Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
082608 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 AUGUST 26, 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. 6:00 P.M. -Closed Session of the City Council pursuant to Government Cade Section: 'I} Conference with City Attorney pursuant to Government Code Section 54956.9(a} and (c}. The Council will meet pursuant to Government Code Section 54956.9 (b} with respect to one matter of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9{c} with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-10 Resolution: 08-83 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar 1 PRESENTATIONSIPROCLAMATIONS Certificate of Congratulations to Carl and Dodi Ross for their 50th Wedding Anniversa French Vallev Enerav Center - Peaker Power Plant PUBLIC COMMENTS A total of 3Q minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute {5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not 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 List of Demands RECOMMENDATION 2.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS A5 SET FORTH IN EXHIBIT A 3 Financial Statements for the Fiscal Year Ended June 30, 2008 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008; 3.2 Approve a transfer of SB 621 {TASIN) revenues in the amount of $3,349 from Police Equipment General Fund to Capital Improvement Project Fund Closed Circuit TV Installation project; 3.3 Approve a transfer of $123,000 from Public Works Department to City Attorney for legal services; 3.4 Approve an appropriation of $32,000 for operating transfer out in the Gas Tax Fund; 3.5 Approved an appropriation of $2,100 for operating transfer out in the AB 3229 COP Fund; 3.6 Approve an increase of $34,100 in the General Fund for operating transfer in. 4 Authorization to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2008-2009 RECOMMENDATION: 4.1 Authorize the Mayor to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2008-2009. 5 Contract for User Fee Study, Cast Allocation Plan, and Development Impact Fee (DIF} Study RECOMMENDATION: 5.1 Approve the contract with Matrix Consulting Group to conduct a user fee study, cost allocation plan, and a development impact fee {DIF} study in an amount of $102,500. 6 Approve FY2008-09 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce RECOMMENDATION: 6.1 That the City Council approve the Operating Agreement and authorize the Mayor to execute the Agreement with the Temecula Valley Chamber of Commerce in the amount of $151,400. 7 Approval of Temecula Valley Convention & Visitors Bureau FY2008-09 Marketing Agreement RECOMMENDATION: 7.1 That the City Council approve the Marketing Agreement which provides City Marketing Funding Support of $120,000 to the Temecula Valley Convention & Visitors Bureau {CONVIS). 8 Award of Construction Contract and Cultural Resources Monitoring Agreement far the Old Town Infrastructure Praiect -Parking Structure; Project No. PW06-07 RECOMMENDATION: 8.1 Award a Construction Contract for Project No. PW06-07, the Old Town Infrastructure Project -Parking Structure to PCL Construction Services in the amount of $15,797,010 and authorize the Mayor to execute the Contract; $.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,579,701, which is equal to 10% of the Contract amount; $.3 Approve the acceleration of $2,906,355 from the Capital Improvement Budget for FY2009-2010 to the current FY2008-2009 for the Old Town Infrastructure Project - Parking Structure, Office and Retail, Project No. PW06-07; 8.4 Approve a Cultural Monitoring Agreement with the Pechanga Band of Luseno Indians to monitor excavation and grading activities and authorize the City Manager to execute the Agreement. 9 Tract Map No. 35181, located at the northwest corner of Dendy Parkway and Winchester Road RECOMMENDATION: 9.1 Approve Tract Map No. 35181 in conformance with Conditions of Approval; 9.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance, Labor and Materials, and Monument Bonds as security for the Agreement. 10 Substitute Agreements and Bonds far Public Improvements in Tract No. 23064 (Located northeasterly of the intersection of Deer Hollow Road and Peppercorn Drive} RECOMMENDATION: 10.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064; 10.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23064; 10.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23064; 10.4 Direct the City Clerk to so advise the developer and surety. 11 Substitute Agreements and Bonds for Public Improvements in Tract No. 23065-3 (Located northwesterly of the intersection of Pechanga Road and Peachtree Street -Centex Hamel RECOMMENDATION: 1 1.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23065-3; 11.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map Na. 23065-3; 11.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bands for Tract Map No. 23065-3; 11.4 Direct the City Clerk to so advise the developer and surety. 12 Agreement for Design and Creation of the Tawn Square Fountain Art Piece with Pardell Design RECOMMENDATION: 12.1 Approve the Agreement with Pardell Design for the Design and Creation of the Town Square Fountain Public Art for $83,550 and authorize the Mayor to execute the Agreement; 12.2 Authorize the City Manager to extra work authorizations nat to exceed the contingency amount of $8,355, which is equal to 10% of the Agreement amount. 13 Santa Margarita Area Annexation Update - At the Request of Mayor Naggar RECOMMENDATION: 13.1 Receive and File 14 Second Reading of Ordinance No. 08-09 RECOMMENDATION: 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE FOR GRADING, EROSION, AND SEDIMENT CONTROL TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J' AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS 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 (v} minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of August 12, 2008. 16 Financial Statements for the Fiscal Year Ended June 30, 2008 RECOMMENDATION: 16.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008; 16.2 Approve an increase of $2,400 for Street Lighting in Service Level "B" Fund; 16.3 Approve an increase of $100 for Emergency Street Maintenance in the Service Level "R" Fund. 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 came forward and state your name and address for the record RDA CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of August 12, 2008. 18 Financial Statements for the Fiscal Year Ended June 30, 2008 RECOMMENDATION: 18.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008; 18.2 Approve an increase of $850,000 for property tax increment revenues in the Debt Service Fund; 18.3 Approve an appropriation of $725,000 for pass-through agreements in the Debt Service Fund. 19 Exclusive Negotiating Agreement with Pelican Properties RECOMMENDATION: 19.1 Approve an Exclusive Negotiating Agreement between the Agency and Pelican Properties. JOINT CITY COUNCILIREDEVELOPMENT PUBLIC HEARING 20 California State University Funding Agreement RECOMMENDATION: 20.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS 20.2 That the Temecula Redevelopment Agency adopt a resalution entitled RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS 20.3 Approve an appropriation of $115,000 for the Education Center Improvements from the Redevelopment Agency tax increment. RDA DEPARTMENTAL REPORT 21 Redevelopment Departmental 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 DEPARTMENTAL REPORTS 22 Planning Department Monthly Report 23 Public Works Department Monthly Activity Report 24 Police Department Manthly Repart CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, September 9, 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. The entire agenda packet (including staff reports} may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well vNll be available the Friday before the City Council meeting after 4:00 PM. PROCLAMATIONS AND PRESENTATIONS ~ a ~ ~~ ~ O ~ ~~ ~~ ~ ~ v ~ ~ v ~ ~ ~ z z o ~ ~ ~ w~ c~~ w~ ~ ~ ~ ,~ ~ ~ ~ N x~ ~ ' ~ ~ ~ ~ ~y ~ ~ o U ~ ~ N ~~ '-' °'~' ~ zs +~ ~ *•.~ w • a~ x ~ o ~ . ~ ~ ~ ~ °~ ~ ~ o ° ~ ~ ~ ~ ~ , .~ A . :~ ~ ~ ~ ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ o . ,__, ~ ~ ~ ~ '~ ~ ,~ ~ ~ o ~ ~+ .-~' o ~ v U '`~' ~' ~ ~ ° ~_ ~ ~ o ~, ~ ~ CONSENT CALENDAR ITEM R1C~. 1 ITEM R1C~. 2 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: August 26, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 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 $2,952,071.87. 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 26th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of August, 2448, 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 OS/07/2005 TOTAL CHECK RUN: $1,SS1,348.10 OS/14/2005 TOTAL CHECK RUN: 552,509.12 OS/07/2005 TOTAL PAYROLL RUN: 547,914.65 TOTAL LIST OF DEMANDS FOR COUNCIL MEETING $2.952,071.57 DISBURSEMENTS BY FUND ("HF,CKS~ 001 GENERAL FUND $1,293,522.90 16S RDA LOW/MOD - 20% SET ASIDE 18,314.20 190 TEMECULA COMMUNITY SERVICES DISTRICT 299,513.53 192 TCSD SERVICE LEVEL B 69,774.46 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 24,991.75 194 TCSD SERVICE LEVEL D 1,509.37 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,222.26 197 TEMECULA LIBRARY FUND 22,339.91 210 CAPITAL IMPROVEMENT PROJECTS FUND 448,779.79 280 REDEVELOPMENT AGENCY -CIP PROJECT 31,598.73 300 INSURANCE FUND S,S31.24 310 VEHICLES FUND 28,367.34 320 INFORMATION SYSTEMS 129,149.51 330 SUPPORT SERVICES S,S79.77 340 FACILITIES 13,124.46 477 CFD- RORIPAUGH 538.00 2,404,157.22 001 GENERAL FUND $331,643.69 16S RDA LOW/MOD - 20% SET ASIDE 7,943.90 190 TEMECULA COMMUNITY SERVICES DISTRICT 153,748.47 192 TCSD SERVICE LEVEL B 131.52 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,995.27 194 TCSD SERVICE LEVEL D 1,247.70 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,440.53 197 TEMECULA LIBRARY FUND 401.19 280 REDEVELOPMENT AGENCY -CIP PROJECT 5,326.65 300 INSURANCE FUND 1,399.33 320 INFORMATION SYSTEMS 26,745.71 330 SUPPORT SERVICES 4,061.19 340 FACILITIES 5,829.50 547,914.65 TOTAL BY FUND $2,952,071.87 apChkLst 081D7/2008 1:18:d6PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1101 08/07/2008 DD0245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 80,643.41 Blue Shield HMO Payment 0.00 80,643.41 1102 08/07/2008 DD0444 INSTATAX (EDD) State Disability Ins Payment 26,338.90 26,338.90 1103 08/0712008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 105,605.53 105,605.53 1104 08/0712008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 7,161.81 7,161.81 SOLUTION 1105 08107!2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,145.59 23,145.59 SOLUTION 1106 08/07!2008 000246 PERS (EMPLOYEES' PERS ER Paid MemberContr Payment 131,838.46 131,838.46 RETI REM ENT) 1107 08/D7l2008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,986.41 Child Care Reimbursement Payment 0.00 9,986.41 1108 07/24!2008 012194 DIAMOND VALLEY ESCROW Close Escrow: Pechanga Pkwy II 12,700.00 12,700.00 CORP 125707 07/3112008 008552 ADKINS DESIGN CONSULTING Graphic Design Svcs: Theater 5,336.39 5,336.39 125708 08/01/2008 OD1158 HOLIDAY INN htI:IMSA Conf 9121-24 San Diego 371.25 371.25 125709 08/04/2008 OD8964 PULSIFER, JAMES Entertainment:Hot Summer Ngts 750.00 750.00 125710 08106!2008 011181 GARCIA, GUILLERMO Performance:Harveston Lake Prk 800.00 800.00 125711 08/D7l2008 003552 A F L A C AFLAC Cancer Payment 3,417.02 3,417.02 125712 08/07!2008 004973 ABACHERLI, LINDI TCSD instructor earnings 880.00 880.00 125713 081D712008 D12169 ALCANTAR, GILBERT entertainment: Hot SummerNgts 500.00 500.OD 125714 08/07/2008 OD3951 ALL AMERICAN ASPHALT Jul svc: Pechanga Pkwy II 165,084.75 165,084.75 Page:1 apChkLst 08/07/2008 1:18:46PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125715 08!07!2008 006915 ALLIE'S PARTY EQUIPMENT misc equip & supplies:Team Pace 169.49 equip rental: 4th of July Parade 574.74 equip rental: 4th of July Parade 832.55 equip rental: Aglow in the Park 600.35 2,177.13 125716 08107!2008 004240 AMERICAN FORENSIC NURSES DUI & drug screeings: Police 518.00 DUI & drug screeings: Police 481.00 999.00 125717 08/07!2008 004787 AMERIMARK DIRECT promo products: Ohildren's Museum 773.02 sales tax -43.99 729.03 125718 08/07/2008 000101 APPLE ONE INC temp help ppe 715: Tuley-Fuson 480.64 temp help ppe 7112: Tuley-Fuson 600.80 temp help ppe 7119: Tuley-Fuson 600.80 1,682.24 125719 08!07!2008 004599 AQUARIUM OF THE PACIFIC Excursion 8/11: MPSC 167.40 167.40 125720 08107!2008 011237 ARROW CHARTER LINES INC Transportation: Cultural Arts 907.50 907.50 125721 08/07!2008 003203 ARTISTIC EMBROIDERY shirts: Summer Concerts 498.41 uniform items: TCSD Staff 122.84 uniform items: TCSD Staff 814.03 Uniform shirts: Info Sys 43.10 1,478.38 125722 08/07!2008 008879 BAKER, HOLLY Refund: Toddler Swimming Taylor 36.00 36.00 125723 08!07!2008 004205 BALLET FOLKLORICO TCSD Instructor Earnings 70.00 70.00 125724 08/07/2008 005709 BAMM PROMOTIONAL recognition t-shirts: TCSD day camp 907.18 907.18 PRODUCTS 125725 08/07/2008 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00 125726 08/07/2008 012189 BIEBER, SUSAN D. refund: security dep CRC 6111 150.00 150.00 125727 08107!2008 010232 BLOOMFIELD, CARL Lecture Fee 817: TV Museum 150.00 150.00 125728 08107!2008 008605 BONTERRA CONSULTING Jun svcs:RRSP desilt basin 1,018.00 Jun clean-up svc:RRSP desilt basin 2,770.00 3,788.00 125729 08/07!2008 012193 BRATENE, RACHAEL refund: Level 2 Swimming Moriah 36.00 refund: Level 2 Swimming Jeremiah 36.00 72.00 125730 08107!2008 003222 BROCKMEIER, CAROL Retirement Medical Payment 690.26 690.26 Paget apChkLst Final Check List Page: 3 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125731 08!07!2008 004126 BROOKS, JIM Lecture Fee 817:TV History Museum 200.00 200.00 125732 08/07/2008 000128 BROWN & BROWN OF CALIF INC Ins policy HACRU69055L51208 80,810.OD 80,810.00 125733 08/07/2008 005384 CALIF BAGEL BAKERY & DELI Refreshments:Civc Ctr Mtg 5120 29.63 29.63 125734 08/07/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF 099118 25.00 25.00 125735 08/07/2008 000638 CALIF DEPT OF CONSERVATION 2008 2nd Qtr pmt:strong motion -334.76 2008 2nd Qtr pmt:strong motion 6,695.20 6,360.44 125736 08/07/2008 000647 CALIF DEPT OF CONSUMER 08109 mbrshp: Charette, Steven 125.00 125.00 AFFAIRS 125737 08/07/2008 004248 CALIF DEPT OFJUSTICE- DUI & drug screenings: Police 2,520.00 ACCTING DUI & drug screenings: Police 1,155.00 DUI & drug screenings: Police 35.00 Jun Fingerprinting svc: PD & HR 2,577.00 6,287.00 125738 08/0712008 002520 CALIF T'S SCREENPRINTING credit: billing adj invoice 6130/08 -38.00 Recognition shirtslhats:SMART Prgm 604.69 566.69 125739 08/07/2008 012165 CANTER, BRENT entertainment: Hot SummerNgts 750.00 750.00 125740 08/07/2008 003775 CHAPARRAL HIGH SCHOOL Ad: 114 page CHS Football Pgrm 185.OD 185.00 125741 08107!2008 000137 CHEVRON AND TEXACO City vehicles fuel: CM 401.54 City vehicles fuel: Police 2,193.44 2,594.98 125742 08/07!2008 004609 CINTAS DOCUMENT Jun doc shredding svc: Police 22.50 22.50 MANAGEMENT 125743 08107!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 125744 08107!2008 001923 CONVERSE CONSULTANTS May-Jul enviro svcs:Santa Gertrudis 2,250.00 2,250.00 125745 08107!2008 012147 CORONA, MARIA Lecture Fee: TV Museum 300.00 300.00 125746 08/0712008 003986 COZAD & FOX INC Feb-Jun cnslt svc:RRSP channel 968.00 968.00 Page:3 apChkLst 08/07/2008 1:18:46PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125747 08!07!2008 010290 CROWNE HILL ELEMENTARY refund: security deposit CRC 6!9 150.00 150.00 125748 08/07/2008 001393 DATA TICKET INC Jun parking citation secs: Police 3,056.28 3,056.28 125749 08107!2008 008943 DEPT OF GENERAL SERVICES Admin Hearing Svcs: Code Enf 514.25 514.25 (DGS) 125750 08/07/2008 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 798.OD 798.00 125751 08107!2008 003945 DIAMOND ENVIRONMENTAL Portable toilet svc:St Paint Fest 293.11 293.11 SRVCS 125752 08!07!2008 002701 DIVERSIFIED RISKMUB INT'L July special events premiums 2,751.93 2,751.93 125753 08107!2008 000609 DOUBLETREE HOTEL Cnf:Dep.SalaslMarquezlAdner/Ellsworth 1,147.95 1,147.95 125754 08107!2008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 1,155.00 1,155.00 125755 08/07/2008 005692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.00 125756 08/07!2008 011292 ENVIRONMENTAL SCIENCE Apr CEQA cnslt Svcs: Planning 5,030.36 5,030.36 ASSOC. 125757 08107!2008 000164 ESGIL CORPORATION Jun plan check svcs: B&S 1,056.00 1,056.00 125758 08107!2008 012192 ESPLANA, MARLYN refund: security deposit MPSC 8/23 150.00 refund: room rental MPSC 8123 252.00 402.DD 125759 08107!2008 012150 FALLBROOK GEM & MINERAL Lecture fee: 11/ Museum 100.00 100.00 125760 08/07/2008 000165 FEDERAL EXPRESS INC 7111 express mail svcs: Citywide 301.94 301.94 125761 08/07/2008 012149 FEDERIGHI, ROBERT T. add'I review: roller hockey rink 400.DD 400.00 125762 08/07!2008 003747 FINE ARTS NETWORK sttlmnt: Cabaret 7/20-813 5,711.30 5,711.30 125763 08/07!2008 003747 FINE ARTS NETWORK sttlmt: Lost in Yonkers July'08 1,806.39 1,806.39 125764 08107!2008 000166 FIRST AMERICAN TITLE property title rpt:28816 Pujol St 500.00 500.00 COMPANY Page:4 apChkLst Final Check List Page: 5 08/07/2008 1:18:46PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125765 08/07!2008 000166 FIRST AMERICAN TITLE Lot book rpt: 42950 Virgo Ct 75.00 COMPANY Lot book rpt: 30800 Lama Linda 75.00 Lot book rpt: 31880 Corte Pollensa 75.00 Lot book rpt: 45010 Putting Green 75.00 Lot book rpt: 31856 Via Barraza 75.00 Lot book rpt: 31278 Bocaw Cr 75.00 Lot book rpt: 32131 Via Bande 75.00 Lot book rpt: 31114 EI Torito 75.00 Lot book rpt: 42951 Cala Rosso 75.00 Lot book rpt: 43957 Northgate 75.00 750.00 125766 08/07!2008 003347 FIRST BANKCARD CENTER COUNTRY GARDEN GY refreshments: Monthly Union mtg 45.17 RESTAURANT PAYPAL GR Verisign PayFlow Pro Transaction 59.95 CHEESECAKE FACTORY GR meals:lntrnl Cntrl Cf: 7/15 72.93 MOVIE EXPERIENCE, THE HPTickets Kung Fu Panda:Day Camp 559.00 MOVIE EXPERIENCE, THE HPTickets: Summer Day Camp 387.00 MOVIE EXPERIENCE, THE HPTickets Hancock:Day Camp 98.OD CALIF PARKS & RECREATION HP Director's Summit:7/31-811 249.00 SOC SOUTHWEST AIRLINES HP Airfare:Director's Conf:7/31-8t1 159.00 POLESTAR HPArtist Mgmnt Directory:Theater 160.89 1,790.94 125767 08/0712008 003281 FOREMOST PROMOTIONS promo items: Police CAP Pgrm 1,639.17 sales tax: Police promo items -107.26 1,531.91 125768 08107!2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 824.30 824.30 125769 08107!2008 001989 FOX NETWORK SYSTEMS INC computer equiplsupplies: Info Sys 553.34 computer equiplsupplies: Info Sys 110.81 computer equiplsupplies: Info Sys 521.60 computer equiplsupplies: Info Sys 552.31 computer equiplsupplies: Info Sys 60.05 computer equiplsupplies: Info Sys 366.94 AXIS Network Camera: Info Sys 710.25 2,875.30 125770 08!07!2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 125771 08107!2008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 8/1 336.00 336.00 125772 08107!2008 012066 GEOCON INLAND EMPIRE INC Jun geo svc:Pechanga Pkwy II 103.50 103.50 Pagea apChkLst Final Check List Page: 6 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125773 08107!2008 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 14.00 CLUB TCSD instructor earnings 21.00 TCSD instructor earnings 25.20 TCSD instructor earnings 17.50 TCSD instructor earnings 28.00 TCSD instructor earnings 24.50 TCSD instructor earnings 24.50 TCSD instructor earnings 24.50 TCSD instructor earnings 31.50 TCSD instructor earnings 21.00 TCSD instructor earnings 24.50 256.20 125774 08/07!2008 000378 HAFELI, THOMAS Reimb: Clock Council Chambers 286.00 286.00 125775 08!07!2008 008244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97 125776 08/07/2008 006250 HAZ MAT TRANS INC Haz Mat Svcs: PW waste disposal 2,850.OD 2,850.00 125777 08/0712008 001135 HEALTHPOINTE MEDICAL Pre-employment physicals: HR 270.00 270.00 GROUPING 125778 08/07/2008 0031 D6 HERITAGE SECURITY SERVICES Security svcs: 4th of July Parade 4,695.DD 4,695.00 125779 08/07/2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 125780 08/07/2008 011771 HOGLE IRELAND INC Jul plan ck inspections: Planning 8,480.DD 8,480.00 125781 08107!2008 003198 HOME DEPOT, THE supplies: Traveling Arts Carnival 152.74 supplies: Traveling Arts Carnival 94.21 supplies: Traveling Arts Carnival 144.30 supplies: Traveling Arts Carnival 406.01 797.26 125782 08/0712008 011342 I A C ENGINEERING INC. Jul const svc:Murrieta Grk Trail 129,469.53 129,469.53 125783 08/07!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,928.77 11,928.77 303355 125784 08107!2008 005579 INLAND EMPIRE PROPERTY credit: billing adj invexceeds PO -6,070.60 Weed abatement:Code Enfrcmnt 35,497.85 29,427.25 125785 08/07!2008 006914 INNOVATIVE DOCUMENT Jun copier maint svcs: Citywide 5,404.14 SOLUTIONS Jun copier maintlusage: Library 773.01 6,177.15 Page6 apChkLst Final Check List Page: 7 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125786 08/07!2008 004862 INTL PAVEMENT SOLUTIONS INC Jul svcs: Citywide concrete repairs 2,458.67 2,458.67 125787 08/07/2008 010119 IRS - OIG Sup Pmt Offer# 1000497587 452379267 140.11 140.11 125788 08/07/2008 001186 IRWIN, JOHN TCSD instructor earnings 1,038.80 TCSD instructor earnings 666.40 1,705.20 125789 08/0712008 010412 JOHNSON POWER SYSTEMS emerg generator repair: Fld Op Ctr 441.94 441.94 125790 08107!2008 002519 LAB SAFETY SUPPLY INC safety supplies: PW Maint 1,513.48 sales tax -106.50 1,406.98 125791 08/07!2008 000482 LEIGHTON CONSULTING INC Jun geotech svc:Old Town 10,500.00 10,500.00 125792 08107!2008 011259 MARKEN, LESLIE A. Lecture Fees:history museum 8!5!08 200.00 200.00 125793 08107!2008 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 693.00 TCSD Instructor Earnings 567.00 TCSD Instructor Earnings 945.OD 2,709.00 125794 08107!2008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 338.10 TCSD Instructor Earnings 665.00 TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 420.00 2,305.10 125795 08107!2008 006571 MELODY'S AD WORKS Jul marketing & promo srvcs:old town 5,000.00 5,000.00 125796 08/07/2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,380.26 8,380.26 125797 D8/0712008 007210 MIDORI GARDENS irrigation repairs:Wolf Creek Prk 614 278.29 278.29 125798 08/07/2008 004002 MILNER SIGNS Facade Imprv Prgm: European Living 2,987.63 2,987.63 125799 08/07!2008 005887 MOFFATT & NICHOL ENGINEERS 4127-5124/08 consult srvcs:F.V. Pkwy 37,474.91 37,474.91 125800 08107!2008 012190 MURPHY, REINA refund:level 1 swim lessons/samantha 36.00 36.00 125801 08/0712008 000233 NELSON, SHAWN reimb: Jul Internet services 44.99 44.99 Page:? apChkLst Final Check List Page: 8 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125802 08/07!2008 009337 NOLTE ASSOCIATES INC Jun eng srvcs:Bridge realign study 11,257.18 Jun eng design srvcs:ped bridge 5,477.13 16,734.31 125803 08/07!2008 005573 PALOMA ELEMENTARY PTA Refund:sec.deposit/CRC pool 3!5!08 150.00 150.00 125804 08/07/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 125805 08107!2008 012191 PERROT, JAYME refund:sec.depositlCRC 7127108 150.00 150.00 125806 08107!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 125807 08107!2008 000249 PETTY CASH Petty Cash Reimbursement 711.40 711.40 125808 08/07!2008 D00253 POSTMASTER postage~re permits mailing:Fire Prev 828.44 828.44 125809 08/07/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 5D2.20 502.20 125810 08107!2008 007093 PYLE, ANITA Retirement Medical Payment 244.44 244.44 125811 08/07/2008 DD0271 RBF CONSULTING Jun const support srvcs:old town prof 2,028.74 Jun prof srvcs:l-15lSR79S Ult. Intrchng 14,561.86 16,590.60 125812 08/07/2008 004584 REGENCY LIGHTING electrical supplies: old town 161.63 161.63 125813 08107!2008 002412 RICHARDS WATSON & GERSHON Void 0.00 void o.oo void o.DD void o.oo o.oo 125814 08/07/2008 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 462.00 TCSD Instructor Earnings 171.50 TCSD Instructor Earnings 24.50 658.00 125815 08/07!2008 000268 RIVERSIDE CO HABITAT July'08 K-Rat payment 200.00 200.00 125816 08107!2008 001592 RIVERSIDE GO INFO Jun radio rental & maint:police/park 1,686.08 1,686.08 TECHNOLOGY 125817 08/07!2008 000406 RIVERSIDE CO SHERIFFS DEPT 4th of July paradelfireworks patrol srvcs 18,560.28 18,560.28 Page:B apChkLst Final Check List Page: 9 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125818 08107!2008 000406 RIVERSIDE CO SHERIFFS DEPT Explorer Acad. 8/4-8108 JD/ST/671JS 950.00 950.00 125819 08/07/2008 D12174 RUHNAU RUHNAU CLARKE Dsgn tenant improvements:Fire Stn 73 3,000.00 3,OOO.OD 125820 08/0712008 OD7582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,043.94 1,043.94 125821 08/07/2008 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 125822 08/07/2008 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 588.00 588.00 125823 08107!2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment: Payment 344.97 344.97 125824 08/07!2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2007052618 100.00 100.00 125825 08/0712008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7131108 388.50 388.50 125826 08107!2008 009013 SISOUOC, LORENE A Lecture & workshop fee:histary mus 200.00 200.00 125827 08/07/2008 OD0537 SO CALIF EDISON Jul 2-00-397-5067 various mtrs 1,704.85 Ju12-29-974-7899 Ynez Rd LS-3 41.55 Jul 2-29-9747568 Ynez Rd TC-1 55.70 Jul 2-29-47&2981 Temecula Pkwy 93.19 Jul 2-ZO-798-3248 C. Museum 2,075.76 Jul 2-27-805-3194 Theater 7,247.94 Jul 2-02-502-8077 West Wing 2,687.82 Jul 2-30-220-8749 Wolf Creek Dr 535.08 Jul 2-29-657-2332 Redwood Rd PED 18.08 Jul 2-28-629-0507 Library 13,220.96 Jul 2-29-95 3-8 4 47 11UIf Vlly Rd PED 18.65 27,699.58 125828 08107!2008 001212 SO CALIF GAS COMPANY Jul 091-085-1632-0 T. E.S. Pool 78.97 78.97 125829 08/0712008 OD7762 STANDARD INSURANCE Mandatory Life Insurance Payment 11,316.13 11,316.13 COMPANY 125830 08/07/2008 ODZ015 STAR WAY PRODUCTIONS Audio services:4th of July 1,120.00 1,120.OD 125831 08/0712008 OD9452 STRAWN, WILLIAM R. ee computer purchase prgm 1,945.85 1,945.85 Page9 apChkLst Final Check List Page: 10 08/07/2008 1:18:4 6PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125832 08!07!2008 012188 STRONG FAMILIES TCSD Instructor Earnings 220.50 220.50 125833 08/07/2008 001547 TEAMSTERS LOCAL 911 Unian Dues Payment 5,476.00 5,476.00 125834 08/0712008 008218 TEMECULA MO, LLC refund:trust account 10100 balance 2,958.20 2,958.20 125835 08/07!2008 000316 THORNHILL, GARY Retirement Medical Payment 703.00 703.00 125836 08/07!2008 010526 TUCKER, DON 715-7111 Trolley srvcs:old town 800.00 7112-7118 Trolley srvcs:old town 800.00 7119-7125 Trolley srvcs:old town 800.00 7126-811 Trolley srvcs:old town 800.00 812-818 Trolley srvcs:old town 800.00 4,000.00 125837 08107!2008 011544 U S GREEN BUILDING COUNCIL Leed Homes-S.D.,Ca. 7117 M.Harold 275.00 275.00 125838 08107!2008 002702 U S POSTAL SERVICE JunlJul'08 postage meterdeposit 5,859.61 5,859.61 125839 08/0712008 012168 UNDEM, STEWART W. PerFormance:hot summer nights 7112 1,000.00 1,000.00 125840 08/07/2008 OD0325 UNITED WAY United Way Charities Payment 69.D0 69.00 125841 08/07!2008 004261 VERIZON Jul xxx-5509 general usage 144.34 Jul xxx-1999 general usage 39.11 Jul xxx-0049 general usage 45.97 Jul xxx-9897 general usage 87.92 317.34 125842 08/07/2008 010245 VILLA, DOLORES Retirement Medical Payment 585.88 585.88 125843 08/0712008 001342 WAXIE SANITARY SUPPLY INC custodial supplies: crc/city halllfoc 1,112.04 1,112.04 125844 08107!2008 000339 WEST PUBLISHING CORP Jun City hall legal publications 213.36 213.36 125845 08/07!2008 000621 WESTERN RIVERSIDE COUNCIL July'08TUMF Payment 717,421.86 717,421.86 OF 125846 08/07!2008 008402 WESTERN RIVERSIDE COUNTY July'08 MSHCP payment 2,533.20 2,533.20 125847 08107!2008 000341 WILLDAN ASSOCIATES ING Jun eng srvcs:pave mgmt pgrm 4,075.00 4,075.00 Page:10 apChkLst 08!0712008 1:18:46PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 125848 08!07!2008 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description reimb:movieslconcert series supplies 125849 08/07/2008 003776 ZOLL MEdICAL CORPORATION Misc medical supplies: paramedics Amount Paid 96.97 356.23 Page: 11 Check Total 96.97 356.23 Grand total for UNION BANK OF GALIFORNIA: 1,851,348.10 Page:11 apChkLst Final Check List Page: 12 08l177J217Q8 1:18:46PM CITY OF TEMECIJLA 151 checks in this report. Grand Tatal All Checks: 1,851,348.10 Page:12 apChkLst 08114/2008 8:54:32AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 125850 08/14/2008 007186 AB MAILING SOLUTIONS Mailing Svcs: Theater 102.44 Mailing svcs: Theater 119.41 221.85 125851 08/14/2008 000434 AGCELA.COM Permits Plus software maint: IS 38,185.39 38,185.39 125852 08/14!2008 008552 ADKINS DESIGN CONSULTING graphic design svcs: Theater 1,427.16 1,427.16 125853 08/14!2008 005339 ADMINISTRATIVE 1 yr subsc: Admin Prof 42772277 87.00 87.00 PROFESSIONAL 125854 08/14!2008 012045 ADVANCED WINDOW Res Imp Pgrm: McMurray, Kathleen 7,500.00 7,500.00 CONTRACTORS 125855 08114!2008 009010 ALEXANDER PACIFIC Refund: Parking Gitation# 59388 80.00 80.00 125856 08/14/2008 012161 ALFONSO, RUSSELL C Refund: Parking Gitation# 64584 50.DD 50.00 125857 08/14/2008 009374 ALLEGRO MUSICAL VENTURES piano maint svcs: Theater 140.00 140.00 125858 08/14!2008 009033 ALLEN, STEVEN L. photography svcs:Summer Concert 300.00 300.00 125859 08/14!2008 000747 AMERICAN PLANNING 07!08-06109 mb: Ubnoske, Debbie 315.00 315.00 ASSOCIATION 125860 08/14!2008 000936 AMERICAN RED CROSS class fees: Aquatics Pgrm 320.00 320.00 125861 08/14!2008 0001 D1 APPLE ON E INC temp help ppe 7126: Tuley-Fuson 600.80 600.80 125862 08/14/2008 004623 AQUA TECH ENTERPRISES pool chemicals: Aquatics 861.90 861.90 125863 08/14/2008 011961 AT&T MOBILITY Jul 4070/3465 cellular usage 148.58 148.58 125864 08/14!2008 008836 AUGUSTINE DEVELOPMENT refund: Eng Dep 3D545 Estero St 995.00 995.00 CORP. 125865 08114!2008 002648 AUTO CLUB OF SOUTHERN Membership: 77080614 HO 47.00 CALIF Membership: 014781145 BC 47.00 94.00 125866 08114!2008 011954 BAKER & TAYLOR INC (44) book purchase: Library 1,097.53 1,097.53 Page:1 apChkLst Final Check List Page: 2 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125867 08/14!2008 002541 BECKER CONSTRUCTION SRVS concretelroot repairs: PW Maint 23,765.00 23,765.00 INC 125868 08/14/2008 004040 BIG FOOT GRAPHICS Graphic design/prnt svcs: TCSD 198.98 Cartooning Instruction:Day Camp 300.00 Expo Lago design svcs: TCSD 750.00 1,248.98 125869 08/14/2008 012199 BOERS, ALMA D. & HANS H. ref:Eng Dep 40231 Paseo del Cielo 995.00 995.00 125870 08/14!2008 012214 BROSCHE, STEPHEN Reimb:Natl Gng Vlnc 7/29-811 Anaheim 196.18 196.18 125871 08/14!2008 010817 BURNS, DAVID 7125 performance:Hot SummerNgts 600.00 600.00 125872 08/14/2008 012210 BUTTERFIELD RANCH SELF ref:eng dep 43920 Butterfield Stage 995.00 995.00 STORAGE 125873 08/14/2008 006908 C C & COMPANY INC Caricaturist Artist: Day Camp 925.00 925.00 125874 08/14/2008 005321 CALIF ASSOC OF CODE Wtr/Mold Conf 7118:Cole, Tom 65.00 65.00 125875 08/14!2008 005384 CALIF BAGEL BAKERY & DELI refreshments:Council Mtg 7/22 263.99 263.99 125876 08/14!2008 OD6614 CALIF CITY MANAGEMENT 08!09 CCMF mb: Nelson, Shawn 400.00 400.00 125877 08/14!2008 000647 CALIF DEPT OF CONSUMER 08!09 Lic 69923 Hannah-Meistrell 125.00 125.00 AFFAIRS 125878 08/14!2008 010939 CALIF DEPT OF INDUSTRIAL ann'I inspection: CRC waterslide 250.00 25D.DD 125879 08/14/2008 DD0502 CALIF MUNI STATISTICS CAFR debt stmt 6130108 850.00 850.OD 125880 08/14/2008 002520 CALIF T'S SCREENPRINTING Screenprinting svcs: TCSD 63.36 63.36 125881 08/14!2008 009815 CARD QUEST INC Nisca Card Printer: Info Sys 1,838.59 1,838.59 125882 08/14!2008 000131 CARL WARREN & COMPANY INC Jul Claim adjuster services 240.00 240.00 125883 08/14!2008 003534 CLOUD PRODUCTIONS performance:Harveston Park 500.00 500.00 Paget apChkLst 08!1412008 8:54:32AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125884 08/14!2008 006303 CONDUIT NETWORKS, INC software memory upgrade:Library 2,424.38 phone equip: Info Sys 47,010.57 flat panel monitor: Info Sys 2,439.73 51,874.68 125885 08/14/2008 010331 COOPER, JOSIAH Reimb: Day Camp rental car 7/2 129.73 129.73 125886 08/14!2008 001264 COSTCO WHOLESALE misc supplies: Theater 63.21 63.21 125887 08/14!2008 012200 DE OCHOA, MARTHA refund: security dep CRC 7126 400.00 400.00 125888 08/14/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW CIP 371.00 INC Fuel for City vehicles: PW Traffic 136.27 Fuel for City vehicles: PW Maint 2,449.39 Fuel for City vehicles: PW L.DvMPDES 762.57 Fuel for City vehicles: PW CIP 64.90 Fuel for City vehicles: B&S 668.62 Fuel for City vehicles: Code Ef/Pln 831.24 Fuel for City vehicles: TCSD 3,334.70 8,618.69 125889 08/14!2008 002528 EAGLE GRAPHIC CREATIONS recognition items: City Council 146.54 INC New Emp Recognition Mugs:HR 17.46 164.00 125890 08/14!2008 012177 EASY MUSIC SCHOOL refund: add'I staff hrs MPSC 7120 78.00 78.00 125891 08/14/2008 005115 ENTERPRISE RENT A CAR INC vehicle rentals:Teen Day Camp 431.14 431.14 125892 08/14/2008 011203 ENVIRONMENTAL CLEANING Jul janitorial svcs:park restrooms 5,315.00 5,315.00 125893 08/14/2008 011292 ENVIRONMENTAL SCIENCE Jun GEQA cnslt svcs: Planning 5,572.30 5,572.30 ASSOC. 125894 08/14/2008 002939 ENVIRONMENTAL SYSTEMS GlSstafftraining:Beal,Kelli 1,470.00 1,470.00 RESEARCH 125895 08/14/2008 000478 FAST SIGNS exhibit signage: TV Museum 33.29 33.29 125896 08/14!2008 000206 FEDEX KINKOS INC misc printing svcs: Planning 14.01 Misc supplies: Central Svcs 3.65 17.66 125897 08/14!2008 011562 FILIPPINI, ANGELO CFD 88-12 Reimb:APN 921291032 200.56 200.56 Page:3 apChkLst Final Check List Page: 4 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125898 08/14/2008 003347 FIRST BANKCARD CENTER TARGET BANK BUS CARD SRVCS DU supplies: Pln Comm dinner 25.82 PAT & OSCARS RESTAURANT DU mtg 7/9 Mercedes reps/staff 166.69 ROSS STORES ING. DU supplies: Pln Gomm dinner 6.45 BEd BATH & BEYOND DU supplies: Pln Gomm dinner 78.93 SOUTHWEST AIRLINES RR Airfare:Ntl Lg Cf 11111-15 Vegas 461.50 M C I CENTER RR Parking Metrolink Mtg 7/11 11.00 750.39 125899 08/14!2008 009097 FULL COMPASS SYSTEMS Misc Supplies: Theater 247.94 Misc Supplies: Theater 734.32 982.26 125900 08/14/2008 011967 FULL VALUE ENTERTAINMENT soundlequip svcs:Harveston Park 300.00 soundlequip svcs:Harveston Park 300.00 soundlequip svcs:Harveston Park 300.00 900.00 125901 08/14!2008 011967 FULL VALUE ENTERTAINMENT sttlmt: Live at the Merc 8!8/08 252.00 252.00 125902 08/14!2008 010028 G M BUSINESS INTERIORS office furniture: CM 843.63 843.63 125903 08/14!2008 003946 G T ENTERTAINMENT equip rental: Children's Museum 100.00 100.00 125904 08/14/2008 001937 GALLS INC mist supplies: Aquatics pgrm 13.27 13.27 125905 08/14/2008 012198 GATHRIGHT, LARRY Reimb:GAP Conf 7120-22 LkTahoe 58.37 58.37 125906 08/14!2008 000173 GENERAL BINDING Binding Supplies: Central Svcs 132.56 132.56 CORPORATION 125907 08/14!2008 002174 GROUP 1 PRODUCTIONS video svc: 4th of July Parade 4,800.00 4,800.00 125908 08/14!2008 003299 HAYES, BARNEY 7118 Performance:Hot Summer Ngt 400.00 811 Performance:Hot Summer Ngt 400.00 800.00 125909 08/14!2008 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 4,350.00 4,350.00 125910 08/14/2008 012158 HOFFMAN LAMBERT III, JOSEPH Refund: Parking Citation# 46664 35.00 35.00 125911 08/14/2008 012159 HOFFMAN, ZENAIDA H Refund: Parking Citation# 65733 60.00 60.00 Page:4 apChkLst Final Check List Page: 5 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125912 08114!2008 003198 HOME DEPOT, THE Hardware supplies: Fld Op Ctr 43.05 Hardware supplies: City Hall 44.08 87.13 125913 08114!2008 001517 HORIZON HEALTH Jul emp assistance pgrm: HR 884.40 884.40 125914 08/14/2008 008356 HORIZON MECHANICAL OF CALIF pool wtr heater installation:CRC 4,985.00 4,985.00 125915 08/14/2008 012162 HYDE, LORRAINE I Refund: Parking Citation# 66533 300.00 300.00 125916 08114!2008 010530 I P C INDUSTRIES INC vehicle rental: 4th of July Parade 436.39 436.39 125917 08/14!2008 004406 IGOE & COMPANY ING Jul flex benefit plan pmt 410.00 410.00 125918 08/14/2008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals: Aquatics 243.73 INC pool sanitizing chemicals: Aquatics 312.48 556.21 125919 08/14/2008 006573 JENSEN, RICH Reimb:Bld/Green San Diego 7/30-814 834.79 834.79 125920 08/14/2008 004908 JIFFY LUBE 1878 Vehicle repairlmaint: B&S 42.93 42.93 125921 08/14/2008 002789 KIMCO STAFFING SERVICES INC temp help ppe 7120: Stuckert, P 69.60 temp help ppe 7120: Reznicek, M 69.60 temp help ppe 7120: French, M 69.60 temp help ppe 7120: Cloutier, D 69.60 temp help ppe 7120: Taylor, T 69.60 348.00 125922 08/14/2008 004546 KING, JAMES N. 7118 performance:Hot SummerNgts 1,250.00 1,250.00 125923 08/14/2008 001282 KNORR SYSTEMS INC Pool Pump Control: CRC 11,376.25 11,376.25 125924 08/14!2008 000488 KNOTTS BERRY FARM excursion:Summer Day Camp 1,776.03 excursion: Smart Pgrm 816 375.79 2,151.82 125925 08/14!2008 012160 KRANTZ, ROBERT Refund: Parking Citation# 46567 25.00 25.00 125926 08/14/2008 012201 KULLA, JENELLE MARIE refund: Raging Waters-Jessica 30.00 refund: Raging Waters-Christina 30.00 60.00 125927 08/14/2008 010546 L C I SERVICES Rolling Srvllnce Sem 814-8: LG 470.00 470.00 125928 08/14/2008 012164 LECLERC, JOHN MICHAEL Performance: Harveston Park 300.00 300.00 Pagea apChkLst Final Check List Page: 6 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125929 08/14!2008 012164 LEGLERC, JOHN MICHAEL 7125, 8!1 prFmnc:Hat Summer Ngt 200.00 200.00 125930 08/14/2008 003726 LIFE ASSIST INC medical supplies: Paramedics 30.03 credit: returned supplies -30.03 medical supplies: Paramedics 1,474.95 1,474.95 125931 08/14!2008 008965 LOWDER, BOB 8!8 performance:Hot Summer Ngt 650.00 650.00 125932 08/14!2008 004087 LOWES INC misc supplies: Theater 40.82 misc supplies: Theater 56.29 misc supplies: Theater 17.61 misc supplies: Theater 41.12 155.84 125933 08/14!2008 003782 MAIN STREET SIGNS Misc. street signs:pw maint div 226.28 226.28 125934 08/14!2008 004141 MAINTEX INC Custodial supplies: library 435.75 Custodial supplies: city hall 708.10 1,143.85 125935 08/14!2008 001967 MANPOWER TEMPORARY temp help w/e 07/27 J. Diegel 1,159.20 SERVICES temp help wle 07106 A. Paed 13.41 temp help w/e 07!06 A. PaedlJ. Diegel 1,495.05 2,667.66 125936 08/14/2008 006571 MELODY'S AD WORKS Aug marketing & promo srvcs:eld town S,OOO.D0 reimb expenses:Old Town events 94.80 reimb expenses:Hot Smr Nights 7122 195.00 5,289.80 125937 08/14!2008 012213 METROPOLITAN WATER permit fee:W.Bypass Bridge pw06-04 1,900.00 1,900.00 DISTRICT 125938 08/14!2008 001384 MINUTEMAN PRESS business cards: R. Johnson 116.96 Misc. printing: B&S Dept. 136.30 business cards:BetzlMenzimerlMasters 206.86 Letterhead & envelopes: RDA 228.28 688.40 125939 08114!2008 004534 MOBILE SATELLITE VENTURES Jul EOC Stn Satellite Phone Svcs 72.96 72.96 LP 125940 08/14!2008 012208 MORALES, JACQUELINE refund:teen excursienlbeach 7/9 5.00 refund:teen excursionlRaging Wtrs 7/30 30.00 35.00 125941 08/14!2008 002925 NAPA AUTO PARTS City veh parts & supplies:pw maint div 34.43 34.43 125942 08114!2008 000727 NATIONAL FIRE PROTECTION Publications:firegrevention 1,434.77 1,434.77 ASSN 125943 08/14!2008 012206 NEW WINE MINISTRIES BLDG refund:room rental/Library 8/16 168.00 168.00 FUND Page6 apChkLst Final Check List Page: 7 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125944 08/14/2008 010504 NEXTEL COMMUNICATIONS 06126/08- 07125!08 cellular usage 1,443.45 1,443.45 125945 08/14/2008 002037 NEXUS INTEGRATION SERVICES Jun cable installation:Old Town 756.OD 756.00 125946 08/14/2008 002898 NION EGLI EQUIPMENT City veh repair & maint:pw maint div 2,471.99 COMPANY credit:equip parts:PW Maint Div -227.35 2,244.64 125947 08/14/2008 010273 NNON PEABODY LLP Jul'081egal services 538.00 538.00 125948 08/14/2008 010244 NO LIMITS SILK SCREEN 2nd place awards:sports prgm 976.26 1st place awards:sports prgm 2,957.14 3,933.40 125949 08114!2008 002139 NORTH COUNTY TIMES 812 310 8-812 2!09 subscr:Ping #124624 126.00 126.00 125950 08/14!2008 009570 O C B REPROGRAPHICS Jul dup blueprints: PW CIP Div 46,861.23 46,861.23 125951 08/14/2008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children'srnuseum 59.37 DIV Misc office supplies:children'srnuseum 80.47 Office chairs:tcc 171.02 310.86 125952 08/14/2008 001619 ORANGE COUNTY REGISTER INC Jul recruitment ads: Human Resources 724.00 724.00 125953 08/14/2008 OD1171 ORIENTAL TRADING COMPANY Misc rec supplies:children'srnuseum 35.65 INC Recreation supplies:mpsc 228.51 264.16 125954 08/14/2008 008871 ORIGINAL LIFEGUARD INC Lifeguard uniforms:aquatics pgrm 392.21 392.21 125955 08/14/2008 005456 OTT, WENDELL reimb:summer explorers excursion fees 94.00 94.00 125956 08114!2008 005656 PAPA S.B. PAPA sem:K.Harrington 9!10108 70.00 S.B. PAPA sem:D.Camberos 9110108 70.00 S.B. PAPA sem:D. Thurman 9110/08 70.00 210.00 125957 08/14/2008 001248 PAPER DIRECT INC Invitation paper:csd special events 58.53 58.53 125958 08/14/2008 0D0359 PARKER, HERMAN Reimb: CPRS Gonf 7/30-811 Scrmnto 34.00 34.OD 125959 08/14!2008 002099 PASCOE MANAGEMENT LLP Jul Old Town restroom lease 826.00 Aug Old Town restrocm lease 826.00 1,652.00 125960 08/14!2008 004538 PAULEY EQUIPMENT COMPANY equipment maint supplies: tcsd 27.19 27.19 Page:? apChkLst Final Check List Page: 8 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125961 08/14!2008 000249 PETTY CASH Petty Cash Reimbursement 652.88 652.88 125962 08/14/2008 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals: aquatics 271.82 271.82 INC 125963 08/14/2008 000253 POSTMASTER Express Mail & Postal Svcs 50.68 50.68 125964 08/14/2008 000254 PRESS ENTERPRISE COMPANY Jul recruitment ads: Human Resources 1,033.35 1,033.35 INC 125965 08/14/2008 011706 QUINN, AMY nutrition Iessons:FAM 7121108 100.00 100.00 125966 08/14!2008 000262 RANCHO CALIF WATER DISTRICT Jul TGSD Various Water Meters 52,962.71 Jul 01-04-47210-0 T.E.S. Pool 1,008.14 PW Various Water Meters 1,335.56 RDA Various Water Meters 37.26 Fire Stn 84 Various Water Meters 565.26 55,908.93 125967 08/14!2008 002654 RANCHO FORD LINCOLN vehicle purchase:tcsd maint div 28,367.34 28,367.34 MERCURY 125968 08/14!2008 012212 RAWBENHEIMER, KARIN refund:room rental/CRC 11115/08 112.00 refund:room rental/CRC 11/15/08 729.00 841.00 125969 08/14!2008 004584 REGENCY LIGHTING electrical supplies: theater 389.97 389.97 125970 08/14!2008 002110 RENTAL SERVICE equip rental: pw maint div 17.10 17.10 CORPORATION 125971 08114!2008 004498 REPUBLIC INTELLIGENT Jul street light maint:citywide 410.18 Traffic Signal Repair & Maint 6/26: PW 224.37 634.55 125972 08/14/2008 002412 RICHARDS WATSON & GERSHON June 2008 legal services 39,985.45 39,985.45 125973 08/14/2008 005756 RIVERSIDE CO TREASURER property tax apn xx035-4:W.Crk Devel. 55.93 55.93 125974 08/14/2008 000873 ROBERTS, RONALD H. reimb:July Internet srvcs 49.99 49.99 125975 08/14!2008 012125 RVFD FIRE EDUCATION LLC Educational materials:fire prev 639.90 639.90 125976 08/14!2008 012207 RYAN, JAMI M. release claims agreement pmt 2,028.95 2,028.95 Page:B apChkLst Final Check List Page: 9 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125977 08114!2008 000277 S & S ARTS & CRAFTS INC Recreation Supplies:FAM pgrm 102.67 Misc supplies:day camp 446.15 548.82 125978 08114!2008 012127 SAUTEREAU, LEE Ralph Love Plein Air Contest award RDA 500.00 500.00 125979 08/14/2008 010089 SEGURITAS SECURITY SRVCS Jul security srvcs:Harveston Lake 2,625.00 USA Jul security srvcs:Redhawk Dog Park 1,925.00 4,550.00 125980 08/14/2008 006554 SHAFFER, FRED Performance: hot summer nights 811108 400.00 400.00 125981 08/14!2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 08!07/OB 199.50 199.50 125982 08/14!2008 009746 SIGNS BY TOMORROW City vehicle signage: tcsd 54.36 54.36 125983 08/14!2008 000537 SO CALIF EDISON Aug 2-01-202-7330 various mtrs 69,642.97 Aug 2-01-202-7603 arterial st lights 25,455.09 Jul 2-05-791-8807 various mtrs 9,381.23 Aug 2-30-066-2889 Rancho Vista PED 16.95 Jul 2-10-331-2153 TCC 1,902.40 Jul 2-29-657-2563 Various TCSD Meters 143.15 Aug 2-02-351-5281 CRG 9,068.56 Aug 2-30-608-9384 Harveston Dr 104.29 115,714.64 125984 08/14!2008 005786 SPRINT 06126-07/25!08 cellular usage/equip 6,934.07 6,934.07 125985 08/14/2008 011626 SW CALIF ECONOMIC ALLIANCE City's cost-share agreement pmt 3,936.84 3,936.84 125986 08/14/2008 007698 SWANK MOTIONS PICTURES, "Shrek the Third"rental:movieslprk 818 371.00 371.00 INC. 125987 08/14/2008 011667 T & T JANITORIAL INC Jul janitorial srvcs:City facilities 7,301.76 7,301.76 125988 08/14/2008 012211 T.V.G.A. refund:sec.depositlCRC 8/3108 150.00 150.00 125989 08/14!2008 012203 TEMECULA EMBASSY SUITES refund:picnic shltrlrrsp 8/10!08 325.00 325.00 125990 08/14!2008 010848 TEMECULA PLANTSCAPE Jul plantscape srvcs:lihrary 400.00 400.00 125991 08/14!2008 010192 THOMAS, ROSALIE entertainment: hot smr nights 7125 650.00 650.00 Page9 apChkLst Final Check List 08!1412008 8:54:32AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 125992 08114!2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs:middle school dance 811/08 DJ srvcs:FAM Skate Night 7128108 125993 08114!2008 010276 TW TELECOM Aug high speed Internet City Hall 125994 08/14/2008 011544 U S GREEN BUILDING COUNCIL USGBC Leed publications:B&S dept 125995 08114/2008 008517 UNITED SITE SERVICES OF CA,INC 125996 08/14/2008 004261 VERIZON 125997 08/14!2008 004279 VERIZON CALIFORNIA INC. 125998 08/14!2008 012197 VIOLETTE, KENNETH 125999 08/14/2008 012209 WALZ CERTIFIED MAIL SOLUTIONS 7117-8113 fence rental:Main St Bridge Jul xxx-1540 Old Town Prk Lot Jul xxx-6620 general usage Jul xxx-8900 GIS Library Jul xxx-4200 general usage Jul xxx-5180 79S Irrg Cntr Jul xxx-7530 GIS Library Jul access-CRC phone line Jul access-C. Mus.phone line Reimb:GAP Gonf 7120-23 LkTahoe refund:picnic shltrlrrsp 8/1108 Amount Paid 450.00 375.00 183.38 737.50 26.40 87.92 32.87 802.60 870.88 36.89 393.18 356.48 658.82 62.79 150.00 Page: 10 Check Total 825.00 183.38 737.50 26.40 2,224.34 1,015.30 62.79 150.00 Grand total for UNION BANK OF CALIFORNIA: 552,809.12 Page:10 apChkLst Final Check List Page: 11 08l14J2QQ8 8:54:32AM CITY OF TEMECIJLA 150 checks in this report. Grand Tatal All Checks: 552,809.12 Page:11 ITEM R1C~. 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: August 26, 2008 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2008 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: The City Council: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008. 2. Approve a transfer of SB 621 (TASI N) revenues in the amount of $3,349 from Police Equipment General Fund to Capital Improvement Project Fund Closed Circuit TV Installation project. 3. Approve a transfer of $123,000 from Public Works department to City Attorney for legal services. 4. Approve an appropriation of $32,000 for operating transfer out in the Gas Tax Fund. 5. Approved an appropriation of $2,100 for operating transfer out in the AB 3229 COP Fund. 6. Approve an increase of $34,100 in the General Fund for operating transfer in. BACKGROUND: The attached financial statements reflect the unaudited activity of the City for the Fiscal Year Ended June 30, 2008. Please see the attached financial statements for an analytical review of financial activity. Due to savings on Police Equipment purchases with SB621 funds (TASIN), staff is transferring the $3,349 remaining to further fund the Capital Improvement Project Fund- Closed Circuit TV Installation Project. A transfer is necessary to the City Attorney Department to fund additional expenditures incurred for Santa Margarita Annexations legal matters, PHS negotiations and increased activity in Planning and Code Enforcement. Gas Tax receipts were higher than expected and a transfer is necessary to cover Street eligible expenditures in the General Fund. In addition, $2,100 in extra available funds in AB 3229 (COPs Fund) is available to cover Police Department Task Force Officer expenditures. FISCAL IMPACT: Fiscal year-ended 2007-08 Budgeted Fund Balance versus Actual increased by $4.1 million, from $40.4 million to $44.5 million increasing the undesignated fund balance to $4.0 million primarily as a result of expenditure savings Citywide. ATTACHMENTS: Combining Balance Sheet as of June 30, 2008 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2008 Combining Statement of Net Assets {Internal Service Funds) as of June 30, 2008, and Combining Statement of Revenues, Expenses and Changes in Net Assets (Internal Service Funds) for the Fiscal Year Ended June 30, 2008 Statement of Changes in Fiduciary Net Assets -California Employee Retiree Benefit Trust Fund-Fiduciary Fund for Fiscal Year Ended June 30, 2008 Statement of Changes in Fiduciary Net Assets -California Employee Retiree Benefit Trust Fund-Fiduciary Fund for the Fiscal Year Ended June 30.2008 CITY OF TEMECULA • Combining Balance Sheet as of June 30, 2008 • Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2008 • Combining Statement of Net Assets {Internal Service Funds} as of June 30, 2008, and Combining Statement of Revenues, Expenses and Changes in Net Assets for the Fiscal Year Ended June 30, 2008 • Statement of Changes in Fiduciary Net Assets - California Employee Retiree Benefit Trust Fund- Fiduciary Fund for Fiscal Year Ended June 30, Zoos • Statement of Changes in Fiduciary Net Assets - California Employee Retiree Benefit Trust Fund- Fiduciary Fund for the Fiscal Year Ended June 30, Zoos {Unaudited} Prepared by the Finance Department GITY QF TEMECULA Combining Balance Sheet As of June 30, 2008 Assets: Cash and Investments Receivables Due from Other Funds Advances to Other Funds Deposits Inventory Total Assets Liabilities and Fund Balances: Liabilities: Due to Other Funds Other Current Liabilities Deferred Revenue Total Liabilities Fund Balances: Reserved Designated Undesignated Total Fund Balances Total Liabilities and Funcl Balances General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund $48,137,966 6,685,883 $581,543 244,825 1,889,758 1,325 3,088 $3,610,664 37,148 $116,402 AB 2766 Fund $492,795 3,715 NOTE: These Balances are Unaudited $56,962,845 $581,543 $3,647,812 $116,402 $496,510 $581,543 $116,402 $10,363,355 $17,659 2,135,293 12,498,648 581,543 17,659 116,402 3,692,861 36, 734,385 3, 630,153 $496,510 4,036,951 44,464,197 3, 630,153 496, 510 $56,962,845 $581,543 $3,647,812 $116,402 $496,510 1 CITY OF TEMECULA Combining Balance Sheet As of June 30, 2008 Assets: Cash and Investments Receivables Due from Other Funds Advances to Other Funds Deposits Inventory Total Assets Liabilities and Fund Balances: Liabilities: Due to Other Funds Other Current Liabilities Deferred Revenue Total Liabilities Fund Balances: Reserved Designated Undesignated Total Fund Balances Total Liabilities and Fund Balances AB 3229 Measure A CIP Fund Fund Fund $7,622,717 $42,342,849 $929 276,928 2,049,958 116,402 $929 $7,899,645 $44,509,209 Debt Service Fund TOTAL $833,840 $103,040,831 9,752,506 361,227 1,889,758 1,325 3,088 $833,840 $115,048,735 NOTE: These Balances are Unaudited $929 $355,295 $1,054,169 2,686,062 13, 067,076 2,135,293 929 3,041,357 16,256,538 $833,840 4,526,701 $7,899,645 41,467,852 90,228,545 4,036,951 7,899,645 41,467,852 833,840 98,792,197 $929 $7,899,645 $44,509,209 $833,840 $115,048,735 2 City of Temecula Statement of Revenue Ex enditure and C ange in Fund Balance -Budget and Actual General Fund fort a Fi cal Year Ended .June Annual Percent Amended Total of Budget Activity Budget REVENUES: Sales Tax -State $21,719,940 $20,501,319 94% Sales Tax -Triple Flip 6,914,840 6,914,480 100% Developmental Services: Planning 558,831 770,471 138% Building & Safety 1,944,192 1,611,214 83% Land Development 787,815 1,102,915 140% Police 493,166 593,281 120% Fire 947,114 784,575 83% Grants 131,000 180,504 138% Motor Vehicle In Lieu -State 900,000 928,757 103% Motor Vehicle In Lieu -Triple Flip 6,714,601 6,714,601 100% Homeowner Property Tax Relief 78,000 80,134 103% Property Tax 6,335,000 6,574,580 104% Property Transfer Tax 500,000 512,513 103% Franchise Fees 3,127,000 3,295,750 105% Transient Occupancy Tax 2,500,000 2,417,726 97% Prop 1 B 750,000 750,000 100% Reimbursements - Financing 181,000 182,798 101% Reimbursements -Others 976,935 998,372 102% Reimbursements from RDA 110,000 110,000 100% Reimbursements from CIP 2,152,838 1,839,878 85% Investment Interest 2,394,526 2,538,126 106% Business Licenses 308,000 333,896 108% Vehicle Code Fines 800,000 881,313 110% Miscellaneous 19,000 36,366 191 Right-of--Way Advertising 80,000 71,550 89% Operating Transfers In 2,110,742 2,218,551 145% TOTAL REVENUES $63,534,540 $62,943,670 99% {1) {2) {3) {4) {5) {6) {7) {$) NOTES -Revenues: 1) The variance in Sales & Use Taxis primarily due to continued State-wide economic downturn. 2) The variance is primarily due to an increase in the number of submitted plan applications for new project development. 3) The variance is primarily due to a decrease in the number of building permits issued for ongoing development, especially new residential construction. 4) The variance is primarily due to an increase in the number of plan checks for ongoing project development and reconciliation and billings to customers for WQMP services performed by City staff. 5) The variance is primarily due to increased Police enforcement in parking citations and vehicle impound fees. 6) The variance is primarily due to a decrease in the number of plan checks and inspections for ongoing project development. 7) The variance is primarily due to reimbrusements received from FEMA for qualifying City costs inciured related to the October 2448 wildfires. 8) The variance is primarily due to less time being spent on Capital Projects than anticipated. 3 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual General Fund for the Fiscal Year Ended June 30, 2008 Annual YTD Amended YTD Activity Percent Budget Activity Encum rance Encum rance of Budget Expenditures: City Council $502,945 $446,239 $10,500 $456,739 91% Community Support 281,400 267,750 5,000 272,750 97% City Manager 1,284,378 1,210,048 844 1,210,892 94% Economic Development 893,164 789,436 100,690 890,126 100% City Clerk 1,039,518 978,075 3,822 981,897 94% City Attorney 710,000 832,929 832,929 117% (9} Finance 2,150,919 2,024,218 35,440 2,059,658 96% Human Resources 717,119 624,809 2,150 626,959 87% Planning 4,046,941 3,760,613 172,366 3,932,979 97% Building & Safety 2,658,938 2,516,684 2,516,684 95% Land Development 2,056,047 1,918,103 1,918,103 93% Public Works 7,679,737 6,656,090 609,051 7,265,141 95% CIP Administration 2,850,251 2,540,321 2,540,321 89% Disaster Relief 60,000 50,540 50,540 84% Police 20,342,785 18,695,646 84,632 18,780,278 92% Fire 4,979,042 4,253,869 127,928 4,381,797 88% Animal Control 170,000 169,037 169,037 99% Non-Departmental 9,783,086 9,778,006 9,778,006 100% Total Expenditures {Excluding Transfers} 62,206,270 57,512,413 1,152,423 58,664,836 94% Revenues Over/(Under) Expenditures 1,328,270 5,431,257 Other Financing Sources (uses): Transfers Out (4,899,393) (4,899,393) Revenues Over/{Under) Expenditures and Other Financing Sources(uses) {3,571,123} 531,864 Beginning Fund Balance, July 1, 2007 43,932,333 43,932,333 Ending Fund Balance, June 30, 2008 $40,361,210 $44,464,197 NOTES -Expenditures: 9) The variance is due to additional time spent on Santa Maigai•ita Annexation matters, Professional Hospital Supply developer agreement negotiations and more than expected support to Planning and Code Enforcement. 4 City of Tefnecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Gas Tax Fund for the Fiscal Year Ended June 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Section 2105-2107 $1,722,500 $1,745,004 101% Investment Interest 8,523 Total Revenues 1,722,500 1,753,527 102% Other Financing Sources (uses): Transfers Out (1,914,440) (1,945,467) 102% (1) Revenues Over/(iJnder) Other Financing Sources(uses) (191,940) (191,940) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2408 $191,940 $191,940 Notes: 1) The variance is due to additional Gas Tax revenues received, which were made available for Street eligible program expenditures incurred in the General Fund. 5 Crty of Tefnecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual State Transportation Fund for the Fiscal Year Ended June 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Traffic Congestion Relief Investment Interest Total Revenues Other Financing Sources (uses): Transfers Out ($6,821) (6,821} Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance, July 1, 2007 (6,821) (6,821) $6,821 $6,821 Ending Fund Balance, June 30, 2008 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Development Impact Fund for the Fiscal Year Ended June 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Open Space $198,331 $84,527 43% Investment interest 211,124 Quimby 117,244 135,640 116% Street improvements 2,847,592 902,542 32% Traffic signals 403,547 176,559 44% Parks 571,855 201,997 35% Corporate facilities 337,544 176,969 52% Fire protection 190,361 77,252 41 Library 260,349 136,721 53% Public Art 48,176 34,102 71% Police 159,191 55,214 35% Total Revenues 5,134,190 2,192,647 43% (1) Expenditures: Oher Expenditures 362,000 362,000 100% Total Expenditures 362,000 362,400 100% Other Financing Sources(uses): Transfers Out (13,107,959) (5,954,140) 45% (2) Revenues Over/(iJnder) Other Financings Sources (uses) (7,611,769) (4,123,493) 54% Beginning Fund Balance, July 1, 2007 7,753,646 7,753,646 Ending Fund Balance, June 30, 2008 $141,877 $3,630,153 Notes: 1) The variance in revenues is due to a continued decline in building activity for residential and timing of planned commercial developments. 2) The variance in expenditures is due to Capital Improvements Projects funded with DIF that have started but not yet completed during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Community Development Block Grant for the Fiscal Year Ended June 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Grant Revenue $2,120,808 $308,170 15% (1) Total Revenues 2,120,808 308,170 15% Expenditures: Other Outside Services 63,346 56,457 89% Total Expenditures 63,346 56,457 89% Revenues Over/(Under} Expendihues 2,057,462 251,713 Other Financing Sources(uses): Transfers Oui Revenues Over/(Under} and Other Financing Soiuces(uses): Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 ($2,057,462) {$251,713) (1) Notes: 1} The Temecula Community Center Expansion is in early stages and the Old Town Gymnasium has not yet begun. Revenues are based on reimbursements directly related to cun~ent eligible project expenditures 8 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual AB 2766 Fund for the Fiscal Year Ended June 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: AB 2766 $108,000 $86,404 80% (1) Investment Interest 15,418 Total Revenues 108,000 101,822 94% Expenditures: Other Outside Services Total Expenditures Revenues Over;~(tJnder) Expenditures Other Financing Sources (uses): TrarLSfers Out Revenues Over;~(tJnder) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 108,000 101,822 (175,974) (10,000) (2) (67,974) 91,822 404,688 404,688 $336,714 $496,510 Notes: 1) The fourtb quarterly payment from South Coast Air Quality is scheduled to be received by the end of August 2008. 2) The .Alternative Fueling Station and Temecula. Park and Ride Projects budgeted in this fluid have not yet started. 9 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual AB 3229 COPS for the Fiscal Year Ended June 30, 200$ Revenues: Investment Interest AB 3229 -COPS Total Revenues Expendituues: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources(uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2448 Annual Amended Total Percent Budget Activity of Budget $2,489 $188,320 188,324 140% 188,324 190,449 141% 188,324 194,449 ($188,324) ($190,449) 141% (1) Notes: 1) The variance is due additional revenues received, additional funds were available to hold Task Force Officer expenditures incurred in the General Fund. 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Measure "A" for the Fiscal Year Ended June 30, 2008 Revenues: Measure "A" Investment Interest Total Revenues Expenditures: Debt Service -Principal Debt Service -Interest Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(iJnder) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 Annual Amended Total Percent Budget Activity of Budget $3,925,000 $3,104,174 79% (1) 254,445 3,925,000 3,358,619 86% 517,447 517,447 100% 48,107 48,107 100% 565,554 565,554 100% 3,359,446 2,793,065 (5,923,661) (850,000) (2,564,215) 1,943,065 5,956,580 5,956,580 $3,392,365 $7,899,645 Notes: 1) June 08 revenues are expected to be received by the end of August 2008; Also, Measure "A" revenues, which are an allocation of Sales tax, are lower than expected due to Statewide economic downturn in retail sales. 11 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Capital Improvement Projects Fund for the Fiscal Year Ended June 30, 2008 Annual Percent Amended YTD Total of Budget Activity Encum r. Activity Budget REVENUE: Operating Transfers In $73,391,729 $11,102,061 $11,102,061 15% Grants 13,979,186 171,388 171,388 1% Reimbursements 2,601,467 2,112,216 2,112,216 81% Reimbursements-TUMF 6,507,498 2,157,241 2,157,241 33% Reimbursements-TASIN/SB621 2,228,119 1,826,119 1,826,119 82% BondProceeds 22,500,000 22,500,000 22,500,000 100% Investment interest 506,691 506,691 TOTAL REVENUES $121,207,999 $40,375,716 $40,375,716 33% {1} EXPENDITURES: MurYieta Creek Bridge/Overland Extension to Diaz 165-602 163,620 34,718 $79,356 114,074 70% Pauba Road Improvements II 165-606 9,956 9,944 9,944 100% Abbott Corporation Roadway Improvements 165-620 740,100 0 0% Medians- City Wide 165-622 190,000 189,570 189,570 100% Rancho Califronia Wide Old Town Front I-158 165-624 1,609,609 1,602,796 1,602,796 100% Highway 79 South Medians 165-625 17,332 11,171 11,171 64% W estern Bypass Corridor -Alignment Study 165-628 237,931 63,114 63,114 27% Diaz Road Realignment to Vincent Moraga Drive 165-632 1,632,965 1,594,262 8,333 1,602,595 98% Closed Caption TV Install SR79S Pechanga 165-635 183,679 99,360 35,280 134,640 73% O1dTownlnfrastructure-Mercedes/Main Sts. 165-636 2,622,462 441,419 1,714,128 2,155,547 82% PechangaParkwayDualRightTurnLanes79S 165-637 406,429 93,479 1,350 94,829 23% Winchester Rd / SR 79 N Corridor Beautification 165-638 3,341,849 239,733 20,081 259,814 8% Alternative Fueling Station 165-639 150,000 0 0% Emergency Communications Projects 165-640 60,000 0 0% I-15 Sign Replacement Temecula Pkwy/Hwy 798 165-641 135,026 134,730 134,730 100% Old Town Infrastructure Projects -Civic Plaza 165-643 2,416,137 426,297 1,772,962 2,199,259 91% O1dTownlnfrastructure-ParkingStructure/O/R 165-644 18,488,888 743,701 404,227 1,147,928 6% Old Town Infrastructure -Relocate/Grading/Demo. 165-645 928,034 90,953 18,047 109,000 12% Old Town Infrastructure -Underground Utilities 165-646 2,083,478 70 147,518 147,588 7% Pavement Rehabilitation Program- Citywide 165-655 2,000,000 34,093 48,750 82,843 4% Pavement Rehabilitation - De Portola Road 165-656 2,056,067 95,669 63,078 158,747 8% Pavement Rehabilitation-STPL Project 165-657 3,084,179 245,318 18,422 263,740 9% Western Bypass Bridge OverMurrietaCreek 165-660 345,950 8,458 299,371 307,829 89% I-15 / 79Slnterchange-Ultimate 165-662 797,554 49,439 37,785 87,224 11% Temecula Park & Ride/Transit Center 165-664 207,000 0 0% Santiago Detention Basin 165-666 167,231 133,516 32,887 166,403 100% PechangaParkwayImprovements 165-668 13,676,249 743,201 9,140,994 9,884,195 72% Signals- Butterfield Stage @ Welton 165-669 129,000 10,843 1,158 12,001 9% NOTES: 1} The variance is primarily due to several major Capital Improvement Projects funded where expenditures eligible for reimbursement have not been reimbursement have not been expended yet. 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Capital Improvement Projects Fund for the Fiscal Year Ended June 30, 2008 Expenditures: Flashing Beacons Temecula City Enhy Monumentation Signals- Meadows at McCabe Signals-Rancho Ca1@ Business Park West Bridge Fencing Architect Enhancements Highway 79 South Shipping I-15 Pechanga Temecula Creek Crossing Highway 79 South Diaz Road Extension at Cherry Street Traffic Signal Equipment Installation French Valley Parkway S.B. off Jefferson Butterfield Stage Rd. Extension French Valley Parkway I-15 Overcrossing Fu•e Station Wolf Creek Musrieta Creek Improvements Pedeshian Bicycle BridgeSantaGertsudis/CHS Santa Gertrudis Creek Pedeshian Trail Fu•e Station Roripaugh Ranch Maintenance Facility Expansion/FOC Main Street Bridge / Murrieta Creek Long Canyon Detention Basin Temecula Park & Ride Old Town Civic Center-Phase II Roller Hockey Rink Musrieta Creek Multi-Purpose Trail Redhawk Park Improvements Vail Ranch Park Site D Patricia H. Birdsall Sports Park Play Shucture Retrofit at Various Parks Multi-Trails System Citywide Old Town Gymnasium Ronald Reagan Sports Channel Silt Dog Parks Areas Various City Parks Roripaugh Rancho Open Space Trails Temecula Community Center Expansion TES- Swimming Pool Renovation Temecula Children's Museum Refiubish Library Old Town Land Acquisition TOTAL EXPENDITURES Revenues Ovel•/(iJnder) Expenditures Beginning Fund Balance, July 1, 2047 Ending Fund Balance, Match 31, 2048 Annual Percent Amended YTD Total of Budget Activity Encum r. Activity Budget 165 -674 24,004 0 0% 165 -671 18,004 0 0% 165 -672 223,700 10,483 1,518 12,001 5% 165 -673 322,300 315,876 5,930 321,806 140% 165 -674 245,500 186,962 186,962 91% 165 -676 161,250 5,672 383 6,055 4% 165 -677 154,000 17,576 85,458 143,034 69% 165 -684 344,000 434 434 0% 165 -712 344,986 0 0% 165 -719 715,614 581,737 129,788 711,525 99% 165 -723 24,825,440 1,446,025 1,446,425 7% 165 -726 8,522,209 696,052 1,210,123 1,946,175 22% 165 -733 591,954 134,126 58,475 192,601 33% 165 -735 154,000 0 0% 165 -738 516,445 78,513 148,027 186,540 36% 165 -739 474,000 2,469 2,469 1% 165 -741 641,185 19,486 325,846 344,932 54% 165 -742 2,348,627 2,332,369 1,128 2,333,497 99% 165 -743 1,244,204 285,143 255,589 544,692 43% 165 -746 232,820 8,392 292 8,684 4% 165 -747 166,845 124,164 37,465 161,229 97% 165 -751 5,012,462 3,116,348 1,830,896 4,947,244 99% 190 -137 274,000 27,269 196,185 223,454 83% 190 -142 2,564,203 626,374 1,411,466 1,637,836 64% 190 -144 299,087 66,386 120,761 187,147 63% 190 -164 33,004 0 0% 190 -173 467,408 467,347 467,307 140% 190 -179 62,805 62,845 62,805 140% 190 -185 8,036 672 672 8% 190 -186 497,095 27,163 333,875 361,038 73% 190 -187 457,050 243,252 3,911 247,163 45% 190 -194 146,863 57,019 57,019 53% 190 -195 59,126 12,622 12,622 21% 190 -197 2,141,715 355,644 76,555 432,159 21% 190 -198 3,189 2,478 2,478 78% 190 -675 144,000 17,892 17,892 18% 199 -129 796,676 248,367 56,122 344,489 38% 199 -131 9,534 9,480 9,084 95% 108,895,610 18,628,905 19,705,742 38,334,647 35% (3) 12,312,389 21,746,811 19,721,441 19,721,041 $32,033,430 $41,467,852 NOTES: 3) The variances in the Capital Improvement Fund revenues and expendihues are due to the timing of when the various projects are actually started and costs at•e incurred. 13 Clty of Temecula Certificates of Participation Debt Service Fund- 2008 Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 Annual Amended YTD Percent Budget Activity of Budget Revenues: Investment interest Transfer In Total Revenues Expenditures: Debt service -Financing Total Expenditures Revenues Over/(iJnder) Expenditures Begimung Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 $1,840 $2,035,000 $1,731,481 85% 2,035,000 1,733,321 85% 899,482 899,481 100% 899,482 899,481 100% 1,135,518 833,840 $1,135,518 $833,840 73% 14 Clty of Tefnecula Internal Service Funds Combining Statement of Net Assets As of June 30, 2008 Information Su ort In urance Ve icle Sy tem Service Facilitie Fund Fund Fund Fund Fund Total ASSETS: Cashandinvestments $1,507,401 $701,638 $943,025 $373,369 $192,097 $3,717,530 Receivables 12,145 5,572 12,365 2,786 1,576 34,444 Prepaid assets 242,417 242,417 Property, plant and equipment (net of 1,292,171 469,502 104,610 1,866,283 accumulated depreciation) TOTAL ASSETS $1,761,963 $1,999,381 $1,424,892 $480,765 $193,673 $5,860,674 LIABILITIES AND NET ASSET'S: LIABILITIES: CLUrent Liabilities $491,532 $204,925 $36,373 $55,705 $788,535 Capital Leases Payable 154,385 154,385 TOTAL LIABILITIES 491,532 204,925 190,758 55,705 942,920 NET ASSETS: TOTAL NET ASSETS $1,270,431 $1,999,381 $1,219,967 $290,007 $137,968 $4,917,754 NOTE: These balances are unaudited. 15 City of Tefnecula Combining Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds for the Fiscal Year Ended June 30, 2008 REVENUES: Investment Interest Charges for Services TOTAL REVENUES EXPENSES: Salaries & Wages Operating Expenses Interest Depreciation TOTAL EXPENSES Revenues Over/(Under) Expenses Net Assets, July 1, 2007 Net Assets, June 30, 2008 Information Su ort In urance Ve icle Sy tem Service Facilitie Fund Fund Fund Fund Funcl Total $56,180 $28,634 $22,967 $11,110 $3,870 $122,761 652,883 323,636 2,328,132 356,961 623,449 4,285,061 709,063 352,270 2,351,099 368,071 627,319 4,407,822 59,076 1,355,894 158,868 327,154 1,900,992 652,355 833,454 113,129 305,894 1,904,832 12,826 12,826 314,021 198,417 61,896 574,334 711,431 314,021 2,387,765 346,719 633,048 4,392,984 (2,368) 38,249 (36,666) 21,352 (5,729) 14,838 1,272,799 1,961,132 1,256,633 268,655 143,697 4,902,916 $1,270,431 $1,999,381 $1,219,967 $290,007 $137,968 $4,917,754 16 Cify of Temecula CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Statement of Net Assets Fiduciary Fund As of June 30, 2008 CERBT Fund ASSETS: Cash and Investments $3,489,978 TOTAL ASSETS $3,489,978 LIABILITIES: Accounts Payable TOTAL LIABILITIES NET ASSETS: Held in Trust for Retiree Benefits TOTAL NET ASSETS $3,489,978 NOTE: These balances are unaudited. 17 City of Temecula Statement of Changes in Fiduciary Net Assets CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Fiduciary Fund for the Fiscal Year Ended June 30, 2008 CERBT Fund ADDITIONS Contributions Employer 3, 571,944 Total Contributions 3,571,944 DEDUCTIONS Benefits 81,966 Total Deductions 81,966 Total Additions 3,489,978 Net Assets, July 1, 2007 Net Assets, June 30, 2008 $3,489,978 18 ITEM R1C~. 4 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 26, 2008 SUBJECT: Authorization to execute the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2008-2009 PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: Authorize the Mayor to execute the Supplemental Agreementforthe use of Community Development Block Grant Funds for Fiscal Year 2008-2009. BACKGROUND: On January 8, 2008, the City Council recommended funding forfiscal year 2008-09 Community Development Block Grant (CDBG) projects. This recommendation was forwarded to the Riverside County Economic Development Agency (EDA) for review and processing with the U.S. Department of Housing and Urban Development (HUD). HUD provides CDBG funding for local projects which meet at least one of the following nationally established goals: 1. The activity benefits fifty-one percent of low to moderate income individuals; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent community development need. The EDA processed the City's recommendation and, on July 18, 2008, submitted the attached Supplemental Agreement to the City for signature. The projects and levels of funding approved by the EDA are as follows: ORGANIZATION PROJECT AWARD AMOUNT Senior Citizen Service Center of Temecula Rancho Area Emergency Food Purchase and Storage (Temecula Emergency Assistance Program) $ 9,000 VNW (Vineyard of the New Wine) Circle of Care Food Program 9,000 Southwest Family YMCA YMCA Day and Swim Camp /Swim Lessons 7,464 Old Town Temecula Gymnasium 354,052 Safe Alternatives For Everyone, Inc. Family Support Program 13,272 Boys & Girls Club of Southwest County The Learning Connection 7,200 Assistance League of Temecula Valley Operation School Bell 7,200 TOTAL CDBG FUNDING $407,188 The EDA reduced the non-profit Public Service funding amount by $11,111, and decreased the City's public services project funding amount by $10,108. The total CDBG funding for fiscal year 2008-09 is $407,188. The execution of the fiscal year 2008-09 Supplemental Agreementfacilitates CDBG funding for these projects. FISCAL IMPACT: CDBG funds are budgeted in a special revenue fund forthe approved programs and projects for fiscal year 2008-09. ATTACHMENTS: -Supplemental Agreement for the Use of Community Development Block Grant Funds for Fiscal Year 2008-09 -City of Temecula Agenda Report dated January 8, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File No.:3.TM.07-08, 3.TM.08-08, 3.TM.09-08 3.TM.10-08, 0.38-08, 0.39-08, 0.40-08 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF TEMECULA, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated July 12, 2005, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance I activities pursuant to the Housing and Community Development Act of 1974, Title 1, as I amended, Public Law 93-383 hereinafter referred to as "Act". Said Cooperation Agreement, dated July 12, 2005, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $407,188, CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, F, and G aze attached hereto and by this reference aze incorporated herein, for the projects: A. 3.TM.07-08 Senior Service Center-Emergency Food Purchase and Storage, $9,000. B. 3.TM.08-08 VNW -Circle of Care Food Program, $9,000. C. 3.TM.09-08 Southwest Family YMCA Day Cama/ Swim Lessons. $7,464. D. 3.TM.10-OS Gymnasium -Old Town Temecula. $354.052. E. 0.38-08 Safe Alternative-Family Supuort Prosram. $13.272. F. 0.39-08 Boys & Girls Clubs of Southwest County-The Learning Connection, $7,200. G. 0.40-08 Oaeration School Bell. $7.200. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2008 to June 30, 2009, and proceed consistent with Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the completion schedule set forth in Exhibits A, B, C, D, E, F, and G. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for the completion of the project. Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY, of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. a. COUNTY'S Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A, B, C, D, E, F, and G; and (2) It is the CTTY's responsibility to monitor all project activities of Exhibits A, B, C, D, E, F, and G to ensure compliance with applicable federal regulations and the terms of this Agreement. b. CITY shall comply with timely drawdown of CDBG funds by ~ expeditiously implementing and completing County-approved, CDBG-funded projects. CITY acknowledges that CITY'S drawdown performance directly impacts the COUNTY'S overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 15, ', 2009, exceeds two-times (200%) the CTTY's 2008-2009 CDBG allocation, the COUNTY may take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUTY may authorize CITY in writing, prior to January 15, 2009, to exceed the CDBG fund balance requirement. /// Page 2 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement or other County-approved reimbursement schedule. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation supporting expenditures. d. All authorized obligations incurred in the performance of the Agreement for projects eligible under the following regulations must be reported to COUNTY no later than by June 15, 2009: a. Public Services [24 CFR 570.201 (e)] b. Acquisition [24 CFR 570.201 (a)] c. Clearance Activities [24 CFR 570.201 (d)] d. Interim Assistance [24 CFR 570.201 (f)] e. Code Enforcement [24 CFR 570.202 (c)] All other eligible activities under this Agreement must be implemented, completed, and obligations reported by the CITY no later than the completion schedules set forth in the Exhibits to this Agreement. I, The COUNTY will directly manage and monitor projects identified in Exhibits E, F, and G. These projects have been determined to be of Countywide benefit, receiving grant funding ~i, from multiple sources; therefore, these projects will be managed and monitored by the COUNTY. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. /// /// /// Page 3 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~! 17 18 19 20 21 22 23 24 25 26 27 28 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQAI. Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by CITY under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits (A, B, C, D, E, F, and G). c. CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure that at least fifty-one percent (51 %) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele ', [570.208(a)(2)(i)] are of low and moderate-income and meet the program income guidelines Page 4 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '~ 25 26 27 28 attached as Exhibits (A, B, C, D, E, F, and G). The CITY and City's Sub-recipients must provide the required income certification and direct benefit documentation. 9. FEDERAL REQUIREMENTS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circulaz A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part 570.200 (j), attached as Exhibit "R," pertaining to inherently religious activities. 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants, and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall .they in any manner be construed to be agents, officers, or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express I written consent of COUNTY. b. COiTNTY. Notwithstanding the provisions of Paragraph 11 a, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or Page 5 of 10 1 2 3 4 5 6 7 8 9 10' 11 12' 13 i 14 'i 15 ~ 16 II 17 18 19 20 21 22 23 I, 24 25 26 27 28 (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes I unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of ~ this Agreement. d. Reversion of Assets 1. Upon expiration of this Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awazded pursuant to this Agreement. 2. Any real property under the CITY'S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SPONSOR in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the National Objectives in Sec. 570.208 until five yeazs after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or (ii) Not used in accordance with Section (i) above, in which event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. Page 6 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference incorporated herein. c. CTI'Y understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. Page7of10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '~ 26 27 28 15. USE OF PROPERTY. Whenever federal CDBG funds or program income aze used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or sub-recipient, for a period of five (5) yeazs from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY and its sub-recipients shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved I, (for each report period). In addition, identify by percentage and description, the progress achieved towazds meeting the specified goals and identify any problems encountered in meeting goals. c. If the CDBG-funded Activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following: Page 8 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 1) Total number of direct beneficiaries (clientele served) with ~ I household incomes at: • Above 80% MHI • Between 50% and 80%MHI (Low-Income) • Between 30% and 50% MHI (Very Low-Income) • Less than 30% MHI (Extremely Low-Income) 2) Total number and percent (%) of the clientele served that have I household incomes at or below 80% MHI 3) Racial ethnicity of clientele 4) Number of Female-Headed Households CITY and its sub-recipients shall report beneficiary statistics monthly to EDA on the pre- approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms aze to be provided to CITY by EDA should HUD implement changes during the term of this agreement. CITY and sub-recipients will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance Measurement System. 19. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Agreement is Community Development Block Grant (CFDA 14.218). 20. ENTIlZE AGREEMENT. It is expressly agreed that this Agreement together with ~, the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 21. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. 22. PRIOR AUTHORIZATION. CITY shall obtain COLTNTY's written approval Page 9 of 10 1 2 3 4 5 6 7 8 9 10 11 12 I' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from the Economic Development Agency prior to implementing the following "high risk" activities funded with CDBG assistance: a. Construction of public facilities (project plans and specifications); b. Acquisition of real property; c. Historic Preservation; d. Relocation; and e. Economic Development 23. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: COUNTY OF RIVERSIDE Bv: Deputy Director SH:JT:JM CITY OF TEMECULA By: Mayor Michael S. Naggar S:\CDBG\FORMS\2008\SuppAgree,SponAgree_Itr 8~ Templates\SuppAgree Template.June 17.doc ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney Page 10 of 10 References Citation 24 CFR 570.201 (e) 24 CFR 570.201 (a) 24 CFR 570.201 (d) 24 CFR 570.201 (f) 24 CFR 570.202 (c) 24 CFR 570 part 85 Circular No. A-87 24 CFR 91.105 24 CFR 570.500 Page Description pg. 3 Provision of Public Services pg. 3 Acquisition in whole or in part by the recipient, or other public or private nonprofit entity, by purchase, long-term lease, donation, or otherwise, of real property for any public purpose, subject to the limitations of Sec. 570.207. pg. 3 Clearance Activities. Clearance, demolition, and removal of buildings and improvements, including movement of structures to other sites. pg. 3 Interim Assistance. The repairing of streets, sidewalks, pazks, playgrounds, publicly owned utilities, and public buildings. The execution of special gazbage, trash, and debris removal, including neighborhood cleanup campaigns. pg. 3 Code enforcement. Costs incurred for inspection for code violations and enforcement of codes. pg. 4 Administrative requirements for grants and cooperative agreements to state, local, and federally recognized Indian Tribal Governments. pg. 4 Cost Principles for State, Local, and Indian Tribal Governments. pg. 4 Standards for local government citizen participation plans applicable to the CDBG program and other formula grant programs. pg. 4 Definitions 24 CFR 570.200 pg. 5 General policies 24 CFR 570.601 24 CFR 570.602 24 CFR 570.611 24 CFR 570.611 (d) 24 CFR 570.611(e) 24 CFR 570 24 CFR 570.208(a)(2)(i) pg. 6 Public Law 88-352, which is Title VI of the Civil Right s Act of 1964; outlawed segregation in schools, public places, and employment. Public Law 90-284, which is the Fair Housing Act. pg. 6 Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. pg. 6 Conflict of Interest. pg. 7 Exceptions. Upon the written request of the recipient, HUD may grant an exception. pg. 7 Factors that HUD may consider for requested exceptions to Conflict of Interest prohibitions. pg. 7 Community Development Block Grant Regulations. pg. 8 Criteria for national objectives. Activities benefiting low and moderate income persons, an activity that benefits a limited clientele, at least 51 percent of whom are low or moderate income persons. EXHIBIT A Page 1 of 6 File No.: 3.TM.07-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 26111 Ynez Road , # B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Ruby Harford SUBRECIPIENT NAME: ADDRESS: 41765 Elm Street Suite 201, Murrieta, CA 92562 PROGRAM CONTACT: Ruby Harford PHONE: 9516009557 FAX: E-MAIL: PROJECT NAME: Senior Service Center-Emerg_encv Food Purchase and Storage PROJECT LOCATION: 417f 5 F.lm Stre.Pt~ Suite 201, ~rri , CA 92562 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: City Funding $9,000 Project to be administered by County (EDA) on behalf of CITY: YES ^ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2008-2009 Community Development Block Grant for the Senior Service Center-Emergency Food Purchase and Storage in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities. eligible under the Community Development Block Grant program: Activity #1 The Senior Service Center provides basic needs to low-income individuals of the Temecula Murrieta area. Needs include emergency food, utility assistance, and other essential needs. CDBG funds will be used for consumable supplies. EXHIBIT A Page2of6 File No.: 3.TM.07-08 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment -Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total der Month Units/Year Unduplicated Persons Activity #1 600 600 Unit of Service is defined as: Seniors served. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ®Creating Suitable Living Environments ^ Providing Decent Affordable Housing ^ Creating Economic Opportunities Outcome (select one): ®Availability/Accessibility ^ Affordability ^ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of .trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting,. and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. EXHIBIT A Page 3 of 6 File No.: 3.TM.07-08 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $9.000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Direct Program Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials $ 9,000 Mileage Equipment (Program Only) Audit Transportation Other (Specify) Total Direct Program Costs $ 9,000 Indirect Costs (Specify)* Total Indirect Costs ~® TOTAL CDBG BUDGET $ 9,000 * All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. EXHIBIT A Page 4 of 6 File No.: 3.TM.07-08 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standazds The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulazs A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circulaz A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether chazged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that aze pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) yeazs. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- yeazperiod, whichever occurs later. EXHIBIT A Page 5 of 6 File No.: 3.TM.07-08 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT A Page6of6 File No.: 3.TM.07-08 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /Milestone Start Date Completion Date Attend Mandatory Cooperating July 2008 July 2008 City Training Execute Subrecipient Agreements July 1, 2008 September 30, 2008 (EDA must approve) Implement Program Activities July 1, 2008 TBD Execute Supplemental Agreement August 2008 September 2008 & Notice to Incur Cost City Submit Quarterly October 15, 2008 Performance Reports to County January 15, 2009 April 15, 2009 July 31,.2009 County Monitoring of City TBD TBD Performance City submit Monthly September 2008 July 2009 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal ® September 2008 Mav 15, 2009 Other Schedule ^ CDBG Program Services Complete June 30, 2009 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Sponsor must collect eligibility self-certifications from every participant in the CDBG-funded program. At a minimum, participants must certify that they are 62 years of age or older, and they must report their ethnicity. All of this documentation must be submitted to EDA on a monthly basis. S 1(.'1)Fi(:~•,FCTRM~`2(Nlg'•,Sip{~4~:~..SponA_rree_hr ~& 7'errpi~te.~~Supp.4~;roc:_P~._F.'.XE31LiTC_Tempina.doc EXHIBIT B Page 1 of 6 File No.: 3.TM.08-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 26111 Ynez Road , # B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Gus Papagolos SUBRECIPIENT NAME: Vineyard of the New Wine ADDRESS: P.O. Box 218, Temecula, CA 92593 PROGRAM CONTACT: Terri Keim, Director PHONE: 9519733582 FAX: (951) 676-4580 E-MAIL: PROJECT NAME: VNW -Circle of Care Food Program PROJECT LOCATION: 4outhwest Riverside County, T, ke .1 inore~ Temecula and Ag~anga LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: City Funding $9,000 Project to be administered by County (EDA) on behalf of CITY: YES ^ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2008-2009 Community Development Block Grant for the VNW -Circle of Care Food Program. in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 Vineyard of the New Wine Circle of Care provides food, referral services, and clothing to low-income families. CDBG funds will be used for essential operating expenses such as space costs, utilities, vehicle leasing, supplies, and food items. EXHIBIT B Page2of6 File No.: 3.TM.08-08 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment -Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total der Month Units/Year Unduplicated Persons Activity # 1 200 200 Unit of Service is defined as: Persons served. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ®Creating Suitable Living Environments ^ Providing Decent Affordable Housing ^ Creating Economic Opportunities Outcome (select one): ®Availability/Accessibility ^ Affordability ^ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard EXHIBIT B Page 3 of 6 File No.: 3.TM.08-08 performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $9.000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Direct Program Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other: Operating Expenses $ 9,000 ** Total Direct Program Costs $ 9,000 Indirect Costs (Specify)* Total Indirect Costs TOTAL CDBG BUDGET $ 9,0®~ ** Operating expenses are limited to: rent, vehicle leasing, utilities, supplies, and food items. * All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. EXHIBIT B Page4of6 File No.: 3.TM.08-08 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. EXHIBIT B Page 5 of 6 File No.: 3.TM.08-08 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT B Page 6 of 6 File No.: 3.TM.08-08 IV. PROJECT IMPLEMENTATION AND SCIiEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /Milestone Start Date Completion Date Attend Mandatory Cooperating City Training Execute Subrecipient Agreements (EDA must approve) Implement Program Activities Execute Supplemental Agreement & Notice to Incur Cost City Submit Quarterly Performance Reports to County County Monitoring of City Performance City submit Monthly Direct Benefit Reports City Submits Reimbursement Requests July 2008 July 2008 July 1, 2008 September 2008 July 1, 2008 TBD August 2008 September 2008 October 15, 2008 January 15, 2009 Apri115, 2009 July 31, 2009 TBD TBD September 2008 July 2009 Monthly Submittal ^ September 2008 Mav 15, 2009 Other Schedule ^ CDBG Program Services Complete June 30, 2009 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Sponsor must collect income self-certifications from every individual or family participating in CDBG-funded activities or the parent or legal guardian of every child participating in CDBG- funded activities. This includes family income, family size, and ethnicity. Sponsor is required to collect income verification documentation from at least 10% of the participants. All of this documentation must be submitted to EDA on a monthly basis. S'(:'I1E3<:i\ISC)RM~`~2(N?ES\5upi~r~ra.Sp~uA,rr~_hr St 'Templ~+trs`.SupyAgrec_P~_)?.kFIIBTT_Tr.~lntc.doc EXHIBIT C Page 1 of 6 File No.: 3.TM.09-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 26111 Ynez Road, Suite B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Gus Papagolos SUBRECIPIENT NAME: Southwest Family YMCA ADDRESS: 26111 Ynez Road, Suite B26, Temecula, CA 92591 PROGRAM CONTACT: Jim Morgan, Executive Director PHONE: 9516779622 FAX: E-MAIL: PROJECT NAME: Southwest Family YMCA Day Came/ Swim Lessons PROJECT LOCATION: *Ticolaa Valley Element?rv School '9600 N. General Kearne}~TemecLia. ('A 92591 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: City Funding $7,464 Project to be administered by County (EDA) on behalf of CITY: YES ^ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2008-2009 Community Development Block Grant for the Southwest Family YMCA Day Camp/ Swim Lessons in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The YMCA offers a Day Camp and Swim Lesson Program to Children during school breaks. CDBG funds will be used for scholarships for children of low- incomefamilies. EXHIBIT C Page 2 of 6 File No.: 3.TM.09-08 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(2)(i)(B) CFR Reference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment -Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total per Month Units/Year Unduplicated Persons Activity #1 20 Unit of Service is defined as: Youth receiving scholarships. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ®Creating Suitable Living Environments ^ Providing Decent Affordable Housing ^ Creating Economic Opportunities Outcome (select one): ^ Availability/Accessibility ® Affordability ^ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the EXHIBIT C Page 3 of 6 File No.: 3.TM.09-08 County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed 7 464. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form. and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Direct Program Expenses Salaries Fringe Office Space (Program Only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other: Scholarships $ 7,464 Total Direct Program Costs ®~ Indirect Costs (Specify)* Total Indirect Costs TOTAL CDBG BUDGET $ 7,464 * All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. EXHIBIT C Page4of6 File No.: 3.TM.09-08 III. .ADMINISTRATIVE REQUIREMENTS A. Accounting Standazds The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulazs A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether chazged on a direct or indirect basis C. Documentation and Record Keeping Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that aze pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) yeazs. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement aze reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-yeaz period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- yeazperiod, whichever occurs later. EXHIBIT C Page5of6 File No.: 3.TM.09-08 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs T'he City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT C Page 6 of 6 File No.: 3.TM.09-08 lV. PROJECT IMPLEMENTATION AND SCIiEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /Milestone Start Date Completion Date Attend Mandatory Cooperating July 2008 July 2008 City Training Execute Subrecipient Agreements July 1, 2008 September 2008 (EDA must approve) Implement Program Activities July 1, 2008 TBD Execute Supplemental Agreement August 2008 September 2008 & Notice to Incur Cost City Submit Quarterly October 15, 2008 Performance Reports to County January 15, 2009 Apri115, 2009 July 31, 2009 County Monitoring of City TBD TBD Performance City submit Monthly September 2008 July 2009 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal ^ September 2008 Mav 15, 2009 Other Schedule ^ CDBG Program Services Complete June 30, 2009 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Sponsor must collect income self-certifications from every the parent of legal guardian or every child participating in CDBG-funded activities. This includes family income, family size, and ethnicity. Sponsor is required to collect income verification documentation from at least 10% of the persons submitting the certifications. All of this documentation must be submitted to EDA on a monthly basis. S \(:'faBG'TORM~`.(NiH`.SuppAkroe,Spm~Gxcx_ltr Nc I'emplaccti•S~i~Agroe, P~ I:iXfIIBIT Tanylnte.doc EXHIBIT D Page 1 of 6 File No.: 3.TM.10-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -NON-PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: ,ity of Temecula ADDRESS: P.n_ Rix 9033 Temecula, CA 92589 PROGRAM CONTACTS: Cathy McCarthy, Development Services Administration PHONE: 9516946480 FAX: E-MAIL: PROJECT NAME: Gymnasium -Old Town Temecula PROJECT LOCATION: On First Street between Front and Pujol Streets LEVEL OF ENVIRONMENTAL CLEARANCE: Environmental Assessment CDBG ELIGIBILITY CODE: Public Facility 570.201 (c) PROJECT FUNDING SUMMARY: City Funding $354,052 Project to be administered by County (EDA) on behalf of City: YES ^ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2008-2009 Community- Development Block Grant for the Gymnasium -Old Town Temecula in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity#1 The project includes the design and construction of a 6,800 square foot recreational facility that will serve predominantly low-income individuals. CDBG funds will be used for design and construction of a full-sized basketball court, bleacher seating for 100, restrooms, and a small office. EXHIBIT D Page 2 of 6 File No.: 3.TM.10-08 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a)(1)(i) CFR Reference: Low Mod Area C. Levels of Accomplishment -Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1: Design/engineering of Gymnasium. Activity #2: Construction of Gymnasium. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ®Creating Suitable Living Environments ^ Providing Decent Affordable Housing ^ Creating Economic Opportunities Outcome (select one): ^ Availability/Accessibility ^ Affordability ® Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items aze subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandazd performance as determined by the EXHIBIT D Page 3 of 6 File No.: 3.TM.10-08 County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed 354 052 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount Design/Engineering Costs Project Administration Costs Construction Costs $ 354,052 Acquisition Costs Relocation Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Other TOTAL CDBG BUDGET $ 354,052 ~~ EXHIBIT D Page4of6 File No.: 3.TM.10-08 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have EXHIBIT D Page 5 of 6 File No.: 3.TM.10-08 started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- yearperiod, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT D Page 6 of 6 File No.: 3.TM.10-08 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /Milestone Start Date Completion Date Attend Mandatory Cooperating City Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks /Milestone Submit Quarterly Performance Reports to County July 2008 July 2008 County Monitoring of City Program/Performance Specific Project Activities City Submits Reimbursement Requests Monthly Submittal ^ Other Schedule Upon Notification from EDA August 2008 Start Date September 2008 TBD TBD Completion Date October 15, 2008 January 15, 2009 Apri115, 2009 July 31, 2009 October 31, 2009 January.31, 2010 Apri130, 2010 TBD March 15, 2010 CDBG-funded Project Complete V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS EXHIBIT E File No.: 0.38-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 26111 Ynez Road , # B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Gus Papagolos SUBRECIPIENT NAME: Safe Alternative For Everyone ADDRESS: 30520 Rancho Ca. Rd. Suite 107 PMB 117, Temecula, CA 92591 PROGRAM CONTACT: Melissa Donaldson, Executive Director PHONE: 9095873900 FAX: E-MAIL: PROJECT NAME: Safe Alternative-Family SuFport Program PROJECT LOCATION: 2gg 16 Puiol Streel,~ni~, CA 92590 __ LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: City Funding $13,272 Project to be administered by County (EDA) on behalf of CITY: YES ® NO ^ II. SCOPE OF SERVICE A. Activities This project provides a Countywide benefit and will be administered by EDA. Activity #1 The Safe Alternative For Everyone (SAFE) program offers services to abused children, battered spouses, and homeless persons. CDBG funds will be used for (direct services) staff salaries and benefits for counselor, case managers, tutors, and child care providers. 7'cmpiat~`cuPPAB~'~'~._t'S._FXtfIF3tT 1'emplru.doc EXHIBIT F File No.: 0.39-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula and Murrieta ADDRESS: 26111 Ynez Road, # B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Gus Papagolos SUBRECIPIENT NAME: Boys & Girls Club ADDRESS: 28790 Pujol Street, Temecula, CA 92590 PROGRAM CONTACT: Michelle Aarellano, CEO PHONE: 9516991526 FAX: (951) 699-4273 E-MAIL: PROJECT NAME: Boys & Girls Clubs of Southwest County-The Learning Connection PROJECT LOCATION: Locations throughout Temecula and Murrieta LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $21,422.00 3~d District $5,000 Temecula $7,200 Murrieta $9,222 Project to be administered by County (EDA) on behalf of CITY: YES ® NO ^ II. SCOPE OF SERVICE A. Activities This project provides aCounty-wide benefit and will be administered by EDA. Activity #1 The Boy's & Girls Club provides before and after school programs to underserved youth in Southwest Riverside County. CDBG funds will be used for program scholarships for eligible youth (grades 1-8). EXHIBIT G File No.: 0.40-08 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK -PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: Assistance League of Temecula Valley and City of Temecula ADDRESS: 26111 Ynez Road, # B26 Temecula, CA 92591 CITY PROGRAM CONTACTS: Gus Papagolos SUBRECIPIENT NAME: Assistance League of Temecula Valley ADDRESS: 28720 Via Montezuma, Temecula, CA 92590 PROGRAM CONTACT: Leticia Plummer, President PHONE: 9516946594 FAX: (951) 694-8298 E-MAIL: PROJECT NAME: Operation School Bell PROJECT LOCATION: X8720 Via Montezuma, TemecLlas''A 92 90 nd 180 ~rard 4treet, Hemet, CA 92544 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: 3'~ District $5,000 City Funding $7,200 Project to be administered by County (EDA) on behalf of CITY: YES ® NO ^ II. SCOPE OF SERVICE A. Activities This project provides a Countywide benefit and will be administered by EDA. Activity #1 The Operation School Bell Program provides clothes and school supplies to children from low-income families. CDBG funds will provide "Scholarships" to eligible children. EXHIBIT CI Prohibition Against Conflicts of Interest Page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. EXHIBIT CI Prohibition Against Conflicts of Interest Page 2 of 4 (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. EXHIBIT CI TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 Prohibition Against Conflicts of Interest Page 3 of 4 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4 4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. . r EXHIBIT CI Prohibition Against Conflicts of Interest Page 4 of 4 TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. r EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 1 of 2 In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for anon-religious use. (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly-established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve anon-leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived. EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of 2 The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for the public services. EXHIBIT "S" Page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR 135 that implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR 135. r ~ • EXHIBIT "S" Page 2 of 2 E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Approvals City Attorney Director of Finance ~~~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Flnance DATE: January 08, 2008 SUBJECT: Community Development Block Grant Application Proposals for FY 2008-09 PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2008/09. 2. Authorize the Mayor to execute the fiscal year2006/07 Amendment to Supplemental Agreement for the Use of Community Block Grant Funds for the Temecula Community Pantry in the amount of $150,000. 3. Authorize the City Manager to reprogram CDBG funds in accordance with the current budget resolution for general administration, and to reprogram CDBG funds from the Old Town Gymnasium project to the Temecula Community Center Expansion project in the amount of $758,311, and to the Temecula Community Pantry project (Escallier house and barn rehab} in the amount of $400,000. BACKGROUND: The CDBG program is a federal grant program administered by the Department of Housing and Urban Development (HUD) in which funding is allocated to the City annually through the Economic Development Agency of Riverside County (EDA). The application requests were reviewed for eligibility for CDBG funding by our program representative at the EDA and all of the applications are eligible for funding. In order for a project to be considered for funding, it must meet one of the following national goals: 1. The activity benefits 51 percent low/moderate income persons; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent community development need. A total of ten CDBG funding applications were submitted to the City for consideration and,all were determined to be eligible for CDBG funding. The City's allocation 'for fiscal year 2008/09 is anticipated to be $428,317. CDBG regulations impose a 15°~ cap from the total allocation for Public Services. The Finance Committee is recommending a total expenditure of $64,247 for Public Services, and for Publte Facilitiesllnfrastructura. Please refer to the followitg table: FY 2008/49 CDBG ALLOCATION 'FUNDING CATEGORY FUNDING ALLOCATION Public Services 15°b ca $ 64,247 Pro'ect Fundin available for Public Facilitiesllnfrastructure 364,070 Estimated CDBG Allocation for fiscal ear 2408!09 $428,317 Due to the possibility that the City's allocation maybe reduced, it is recommended that all projects be reduced. equally, according to the percentage in allocation reduction. All projects are subject=-to final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a supplemental agreement to the City identifying the projects approved for funding in Ju1y2008. Also, for general information, fiscal year 2008J09 CDBG funding cycle begins the second year of athree- year cooperation agreement with the EDA. At the term.. of this agreement, the City will review the benefits for application of entitlement status with HUD. The Finance Committee, composed of Council Members Mike Naggar and Maryann Edwards, met on October 23, 2007. On December 11, 2007, after thorough review, the. f=inance Committee proposed CDBG funding for eight public service organizations and one City capital project, as described in the attachment. in addition, a reprogramming of CDBG funds is necessaryto complete previously approved projects, Temecula Community Center Expansion project and the Temecula Community Pantryprajec#: The total cost#or the Temecula Community Center Expansion project is $2,148,000 as perthe fiscal year 2007/08 CIP'. This project will add 3,653 square feet of space adjacent to the existing center and wip accommodate additional human services that are provided by the non-profit organization, Safe Attemativesto Domestic Violence. It is necessaryto reprogram $758,311 of CDBG fundsfrom the OldTown Gymnasium project to the Temecula Community Center Expansion project in orderto meet the total project funding requirements. In addition to the CDBG funding, Quimbyfunding of $400,000 is,also allocated forthis project. The fiscal year 2006/07 Amendment to Supplemental Agreement for the Use of Community Block GranfFundsforthe Temecula Community Pantry, as approved by the City Council in January2007, will allocate $150,000 to the project. In orderto meet the total cost of $550,000 of the project, it is necessary to reprogram $,400,000 from the Old Town Gymnasium project to the Temecula- Community Pantry project. The project will include the relocating of the house and barn adjacent to the Temecula Community Center. The Escallier house is approximately 1200 square feet and the barn contains an additional 800 square feet. The rehabbing of the Escallier house and barn will provide both office space, service space and with the rehab of the barn, needed storage space will be developed; Upan completion of the project, the non-profit organization, Temecula. Community Pantry will.. occupy the facility and provide much needed emergency food aid +services to the Temecula. area. The relocation of the house and barn is planned far March 2008 following. the completion ofthe site preparation. The Old Town Gymnasium project is presentlycontractedfor design. However, the timing of the C?Id Town Gymnasium project has been adversely affected by Murrieta Greek Flood Control and Water Conservation [district eminent domain action. Essentially, the Flood Control District needed City land (a portion of the Gym location) to perform public improvements consisting of flood control channel improvements. The City has been in recent contact with the Flood Control :District to determine the amount of land that will be returned to the City and the time frame. Once this information is confirmed, the complete design of the Old Town Gymnasium will proceed. Following the reprogramming of CDBG funds to the Temecula Community Center E~pansian and the Temecula Community Pantry project, the available CDBG funding balance for the ~Id Town Gymnasium project will be $655,011. It is anticipated that CDBG funds in the amount of $380,000 per year for fiscal years 2009/10 and 2010111 will be applied to the Old Town Gymnasium project which will be combined with community contributions to fully fund this project. FISCAL'IMPACTt The CDBG funds allocated to outside agencies have no impact on the. City other than staff time needed to administer program requirements. ATTACHMENTS: -Finance Committee Funding Recommendations FY'2008/09 -FY 200$109 CDBG Applications Funding Summary Amendment to Supplemental Agreement for the Use of Gomrnunity Black Grant Funds (Prefect Name: Temecula Community--Pantry) FINANCE COMMITTEE FUNDING RECOMMENDATIONS - FY 20081Q9 DFlRI If` SFRVIC'Ffi FY FY 2007!08 2008!08 Funding Funding Award Request Finance Committee. Funding Recommendations Outreach Program Services - Alternatives to Domestic Violence (ADV) ~ 0 $75,230 $ 0 Operation School Bell - .Assistance Lea ue of Temecula Valle: 2,810 10,000... 8',000 The Learning Center- Bo s & Girls Club of Southwest Caun 9,370 30,000: 8',000 Court Appointed Special Advocates 4,680 t} ~ 0 Riverside Area. Rape Crisis Center {Rape Prevention Education 4602 5,000 5,000 Family Support Rrogram - Safe Alternatives For Eve one, Inc. _ 11,245 15,Q00 15,000 Temecula Emergency Assistance Program -Senior Citizen Service Center of Temecula Rancho Area g 370 10,000 10,000 V'NW -Circle of Care Program 9,370 11,500 10,Q00 YMCA Day a'nd Swim Camp.- Southwest-Farnil YMCA 7820 10,000 8,247 211 Cafil' Genter - Volunteer Center of'Riverside Goun p 5,000 0 Total Public Services ~- FY 2007108 FY 2008!09 Funding.. Funding n~ iQr rr cnr•rt ITIGCIIAIFRaGTR1 ICTII.RF sward Request Finance Committee. Funding Recommendations ~,~~.. ~ n,...~.........-.,......_ .. __ - . °- -- Temecula Gommunity Center Expansion - - -- $364,070 $364,070 $364,070 Total Public Facfiities!lnfrastructure City of Temecula FY 2008109 CQBG Applications Funding Summary PROJECT AGENCY FUNDING QUALIFYING pROJECT SUMMARY REQUEST CRITERIA Provide 24-hour crisis intervention, Outreach Program Alternatives to Domestic $75 230 Public Service/ advocacy services, shelter, Services . Violence {ADV) , Limited Clientele ' community education and the. ' s Support Program. Children Provide children identified by Assistance Public Service) NUSD who are in need of operation School Bell league of $10,000 Low-Moderate ' clothing, school supplies, and ' Temecula Valley Income toiletries:. Boys & Girls Club Public Service/ Scha[arship program for low- The Learning of Southwest $30,000 Law-Moderate income families to participate in Connection County Income . before and after school care. Riverside Area Rape Riverside Area Public Service! This program provides assistance. to victims of sexual assault in the Crisis Center .Rape Crisis $5,000 Low-Moderate Temecula area at Rancho Springs (Rape Prevention Center Income Medical Center Education} . Safe Alternatives Public Service ' Provide services far children., youth Family Support for Everyone, Inc. $15,000 Law-Moderate and families who have experienced Program {SAFE} Income or are at risk of abuse and violence. ' Provide emergency -food Senior Citizen distribution and limited uti ity Temecula. Emergency 'Service Center of 000 $10 Public Service) assistance to households based on Assistance Program Temecula ' Limited Clientele referrals from. Social Services and Rancho Area. local churches. Public Provide emergency food VNW Circle of Care VNW-Circle. of 500 $11 Servicelt_ow- ' distribution and resource center assistance (clothing and household Program Care„ Inc., ' Moderate ' items) based on referrals and a Income wualk-in basis. Public ' 'This program will provide YMCA Day and Swim .Southwest Family $10 000 ServicelLow- scholarships to day campforunder Camp. 'YMCA , Moderate privileged children at Temecula Income 'Elementary School. Volunteer: Center Public Service) County Wide 21'1 call center that 211 Call Center of Riverside $5,000 Low-Moderate provides information and social County Income services program. referrals. Subtotal Public ~1~Q Services Gty ofi Temecula FY .2008/09 CDBG Applications Funding Summalry PROJECT AGENCY FUNDING QUALIFYING --_ _ PROJECT SUMMARY REQUEST CRITERIA Expansion of 3,653 square feet to Temecula Community Temecula Gommuni#y $364,070 Public Faci{ity the Temecula CommunityGenterto Center Expansion Services District , accommodate additionai human services programs. Subtotal Facility) ~~~~ Infrastructure _ _ TOTAL FUNDING 535 8 04 $ . _ REQUESTED 2 '~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 File No. 3.TM151 I AMENDMENT TO SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMU1~iITY BLOCK GRANT FUNDS THIS AMENDMENT to the Supplemental Agreement made and entered ~' this day of 2007 by and between the COUNTY OF RIVERSIDE, State of California, hereinafter referred to as "COUNTY", and the CITY OF TEMECULA, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, .the parties hereto are the parties to a certain Cooperation Agreement dated July 12, 2005, where as the City elected to participate with COUNTY, under the terms of which certain Community Development Block Grant funds were allocated to said CITY and designated for a specific use. Said Cooperation Agreement dated July 12, 2005, is incorporated herein by reference and made a part of this Amendment as if each and every provision was set forth herein; and WHEREAS, the parties desire to amend said Supplemental Agreement dated December 14, 2006, as hereinafter set forth, to reflect addition of a new project: Temecula Community Pantry. $150.000. NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions hereinafter set forth, said Supplemental Agreement dated December 14, 2006, in accordance with Pazagraph 22, is hereby amended as follows: 1. Pazagraph 2 is hereby amended by adding Exhibit M: 3.TM151 Temecula Community Pantry, $150,000; 2. Paragraph 3 is hereby amended by extending the term of the agreement to December 31, 2008 and adding Exhibit M; 3. Paragraph 4 is hereby amended by adding Exhibit M; 4. Paragraphs 8 (a) and 8 (e) are hereby amended by adding Exhibit M Page l of 2 ii Except to the extent specifically modified or amended hereunder all of the terms, covenants and conditions of said Supplemental Agreement dated December 14, 2006, shall remain in full force and effect between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Sponsor's Agreement to be duly executed this day and year first above written. DATED: COUNTY OF RIVERSIDE By: Deputy Director CITY OF TEMECULA sy: Page 2 of 2 EXHIBIT M Page 1 of 6 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: ~ii~ of Te*rP~»> ADDRESS: 43200 Business Park Dr. emecu a, PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager PHONE: (951) 694-6430 FAX: E-MAIL: PROJECT NAME: Tnmr~rotla (~nmmnnit~~ Uantn~ ~ TM1 S 1 PROJECT LOCATION: ~QRt 6 Puiol Street, Temecula, CA LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) Public Facility PROJECT FUNDING SUMMARY: 1sT District $ 0 4`~' District $ 0 2nd District $0 5~' District $0 3`d District $o City Funding $150,000 Project to be administered by County (EDA) on behalf of City: YES ^ NO ~ II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Temecula Community Pantry in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of Temecula will use CDBG funds to pay for the renovation and upgrading of the Temecula Community Pantry located at 28816 Pujol Street. The facility comprises approximately 2,000 square feet of space (Escallier House and Barn). The Community Pantry provides food and clothing distribution, homeless EXHIBIT M Page 2 of 6 services, and limited intake and referral services. Once completed, the Pantry will serve 500 persons per year. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity carried out under this Agreement will meet the following National Objective: National Objective Criteria: Low Moderate Income Limited Clientele Certification CFR Reference: 570.20$(a)(2)(i)(A) C. Levels of Accomplishment -Goals and Performance Measures The City agrees to implement and complete the following activity: Activity #1 Renovation and upgrades to the Temecula Community Pantry CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ®Creating Suitable Living Environments ^ Providing Decent Affordable Housing ^ Creating Economic Opportunities Outcome (select one): ^ Availability/Accessibility ^ Affordability D Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard EXHIBIT M Page 3 of 6 performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $150,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount: Design/Engineering Costs Project Administration Costs Construction Costs 150 000 Acquisition Costs Relocation Costs Capital Equipment Costs Other TOTAL CDBG BUDGET $1~( L~ III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. EXHIBIT M Page 4 of 6 B. Cost Principles The City shall administer its program in conformance with OMB Circulazs A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that aze pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. .• EXHIBIT M Page 5 of 6 Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pazent/guazdian. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but aze not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circulaz A-133. ,• ... 1 , IV. PROJECT IMPLEMENTATION AND SCHEDULE EXHIBIT M Page 6 of 6 Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks /Milestone Start Date Completion Date Implement Project Activities Upon Notification from EDA Execute Amended 2006-07 Supplemental Agreement & Notice to Incur Cost Submit Quarterly Performance Reports to County County Monitoring of City Program/Performance City Submits Reimbursement Requests Monthly Submittal O Other Schedule O November 2007 December 15, 2007 December 2007 July 31, 2008 Ongoing TBD CDBG-funded Project Complete V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS June 2008 City will submit necessary documentation for EDA for the review and approval of construction/bidding documents. City must collect income self-certifications from every family participating in activities at the Temecula Community Pantry for a period of five (5) years from the program year that the project is completed. The self-certifications include family income, family size, and ethnicity. The City is required to collect income verification documentation from at least 10% of the participants. All of this documentation must be submitted to EDA on a monthly basis. ITEM R1C~. 5 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 26, 2008 SUBJECT: Contract for User Fee Study, Cost Allocation Plan, and Development Impact Fee (DIF) Study PREPARED BY: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council approve the contract with Matrix Consulting Group to conduct a user fee study, cost allocation plan, and a development impact fee (DIF) study in an amount of $102,500. BACKGROUND: The City currently collects fees for services rendered in Planning, Building and Safety, Engineering and Recreation Departments. The City's current userfee structure was implemented in 2003 with annual adjustments based upon escalation factors. It is recommended that every three to five years, a comprehensive review of the model utilized to develop the user fee study, cost allocation plan, and development impact fee (DIF) study should be reviewed, modified, and updated, as appropriate. These comprehensive studies should be conducted to ensure that the City is not overcharging for services in compliance with Proposition 218, as well as Government Code 66016, or undercharging for services rendered and provide a cost allocation plan for determining overhead rates. This is a requirement for federal and state funding. The City sent out a Request for Proposal to several consulting firms that market services for preparing a user fee study, a cost allocation plan, and a development impact fee study. As a result, the City received responses from six (6) firms, from which four (4) firms were invited in for a presentation and interviews on August 13, 2008, with staff members from Finance, Planning, Building and Safety, Engineering, Temecula Community Services District, and Information Systems Departments. Based upon those interviews, itwas a unanimous decision to select Matrix Consulting Group based upon their presentation, scope, realistic time estimates, focus on engagement approach, and overall fit with each department. Each member of the engagement team are seasoned professionals with many years of experience and are backed up by firm resources that will allow them to be able to provide a comprehensive and fresh approach to reviewing our fees and structure within the City's time constraints. As noted, staff is recommending entering into a contractwith Matrix Consulting Group to complete a detailed userfee study, cost allocation plan, and a development impact fee studyto ensure that the City will have a defensible, accurate report on which to base policy decisions relating to fees and charges. While Matrix will be primarily preparing the user fee study and cost allocation plan, they will be subcontracting to TischlerBise, a firm that has prepared over 700 impact fees. Matrix Consulting Group has performed for the City relating to user fees when the City amended some fees last year and staff was pleased with their performance and work product. They are considered an industry leader in bath these areas and staff is satisfied with their previous work performance. In addition, Matrix has done extensive work for cities with regard to the review of management and business processes which enables them to provide staff with additional feedback on best known practices. Bath Matrix Consulting Group and TischlerBise provided a detailed scope of work outlining the user fee study, cost allocation plan, and development impact fee process. It is anticipated that the results of this study will allow the Cityto accurately recapture operating costs that appropriately should be charged for the services provided. With respect to the development impact fee analysis, the study will analyze the appropriateness of the development impact fee categories and structure. FISCAL IMPACT: Cast to complete the user fee study, cost allocation plan and development impact fee study is $102,500. In anticipation of this study, funds have been budgeted and approved in the City's existing operating budget and adequate funds are available in the Finance Department consulting budget to fund this contract. ATTACHMENTS: Agreement for Consultant Services between the City of Temecula and the Matrix Consulting Group for Citywide Cost Allocation, User Fee, and Impact Fee Study AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND THE MATRIX CONSULTING GROUP FOR CITYWIDE COST ALLOCATION, USER FEE AND IMPACT FEE STUDY THIS AGREEMENT is made and effective as of August 26, 2008, between the City of Temecula {"City"}, a municipal corporation, and Matrix Consulting Group ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 26, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently, and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Tasks To Be Performed attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Two Thousand Five Hundred Dollars and No Cents {$102,500.00), annual, far the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month for services provided in the previous month. Payment shall be made within thirty (30} days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, C05t5, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed, pursuant to this Agreement, shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 {any auto}. If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: {1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecttlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 3 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) Far any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute Wlth It. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 4 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have contra) over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur ar have the power to incur any debt, obligation ar liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, ar other compensation to Consultant far performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents ar subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant andtor be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 5 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager or City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Nicole Kissam Matrix Consulting Group 721 Colorado Avenue, Suite 101 Palo Alto, CA 94303 650-858-0507 ext.104 (Telephone) 650-858-0509 {Facsimile) 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 6 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Cantractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he ar she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 FORM: Peter Thorson, City Attorney 7 CONSULTANT: Nicole Kissam Matrix Consulting Group 721 Colorado Avenue, Suite 101 Palo Alto, CA 94303 650-858-0507 ext.104 {Telephone) 650-858-0509 (Facsimile) By: Name: Title: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A SEE ATTACHED PR{~PtJSAL BY MAXTRIX CONSULTING GRUUP Proposal to conduct a Comprehensive Cast Allocation Plan, User Fee, and Development Impact Fee Study CITY ~OF TEMECULA, CALIFORNIA matrix consulting group P ` ~ ,~ E' 1 TABLE OF CONTENTS COVER LETTER July 30, 2008 Page Number i 1. OUR UNDERSTANDING OF THE PROPOSED PROJECT 1 2. COST ALLOCATION PLAN 3 3. USER FEE STUDY 9 4. .DEVELOPMENT IMPACT FEE STUDY 20 5. CITY STAFF'S ROLE IN THIS PROJECT 29 6. MATRIX CONSULTING GROUP'S QUALIFICATIONS 30 7. TISCHLER-BISE'S QUALIFICATIONS 35 8. PROJECT SCHEDULE 41 COVER LETTER matrixes consulting group Mr. Jason Simpson Assistant Finance Director City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Simpson: July 30, 2008 The Matrix Consulting Group is pleased to have the opportunity to submit a Proposal to conduct Comprehensive Cost Allocation Plan, User Fee Study, and Development Impact Fee Study for the City of Temecula. Our firm provides analytical services to local government with a staff of experienced analysts. We have extensive local government financial and management consulting experience individually and working together as a project team for almost 30 years. Our proposed team has conducted or participated in hundreds of Cost Allocation Plan, User Fee, and Development Impact Fee analyses with positive and implemented results. Moreover, we recently completed an minor update to the City's previous User Fee study. Our proposed project team has extensive experience in local government consulting: - Gary Goelitz is a Senior Vice President with over 32 years of consulting experience across all major functions of local government. - Mark Carpenter with over 20 years of public sector and financial and managerial consulting experience, - + Kissal~t is a Vice President specializing in analysis of development services, with over 8 years of government and consulting experience. She has conducted or participated in more than 50 User Fee and Cost Analysis Studies. Our firm also has extensive management studies experience with development services departments -for example, recently in Oceanside, Santa Monica and Beverly Hills. As a result, no other firm knows the work processes behind fees for service better than we do. For the Development Impact Fee Study portion of this project, the Matrix Consulting Group will team and subcontract to TischlerBise, a firm that has prepared over 700 impact fees -more than any other firm in the country. If you have any questions, please contact me at our Palo Alto office or at rbradyCa)_matrixcg.net. As the President of the firm t have the authority to represent the firm and negotiate on its behalf. We hope to have the opportunity to work with you hi ct. Mafrix Consulting raup Richard Brady President and Chief Financial Officer 721 Colorado Avenue, Suite 101 ^ Palo Alto, CA 94303 ^ 650.858.0507 ^ 650.858.0509 fax California, Florida, Illinois, Massachusetts, Maryland, Texas, Virginia, Washington LOUR UNDERSTANDING OF THE PROPOSED PROJECT ' CITY OF TEMECULA, CAL-FORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Deve/opment Impact Fee Study 1. OUR UNDERSTANDING OF THE PROPOSED PROJECT The City of Temecula is issuing this Request for Proposals to qualified consulting firms for an analysis of the true costs of providing City services. Included in this analysis is the preparation of a Comprehensive Cost Allocation Plan, User Fee Study, and Development Impact Fee Study. • The Cost Atlocatiort mart identifies a reasonable and defensible basis for establishing the t cif :administrative supporr~ prc~r# tc~ City prt~g~:aru~:; services. • The User Fee Study determines the total cost of providing services to the public for which a fee is charged, commonly known as °user" fees. • The Development Impact Fee Study establishes funding for construction of capital improvements needed to mitigate the impacts of additional development and thereby prevent deterioration in public services if impact fee revenues were not available to fund such improvements. By conducting this study, the City of Temecula follows a Best Management Practice of cost recovery review and analysis. The results of this study will allow the City to accomplish the following objectives: • Maximize recovery of indirect costs from state and federal grants, special revenue funds, enterprise funds, and fees and rates charged to the public. • Implement defensible and appropriate fees and rates for service in accordance with California State laws. • Set a foundation for a routine and simplifred update of cost allocation and fees for service in future years. • Protect the public health, safety and general welfare by providing for adequate public facilities. Based on our recent experience working with the City of Temecula, preliminary research, and review of the City's request for proposals, we understand the following about the unique nature of this study: • The City's last comprehensive cost analysis and fee study was adopted in 2004. The Matrix Consulting Group recently performed a minor update of this Study in 2007 for selected departments. Matrix Consulting Group Page T CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study The City has adopted acost-based building and fire prevention fee setting methodology. Members of the Matrix Consulting Group's project team are specialists in the development and analysis of cost based fee structures for development review functions, especially with regards to building and safety and fire prevention departments. Members of our project team have participated in and managed more than ' 50 cost based studies for building and safety departments in California and Nevada. The next section of the proposal describes how we would provide these services to the City of Temecula. Matrix Consulting Group Page 2 2. COST ALLOCATION PLAN CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study 2. COST ALLOCATION PLAN For the Cost Allocation Plan portion of the project, the Matrix Consulting Group proposes to complete the following services for the City of Temecula: Prepare a Full Cost Allocation Plan based on budgeted costs for inclusion of indirect cost revenue in the City's fees and rates. An option to prepare an OMB Circular A-87 Cost Allocation Plan based on actual expenditures from the previous fiscal year. This service will be provided as an optional scope of work. The following sections provide a description of the methodology and work plan we would use for completing the Cost Allocation Plan's scope of work. 1. METHODOLOGY FOR CONDUCTING A COST ALLOCATION PLAN STUDY Our applied methodology has been developed and used by members of the Matrix Consulting Group's Financial Services team to complete hundreds of cost allocation plans. The methodology complies OMB Circular A-87's indirect cost plan requirements, as well as generally accepted accounting principles. The computerized system we currently use, ~ was introduced in 1999 as the first Windows based cost allocation software available in the country. As the fourth in a long and very successful series of cost allocation software programs, Cap95 embodies all of the best features from earlier versions. Because Cap95 and its earlier versions have prepared so many cost plans for so many cities and counties, Cap95 may be called the industry standard software for preparing cost plans. This means that the concepts of expenses, allocations and the various detail and summary reports are the same ones used in the preparation of numerous cost plans across the country. 2. PROPOSED WORK PLAN FOR THE FULL COST ALLOCATION PLAN Organizations often desire to examine the cost of services to third parties, utility funds, internal services, special revenue or enterprise funds, and obtain management information for budgeting. In identifying the total indirect costs associated with direct services, a plan is prepared that identifies and allocates not only administrative overhead costs acceptable for federal program purposes, but also those that, while valid, are excluded for federal purposes. This total allocation is called a full cost allocation plan. Significant costs associated with legislative and executive functions can be distributed under a full costing system that are not allowable under an OMB A-87 approach. Further, under full costing, greater flexibility exists in the application of Matrix Consulting Group Page 3 • CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study accounting principles. The following is a task plan for completion of a Full Cost Allocation Plan. Each task includes a summary of deliverables that can be expected for each task. Task 1 Initiate the Cost Allocation Plan Project The project team will conduct a project '~~f" . _p~ ~:: , depar#me~ts, including the goals of the engagement, the steps to complete the goals, the time frame the departments can expect, the requests we will place on the departments and the benefits of the engagement. The purpose of this meeting is to attain the cooperation and support of the departments by explaining the project, its scope, the schedule, our team, and their opportunities to participate. We will develop ahand-out for this meeting, and answer any questions City staff may have pertaining to the development of a cost allocation plan. Deliverable: List of basic data requirements for the study, project schedule and employee briefing package. Task 2 Determine Available Financial Information. This task involves identifying the sources of financial information to be used. At a minimum, the annual financial report for the previous fiscal year, the current operating budget and aCity-wide organization chart are required. Additional financial reports issued by the City may be used if available. Deliverable: Collection of basic financial information needed for the plan, and entry of the Cify's financial and organizational structure into the cost allocation model. Task 3 Classify all City Departments, Commissions and Boards. This is required to determine which costs can be allocated through the plan. Deliverable: Identification of allocable departments and unit costs for the plan. Task 4 Inventory all Federat, Enterprise and Other Political Subdivision Funds Administered by the City. This involves surveying all departments to determine what outside funds are being received, for which programs, and the extent of recovery of administrative costs. This information is used as an aid in identifying the areas of greatest potential for cost recovery. Matrix Consulting Group Page 4 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Deliverable: Identification of the areas for greatest potential cost recovery. Task 5 Determine Administrative Departments. This task focuses on identifying those departments (normally executive departments) with responsibility for providing services to other City departments. These are typically performing such services as data processing, accounting, auditing, personnel, and purchasing. Deliverable: identification of administrative (central services) functions in the cost allocation plan. Task 6 Determine Allocation Bases for Allocating Services to Benefiting Departments. This task is critical to ensure that administrative costs are allocated fairly and accurately. Substantial leeway exists in selecting allocation bases. However, they must be defensible to third parties. Deliverable: Meeting with each administrative services department to identify their major services and document the most reasonable allocation basis to benefiting departments. Task 7 Develop Allocation Data for Each Basis. The services provided each user department must be measurable in specific units of service. For example, the payroll section provides payroll services to all other departments that have employees to be paid. Therefore, the number of personnel each department has on its payroll measures payroll services, and data must be collected on the percentage of payroll checks issued to each department. Deliverable: Collection and entry of allocation base data into the cost allocation model. Task 8 Prepare Cost Allocation Worksheet. For each administrative department, a work sheet showing the expenditures of the department during the fiscal period is prepared. Any disallowed expenditures are eliminated, and building and equipment charges are added back. The resulting amount is allowable to benefiting departments. Based upon units of service identified in Tasks 6 and 7, the portion of allowable costs to each department is calculated. Costs are summarized in the cost allocation plan for each department that receives services from other departments. Matrix Consulting Group Page 5 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Deliverable: Preparation of cost allocation worksheets for each administrative department and discussion of allowed and disallowed expenditures. Delivery of a draft Cost A/location Plan. Task 9 Prepare Full Cost Allocation Plan Once management and City staff has reviewed the draft Cost Allocation Plan from Task 8, one to two rounds of revisions are conducted in development of the final plan. This final .plan, including the cost allocation worksheets, is documented in presentation format for the City and third parties. As outlined in the City's RFQ, Matrix Consulting Group will provide ten (10) bound and one (1) unbound copies of the Final FuN Cost Allocation Plan and Report to the City. In combination with the presentation of the Fee Study report, the Matrix . Consulting Group's project team will be available for presentation of the plan's results at City Council Study Sessions, and City Council meetings. Deliverable: Delivery of the final Full Cost Allocation Plan and presentation of results City Council Study Sessions and regularly scheduled meetings. 3. OPTIONAL PROPOSED WORK PLAN FOR A OMB A-87 COST ALLOCATION PLAN The work program to develop a detailed cost allocation plan that complies with the provisions of OMB Circular A-87 is concerned with the use of those costs to develop, submit, and secure approval for claims. Development of this plan meets the City's goal for a welt-documented and defensible plan for use in the calculation of billable hourly service rates for grants and reimbursable costs. As a supplemental service, the City may elect for the Matrix Consulting Group to complete an OMB A-87 compliant Cost Allocation Plan. Once a Full Cost Allocation Plan has been developed, this second phase is easily accomplished. It is far more sensitive, however, because it must support the actual recovery of administrative costs within the framework of specific federal requirements. Completion of the OMB A-87 Plan will revisit several of the tasks identified for the Full Cost Allocation Plan above, utilizing its structure to update and modify select data components. Tasks include: Task 1 Determine Available Financial information. '~ The project team will review and input the City's organizational and budget structures based on the prior fiscal year's actual expenditure reports and organization charts. Expenditure tine items wilt be reviewed for allowable costs and exclusions according to OMB A-87 guidelines. Deliverable: Entry of prior fiscal year expenditure and organizational data. Matrix Gonsulting Group Page 6 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Task Z Revise Allocation Bases as Necessary The project team will work with City staff to revise allocation strategies, collect and collate data as required under OMB A-87 guidelines. Deliverable: Revision of allocation bases to ensure OMB A-87 compliance. Task 3 Prepare and Finalize the OMB A-87 Cost Allocation Plan A draft OMB A-87 plan will be prepared and presented in draft format with the revisions identified in Tasks 1 and 2 above. Once management has reviewed the plan, the project team will present copies of the final version of the Plan and remain available to assist City staff in the use of the plan. As outlined in the City's RFQ, Matrix Consulting Group will provide ten (10) bound and one (1) unbound copy of the Final OMB A-87 Cost Allocation Plan and Report to the City. In combination with the presentation of the User Fee Study and Full Cost Allocation Plan reports, the Matrix Consulting Group's project team will be available for presentation of the plan's results at City Council Study Sessions, and City Council meetings. Deliverable: Delivery of the final OMB A-87 Cost Allocation Plan and presentation of results City Council Study Sessions and regularly scheduled meetings. These tasks complete the process for preparing .and submitting the City of Temecula's Full Cost and OMB Circular A-87 Cost Allocation Plans. 4. METHODS FOR THE ANNUAL UPDATE OF THE COST ALLOCATION PLAN As outlined in the RFQ's Scope of Work for the Cost Allocation Plan, the City wishes to have the ability to continuously update the analytical models utilized in the study to account for shifts in organizational structure and cost. The Matrix Consulting Group recommends the City perform a complete update of its Cost Allocation Plan on a periodic basis. In general, a two to three year cycle is sufficient. The purpose of a comprehensive update to a cost allocation plan revisit the analytical structure, service level estimates and assumptions applied in the previous studies, and to account for any major shifts in cost components or organizational structures. In-between complete update cycles of these projects, there are several options the City can consider for updating the results of their study: Matrix Consulting Group Page 7 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cosf Allocation Plan, User Fee and Development Impact Fee Study (1) Option 1: Develop an Automatic Increase Mechanism To ensure that the City receives appropriate fee and revenue increases that reflect growth in costs, the City could utilize published industry economic factors such as CPI or other regional factors to update the cost calculations established in the Cost Allocation Plan and Fee and Rate Study on an annual basis. Alternatively, the City could also consider the use of its own anticipated labor cost increases such as step increases, benefit enhancements, or cost of living raises. The latter example provides a more realistic reflection than a CPI, given the fact that labor costs generally comprise the majority of cost calculations for a jurisdiction. Use of an automatic increase mechanism based on the City's own labor costs also provides a factor that is specific to it and its operations, rather than one that is specific to a region or industry as a whole. Utilization of an automatic increase mechanism is applicable to the cost calculations determined via the Full Cost Allocation Plan described above. However, due to OMB A-87 guidelines, such methodology may not be applicable to indirect overhead rates established for that Plan. The Matrix Consulting Group would assist the City in determining an automatic increase mechanism for the Cost Allocation Plan Study as part of the overall scope of work defined in this proposal. (2) Option 2: Utilize the Matrix Consulting Group's Software to Perform In- house Updates The software utilized for the compilation of the cost allocation plans above is available for license from a third party vendor, in this case IVA, Inc., the licensee of Cap95. More information on purchase of this system can be provided upon request. Matrix Consulting Group Page 8 3. USER FEE STUDY CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study 3. USER FEE STUDY For the Comprehensive User Fee Study, current fees as well as recommendations for additional fees for service will be assessed for all City departments, including, but not limited to: • Administration • Police • Community Development (Planning, Building and Safety, and Fire) • Public Works, Engineering • Community Services District • Information Systems All fees for service that can be analyzed on a staff time per unit basis will be included. 1. METHODOLOGY FOR CONDUCTING A COST OF SERVICES (USER FEE) STUDY A "user fee" is a charge for services provided by a governmental agency to a public citizen or group. In California, several constitutional laws such as Propositions 13, 4 and 218, State Government Codes 66012 and 66014, and more recently the Attorney General's Opinion 92-506 (related to Valuation Tables and Building and Safety fees) set the parameters under which user fees typically administered by local government are established and administered. (1) General Principles and Philosophies Regarding User Fees Local governments are providers of many types of general services to their communities. While all services provided by local government are beneficial to constituents, some services can be classified as globally beneficial to all citizens, while others provide more of a direct benefit to a specific group or individual. The following table provides examples of services provided by local government within a continuum of the degree of community benefit received: Matrix Consulting Group Page 9 C/TY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Services that Provide Both Services that Provide a "Global" Benefit and also a Primary Benefit to an Services that Provide General Specific Group or Individual Individual or Group, with less "Global" Communit Benefit Benefit "Global" Communit Benefit • Police Recreation /Community Building Permits • Park Maintenance Services Planning and Zoning • Fire Suppression Approval • Engineering Development Review • Fire Protection and Prevention Funding for local government is obtained from a myriad of revenue sources such as taxes, fines, grants, special charges, user fees, etc. In recent years, alternative tax revenues, which typically offset subsidies for services provided to the community, have become increasingly limited. These limitations have caused increased attention on user fee activities as a revenue source that can offset costs otherwise subsidized (usually) by ~_A the general fund. In the table above, services in the "global benefit" section tend to be funded primarily through voter approved tax revenues. In the middle of the table, one ) ° typically finds a mixture of taxes, user fee, and other funding sources. Finally, in the (_., "individual /group benefit" section of the table, lie the services provided by local government that are typically funded almost entirely by user fee revenue. The following are two central concepts regarding the establishment of user fees: Fees should be assessed according to the degree of individual or private benefit gained from services A profit making objective should not be included in the assessment of user fees ~_ Therefore, it is commonly accepted that user fees are established at a level that will recover up to, and not more than, the total cost of providing a particular service. (2) Cost of Services Study Methodology The Matrix Consulting Group utilizes a commonly known and accepted cost allocation methodology, in which several cost components are calculated for each fee or service. These components then build upon each other to comprise the total cost for providing the service. The components of a full cost calculation are typically, as follows: Matrix Consulting Group Page 10 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cosf Allocation Plan, s -- User Fee and Development Impact Fee Study x Cost Com onent Description Direct Salaries, benefits and allowable de artmental ex enditures. De artmental Overhead De artmentat administration / mana ement and clerical su ort. Citywide Overhead City costs associated with central service costs such as payroll, human resources, budgeting, city management, etc. Established throw h the full cost allocation plan. Cross-Departmental Support Costs associated with review or assistance in providing specific services. For example, costs established via study of the Planning Department for review of Building permits could be included as overhead to buildin permit fees. Plans, Policies and Systems F~camples: General Plan Update, code enforcement, and technolo costs. The general steps utilized by the project team to determine allocations of cost components to a particular fee or service are: • Establish the City's goals and objectives for the study; • Defrne and catalog a list of fees for service, as well as a list of non-fee related services for each Department /Division; • Develop a comprehensive understanding of the staffing, budget, and operational organization of each Department /Division; • Calculate a "fully loaded" hourly rate for each position based on net available work hours (2,080 minus reductions for vacation, sick, meetings, etc.); • Develop time-estimates for each service included in the study; • Utilize cross checks such as revenue reports, permit volumes and staff utilization to ensure up to, and not more than 100% allocation of all resources to fee and non-fee related services • Calculate the full cost attributed to each service included in the study; • Distribute all appropriate cost components to each fee or service based on the staff time allocation basis, or other reasonable basis; • Identify subsidies and surpluses on a per unit and annual level; • Review and revise results with City staff and management; Matrix Consulting Group Page 11 t' i ._ CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, ¢ User Fee and Development Impact Fee Study s Discuss and develop implementation strategies for the study; and Present results to City Council and/or community stakeholder groups The result of these steps provides detailed documentation for a reasonable estimate of the actual cost of providing each service. (3) General Policy Considerations Regarding User Fees Within the services that are typically funded by user fees, the Matrix Consulting Group recognizes several reasons why City staff or Council may not advocate the full cost recovery of services. The following factors are key policy considerations in setting fees at less than 100 percent of cost recovery: • Limitations posed by an external agency; • Encouragement of desired behaviors such as code compliance; • Negative affect on demand for a particular service; l Participation for individuals or groups that typically cannot afford services; and • Benefit received by user of the service and the community at large is mutual The Matrix Consulting Group recognizes the need for policy that intentionally subsidizes certain activities. The primary goals of a User Fee Study are to provide a fair and equitable basis for determining the costs of providing services, and assure that the City is in compliance with State law. Once the full cost of providing services is known, the next step is to determine the "rate" or "price" for services at a level which is up to, and not more than the full cost amount. Council is responsible for this decision, which often becomes a question of balancing service levels and funding sources. The placement of a service or activity within the continuum of benefit received may require extensive discussion and at times fall into a "grey area". However, with the resulting cost of services information from a User Fee Study, the Council can be assured that the adopted fee far service is reasonable, fair, and legal. (4) Methodology Options for Temecula' Building and Safety and Fire Prevention Fees for Service Most jurisdictions nationwide use the traditional valuation-based fee schedules modeled after the valuation tables published by ICBO. Because many believe that the valuation tables do not provide a clear nexus between fees charged and levels of service provided, the use of tables have come under considerable review and discussion over the past several years. The State's recent adoption of the IBC by also Matrix Consulting Group Page 12 ~: ~_ CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study raises several issues that are above and beyond typical issues encountered in user fee studies. The City of Temecula is already familiar with, and has adopted acost-based approach to setting Building and Safety fees for service. The Matrix Consulting Group will apply a special methodology and analytical model for the analysis of building and safety fees that is very similar to the approach the City currently has in place. This approach expands upon the central points and steps outlined in the Cost of Services Study Methodology section of this proposal, to accomplish the following: New, construction and commercial tenant improvements: Fee structure is organized on a "scaled" basis pertaining to a project's occupancy type, and square footage. The methodology accounts for economies of scale on large projects, as well as differing levels of effort related to construction types. The table shown on the following page is an abridged example of the resulting schedule for these types of projects: Group A: IIIB, IVB, VB Group B: IIB, VA Group C: IA, IB, IIA, IIIA ICC (UBC} Use Type Size Basis (square feet ase Cost Each Additional SF ase Cost Each Additional SF ase Cost Each Additional SF 2,000 $100 $0.345 $200 $0.690 $300 $1.036 8,000 $2,171 $0.090 $4,342 $0.181 $6,514 $0.271 A-1 20,000 $3,257 $0.054 $6,514 $0.109 $9,771 $0.163 40,000 $4,342 $0.018 $8,685 $0.036 $13,027 $0.054 100,000 $5,428 $0.054 $10,856 $0.109 $16,284 $0.163 Small residential alterations and improvements: Fee structure is organized on a "flat" fee basis for typical projects such as a 500 square foot remodel, re-roof, pool installation, deck addition, etc. • Stand alone mechanical, electrical, and plumbing permits: Fee structure is organized to account for combination permits or single permits that are mechanical, plumbing, or electrical in nature, but not associated with an new construction or residential alteration permit. The decision by the City to adopt a cost based building fee structure is an industry Best Management Practice. Additional advantages of a cost based building fee structure include: A detailed and defensible analytical approach that complies with Government Codes 66012, 66014, and the Attorney General's Opinion 92-506; Easy to administer calculations that are straight-forward for the applicant; and Matrix Consulting Group Page 13 i • C/TY OF TEMECULA, CAL/FORN/A Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study i e ~ Consideration of economies of scale across project types and sizes. l This approach discussed above would also be applied to construction related Fire Prevention fees in order to maintain the consistency of fee structures across these _$ departments. 2. PROPOSED WORK PLAN FOR THE COMPREHENSIVE USER FEE STUDY The Matrix Consulting Group will conduct a study of the full costs of providing fee related services for all City departments. In the task plan, which follows, is provided our detailed description of the work we would undertake to conduct the Comprehensive User Fee Study. Each task contains a summary of deliverables the City can expect as a result of each process involved in the project. Task 1 Establish the City's Goats and Objectives for the Study, and Identify Trends and Plans Which Impact Cost Recovery Analysis and Policy. To effectively analyze and present the full cost of providing City services, it is important that the project team develops an understanding of key issues which impact and shape the City's service delivery and cost recovery policies. To develop this perspective, we plan to conduct an initial meeting with the City's management and departmental executive staff to solidify the exact parameters of the Study. It is essential to conduct an initial meeting of this nature to ensure the project meets the City's expectations and requirements. As a "user fee" study, Matrix ~.s Consulting Group does not propose to evaluate any fines, taxes, utility rates, or impact fees (impact fees are a separate scope of work in this proposal). Services and activities ~ > included in the study are those that are defined specifically by an estimate of staff time devoted to providing each service. Additionally, the initial meeting will review the history, current practices, and management perspectives on cost recovery and user fee implementation. This discussion provides an opportunity to answer the city management's and departmental executives' questions about the study's process and potential impacts on current or near-term City operations, budgets, etc. During this task of the project, the appointment of a City project management representative is imperative for the smooth flow of any engagement. This person's involvement is limited to the scheduling of interviews with ke de artment ersonnel as Y P P z . deemed necessary by the consultants, as well as to direct our staff to the appropriate location of documents and data required throughout the engagement. At this point in the engagement, a contact person for each department should be established. Deliverable: List of basic data requirements for the study, project schedule and employee briepng package. Matrix Consulting Group Page 14 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Task 2 Initiate the Fee Study Project The project team will conduct a project "kick-off' presentation for the departments, including the goals of the engagement, the steps to complete the goats, the time frame the departments can expect, the requests we will place on the departments and the benefits of the engagement. The purpose of this meeting is to attain the cooperation and support of the departments by explaining the project, its scope, the schedule, our team, and their opportunities to participate. We will develop ahand-out for this meeting. Deliverable: Project initiation presentation to all study participants. Task 3 Develop a Summary Understanding of Staffing, Operations, and Budget Documents. It is important that the project team understand the organization, staffing, operations, and cost structure of all departments proposed for review. To develop this understanding, we will accomplish the following work steps: • Review a complete organizational staffing schedule to determine operating costs, including management, supervisory, clerical and line employees. • Review the departmental budgets and accounting system to identify the proper treatment for all expense items. • Review the City's permit tracking systems to familiarize with statistics available. Deliverable: Entry of direct cost components (staff salaries, benefits and departmental expenditures) into our fee and rate study analytical mode% Task 4 Develop a Schedule of Current and Potential Fees for Service. The scope of this effort will be the fees charged by the City for the departments identified. This will include, but is not necessarily limited to the activities and services identified above. Current as well as potential fees and charges will be identified and documented. This involves discussion with each department to identify the areas of greatest potential cost recovery, and to structure and expand existing fee schedules for both optimum cost recovery and fairness and equitability to the applicant for services. Once a catalog of current and potential fees and charges is established, the project team will discuss nexus requirements for fees as outlined in State laws and Matrix Consulting Group Page 15 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Proposition 218. The documented results of this discussion and research will be included as part of the Final Fee Study Report. At this time, the project team will request volume statistics to be used for staff utilization and cost/revenue comparisons later in the analysis. The City will be responsible for providing this data. Deliverable: Documented fist of fees for each department included in the analysis. Task 5 Establish Time and Activity Estimates for Each Service Provided With the information established in Task 4, the project team will gather time and activity estimates for each service included in the study, using the following approach: • Interview key personnel from each department and analyze the various activities being performed within it that are both revenue and non-revenue generating. • Establish the net available hours for each employee. This includes 2,080 hours per year less traditional reductions for vacation, sick, training, etc., and also for estimated "non-billable" time spent in meetings and supervisory or clerical roles. • Conduct a two-hour on-site workshop for each department to initiate the collection of time estimate data. • Gather activity statistics for the number of each permit or service completed, on average, per year. Matrix will provide easy to understand worksheets for data collection. In each department's review, 100% of each staff member's available hours are identified to both fee and non-fee related services to ensure a complete and defensible analysis. The allocation of staff resources through time and activity analysis often requires a critical round of discussion and revision to ensure that estimates and data gathered are reasonable, defensible and accurate reflections of service levels and activity. Deliverable: Defensible and reasonable allocation of 100% of staff time to fee and non-fee related services provided by City departments. Task 6 Perform Total Cost Analysis The Matrix Consulting Group's costing method is a build-up approach" to fee and rate analysis. This costing method uses the time and annual activity level data collected in Task 5 to establish the cost of providing services on both a unit and annual level. Once the time spent for a fee activity is determined for each individual or position, the Matrix Consulting Group will use its fee and rate software to apply all Matrix Consulting Group Page 16 p ' CITY OF TEMECUl.A, CAUFORN/A Proposal to Conduct a Comprehensive Cost Allocation Plan, A User Fee and Development Impact Fee Study applicable City costs toward the calculation of the full cost of providing each service. The following table details a description of the typical costs considered as applicable to fees and rates. Cost Component Descri tion Direct Salaries, benefits and allowable de artmental ex enditures De artmental Overhead De artmental administration/mana ement and clerical su ort Citywide Overhead City costs associated with central service costs such as payroll, human resources, budgeting, city management, etc. Established throu h the full cost allocation Ian ortion of this ro'ect. Cross-Departmental Support Costs associated with review or assistance in providing specific services. For example, costs established via study of the Planning department for review of Building permits are included as overhead to buildin ermit fees. Plans, Policies, and Systems Examples: General Plan Update, code enforcement, and technology Maintenance related costs. Resulting costs are presented on a unit. and annual level, and are compared to the existing fee schedule and revenue reports. The City will obtain information about cost recovery surpluses and deficits on both a detailed (per unit) and global (annualized) level, as well as an understanding of itemized cost components for each service. Deliverable: Detailed documentation of current charges versus the actual cost of providing services from both a cost per unit and annual cost perspective. Task 7 Conduct a Fee Comparison Survey of Similar Cities in California The project team will work with the City to identify the contact persons for up to 5 comparable jurisdictions targeted for the fee comparison survey. We will also develop the survey tools and select up to 10 of the most appropriate fee items in each Department for benchmarks (with City concurrence). Then, we will administer the survey, collect comparative data, conduct the comparison, and document the results. Deliverable: Documented comparison of fees for service in similar cities in California to those existing and proposed in Temecula. Task 8 Review /Revise the Fee Study Results with Departments and City Management. Because the analysis of fees for service is based on estimates and information provided by City departments, it is extremely important that all participants are comfortable with our methodology and with the data they have provided. Departments must have a chance to review, revise and approve their documented results. Matrix Consulting Group Page 77 ' CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Once the departments agree that the analysis reflects the reasonable costs of providing services, City management will have an opportunity to review the results. The project team will address questions and concerns regarding subsidies or surpluses in various departmental analyses, and also consider implementation strategy. While it is generally desirable to eliminate any subsidies, discussions regarding the feasibility of raising fees based on political climate, legal restrictions, and social and economic consequences must occur. Based on these discussions, the Matrix Consulting Group's project team can develop cost recovery recommendations and analyze their associated revenue impacts. Deliverable: Approval of analytical results at the departmental and City management levels together with the formulation of cost recovery recommendations and associated revenue impacts. Task 9 Prepare a Final Report Upon the conclusion of the fee and rate study, we prepare a detailed report with summarizes the results of each of the previous work tasks described above. This report includes the following: A narrative describing the methodology, recommendations, and key decision making points generated from the fee and rate analysis Appendices which compare existing and potential cost recovery on a unit and annual basis by department. The report would be reviewed in draft form with department and City management. Once this review is completed, the reports would be presented to Council as described in Task 10, below. The Matrix Consulting Group can also provide the City with a copy of its completed User Fee Study analytical models. However, the provision of these models would require a licensing agreement that prohibits the sharing of these models with other parties. Deliverable: Delivery of twenty (20) bound and one (7) unbound copy of the Final Report, as well as an electronic copy of the final version. Task 10 Present the Final Report to City Council The Matrix Consulting Group is committed to the implementation of results. As such, we commonly present the results to the governing body of our client. The presentation of results to City Officials and/or stakeholders is critical to the success of the overall engagement. Since the product from the study is often controversial, the objective of this final step is to present a very succinct, straightforward summary that provides decision makers with key information. Matrix Consulting Group Page 18 ~, is CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study In combination with the Cost Allocation Plan(s), the Matrix Consulting Group will attend and present the Comprehensive User Fee Study at a City Council Study i Session, and two regularly scheduled Council meetings. t Deliverable:. Presentation of study results at City Council Study Sessions and regularly scheduled meetings. Matrix Consulting Group Page 19 4. DEVELOPMENT IMPACT FEE STUDY r CITY OF TEMECULA, CAUFORN/A Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study 4. DEVELOPMENT IMPACT FEE STUDY For the Comprehensive Development Impact Fee Study scope of work identified in the City's RFQ, the Matrix Consulting Group will subcontract to TischlerBise, one of the nation's top Fiscal, Economic and Planning Consulting companies specializing in the analysis of development impact fees. Analysis of the impacts of development on the following specific types of facilities will mainly include, but not be limited to: • Parks and Recreation Facilities • Ope~- Sp~e amd Trails • Street ImprovementslTraffic Signals • Libraries • Corporate Facilities • Fire Protection Facilities • Police Facilities • Public Art • ~ arty Trails The following section provides information on TischlerBise's approach, methodologies, and proposed work plan for conducting this Study. 1. ANALYTICAL APPROACH AB 1600 is fairly simple in construction, but complex in delivery. The agency imposing the fee must: (1) identify the purpose of the fee, (2) identify the use to which the fee is to be put, (3} show a reasonable relationship between the fee's use and the type of development project, (4) show a reasonable relationship between the facility to be constructed and the type of development, and (5) account for and spend the fees collected only for the purpose(s) used in calculating the fee. Reduced to its simplest terms, the process of calculating development impact. fees involves only two steps: • Determine the cost of development-related capital improvements, and Matrix Consulting Group Page 20 f ~. r t ~: CITY OF TEMECULA, CAL/FORN/A Proposal to Conduct a Comprehensive Cosi Allocation Plan, User Fee and Development Impact Fee Study Allocate those costs equitably to various types of development. The above being said, there is a fair degree of latitude granted in constructing the actual fees, as long as the outcome is "fair and equitable." Fee construction is both an art as well as a science, and it is in this convergence that TischlerBise excels in delivering products to its clients. Any one of several legitimate methods may be used to calculate development impact fees. The choice of a particular method depends primarily on the service characteristics and planning requirements for the facility type being addressed. Each method has advantages and disadvantages in a particular situation, and to some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development. 2. METHODOLOGY FOR CONDUCTING A DEVELOPMENT IMPACT FEE STUDY In practice, however, the calculation of impact fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities. The following paragraphs discuss the three basic methods for calculating development impact fees and how those methods can be applied. • Plan-Based Development Impact Fee Calculation-The plan-based method allocates costs for a specified set of future improvements to a specified amount Y of development. The improvements are identified by a facility plan. In this method, the total cost of relevant facilities is divided by total demand to calculate a cost per unit of demand. The plan-based method is often the most advantageous approach for larger types of facilities such as roads and utilities. • Cost Recovery Impact Fee Calculation-The rationale for the cost recovery approach is that new development is paying for its share of the useful life and remaining capacity of facilities from which new growth wilt benefrt. To calculate an impact fee using the cost recovery approach, facility cost is .divided by ultimate number of demand units the facility will serve. An oversized sewer treatment plant or new police facility are two examples. Incremental Expansion Impact Fee Calculation-The incremental expansion method documents the current ~` -s+a ~~ for each type of public facility in both quantitative and qualitative measures, based on an existing service standard such as square feet per capita or park acres per capita. The level-of-service standards are determined in a manner similar to the current replacement cost approach used by property insurance companies. However, in contrast to insurance practices, clients do not use the funds for renewal and/or replacement of existing facilities. Rather, the jurisdiction uses the impact fee Matrix Consulting Group Page 21 ,. CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study i s revenue to expand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments, with LOS standards based on current conditions in the community. ~- Designing the optimum development impact fee approach and methodology is what sets , -~ _ #t~ 4i~' ;, Unlike most consultants, we routinely consider each of the three methodologies for each component within a fee category. There are likely to be policy and revenue tradeoffs depending on the capital facility and methodology. We recognize that "one size does not fit all" and create the optimum format that best achieves our client's goals. Each client is different, each fee area is different, and TischlerBise compares alternative methodologies to maximize revenues for our clients. 3. PROJECT SCOPE FOR THE COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY Our national and state experience will allow us to discuss various technical approaches with the City. For development impact fees, it is critical that the fees pertain to the existing levels of service, unless there is a financial plan to provide the desired level of service for existing residents. Another important component of the development impact fee analysis is to evaluate actual capital costs, as well as credits, in order to make sure that the development impact fee meets the requirements of AB 1600 and relevant case law. Each of these components will be discussed in detail in the Work Scope section of this proposal. The scope of services offered in this proposal is intended to satisfy all legal requirements governing development impact fees, including provisions of the U.S. Constitution, the California Constitution, and the California Mitigation Fee Act (Government Code Sections 66000 et seq.). In general, the scope involves the following main tasks: • Data collection and development of additional data needed to support the study. The Consultant will meet with relevant City staff to gather appropriate data and information. • Calculation of fees and analysis of facilities identified below, including the analysis of separate geographic zones where appropriate. • Preparation of a study report documenting the impact fee analysis, impact fee calculations, and impact fee schedules. • Attendance at City Council meetings to present the findings and discuss recommendations and policy issues. Matrix Consulting Group ~ Page 22 ~. i, e ~.:' C. CITY OF TEMECULA, CAL-FORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development -mpact Fee Study TASK DELIVERABLE Task 1: Pro'ect Initiation See Below Task 2: Com ile Recommended Land Use Data Memorandum Discussin Land Use Pro'ections Task 3: Review Needs Anal sis and Service Levels See Below Task 4: Evaluate Different Allocation Methodol ies Interim Memorandum as A ro riate Task 5: Identify Facilities/Costs Eligible for Interim Memorandum as Appropriate Develo ment Im act Fee Fundin Task 6: Determine Need for and Calculate "Credits" See Development Impact Fee Report Below to be A lied A ainst Ca ital Costs .Cash Flow Analyses Reflecting Capital Task 7: Conduct Funding and Cash Flow Analysis Improvement Plan(s) and Applicable Impact Fees Task 8: Preparation of Development Impact Fee Development Impact Fee Report. Twenty (20) Report bound, and one (1) unbound copies provided to the Ci Task 9: Presentations/Meetin s A ro riate Materials and Gra hics Matrix Consulting Group Page 28 c, ~r 5. CITY STAFF'S ROLE IN THIS PROJECT CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study 5. CITY STAFF'S ROLE IN THIS PROJECT Our project management process and work plans are designed to minimize City staff hours spent on the project. The following are points of participation by City staff: • City's Project Liaison: Provide all necessary financial data required for the analysis, assist the Matrix Consulting Group's project team in scheduling key project milestone meetings and in following up for the timeliness of data collection and review by participating departments. • Executive Staff: Attend project kick off meetings and project management meetings, as needed. Review final report. • Department Heads: Attend project kick off meetings, and two initial departmental cost allocation plan or user fee study meetings, at a minimum. Attend first 30 minutes of data collection meetings such as for time estimates. Review draft Cost Allocation Plan and User Fee Study documentation before preparation of the final versions. • Departmental "Line" Staff: For staff involved in the day to day activities of the department under analysis, key line staff members wilt be requested to attend all data collection related meetings, and be avaifabfe by phone and email to fulfill and discuss data collection items. The most intensive requirement of staff time in this area is for the provision of time estimate and volume of activity data. However, the Matrix Consulting Group will conduct as much of the data collection activity as possible on-site in order to minimize time spent by line staff in filling out worksheets. These processes ensure understanding of analytical processes and buy-in of results generated through the analysis. The City's Project Liaison should expect to spend an average of one hour per week on this project. The following table provides an estimate of the amount of time City ~. ~. staff may expect to devote the project by task, for each department involved: Pro'ect Task Cost Allocation Plan User Fee Stud Development Impact Fee Stud Interviews / Meetin s 2 to 4 hours 4 to 8 hours 2 to 4 hours Data Collection 2 to 4 hours 6 to 8 hours 2 to 4 hours Review /Revise 2 to 4 hours 4 to 8 hours 2 to 4 hours TOTAL 6 to 12 hours 14 to 24 hours 6 to 12 hours ' Matrix Consulting Group Page 29 6. MATRIX CONSULTING GROUP'S QUALIFICATIONS ' CITY OF TEMECULA, CAL/FORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, i User Fee and Development Impact Fee Study k - 6. MATRIX CONSULTING GROUP QUALIFICATIONS This study requires experienced analysts with in-depth, extensive experience in working at the local government level.. This .section provides an introduction to the Matrix Consulting Group, as well as summaries of the experience of our project team with the primary roles and responsibilities they will assume in this study. 1. INTRODUCTION TO THE MATRIX CONSULTING GROUP The Matrix Consulting Group is a California Corporation created by senior staff previously from a large national consulting firm who left that firm in order to pursue a service in which the senior people actually do the work in a lower overhead environment. We provide financial, organization and management analytical services to local government. Our firm's history and composition is summarized below: • Our market and service focus is financial, management, staffing, and operations analysis of local government. • ~~ However, the principals and senior staff of our firm have worked together in this and other consulting organizations as one team for between 10 and over 25 years. • Our headquarters is in Palo Alto, California. We also have offices in: Plano, Texas; Silver Spring, Maryland; Edwardsville, Illinois; Andover, Massachusetts, and Coral Springs, Florida. • We are incorporated in the State of California. We have three corporate officers: Richard Brady is the President and Chief Financial Officer; Travis Miller is a Senior Vice President and Secretary; Gary Goelitz is a Senior Vice President. • 1=-~ 15 ~ and.. ~ p~ ~. Our service philosophy is based on detailed analysis as well as extensive input and interaction with our clients. 2. EFFECTIVE PROJECT MANAGEMENT PRINCIPLES We believe that a detailed and interactive approach has been a large part of our success in providing consulting services to local government. Matrix Consulting Group's staff are experienced and effective project managers with proven track records of meeting project schedule and budget requirements. Every project is managed according to the following essential project management principles: Matrix Consulting Group Page 30 ~_ ' CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, ( User Fee and Development Impact Fee Study Matrix Consulting Group's senior people do the work. A senior team member or principal of the firm is an active project manager throughout the process. Senior members of our project team have completed hundreds of cost allocation, and cost of services (user fee) studies in California and nationally. Designating project liaisons from both the City and the Matrix Consulting Group. We believe constant communication about timelines and deliverables are essential to project success. For this reason, the Matrix Consulting Group centralizes facilitation of a smooth process via designation of a project liaison at the City. Customized timetables and routine status repots. At the beginning of each project, the Matrix Consulting Group develops a Project Management Plan that includes key tasks and deliverable dates. ~'l~ c Eo~pg Crr Proj ~-r, w~ pde bi-~r, and monthly r E , d~ng• "schedule eparts .status. upd~t~s, ar;cl deliverables per the exact t~rr ~uiline~ ~ ice, y'6 F~~`" • Upfront involvement of City staff in the process. Our project team recognizes the value and importance of multiple interviews and briefings to various City representatives. Consultants will have multiple meetings with department staff and management to discuss methodology, data collection, and results. We also ~. believe that it is critical to obtain the input of City staff that provide day-today services. We extensively interview and involve line staff in the establishment of service levels and time estimates as the basis of our calculations. "Hands-on" Data Collection Approach. The project methodology described in the work plan for this proposal requires the collection of time estimate data, activity volume reports, and additional budget and staffing related information. The Matrix Consulting Group budgets half of all project hours for on-site data collection and facilitation. We actually walk City staff through the time estimating process, rather than providing blank worksheets for them to complete and return. This philosophy has provided our clients with valuable assistance and advice in dealing with important public policy issues. It has also resulted in very high levels of implementation of our recommendations. 3. SUMMARY AND EXPERIENCE OF OUR PROPOSED PROJECT TEAM It should be noted that all members of the proposed team wilt be involved in the entire project but will assume lead responsibilities for specific areas. GARY GOELITZ - Mr. Goelitz is a Vice President with the Matrix Consulting Group, and the head of Matrix's General Consulting Practice. Gary has over 30 years of experience as an analyst in the public sector, both as a consultant and a manager' in municipal operations. He also was a Director for MAXIMUS. Mr. Matrix Consulting Group Page 31 ' CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, ' ` User Fee and Development Impact Fee Study Goelitz has served as a management analyst for the cities of Chula Vista (CA), Fremont (CA), Phoenix (AZ), and Beverly Hills (CA) as well as the Internal Audit Manager for Washoe County (NV).. He has broad experience in financial services functions and has completed multiple analyses of these functions in the past several years -including Reno (NV), Nashville-Davidson County (TN), CPS Human Services, Hilton Head Island (SC}, Salt Lake City (UT), Columbus (OH), Maricopa County (AZ), Washoe County (NV), Springfield (MA) and Barnstable (MA). He is located in our Palo Alto office. He holds B.A. and M.P.A. degrees from the University of Southern California. As one of the principals of the firm, Gary will function as the project executive for this Study and will provide overall quality control. J. MARK CARPENTER. Mark Carpenter is a Vice President with the Matrix Consulting Group. His experience encompasses over 25 years in focal government finance, budgeting, public safety, human resources, and management audit work both as a local government employee and, for the last seventeen years, as a consultant. His client service experience includes operational and organizational studies for the EI Paso (TX) Police Department, the Terrell (TX) Police Department, the Town of Chapel Hill (NC), Warrenton (VA), and a span of control analysis for the City of San Antonio (TX). He has an extensive background in cost analysis, including managing a financial services and cost analysis practice serving over thirty clients in the State of Texas. Mr. Carpenter has managed or served as a lead consultant in numerous cost of services studies across the country, including studies in Houston (TX}, Pasadena (CA), Prince William County (VA), and Broward County (FL}. He has managed and performed activity based cost allocation analysis for a number of cities and counties, including Harris County (TX), Fort Worth (TX), Irving (TX), EI Paso (TX), Denton (TX), Arlington (TX), and San Antonio (TX). Prior to joining Matrix Consulting, Mr. Carpenter served as the State Manager for the local government financial services practice for MAXIMUS. Prior to working as a consultant, he worked in the City Manager's Office in Charlotte, NC; the Office of Management Services for the City of Fort Worth, TX; and the Fort Worth Police Department. He received his B.R. degree from Davidson College (NC) and his Masters degree in Public Administration from the University of North Carolina at Chapel Hill. Mark will function as a Technical Advisor and/or Senior Project Analyst for this engagement NICOLE KISSAM is a Vice President with the Matrix Consulting Group, having over 8 years of experience in City government, public sector consu{ting, marketing and public relations. Ms. Kissam has been a financial and management consultant to local government for more than six years, and has managed and participated in cost allocation, operational/user fee, and revenue analyses in more than 50 City and County jurisdictions across Galifornia and Nevada. Wrth broad experience across many municipal functions, Ms. Kissam has established a special knowledge of processes, practices and cost recovery in the community development area, and has done pioneering work in helping ; is Matrix Consulfing Group Page 32 C/TY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Sfudy Building and Safety departments move from construction value to cost-based permit fee structures. Ms. Kissam also managed and conducted activity based cost allocation plan projects in many cities to identify indirect and administrative ~x costs attributable to service departments and agencies. In the Matrix Consulting ' - Group, Nicole Kissam has recently participated in a number of operational audit ~~ engagements that focused on reviewing existing operational and organizational structures and recommending restructuring, reorganization, and/or revised administrative procedures to enhance government services. She is located in the ~= Palo Alto office. Her education includes a BS in International Business Administration, from Califomia Polytechnic State University, San Luis Obispo.. ~; ~: Nicole will function as the Senior Project Manager and Lead Analyst far this f'_ ~ ~ engagement ~' COURTNEY RAMOS is a Consultant with the Matrix Consulting Group. Since ~i joining the firm in 2004, Ms. Ramos has assisted and contributed to a number of cost allocation plan, user fee, management, operations, and staffing analyses our California and national clients. Most recently, Courtney assisted on fee studies I " for the following jurisdictions: Sunnyvale, Fresno, Los Angeles, Manteca, Marin County, CCDC (San Diego}, and Santa Barbara County, California. She has also ~~ played a significant role in cost allocation plan development for the cities of Elk ~~ Grove and Los Altos Hills, California, San Marcos, Texas, and the Sacramento County Public Library Authority. Ms. Ramos will assist in data collection and analysis, under the direction and guidance of one or more of the senior team members. The Matrix Consulting Group commits the staff described in this section for the duration of the project. z. {: ~. 4. REFERENCES Below are project summaries and contact information for similar assignments for members of the project team. Client /Pro ect Contact Information Descri lion Sacramento Public Library Anne Marie Gold, Dates: 2007/2008 fiscal year Authority Administrative Services Description of Services: Full Cost Director Allocation Plan Full Cost Allocation Plan (916) 264 - 2737 am old saclibra .or City of Elk Grove Rebecca Craig Dates: 2007/2008 fiscal year Finance Director Description of Services: Full Cost Full Cost Allocation Plan (916} 627 - 3243 Allocation Plan rcrai elk roveci .or Matrix Consulting Group Page 33 ,: ~. CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Client / Pro'ect Contact Information Descri tion City of Fresno Keith Bergthold Dates: 12/07 -current Assistant Director Description of Services: Fee Analysis for Planning and Development 2600 Fresno Street Planning and Building and Safety Divisions Department Fee Analysis Fresno, CA 93721 of the Planning and Development Department. Also includes a comparative (559 621 - 8049 fee surve . City of Pasadena Harriet McGinley Dates 7/07 - 10/07 Admin. Services Manager t~'+~1_ ~ Building Services Fund 175 No. Garfield Ave Description of Services: Fee Analysis of Fee Analysis Pasadena, CA 91109 Building Services Fund (building permit fees) (626 744 - 6704 Marin County Community Brian Crawford Dates: 12/07 -current Development Agency Assistant Director Description of Services: Fee analysis for 3501 Civic Center Drive Planning, Building, and Environmental Fee Analysis San Rafael, CA 94903 Health Divisions of the Community Development Agency. (415 499-6402 City and County of San Isam Hasenin Dates: 12/07 -current Francisco Department Director Description of Services: Fee Analysis for 1650 Mission Street, Department of Building Inspection (building Department of Building San Francisco, CA 94103 permit fees). Includes comparative fee Inspection Fee Analysis survey. (415 558 - 6131 City of Atwater Stan Feathers Dates: 9/07 -12/07 Assistant City Manager Description of Services: Fee Analysis for Building Department Fee 750 Bellevue Road Building and Safety Division Analysis Atwater, CA 95301 (209 537 - 6311 Matrix Consulting Group Page 34 7. TiSCHLER-BiSE'S QUALlFIGATiQNS F } ~. F_~ CITY OF TEMECULA, CAL/FORN/A Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Developrrrent Impact Fee Study 7. TISCHLER-BlSE QUALIFtCAT10NS TischlerBise, Inc. is a fiscal, economic and planning consulting firm that specializes in impact fees, fiscal impact analysis, and revenue strategies. Our main office is based in Bethesda, Maryland and we have a .satellite office in Pasadena, California. TischlerBise has been providing consulting services to both the public and private sectors for over 25 years. In this time, TischlerBise has prepared over 700 impact fees-more than any other firm in the country-and over 600 fiscal impact analyses. Through TischlerBise's detailed approach, proven methodology and comprehensive product, we have established ourselves as national experts on impact fees. The map below illustrates the broad geographic diversity of our client base as well as highlights the firm's development impact fee (AB1600) California clients. _~ -1: :' :; ~~. ~~ California development impact fee clients include: Avenal Clovis Im erial Ca Bannin Corcoran National Ci Butte Co. EI Centro Rancho Cucamon a Calexico Grass Valle Visalia Chino Hills Hemet California frscal impacf clients include: Carlsbad Im erial Coun (LAFCO San Bernardino Clovis Oceanside San di o Chino Hills Pasadena Our widespread national experience has enabled us to stay ahead of the latest approaches and impact fee trends. TischlerBise staff members are frequently called Matrix Consulting Group Page 35 CITY OF TEMECULA, CAUFORN/A Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study upon to speak on impact fees for various national groups and organizations including the American Planning Association, the National Association of Homebuilders, National Impact Fee Roundtable, the Urban Land Institute and the Government Finance Officers Association. While every community is unique, this national experience provides invaluable perspective for our clients. Moreover, our significant California experience ensures we understand and appreciate local, regional, and state nuances. Our individualized approach requires a thorough understanding of state requirements as well as local conditions. We are actively involved in impact fee assignments throughout the State, in many communities ~' that share similar characteristics to Temecula. r-~ The table shown below contains the specific development impact fee categories and contact for some of TischlerBise's recent (2004 to 2008) California clients: fA ._ c d +' l0 ,M C C +O+ t0 C a G1 'O C G~ N /0 H d1 C m = + w ~ O Jurisdiction Contact ?~ d ~ o i ; ~. ~ M ~ ° ~ ~ r ~ ~ ~ ° ' y m y o Q 01 ~ . = ~ ,, w ~ 3 to l0 ~ . Q g m ~ 3 '~ E V ~ V _ Li. Y ~ ~- C V O ~ !Q V a i Q e o C o ~o O ~o cn O .. N v~ ~ co m a~ J li O O V .~ 3 ~~ v~ N as a Avenal Steven Sopp X X X X 559-386-5782 Starlyn Brown Butte Co. X 30-538-7631 Corcoran Ron Hoggard X X X X X 559-992-2151 EI Centro Ruben Duran X X X X X 760-337-4510 Grass Valley Carol Fish X X X X X 530-274-4310 Imperial udy Hashem X X X X X X County 60-482-4290 Rancho Erica Darplee X Cucamonga 909-477-2740 Visalia Sue Merrill X X X 559-713-4392 TischlerBise's work for the private sector critiquing other impact fee studies is an asset to our public sector clients. Although this type of work represents a small portion of our business, it provides the opportunity to consider alt aspects of a fee program and hone in on what is-and is not-advisable from a policy, methodological andfor data perspective. A recent example of this work is from Tucson, Arizona, where we were hired by the nonresidential community to review the impact fee study prepared for the City. Our analysis of the initial fees identified significant policy, methodological and data concerns with the outcome resulting in significant revisions to the fees. As a further testament to our qualifications, we have been selected to recalculate impact fees prepared by others (e.g., Glendale, AZ) as well as been commended on our Matrix Consulting Group Page 36 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study thorough hands-on approach with clients (e.g., Visalia, CA). Our California clients particularly appreciate considering different methodologies for each infrastructure category to achieve various policy objectives. Furthermore, in addition to our impact fee work, we are a leading provider of fiscal impact analyses nationwide. This experience informs our impact fee work by providing a thorough understanding of all aspects of a locality's fiscal situation. This enables us to work with the client on potential revenue strategies for funding impact fee shortfalls identified by the cash flow analysis. 1. SUMMARY AND EXPERIENCE OF PROPOSED PROJECT TEAM TischlerBise's widespread success can be attributed to its highly experienced staff of analysts whose relevant experience is unsurpassed. Carson Bise, Dwayne Guthrie and Yvonne Dawson will comprise the project team for this assessment and collectively bring over 60 years of impact fee experience to the assignment. Carson Bise will be project director and Dwayne Guthrie project manager. Carson Bise, AICP, President of TischlerBise, has eighteen years of professional experience in fiscal, economic and planning activities, holds BS degrees in Geography and Political Science, an MBA in Economics and is a member of the American Institute of Certified Planners. Mr. Bise has completed over 125 impact fees in 12 different states for the following infrastructure categories: parks and recreation, open space, police, fire, schools, water, sewer, roads, municipal power and general government facilities. Recognized as an expert, Mr. Bise sits on the Board of Directors for the National Impact Fee Roundtable and frequently gives lectures and conducts workshops on impact fees, infrastructure finance and fiscal impact analysis for various groups and organizations including the American Planning Association, the National Association of Homebuilders, National Impact Fee Roundtable and the Government Finance Officers Association. Mr. Bise has also authored numerous articles on infrastructure finance and fiscal impact analysis. His most recent publication is a chapter on fiscal impact analysis in the book Planning and Urban Design Guidelines, published by the American Planning Association. His recent or current impact fee clients include Daphne, AL; Fairhope, AL; Gulf Shores, AL: Orange Beach, AL; Hemet, CA; National City, CA; Seminole County Public Schools, FL: Pasco County Public Schools, FL; and Logan, UT. Dwayne Guthrie, Ph.D., AICP, is a Principal with TischlerBise and holds a Masters of Arts in Urban and Regional Planning and a Ph. D in Urban Planning. Mr. Guthrie has 28 years of experience in the areas of impact fees, capital improvements programming, fiscal evaluations and comprehensive planning. He has prepared impact fees for approximately 70 jurisdictions in 21 states/provinces and served as an expert witness on the topic. He was a co- author of "An Introduction to Infrastructure Financing," ICMA IQ Service Report. Matrix Consulting Group Page 37 ' CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Sfudy Mr. Guthrie's recent or current projects include Manatee County, FL; Douglas County, GA; Boulder, CO; Aiken County, SC; and Polk County, FL. Yvonne Dawson -project staff. Ms. Dawson holds a B.A. in English and Master of Science in Community and Regional Planning and has five years experience in the areas of fiscal/economic analysis, market analysis, and infrastructure finance. Prior to her joining TischlerBise, Ms. Dawson worked for the International Economic Development Council. Ms. Dawson has prepared over 35 impact fees throughout the country. Her current California assignments include the cities of Avenal, Corcoran, EI Centro, and Imperial County. Ms. Dawson. has also conducted numerous fiscal impact evaluations, including evaluating the revenue implications of annexations to the communities of Calexico and EI Centro from the unincorporated area of Imperial County. She is currently conducting fiscal impact evaluations for Pasadena. The next section provides references for TischlerBise. 2. REFERENCES Below are brief descriptions of several current or .recently completed TischlerBise California impact fee projects. City of Visalia, California -TischlerBise was retained to complete two development impact fee studies for Visalia, California. Completed in conformance with California's Mitigation Fee Act, the studies prepared fees for new development's share of the cost of constructing a general government center, expanding the City's corporation yard, and the acquisition and development of park and recreation facilities. Through an intergovernmental agreement, the fees will also provide the Tulare County Library capital funding for additional library space that is needed to accommodate new development in the City. Reference: Sue Merrill, Finance Consultant, (559) 713-4392 Butte County, California -TischlerBise completed a development impact fee study for Butte County, California. Fees to cover new development's share of capital facility and equipment costs were calculated for the following categories: sheriff's department, fire department, general government, public works, libraries, and road improvements. Since some these County functions provide countywide services (e.g. libraries) while other functions provide service only to unincorporated areas (e.g. public works road improvements), impact fees were calculated by .service area (countywide or unincorporated area) in order to match projected capital costs with the demand created by new development. This approach resulted in the study providing two impact fee schedules, one applicable to countywide functions and the other applicable to unincorporated area functions. Matrix Consulting Group Page 38 CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study Reference:. Starlyn Brown, Deputy County Administrator, (530) 538-7224 City of Grass Valley, California -TischlerBise prepared an impact fee study for the City of Grass Valley. The study calculated new development's share of capital costs related to fire, police, parks and general government. The firm has just been retained to update the fees for water treatment and distribution facilities, wastewater facilities, storm water drainage facilities and local transportation improvements. Key components of the assignment have included (1) determining future demand for capital facilities by ascertaining existing and future development in the City's Area of Influence (unincorporated areas that the City anticipates annexing in the future) and (2) testing alternative fee methodologies to determine which methodology best reflects the City's growth related capital costs. Reference: Gene Haroldsen, City Administrator (530) 274-4310 Rancho Cucamonga, California - As part of a City effort to update all of its impact fees, TischlerBise revised the City's parks and recreation and beautification fees. The parks and recreation fee moved from one with a number of collection/expenditure zones to a single collection expenditure zone, allowing for increased flexibility in park siting. The beautification fee was recalculated in order to provide apes-unit fee, consistent with the City's other fee categories. Reference: Erica Darplee, Management Analyst, (909) 477-2740 The following table also contains specific impact fee categories and contact information for some of TischlerBise's clients in neighboring state of Arizona. c ~+ }+ ~ ~~,. C ~ .ai '~ ~ ~ ~ ~ m ~ N L ~ d~ m ~ N :-+ ~ 3 O W N ~ ~,,, N m d C ~ O 3 Jurisdiction Contact y a ~ ~ 3 ;g ~ ~ ~ ~ a ~ ;~ i = • c B ~ a N 3 E ~ v ~ ~ ti ~ ~ d ~ ~ ~ ~ v O R O N . ~-• 7 . R oc J tL O O v .a ' ~ ~ ~ ~ o°. a a ARIZONA Avondale Mr. Ron Brown X X X X X X X X X X 602-925-0018 Carroll Buckeye Reynolds 623- X X X X X X X 386-4691 Susan Betts Bullhead X 928-763-9400 Camp Verde John Roberts X X X X X 928-567-6631 Carefree Jonathan X X X X X Pearson Matrix Consulting Group Page 39 C/TY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study n o O ~ ~,~ y Jurisdiction Contact W ?~ m m L ~' ~ 0 L d 3 .. C1 ~ H t0 ~.. 3 w eo 3 O r m L t0 cn ~ m c_ 10 ~.. w m h ~,~ m ~ m = C ~ ~+ E 3 - ~ c Q ~o c ~ om o ~ . 'a m a~ ~ u. L ~ o v a ' ~~ r ~ as a 80-488-3686 Casa Grande Scott Barber X X X X X X X X 520-421-8600 Usama Cave Creek bujbarah X X X X X X 80-488-6611 Coolidge Bob Flatley X X X X X X X X X X 520-723-5361 EI Mirage BJ Cornwall X X X X X X X 80-488-6611 Eloy James McFellin X X X X X X 520-466-2578 Flagstaff Mary Jo Jenkins X X X X X X X 520-774-5281 Glendale Ken Reedy X X X X X X X X X 602-930-2254 Goodyear Jerry Leavitt X (HBAA) 602-274-6545 Lake Havasu City Wendy Kemp 928-855-3377 X City of Maricopa Roger Kolman X X X X X 520-568-9098 Northwest Fire Jim Grasham X District 520-887-1010 Peoria Jeff Tyne X X X X X X X 623-773-7114 Pinal County Ken Buchanan X X X X 520-866-6250 Pinetop-Lakeside Paul Esparza X X X X X 520-368-8883 Queen Creek John Kross X X X X X X X X X X X 80-987-9887 Sedona ndrea Costello X X X X X X 928-203-5022 Show Low Michael Maag X X X X X X X 520-537-5262 Sierra Vista Mary Jacobs X X X X X X X X 520-458-3315 Surprise Robert Niles X X X X X X X X X X 623-583-1000 Tolleson Reyes Medrano X X X X X X X X X 623-936-7111 Yuma Jennifer Albers X X X X X X X X X 928-373-5180 Matrix Consulting Group Page 40 8. PROJECT SCHEDULE ~; CITY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study 8. PROJECT SCHEDULE The following presents proposed project timelines for all scopes of work included in this proposal. 1. PROPOSED PROJECT SCHEDULE FOR THE COST ALLOCATION PLAN AND USER FEE STUDY For the Comprehensive Cost Allocation Plan and User Fee Studies, the Matrix Consulting Group recommends at least a 120-day timeframe as shown in the table below. The Study could be completed in a shorter timeframe if desired by the City, but would require intensified and shortened data collection and draft reviews by City staff. The following project schedules demonstrate an expected timeline fora 120-day timeframe: Full Cost Allocation Plan Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1. Initiate CAP Project 2. Determine Financial Info 3. Classify Departments, Boards 4. Inventory Funds _ 5. Determine Admin Departments _ 6. Allocation Bases 7. Allocation Data _- 8. Cost Allocation Worksheet _- 9. Pre are Full CAP Matrix Consulting Group Page 41 ~. ( 3 gy'-, !'` Bi c r. ~;2 r CITY OF TEMECULA, CAL/FORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, User Fee and Development Impact Fee Study OMB A-87 Cost Allocation Plan (Optional) Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1. Determine Financial Info - 2. Revise Allocation Bases - 3. Prepare Final OMB A-87 - Comprehensive User Fee Study Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1. Goals and Objectives 2. Initiate Project - 3. Staffing, Budget, Operations 4. Fee Schedule Development - 5. Time and Activity Estimates _- 6. Total Cost Anatysis 7. Comparative Survey 8. Review and Revise Study -- 9. Prepare Final Report 10. Present Final Re orts 2. PROPOSED PROJECT SCHEDULE FOR THE COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY -- The time estimated for TischterBise to complete the Comprehensive Development Impact Fee Study is also approximately four (4) months from the start of Task One. This assumes prompt receipt of requested materials and data from the Client, as well as allowing sufficient time for City staff to review the appropriate products. The anticipated four-month schedule is indicated below. Matrix Consulting Group .Page 42 '~ C/TY OF TEMECULA, CALIFORNIA Proposal to Conduct a Comprehensive Cost Allocation Plan, i_ gg User Fee and Development Impact Fee Study 6 e MONTH MONTH MONTH MONTH TASK 1 2 3 4 Task 1: Pro'ect Initiation Task 2: Com ile Recommended Land Use Data Task 3: Review Needs Analysis and Service Leve Is Task 4: Evaluate Different Allocation Methodol ies Task 5: Identify Facilities/Costs Eligible for Develo ment Im act Fee Fundin Task 6: Determine Need for and Calculate - "Credits" to be Applied Against Capital Costs Task 7: Conduct Funding and Cash Flow Ana sis Task 8: Preparation of Development Impact Fee Re ort Task 9: Presentations/Meetin s Matrix Consulting Group Page 43 EXHIBIT B The following is a cost proposal for the Cost Allocation Plan, User Fee Study and Development Impact Fee Studies: Pricing for the Development Impact fee {DIF} portion: $ 52,000 Pricing for the Cost Allocation Plan portion: $ 12,000 Pricing for the User Fee Study portion: 38 500 Total pricing for all portions: 102 500 ITEM R1C~. 6 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: August 26, 2008 SUBJECT: Approve FY2008-09 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce PREPARED BY: Gloria Wolnick, Management Analyst RECOMMENDATION: That the City Council approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $151,400. BACKGROUND: The City of Temecula partners with the Temecula Valley Chamber of Commerce to lend synergy to our economic development efforts. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington), and staff met to discuss the Economic Development funding requests on March 27, 2008. The subcommittee has recommended approval of this amount and the City Council subsequently approved this funding in the FY2008/09 Operating Budget. The Temecula Valley Chamber of Commerce has provided a summary of materials including their work plan, financials and services that they provide (see Attachment 1A). Also, attached is the Operating Agreement for the organization for the FY2008-09 term. Funding of the program of $151,400 will be allocated to the Temecula Valley Chamber of Commerce. Temecula Valley Chamber of Commerce The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth while protecting the environment for all businesses and by doing so, support the programs which preserve and improve the quality of life for the entire community. The Chamber primarily represents and promotes the area's economy and encourages business and industrial investment. The Chamber responds to relocation and business inquiries and sends corresponding information to prospective residents and potential businesses. As part of the City of Temecula's Outreach Program, the Chamber actively partners with the City in its business retention efforts by attending site visits, assisting with special events that acknowledge local businesses and responding to business requests. The Chamber partners with the Small Business Development Center {SBDC) to offer business counseling services and on a monthly basis provides Workshops on key topics such as Target Marketing; E-Commerce and Marketing Communications. The Chamber also provides meeting space to many local non-profit organizations such as Partners in Education, The Arts Council, Dorland Mountain Arts Colony and SCORE representatives who offer counseling services to individuals starting businesses and businesses wishing to expand. In 2007 SCORE representatives counseled over 200 potential entrepreneurs. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the business community. The Temecula Valley Chamber of Commerce, as founder and partner in the Southwest California Legislative Council, a regional coalition, strives to take a proactive role in legislative issues of importance to its members and the residents of Temecula. The Southwest California Legislative Council (SWCLC) established a regional advocacy-based website which is available to members, which tracks and publishes information on pertinent legislation that may impact the economic viability of the region. The Temecula Valley, Murrieta and Lake Elsinore Valley Chambers tracked 58 potential new laws in 2007 that might have impacted the Temecula Valley business region. The SWCLC increased their working relationship and doubled their efforts in terms of the issues that were tracked with our state legislators this past year. In 2007, all area legislators voted with the SWCLC 100% of the time, a major accomplishment in representing the interests of Temecula businesses with government. In cooperation with the School District, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among businesses, educators and students. The Chamber assists with the annual youth job expo. Last year, over 1,200 students met with over 40 employers and exhibitors and attended job search workshops. To meet the needs of businesses, the Chamber assists Southern California Edison (SCE) in marketing monthly SCE Workshops relating to energy management and efficiencyfor small to large businesses. The Chamber organizes a wide variety of business programs and events throughout the year including the State of the City Address, Business & Economic Forecast Conference, and Legislative Summit. A newly formed event which focuses on "Women In Business" creating Opportunities, Connections & Resources for women attracted 100 attendees. The Chamber offers over 100 networking opportunities annually including: the 5-Minute Networking event, Monthly Networking Breakfasts, Sphere of Influence events, Restaurant Association Forum, and Quarterly Networking Luncheons. In addition, they also produce various outreach materials including the Business Resource Guide and Business Directory and city map. The Chamber serves as an informational resource center for members and the community at large. In 2007, the Chamber responded to over 57,000 requests for information via phone, walk-in, email, and mail. The Chamber is made up of approximately 1,300 and has represented the interests of the local business community. The Chamber's request in the amount of $151,400 was budgeted in the FY2008-09 Operating Budget. FISCAL IMPACT: Appropriate funding forthe Temecula ValleyChamberof Commerce is available in the FY2008-09 Economic Development Department Operating Budget #001-11-999- 5264. ATTACHMENTS: 1A Temecula Valley Chamber of Commerce Supportlnformation 1 B City/Chamber Operating Agreement ATTACHMENT 1A TEMECULA VALLEY CHAMBER OF COMMERCE SUPPORT INFORMATION ' 4 -' CITY OF TEMECULA Fiscal Year 2007-08 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR PROFESSIONAL ORGANIZATIONS (Please print or Type) Fiscal Year Fundin 2008/2009 g RE~£!V~[D Organization Name Temecula Valley Chamber of Commerce C TMAO ~ ~ ~~~~ 1CE~~~ Amount Requested $ 151,400 Amount Received From City In Prior Year $ 151,400 --------------------------------------------------------------- --------------------------------------------------------------- ORGANIZATION DATA Name of Organization: Temecula Valley Chamber of Commerce Contact Name: Alice Sullivan Title/Position: President/CEO Mailing Address: 26790 Ynez Court. Temecula CA 92591 Telephone: (951) 676-5090 Fax: (951) 694-0201 E-Mail: asullivan@temecula.ore Size of Organization: Staff: 12 Board Members: 22 Membership: 1 328 State the Number of years that your organization has provided services benefiting the Community 42 How many years has the City of Temecula Sponsored your organization? 17 Is this organization incorporated in California as anon-profit organization? Yes XX No If "yes" -Date of Incorporation as anon-profit: August 25, 1966 Is your organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does your organization make its event available to all? Yes XX No FINANCIAL STATEMENTS Application Page 2 This Paee Must Be Completed And Submitted (Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, Please attach the organization's current budget for the organization. Balance Sheet as of Seotember 30. 2007 Assets Cash and Investments $ 426,114 Receivables (detail) Inventory Fixed Assets Other Assets Total Assets $ 1,556.883 Audited: Yes XX No Liabilities & Fund Balance Current Payables Notes Payable $ 5,534 $ 781,884 Fund Balance Total Liabilities & Fund Balance $ 787,418 Income Statement for the Year ended June 30, 2005 Audited: Yes XX No Income Fundraising Events -Luncheons $ 325,800 Grants Membership -Cash, $ 402,465 - In Kind $ City Funds $ 151,400 Expenses Salaries $ 366,854 Operating Expenses $ 353,197 RenUMortgage $ 49,270 Other Expenses $ 249,475 Other Sources ~ 150,218* * Lease Income, publication royalties l Please note with an asterisk (*) any amounts that require additional explanation, and comment on - these items. $ 1,130,318 SIGNATURE PAGE Application We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By: Alice Sullivan, President/CEO NAME AND TITLE (Please Print or Type) (Signature) President or Authorized Offrcer: Alice Sullivan, President/CEO NAME AND TITLE (Please Print or Type) (Signature) Organization: Temecula Vallev Chamber of Commerce (Organization Name) 26790 Ynez Court, Temecula, CA 92591 (Mailing Address of Organization) f951) 676-5090 March 8, 2008 (Telephone) (Date) BE SURE TO INCLUDE THE ORIGINAL PLUS 4 COPIES (TOTAL OF 5 COPIES) AND SUBMIT TO: Mail Completed Applications to: City of Temecula Economic Development Funding Program Aaron Adams, Assistant City Manager Post Office Box 9033 Temecula, CA 92589-9033 Or Deliver in Person to: "City of Temecula Economic Development Funding Program Aaron Adams, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 QUESTIONS Application Page 3 Professional Organization 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Mission Statement: The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth while protecting the environment for all businesses and by doing so, support the programs which preserve and improve the quality of life for the entire community. Goals: To encourage the growth of existing member industries and businesses. To assist legitimate firms or individuals seeking to locate to the Temecula Valley. To serve as a responsible representative for all business legislation and activity that affects the overall welfare of our members. To serve as an informational resource center for members and the community at large. Core Values: Create a Strong Local Economy; Represent Business with Local Government; Provide Networking Opportunities; Promote the Community and Influence Political Action. The Chamber represents and promotes the area's economy and encourages business and industrial investment. Our members, volunteers and staff worked diligently to improve the j quality of the organization and future prospects for our community. We believe that the Temecula Valley Chamber of Commerce continues to assist both member and non-member employers and the overall community by continuing to coordinate the following events: o State of the City Address o Awards Gala Event & Business of the Year programs o Business & Economic Forecast Conference o Legislative Summit o Business Expo o Networking events o Women In Business o Business Success Forums - Marketing; Human Resources; Target Marketing; Customer Service; Accounting/Quickbooks; Tax Planning, etc. o Power Networking Workshops o Technology Expo o Candidates Forum o Partners In Learning o Ribbon Cutting and Grand Openings to promote businesses o The Southwest Legislative Council reviewed and took positions on 58 initiatives in 2007, communicating these positions to over 2,500 members throughout Temecula, Murrieta and Lake Elsinore. The Chamber provides access to a complete list of members who have the expertise needed to assist member businesses to manage the financial, organizational and marketing issues. Asa reliable source of information the TVCC services all inquiries requesting area information such as visitors guides, demographics, city maps, relocation guides, homes & rental information, website, newsletters, e-commerce. News and the 2007/2008 Business Resource, Guide and Business Directory. In 2007 the TVCC responded to over 57,000 "''~ requests for Relocation, Tourism, and Business information via phone, walk-in, email, and mail. In addition, the Chamber's CEO assisted the City with organizing a manufacture's Mayor's Breakfast and visited large businesses for business retention visits throughout the year. The Chamber's CEO is the liaison between the City/Utility companies and the business community on specific issues facing the business. This service serves as a positive benefit for the economic development of the business community. 2. Does your organization submit to Staff the required information, monthly reports, financials, etc. on time? Yes 3. Explain how your organization has worked well with the community to achieve your goals? Assisting the business community is one of the premier goals of the Temecula Valley Chamber of Commerce. The Chamber has partnered with the Small Business Development Center to offer business counseling services twice monthly. The SBDC also provides quarterly Small Business Training Workshops, offering detailed information on key business issues such as employer taxes, opportunities for doing business with the Government and SBA loans. In 2007 the SBDC has provided counseling sessions and topic-based seminars to over 50 business owners and potential entrepreneurs. The TVCC provides meeting space to SCORE representatives who offer weekly counseling services to individuals, assisting them ~ to start, grow, and manage their businesses. In 2007 SCORE representatives counseled over 200 potential entrepreneurs. The Temecula Valley Chamber of Commerce, as a founder and partner in the Southwest California Legislative Council, a regional coalition, strives to take a proactive role in legislative issues of importance to our members and the residents of Temecula. The Southwest California Legislative Council established a regional advocacy-based website which is available to members, which tracks and publishes information on pertinent legislation that may impact the economic viability of the region. The Temecula Valley, Murrieta and Lake Elsinore Valley Chambers tracked 58 potential new laws in 2007 that might have impacted the Temecula Valley business region. The SWCLC increased their working relationship and doubled their efforts in terms of the issues that were tracked with our state legislators this past year. In 2007, all area legislators voted with the SWCLC 100% of the time, a major accomplishment in representing the interests of Temecula businesses with government. In light of the current economic trends the Chamber strives to be proactive and offer members increased opportunities to succeed. The TVCC has created several additional networking programs specifically aimed to provide new arenas for businesses to meet and partner with one another. These events include: o Monthly Business Mixers o Business Women Advocates o Monthly Networking Breakfast o Sphere of Influence events 0 5-Minute Networking o 55+ Networking o Networking Workshops o Friday Morning Coffee o Quarterly Networking Luncheons o Restaurant Association Forum 'P) The Temecula Valley Chamber of Commerce provides meeting space to many local non- - profit organizations such as SAFE, Dorland Mountain Arts Colony, Susan G. Kmen, The Arts Council and Partners in Education. TVCC provides Southern California Edison conference room space for monthly Energy saving workshops for businesses in the Los Angeles, Orange and Riverside County regions. This service is also offered to the Small Business Development and SCORE for counseling sessions and quarterly special topic events. 4. Please describe your financial reporting? The TVCC operates on a modified cash basis. An independent accounting firm compiles our financial information and provides statements of financial position and activity to the Board of Directors for their review on a monthly basis. The Chambers financial statements are audited on a bi-annual basis. The financial statements for 2006-07 were audited, providing a standard clean opinion with no internal control weaknesses. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the organization's accomplishments. Are there any notable operations and/or program changes? If so, please explain. o In November of 2007 the TVCC launched a new website, offering a new look, highlighting strategic partnerships and providing useful information to residents, visitors and members. A job link page has been added to assist employers and potential job seekers. In 2007, 181,800 pages were viewed on the Chamber's website. o Offering members additional opportunities to meet and network with other businesses has been a key focus of the TVCC in 2007. In addition to the monthly mixers, networking breakfasts, networking luncheons and ambassador socials, the Chamber added the monthly 5-Minute Networking event. o The Women In Business event was new in 2007 which was designed to offer women a great resource for balancing work and life. Over 100 women attended this informative event. o Spreading the word about the TVCC's programs was vastly increased in 2007 through multiple media partnerships. Chamber events and programs were promoted in The Californian, The Valley Business Journal, KFRG radio, Valley News, 951 Magazine, Under the Sun and 94.5 radio. o Through membership in the TVCC, members can receive significant discounts on office products through our partnership with Office Depot. Additional discounts are offered by Sherwin Williams and FedEx. o The TVCC Education Committee has merged with the Partners In Education, increasing their efforts to partner with members of the TVUSD and the business community. The Partners In Education works to coordinate with the TVUSD to ensure that all students leave school with the academic, technical and employability skills necessary to be successful in the 21st century workplace. o In 2007 over 15,000 unique visitors logged on to the SWCLC's website, www. Southwestcaliforniaadvocacy.biz. 2,500 members within the Southwest California area received E-Alerts regarding legislative issues of key importance to businesses in the area, urging them to take action regarding pending legislation. The SWCLC is "'-~ diligent in creating partnerships with various groups and coalitions in an effort to strengthen our position and ultimately expand the credibility of the coalition. o In April, a group of 15 local representatives attended the California Chamber of Commerce Volunteer Leadership Conference and Legislative Summit, and addressed the state legislators to discuss areas of concern including transportation and healthcare. o At the 2007 Legislative Summit panelists participated in addressing areas of interest to including California's economy, transportation infrastructure and reliable water sources. o Over 300 business members gathered for the 2006 Business and Economic Outlook event, at which economist John Husing presented the indicators of local economic performance, including demographics, market data, industrial structure, residential and commercial real estate activity. o In 2006 nearly 700 guests attended the State of the City address, which highlights the City's accomplishments and vision for the future. The City and TVCC staff continually strives to enhance our attendees' experience by consistently improving. on the production elements included in this event. o In 2007 the Chamber published 15,000 Business Resource Guides and Business Directories. The guide offers an array of information on shopping, entertainment, Temecula history, relocation information, school statistics, economic profile and the Chamber member directory. During the year, the Business Resource Guide & Directory is distributed to business and visitor locations throughout Temecula. o The 16th Annual Business Expo successfully promoted 60 area businesses. ~ o The TVCC Business Development Resource Committee partnered with Friends of the Temecula Library creating the Partners In Learning program and assisted in raising $15,000 for the purchase of business related books to fill the shelves of the new library. o TVCC Monthly Newsletter - 1,600 copies of Temecula Today newsletter are distributed to the business membership, city and legislative officials. The publication contains relevant labor law changes, business promotions and information on issues that will help them succeed. The TVCC provides the City afull-page each month, highlighting programs and other pertinent community information. o Expanding our methods of communication, members receive weekly a-mail calendars informing them of upcoming programs and events. The TVCC continues to provide a monthly E-commerce Newsletter to TVCC members. This newsletter has been very successful at keeping the membership up-to-date on current issues and programs. o For the fifth year, the Chamber participated in the City of Temecula's Star Spangled 4th of July, offering local residents community, Chamber information and giveaways. o Power Networking Workshops are held monthly, which offers members the opportunity to learn and master the art of networking. o The TVCC continues to assist with the implementation of the Student of the Month and Student of the Year programs, recognizing the achievements of deserving students. These are a few of the existing and newly formed programs we have implemented throughout the year. New For 2008 o The TVCC recently completed a 3-year strategic plan and will begin implementation of the goals, designed to increase membership, greater utilization of technology, and expand our influence on policy issues of interest to business. o Recently added networking events and activities: 55+ Networking, Sphere of Influence, Young Business Professionals, Healthcare Symposium and Restaurant Association Forum. o The TVCC coordinated a Chamber Trip to China, allowing 280 travelers the opportunity to tour Beijing and Shanghai as well as attend a Business Partners Dinner for a unique opportunity to meet with other business leaders in China. ATTACHMENT 1B CITYICHAMBER OPERATING AGREEMENT C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc OPERATING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement is made and effective as of this 26th day of August, 2008 , by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CHAMBER OF COMMERCE ("CHAMBER"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City} and its possibilities as such to residential, industrial, tourist and business interests. B. The CHAMBER has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carryon promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on August 26, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless loaner terminated pursuant to the provisions of this Agreement. 3. SERVICES. CHAMBER shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CHAMBER shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. CHAMBER shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. CHAMBER shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CHAMBER hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay quarterly, in accordance with the payment rate and term 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 spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed One Hundred Fifty-One Thousand, Four Hundred Dollars and No Cents ($151,400) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc b. CHAMBER shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CHAMBER shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CHAMBER at the time City's written authorization is given to CHAMBER far the performance of said services. In the event the City should desire any additional service, CHAMBER shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City and the CHAMBER, as herein provided, the City will pay to CHAMBER the cost thereof, and the CHAMBER shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of CHAMBER showing the basis of said claims, and certified by proper officers of CHAMBER. CHAMBER shall not be entitled to receive any compensation for the normal services or expenses. c. CHAMBER will submit invoices quarterly far actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CHAMBER the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the CHAMBER will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The CHAMBER's failure to comply with the provisions of this Agreement shall constitute a default. In the event that CHAMBER is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CHAMBER for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CHAMBER. If such failure by the CHAMBER to make progress in the performance of work hereunder arises out of causes beyond the CHAMBER's control, and without fault or negligence of the CHAMBER. it shall not be considered a default. b. If the City Manager or his delegate determines that the CHAMBER is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CHAMBER with written notice of the default. The CHAMBER shall have C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc {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 CHAMBER fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. CHAMBER shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. CHAMBER shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CHAMBER shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the CHAMBER. With respect to computer files containing data generated for the work, CHAMBER shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The CHAMBER agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of CHAMBER's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. CHAMBER shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the CHAMBER, its agents, representatives, or employees. broad as: a. Minimum Scope of Insurance. Coverage shall be at least as C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the CHAMBER owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the CHAMBER has no employees while performing under this Agreement, worker's compensation insurance is not required, but CHAMBER shall execute a declaration that it has na employees. than: b. Minimum Limits of Insurance. CHAMBER shall maintain limits no less 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the CHAMBER 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 CHAMBER; products and completed operations of the CHAMBER; premises awned, occupied or used by the CHAMBER; or automobiles owned, leased, hired or borrowed by the CHAMBER. The coverage shall contain na 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 CHAMBER'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 C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc City, its officers, officials, employees or volunteers shall be excess of the CHAMBER's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The CHAMBER'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 ar in limits the CHAMBER shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. CHAMBER shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the CHAMBER's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. CHAMBER 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 CHAMBER shall at all times be under CHAMBER's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or agents except as set forth in this Agreement. CHAMBER shall not at any time ar in any manner represent that it ar any of its officers, employees or agents are in any manner officers, employees or agents of the City. CHAMBER shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CHAMBER in connection with the performance of this Agreement. Except for the fees paid to CHAMBER as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CHAMBER for performing services hereunder for City. City shall not be liable for compensation or indemnification to CHAMBER for injury or sickness arising out of performing services hereunder. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc 12. LEGAL RESPONSIBILITIES. The CHAMBER shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The CHAMBER shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CHAMBER to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by CHAMBER in performance of this Agreement shall be considered confidential and shall not be released by CHAMBER without City's prior written authorization. CHAMBER, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager ar unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided CHAMBER gives City notice of such court order or subpoena. b. CHAMBER shall promptly notify City should CHAMBER, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CHAMBER and/or be present at any deposition, hearing or similar proceeding. CHAMBER agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CHAMBER. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, {ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: Shawn Nelson, City Manager C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc To Consultant: Temecula Valley Chamber of Commerce 26790 Ynez Court, Suite A Temecula, CA 92599 Attention: Alice Sullivan, IDM, President/CEO 15. ASSIGNMENT. The CHAMBER shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, CHAMBER's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the CHAMBER. 16. LICENSES. At all times during the term of this Agreement, CHAMBER shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and CHAMBER understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc 18. PROHIBITED INTEREST. No officer, or employee of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the CHAMBER, or CHAMBER's sub-contractors for this project, during his/her tenure or for one year thereafter. The CHAMBER hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the CHAMBER or CHAMBER's sub-contractors on this project. CHAMBER 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. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of CHAMBER warrants and represents that he or she has the authority to execute this Agreement on behalf of the CHAMBER and has the authority to bind CHAMBER to the performance of its obligations hereunder. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc 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 FORM: Peter M. Thorson, City Attorney TEMECULA VALLEY CHAMBER OF COMMERCE 26790 Ynez Court, Suite A Temecula, CA 92591 (951 } 676-5090 By: Stan Harter Chairman of the Board Bv: Name: Alice Sullivan, IOM Title: President/CE0 By: Name: Janet Beck Title: Secretary By: Name: Bette Endresen Title: Treasurer C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Chamber of Commerce shall undertake, during the 2008-09 fiscal year, to carry on promotional activities on behalf of the City of Temecula and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carryon the promotional activities herein stated. 2. To promptly answer correspondence relative to the local business, industrial, and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Southwest California Legislative Council. Track legislation through the Legislative Advocacy Policy. 4. Offer meeting space to SCORE representatives to offer counseling services to newly starting and expanding businesses. Offer meeting space for counseling from the Small Business Development Department. Offer meeting space to local non-profit organizations such as Safe Alternatives For Everyone (SAFE), Dorland Mountain Arts Colony, The Arts Council and Partners in Education. 5. Develop and execute marketing seminars. 6. To assist potential businesses in opening and relocating to Temecula. 7. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 8. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 9. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President(CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 10. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 11. Produce and update relocation packets for new residents. 12. Provide demographic information to interested individuals. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc 13. Organize events to promote goodwill in the City such as the Legislative Summit, Business Expo, Technology Expo, Candidates Forum, State of the City Event (20 seats), Annual Awards Gala (20 seats), Chamber Golf Tournament (5 entries) and Economic Forecast Conference (10 seats). 14. Maintain and update Chamber web site. 15. Update and reprint City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. 16. Provide networking activities to assist women and minority business owners. 17. The President/CEO of the CHAMBER shall provide to the City Manager and Assistant City Manager a copy of the activities monthly report submitted to the CHAMBER Board of Directors. Said report shall be prepared in a format acceptable to the City and is requested by the second Wednesday of each month. 18. CHAMBER shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the CHAMBER. This financial audit of the CHAMBER should to the City no later than February 27, 2009. The financial summary report on how funds were expended and used t and shall include documentation, including but not limited t and cancelled checks to support the Operations Funding. be completed and submitted audit shall provide a general o benefit Temecula residents o, copies of invoices, receipts C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the promotional activities and services performed by the CHAMBER for the City of Temecula, as set forth in Exhibit "A" hereof, City hereby agrees to pay CHAMBER, during the term of this Agreement, the sum of One Hundred Fifty-One Thousand, Four Hundred Dollars and No Cents {$151,400} far the fiscal year 2008-09. The sum of $151,400 for the fiscal year 2008-09, is payable upon receipt of invoice quarterly beginning on execution of the Agreement. This shall be considered a payment for services rendered from July 1, 2008 through June 30, 2009. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892839.doc ITEM R1C~. 7 Approvals ~Q City Attorney s~~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: August 26, 2008 SUBJECT: Approval of Temecula Valley Convention & Visitors Bureau FY2008-09 Marketing Agreement PREPARED BY: Gloria Wolnick, Management Analyst RECOMMENDATION: That the City Council approve the Marketing Agreement which provides City Marketing Funding Support of $120,000 to the Temecula Valley Convention & Visitors Bureau (CONVIS). BACKGROUND: The Temecula Valley CONVIS is committed to build strong advertising and marketing programs to "Brand Temecula" as a premier year-round resort and business destination by stimulating economic growth and tourism to our region through developing, expanding, and marketing our destination to conventions, meetings, and the leisure travel markets. The City Marketing Funding of $120,000 will provide funding for advertising (printed marketing and media), familiarization (FAM) tours/site visits and trade show participation for the Leisure Travel Market. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington), and staff met to discuss the Economic Development funding requests on March 27, 2008. The subcommittee has recommended approval of this amount and the City Council subsequently approved this funding in the FY2008/09 Operating Budget. A sampling of the marketing and sales highlights for Fiscal Year 2007 - 2008 include the following: FY 2007-08 Marketing Highlights • CONVIS implemented a comprehensive Marketing and Advertising Media Buy Plan with over $450,000 strategically resourced in media outlets covering: magazines, newspapers, online websites, trade shows, local events, Highway Billboard on I-10/I-215 Freeways and Fashion Valley Mall banners. • CONVIS generated more than $120,000 in accommodation revenue and attraction revenue and attraction tickets through its online booking engine, an 89% increase over 2006. Initiated Brand Development Campaign for regional brand positioning. This campaign will be unveiled in September 2008. Generated more than 80,000 visitor inquiries through phone-in, walk-in, email and website sources, a 38% increase over 2006. FY 2007-08 Sales Highlights • Through sales efforts, 2007 average occupancy increased to 73.9°~ a 1.9% increase over 2006. • Attended 15market-diverse Trade Shows promoting the Temecula Valley to thousands of meeting planners, leisure travelers, travel professionals, media and journalists. • Processed 95 Sales and Catering Leads for a total of 13,805 possible room night opportunities. • Created strategic sales and marketing campaign to over 1000 meeting planners in California. Email blasts, postcard mailers, meeting planner guide kits and Temecula Valley calendars were used as promotions. FISCAL IMPACT: Adequate funds for the Temecula Valley Convention & Visitors Bureau marketing funding have been included in the FY2008-09 Operating Budget (Economic Development line item, account #001-11-999-5264} for the recommended sponsorship amount of $120,000. ATTACHMENTS: Attachment A -Temecula Valley CONVIS Marketing Program and Budget Attachment B - Temecula Valley CONVIS 2007-'08 Annual Report Attachment C -Marketing Agreement ATTACHMENT A TEMECULA VALLEY CONVENTION & VISITORS BUREAU MARKETING PROGRAM AND BUDGET CITY OF TEMECULA Fiscal Year 2007-08 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR PROFESSIONAL ORGANIZATIONS ;~~~~~li9EC~ (Please print or Type) ~=~a', ~ ~ w~~~ Fiscal Year Funding 2008/2009 cerv~ fl~aq„~;i,E7c,a~ OwFl~~ Organization Name Temecula Valley Convention & Visitors Bureau Amount Requested $ 120,000 Amount Received From City In Prior Year $120,000 --------------------------------------------------------------- --------------------------------------------------------------- ORGANIZATION DATA Name of Organization: Temecula Valley Convention & Visitors Bureau Contact Name: Kimberly Adams Title/Position: President & CEO Mailing Address: 26790 Ynez Court, Temecula CA 92591 Telephone: (888) 363-2852 Fax: (951) 694-0201 E-Mail: kimberly@temecula.org Size of Organization: Staff: 9 Board Members: 19 Membership: 115 State the Number of yeazs that your organization has provided services benefiting the Community 3'/z years How many years has the City of Temecula Sponsored your organization? 3'/z CVB- 17 yeazs Chamber- Tourism Is this organization incorporated in California as anon-profit organization? Yes XX No If "yes" -Date of Incorporation as anon-profit: December 2004 FINANCIAL STATEMENTS Application Page 2 available to all? Yes XX No This Page Must Be Completed And Submitted Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, j Please attach the organization's current budget for the organization. TEME CUL.A V A L L E Y Convention and Visitors Sureczu Temecula Valley Convention & Visitors Bureau 2008- 2009 City Marketing Tourism July 1, 2008-June 30, 2009 Tourism Rack Brochure $29,000 Trade Show $ 8,000 FAM Tours $ 3,000 Ad Design/Out of Film $ 5,000 Advertising $24,500 Co-op Advertising $10,000 Rack Service $11,500 CD Rom $ 4,000 Southwest $ 15,000 Co-op Advertising Billboard $ 10,000 Total Tourism $120,000 ,f ,~ For the 2008-2009 Budget Period the Temecula Valley Convention & Visitors will maintain the programs developed by the City of Temecula. Tourism Rack Brochures Expense $29,000 1. Reprint tourism rack brochures for Temecula 2. Distribute brochure through rack service in SD, Orange County, LA County and Palm Springs. Hand out at Trade Show and in Temecula CVB Press Kits -4 Trade Show Expense $ 8,000 1. Participate in tourism trade shows focusing on the leisure markets 2. Efforts will be made in the San Diego and LA Markets (attend LA and SD Travel Show) FAM Tours Expense $ 3,000 1. Develop and support FAM tours for Media, Meeting Planners, Tour and Trade. 2. Partner with the community to establish itinerary for hotels, restaurants, wineries, golf, ballooning and old town Ad Design/Out of Film Expense $ 5,000 1. Re-Design City ads to meet layout specifications Advertising Expense $24,500 Co-op Advertising Expense $10,000 1. Pursue media co-operative advertising buys with other area organization and tourism business, San Diego Convis, Orange County Convis, Inland Empire, and the Temecula Valley Wine Growers Association to leverage Temecula's advertising budget 2. Place ads in tourism industry trade publications, guide books, magazines and special selections, and Internet Rack Service Expense $11,500 1. Rack service distribution through San Diego and Orange Counties, Palm Springs, San Diego Corporate and Phoenix, AZ Corporate. Position Temecula with the Temecula Valley Winegrowers rack brochure in designated areas 1 yg,~ CD Rom Expense $ 4,000 1. Update and reprint current Temecula CD Southwest Airlines Expense $15,000 1. Event, hotel and airline packaging Co-op Advertising Billboard 1. Event, hotel market Expense $ 10,000 Total Tourism Marketing 120 000 F,.... _. }eff Nigro.. CPq. .,Etizabeth Nigro, fiP!f ctids`ty White: CriA ~<. f1M1LiRRtEPA.OFFICE .pry; 95!_69&,8783 FAX; 4SI.694.14Gd 2§ArJ4leffetson Avenue. Murr{eia; CA 42562 Sr1N:t7iEGO4FF{GE 1?H: b 19.270.8222 fi1X: 81g.264~R85 2727 Camino net Rto9. SuiCe 2t9 San Diego, GA.9214$ MEMBERS O): . Ameneaninstltuee of t_'PA5 Cali€omia Sudety of CPAs • Gaiffom(aAssadafign a{ $ehaa9 Business O(ficia(s • Gommuniiy Associations Institute- To the Board of Directors Temecula Valley Convention & Visitors Bureau Temecula, California We have compiled the accompanying Statement of Financial Position of the Temecula Valley Convention & Visitors Bureau as of January 31, 2008, and the related statements of activity and cash flows for the eleven month period then ended, in accordance with Statements on Standazds for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of the management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. The management has elected to omit substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the fmancial statements, they might influence the user's conclusions about the Organization's financial position, results of operations, and cash flows. Accordingly, these financial statements aze not designed for those who are not informed about such matters. The supplementary information consists of a comparison of the annual budgeted amounts. to the actual amounts for the eleven month period then ended. The supplementary information also includes a breakdown of the 2006/07 grant carryover amounts and the a+eiual expenses applied for the eleven month then ended, We have compiled the supplementary information from information that is the representation of management of the Temecula Valley Convention & Visitors Bureau without audit or review. Accordingly, we do not express an opinion or any other form of assurance on the supplementary information. We aze not independent with respect to the Temecula Valley Convention and Visitors Bureau. lVEBSiTE vnvW:nmvcp?.corn. Febnraty 9, 2008 Murrieta, California Gunssd 6y tkeQalijanfrq `Barad a(AatauntanCy- A Pro(essidtutt Auauntanc~. Corporation TEMECULA VALLEY CONVENTION AND VISITORS BUREAU Statement of Financial Position January 31, 2008 ASSETS Cash $ 129,604 Accounts Receivable 84,000 Prepaid Expense 153 Inventory 11,478 Property and Equipment Furniture & Fixtures 7,881 Equipment 4,183 Less Accumulated Depreciation (1,546) TOTAL ASSETS $ 235,753 LIABILITIES AND NET ASSETS LIABILITIES Payroll Taxes Payable $ (48) Retirement Plan Payable 1,520 TOTAL LIABILITIES 1,472 NET ASSETS Unrestricted 168,824 Temporarily Restricted 65,456 TOTAL NET ASSETS 234,281 TOTAL LLABILITIES AND NET ASSETS $ 235,753 ~ See accompanying acrnuntants' report. -2- _,-.,2 TEMECULA VALLEY CONVEN77ON AND VISTTORS BUREAU Statement of Activities _ For the Eleven MontFt Period Ending January 31, 2008 REVENUES, GAINS. AND OTHER SUPPORT TID Funding City Marketing Grant Conxributions Program Service Revenues Website Advertising Membership Dues Merchandise Sales Misc Income Interest Income Nec Asses Released Fmm Res[ricriom: Granc Restrimoas SatisEed TOTAL REVENUES, GAINS, AND OTHER SUPPORT EXPENSES Cost of Merchandise Sold Program Services Advertising-Printed Marketing Marketing Personnel Cosrs Advertising-Website Advertising-Media Marketing Contractor Costs Trade Show Participation Travel & Entertainment Event Hosting-Local Community Promotional Ixems Dues & Subscriptions FAM Tours/Site V isirs Lodging Event Has[ing-Industry Sales Fulfillmenx Cash Short Operational Personnel Costs Rent Professional Fees Office Supplies Insurance Telephone Printing Credit Card Processing Postage Repairs TOTAL EXPENSES CHANGE IN NET ASSEIS NET ASSETS AT BEGINNING OF YEAR .....y,,.o...r Unrestricted Restricted Total $ - $ 563,I53 $ 563,153 - 134,556 134,556 300,000 - 300.000 18,963 - 18,963 8,425 - 8,425 8,956 - 8,956 325 - 325 3,952 - 3,952 822,242 (822,242) (0) 1,162,862 (124,534) 1,038,329 5,246 - 5,246 732,581 - 732,581 52,494 - 52,494 23,716 - 23,716 20,335 - 20,335 20,166 - 20,166 18,848 - 18,845 15,872 - 15,872 7,419 - 7,419 5,551 - 5,551 4,672 - 4,672 3,515 - 3,515 3,504 - 3,504 1,920 - 1,920 702 - 702 13 - l3 213,886 - 213,886 40,381 - 40,381 28,335 - 28,335 24,248 - 24,248 9,012 - 9,012 5,908 - 5,905 4,716 - 4,716 2,273 - 2,273 726 - 726 200 - 200 1,246,537 - 1,246,537 (83,675) 252,499 - (124,534) (208,208) 204,546 457,045 ADJUSTMENT FOR RESTATEMENT - (14,556) (14,556) NET ASSETS AT BEGINNING OF YEAR, AS RESTATED 252,499 189,990 442,489 .~ "- NET ASSETS AT JANUARY 31, 2008 $ 168,824 $ 65,456 $ 234,281 See accompanying accountants' report _3_ TEMECULA VALLEY CONVENTION AND VISTfORS BUREAU Statement of Cash Flows ~~ For The Eleven Month Period Endin an 31 2008 g J uary > CASH FLOWS FROM OPERATING ACTIVITIES Decrease in Net Assets Adjustments to reconcile change in net assets to net cash used by operating activities: (Increase) decrease in operating assets: Accounts Receivable Prepaid Expense Inventory Increase (decrease) in operating liabilities: Accounts Payable Payroll Taxes Payable Deferred Revenue Retirement Plan Payable NET CASH USED BY OPERATING ACTIVITIES NET DECREASE IN CASH BEGINNING CASH ENDING CASH $ (208,208) 5,054 16,256 (9,002) (38,903) (99) (14,556) (532) (249,991) (249,991) 379,595 $ 129,604 See accompanying accountants' report. -4- Supplementary Information ~~`~ Temecula Valley Convention 3 VlsRore' Bureau Budget to Actual Report For The Eleven Month Period Ending January 31, 2008 GenerelFUnd Actual Thru 01(31106 Annual Budget S Oved(Under) Budget Income Advertising - Wetnilte 18,983 15,600 3,363 Funding 300,000 300,000 - Investment Revenue 2,373 - 2,373 Membership Dues 8,425 12,000 (3,575) Salea•Puhlleations - 20,000 (20,000) MerohandlaeSales 8,9513 72,000 (63,044) Tatallncome 338,716 419,600 (80,884) Ezperree Cost of Goods Sold 5,246 60,000 85,246 Advertising-Marketing 185,867 134,213 51,854 Advertising-Website 15,835 8,070 7,785 Advertlsing-Media 5,341 - 5,341 Credit CardProcessing 2,139 - 2,139 Cash Over/Short 13 - 13 ContrectLabor 10,042 - 10,042 Duss 3 Subserlptlona 2,142 930 1,212 Event Hostng, Industry Salea 1,920 3,200 (1,280) Event Hosting, Local CammunHy 7,379 6,950 429 FAMTourslSiteVlsits 1,180 - 1,180 Fulfillment 702 - 702 Insurance 4,186 3,368 818 Maintenance Contracts - - Mlatellaneous ~ - _ _ Ofilce Supplies 20,874 20,500 374 Pereonnel Coat -0peretlonal 127,599 15D,473 (22,874) Postage 486 - 466 Printing - _ _ Professional Fees 3,606 1,800 1,806 Promotional kerns 137 - 137 Rent 19,876 17,996 1,880 Repalre _ _ - Telecommuniwfions 5,034 4,900 134 Trade Show Parlielpagon - - _ Travel 8 Entertainment 3,649 7,200 (3,551) Lodging 739 - 739 Total Expense 423,971 419,600 4,371 Net Income (Bb,255) (65,255) Costort3ooo§So/d: Buoget/neludes al/purchases(pu~chases sa/tl sndpurchases fn /nventorYl The Inventory rama/nfng at 01/31Ma b S 11,678. See Accompanying AccouMalHS' Report Temecula Valley ComreMion 6 Vhtitore' Buresu Budget in Actual Report For The Eleven Month Period Ending January 31, 2008 TID Fund Actual Thru 07!31!08 Mnual Budget S Over!(Under) Budget Income Funding 563,153 532,000 31,153 Investment Revenue - 6,000 (6,000) Mlsc Income 325 - 325 Total Income 563,477 538,000 25,477 Expense AdvertisinglMarkeUng 390,785 408,600 (17,835) Operadonal 145,905 129,400 18,505 Total Expense 536,670 538,000 (1,330) Net Income 26,808 28,808 -,, 1 See Accompanying AcSOUrilairts' Report '.°`„^i Temecula Valley Convention 8: Visitors' Bureau Budget to Actual Report For The Eleven Month Period Ending January 31, 2008 Chy Marketing Fund Income Funding Total Income Expense Advertising/Marketing Total Expense Netlncome Actual Thru 01/31/06 Annual Budget f Over/(Under) Budget 120,000 83,000 37,000 120,000 83,000 37,000 81,351 83,000 (1,649) 81,351 83,000 (1,649) 38,649 38,1149 See Aaomperrying AcoouMants' Report f`i ~ ~ F ~ K 7 H W A O F a ~ c r 3 LL m > O Z U C m ++ m ~ a F m m c m n ~ x mw t~ m' .°~o O N w _m ~ ~ F ~ V C •~ O ~ C' O e o U m d > > °. E m- ~ E v m m 'o r~ cD fO fD ~ f0 N C0 I~ ~ N N O F O OD O 1~ ~- W 0 O O N S O N (O 0l f0 f0 V] O) O d) 0 ^ N r N V) Ol ~ tp < ~ c0 ~ < O ~ N t0 f~ OD 01 v < n 0 < Op 1~ r ~ V N W < N N ~ V' O <O N 0I N c0 0 ~ n ~ N ~ 0 ' W ~ 01 O 47 N (O O (O N GD 1~ to N N V OD O a0 O 1~ < ~ OO O O] N N O N (D a0 f0 f0 (O O O ~ aD N 1~ N (O Of 0 ~ ~ ~- Ov 00 O O N 0J 1~ `-' W ^ ~ n O < CD W ~ 1~ f0 O N Oi < N N ~ V O v [O O/ O] < ~p r O O OO (O 0 f0 N N (7 tp N aO tO tD O GD O 1~ W Q) m a} < t~ O N 0 < l") f~ [p O O V GO N N 1~ 0] N O Q < ~ < O Q) n n N ~ Q O f7 < < 1~ 0 r ' n N O N N ~ cp b N ~ 0 ~- N N ~ O O O O O O O O O O O O O t D C 0 ~n c o 0 o o v o 0 0 o O o m m x0 0 0 ' N ' N G0 N ' OD N O V ' O fO ' GD m R 1~ r C N D < ~ aD V O ~ fD N 0 O pJ < 0 ~ ~ •C C ~ r Y N ~ c m o m o.c c~ m m m o u c o~ .~~.~ mm« m m p ~r•R a3 oaiazm~ ~_ a~ati ~ :.. - m oiwa cr+~aU A ~ E~ 3c v m ee_cmr'noo>>m o0 oBEoW m c ~ •aD •i0 mLLy~y22 OV1 c mrnc p 0 ~ O N~ c ~m mec m>>>coomf°Lme•mEeo.mv~.Sax ~- cvvvm>>>QE:mo2~:m m t0 eLLm m¢aamowwaoaaaaarc~~FF.~~~ e F w ~ m v e LL m O r A 7 V C A (11 m O ~ fD h ~ ~ ~ C O s x cw j A G ~ O m U o ~ N m ~ ~p C A y 7 ~ V ~ E ~ F V a Y A U W3 e a c ~ ~ ~ x ,~ W ,?~+` U R e m Y A T U c Y m Y A U W C r m Y A _~ V m C w m Y ` m m C 0W O1 C 'y~ C ~ ~ ~ W ~ ~ ~ x % 8"o C a a C w TEMECULA V A L L E Y _.....~_ Convention and Visitors Bureau March 17, 2008 ~~~~~® ~~'ts?<< 6 ~ [~~~ Shawn Nelson A'TV' ~+dwR3,4i;Ei2 ~ Assistant City Manager ®FF6C~ City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Re: Economic Development Funding Application for the Temecula Valley Convention & Visitors Bureau Dear Shawn, Attached is the 2008-09 Temecula Valley Convention & Visitors Bureau application for Economic Development Funding. This budget reflects the overall Bureau funding including the Tourism Improvement District, proposed City Marketing Funding and revenue from our private sponsors, fundraisers and membership. The Temecula Valley Convention & Visitors Bureau is committed to build strong Advertising and Marketing programs to "Brand Temecula" as a premier year-round resort and business destination by simulating economic growth and tourism to our region through Developing, Expanding, and Marketing our destination to Conventions, Meetings, and the Leisure Travel Markets. Our 2008-2009 Budget demonstrates our goals and partnerships in Building our Brand. On behalf of our Board of Directors and Membership the Convention & Visitors Bureau wishes to thank you for your support and partnership. Sin erely, 'mb dams President & CEO Temecula valley Convention & Visitors Bureau ATTACHMENT B TEMECULA VALLEY CONVENTION & VISITORS BUREAU 2007= 08 ANNUAL REPORT LEISURE INQUIRIES 4006 4007 %CHANGE bL'sa.k Ins ~ T3,O~fl 27,??rG -t~~'>.s`ia ??3ronz ic3is 25,iSS xt3,'S';S a~i?.S% E-?14esiB ^nequr;s35 P,'35o 3,3~s' ~-i`i"./o ~IIEI t~r6f£r5 12,027 21,~3~ -i )~°~u ~t+e5ss's9e Roan 8oo3ciras ~qr3, 3?; ~-Esr.7°io NiediIIlrquires 133 308 ~-i35% Fta£u5 "sours ~ 7rnde 5?vn+~s 2, S:i '•-°12.2°/n ~~/esafs :fesfsveis 29 3'S ..3.2,'/, Sx'8h83fG lIi5H3'ae5 ;1~i.'7~' '13:?,iz' ~.1E {J%'~o A message from our Chairman As we look back, the Temecula Valley Convention & Visitors Bureau is taking time to reflect on what a very successful year it has been. I am personally grateful for the dedication, productivity and passion of our amazing team at the TVCVB. Their commitment and implementation of our Tourism strategic plan has us well positioned for another exceptional year iri 2008. The evidence is clear. An Upward Trend -Temecula Valley's hotel occupancies have trended positively in 2007 and have continued to outpace national and state trends. We've Grown - We successfully recruited two key Manager Positions and expanded a focused Sales and Marketing effort for our partners and the Tourism community. In all we attended and hosted more than 30 key trade shows and familiarization trips including being a major feature in the prestigious Travel Industry Association's International Pow Wow Tradeshow in April. Partnerships -The TVCVB launched several new key targeted marketing promotions. One of many examples was a new "drive- market" program launched in the summer with billboard presence on the I-10 / I-215 freeways next to Pechanga representation. Also in partnership with The Temecula Valley Winegrowers Association a colorful banner program was unveiled at Fashion Valley Mall. Both of these major initiatives encouraged people to play, stay, taste, shop, golf, dine and explore the Temecula Valley. Showcasing Temecula - In March we opened the doors to a new interactive visitor's center in Old Town Temecula to Display Temecula Valley's unique features and amenities to numerous visitors.. It also serves to provide reservation services to the numerous hotels and restaurants while providing valuable information on the many special event and festival offerings in our region. Educate - In May we presented the Temecula Tourism Impact Study which outlined that Tourism and recreation plays a vital role in the Temecula regional economy with more than half a billion dollars in viskor spending generated in 2006, afour-fold increase from six years earlier.. This positioned tourism as a key player to the economic development viability of our region. We've Grown Again -Our growth moved us to new offices in August, adjoining the Temecula Valley Chamber of Commerce's offices on Ynez Court. Our new headquarter also serves as a second visitor center. A New Vision -The TVCVB inRiated a major branding initiative to achieve strategic positioning and overall brand. recognition for Temecula Tourism. We launched the effort in August with a branding discovery session which was attended by Key Tourism leaders including our Directors and Staff, The City of Temecula, Pechanga, Wine Country, Old Town, and Chamber representatives to name a few. This initiative is anticipated to be released in early 2008. Service First -The TVCVB serviced well over 80,000 tourism related inquiries in 2007. Our team also served over 300 media inquiries, marketed to approximately 3,300 event inquiries and represented Temecula in over 30 Festivals and Events. A new high was achieved in all categories The Temecula Valley Convention & Visitors Bureau has certainly seen an exceptional year. This would not be possible without the unwavering support of our tourism partners and the contribution and endless positive energy of the volunteers and the many dedicated individuals who serve on our board. Together we do make a difference! Thank you for making it a great year for all of us. We look forward to sharing the prosperity that a new year has to offer with friends and neighbors and making new acquaintances with all that visit our Temecula Valley. Denis Ferguson, 2008-2009 Chairman Sales Hiahliahts • Processed 95 Sales and Catering Leads for a total of 13,805 possible room night opportunities • Created Sales Task Force and met monthly to proactively facilitate strategies and needs of TID Hotel Partners • Through sales efforts, 2007 average occupancy increased to 73.9%, a 1.9% increase over 2006, and 6.6% higher than the California State average of 69.3%. • Attended 15 market-diverse Trade Shows offering outstanding opporhxnities to promote and market the Temecula Valley to tens of thousands of meeting planners, leisure travelers, travel professionals, media and journalists • Created strategic sales and marketing campaign to over 1000 meeting planners in California promoting the Temecula Valley as a unique meeting and event destination. Email blasts, postcard mailers, meeting planner guide kits and Temecula Valley calendars were used as promotions. • Partnered with TID Hotels and Pechanga Resort & Casino by making key presentations to Advanced Reservation Systems Inc., (hotel website booking engine) and educating them on the Temecula Valley and lodging offerings. 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 Corporate Apr `07 International Pow Wow, Anaheim, CA Corporate/Int'I Jun'07 Affordable Meetings West, San Jose, CA Corporate Sep'07 ITME The Motivation Show, Chicago, IL Incentive Sep `07 Nat'I Fed. of Republican Women, Palm Springs, CA Corporate/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, Cabazon, CA Media Dec'07 CaISAE Seasonal Spectacular, Sacramento, CA Association Jan '08 Bay Area Travel Show, Santa Clara, CA Leisure Feb'08 lA, Times & Travel Show, Long Beach, CA Leisure Marketina Hiahliahts • Implemented a comprehensive Marketing and Advertising Media Buy Plan with over $450,000 strategically xesourced in the following media outlets: Magazine-Coast Magazine ,Sunset, Los Angeles Magazine, Inland Empire Magazine, Inland Empire Metco, Palm Springs Life, Budget Travel, CA Drives, CA Official Visitors Guide, Southwest Airlines Spirit, Sunset Wme 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~outhwest 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 Marketiug~Spxing & Fall Rod Runs, InYI Pow Wow, Balloon & Wine Festival, Int'1 Jazz Festival, Int'1 Film & Music Festival Ttade Show Marketing-Leisure, Meetings/Coipoxate, Food & Wine, Media, Assocation, Incentive Outdoor~Fashion Valley Mall Banners, Highway Billboazd on I-10/I-215 Freeways • Generated 13 tourism-related Press Releases to stimulate interest and visitation to the Temecula Valley. • Attracted over 232, 700 unique users. to the Bureau's website, a 102% increase over 2006. • Generated more than 8Q,000 total visitor inquiries through phone-in, walk-in, email and website sources, a 38% increase over 2006. • Along with the City of Temecula, completed the first Tourism Impact Study fox the Temecula Valley region • Produced the `07-'08 Temecula Valley Visitor Guide. 60,000 guides were distributed to visitor inquiries, meeting planners, media, local hotels, motels and community businesses • Initiated Brand Development Campaign fox regional brand positioning. • Generated more than $120,000 in accommodation revenue and attraction tickets through our online booking engine, an 89°/a increase over 2006. Fiscal Year 2007- 2008 Pan`nership Funding Budcet Actual Tourism Improvement D istrict $ 532,000 $ 591,439` Private Contributions $ 300,000 $ 300,000 City of Temecula $ 120,000 $ 120,000 Website Advertising $ 15,600 $ 20,728 Sales Publications $ 20,000 $ 13,000 Membership $ 12,000 $ 9,375 Merchandise Sales $ 12,000 $ 8,872 Investment Revenue S 6 000 $ 2 373 Total $1,017,800 $1,085,587 'January & February months inGUtla budgetetl amounts. ATTACHMENT C TEMECULA VALLEY CONVENTION & VISITORS BUREAU MARKETING AGREEMENT C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc MARKETING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS BUREAU This Agreement is made and effective as of this 26th day of August, 2008 , by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CONVENTION & VISITORS BUREAU {"TVCVB"}, a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City} and its possibilities as such to residential, industrial, tourist and business interests. B. The TVCVB has special knowledge, experience and facilities for disseminating tourist information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its tourism advantages. C. Such tourism activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on August 26, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 3. SERVICES. TVCVB shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. TVCVB shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. TVCVB shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. TVCVB shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of TVCVB hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay TVCVB in two equal payments, in accordance with the payment rate and term 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 spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed One Hundred Twenty Thousand Dollars and No C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 2 Cents ($120,000} for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. TVCVB shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. TVCVB shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and TVCVB at the time City's written authorization is given to TVCVB for the performance of said services. In the event the City should desire any additional service, TVCVB shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City and the TVCVB, as herein provided, the City will pay to TVCVB the cost thereof, and the TVCVB shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of TVCVB showing the basis of said claims, and certified by proper officers of TVCVB. TVCB shall not be entitled to receive any compensation for the normal services or expenses. c. TVCVB will submit one invoice for actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT 1NITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten {10} days prior written notice. Upon receipt of said notice, the TVCVB shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to TVCVB the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the TVCVB will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The TVCVB's failure to comply with the provisions of this Agreement shall constitute a default. In the event that TVCVB is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating TVCVB for any work performed after the date of default and can terminate this Agreement immediately by written notice to the TVCVB. If such failure by the TVCVB to make progress in the performance of work hereunder arises out of causes beyond the TVCVB's control, and without fault or negligence of the TVCVB, it shall not be considered a default. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc '~ b. If the City Manager or his delegate determines that the TVCVB is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the TVCVB with written notice of the default. The TVCVB 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 TVCVB fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. TVCVB shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. TVCVB shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. TVCVB shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the TVCVB. With respect to computer files containing data generated for the work, TVCVB shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The TVCVB agrees to defend, indemnify, protect and hold harmless the City, District, andtor Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of TVCVB's negligent or wrongful acts or omissions arising out of or in any way related to the performance ar non- performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. TVCVB shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the TVCVB, its agents, representatives, or employees. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 4 broad as: a. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the TVCVB owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the TVCVB has no employees while performing under this Agreement, worker's compensation insurance is not required, but TVCVB shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. TVCVB shall maintain limits no less 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecttlocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the TVCVB 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 TVCVB; products and completed operations of the TVCVB; premises owned, occupied or used by the TVCVB; or automobiles owned, leased, hired or borrowed by the TVCVB. 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 TVCVB's insurance coverage shall be primary insurance as respects the City, its officers, officials, C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 5 employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees ar volunteers shall be excess of the TVCVB's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The TVCVB'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 TVCVB shall within two {2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. TVCVB shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the TVCVB's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. TVCVB 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 TVCVB shall at all times be under TVCVB's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of TVCVB or any of TVCVB's officers, employees, or agents except as set forth in this Agreement. TVCVB shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. TVCVB shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to TVCVB in connection with the performance of this Agreement. Except for the fees paid to TVCVB as provided in the Agreement, City shall not pay salaries, wages, or other compensation to TVCVB for performing services hereunder for City. City shall not be liable for compensation or C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc ~ indemnification to TVCVB for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The TVCVB shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The TVCVB shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the TVCVB to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by TVCVB in performance of this Agreement shall be considered confidential and shall not be released by TVCVB without City's prior written authorization. TVCVB, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided TVCVB gives City notice of such court order or subpoena. b. TVCVB shall promptly notify City should TVCVB, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent TVCVB andlor be present at any deposition, hearing or similar proceeding. TVCVB agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by TVCVB. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by {I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: Shawn Nelson, City Manager C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc '~ To Consultant: Temecula Valley Convention & Visitors Bureau 26790 Ynez Court, Suite 8 Temecula, CA 92599 (959) 491-6085 Attention: Kimberly Adams, President/GEO 15. ASSIGNMENT. The TVCVB shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, TVCVB's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the TVCVB. 16. LICENSES. At all times during the term of this Agreement, TVCVB shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and TVCVB understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc g 18. PROHIBITED INTEREST. No officer, or employee of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the TVCVB, or TVCVB's sub-contractors for this project, during his/her tenure or for one year thereafter. The TVCVB hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the TVCVB or TVCVB's sub-contractors on this project. TVCVB 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. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of TVCVB warrants and represents that he or she has the authority to execute this Agreement on behalf of the TVCVB and has the authority to bind TVCVB to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 9 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 FORM: Peter M. Thorson, City Attorney TEMECULA VALLEY CONVENTION & VISITORS BUREAU 26790 Ynez Court, Suite B Temecula, CA 92591 (951) 491-6085 By: Denis Ferguson Chairman of the Board Bv: Name: Kimberly Adams Title: President/CEO By: Name: Melody Brunsting Title: Secretary Bv: Name: Katherine Bailey Title: Treasurer C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 10 EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Convention & Visitors Bureau shall undertake, during the 2008-09 fiscal year, to carry on marketing/advertising promotional activities for the Leisure Travel Market on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carryon the promotional activities herein stated. 2. To promptly answer correspondence relative to the local tourist industry, tourist advantages and opportunities in the City of Temecula, and to disseminate tourist information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Participate in tourism trade shows focusing on the leisure markets. 4. Reprint tourism rack brochure and distribute through rack service. The TVCVB shall supply City with rack brochures to include in City's business attraction efforts at no cost to City. 5. Develop and support FAM {Familiarization) Tours for media, meeting planners, tour and trade. 6. Pursue media co-operative advertising buys with other area organizations and tourism businesses such as San Diego CONVIS, Orange County CONVIS, and the Temecula Valley V1linegrowers Association to leverage Temecula's advertising budget. 7. Place advertising in tourism industry trade publications, guide books, magazines and special selections, billboard and Internet. partners. 8. Respond to travel visitor inquiries through travel publications and CVB 9. Update and reprint the visitor guide that represents all of the tourism aspects of Temecula. The guide includes a special section for Old Town Temecula. The TVCVB shall supply City with guides to include in City's business attraction efforts at no cost to City. 10. Prepare quarterly calendar of events and mail to media. 11. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. TVCVB shall employ a full time Executive Director, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its tourist industries, tourist activities and opportunities. 12. Maintain and update TVCVB web site. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 11 13. Update and reprint Temecula CD. The TVCVB shall supply City with CDs to include in City's business attraction efforts at no cost to City. 14. Maintain press kits and provide during familiarization tours and as handout to media. 15. Partner with Southwest Airlines to promote Temecula Valley. 16. The President & CEO of the TVCVB shall provide to the City Manager and Assistant City Manager a copy of the monthly written report that is submitted to the TVCVB Board of Directors showing actual expenditures under each budget heading, together with a comparison against budget and commentaries on significant variances. The President & CEO of the TVCVB shall also provide to the City Manager and Assistant City Manager a copy of the activities monthly report submitted to the TVCVB Board of Directors. Said reports are requested by the second Wednesday of each month. 17. TVCVB shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the TVCVB. This financial audit of the TVCVB should be completed and submitted to the City no later than December 1, 20Q8. The financial audit shall provide a general summary report an how funds were expended and used to benefit Temecula residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Marketing Funding. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 12 EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the marketing/advertising promotional services for the Leisure Travel Market to be performed by the TVCVB for City, as set forth in Exhibit "A" hereof, City hereby agrees to pay TVCVB the sum of One Hundred Twenty Thousand Dollars and No Cents {$120,000) for the fiscal year 2008-09. The City hereby agrees to pay TVCVB in two equal payments, during the term of this Agreement. The first installment payable within 30 days of City Council approval of contract and the second installment payable 6 months after City Council approval. This shall be considered a payment for services rendered from July 1, 2008 through June 30, 2009. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1892838.doc 13 ITEM R1C~. 8 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: August 26, 2008 SUBJECT: Award of Construction Contract and Cultural Resources Monitoring Agreement for the Old Town Infrastructure Project -Parking Structure; Project No. PW06-07 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW06-07, the Old Town Infrastructure Project -Parking Structure to PCL Construction Services in the amount of $15,797,010.00 and authorize the mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,579,701.00, which is equal to 10% of the contract amount. 3. Approve the acceleration of $2,906,355 from the Capital Improvement Budget for FY2009-2010 to the current FY2008-2009 for the Old Town Infrastructure Project - Parking Structure, Office and Retail, Project No. PW06-07. 4. Approve a cultural monitoring Agreementwith the Pechanga Band of Luseno Indians to monitor excavation and grading activities and authorize the City Manager to execute the Agreement. BACKGROUND: On June 10, 2008, City Council approved the plans and specifications for the Old Town Infrastructure Project- Parking Structure and authorized staff to solicit construction bids. The work includes, but is not limited to the construction of a 3-story parking structure and adjoining facilities. The parking structure will have a basement level in addition to levels 1, 2 and 3, and approximately 8,400 square feet of office space (on 2 floors) on the most northwesterly side of the structure. More specifically, the project will include construction of: wet and dry utilities, precise grading, site drainage systems, erosion control, foundation system to include a basement level, retaining wall systems, a new 3-story parking structure with 462 parking stalls, an adjacent asphalt concrete access road, an asphalt concrete parking lot with 14 parking stalls, trash enclosure, site walkways and hardscape improvements, site landscaping and site concrete unit masonrywalls. There is also an additive bid on this project for a rooftop photovoltaic system. The grading and retaining walls on the adjacent Civic Center parcel will be performed under this project. On Thursday, August 19, 2008, 8 bids were opened and publicly read aloud. The base bid results were as follows: 1. PCL Construction Services 2. Bomel Construction Co. Inc 3. Edge Development 4. TB Penick and Sons, Inc 5. Swinerton Builders 6. Grant General Contractors 7. EMJ Corporation 8. ARB Structures, Inc. $ 15,130,589.00 $ 15,307,729.00 $ 15,447,244.00 $ 15,878,400.00 $ 16,277,286.00 $ 17,399,648.00 $ 17,575,156.00 $ 17,617,374.00 The bid analysis discovered minor mathematical errors in the bids as submitted. The corrected bid totals are shown. The errors did not affect which contractor was the lowest responsible bidder. Each of the eight bidders submitted a cost for the additive bid alternate, a rooftop photovoltaic system. The additive alternate bids ranged from $617,148 to $1,059,020 with the average being $749,717. The lowest responsible bidder PCL Construction Services' Additive Bid Alternate forthe rooftop photovoltaic system is $666,421.00. Staff's recommendation above includes this additive bid alternate, bringing to total initial contract to $15,797,010.00 ($15,130,589.00 + $666,421.00} The Engineer's Estimate for the project was $17,400,000 for the base bid and $425,000 for the photovoltaic additive alternate. The project specifications allow for three hundred (300) working days, which is approximately 15- months, to complete the project. Staff has reviewed the bid proposals and found PCL Construction Services to be the lowest responsible bidder. PCL has public contracting experience and has successfully undertaken similar projects for other public agencies in California and other States. The cultural resources Agreement with Pechanga establishes the protocols to be followed in the event any items of significance are found during the excavation and grading of the Civic Center site. Past cultural events on and around this site has lead to the potential for resource discovery. This type of agreement has been used very successfully on past City projects with Pechanga. FISCAL IMPACT: The project is included in the FY09-13 CIP Budget as the Old Town Infrastructure -Parking Structure, Office and Retail and is funded with Redevelopment Agency Bonds, DI F -Police Facilities and Capital Project Reserves. The grading work for the overall site is included in the CIP Budget as the Old Town Infrastructure Project -Relocation of Existing Structures/Demolition and Grading; and the site work for the Civic Center is included in the CIP Budget as the Civic Center project. $1.3M of the $44.2M budgeted forthe Civic Center was for the site work. The items of covering the Civic Center site are segregated in the contract and are funded separately with Capital Project Reserves. Adequate Capital Project Reserves are available in the Parking Structure and Demolition/Relocation/Grading project account to cover the Civic Center items of work. With the requested acceleration of funds, adequate funds will be available in the project accounts for this $17,376,711.00 request, which includes the $15,797,010.00 contract plus a $1,579,701.00 contingency. The construction expenditure will be allocated to the various project accounts as shown below: Project Name Project Acct # 210-165- Available Appropriation Expenditure Balance Relocation/DemotGrading 645 $819,000.00 $507,352.00 $311,648.00 Parking Structure 644 $16,869,359.00 $16,869,359.00 $0.00 Civic Center 751 $1,300,000.00 $0.00 $1,300,000.00 Total $18,988,359.00 $17,376,711.00 $1,611,648.00 As part of the cultural resources agreement, we {City) agree to reimburse an hourly wage of $50 an hour to the Pechanga monitors. We do not expect the cost of the monitoring to exceed $25,000. There are sufficient funds in the Parking Structure and Civic Center projects to cover this expense. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract 4. Cultural Resources Agreement EXHIBIT "A" PROJECT LOCATIDN Project Title: OLD TOWN INFRASTRUCTURE PROJECTS -PARKING STRUCTURE, OFFICE AND_ RETAIL 0 5~ ~'~ 2 ~~ '~~ W ~ ~~~~. F~J~ v O~ ti~ ~~ti ST N\'CP ~ ~\PFP F~ cF o~ ss 5~ 05~ ~`P~ ~ \Q' 9~ ~~ GO 5~ .oG `~O !~ r ~ ~5 N ~•~~ PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Construction Engineering Design Fixtures/Furn/Equip Totals Source of Funds: OLD TO'Pt'N INFRASTRUCTURE PROJECTS -PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: Housing/Redevelopment Project will construct a two or three story parking structure east of Mercedes Street at Third Street, to accommodate roughly_ 400 parking spaces, as well as integral office/retail shells fronting Mercedes Street. RDA/Public Works -Account No. 210.165.644 Project will include design and construction of a two or three story parking structure on Mercedes Street at the foot of Third Street. Project will include approximately 8,500 square feet of office/retail space. Project continues to promote the revitalization of Old Town. Actuals to Date 2008-09 2009-10 2010-11 $ 18 $ 149,982 $ 150,000 $ 13,963,004 $ 2,906,355 $ 322,500 $ 1,053,908 $ 489,233 $ 465,000 2011-12 2012-13 Total Project Cost $ 300,000 $ 16,869,359 $ 322,500 $ 1,543,141 $ 465,000 $ 1,053,926 $ 14,924,719 $ 3,521,355 $ - $ - $ - $ 19,500,000 Capital Project Reserves $ 492,919 $ 492,919 D1F' (Police Facilities} $ 27,142 $ 651,589 $ 678,731 RDA (Bonds} $ 1,026,784 $ 13,780,211 $ 3,521,355 $ 18,328,350 Total Funding: $ 1,053,926 $ 14,924,719 $ 3,521,355 $ - $ - $ - $ 19,500,000 Future O & M Cast: 185 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PWO6-Q7 OLD TOWN INFRASTRUCTURE PROJECT PARKING STRUCTURE THIS CONTRACT, made and entered into the 26th day of August, 2008 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and PCL Construction Services, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-07, OLD TOWN INFRASTRUCTURE PROJECT -PARKING STRUCTURE, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for 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 PROJECT NO. PW06-07, OLD TOWN INFRASTRUCTURE PROJECT -PARKING STRUCTURE. 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 Provisions, and Technical Specifications for PROJECT NO. PW06-07, OLD TOWN INFRASTRUCTURE PROJECT -PARKING STRUCTURE. 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 CONTRACT C-1 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc specified, the CONTRACTOR shall furnish all lobar, 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: PROJECT NO. PW06-07 OLD TOWN INFRASTRUCTURE PROJECT PARKING STRUCTURE 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: FIFTEEN MILLION SEVEN HUNDRED NINETY SEVEN THOUSAND TEN DOLLARS and NO CENTS ($15,797,010.04), the total amount of the base bid plus additive bid alternate number 1. CONTRACTOR agrees to complete the work in a period not to exceed Three Hundred (300) 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 A. LUMP SUM BID SCHEDULE: 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. CONTRACT C-2 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc B. UNIT PRICE BID SCHEDULE: 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 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 far 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% 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 five thousand dollars ($5,OQ0.00) 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 ar 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. CONTRACT C-3 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc 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 of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. 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 Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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 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, 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 sole 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. 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 na 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. CONTRACT C-4 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc 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. 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. 20. 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 his/her tenure ar for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, 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 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. 21. 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. CONTRACT C-5 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc 22. 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: Mailing Address: 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 92590-3606 CONTRACT C-6 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: PCL Construction Services Inc. 4690 Executive Drive, Suite 100 San Diego, CA 92121 Phone: {858) 657-3400 Fax: (858) 657-9444 By: Darrin Chestnut Print or Type NAME District Manager Print or type TITLE By: Haidai Fleetwood Print or type NAME Manager, Finance & Administration/Assistant Secretary Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Janes, MMC, City Clerk CONTRACT sy: Michael S. Naggar, Mayor C-7 L\Program Files (x86}W eevia.ComlDocument Converterltemp1893346.doc CULTURAL RESOURCES TREATMENT AND TRIBAL MONITORING AGREEMENT (Pre-Excavation Agreement) City of Temecula Civic Center Protect I. PARTIES The PARTIES to this Agreement are (1) The Pechanga Band of Luiseno Indians, a federally recognized Indian tribe ("Pechanga Band") and (2) The City of Temecula, Project Applicant/Lead Agency ("Project Applicant/Lead Agency"). All notices to the PARTIES shall be given concurrently to all at the addresses below: Pechanga Band of Luiseno Indians Mr. Gary DuBois, Director Pechanga Cultural Resources P.O. Box 2183 Temecula, CA 92593 Telephone: (951) 308-9295 Facsimile: (951) 506-9491 Project Applicant/Lead Agency City of Temecula Temecula Redevelopment Agency 43200 Business Park Drive Temecula, Ca 92589 Telephone: (951) Facsimile: (951) IL SUBJECT MATTER General Counsel for the Pechanga Band Ms. Laura Miranda, Esq. Pechanga Band of Luiseno Indians Office of the General Counsel, P.O. Box 1477 Temecula, CA 92593 Telephone: (951) 676-2768 Facsimile: (951) 587-8162 Counsel for Project Applicant/Lead Agency Mr. William Curley Richards, Watson & Gershon 1 Civic Center Circle Brea, CA 92822 Telephone: (714) 990-0901 Facsimile: (714) 990-6230 This Agreement concerns a project known as the City of Temecula Civic Center Project ("Project"). The Riverside County Medical Examiner's Office will be provided a copy of this Agreement by the PECHANGA BAND. III. PURPOSE The purpose of this agreement is to memorialize the agreed upon procedures for the treatment of Native American human remains, grave goods, funerary objects, ceremonial items, cultural items, and cultural sites, including significant and sacred sites, that are both located on the Project site and impacted in conjunction with development of the Project. This agreement also formalizes procedures for tribal monitoring during all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with the Project development, including, but not limited to archaeological testing, studies, surveys, and staging activities. Any Native American human remains as defined in Section VII which are found in conjunction with the development of this Project shall be treated in Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula Page 1 Pechanga Band of Luiseno Indians accordance with Sections V through VIII of this Agreement and any applicable mitigation measures and/or conditions of approval. Cultural resources shall be treated in accordance with Sections IX, X of this Agreement and any applicable mitigation measures and/or conditions of approval. Significant and sacred areas shall be treated in accordance with Section X of this Agreement and any applicable mitigation measures and/or conditions of approval. IV. CULTURAL AFFILIATION The PARTIES agree that the Project area consists of land which has been traced to and traditionally occupied by the PECHANGA BAND. V. MOST LIKELY DESCENDANT In the event that Native American human remains are found during development of this Project, the PARTIES understand that the determination of Most Likely Descendant ("MLD") under California Public Resources Code Section 5097.98 will be made by the Native American Heritage Commission ("NAHC") upon notification to NAHC of the discovery of said remains at the Project site. Until such time, neither the PECHANGA BAND nor the PROJECT APPLICANT/LEAD AGENCY guarantees that the PECHANGA BAND or one of its members will be so named. However, given the location of the Project site and the history and prehistory of the geographical area, the PARTIES agree that their good faith belief is that, when and if such Native American human remains are discovered at the Project site, Tribal Chairperson Mark Macarro ofthe PECHANGA BAND will be named the MLD. Should the NAHC determine that a member of an Indian tribe other than the PECHANGA BAND is the MLD, the provisions of this Agreement relating to the treatment of such Native American human remains shall be null and void in their entirety as between the parties, except that, in such an event, the provisions of Addendum 1 to this Agreement relating to Tribal monitoring, shall be deemed fully severable and severed, shall continue in full force and effect consistent with the terms of this Agreement. VL COORDINATION WITH COUNTY MEDICAL EXAMINER'S OFFICE The PROJECT APPLICANT/LEAD AGENCY shall immediately contact the Medical Examiner and the PECHANGA BAND in the event that any human remains are discovered during the development of the Project. The parties agree that each will rely upon and agree that the Medical Examiner shall ensure that notification is provided to the NAHC as required by California Public Resources Code Section 5097.98(a). VII. TREATMENT OF NATIVE AMERICAN REMAINS In the event that Native American human remains are found during development of the Project and the PECHANGA BAND or a member of the PECHANGA BAND is determined to be MLD pursuant to Section V of this Agreement, the following provisions shall apply. The term "Native American human remains" encompasses more than human bones because the PECHANGA BAND'S traditions call for the burial of associated cultural resources with the deceased (grave goods and funerary objects), and the ceremonial burning of Native American human remains, funerary objects, grave goods and animals. Ashes and other remnants of these burning ceremonies, as well as grave goods and funerary objects, associated with or buried with the Native American remains, Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula Page 2 Pechanga Band of Luiseno Indians are to be treated in the same manner as human bones, human bone fragments and cremations of human remains. The Medical Examiner shall immediately be notified, ground disturbing activities in that location shall cease, and the remains shall be left in the place where they were discovered until the Medical Examiner has had the opportunity to inspect the remains in place and make her determinations as required by State law, and until a final decision as to the treatment and disposition has been made pursuant to this Agreement and the State law. The PECHANGA BAND shall be allowed, pursuant to California Public Resources Code Section 5097.98(x), to (1) inspect the site of the discovery and (2) make recommendations as to how the human remains and grave goods should be treated with appropriate dignity. The APPLICANT/LEAD AGENCY shall discuss and confer with the PECHANGA BAND all reasonable options with regard to its preferences and recommendations for treatment. The PARTIES agree to discuss in good faith what constitutes "appropriate dignity," as that term is used in the applicable statutes and in the PECHANGA BAND'S customs and traditions. The PECHANGA BAND shall complete its inspection and make its MLD recommendation within forty-eight (48) hours of receiving notification of the MLD determination from the NAHC. The PECHANGA BAND shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include the avoidance of the human remains so that they are left in place without further disturbance. PROJECT APPLICANT/LEAD AGENCY is aware that because of the traditional and spiritual beliefs of the PECHANGA BAND it is the position of the PECHANGA BAND to not remove, unearth, disturb or construct over any Native American human remains, including in-situ burials and cremations. PROJECT APPLICANT/LEAD AGENCY agrees to to avoid and preserve all Native American human remains, including burials and cremations with appropriate buffer areas in open space, so they are not subject to any development or disturbance. VIII. NON-DISCLOSURE OF LOCATION OF REBURIALS It is understood by the PARTIES that, unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. Lead Agency shall have no duty to defend against any legal challenge brought by third parties that seeks the release of this information. Prior to releasing said information City will advise Pechanga Band who may seek to prevent the release of the data. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code § 6254(r). IX. TREATMENT AND RELINQUISHMENT OF CULTURAL RESOURCES To the extent reasonable and feasible treatment of all cultural items, including ceremonial items, sacred items, and archeological items will reflect the religious beliefs, customs, and practices of the PECHANGA BAND. The PROJECT APPLICANT/LEAD AGENCY agrees to give all cultural items, including ceremonial items and archeological items, which may be found at the Project site to the PECHANGA Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula Page 3 Pechanga Band of Luiseno Indians BAND for appropriate treatment, unless the PROJECT APPLICANT/LEAD AGENCY is otherwise ordered by a court or agency of competent jurisdiction. The PROJECT APPLICANT/LEAD AGENCY waives any and all claims to ownership of Tribal ceremonial, sacred cultural items, and all archeological items that may be found on the Project site in favor of the PECHANGA BAND. If temporary possession of cultural items by the PROJECT APPLICANT/LEAD AGENCY or an agent, subcontractor, or representative of the PROJECT APPLICANT/LEAD AGENCY is necessary (for example a Project archeologist), said entity or individual shall not possess those items for longer than is reasonably necessary, except that all PARTIES agree that ceremonial and sacred items, as determined by the PECHANGA BAND, shall be immediately relinquished to the PECHANGA BAND for appropriate treatment, which may include leaving the items in place, as described in Section X below. X. SIGNIFICANT SITES IMPACTED BY PROJECT All PARTIES agree that if additional significant sites or sites not identified as significant in the Project environmental review process, but later determined to be significant, are located within the Project impact area, such sites will be subjected to further archeological and cultural significance evaluation by PROJECT APPLICANT/LEAD AGENCY and the PECHANGA BAND to determine if additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. XL WORK STATEMENT FOR TRIBAL MONITORS The description of work for Tribal monitors is attached hereto as Addendum 1 and incorporated herein by reference. Addendum 1 specifies the development activities that Tribal monitors will monitor, the geographical area over which this monitoring shall be conducted, the size of the monitoring crew, the powers of the monitoring crew, and provisions for compensation of the Tribal monitors, and other pertinent provisions. XIL SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the heirs, successors, representatives, executors, administrators, and assigns of the parties, including subsequent land owners, developers, and sub-contractors of the Project area, and any person or entity obligated to comply with environmental and culturaUarchaeological protection laws applicable to this Project. XIIL ENVIRONMENTAL COMPLIANCE Nothing in this Agreement shall excuse the Lead Agency on this Project or the APPLICANT/LEAD AGENCY from their obligations under any applicable state or federal laws or regulations, including but not limited to the California Environmental Quality Act (CEQA); Public Resources Code § 21000 et seq., the National Historic Preservation Act ("NHPA") 16 U.S.C. § 470 et sec.; California Public Resources Code Sections 5097.98, 5097.98(c), and 5097.99; California Health and Safety Code Sections 7050.5(c); California Government Code Section 6254, 65040.2, 65092, 65351, 65352, 65560, 65352.3, 65352.4, 65562.5; California Civil Code 815.3; the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001 et seq.: the California Native American Graves Protection and Repatriation Act of 2001, California Health and Safety Code §§8010 et seq.; the Native American Free Practice of Religion Act, 16 U.S.C. § 1996, et seq., and the First Amendment to the United States Constitution. Nothing in this Agreement is intended to make any of the above- Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula Page 4 Pechanga Band of Luiseno Indians referenced laws applicable where such laws would otherwise be inapplicable. Further, this Agreement is not itself a Project as the same is defined or applied under CEQA. XIV. INDEMNITY The PARTIES to this Agreement in no way indemnify nor guarantee each other in the performance of any oftheir legal obligations. XV. SEVERABILITY Should any part of this Agreement be found by any court or agency of competent jurisdiction to be to any extent invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. XVL LIMITATION ON SCOPE This Agreement is unique to the facts relating to this undertaking by the parties for this Project and does not set a precedent for other projects. XVII. AUTHORITY TO EXECUTE Each of the persons executing this Agreement expressly warrants that he or she is authorized to do so on behalf of the entity for whom he or she is executing this Agreement. Each party to this Agreement represents and warrants that this Agreement is executed voluntarily, with full knowledge of its significance and each party has had an opportunity to seek the advice of their independent legal counsel. XVIIL COUNTERPARTS This Agreement may be signed in two or more counterparts and will be effective when all PARTIES and signatories have affixed their signatures to two or more of the counterparts and said counterparts have been delivered to all PARTIES, at which time the counterparts together will be deemed one original document. Date: Date: Tribe: PECHANGA BAND OF LUISENO Project CITY OF TEMECULA INDIANS Applicant/ Lead Agency: By: Mark Macarro Its: Chairman By: Shawn Nelson Its: City Manager Temecula. Civic Center Project City of Temecula Cultural Resources Treatment Agreement Page 5 Pechanga Band of Luiseno Indians ADDENDUM 1 TRIBAL MONITORING City of Temecula Ci~~ic Center Project I. SPECIFICATIONS Given the nature and sensitivity of the archaeological sites and cultural resources that are or may be in the Project area, the PECHANGA BAND will designate representatives to be retained as Tribal monitors during all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with the Project development, including, but not limited to archaeological testing, studies, surveys, and staging activities. In the event that human remains, as detuled in Section VII of the Cultural Resources Treatment and Tribal Monitoring Agreement, incorporated herein by reference, are found during development of the Project, tribal monitors are empowered to temporarily halt and/or relocate excavation activities pending further investigation by the Medical Examiner and the PECHANGA BAND, pursuant to California Health & Safety Code X7050.5. If human remains are found, coordination of the treatment of those remains, as defined in Section VII of the Cultural Resources Treatment and Tribal Monitoring Agreement, will be conducted in accordance with Sections V through VIII of this Agreement and any applicable mitigation measures and conditions. In the event that significant cultural resources or sacred areas are uncovered during development of the Project, the monitors are further empowered to temporarily halt and/or relocate excavation activities, for short periods of time, to conduct further evaluation of the significance of discovered cultural items, including further limited controlled excavations pursuant to California Public Resources Code §21083.2(1). Surface or subsurface artifacts of significance may also be collected and mapped during this controlled excavation. Cultural resources shall be treated in accordance with Section IX of this Agreement and any applicable mitigation measures and conditions. Significant sites shall be treated in accordance with Section X of this Agreement and any applicable mitigation teasures and conditions. A pre-grading conference shall be held by the PROJECT APPLICANT/LEAD AGENCY to clarify monitoring specifications with the grading contractor and/or Project manager and the grading inspector of the jurisdiction in which the Project site is located. The Pechanga Cultural Resources Committee or the PECHANGA BAND'S designated representative shall be invited to participate in this conference. If necessary, archaeological observation shall consist of a qualified archaeologist, retained by the PROJECT APPLICANT/LEAD AGENCY, to be present during grading activities to identify and/or ascertain the significance of any subsurface cultural resources or to aid in the avoidance of sensitive areas in consultation and coordination with the PECHANGA BAND. II. PROJECT TO BE MONITORED Monitoring shall encompass the area known as the Project, the City of Temecula Civic Center Project, defined in Section II of the Cultural Resources Treatment and Tribal Monitoring Agreement, and activities in conjunction with the development of the Project. Based on the cultural and archeological sensitivity of the Project site, it is agreed that monitoring will be allowed for all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with the Project Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula. Page 6 Pechanga Band of Luiseno Indians development, including, but not limited to archaeological testing, studies, surveys, and staging activities. Tribal monitors will not monitor paleontological material. III. PROJECT CREW SIZES For purposes of determining Tribal monitoring crew sizes, a written schedule of excavation, testing, grading, and ground-disturbing activities will be submitted by the PROJECT APPLICANT/LEAD AGENCY to the PECHANGA BAND or its designated representatives one week in advance ofthe commencement of these activities. The PARTIES to this Agreement anticipate the need for a Tribal monitoring crew consisting of two (2) persons. If the scope of work changes to require additional monitors (for example, if inadvertent discoveries of cultural resources are made or simultaneous grading in two or more geographic areas), the PROJECT APPLICANT/LEAD AGENCY agrees to come to a reasonable agreement with the PECHANGA BAND regarding compensation of more than two (2) monitors. IV. COMPENSATION The PECHANGA BAND shall hire the Tribal monitoring crew for this Project and shall be responsible for coordinating their activities on this Project. The PECHANGA BAND recognizes that dangerous conditions can exist at the Project work site, particularly during grading operations, and agrees to assume responsibility for the safety of the Tribal monitoring crew while on the Project site. The PECHANGA BAND possesses liability insurance for its monitors. The PROJECT APPLICANT/LEAD AGENCY shall compensate the Tribal monitors at the rate of $50.00 per hour. The hourly rate of compensation paid to the Tribal monitor shall be adjusted for inflation based on 2009 dollars. The adjustment, if any, shall be calculated in accordance with the United States Department of Labor, Bureau of Labor Statistics, Revised Consumer Price Index. Hourly rate compensation adjustments shall be made only once a year. For purposes of rate compensation adjustment, a year commences on January 1st. A minimum half-day charge ("show up time") will be charged to the PROJECT APPLICANT/LEAD AGENCY for unannounced work stoppages of Tribal monitors which are not due to actions of the PECHANGA BAND. The hourly rate will not be applicable to travel time to and from the Project site. The PROJECT APPLICANT/LEAD AGENCY agrees that the PECHANGA BAND may invoice the PROJECT APPLICANT/LEAD AGENCY for the Tribal monitors' compensation on a monthly basis. The PROJECT APPLICANT/LEAD AGENCY also agrees to remit payment in full to the following address within thirty (30) days of receipt ofthe PECHANGA BAND's invoice: Accounting Department Pechanga Band of Luiseno Indians Attn: Accounts Receivable P.O. Box 1477 Temecula, CA 92593 Temecula. Civic Center Project Cultural Resources Treatment Agreement City of Temecula Page 7 Pechanga Band of Luiseno Indians ITEM R1C~. 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: August 26, 2008 SUBJECT: Tract Map No. 35181, located at the northwest corner of Dendy Parkway and Winchester Road PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Annie Bostre-Le, Special Projects Engineer RECOMMENDATION: Thatthe CityCouncil approve 1) Tract Map No. 35181 in conformance with Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance, Labor and Materials and Monument Bonds as security for the agreement. BACKGROUND: Tentative Tract Map No. 35181 proposes to subdivide 84 gross acres into five (5) parcels, four (4) developable parcels and one (1) easement parcel for slope and drainage purposes. The parcel map is located at the northwest corner of Dendy Parkway and Winchester Road. Certain street improvements associated with the development of this map are required and monuments are required to be set. On September 5, 2007, the City of Temecula Planning Commission approved Tentative Tract Map No. 35181, with the appropriate Conditions of Approval. The owners, Temecula Properties, LLC have met the Conditions of Approval for map recordation. This tract map is in conformance with the approved tentative tract map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: Vicinity Map Tract Map No. 35181 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 35181 DATE: Auaust 26. 2008 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 1,508,000.00 $ 754,000.00 Water $ 387,000.00 $ 193,500.00 Sewer $ 61,000.00 $ 30,500.00 TOTAL $ 1,619,000.00 $ 809,500.00 Manumentation $ 10,000.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 616.00 Fire Fee $ 225.OC TCSD Fee $ 1,070.00 Plan Check Fee $ 4,912.00 Manumentation Inspection Fee $ 300.OC Fees Paid to Date $ 7,123.00 Balance of Fees Due *To Be Determined ~~-~y of ~1 u rr~ ~-~ c~ ~oPo ~FT TF~ 35~8~ ~~s~~ ~~ -~ ~'~ 'r~ GF C~ ~ G a 2 o~~ ~'~~ G~ 's ~'o q0 ~ y a- re~rn€~culcl N VICINITY MAP N.T.S. w 0 =~~c N~ a a cx o o ix n°~ooz~"N os am ~ D ® ~ ~ ~ m g C ~- ° ~ l ~ rtl ~ nl rtl r~. ~ ~ h v my \ my zyA ~y m ~c~n .~ ~ L^~ ~ z o n yy yA ~vA V a~~ry ~ mD ~ °~ yC ~" ~ :'f Z~y :$ N m ~`ix Oa b RIC Atli ~~ D x x Z o m ~ x"'7'~ °z zi zz ~ ~~~ ~ m ~ ~~ A7 m Vl rc m~ v ~~z ~~ 2 vo ~z ~ m t~ ~ C m ~® z~ p'° ~° zZaa ySQ~ ~~~ ~~~~ ~ II~ryO rn r~ mm zm ~ az ~'i 2 g~ "'~ `C 'S a^t Cr ~iK ms x ~x izz~ rn°~~ ~~"'1 m0 Aa a b~ .'po O a y 'n G)rn °° rn~ O ~' K C=r ~tNl Z~ Z mT m~ O ~ Oyn ~ ~ s Z ~ tfJA yJtl A m~ x-ZI O_N n' ~ r° O~a~ ~ ~Il rr to sN Oi^ ai Gm h1 rr ytll O ~ mZ ~ a C li ~ Z~ A y OH W ?m ~O fZrl Qm ~ ~ ~ ° y b~ D ~ ~ Q n a 6 .4+1 8 8 a A i c z n z r~. r~ v ry y p ~l o H 1QI y ° `.~1 ~ °O ~ C ~ ~ t'1 '~1 ~ z z ° ° w ~ ~ ~ m a n ~ f ,~ ~ QI ~7 ~n~ ~~ om~ ~zm ~ va 4$ `•.~- ~~ ~ ~ a~ r~ ~O ~~ s s ~~~om~o ~ `~' ~ 'z~ y a~~ll y0 ~'1~ ~ ~ y N m n n n Q a~~ rSl n r^ ~ (/~ ry V RI ~i gg ra },~ A~ m°m yO1 • N~ ry y nC ~ wN r~ r~ r~ ~ t^~u'~y tWtlnv ~g~~ -• ,hAjn OU1 a~i mA mA z~ ~ ~v o~ ~ °y~y ~. ~ $ ~r a~ ~'~ y y vi~'+1~~y{/'l~ pm~ °z a I~1~O~l ZOy N N f~*v K b ~ vZ ~ ym Cr Z ~ opa O O Dy y0 Zm Z A N ~ y2 ~ 4f ~3 °~Z =~ ad „A,^y ~ cn~ ~o ym ~ ~Y' nn °Q C~ v ~ ~rn O0 yx0 zAC C~Km rn z e\_ m Y1 m r A v c c O n o ~Za O1b' °a c7ro (v/~7 z~ -n" !' "'~' ~ a C oyv tna ~ ~ <y`~ya~ix oAm z v-!x ~ II ~+~~ totrr~~t~t~ll ta~r.m°-o p~ \ old o~ `fy7 ~~ ~ ~ ~ 71 °t" ~~ c ycy~~ ac7,~~s~s Z o ~ ~~oo ~y(~.~ ry ~$° 3~ Ta mN O m(a/S LZ.!p ~ ti~1< ~ ~ ~ ~ ~ ot+m~ y~ Rl ~Z N~ ~Z ~ ? ~ ~~l zy ~ \ Z- ra C m t2tw OYn 5 ~a S fAn ta/1 m2 m~ m Q ° O y ,'L °~ ~t~* N ~r ~~ ~~ v' 00 ~ ~ z9 2 ~_ A am > > D $_z ~~ ~': y n ~ z~ O zz0 v~ ~z iN h~ z OT ~ Zv v_miZ m m nz~''ilrnz 'It y ° y1 K~iv tu°trr~i~a yiyn ~_ ~w > ~t' ~~ ~~ 'nib z z Q~zZ ~im°• ~~° n?~ OZ f11 Z'l Oi ~K 'O $D ya tnN ti y ~~C ,~ZC m+l~ AB o~ ~ rSta a ~ m pro "~ ~ ~ ~ oyz=^: 9°m o4a t~ mp z~ zA O ~ ~ O O ~ K~ C 'D D y n 2 O C D SQ O :'~ "~ to ]O a N a p ''O ''U ~ y~ 0~ N ° 6] N Z cs0 m n vm 2 cn~ nm zy~ 'P ~m~ c n CAN Op °C ti rnr ~ O y. °z r r O• ° ~ x` OZ ~~ ~ n; m ~ z i~l r ° O ~F~m ~ _ ~ T~Fo n,~PZ t°op ~~ t^ ~~O ~ a oy ~°A °~ m m xy I F.E ~c~ ~ B nc~ 5'~ cy cm-i ~m ~ ~ Qg ~ ~z ~ ~ F~'~~a~ 'Jc yA~ 'oycyz a~ vy+ a nyl Qi ~~ o ~-rl ~ ~ ,y, OT~r~rno oov mKz \Kn fA~ °° ~ ~ SVl fA~ C C i ~O Z ~ t7! ~~ ~cg z ~~ A O ~ m~ ~ n n y~° o~'l S~~ mtzmlm ~O ~a wh Z Vl Om m ~'~ ~ ~ y~y xna yA p~ ~]' m aN~ O~ ~!'t ~1 ~ 9 ~~ ~ Zp ~ ~ f*1Om n~'tt ZO iaO zzi °z to ° ~ ~ SCv ~ a ~ ~ z~4mn~ z= Nag °° m •~~ F ° z n-n ° zzn ° x~tn ct~ °H WC O mo ~y70 •.'~n N Z T r iA ~ N =xN ZN A > K ~ ° ~o~ c tna ° 5 ~m a ~gzR ~ .. ~~ ~ xo ~ = zo ~ iii F z o to A ~ Qi m ~~ ~2 f*1 Ny O~ rn 2 D~ a Z °y M D C m n~ n 0 ° v b pe a- ~a `~+ x 4 ZCy t~t°l1 N c~ m OO O ry~~8 ~ < yi~O DO NZ ~rn ~ OC ~ 'S ~r ~ m6~pptyyrn o~yin '"'y ~aarncs< ~ -ygX v~~~o® ~ ~4 N ~ 0~.1 O~ ~ yn m O\ tnh~ ^ (X~im Ob y~ ~IT ~`~^ ~~t b to v .~ O ° cl .v R'' ~ N ~ y ~ `, O z ~ G rn [Nf ~ A ~ ~ i z o~z ~ o v Za Oy •_, p v~vy~ mtnxa ~ ~~il~tni '+ p=NF°m (~ O~ l'l ~, a 2 ;mDOy ~~s~ a~ CNtn$v O ~~ytxarl~'~ ~ ~~ ~ 3• O ~lOy ~C ~ pN ~ ~ ~ m~04=9 ~ OA N Vj ~Z ~ (aj~~ n c~mtAil z~v .~(' o c4~o r No °' to t^ y ~ a n B~y= ~~~$ ~ y ~ onZm y m o ~~~~N~ ~ ~ Qua a. ~~~o ~~K~ ~ o ~~~m n~ ~~ ~ ~~~~o~ n ~ `~~~ ~ o 0 0 ~ Krnmn oimr O m v v~~g '1 xA In~~~~~ ~ Z ~C(y~~ ~a ~ v o ~l~ < c ~qz,y +++r~~~~~ °~ ym m ~ ry y`I '1 y '^iyo`~ ~enm°a `VV r mNiO \ ~r,~l z°~~n Z~ "C Z ~o~o zp~poo O~ i -ria~T ^~ r^O ym=y~ I ~Oy ~ cy m afn ~ ~~ Z xrn C~ ~~ C p ~ C= ~ 2 ~gq '1 -al i' yC y yN 9 ^~^ Z yytA (b/1 ~ m y Aq ~ ~tDn ~°$tgrn m~a •JO ~ i~r~~ ~5l °Nrym ~ a~oa ~ !'rt A-m 00 ~ ~ l~ a r~O~j~ O p ap yx V ~1~ t~ba° o~Q ~~` " yp~zo ~" m~F"'n ~~ ~ zoc~rn mS\ ~~ ~ m"l~~ `~~~$m~ ~~ ~~OZ oz~ ~ ~ ° ~ rnaz~ ~m4n~ ny d rn t~l rn~ gc ~ ~ 11 O 5 y y p yp y.Z1A0 2A y{ K ~1~~ 2 K 2 V ~(7 m~6~ ~~C ~.o-oz° B ~~ i~ N g v K ~~ ~ Z mgc~ m ~° ~a ~~ D ZmC~ 8~ B~ar~ =0'im .I fpmp v~~? } ~em]~~Kx ~ D Y ~WS(/^l~Dpprmmrm ~pzy [v~7 G 9~~~ D~ D~ilj ~m~n ` O N ~1 ~ tAti~ g~ C'~ ~ ~ ~ YC 2CAb9NS; m~a xg xZC~ ov~~ ~ wmi~KO ~o~to~ ° v"i~z~s"~> rs ?~m~1 z-a ~ A c~m~n ~l a mm m=m z''fK4 ^ m ~ x y~pOZ r-I+ wy~ ° ={~t;iio~a~v ~z v< Orn< r \ xO S trOl ~ ~ ~7 ayO Z~ ~0~ n>~O ~ ~ W a ~ m~ z~ ~ fn Y+ziz ~~~~3 O C ~ O f~* aZ T~ ~~c A~ ~~ ~x~m ~ wo z°~n~~ 1~. ~ w.mrl;~~omg ~ 3 ~~ rn° ~°o ° No 'avvc m Sm tQiom4 ~ o ;~~o; '-1 ~ ~~g~vgj ~ o ~ mz m ~~y ~ ~~ ~~~o ~ ~m~o~ a ~ ~N ZOZmm !_ ~ ~~ pp 8 -v m ~L iA m~~ ~ C fNil O ~I O Ca]Zy0 A ZA ~yrn t_ A2 mp • [n [~.~ y~vt~iyQy a O RNIORNI O ti° ~Ci~ l g ~dnD c~ ~ N z~ mZ~N2 A ° ~ p~ rnmam ~ ~ m~ O AyI;~ ~ I ~y f7 K O0~ m Zm AC]aC ~ ~ ~yZyy 2' ~ b~ ~y rn Z~ ~O^'~~l~ ~ rn A SO nW °DV+ Y Z> NOON ~ V o C~ T a ~ F m 2 D o tx'1-if ~ ~ ~ Q~ O fwr 0 0 ~ ~ W Km- ~ too ~ T ~tO 'w IjQ~j~ y~°rl tpc Z '~2 GYmr~. 2~ gyy~~.Y$y`l ~ l;+ ?p~~° °tp" v~ m ~-ai vJ xZ a<r3C m ~yOy Sojlc ~~ ^` ; 9m ~ J ~ O $°_O y~.m~2 ~ ~ O ~D ~ nN tnNO~yOy ~ ~C CmC ~ O~ ~ty/l ~ O Ey{ iF<~D (~n~ p nm ~i Tj~2 ?L m~ n OO~ ~ H rnrn ~ TO ~myb°_ b ~ ~N I~ Own Aarn ~ ~VAi ~ Z ~ °~ tn~ y~ alA~~4f O ~ ~ ~~ c tai ~ A c~ b e N ~' y d~ 0~ n m ~ m " '~ 5r~ c o~N ~ $u~ c'~-~ >s~mm ;=N>~DO° ~ ~ m g "M Rio S (~°Z ~ oo v°v"~ yv~~'m" 'PO~iy~~oo ~ c m ~n =~i $ .°aa Yd~4 v~-iils5zQ6'Z ~oo~az $ a ~ y tl ~pn g °y Nzn ~ *mri~g~ ya gotzt+~~~mC K GI . °. y .'Oy ~ S f+l~~ N Ym ~O .'Oy ~N2 Zo ~ t~ a y ~~~ ~ z~ °oen t7* r~* ~~m ~azz~z~' 1` y ! O ~ ~ z ~ vAKi °o ~ ~ = z ~ ~ ~ m ~ ~ ~ p ~ ~ ~ ~ ~~ zmm a ~v ~aE aFZ$~A c Oa°a ~i~z ~ ~ ~~ t°il rn =°~ ~~om o Frnm ~ ~Y• < o ~ ~ 9n mv2-,czm z gy 2 K o ~ K >n m=c~m z g-Ni 2 'v s ~ ~m A~mo~ ca ~ ~ ~m a~mvz c~ z { ~ ~ ~~ gA~~~ ~~ ~ z ~ N ~ ~~ g~~~Igg- ~~ '~ c t ~ =c ='~o~~ ~n ~ ~ c t N =c ='~o~K own 'V n z ~ m~ °A~~m~ ~r~$~ ~ ~ n a g ~^O z~~my ray ~ a a v! cv ~~m=~ o~ ~ ~i a a ~ ~~ ~izm ~ o~ ~ ~ ~ ~ 04 4~~ma Nv ~ ~ ~ ~ ~ o~ ~~~ma N' ~ z ~ n ~T gnzN w~ eJ-' N r3 ~° ~nzN N ° mr rnm D~~ `O ~ ~ ~ r^rn Y~~ O V+ ~ > ~C Im*I~~y N ~ N ~C fm*14SN " r < a~4~ m ~ " ~ < a~4~ m _ `~ criCl~~ o ^ Z ~ criLi~~ o m O' zn ran ~ m O- zn m (~ £y2=~ m ~ ~ ~~x~ m ~l 2 n< ~ ~_ ~ ~ ~2~~ ~ ~ ~_~~ 2 m p m ~ g m p m N v~ m m N v~ m m p~ ~ m ~ ~ m _ ' T I ~ y x~ Z ~ ~ N= ~ c~mv ~ ~.~~~~~p 4f~r/f~~ ~ py~x a ~ O~ m a ~ m a mz~z a mzm~z ~ y~n~ ~ yin m~~ ~ mc~ m ~z°" rn ~zo~ m :yima rn ~~mb Cp ~Z ~ ~Z xi' OA ~` 0 0 ~ by n~j O 5 ~q~ V "i lq-~ O ~ h~ ~~.,,~n ~ ya n ~ ova ~ 0 2~0 ~ h ~~9~ h y Y''1 ~ ~I ~°h ~ D ~ ,i a ~'O~i a ^~~ ~' Z $ V- L S N V 'D O N ~' 2 ~^ '9 - V 2 N '9 V O N < o ~ < ~" ANWD31 z g'ca ~ K ° ~ '~ ~n a'^moz Z ~ca ~ ~ ~1~t'Y~ ~7 z ~ ~ ~ ~~ ~g~o~ zr~ O ~ ~ ~ n O~ ~~ "~~ ~~ O ti ~~C b yy pp ~ ~ v C~Ji (ti 'D C ~ ~ ~j =`~e~~ ''1~ ~ 'O C -;C N ~c "~~m~K p'+1 1l v aOa :'I ~( o~ x C V1 4 'fi ~ ~1 m 2 tyyAO 7y0y0~ m?9 '~-C+p~ ~ ~ C x g (/o yy~~m?~ ~C y~` ~ } Z O ~ C~ 2 C~ Z m y 31 ~ D Z O Q ~~ 2 C~ Z m N~ ~O 'Y p~p z z a mm m ~ p~ z z ~ mz m '~=~ 4~~m° a a ~i O G N Zr 4'~-~m° my ~ N Zr m0 ~m m~ c ~ ~ n~ ~e=~ en ~ c ~ ~ m n~ ~8=~ y ~ ~O ~ ~ Z N Q ~° ~nzN ~ Z N Q ~° vnzN ~ n~ h z `~' r cariCl4~ '~ ~^h~ _ `~` r cpriLi4~ ~ 1~'!~~ ~y °m o~g~ ~ O °rn~ °~~~ ~ O -Z`1p Laos .~ rn ~q05 - ,~ ~O ~ ~~~g ~ ~ ~~~g ~ M~ ~~ Z ~ ~~ Z O yA H m° ~ ~ O A y m° Z~ p m ~ ~~ p m m 0 o a o z n~ ~x~ yzy '[n~ ~xg y ~p\z K n ~p\Z C C~~v 'C+1 C~~.Ni v ~ N m N a mz~z a mzm~z ~`+ cz~~ rn cz~~ o m~ ~ ~ m~ N ~ ycm\ a ycm\ m i ~ 8 i g m ~ ~m ~ ~m ~z ~ ~z ~i 0 0 T2 y N V Z V O O O O O A O O ~ w ao A O cn O ~ ~ o [n U o 0 - A ~~ 0 O ~ ~" Q ?J .TJ mN ~ O O A S °; O O O O m ,p N ~ O O O O DO OO ~ tp IV D b ~ p ~ DD a T ~ O '~ ~ fai W W (n O - (]i W - r O - IV - O A_ r r r m O .. r r o iv A ~ i+' m W cn Q O O o ~ o o ~ o o o 0 0 Ol O a'1 N O _~_ ° t4 ~U ip0 rti Z ~. (p zU ~ 0 ~° 31 ~D O 0 o A O O 0 ~] LAP O o AA m m O Q o ~ ~ N o ~ N ~'O D o ~ - p cn ON ni LnN O o 0 00 LJ O ~ ~~ ~~ ~~ p D D DD ~ °:D o ~ II . W <n N W ~ N °' m ~ - O m W~ o ~ m s- ~b ~ A a N ~m - W - ~ O rm ~, ' '= U' W A m A ~ r ~ W r O r N r r'p' om- ~' W W y r A W N~ W V ~ ~ W _ N ~ A 4.~Ca Ao ,, '~\ °' °~ 9:~ ~ ~ ~ LOT 2 ° ~- + o (see sheet 3) Q so ~, ° _ ° o • ~ ~ m° --' ~~'I~ N.41°47'29"W. 1198.12' `~~, ~ / \ S, N. 9. B \ pN• N ' S l w\• 'b's ~~ 1 4 6~ A.. 05 o°~°L~a 6~ ~~ '~>w oo~ ~ ~ \\s o ~ ? O /~V 9 ~a y5 ~`~? o •a a 6~6 ~ o ~\a~ max'/tip N O Ao ~ +i o J r~i \y~\ ca ~'A~~\ _ ` ~ 6r` `6 w ' c~ m \~ 6` n O ~ ~ y \6 ~y O O y \O/- N ~ \ ~9: ~ \ D iii ` N C_, i r D DNw WO o0 rn ro• Q~ `:~~ Cfl mp n t ~ y O ~ ~_ ~ ~, r ~ N ~05 rp S' ni O c`~ m Z W- o r N m r °9 ~ 1II ~ m n ti I 0 (n ~ ~ `C ~ ~ I m ` r ~ n' o ~ n 3 m O1 is N ~ ~ o ~ z _w t ° R ~l1 w ~.O ~ ry. N r't Tti ' !3 ~ 39' ~ A ! ~ ~ ' 629• lm /~ ~ ~ © R ~ ~. ... ,~, .. ! o` ,~ \ ~ N/gam?3 R,gpO ~ 28 °26'5p,. +-.369.27• 432.06' ~ w~w~'°o° 3 LJ C~ O ,• O .Sp22 ~'t~~ Q=26.27.06' L=369.34' o f ~ L G ~ ••~ y ~ ~ ~ ~ ~ ~'~~~. ~ Winchester ~ m ~~ oo~ i ~~ ~' Road w / ~ W _ n C~ rv 09 / / ~ m ~ o O_ ml 0~ N r m nO1i O Q A ~ W O W m T / ~ T ~ ~ ,as .os m O _1 m GI ? T Y ~ w -' ~ W - ap, 1 0 ,&O"L£I c" A m A +W~ ~ ~M„52,S1o9fi'N ,81'S9S I ~' -~ t• 1 y M.,L£,SO°GFN jt n' m N s ij ~m 2SF LOT 1 U 1 ~° n fsee sheet 3 Ty W n >~ m ~ ~ 5.37°4 - 0'55"E. y r ~ IR} o A 0 1 !I y4r~~ ° ° _' o m O O `Y o 0 " xmw m n s `', o. ° ~ m Z .,~ try m z m ~ O ~~• " n s l rn O - _ a o~ N Oa m ` O m N m2 ~0 _ ~ n+ n my ~~ ~ h ti v ~. m oK ~2 ~ n ti ~ °y v'1 ~ M ~' O m ~ mW .+~ A ~ T ~ a p~ W D O ~ y N~ ~~^ h' ~ ~y ~ ~ ~ (j / ,i, o oo ~ n~a i o o ~v H a `~ o O ~CO ~ C ~. .6£ 1 ,6£ ~ « W o ~. ~ W ~ r ~ ~o~ t o o D ~° ~ O ~ ~$~ ~° W m ~ r ~ ~n cn m V ° ~ ^r ^ p 2 ~I ~ n "•~ a `' o "' (~~ C, cos°~° c~ o ~'o~ /w ° ~ ~ a ~ ~ a ~ l r ~ ~ Q'O O° ~ ~ R.ff0.00 !!cn O ~ W m r „ m ~ ~ ~i~iS~°- w~ 4-f09°23'56" i~ v ~~ i j /3629 0° -0 ~ ~~ o ~ ~~~ L=210.03' ~/~ ~ 2 ~ ~ ~ ~ 2y,2~ ,9ozsi `~ ~p ~ c} u/ h/9, F O ~ j ~~'n~ qC y o r' ~ SI SS„W .2 ~' ~ ~``~Q ~ 7f o ii ?~ `~2BF y H ~ ~ O 0 oa' o \• w kty~22. /sesa of ~$y wo„ l2$se = ~9000o pll~i f ~~ ~ a `{y 68a_ 6310• n~ o ~. G_3 2 ~~ ,ZE'9Z, I ~ a b m "/9°S3z ~ ° =z6 2?`, 66934, ~ -- O pao~ as;sayc M m o ~ W ~~ ~ ~ i ~ ~ a w rA„ _ ~ w ~' y rii ,- Q 't 0 m ~ N ~l „° ° \ R 8t ~ ~ ~ ~ ~ ~ ~ ~ ® ~ ~ A ® A ® ~ r ~ 2 O O 2 O a'] O Z] O ~ ~ ~ ~ O ~ A ~ A ~ ~ < O` Tl 0 Z 0 ~] Z] p ~ p ~ ~ o ~ ~ 9 ~ A W ~ ~ ay ~ o O °- o O ~ O O ~ ~ W ~ Oa ~ O a ~ O W A O O ~ a O o ~ ~ A Obi U O~ O `9 ~ O O a A N O o ~ m N ~ cmii -O D O D D D D A A ~ D D ~ D D m ~ D N ~ D D ~ Np U ~ 4 N D ~ O O U V W m N N ~I N O O~ IAO a W t0 ~ N tp W A° U ~ W ~O O O W tp O O O O O O O ~ U O O ~ t9 W e~ (P m ~ W ~ _ - - W A ~ ~ N cp O - W ~ w W V~ ~ ~ Of ~ a N ~ = N ~ ~ m w W N N ' v o ~ r A p No r W iD No r A a cn ' r ^~ m m J r - N a m r o P - r W m r O tO ~ - r w O O ~ r ~ ~ a w ~ W w - ~ °' ~ ~ m - r W cn ~ - r ~ o cn W m w Nr P W N v v~ N GOI~NTY OF RIl/ER51D>= N39'49'13'W 1669.99' -Y 990.08' -^ ~1 `~~ ~ ~\ ^^,, ~U w~ N ~ v ~~ o ~ w .~ r ~~ Vy m ~` / ~ r ~ w m o O N ` ~ f N ~~` ~ r I'p'_ ~ y N s ~ cp Q sa o W ~~ 1 m ~ : o~ .. p ` ° ° 3g. 5l62g. ° ~ 39. `9.4p?r` \ l3G2g. O ~`~, ~~ O \ -- A D ~ lsB 94 z ? ~ ` 2 g m N N ~ N!g°s 9 R_ pp pp 2T Z=369.34' ...~ m _, ? D m ~ +1 329°L6, 4'25°27'p6. \ t m ,~~~ ~-=369.34' -t ~ j _I ~ ~, ~ ` 4`z6°2Tp ~, L/~ .. a / ` .~ o y ... o ~ i ZQN f N~i9~ ~`_~ N S.72 4;- ~ a ~ 65' d - ~~O 0 V]O OOH i y ~ y 633, ~-~ 2~ y \ °~;o ~ ~~ ~_ n ~- p .-_ C7 N rn n q `o ro Nr ~ 'N o A V1 ~ -p 6~ N_ ~ ~ O 'a ~ ~ ~ ~ o (~ O ° m _ ~ =m~ aom ry* i w ~ y C W ~ A ~i N 9 O ~°n o~ W O H Z ~ ~' O _~ ti a O o U 0 A 0 A O N O O Q O ~ O ~ o D D ~~ O N A o U r N W ~ Cn U y a _ r O ~ v+ ° O ~ r W m O W ° c / vl ® ~ ® ~ O O a m 0 ~ ~ 0 ~ 'J ~ ~ o m a D O N ~ W it A ~ N ~ A U! O N m Iv W b p O tA9 w N W ~ N A ~ (P W 6l ~m ~~ oa o~ ~o S ~p~p ~2 v~ tia ~n y~ m n~a ~ C~a ~ Z~O n a`'~ 1 ~O~ 1 ~o~ Z ~g~ a ~~~ C ~~~ ~ aka 4 © ~'r/ v ~~ ~a ~~ ~y ~~ ~~ Tl ~ ~ ~ ~ ~ ~~ ~ 1 ~ ~ o~ ~ N ~~ ~? ~ l 11 4 L~ ~ ~ C/TY L/MIT L/NE .~ /rte GITI' OF T~MEGI~LA ~ ~ ~~ ~~ ~~ p=21°14'51" ., ,~F~ nn' L=611.88' Wesfern Bypass o p=21°1a'Sr' ~ g={6D 0.00' L=5g334~ ~ ~ ~ ~-~-~ ® a for ~. Corridor 11 I 1 ® 1 Ra550.00' L=574.80' ]~ 92, p_2l°44'51" /?~%"c' ~/ W W A N m W yr °O ~~ ~. A ~' I V ~~/ 0 0 1 . d ~ ~ •l ~60° `00 9:a ~~ \d\ Oi~q ~ - ~ ~n \ .~ ~'~•Op ~ m ~ N- r ~~\ ~ ~ ~ . ~ o0 ® m ~ ~, '~ ~ z ~O° c - ~. ~ ~, A q ° ~+ O /.t~ ~~ Z \ vy ~` 9i9'a, ~ ~ w : a ~9 `~~. ,t ~ O //.LaM1 ~'~•~ gta~ ~ / o 'b ~~. ~c,'A~~s^ /I ` I L~ ~ ~~~," \~ J r~ ~ ~ a ~~ _ ~ 1 P VIA INS fFtIA l l II`4 l 4~ ('~ ~• mZ y i Z ~ ©~ D ©~ D ~ D X ~ O 0 m mo o~vv m ~mrn o< r'I co anss zc a v-~~a cz ~c~~ ~ c a ma ~ ~o~z zz mz8z zacz a N~« IT7 ~rnr~'n °-~ fr'I ~ C~o~v nvw 8i2-m Z ~= as ~ a w m rn mvzcm m Z ooh ~m Z s.mn~~Q ags mm~ a ~ c7 za ~cr~r~ ~ room rr ~ ~cp yn o n G!O qn mat m N~ZCZr O rn~rn ? to ~ m rn n C O N ti ~ N U 0 0 0 C o p t i' ~ a C ~ _~ i~~q ~ °o =o 0 om~zg~ ~_~_ ~~~cz ~ ~~y o ~ °~ °.4A++$s n ~~ ~~ p zja~cmb w-n~z ~°yz m sw -_ v D ~= IQi Z rn ~y mz°=1n N~~rn ~w~o~ m y ~_ g n ~~ ~m~ p g~ R~ -ni cc~~~ z~~{d ~OVZ~ ~ ° n o ~ O N Cf O rn f*I W m z ~ ~ m A m (~ ~ N m A S Z ~ 0 2 V~ m m to a '\ a oa mfg 2 ~-*I 5~ Q nlRi~s zapO nsf7i° O o~ o ~ C ~rn am9' .Z7 ~~ ~~"~ = m~z~a o°~~ ~°~a y ^ ~ ~ m ~ .y nn o f JC O~ N ~ rn C ~ 2 A n 1 m~~ Q n T~ W y N g ~r ~ 5~~ Z gr~, v~Q m0 ~"°O~o o4fc+151 w°cz -f ,-1 ~ Lg~ o ~n~ zz >ym -i ~O~ o c~ Z ~jpov ~a ~m ", 2 ~ ~cm ~"' ~~ ~N°yN r~C Z~z~ O o ~~o o zr7. woaTO z~~ ,-yZZZ o ~, N INTO z~ ~~ -r~~-yz ~~a o=vo Z ~ O ~~ ZO {iyly~~ ~ ° ~ . K y GI I~j C N O { ~ ~ 1 ~--=~~ ~ ~ ~ _ ,OL 4 -= - JYY Ir iX ro I ro g `1 `~ I 11 ti N _ . _, I ~w ~y~ I ~ o N r2' I ~o I ~; I I I b rn a F ~ a' z / "` ~=' \ / ~ > o I ~~ ~ ~ l ~. N m r _ rn j~ ~z' ~ a V ~ It I~ ~ ~a.~y_ o („ p A 0 I ~ ~ m ~y C ~ ~ 1 n o ~y~ ~ ~ ~ I~ I z ~~ ~ z n N ~\ r~ ~ `~= ~ 0 ~ ~ I .-= ;. ~ ,- ---~-~ ---~ z -- - .. ,.:. Ot _ 1 --------------- -~ z l m I ~ o l ~ m `~`` '~ %[7 S W .9 ~ m ,} I a ~ M~ U1 UI I I w z ~ O ~ O ~~ ; I ~ v ~~ I I -~ a ~ ~ 4 ili' m / ~o ~ I I AN ~~ W 2 ~, r "III ~ ~ a I I 1 ~ I C I II as' a s o ~_ \ I n 7' I I so' ~ ~ 1 COL' ~~.. ~ y ~ ilia r~ 1~ ` m \ O v V I I J~~ v {y a ~ ~1 I III p~~ 4 1 / ~ ~ O ~.. ~ ~~ I I I N ~ I I I v a i m ~w ~ t II ,I ~o ~~ ~~ ~~/ ~ III 11 ~, i ~ 4 .. I I ml II I ~ O~ p ~__ - _ JL__ ~, ~ 1~ ---__-__-_-~-_--- - =-~ ~ II ~'[~ r II i ___ I ~f, t Q I I ~1 I I I I I m ________ I - !~ N~gso22C ~~ ~" r i m III _-_ _ qty, in "~ f ~ ~' ~ ~ `I ~ III ~ ~ ~ Q ~ ~ la ,~ ~~ r ~ I 12' ~ ;~ o ~~ ~ ~ rs / ~ I r5' N~9S32gfi I!i ~ ~~iU f III I~ ~ ~ I I II !cn A i~ / Jg,Qo l~ elm ~~'[ / r III t2' D V) t~ RoQ ~'' ~ ~ x `" cy I r5' "~ ~ ~ i~ YI ~ ~ _~ ID ft -i f o o o o o h; o o o o o o o o o o a Z ~ O N (n N W (p O ? ~ V,j V Z (S O N W ~O [.N hj ~ ~ N t0 (n ? N e U Z is ~ N Vl W ~ cD (n W W cO W VI ? J __ W Vl ? V __ W In f~ J __ W IV i (~ (A N Cn V! N ~O 4i O ' N f~ ~ ~ W ~ ~ ~ ~ ~ ~p ~ g m m m N r~ W ~ p o 0 0 o ~ O O 0 (II ~ O o 0 N 6~ rs 40 ~ 0 0 O ~c o _ ~ ~ V ~ m _ O O1 ~ N ~ rn W W m o J V ~ m O ~1 ~ ~" N o ~ N N ~ ~ W O ~ _ [T ~ o - W N ~ O ~ IO J N ~ ~l W m o O~ ? ~ N _ ~~,. ~ ~ ~ ~r ~ `s ~ ~ q o ~ ~ ~,~' ~ ~J O2~ \ ~ ~ t5 ~~" ~ x'11- N.41'47'29"W. 1198.12' a -0, ~+i 5 o p ~~`~ A1tr ?r"'~° ~ gtr•L9~ 65.25' ~O'`~ 261.69' ~~~ 83.52' 197.53' ~~`~` ~ 123.45' I~ 223.89' 0 242.79' ~ 5J Iwo •~Btr: tL ---- ~~ / % / ~ 21 27 \ N 47 29~ "~ 33 3q ~ \ \ r(~ ~~~~0 ce ~~ ~ o _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / e ~ 36 233.05' 'r' \ \ '~2 ~~ m n ~o, - o_ \ 5N _ Q p 4~ ~"~ ~ r \ ~1\W \ l1~ I I 1 \m O~ 1 ~ I ~ ro ~1 w ~ I o I I I I~~ b I 1 '= I ~ o ~~ ~ ~~ 4 N ~ I I I I ?I ` I 39~ ~. G~ ~ ' ~ ~ I ~ N I ; m m I ~ I I I 39. J 39• w l I N w o I I N I I I "' r I m I Cpr ~ 0 ,02 I I ' ,OZ I I I I 50' - I / oy ~~ ter Road ~_ Y I j ~ `, I I 5 ~ ~ ~~ l~ ~ '~ ~ 1 ~ q1 I I ~ ,q~ i ~ ~~ 1 ~ ~ m m"sz' is ~N fsac_ru ,qi *, ~..- I I /o A ~~ I I ti _C ~ sa .arfa~ f~~ .~z'gg1 m I 1 = - _~~, _~~1_J L ~_ 'Ea'sel i y ` 05 ~ B5's6l c7 I I ~~~ M„Lf,s0.L£N ~B4 ~ I I 5N z f I ~:~ - --_ - _ m ~~~ I I " ~ w D ~ o ~~ - I p ~~~, °0 1 I A I1,~ ® ~ ~ N a JJI I 16' r r ~ Itl r~ cj ' v ~ ,t 16' ~ 2 0 ~ i i~ J< ~ ~~ z ~ ~~~ C) ~ ~. a ~ ~~ ~ ~~~- N C 5p. ~~ J~O, om O_ Sp !~ '1 ~M1y \~ ~ ~ ~+~ z~ ~ n ~7 O 51 8z O b~. ~, o ~ 1m m~ y ~ Cp sb° ~ h ~ ~ ~ a I'!l ~°czz ~ ~~a ~°m~ ~ m~z~zz mzBz oz~cz ~ ~yy,~ ~ ~rC- c°~ V'~YY z zoi zam Z ~~n~aie bzga WC°zlzns O "1 n °r- 5= ~c~~~r~+ ~ ~sz ~ryFi ~ n~i~°z~z~ " ~ ~~c~ m ~ ~ ~d q za n cv z~~ z° ~ ~°z °c~g~ ~°cz ~~z~ y ~ 1'I vvi~i iv~,~s ~ t7i°o r~i=v O om~iz~ Moog vQi~4 (n ~ ~Z am a0 Z ~ }}s }~~ 11"~ K- m tM C m_ (1'1 ~ ` T za ~~'^a D 2 ~ 2rn ~ Cm rn~z v~NZ ~ ~ ~ °m3 Y'~~ m °zg4 °z~~ D v°;rn~ zc~a ~jOba Z ~ C ~~ ~ ~ r~ma D ~rn~ ~~~ ~ cc~~z Nm~~ ~z~ 1 a dcn ~~ ~ ~ z~o z z m mmz ~_ ~~m z~a N ~ ~ M~ O o~ mrm ~, f= mNrn mo~ ~ nnz~z opz~~ nzm° !~ `( ^Z] R1 ~a N ~ ~~ ~~ ~ca~+i o N uivnx V ^j C-i °z~ amy m c~sm crn m nZZ a w.nzo~ ~~~~ ~ d 2b ~ ~ 1n ~m a~^ age ~ ~ O A ~I m zrn O v c vzrn .Zl ~ o°*ri~i •~g~~ tw O ~~ >, 7c yr -~io Z mg~ m~yQy O \6i~~~ OyZC~ G'rncm v7 y I ~ O~~ N~~ NnK ~ ~~yog ~r'Na N~OC aV 0 .'Omp i v rno vv vn p N rn zrn- ~o oyc_? z'~ nn b T ~. RIT ~ ~ ~~C?_ I~ya ~y O ti~ ~ \ ~N~ o ~ zurnicrn ~p °° z ~m V V ~ ~ ~ ~ W hj ~ o to h v N U N W N ~~ o o O i O - P ~ ~ ~ A A O O A A A A p p ~ f- ~ ? ~ w J N w J J ~ N w N J J ~ J ~ J ~ N w W v p N J W m ~ ~ m ~ ~ ~ m ~ m ~ ~ ~ ~ ~ m m ~ m ~ ~ ~ ~ W W N W O O N QI O rn V O p~ ~ 4 O N P ~ N V O ~ ? N W p~ O W 4 O ~ ~ v o ? ~ r~9 A ~ m W ? o o ~ 4 v rn a a W N ~ o w m C n t o ~ N J ~ ~ Ln O O A O O O s N A O ~ ~ m ( O ~ !~ O w ~ ~ W J N N U ~ W N W N W N CN N W N W m ° m ~ ( O ~ ( lIV ~ m ~ ~ m m m m m ~ a a 0 4 °o Vii 6~ O O ~ v j ? O W V ~ ~ ~ N V ~ 'l p 6t O U Ol W tO ~ ~ W W J O ? W • V ~ 0 o w w - - Q Y ~ W V Ol Cll A W J O w w o ~ J (O O m QI Q~ N (OD ~ NO ~ ? pQi ~ U U O~ N m m ° A w ° p o O o ° ~ 0 o t ii W ~ O O O w y O m O ~ ~ A O O N N O m ~ (N W O ~I W ~O ~ p _y w 0 D rn W w V O O O O O A O O ~ w ao A O cn O ~ ~ o [n U o 0 - A ~~ 0 O ~ ~" Q ?J .TJ mN ~ O O A S °; O O O O m ,p N ~ O O O O DO OO ~ tp IV D b ~ p ~ DD a T ~ O '~ ~ fai W W (n O - (]i W - r O - IV - O A_ r r r m O .. r r o iv A ~ i+' m W cn Q O O o ~ o o ~ o o o 0 0 Ol O a'1 N O _~_ ° t4 ~U ip0 rti Z ~. (p zU ~ 0 ~° 31 ~D O 0 o A O O 0 ~] LAP O o AA m m O Q o ~ ~ N o ~ N ~'O D o ~ - p cn ON ni LnN O o 0 00 LJ O ~ ~~ ~~ ~~ p D D DD ~ °:D o ~ II . W <n N W ~ N °' m ~ - O m W~ o ~ m s- ~b ~ A a N ~m - W - ~ O rm ~, ' '= U' W A m A ~ r ~ W r O r N r r'p' om- ~' W W y r A W N~ W V ~ ~ W _ N ~ A rn z C_ Z 'S rn z D r 0 z n z rn rn ITEM NC}. 1d Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: August 26, 2008 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 23064 (Located northeasterly of the intersection of Deer Hollow Road and Peppercorn Drive) PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. ACCEPT substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064. 2. ACCEPT substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23064. 4. AUTHORIZE the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23064. 5. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: Tract Map No. 23064 was originally approved by the Riverside County Board of Supervisors on March 26, 2002. The Tract is located within the Redhawk area which was annexed into the City of Temecula on June 30, 2005. Following annexation Centex Homes submitted replacement bonds and agreements naming the City of Temecula as the new bondholder (replacing the County as bondholder). The current subdivider, Centex Homes, has recently sold the project to Corona Redhawk, LLC. Corona Redhawk has submitted substitute bonds and agreements. The following lists existing securities and agreements secured by Centex Homes and posted by Bond Safeguard Insurance Company to be released: 1) Faithful Performance Bond Na. 6389576 in the amount of $145,850 *"~(Bond was reduced 90 % from $1, 458, 500 to $145, 850 on May 30, 2008) ~* 2} Labor and Materials Bond No. 6389576 in the amount of $729,250. 3) Monumentation Bond No. 6389577 in the amount of $53,100. Original Bond Company: Safeco Insurance Company of America P.O. Bax 34526 Seattle, WA 98124-1526 Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Bond Safeguard Insurance Company as follows: 1) Faithful Performance Bond No. 5033843 in the amount of $145,850. 2) Labor and Materials Bond No. 5033843 in the amount of $729,250. 3) Monumentation Bond No. 5033844 in the amount of $53,100. FISCAL IMPACT: None ATTACHMENTS: Exhibit -Index Map for Tract Map Nos. 23064 TM23064 Substitute Subdivision Improvement Agreement (on file) TM23064 Substitute Subdivision Monument Agreement (on file} TM23064 Substitute Subdivision Faithful Performance Band (on file) TM23064 Substitute Subdivision Labor and Material Bond (on file) TM23064 Substitute Subdivision Monumentation Bond {on file) s~~ C1J J 1f! Q 11'1 S1 <n W a ~O s 0 a< 0 N W 1- . N ?I~ z ~ ai ~y 77~~ ~'_al ~Ll z N- N. = ;: ~~ Z ~ ~ra O `~u \l~ oi~ s~` ~ J' '<o a < ~ f, vg f "~w ~ ~~ ~'~ ~R ~ ~~ ~~ _ ~ Y ~ .'3 ^c : ~ ~ Oc' Z ~ ~z .°Jw N S 1}414 ~'-' S~ i ~,'~i,~ ~I bj~ ~ ~ W oz ,2 s ~g`~~ ~ ~ +~~~ a~ o o - -. 7i'~~i`F N `•~ / r'• ~ f i ,1 Z~ Y~ to r~ < w ~ a 8 I ' t /~ C. r, _ .~ Q - mecur r ~ _s ~ - tLf~ Z i i - i Il ~ - i ~. ry N ~ m' m q ~ l-q ~ ~ _ ~ ~ ~U ~ ~ ~ ~~ ~ ~rrC $~~ a >r n' _, ~1 ~ ~a.: c 5 y r _ pp N J ~ ~ O ,^ - ~ _ ~ d ~ G Z _ ~,2ur ?''Z= a ~ < if' l't __ '.: '.1 ~~d0 d¢po ZC: •z~~ ^~o ~°` 1Z'° r: °. ,.O ~ .,os pan ``' o~z~ 2j x UL U~ ZON ~ G 6 `~ ~ C ~ ~ •\~\ ~Z Nx; Uj VC. ~ts~iTJ wI;? Jn VqNt V 33 Uyi S O ~` '~^~~. ~._ ~C <C C0~3\-~ sn '` ~, l-~ ~J¢ v .". z `cl °' ~_ 'o N J G ~,` op ~'~=a so W ?~ Y J c52 ~ ~ ~ ~o ~ ~ ~ 4~ k ~~ o: N ~Y ~ ~z gS^ ~ Y~ s Y ~ >r~ ~~ ~ „~-, ;Q~~ w. _W8~ ~_~~ r~~. "gg e ~ =oY°'-'Si~~oi_ 7Fg~<u7~~~~~g ~, _Yr~ •1?,..~Yn YE c : _ a o ~' -~ z~ Y~oo Y~` S. s ~ og 37 Y o s o ~ ~~:o ~~wa i~ i = JP " Z s'~ as r-ga <._j ? `~ n ~ ~ `~' ° N N z F- o~ry~ ~~-;< i `a oast ~ v. ~ r' r N z r SS z W ~c'c"i i" ~ `c -`, ~ W <°1 ~° "f°,n 'uuv`~ ~ °~ _ ~ C u z _ ~l `J°+^ e~ Y ; ~ t `_7 _~ <.,~ .. Zj oo , • a ~ ~~.,3 S (n '°oc ~'e~ iy-Lia inn c: j ~~ ^_ 33~ ;c l s~`<s~ inn c~S- s~4'- i3o ~~ i i .. ~ TY 3 ~ vyc fall <~a ~L'ic~ ~`~` iv,Q W ~ 1 ~ ` ~ ~ ~ Y z y u = rd r6 ri _ Fo 0 0 ~ in m i R _' ~^ ` 1 . ~ ~ ! If ! ! ~ n n R ~ ~ Ri ryl ~ rl --~ ~ I 1 I i ~ i ~ c I ~ ` o p ~ '$ m ^ $ : r ° o ..' Y a 2 ' °o o R ~I :7 r' R ~I' X 7~ z: " R' ' `I ~R 3~o hti~ R ~.:.s °_ 5.. Q ] . ' N _ o . 1 _ Q ~_ iQ $ ~ I ' 8 8 Q ig 8 1 R o I 8 ' ~ ~ g ~ ~ 0 . ~w ~a~ ttt asa tt sas~ o ~ '~o'~~ : lg t R ~ r :tt :oss t s t8I8888S o ~ 8 888 1. ~ ~~~~ ~ ~f ` ~ ~S$888i888g~88 . -; ~o . r,.,~c ~ ~aR : J l ~r I in b g I h ~, c~ t ~ la '~° -fi hl~ g Y. ~ ! F ~rl gib I ~ n' ~ ti ~~g ^ til. ~ ~ a ~ ~ ~ b~P. ~ ~ ( , , H ~~b .3 =1ti ti b b 1..1= _ ~ _ ~ = r = z = I tI = r~= _ _ = = ~~~ ~~_ _ ~ , , ~ ~ _ ; ~ _ ~ i l . = . ..<-~- g -- - J ~ : ~ - -- -~~~~+~' mo d' ~ ~ ~~ - ~ ^~ ITEM NC}. 11 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: August 26, 2008 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 23065-3 (Located northwesterly of the intersection of Pechanga Road and Peachtree Street -Centex Homes) PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. ACCEPT substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23065-3. 2. ACCEPT substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23065-3. 4. AUTHORIZE the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23065-3. 5. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: Tract Map No. 23065-3 was originally approved by the Riverside County Board of Supervisors on May 21, 2004. The Tract is located within the Redhawk area which was annexed into the City of Temecula on June 30, 2005. Following annexation Centex Homes submitted replacement bonds and agreements naming the City of Temecula as the new bondholder (replacing the County as bondholder). The current subdivider, Centex Homes, has recently sold the project to Corona Redhawk, LLC. Corona Redhawk has submitted substitute bonds and agreements. The following lists existing securities and agreements secured by Centex Homes and posted by Bond Safeguard Insurance Company to be released: 1) Faithful Performance Bond Na. 6389578 in the amount of $146,000 *"~(Bond was reduced 90 % from $ 7, 460, 000 to $ 7 46, 000 on May 30, 2008) ~* 2} Labor and Materials Bond No. 6389578 in the amount of $730,000. 3) Monumentation Bond No. 6389579 in the amount of $97,000. Original Bond Company: Safeco Insurance Company of America P.O. Bax 34526 Seattle, WA 98124-1526 Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Bond Safeguard Insurance Company as follows: 1) Faithful Performance Bond No. 5033846 in the amount of $146,000. 2) Labor and Materials Bond No. 5033846 in the amount of $730,000. 3) Monumentation Bond No. 5033847 in the amount of $97,000. FISCAL IMPACT: None ATTACHMENTS: Exhibit -Index Map for Tract Map No. 23065-3 TM23065-3 Substitute Subdivision Improvement Agreement (on file) TM23065-3 Substitute Subdivision Monument Agreement {an file) TM23065-3 Substitute Subdivision Faithful Performance Bond (an file) TM23065-3 Substitute Subdivision Labor and Material Bond (on file) TM23065-3 Substitute Subdivision Monumentation Bond {on file) ~` ~ V R ~ ~E LY ~ R ~ ~5i ~ c o ~ a !~ a x o o u o ~ S ~ ~ ~9e a" 5 e as t~ ~ 5~ . _ 9 a aJ _ s>~ °~ X t1^b '[ f!. &;, R 4 q 1 R d R Q9 44 4 4 q ~. R b, w ~ h'~ ~ v° ~~ F° ~;~$ R ~~ LNG R.- R7S _~ 3 3 5 S d 5 5 A4 i_~ :~ W W~ ~~@ z~ a R3~ g~ a~ R; 4 b b ~ ~ ~ Y e e b t ~ ~ Y ~ c~ o ~ ~>~ ~ . ~ ~~ ~~ aN ~ ~~ ~ ~~ ~ Q~g aJ ~~ s ~~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~~ ~~ ~ ~~ ~~ ~~ ~ ~a~ r ~ ~V= f9t .~ .~ - ~ x~E;o a £ ~ ~ ~Ec' ~N ~ c'E ii~ ~' '?~' - Z 3 a 33 n ~~e c h k{ci Y~~ a: :v ~~: n~ sE ~ ..-f F~ 4 ~ t k' ~ ~" k k' ~` ~ y~ ~ ~ ~~ b bar - . ~ ~~= ~a<Y -y on ,.~.~ F.- ~ ~ ~ ~`3~ c'4 _ ~` `~ ~2 ~ ~:,~ g ~~ ~ ~ ~h ~ „~~ ~~+~ ~4 Y~a d~ ~ ~ f ~ . as~ ~ ~a ~= g~ ~~ ~ _ ~ a ~ ~~ ~~ Y~ g~ ~~ ~~ v~ ~ ~az ~` 44 ~ ~ ~~=:+ y rye ~~~ Ee 'gx~ ~$ Q =~ =o ~4~ =~ :st v~ _~ 4~ n3 :. _ :r" ~ =~ __ ,o ,o co B a~ ~ ~~t 0{ ~~ ~ .. ~ - ~Ib~ 1~F a~~~ 7~ y ..~ a~ ~ :.~ .b «9 d9 d~ r9 J,3 !~~ _~! ~' ~zg _ ~ ~ ., ~I 7 ,_- ~ ~ c a j--~ p ;~ -- z ~,:~_i i:° ~ ,,=.. ~ as a ~ F J J I~ ~~~f o ~~ ~~m 'r~N°R `i9~3s,: i~ ~a_~ g I NO(~ t., I Z \ ~~~-t - a UX ~ `c`\r~ ~ ~ t~fU{iVl~2J3S321 FJ' tvi NO:SSItti C'~NVHJ3d I + '` ~•: a• Q ~ ~ .• x f ~~ >~~~, zw ,~ ;,r ~. ors .fu~L x t~. ~+ ` oil >- :~. _ . ~_ ~ hbs n x z°.n iC \ c'~y~ ~Qaf" ~\~--x~ ~.._ ^A- --1/ ~ 1. ~a L ~_ 1 '`w h~ z r ~~-'•9- %~<~ o. 6 d S 41 j "R~~ ) ~ 4 .~ ~ 9 ai G Z j as ' _ ,~~ ~ ~I,` ~ r-- r\ ~ x z s vs. I ti- ~ ,,,, _ F.~. I U r ~\ t;$='s8RSi5 R8 ^B8 =8te:8 a^:1 ^'^8~ 'O 6 ~\\';;g~~ ~I'°$ ~ ~3xYg~°`' ^~ ~~~ -~s'~ 8~r~~n~ -~ ~`a,~ ~ lJ 4 ~[~ /~ /moo ' f% otie r ~ _ Sift§P§S1S?S? xX fi88 8R~7S Si~S+x~xsi° ,~J~~`~ ~~Jd, L~ ~_ S-^. ::: YY.Y ~a RRR 3:,°R ^fooo_~ ° ~i o, ~' ,~~ rP A" q ~ S' ~. /% ~ Y R$ A$ $ YR _ _YY :n~3=~RHR7 ^'8= alb ~ '~ {^ z~~ -~i i, g ~ sl eas.._s a8 a "a ~ ~~ ` ~ ~ lO h.`°0. °., ,_ ~~ ~I~ ~~8~`.°t ~ $ R p'p \^'rs ~- i SOP :~ I3~~~ ~ ~ /r' p -m _ ,~ ~; ~ ~aaa: ~ :.~~~'-S?k88R34R~FlH«xS5883~Q3J~Par~ cy~ ~Yo ~ ®~ Qp "jo ~,~ fia:~~::.°:six33Rs27R°RRRRXn~:{7°:oos:2RP ~'G `~ ~~ ~' J-~ \ /~; ~~~t~: ------ ITEM NC}. 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: August 26, 2008 SUBJECT: Agreement for Design and Creation of the Town Square Fountain Art Piece with Pardell Design PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the City Council Approve the agreement with Pardell Design for the Design and Creation of the Town Square Fountain Public Art for $83,550.00 and authorize the Mayor to execute the amendment. 2. Authorize the City Manager to Extra Work Authorizations not to exceed the contingency amount of $8,355.00, which is equal to 10% of the agreement amount. BACKGROUND: On June 26, 2006 the City Council approved the master plan for the first phase of the Old Town Civic Center Master plans which includes among other things includes improvements to Mercedes and Main Streets and the creation of a Town Square within the confines of the Main Street "Y". The Town Square will be a prominent park feature in the heart of Old Town. One of the key amenities in the Town Square will be a fountain that will be visible from all points surrounding the Town Square, the future Civic Center to the East and Old Town Front Street to the west. On March 18, 2008 the City Council awarded a construction contract for the construction of the Mercedes and Main Street Improvements and the Town Square. After the award of the contract and construction on the street improvements started it was suggested that the artistic features of the Town Square Fountain be re-evaluated. To insure the Town Square Fountain fits in well with the surrounding architecture and still functions as a focal point for Old Town, a group of local artists was asked to provide their vision and provide concepts for a fountain that will also serve as a piece of public art. The fountain concepts presented by Christopher Pardell of Pardell Design were selected as best fitting for the site. Staff has negotiated an equitable scope of work and fee with Pardell Design to complete creation and design of the fountain art piece. FISCAL IMPACT: The Town Square fountain is a part of the Old Town Infrastructure Project-Town Square included in the FY2009-2013 Capital Improvement Program which is funded with RDA bond proceeds. Adequate funds are available in the project account for this request. The artist's fountain concepts modify the fountain design such that the actual footprint of the fountain is smaller and less equipment is needed, thus a cost savings may be realized. The impact to the overall fountain cost will not be known until the fountain design is completed and a contract change order is negotiated with the Town Square construction contractor. ATTACHMENTS: Agreement AGREEMENT FOR ARTIST SERVICES BETWEEN THE CITY OF TEMECULA AND PARDELL DESIGN THIS AGREEMENT is made and effective as of August 26, 2008 between the City of Temecula {"City"), a municipal corporation, and Pardell Design {"Artist"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 26, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for one {1) year additional term{s}. In no event shall the contract be extended beyond one {1) year. 2. SERVICES. Artist shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Artist shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A. 3. PERFORMANCE. Artist shall at all times faithfully, competently, and to the best of his or her ability, experience, and talent, perform all tasks described herein. Artist shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Artist hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to payArtist, in accordance with the payment rates and terms as set forth in Exhibit A, Scope of Work and Fee, attached hereto and incorporated herein by this reference as though set forth in full. Any terms in Exhibit A other than the payment rates and schedule of payment, are null and void. This amount shall not exceed $83,550.00 forthe total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Artist shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Artist shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Artist at the time City's written authorization is given to Artist for the performance of said services. c. The City Manager may approve additional work up to ten percent (10°~) of the amount of the Agreement or $30,000.00, but in no event shall the total sum of the Agreement (basic agreement amount and contingency amount) exceed $30,000.00 or the amount approved by the City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Artistwill submit invoices for services performed. Invoices shall be submitted in accordance with the Schedule of Payments ,attached hereto and incorporated herein as Exhibit B. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Artist's fees it shall give written notice to Artist within thirty {30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may, at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Artist at least ten (10) days prior written notice. Upon receipt of said notice, the Artist shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the 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 Artist the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement, pursuant to this Section, the Artist will submit an invoice to the City, pursuant to Section 4 entitled "Payment." 6. DEFAULT OF ARTIST. a. The Artist's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Artist is in default for cause underthe terms ofthis Agreement, City shall have no obligation or duty to continue compensating Artist for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Artist. If such failure by the Artist to make progress in the performance of work hereunder arises out of causes beyond the Artist's control, and without fault or negligence of the Artist, it shall not be considered a default. b. If the City Manager or his delegate determines that the Artist is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Artist with written notice of the default. The Artist shall have ten {10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Artistfails 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. OWNERSHIP OF DOCUMENTS. a. Artist shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Citythat relate to the performance of services under this Agreement. Artist shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Artist shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall became the sole property of the Cityand may be used, reused or otherwise disposed of by the City without the permission of the Artist. With respect to computer files containing data generated for the work, Artist shall make available to the City, upon reasonable written request bythe City, the necessary computersoftwore and hardware for purposes of accessing, compiling, transferring and printing computer files. c. Upon the acceptance of the Artwork bythe City, all right, title and interests in the Artwork shall vest in the City and the Artwork shall become the property of the City. Further, Artist hereby conveys to the City the Artwork as well as the design, concept, and images of the Artwork, and further conveys any and all other rights and interests Artist may have in the Artwork. 2 Artist acknowledges and agrees that Artist has no further rights in the design, concept and images of the Artwork except as may be granted in writing by the City by a separate written document. Artist hereby authorizes the City to use the Artwork for any purposes, and further consents to and agrees that the City shall have the right to relocate the Artwork, without further notice to or consent of the Artist. Artist also hereby consents to and authorizes the destruction of any of the Artwork which, in the sole opinion of the City Manager, has become damaged by any cause, without further notice to or consent of the Artist. Artist hereby waives his or her rights in the Artwork under California Civil Code Sections 980 et seq. and 17 U.S.C. §101 et seq." 8. INDEMNIFICATION. The Artist agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, and/or District, its officers, agents and employees may sustain or incur orwhich may be imposed upon them for injury to or death of persons, or damage to property arising out of Artist's negligent or wrongful acts ar omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City, Agency, and/or District. 9. INSURANCE REQUIREMENTS. Artist shall procure and maintain forthe duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Artist, its agents, representatives, ar employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liabilityform No. CG 00 01 11 85 o r 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 {any auto). If the Artist owns noautomobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. If the Artist has no employees while performing under this Agreement, Workers' Compensation Insurance is not required, but Artist shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Artist's profession. Minimum Limits of Insurance. Artist 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 project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accidentfor bodily injury and property damage. 3) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) peraccidentfor bodily injury or disease. Workers' Compensation Insurance is required only if Artist employs any employees. Artist warrants and represents to the City that it has no employees and that it will obtain the required Workers' Compensation Insurance upon the hiring of any employees.) 4) Professional Liability coverage: One million ($1,000,000) per claim and aggregate. c. Qeductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions must be declared to and approved by the City Manager. Atthe option ofthe City Manager ,either the insurer shall reduce or eliminate such deductibles arself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Artist 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 Artist; products and completed operations of the Artist; premises owned, occupied or used by the Artist; or automobiles owned, leased, hired ar borrowed bythe Artist. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) Far any claims related to this project, the Artist's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance orself-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Artist'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 City, its officers, officials, employees or volunteers. 4) The Artist's insurance shall applyseparatelyto 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 bythis 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 Artist shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Artist 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 4 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 Artist's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Artist is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services underthis Agreement on behalf of Artist shall at all times be under Artist's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Artist or any of Artist's officers, employees, or agents, except as set forth in this Agreement. Artist shall not at any time or in any manner representthat it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Artist shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Artist in connection with the performance of this Agreement. Except for the fees paid to Artist as provided in the Agreement, City shall not paysalaries, wages, or other compensation to Artist for performing services hereunder far City. City shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Artist shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Artist shall at all times observe and complywith all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Artist to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Artist in performance of this Agreement shall be considered confidential and shall not be released byArtist without City's prior written authorization. Artist, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena ar court order shall not be considered "voluntary" provided Artist gives City notice of such court order or subpoena. b. Artist shall promptly notify Cityshould Artist, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, requestfor documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement, and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Artist and/or be present at anydeposition, hearing or similar proceeding. Artist agrees to cooperate fully with City, and to provide City with the opportunity to review any response to discovery requests provided by Artist. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. TO City: Ma!!lnQRddress: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Physlca! Rddress: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Artist: Pardell Design 1048 Via Zancas Fallbrook, CA 92028 Attn: Kathy McNeeley 14. ASSIGNMENT. The Artist shall not assign the performance of this Agreement, nar any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Artist's sole compensation shall be payment far actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Artist. 15. LICENSES. At all times during the term of this Agreement, Artist shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Artist understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Select shall take place in the municipal, superior, orfederal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined bythe Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Artist, or Artist's sub-contractors for this project, during his/her tenure, or for one year thereafter. The Artist hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Artist or Artist's sub-contractors on this project. Artist further agrees to notifythe City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, 6 are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Artist warrants and represents that he or she has the authority to execute this Agreement on behalf of the Artist and has the authority to bind Artist to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney ARTIST: (Signature) NAME: (Printed Name) TITLE: Name of Contact Person at Company: Kathy McNeeley Mailing Address of Company: 1048 Via Zancas, Fallbrook, CA 92028 Telephone No. of Company: 760-728-9236 Facsimile No. of Company: None 8 EXHIBIT A SCOPE OF 1NORK, FEE, AND SCHEDULE Schedule Artist shall coordinate technical design of the fountain with the City's design consultant in a timely manner. Artist shall review forms and molds for underlying concrete structures upon 2-business days notice Artist shall coordinate delivery of necessary the mosaic material with the City's construction contractor. Material shall be fabricated and ready for delivery no later than October 1, 2008. Artist shall coordinate delivery of necessary bronze acorn(s) with the City's construction contractor. Material shall be fabricated and ready for delivery no later than November 15, 2008. Artist shall coordinate delivery of necessary bronze letters "Temecula" material with the City's construction contractor. Material shall be fabricated and readyfor delivery no later than November 15, 2008. Artist shall coordinate delivery of necessary granite plaques with the City's construction contractor. Material shall be fabricated and ready for delivery no later than December 1, 2008. EXHIBIT B SCHEDULE OF PAYMENTS 1. City shall pay Artist fifty percent (50%) of the agreement amount upon the execution of the Agreement by both the Artist and the City. Artist shall be responsible the payment of all materials, supplies and third party costs for the design and installation of the Artistic Work described in Exhibit A. 2. City shall pay the artist an additional twenty five percent (25°~) of the agreement amount upon delivery of all materials to the project site ready for installation by others. 3. The remainder of the agreement amount shall be paid forty days fallowing recordation of the Notice of Completion, provided thatthe amounts of any stop notice(s) and the City's costs of resolving the stop notices shall be deducted from the payment until such time as the stop notice(s) are resolved. Pardell Des~n OTCC ~o~ ~e~~~i ~~~ & Scope of Work 8/7/08 Pardell Desigr 1048 Via Zane Fallbrook, CA 9202 (760) 728-92F Studio: 300 E. Alvarado Strr Fallbrook, CA 9202 www.pardelldesign.com The attached images show our proposed design for the revisions to the fountain sited at the OT( This is the design selected by the Community Services Department with the revisions reQuested by Council Members, and after consultation with NM&R Architects, SWA Group, Formosa Fountair Our design objective was to use natural materials with simple modern lines to create a sculptural d would complement the surrounding architecture with an understated object of discovery and hi relevance. It was our objective to keep our portion of this project below the assigned budgetary $9S, 000.00 Through consultation with the architects, engineering contractors and Deputy Director of Public W~ the City of Temecula, it was decided to eliminate the lower pool of the previous fountain design. T of the design was seen as being unnecessary competition with the primary fountain. This offset allo introduce special concrete work and facing materials for the revised fountain ~ The scope of work for the proposed fountain design is as fc I.) Pardell Design will provide consultation, both on-site and off, to assure the aesthetic integrity a completion of the project 2.) We will provide color consultation and sourcing for materials specifi ed in this design and prc recommendations for plantings in the immediate area of the fountain design to ensure an aesthetic 3.) We will provide all of the work and materials associated with executing the following artistic el the project and have the following items derived to the a.) The bronze bas relief of acorns for the center of the b.) The brushed bronze lettering (Temecula) for the front of the c.) The full terrazzo and marble mosaic "basket" pattern, netted in sections with installation that will decorate the bowl of the d.) The engraved interpretive/recognition text on granite plagues that will be the bore fountain's trench on the park side of the i 4.) Pardell Design will be on hand for the installation of ~h~ebrastings, mosaic tiling and granite pla installations to assist the various contractors. Materials specifi ed by Pardell Design will be purchasf and installed by each respective building contras Pardell Desigr 1048 Via Zane ~ ~ ~ ~ Fallbrook, CA 9202 ~ (760) 728-92f _ ~~~ ~ ~ Studio: 300 E. Alvarado Strf Fallbrook, CA 9202 www.pardelldesign.com OTCC 'llr~ ~~i Artistic t 8,!7/08 Design, coordination and on-site supervisi $30,000.00 Milling services and form we $8,900.00 Stone mosaic bowl: material, cutting and pre-assembly netting; delivered t $19,700.00 (S% additional material for future maintenan Moldmaking services and form work castii $7,500.00 Casting and patination of the bronze acc $9,900.00 Interpretive/recognition granite plagues (addtl. facing material it $3,000.00 Customized brushed bronze letters with U.V. coating (Terre $3,850.00 Truck transportation of large elements to $700.00 Total: $83,550.00 With the elimination of the lower fountain, there is additional funding for the facing material to be used on the primary fountain. ITEM NC}. 13 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: August 26, 2008 SUBJECT: Santa Margarita Area Annexation Update - At the Request of Mayor Naggar PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council receive and file BACKGROUND: The City Council adopted a resolution requesting the commencement of proceedings to annex approximately 4,997 acres southwest of the City of Temecula. Staff subsequently prepared an Initial Environmental Assessment and determined that an Environmental Impact Report (EIR) was required in order to comply with the California Environmental Quality Act. A Draft EIR was prepared and circulated in February and the comment period closed in April. The City received a number of comments on the Draft and the decision was made to prepare a new Draft EIR that would address the questions raised by the first EIR. Anew Notice of Preparation of an Environmental Impact Report (NOP) was prepared and mailed on July 27, 2008. The comment period for the NOP will end on August 26, 2008. Upon the close of the comment period, staff and their consultants will prepare the new Draft EIR and will circulate the new document in September. Staff is tentatively proposing to take the Sphere of Influence expansion request, General Plan Amendment and Change of Zone to the Planning Commission in November. After the Planning Commission hearing the same requests along with a Resolution to Commence Proceedings of an Annexation are tentatively proposed to be presented to the City Council in December. An immediate filing with the Local Agency Formation Commission will follow. FISCAL IMPACT: None ATTACHMENTS: Annexation Area Map Santa Margarita Annexation Area \'+ / / . ~ ./ .. .M \r C ~/ G .. / ~ ... .. .. ... .... .. ......... ~''Afii. O 9 . . .. . .. . . ........ ~ ........ \i s .. .. ...,,,,, -, .. .. ........ 9AY'NILIpR ¢~; ~/~A/ O y ~t .. .... o ~~Ge U ,~ ..... ............. ,; :.y~hi ~~ ~ ~ San Diego County February 19, 2008 ~~'"•g SantaMargarila Ecological ReseiveAnnexation Boun ~-- City of Temecula Coporate Limits ~RiversideCountyBounclry a ~o iao taco z+oo zwa Fri Parcels R \GIS7DeGangeISMER Annex_Viani~~mxd g f: f ~ ~ ~ ~ ~ ~ ~ ITEM NC}. 14 ORDINANCE NO. 08-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE FOR GRADING, EROSION, AND SEDIMENT CONTROL TO PROVIDE CONSISTENCY 1NITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J' AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Section 18.01.040 of Chapter 18.01 of the Temecula Municipal Code to read as follaws: "18.01.040 Grading Manual The city engineer shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Title. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"}. The city engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Title and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Title, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the city engineer, be binding upon the permittee and those claiming under said permittee." Section 2. The City Council of the City of Temecula hereby amends Section 18.01.060 of Chapter 18.01 of the Temecula Municipal Code to read as follaws: "18.01.060 Purpose This Title is enacted far the purpose of regulating grading activity an property within the city limits of the City to safeguard life, limb, health, property and public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations." R:/Ords 2008/Ords 08-09 Section 3. The City Council of the City of Temecula hereby amends Section 18.01.080 of Chapter 18.01 of the Temecula Municipal Code to read as follows: "18.01.080 Scope This Title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution and erosion and sedimentation resulting from construction, grading, excavation and land clearing activities. This Title establishes procedures for issuance, administration and enforcement of permits for such activities. Any such grading activities within the city limits of the City shall conform to the provisions of this Title and the Grading Manual and other applicable provisions of this Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Title ar the Grading Manual, the applicable provisions of this Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the city engineer." Section 4. The City Council of the City of Temecula hereby amends the heading of Chapter 18.03 of the Temecula Municipal Code to read as follows: "ARTICLE 2. Permits" Section 3. The City Council of the City of Temecula hereby amends Section 18.03.040 of Chapter 18.03 of the Temecula Municipal Code to read as follows: "18.03.040 Permit Exemptions A. An excavation below the existing finished grade far re-compaction within the building zone (within five feet {5'} of footings} or for basements and footings for a building, mobile home, retaining wall, septic system, well or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet {2'} afker the completion of such structure. Regardless of exemption, the Public Works Department shall be notified of activity. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local agency as defined by Government Code Section 53090 through 53095 {special districts}. This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; R:/Ords 2008/Ords 08-09 2 E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, andlor archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 (C), "Administrative Clearing Permit" of this Title. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which {a} is less than two feet (2'} in vertical depth or (b) does not create a cut slope greater than three feet {3'} in vertical height and steeper than two horizontal to one vertical (2:1 }. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Title. I. A fill less than one foot (1') in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1 }, or less than three feet {3'} in depth, not intended to support structures or mobile homes, which does not exceed fifty {50) cubic yards on any site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A}, "Types of Grading Permits" of this Title. J. The construction or maintenance of roads or facilities for the generation, storage or transmissions of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Water Quality Management Plan {WQMP} requirements. A WQMP project includes the construction or reconstruction of 5,000 square feet of impervious surface in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous R:/Ords 2008/Ords 08-09 3 Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. M. Clearing and brushing, expressly for the following purposes 1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (C) of this Title, shall be required for any purpose that is not specifically addressed by the construction permit. N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. O. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge paint of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: 1. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, ar the finally adopted plan of any public agency or governmental office with jurisdiction over the site, ar shown on any approved Specific Plan; or 2. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat, except as provided in exemption "P", below; or 3. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency (FEMA) Flood Plain Maps, or on City revised maps except as provided in subsection "P", below." R:/Ords 2008/Ords 08-09 4 Section fi. The City Council of the City of Temecula hereby amends Section 18.06.040 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.040 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geotechnical reports, hydrologylhydraulic reports, erosion and sediment control plans, proof of coverage under the State General Permit for construction activities and all other information required by the city engineer as in the Grading Manual, and payment of the appropriate fees. In addition, a conceptual Water Quality Management Plan (WQMP} must be accepted by the city engineer prior to issuance of final conditions of approval. A final WQMP must be accepted by the city engineer prior to issuance of a grading permit. B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with the Grading Manual." Section 7. The City Council of the City of Temecula hereby amends Section 18.06.060 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.060 Geotechnical {Sails) Reports A. Surface and Subsurface Conditions. The city engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Title and the Grading Manual. B. Supplemental Reports/Data. The city engineer shall require such supplemental reports and data, as he deems necessary, upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil-testing laboratory, with written analysis and recommendation, to be utilized during any required re-vegetation. C. Waiver of Geotechnical Report Requirements. For a specific project, the city engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the R:/Ords 2008/Ords 08-09 5 field of seismic hazard evaluation and mitigation. The city engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, shall be filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a)." Section 8. The City Council of the City of Temecula hereby amends Section 18.06.080 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.080 Seismicity Reports -Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions {tracts}; all grading projects that propose development with occupancy category II, III, IV structures as shown in table 1604A.5 of the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act {Public Resources Code, Section 2621, et seq.) and as specified in the Grading Manual." Section 9. The City Council of the City of Temecula hereby amends Section 18.06.100 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.Ofi.100 Dust Control and Prevention Plan Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 {Fugitive Dust Emissions) and the Grading Manual." Section 10. The City Council of the City of Temecula hereby amends Section 18.06.120 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.Ofi.120 Haul Route Plan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route plan shall be approved by the city engineer in accordance with the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this Title. Vehicular track-out shall be controlled, as directed by the city engineer, to prevent sediment deposition outside of the project site boundaries." R:/Ords 2008/Ords 08-09 6 Section 11. The City Council of the City of Temecula hereby amends Section 18.06.140 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.140 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erasion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into storm water conveyance systems in accordance with the provisions of Chapter 18.15 of this Title and the Grading Manual." Section 12. The City Council of the City of Temecula hereby amends Section 18.06.160 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.160 Expiration and Renewal of Grading Application Submittals A. Applications for which na permit is issued within 180 days {6 months} following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant. B. The city engineer may extend the time for action by the applicant for a period not exceeding 180 days {6 months) upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading submittal package and pay the most current plan check fee. D. Plan check fees shall be forfeited for all expired permits." Section 13. The City Council of the City of Temecula hereby amends Section 18.09.040 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.040 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions andlor restrictions placed on the permit as outlined in the applicable sections of this Title, the Grading Manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Grading Notes, as identified in the Grading Manual." Section 14. The City Council of the City of Temecula hereby amends the heading of Section 18.09.100 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.100 Tentative Subdivision or Conditional Use Permit Required" R:/Ords 2008/Ords 08-09 7 Section 13. The City Council of the City of Temecula hereby amends Section 18.09.120 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.120 Types of Permits A. Mass, Rough or Precise Grading. The city engineer may issue a mass, rough or precise grading permit for grading work upon completion of an application in accordance with the Grading Manual. The issuance of building permits shall be determined as follows: 1. Building permits may be issued for a site graded under a precise grading permit or plan upon completion and approval of the rough grade inspection as specified in the Grading Manual. 2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit or plan has been issued. B. Stockpiling. Upon approval by the Planning Commission, a stockpile permit may be issued far the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough or precise grading permit within six (6} months of issuance of a stockpile permit, unless modified by the Planning Commission, in accordance with the Grading Manual. C. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with the Grading Manual. D. Barrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the city engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow piton the grading site. E. Paving. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five-thousand (5,000} square feet for any commercial, industrial, multi-residential or other parking lot, without a valid grading permit for such paving (this excludes Single Family Residence}. Maintenance and repaving of existing paved sections shall be exempt from this requirement. F. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without an applicable state agency approval and a grading permit unless (i} the requirement for a grading permit is waived by the city engineer, or {ii) the grading is performed as interim protection in an emergency to prevent flooding, or {iii} a separate R:/Ords 2008/Ords 08-09 8 improvement plan for such alteration is approved by applicable state agencies and the city engineer. G. Rock Blasting. No rock blasting shall be permitted until apre-blast survey of the surrounding property is conducted to the satisfaction of the city engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the city engineer. All blasting shall conform to the requirements of the city engineer, as specified in the Grading Manual." Section 1B. The City Council of the City of Temecula hereby amends Section 18.09.140 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.140 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth often feet (10'} or more below the grade and within ten feet (10'} of the property lines} shall protect the excavation so that the sail of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner{s} no less than ten {10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure no less than ten {10} days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations including, but not limited to, any trench greater than five feet {5'} deep, obtaining CAL OSHA permits. D. No grading shall be approved which, in the opinion of the city engineer, physically prevents the use of existing legal access to any parcel." Section 17. The City Council of the City of Temecula hereby amends Subsection B of Section 18.09.160 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies." R:/Ords 2008/Ords 08-09 9 Section 18. The City Council of the City of Temecula hereby amends Section 18.09.180 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.180 Maintenance of Protective Devices The owner or agent in control of such property on which a grading activity has occurred pursuant to a permit granted under the provisions of this division, shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit. Any facilities dedicated for public use and accepted by a public agency are exempt." Section 19. The City Council of the City of Temecula hereby amends Subsection A of Section 18.09.200 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "A. Time of any grading, clearing and equipment operations pursuant to this Title shall be consistent with City Ordinance No. 94-25. Grading operations within one-quarter (1 /4} mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The city engineer may extend the hours permitted for grading or equipment operations if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the city engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community." Section 20. The City Council of the City of Temecula hereby amends Section 18.09.220 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.220 Debris on Public and Private Streets This Title forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible far the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" of this Title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets." R:/Ords 2008/Ords 08-09 10 Section 21. The City Council of the City of Temecula hereby amends Section 18.09.240 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Grading Manual." Section 22. The City Council of the City of Temecula hereby amends Section 18.09.260 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.260 Expiration and Renewal of Issued Permits A. A grading permit shall be valid for a period of six (6} months from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: 1. Change of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required far the completion of the work. a. If the time limitations of paragraph (A} of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, such as additional earthwork and necessary plan checking, shall be charged to the permit applicant. c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Title. 2. Permit Extensions. The city engineer may extend the time limit on permits by one (1) or more successive periods of up to 180 days (6 months) upon written request by the applicant showing to the satisfaction of the city engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather-related delays. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued. R:/Ords 2008/Ords 08-09 11 C. As a condition of the extension of any time period, the city engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension." Section 23. The City Council of the City of Temecula hereby amends Subsection C of Section 18.49.280 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "C. Other. The city engineer shall deny the issuance of a permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction, or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this Title; or 3. If the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map. {Ord. 04-04 ~ 4 {part)}" Section 24. The City Council of the City of Temecula hereby amends Section 18.12.020 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.020 Cuts Unless otherwise recommended by the Geotechnical Engineer or the engineering geology reports, or both, and approved by the city engineer, cuts slopes shall be no steeper than two horizontal to one vertical (2:1 }. All cuts and excavations shall conform to the provisions of this Title and the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the city engineer for minor cuts not intended to support structures. A. A cut surface may be at a slope of 1.5 horizontal to 1 vertical {67%) provided that all the following are met: 1. It is not intended to support structures or sur-charges; 2. It is adequately protected against erosion; 3. It is no more than eight feet ($'} in height; 4. It is approved by the city engineer; B. A cut surface in bedrock shall be permitted to be at a slope of one horizontal to one vertical (1 QO%}." R:/Ords 2008/Ords 08-09 12 Section 23. The City Council of the City of Temecula hereby amends Section 18.12.040 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.040 Fills Unless otherwise recommended by the Geotechnical Engineer or the engineering geology reports, or both, and approved by the city engineer, fills shall be in accordance with the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the city engineer for minor fills not intended to support structures." Section 26. The City Council of the City of Temecula hereby amends Section 18.12.060 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.060 Setbacks All setbacks and other restrictions specified in the Grading Manual, pursuant to the recommendation of a civil or geotechnical engineer, and approved by the city engineer, are to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks when approved by the city engineer." Section 27. The City Council of the City of Temecula hereby amends Section 18.12.080 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.080 Terraces and Terrace Drains Drainage facilities and terraces shall be in accordance with the Grading Manual unless otherwise approved by the city engineer." Section 28. The City Council of the City of Temecula hereby amends Subsection A of Section 18.12.100 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the Geotechnical Engineer and/or Engineering Geologist." Section 29. The City Council of the City of Temecula hereby amends Section 18.12.120 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.120 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five horizontal to one vertical {5:1). Such runoff shall be in accordance with the Grading Manual." R:/Ords 2008/Ords 08-09 13 Section 30. The City Council of the City of Temecula hereby amends Section 18.12.140 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.140 Asphalt Concrete Parrement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall be in accordance with the Grading Manual unless otherwise approved by the city engineer." Section 31. The City Council of the City of Temecula hereby amends Section 18.15.020 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.13.020 Construction Runoff Compliance A. All individual construction and grading projects shall implement measures to ensure that pollutants are not discharged from the site, will be reduced to the Maximum Extent Practicable (MEP} and will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction and grading activities will be in compliance with applicable ordinances, permits and other federal, state and local requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement an erosion and sediment control plan to manage storm water and non-storm water discharges from the site at all times in accordance with the Grading Manual. Projects disturbing, exposing or stockpiling one {1) acre or more of soil are also required to have coverage under the State General Construction Permit and generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; 2. Conduct phased grading operations and minimize grading activities during the rainy season. Coincide grading with dry weather periods to the extent feasible. Implement additional "Best Management Practices" {BMP's} for all rain events; 3. Install a combination of erosion and sediment control measures to effectively prevent erosion and retain sediment on-site throughout the duration of all construction activities. 4. Minimize exposure time of disturbed soil areas; 5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible; 6. Permanently re-vegetate or landscape as early as feasible; 7. Stabilize all slopes; 8. The permittee shall abide by all of the provisions set forth in the State Water Resource Control Board {SWRCB) NPDES General Permit for construction activity. The City must be provided with a Waste Discharge Identification (WDID} number issued by the SWRCB prior to an issuance of a grading permit. R:/Ords 2008/Ords 08-09 14 9. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the Grading Manual. Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the State General Construction Permit or other individual National Pollutant Discharge Elimination System {NPDES} permit." Section 32. The City Council of the City of Temecula hereby amends Section 18.15.040 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.040 Erosion and Sediment Control Plans Required A. No grading activity will be allowed on any single grading site under permit unless the city engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, private and public storm water conveyance systems, environmentally sensitive areas and adjacent properties in accordance with the provisions of this Chapter and the Grading Manual. C. All erosion and sediment control BMP's outlined on the erosion and sediment control plan will be shown on the SWPPP, if applicable, and implemented prior to October 1St of each year." Section 33. The City Council of the City of Temecula hereby amends Section 18.15.060 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.060 Erosion and Sediment Control Systems A. The permittee shall be responsible for the control of erosion and sediment discharge on and from all disturbed areas of grading until issuance of certificate of occupancy at which time the BMP's of the WQMP shall be in place. B. No grading work shall be allowed on any site when the city engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Title. C. All protective devices shown on the erosion and sediment control plan and in the SWPPP, if applicable, shall be in place within seven {7) days prior to any forecasted rain. If the permittee does not install or maintain erosion and sediment controls, the city engineer may order City crews to do the work or R:/Ords 2008/Ords 08-09 15 may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Title is restored by the permittee. D. "Best Management Practices" (BMP's} shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven {7} working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency ar as directed by the city engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after in-channel work. 4. Additional erosion and sediment control materials shall be stockpiled at various locations throughout the site for immediate implementation within seven {7} days of a forecasted rain. The developerlcontractor shall make available equipment and workers for emergency work to protect the site. E. Cut and fill stapes shall be protected to control against erosion and sediment discharge. F. Permittee shall implement BMP's year round. Additional site specific BMP's shall also be implemented, as necessary, to comply with this Title which may be more stringent than those required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Water Act {CWA) section 303(d} water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within, adjacent, or discharging directly to receiving waters within environmentally sensitive areas. H. Permittee shall conduct construction site inspection for compliance with this Title and all applicable permits." Section 34. The City Council of the City of Temecula hereby amends Section 18.15.080 of Chapter 18.15 of the Temecula Municipal Cade to read as follows: "18.15.080 Temporary Site Vegetation Temporary site vegetation shall be required, as determined by the city engineer, on any disturbed soil areas of the site for prolonged periods of grading inactivity or expiration of a grading permit in accordance with Section 18.09.260, "Expiration and Renewal of Permits" of this Title. Temporary vegetation shall not negate any City requirement or condition of approval to install permanent landscaping." R:/Ords 2008/Ords 08-09 16 Section 35. The City Council of the City of Temecula hereby amends Section 18.15.100 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.100 Erosion and Sediment Control Maintenance A. Prior to and after each rainstorm, all on-site and off-site flow-lines, storm water conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. C. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Signage indicating "ponded water - do not enter" shall be posted. D. The permittee shall be responsible for continual maintenance of the devices during all construction activities. E. In the event the city engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. F. If any grading or clearing subject to Section 18.03.020 "Permits Required" of this Title has commenced on private property without a valid grading permit, the property owner will be required to stop work, prepare and implement an erosion and sediment control plan which has been approved by the City and obtain a valid grading permit." Section 36. The City Council of the City of Temecula hereby amends Section 18.15.140 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.140 Additional NPDES Requirements A. General Requirements. All grading activities subject to the regulations of this Title shall be designed and conducted to minimize runoff of all pollutants onto public or private properties and into waters of the United States as required by this section and City Municipal Code, Title 8, Chapter 8.28, Storm Water/Urban Runoff Management and Discharge Control." B. Responsibility. It shall be the permittee's responsibility to obtain coverage under the SWRCB General Construction Permit, submit a Notice of Intent {NOI} and appropriate fee to the SWRCB, complete all site-specific Storm Water Pollution Prevention Plans {SWPPP}, monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board {RWQCB}, United States Environmental Protection Agency {USEPA}, or the R:/Ords 2008/Ords 08-09 17 city engineer. The permittee shall update all plans as construction activities are modified from their original schedule and/or progress as originally planned. The permittee shall also maintain all erosion and sediment control measures at the site throughout the duration of the project as required by the permit. All of the information Hated above shall be maintained on-site during construction and shall be presented upon demand by the SWRCB and/or City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination {NOT} requirements are fulfilled." Section 37. The City Council of the City of Temecula hereby amends Section 18.18.040 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.040 Grading Requirements A. Civil En_, iq Weer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any city engineer approved alternatives into the grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city engineer. 2. The civil engineer shall be responsible for the preparation of plan revisions to be approved by the city engineer prior to implementing the change in the field. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall be responsible for submitting a pad certification letter stating line and grade as evidence that the grading activity has been completed within standard tolerances in accordance with the approved plans and that all embankments and cut slopes and pad sizes are as shown on the approved plans. B. Geotechnical Engineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and report, determining the suitability of soils during grading, providing compaction inspection and testing, and preparing the final geotechnical engineering report. C. Engineering Geologist. The engineering geologist's area of responsibility shall include, but not limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for sub-drains or other groundwater drainage devices. He shall report his findings to the Geotechnical Engineer for engineering analysis. D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape R:/Ords 2008/Ords 08-09 18 and irrigation plans. The landscape architect shall also prepare plan revisions to be approved by the city engineer prior to implementing the change in the field. 1. All ground cover shall provide one-hundred percent {100%} coverage within nine {9} months of planting, or additional landscaping shall be required in order to meet this standard." Section 38. The City Council of the City of Temecula hereby amends Section 18.18.060 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.060 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist, or the grading contractor of record is changed during the course of the work, the project shall be stopped until: A. The permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans {specified by date and title} and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the city engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility." Section 39. The City Council of the City of Temecula hereby amends Section 18.18.100 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.100 Speciallnspections The city engineer may establish special inspection requirements in accordance with Chapter 17, Section 1704, "Special Inspections", of the California Building Code, amended, far special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the city engineer, it is necessary to supplement the resources or expertise available for inspection." Section 40. The City Council of the City of Temecula hereby amends Subsection A of Section 18.18.120 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop Orders", of the California Building Code shall apply to all grading work. Whenever the city engineer or his or her representative determines that any R:/Ords 2008/Ords 08-09 19 work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the city engineer to proceed with the work." Section 41. The City Council of the City of Temecula hereby amends Section 18.21.020 of Chapter 18.21 of the Temecula Municipal Code to read as follows: "18.21.020 Final Reports Upon completion of the rough grading work and at final completion of the work, the city engineer may require the written approvals, reports, plans and supplements specified in the Grading Manual." Section 42. The City Council of the City of Temecula hereby amends Section 18.21.040 of Chapter 18.21 of the Temecula Municipal Code to read as follows: "18.21.040 Notification of Completion The permittee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance {i.e. release of security deposits} shall not be granted until the planting has been established. The establishment of such erosion and sediment control plantings shall be certified by a licensed Landscape Architect and approved by the city engineer." Section 43. The City Council of the City of Temecula hereby amends Section 18.24.020 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee Before accepting an application and a set of plans and specifications for review, the city engineer shall collect all plan-checking fees. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Title shall pay all plan check fees and/or deposits as required by this Title and by City Council resolution establishing applicable fees and deposits." R:/Ords 2008/Ords 08-09 20 Section 44. The City Council of the City of Temecula hereby amends Subsection A of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. All applicants requesting a mass, rough, precise, stockpile ar administrative clearing permit as required by this Title shall pay all fees and/ar deposits as required by this Title and by City Council resolution establishing applicable fees and deposits." Section 45. The City Council of the City of Temecula hereby amends Subsection B of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "B. The fee for a grading permit authorizing additional work under a valid permit shall be the difference between the fee paid for the original permit and the fee shown far the entire project as indicated in the City's fee schedule." Section 46. The City Council of the City of Temecula hereby amends Section 18.24.060 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "18.24.060 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils} report far review, the city engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount shall be asset forth by City Council resolution." Section 47. The City Council of the City of Temecula hereby amends Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. Inspection fees may be refunded, less any City expenses incurred, including a reasonable overhead charge, at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn." Section 48. The City Council of the City of Temecula hereby amends Subsection A of Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. Security required. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, as specified in the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows: R:/Ords 2008/Ords 08-09 21 1. A cash deposit, in accordance with the Grading Manual, may be required by the city engineer to ensure the elimination of hazardous conditions, the emergency maintenance of erosion and sediment control systems and to ensure the removal of stockpiles. 2. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing {blanket} bond or other approved security that covers all such projects may be accepted in an amount determined by the city engineer." Section 49. The City Council of the City of Temecula hereby amends Section 18.27.020 of Chapter 18.27 of the Temecula Municipal Code to read as follows: "18.27.020 Power and Duties of the City Engineer The provisions of Appendix Chapter 1, Administration, Section 104, Duties and Powers of Building official, of the California Building Code shall apply to the city engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Title." Section 50. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Accessibility" to read as follows: "Accessibility" is the combination of various elements in a building, facility, site or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities in conformance with the Chapter 11 B of the California Building Cade." Section 51. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Accessible Route of Travel" definition to read as follows: "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators." Section 52. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Best Management Practices (BMP's)" definition to read as follows: "BMP's" means the management practices, operating procedures, and devices implemented to prevent or reduce the discharge of pollutants directly or indirectly R:/Ords 2008/Ords 08-09 22 to public or private storm water conveyance systems." Section 53. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "City Engineer" definition to read as follows: "City Engineer" means the city engineer of the City of Temecula or his or her duly delegated representative." Section 54. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Curb Cut". Section 55. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion" definition to read as follows: "Erosion" means the wearing away of the ground surface as a result of movement of wind, water or ice." Section 56. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Erosion Control" to read as follows: "Erosion Control" means anything that keeps soil in place." Section 57. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment Control Plan" definition to read as follows: "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall be submitted to the City and shall provide for protection of exposed sails and desiltation of runoff at frequent intervals prior to discharging from a site or to a storm water conveyance system {natural watercourses, streets, flow-lines, inlets, outlets, etc.)" Section 58. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment Control System" definition to read as follows: "Erosion and Sediment Control System" means combination of erosion and sediment controls {including effective planting and the maintenance thereofl to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site." R:/Ords 2008/Ords 08-09 23 Section v9. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Flow-line" to read as follows: "Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon gutters, curb gutters, etc". Section fi0. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Grade" definition to read as follows: "Grade" means the vertical elevation of the ground surface. A. "Existing grade" means the grade prior to grading. B. "Finish grade" means the final grade of the site, which conforms precisely to the City-approved plans, approved construction changes or record drawings. C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete." Section fit. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Key" definition to read as follows: "~" means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope." Section fit. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Maximum Extent Practicable (MEP)" definition to read as follows: "Maximum Extent Practicable (MEP}" means the standard established by Congress in the Clean Water Act that operators of MS4 permits must meet. To achieve the MEP standard, Best Management Practices must be implemented that are technically feasible (i.e. are likely to be effective} in combination with treatment methods serving as back up." Section fi3. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Path of Travel" definition to read as follows: "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed R:/Ords 2008/Ords 08-09 24 access to and egress from a particular area or location for pedestrians and/or wheelchair users. A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of exited, and which connects a particular area with an exterior approach {including sidewalks, streets and parking areas}, an entrance to the facility and other parts of the facility. In existing buildings, when alterations, structural repairs or additions are made, the term "path of travel" also includes the sanitary facilities, telephones, drinking fountains and signs serving the altered area." Section G4. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Precise Conformance" definition to read as follows: "Precise Conformance", for purposes of this Title, means: A. Pad elevations within plus or minus four-tenths {0.4} of a fact (1'} of planned elevation ar approved construction change: B. Street subgrade within plus or minus four hundredths {0.04) of a foot (1') of planned elevation or approved construction change; C. Slope grades within plus ar minus 1/2 foot {0.5'} of planned elevation or approved construction change; D. Rock slopes (rip-rap armoring} and horizontal locations within two feet {2'} of planned elevation and location or approved construction change; E. Drainage gradient to within two-tenths {0.2) of one percent {1 %} of planned slope ar approved construction change; and F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" {Green Book}." Section 63. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Private Roads" to read as follows: "Private Roads" are roads that have been dedicated to the public, but not accepted for public use or that have been retained as "Private" for private use by the owners or may simply be a road created by private use or easement." Section 66. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Rainy Season" definition to read as follows: "Rainy Season" means October 1St thru April 30th of the next calendar year." R:/Ords 2008/Ords 08-09 25 Section fi7. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Regional Water Quality Control Board {RWQCB)" definition to read as follows: "Regional Water Quality Control Board (RWQCB}" means the State's Regional Regulatory Agency responsible for protecting waters of the State." Section fib. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Sediment Control" definition to read as follows: "Sediment Control" means anything that captures soil particles after being displaced." Section fig. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "State Water Resources Control Board {SWRCB)" definition to read as follows: "State Water Resources Control Board (SWRCB)" means the regulatory authority that develops statewide water protection policies, establishes water quality standards, and guides the nine Regional Water Quality Control Boards throughout the state." Section 70. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Storm Water Management Plan {SWMP)". Section 71. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Storm Water Pollution Prevention Plan {SWPPP)" definition to read as follows: "Storm Water Pollution Prevention Plan fSWPPP}" means a document which meets the requirements set in the State's NPDES General permits far Construction and Industrial activities. The SWPPP must describe the BMP's to be implemented to meet the requirements of the General Permits and this Title." Section 72. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Standard Urban Storm Water Mitigation Plan (SUSMP)". Section 73. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Water Quality Management Plan {WQMP)" to read as follows: R:/Ords 2008/Ords 08-09 26 "Water Quality Management Plan tSUSMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from development projects." Section 74. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Waters of the State" definition to read as follows: "Waters of the State" means any water, surface or underground, under the jurisdiction of the State." Section 73. Environmental Finding. The proposed amendments to Title 18 of the Temecula Municipal Code are determined to be minor clarifications or typographical corrections of the Code. Based on this fact, the City Council hereby finds that the adoption of this Title is exempt from further review pursuant to CEQA Guideline Section 15061 {b)(3} of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the proposed Title may have a significant effect on the environment. Section 76: If any provision of this Title or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Title are declared to be severable. Section 77: The City Clerk shall certify the Title and cause it to be published as required by law. This Title shall take effect on the 30t" day after adoption pursuant to state law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of August, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08-09 27 STATE OF CALIFORNIA ) COUNTY OF RIVERSIQE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 08-09 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12t" day of August, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held an the 26t" day of August, 2008, 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 08-09 28 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NC}. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 12, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 8:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Washington, Comerchero ABSENT: 1 DIRECTORS: Roberts Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. CSD CONSENT CALENDAR 1 Minutes RECOMMENDATION: 19.1 Approve the minutes of July 22, 2008. MOTION: Director Edwards moved to approve the Consent Calendar. Director Naggar seconded the motion and electronic vote reflected approval with the exception of Director Roberts who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS Director Naggar relayed his enthusiasm with the attendance of the Summer Sunset Film and Concert Series. R:\Minutes\081208 CSD ADJOURNMENT At 8:01 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 26, 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\081208 ITEM NC}. 1G Approvals City Attorney ~ff Director of Finance 5~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: August 26, 2008 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2008 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008. 2. Approve an increase of $2,400 for Street Lighting in Service Level "B" Fund. 3. Approve an increase of $100 for Emergency Street Maintenance in the Service Level "R" Fund DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Fiscal Year Ended June 30, 2008. Please see the attached financial statements for an analytical review of financial activity. The additional increase for Street Lighting is based on California Public Utilities Commission rate increases effective April 4, 2008, and the additional Street Maintenance repair needed to grade rain damaged roads. FISCAL IMPACT: Fiscal year ended 2007-08 Budgeted Fund Balance versus Actual increased by $672,121, from $508,715 to $1,180,836 primarily as a result of expenditure savings in all TCSD programs. ATTACHMENTS: Combining Balance Sheet as of June 30, 2008 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Fiscal Year Ended June 30, 2008 TEMECULA COMMUNITY SERVICES DISTRICT • Combining Balance Sheet as of June 30, 2008 • Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual for the Fiscal Year ended June 30, 2008 Unaudited} Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of June 30, 2008 ASSETS: Cash and Investments Receivables Due from Other Funds TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: Due to Other Funds Other Current Liabilities FUND BALANCES: Reserved Designated TOTAL FUND BALANCES TOTAL LIABII,ITIES and FUND BALANCES Please note that these balances are unaudited. Parks & Service Service Service Recreation Level B Level C Level D $1,575,461 $135,827 $597,982 $2,357,372 206,518 19,991 50, 753 175, 862 246,470 $2,028,449 $155,818 $648,735 $2,533,234 $136,000 $847,613 153 $101,996 $2,320,191 847,613 136,153 101,996 2,320,191 1,180,836 19,665 546,739 213,043 $2,028,449 $155,818 $648,735 $2,533,234 1 Temecula Community Services ©istrict Combining Balance Sheet As of June 30, 2008 ASSETS: Cash and Investments Receivables Due from Other Funds TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: Due to Other Funds Other Current Liabilities FUND BALANCES: Resen~ed Designated TOTAL FUND BALANCES TOTAL LIABILITIES and FUND BALANCES Please note that these balances are unaudited. 2001 Service Sen~ice Debt Level R Level L Library Service Total $38,566 $271,417 $1,867,579 $12,600 $6,856,804 739 11,697 16, 08 8 481,648 246,470 $39,305 $283,114 $1,883,667 $12,600 $7,584,922 $23,872 $1,722,744 23,872 1,722,744 $39,305 259,242 160,923 39,305 259,242 160,923 $39,305 $283,114 $1,883,667 $136,000 5, 016,5 69 $12,600 12,600 12,600 $2,432,353 $12,600 $7,584,922 z Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 Annual Percent Amended YTD Total Total Budget Activity Encumbrance: Activity Activity REVENUES: Special Tax $3,663,817 $3,672,859 $3,672,859 100% TCSD Admin Fee Credit/"REST" 5,898,839 5,898,839 5,898,839 100% Recreation Programs 1,474,563 1,542,563 1,542,563 105% Investment Interest 31,888 35,998 35,998 113% Development Services 152,206 109,204 109,204 72% Lease Income 39,713 39,863 39,863 100% Reimbursements/CIP 5,000 6,115 6,115 122% (1) TOTAL REVENUES 11,266,026 11,305,441 11,305,441 100% EXPENDITURES: Parks, Medians and Arterial Street Lighting 6,884,870 6,742,627 $55,049 6,797,676 99% Seniors 230,948 218,980 218,980 95% Community Recreation Center (CRC) 567,093 527,183 527,183 93% Recreation Programs 813,358 690,320 80,038 770,358 95% Temecula Community Center {TCC) 182,900 154,050 154,050 84% Museum 263,448 251,537 251,537 95% Aquatics 669,003 551,310 17,378 568,688 85% Sports 292,419 283,550 283,550 97% Children's Museum 338,767 305,018 808 305,826 90% Community Theater 1,161,452 1,072,723 48,950 1,121,673 97% Cultural Arts 151,515 125,769 9,296 135,065 89% TOTAL EXPENDITURES 11,555,773 10,923,067 211,519 11,134,586 96% Revenues Over/{Under) Expenditures (289,747) 382,374 Transfers Out (554,455) {554,455) Revenues Over/(Under) Expenditures and Transfers (844,202) {172,081) Beginning Fund Balance, July 1, 2007 1,352,917 1,352,917 Ending Fund Balance, June 30, 2008 $508,715 $1,180,836 Notes: 1) The variance is due to higher than anticipated Capital project hours for landscape maintenance inspectors during this fiscal year. 3 Temecula Community Services District Service Level B -Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 Annual Amended ~'TD Percent Budget Activity of Budget REVENUES: Assessments $640,459 $627,389 98% Investment Interest 2,000 2,080 104% Street Lighting Fees 12,000 264 2% (1) Property Owner Election Fee: 800 452 57% Transfers In 60,000 60,000 100% TOTAL REVENUES 715,259 690,185 96% EXPENDITURES Salaries & Wages Street Lighting Operating Expenditures TOTAL EXPENDITURES 6,935 6,921 772,397 774,739 5,003 5,003 ln4,55J lbO,D0.5 100% 100% (2) 100% 100% Revenues Over/{Under) Expenditures Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 {69,076) {96,478) 116,143 116,143 $47,067 $19,665 Notes 1) The variance is primarily attributed to the timing of developers pulling permits conditioned to pay lighting fe 2) The variance is due to rate increases at Southern California Edison, Street Lighting costs were higher th< anticipated for fiscal year 2007-0~ 4 Temecula Community Services District Service Levet C -Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 REVENUES: Assessments R.E.S.T Plan check and inspections Property Owner Election Fees Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Landscape Maintenance Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, 7uly 1, 2007 Ending Fund Balance, June 30, 2008 Annual Amended YTD Percent Budget Activity of Budget $1,579,857 $1,529,080 97% 415,242 415,242 100% 20,971 27,245 130% (1) 800 452 57% 8,268 2,016,870 1,980,287 98% 264,365 242,507 92% 1,059,965 881,496 83% 475,894 396,694 83% 1,800,224 1,520,697 84% (2) 216,646 459,590 87,149 87,149 $3 03, 795 $546,739 Notes: 1) The variance in Plan check and Inspections is due to increased activity in project development during this fiscal year . 2) The variance is due to decreasing activity in landscape maintenance/rehabilitation repair this fiscal year. 5 Temecula Community Services District Service Level D -Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget REVENUES: Assessments $5,297,628 $5,200,216 $5,200,216 98% Grants 24,962 24,962 24,962 100% Recycling Program 5,000 5,049 5,049 101% Investment Interest 4,000 21,757 21,757 544% TOTAL REVENUES 5,331,590 5,251,984 5,251,984 99% EXPENDITi_JRES Salaries and Wages 48,174 45,975 45,975 95% Refuse Hauling 5,222,034 4,975,616 4,975,616 95% Operating Expenditures 64,500 48,758 $9,000 57,758 90% TOTAL EXPENDITURES 5,334,708 5,070,349 9,000 5,079,349 95% Revenues Over/{Under) Expenditures (3,118) 181,635 Beginning Fund Balance, July 1, 2007 31,408 31,408 Ending Fund Balance, June 30, 2008 $28,290 $213,043 6 Temecula Community Services District Service Level R -Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Emergency Street Maintenance Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, 7uly 1, 2007 Ending Fund Balance, Tune 30, 2008 Annual Amended YTD Percent Budget Activity of Budget $10,061 $9,868 98% 400 1,052 263% 10,461 10,920 104% 6,200 6,345 102% (1) 100 29 29% 6,300 6,374 101 4,161 4, 546 34,759 34,759 $38,920 $39,305 Notes: 1) The variance is due to additional Street Maintenance repair needed for grading damaged roads. Temecula Community Services District Service Level L -Lake Park Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 REVENUES: Assessments Harveston Lake Boat Fees Investment Interest TOTAL REVENUES EXPENDITURES: Salaries & Wages Lake Maintenance Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 Annual Amended YTD Percent Budget Activity of Budget $200,000 $192,961 96% 2,000 1,302 65% 9,293 202,000 203,556 101 28,376 28,227 99% 62,000 61,946 100% 171,100 147,663 86% 261,476 237,836 91% (59,476) (34,280) 293,522 293,522 $234,046 $259,242 s Temecula Community Services District Temecula Library Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 REVENUES: TCSD Admin Fee Credit/"REST" Library Concessions Library Facilities Rental Library Services Investment interest TOTAL REVENUES EXPENDITURES: Salaries & Wages County ReimbLUSement Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2047 Ending Fund Balance, June 30, 2008 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $1,178,045 $1,178,045 $1,178,405 140% 3,658 788 788 22% 19,125 17,678 17,678 92% 118,763 126,955 126,955 147% 42,237 57,630 57,634 136% 1,361,788 1,381,056 1,381,456 141% 33,945 12,194 12,194 36% (1} 1,044,040 1,044,040 1,440,400 140% 615,140 512,132 $29,966 542,498 88% 1,649,045 1,524,326 29,966 1,554,292 94% (287,217) (143,270) 344,193 344,193 $16,976 $160,923 Notes: 1) The variance is due to less than anticipated project help needed for the Library during this fiscal year. 9 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual For the Fiscal Year Ended June 30, 2008 REVENUES Investment Interest Transfer In TOTAL REVENUES EXPENDITURES: Debt Service -Principal Debt Service -Interest Operating Expenditures TOTAL EXPENDITURES Revenues Over/{Under) Expenditures Beginning Fund Balance, 7uly 1, 2007 Ending Fund Balance, Tune 30, 2008 Annual Amended YTD Percent Budget Activity of Budget $2,096 $494,455 494,455 100% 494,455 496,551 100% 255,000 255,000 100% 235,605 235,605 100% 3,850 3,850 100% 494,455 494,455 100% 2,096 10,504 10,504 $10,504 $12,600 10 REDEVELOPMENT AGENCY ITEM NC}. 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 12, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:01 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar Washington ABSENT: 1 AGENCY MEMBERS: Roberts Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS No public input. RDA CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of July 22, 2008. 21 Amendment of the Residential Improvement Program for First Time Hame RECOMMENDATION 21.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08-05 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED RESIDENTIAL IMPROVEMENT PROGRAM FOR FIRST TIME HOME BUYERS MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and voice vote reflected approval with the exception of Agency Member Roberts who was absent. R:\Minutes1081208 Due to a conflict of interest, Agency Member Edwards stepped down from the dais. JOINT CITY COUNCIL/REDEVELOPMENT PUBLIC HEARING 22 Owner Participation Agreement for Warehouse at Creekside Mixed Use Affordable Housing Project RECOMMENDATION: 22.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 08-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 22.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 08-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED COMPANY Director of Redevelopment Meyer, by way of PowerPoint Presentation, referenced the artist's rendering and agency assistance. At this time, the public hearing was opened. A. Providing a brief history regarding Old Town Temecula, Mr. Bill Dalton, applicant, thanked the efforts of the Planning Department, City Council, and the Redevelopment Agency for encouraging the development of businesses and housing in Old Town. B. Expressing his discontentment, Mr. AI Rattan, Temecula, referenced a letter with respect to the development fees of the Dalton II project and the proposed Warehouse at Creekside Mixed Use Affordable Housing project; a letter to the Fair Political Practices Commission (FPPC} from City Attorney Thorson which falsified information with respect to Council Member Comerchero and the Rancon Group; and Council Member Comerchero's alleged conflict of interest with respect to the Rancon Group. C. Mr. Stephen Eldred, Temecula, expressed his confusion on how low to moderate income housing will invigorate the Old Town community; relayed his dismay with the amount of funds that will be invested in the Warehouse at Creekside Mixed Use Affordable Housing project; and compared the Dalton II 4-story project and the proposed Warehouse at Creekside project funding mechanism. R:\Minutes1081208 D. Mr. Ed Dool, Temecula, relayed his approval of the proposed Warehouse at Creekside project, and advised of the benefits his business has reaped because of the Dalton II project; and expressed his disappointment with the speakers that spoke against the Warehouse project. E. Mr. Chris Pedersen, Temecula, spoke regarding Mr. Rattan's business tactics and agenda with respect to his comments, and encouraged the City Council to continue with its effort to revitalize Old Town. F. Disagreeing with statements made by Mr. Rattan, Mr. Gary Thornhill, Temecula, stated that his comments are without foundation and merit; relayed the importance of residents recognizing that if the City Council had not had involvement in the redevelopment of Old Town, only piecemealed development would have occurred; and relayed his full support of the proposed project. G. Advising that he's a resident of Dalton II, Mr. Terry Dillman, Temecula, stated that he would be in favor of the proposed project, and would be looking forward to the more new development in Old Tawn. Speaking enthusiastically and in approval of the proposed project, Council Member Washington commended the Redevelopment Agency and advised the audience of the Agency's recent award for its efforts in revitalizing Old Town. Addressing a previous comment regarding a conflict of interest with Rancon and his business affairs, Council Member Comerchero advised of an apology he had received from an individual who had wrongly accused him; and relayed his approval of the proposed project. Relaying his full support of the proposed project, Mayor Naggar, along with City Manager Nelson, explained the Redevelopment Agency (RDA) process, advising of the significant investments made into the Old Town area; and commended past City Council Members for their foresight in establishing the RDA. MOTION: Agency Member Washington moved to approve Item No. 22.1. Agency Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent and Agency Member Edwards who abstained. MOTION: Agency Member Washington moved to approve Item No. 22.2. Agency Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Agency Members Roberts who was absent and Edwards who abstained. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. At this time, Agency Member Edwards returned to the dais R:\Minutes\081208 3 RDA ADJOURNMENT At 8:43 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 26, 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 Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1081208 ITEM NC}. 18 Approvals City Attorney ~ff Director of Finance 5~ City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: August 26, 2008 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2008 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Agency Members: Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008. 2. Approve an increase of $850,000 for property tax increment revenues in the Debt Service Fund. 3. Approve an appropriation of $725,000 for pass-through agreements in the Debt Service Fund. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Fiscal Year Ended June 30, 2008. Please see the attached financial statements for an analytical review of financial activity; and, as a result of the analytical review, staff is recommending the following adjustments: The additional increases for property tax increment and pass-through agreement payments are based upon final reconciliation of tax increment activity by the County. Since Temecula's property tax increment ended higher than expected so does the related pass-through payment obligations to other agencies. FISCAL IMPACT: Fiscal year-ended 2007-08 Budgeted Fund Balance versus Actual increased in the RDA Affordable Housing Fund by $4.9 million to $16.0 million primarily as a result of timing of expenditures on the Housing Projects. Fiscal year-ended 2007-08 Budgeted Fund Balance versus Actual increased in the RDA CI P Fund by $19.95 million to $24.6 million primarily due to the timing of the Old Town Infrastructure Projects funded by bond proceeds currently reserved $19.2 million in Fund Balance at June 30, 2008. Fiscal year-ended 2007-08 Budgeted Fund Balance versus Actual increased in the RDA Debt Service Fund by $131,320 to $16.96 million primarily as a result of tax increment growth offset by related pass-through agreement payments. ATTACHMENTS: Combining Balance Sheet as of June 30, 2008 Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the Fiscal Year Ended June 30, 2008 TEtUIE`cULA REDEVELOPMENT AOENOY • Combining Balance Sheet as of June 30, 2008 • Statement of Revenues, Expenditures and Changes in Fund Balance- Budget and Actual for the Fiscal Year Ended June 30, 2008 Unaudited} Prepared by the Finance Department Temecula RedevelopmentAgency Com fining Balance S eet A of June ASSETS: Cash and Investments Receivables Land Held for Resale TOTAL ASSETS LIABILITIES and FUND BALANCE Liabilities: Other Current Liabilities Deferred Revenue Total Liabilities Fund Balance: Reserved Total Fund Balance TOTAL LIABILITIES and FUND BALANCE Please note that these balances are unauditec Affordable Housing CIP Debt Fund Fund Service Total $8,945,308 $21,880,568 $18,755,365 $49,581,241 10,391,913 21,070 93,858 10,506,841 6,616,177 98,484 6,714,661 $25,953,398 $22,000,122 $18,849,223 $66,802,743 $38,239 $41,727 $1,889,758 $1,969,724 n oo~ n~~ ~ ~c nnn i n nn-~ n-~~ y,y"LU,Z /5 166, /"L"/ l,~tiy,"/Sti l l,y"/6, /6U 16,033,123 21,833,395 16,959,465 54,825,983 $25,953,398 $22,000,122 $18,849,223 $66,802,743 1 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Redevelopment Agency Affordable Housing For the Fiscal Year Ended June 30, 2008 RE~~'BNLIES: Property Tax Increment Investment Interest Rental Income Forgivable L oan RepaymenUMisc. Sale of Property Reimbursements TOTAL REVENUES EXPENDITURES: Sataties and Benefits Operating and Administrative Expenditures Affordable Housing/Future Obligations Affordable Housing Units Residential Rehabilitation Programs Habitat II Old Town Mixed Use Temecula Education Center Old Town Mixed Use- Dalton III TOTAL EXPENDITURES Revenues Over/(Under} Expenditures Begiruung Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 Annual Percent Amended YTD Total of Budget Activity Encutnbr. Activity Budget $3,517,615 $3,724,633 $3,724,633 106% (1) 280,733 320,666 320,666 114% (2} 126,000 139,250 139,250 111% (3} 45,000 33,031 33,031 73% (4) 362,000 362,000 362,000 100% 81,250 81,250 81,250 100% 4,412,598 4,660,830 4,660,830 106% 326,377 293,022 293,022 90% 505,161 255,558 $85,719 341,277 68% (5} 305,000 305,000 305,000 100% 4,000,000 230,047 135,448 51,992 187,440 81% (6} 250,000 250,000 250,000 100% 961 892,937 579,924 174,968 754,892 85% 3,300,000 3,300,000 3,300,000 100% 9,810,483 5,118,952 312,679 5,431,631 55% (5,397,885} (458,122) 16,491,245 16,491,245 $11,093,360 $16,033,123 Notes: 1} Due to Property Tax valuation growth and through supplemental adjustments by the County Assessor, Tax Increment received was higher than planned. The RDA project area has experienced continuous commercial and Mixed-Use project development activity in Old Town, Promenade Mall, and Abbott Vasculaz•. 2} Investment interest was higher than expected due to higher than expected due to higher cash balances versus timing of payments on the Affordable Housing unit projects. 3} The variance in rental income is due to more than estimated revenue received from Temecula Gardens. 4} The decreasing activity in forgivable loan repayment is due to declining activity in loan refinancing. 5} The variance is due to decreasing activity in legal, consulting services andproject help during this fiscal year. 6} The decreasing activity in residential rehabilitation programs is due to less than anticipated loans processed this year. 2 Temecula Redevelo ment Agency Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Redevelopment Agency-CIP For the Fiscal Year Ended June 30, 2008 REVENUES: Investment interest Loan interest Reimbursements/Misc. Rental Income TOTAL REVENUES CAPITAL PROJECTS: Old Town Building Facades Erle Stanley Gardner Annual Percent Amended YTD Total of Budget Activity Encumbrances Activity Budget $624,004 $764,356 13,444 7,458 20,444 2,840 4,517 $764,356 123% (1) 7,058 54% (2) 4,517 161% 655,804 771,931 771,931 118% 280-813 86,573 30,255 280-834 2,680 OPERATING EXPENDITURES: Salaries and Wages Operating and Administrative Expenditures Old Town Plan Implementation TOTAL EXPENDITURES: Revenues Over/(iJnder) Expenditures Other Financing Sources (iJses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (iJses Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 34, 2048 $22,500 52,755 61% 142,446 139,942 139,942 98% 387,923 247,383 36,097 283,484 73% (3) 245,644 187,465 18,179 245,644 144% 825,266 645,045 76,776 681,821 83% (169,466) 166,886 (20,714,344) (1,699,438) (20,879,806) (1,532,552) 23,365,947 23,365,947 $2,486,141 $21,833,395 Notes: 1) Investment interest was higher than expected due to higher cash balances versus timing of payments on the Civic Center Phase I projects. 2) The variance in loan interest is due to early loan pay-off from Dual Development Inc. 3) The variance in Operating expenses is due to decreasing activity in consulting services during this fiscal year. 3 Temecula Redevelo ment Agency Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual Redevelopment Agency -Debt Service For the Fiscal Year Ended June 30, 2008 Annual Amended Budget REVENUES: Property Tax Increment Investment Interest Bond Proceeds TOTAL REVENUES $14,070,462 499,460 15,790,000 30,359,922 EXPENDITURES: Trustees Admin Fees Property Tax Admin Fees Pass-Through Agreements Debt Service -Principal Debt Service -Interest Debt Service -Financing TOTAL EXPENDITURES 12,577 123,291 9,880,951 755,000 2,907,101 Total Percent Activity of Budget $15,017,094 398,690 15,790,000 31,205,784 107% 80% (1) 100% 103% 11,402 150,411 10,581,709 755,000 2,897,307 91% 122% (2) 107% (2) 100% 100% 100% 105% Revenues Over/(Under) Expenditures and Other Financing Sources (iJses) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, June 30, 2008 573,517 571,150 14,252,437 14,966,979 16,107,485 16,238,805 720,660 720,660 $16,828,145 $16,959,465 Notes: 1) Due to Property Tax valuation growth and through supplemental adjustments by the County Assessor, Tax Increment received was higher than planned. The RDA project area has experienced continuous commercial and Mixed-Use project development activity in Old Town, Promenade Mall and Abbott Vascular. 2) Due to Property Tax increment growth, a corresponding increase in pass-through agreement payments is expected. 4 ITEM NC}. 19 Approvals City Attorney ~ff Director of Finance 5~ City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Housing and Redevelopment Director DATE: August 26, 2008 SUBJECT: Exclusive Negotiating Agreement with Pelican Properties RECOMMENDATION: That the Agency Board approves an Exclusive Negotiating Agreement between the Agency and Pelican Properties. BACKGROUND: On July 24, 2007, the Agency issued a Request For Interest (RFI) to solicit interest from qualified firms for the development of the Town Square Market Place located surrounding the Town Square on Main Street in Old Town. Eight firms responded to the RFI. On December 19, 2007, six firms were interviewed. Over the next several months, additional information was submitted and reviewed, presentations were made and field trips were taken to assist in the selection process. On June 19, 2008, the Ad Hoc Committee of Ron Roberts and Jeff Comerchero recommended the selection of Pelican Properties as the preferred developer. Pelican Properties demonstrated considerable experience in property development, leasing and management in small lot, high quality infill development. Pelican has previously completed a successful mixed use project in downtown Huntington Beach and is finishing construction on a live work project in downtown Tustin. In addition, Pelican Properties has jointly ventured with the Coast Community College District in Fountain Valley, to develop an office park on property leased from the District. Further Pelican has demonstrated experience with a variety of unique and small chain restaurants and retailers. Project Description As part of the interview process, Pelican presented a conceptual plan that included 35,600 square feet of gross building area, over 13,000 square feet of outdoor patio area and public restrooms. Their approach to the building's design was to create four individual buildings thatwould take on the appearance of historical buildings like a hotel or fire station that have been adaptively re-used. During the ENA period, Pelican Properties will refine these conceptual plans. Agency Assistance No agency funding is proposed as part of this project. It is the intent to determine a fair market lease for the property and enter into long term ground lease. This arrangement will provide the Agency a revenue stream to support other redevelopment activity in the Old Town area. As previously mentioned, Pelican Properties has previously developed a project on a lease basis, and is comfortable with this arrangement. A detailed pro-forma analysis will be performed by Keyser Marston Associates to determine the value of the fair market lease. Exclusive Negotiating Agreement In order to facilitate the proposed project, the Agency will enter into an Exclusive Negotiating Agreement {ENA) with Pelican Properties. The ENA assures the Agency that Pelican Properties moves forward on a specified timetable with all necessary due diligence, including preliminary design, marketing and financial feasibility analysis. The ENA provides Pelican Properties with the assurance that the Agency is not out soliciting other development partners for similar projects on the subject property. The proposed ENA includes the following deal points: Six month term with three month administrative extension. Developer will provide a $50,000 deposit. Develaper is required to investigate the physical condition of the property. Developer will pay for cost to prepare all development plans and related documents In addition, based upon Pelican Properties ability to perform, draft deal points for the subsequent Disposition and Development Agreement will be formulated through the end of the ENA period. The Exclusive Negotiating Agreement is the first step in the development of this project. Na Agency commitment to lease the property can be made until a final agreement is approved following a public hearing. FISCAL IMPACT: This Lease Agreement for the development of this project will provide revenue to the Agency. ATTACHMENTS: Exclusive Negotiating Agreement EYCLUSIti E NEGOTLATING AGREEA~IENT This EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of August 26, 2008, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency") and PELICAN VISTA, LLC, a California limited liability company (the "Developer"). RECITALS A. The Agency owns the land in the City of Temecula, State of California that is described on Attachment No. 1 (the "Site") located in the Redevelopment Project Area 1988-1 of the Agency. B. The Agency previously requested developers to submit statements of interest, qualifications and information for the development of a mixed retail and office project on the Site (the "Project"). C. After considering the responses, the Agency has instructed the Agency's stafl'to proceed with this Agreement between Agency and Developer to negotiate on an exclusive basis to establish the terms and conditions of a "disposition and development agreement" ("DDA") that would result in the Developer's ground leasing the Site from Agency and developing the Project with the understanding that the Agency shall be under no obligation to reach agreement on the terms thereof with Developer. D. It is contemplated that the ground lease would include without limitation: (i) a term sufficiently long to enable Developer to use the ground lease as collateral for construction and permanent financing; (ii) a rental rate that is a percentage of the fair market value of the Site; (iii) a rental rate for the construction period; (iv) periodic escalations in the rent; and (v) payment by Developer of additional rent to the Agency based on Developer's revenues from the Site. E. The Developer and the Agency are willing to enter into this Agreement setting forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project and the proposed DDA. F. The staff, consultants and attorneys of the Agency have devoted and/or will devote substantial time and effort in meeting with the Developer and its representatives, reviewing and preparing proposals, plans and reports, and negotiating and preparing the terms of this Agreement and the proposed DDA. NOW, THEREFORE, the Parties hereto agree as follows: 1. The term of this Agreement shall commence on the date hereof and shall end on the earlier of: (i) February 26, 2009 i.e. six (6) calendar months after the date hereof), or (ii) the date on which the Agency terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency) for up to one additional period not to exceed three (3) calendar months (i.e., to May 26, 2009). 2. Either party may terminate this Agreement by written notice to the other party if such other party fails to comply with or perform any provisions of this Agreement and then fails to cure such default within ten (10) days after written notice of the default. 3. During the ENA Period (as extended under Section 1, if applicable), the Agency shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site. 4. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the Agency within the times set forth on Attachment No. 2. Concurrently with the execution of this Agreement, the Developer and the Agency shall execute and deliver a Right of Entry and Access Agreement in the form attached hereto as Attachment No. 3. Within five (5) days after the beginning of each calendar month during the ENA Period (as extended under Section 1, if applicable), Developer shall provide a written report to the Agency describing in reasonable detail the Developer's activities with respect to the Project during the preceding calendar month. 5. During the ENA Period (as extended under Section 1, if applicable), the Agency shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 4 attached hereto. 6. Concurrently with its execution of this Agreement, Developer shall deposit with the Agency the sum of Fifty Thousand and No/100 Dollars ($50,000.00) (the "Deposit"). In the event this Agreement is terminated by Agency under Section 2, the Agency shall be entitled to retain the Deposit. In the event this Agreement is terminated by Developer under Section 2, the Agency shall refund the Deposit to Developer. If a DDA is negotiated, signed by Developer and submitted by Agency staff for approval by the Agency board, and the Agency board does not approve the DDA (due to an unacceptable material business term) or approves the DDA subject to a change in a material business term, then the Deposit shall be refunded to Developer. If a DDA is approved and executed by both parties, the Agency shall be entitled to retain the Deposit and it shall not be counted against any obligation of the Developer under the DDA or ground lease. If the Agency staff and the Developer staff and consultants, despite their good faith efforts, are not able to negotiate the terms of a DDA that the Agency staff would recommend for approval by the Agency board, then the Deposit shall be refunded to the Developer. If a DDA is negotiated by Agency staff and Developer staff and consultants, and the Agency staff is prepared to recommend the DDA for approval by the Agency board, but the Developer does not approve the DDA (due to an unacceptable material business term) or approves the DDA subject to a change in a material business term or refuses to sign the DDA, then the Deposit shall be retained by the Agency. 2 The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 7. The Agency and Developer acknowledge that all applicable requirements of CEQA must be met in order to approve the DDA and that this may require an environmental impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes. 8. The Developer shall also bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer. 9. The Developer and the Agency understand and agree that neither Party is under any obligation whatsoever to enter into a DDA. In the event of the expiration or earlier termination of this Agreement, the Agency shall be free at the Agency's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site. 10. This Agreement may not be assigned by the Developer without the prior express written consent of the Agency in its sole and absolute discretion. 11. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by personal service or a reputable overnight delivery service (such as Federal Express) and addressed as follows: If to the Developer: Pelican Vista LLC 15272 Bolsa Chica Street #101 Huntington Beach, CA 92649 Attn: Mr. Daniel Howse with a copy to: Pelican Properties 1300 Quail Street #102 Newport Beach, CA 92660 Attn: Mr. Richard Hamm If to the Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn: Mr. John Meyer with a copy to: 3 Richards, Watson & Gershon 355 South Grand Avenue, 44th Floor Los Angeles, California 94471-3141 Attn: Bruce Galloway, Esq. 12. For purposes of the negotiations contemplated by this Agreement, the Developer's representative shall be Mr. Richard Hamm (Phone: (949) 263-9214; Email: hammrichard@sbcglobal.net), and the Agency's representative shall be John Meyer (Phone: 951/694-6412); Email: john.meyer@cityoftemecula.org). 13. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement. 14. This Agreement may not be altered, amended or modified except by a writing executed by all Parties. 15. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be filed in and shall occur in the County of Riverside. 16. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 17. Time is of the essence of each and every provision hereof. 18. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: sy: PELICAN VISTA, LLC, a California limited liability company Richard Hamm, Co-Managing Member AGENCY: 4 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts,Chairperson Temecula Redevelopment Agency ATTEST: By: Susan W. Jones, MMC City ClerklAgency Secretary APPROVED AS TO FORM: By: Peter Thorson, Agency Counsel ATTACHMENT NO. 1 DESCRIPTION OF SITE THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: PARCELS 4, 5, 6 AND 7, IN THE CITY OF TEMECULA, AS PER OFFICIAL MAP NO. 2448-4274686, RECORDED IN BOOK 1, AT PAGE 24-22, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF BLOCKS 4, 5, 6, 7, 19 AND 24 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN BOOK 15, PAGE 726 RECORDS OF SAN DIEGO, CALIFORNIA 6 ATTACHMENT N0.2 MATERIALS TO BE DELIVERED BY DEVELOPER TO THE AGENCY 1. Within fifteen (15) days after the date of this Agreement, Developer shall deliver to Agency site plans and concept drawings identifying building location and dimensions, uses, parking, landscaping areas and proposed design characteristics of the Project and shall obtain Agency staff's non-binding preliminary approval thereof. 2. Within sixty (60) days after the date of this Agreement, Developer shall deliver to Agency revised plans based on input received by City Staff, the Local Review Board and the public and shall obtain Agency staff's non-binding preliminary approval thereof. 3. Within ninety (90) days after the date of this Agreement, Developer shall submit to Agency in a form acceptable to Agency staff: (i) a list of the sources of equity required for the Project and the proposed structure for investment of the equity, a list of the contemplated sources of debt financing for the Project, the projected costs of development of the Project, and the percentages of the costs that will be paid from equity and debt, respectively; (ii) a financial proforma for the Project on a phase by phase basis, if applicable, reflecting all projected Project income and revenues with a comparison to anticipated operating costs; and (iii) a financial analysis of the Project setting forth the Developer's projected return on its investment in the Project. 4. Within ninety (90) days after the date of this Agreement, Developer shall submit to Agency a list of potential major tenants and/or types of major tenants for space at the Project. 5. Within one hundred and twenty (120) days after the date of this Agreement, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by Agency and Developer pursuant to this Agreement) investigate physical condition of the Site (including the soils thereon) and submit to the Agency in writing any and all objections Developer may have to the physical condition of the Site together with a detailed written explanation of the reasons for each objection. 6. Within one hundred twenty (120) days after the date of this Agreement, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein (and deliver a copy to the Agency); (ii) submit to Agency an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit to Agency Developer's written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections. 7. Within ninety (90) days after the date of this Agreement, Developer shall submit to Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of each component of the Project (the "Development Schedule"). 8. Prior to execution of the DDA, the Developer shall submit to the Agency for its review and approval all organizational documents for the entities signing the DDA (and, to the 7 extent requested by Agency, information, certifications and/or documents relating to the ownership, control, f°inancial condition and signing authority of the direct and indirect owners and managers of each such entity). ATTACHMENT N0.3 FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT (Attached.) 9 RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of August 26, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and PELICAN VISTA, LLC, a California limited liability company (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA"); WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed leasing and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer anon-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: 1. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses. costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' Ia fees and expenses and court costs) suffered, incurl•ed or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Within thirty (30) days after the date of this Agreement, Developer shall deliver to Agency complete insurance certificates on Acord Form 25 evidencing that Developer has obtained the insurance required by this Section 2, and Developer shall thereafter maintain such insurance for the duration of this Agreement and the ENA. The required insurance shall cover claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, its agents, representatives, or employees, and shall otherwise have the following scope and be in the following form. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 O1 11 85 or 88. Insurance Services Office Business Auto Coverage form CA 00 O1 06 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, anon- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. 14linimum Limits of Insurance. Developer shall maintain limits no less than: General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and their officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Dei~eloper; products and completed operations 11 of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developer'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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (34) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. 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 Agency. Self insurance shall not be considered to comply with these insurance requirements. Additional Verification of Coverage. After the Agency has been given the insurance certificates described in the first sentence of this Section 2, the Developer shall, within 5 days after written request from the Agency, provide complete copies of all required insurance policies, including endorsements, effecting the coverage required by these specifications. 3. Limitations; No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4. Notices. Whenever any notice, demand, or request is required or pei-~nitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5. Assi ntg Went. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 12 6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. DEVELOPER: sy: PELICAN VISTA, LLC a California limited liability company Richard Hamm, Co-Managing Member CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts, Chairperson Temecula Redevelopment Agency ATTEST: sy: Susan W. Jones, MMC City ClerklAgency Secretary APPROVED AS TO FORM: sy: Peter Thorson, Agency Counsel 13 EXHIBIT A to Right of Entry and Access Agreement Description Of The Site THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: PARCELS 4, 5, 6 AND 7, IN THE CITY OF TEMECULA, AS PER OFFICIAL MAP NO. 2008-0270686, RECORDED IN BOOK 1, AT PAGE 20-22, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF BLOCKS 4, 5, 6, 7, 19 AND 20 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN BOOK 15, PAGE 726 RECORDS OF SAN DIEGO, CALIFORNIA 14 ATTACHMENT N0.4 AGENCY TASKS 1. Provide to Developer all currently existing plans, studies and other written information regarding the Site and adjacent public projects that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Review the Developer's Site Plans, concept drawings and other submissions. 3. Comply with CEQA. 4. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 15 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: PARCELS 4, 5, 6 AND 7, 1N THE CITY OF TEMECULA, AS PER OFFICIAL MAP NO. 2008-0270686, RECORDED IN BOOK 1, AT PAGE 20-22, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF BLOCKS 4, 5, 6, 7, 19 AND 20 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN BOOK 15, PAGE 726 RECORDS OF SAN DIEGO, CALIFORNIA C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892980.doc C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\892980.doc JOINT CITY COUNCIL AND RDA PUBLIC HEARING ITEM NC}. 2d Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/City Manager TO: Agency Members/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 26, 2008 SUBJECT: Califorina State Univeristy Funding Agreement PREPARED BY: John Meyer, Housing and Redevelopment Director RECOMMENDATION: That the City Council/Temecula Redevelopment Agency: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS' AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS 2. That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS' AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS Approve an appropriation of $115,000 for the Education Center Improvements from the Redevelopment Agency tax increment. BACKGROUND: During the past year, the City of Temecula has been working with California State University San Marcos {Cal State) to establish a permanent presence in Temecula. Cal State will begin offering classes in August of 2008 and will occupy their new Temecula campus located at 27455 Tierra Alta Way, in October of 2008. The course work will concentrate on undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies. Cal State has filled the initial 54 student nursing cohort and has a 300 person waiting list. Mr. Paul Garrett made this 15,000 square foot facility available by providing a $250,000 grant to offset lease operations. This grant was pledged as the beginning of fundraising efforts towards establishing Cal State's presence in the community. The City of Temecula has acted as a catalyst in the establishment of the Temecula Higher Education Foundation. The Articles of Incorporation have been filed and the Board of Directors is being formed. Cal State, along with the Foundation, will be seeking private support to fund the on going operations at the new facility. However, these efforts have only just begun and there are insufficient funds to cover the $115,000 needed for tenant improvements at the new facility. The proposed improvements include increasing and improving classroom and laboratory facilities. The facility is located adjacent to but, outside the Redevelopment Project Area. Therefore, the Agency Board must make additional findings that the proposed expenditure of funds will benefitthe Project Area. The Temecula Center will: Provide for public educational services Enhance the industrial, research and development, and commercial areas within the Project Area Promote the expansion of local employment opportunities Enhance the pool of skilled and professional health care workers FISCAL IMPACT: Additional tax increment is available to fund the $115,000 expenditure far this project. ATTACHMENTS: Resolution Funding Agreement August 8, 2008 Letter A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS' AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. The City Council hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency"} is a community redevelopment agency duly organized and existing under the Community Redevelopment Law {"CRL"), Health and Safety Cade Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" {hereafter the "Plan"} in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. California State University San Marcos {"University"} has leased a building located at 27455 Tierra Alta Way, Temecula California for the purposes of establishing the University's "Off-Campus Center." The Temecula Off-Campus Center will concentrate on the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at the Temecula Off- Campus Center will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. The Temecula Off-Campus Center is located an land adjacent to the Project Area. D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sew.}, and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to provide monetary assistance to the University for the construction and installation of classrooms and laboratory facilities at the Temecula Off-Campus Center. E. The Improvement of the Temecula Off-Campus Center is of benefit to the Project Area. Improvement of the Temecula Off-Campus Center will benefit the Project Area in that the Temecula Off-Campus Center will:(1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2} promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4} assist in the continued development of the industrial and research and development areas Project Area surrounding the Temecula Off-Campus Center as ; (5} upgrades the physical appearance of the Project Area; (6} encourages investment in the Project Area by the private sector; and {7) contributes to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers and enhancement of the pool of skilled and professional health care workers. F. Improvement of the Temecula Off-Campus Center will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adapted in December 2004 pursuant to Health and Safety Code Section 33490 in that the Temecula Off- Campus Center will: {1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2} promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; {3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area surrounding the Temecula Off-Campus Center as ; {5} upgrades the physical appearance of the Project Area; (6} encourages investment in the Project Area by the private sector; and (7) contributes to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers and enhancement of the pool of skilled and professional health care workers. G. No other reasonable means of financing the Temecula Off-Campus Center are available to the City or the University. 1) The prudent budget constraints of the City prevent the City from financing improvement and installation of classrooms and laboratory facilities at the proposed Temecula Off-Campus Center by any means. No moneys of the City are available to pay for the cost of the Temecula Off-Campus Center improvements. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Traditional methods of financing the improvements to the Temecula Off-Campus Center, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require atwo-thirds vote. 2) The University has found that na reasonable means of financing the construction and installation of classrooms and laboratory facilities at the Temecula Off-Campus Center are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The University is soliciting private donations to fund the Temecula Off-Campus Center. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for the Temecula Off-Campus Center. Additionally, much of the private donations raised by the University for Temecula Off- Campus Center are pledged to on-going educational costs and maintenance of the Campus. H. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. I. The Agency Board and City Council have duly considered all terms and conditions of the proposed Temecula Off-Campus Center Funding Agreement ("Agreement"} and believe that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Agreement pertains to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. K. The University is the lead agency with respect to the California Environmental Quality Act and has determined that the development of the Temecula Off-Campus Center facilities are exempt from CEQA pursuant to 14 Cal. Admin. Code Section 15301, Existing Facilities, of the CEQA Guidelines because the building housing the Temecula Off Campus Center exists and the Improvements are to the interior of the building. L. All legal prerequisites to the adoption of this Resolution have occurred. 2. Approval of Use of Agency Funds for Temecula Off-Campus Center. Pursuant to Health & Safety Code Section 33445 and the findings set forth above, the City Council hereby approves the use of tax increment funds by the Agency in the amount of one hundred fifteen thousand dollars ($115,000.00} for the construction and installation of classrooms and laboratory facilities at the Temecula Uff-Campus Center as described in this Resolution through the Agreement. 3. Certification. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26 day of August, 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 26 day of August, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. RDA~8- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENTS FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS' AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 3344a AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency"} is a community redevelopment agency duly organized and existing under the Community Redevelopment Law {"CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" {hereafter the "Plan"} in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adapted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. California State University San Marcos ("University"} has leased a building located at 27455 Tierra Alta Way, Temecula California for the purposes of establishing the University's "Off-Campus Center." The Temecula Off-Campus Center will concentrate on the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at the Temecula Off- Campus Center will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. The Temecula Off-Campus Center is located on land adjacent to the Project Area. D. Pursuant to provisions of the Community Redevelopment Law {California Health and Safety Cade Section 33000, et sew.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to provide monetary assistance to the University for the construction and installation of classrooms and laboratory facilities at the Temecula Off-Campus Center. E. The Improvement of the Temecula Off-Campus Center is of benefit to the Project Area. Improvement of the Temecula Off-Campus Center will benefit the Project Area in that the Temecula Off-Campus Center will:(1 }provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4} assist in the continued development of the industrial and research and development areas Project Area surrounding the Temecula Off-Campus Center as ; (5} upgrades the physical appearance of the Project Area; (6} encourages investment in the Project Area by the private sector; and (7} contributes to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers and enhancement of the pool of skilled and professional health care workers. F. Improvement of the Temecula Off-Campus Center will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that the Temecula Off- Campus Center will: {1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2} promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; {3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4} assist in the continued development of the industrial and research and development areas Project Area surrounding the Temecula Off-Campus Center as ; {5} upgrades the physical appearance of the Project Area; (6} encourages investment in the Project Area by the private sector; and (7) contributes to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers and enhancement of the pool of skilled and professional health care workers. G. No other reasonable means of financing the Temecula Off-Campus Center are available to the City or the University. 1) The prudent budget constraints of the City prevent the City from financing improvement and installation of classrooms and laboratory facilities at the proposed Temecula Off-Campus Center by any means. No moneys of the City are available to pay for the cost of the Temecula Off-Campus Center improvements. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Traditional methods of financing the improvements to the Temecula Off-Campus Center, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require atwo-thirds vote. 2} The University has found that no reasonable means of financing the construction and installation of classrooms and laboratory facilities at the Temecula Off- Campus Center are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The University is soliciting private donations to fund the Temecula Off- Campus Center. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for the Temecula Off-Campus Center. Additionally, much of the private donations raised by the University for Temecula Off- Campus Center are pledged to on-going educational costs and maintenance of the Campus. H. The Public Improvements are consistent with the Agency's Implementation Plan adapted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. I. The Agency Board has duly considered all terms and conditions of the proposed Temecula Off-Campus Center Funding Agreement and believes that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Agreement pertains to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. K. The University is the lead agency with respect to the California Environmental Quality Act and has determined that the development of the Temecula Off-Campus Center facilities are exempt from CEQA pursuant to 14 Cal. Admin. Code Section 15301, Existing Facilities, of the CEQA Guidelines because the building housing the Temecula Off Campus Center exists and the Improvements are to the interior of the building. L. All legal prerequisites to the adoption of this Resolution have occurred. Section 2. Approval of Use of Agency Funds for Temecula Off-Campus Center The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares the Approval of Use of Agency Funds for Temecula Off-Campus Center. Pursuant to Health & Safety Code Section 33445 and the findings set forth above, the Agency hereby approves the use of tax increment funds in the amount of one hundred fifteen thousand dollars {$115,000.00} for the construction and installation of classrooms and laboratory facilities at the Temecula Off-Campus Center as described in this Resolution. Section 3. Approval of Temecula Off-Campus Center Facilities Funding Agreement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Temecula Off-Campus Center Facilities Funding Agreement" by and between the Agency and the California State University (the "Agreement"}, with such changes in the Agreement as may be mutually agreed upon by the University and the Agency Executive Director as is in substantial conformance with the form of such Agreement which is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed an file in the Office of the Secretary of the Agency. Section 4. Executive Director's Authority. The Executive Director of the Agency (or his designee}, is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the Agency of the such acceptances, certificates, certificates of completion and other implementing agreements and documents as contemplated, necessary or described in the Agreement. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 26 day of August, 2008. Ron Roberts ,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 26 day of August, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TENIECULA OFF-CAMPUS CENTER FUNDING AGREEMENT BET~'VEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS THIS AGREEMENT is made and entered into by and between the Redevelopment Agency of the City of Temecula ("Agency")and the California State University San Marcos ("University")and shall be dated as of August 26, 2008. In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: Section 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: (a) The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. (b) On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. (c) The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (e) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of educational facilities. (d) California State University San Marcos ("University")has leased fifteen- thousand (15,000) square feet of a building located at 27455 Tierra Alta Way, Temecula California for the purposes of establishing an "Off-Campus Center." The Temecula Off-Campus Center will concentrate on the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at the Temecula Off-Campus Center will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. The Temecula Off-Campus Center is located on land adjacent to the Project Area. C:\Program Files {x86}INeevia.CnmlDncument Converter\temp1892716.DOC-- -1v3 (e) Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sec..), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to pay for the construction and installation of classrooms and laboratory facilities at the Temecula Off-Campus Center. (f) The construction and development of the Temecula Off-Campus Center is of benefit to the Project Area and will assist in the elimination of blight in the Project Area. Construction of the Temecula Off-Campus Center will benefit the Project Area in that the Temecula Off-Campus Center will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area surrounding the Temecula Ofd Campus Center as ; (5} upgrades the physical appearance of the Project Area; (6} encourages investment in the Project Area by the private sector; and (7) contributes to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers and enhancement of the pool of skilled and professional health care workers. (g) The University has determined that no reasonable means of financing the tenant improvements to support the instructional programs at the Temecula Ofd=Campus Center are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe f°iscal crisis and funds for capital improvements to the California State University are being severely reduced. The Lniversity is soliciting private donations to fund the Temecula Off-Campus Center. The fundraising efforts have been insuf~"icient to meet all of the costs for the capital improvements required for the Temecula Ofd=Campus Center. Additionally, much of the private donations raised by the University for Temecula Off-Campus Center are pledged to on-going educational costs and maintenance of the Campus. (h) Through the adoption of City Council Resolution No. 08- and Agency Resolution No. 08- the City and Agency approved the Agency's funding of the Public Improvements pursuant to Health and Safety Code Section 33445 each finding that construction of the Public Improvements will benefit the Project Area, assist in the elimination of blight in the Project Area, and that no other reasonable means of financing the Public Improvements is available to the City, Agency and University. Section 2. Development of Temecula Off-Campus Center. (a) For a period of not less than t«-~o years from the date of this Agreement, University shall: 1} Maintain its lease offifteen-thousand (15,000) square feet of the building located at 27455 Tierra Alta Way, Temecula California for the University's Temecula Ofd C:\Program Files {x86}INeevia.CnmlDncument Converter\temp1892716.DOC-- -1v3 Campus Center per the terms and conditions stated in the executed lease agreement between CSUSM and Tierra Alta LLC dated May, 15, 2008. 2) Maintain the Temecula Off-Campus Center for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. 3) Use its reasonable efforts to utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. (b) The University shall design, construct and install such classrooms, laboratories and other education facilities as it deems necessary for the Temecula Ofd Campus Center ("Improvements"} in accordance with the requirements specified in the executed lease agreement dated May 15, 2008 and with such laws, regulations and policies as may be applicable to the improvements. (c) Agency shall pay to the CSUSM Foundation the sum of one-hundred & fifteen thousand dollars ($115,000.00) towards the costs of design, construction and installation the Improvements. Such payment shall be made within fifteen (15) days of a written request by the University, which request shall certify that the University has entered into a contract for construction of the Improvements. If the University has not requested payment on or before February 1, 2009, the Executive Director of the Agency may terminate this Agreement. (d) Agency's contribution to the Temecula Off-Campus Center shall be limited to this amount unless otherwise agreed to in writing between the Agency and the University. (e) Title to the Improvements constructed at the Temecula Off-Campus Center shall be vested in the University. Agency shall have no interests in the Temecula Ofl=Campus Center or the Improvements. Section 3. Indemnification. University shall defend, indemnify, assume all responsibility for and hold the Agency, City of Temecula, and their officers, officials, agents, and employees ("Indemnified Parties"), harmless from all costs (including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death that may be caused by any of the actions or inactions of the University or that may result from the University's use of the Temecula Off-Campus Center, whether such actions or inactions or use by University or any person directly or indirectly employed or contracted with by the University and whether such action shall accrue or be discovered before or after termination of this Agreement. This Section shall sunTive termination or expiration of this Agreement. Section 4. General. (a) Any notices which either party may desire to give to the other party under this Agreement must be in writing and maybe 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, C:\Program Files {x86}INeevia.ComlDncument Converter\temp1892716.DOC-- -1v3 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 written notice to the other party: Agency: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 Business Park Drive Temecula, California 9290 Attention: Executive Director University: CALIFORNIA STATE UNIVERSITY SAN MARCOS 333. S. Twin Oaks Valley Road San Marcos, CA 92096 Attention: Matthe~~~ Ceppi, Chief of Staff (b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. The parties do, however, anticipate the negotiation and approval of a Development Agreement between the City of Temecula and the Owner with respect to the zoning and land use entitlement for the Site. (c) Amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Owner. (d) The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. (e) In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. (f) Each person signing below personally warrants and represents to the parties that the party he or she represents has approved this Agreement, intends to be bound by its terms and that they are duly authorized to execute this Agreement on behalf of the party they represent. (g) The parties acknowledge that time is of the essence in this Agreement. C:\Program Files {x86}INeevia.CnmlDncument Converter\temp1892716.DOC-- -1v3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts Chairperson ATTEST: Susan Jones, MMC Secretary, Agency Secretary APPROVED AS TO FORM: Peter M. Thorson General Counsel C:\Program Files {x86}INeevia.CnmlDncument Converter\temp1892716.DOC-- -1v3 CALIFORNIA STATE UNIVERSITY 333. S. Twin Oaks Valley Road San Marcos, CA 92096 Attention: Matthew Ceppi, Chief of Staff By: Name: Title: By: Name: Title: C:\Program Files {x86}INeevia.ComlDncument Converter\temp1892716.DOC-- -1v3 California State University SAN IvtARC05 August 8, 2008 Ron Roberts Chairman of the Board Redevelopment Agency of the City of Temecula 43200 Business Park Dr. Temecula, CA 92590 Dear Chairman Roberts: Of/ice ofrlre President CnliJnrnirr Store Unioer.5'i(V Srm Marcos Son Mm•ws, Cnlifornin 9: D96-00(11 USA Tel: (760/ ISO-40AU; Fox: (760J 7511-4033 pres(~r;csesrn. erhr www,csusm.cdu California State University San Marcos is pleased to be a partner with the City of Temecula in the development of an oft= campus center. University funds are limited for the expansion of any university facilities. Given the very limited state budget, the University has no reasonable means of financing the construction and installation of classrooms and laboratory facilities at the Temecula off-campus facility on Tierra Alta Way. The University, along with the City of "Temecula and the soon to be formed Temecula Foundation for Higher Education, is seeking private support to fund the ongoing operations at the Tierra Alta tiacility and for funding a permanent £acility for an off-campus center. The fundraising efforts have been insufficient to meet the costs for the tenant improvements required for the off-campus facility. Additionally, much of the private support is pledged to on-going educational costs and maintenance of the center. Our data show increasing numbers of alumni, and your future leaders, are employed in the region in business, biotech, government and social services, education and nursing. Cal State San Marcos offers an interactive and applied teaming experience, a student-centered environment and outstanding lifelong teaming opportunities. We are launching a bachelor of science in nursing program in the 2008/09 academic year along with multiple lifelong learning and training opportunities, We will continue to bring on degree programs and training opportunities based on the needs of the businesses and communities in the Temecula region and progratn demand. Through this sustained partnership, we will provide affordable access to a quality public university in southwest Riverside County and, work toward our common goal - to raise the level of educational attainment and continue economic and social development in the region. ' Si erely, r ~l~c_~ ,~__ Karen S. Ha}ntes, Ph.D. President KSH:mjc The Caafornla State University 8akerefidd • Charnel lelenda • Chico • Dominguez Hills • &181 Ray • Fresuo • Fullerton • Humholdt • Long kleach • Los Angeles • MAlltime Academy • Monterey Bey • Northridge • Pomone ••Sacramento • San 8emnrdinu • ti;m 1]iegr~ • tau Francisco • San lose • San Luis D6iepo • San Mercas • Sonomn • Stnnislnus RDA DEPARTMENTAL REPORT ITEM NC}. 21 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: August 26, 2008 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT 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 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 2008-09. The following facade improvements are in process or 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 European Living -New Signs The Public House Restaurant - Paint Exterior - New Awnings 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 are being made to address the concerns of HCD and bring the Housing Element into compliance with State Housing Law. State law requires the City to adopt an update to the Housing Element byJune 30, 2008 and it must be certified by the State Department of Housing and Community Development (HCD) by December 31, 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 received comments on the draft Housing Element from the California Department of Housing and Community Development (HCD) on April 13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD for a second 60 - day review on July 2, 2008. HCD comments are expected by September 3, 2008. A revised timeline has been prepared that anticipates a Planning Commission hearing in November 2008 and a City Council hearing will be held in December 2008. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD fora 90-day Certification review. 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. The Warehouse at Creekside On August 12, 2008, the City Council approved an Owner Participation AgreementwithWarehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currentlyworking with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and 3500 square foot ground floor of commercial. The project includes 1 dedicated parking space for each residential unit. First Time Homebuyers Program On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000 price range. Payments and interest is deferred for the first 5 years and then fully amortized in years 6 through 30. Residential Improvement Programs The program budget for FY 08-09 is $200,000.00, with $7,500 funded to date. The amount available to each participant is $7,500. DEPARTMENTAL REPORTS ITEM NC}. 22 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: August 26, 2008 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of July 2008. CURRENT PLANNING ACTIVITIES New Cases The Division received 53 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of July. The new public hearing cases are as follows: CONDITIONAL USE PERMIT 3 DEVELOPMENT PLAN 1 MAJOR MODIFICATION 2 MINOR MODIFICATION 2 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 was expected by the end of May 2008 and staff is awaiting this ruling. (FISK) 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 draft version of the Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and comment period. Staff received comments on the draft Housing Element from the California Department of Housing and Community Development (HCD} on April 13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD for a second 60 -day review on July 2, 2008. HCD comments are expected by September 3, 2008. A revised timeline has been prepared that anticipates a Planning Commission hearing in November 2008 and a City Council hearing will be held in December 2008. Upon adoption by the City Council, the Housing Elementwill be submitted a final time to HCD fora 90-day Certification review. {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. A community meeting was held on June 17, 2008 to provide an update on the process. Approximately 20 residents attended. Staff indicated to the residents that it is the City's intent to run parallel processes for the Assessment District/Leifer Road Improvement Plans and the General Plan/Zone Changes to increase the density, and that we anticipated the process to take between 18 to 24 months. Staff agreed to provide website and email updates on a quarterly basis to the residents on the project progress. An internal staff meeting (Planning, Public Works, TCSD, and Finance) was held on August 6to discuss timelines, budget, work tasks, and priorities. A community meeting is tentatively scheduled for October to report on progress and present a timeline to local residents. {PETERS/KITZEROW} Transit Center and Transportation Planning -Staff has received the letter from ACOE confirming the conceptual location of the transit center within the Murrieta Creek Recreation Basin. This letter is needed in order far RTA to move forward with the transit center design, and supplemental EIS. Staff will continue working with agency staff to update transit center timelines, provide input into the RTA route restructuring, and work with agency staff on a Transportation NOW chapter. Staff has scheduled a TransitAd Hoc Committee meeting for August 25, 2008. RTA has been asked to provide an update on all three projects. (WEST} Heritage Tree Ordinance -Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other large trees throughoutthe City. The item was reviewed by the Planning Commission on April 16, 2008 and the Planning Commission continued the item far 45 days to allow staff the necessarytime to amend the draft Ordinance. Staff has revised the Ordinance based largely on the City of Thousand Oaks tree preservation ordinances which were originally adopted in the 1970's and revised over time. The draft Ordinance is currently being reviewed by the City Attorney and the City's Consulting Arborist. The draft Ordinance is expected to be reviewed by the Planning Commission in September 2008 and is tentatively scheduled for City Council in October 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 adopting the proposed changes by January 2009. On June 18, 2008, the Planning Commission reviewed and recommended the City Council adopt the proposed Ordinance. The Water Efficient Landscape Ordinance was approved at the July 22, 2008 City Council meeting and will became effective on August 21, 2008. (WEST) Massage Ordinance -Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. The City Attorney has been making revisions to the draft Ordinance based on comments received from PD and local business owners working in conjunction with PD. Temecula PD will be scheduling briefing meetings with members of the City Council when the final draft Ordinance is completed. (FISK) 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 for 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. ESA has prepared a draft procedure handbook that is currently being reviewed. Staff's goal is to present this handbook to the Council for review and approval in September. The CEQA thresholds portion of this work effort is currently on-hold. (KITZER~WI SCHUMA/WEST} Green Building Program - Staff is participating on a subcommittee of the WRCOG Planning Directors TAC to review and develop recommendations for local jurisdictions to implement green building programs. In February, 2008, the WRCOG Executive Committee endorsed the California Green Builder program and requesting that member jurisdictions adopt a resolution to implement the program on a voluntary basis. At their May 21, 2008 meeting, staff presented to the Planning Commission, three different green building programs and explained their differing levels of performance. On June 18, 2008, staff recommended that the Planning Commission adopt a resolution recommending that the City Council endorse the California Green Building program, as a voluntary program for new single-family residential homes. Additionally, staff is recommending that the City demonstrate their commitment to sustainable development by adopting a policy that all new construction and additions to City owned facilities be designed and constructed to achieve a minimum Leadership in Energy and Design (LEED) certified rating. Council approved the resolution endorsing the Green Builder Program at their July 22, 2008 meeting as well as adopting a policy that all new City construction projects achieve LEED certified rating. (WEST} Sustainability Program - In addition to staff's participation on the WRCOG PD TAC Subcommittee, staff has been involved in both the development of the Inland Empire Chapter of the United States Green Building Council {USGBC-IE), which now a formal Chapter of the USGBC, and the AB 32 -Global Warming Solutions Act of 2006 Scoping Plan. Staff is participating on the Municipal Forum Committee of the USGBC-IE, which is intended to develop and provide training opportunities for LEED and assistance to public agencies for developing a green building program. 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 cities will follow to reduce the greenhouse gases {GHG) emissions. At the May 21, 2008 Planning Commission meeting, staff briefed the Commissioners on staff's progress with developing a sustainability program, which will initially include a municipal green building policy, a recommendation to adopt the California Green Building program as a voluntaryentry level program single-family residential homes, and an updated Water-Efficient Landscape Ordinance. On June 18, 2008, staff explained their vision of the Sustainability Plan framework, which includes measurable goals, policies and implementation strategies to reduce environmental impacts of the existing built envrionment and from future development. The Council provided direction at their July 22, 2008 public hearing. Staff will take the draft recommendations and prepare implementation programs by July of 2009. (WEST) ^ Santa Margarita Area Annexation -The Notice of Preparation farthe revised Environmental Impact Report was released on July 28, 2008 far public comment. The comment period closes on August 26, 2008. Staff along with our consultants will prepare draft an EIR for circulation in late September. {BROWNIWEST} Development Code Update -Staff is preparing an update of the Development Code that considers allowing second dwelling units on large single family residential lots within the front yard, amending the duration of time allowed for temporary use permits, prohibiting brand name advertising on permanent signs, reducing the required parking far congregate care facilities, and other minor clarifications within the Code. The Planning Commission heard this item at their June 18, 2008 and recommended approval by the City Council. These items were heard and approved by City Council on July 22, 2008 except "prohibiting brand name advertising on permanent signs", as proposed, was deleted from the approval. (LOWREYIWEST) Roripaugh Ranch Outside Agency Permits -Planning Staff is working with Public Works (CIP) to confirm the status and applicability of all necessary permits from the Army Corp of Engineers, Department of Fish and Game, and the Regional Water Quality Control Board in order for the City to build Butterfield Stage Road, Murrieta Hot Springs Road and the extension of Calle Chapos to the Fire Station. After various conference calls with representatives from the outside agencies to discuss the project, Greg Butler sent an a-mail to each on July 28, 2008 requesting confirmation that no additional permits are necessary. Staff is awaiting a response. (PETERSIKITZEROWISCHUMA). ^ Old Town Specific Plan Update -Staff is working in conjunction with consulting firms Inland Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the Old Town Specific Plan that addresses the ten goals and recommendations for Old Town presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local Review Board formed a steering committerfortheSpeclfic Plan Update consisting of Board Members Blair and Harker, with the purpose of this committee being to provide the Old Town Local Review Board with additional opportunities to review and comment on concepts and preliminary plans as the Specific Plan update progresses and for the committee to report back to the other Board members on the progress of the update. Staff intends to complete the analysis/research phase of this update in October 2008, to complete the first draft of the Specific Plan update in February 2009, to present the draft update to the public in March 2009, and to bring the updated plan to the Old Town Local Review Board for review in April 2009, to the Planning Commission for review in May 2009, and to City Council for review in June 2009. (FISK) Planning Agenda Report 07-01-2008 through 07-31-2008 1. Recently Approved APN # • PA08-0098 TEMECULAVALLEYJAZZ szzossoss FESTIVAL CHRISTINE DAMKO A Major Temporary Use Permit for the Temecula Valley Jazz Festival located in Old Town Temecula on July 10, 2008 to July 13, 2008. Submitted Date Approved Date 4/22/2008 Jul 7 2008 AYN 8 • PA08-0144 BAILY'S REST. ART SHOW TUP 922046018 CHRISTINE DAMKO A Major Temporary Use Permit to allow Baily's Restaurant to conduct art shows within their courtyard. The art show will be conducted on Saturday and Sunday afternoons between 10:OOam and 5:OOpm. Baily's Restaurant is located on the north west corner of Front and Second Street within the Old Town Specific Plan. Submitted Date Approved Date 6/25/2008 Jul 17 2008 1 of 4 Planning Agenda Report 07-01-2008 through 07-31-2008 2. Scheduled for Hearing APN # • PA08-0115 Warehouse at Creekside 922046012 CHERYL KITZEROW/MATT PETERS A Conditional Use Permit and Development Plan for the Warehouse at Creekside. A 30,519 square foot mixed use project (ground floor restaurant/parking plus 3 stories residential) located at 42081 3rd Street (podium construction over 20,000 sf/32 space surface parking). Project includes 32 residential units (mix of apartments and townhomes) and a 3,400 square foot restaurant. Residential component includes 19 low income and 13 moderate income units. Conditional Use Permit is required for residential and ABC license for restaurant. Submitted Date DRC Meeting Date Planning Commision 5/21 /2008 6/19/2008 Aug 20 2008 ArN u • PA08-0008 Truax Building 922043012 CHERYL KITZEROW/MATT PETERS A Commercial Development Plan to construct a 64,000 square foot, 4-story mixed use building located at the northwest corner of 2nd Street and Mercedes Street (Pre-App PR07-0003). Uses proposed include 1st floor retail and offices on the 2nd thru 4th floors. Submitted Date DRC Meeting Date City Council 1/14/2008 2/7/2008 Sep 9 2008 APN # • PA07-0312 Rancho Pueblo Condo 7PM 959070028 BETSY LOWREY 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 Directors Hearing 11/2/2007 Jul 31 2008 2 of4 Planning Agenda Report 07-01-2008 through 07-31-2008 3. New Submittals Pending DRC Meeting APN # • PA08-0138 House of WinePC&N 922024009 ERIC JONES A Public Convenience or Necessity Application for the Temecula House of Wine located at 28522 Old Town Front Street. Proposed location is the recently submitted Palomar Hotel expansion, PA08-0134 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/17/2008 TBD APN # • PA08-0143 BAILY'S RESTAURANT BANQUET 9zzo4sofa TUP CHRISTINE DAMKO A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within a tent approximately 2,000 sgaure feet on restaurant property. Live entertainment is also part of this application. Baily's Restaurant is located at the north west corner of Front Street and Second Street within the Old Town Specific Plan. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/25/2008 TBD APN # • PA08-0154 Iron Wok Minor CUP 910320039 ERIC JONES A Minor Condtional Use Permit for the Iron Wok, located at 26520 Ynez Road, to conduct live entertainment with a band or DJ. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/8/2008 TBD HYN R • PA08-0162 Arrowhead Bank Major Mod 910320037 BETSY LOWREY A major modification to reconstruct the facade of an approved development plan PA99-0476 (existing restaurant - Five and Ten Diner) to a bank (Arrowhead Credit Union), generally located on the east side of Ynez approximately 500 feet south of Winchester at 26460 Ynez Road [APN 910-320-037]. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/28/2008 TBD APN # • PA08-0163 International Film Festival 921270034 CHRISTINE DAMKO A Major Temporary Use Permit for the 2008 Temecula Valley International Film and Music Festival located within the Tower Plaza shopping center and parking lot, 27531 Ynez Road from September 17th to the 21st from 9:OOam to 11:OOpm. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/29/2008 TBD APN # • PA08-0165 AT&T Wireless 954020005 DANA SCHUMA A Conditional Use Permit/Antenna Facility Application for ATT Wireless to install two slimline poles and an equipment structure on Rancho California Water District property located at 41520 Margarita Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/31 /2008 8/28/2008 TBD 3 of4 Planning Agenda Report 07-01-2008 through 07-31-2008 APN # PA08-0168 Temecula On Stage 2008 922036036 CHRISTINE DAMKO A Major Temporary Use Permit for the Temecula Onstage event, a fundraiser for Wishes For Children that entails live music and wine tasting located at 42081 Main Street between the Murrieta Creek and Front Street within Old Town Temeucla on August 30th between 5:OOpm to 11:OOpm. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/1 /2008 TBD AYN # • PA08-0176 Crowne Plaza Hotel DP 921060055 KATIE LECOMTE A Commercial Development Plan to construct alive-story 125,810 square foot hotel (Crowne Plaza) consisting of 1.70 guests rooms and suites, a grand ballroom, restuarant and cocktail lounge, health club/spa and outdoor terrace area, proposed to be located east of Jefferson Avenue, west of I-15 and approximately 500 feet north of Rancho California Road (APN: 921-060-055). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/12/2008 TBD APN # • PA07-0309 PDO-6 Zoning Amendment sssosoaa7 ERIC JONES A Zoning Amendment application to amend the Rancho Puebla 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 TBD 4 of4 ITEM NC}. 23 Approvals City Attorney ~ff Director of Finance 5~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 26, 2008 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of July, 2008. MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: ~qJ Brad Buron, Maintenance Superintendent DATE: August 7, 2008 SUBJECT: Monthly Activity Report -July, 2008 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of July, 2008: I. SIGNS A. Total signs replaced 119 B. Total signs installed 7 C. Total signs repaired 152 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 37 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 2,573 B. Total Tons 73 1V. CATCH BASINS A. Total catch basins cleaned 203 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of--way abatement 0 VI. GRAFFITI REMOVAL A. Total locations 44 B. Total S.E 4,187 VII: STENCILING A. 597 New and repainted legends B. 190 L.F. of new and repainted red curb and striping A:~MAWTAIMMOACTAPT Also, City Maintenance staff responded to 3_4 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 50 service order requests for the month of June, 2008. The Maintenance Crew has also put in 138 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of Julv. 2008 was -0- compared to $10,000.00 for the month of June. 2008. Account No. 5402 $ Account No. 5401 $ - 0 - Account No. 999-5402 $ cc: Greg Butler, Deputy Director / CIl' Dan York, Deputy Director of Public Works Ali Moghadam, Principal Engineer - (Traffic) Amer Attar, Principal Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) R:~MAiNTAIMMOACTRPT N G t~ L 3 3 2 a m =_ N a 0] r ~ Mra U N ~" JR'a O ~ ~ r IL M N m ~ ~ ~ O O OO O O ~~ W w O Oi b ~ t00 N~ O O fV ~ O eA O r OOf C N O~ M~ » vt O fp Or O N M~ N~ us » 0p M n O r Obi O ~ ONi fn ~ OJ O tD ~ OM N O tG W t0 fA N M V M ~ M n N r ~ N' r R' m O O O O Or O M ~O M O N 'O n ~ m Tq tgya oo N o o v, o n o v o v o ~ a O- w } ui ° o o ~~ vi ~d o o c v n o ~ <c c ~ of o w ~ a Ur v in n w~ M~ M rn a ~ m ~ _ ~ ` ~~ ~ Ea a rp ~w o ~ ~ i .C a `n » » w ~ a ~ .~ O. oma r u- O o a '. ra OW U N W op YWo mar 3~w Oy U ~ m ~ o y U ' o a U O W Y Ywo C r ~ ~ 0 OOwo a~ 3 4 U w Z N 0 J~Z U eD ~ r W ~ O O ~ N O O O M r O ~, r N ~' ~ Z d' ' C f C C N O V G I F G ' h O a O C 'i O . Q Q t O tl tG G tl5 C ~ a ~ H f9 A r ~ M ~ M ~ n ~ ~ ~ ` a O U F } : 4Y 0 1 O i t p. ray o~ ~ ~ ~~ mod, ~ d, ~ ' W J W Q O~ ~ ~ n oo m a n o ° M M • o QO~a ~ w ~ ~ ~ , ~ .~ ~ ~ W~ Y W O , N ' :V ~ p ~} Oo.~ ~ ~ _ O O d N d (p .. C O .. .. W p ~ (/i f/1 N O ~ i Gl CI C y r a t 0 } ~ ~ J mJ O N O O Q U ~ g m. LL i W a da LL d L o- n 7 w ~~ 3 w Y p Z F O y H N W N J W N N H r Z ~[ LL O ~ W J - N ~ = O W w ~ W c9 + W LL O .~ W ~ w ~ q j . Z r ~ J r ~ ' v ~ z v w ¢ w w v w ~ w a ~ _ ~ o ~ z ¢ J ~ o Y ~ a a m r ~ ~ w ~ ¢ z ai ~ z ~ C7 y w = 3 a 3 a ~ w w LL z ~ v ~ y ~ a = f q O F C7 C7 R' K W LL O O : . a M M ? u) in C7 D ? tq 6 ~ r a W N J F a 0 z z 0 0 0 O O B O o O r O M O~ M M ~ ~ 0 O O W ~ N ~ a ~ ~ o ~ ~' ^ ~ w p O ~ ~"~ ~ ~ ~ x ~ z ~ r J 2 (y ~ m W J ~ ' 3 a p a , J ~ o m m U N OOOO OOO ~ 00 O On OM 0 r O' M W ~ ~ O O O 6 i P ) i ~ ~ O `- N N ~ ~ ~ F M V' O O (p Z ~ M ~ m LL ~ ¢ ~. J m m Q a ~ a 2 w m F m n n N m ~ m r ` o ti a N ~ Y W ~ W OJo Sao U ~ r ~ U o ~ Y r apa O~aW Z U J ~ Z N Q F LL az_ oa K w m w U w G w m m O z w m O t- U O K w m W F a w H tlJ C9 a LL ~ w ~ y W a ti N LL N ~ N O U Z N f6 J J ~. (n LI~ N ~ a ~ Q ~ a a O ~ N'i`p cy ~ p f6 H ~ N JN N F Z ON v N j F > fq F 2 W a U-pQ 4:=~ m N A C U N N M ~ p a L V) H N C fq H ~ p M ~ fq F i C N N O (0 - C ~' N N .p N fA p' fn U ~ U ~ U C '- ~ J N Z 0 ~~ Q d 0 Z a w ~f/) ~ ~ N~ w N N ~J ~ U m ~J U '~ N U H d' J UJ U J Q O N N l6 'v ' CmH ~= N ~ 0 U m L U C Q ~ C~ Q W N N Q ? Q ~ - . N f/i L lp ~~ U J H y o ~O O 'am0 K ~ ~O O O ~ rnrnm ~O ~~ phi `~ O QUOI- a tntnl- ~ I-I-~ d ~ U in inUl-~ZQtn (7 I- CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JULY, 2008 ~ r ~~~t b~'1' ~ k aWC.s~„~JY 07/07/08 ~ ~ t2~ ~~ ~ J~ n~ AS ~ ~ 5 ~ ;.~ ~O ~IOyy.~ ~y.",q,~~ ~'w ~~~ u' ~~f~.. , '~ ~.,. ~.h.hy.9. Yi.. .X~~'NvL a^~.~~~~ ...~..t\~... .CS~i CITYWIDE WF, "'i}'p'l~Ia~' r ~ ~'*'~ ' COP ~F~ O " K 2 FS ~ . S~'*~'£,inT~~§. ~? ~ POTHOLE REPAIRS ~ '~. p -!k ~~ F°'r J~~.~ L~ n ~rs~. 433 ~'~} F =~ aTTO~}~Api, L ia.a- O1~U .e`.~ 2.5 07/08/08 MARGARITA NORTH OF PIO PICO R & R A.C. 210 6 07/09/08 CITYWIDE POTHOLE REPAIR 108 2 07/10/08 MARGARITA SOUTH OF YUKON R & R A.C. 132 4.5 07/14/08 CITYWIDE POTHOLES 51 1 07/15/08 PASEO SONRISA DEL SOL REPAIR CRACKS 524 2.5 07/16/08 MARGARITA R & R A.C. 235 8 07/21/08 4297000RTEALBANILLA A.C. OVERLAY 1 07/21/08 MISCELLANEOUS POTHOLE REPAIR ON NICHOLAS POTHOLES g 07/21/08 CALA ROSSO AT CALA CARASCO A.C. OVERLAY 15 07/21/08 31615 CALA CARASCO A.C. OVERLAY 9 07/21/08 LYNDIE LANE POTHOLE 2 07/21/08 PECHANGA ROAD POTHOLES 24 07/21/08 RANCHO CALIFORNIA ROAD AND YNEZ POTHOLE 1 1.5 07/23/08 5T" AT FRONT STREET R & R 180 07/23/08 RANCHO CALIFORNIA ROAD AT CITY LIMITS (WEST SIDE) POTHOLES 3 6 07/24/08 MARGARITA AT RANCHO CALIFORNIA ROAD R & R 162 9 07/28/08 RANCHO CALIFORNIA ROAD AT HOPE WAY POTHOLES 3 TEMP AC 07/28/08 NICOLAS ROAD POTHOLES 3 TEMP AC 07/28/08 MARGARITA AT SANTIAGO R & R A.C. 110 3 07/29/08 MARGARITA AT AVENIDA SONOMA R & R A.C. 300 12 07/31/08 WINCHESTER ATI-15 POTHOLE 2 TEMP AC 07/31/08 YNEZ AT MOTOR CAR PARKWAY POTHOLE 1 TEMP AC 07/31/08 MARGARITA ATSTONEWOOD POTHOLE 1 TEMP AC 07/31/08 MARGARITA AT RANCHO VISTA R & R A.C. 355 14.48 TOTAL S.F. OF REPAIRS 2.873 TOTAL TONS 73 R:4~IAINPAIN~WKCMPLTD4ISPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JULY, 2008 #' h uz,: DAuTE;~s 07/07/08 ~3 ~,i~~j' „„;~/~ }JA~~ fq~-0~?b}~°Nn ~.%K~~~$~ 2;+d ,u ~ ;~~,' , ;*~,,~,, ,5~`',~C~?IONt ~,~ . ~ 5.~.~h:,,; CITYWIDE ~ r ~J.] Pi~'~ t~X'I # .~^~~v 1_ ~ ~., ~ ~,C~Q CLEANED & CHECKED q I)p~~~be~^4 M1 l&~,~ ~~ ~P,v.,z~k1,p~ ~!i t~~',~,~,~~~. 20 CATCH BASINS 07/08/08 OLD TOWN CLEANED & CHECKED 2 CATCH BASINS 07/09/08 AREA #5 CLEANED & CHECKED 21 CATCH BASINS 07/10/08 AREA #5 CLEANED & CHECKED 20 CATCH BASINS 07/14/08 AREA #5 CLEANED & CHECKED 22 CATCH BASINS 07/15/08 AREA #5 CLEANED & CHECKED 12 CATCH BASINS 07/16/08 AREA #5 CLEANED & CHECKED 10 CATCH BASINS 07/18/08 33033 TULLEY RANCH ROAD CLEANED & CHECKED 1 CATCH BASINS 07/21/08 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS 07/22/08 AREA #5 CLEANED & CHECKED 31 CATCH BASINS 07/23/08 AREA #5 CLEANED & CHECKED 17 CATCH BASINS 07/24/08 JEFFERSON AT WINCHESTER CLEANED & CHECKED 2 CATCH BASINS 07/24/08 RANCHO CALIFORNIA BRIDGE (CLEANED GRATES) CLEANED & CHECKED 4 CATCH BASINS 07/24/08 OVERLAND BRIDGE (CLEANED GRATES) CLEANED & CHECKED 4 CATCH BASINS 07/25/08 MARGARITA AT AVENIDA SONOMA CLEANED & CHECKED 1 CATCH BASINS 07/25/08 29792, 29806, 29886 VIA PUESTA DEL SOL CLEANED & CHECKED 3 CATCH BASINS 07/25/08 AREA #5 CLEANED & CHECKED 1 CATCH BASINS 07/28/08 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS 07/31/08 29792, 29886 VIA PUESTA DEL SOL CLEANED & CHECKED 2 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 203 R\MAATCAINWKCh]PLETD\CATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JULY, 2008 .: d'~Y~x cDATE `` !'M 07/01/08 d .t,~.. 3 F 1 ~r> c"'~:r ~'V'2 k / .~'/t .~ T.C 3 ~}[UV". Cn` ~~ ~ `~ `~; ~~OCi~T~OO N > ~''' ~ ~ :1' ' ~ .^v.~m e. ,.. xxu ...,wy }a <n0.SV ~. r+~2. ~e" ~` 1.r4~ I-15 FREEWAY SOUTH OF TEMECULA PARKWAY ~s ~ OR'K`COMPLE , ~ d Y~ ~t~i ~ D REMOVED 84 S. F. OF GRAFFITI 07/01/08 VAIL RANCH AREA REMOVED 42 S.F. OF GRAFFITI 07/01/08 NIGHTHAWK PASS REMOVED 324 S.F. OF GRAFFITI 07/02/08 MARGARITA AT TUSCANY RIDGE APARTMENTS REMOVED 16 S.F. OF GRAFFITI 07/03/08 YNEZ AT PREECE REMOVED 15 S.F. OF GRAFFITI 07/07/08 REDHAWK /VAIL RANCH AREAS REMOVED 471 S.F. OF GRAFFITI 07/08/08 SANTA GERTRUDIS CREEK REMOVED 320 S. F. OF GRAFFITI 07/09/08 39577 SARAH DRIVE REMOVED 16 S.F. OF GRAFFITI 07/09/08 ROMANCE AT PUFFIN REMOVED 90 S.F. OF GRAFFITI 07/10/08 SHARON STREET REMOVED 14 S.F. OF GRAFFITI 07/11/08 ROMANCE AT JANE PLACE REMOVED 21 S.F. OF GRAFFITI 07/14/08 TESBIAN AT LOMA LINDA REMOVED 28 S.F. OF GRAFFITI 07/14/08 WINCHESTER AT SANTA GERTRUDIS REMOVED 34 S.F. OF GRAFFITI 07/17/08 AREA #5 REMOVED 32 S.F. OF GRAFFITI 07/18/08 RAINBOW CANYON AREAS REMOVED 171 S.F. OF GRAFFITI 07/21/08 VAIL AT TEHACHAPI REMOVED 1 S.F. OF GRAFFITI 07/21/08 AVENIDA DE MISSIONES REMOVED 20 S.F. OF GRAFFITI 07/21/08 PALENCAAT-PARALLON REMOVED 4 S.F.OFGRAFFITI 07/21/08 VAIL RANCH AT VIA PUESTA DEL SOL REMOVED 1 S.F. OF GRAFFITI 07/21/08 TOWER PLAZA REMOVED 10 S.F. OF GRAFFITI 07/21/08 PAUBA AT VIA DENADA REMOVED 5 S.F. OF GRAFFITI 07/21/08 YNEZ AT COUNTY CENTER REMOVED 1 S.F. OF GRAFFITI 07/21/08 WINCHESTER BRIDGE REMOVED 635 S.F. OF GRAFFITI 07/21/08 31783 LOMA LINDA REMOVED 2 S.F. OF GRAFFITI 07/21/08 PEPPERCORN AT DEER HOLLOW REMOVED 3 S.F. OF GRAFFITI 07/22/08 SAN JOSE AT VIA SALTIO REMOVED 3 S.F. OF GRAFFITI 07/22/08 VAIL RANCH AREA REMOVED 20 S.F. OF GRAFFITI A:UMINTAIMWKCMPLTD\GRAFPITI\ 3..,~`*~~ll' " ~ ~° ~~ M ° ~ `"'~ ~+i r ^'~~"~ `~ p~~ 1~ ~ r:~. "~ l~ ~~ ~ a d ~t . r 4~.. ~. C~TigN . ~ ~ 4, ? ~ ~' ~ `'~~,, z ,.~. ~~i ' l 3 . , s_' K ~ s~W n ~ r,~.~~ r ~~' vn~' ~ k ORKCIVIPLE~FD ,~,. 07/23/08 RANCHO VISTA AT CALLE RIO VISTA REMOVED 60 S.F. OF GRAFFITI 07/24/08 BUTTERFIELDATWELTON REMOVED 3 S. F. OF GRAFFITI 07/24/08 FERMOCOURTATBUTTERFIELD REMOVED 15 S. F. OF GRAFFITI 07/24/08 BUTTERFIELDATCROWN REMOVED 1 S. F. OF GRAFFITI 07/24/08 DEER HOLLOW AT PERALES REMOVED 30 S.F. OF GRAFFITI 07/24/08 PERALES STREET REMOVED 12 S.F.OFGRAFFITI 07/24/08 VIA LA COLORADA REMOVED 4 S. F. OF GRAFFITI 07/25/08 VIA EDUARDO REMOVED 594 S.F. OF GRAFFITI 07/28/08 1ST AT PUJOL REMOVED 3 S.F. OF GRAFFITI 07/28/08 AVENIDA DE MISSIONES REMOVED" 27 S.F. OF GRAFFITI 08/28/08 NO. GENERAL KEARNY BRIDGE REMOVED 200 S.F. OF GRAFFITI 07/28/08 CITYWIDE REMOVED 468 S. F. OF GRAFFITI 07/29/08 REDHAWKBRIDGE REMOVED 50 S. F. OF GRAFFITI 07/29/08 VIA EDUARDO REMOVED 35 S.F. OF GRAFFITI 07/30/08 45425 MASTERS REMOVED 20 S.F. OF GRAFFITI 07/30/08 LOMA LINDA AT PECHANGA REMOVED 175 S.F. OF GRAFFITI 07/31/08 CITYWIDE REMOVED 107 S.F.OFGRAFFITI TOTAL S.F. GRAFFITI REMOVED 4.187 TOTAL LOCATIONS 44 R:\MAINTAIMV/KCMPLTD\GRAFFTTI\ W l ' r O Nr"~, V V1 O ru~ 1~ O l ' W ~--1 a w A 5O ~1 rT~ r ~I` ~/ N U W D Z F- U O F- a W N t9 7 Q LL ~ ~ W fn Z 7 Q J_ Q m W LL u 0000 0000000000 000000 000000 0000 0000000000 000000 000000 0000 000000 0000 000000 000000 rOPIC>MrOPMMrOf~lnMr WPNMr01h NMr ~~d'd'd'~MMMMMNNN NNrrrrr CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JULY, 2008 ;DATE ' t'~~ '~s a,~ a ~~]L ~i ~ *?~_~ f ~ z ~~ ~ 'y s ~w .. ~,~ ..,.OC IsI~ON,; .a ?~,r , : ~<,~ , . _ , ~~L ~ .,.~. , WO '~~ 1 ~ , a, f . R ~ COMPLETED 07/02/08 MARGARITA AT SOLANA AREA TRIMMED 15 R.O.W. TREES 07/09/08 LA PAZ AT YNEZ TRIMMED 3 R.O.W. TREES 07/10/08 OLD KENT ROAD TRIMMED 2 R.O.W. TREES 07/15/08 VIA RAZO TRIMMED 2 R.O.W. TREES 07/17/08 RANCHO VISTA / PAUBA TRIMMED 12 R.O.W. TREES 07/21/08 JERONIMO AT VIA EDUARDO TRIMMED 1 R.O.W. TREES 07/25/08 RORIPAUGH TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 37 R:4WilNTAIM W RKCOMPLTD\TRP,ES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JULY, 2008 DATE;, ' RECD ~ ', ; ~~ ~;~~~: LOCATION < ~" ~ ~ . r, REQf~JEST ,<x .~. 3. DATE WORK. COMPLETED` ; 07/01/08 30756 SKY TERRACE DRIVE TREE TRIMMING 07/01/08 07/01/08 AVENIDA BUENA SUERTE SAND IN STREET 07/01/08 07/01/08 45477 MASTERS DRIVE P.C.C. REPAIRS 07/01/08 07/02/08 MERLOT CREST DEBRIS PICK-UP 07/02/08 07/02/08 RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE DEBRIS PICK-UP 07/02/08 07/02/08 MARGARITA AT PIO PICO DEBRIS PICK-UP 07/02/08 07/03/08 ESMERADO COURT TREE DOWN 07/03/08 07/09/08 30475 DEL REY POTHOLE 07/09/08 07//09/08 45630 RAINBOW CANYON ROAD TREE TRIMMING 07/09/08 07/12/08 PUJOL STREET SOUTH OF 1ST STREET DEBRIS PICK-UP 07/12/08 07/14/08 VIA PUESTA DEL SOL CRACKS IN STREET 07/14/08 07/15/08 30116 SANTA CECELIA TREE REMOVAL 07/15/08 07/16/08 ROYAL BIRKDALE SIGN DOWN 07/16/08 07/17/08 33033 TULLEY RANCH ROAD CLEAN CATCH BASINS 07/18/08 07/17/08 33033 TULLEY RANCH ROAD DEAD TREE 07/22/08 07/21/08 WOLF VALLEY AT CAMINO ROSALES DEBRIS PICK-UP 07/22/08 07/21/08 31088 LAHONTAN STREET SPRINKLER REPAIR 07/27/08 07/22/08 RANCHO CALIFORNIA ROAD CITY LIMITS (WEST SIDE) POTHOLES 07/23/08 07/23/08 VIA PUESTA DEL SOL (ALEXANDRA BERRY) CRACKS IN ROAD 07/23/08 07/22/08 TRAFFIC S.O.R. FOR VIA MONTEZUMA INSTALL RED CURB 07/24/08 07/22/08 31920 PASOS PLACE TREES 07/24/08 07/23/08 VIA PUESTA DEL SOL CATCH BASINS 07/25/08 07/23/08 MARGARITA AT AVENIDA SONOMA CATCH BASIN 07/25/08 07/24/08 RORIPAUGH AT SIENA COURT TREES 07/25/08 07/25/08 30600 SANTIAGO ROAD WASHOUT 0728/08 07/25/08 NIGHTHAWK PASS AT VAIL RANCH PARKWAY WEEDS 07/28/08 07/25/08 30600 SANTIAGO ROAD WASHOUT 07/30/08 R:UfAINTA[MWRKCOMPLTDVSORS\ 07/25/08 YNEZ AT ABBOTT POTHOLE 07/28/08 07/28/08 32543 VALENTINO WAY WATER LEAK p7/2g/pg 07/28/08 31402 PENNANT CATCH BASIN 07/28/08 07/29/08 31292 LOCUST COURT _ BROKEN SPRINKLER 07/30/08 07/29/08 45800 CLASSIC WAY TREE 07/30/08 07/29/08 42347 COUTE VILLAGA TREE 07/30/08 07/30/08 29792 & 29886 VIA PUESTA DEL SOL CATCH BASIN 07/30/08 TOTAL SERVICE ORDER REQUESTS 34 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JULY, 2008 ~ uDAT~' 07/01/08 t xq~~t~ L>OCiT1iON~r~", X CITYWIDE ~ :~ ~ k~ REPLACED ~ ~'.O ~f MPLETED s "; `, 13 REPAIRED 14 07/02/08 CITYWIDE REPLACED 3 REPAIRED 20 07/03/08 RYCREST INSTALLED 3 R-1-1 07/03/08 CITYWIDE REPLACED 4 REPAIRED 13 07/07/08 CITYWIDE REPLACED 1 REPAIRED 8 07/08/08 RANCHO COMMUNITY CHURCH INSTALLED 4 D4-2 07/10/08 CITYWIDE REPLACED 12 REPAIRED 10 07/11/08 CITYWIDE REPLACED 2 07/14/08 CITYWIDE REPLACED 11 REPAIRED 3 07/15/08 CITYWIDE REPLACED 11 REPAIRED 25 07/16/08 CITYWIDE REPLACED 3 07/16/08. RANCHO PUEBLA INSTALLED D4-1 07/17/08 CITYWIDE REPLACED 15 07/18/08 DIAZ ROAD REPLACED 6 DELINEATORS 07/22/08 SAN JOSE AT VIA SALTIO REPAIRED R-1 07/22/08 SAN JOSE AT VIA SALTIO REPAIRED R1-4 07/22/08 CORTE EL DORADO AT SAN JOSE REPAIRED R-1 07/22/08 CORTE EL DORADO AT SAN JOSE REPAIRED R1-4 07/22/08 CORTE BONILLA AT CAMINO SAN JOSE REPLACED R-1 07/22/08. VAIL RANCH AT CAMINO RUBARO REPAIR R4-7 7/22/08 CAMINO PIEDRA ROJA AT VAIL RANCH REPAIR Ri-4 07/22/08 CAMINO PIEDRA ROJA AT VAIL RANCH REPAIR Ri-1 07/22/08 DORCHESTER AT CHANNEL REPAIRED R1-1 07/22/08 DORCHESTER AT CHANNEL REPLACED R2-25 R:\MAINTA-J\WKCMPLTD\SIGNS\ DATF~ `~~: ~h p t, SKI 2~F:'~ ~ L~"mCATION ~ ~ '~.`~?~F ra h.~z. .a s. k,. ~ t"$ 'e' n _ `; ~~ ~;~ f ~ ~l A~^: 1' I ~'O~CQIVIPX,ETED 07/22/08 MANCHESTER CHANNEL REPLACED R1-1 07/22/08 WELTON AT BUTTERFIELD REPAIR R1-4 07/22/08 VAIL RANCH AT CUTCHOGUE DRIVE REPAIR R4-7 07/22/08 VAIL RANCH AT UNION REPAIR R1-1 07/22/08 VAIL RANCH AT NICLYN REPAIR R7-9 07/22/08 VAIL RANCH AT VALENTINO REPAIR Ri-1 07/22/08 MARGARITA AT DARTOLO ROAD REPLACED R4-7 07/22/08 MARGARITA AT TEMECULA PARKWAY REPLACED R4-7 07/22/08 REDHAWK AT WOLF STORE REPAIR R4-7 07/22/08 REDHAWK AT WOLF STORE REPAIR R4-7 07/22/08 REDHAWK AT WOLF STORE REPAIR R4-7 07/22/08 REDHAWK AT WOLF STORE REPLACED R4-7 07/22/08 REDHAWK AT WOLF STORE REPAIR TYPE K 07/22/08 VIA SALTIO AT VIA CORDOBA REPAIR R3-1 07/22/08 MASTERS AT PECHANGA REPAIR R1-1 07/22/08 CLUBHOUSE AT CREEKSIDE REPAIR Ri-1 07/22/08 CLUBHOUSE AT BAY HILL REPAIR SNS 07/22/08 OLYMPIC AT BAY HILL REPAIR R1-1 07/22/08 DIAZ AT RANCHO CALIFORNIA ROAD REPAIR 2 DELINEATORS 07/23/08 FERMO COURT AT SUNNYMEADOWS REPLACED 2 R4-7 07/23/08 CAMPO AT C ALLE PORTOFINO REPLACED 1 Ri-1 07/23/08 CAMPO AT CALLE PORTOFINO REPLACED R1-4 07/23/08 CAMPO AT CALLE PORTOFINO REPAIRED Ri-4 07/23/08 CAMPO AT ANGELO REPAIR 2 SNS 07/23/08 RANCHO VISTA AT CALLE RIO VISTA REPAIR Ri-1 AND SNS 07/23/08 MEADOWS AT COUTE ILLORA REPLACED R1-1 07/23/08 MODENA AT SAN MARCO REPLACED R4-7 07/23/08 SUNNYMEADOW AT SAN MARCO REPLACED R4-7 07/23/08 SUNNYMEADOW AT SAN MARCO REPLACED R1-1 07/23/08 CAMINO NUNEZ AT CORTE FLORICITA REPLACED R1-1 07/23/08 VIA VISTINA AT COUTE CANEL REPAIR R1-1 ~^" D~~I'E 07/25/08 3 / "' 'w' ~9-f'`G~ '' N t^ Y£f ~ Y ~~«~~z .~ L®CAT a t r~.,. ~ ~~ CITYWIDE ~ ~a ~Y `'4' 'r '~~ ~~,'~~ ~,~F, REPAIRED 'f,. ~` I 4 2~ii Y` 5 "Y v :O 3 ~NTP ~~~D"x`~~~~'7 i 11 SIGNS 07/25/08 CAMINO SAN DIMAS AT VIA LA COLORADA REPLACED R1-1 07/25/08 REDHAWK PARKWAY AT OVERLAND TRAIL REPLACED 5 DELINEATORS 07/28/08 CITYWIDE REPAIRED 9 SIGNS 07/28/08 CITYWIDE REPAIRED 16 SIGNS 07/28/08 MEADOWS PARKWAY AT ROYAL BIRKSDALE REPLACED 4 07/28/08 RANCHO CALIFORNIA ROAD AT MORAGA REPLACE 1 07/29/08 CITYWIDE REPAIRED 1 07/30/08 VIA AZALEA AND CORTE CASTRO REPLACE 1 07/30/08 CORTE CASTRO AND CORTE VILLAGO REPLACE 1 07/30/08 CORTE MENDOZA AT CORTE ROMO REPAIR 1 07/31/08 PASEO GALLANTE AT ZARAGOSA REPAIR 1 REPLACE 1 07/31/08 SOLANA AT DEL REY REPLACE 1 TOTAL SIGNS REPLACED 119 TOTAL SIGNS INSTALLED 7 TOTAL SIGNS REPAIRED 152 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS /STRIPING MONTH OF JULY, 2008 J~)'A~T`E ,r. 07/03/08 ~K ~ ~, ~} ,~~0 ~C~~``i;ION~ ~ v~ ~ ~ e~..:>,kr~ .:xxm,.~~.~,Y ,w ez e; n<s~r.4~~... „: RYCREST ~ ~'a" `~WO' ,vr ,.Pr ;e ,. ~.,e INSTALLED Y RK~C~b~N~LE'~~D`~~ ;r..~e,~.;o,~.,,. r, m~. 4 LEGENDS 07/07/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 53 LEGENDS 07/08/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 50 LEGENDS 07/09/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 72 LEGENDS 07/10/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 67 LEGENDS 07/14/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 52 LEGENDS 07/15/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 66 LEGENDS 07/16/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 52 LEGENDS OZ/17/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 39 LEGENDS 07/21/08 MAJOR INTERSECTIONS CITYWIDE REPAINTED 19 LEGENDS 07/25/08 AREA #5 REPAINTED 27 LEGENDS 07/24/08 28696 VIA MONTE INSTALLED 75 SO. FT. RED CURB 07/24/08 SCHOOL LEGENDS CITYWIDE REPAINTED 14 LEGENDS 07/28/08 AREAS #5, #1 REPAINTED 32 LEGENDS 07/29/08 AREA#2 REPAINTED 26 LEGENDS 07/29/08 AREA #2 REPAINTED 85 FEET OF CURB 07/29/08 AREA #2 REPAINTED 30 LN. FT. 07/30/08 AREAS #3 AND #4 REPAINTED 16 LEGENDS 07/30/08. AREAS #3 AND #4 REPAINTED 1,242 LN. FT. 07/31/08. AREAS #3 AND #4 REPAINTED 8 LEGENDS TOTAL NEW & REPAINTED LEGENDS 597 NEW & REPAINTED RED CURB & STRIPING L.F. 790 GITY OF TEMEGULA PAGE 1 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAim (~) PROJECTS UNDER CONSTRUCTION Raripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed Tovey Shultz Construction, Inc. $3,298,000 when the utilities are completed with the City's undertaking of this work -estimated In June PW03-01 I Approved Change Orders $212,768.24 David 97°I° 93% of 2009. In addition, a f ire engine/truck venting system (requested/added on 2/06} will be McBride (6109) installed when the Contractor is re-mobilized, this cost is also included in the approved change order total. Temecula Education Center Rough Grading This project will provide for the grading of the old Temecula Education Center site. All work Contractor: Yeager 5kanska, Inc. $3,155,810 100% was completed on March 28, 2007. NPDES work on the site was completed in March of and Approved/ Pending Change Orders of D id original work ° 100 / i i l 2008. Additional work is planned to restore the RCW D site permanently and to make the PW06-43 I $2,590,602.30 av 100%CCO#1 ° or g na site easier to maintain NPDES compliance is estimated to start in July of 2008. NPDES McBride work Next 100% CCO#1 maintenance will be an ongoing e~ense. Phase (9108} Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails along Murrieta Creek Contractor: IAC Engineering, Inc. 1,308,148.48 between Rancho California Road and Diaz Road. On the north side of the project, Laura Bragg! 70°!° ° the contractor has completed the grading, the installation of the mainline irrigation, PW01-27 I Amer Attar (101x8) 50 /° the mow curb, the DG and the AC. They are working on the irrigation laterals. On the south side, the contractor has completed the grading and is almost done installing the irrigation mainline. Soil quality issues are being looked into. Traffic Signal -Rancho California Road @ Under this project, a traffic signal will be installed on Rancho California Road at Business PW07-02 I Business Park Drive, West Amer Attar 100% gg% Park West. All work on this project is complete. The signal was turned on on Tuesday Contractor: Ramilan Electric, $179,000 (02108 } 02/26/08. We are working with the contractor to close out this contract. Old Tawn Infrastructure Project -Town Square This project includes the construction of the Town Square and street improvements on and Mercedes & Main Street Improvements Mercedes & Main Streets. On March 18, 2008, the City Council awarded the construction PW06-47 I Contractor: LH En ineerin David 33% ° 4 /° contract L H En ineerin Cam an Inc for$3,456,495.00. Work is on oin on storm 9 g P Y~ g g (1 C & 1 E) Contract Amt: $3, 58,495 d0 McBride (12108) drains, sewer, water systems and the Tawn Square. Old Tawn Infrastructure Projects This project will effectively underground all overhead utility lines along Old Tawn Front - Underground Utility District Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek & Mercedes PW06-07 I Contractor: Herman Weissker, Inc. David 33°f° 0% Street between 2nd and 6th streets. Herman Weissker was awarded the work at the (1 B) Contract Amt: $129,077.99 McBride (8/08) 3/18/08, City Council Meeting. Work is currently underway along Main Street. Citywide Concrete Repairs FY 2007-08 Contract work was completed on June 24,2008. The City Council accepted the project as Contractor: International Pavement Solutions, Kendra complete at the July 22, 2008, City Council meeting. PW08-01 I Inc. Hannah- 100% 100°/° Contract Amount: $82,969.00 Meistrell (06108) Approved Change Order #1: $20,733.00 Citywide Slurry Seal Project FY 2007-2008 Kendra This project will slurry seal streets mainly in the Paloma del Sol area. Contract was PW08-42 I Contractor: All American Asphalt Hannah- 50% 0% awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction Contract Amount: $361,199.88 Meistrell (08108) meeting was held on 05/29/2008. Construction began on 06/30/08. W P5~81408 GITY OF TEMEGULA PAGE 2 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) Roller Hockey Rink This project will replace the boards at the existing Roller Hockey Rink. The dasher board Dasher Board System system has been Installed and the rink was resurfaced. The contractor (YAKAR) has PW07-12 YAKAR Construction Bill 95°!a WA ordered approximately 120 additional anchor bolts for the dasher board system that Building Contract Amount $178,350.00 McAteer and Safety has determined are necessary to meet the wind load requirements of the Building Code. These will be installed the week of 8/18/08 Pechanga Parkway Phase II Street This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Improvements from Temecula Parkway to City Pechanga Road. Construction began on July 7, 2008. Construction items that will occur Limits @Pechanga Road. during the month of August is as follows: grading, curb and gutter, catch basins, storm PW99-11 Contractor: All American Asphalt Steve drain, pavement, aggregate base, and traffic signals. The traffic signal at Muirfield Drive will (Ph II} I Contract Amount: $8,131,964.98 Beswick/ 13°la 0% be removed during the week of August 18. The new traff is signal at Muirf field Drive is Amer Attar scheduled to be installed during the month of November. The final section of the Pechanga Tribe's Recycled Waterline project between Lama Linda Road and Rainbow Canyon Road started on July 14 and will be complete by November 1. Old Town Infrastructure Projects This project involves demolishing the existing non-historic structures on the City owned -Site Demolition and Site Prep Bi I I parcels at the intersection Main and Mercedes to make way far the Main Street PW06-07 I Contractor: Addison Equipment Rental McAteer/ 100% gg% Realignment and the Old Town Parking Structure. This project is complete. The City (1 A) Contract Amount: $49,995 David (06108 } Council accepted the project as complete at the July 22, 2006, City Council meeting. Approved Change Orders: $6,979.83 McBride Old Tawn Infrastructure Projects This project includes the construction of a parking structure, including office frontage as -Parking Structure & Office/Retail frontage part of phase 1 of Old Town Civic Center project. The project is being advertised for PW06-07 Mayra De La ° 140 /a construction bids. RFI are coming in. Bids open an 8/19/8. Addendum 1 went out 8/6/08. (1D) I Torre/Greg (7108) 75°la Two Encroachment Permit a lications for retainin wall & 5D are under review with PP ~ ( g ? Butler Caltrans. The Underground Fire Protection plan is pending RCWD approval. The project is anticipated to be awarded on August 26, 2008. Old Tawn Civic Center Phase 2 Under this project the design and construction documents for Phase II of the Civic Center PW06-07 Schematic design, design Development and 1000!, Project will be developed. The project is being advertised for construction bids. Bids open on Ph2 I Construction Document far phase two of the Greg Butler (8108} 55% 9/3/08. 19 General contractors were pre-qualified. Award of contract is anticipated an 9/9/8. Civic Center Project PROJECTS BEING DESIGNED BY CONSULTANTS Pechanga Parkway Storm Drain Improvements - Thls project includes the construction of new wetlands for the Wolf Valley Creek Channel Environmental Mitigation Improvements-Stage I. The wetlands will be created through the construction of new Consultants: Community Works Design Steve landscape and irrigation systems. The site is located along the north bank of Temecula PW99-11EM $29,840 Beswick( Creek (within flood-plain/way areas). The environmental regulatory agencies have approved I Mayra De La 95 /a ° 95% this new mitigation area. Mylars are currently ready for signature. The contract bid Torre document was prepared, reviewed, and is being revised to incorporate the f final corrections. The appraisal far three easements is now complete; offers for purchase of the property were made. Murrieta Creek Bridge and Overland Drive The project includes the extension of Overland Drive from Commerce Center drive to Diaz Extension from Commerce Center to Diaz Rd Steve Road with a bridge over Murrieta Creek. Coordination with RCFC& WCD and U.S. Army PW00-26 I Consultant: Project Design Consultants Beswick/ 74% 70% Corps of Engineers is required. The exkra work authorization to complete the 100% design Contract: $466,940 Mayra De La submittal has been signed. The consultant has started the f final design and a design Torre meeting will be scheduled to ga over the final requirements of the project. W P5Q81408 GITY OF TEMEGULA PAGE 3 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRr1CT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge aver Murrieta Creek. Design (Replacement} consultant 51mon Wong Engineering (5W E} and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03-45 I Amendment Na. 1: Contract term extension Jan Salazar/ 50% ° 63 /° (Phase 3) im rovement ro ect. Environmental consultant EDAW has cam leted biolo ical field p P 1 P g Amendment Na 2: Contract term extension Amer Attar 1109 ( ) studies, and has submitted for staff review the Natural Environment Study Report, the Amendment No. 3: $322,305 Historic Property Survey Report, and the Jurisdictional Delineation Report for Waters of the U.S. SWE submitted 90% P5&E an 7/14/08, which are also currently under staff review. 100% P5&E anticipated in September, 2008. Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' ped/bike bridge aver Santa Creek Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a Consultant: Nolte Associates NEPA document. Preliminary Environmental Study (PES}farm is to be submitted to PW05-11 f Contract Amount: $132,807 Jan Salazar/ 45% 29% Caltrans within the next month. Coordination between the City and Rancho California Amer Attar (10109) Water district to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. Staff review comments an 30% plans were returned to the design consultant an 6/19/08; 60% submittal is anticipated by the end of August. Ronald Reagan Sports Park Channel Silt This project includes restoring the Best Management Practices (BMP} of the 5tarmwater Removal & Desiltation Pond Pollution Prevention Plan (SWPPP}, the Water Quality Management Plan (WQMP) and the Env. Consultant: BanTerra Consulting William requirement of RWOCB by desilting the basin located near the Sports Park. Staff is PWO§-13 I -Contract: $67,340 Becerra 95°!° 98% reviewing 90% design submittal. 401 Certification has been received and the 5treambed -Amendment No.i: $25,520 Alteration Agreement is expected shortly. Final negotiation with USF&WS and CDFG for Amendment Na. 2: $10,950 mitigation requirements is pending. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge Consultant: TYLIN International over Murrieta Creek at the westerly terminus of Temecula Parkway (795} and an extension Contract Amt: $378,776.20 William 30% of Pujal Street to the new structure. Once constructed, this will serve as the southerly PWt16-04 I Becerra (TBD) 23% connection of the Western Bypass Corridor. Staff has received an amended proposal for the design. The proposal received City Council Approval on June 24, 2008 and work is restarted. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Consultant :Meyer and Associates Community Center to accommodate more human services programs. Comments have been Original contract: $138,880.00 received from the EDA and the project has been cleared to go to bid. The plans and PW06- ill Amendment#1: $70,052.50 Bill McAteer 99% 90% specifications are prepared for bid advertisement. The project will be bid for thirty days. The 05CSD (07108) project cost estimate is $1,500,00. The plans for the Escallier House and barn are being revised to re route the accessible path of travel to the front of the buildings. Redhawk Park Improvements This project will add amenities to four park sites in the recently annexed Redhawk area. Consultant: RJM design Group, Inc. Due to budgetary restraints, the construction was divided into phases over a number of Contract Amount: $164,574 years. At the December 11, 2007 meeting, the City Council approved an agreement with Kendra 30% RJM for the construction drawings of the chosen amenities, which include a half court PW06-06 I Hannah- (12108) '% basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a Meistrell seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held on 02/05/06. The preparation of the construction drawings continues. W P5~81408 GITY OF TEMEGULA PAGE 4 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) Temecula Park and Ride (79 South} This project will design and construct a park and ride facility on Temecula Parkway Design Development AAE, Inc. (formerly 79 South} at La Paz. The project is still on hold pending TCSD and Planning PW06-09 1 Contract amount $109,085 Bill McAteer 7g% 7g% review. The new City Ordinance has been forwarded to the design consultant far his review. Amendment #1 $20,500 It is anticipated that the landscape design will change to adopt these new measures. De Portala Road Pavement Rehabilitation Project This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to (from Jedediah Smith to Margarita} Margarita Rd. This is a federally funded project. The Environmental Document (Categorical Consultant: GFB-Friedrich & Assoc, Inc. Jon Salazar/ 95% Exclusion} was approved by Calkrans on August 8, 2007. Design consultant submitted 90% PW06-10 I Contract Amount: $146,100 Amer Attar (SI08) 67% plans on 5/28/08; 100% PS&E submittal is expected by the end of August. Request far Approved EWAs: #1, $11,500.00 Federal construction authorization was submitted on 6/24/2008; approval is anticipated by mid-September. Pechanga Pkwy-Dual Right Turn Lanes from This project includes the design and construction of two right-turn lanes on eastbound Temecula Parkway (R79S} Steve Temecula Parkway to southbound Pechanga Parkway. The project includes the widening of Consultant: Cozad & Fox Beswickl Temecula Parkway at Pechanga Parkway & relocation of traffic signal poles. 100%design PW46-11 I Contract: $29,010 Mayra De La 100% 99% plans are complete. The City is in the process of purchasing the required right of way. Once Torre the needed right of way is acquired, construction will be scheduled. Santiago Detention Basin Steve This project includes the design and construction of a detention basin. The proposed Consultant: Kimley Horn BeswicklMa 9g% detention basin (1 acre in size} is located on the south side of Santiago Rd between Vallejo PW06-12 i Contract: $65,250 yra De La (e/aa) 95% Ave and Orsmby Rd. 100% design plans have been reviewed and minor comments will be Torre provided to the consultant far incorporation into the plans. Pavement Rehab - STPL Project This project will rehabilitate Rancho California Road from Ynez Rd. to the City limits on the Consultant: Harris & Associates Kavan east. Consultant is working on the 100% design package. The City received the signed PW06-14 I Agreement Amount: $ Haghighi/ 99% 99% PES farm and the Categorical Exclusion (CE}from Caltrans. The request far Federal Approved EWA's: $ David construction authorization was submitted on June 24, 2008. The project will go to McBride construction in late 2008. Winchester Road 1 State Route 79 North -North This federally funded project will design and construct landscaping and irrigation Corridor Beautification Consultant: Kavon enhancements to the existing raised medians along W inchester Raad between Ynez Road RBF Haghighi) ° ° and the easterly City limits. The consultant is working on the 100% design package. The PW06-15 I Agreement Amount: $ David 99 /° 99 /° City received the signed PES form and the Categorical Exclusion (CE}from Caltrans. The Approved EWA's: $ McBride Ciky has received approval from RCWD for the inskailation of the recycled waterline. W P5t)81408 GITY OF TEMEGULA PAGE 5 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.AIV'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) French Valley Parkway /Interstate 15 Over- City continued design work. Status is as follows: Crossing and Interchange Improvements -Phase > P5&E -Consultant is preparing 95% plans (retaining walls and landscape/irrigation}. 1 (P5&E} > Type Selection far Retaining Walls -Approved November 2007. Consultant: Moffatt & Nichol > 1st Intermediate PS&E Retaining Walls -Under Caltrans review. Amend. No. 1: $ 507,881.00 > Right of Way -Establishing limits of dedication. Discussions are continuing with owners Amend. No. 4: $ 632,058.00 of affected parcels within Phase 1 work. Amend. No. 8: $1,087,300.00 William > Declaration of Units -Caltrans Approved Metric Exception for this phase. PW07-04 I Notes: Becerra/ fi0% 57% > Utilities -Updated pothole plans have been reviewed by Caltrans. Encroachment permits > Amend. Nos. 1, 4, & 8 amend original Avlin Odviarl (05110 } are being sought. agreement under PW02-11. Amer Attar > Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and > Amendment amounts represent portion IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. appropriated for PW07-04. Other: > Maintenance Agreement -City preparing exhibit for f first draft. Old Town Gymnasium Design of the approximately 9,000 square fact gymnasium adjacent the Bays & Consultant: WLC Architects Bill McAteer/ Girls Club on Pujol Street. This project is on-hold until we can acquire the property PW07- ll Contract Amount: $307,390.00 David ° 0 /° WA required far construction. 05CSD McBride (09108 } A meeting is scheduled far 8/19/08 to discuss measures that can move this project forward. Re-Stripe Route 79 South to 8 lanes from This project will provide four lanes in each direction on Temecula Parkway (formerly State Pechanga Parkway to I-15 Kendra Route 79 South} from I-15 to Pechanga Parkway. Design plans are complete. City Council PW07-08 I Consultant: J M Diaz, Inc. Hannah- 100% 90% authorized going out to hid on 8/12/08. Construction will be coordinated with the Pechanga Contract Amount: $5,500.00 Meistrell Parkway Dual Right Turn Lanes from Temecula Parkway, Project No. PW06-11. Pavement Management System Update Thls project will update the City's Pavement Management System far the years 2008-2013. Consultant: Willdan Kavon The Council approved an agreement with Wildan on March 1 Bth. The Notice to Proceed Agreement Amount: $ Haghighi/ 5% was issued to the consultant in May. The City forwarded all requested information to PVI/07-11 I David (10108) ° 5 /° Willdan to initiate the project. The consultant has started the f field rating process. City will McBride provide information about the new streets which were not included in the last PMS to the consultant. PROJECTS BEING DESIGNED BY STAFF Localized Storm Drain Improvements Thls project will fixthe drainage problem at the south end of Front Street (at the MWD PW04-02 II WA easement}. Baseline right of way, utilities, and mapping are established. This project is (N!A) currently on hold. Long Canyon Detention Basin -Access Road Plans and specif ications are 90% complete. City is seeking FEMA funds to remove excess PW04-07 I ??????? ° 0 /° N!A silt deposited within the basin before constructing the access road. Project is on hold ( } until FEMA determination is finalized. PROJECTS IN THE PLANNING STAGE W P5~81408 GITY OF TEMEGULA PAGE 6 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT NO. PRIORITY PROJECTN.411'IE, DESCRIPTION CONTRACTOR & CONTRACT $'s PROJECT ENGINEER ~7o TIME COLVIPLETE (Esu a~~Pinaaam~ `~~' CONTRACT PAId (~) CURRENT STATUS & PROGRESS I-15 / SR 79S Ultimate Interchange City continued development of design geametrics, technical studies, and reporks. Status is Project Report (PR} as follows: Consultant: RBF Consulting > Draft Project Report -Approved January 2008. Contract Amount: $ 325,944.00 > Project Report -Under Caltrans review. Amendment Na. 1: 98,196.00 > Advisory Design Exceptions -Approved Oct 2006. Extra Work Auth. No. 1: 13,426.00 > Mandatary Design Exceptions -Approved Oct 2006. Extra Work Auth. No. 2: 17,732.00 > Stormwater Data Repork -Under Caltrans review. (Extra Work Auth. Na. 3: 18,428.00} > Traffic Study -Approved Sept 2006. (Extra WorkAuth. Na. 4: 5,032.00} > Modified Access Report -FHWA Determination of Acceptability, approved July 2007. (Extra WarkAuth. No. 5: 21,240.00} Final approval pending approval of the Final Environmental document. Nate: EWA No. 3, 4, and 5 will be paid with Avlin Odviar/ 90% > Geometric Approval Drawings -Under Caltrans review. PWtl4-dS I unused portion of Amend Na. 1. Amer Attar (09108 J 92°!° > Initial Study Assessment -Approved Sep 2005. > Acoustic Evaluation -Approved Dec 2005. > Air Quality Assessment -Approved PM10 Nov 2005 and PM2.5 Jul 2006. > Nat Environmental Study -Approved May 2006. > Cultural Studies -Approved Nov 2006. > Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20/08 - 3/21 /O8. > Final Environmental Document -Under Caltrans review. > FHWA Air Conformity -Approved June 2008. > Erosion Control Plan -Under Caltrans review. > Life Cycle Cost Analysis -Under Caltrans review. French Valley Parkway /Interstate 15 Over- City continued development of the Project Report and Environmental Document. Status is Crossing and Interchange Improvements asfallows: (PA & ED} > Draft Project Report -Approved June 2006. Consultant: Moffatt & Nichol > Project Report -Final preparation pending approval of Environmental Doc. Agreement Amount: $1,091,693.00 > Draft Environmental Document -Under Caltrans review. Amend. No. 1: 202,652.40' > New Connection Report (NCR} -Letter of Acceptability received in July 2008. Amend. No. 2: 21,630.00 > Traffic Operations Analysis -Approved 02/05/08. CCO No. 1: 25,000.00 > Exception to 20-yr Traffic Design -Approved 12/17/07. CCO No. 2: 8,000.00 > Stormwater Data Report -Under Caltrans review. CCO No. 3: 18,008.00 > Mandatary Design Exceptions -Approved 07/18/06. CCO No. 4: 11,320.00 > Advisory Design Exceptions -Approved 07/18/06. CCO No. 5: 37,645.00 William > Exception to Ramp Metering Policy -Approved 07/05/06. PW02-11 I Amend. No. 3: 283,982.52 Becerra/ 90°!a 92o1a > Geometric Approval Drawings -Approved 07/18/06. Amend. No. 4: See PW07-04 Avlin Odviar/ (12108) > Revised Geometric Approval Drawings -Approved 01/11/O8. Amend. No. 5: 169,000.00 Amer Attar > Storm drain Study -Approved 03/21 /08. Amend. No. 6: 110,917.00 > Flaodplain and Scour Analysis Report -Under Caltrans review. Amend. No. 7: 14,573.36 Amend. No. 8 See PW07-04 Other: Notes: > Declaration of Units -Request for Metric Exception denied by Caltrans. > Amend. No. 1 also applies to PW07-04. See > Freeway Agreements -Revised exhibits under Caltrans review. PW07-04 for add'I apportionment. > Risk Management Plan -Updating as necessary. > Project Charter - 1st draft is under Caltrans review. > Maintenance Agreement -Preparing 1st submittal for Caltrans review. > Financial Plan -Preparing 2nd submittal far Caltrans review. W P5t)814t)8 GITY OF TEMEGULA PAGE 7 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.AIV'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAim (~) Temecula Creek Grassing - Access to Highway The project consists of performing an alignment study to set a specific horizontal and 79 South (Temecula Parkway} vertical alignment for an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study - Avenida de Missions Kendra SO% access to Lama Linda Rd., including a bridge crossing aver Temecula Creek. The City PWOS-03 II over Temecula Creek Hannah- (1210$) 5% Council approved the Professional Engineering Services Agreement with Nolte Associates, Consultant: Nolte Associates, Inc. Meistrell Inc. for a Bridge Alignment Study at the 06/10/08 meeting. The kick-off meeting was held Contract Amount: $87,923.00 06/24/08. The Brainstorm Workshop was held on 07/16108. Santa Gertrudis Creek Pedestrian/Bicycle Trail The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Extension and Interconnect Kendra Creek Pedestrian/Bicycle Trail at Ynez Raad to the Murrieta Creek Multi-Purpose Trail at PWOS-04 II Alignment Study, Design & Environmental Hannah- 4% 4% Diaz Raad. A request for proposal was issued on 08/06/08. The proposal deadline is Clearance Meistrell (04/09) 08/27108. Consultant: Nicolas Valley -Assessment District (Liefer This project will study assessment district feasibility and formation, including completing the Road) 4°r, street and minor storm drain improvements on the unimproved portions of certain streets PWOS-06 II Amer Attar 08/49) 0°l° within Nicolas Valley (Liefer Road} area. The project is in the gathering data stage. PROJECTS WAITING IN THE WINGS lli Butterfield Stage Road - Roripaugh CFD Amer Attar ~ °~ ) NIA All work has been on hold while Developer finalizes construction financing. Diaz Road Exkension to Cherry Street This project is "On-hold"' as it is same what dependent on the final state of the pWflfl_Ifl 1 Consultant: Kimley-Horn and Assoc. David WA% NIA°!° Education Center property. $167,101.00 McBride Eliminate Entry - Project is dead Citywide Master Drainage Plan % Postponed. PW00-29 II ???????? ~ ) WA Multi-Trails System -Margarita Raad Under This project will construct a trail far bicycles and pedestrians along Santa Gertrudis Creek Crossing under Margarita Road. Data regarding existing utilities are being incorporated into the Consultant: LAN Engineering William design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This PW04-13 I Contract Amount: $114,426.00 Becerra 140% 100% project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA}funds on 12/1/06. Sam Hicks Monument Park Playground This project will replace the playground at Sam Hicks Monument Park to comply with new Replacement Kavan standards. The funding far this project is through Community Development Block Grant. PW06-16 Haghighi 0°~ N/A Funding for this project has been reallocated. Postponed until funds are allocated. Auxiliary Lanes on I-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on I-15 in Temecula to improve the freeway operation. An RFP to conduct the study was published on the City's website an 02,'14/07. Proposals were received on PWO6-17 I Laura Bragg/ 0% N/A 03/16107. The City reviewed the proposals and selected a consultant. Due to funding Amer Attar constraints, this project is being delayed until Fiscal Year 2009/ 2010. RIGHT OF WAYRELATED PROJECTS W P5Q814Q8 GITY OF TEMEGULA PAGE 8 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAim (~) French Valley Parkway/ I-15 Overcrossing and Appraisals are in progress. Draft Reports due end of August; FF&E appraiser is an board. Interchange, Project Report (PR) Amer Attar/ Obtaining proposals from Relocation consultants PW02-11 I William NIA WA Becerra Pechanga Parkway This acquisition is complete. Settlement is reached with all owners. PW99-11 Amer Attar Butterfield Stage Road -Raripaugh CFD Closed escrow on Calixto parcel. Conducted field review with Rodney Tidwell to identify Amer Attar/ gas, water, electrical lines and septic tank locations. Working on getting demolition CFD 03-02 Mayra De La proposals Torre Diaz Realignment W orking with the City Attorney on the preparation of all the documents needed to record PW 95 27 I Amer Attari various deeds on parcels affected by project and f fling the Record of Survey. Jon Salazar Pechanga Parkway (right turn lanes) Owner accepted offer. Purchase & Sale Agreement was sent to owner. PW 06-11 Amer Attar PW 99-11 Pechanga Parkway (mitigation land) Amer Attar Offer sent, however, owner wants more time awaiting new maps re: flood plain boundaries; owner does not want to negotiate until issues are resolved Surplus Land :Diaz Road Realignment Outdoor Channel would like some "reasonable assurances" about lot merger, zone change; Amer Attar CM to discuss these issues with City Attorney Riverside County Flood Control Parcels-Old Amer Attar Received Purchase Agreement from RCFC; need to make revisions and send back Town PW07-05 Santa Gertrudis Ped. Bridge Amer Attar Have agreed to terms of Purchase and Sale. Purchase & Sale Agreement was sent to Rancho California Water District. Santiago Detention Basin Appraisal is ready to be finalized but has been put an hold per Bill Hughes Amer Attar Overland Extension Need to obtain proposals for appraisal Amer Attar Ronald Reagan Sports Park Channel Silt It was determined that the City has prior rights. Removal & Desiltation Pond Amer Attar Civic Plaza Agreements reached with all property owners. And all property owners have been paid. Amer Attar Policy re: Site Assessments Editing Site Assessment pclicy Amer Attar Miscellaneous Right of Way Related Items review of Caltrans procedures; working on draft of Relocation handout required bylaw Amer Attar On-going N(A SPECIAL AND MISCELLANEOUS PROJECTS Raripaugh Ranch CFD Reviewing submitted Reimbursement Request for the two bridges with the Clty attorney. CFD 0302 Amer Attar NIA WA CFD41-02 Harveston CFD Amer Attar NIA wA No activities W PSQ81408 GITY OF TEMEGULA PAGE 9 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET agiisi2aag PROJECT PROJECTN.AIV'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId ($) Harvestan CFD No activities CFD 03-06 Amer Attar NIA WA CFD 03-01 Crown Hill CFD Amer Attar NIA WA No activities CED 03-03 Wolf Creek CFD Amer Attar NIA WA Processing Reimbursement Requests. Serena Hills CFD No activities CED 02-OS Amer Attar NIA WA Various I Tracking, preparing, and processing Federal and Julie Dauer On-going WA Various Projects. State Funds Reimbursements Contract Administration Preparation, review and training as required for CIP project contracts, amendments, extra Various I Julie Dauer On-going WA work authorizations & change orders. Providing assistance to staff in processing contracts and purchase orders for all CIP division projects. Murrieta Creek Multi Purpose Trail Request far Authorization' has been approved for construction. TCSD to develop co-op agreement with Riverside County Flood Control. Awaiting Encroachment Permit from PW41-27 I Julie Dauer NIA WA RCFCD. Bid Opening August 15, 2007. Prepared "justification Form' far Caltrans far update on project status for the quarter ended 9/30/07. PW48-10 I Surface Transportation Program (STP) - De Julie Dauer NIA WA Received approved PES, CE and NES(MI} for environmental clearance on October 30, Partola Road Pavement Rehabilitation 2007. Highway Bridge Replacement & Rehabilitation Agreement approved between City and Simon Wong for the environmental processing for PW03-05 i Program (HBRR} -Main Street Bridge Julie Dauer NIA WA this project. Total HBRR funds $3,920,000. SR2S- Safe Routes to School Program - In process of preparing PES, ISA checklist and NES(MI} documents for environmental Pedestrian/Bicycle Bridge over Santa Gertrudis review. Agreement prepared between the City and Nolte Associates to provide additional Creek to Chaparral High School environmental review and assistance as needed for environmental clearance. 5R2S funding PW05-11 I Julie Dauer NIA WA has been awarded in the amount of $425,520. No State funds are to be allocated for this project, therefore NEPA environmental processes will be required. In addition to SR2S funding we have been awarded $132,000 in S6821 funding. Transportation Uniform Mitigation Fee (TUMF) Quarterly review of expendikures for TUMF reimbursement requests. Various I Julie Dauer NIA WA TE -Transportation Enhancement PES & Field Review forms and NES (MI} and ISA Checklist have been prepared and Winchester Road/State Route 79 North Corridor submitted to Caltrans for environmental review. Received comments from Local Assistance PWd6-15 I Beautification Project Julie Dauer N!A WA and have completed responses and submitted far additional review by Caltrans. Total funds awarded per TE Funding adjustments $1,133,000. Pechanga Parkway Phase II Street Have received environmental approval and are currently in process of completing the right- PW99-11 I Improvements -Public Land & Highways Funded Julie Dauer NIA WA of-way processes. Completed RFA package will be submitted upon ROW certification. (Phase II) CIP Project Files Continue process of review of current and completed CIP projects for archiving. Various I Julie Dauer NIA WA Various I Grant Files Julie Dauer NIA WA On-going review and update of all grant files for the CIP Division. Formulating a list and cross-references far current and active grant programs and projects. Various I Bond Releases Julie Dauer NIA WA On-going processing of bond releases for Ciky Clerk's office for various completed CIP projects. 2006/07 Bicycle Transportation Account 2006/07 BTA funds approved for the preliminary engineering of our Santa Gerkrudis Creek TBD I BTA Funds Julie Dauer NIA WA Bicycle Trail Extension and Interconnect project. Total award $395,000. W P5Q81408 GITY OF TEMEGULA PAGE 10 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a$iisi2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) Quarterly Review Review of Federal and State funding of CIP projects for preparation of reimbursement Various I Julie Dauer NIA NIA invoices for costs incurred during each quarter. Also include review of administrative casts far CIP projects and prepare reports for Finance. Standardize the format of the 5pecificatlons for Specif ications library is continuously being updated and amended. The boiler-plate section all projects David is also being reviewed and updated. Federal Specifications were updated and standardized McBride On-going WA for de-Portola and Rancho California Road. Circulation Element Implement Plan This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. I Amer Attar/ NIA NIA The tasks of field verification, cost estimates preparation, and aerial mapping have all been Laura Bragg completed. This completed project information was submitted to Greg Butler/Bill Hughes an March 27, 2008. Update Plans to Reflect As-Built Conditions for City receives blue prints from many contractors marked with As-Built conditions far various All Recent Projects projects. Some of these As-Built conditions have never been transferred to the project ~~~~~~ On- ain g g NIA mylars. As-Built plans will 6e created for all recent projects, if it was not done at thetime of submission. Consultant Selection An Access database was created for our Consultant Selection List. Information is available Various I Laura Bragg On-going NIA on the City's web-site on haw to be placed on the list and responses are being entered into the computer as they are received. W P5~81408 CAPITAL IMPROVEMENT PROJECTS Monthly Actlvlty Report July /August 2008 Prepared By: Amer Attar Submitted by: William G. Hughes Date: August 26, 2008 PROJECTS UNDER CONSTRUCTION 1. Fire Station -Northeast Site {Roripaugh Ranch} This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system {requested/added on 2106) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Genter- Rough Grading This project will provide for the grading of the old Temecula Education Center site. All work was completed on March 28, 2007. NPDES work on the site was completed in March of 2008. Additional work is planned to restore the RCWD site permanently and to make the site easier to maintain NPDES compliance is estimated to start in July of 2008. NPDES maintenance will bean ongoing expense. 3. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. On the north side of the project, the contractor has completed the grading, the installation of the mainline irrigation, the mow curb, the DG and the AC. They are working on the irrigation laterals. On the south side, the contractor has completed the grading and is almost done installing the irrigation mainline. Soil quality issues are being looked into. 4. Traffic Signal Installation -Rancho California Road at Business Park West Underthis project, a traffic signal will be installed an Rancho California Road at Business Park Drive West. All work on this project is complete. The signal was turned an on Tuesday 02/26/08. We are working with the contractor to close out this contract. 5. {~Id Town Infrastructure Projects -Street Improvements, Mercedes St {2nd - 6th} & the Realignment of Main St. and Construction of the Town Square This project includes the construction of the Town Square and street improvements on Mercedes & Main Streets. On March 18, 2008, the City Council awarded the construction contract L H Engineering Company, Inc for $3,458,495.00. Work is ongoing on storm drains, sewer, water systems and the Town Square. 6. Old Town Infrastructure Projects -Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6t" streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6~" streets. Herman Weissker was awarded the work at the 3/18/08, City Council Meeting. Work is currently underway along Main Street. Citywide Concrete Repairs FY 2aa7-08 This project will remove and replace various concrete improvements including sidewalk, curb and gutter, cross gutters, driveways approaches, and under sidewalk drains. Contract work was completed on June 24, 2008. City Council accepted the project as complete at the July 22, 2008, City Council meeting. 8. Citywide Slurry Seal Project FY 2aa7-2aa8 This project will slurry seal streets mainly in the Paloma del Sal area. Contract was awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction meeting was held on 05/29/2008. Construction began an 06/30/08. 9. Roller Hockey Rink Dasher Board System This project will replace the boards at the existing Roller Hockey Rink. The dasher board system has been installed and the rink was resurfaced. The contractor (YAKAR} has ordered approximately 120 additional anchor bolts for the dasher board system that Building and Safety has determined are necessary to meet the wind load requirements of the Building Code. These will be installed the week of 8/18/08 1 a. Pechanga Parkway Improvements -Phase II (Temecula Parkway (formerly SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. Construction began on July 7, 2008 Construction items that will occur during the month of August is as follows: grading, curb and gutter, catch basins, storm drain, pavement, aggregate base, and traffic signals. The traffic signal at Muirfield Drive will be removed during the week of August 18. The new traffic signal at Muirfield Drive is scheduled to be installed during the month of November. The final section of the Pechanga Tribe's Recycled Waterline project between Loma Linda Road and Rainbow Canyon Road started on July 14 and will be complete by November 1. 11. OId Town Infrastructure Projects -Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. This project is complete. The City Council accepted the project as complete at the July 22, 2008, City Council meeting. PROJECTS BEING ADVERTISED FQR BIDS 1. Old Town Infrastructure Projects -Parking Structure & OfficelRetail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of ~Id Town Civic Center project. The project is being advertised far construction bids. RFI are coming in. Bids open on 8/19/8. Addendum 1 went out 8/8108. Two Encroachment Permit applications {far retaining wall & SD) are under review with Caltrans. The Underground Fire Protection plan is pending RCW D approval. The project is anticipated to be awarded on August 26, 2008. 2. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center Project will be developed. The project is being advertised for construction bids. Bids open on 9/3/08. 19 General contractors were pre-qualified. Award of contract is anticipated on 9/918. PRaJECTS IN DESIGN 3. Pechanga Parkway Storm Drain Improvements -Environmental Mitigation This project includes construction of new wetlands as part of the Wolf Valley Creek Channel -Stage I. The mitigation site is located along the north bank of Temecula Creek {within the flaodplain and floodway area). The environmental regulatory agencies have approved this new mitigation area. RCFCD had no significant comments re the installation work. Mylars are currently ready for signature. The contract bid document was prepared, reviewed, and is being revised to incorporate the final corrections. The appraisal for three easements is now complete; offers for purchase of the property were made. 4. Murrieta Creek Bridge -Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. Coordination with RCFC & WCD and the U. S. Army Corp of Engineers is required he extra work authorization to complete the 100% design submittal has been signed. The consultant has started the final design and a design meeting will be scheduled to ga over the final requirements of the project. 5. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering {SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek improvement project. Environmental consultant EDAW has completed biological field studies, and has submitted for staff review the Natural Environment Study Report, the Historic Property Survey Report, and the Jurisdictional Delineation Report for Waters of the U.S. SWE submitted 90% PS&E on 7/14/08, which are also currently under staff review. 100% PS&E anticipated in September, 2008. 6. PedestrianlBicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Preliminary Environmental Study {PES) form is to be submitted to Caltrans within the next month. Coordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. Staff review comments on 30% plans were returned to the design consultant on 6/19/08; 64% submittal is anticipated by the end of August. 7. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices {BMP) of the Stormwater Pollution Prevention Plan (SWPPP}, the Water Quality Management Plan (WQMP) and the requirement of RWQCB by desilting the basin located near the Sports Park. Staff is reviewing 90% design submittal. 401 Certification has been received and the Streambed Alteration Agreement is expected shortly. Final negotiation with USF&WS and CDFG far mitigation requirements is pending. 8. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of SR-79S and an extension of Pujol Street to the new structure. once constructed, this will serve as the southerly connection of the Western Bypass Corridor Staff has received an amended proposal for the design. The proposal received City Council Approval on June 24, 2008 and work is restarted. 9. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. Comments have been received from the EDA and the project has been cleared to go to bid. The plans and specifications are prepared for bid advertisement. The project will be bid for thirty days. The project cost estimate is $1,500,00. The plans for the Escallier House and barn are being revised to re route the accessible path of travel to the front of the buildings. 10. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. Due to budgetary restraints, the construction was divided into phases over a number of years. At the December 11, 2007 meeting, the City Council approved an agreement with RJM forthe construction drawings of the chosen amenities, which include a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held on 02/05/08. The preparation of the construction drawings continues. 11. Temecula Parkway (formerly 79 South) Park & Ride This project will design and construct a park and ride facility on Temecula Parkway {formerly 79 South) at La Paz. The project is still on hold pending TCSD and Planning review. The new City Ordinance has been forwarded to the design consultant for his review. It is anticipated that the landscape design will change to adopt these new measures. 12. De Portola Road Pavement Rehabilitation Project {from Jedediah Smith to Margarita) This project includes rehabilitating De Portola Road from Jedediah Smith Raad to Margarita Road. This is a federally funded project. The Environmental Document (Categarical Exclusion) was approved by Caltrans on August 8, 2447. Design consultant submitted 94% plans on 5/28/48; 144% PS&E submittal is expected by the end of August. Request for Federal construction authorization was submitted on 6/24/2448; approval is anticipated by mid-September. 13.79 South to Pechanga Parkway -Dual Right Turn Lanes This project includes the design and construction of two right turn lanes on eastbound Temecula Parkway {formerly State Route 79 South) to southbound Pechanga Parkway. The design includes the widening of Temecula Parkway and relocation of traffic signal poles. 144% design plans are complete. The City is in the process of purchasing the required right of way. Once the needed right of way is acquired, construction will be scheduled. 14. Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed basin (1 acre in size) is located on the south side of Santiago Rd between Vallejo Ave and Orsmby Rd. 144% design plans have been reviewed and minor comments will be provided to the consultant for incorporation into the plans. 15. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Raad from Ynez Rd. to the City limits on the east. Consultant is working on the 144% design package. The City received the signed PES form and the Categarical Exclusion (CE) from Caltrans. The request for Federal construction authorization was submitted on June 24, 2448. The project will go to construction in late 2448. 16. Winchester Road/79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant is working on the 144% design package. The City received the signed PES form and the Categorical Exclusion (CE) from Caltrans. The City has received approval from RCW D for the installation of the recycled waterline. 17. French Valley Parkway Phase 1 -Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion atthe Winchester Road southbound off-ramp. Status is as follows: - PS&E -Consultant is preparing 95% plans (retaining walls and landscape/irrigation). - Type Selection for Retaining Walls -Approved November 2047. - Right of Way -Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. - Construction Cooperative Agreement -Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. - Maintenance Agreement -City preparing exhibit for the first draft. - Declaration of Units -Caltrans Approved Metric Exception far this phase. - Utilities -Updated pothole plans have been reviewed by Caltrans. Encroachment permits are being sought. - Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. 18.OId Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small forthe proposed Gymnasium. This project is on-hold until we can acquire the property required for construction. A meeting is scheduled far 8119/08 to discuss measures that can move this project forward. 19. Re-Stripe Route 79 South to 8 lanes from I-15 to Pechanga Parkway This project will provide four lanes in each direction on Temecula Parkway {formerly State Route 79 South) from I-15 to Pechanga Parkway Design plans are complete. City Council authorized going out to bid on 8112/08. Construction will be coordinated with the Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway, Project Na. PW08-11. 20. Pavement Management System Update 2008-2013 This project will update the City's Pavement Management System for the years 2008-2013. This project will update the City's Pavement Management System for the years 2008-2013. The Council approved an agreement with Wildan on March 18th. The Notice to Proceed was issued to the consultant in May. The City forwarded all requested information to Willdan to initiate the project. The consultant has started the field rating process. City will provide information about the new streets which were not included in the last PMS to the consultant. 21. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street {at the MW D easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 22. Long Canyon Detention Basin -Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. PROJECTS IN THE PLANNING STAGE 12. I-15! SR 79 South Interchange -Project Report (PR} This project will modify the I-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometries and environmental technical studies. Status is as follows: - Draft Project Report -Approved January 2008. - Project Report -Under Caltrans review. - Advisory Design Exceptions -Approved 10/18/06. - Mandatory Design Exceptions -Approved 10120106. - Stormwater Data Report -Under Caltrans review. - Traffic Study -Approved 09/11/06. - Modified Access Report - FHWA Determination of Acceptability was approved in July 2007. Final approval pending approval of the Final Environmental Document. - Geometric Approval Drawings -Under Caltrans review. - Initial Study Assessment -Approved September 2005. - Acoustic Evaluation -Approved December 2005. - Air Quality Assessment -Approved PM10 Nav 2005 and PM2.5 Jul 2006. - Nat Environmental Study -Approved May 2006. - Cultural Studies -Approved November 2006. - Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20108 - 3/21 /08. - Final Environmental Document -Under Caltrans review. - FHWA Air Conformity -Approved June 2008. - Erasion Control Plan -Under Caltrans review. - Life Cycle Cost Analysis -Under Caltrans review. 13. French Valley Parkway ~~ercrossing and Interchange, Project Report (PR}, Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between W inchester Road Interchange and the I-15/1-215 split. The project is moving through the Caltrans process. Current status is as follows: - Draft Project Report -Approved June 2006. - Project Report -Final preparation pending approval of Environmental Document. - Draft Environmental Document -Under Caltrans review. - New Connection Report -Letter of Acceptability received in July 2008. - Traffic Operations Analysis -Approved 02/05/08. - Exception to 20-yr Traffic Design -Approved 12/17/07. - Stormwater Data Report -Under Caltrans review. - Mandatory Design Exceptions -Approved 07118108. - Advisory Design Exceptians -Approved 07118106. - Exception to Ramp Metering Palicy -Approved 07/05/06. - Geometric Approval Drawings -Approved 07118106. - Revised Geometric Approval Drawings -Approved 01J11/08. - Storm Drain Study - Appraved 03/21/08. - Flaodplain and Scour Analysis Report -Under Caltrans review. - Declaration of Units -Request far Metric Exception denied by Caltrans. - Freeway Agreements -Revised exhibits under Caltrans review. - Risk Management Plan -Updating as necessary. - Project Charter - 1 st draft is under Caltrans review. - Maintenance Agmt -Preparing 1st submittal for Caltrans review. - Financial Plan -Preparing 2nd submittal for Caltrans review. 14. Temecula Creek Crossing -Access to Temecula Parkway The project consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Rd., including a bridge crossing over Temecula Creek. The City Council approved the Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study at the 06/10/08 meeting. The kick-off meeting was held 06/24/08. 15. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. A request for proposal was issued on 08/06/08. The proposal deadline is 08127108. 16. Nicolas Valley -Assessment District {Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The project is in the gathering data stage. ITEM NC}. 24 Approvals ~Q 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: August 26, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of July 2008. PATROL SERVICES Overall calls for police service .................................................................................................. 7549 "Priority One" calls for service ....................................................................................................... 63 Average response time for "Priority One" calls .............................................................2.75 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 652 Special Events ............................................................................................................................ 256 Community Action Patrol (CAP) hours ....................................................................................... 162 Reserve officer hours (patrol) ....................................................................................................... 47 Total Volunteer hours ................................................................................................................ 1153 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ................................................ ........................................ 5 Residential/business security surveys conducted .................................. ........................................ 5 Businesses visited .................................................................................. ...................................... 16 Businesses visited for past crime follow-up ............................................ ...................................... 15 Crime prevention articles ........................................................................ ........................................ 1 Total square footage of graffiti removed ................................................. ................................. 4,187 Number of Graffiti Locations ........................................................ ................................ 44 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 220 Sets of fingerprints taken .............................................................................................................. 46 Police reports filed .......................................................................................................................... 8 Citations signed off ....................................................................................................................... 30 Total receipts ..................................................................................................................... $5,152.00 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 ....................................................... .......................... 1030 D.U.I. checkpoints conducted ......................................................................... ................................ 0 D.U.I. Arrest ....................................................................................... ...........................30 Nan-hazardous citations ................................................................................. ............................ 368 Stop Light Abuse/Intersection Program (S.L.A.P.)citations ............................ ............................ 181 Neighborhood Enforcement Team {N.E.T.) citations ..................................... ............................ 122 Parking citations .............................................................................................. ............................ 421 Seatbelts ........................................................................................ ..........................48 School Zones ................................................................................. ...........................0 Injury callisions ................................................................................................ .............................. 15 Prese ntatia ns ................................................................................. ............................0 INVESTIGATIONS Beginning Caseload .................................................................................................................... 182 Total Cases Assigned .................................................................................................................. 51 Total Cases Closed ....................................................................................44 Number of community seminars/presentations conducted ............................................................ 0 PROMENADE MALL TEAM Calls for service ........................ Felony arrest/filings .................. Misdemeanor arrestlfilings....... Vehicle burglaries .................... Vehicle thefts ............................ Total receipts ............................ SCHOOL RESOURCE OFFICERS ......... 210 ........... 25 ........... 24 ............. 0 ............. 0 $6,674.00 Felony arrests ..................................................................... ............................................................ 1 Misdemeanor arrests .......................................................... ............................................................ 0 Citations .............................................................................. .......................................................... 26 Youth counseled ................................................................. ........................................................ 44 Presentations .......................................................... .................................................. 0 YOUTH ACCOUNTABILITY TEAM School visits ................................................................... ................................................................. 5 Home visits ..................................................................... ............................................................... 45 Presentations ...................................................... .......................................................6 Truancy Sweep ..................................................... .......................................................0