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092308 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 SEPTEMBER 23, 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. 6:30 P.M. -Closed Session of the City Council pursuant to Government Cade Section 54956.8, Instructions to Real Property Negotiations: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property owned by Borchard-Temecula, LP, which is a vacant lot located on the southwestern corner of Pechanga Parkway and Temecula Parkway and the northwestern corner of Pechanga Parkway and Cupena Lane in the City of Temecula, and is identified as Riverside County Assessor's Parcel Numbers 961-010-072 and -073. City negotiators, Bill Hughes, City Engineer, and Amer Attar, Principal Engineer, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owner Borchard-Temecula, LP. 2. Conference with real property negotiator pursuant to Government Cade Section 54956.8 regarding real property owned by Borchard-Temecula, LP, which is a vacant lot located along the northern side of Temecula Creek, including a portion of the floodway, east of Jedediah Smith Road in the City of Temecula, and is identified as Riverside County Assessor's Parcel Number 961-010-076. City negotiators, Bill Hughes, City Engineer, and Amer Attar, Principal Engineer, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owner Borchard-Temecula, LP. 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: 08-87 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Ironhand will be playing the flute Invocation: Pastor Struikmans of Rancho Community Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Award of Service Pins to Mayor Mike Naggar, Council Member Jeff Comerchero, and Council Member Chuck Washington Recognition to Steve Brown by Riverside County Habitat Conservation Agency Ellison Wilson Advocacy Groua Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. Far all Public Hearing ar Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 26, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALL01NlNG CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the Sponsorship Request and Funding Agreement for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure RECOMMENDATION: 4.1 Approve the Event Sponsorship and Funding Agreement in the amount of $25,000 cash, city-support costs in the amount of approximately $13,950, and promotional services valued at $11,050 for the Inland Empire Affiliate of Susan G. Komen Race for the Cure. 5 Gtuality of Life Master Plan (at the request of Council Member Washington) RECOMMENDATION: 5.1 Introduce to the City Council and the community the City's goal to establish a Quality of Life Master Plan. No City Council action required at this time. 6 First Amendment to Agreement for Consultant Services with Environmental Science Associates (ESA) for the Santa Margarita Ecological Reserve Area Annexation Environmental Impact Report (EIR) RECOMMENDATION: 6.1 Approve an Amendment to the Agreement for Consultant Services with Environmental Science Associates (ESA} in the amount of $39,000 to continue project management and include the preparation of an Administrative Final Environmental Impact Report {EIR) including responses to comments for the Santa Margarita Ecological Reserve Area Annexation. 7 Agreement for Consulting Services with Planning and Design Solutions (PDS) West for Design Guidelines of Nicolas Valley RECOMMENDATION: 7.1 Approve a contract with PDS West for planning services in the amount of $35,000 to prepare Design Guidelines for Nicolas Valley. 8 Traffic Signal Installation -Rancho California Road at Business Park Drive West, Project No. PW07-02 -Acceptance of Improvements and filing the Notice of Completion RECOMMENDATION: $.1 Accept the Traffic Signal Installation on Rancho California Road at Business Park Drive West, Project No. PW07-02, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 8.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 9 Geotechnical, Material Testing and Special Inspection Professional Service Agreement far the Old Town Infrastructure Project -Parking Structure PW06-07 (1 D). RECOMMENDATION: 9.1 Approve an Agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing, and special inspection services associated with the Old Town Infrastructure Project -Parking Structure PW06-07 (1 D}, in the amount of $360,018 and authorize the Mayor to execute the Agreement; 9.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $36,000, which is equal to 10% of the Agreement. 10 Authorize Temporary Partial Street Closures for "Race far the Cure" Event October 19, 2008, in the Promenade Mall area (Margarita Road, Overland Drive, Ynez Road, and Solana Way) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 19, 2008, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT 11 Authorize Temporary Street Closures for the 2008 Temecula Fall Rad Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) RECOMMENDATION: 1 1.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 2008 TEMECULA FALL ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 12 Geotechnical, Material Testing and Special Inspection Professional Service Agreement far the Old Town Civic Center Project -Project No. PW06-07 RECOMMENDATION: 12.1 Approve an Agreement with Construction Testing & Engineering, Inc., to provide professional geatechnical, material testing, and special inspection services associated with the Old Town Civic Center Project - PW06-07, in the amount of $248,058 and authorize the Mayor to execute the Agreement; 12.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $24,800, which is equal to 10% of the Agreement. 13 Eastern Municipal Water District Access Easement within Pala Community Park RECOMMENDATION: 13.1 Grant an Access Easement to Eastern Municipal Water District within Pala Community Park; 13.2 Authorize staff to proceed with the necessary actions to cause the Easement Deed to be recorded. 14 Expenditure Authorization for Theater Ticketing Software Services RECOMMENDATION: 14.1 Authorize additional payments of up to $20,000 with Vision One for ticketing software services at the Old Town Temecula Community Theater for a total contract authorization of $70,000 and approve the Agreement with Vision One at this amount. 15 Microsoft Software Licenses -Annual Renewal RECOMMENDATION: 15.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from CompuCom Systems Inc., for $68,767.94. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD CONSENT CALENDAR 16 Minutes RECOMMENDATION: 16.1 Approve the minutes of September 9, 2008. 17 Acceptance of a Landscape and Retaining Wall Maintenance Easement Deed for a slope area along La Serena Way RECOMMENDATION: 17.1 Accept the Landscape and Retaining Wall Maintenance Easement Deed for a slope area along La Serena Way adjacent to the Serena Hills Development. CSD DEPARTMENTAL REPORT 18 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency an 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 an an item not an the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record RDA CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of September 9, 2008. 20 Northwest RDA Property Grading and NPDES Compliance, PW06-03 Increase in Contingency Funds and Approval of RCWD Temporary Access Agreement RECOMMENDATION: 20.1 Approve an increase of $91,671.49 in the contingency funds for Skanska construction contract, Project No. PW06-03, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $622,436.43; 20.2 Approve a Temporary Entry Agreement with the Rancho California Water District, and authorize the Executive Director to execute the Agreement. RDA DEPARTMENTAL REPORT 21 Redevelopment Departmental Report RECOMMENDATION: 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 City Council TravellConference Report -August 2008 24 Public Works Monthly Report 25 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, October 14, 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. 8 CONSENT CALENDAR ITEM R1C~. 1 ITEM R1C~. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 26, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p. m. on Tuesday, August 26, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Naggar Absent: Council Members: Washington PRELUDE MUSIC The prelude music was provided by Anthony and Ran Savitt I NVOCATI O N The invocation was provided by Pastor Gary Nelson of Calvary Chapel of Temecula PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero Presentation by Supervisor Jeff Stone Inviting the City Council and the public to an upcoming fundraiser at the Ramona Bowl Amphitheater, on Saturday, September 27' 2008, at 7:00 P.M., Supervisor Stone advised that the following groups will be performing: The Knack, Tammy TuTone, Gene Loves Zezebel, and A Flock of Seagulls. French Valley Energy Center - Peaker Power Plant By way of PowerPoint Presentation, Mr. Ken Thicket highlighted the main components of the French Valley Energy Center: • French Valley Energy Partners, LLC Owned by Ramco Generating Two, Inc. • Local Power Needs • Proposed Project • Proposed Site • Approval from the Airport Land Use Commission (ALUC) • Support of Renewables • Summary Benefits Council Member Roberts relayed his enthusiasm with the project. Mayor Naggar thanked Mr. Thicket for his presentation. R:1Mi n utes1082608 Certificate of Congratulations to Carl and Dodi Ross for their 50th Wedding Anniversa Congratulating Mr. and Mrs. Ross on recently celebrating their 50~" Wedding Anniversary, Mayor Naggar presented the couple with a Certificate of Congratulations and wished them many years of love, health, and happiness together. PUBLIC COMMENT A. Mr. Doc Lain, Temecula, commented on the definition of "Decorum" and remarked on Mr. Pedersen's and Mr. Dool's objective. B. Ms. Lorena Spencer, Temecula, commented on Mr. Pedersen's comments at the last City Council meeting and remarked on the City Attorney's comments with respect to conflicts of interest regarding Council Members and the Rancon Group. C. Relaying his opinion, Mr. Stephen Eldred, Temecula, commented on what he viewed as a misstatement by City Attorney Thorson with respect to acquisition of property at the south end of Temecula and conflicts of interest with respect to Council Members. D. Speaking on behalf of some stakeholders in the Old Town area, Mr. Ed Dool, Temecula, requested that the park-n-ride on Sixth Street be relocated and encouraged the City Council to continue on its mission in reviving the Old Town area. For City Manager Nelson, Mayor Naggar requested an update with respect to the park-n-ride on Sixth Street. E. Advising the public that the had never sued the City of Temecula, Mr. Chris Pedersen, Temecula, offered some clarification to accusations that have been made. CITY COUNCIL REPORTS A. Council Member Comerchero advised that Council Member Roberts and he, Cities of Southwest Riverside County, and representatives of SANDAG attended a meeting with respect to alternative transit opportunities between the regions along the I-15 corridor and relayed his enthusiasm with the amendment to the County of San Diego's 2030 plan to widen the I-15 corridor between Escondido and Temecula and efforts with respect to a future bus rapid transit along the corridor as well as toll roads along the I-15 corridor; and noted that he will provide more information as plans move forward. B. By way of overheads, Mayor Naggar highlighted the Regional Medical Taskforce Committee's proposed action steps, such as the fallowing: • General Plan Actions • Economic Development • Political Support Mayor Naggar also invited the public to attend the Temecula Valley Arts Council's Mayor's Ball on Saturday, September 6, 2008, at Temeku Hills, at 6:OOp.m., noting that more information may be found at www.cityoftemecula.org. R:1Mi n utes1082608 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 List of Demands RECOMMENDATION 2.1 Adopt a resolution entitled: RESOLUTION NO. 08-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALL01NlNG CERTAIN CLAIMS AND DEMANDS AS 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 t;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. R:1Mi n utes1082608 3 5 Contract for User Fee Study. Cost 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). Item No. 8 was pulled for separate discussion: see pages 6 and 7. 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; 8.3 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 Agreement with the Pechanga Band of Luiseno Indians to monitor excavation and grading activities and authorize the City Manager to execute the Agreement. R:1Mi n utes1082608 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 for Public Improvements in Tract No. 23064 (Located northeasterly of the intersection of Deer Hallow 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 Na. 23065-3 (Located northwesterly of the intersection of Pechanga Road and Peachtree Street -Centex Homes RECOMMENDATION: 11.1 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 No. 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. R:1Mi n utes1082608 12 Agreement for Design and Creation of the Town 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 not 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. 48-09 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 MOTION: Council Member Roberts moved to approve the Consent Calendar with the exception of Item No. 8 which was separately discussed (see below). Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. CONSENT CALENDAR ITEM NO. 8 CONSIDERED UNDER SEPARATE DISCUSSION 8 Award of Construction Contract and Cultural Resources Monitoring Agreement far the Old Town Infrastructure Proiect - Parkina Structure: Proiect No. PW06-07 RECOMMENDATION: 8.5 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; $.6 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; R:1Mi n utes1082608 8.7 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; 8.8 Approve a Cultural Monitoring Agreement with the Pechanga Band of Luisena Indians to monitor excavation and grading activities and authorize the City Manager to execute the Agreement. Director of Public Works Hughes provided a staff report {per agenda packet) Referencing Mayor Pro Tem Edwards' query with respect to accelerating funds for this project from the FY2009-2010 budget to the current FY 2008-2009 budget, Director of Public Works Hughes advised that the Director of Finance recommended that all monies associated with the project be properly earmarked at the time of construction. For the City Council, City Manager Nelson advised that the proposed project has been in progress for the past 3 to 3'/ years; that the project will fall $1.6 million below the Engineer's estimate; and noted that construction of the parking structure will begin in the Fall 2008. A. Mr. Ed Dool, Temecula, thanked the City Council for the proposed parking structure and relayed his delight with the future of Old Town. B. Mr. Chris Pedersen, Temecula, also thanked the City Council for the installation of the proposed project and the handling of the Redevelopment Agency's funding mechanism. MOTION: Council Member Comerchero moved to approve the Item Na. 8. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. DEPARTMENTAL REPORTS No reports at this time. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report. R:1Mi n utes1082608 7 ADJOURNMENT At 8:17 p.m. the City Council meeting was formally adjourned to Tuesday, September 9, 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. ATTEST: Susan Jones, MMC City Clerk [SEAL] Michael S. Naggar, Mayor R:1Mi n utes1082608 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: September 23, 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 $2,334,376.07. 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 23rd day of September, 2008. 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of September, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 09/04/2008 TOTAL CHECK RUN: $ 662,994.69 09/11/2008 TOTAL CHECK RUN: $1,156,619.42 09/04/2008 TOTAL PAYROLL RUN: $ 514,761.96 TOTAL LIST OF DEMANDS FOR 4912312008 COUNCIL MEETING; $2,334,376.07 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 747,861.58 165 RDA AFFORDABLE HOUSING 9,374.25 190 TEMECULA COMMUNITY SERVICES DISTRICT 343,463.39 192 TCSD SERVICE LEVEL B 69,743.26 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 78,309.82 194 TCSD SERVICE LEVEL D 1,257.74 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,891.32 197 TEMECULA LIBRARY FUND 22,005.59 210 CAPITAL IMPROVEMENT PROJECTS FUND 68,291.46 280 REDEVELOPMENT AGENCY -CIP PROJECT 12,261.26 300 INSURANCE FUND 2,534.49 320 INFORMATION SYSTEMS 37,705.08 330 SUPPORT SERVICES 6,738.03 340 FACILITIES 28,394.49 380 RDA DEBT SERVICE FUND 6,425.00 390 TCSD DEBT SERVICE 380,357.35 1,819,614.11 001 GENERAL FUND $ 325,932.15 165 RDA AFFORDABLE HOUSING 7,712.86 190 TEMECULA COMMUNITY SERVICES DISTRICT 126,484.44 192 TCSD SERVICE LEVEL B 132.56 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,314.18 194 TCSD SERVICE LEVEL D 1,289.19 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,510.04 197 TEMECULA LIBRARY FUND 461.43 280 REDEVELOPMENT AGENCY -CIP PROJECT 5,187.33 300 INSURANCE FUND 1,360.95 320 INFORMATION SYSTEMS 27,014.48 330 SUPPORT SERVICES 4,013.50 340 FACILITIES 8,348.85 514,761.96 TOTAL BY FUND: $2.,334,376.07 apChkLst 49/44/2448 t:2S:2tPM Final Check List CITY OF TEMECULA Page: t Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1118 09/04/2008 000245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 80,689.53 Blue Shield HMO Payment 0.00 80,689.53 1119 09/04/2008 000444 INSTATAX (EDD} State Disability Ins Payment 24,552.85 24,552.85 1120 09/04/2008 000283 INSTATAX (IRS) Federal Income Taxes Payment 97,573.01 97,573.01 1121 09/04/2008 000389 NATIONWIDE RETIREMENT OBRA -Project Retirement Payment 4,601.19 4,601.19 SOLUTION 1122 09/04/2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,527.73 23,527.73 SOLUTION 1123 09/04/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Gontr Payment 132,162.85 132,162.65 RETIREMENT) 1124 09/04/2008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,986.41 Child Care Reimbursement Payment 0.00 9,986.41 126289 08/29/2008 012246 WISHES FOR CHILDREN Temecula Onstage 8/30:OId Town 7,500.00 7,500.00 126290 09/04/2008 003552 A F L A C AFLAC Cancer Payment 3,277.42 3,277.42 126291 09/04/2008 001916 ALBERT A WEBB ASSOCIATES Jul eng secs: Santa Margarita 83,602.78 Jul eng secs: Santa Margarita 1,397.22 85,000.00 126292 09/04/2008 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 126293 09/04/2008 009033 ALLEN, STEVEN L. photography svcs: TCSD 300.00 300.00 126294 09/04/2008 004240 AMERICAN FORENSIC NURSES Aug Stand By Fee: Police 1,000.00 Sept Stand By Fee: Police 1,200.00 DUI & Drug Screenings: Police 805.00 DUI & Drug Screenings: Police 135.00 DUI & Drug Screenings: Police 836.00 3,976.00 126295 09/04/2008 000747 AMERICAN PLANNING OS/09 mbrshp: 160530 DW 300.00 ASSOCIATION 08/09 mbrshp: 048646 SB 535.00 08109 mbrshp: 123672 CK 275.00 1,110.00 126296 09/04/2008 011304 AMEZCUA, MICHELLE Reimb:Accela User Canf. 8/18-8/22 653.56 653.56 Page:1 apChkLst 09/04/2008 1:23:21PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK t)F CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126297 09/04/2006 000101 APPLE ONE INC temp help ppe B/16: Tuley-Fuson 580.82 temp help ppe 8116: Wilson, L 1,288.41 1,869.23 126298 09/04/2008 002648 AUTO CLUB OF SOUTHERN Membership: 88263101 RS 47.00 CALIF Membership: 025799883 SN 76.00 Membership: 31708272 J M 47.00 Membership: 13117974 RS 47.00 Membership: 74903696 GDLR 47.00 Membership: 02739639 J D 47.00 Membership: 86808192 KN 47.00 Membership: 60373230 GG 47.00 405.00 126299 09/04/2006 011666 B P S TACTICAL INC Ballistic Vests:CSO Police 1,120.60 1,120.60 126300 09/04/2008 011954 BAKER & TAYLOR INC (82} Baok Purchase: Library 1,859.86 1,859.86 126301 09/04/2008 009597 BALL, DIANE Reimb: Accela Canf. 8/19-8/22 174.22 174.22 126302 09/04/2008 010806 BARNEYS TIRE AND WHEEL tire replacement: Fire 905.53 905.53 126303 09/04/2008 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00 126304 09/04/2008 008911 BEERS, BRUCE Reimb:Nat. dance Forum 6/12-8/17 616.89 818.89 126305 09/04/2008 002377 BEST BUY COMPANY INC EE Computer Loan Program 2,000.00 2,000.00 126306 09/04/2008 004262 BIO-TOX LABORATORIES DUI & Drug Screenings: Police 372.41 372.41 126307 09/04/2008 012126 BOWERS MUSEUM Excursion 9/5/OB: MPSC 456.00 456.00 126308 09/04/2008 012255 BRATENE CONSTRUCTION refund: deposit 30839 DeIReyRd 995.00 995.00 126309 09/04/2006 003222 BROGKMEIER, CAROL Retirement Medical Payment 690.26 690.26 126310 09/04/2008 011364 CADOGAN, COLLEEN refund: Tiny Tots -Zane 65.00 65.00 Paget apChkLst Final Check List Page: 3 D9/D4/2DD8 1:23:21PM CITY OF TEMECULA Bank : union UNION BANK bF CALIFORNIA Check # Date Vendor 126311 09/04/2008 003138 CAL MAT (Continued) Description Amount Paid Check Total PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 126312 09/04/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099116 126313 09/04/2008 004971 CANON FINANCIAL SERVICES, Sept copier lease: Stn 84 INC Jul-Aug copier lease: Stn 84 126314 09/04/2008 001326 CHULA VISTA, CITY OF 08/09 Consortium Training:HR 126315 09/04/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 126316 09/04/2008 006303 CONDUIT NETWORKS, INC replacement drives: Info Sys 126317 09/04/2008 010650 CRAFTSMEN PLUMBING & HVAC plumbing repairs: Stn 84 INC 491.61 689.60 490.80 165.94 753.44 734.05 66.36 165.94 448.7$ 693.64 88.36 325.14 44.18 914.47 351.81 626.98 267.33 308.06 679.14 66.36 304.29 522.26 160.22 523.02 191.15 151.17 606.25 111.95 453.63 25.00 200.81 365.10 1,675.00 136.00 829.68 142.61 11,641.93 25.00 565.91 1,675.00 136.00 829.68 142.61 Page3 apChkLst 09/04/2008 1:23:21PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK i)F CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126318 09/04/2006 005291 DEGANGE, JOHN Reimb: ESRI Conf. B/5-B/7 133.08 133.08 126319 09/04/2008 004192 DOW NS COMMERCIAL FUELING Fuel for City vehicles: PW Traffic 202.21 INC Fuel for City vehicles: PW Lnd Dv 664.38 Fuel for City vehicles: PW CIP 256.23 Fuel for City vehicles: PW Maint 2,590.79 3,713.61 126320 09/04/2006 005692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.00 126321 09/04/2006 003747 FINE ARTS NETWORK sttlmnt: Les Miserables 8/OB 8,974.03 revised sttlmnt: Les Miserable 8/1 75.00 9,049.03 126322 09/04/2008 008784 FIRE ENGINEERING subscr: 08/09 DeHart, Charlie 29.95 29.95 126323 09/04/2006 003347 FIRST BANKCARD CENTER CALIF BUILDING OFFICIALS DU Permit Tech Seminar8/18-8/19 220.00 CO5TC0 WHOLESALE DU NEAT Business Cards 115.14 335.14 126324 09/04/2006 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 624.30 824.30 126325 09/04/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 126326 09/04/2008 009097 FULL COMPA55 SYSTEMS M15C SUPPLIES: THEATER 54.99 54.99 126327 09/04/2008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 8/22 367.50 sttlmnt: Live at the Merc 8/29 210.00 577.50 126328 09/04/2006 002174 GROUP 1 PRODUCTIONS Video Svcs:lnside Temecula #8 2,100.00 2,100.00 126329 09/04/2006 007498 GUIDANCE SOFTWARE INC Encase v6 Forensic Trn 9/23-26 1,995.00 1,995.00 126330 09/04/2008 000378 HAFELI, THOMAS Reimb: LCD TV bracket TCSD 215.49 215.49 126331 09/04/2008 008244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97 126332 09/04/2006 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 75.00 75.00 GROUP INC 126333 09/04/2008 012060 HERNANDEZ, RALPH Reimb: DUI Seminar 6/10-6/15 215.09 215.09 Page:4 apChkLst 09/04/2008 1:23:21PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126334 09/04/2008 005746 HODSON, CHERYL A. Support Payment 13.81 13.81 126335 09/04/2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 126336 09/04/2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,778.41 11,778.41 303355 126337 09/04/2008 004406 IGOE & COMPANY INC Aug flex benefit plan pmt 382.50 382.50 126338 09/04/2008 009135 IMPACT MARKETING & DESIGN Usher Uniforms: Theater 161.19 161.19 INC 126339 09/04/2008 006914 INNOVATIVE DOCUMENT Jul copier maint/usage: Library 596.62 596.62 SOLUTIONS 126340 09/04/2008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:CRC/TES 353.42 353.42 INC 126341 09/04/2008 003571 INTL ASSN OF PLUMBING AND mb:06/09 IAPMO 91674 Harold, M 250.00 250.00 126342 09/04/2008 003296 INTL CODE COUNCIL mbrshp: 08/09 ICC Harold, M 180.00 180.00 126343 09/04/2008 010119 IRS - OIC Sup Pmt Offer #1000497587 452379267 140.11 140.11 126344 09/04/2008 009328 JOHNSTON, RICH Reimb: Accela Canf. 8119-8/22 213.48 213.48 126345 09/04/2008 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 200.90 TCSD instructor earnings 114.80 TCSD instructor earnings 172.20 TCSD instructor earnings 200.90 TCSD instructor earnings 57.40 TCSD instructor earnings 200.90 TCSD instructor earnings 430.50 TCSD instructor earnings 401.80 TCSD instructor earnings 200.90 TCSD instructor earnings 229.60 TCSD instructor earnings 57.40 TCSD instructor earnings 258.30 TCSD instructor earnings 373.10 2,898.70 126346 09/04/2008 000546 KIPLINGER LETTER, THE Subscription: 0618161 08109 48.00 48.00 Page:S apChkLst Final Check List Page: 6 09/04/2008 1:23:2 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Uescriptian Amount Paid Check Total 126347 09/04,!2008 000209 L & M FERTILIZER INC Hardware supplies: Fire 113.50 113.50 126348 09/04/2008 004905 LIEBERT, CA551DY&WHITMORE Jul HR legal svcsfarTE060-#01 1,107.00 1,107.00 126349 09/04/2008 004087 LOW ES INC Hardware supplies: Theater 42.93 Hardware supplies: Theater 6.43 Hardware supplies: Theater 4.05 Hardware supplies: Theater 8.58 61.99 126350 09/04/2008 012224 MAD SCIENCE OF SAN DIEGO TCSD Instructor Eamings 2,805.00 2,805.00 126351 09/04/2008 003782 MAIN STREET 51GNS Misc. street signs:pw maint div 807.26 807.26 126352 09/04/2008 012256 MARIA MAGDALENA, AVELAR refund: security dep CRC 8/23 400.00 400.00 126353 09/04/2008 011956 MATTHEWS, AARON Reimb:ESRI Conf. 8/5-B/7 126.38 126.38 126354 09/04/2006 000220 MAURICE PRINTERS INC CIP/AOB graphic dsgn:finance 915.88 CIP/AOB covers printing srvcs:finance 1,074.27 Combs for AOB/CIP documents:finance 501.04 AOB tab dividers printing srvcs:finance 1,052.72 Blank stock paper:finance dept 749.94 CIP tab dividers printing srvcs:finance 710.07 5,003.92 126355 09/04/2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,380.26 8,380.26 126356 09/04/2008 011440 MILLMORE'S WAX CREW Cityveh. detailing srvcs:PW Depts. 75.00 75.00 126357 09/04/2008 001384 MINUTEMAN PRESS Business cards:m sample 44.95 Business cards:p espinoza/n Jacobs 69.90 Business cards: b price 44.95 179.80 126358 09/04/2006 004534 MOBILE SATELLITE VENTURES Aug EOC Stn Satellite Phone Svcs 72.96 72.96 LP 126359 09/04/2008 012059 MOHR, TIM Reimb:DUl Seminar 8/10-8/15 144.96 144.96 126360 09/04/2008 009915 MOUNTAINVIEW COMMUNITY refund: sec deposit/Amphitheater 8/24 150.00 150.00 CHURCH 126361 09/04/2008 010797 MUSSER, DAVID TCSD Instructor Eamings 168.00 TCSD Instructor Eamings 126.00 294.00 Pages apChkLst Final Check List Page: 7 09/04/2008 1:23:2 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor l7escription Amount Paid Check Total 126362 09/04/2006 006140 NORTH JEFFERSON BUSINE55 Oct-Dec assn dues xx17: F.V. Intrchg 415.13 PARK Oct-Dec assn dues xx20: F.V. Intrchg 564.02 979.15 126363 09/04/2006 003964 OFFICE DEPOT BUSINE55 SVS mist office supplies:central srvcs 53.29 53.29 DIV 126364 09/04/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:6&S Dept 67.50 City Vehicle Maint Svcs:B&5 Dept 497.08 City Vehicle Maint Svcs:6&S Dept 67.50 City Vehicle Maint Svcs:Code Enf. 305.54 City Vehicle Maint Svcs:City Mgr 36.27 1,013.89 126365 09/04/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 126366 09/04/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 126367 09/04/2008 000249 PETTY CASH Petty Cash Reimbursement 773.04 773.04 126368 09/04/2008 000249 PETTY CASH Petty Cash far Theater 100.00 100.00 126369 09/04/2006 012256 PIKE, MATT refund:permit fee/27313 Jefferson Ave 6.00 6.00 126370 09/04/2006 011660 PLANNET CONSULTING Jul consult srvcs: Civic Gntr Mstr Pln 19,222.14 19,222.14 126371 09/04/2008 010338 POOL & ELECTRICAL PRODUCTS pawl supplies/chemicals: aquatics 198.25 198.25 INC 126372 09/04/2008 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 378.00 378.00 126373 09/04/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 476.30 476.30 126374 09/04/2008 007093 PYLE, ANITA Retirement Medical Payment 244.44 244.44 126375 09/04/2006 002654 RANCHO FORD LINCOLN City vehicle repairs:Code Enf. 42.53 42.53 MERCURY 126376 09/04/2006 004564 REGENCY LIGHTING electrical supplies: theater 76.16 76.16 126377 09/04/2006 003591 RENES COMMERCIAL Citywide trash, debris & weed abatement 11,906.00 11,906.00 MANAGEMENT Page:7 apChkLst Final Check List Page: 8 09/04/2008 1:23:2 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126378 09/04/2006 012148 RICHARDSON TECHNOLOGIES HVAC prey maint srvcs:library 934.00 934.00 INC 126379 09/04/2008 000815 ROW LEY, CATHY TCSD Instructor Eamings 945.00 TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 567.00 TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 63.00 TCSD Instructor Eamings 126.00 TGSD Instructor Eamings 126.00 2,079.00 126380 09/04/2008 012257 RTN DEVELOPMENT refund:bldg-elec permit/29119 Marg.Rd 55.10 55.10 126381 09/04/2008 000277 S & S ARTS & CRAFTS INC Misc Supplies: Tiny Tots pgrm 72.06 72.06 126382 09/04/2008 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 87.00 87.00 LIGHTING 126383 09/04/2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,043.94 1,043.94 126384 09/04/2008 006815 5AN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 126385 09/04/2008 011511 SCUBA CENTER TEMECULA TCSD Instructor Eamings 756.00 756.00 126386 09/04/2008 012243 SENG, SARA Reimb: Accela Conf. B/19-8/22 95.34 95.34 126387 09/04/2008 012129 SHAKESPEARE IN THE VINES Romeo & Juliet performance 6/22-23/08 669.53 869.53 126388 09/04/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2008058526 344.97 344.97 126389 09/04/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment 100.00 100.00 126390 09/04/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 8/28/08 504.00 Jazz @ the Merc 8/21/08 441.00 945.00 126391 09/04/2008 004460 SILVERADO BLUEGRASS BAND Performance:hat summer nights 8/29 750.00 750.00 126392 09/04/2008 000645 SMART & FINAL INC Misc supplies:FAM pgrm 96.77 Misc supplies:aquaticsvo/unteer pgrm 432.31 529.08 PageB apChkLst 09/04/2008 1:23:21PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK QF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126393 09/04/2006 000537 SO CALIF EDISON Aug 2-30-520-4414 Tem. Pkwy 95.18 Aug 2-29-295-3510 Walf Vlly 1,733.97 Aug 2-29-953-8062 Wolf Valley 20.17 Aug 2-29-953-8249 Walf Crk Dr PED 17.52 Aug 2-25-393-4681 TES Paal 694.97 Aug 2-29-953-8447 Wlf Vlly Rd PED 15.82 Aug 2-29-657-2332 Redwood Rd PED 16.39 Aug 2-30-220-8749 Walf Creek Dr 480.86 3,074.88 126394 09/04/2006 001212 SO CALIF GAS COMPANY Aug 129 582 9784 3 FOC 40.34 Aug 101-525-1560-6 Fire Stn 73 74.27 Aug 091-065-1632-0 T.E.S. Pool 22.80 137.41 126395 09/04/2008 002503 SOUTH COAST AIR QUALITY Rule 1415 reg. pln fees:CRC 112.30 112.30 126396 09/04/2006 000519 SOUTH COUNTY PEST CONTROL pest control: Redhawk Pkwy/Wolfe B/6 94.00 94.00 INC 126397 09/04/2008 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 11,272.66 11,272.66 COMPANY 126398 09/04/2006 009452 STRAW N, WILLIAM R. Reimb:suppliesfarTheater 51.12 51.12 126399 09/04/2008 012186 STRONG FAMILIES TCSD Instructor Earnings 14.00 14.00 126400 09/04/2008 011667 T & T JANITORIAL INC Jul janitorial srvcs:City facilities 7,301.76 7,301.76 126401 09/04/2008 000305 TARGET BANK BU5 CARD SRVCS Digital camera:b&s department 143.80 Misc Supplies: SMART program 4.89 Misc Supplies: SMART program 10.75 Misc Supplies: SMART program 32.08 191.52 126402 09/04/2006 001547 TEAMSTERS LOCAL 911 Union dues Payment 5,394.00 5,394.00 126403 09/04/2006 000316 THORNHILL, GARY Retirement Medical Payment 703.00 703.00 126404 09/04/2008 003862 THY55ENKRUPP elevator testing:maint facility 8/20 176.25 176.25 ELEVATOR.BRNCH 37 126405 09/04/2008 000319 TOMARK SPORTS INC Misc equip:sparts pgrm 1,622.66 1,622.66 126406 09/04/2008 010347 TRIPLE THREAT ACADEMY TCSD Instructor Eamings 700.00 700.00 Page apChkLst Final Check List Page: 10 09/04/2008 1:23:2 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126407 09/04/2008 010526 TUCKER, DON 6/30-9/05/08 trolley srvcs:old town 800.00 800.00 126408 09/04/2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 126409 09/04/2008 004147 VAUGHN IRRIGATION SERVICES emerg pump repair:duck pond 254.48 INC emerg pump repair:duck pond 1,406.43 1,662.91 126410 09/04/2008 004261 VERIZON Aug xxx-9897 general usage 87.94 87.94 126411 09/04/2008 010245 VILLA, DOLORES Retirement Medical Payment 585.88 585.68 126412 09/04/2008 012249 VOLTAIRE, ANGELIQUE release claims agreement pmt 179.00 179.00 126413 09/04/2006 004624 VOLVO ROAD MACHINERY INC City veh repair & maint:pw maint div 290.09 290.09 126414 09/04/2008 001890 VORTEX DOORS Bay door repairs: stn 84 174.95 174.95 126415 09/04/2008 001342 WAXIE SANITARY SUPPLY INC custodial supplies: crc/city hall/fac 591.18 591.18 126416 09/04/2008 003730 WEST COAST ARBORISTS INC 7/1-15/06 tree trimming srvcs:citywide 120.00 120.00 126417 09/04/2008 000339 WEST PUBLISHING CORP Law Library Judicial Updates: City Clerk 284.48 284.48 126418 09/04/2008 000621 WESTERN RIVERSIDE COUNCIL FY 08/09 Clean Cities Coalition 10,000.00 10,000.00 OF 126419 09/04/2008 011184 WESTRUX INTERNATIONAL INC. City veh repair & maint:pw maint div 427.50 City veh repair & maint:pw maint div 1,345.93 1,773.43 126420 09/04/2008 002109 WHITE CAP INDUSTRIES INC Maint supplies: stn 84 969.20 969.20 126421 09/04/2008 000230 WILLDAN FINANCIAL SERVICES Jul-yep assessment eng:tcsd 5,666.78 5,666.78 126422 09/04/2008 010193 WOOLSTENHULME, LUCIA TCSD Instructor Eamings 236.60 TCSD Instructor Eamings 392.00 628.60 126423 09/04/2008 012250 YOUNG, TISH MARIE TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 318.50 1,347.50 Page:10 apChkLst D9/D4/2DD8 1:23:21 PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 126424 09/04/2008 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description reimb:l0/4/OB encore event supplies Amount Paid 126.84 Grand total for UNION BANK OF CALIFORNIA: Page: 11 Check Total 126.84 662,994.69 Page:1 1 apChkLst Final Check List Page: 12 D9/D4/2DD8 1:23:21PM CITY OF TEMECULA 143 checks in this report. Grand Total All Checks: 662,994.69 Page:12 apChkLst 49/11/2DD8 2:33:41PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1125 09/16/2008 005460 U S BANK 2001 COP Debt 5rvc Prnt 380,357.35 380,357.35 126425 09/05/2008 000175 GOVERNMENT FINANCE Budget award app/. fee: Finance 500.00 500.00 OFFICERS 126426 09/11/2008 009604 12MILESOUT.COM Council mtg video secs: Info Sys VOID VOID 126427 09/11/2008 004973 ABACHERLI, LINDI TCSD instructor earnings VOID VOID 126428 09/11/2008 004765 ACTIVE NETWORK INC, THE AGS software maint: Info Sys VOID VOID 126429 09/11/2008 011937 ADDISON EQUIPMENT RENTAL Jul canst svcs:TCC expansion VOID VOID 126430 09/11/2008 008552 ADKINS DESIGN CONSULTING Aug graphic design svcs:Theater VOID VOID 126431 09/11/2008 012270 ADNER, FRED reimb:SROC Cf San Diego 8/25-28 VOID VOID 126432 09/11/2008 012283 ADVANCED ANTLYTICAL INC Control 2009296 Pager Sys:Library VOID VOID 126433 09/11/2008 009374 ALLEGRO MUSICAL VENTURES Piano maint svcs: Theater 140.00 140.00 126434 09/11/2008 009033 ALLEN, STEVEN L. photography svcs: TCSD 300.00 300.00 126435 09/11/2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 450.00 450.00 126436 09/11/2008 000936 AMERICAN RED CROSS mist supplies: Aquatics Pgrm 24.00 24.00 126437 09/11/2008 000101 APPLE ONE INC temp help ppe 6/23: Tuley-Fuson 600.80 temp help ppe 8123: Wilson, L 1,356.67 1,957.47 126438 09/11/2008 011237 ARROW CHARTER LINES INC transportation svc: Clt Arts 4/13 683.38 883.38 Page:1 apChkLst 09/11/2008 2:33:41PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126439 09/11/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Council 9.19 Bottled wtr svcs: Aquatics 79.98 Bottled wtr svcs: Aquatics 35.16 Bottled wtr svcs: PBSP 8.61 Bottled wtr svcs: Library 51.47 Bottled wtr svcs: Theater 66.79 Bottled wtr svcs: TCC 22.14 Bottled wtr svcs: Ch Museum 39.47 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: TV Museum 40.07 Bottled wtr svcs: CRC 140.06 Bottled wtr svcs: West Wing 166.42 Bottled wtr svcs: City Hall 337.26 Bottled wtr svcs: Fld Op Ctr 206.41 1,213.64 126440 09/11/2006 003203 ARTISTIC EMBROIDERY T-shirts: FIT Program 1,930.99 Staff uniform shirts: TCSD 342.73 Recognition Gift:Emp Retirement 86.20 2,359.92 126441 09/11/2008 003376 ARTS COUNCIL, THE Camm Grant:'08Ann'I Arts Festival 20,000.00 20,000.00 126442 09/11/2008 011961 AT&T MOBILITY Aug 4070/3465 cellular usage 143.16 143.16 126443 09/11 /2008 002648 AUTO CLUB OF SOUTHERN Membership: 15453620 LR 47.00 CALIF Membership: 25866902 MM 47.00 94.00 126444 09/11/2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 385.00 385.00 126445 09/11/2006 012273 BOGGESS, ADAM refund: "Mondayw/a Mad Genius" 14.99 14.99 126446 09/11/2006 008937 BOYATT, KELLY Refund:"Caillou's Playschool Adv" 14.95 14.95 126447 09/11/2008 010817 BURNS, DAVID Pertormance:Hot Summer Nights 600.00 600.00 126448 09/11/2008 012274 BUTLER, SUMMER refund: TCSD classes 384.00 384.00 126449 09/11/2008 006906 C C & COMPANY INC deposit entrtmnt:harvest carnival 350.00 350.00 126450 09111 /2006 003136 GAL MAT PW patch truck materials 161.89 PW patch truck materials 560.71 PW patch truck materials 88.36 PW patch truck materials 324.33 1,135.29 Paget apChkLst 09/11/2008 2:33:41PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126451 09/11/2006 012276 CAL PASEO DEL SOL LLC, G/O refund:LD99-079GR:TM24136 995.00 NEWLAND COMMUNITIES refund: LD99-200G R:TM24187-1,2,3 995.00 1,990.00 126452 09/11/2006 005364 CALIF BAGEL BAKERY & DELI rfrshmnts: Civic Ctr Mtg 8/26 32.33 32.33 126453 09/11/2008 004248 CALIF DEPT OF JUSTICE- DUI & drug screenings: Police 2,170.00 2,170.00 ACCTING 126454 09/11/2008 011657 CALIF STATE OF PUBLIC '08 CalPers Educ Forum 10/27-29 275.00 275.00 EMPLOYEE 126455 09/11/2008 010434 CATERERS CAFE rfrshmnts: Sister City Pgrm 8/5 499.41 499.41 126456 09/11 /2008 000137 CHEVRON AND TEXACO City vehicles fuel: CM 533.83 City vehicles fuel: Police 1,460.16 1,993.99 126457 09/11/2006 004609 CINTAS DOCUMENT Jul doc shred svc: Citywide 132.50 MANAGEMENT Jul doc shred svcs: Citywide 77.50 210.00 126458 09/11/2006 012277 COLSON & COLSON ref:LD05-012GR:TM29639-1:1ot 7 995.00 995.00 CONSTRUCTION 126459 09/11/2006 000442 COMPUTER ALERT SYSTEMS 1st qtr fire/security svc:Gitywide 3,330.00 credit:Skate Pk alarm svcs 1st qtr -120.00 1st qtr alarm svc: Stn 95 165.00 3,375.00 126460 09/11/2008 000442 COMPUTER ALERT SYSTEMS refund:Fire Plan Check F08-0340 340.00 340.00 126461 09/11/2008 006303 CONDUIT NETWORKS, INC ShareGare support 1 yr:lnfa Sys 2,019.88 Network consulting svcs: Info Sys 3,420.00 5,439.68 126462 09/11/2008 010650 CRAFTSMEN PLUMBING & HVAC Ice Machine repair: Stn 73 652.00 652.00 INC 126463 09/11/2008 002990 DAVID TURCH & ASSOCIATES Jul-Aug Federal Lobbyist svc:CM 7,000.00 7,000.00 126464 09/11/2006 002701 DIVERSIFIED RISK/HUB INT'L Aug Special Events Premiums 1,600.43 1,600.43 Page3 apChkLst 09/11/2008 2:33:41PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126465 09/11/2008 004192 DOW NS COMMERCIAL FUELING Fuel for City vehicles:TCSD/PW 108.86 INC Fuel for City vehicles: B&5 374.91 Fuel for City vehicles: Code Enf/PIn 772.64 Fuel for City vehicles: PW Lnd Dv 575.70 Fuel for City vehicles: PW CIP 142.70 Fuel for City vehicles: PW Maint 2,213.23 Fuel for City vehicles: Police 27.69 generator diesel fueI:CRC 1,209.54 generator diesel fuel:CH & FOC 1,484.27 6,909.54 126466 09/11/2008 009594 DULCHICELLA Performance:Hot Summer Nights 650.00 650.00 126467 09/11/2008 000395 ECONOMIC DEVELOPMENT EDC gtrly mtg 9/25:Edwards, M 40.00 40.00 CORP 126468 09/11/2008 004829 ELLISON WILSON ADVOCACY Sept State Lobbyist svc: CM 3,500.00 3,500.00 LLC 126469 09/11/2008 011203 ENVIRONMENTAL CLEANING Aug Janitorial Svc: Parks 5,315.00 5,315.00 126470 09/11/2008 001056 EXCEL LANDSCAPE Aug Idscp maint: City Facilities 9,685.00 Aug Idscp maint: north slopes 28,494.00 Aug Idscp maint: south slopes 41,885.00 Aug Idscp maint:Sporks Parks 43,040.00 Aug Idscp maint: Medians 14,987.00 138,091.00 126471 09/11/2008 000165 FEDERAL EXPRESS INC 8/15 express mail svcs: Citywide 705.18 705.18 126472 09/11/2008 011463 FETHEROLF, LOUIS Perfannance:Hot Summer Nights 500.00 500.00 126473 09/11/2008 012205 FINAZZO, ALEXANDER J Performance:Hot Summer Nights 500.00 500.00 126474 09/11/2008 003747 FINE ARTS NETWORK sttlmnt: Lost in Yonkers 9/5-9/7 1,285.10 1,285.10 Page:4 apChkLst Final Check List Page: 5 D9/11/2DD8 2:33:41PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126475 09/11/2008 003347 FIRST BANKCARD CENTER PAYPAL GR Verisign Payflow Pro Transaction 59.95 SPRINT GR Bluetooth Headset 66.33 HILTON RR HtI:SCAG Conf LA 8/6 121.00 HERTZ RENT-A-CAR RR car rental:Trns Cf 8/12-14 Irving 225.18 LINDBERGH PARKING SAN RR Airprt Prkg:Trnspt Cf 8/12-14 66.00 DIEGO OMNI HOTELS RR htl:Trnspt Cf 8/12-14 Irving TX 345.00 IRVING TRANSPORTATION RR meal:Trnspt Cf 6/12-14 Irving 45.00 JOHNSTONE SUPPLY HP misc parts: TCSD Maint 22.86 MOVIE EXPERIENCE, THE HP movie tix:Summer Day Camp 461.00 MOVIE EXPERIENCE, THE HP movie tix:Summer Day Camp 391.50 ONTARIO AIRPORT HP Prkg:CPRS Director's Cf 7/31 51.00 EM BA55Y SUITES HOTEL HP htI:CPRS Director's Cf 7/31 Scmnta 404.56 LINEAR INDUSTRIES LTD HP exhibit supplies:Ch Museum 214.83 5OUTHWESTAIRLINES JC Airfiare:Ntl Lg Cities Cf Ltl Rock 377.00 JOE'S CRAB SHACK HP meaI:CPRS Director's Cf 7/31 21.62 MOVIE EXPERIENCE, THE HP movie tix:Summer Day Gamp 64.50 JOHNSTONE SUPPLY HP misc parts: TGSD Maint 96.49 SOUTH GOAST WINERY, INC. GY regist:Comm Recg dinner 10/16 1,000.00 SWING INN CAFE GY rfirshmnts:TCC mtg 8/13 16.21 4,112.03 126476 09/11/2008 001989 FOX NETWORK SYSTEMS INC misc equip: Info Sys 341.70 misc equip: Info Sys 113.12 454.62 126477 09/11/2008 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live at the Merc 9/5 94.50 94.50 126478 09/11 /2006 004514 G T S I CORP memory upgrades: Info Sys 360.05 380.05 126479 09/11/2006 012276 GALLERY HOMES ref:LD99-101GR:TM23513 (151ots) 995.00 995.00 126480 09/11/2008 001937 GALL5INC Uniforms: PaliceValunteers 7.50 7.50 126481 09/11/2008 011376 GENEVA SCIENTIFIC INC pet waste bags: TCSD Parks 604.50 604.50 Page:S apChkLst Final Check List Page: 6 09/11/2008 2:33:4 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Uescriptian Amount Paid Check Total 126482 09/11/2008 012066 GEOGON INLAND EMPIRE ING Jul Geotech Svcs:Pchga Pkwy li 907.50 907.50 126483 09/11/2008 003792 GRAINGER Credit: Returned Items -2.52 Misc Supplies: Theater 122.68 Misc Supplies: Theater 145.20 credit: returned items -3.56 261.80 126484 09/11/2008 008361 GRAPE STOMPERS 50 DANCE TCSD instructor earnings 7.00 CLUB TCSD instructor earnings 28.00 TCSD instructor earnings 17.50 TCSD instructor earnings 24.50 TCSD instructor earnings 14.00 TCSD instructor earnings 21.00 TCSD instructor earnings 25.20 TCSD instructor earnings 24.50 161.70 126485 09/11/2008 012279 GUNDERSON, JOHN K. ref:LD96-116GR:TM9833-3:1ot 4 995.00 995.00 126486 09/11/2008 000520 H D L COREN & GONE INC Jul-Sept property tax cnslt:Finance 5,000.00 5,000.00 126487 09/11/2008 005311 H2O CERTIFIED POOL WATER Jul CRC/TES pawl secs & supplies 900.00 900.00 SPCL. 126488 09/11 /2008 000378 HAFELI, THOMAS reimb: power supply Library 161.88 161.88 126489 09/11/2008 000186 HANKS HARDWARE INC Hardware supplies: Theater 270.59 Hardware supplies: PW Maint 586.75 Hardware supplies: PW Traffic 194.59 Hardware supplies: TCC 29.71 Hardware supplies: MPSC 116.32 Hardware supplies: Parks 581.09 Hardware supplies: TV Museum 25.06 Hardware supplies: Maint Facility 32.06 Hardware supplies: City Hall 212.05 Hardware supplies: Library 21.54 Hardware supplies: CRC 239.86 Hardware supplies: Ch Museum 53.25 2,362.87 126490 09/11/2008 004188 HARRIS & ASSOCIATES Jul Eng 5vcs:Pavement Rehab 14,090.00 14,090.00 126491 09/11/2008 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 180.00 180.00 GROUP INC 126492 09/11/2008 004811 HEWLETT PACKARD Hp Procurve Switch: Info Sys 1,858.69 1,856.69 Pages apChkLst 09/11/2008 2:33:41PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126493 09/11/2006 004833 IMPERIAL PAVING COMPANY ING Asphalt repairs:Meadows Pkwy 7,106.00 Asphalt repairs:Mrgta/R Cal 15,021.00 Asphalt repairs:Meadows/R Cal 11,294.00 Asphalt repairs:R Vista/Ynez 29,600.00 63,023.00 126494 09/11/2008 011226 INLAND PLANNING AND DESIGN Jul Cnslt Svcs: Old Town 3,500.00 3,500.00 ING 126495 09/11/2006 006914 INNOVATIVE DOCUMENT Jul copier maint/repair: Citywide 3,690.44 3,890.44 SOLUTIONS 126496 09/11/2006 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:CRC/TES 267.91 287.91 ING 126497 09/11/2006 001166 IRWIN, JOHN TCSD instructor earnings 662.00 TCSD instructor earnings 568.40 1,450.40 126498 09/11/2006 010426 IT'S A DOGS WORLD K-9 TCSD Instructor Eamings 700.00 700.00 ACADEMY 126499 09/11/2006 009393 J M DIAZ INC Jul design svcs:Temecula Pkwy 80.00 Jul design svcs:Meadaws/McCabe 380.00 460.00 126500 09/11/2006 011834 JAVID M KHAZAFLI Peffannance:Hot Summer Nights 650.00 650.00 126501 09/11/2008 012271 JONES, MYRA refund:security dep RRSP 8/31 150.00 150.00 126502 09/11/2008 000820 K R W & A55OCIATES Jul-Aug eng plan check svc:PW 2,365.00 2,365.00 126503 09/11/2006 012246 KALANTAR, NICHOLIS me svc:Youth Film Fest 9/19-20 730.00 730.00 126504 09/11/2006 002424 KELLEY DISPLAY ING Banner purch/maint: Eton Dev 1,726.37 1,726.37 126505 09/11/2006 012266 KELLEY, MATTHEW WAYNE TCSD Instructor Eamings 125.00 125.00 126506 09/11/2008 004481 KIMLEY HORN & ASSOCIATES Jul Santiago Det Basin:PW06-12 3,248.85 3,248.85 INC 126507 09/11 /2008 000488 KNOTTS BERRY FARM Excursion: Teen Day Camp 99.96 99.96 126508 09/11/2008 012229 LANE, PAULA Pefformance:Hot Summer Nights 500.00 500.00 126509 09/11/2006 003726 LIFE ASSIST ING mist medical supplies: Paramedics 3,092.20 3,092.20 Page:7 apChkLst Final Check List Page: 8 09/11/2008 2:33:4 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Uescriptian Amount Paid Check Total 126510 09/11/2006 012272 LOPEZ, JULIET refund: "The Tigger Movie" 7.95 7.95 126511 09/11/2008 004141 MAINTEX INC Custodial supplies:West Wing 764.98 Custodial supplies:City Hall 1,016.47 Custodial supplies:Parks 643.66 Custodial supplies:CRC 647.87 3,274.98 126512 09/11/2006 004929 MARK FISHER COMPANY, THE Film Festival Prgm ad design:Econ Dev 367.00 387.00 126513 09/11 /2008 012269 MAROUEZ, JOSEPH reimb:SROC Cnf San Diego 8/25-28 166.70 166.70 126514 09/11/2008 002046 MASTER K 9 INC Aug Training For Police K-9 100.00 Jul Training For Police K-9 100.00 200.00 126515 09/11/2008 006571 MELODY'S AD WORKS Sept consulting srvcs:ald town 3,000.00 reimb expenses:Aug O.T. events 47.63 3,047.63 126516 09/11/2006 007210 MIDORI GARDENS Jul Idscp srvcs: Gity parks 72,326.86 credit:billing adjustment -2,221.86 70,105.00 126517 09/11/2006 007669 MILES, KATRINA TCSD Instructor Eamings 441.00 TCSD Instructor Eamings 231.00 672.00 126518 09/11/2006 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 100.00 100.00 126519 09/11/2008 010908 MR APPLIANCE OF WINCHESTE R Appliance repair: stn 92 239.87 239.87 126520 09/11/2008 008820 NEIGHBORS NEWSPAPER Jul advertising:hot summer nights 250.00 Aug advertising:hot summer nights 250.00 500.00 126521 09/11 /2008 010504 NEXTEL COM MUNICATIONS Jul 26 -Aug 25 cellular equip 748.79 748.79 126522 09/11/2006 009337 NOLTE ASSOCIATES INC Jul eng design srvcs:ped bridge 4,467.09 4,467.09 126523 09/11/2006 002139 NORTH COUNTY TIMES Aug recruitment ads: Human Resources 1,715.02 1,715.02 126524 09/11 /2008 002139 NORTH COUNTY TIM E5 Aug newspaper subscr:mpsc 18.90 18.90 126525 09/11/2008 003964 OFFICE DEPOT BUSINE55 SVS misc office supplies:pd old fawn 704.37 DIV misc office supplies:pd mall 163.27 867.64 126526 09/11/2008 006721 OFFICEMAX INCORPORATED misc office supplies:finance 235.68 Office equip:theater 213.77 449.45 PageB apChkLst Final Check List Page: 9 09/11/2008 2:33:4 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126527 09/11/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Traffic 235.77 City Vehicle Maint Svcs:PW NPDES 124.23 City Vehicle Maint Svcs:PW NPDES 296.80 City Vehicle Maint Svcs:PW Land Dev 153.27 City Vehicle Maint Svcs:PW Land Dev 36.27 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW Land Dev 208.96 City Vehicle Maint Svcs:PW Maint 79.37 1,170.94 126528 09/11/2008 012280 PACITTO, PETER ref:LD99-112GR:TM 9833-3:1ot 12 995.00 995.00 126529 09/11/2008 001999 PITNEY BOWES 6/16-9/15/08 postage meter: fs 84 96.94 9/16-12/15/08 postage meter: fs 84 105.55 202.49 126530 09/11/2008 010338 POOL & ELECTRICAL PRODUCTS pawl supplies/chemicals: aquatics 207.45 207.45 INC 126531 09/11/2008 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 220.50 220.50 126532 09/11/2008 002354 POSITIVE PROMOTIONS INC Educational materials:Human Resources 186.40 186.40 126533 09/11/2008 006084 POWER DISTRIBUTORS INC electrical supplies:sports parks 1,326.71 1,326.71 126534 09/11/2008 000254 PRESS ENTERPRISE COMPANY Aug recruitment ads: Human Resources 2,234.96 INC Jul advertising:tcsd paver campaign 314.29 2,549.25 126535 09/11/2008 003697 PROJECT DESIGN 6/2-B/3 Dsgn:Murr Crk Bridge/Ovrlnd Dr. 16,514.42 16,514.42 CONSULTANTS 126536 09/11/2008 004627 PUBLIC SAFETY TECHNOLOGIES Equip Repair & Maint:Police 75.00 INC Equip Repair & Maint:Police 75.00 150.00 126537 09/11/2008 004529 QUAID TEMECULA HARLEY- Aug repair & maint:pd motorcycles 3,929.49 3,929.49 DAVIDSON 126538 09/11/2008 010281 RAINBOW RACING SYSTEM INC Runners Bibs for F.I.T. 5K/10K 216.25 216.25 126539 09/11/2008 002176 RANCHO CALIF BUS PK ASSOC Oct-Dec Bus. park assoc. dues:FOC 1,051.03 Oct-Dec Bus. park assoc. dues:Diaz 1,751.72 Oct-Dec Bus. park assoc. dues:C.H. 1,273.98 4,076.73 126540 09/11 /2008 000262 RANCHO CALIF WATER DISTRICT Aug 01-08-38009-0 T.C.C. 121.44 Various Water Meters 3,008.77 3,130.21 Page apChkLst D9/11/2DD8 2:33:41PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126541 09/11/2008 011853 RANCON COMMERCE GNTR Oct-Dec business assn dues:FS 73 524.84 524.84 PH2,3&4 126542 09/11/2008 000271 RBF CONSULTING Jul constr support srvcs:old town prof 6,123.33 6,123.33 126543 09/11/2008 003517 REBEL EQUIPMENT RENTAL ref:LD99-223GR:PM21383:1ots12-13 995.00 995.00 126544 09/11/2008 002110 RENTAL SERVICE Equip rental: pw maint div 17.50 17.50 CORPORATION 126545 09/11/2008 012148 RICHARDSON TECHNOLOGIES HVAC prey maim: Fire Stn 73 120.00 INC HVAC repair: city hall pw office 274.50 HVAC unit repair: finance dept 276.00 HVAC repair & maint:phbsp 185.00 HVAC repair & maint:harveston park 120.00 HVAC prey maint: Fire Stn 92 325.00 1,300.50 126546 09/11/2008 001097 ROADLINE PRODUCTS INC Misc supplies:pw maint stencil crew 411.97 411.97 126547 09/11 /2008 000873 ROBERTS, RONALD H. rb:Trnsprt Summit Irvine 8/12-14 61.14 61.14 126548 09111 /2008 005073 ROCKY ZHARP Pefformance:hot summer nights 6/22 500.00 500.00 126549 09/11 /2008 012260 ROSS, TATIANA Reimb:Accela Canf Vegas 8/19-23 207.95 207.95 126550 09/11/2008 012275 ROW E, GEOFFREY refund:sec.deposik/CRC 08/26 150.00 150.00 126551 09/11/2008 000277 S & S ARTS & CRAFTS INC Misc Supplies: Tiny Tots pgrm 123.44 123.44 126552 09/11/2008 010591 SALAS, MOSES reimb:SROG Cnf San Diego 8/25-28 91.45 91.45 126553 09/11/2008 008515 5AM DE FAZIO'S GOODTIME Pefformance:seniarswing dance 9119 400.00 400.00 BAND 126554 09/11/2008 000278 5AN DIEGO UNION TRIBUNE Aug recruitment ads: Human Resources 1,582.24 1,582.24 126555 09/11/2008 012254 SANDY'S CARPET REMNANT rug binding/felting:fs 84 108.10 108.10 STORE 126556 09!11/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 9.!4/08 493.50 493.50 Page:10 apChkLst Final Check List Page: 11 49/11/2448 2:33:41PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 126557 09!1112008 000645 SMART & FINAL INC (Continued) Description Amount Paid Misc recreation supplies:mpsc 128.20 Check Total 126.20 126558 09/11/2008 000537 50 CALIF EDISON Aug 2-00-397-5067 various mfrs 1,643.47 Sept 2-30-606-9384 Harveston Dr 360.65 Aug 2-00-397-5042 Gity Hall 9,178.36 Aug 2-29-479-2981 Temecula Pkwy 96.35 Aug 2-29-974-7566 Ynez Rd TC-1 53.06 Aug 2-29-974-7899 Ynez Rd LS-3 41.35 Sept 2-01-202-7603 arterial st lights 25,453.68 Sept 2-01-202-7330 various mfrs 69,616.08 Sept 2-05-791-8807 various mtrs 9,153.63 Aug 2-29-458-7546 Wolf Crk PED 72.07 Aug 2-28-629-0507 Library 13,088.46 Aug 2-10-331-2153 TCC 2,052.88 Aug 2-29-657-2563 Various Meters 134.69 Aug 2-02-502-8077 Maint Fac 2,639.17 Aug 2-27-805-3194 Theater 7,483.33 Aug 2-20-798-3248 C. Museum 2,268.13 Sept 2-30-066-2889 Rancho Vista PED 18.65 143,354.01 126559 09/11/2008 001212 SO CALIF GAS COMPANY install gas srvc:O.T. Parking Structure 1,646.88 1,646.88 126560 09/11 /2008 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:Code Enf 8/B 94.00 INC Pest control srvcs:Cade Enf 8/27 84.00 Aug pest control srvcs:Fire Stn 73 48.00 pest control srvcs: Fire Stn 92 42.00 pest contral:Tem.Citizens Corp. fac. 48.00 316.00 126561 09/11/2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:children's museum 159.05 Misc recreation supplies:mpsc 38.48 197.53 126562 09/11 /2008 010679 TEM ECULA AUTO City veh repair & maint:fire prevention 110.36 110.36 REPAIR/RADIATOR 126563 09/11 /2008 008292 TEMECULA DIESEL AUTO & City veh repair & maint:pw maint 48.00 48.00 TRUCK 126564 09/11/2008 000168 TEMECULA FLOWER CORRAL Sunshine fund 135.66 135.66 126565 09/11/2008 010848 TEMECULA PLANTSCAPE Aug plantscape srvcs:library 400.00 400.00 126566 09/11/2008 011736 TEMECULATROPHYINC nametag:C.Walker 8.57 recognition award:G.Papagolos 61.14 nameplate:G.W atts 9.16 98.87 Page:i 1 apChkLst Final Check List Page: 12 09/11/2008 2:33:4 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 126567 09/11/2008 000306 TEMECULA VALLEY PIPE & Aug irrigation/plumbing supplies: parks 4.85 4.65 SUPPLY 126568 09/11 /2008 005970 TEMECULA VALLEY PLAYERS damn Yankees pefformance 8/29-9/7/08 6,336.52 6,338.52 126569 09/11/2008 003941 TEMECULAWINNELSON plumbing supplies: crc 30.76 30.76 COMPANY 126570 09/11/2008 012281 TEMEKU HILLS DEVELOPMENT ref:LD97-083GR:TR23371-6 995.00 ref:LD99-103GR:TM28482 995.00 1,990.00 126571 09/11/2008 006918 THORSON, TIM Reimb:Accela Cf Las Vegas 8/19-20 30.00 30.00 126572 09/11/2008 003862 THYSSENKRUPP AdaPhone:TheaterElevatar 1,200.00 1,200.00 ELEVATOR.BRNCH 37 126573 09/11/2008 008894 TIDWELL, RODNEY reimb:uniforms/PW Maint 129.17 129.17 126574 09/11/2008 000668 TIMMY D PRODUCTIONS INC Sound tech:teen concert 8/15 600.00 Pefformance:superfreakband8/14 1,500.00 2,100.00 126575 09/11/2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs: FIT Finale 9/14/08 600.00 600.00 126576 09/11/2008 004576 TRINITY WORKPLACE LEARNING 8/1/08-7/31/09 Fetn Subscr:Fire 4,210.13 4,210.13 126577 09/11/2008 012088 TUSCAN FLOORING bal.due/carpet: Fire Stn 84 2,880.00 2,880.00 126578 09/11/2008 010276 TW TELECOM Sept high speed Internet City Hall 183.38 183.38 126579 09/11 /2008 005460 U S BANK admin fees:RDA series 02/06 bonds 6,425.00 6,425.00 126580 09/11/2008 007766 UNDERGROUND SERVICE ALERT Aug undrgrnd svcs alert tickets:PW 264.00 Jul undrgrnd svcs alert tickets:PW 238.50 502.50 126581 09/11/2008 008517 UNITED SITE SERVICES OF 6/14-9/10/OS Fence Rental:Main St Bridge 26.40 26.40 CA, I NC 126582 09/11/2008 010169 UNITED TOWING SERVICE, INC Towing services-Police 250.00 250.00 126583 09/11/2008 004864 V N W CIRCLE OF CARE INC Council Community Srvc Funding 1,000.00 1,000.00 Page:12 apChkLst Final Check List Page: 13 09/11/2008 2:33:4 1PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued} Check # Date Vendor f)escriptian Amount Paid Check Total 126584 09/11/2008 004147 VAUGHN IRRIGATION SERVICES fountain pump repair:duck pond 1,942.01 1,942.01 INC 126585 09111 /2008 004261 VERIZON Aug xxx-1540 Old Town Prk Lot 67.94 Aug xxx-5509 general usage 144.37 Aug xxx-0049 general usage 45.10 Aug xxx-1999 general usage 39.14 Aug xxx-6620 general usage 32.87 Aug xxx-51 BO 79S Irrg Cntr 36.91 Aug xxx-8900 GIS Library 624.39 Aug xxx-4200 general usage 877.67 Aug xxx-7530 GI5 Library 417.63 2,506.02 126586 09/11/2008 004279 VERIZON CALIFORNIA INC. Aug access-CRC phone line 356.48 Aug access-C. Mus.phone line 658.82 1,015.30 126587 09/11/2008 001890 VORTEX DOORS Daor repair:police storefront 670.11 670.11 126588 09/11/2008 010283 W B PRODUCTIONS Deposit/timing srvcs:FlT 5 k run 9114 2,000.00 2,000.00 126589 09/11/2008 012282 WEIR, GEORGE ref:LD96-164GR:PM11984:par2 995.00 995.00 126590 09/11/2008 003730 WEST COASTARBORISTSINC B/1-15/OStreetrimrningsrvcs:citywide 2,014.00 Tree maint srvcs:corte veranos 560.00 2,574.00 126591 09/11/2008 005706 WESTERN PACIFIC SIGNAL LLC Conflict manitortester: PW Traffic 11,565.38 11,565.38 126592 09/11/2008 000621 WESTERN RIVERSIDE COUNCIL Aug '08 TUMF Payment 95,480.26 95,480.26 OF 126593 09/11/2008 008402 WESTERN RIVERSIDE COUNTY Aug '08 MSHCP payment 13,020.00 13,020.00 126594 09/11/2008 002109 WHITE CAP INDUSTRIES INC Misc maint supplies: PW Maint 74.82 74.82 126595 09/11/2008 010193 WOOLSTENHULME, LUCIA TCSD Instructor Eamings 148.40 TCSD Instructor Eamings 79.10 227.50 126596 09/11/2008 009173 WORD MILL PUELISHING Sept Advertising:Ghildren's Museum 375.00 375.00 Grand total far UNION BANK OF CALIFORNIA: 1,156,619.42 Page:13 apChkLst Final Check List Page: 14 49/11/2448 2:33:41PM CITY OF TEMECULA 173 checks in this report. Grand Total All Checks: 1,156,619.42 Page:14 ITEM R1C~. 4 Approvals ~Q City Attorney s~~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 23, 2008 SUBJECT: Approve the Sponsorship Request and Funding Agreement for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure PREPARED BY: Gloria Wolnick, Management Analyst RECOMMENDATION: That the City Council approve the Event Sponsorship and Funding Agreement in the amount of $25,000 cash, city-support costs in the amount of approximately $13,950, and promotional services valued at $11,050 for the Inland Empire Affiliate of Susan G. Komen Race for the Cure®. BACKGROUND: Staff has received a sponsorship request and grant funding request from the Inland Empire Affiliate of Susan G. Komen for the Cure®. The 2008 Komen Inland Empire Race for the Cure® will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 19th, 2008. The City of Temecula hosts many popular events throughout the year that delight thousands of visitors and residents. The Komen Inland Empire Race for the Cure® event increases tourism revenue for the City's restaurants, hotels, retailers and wineries. Due to the fact that this special event promotes tourism in Temecula, the City support services are proposed to come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. 2008 Komen Inland Empire Race for the Cure® Staff has received a request from the Inland Empire Affiliate of Susan G. Komen for the Cure®, to provide City-support costs in the amount of approximately $13,950 and $25,000 cash which will help pay for breast exams, counseling and other services for under served Temecula citizens. In addition, Komen has requested the City to provide an outline and estimated value of promotional services that the City provides for this event. The estimated value of these services is $11,050. The 10th annual Komen Inland Empire Race for the Cure® will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 19, 2008. This event isfamily-oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/Walks, a family one-mile Fun Run/Walk, a new Kids Only Run (10 and younger), live entertainment, exhibits, Kids' Expo, Sleep in for the Cure® and Komen Expo. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. The Race forthe Cure®will serve as a fundraiserforthe Inland Empire Affiliate Susan G. Komen for the Cure®, anon-profit organization that was established in 1996. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. The remaining 25% of the net Race proceeds is designated to Susan G. Komen for the Cure® Foundation Award and Research Grant Program, which funds groundbreaking breast cancer research, meritorious awards and educational and scientific programs around the world. Far the last nine years, the Komen Inland Empire Race far the Cure® has been held in Temecula and proved to be successful. The 2007 Race for the Cure® had 10,799 race participants, 406 Sleep In for the Cure® participants, 481 breast cancer survivors and 700 volunteers. The 2007-2008 Grant Recipients include: Breast Cancer Survivors, Desert Cancer Foundation, Kids Connected, Inland Agency, Michelle's Place, Neighborhood Healthcare, Quinn Community Outreach Corp., and The Foundation for Community and Family Health. Funding forthe recipients totals $652,500. The Inland Empire Affiliate funds non-duplicative, community-based breast health education and breast cancer screening and treatment programs for the medically underserved in Riverside and San Bernardino counties. In 2007, the Inland Empire Affiliate funded $652,500 to local community programs for the medically underserved in Riverside and San Bernardino counties. In addition, $193,647 was awarded to the Susan G. Komen Award and Research Grant Program. Promotion for the 2008 Race for the Cure® consists of newspaper, televisionlradio advertising, Internet blasts, sponsorship packets, entry forms and community outreach. National sponsors include Yoplait, American Airlines, Coldwater Creek, Energizer, Ford, Fuze, New Balance and Quilted Northern. FISCAL IMPACT: The Inland Empire Affiliate of Susan G. Komen Race forthe Cure® funding of $25,000 cash is appropriated in Community Support {Council Discretionary) Account #001-101-999-5285. The City-support costs of $13,950 and costs for promotional services valued at $ 11,050 for the Komen Race for the Cure® event are included in the FY2007-08 Operating Budget of the various support departments. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington) has recommended approval of these amounts. ATTACHMENTS: Inland Empire Affiliate of Susan G. Kamen Race for the Cure® Attachment A -Sponsorship Benefits Attachment B -Estimated City Support Services and Costs Attachment C -Value of City Promotional Services Attachment D - 2008 Race for the Cure® Event Attachment E - 2007 Race for the Cure® Event & Grant Recap Attachment F - 2008 Sponsorship and Funding Agreement ATTACHMENT A CITY OF TEMECULA'S SPONSORSHIP BENEFITS DIAMOND SPONSOR In exchange for providing city-support services of Public Works, Fire and Police valued at an amount not to exceed $13,950, and City promotional services valued at $11,050 for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure, the citizens of the City of Temecula shall receive the following benefits. • City of Temecula Logo on Printed Material: i.e. 500 Race Posters, 150,000 Race Entry Forms • City of Temecula Logo on 12,000 Race T-shirts • City of Temecula Name on all Radio Promotion • Complimentary Booth Space at Expo: 10 x 10 booth space for City of Temecula booth at Expo and 10 x 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo • 4 City of Temecula Banners Displayed • City of Temecula Name in all Press Releases • Complimentary Team Photo • Complimentary Sponsor Appreciation Dinner Tickets (10) • Commemorative Sponsor Award • City of Temecula logo on Inland Empire Komen Web Site • 10 Komen Race Entries and T-shirts • City of Temecula Logo in newspaper."Thank You" Ad • Use of Komen Media Logo with Pre-Approval • Complimentary Team Tailgate Booth The Community Support Funding of twenty-five thousand dollars ($25,000) cash will be allocated to pay for breast exams, counseling and other services for under served. Temecula citizens. Document2 1 11086/0001/105547A-1 ATTACHMENT B ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Inland Empire Susan G. Komen Race for the Cure® event. The following expenses can be anticipated for the event: Police: Rounded to $6,000.00 Total personnel assigned to event: 2 -Sergeant @ $85.31 for 6.0 hours = 1 -Corporal @ $67.18 for 5.5 hours = 4 -Deputies @ $63.09 for 20.0 hours = 8 -Motor Officers @ $63.09 for 41.0 hours = 3 -Community Service Officers @ $43.20 for 21.0 hours= 1 Community Service Officer $1,023.72 0500 - 1200 hrs $ 369.49 0500 - 1130 hrs $1,261.80 0600- 1100 hrs $2,586.69 0500 -1100 hrs $ 907.20 0600 -1100 hrs 0500 - 1200 hrs Fire: Total personnel assigned to event: 4 -Fire Prevention Staff which includes: 1 -Asst. Fire Marshal @ $127.00/hr. 1 -Fire Safety Supervisor @ $76.00/hr. 2 -Fire Safety Inspectors @ $71.00/hr. Public Works: Total personnel assigned to event: 7 -Staff to handle traffic control and Police and event assistance @ $37.59/hr. Trucks - $25.00/hr. TOTAL: $2,100.00 5 850.00 $13,950.00. Documen[2 2 11086/0001/1055424-1 ATTACHMENT C ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for promotional assistance provided by The City of Temecula for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure® is as follows: Item Value City Website $ 2,000.00 Race for the Cure® event listing on City of Temecula website City Cable Station $ 4,550.00 Race for the Cure® slide is part of a program. Slide appears approximately 1 time per hour for 30 seconds. Run time of 9/3/08 -10/19/08 Temecula Auto Mall Marquee $ 4,500.00 Race for the Cure® listing runs approx. once every 4.5 minutes during its run time of 9/3/08 -10/19/08. The sign is on 24 hours. TOTAL: $11,050.00. Document2 3 11086/0001/1055424-1 ATTACHMENT D 2008 RACE FOR THE CURE® EVENT Susan c. -comen FOR THE use ~i Presented by p1~~' NATIONAL SERIES SPONSORS Coldwater Creek F.~e/gize% ~~ 0 ' ~ ~ - newbalance • - . Komen Inland Empire Race for the Cure 2008 Sponsorship Opportunities ____.__ October 19, 2008 www.komenie.org • 951-304-9500 Since its origination in 1982, the Komen Race for the Cure® Series has grown from one local Race with 800 participants in Dallas, Texas, to a series of more than 100 Races. Today, the Race Series is the world's largest and most successful education and fundraising event for breast cancer. Over 1 million race participants aze expected in 2008. The Komen Race for the Cure Series celebrates breast cancer survivorship and honors those who have lost their battle with the disease. For many participants, the Race is much more than just running or walking a SK, it is an act of support, love and commitment to someone who is Teams T.E.A.M. (means "Together Everyone Achieves More," ) and leadership is essential to build a great team. You can organize a team for the Komen Inland Empire Race for the Cure and help save lives and end breast cancer forever! Team participation is essential to the success of the Race. From walking with family, friends and co-workers, to barbecuing in the Team Tailgate area, the memories and support that comes from building a team are priceless. Participating as a team is simple! Designate a team captain and heJshe wit] organize a group of 10 or more individuals. Corporations, agencies, organizations, families, schools, friends, churches, or any combination thereof can form a team. Team T-Shirt Contest There will be 2 awards given, Race Chairs Choice and Community Choice. On Race day, t-shirts will be on display and every dollar put into a clear ballot box is considered a vote (Community Choice Award). The Community Choice Award and the Race Chair Award will be announced at 10:30 a.m. on main stage. Submit your team's T-Shirt to the Kumen office by September 26. Send to: Race for the Cure, c/o Team T-Shirt Contesx, 26765 Madison Ave., #108, Murrieta, CA 92562. or has battled breast cancer. Proceeds from the Komen Race for the Cure Series help fund important breast cancer research and breast health initiatives on a local level. 75 percent of the net proceeds remain in the Inland Empire to help support breast health education, breast cancer screening and treatment programs for the medically underserved. These programs are based upon a "Community Profile" needs assessment performed by each Komen Affiliate. 25 percent of the net proceeds help fund breast cancer research and project grants awarded through Komen Headquarters. Volunteers Susan G. Komen for the Cure is a grassroots, volunteer, survivor and activist organization. We would like to share with you our core values: Inclusion to embrace the uniqueness of every individual Stewardship to be accountable for our performance, individually and collectively Honesty to foster a community of trust and integrity Openness to seek out new ideas and new ways of thinking Passion to demonstrate personal commitment to our Promise Empowerment to entrust others and hold yourself accountable If you share these values, if you have time and talents to share with us, if you would like to "give back" within the Inland Empire, please consider volunteering. Volunteers are the heart and soul of our organization! For additional information or to volunteer, please call 951-304-9500 or email volunteer@komenie.org. V~ithout Breast' Join us for the 2008 Komen Inland Empire Race for the Cure October 19th at The Promenade in Temecula Thank you for being part of the cure. Together we will create a world without breast cancer. sponsor@komenie.org Inland Empire Affiliate of Susan G. Komen for the Cure° 26765 Madison Avenue, Suite 108, Murrieta, CA 92562 Phone: 951-304-9500 Fax: 951-304-9558 www.komenie.org Breast cancer knows no boundaries be it age, gender, socio-economic status or geographic location. Breast cancer affects more than just the patient -friends and family need support, too. The key to survival is early detection. Susan G. Komen for the Cure Race for the Cure 2008 BUdget2008 - INCOME Noies to R ace Bud ef: 38001 S onsorshl s 300000 Goal is $30 0,000 2008 sponsorships 40100 Evem Fee Race En Fees 273000 Race Pletlges 300000 40004 Merchantlise 7000 49019 Omerlncome Expo Boom 0 K4WSCri !Omer 5000 Team Photo 400 Team Tailgate 2500 Tofa/Income 887900 EXPENSE 51000 Advertising 900 52010 Bank ChargesCredit Cards 200 Bank Charges-Omer 100 53000 En Fonns 8500 53100 Race Bibs 3000 53200 Race Course Production Race Course Sanctioning 0 Rxe Course PnMUetion Balloons 1500 T-Shirts 2500 Event ServicesFencing 6300 Event Mana emeM 12500 TCS Radio Group 300 Ri htwa 3500 Allied Traffic 7500 Race Da Electric 5200 Tdni Tents 29000 Rebel Rents 1000 Speakers in Fx o 0 WB Protluctions 13000 Kintere 22000 Tolal Race C ourse PmOUaaon (N04sa0) 115000 53300 Trophies 5000 53400 Sew' 225 55010 Conhact Labor 0 58200 Meetin Costs 750 60510 Gifts and R nition 2500 62015 Insurance 3240 12000 runners ®27 cems 64010 Su plies 500 64520 Banners 500 65510 Postage & Delive 5000 66010 Printing/Gra hits 500 67200 Merohantlise 3500 69010 Rent % 1700 Utllities % 300 70100 Salaries % 13125 Salaries are ai f2.5Y, or Gross 70200 Pa II Taxes %) 1312 (Fxewave Direct« aM Fmnt 70400 Employee Benefits % 600 Olace Associa te) 74510 Telephone % 780 sa,ssz Total Ex ense 154,532 Net Income 738,368 - _ Leslie Ex ense Ratio tax Glone ATTACHMENT E 2007 RACE FOR THE CURE® EVENT & GRANT RECAP Application Page 3 Please respond to the following questions. Event 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. Event --- Komen inland Empire Race for the Cure® Promotional -- Newspaper, TV Radio Advertising, Internet blasts, Sponsorship packets Entry forms & Community Outreach Budget ---See Attached Attendance --15,000+ Funding ---- Grant Applicants within Temecula & So. West California Location --- The Promenade Mall 2. How will the event profits be utilized? 25% of the profits are sent to Headquarters for the Susan G. Komen for the Cure Award and Research Grant Program. The remainder is used for education/outreach programs or granted out to breast health/ breast cancer related non-profd programs within Temecula, Riverside and San Bernardino. 3. Explain how your organization has worked well with the community to mitigate event impacts? We receive a large amount of support from the Temecula Rotary, Chaparral & Temecula Valley High School and many businesses 8 organizations throughout the community. Continued relationship with Riverside Co. Sheriffs Department, City of Temecula, Caltrans & the MaIIBeI Vellagio merchants help to ensure a trouble free event. 4. Please describe your financial reporting. Monthly financial statements are presented to the Board of Directors for approval and then submitted to Komen Headquarters. Every 2-3 years the affiliate undergoes an internal audit spearheaded by Komen Headquarters. OuickBooks is used for daily bookkeeping. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain if the event, goals, marketing program, and attendance were consistent with what was proposed to the City. Race for the Cure -Attendance 12,000 Accomplishments -Raised funds for breast cancer awareness and services for uninsured 1 residents. Economic Benefits -Brought people from all over Riverside County & So.CA to Temecula, where they shopped, dined & stayed in hotels. All goals, marketing & attendance were consistent with the plan proposed to the city. The Komen Inland Empire RBCe for the Cure® is the second largest event in the city. Without Breast Cancer Susan G. Komen for the Cure promise: to save lives and end breast cancer forever by empowering people, ensuring quality of care for ali and energizing science to find the cures. Susan G. Komen for the Cure was founded on a promise between two sisters, Susan Goodman Komen and Nancy Brinker. Suzy was diagnosed with breast cancer in 1978, a tune when little was known about the disease and it was rarely discussed in public. Before she died at the age of 36, Suzy asked her sister to do everything possible to bring an end to 2008 U.S. Breast Cancer Facts* • 1 in 8 women will be diagnosed in their lifetime • All women are at risk for breast cancer • Majority of those diagnosed have no family history • Breast Cancer is the leading cause of death in American women between the ages of 40 and 59 • It is the most common cancer among. American women • In 2008 an estimated 182,460 new invasive breast cancers and 67,770 new in situ breast cancers are expected to be diagnosed in women; 40,480 will die ® 2,030 American men will be diagnosed; 450 will die ® When breast cancer is found early, your chance of survival is the greatest "Cancer Facts a~ad Figures 2008, ACS Breast Cancer Facts ar¢d Figures 2007-2008, ACS 2007-2008 Grant Recipients Breast Cancer Survivors Desert Cancer Fomndation Kids Konnected Inland Agency Michelle's Place Neighborhood Healthcare Quinn Conunuuity Outreach Corporation The Foundation for Community and Family Health Total Funding $652,500.00 breast cancer.. Nancy kept her promise by establishing Susan G. Komen for the Cure in 1982 in Suzy's memory. I AM THE CURE 2007 Race Stats Number of Participants 10,799 Sleep In for the Cure® 406 Breast Cancer Survivors 48 ] Race Volunteers 700 Largest Team (Pechanga Reson & Casino) 865 Most Money Raised by a Team (Robin's Ramblers) $24,517 Most Money Raised by Individual (Robin McDonnell) $I 1,747 Participant Entry & Pledges $563,000 Sponsor Cash $322,590 Sponsor In-Kind $852,139 YOU ARE THE CURE. FINANCIAL STATEMENTS Application Page 2 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, please attach the organization's current budget for the proposed event. Balance Sheet as of .3~ 31/O 7 Assets Cash and Investments $ ~ S fp ~ 3 q 3 Receivables (detail) Inventory Fixed Assets Other Assets . Total Assets ~5.~9~ ~ 3 I ~~ ~l ~~g I, 3 ~~. Event Income Statement for the Year Ended June 3 Income Fundraising $ to !) to Grants $ -O Cash Sponsorships $ ~t i S/ ~p In-Kind Sponsorships $ City Funds Souvenirs Vendors Other Sources (Ticket beverage sales, entry fees;t parking fees, etc.) $ aS ood $ ~o-~'~ P/+c~~ TOTAL $ OS 7E~ Audited: Yes No ~ Liabilities & Fund Balance Current Payables ~ 7 ~ 3T•r Notes Payable ..~ b ~ Fund Balance -221r~1j Total Liabilities ~ & Fund Balance $ ~j' Exnenses Salaries $ G~, a?93 Operating Expenses $ /O .~~ ~~ Advertising/ $ .3 '%~ / 9 Promotions Entertainment $ .S 3 3 3 Rentals $ //bolo Insurance/Permit Fees$ ~ g !f G RAA7>?'S ? ~ D Other Expenses" $ -~37 ~ a Races /ya ~ 3 S` RcSc~rch /93'GSF7 TOTAL $ 0 ~ 7'~ Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. \\CityoRemecula\Departments\City Manager\Wolnickg\Applications\2008-09 E.D. Funding Program- Special Events.doc %'~oaAM Inland Empire Affiliate of Susan G. Komen for the Cure Baz7/97 Balance Sheet accrual Basis As of March S1, 2007 \'i ~ ~ / Mar 37, 07 ~~ ~ ASSETS CurrentAsaeffi CheekinglSavings 12030.ImresbneM-Smi6~ Bamay ~ 287,561.93 10070 • Cash-0perefing NB 48,894.36 10075 • Cash • 1st Centennial Oparating 763.21 ' 10040 • Cash-0ther Miealon Oaks MM 295,85529 70060 • Cash•Petty Cash ~ 370.76 70060 •Cash-Savings TVB 49,618.27 72010 • Investments -CD Mission Oaks 105,217.SD Total Checking/Savings 788,382.72 Axounffi Raeelvabki 16010 • Reuivables -Komen 25,293.89 Total Accoums RecMvable 25,283.89 Other Current ASSeffi 17070 • Inventory ~ 3,864.34 79000.OtherAssets Oeposlt ~ 1,392.00 Toffi119000.OtherASSaffi 1,392.00 Total Other Current Assets 5,056.34 Total Current Asseffi 816,742.95 Fbud Asset 20072.Office Equipment 4,86128 27012 • At:wm. Depr.-0Hiee Equipment ~ -2,013.00 . ~ Total Fixed Assets ~ o 2,848.28 ~ TOTAL ASSETS 819,591.23 LIABILITIES & EQUITY LlabilWea Current LffibidUes Aceounffi Payable 26000.Orenffi Payable 732,191.00 ' 28600 •Komen Payable 953.95 ToffiI Accounffi Payable 733,144.85 ' Total Current LIab111Ues 733,144.95 ~Tofal Lk+bilhies 733,144.95 F-9ufiY 29910 • Reffitned Earnings 769,455.91 Net Dome •83,009.83 Total Equity 6g,4gg2g - TOTAL LIABILITIES 8 EQUITY 879,691.23 Page 1 Inland Empire Affiliate of Susan G. Komen for the Cure ,;.' '~) ReceivablesSGK Headquarters ~~ -' Accrual3-3f-07 Yoplait-National Sponsor 6,128.40 Rally for the Cure 18,690.02 Hallmark 346.21 Payless 2,129.76 Quilteii Northam 1.50 Total Receivables Komen 25,293.89 ATTACHMENTF 2008 SPONSORSHIP AND FUNDING AGREEMENT SPONSORSHIP AND FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURED THIS AGREEMENT is made and effective as of this 23rd day of September, 2008 , by and between the CITY OF TEMECULA ("City"), and Inland Empire Affiliate of Susan G. Komen for the Cure® ("IESGKC"), 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. IESGKC shall operate the Inland Empire Affiliate of Susan G. Komen Race for the Cure® event on October 19, 2008. Inland Empire Susan G. Komen Race for the Cure® is a special event which is located at The Promenade Mall in Temecula, corner of Ynez and Winchester Road. B. The event includes Women's and Coed 5K Run/Vl/alks, a family One-Mile Fun Run/Walk, a new Kids Only Run (10 and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure®, and Breast Cancer Survivor Tribute. C. The 2007 Inland Empire Komen Race for the Cure® attracted 10,799 race participants, 406 Sleep In for the Cure® participants, 481 breast cancer survivors and 700 volunteers. D. The City desires to be a "Diamond Sponsor" of the 2008 Inland Empire Susan G. Komen Race for the Cure® by providing Community Support Funding and City Support Services. 2. TERM. This Agreement shall commence on September 23, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION. A. In exchange for providing the IESGKC with city-support services valued at an amount not to exceed thirteen thousand, nine hundred fifty dollars ($13,950) of Public Works, Fire and Police as listed in Exhibit B, and promotional services valued at an amount not to exceed eleven thousand and fifty dollars ($11,050), listed in Exhibit C, the City of Temecula shall receive the benefits as listed in Exhibit A. B. The City of Temecula shall also provide Community Support Funding in the amount of twenty-five thousand dollars ($25,000) cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. 4. ALLOCATION OF FUNDS. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 1 11086/0001/1055424-1 A. IESGKC shall allocate and use the City's Sponsorship Funding of city- support services valued at an amount not to exceed thirteen thousand, nine hundred fifty dollars ($13,950), and promotional services valued at an amount not to exceed eleven thousand and fifty dollars ($11,050) to produce the Inland Empire Susan G. Komen Race for the Cure® B. The City of Temecula shall also provide Community Support Funding in the amount of twenty-five thousand dollars {$25,000) cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. In 12 months following the Inland Empire Komen Race for the Cure®, the IESGKC will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that a portion of the funds were used for underserved residents in Riverside and San Bernardino Counties, the Inland Empire Affiliate's service area. Upon request, City staff may audit the supporting documentation from the IESGKC. 5. WRITTEN REPORT. Within ninety {90) days after the conclusion of the Inland Empire Susan G. Komen Race for the Cure®, IESGKC shall prepare and submit to the Assistant City Manager a written report evaluating the Inland Empire Susan G. Komen Race for the Cure®, its attendance, media coverage, and description of the materials in which the City has listed as a Diamond Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Inland Empire Susan G. Komen Race for the Cure® must be included in such a written report. 6. FINANCIAL AUDIT. IESGKC shall provide a copy of the consolidated, audited financial statements of the Susan G. Komen Race for the Cure® of which IESGKC is a part. These consolidated financial statements will be audited by an independent certified public accountant and shall include the Inland Empire Susan G. Komen Race for the Cure® event. These audited financial statements should be completed and submitted to the City no later than November 2009. 7. PERMITS. IESGKC shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than thirty (30) days prior to the first day of the 2008 Komen for the Cure®. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. IESGKC shall comply with all conditions of approval of the permits. IESGKC shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City-issued permits. Failure to comply with the Conditons of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE. IESGKC shall attend all City pre-event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION. IESGKC shall indemnify, protect, defend and hold harmless the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City, its C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 11086/0001/1055424-1 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 IESGKC's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE. IESGKC shall secure and maintain from a State of California admitted insurance company, pay far and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 IESGKC, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Recipient owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. (iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Recipient shall execute a declaration that it has no employees. than: B. Minimum Limits of Insurance. Recipient shall maintain limits no less (i} General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllacation or the general aggregate limit shall be twice the required occurrence limit. and property damage. (ii) Automobile Liability: $1,000,000 per accident for bodily injury (iv) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury ar 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 IESGKC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 3 11086/0001/1055424-1 D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) 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 IESGKC; products and completed operations of Recipient; premises owned, occupied or used by IESGKC; or automobiles awned, leased, hired or borrowed by IESGKC. The coverage shall contain na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. {ii} For any claims related to this project, IESGKC'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 Recipient's insurance and shall not contribute with it. (iii) 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. (iv) IESGKC'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. (v) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall that should the policy be suspended, voided, canceled by either party, reduced in coverage or in limits, the issuing insurer will endeavor to mail thirty {30) days' prior written notice to the City. {vi} If insurance coverage is canceled, modified, or reduced in coverage or in limits, IESGKC shall within two {2) business days of notice from the insurer phone, fax and 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. IESGKC 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, IESGKC's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. GOVERNING LAW. The City and IESGKC 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 C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 4 11086/0001/1055424-1 Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, ar 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. 12. LEGAL RESPONSIBILITIES. IESGKC 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. IESGKC 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 IESGKC to comply with this section. 13. ASSIGNMENT. IESGKC shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 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: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Aaron Adams, Assistant City Manager RECIPIENT: THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURED 26765 Madison Ave., Suite 108 Murrieta, CA 92562 Attention: Leslie Doherty, Inland Empire Affiliate President 15. INDEPENDENT CONTRACTOR. A. IESGKC shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of IESGKC shall at all times be under IESGKC 's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of IESGKC 's officers, employees, or agents except as set forth in this Agreement. IESGKC 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. IESGKC shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 11086/0001/1055424-1 B. No employee benefits shall be available to IESGKC in connection with the performance of this Agreement. Except for the fees paid to IESGKC as provided in the Agreement, City shall not pay salaries, wages, or other compensation to IESGKC for performing services hereunder for City. City shall not be liable for compensation or indemnification to IESGKC for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of IESGKC warrants and represents that he or she has the authority to execute this Agreement on behalf of IESGKC and has the authority to bind IESGKC to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 6 11086/0001/1055424-1 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 THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURE By: Name: Leslie Doherty Title: Inland Empire Affiliate President By: Name: Chris Binkley Title: Inland Empire Affiliate Race Chairman C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 7 11086/0001/1055424-1 EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS DIAMOND SPONSOR In exchange for providing city-support services of Public Works, Fire and Police valued at an amount not to exceed $13,950, and City promotional services valued at $11,050 for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure, the citizens of the City of Temecula shall receive the following benefits. • City of Temecula Logo an Printed Material: i.e. 500 Race Posters, 150,000 Race Entry Farms • City of Temecula Logo on 12,000 Race T-shirts • City of Temecula Name on all Radio Promotion • Complimentary Booth Space at Expo: 10 x 10 booth space for City of Temecula booth at Expo and 10 x 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo • 4 City of Temecula Banners Displayed • City of Temecula Name in all Press Releases • Complimentary Team Photo • Complimentary Sponsor Appreciation Dinner Tickets {10) • Commemorative Sponsor Award • City of Temecula logo on Inland Empire Komen Web Site • 10 Komen Race Entries and T-shirts • City of Temecula Logo in newspaper "Thank You" Ad • Use of Komen Media Logo with Pre-Approval • Complimentary Team Tailgate Booth The Community Support Funding of twenty-five thousand dollars ($25,000) cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 11086/0001/1055424-1 EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Inland Empire Susan G. Komen Race for the Cure® event. The following expenses can be anticipated for the event: Police: Rounded to $6,000.00 Total personnel assigned to event: 2 -Sergeant @ $85.31 far 6.0 hours = 1 -Corporal @ $67.18 for 5.5 hours = 4 -Deputies @ $63.09 for 20.0 hours = 8 -Motor Officers @ $63.09 for 41.0 hours = 3 -Community Service Officers @ $43.20 for 21.0 hours = 1 Community Service Officer $1, 023. 72 0500 - 1200 hrs $ 369. 49 0500 -1130 hrs $1,261. 80 0600 - 1100 hrs $2,586. 69 0500 -1100 hrs $ 907.20 0600 - 1100 hrs 0500 -1200 hrs Fire: Total personnel assigned to event: 4 -Fire Prevention Staff which includes: 1 -Asst. Fire Marshal @ $127.00/hr. 1 -Fire Safety Supervisor @ $76.00/hr. 2 -Fire Safety Inspectors @ $71.OOlhr. Public Works: Total personnel assigned to event: 7 -Staff to handle traffic control and Police and event assistance @ $37.59/hr. Trucks - $25.OOlhr. TOTAL: C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc $2,100.00 5 850.00 $13,950.00 11086/0001/1055424-1 EXHIBIT "C" ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for promotional assistance provided by The City of Temecula for the 2008 Inland Empire Affiliate of Susan G. Komen Race for the Cure®is as follows: Item Value City website $ 2,000.00 Race for the Cure® event listing on City of Temecula website City Cable Station $ 4,550.00 Race for the Cure®slide is part of a program. Slide appears approximately 1 time per hour for 30 seconds. Run time of 913108 -1 011 9108 Temecula Auto Mall Marquee $ 4,500.00 Race for the Cure® listing runs approx. once every 4.5 minutes during its run time of 913108 - 1 011 9/08. The sign is on 24 hours. TOTAL: $11,050.00 C:\Program Files (x86)\Neevia.ComlDocument Converter\temp1895292.doc 10 11086/0001/1055424-1 ITEM R1C~. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 23, 2008 SUBJECT: Quality of Life Master Plan (at the request of Council Member Washington) PREPARED BY: Christine Damko, Associate Planner RECOMMENDATION: Introduce to the City Council and the community the City's goal to establish a Quality of Life Master Plan. No City Council action required at this time. BACKGROUND: The proposed Quality of Life Master Plan will be the "road map" which defines the City's long term goals in areas such as sustainability of quality of life, continual maintenance of public infrastructure, public safety, higher education, business retention and attraction, and City fiscal stability. As Temecula continues to grow and mature, the Quality of Life Master Plan will be a crucial part of not only maintaining the City's quality of life, but to take a proactive approach and identify specific community needs, goals, and possible improvements that the City of Temecula will face in the future. This plan will help aide City Council and staff on future budget, operational and public development/improvement decisions. The Quality of Life Master Plan will give the City the ability to quantify and measure our success which will be tied to specific community goals. The plan will also give the City Council and staff the ability to revisit these goals on an annual basis in conjunction with the City's operating Budget and Capital Improvement Program (CIP) Budget, which is forecasted five years out. The City of Temecula plans on soliciting proposals to acquire a consultant to assist in the preparation of the Quality of Life Master Plan. In addition, a Blue Ribbon Committee will be formed comprised of professionals in various fields along with valuable stakeholders within the community. The Quality of Life Master Plan will have a similar format as the City's General Plan. One key difference is that instead of policies and goals directed toward land use, the Quality of Life Master Plan will have a focus on people. Where the General Plan is a California state mandated document, the Quality of Life Plan is not, and will be tailored specifically for the City of Temecula and its citizens. The plan will utilize studies such as the recent demographic information from Dr. Husing, Claritas, and True North. Results from the recent Youth Master Plan, Cultural Arts Master Plan, Parks Master Plan, and Old Town Visioning will also be incorporated. It is also envisioned that the City sustainability Program (commonly known as the Green Building Program) which was approved July 22, 2008 by the City Council will also be incorporated into the Plan. Potential key elements that will be focused in the Plan include: * Business AttractionlRetentian * Cultural Arts * City Fiscal Stability * Higher Education * Open Space/Recreational Opportunities * Public Safety * Transportation and Circulation Staff envisions that the scope will be further defined with the valuable input of the consultant, the Blue Ribbon Committee, and the communitythrough focus groups atvarious venues within the City. It is envisioned that the plan will take a year and a half to complete. Status updates on the development of the Plan will be provided to the City Council and the community on a regular basis. Below lists a general timeline of the Plan: October 2008: Economic Development Subcommittee and staff work together to create a list of individuals for possible appointees to the Blue Ribbon Committee. Once the committee has been established, all will work together to further define the scope of work far the Plan. November 2008: Advertise Request for Qualifications (RFQ)/Request for Proposals (RFP) far consultant to assist in Quality of Life Master Plan {8 week notice). January 2009: Selection of consultant. Consultant contract and agreement goes to City Council. January 2009-June 2009: Staff begins to convene with consultant and Blue Ribbon Committee on specific Quality of Life Master Plan elements. Start of committee work, establishing working focus groups, and community outreach. June 2009-Fall 2009: Continue working with Consultant, Blue Ribbon Committee, and the community. FaIIMlinter 2009: Quality of Life Master Plan is presented at City Council. FISCAL IMPACT: The Quality of Life Master Plan is anticipated to take a year and a half to complete. The City of Temecula has budgeted $18,750 in Economic Development account 001- 999-111-5248 and an additional $18,750 from Redevelopment account 280-999-5250 towards consultant costs this fiscal year. It is anticipated that additional funds will be needed in the FY 2009- 2010budget to complete this project. ITEM R1C~. 6 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 23, 2008 SUBJECT: First Amendment to Agreement for Consultant Services with Environmental Science Associates (ESA) for the Santa Margarita Ecological Reserve Area Annexation Environmental Impact Report (EIR) PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approves an Amendment to the Agreement for Consultant Services with ESA in the amount of $39,000 to continue project management and include the preparation of an Administrative Final EIR including responses to comments for the Santa Margarita Ecological Reserve Area Annexation. BACKGROUND: The City Council adopted a Resolution requesting the commencement of proceedings to annex approximately 4,600 acres southwest of the City of Temecula. Staff has subsequently prepared an Initial Environmental Assessment and a Draft Environmental Impact Report. The current contract with Environmental Science Associates (ESA) in the amount of $29,250 was approved by the City Manager on July 29, 2008 in order to prepare a revised Draft Environmental Impact Report and an Acoustical Technical Report as well as provide project management and coordination of the revised Draft EIR. A First Amendment to the Agreement for Consulting Services with ESA is necessary in order to prepare responses to all comments received from the Notice of Preparation and to finalize the EIR (as well as submit the Final EIR for Certification) and to provide continued project management and coordination of the EIR. The revised Draft Environmental Impact Report and an Administrative Final EIR will be prepared and circulated pursuant to CEQA and LAFCO environmental documentation requirements. FISCAL IMPACT: Adequate funds are available in the Planning Department's 2008-09 Budget Line Item 001.161.999.5248, Consulting Services. ATTACHMENTS: Original Agreement First Amendment to Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) ADMINISTRATIVE FINAL ENVIRONMENTAL IMPACT REPORT {EIR) FOR THE SANTA MARGARITA AREA ANNEXATION THIS FIRST AMENDMENT is made and entered into as of September 23, 2008 by and between the City of Temecula ("City"), a municipal corporation, and ESA ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 29, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consulting Services," in the amount of $29,250. b. The parties now desire to expand the scope of work for consulting services and; c. Increase the payment for consulting services by adding $39,000 to the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT. Section 5a, Payment, of the Agreement is hereby amended to read as follows: "a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Thirty Nine Thousand Dollars ($39,000) for additional Consulting Services for a total Agreement amount of Sixty Eight Thousand Two Hundred Fifty Dollars ($68,250).,, 3. Exhibits A and B to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 858-638-0900 Phone 858-638-0910 Fax Attn: Eric J. Ruby, Vice President BY: {Signature) NAME: (Printed Named} TITLE: BY: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REGtUIRED FOR CORPORATIONS 2 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the ConsultantlVendor/Contractor. Scope of Work This scope of work has been developed based upon the above outlined factors and direction as well as CEQA statute and guideline requirements and assumes that all project data will be provided by the City. The scope of work also assumes that all technical reports prepared by other and provided to ESA are adequate. Task 1 -Project ManagementlCoordination Project managementlcoordination and attendance at meetings will occur under this task. We anticipate approximately 12 hours per month for project management/coordination for the duration of the project {4 months). We have also included costs for four {4) meetings with City staff and attendance at one (1) Planning Commission hearing and one (1} City Council hearing. Weekly project team conference calls will occur under this task. Task 2 -Final EIRIResponse to Comments At the conclusion of the public review period, ESA will work with City to obtain all comments received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR will be prepared once all comments are received. It is assumed that if required, the applicant's technical consultants will provide any necessary input to the responses to comment letters that may be required. It is difficult to predict public reaction to the Draft EIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be extensive and that a maximum of 25 comment letters will be received on the Draft EIR. In the event that the public comments on the Draft EIR are greater than expected, ESA will meet with the City to adjust the work program/budget as necessary. An Administrative Final EIR will be submitted to the City far review. ESA will work directly with the City Planning staff and City Attorneys office to prepare the response to comments and Final EIR. Upon incorporation of comments on the Administrative Final EIR, ESA will prepare a Screencheck Final EIR for submittal to the City and project team. ESA assumes that comments on the Screencheck Final EIR will be minimal, due to early consultation with the City when comments were received. Subsequent to City review of the Screencheck Final EIR, ESA will prepare the Final EIR which incorporates final changes. ESA will assist the City in transmitting the required copies to the State Clearinghouse and required agencies. ESA will prepare a detailed Mitigation Monitoring and accordance with Section 15063 of the CEQA Graidelines environmental impacts that may be identified to result from MMRP will be submitted with the Final EIR. Reporting Program (MMRP) in in response to any significant the proposed development. The 3 Document Production Assumption: 15 copies FEIR, 75 Copies MMRP Schedule We understand the aggressive schedule that is required for this project and that approval of the EIR by the City will be the critical path for project scheduling purposes. The Administrative Draft EIR can be completed within four weeks of receipt of all technical studies, if the applicant and ESA are confident that no substantial changes to technical studies would occur in response to City comments. The following schedule (Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. TABLE 1 SANTA MARGARITA ANEXATION AREA EIR SCHEDULE TASK DURATION Task 1 -Project ManagementlCoordinatian Ongoing Task 2 -Final EIRIResponse to Comments Prepare Administrative Final EIR 2 weeks City/Project Team Review 1 weeks Prepare Screencheck Final EIR 1 week Submit Final EIR For Certification 1 day a This preparation period is dependent on receipt of all documents and electronic information. Preparation of the document may overlap with other tasks and sections will be submitted prior to completion of entire document, in order to meet schedule requirements. Assumes that traffic study will be completed within 4 weeks. " This review period is just an estimate, dependent on City schedule. ` Assumes that technical report authors will provide responses to comments on respective technical issues within two weeks. °' Initial work on technical reports will begin during the NOP process in order to save time. Technical reports will be completed within about a week of receipt of traffic report. 4 EXHIBIT B Cost Estimate The following cost estimate (Table 2} has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including travel/parking, etc. will be invoiced in accordance with ESA standard rate schedule. TABLE 2 COST ESTIMATE {PART 2) -SANTA MARGARITA AREA ANNEXATION EIR TASK Task 1 -Project Management/Coordination/MeetingslPublic Hearings Task 2 -Final EIR a Subtotal -Labor Reimbursable Expenses {in-house copying, mileage, postage, etc.) a Document Reproduction -assumes 10 hard copies of each document and 100 CDs Total COST $6,750 $ZS,ooa $35,750 $1,500 $1,750 $39,000 a Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the applicant's reproduction supplier, which eliminates ESA's standard mark up on printing expenses Our services will be billed monthly on a time-and-materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. 5 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) T~ 12/19/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 220 Bush St 7th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ., ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED Greenwich Insurance Co 22322 . INSURER A: Environmental Science Associates INSURER B: XL Specialty Insurance Company 37885 225 Bush Street, Suite 1700 INSURER C: San Francisco, CA 94104 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY GEC001336705 O1/O 1/2008 O 1/O 1/2009 EACH OCCURRENCE $ 1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 1 000 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 QQQ X Contractual Liability PERSONAL & ADV INJURY $ 1000 000 X Stop Gap Employers GENERAL AGGREGATE $ 2 ~Q~ Q~~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~Q~ Q~~ POLICY X PRO- LOC JECT B AUT OMOBILE LIABILITY AEC001336505 Ol/01/2008 01/01/2009 COMBINED SINGLE LIMIT E id t $ 1,000,000 X ANY AUTO a acc en ) ( ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Deductible: $5,000 PROPERTY DAMAGE $ (Per accident) GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WEC001337405 O1/O1/2008 O1/O1/2009 X ORY L M TS OER EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 A orHER Professional Liability PEC001336805 01/01/2008 Ol/Ol/2009 Limit Each Claim ~ 1,000,000 Coverage A Aggregate Limit ~ 2,000,000 Claims-Made Form Self Insured Ret. ~ 100,000 DESCRIPTION OFOPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS D207434.00, Temecula Hospital Supplemental EIR. As respects Commercial General Liability and Commercial Auto, the city, its officers, officials, employees and volunteers are named Additional Insured as per attached forms CG2037(07/04), CG2010(07/04) and XIC 411 1007. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION 10 Dav Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Temecula DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 43200 Business Park Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Temecula CA 92590 , IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE LOAN #: ACORD 25 (2001108) ID #: ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001(0$) o8'tii? AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES FOR THE SANTA MARGARITA ANNEXATION ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT is made and effective as of July 29, 2008 between the City of Temecula, a municipal corporation ("City") and Environmental Science Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 29, 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. The City may, upon mutual agreement, extend the contract for no more than two (1)-year additional terms. In no event shall the contract be extended beyond June 30, 2011. 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, ai 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 A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty Nine Thousand Two Hundred Fifty Dollars ($29,250) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant, shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed Thirty Thousand Dollars ($30,000) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. a. 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 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 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 wntinue 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 (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. OWNERSHIP OF DOCUMENTS. a. Consultant 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. 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. 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, Temecula Community Services District, and/or the Redevelopment 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, Temecula Community Services District, and/or the Redevelopment 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 Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance ornon-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 Scooe 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 Ot 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($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 Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, Temecula Community Services District, and/or the Redevelopment Agency, 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, Temecula Community Services District, and/or the Redevelopment Agency, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, Temecula Community Services District, andlor the Redevelopment Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the Cily, Temecula Community Services District, and/or the Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Temecula Community Services District, and/or the Redevelopment Agency, 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, 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 plac@d 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 Coveraoe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. 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 or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 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 pertormance of this Agreement shalt be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not 5 without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and lime 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 To City via Courier Service: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Environmental Science Associates 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 Attention: Eric J. Ruby, Vice President 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. 6 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the Siate of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the 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 Contractors 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 Agreemint contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant 2nd 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 T E U Shawn D. Nelson, City Manager Susan W. Janes, MMC, C;rfy Clerk APPR ED A 0 FORM: Peter M. Thorson, City Attorney CONSULTANT: Environmental Science Associates 9191 Tawne Center Drive, Suite 340 San Diego, CA 92122 Telephone: 858-638-0900 Fax: 858-638-0910 [Signatures of Two Corporate Officers Required] By:~. Name: 4/ty/ Title: "~~ r ESA Community 9191 Towne CenUa Drive Development sae Sao J San Diego, CA 92122 858.838.0900 phone 858.638.09101ax EXHIBIT A TASKS TO BE PERFORMED July 24, 2008 AND PAYMENT RATES AND SCHEDULE Ms. Debbie Ubnoske Planning Director City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 www esassoC.COnI Subject: Proposal for City of Temecula -Santa Margarita Annexstioo Area Environmental Impact Report (EIR) -Part 1 Dear Debbie: We enjoyed meeting with you and Steve Brown on Tuesday to discuss the Santa Margarita Annexation Area Environmental Impact Report (EfR). F.SA is pleased at the opportunity [o offer our planning and CEQA compliance services and expertise to the City of Temecula for this project and fully understands your requirements for responsive consultant support for this project along with the need to meet an aggressive schedule. ESA has extensive experience with complex annexation-related CEQA compliance document preparation and issues. It is our understanding that the city of Temecula desires to have ESA take over an existing draft EIR that was prepared by another consultant and fast track a new Notice of Preparation and Draft EIR Document/process for the proposed project. The project area is located in unincorporated Riverside County, southeast of the City of Temecula on approximately 4,700 acres.. The project to be evaluated by the EIR specifically includes a General Plan Amendment to create general plan land use designations, a Zone Change to create zoning, a Sphere of Influence boundary adjustment and the actual annexation by the Riverside County Local Agency Formation Commission (LAFCO). The City of Temecula is the lead agency and LAFCO will utilize the EIR for approval of the annexation. A substantial amount of planning and environmental work has already been completed for this project, although additional revisions to the Draft EIIt and technical studies will be required to support the CEQA documentation effort. This scope of work has been prepazed based on meetings with City of Temecula staff„ comment letters received on the previously prepared Draft EIR and our understanding of LAFCO environmental documentation requirements. To meet the city's needs, we have indicated that w can meet the established DE[R preparation and processing schedule. EXHIBIT "A" r ESA Community Development J Mr. Debbie Ubnoske July 24, 2008 Page 2 Scope of Work EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE This scope of work has been developed based upon the above outlined factors and direction as well as CEQA statute and guideline requirements and assumes that all project data will be provided by the city. The scope of work also assumes that all technical reports prepared by others and provided to ESA are adequate. Task 1 -Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately 12 hours per month for project management/coordination for the duration of the project (4 months). We have also included costs for four (4) meetings with city staff and attendance at one (1) Planning Commission hearing and one (1) City Council hearing. Weekly project team conference calls will occur under this task for the duration of the project. Task 2 -Administrative Draft EIR ESA will prepare an Administrative Draft EIR for review by the project team. The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines. It will include all CEQA-required sections based on the NOP/Initial Study. The following outline provides the proposed organization of the Draft EIR: Executive Summary: The Executive Summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features of the project that will be implemented. The Executive Summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as insignificant), and will contain a summary analysis of the alternatives to the proposed project. • Section 1.0 - Introduction/Summarv: The introduction will include the purpose of an EIR and procedural information. This section will also summarize the proposed project's impacts and mitigation measures. Section 2.0 -Project Descriotion: The project description will be based on information provided by City of Temecula and will include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 3.0 -Environmental Settine: The existing environmental setting will be described and documented for each environmental factor identified in the Initial Study. Information will be graphically depicted and described in the separate sections of the document. EXHIBIT "A" r' ~'+ Community ES Development Mr. Debbie Ubnoske July 24, 2008 Page 3 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE Section 4.0 -Environmental Impact Analysis: For each potentially significant issue identified in the NOP/Initial Study, this section of the EIR will include a discussion of the environmental setting, project impacts, cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. • Section 5.0 -Other CEQA Considerations: ESA will prepare the following CEQA-required analysis sections: significant irreversible environmental changes and growth-inducing impacts. Section 6.0 -Alternatives: Alternatives will be established in discussions between ESA, the applicant, and the City. For the purposes of this proposal, a total of two alternatives in addition to the mandatory no project alternative will be considered in this section of the EIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the applicant and the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives that maybe required will result in modifications to the project budget. • Section 7.0 -Persons and Oreanizations Consulted/References: ESA will prepare this section of the E1R to document all persons and sources that contributed to the environmental analysis. Subsequent to your review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for submittal to the City and the project team. We assume that changes will be minimal due to early consultation with the City, and previous approval of technical reports by City personnel. Task 3 -Draft EIR Subsequent to review by City and the project team of the Screencheck Draft EIR, ESA will prepare the Draft EIR which incorporates final comments and project description changes. We assume that changes will be minimal due to early consultation with the City, previous approval of technical reports by City staff, and submittal of the Screencheck Draft EIR. Copies of the Draft EIIt, including technical appendices, wilt be provided for distribution. ESA will prepare the Notice of Completion prior to public circulation of the Draft E1R and will assist the City in transmitting the required copies to the State Clearinghouse and required agencies. Document Production Assumption: I S copies DElR w/color exhibits - $75/copy, S copies of appendices EXHIBIT "A" r ESA Community Development Mr. Debbie Ubnoske EXHIBIT A July 24, 2008 TASKS TO BE PERFORMED Page 4 AND PAYMENT RATES AND SCHEDULE Environmental Issue Areas Based on the knowledge of the project area and City requirements, we anticipate the following issues to be addressed in the EIR: Aesthetics The proposed implementation of the annexation would result in a visual change to the area. ESA will summarize the existing analysis that has been prepared by others in the revised Draft EIR. Agricultural Resources The project would result in partial conversion of existing agricultural uses and may impact prime farmland. ESA will summarize the existing analysis that has been prepared by others in the revised Draft EIR. Air Quality Assessment ESA will summarize the analysis prepared by others. Site preparation and construction activities could generate substantial, although temporary, emissions of particulates and other criteria air pollutants that exceed significance thresholds in the short-term. Construction trips associated with the project may result in project emissions that exceed SCAQMD thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Air Basin. Acoustical Analysis ESA will prepare an acoustical analysis for the proposed project. Noise generated by construction activities and operational noise from the completed annexation would increase noise levels as a result of an increase in local traffic and operational activities. This analysis will be based on the traffic report and construction equipment mix. Tasks • Briefly describe and discuss existing major noise sources at the project site, particularly the noise from adjacent roadways. Describe the existing noise environment on the basis of up to four short-term measurements carried out by ESA staff. • Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed project. • Identify noise-sensitive land uses or activities in the vicinity of the project site, and along loads providing access to the project site, that would be affected by development of the proposed project. • Discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. EXHIBIT "A" r ESA Deve op e t Mr. Debbie Ubnoske July 24, 2008 Page 5 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE • Using the Federal Highway Administration's Highway Traffic Noise Prediction Model (FHWA-RD-77-108), ESA will calculate existing, futurc base case (i.e., without the project), future project case (i.e., with the project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated by the project, to determine whether project vehicular traffic would adversely affect adjacent land uses. • Identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise-sensitive land uses. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with [he lead agency and responsible agencies as appropriate. • and discuss measures to mitigate potentially significant impacts. Deliverables: • I (one) electronic or unbound hardcopy -Acoustical Analysis • 10 (ten) hardcopy -Acoustical Analysis Biological Assessment ESA will summarize available information provided by others, including aerial photographs, topographic maps, habitat conversation plans and existing biological and planning documents in the project region to document existing biological resources onsite and in the vicinity of the site. Cultural Resources Assessment ESA will summarize existing cultural resource information prepared by others to document the extent of any archaeological, paleontological and historic resources on the project site. Construction activities could potentially disturb previously unidentified cultural resources in the area. Geology and Soils /Mineral Resources ESA will summarize information prepared by others in the Draft EIR. The project site could potentially be subject to seismic hazards, be located on a geologic unit that is unstable or has the potential to become unstable, or result in erosion or loss of top soil. Hydrology and Water Quality ESA will summarize information prepared by others in the Draft EIR Annexation related development could alter on-site drainage and a storm water retention area is proposed as part of the proposed project. ESA will summarize information prepared by others .Implementation of the project could result in potential increases in inundation, sedimentation, and/or damage from water forces on the site to downstream areas. The project could also affect the collection and conveyance of runoff and sediment. EXHIBIT "A" ," L~C't A Community LJJt7t1 Development 1 Mr. Debbie Ubnoske July 24, 2008 Page 6 Land Use and Planning EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE ESA will summarize the existing analysis that has been prepared by others in the revised Draft EIR. The proposed project includes an annexation, a general plan amendment, zone change, and sphere of influence modification. Implementation of the proposed project could be incompatible with surrounding land uses or conflict with surrounding land use designations or relevant zoning. ESA will summarize information prepared by others. Traffic and Circulation ESA will coordinate the traffic study to be prepared by others and will summarize findings in the environmental assessment document. The traffic impact analysis will include an evaluation of construction related and operational effects. Public Services and Utilities ESA will summarize water, sanitary sewer, electricity and solid waste information prepared by others in the Draft EQt. Implementation of the annexation could require extension and expansion of public utilities and service systems. Recreation ESA will summarize information prepared by others in the Draft EIR Development could require extension and expansion of recreation uses. The City currently maintains parks that include recreation centers, softball fields and picnic areas. Cumulative Impacts ESA will summarize the existing analysis that has been prepared by others in the revised Draft EIR.The proposed project in conjunction with other potential development could contribute to cumulative impacts in the region. EXHIBIT "A" Community E A Development Mr. Debbie Wnoske July 24, 2008 Page 7 Schedule EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE We understand the aggressive schedule that is required for this project and that approval of the EIR by the City will be the critical path fot project scheduling purposes. The Administrative Draft EIR can be completed within four weeks of receipt of all technical studies, if the applicant and ESA are confident that no substantial changes to technical studies would occur in response to City comments. The following schedule (Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. TABLE t SANTA MARGARITA ANEXATION AREA EIR SCHEDULE TASK DURATION cask 1 -Project ManagamenUCoordination Ongdng Task 2 - Administrative Draft EIR 2 weeks Task 3 -Draft EIR Preparation Prepare Administrative Draft EIR 2 weeks City/Project Teem Review 1 week Prepare Screencheck Drafl EIR 2 weeks Draft EIR Public Review Period 45 Days Technical Study • Acoustical Analysis 2 weeks This DreDaraEon period is dependant on receipt of all documents and electronic inlormadon. Preparation of the document may overlap with other tasks and sections will be submitted poor to completion of entire document, in order to meet schedule reQUlrements. Aeeuma5 ttwl Uaffic sWdy will be completed wlNln 4 weeks. EXHIBIT "A" T ESA Community Development _~ Mr. Debbie Ubnoske July 24, 2008 Page 8 Cost Estimate EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE The following cost estimate (Table 2) has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including travel/pazking, etc. will be invoiced in accordance with ESA standard rata schedule. TABLE 2 COST ESTIMATE (PART 1) -SANTA MARGARITA AREA ANNEXATION EIR TASK COST Task 1 -Project Management/Coordina[Ion/Meetlngs/Public Hearings $6,500 Task 2-Atlminlstrative Dreft EIR $18.500 Task 3 -Draft EIR ° $3,500 Subtotal-Labor $28,500 Reimbursable Expenses (in-house copying, mileage, postage, etc.) a $750 Total 529.250 ' Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the applicant's reproduction supplier, which eliminates ESA's standard mark up on printing expenses Our services will be billed monthly on atime-and-materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory enviromnent, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. EXHIBIT "A" ir"'' i~C't A Community L-71~ Development Mr. Debbie lJbnoske July 24, 2008 Page 9 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE Please review the enclosed scope of work and if acceptable, authorize below and return to ESA. We look forward to providing professional environmental consulting services to the City of Temecula. Sincerely, ~~ Eric J, Ruby Vice President /Regional Director Authorization to Begin Work: City of Temecula Date EXHIBIT "A" r°' L~Ct~ Community ( L17 Development Mr. Debbie Ubnoske July 24, 2008 Page•l0 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE ENVIRONMENTAL SCIENCE ASSOCIATES 2007 SCHEDULE OF FEES I. Personnel Category Rates Charges will be made at the Category rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report prepazation and review, [rave{ time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category mte times 1.5. Executive Director $ 220.00 Senior Director[[ $ 200.00 Senior Director[ $ 185.00 Drector lI $ 175.00 Director I $ 170.00 Senior Managing Associate (I $ 160.00 Senior Managing Associate I $ 155.00 Senior Technical Associate II $ 160.00 Senior Technical Associate I $ 155.00 Managing Associate II $ 145.00 Managing Associate[ $ 140.00 Technical Assoc. lI $ 145.00 Technical Assoc. I $ 140.00 Senior Associate II $ 125.00 Senior Associate I $ 115.00 Associate III $ 100.00 Associate II $ 90.00 Associate t $ 80.00 Environmental Tech II $ 70.00 Environmental Tech I $ 60.00 Senior Admin /Graphics $ 95.00 Administrative /Graphics $ SO.DO Clerical $ 65.00 (a) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (b) ESA reserves the tight to revise the Personnel Category Rates annually to reflect changes in its operating costs. (c) For each contract, we propose an escalation rate of 3% for each contract year. EXHIBIT "A" ~"" L'C't A Community L1~t~ Development ~~ Mr. Debbie Wnoske July 24, 2008 Page 1 I [I. ESA Expenses A. Travel Expenses EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE Transportation a. Company/personal vehicle - $0.485 per mile, or current allowable IRS rate. b. Common carrier or caz rental -actual multiplied by 1.1 2. Lodging, meals and related expenses -direct expenses multiplied by 1.1 B. Communications Fee In-house costs for long-distance phone, telecopier, regular postage, walk-up copier, and records retention -project labor charges multiplied by 3% C. Printing/Reproduction Rates ITEM RATE/PAGE 81/2 x 11 b/w $0.05 11 x l7 b/w 0.10 8l/2 x l t color 1.00 1 l x 17 color 2.00 Covers 0.20 Binding 0.75 HP Plotter 25.00 D. Equipment Rates ITEM RATE/DAY RATE/WEEK Vehicles $40.OOa $180.00 GIS Computer Time 120.00° Trimble GeoXT GPS 75.00 $350.00 Laptop Computers 50.00 $200.00 LCD Projector 200.00 $600.00 Noise Meter 50.00 Sample Pump 25.00 Surveying Kit 20.00 Field Traps 40.00 Digital Planimeter $40.00 Cameras/Video/Cell Phone 20.00 Miscellaneous Small Equipment 5.00 Garmin GPS 25.00 EXHIBIT "A" ~' ~~`Ct A Community L~If7A Development _- 4i Mr. Debbie Ubnoske July 24, 2008 Page 12 EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE Half day rate is 520.00. Actual project charges will be either 50.485 per mile or the day rate, whichever is higher. GIS computer time will be charged at $ 15.00 per hour. III. Subcontracts Subcontract services will be invoiced a[ cost multiplied by 1.1. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinaRer imposed under the authority of a federal, state, or local taxingjurisdiction. EXHIBIT "A" A~~„, CERTIFICATE OF LIABILITY INSURANCE o ~ "'" , , ^t0o~ ~ WoodrutT Saw er&Co THIS CERTIFlCATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R y . 220 Bush St., 71h Floor .. iGHLS UPON THE CERT[FlCATE HOLDER: THIS CERT)FIf:,ATE~DDES NOT AMEND, EXTEND OR ~ S i F ALTER TNE COVERAOE AFFORDED BY THE POLICI S BELOW. an ranc uo CA 94104 (415) 391-2141 INSURERS AF'fORDINO COVERAGE ~ NAIC 0 u19UReD Environmental Sci nec A i t fl41XiERA; GrcLmvieh Ipstlrance Co. 22722 e ssoc a es 221 B h St it S 1700 NSIRER e: XL Special IWUrawe Canpmy 37891 us rceL u e San Francisco CA 94161 ~ MsutEtlc , asuRER tr. ~ YsuReas THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENJSSUED TO THE INSURED NAMEDABOVE FOR TIIE.POI,ICy;P.EF1Wp INDICATED. NOTWITHSTANDING . ANY f[EOVIREMENT, TERM OR CONDITION f)F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1YFiH.H 7HI3 CERTIFICATE IMY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE9 DESCRIBED HEREW IS SUBJECT lO ALL THE TERMS EXCLUSIONS AND CONDITONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REWCED Bl' PAID CLAaIS. , PoucrxuYeER roucrfageme ro YI!XI nOY uasrs GE000133ti705 01/01/2008 01/01/2009 A ~ E1°N0~"~"~ s 0 LYMYFACIALGENPIULLIABIUTY I X 9ES~rESgaeu~eneN1 (f 1 1 l tLAtYf MADE O otCUR i . 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EC.OIEEIfE•FAEMPLOYE f 1000000 SPECNL PROYIEIDNa aN .. ~ aw EL DYiEANE•POLICYLtlRT f 0012 A oTNEa roessona la Illy PE000133ti805 101/01/2008 O1Po12009 LimitEacAClaim f ! 000 000 Coverage A , , Clalms-Made Form I AggregatD Limit s 2,000.000 I Self-]nsured Ret. s 100,000 oncRPTax a aPEAATroxs ILaunons rvEltlcaeuexavaloNa AtX>EO ar exooRSPMetrttarectu raovlMONs D?07761.00 • FlMChcr Jones Mercedes Dealership SEIR Aa respects Commercial General Liability and Commercial Auto, the city, its officers, officiate, cmployecs and voluntern are nnmcd Additional Imwed as per atuched Forms CG2037(07/O4), CC2010(07l04) and XIC 411 1007. Coverage is primary and non<onvibutory. City of Tcmecula 43200 Business Park Drive Temecula, CA 92590 0'/~ axomaAxrorTxeRroveoescareeYPOIJCUD<secAYDeutoeESaReTxeefPEUTnx DATE THEREOr~ TN! IESUYIn MEURER YnLL ENOBAVOR TO YAA 3O DaTf vrartTEN xonce To Tle clamRCATE NOLYER xAraO To Tla: Lerr, our rAa.uae to 0o ao axALL IYPDff MO OMIOATION OR ILtaILITT OP ANY NINO UPON 1NE MfYRFA, Ra AGFJRa Ofl LOAN ;.;':; . I .. i S' .. l IMPORTANT H the certficale holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed. A 6tatement an this certificate door not confer rights to dte ceAHicate IroMer in lieu of such endoraemem(a). If SUBROGATION IS WAIVED, subject to the terms and wnditions of the, pofjeyjcerteirl policies may reQUire an endorsement. A statement on this certifrate does not confer tipMS to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse skte of this form does not consUWte a contract between the issuing Insurer(s), authorized..representative or producer, and the certificate holder, nor does it aFrrmatively or negatively amerM, extend or alter the wverage afforded by.the,pblictes listed thereon. ITEM R1C~. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 23, 2008 SUBJECT: Agreement for Consulting Services with Planning and Designs Solutions (PDS) West for Design Guidelines of Nicolas Valley PREPARED BY: Cheryl Kitzerow, Associate Planner Matt Peters, Associate Planner RECOMMENDATION: That the City Council approve a contractwith PDS Westforplanning services in the amount of $35,000.00 to prepare Design Guidelines for Nicolas Valley. BACKGROUND: The Nicolas Valley is a rural residential area forwhich modified zoning regulations and engineering/public improvement standards are envisioned. Such standards will focus on maintaining the rural character and achieving a gradual transition between this rural area and suburban/urban development. City staff have been working with residents and property owners in the Nicolas Valley since 2007, holding a series of meetings and visioning workshops. The area has been identified in the City's General Plan as a Rural Preservation Area. As part of a work effort for Nicolas Valley, staff will be amending the General Plan designations in this area, preparing a Planned Development Overlay (change of zone) with modified zoning regulations and working on the formation of an Assessment District/Community Facilities District. This Agreement for Consulting Services will give authorization to PDS West to prepare Design Guidelines to be included in the Planned Development Overlay. The City Council will also be seeing a request shortly to hire an environmental consultant to prepare the Environmental Impact Report that needs to accompany the GPA and Zone Change. FISCAL IMPACT: Funds are available in the Planning Department's 2008-09 Budget, Line Item 001.161.999.5248, titled Consulting Services. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PLANNING AND DESIGN SOLUTIONS (PDS) WEST DESIGN GUIDELINES FOR NICOLAS VALLEY THIS AGREEMENT is made and effective as of September 23, 2008 between the City of Temecula, a municipal corporation ("City") and PDS West ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 23, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 23, 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, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty- Five Thousand Dollars ($35,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to 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, far 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 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\894796.doc 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 (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by 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. 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 2 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, District, andlor 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 andlor 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 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 far 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: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, 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 na 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million {$1,000,000} per accident for bodily injury and property damage. 3} Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the 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 ar 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 ar volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, 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. 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 control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 5 18. 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: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PDS West 27184 Ortega Highway Suite 206 San Juan Capistrano, CA 92675 Attention: Bob Lacoss 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the 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. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's 6 sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: PD5 West 27184 Ortega Highway, Suite 206 San Juan Capistrano, CA 92675 Attn: Bob Lacoss Phone 949-489-3181 Fax 949-488-2791 By: By: Name: Title: [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work} of this service include: DESIGN GUIDELINES FOR NICOLAS VALLEY SCOPE OF SERVICES General The required services for this design guidelines project are those necessary to create a "Vision" of the Nicolas Valley Area, and to provide graphic and textual support to both illustrate the vision and guide the City planners and decision-makers toward accomplishing the vision. To be successful the design guidelines must lead to a built environment that meets the expectations of the community, the City of Temecula -and also importantly - a built environment that is marketable and can be embraced by commercial and residential developers, builders and their tenants. In this way there will be full community support for compliance with the guidelines. Concurrently with these Design Guidelines, a General Plan Amendment {G PA) and Zone Change/Planned Development Overlay {PDO) for Nicolas Valley will be prepared by the City of Temecula. PDS West will work closely with City Staff to separate tasks that should be accomplished by Staff under the PDO process from the tasks that will be done by PDS West as part of the Design Guidelines section of the PDO. Generally speaking the Design Guidelines will deal with aesthetic concerns including a project logo, signage, entrance monuments, and similar physical elements of the streetscape. The remainder of the GPA and Zone Change/PDO will deal with zoning, policy, land uses, density, land use planning and the like (See attached Table of Contents, which assigns responsibilities). The guidelines will provide consistency in design theme and character for the Community. They will give Nicolas Valley its own identity. These guidelines should apply to the primary streets in the Community that will set the tone for the whole of the Nicolas Valley area. It is our belief that to be successful, design guidelines must do the following: Implement a "Vision" that has wide community consensus and support. Be graphically understandable -and accurately depict desired results. While it is possible fora person to comply with textual or tabular design requirements {percentages, materials, etc.) and still have a project that does not meet the "Vision," it will be obvious if the project does not look similar to accurate, clear, graphical representations. Be compelling -The graphics should not only communicate what is required, but should inspire residents, builders, developers, architects, landscape architects and other designers to comply and even improve and expand the guidelines. A. SCOPE OF WORK Step One -Public Participation and Data Review 9 a. PDS is generally familiar with the Nicolas Valley area from previous involvement in the area. We will meet with City Staff to discuss their current thoughts and new knowledge of the Nicolas Valley area. b. Community Research, reconnaissance, and photographic inventory -PDS West will update information on the Nicolas Valley, and will make detailed tours of the Community taking additional character photographs and making a photographic inventory. c. Community Input Meeting - During a community-wide meeting, PDS will get input from the local residents regarding their feelings about the existing and desired character of Nicholas Valley, and the types of streetscapes and landscaping they envision. d. At an appropriate milestone in the process, attend a progress meeting with City Staff to discuss work to date. e. When the general direction of the guidelines has been determined and initial ideas determined, hold an interim Community Review Meeting to get input from residents.. f. When the Community design "vision" is roughly determined and the design enhancement guidelines are in preliminary draft form, a meeting will be held with City Staff to present the Draft Guidelines for review and comment. g. After the Guidelines are completed incorporating all comments, a final public meeting with the entire Nicolas Valley Community will be held to present the Guidelines in Power Point format (Note: Steps Two-Four will be substantially complete prior to this meeting). h. Present Power Point Show at Planning Commission Hearing i. Present Power Point Show at City Council Hearing Step Two -Nicolas Valley Map It is important that the vision design guidelines be applied to the primary roads in the Community. It is not necessary that they apply to secondary ar local roads. A map will be prepared that identifies the following: • Primary roads to which the Guidelines will apply • Existing and proposed pedestrian/equestrian Regional and Community Trails {Provided by City Staff) • Community Entry Monuments Using City-Provided shape files as a base, PDS West will provide the information in AutoCAD format to the City GIS Dept., who will convert it to their format and print as necessary. Step Three -Community "Vision" and Identity Design Guidelines 10 Design guidelines will be prepared that reflect a vision of the Community. This "vision" will include a theme that fits the Community's character that unifies it, that will blend existing land uses into new growth with a sensitivity that gives Nicolas Valley a sense of place, a distinct community identity. This urban design/planning effort will include identifying, creating and documenting some primary icons -elements that make a strong visual statement of what Nicolas Valley is about. These elements will make up the streetscape of major public roads, and development fronting these roads. They will include a community logo, signage, fences, walls and landscaping. Once this vision has been determined, the guidelines will be prepared that reinforce the character and theme of the vision. The specific elements, for which design guidelines will be prepared, will be determined after a vision has been conceptualized. The anticipated elements follow: a. Nicolas Valley Logo -This effort will encapsulate the desired Community character and identity into a graphic symbol. The logo will be designed to work in many applications and in different materials. b. Streetscape of Major Roads • Lighting, with "dark skies" emphasis • Fencing and Walls around and within development, along streets, and circumstances where limited or no fences or walls should be used (the "open vistas" character of the area must be protected and enhanced by the Guidelines). • General signage guidelines for subdivisions. • Community Entries and Intersection Monumentation. • Landscaping along streets in context with the community's character. c. New Residential Development (abutting major roads} building upon section b, above, for: • Lighting • Signage • Landscaping • Entry Monumentation • 360 Degree Architecture These elements should address landscaped setbacks, walk locations, the use or prohibition of use of walls and fences, and guidelines including plans, sections or other graphics. In particular the appropriate use (or not} of walls and fencing should reflect the attitudes of the community and do so in a manner that, for example, does not block views and vistas, nor create a "tunnel effect" on the roads within the community. Step Four- Power Point Presentation of Design Guidelines PDS West will prepare a Power Point Slide Show of the Design Guidelines, Photos of the Community and appropriate character photographs. Step Five -Design Guideline Section of the PDO 11 In collaboration with City Staff, PDS West will prepare a graphic and textual Design Guidelines Section that implements the vision for the Nicolas Valley. It will contain compelling graphics, plans, and sections as needed to illustrate the guidelines. City staff will write much of the text for this section. PDS West will provide graphics and integrate text and graphics using Adobe In Design, formatted to match the PDO format. B. FINAL WORK PRODUCTS • Meetings (8) - 3 Community Meetings - 3 Interim Meetings with staff - 1 Planning Commission Meeting - 1 City Council Meeting • Nicolas Valley Area Map(s) • CD with Power Point Show • CD with In Design file and print-ready Adobe Acrobat PDF file of Design Guidelines Section. C. WORK SCHEDULE: The anticipated schedule for completing work is as follows. Nate: The following schedule is extremely tight. If the City delays providing required maps, reviews or input, the schedule will be extended by the amount of the time delay. Work Task Completion Initial Meetings, Data Gathering & Review Research, Reconnaissance & Photographic Inventory Community Input Meeting Preliminary Visioning Efforts Outline of Guidelines, Draft of Community Map and Draft of Logo Interim Community Review Meeting December 4 Prepare Draft of Design Guidelines First Progress Meeting City Staff Schedule: Refine Guidelines and Prepare Draft Power Point Show and Hold Review Meeting with City Staff 2009 Community Wide Presentation Meeting Schedule: 2009 Week of Sept. 29 Week of October 6 October 23 Week of Nov. 10 Week of Nov. 24 November 27 or Week of January 5. 2009 Week of Jan 12, 2009 Week of February 16, Week of February 23, 12 Refine Guidelines, Complete Guidelines Section & Power Paint Show of Design Guidelines Week of March 2, 2009 Final Correction and Delivery of Work Products to City Week of March 9, 2009 Present at Planning Commission Hearing June 17, 2009 Present at City Council Hearing July 28, 2009 13 EXHIBIT B PAYMENT RATES AND SCHEDULE COST PROPOSAL -Cost for above work is $35,000 Public Participation, Data Review and Meetings $ 8,000 Community Vision, Map, and Design Guidelines $ 15,000 Power Point Presentation $ 5,000 Design Guidelines Section of PDO 7 000 TOTAL $ 35,000 Name and Title Hourly Rate Robert Lacoss, Prlnclpa! $ 200 Steve Oh, Designer $ 125 Ramon Swaim, Graphic Designer $ 125 Dustin Yonge, Graphic Artist $ 100 14 o7•Z3 fe ACORD CERTIFICATE OF LIABILITY INSURANCE I GATE ,N ~- - 02-23-2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I UNIONBANC INSURANCE SERVICES/PHS ~ ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE 11$0672 P: (866)467-8730 F: (877) 905- 0457 ALTER THEHCOVERAGEA FORDED BY THE POUCEES BE OW. IPO BOX 33015 I SAN AiQTONIO TX 7$265 I INSURERS AFFORDING COVERAGE '"b°"EO B>ISUREflA:Hartford Casualt Ins Co I INSUflEA R: PDS LACOSS INC. DBA: PDS WEST f INSURERC: I 1271.84 ORTEGA HIGHWAY 206 INSURER O: ,'_5AN JUAN CAPISTRANO CA 92675 IINSUREH E: COVERAGES TH[ POLICES OF INSURANCE. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH POL Y P RI D NDICATED. NOTWITHSTANDIN ANV REOUIREMENT, TERM OH CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIiICH "PHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 7HE iMSUHANCE AFFORDED BY THE POLICIfS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. IITg I ttPEOF INSUMNCE POLICY NUMBER I DALE jN MFDDIYYE DRTE MMPID~YY" ^MITS GENERAL LIgBILItt EACH OCCURRENCE $1, 0001 000 A COMMERCIAIGENERALLIARILITV 72 SBA GG5388 05/05/08 05/05/09 FIRE DAMAGEIAnyorofire) 53OOr000 _ICLAIMS MADE~X OCCUN MED E%P lAny one Penanl IS1O OOO f General Liab (PERSONAL BADV INJURY Sl OOOE OOO ~ ~ GENERAL AGGREGATE ~ 000 Is2 000 _ , , I ~GEN'LAGGREGATELIMITAPPLIESPER: (PRODUCTS-COMP/OPAGG I52r000rOOO i POLICY I JECT X LOC A j AU I TOMO&LE UABIUtt CDMBINEO SINGLE LIMIT 51 ~ OOO O O O I I ANVAUro 72 SBA GG5388 OS/OS/08 05/OS/09 lega<°"k^" ~ I I ALL 0\YNED AUTOS BODILY INJURY I SCHEDULED AUTOS ( per Pel^-oN 5 I X HINEDAVTOG X NON~OWNED AUTOS ~ BDDILY INJURY (Per aecidmq S I_ ~ ~ I I PflOPERTY DAMAGE IPa acadenq 5 OARAOE ILABI/ltt r- I I LAUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC OTHER THAN , 5 AUTO ONLY: pGG 5 E%CESS 4AMLltt EACH OCCURR N 1 E CE 6 I ~ OCf,UR ~L ~ CLAIMS MADE gGGREGATE 15 I - I 5 I neoucne.E s I RETENTION 3 I ~ S WORMERS COMPENSATION ANO EMPLOYERS' l1ABILIIY WC STATLL OTH- T RV E.L. EACH ACCIDENT 3 E.L. DISEASE ~ EA EMMOVEE 4 E.L. DISEASE-POLICY LIMIT 5 OTHER DESCRIPTION OP OPEMTM)NSILOCATN)NSIVEHN;lE51E%CLUSgNb ADDED BY ENOORSEMENTISPECUL PROVISM)NS ( of Tem (Those usual to the Insured's Opera ecul tions. a MAR 0 7 2008 __ Fina CERTIFICATE HOLDER I ADDITN)NAL WSUREO; ff15ORFA LETTER: C CELL ION _ SHOU LD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I ~ Ci ty of Temecula I F'XPIfiATION GATE THEREOF, TI1E ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE f10 DAYS F R P Attn : Theresa O NON- AYMEN7T TO THE CERTIFICATE HOLDEN NAtdED TO THE LEFT, BUT' FAILURE TO DO SO SHALL IMPOSE NO 1 x'O BOX 9033 OBLIGATICIN OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR HEPRESEN7A FIVES. Temecula CA 92589 r q ORI OR ESEN AT ACORD 25-5 p/971 ~ ACORD CORPORATION 1988 Sep 08 2000 17.42.93 -> 951 694 6977 The Hartford Fax Paye 003 ACORD,N CERTIFICATE OF LIABILITY INSURANCE MEa °"" B45A 09-08-2008 rvroouclA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNIONBANC IN6URANCE SERVICES INC ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 185703 P: (714)578-7000 F: (714)578-7001 ALT ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 LANGSDORF DRIVE SUITE 100 FULLERTON CA 92831 INSURERS AFFORDING COVERAGE lLfuNEC INeugFgAHdZtfOrd In6 Co of the Midwe6t INEVPFR E. PDS LACOS6 INC. DSA: PDS WEST INeunfn c: 27184 ORTEGA HIGHWAY 206 INfunER D: SAN JUAN CAPISTRANO CA 92675 INfuRERe COVERAGES ANV REOUIRFMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPEC' MAV PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESC RISED HEREIN IS SUBJECT TO ALL POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS, MM NGI AOLA:VNWlM YLH OTIVYE m m~YNN fliTA)N LM? S LTA TVK Of INSNRA tt 0!/YgAI WIILITV EACH OCCVRRfNCf I CDMMEflCIAL DENERAL LIABILITY FIRE OAMADE IApy In•IRp LLAIM6 MADE ~ DCLUR MEO EXP IAny one penaRl . p ER60NAL E AOV INJURY . GENERAL AGGREGATE I IT APPLIF6 PER: G[N'I AGGREGATE LIM PRDOUCT6 ~CDMP/OP AGG • po pOLICV jRCt LOC ApT ON01!l OANOTV CCMBW EO 91NOLE LIMIT • ANY AVTO IEi LCCItlIRp ALI OWNED AVTOf EDOhV INJVgV • SCHEDULED AUT06 IPo pn.onl VIREO AVT09 EDGILY INJURY I NON~OVMEO AVTOE Pw ¢cltlentl PROPERTY DAMAGE • IPv .oAdeml CAAAOl LNEfIIV AUTO ON LY~fA ACCIDENT I ANY AVTO OTHER THAN EA AGG I AUTO ON LV: AGG LX[YSf L/AIERV FACN OCCVRRFNCF • OCGVR J GLAIM9 MA Of ADDREDATE I 1 DEDUCTIBLE • q ETFN TION WOHYMfCONKMATMN ANf X WC ETATV~ DTN~ A ENlwrfRELwNLrrr 72 WEC NU9779 04/20/08 04/20/09 ELFACHACCIDfNi .1 000 000 F.L. DIOEAEF ~fA GMPLOVGf •1,000,000 GL. OIEEAEIf POLICY LIMIT IS OOO DOO OTKR CEEONYfn)N OF 0/EEA1/OAQ.M1OGATNABNEMOLFYFXOYLWIOM(AVwV /~ ARWnssm•n„wrvwt. Those usual to the Insured's Operations. 6HOULD ANV OF TXE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL lNDEAVOR TO MAIL C1ty O£ Temecula 30 DAYS WRITTEN NOTICE p0 DAYS FOR NON-PAVMENTI TO THE CERTIFICATE IMPOSE NO AL L HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH Attn : There6a HdZZ 16 OBLIGATION OR LIABNTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PQ BQX 9033 REPRESENTATIVES. TEMECULA, CA, 92589 AvrnvmrEORMREEENTanvE ACORD 26-517187) - "`'""" """""'~""" '°°° 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: September 23, 2008 SUBJECT: Traffic Signal Installation -Rancho California Road at Business Park Drive West, Project No. PW07-02 -Acceptance of Improvements and filing the Notice of Completion PREPARED BY: Greg Butler, Deputy Director of Public Works Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Accept the Traffic Signal Installation on Rancho California Road at Business Park Drive West, Project No. PW07-02, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed; BACKGROUND: On October 23, 2007, the City Council awarded the contract for the Traffic Signal Installation on Rancho California Road at Business Park Drive West, Project No. PW07-02, to Ramilan Electric, Inc. in the amount of $179,500.00 and authorized a contingency in the amount of $17,950, 10% of the contract amount, for a total authorization of $197,450.00. This project was approved by the City Council in the Fiscal Year 2007/ 2008 Capital Improvement Program and Budget. The work included the installation of the traffic signal and all its components, upgrading all pedestrian ramps to be ADA compliant, and installing the appropriate traffic and street name signs. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works. The date the traffic signal was turned on was February 26, 2008. All work will be warranted for a period of one year from the date of the signal turn on, when the City gained "beneficial use" of the project improvements. The retention for this project was released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Traffic Signal Installation on Rancho California Road at Business Park Drive West is a Capital Improvement Project funded by Development Impact Fees {DIF) - Traffic Signals. The total construction cost was $188,269.81. This includes the original contract of $179,500.00 plus $8,769.81 in approved change orders. The net cost to the City was only $183,485.52 as portion of the change order work, $4,784.29, was reimbursed by Verizon for minor modifications made to allow their facilities to remain in place in lieu of more costly relocations. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43208 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Ramilan Electric Inc. (1515 W. Ball Road, Anaheim, CA 92804) to perform the following work of improvement: Traffic Signal Installation -Rancho California road at Business Park Drive West Project No. PW07-02 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 23, 2008. That upon said contract the Indemnity Company of California was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Rancho California Road at Business Park Drive West 6. The location of said property is: Rancho California Road, Temecula, California Dated at Temecula, California, this 23`d day of September, 2008 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 1 ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 23rd day of September, 2008. City of Temecula Susan W. Jones MMC, City Clerk L"Program Files (x8ti}1Neevia.ComlDocument Converterltemp1894727.doc Form PREMIDM INCLDDED IN PERFORMANCE BOND Bond No. 734263P CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07 02 TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST KNOW ALL PERSONS BY THESE PRESENT THAT; Ramilan Electric, Inc. - 1915 W. Ball Road, Anaheim, CA 92804 NAME AND ADDRESS CONTRACTOR S a Corporation ,hereinafter called Principal, and (h!! in whether a Corporation, Partnership or Individual) Indemnity Company of California - 17780 Fitch, #200, Irvine, C A 92614 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of SEVENTEEN THOIISAND NINE HUNDRED FIFITY ******************************** DOLLARS and _ NO/100***************'"CENTS ($ 17,950.00******) in lawful money of the United States, said sum being not less than ten ('i 0%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 23rd _ day of October 2007, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW07~ 02, TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (7) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on 2-22-2008 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION tS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were famished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by MAINTENANCE BOND AA-1 R~CIPIPR0.7ECTS1PtIVORpyyp~-02 Tn~e 5lpnef atRC Rd 6 9uvneu lark pMe, Y/r.Pgid pxtipyypla2 Spas 7S.cy the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition tv the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 19th day of (Seal) Indemnit Com an of Cali mia SURETY By. Les M. Mantle (Name) Attorney in Fact (Title) June 2008 Ramilan ~ ric, In PRINC AL By: Ramiro ttivero (Name) President (Title) APPROVED AS TO FORM: Peter h1. Thorson, City Attorney ey: (Name) (Title) MAINTENgh'CE BOND rt-2 R;~gP{PRQJEtT'S1-lY;ITPwotdtt,~s• „ q" al RC Rd l 9u~Mezz P7t* p~,q MAi1'Aid ~octiVVNJT4i Si:G7 TS.On[ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On ~'~~~~ before me, ~r'y Martignoni -Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Les M. Mantle Name(s) of Signer(s) .~ ~~ARY F~.~gPYIONONI r ~,,,~ ,off ~'~:i~fv1. # °~'~~':1251 ~ t ,~ }C3TARY PUBLIC - CALIFORNIA ~ ORANGE COUNTY My Comm. Expires Sept. 9, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat Place Notary Seal Above ignat of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual Les M. Mantle ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ~l Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: _ Indemnity Company of _ California Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ®2007 N0lional Notary Association -3350 De Som Ave.. P.O~ Hox 2aoz • chatsuorth, CA 91313-24(12 • www,NetionalNotaryorg Ifem N5907 Reor~r. Gatl Toll•Free 1.800876.6627 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limtted, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Les M. Mantle*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- shipgiving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attaney(s)•in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolu8ons adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attorney(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shalt be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by (heir respectve Assistant Secretary this January 1st, 2008. ,,....„...~....a,. By_ Stephen T. Pate, Senior Vice President r`;~~lQ'~~~pOR4j~`r~''• 6~MQ ~R ~ C f~ l OCT. ~ <~ 2` 2 d o By: $d4 10 to w 9675 O Charles L. Day, Assistant Secretary ~>~z,. t g S s f~a;tr p c _ Q• _ =a,~O•-.IOWA,..*a~bfrr ~ '4<1fORa\ a State of Califomia ~ # '''~m.„k ~..a~ •~ County of Orange On January 1st, 2008 before me, Christopher J Roach Notary Public Date Here Insert Name and Title of the Officer personalty appeared Stephen L Pate and Charles L Day Name(s) of Sgner(s) who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s) islare subscribed to fhe within instrument and acknowledged to me that helshelthey executed the same in hisfhedthefr authorized ~~~ ~ capacity(ies), and tlrat by hislfredtheir signature(s) on the instrument the person(s), or the entity upon behalf of ~" ~t~7 ~ which the person(s) ailed; executed the instniment ~ COMM. ~ 1745939 ~~ ~~ ~~ ~ I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is CrRANKiE GOtJHfTY true and correct cortatt.6oglira~ilutny 19, 2D1t WITNESS my hand and offi ial seal. Place Notary Seal Above Signature ~ _ Ch ' er J. Roach .- CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full farce and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califomia, the 19 day of June , ,2008. BY: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) RECEIVED CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT AUG 2 8 2008 ~ CITY OF TEMECULA CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE rUBLIC WORKS DEPARTMENT PROJECT NO. PW07-02 TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST This is to certify that ~.c~v~l~ti~ Ue~'F~ fit,. (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in fuA for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW07-02, TRAFFIC SIGNAL INSTALLATION RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE, WEST, situated in the City of Temecula, State of California, more particularly described as follows: ,vv~l~ ~a ERT ADDRESS OR ~~ ~~e ~ ~~ ~ ~~t~-C l1~ e~ ~ , CRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: ~ Q - o1Co - O $ By RELEASE R-1 R:1CIPIPROJECTSIPW071PW07-02 Traffic Signal at RC Rd & Business Park Drive. WestlBid DasIPW07-02 Specs TS.da 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: September 23, 2008 SUBJECT: Geotechnical, Material Testing and Special Inspection Professional Service Agreement for the Old Town Infrastructure Project -Parking Structure PW06-07 (1 D) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the City Council Approve an Agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing and special inspection services associated with the Old Town Infrastructure Project -Parking Structure PW06-07 (1 D), in the amount of $360,018.00 and authorize the Mayor to execute the Agreement. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $36,000.00, which is equal to 10% of the Agreement. BACKGROUND: On August 26, 2008, City Council awarded a construction contract for the Old Town Parking Structure project. As part of that contract the entire Civic Center site will be graded and retaining walls constructed along the northerly and easterly boundaries. The purpose of the subject Professional Services Agreement is to provide the necessary soil & material testing, and special inspection for the scope of work included in the Parking Structure construction contract. Another item on this evening's agenda covers the geotechnical, material testing and special inspection agreement to address these needs on the Civic Center site excluding the aforementioned mass grading and boundary retaining walls. The Public Works Department requested proposals from firms with extensive experience in geotechnical & material testing of similar projects. Twenty Four (24) firms responded to the RFP. Staff rated Leighton Consulting, Inc. as the firm most qualified to provide the needed services; they have extensive experience with similar projects and have completed similar work for the City in the past. Leighton will provide all the geotechnical & material testing and special inspection services shown in Exhibit "A" of the attached agreement. 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 Civic Center is included in the CIP Budget and is funded separately with Capital Project Reserves and Certificates of Participation {GOP's). Adequate funds are available in the project accounts forthis $396,018.00 request, which includes the $360,018.00 contract plus a $36,000.00 contingency. The expenditure will be allocated to the project accounts as shown below: Project Name Project Acct # 210-165- Available A ro riation Ex enditure Balance Parkin Structure 644-5805 $322,500A0 $317,018.00 $5,482.00 Civic Center 751-5805 $500,000.00 $79,000.00 $421,000.00 Total $822,500.00 $396,018.00 $426,482.00 ATTACHMENTS: 1. Parking Structure Project Location & Description 2. Civic Center Project Location & Description 3. Professional Service Agreement with Leighton Consulting, Inc. PROJECT LOCATION Project Title: OLD TO~~N INFRASTRUCTURE PRO.IECTS -PARKING STRUCTURE, OFFICE AND RETAIL N A 184 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 PROJECT LOCATION Project Title: CIVIC CENTER A 90 PROJECT DESCRIPTION Project Title: Project Type: Description: CIVIC CENTER Infrastructure Project will construct an approximately 93,000 square-foot, three-story City adininistrationbuflding and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. PRIORITY: I Department: Plaruling/Public Works - 210.165.751 Scope of Project: Project will uiclude design and construction of a three-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Benefit: Project will conti nue to promote the rev italization of Old Town and provide a permanent facility for admini strative staff through build-out. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 2,505 $ 397,495 $ 325,000 $ 725,000 Acquisition $ 82,000 $ 82,000 Construction $ 44,200,000 $ 44,200,000 Construction Engineering $ 500,000 $ 500,000 Design $ 1,348,391 $ 3,872,609 $ 5,221,000 Fixtures/Furn/Equip $ 1,500,000 $ 2,000,000 $ 3,500,000 Utilities $ 385,000 $ 385,000 Totals $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Source of Funds: Capital Project Reserves $ 1,350,896 $ 27,066,676 $ 2,325,000 $ 30,742,572 COPS $ 23,270,428 $ 23,270,428 DIF (Coipoi~ate Facilities) $ 600,000 $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Future ~ & M Cost: $ 900,000 A nnually 91 AGREEMENT FOR PROFESSIONAL GEOTECHNICAL, MATERIALS TESTING and SPECIAL INSPECTION SERVICES BETWEEN THE CITY OF TEMECULA and LEIGHTON CONSULTING, INC. OLD TOWN PARKING STRUCTURE PW46-47(1 D) THIS AGREEMENT is made and effective as of September 23, 2008, between the City of Temecula, a municipal corporation ("City"}, and Leighton Consulting, Inc. ("Cansultant"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence an September 23, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2010, unless sooner terminated pursuant to the pravisians of this Agreement. 2. SERVICES. Cansultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Cansultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Cansultant shall at all time faithfully, competently and to the best of his ar her ability, experience, and talent, perform all tasks described herein. Cansultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Cansultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the pravisians of Section 1773 of the Lobar Cade of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate far holiday and overtime work in this locality far each craft, classification, ar type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gav. Cansultant shall provide a copy of prevailing wage rates to any staff ar sub-contractor hired, and shall pay the adapted prevailing wage rates as a minimum. Cansultant shall comply with the pravisians of Sections 1773.8, 177, 1776, 1777.x, 1777.0, and 1813 of the Lobar Cade. Pursuant to the pravisians of 177 of the Lobar Cade, Cansultant shall forfeit to the City, as a penalty, the sum of $50.00 far each calendar day, ar portion thereof, far each laborer, worker, ar mechanic employed, paid less than the stipulated prevailing rates far any work done under this Agreement, by him or by any subcontractor under him, in violation of the pravisians of the Agreement. 5. PAYMENT. a. The City agrees to pay Cansultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed THREE HUNDRED SIXTY THOUSAND EIGHTEEN DOLLARS AND NO CENTS 1 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc ($360,018.00} far the total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. The City Manager may approve additional work up to ten percent {10%) of the amount of the Agreement as authorized by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Consultant will submit invoices monthly far actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, far services provided in the previous month. Payment shall be made within thirty {30} days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty {30} days of receipt of an invoice of any disputed fees set forth an the invoice. Far all reimbursements authorized by this Agreement, Consultant shall provide receipts far all reimbursable expenses in excess of fifty dollars ($~0} in such farm as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, far any reason, with ar without cause, suspend ar 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 ar 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 5 above. 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 far cause under the terms of this Agreement, City shall have na obligation or duty to continue compensating Consultant far 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 ar 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. R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, casts, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City, ar its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said banks 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 far a period of three (3} years after receipt of final payment. b. Upon completion of, ar in the event of termination ar suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files captaining data generated for the work, surveys, Hates, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall became the sale 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 far the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware far purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. a. Indemnity far Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/ar Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, ar Agency officials, (collectively, "Indemnitees"}, from any claim, demand, damage, liability, loss, cast or expense (collectively, "claims"}, including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, ar relating to the negligence, recklessness, ar willful misconduct of Consultant ar any of its officers, employees, sub-consultants, ar agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and/ar Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In cannectian with all claims pat covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/ar Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the rate of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, lass, cost ar expense (collectively, "claims"}, including but not limited to death or injury to any person and injury to any property, arising out af, pertaining ta, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action ar actions filed in cannectian with any such claims with counsel of City, District and/ar Agency's choice, and shall pay all casts and expenses, including actual attorney's fees, incurred in cannectian with such defense. 14. INSURANCE REQUIREMENTS. Consultant shall procure and maintain far the duration of the Agreement, insurance against claims far injuries to persons or damages to property, which may arise from ar in cannectian with the performance of the work hereunder by the Consultant, its agents, representatives, ar employees. 3 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tsig Agrmt.doc a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1} Insurance Services Office Commercial General Liability farm No. CG 00 01 11 85 or 88. 2} Insurance Services Office Business Auta Coverage farm CA 00 01 06 92 covering Autamabile Liability, code 1 {any auto}. If the Consultant awns na automobiles, anon-awned auto endorsement to the General Liability policy described above is acceptable. 3} Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, Workers' Compensation Insurance is not required, but Consultant shall execute a declaration that it has no employees. 4} Professional Liability Insurance shall be written an a policy farm providing professional liability far the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits na less than: 1 } General Liability: One million ($1,000,000} per occurrence far bodily injury, personal injury and property damage. If Commercial General Liability Insurance ar other farm with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location ar the general aggregate limit shall be twice the required occurrence limit. 2} Autamabile Liability: One million ($1,000,000} per accident far bodily injury and property damage. 3} Workers' Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000} per accident for bodily injury or disease. 4} Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles ar self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a band guaranteeing payment of lasses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, ar be endorsed to contain, the fallowing 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 ar an behalf of the Consultant; products and completed operations of the Consultant; premises awned, occupied or used by the Consultant; or automobiles awned, 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. R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc 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 with it. 3} Any failure to comply with reporting ar other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees ar volunteers. 4} The Consultant's insurance shall apply separately to each insured against wham claim is made ar 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." 0} If insurance coverage is canceled or reduced in coverage ar 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 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 na 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 an its behalf. The endorsements are to be an 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 farms, the Consultant'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. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement an behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, ar volunteers shall have cantral aver the conduct of Consultant ar any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time ar in any manner represent that it ar any of its officers, employees ar agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, ar bind City in any manner. b. Na employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except far 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 far City. City shall not be liable far compensation or indemnification to Consultant far injury ar sickness arising out of performing services hereunder. 5 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law ar in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, 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 ar other information concerning the work performed under this Agreement, ar relating to any project ar property located within the City. Response to a subpoena ar court order shall not be considered "voluntary" provided Consultant gives City notice of such court order ar subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents ar subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request far admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under ar with respect to any project ar property located within the City. City retains the right, but has na obligation, to represent Consultant and/ar be present at any deposition, hearing ar 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 ar mean the right by City to control, direct, ar 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 ta, 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 ar at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below ar on the third business day fallowing deposit with the document delivery service ar United States Mail as provided above. TO Clty: Mailing Address: City of Temecula P.©. Bax 9033 Temecula, California 92589-9033 Attention: Deputy Director of Public WarkS - CIP -ar- Physical Address: City of Temecula 43200 Business Park Drive 6 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc Temecula, Califarnia 92590 Attentian: Deputy Director of Public Works - CIP To Consultant: Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, CA 92590 Attentian: Arasan Singanayaham, Project Engineer 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sale compensation shall be payment far actual services performed up ta, and including, the date of termination ar as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of Califarnia 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, ar federal district court with geographic jurisdiction aver 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. 18. PROHIBITED INTEREST. Na officer, ar employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub-consultants for this project, during his/her tenure, ar far one year thereafter. The Consultant hereby warrants and represents to the City that no officer ar employee of the City of Temecula has any interest, whether contractual, non-contractual, financial ar otherwise, in this transaction, ar in the business of the Consultant ar Consultant's sub-consultants an this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior ar contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force ar effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's awn independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person ar persons executing this Agreement on behalf of Consultant warrants and represents that he ar she has the authority to execute this Agreement an 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. 7 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: By: Susan W. Janes, MMC, City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney Leighton Consulting, Inc. 4171 ~ Enterprise Circle North, Suite 103 Temecula, CA 92590-5661 Phase (951 } 296-D530 Fax: {951) 296-0534 BY: Thomas C. Benson, Jr., President & CEO Terrance M. Brennan, Chief Financial Officer 8 R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc EXHIBIT A TASKS TtJ BE PERFf~RMED & PAYMENT RATES PW06-07(1 D}OLD TOWN PARKING STRUCTURE Geotechnical, Materials Testing and Special Inspection R:\AGENDA REPORTS\2006\092306\CIP1PW06-07 Testing Parking Structure\3 Leighton tstg Agrmt.doc E.Kt~~gtT ii,~~~ Old Town Parking Structure Laboratory Material Testing and Special Inspection Services City of Temecula August 18, 2008 (Revised September 9, 2008) Fee Schedule Our current billing rate schedule amended for this project is attached herewith. We have amended our fee schedule for this project with reduced professional, technician, and inspector rates. We understand that this project is a public works project, i.e., public funds are being used for construction and that we must provide our services and in accordance with the current prevailing wage law of the State of California. Leighton Consulting, Inc. Old Town Parking Structure Laboratory Material Testing and Special Inspection Services City of Temecula August 18, 2008 (Revised September 9, 2008) 2008 PROFESSIONAL FEE SCHEDULE* Parking Structure -Project No. PW06-07 (1 D) PROFESSIONAL GEOTECHNIAL SERVICES Technical Staff Hourly Rate Soil/Field Technician (Prevailing Wage) " .................................... ........................................... $~ Special Inspection, Structural Steel (Prevailing Wage) " ............. ............................................... 80 Staff Engineer/Geologist/Scientist/Field Supervisor ...................... .............................................42~ Senior Staff Engineer/Geologist/Scientist ..................................... .............................................138 Operations Manager/Equipment Operator .................................... .............................................469 Project Engineer/Geologist/Scientist ............................................. .............................................469 Senior Project Engineer/Geologist/Scientist ................................. .............................................476 Associate ...................................................................................... ............................................. 4~ Principal ........................................................................................ ............................................. 2=t5 Technical Support Staff Hourly Rate Administrative Assistant/Word Processor ..................................... ............................................. $78 CAD Operator/Technical Illustrator/GIS Specialist ........................ .............................................110 Engineering Equipment Unit Rates Vehicle usage ............................................................................... ..........................$12 10 per hour Nuclear density gauge .................................................................. ........... NO CHARGE ~ per day Other equipment ........................................................................... ................. Quoted upon request Laboratory Soil Tests Unit Rates Particle Size: Sieve (passing 1'/2-inch to - #200) .......................... ........................................... $110 Sand Equivalent (SE, CTM 217 .................................................... ............................................. 210 Percent Passing # Sieve wash sieve on (ASTM D 1140) ........... ............................................... 70 Modified Proctor (ASTM D 1557) - 4 points 4 inch diameter mold ................................................................................................................. 220 6 inch diameter mold ................................................................................................................. 245 Expansion Index (EI, ASTM D 4829-03) .................................................................................... 131 R-value, untreated soils (CTM 301, 3/2000) .............................................................................. 310 R-value, lime or cement treated soils (<_7%additive) ................................................................. 338 MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES Special Inspection Services (field) Special Inspection Concrete ICC Special Inspection Post-Tension Concrete ICC Special Inspection Structural Steel/Vllelding & Bolting ICC Special Inspection Masonry ICC Special Inspection Shotcrete or Gunite ICC Batch Plant Inspection Concrete/Asphalt Fabrication Inspection (Local) AWS/CWI, ICC, Glulam Technician Services Pick-up and Delivery - (weekdays, per trip, <50 mile radius from Leighton office) Professional Construction Materials Engineering Services Project Management /Materials Inspection Manager Administrative Assistant/Word Processor Review of files for final letter of affidavit (minimum 2 hours) Prevailing Wage $74 $89 $74 $89 $74 $89 $74 $89 $74 $89 $74 $89 $74 $8a Prevailing Wage $40 Hourly Rates $110 65 150 $75 75 115 145 145 160 170 170 65 Leighton Consulting, Inc. 2 FXt-~1C~11 ~~ X11 Old Town Parking Structure Laboratory Material Testing and Special Inspection Services City of Temecula August 18, 2008 (Revised September 9, 2008) Concrete Strength Characteristics Method Per Test Concrete Cylinders (6-inch by 12-inch) -Compression ASTM C-39 $25 Gunite /Shotcrete Cores (laboratory coring and testing only) ASTM C-42 60 Mix Design, Review of Existing 150 Masonry Method Per Test Mortar Cylinders (2-inch by 4-inch) ASTM C-780 $25 Grout Prisms (3-inch by 6-inch) ASTM C-1019 25 CMU Grouted Prisms (compression test <_ 8 inch by 8-inch by 16-inch) ASTM E-447 180 CMU Grouted Prisms (compression test > 8-inch by 8-inch by 16-inch) ASTM E-447 250 Structural Steel Method Per Test Brinell & Rockwell Hardness Test ASTM A-370 55 Pre-stressing Method Per Test Prestressing cable, 7 wire (Breaking strength/Modulus of Elasticity) ASTM A-416 190 Weld Procedure and Welder Qualifications Unit Rates Bolt Tensile Test 50 each Outside Services Non-Destructive Testing (NDT) of Welds ANSI $90 TERMS AND CONDITIONS ^ All soil samples should be free of hazardous materials. Samples will be stored for 2 months after which they will be discarded. A monthly storage charge of $10 per bag and $5 per sleeve will be applied. • Overtime for field personnel (technician and field staff level) will be charged at a-5 1.2 times basic hourly rate listed above up to 12 hours per 24 hour interval, and 2 1.5 times basic hourly rates when exceeding 12 hours in 24 hours, and/or during Sundays and holidays. ^ Invoices are rendered monthly, payable upon receipt. ^ Proposals are valid for minimum of 89 90 days, unless otherwise stated in the proposal. ^ Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 28 % 10 %, unless billed directly to, and paid by client. • These rates are predicated on standard insurance coverage and a limit of liability to our fees for the project. ^ Minimum Hourly Charges for Soil Field Technicians: 1. Monda -Frida Y Y .................................................................................NONE 2. Saturda and Sunda N Y Y ...................................................................... ONE ^ Special Inspector or Materials Testing Technician (Field Time Only) 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ................. 2Hours 2. One-half working day or less ..................................................................................... 4 Hours 3. Over one-half working day/or begins before noon and extends into afternoon ......... 8 Hours • After all designated 28-day breaks for a given set meet specified compressive strength, all "hold" cylinders will automatically be disposed of, unless specified in writing prior to the 28-day break. ^ All reports contracted for by our client will be considered confidential information and submitted directly to our client. We will require authorization by the client prior to distribution to parties other than those designated in Section 1704.1.2 and 1704A.1.2 of the 2007 California Building Code or Title 24, Part 1, California Administrative Code. ^ Inspector will remain on job until discharged by designated competent authority. ^ When not furnished for Inspector, parking will be charged at cost plus 29 10%. ^ The additional cost of any special licenses or permits for a project will be billed at cost plus 28 10 %. ^ Our hourly rates are in compliance with early 2008 prevailing wage requirements. As posted California Prevailing Wage rates change, our hourly prevailing wage rates will change accordingly. * Effective through December 31, 2009, after which remaining work will be billed at then-current rates. "* Subject to change based upon project advertised date and changes in California prevailing wage rates. Leighton Consulting, Inc. P61100487 i-% •~ Geotechnical Services Review of project plans & specification with emphasis on geotechnical and material testing services and attend preconstruction and progress meetings, as required Plans and Specification Review Project Engineer-Arasan Principal Engineer/Geologist-Simon/Bob Attend Preconstruction and Progress Meetings (assumed three) Project Engineer-Arasan Soil Technician--Bill/Shannon Field Vehicle Geotechnical Observation and Testing During Rough- and Precise-Grading of Parking Structure and Civic Center Sites (Estimated 8 weeks total duration full time observation and testing) Field Observation and Testing Soil Field Technician - BilllShannon Field Mapping during Remedial Grading (Over Excavation) Staff Geologist -Jeff Deland Field Engineer/Geologic Review Project Engineer/Principal Geologist-Arasan/Bob Field Vehicle Geotechnical Observation and Testing During Soil Back Fill behind Below Grade Structures and Perimeter Retaining Walls(Estimated 8 weeks total duration full time observation and testing) Field Observation and Testing Soil Field Technician -Bill/Shannon Field Engineer/Geologic Review Project Engineer/Principal Geologist-Arasan/Bob Field Vehicle Geotechnical Observation and Testing During Utility Trench Backfill (Estimated 2 week for storm drain lines & underground storm chamber, 1 week for sewer and water, and 1 wee k for Other Miscellaneous Utilities (electrical, gas etc.) Full Time and as needed basis observation and testing) Storm Drain Trench and Storm Chamber Backfill (Total length - 1400 ft) Soil Field Technician -Bill/Shannon Sewer and Water Trench Backfill (total length - 900 ft) Soil Field Technician -Bill/Shannon Other Miscellaneous Utilities (electrical, gas and other) Soil Field Technician -Bill/Shannon Field Operation Review/Quality Control Field Oper. Mngr/Proj. Engineer -Bill/Arasan Field VehiGe Field Observation and Testing During Subgrade Compaction and Aggregate Base Compaction for Pavements, curb and gutter, sidewalk, and other hardscape areas (Assumed 2 weeks total duration, part-time/on-call as needed basis) Field Observation and Testing Soil Field Technician -Bill/Shannon Engineering Evaluation and Review Project Engineer/Principal Engineer Field Vehicle Task A Geotechnical Serivices Old Town Parking Structure and Civic Center Rough/Post Grading and Retaining Wall Construction Tasks Staffing Estimated Estimated Total Task Duration hrs per Hours/ (weeks) week Quantities Fee Rate Estimated Cost - - 4 $145 $580 .00 - - 2 $170 $340 .00 - - 6 $145 $870 .00 - - 6 $75 $450 .00 18 $10 $180 .00 $2,420.00 40 320 $75 $24,000.00 8 32 $115 $3,680.00 2 16 $145 $2,320.00 368 $10 $3,680.00 $33,680.00 i 40 320 $75 $24,000.00 2 16 $75 $1,200.00 336 $10 $3,360.00 $28,560.00 ~_ ..~- 40 80 $75 $6,000.00 40 40 $75 $3,000.00 4 4 $75 $300.00 2 6 $145 $870.00 130 $10 $1,300.00 $11,470.00 20 40 $75 $3,000.00 2 4 $145 $580.00 44 $10 $440.00 $4,020.00 P61100487 '~~ Task A Geotechnical Serivices (Continued..) Geotechnical Laboratory Testing - - Maximum Dry Density and Optimum Moisture (soil) Soil Laboratory Technician 8 $220 $1,760.00 Gradation Soil Laboratory Technician 2 $110 $220.00 Sand Equivalent Soil Laboratory Technician 3 $105 $315.00 Maximum Dry Density and Opt. Moisture (Crushed Agg. Base) Soil Laboratory Technician 2 $245 $490.00 R-value (Aggregate Base) Soil Laboratory Technician 2 $310 $620.00 Expansion Index Soil Laboratory Technician 8 $131 $1,048.00 ~ .~. .,~.~_~ , . . _ ~ ~ .6. -~ s... ~ $4,453.00 _ .. . _. _. .... ~_.~_ __ _ _ Project Management and Field Coordination . ._. . .___ ._. _ ~. - _.. Schedule, budget, and personnel management - _ Project Manager/Field Oper. Mangr- ArasanlBill 30 $145 $4,350.00 Review of field dailies, Engineering review, Respond to Un anticipated Project Manager /Project Engineer-Arasan Geotechnical Conditions. 10 $145 $1,450.00 _ _ $5.800.00 Final Compaction report (One) Provide summary of field activities documenting field observation and Proj. Engineer/Staff Geologist- Arasan/Jeff 24 $145 $3,480.00 testing services. Provide recommendations regarding future maintenance $0.00 QA/OC of final report Principal Engineer /Geologist-Simon/ Riha 8 $145 $1,160.00 Field Data Reduction/Electronic Data Entry Word Processor 5 $65 $325.00 Geomatics GIS 4 $110 $440.00 Report editing and production Word Processor 8 $65 $520.00 $5,925.00 - Reimbersables _ - __. $1, 000.00 i ~~ r Total Estimated Budget for Task A- Geotechnical Servi ces $97,328.00 ~xt-~~61T ~~~~ ~ Prop. No. P61100487 Task B: Materials Inspection and Laboratory Testing Services Materials Inspection 8 Testing Estimated Budget Temecula Old Town Parking Structure (RFP # 164) Unit Quantity Rate Cost 1. Concrete Special Inspection Concrete ICC (concrete sampling) Hours 640 74 $47,360 Special Inspection Post-Tension Concrete ICC Hours 1400 74 $103,600 Special Inspection Post-Tension Concrete ICC (stressing) Hours 72 74 $5,328 Special Inspection Shotcrete or Gunite ICC Hours 48 74 $3,552 Pick-up and Delivery Each 93 40 $3,720 Concrete Cylinders (6"x 12") -Compression Each 745 25 $18,625 Gunite/shotcrete Cores (laboratory coring and testing only) Each 24 60 $1,440 Mix Design, Review of Existing Each 6 150 $900 Prestressing cable (Breaking strength/Modulus of Elasticity) Each 18 190 $3,420 Sub-total $187,945 2. Masonry Special Inspection Masonry ICC Hours 200 74 $14,800 Pick-up and Delivery Each 8 40 $320 Mortar Cylinders (2"x4") Each 21 25 $525 Grout Prisms (3"x6") Each 20 25 $500 CMU Grouted Prisms (compression test < 8" X 8" X 16") Each 11 180 $1,980 CMU Grouted Prisms (compression test > 8" X 8" X 16") Each 8 250 $2,000 Sub-total $20,125 3. Structural Steel/VUelding Special Inspection Structural Steel/Welding & Bolting ICC Hours 320 74 $23,680 Fabrication Inspection (Local)AWS/CWI, ICC, Glulam Hours 160 74 $11,840 Ultrasonic Inspection Hours 48 90 $4,320 Brinell & Rockwell Hardness Test Each 12 55 $660 Bolt Tensile Test Each 4 50 $200 Sub-total $40,700 4. Administrative Services Project Management /Coordination Hours 50 110 $5,500 Project Administration Hours 16 145 $2,320 Administration /Secretarial Time Hours 50 78 $3,900 Review of Files for Final Letter of Affidavit (min. 2 hours) Hours 8 150 $1,200 Sub-total $12,920 5. Reimbursables Sub-total $1,000 TOTAL (Materials Inspection and Testing) $262,690 6. Special Inspection (Services) Batch Plant Inspection Concrete Hours 36 74 $2,664 The above schedule of charges is based on our Ammended 2008 Fee Schedule. The rate for a certified special deputy inspector for this project is $74/hour at a daily four-hour minimum. Any hours worked in excess of the four-hour minimum will be charged at the eight-hour daily rate. Same-day cancellations will be charged as a two-hour minimum. Additional inspectors, overtime, and material testing not stated above will be provided as requested in accordance with our contract. Our services are dependent upon the contractor's work schedule. Variances to the construction schedule resulting in additional hours, trips, or tests are subject to additional fees as shown in the above estimate and attached 2008 Fee Schedule P61100487 for the Temecula Civic Center Old Town Infrastructure Project Parking Structure project. ~ ,~~ Ex~t-}1 g1~T ~~ {~\1 Prop. No. P61100487 Temecula Old Town Parking Structure (RFP # 164) Summary of Total Esitmated Budget Estimated Budget Task A Geotechnical Services during Rough Grading of Parking $97,328.00 Structure and Civic Center Sites and Post Grading Associated with Parking Structure Site Task B Materials Inspection and Testing Services $262,690.00 Total Estimated Budget (Task A and Task B) $360,018.00 Batch plant Inspection Services (Optional) $2,664.00 Total Estimated Budget (Task A, Task B and Optional Services) $362,682.00 f / •~ ITEM NC}. 1d 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: September 23, 2008 SUBJECT: Authorize Temporary Partial Street Closures for "Race for the Cure" Event October 19, 2008, in the Promenade Mall area (Margarita Road, Overland Drive, Ynez Road, and Solana Way) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREETCLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 19, 2008 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in orderto hold the Inland Empire Race for the Cure on Sunday, October 19, 2008, on and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The directly affected streets, including Ynez Road, Overland Drive, Margarita Road, and Solana Way would require some partial or full closures on the event date. The Mall Ring Road, a private road, will also be partially closed for the event. Provision for traffic movements along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route begins at the starting line located on the Mall Ring Road between Macy's North and JC Penny, proceeds west to Promenade Way southerly to Overland Drive, then westerly on Overland Drive to Ynez Road. The route then proceeds southerly along Ynez Road, easterly and southerly along Motor Car Parkway to Solana Way and then easterly along Solana Way, to Margarita Road. From Solana Way the route proceeds northerly to a u-turn at Winchester Road, returning southerly on Margarita Road to Mall Entrance at North General Kearney Road, westerlyto Mall Ring Road, to the finish line located in the parking lot east of Macy's North. The following summarizes the extent of street closures. The actual event hours are from 5:00 AM to 2:00 PM: Overland Drive -Overland Drive, between Margarita Road and Margarita Road will be fully closed. Ynez Road -Ynez Road, between Overland Drive and Motor Car Parkway, will be partially closed. The easternmost northbound lane will be closed for the event. Solana Way- Solana Way, between Motor CarParkwayand Margarita Road, will be partiallyclosed. The northernmost westbound lane will be closed. Margarita Road -Margarita Road, between Solana Way and Overland Drive, will be partially closed. The two {2) southbound lanes will be closed. Margarita Road, between Overland Drive and Winchester Road, will be partially closed. The westernmost northbound lane will be closed for the Event. Margarita Road, between Winchester Road and the Mall Entrance Road (North General Kearney), will be partially closed. The two (2) southbound lanes will be closed for the event. Mall Entrance Road (Private Street) -The westbound lane of the Mall Entrance Road, the one opposite North General Kearny Road, will be closed for the event. Mall Ring Road {Private Street) - A portion of the Mall Ring Road, between the start and finish lines, will be closed entirely for the event. The limits of the closure are between the Mall Entrance Road and the finish line east of Macy's north {along the southern portion of the Mall Ring Road). Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution far, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adapted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, ar public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the Inland Empire "Race far the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. The basic race course and event schedule is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. FISCAL IMPACT: Costs for City services have been provided for in the City budget in accordance with the funding agreement with the Inland Empire affiliate of the Susan G. Komen Breast Cancer Foundation. ATTACHMENTS: 1. Resolution No. 2008_ 2. Race Course Map = N 4~ ~ O ~ ~ V C~ ~ ~ ~ ~ ~ ~ ~O ~ ~ V ~- v ~E: ~o: ~~ ~N m ~ RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 19, 2008, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations far the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public streets for the Inland Empire "Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Inland Empire Temecula "Race for the Cure" on Sunday, October 19, 2008 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Inland Empire "Race for the Cure" sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Inland Empire "Race for the Cure" Event on Sunday, October 19, 2008 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of September, 2008. 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of September, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NC}. 11 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: September 23, 2008 SUBJECT: Authorize Temporary Street Closures for the 2008 Temecula Fall Rod Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 2008 TEMECULA FALL ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The 2008 Temecula Fall Rod Run Event necessitates the physical closure of certain streets in the Old Town area, and related detouring, to accommodate and provide the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential vehicular-pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the 2008 Temecula Fall Rod Run Event sponsored by P & R Foundation. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established bythe City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Temecula Fall Rod Run Event sponsors propose street closures as follows: Old Town Front Street between Morena Road {E) to First Street from 1:00 pm to 8:30 pm on Friday October 10~", 2008, and from 5:00 am to 5:00 pm on Saturday, October 11t", 2008. Due to the ongoing Civic Center construction work, Mercedes Street will be closed from Moreno Road to Second Street. Main Street from the Bridge to Mercedes Street will also be closed to through traffic. Sixth Street, Fifth Street, Fourth Street, Third Street and Second Street will be closed between Murrieta Creek and Mercedes Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street and at First Street and Old Town Front Street. Shaw car parking will be at designated parking lots and along bath sides of Old Town Front Street. In past years Old Town north-south through traffic was detoured via Mercedes Street. This year, due to the Civic Center construction activity, through traffic will be detoured via Pujol Street as shown on the attached Location Map. The event will require the closure of Main Street between Mercedes Street and the Main Street Bridge. Provisions have been included in the encroachment permit to insure public access and public parking at the Children's Museum during the road closure. Access also will be provided for local residents, merchants, and patrons of the Community Theater and Senior Center during the event. The event will require assistance from the Public Works Department by providing support services far the street closure, public safety monitoring, and the permit process. FISCAL IMPACT: The costs of police services, and far provision, placement, and retrieval of necessarywarningond advisorydevices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2008 -_ 2. Location Map 2008 Temecula Fall Rod Run Road Closure and Detour Friday October 10, 2008 1:30 pm to 8:30 pm Saturday October 11, 2008 5:00 am to 5:00 pm I - - fJ BALDARAY ~~-~--- SIXTH ST Road Detour Road Closure I _- Highways ~. Parcels '~ I 0 75 150 300 Feel RANCHO (gL1FORNlA RD, ~_ RENO R!) ' , ~~ it l i /I ~ III i~ - - ~ ~ -- - ~ ~ I -1- / L~~`~'~,P~~ ~~~~ - ~; ~ _, ~ - ~ - •- ~% ~ ~ ~ +_ - - SIXTH ST -- - ~ - I /~ ~ ~ FIFTH ST - _ _ _ _ _ ~ - ~ - ---- FOURTH ST ~e~~ it i J t~l_I_i~N ~l I I ~ rI~~L~' ~.II ~ ~I. -~ ~~ ~ Z o LL w Z-. _ o > w; o~~ ~~w J i __i ~. ~! THIRD ST ~- ~ I _. 1 ~ l ~ZD SECOND ST J ~ _ ~ ~ ~ -~,\ C_ ~ ~~ ~\ ~~ 111 ,~ ~~ -~ ~~ ..~ I%~j ~ ~ ~~ __ -- ____- L ~ RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 2008 TEMECULA FALL ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: VIIHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, VIIHEREAS, The City of Temecula desires to authorize the closure of public streets for the 2008 Temecula Fall Rod Run Event sponsored by P & R Foundation, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, VIIHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the 2008 Temecula Fall Rod Run Event, specifically Old Town Front Street between Moreno Road (E} and First Street, Main Street between the Main Street Bridge and Mercedes Street, and Sixth, Fifth, Fourth, Third and Second Streets between Murrieta Creek and Mercedes Street on Friday, October 10, 2008 from 1:00 PM to 8:30 PM and on Saturday, October 11, 2008 from 5:00 AM to 5:00 PM; and, NOV11, V1lHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the 2008 Temecula Fall Rod Run Event sponsored by P & R Foundation, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures far the 2008 Temecula Fall Rod Run Event, and establishes the general rule that all other temporary public street closures shall be approved ar denied approval by the City Council as follows: Old Town Front Street between Moreno Road (E} and First Street, Main Street between the Main Street Bridge and Mercedes Street, and Sixth, Fifth, Fourth, Third and Second Streets between Murrieta Creek and Mercedes Street on Friday, October 10, 2008 from 1:00 PM to 8:30 PM and on Saturday, October 11, 2008 from 5:00 AM to 5:00 PM. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of September, 2008. 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of September, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 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: September 23, 2008 SUBJECT: Geotechnical, Material Testing and Special Inspection Professional Service Agreement for the Old Town Civic Center Project; Project No. PW06-07 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the City Council: Approve an Agreement with Construction Testing & Engineering, Inc. to provide professional geotechnical, material testing and special inspection services associated with the Old Town Civic Center Project; PW06-07, in the amount of $248,058.00 and authorize the Mayor to execute the Agreement. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $24,800.00, which is equal to 10% of the Agreement. BACKGROUND: On September 9, 2008, City Council awarded a construction contract for Old Town Civic Center. The purpose of this Professional Service Agreement is to provide the necessary soil & material testing, and special inspection for this phase of the project. Also on this evenings agenda is another geotechnical, material testing and special inspection agreement to address these needs on the Old Town Parking Structure which includes mass grading and boundary retaining walls within the Civic Center site. The Public Works Department requested proposals from firms with extensive experience in geotechnical & material testing of similar projects. Nineteen (19) firms responded to the RFP. Staff rated Construction Testing & Engineering, Inc. (CTE) as the firm most qualified to provide the needed services; they have extensive experience with similar projects. CTE will provide all the geotechnical & material testing and special inspection services shown in Exhibit "A" of the attached agreement. FISCAL IMPACT: The Old Town Civic Center Project; PW06-07 is funded with Capital Projects Reserves and Certificates of Participation. Adequate funds are available within project account No. 210-165-751-5805 for this $272,858.00 request, which includes the $248,058.00 agreement pus the $24,800.00 contingency. ATTACHMENTS: 1. Professional Service Agreement with Construction Testing & Engineering, Inc. 2. Project Location and Description AGREEMENT FOR PROFESSIONAL GEOTECHNICAL, MATERIALS TESTING and SPECIAL INSPECTION SERVICES BETWEEN THE CITY OF TEMECULA and CONSTRUCTION TESTING & ENGINEERING, INC. OLD TOWN CIVIC CENTER PW06-O7 THIS AGREEMENT is made and effective as of September 23, 2008, between the City of Temecula, a municipal corporation {"City"), and Construction Testing & Engineering, Inc. {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 23, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the 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. Copies may be obtained from the California Department of Industrial Relations Internet website at httg://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Cade, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. 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 A, Tasks To Be Performed & Payment Rates, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Forty Eight Thousand Fifty Eight Dollars and No Cents 1 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc {$248,058.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant 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 as authorized by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars {$50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERIUIINATION OF AGREEMENT VIIITHOUT 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 5 above. 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. 2 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City, and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION. a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death ar injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc 10. INSURANCE REQUIREMENTS. duration of the Agreement, insurance against property, which may arise from or in connection Consultant shall procure and maintain for the claims for injuries to persons or damages to with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 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) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, Workers' Compensation Insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocatian ar the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident far bodily injury and property damage. 3) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury ar disease. 4) Professional Liability Coverage: One million ($1,000,000} per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the 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, 4 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Agreement shall be endorsed to state: "Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." 6) If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, 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. 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. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. 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 or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for 5 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc 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. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The 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. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement, or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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 Clty: Ma!!!nn Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: Deputy Director of Public Work - CIP -or- 6 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc Physical Address: City of Temecula 43200 Business Park Drive Temecula. California 92590 Attention: Deputy Director of Public Works - CIP To Consultant: Construction Testing & Engineering, Inc. 14528 Meridian Parkway, Suite A Riverside, CA 92518 Attention: Vincent J. Patula 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant'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 Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, ar Consultant's sub-consultants for this project, during his/her tenure, or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-consultants on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether ar 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 ar persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.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: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: BY: BY: 8 Peter M. Thorson, City Attorney Construction Testing & Engineering, Inc. 14538 Meridian Parkway, Suite A Riverside, CA 92518 Phone: (951) 571-4018 Fax: (951) 571-4188 Tom Gaeto, President Rodney Ballard, Vice President L\Program Files (x86}W eevia.ComlDocument Converterltemp1894808.doc EXHIBIT A TASKS TO BE PERFORMED & PAYMENT RATES PW06-07 CIVIC CENTER Geotechnical, Material Testing and Special Inspection 9 L\Program Files (x86}Weevia.ComlDocument Converterltemp1894808.doc PROJECT LOCATION Project Title: CIVIC CENTER A 90 PROJECT DESCRIPTION Project Title: Project Type: Description: CIVIC CENTER Infrastructure Project will construct an approximately 93,000 square-foot, three-story City adininistrationbuflding and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. PRIORITY: I Department: Plaruling/Public Works - 210.165.751 Scope of Project: Project will uiclude design and construction of a three-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Benefit: Project will conti nue to promote the rev italization of Old Town and provide a permanent facility for admini strative staff through build-out. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 2,505 $ 397,495 $ 325,000 $ 725,000 Acquisition $ 82,000 $ 82,000 Construction $ 44,200,000 $ 44,200,000 Construction Engineering $ 500,000 $ 500,000 Design $ 1,348,391 $ 3,872,609 $ 5,221,000 Fixtures/Furn/Equip $ 1,500,000 $ 2,000,000 $ 3,500,000 Utilities $ 385,000 $ 385,000 Totals $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Source of Funds: Capital Project Reserves $ 1,350,896 $ 27,066,676 $ 2,325,000 $ 30,742,572 COPS $ 23,270,428 $ 23,270,428 DIF (Coipoi~ate Facilities) $ 600,000 $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Future ~ & M Cost: $ 900,000 A nnually 91 Ex~~~t-~ ~ iA~~ TASK ANALYSIS CTE recognizes in this hrne of ever shrinking budgets, many city governments like the City of Temecula are lookiny for ways to save money on projects anti to justify how and where tax dollars are spent. One way CfE has developed to save our clients money is to not use the industry billiny standard of the 4, and 8 hour blocks of time, but to instead bill our clients for time on-site plus one hour. excluding days we are on-site for 3 hours. While this may only save the City an hour here or there the savings does add up over 6me, thus rnakuig the City use of tax dollars more efficient Materials Testing and Special Inspection Service Qty_ Unit Rate/Unit Total i Registered Special Inspector Concrete 500 hrs @ $72 OU $ 36,000 Lead Inspector Carlos Samaniego ?. ACI Concrete Technician 40 hrs @ 570,00 $ 2,800 Lead Inspr-rtor Carlos Samaniego 3 Registered Special Inspector Field Welding/Bolting 600 hrs @ 572.00 $ 43.200 Lead Inspector Carlos Samaniego 4 Registered Special Inspector -Epoxy BolUDowel 16 hrs @ S72 00 5 1.152 Lead Inspector Carlos Samaniego 5 NDE Moment Welds InspecUcn 340 hrs @ $75.00 S 25.500 Lead Inspector Carlos Samaniego 6 Shop Welding Mute Pass Welds 160 hrs @ STL.00 S 11 520 Lead Inspector Carlos Samaniego 7 NDE Shop Fabncation Inspection 80 hrs. @ $70.00 S 5-600 Lead Inspector Carlos Samaniego 8 Fireproofing Inspection 100 hrs. @ $72 00 S 7200 I ead Inspector Carlos Samaniego 9 Precast Concrete Specialties Site Work 32 hrs. @ $72.00 $ 2.304 Lead Inspector Carlos Samaniego 10 Concrete Compression Tests 960 each @ $18-00 5 17 280 Laboratory Supervisor Robert Ellerbusch 11 Batrh Patch Verification 24 hrs. @ $70 00 S 1.680 Lead Inspector Carlos Samaniego f~Dle tcnlnrucU On next payc Old Tuwn Ciwc Centel Projac;l ~ September 9, 7008 EKt-ttF?~T t~~~l MATERIALS TESTING AND SPECIAL INSPECTION (Cont.) Servico 12 Moror Compression Test Laboratory Supervisor Robert Ellerbusch 13 Grout Compression Test Laboratory Supervisor Robert L=llcrhusch 14 Fireproofing Density Test Laboratory Supervisor Robert L=IICrbusch 15 Firr_prcofing AdhesioniCahesion Test Lead Inspector Carlos Samaniego 16 Sample Pickup Lead Inspector Carlos Samaniego 17 Letter of Affidavit Qt Unit Rato/Unit Total 12 each @ S18 00 S 216 12 each @ 518-00 $ 216 27 each @ 545.00 $ 1.215 27 each ~ N!C N!C No Charge 80 hrs Co? No Charge 1 each @ 5200.00 S 200 Estimated Sub•Total Materials Testing and Inspection: $ 156,083 Old Town Civir. Cnntrr Project 7 September ,, 2008 EXt-t\E?1T tl;~t~ GEOTECHNICAL ENGINEERING SERVICES Scope of Service Service ~t _ Unit Rate/Unit Total 1 Soils Technician 60 hrs @ 570 $ 4,200 (Compacticn Test -Fine Grading, Over Exi Lead Soil Technician Jeff Nelson 2 Sods Techncan 400 hrs @ $70 5 28,000 (CempacUOn Test -Trench /Wall F3~ookfill) Lead Soil Techrncian JeN Nelson 3 Soils 1'echnic!an 40 hrs @ $70 $ 2.800 (CornpacLon Test -Pavement SG i Base} Lead Sod Technician Jeff Nelson 4 Asphaltic Paving Insped~on 40 hrs @ $70 $ 2.800 Lead Soil Technician Jeff Nelson 4a HardSCapes - SOUS Tecnnlclan 80 hrs @ $70 $ 5,800 Lead Soil Technican Jef( Nelscn 5 Fooling Inspection -Engineer /Geologist 40 hrs @ S80 S 3.20D Project Manager Vincent Patina CEG 5a Footings -Soils Technician 720 hrs @ $70 S 8.400 Lead Soil Technician Jeff Nelson 6 lab Maximum Density Test 3 each @ 5175 5 525 Laboratory Supensor Robert Ellerbusch 7 "R" Value Testing 6 each @ 5250 5 1.500 Laboratory Supervisor Robert Ellerbusch 7 Sieve Analysis 10 each @ 575 $ 750 Laboratcry Supervisor Robert Ellerbusch 9 Compaction Reports 2 each @ $700 $ 1,400 Prclect Manager Vincent Patina CEG 1D Miso Engineenng Services 60 hrs @ $80 $ 4,800 Moyenuddin Sirajee RCE t1 Sr Geologist Services 8 hrs @ $100 $ 800 Project Manager Vincent Patina CEG t2 Sr FnginnerServices 247 hrs @ 5100 S 24,700 Dan Maih RCE Reimbursable Expenses S 2,500 Estimated Sub-Total Geotechnical Services: $ 91,975 Estimated Total Materials Testing and Inspection And Geotechnical Services :................................................................ S 248,058 Old Tcwn Civic Center Project 3 September g, 2008 ~ xrt ~ ~tT `~ f~ ~ ~ FEE SCHEDULE !~ Construction Telling and Engineering• Inc. 1'1533 Mal ~YUn h•r AV:uy, SUllnn Txl ;95!I+T+dCJ11 Pagglol$ Hmortll]q CA V':5•M r:q 1, 95b 5]1 JIda Cit of Temecula Billin Rate Schedule .:.1., ~~[ PROFE55lONAl F. +LI4/NEFRLH~_ S iAtF ' Pnncpal Pnpinlm- r C:c2upise $ I •IC _nnlnl cnf.~rn3r ~ Gml; Jw1 :.5; [nllnrl $1!Ti Prlr~,h'1 [[IpI11Cl! i (;Et:IG'p 19:: nl.,IIIIQGi $1.'.!r Po':",..I ud f~.m;innrn;Rmli31em+1 fnµrMrpaol4!I ASmarnl Elpi 5!&11 Cngu•tm • :P•:GUg'st . AsiYiaeU fan hm: •~:nme'+'.31 1 ecPr gidn Ei u Ral5n9'tNcArryu>oGn:J II:Spe<xm A2 IZJGSpL I VJ<IgtplEYrIIPp (.gr!Se'[3^: r1tJJ 16 ~$J'ECTIGN gERV1CES R PIIAI lTV CONTROI I:{g UOVII',0 .C5PEa::: Let'. T.unl!211JC InSpgClq Ei5 'rri9r $ctl Tr hnltinn'nr_'udn.• r;IfJPV pnulln :r'nobl4 lMtantnry E70 1" •: )I.t •: ]n I IrrVVIH nn!'e:31 ydr~IlM lx IPr:'1A0 -3bU!BtUly ETI:I 1.1w:'IVnlcll : 1-In[+_rr.:d IV.pvat.< E7 17rni~:nM cpgr, n In:.::dno. ,.,.. .. -. .r... ._.,..., e ST7 srx'. r7lel.ceoxl el>ar::Jmr p, rude cauro,l di ~'..^olt Jfri: Fnnn:ao:a Innpnclnn (UUtS :~c Caldrnnm) :YJOfr rrnld rb:YUliil311 !A!;. (:iv..l $T~' pnuc:r. T.•.a r.:inn Im;q S;c I~I>yecW r2 It•:c,,,d : L`1A ! t/SHVU AIaP<v?a VUOTE eua'•ry Ccr:rnl kcPle3htbiuva OUOTC J<Lmltlel Re: en'er 7JOTF ...+lilnp'.Nayu Sla 1Nalk Q UVO I t C h-nn Fr.rparnunn ~ VOTC NONAFSTRUf, pVF T65TlN6 SFRVlCFS PidtrCCglUr;IV91R9!"I~In EOM+Onvrra~: ••:pnra m'ce >em mml STS IdUIEJiC.°iWldCn OUAIin991Par1 c• wr'e¢a.[arl Frop•xYi~r (]JO iC Ii TLngr l'I'ril(nYi•%v?l lfnp,EdE 2M1 :3bpIBfOry BY312bit1 'l IIf:TF ~Pecrnt stlrwCE$_ Cxln9 ! Smviuy OPErfAOr 3 £ympment I t. men aav) S65 C..np+ S:n+In J OPm:da ft Fywpmnnl 12mnn arml 6! til rwrriamgu.'-. _. •wxn a+l n:pavol!"c•"=-•c-r I S95 nJCtllSxaean; OemnmeTallon -nm rate Etoo nrn11.1~ rnQ Sigel ~ r,(a:x:'n $li5 vuba Full reels np tq'w91co3 STO dlun lammanin IneOar.UCn !IUVfE ]Atrb Pldnl hrspetts $TD ^ruie•Jme vuur5uvo-r rer ANTS ASVT rx \Ilitvy Stnrxsd3 91A)TE SUPPORT SERVICES: ,... e.--'col.;. m.~ ~s..,.,. Exn o•elslnan $P4 . nr35 !An I IFFCIFXNP51 Imlmnum I 4:%1 m_s'm~H (oxb Pane', 31 a<rlll U tt 135Ur UI I<+(/I. (:UI"VS (n!nnl Yni $~J '4fvlE'N nt FIn31ClP'n:!.BEES81119 n111ddNl9 dna (.p(L1Kd(A'Y15 i•li I VI J ='1 Vrea]InL"S C[!IY[Illi i Pul IIUV Ij S•15 COURT nPPGRAN'CE ANOOEP0511/0N$; S-nr I'n+LSSnr9~ !'reYdrslian Pq: Ilion al Trsv ~noly $Tti] I mvrl s !-!; sues :•.avEl • I S% -rdm -'.olw;;%q ~nantm E9U Old Town Gvic Center PrViecl t• September 9, 200& ~.xrtt~lT' ~~~~~ .nJ.~cma a+1 snooa Cit of Temecula 8illin Rate Schedulo c. uareaus r snr,c AJ M o.ac~+l:wr UN.r vanca uwa SOfL Sr !:ahrcr-d Bear r ~ !.a!:a (CFiri) :nuudas 1dsx:nmm !Jens;y Curve 5000 D 4823 -- ,;crmrrt Tm:nr.: 3a~.r, L¢rn a:Ory (rnsign-Soil Ccr,cnl Each Sct S`vW L`-558 Ccme-t Tn;atoo 3as¢, oamp:e °aYicaau^. (Sel of Thr¢¢) 5 tt9 C-S56 CTM 91J Cemar, Ir¢atec sass, Campressan lesl S40 _. Chlonde Content cl Sc i i?0 - - C:c^CUCt v¢y 535 GA_ '+A-424 i;n n~c, x;atnn; Pcr Polnt 2C0-C9 ~Y So5.C0 rol poi D 2435 - 'Ji¢><! $hedr 1e5-. 5155 fa 5245 D 9080 xpanz,on k,de •: 5150 C •t82? UaC 10-2 r+yc,n.,,e:a. n..ay.:~.:,r ~ _ _„nda+ 52c9 c-121 - rv;d,~n:e;.:'n,-a,yai: w~:h arsod nn~9r:nx: 5260 -- '-abcatOry COmpa!'tun TeSt,A'0,5r.:e De-sry-Earn Cune; S'S0 n1557 C"!A 21fi Labc•a[ory I:OtY~paco0n test 4fV' Wr^! RccF. i:c•e000n 5760 U ISi+! 0 4715 !.4r:r. n:a r,_r,n;rnt S75 D?2:5 - e :.:,:aav In.:at f Lnpud Umn!.itU,: a~nq L~~ne. S'CO D 49;A uennua:.liPy 'l'SI - t.U1:51a"I M~ml iyrm I:rllmnl $pl 521U bSO6d ,:anuNr Soil 5350 D 2434 -- Cth¢r OLOTe ^43'6 -- R-YSlue (Nimmum 3p:z.) 5250 U-2544 CC1,1301 !ies:enwy an0 plr ar y`otl $,50 i)~4572 CTI.f Gal Sand Ea''-na'em 575 D 2a t. CTft 21? Shnnxag¢ L:mit 550 D n27 - Somur, su fate Sc,. r.dness (Per S¢e F:aKmn; 570 C. 3E pOA I:.a SSd,Tnamx'nllcrourgA>uu>nLOU 5]•1S p246% Sulphat¢CCr'lp"t Of SOU SAO - AGGREGATES: Ab Sprpf:c„ Test, Coarse AGq;ega!e 525 C 127 - 4heorplic- cast, Fne Aggrega:p S25 C 122 -- Aggr.~a:O Ccntormanca last ^q'nr 1!a;a 0l Cahlnrma Woyads $21p .• .~. .. .,..r... ~ ~... ~..., nn..v. ~:..r n..n,.. .,.n .. . n. , r......: bx. .,m.nn r'bp, :;i:ry I unE's :n:.1 F,i:Gee °o,trlca 585 C 142 --~ CI¢anness VeW¢ 570 ~- GM 22? /s-ea Puricie5. Porxnt St t0 - CTM 205 Cw~nailny t-de r. Conae AGgregata 595 D 3r4n C i M 225 Du•a ~i4N Irdox. i In0 Aggr09dt¢ 570 U 3744 Ci!A?25 L4 PdMef 515U '.]1 or C 515 C, Th1?t, !.1 Crtt3'?t3Rr,g p100e,Le90l tna:lGG(agalHti 5215 C9? - CAg:ve:In'Furfirs:n.Cnnrl $R5 C4G - _.,.. „ ::G~atlabon„ Ooarso Aggrg7ate 57S C 136 Sc:ve PnolySSlGratlabon y.Ene Aggregate (Includ ~'A'osn) 5,(i(1 C13G Spwldress c' Aggr~ga!es ay Sulfates 345 - .`Spocip,c iyav.Pr, rind :,gq.•egare 550 0428 e orr.dc G•dmry. C,ars¢,AOgrcya:e 540 C 127 - rh,Yrn en; par S..t.:_Fuu, VOn9m Aggregme 550 C28 Old town (;IVIC Center Prciect 5 Septembe! 9, 2008 ~xt-~,Ra~ ~~r~~I Papc 3 016 Ci of Temecula Billin Rate Schedule NATEMa(5 TESTIGG Vrce .LytN <XMr per tipoomen pvz~Cnaeoi Nv:Fad tJSl'd ASPRAU CONCRETE: AsoheK'A.t De`sigr OUC:V NarSha''~ 3 hoEe - A"phUlt `d x Desgr. ?C'vlrn 5150 - _._ .,~. Tan fUn:art S75 D2ti2 Canrwcted i.~n%I)=nsAy rh9'LM r)t58t Car oactud !.'ax C=_nsily - dAa: shoo D t;6 t vxsecv:r,°. asp~na!t ~,lrc.;,;~utc y7: adabCn~ 513J U-Eaq; rG-136 CftA 3t„~gM:N2 -a+a '.7. x-•1'~iC~!.1-alphililY Pn, ~oirrt $'tC '] t51+A •'+-'d `d x~`.NIRS1-a' L-S'aG ay ;per Pant 5' 7C O t55'J cum fitr.eaim~ $85 ClM 30Z '~P:acr 54.nJityS lJnd'.^ioign $t50 D:SBO:Dt56t -:N 9)a, ;~,c SYE `Aa•=_natl Sac-lty Flcr. S Unc'NeigM l; Three Spx~ens) bt.%0 0 g59 i D 2'26 -- !'ax nwm tneaetirat ttml'.Mry10G1 iRrc-b SPecfie C-r:w,tY) 5!50 D 2041 Percy,^t Swcl 590 - CTM 3C5 Fre:arovcn .d Brum•~ous Nature. $3J Gk. -',t30G ~, t:l(Ilk'lr'.1:1[:1 '1111V~ VI t]i111!"'NJIIJ tA'%IVEC JGO Gales !A'JG Jr t aVe.~h: Gompaued Sample cr Ccre feutk Specitio Grav mli 550 D 2726 C,TM 306 Jr7 bYei~h)6amF+a RCywnnO f:omF'n.-9Cn 6t t$ D?726 Cih13PS P, 309 l~ONCRfif: _shtts[ury Ca=prcLan Chnr.-r.taasLCZ Of Scr. QUOTE G.1C91 U109M - !)<arnis5~mosr._s sr7 C;hndet tB GO e.:rN•. C3? - „c+presicn-e5ls, ~iun~:e'Sho4:rete Pa^aIS.3Cut Ceres per Panel iSeq S'35 ^. jc - GC'TO(C991L`a ie913-(:N.69 ;h1C6A24 jaI11 Q'P. ?IEp.J'24p01 54$ G<2 - ^.omprasiat'ns!x, _Ohlav;,gPt Conao:o F.I 530 C4L5 - '~ OYIC:O FbKUfd: $1lFnq:h a5I N' xH"%%'O- .r :. ]$~. (. /6 -. i:oncrefa Il IY Ue9~ ,n Ifni. -:Jr~9 Ailr;nrl.llr- TCSt-'+[I) $3b0 Gorn;n; h; h9x Dcs;gn iRrnnon or Rorox; S'S0 ~~ - Dryin? 5hnraage iJ SPZbmeos-ib Gays) S•90 C 75? (^Actll - Gur ;ar Snacuato PtlOJ'~ Ca-~ng iwnr~ -9i 65+nr :;-42 - \fodWS o! Elasac~y, Stanc b7a C 459 - SPhO,nTtivan?In les' 550 - lnaltlalSO.r<JUCes M1hF D2AGP iwpre?ate Tasun9 &Glx G:o•.::;ez. :In 1a;•r, 5525 G45G - Jr t Yr=lght. ! ?h~:elgM Concrete I dl 530 C•t9; - MASONRY: FGSOrG'9C~ 1 est. tinck, i ^sy (Pr BKa.'%, 3Id.%:k r'.r ~~numj ~q5 C 6`r ~~~ Pornlpnio'I it-tl Enck. 24-Hour Scbmerva~ 525 C87 - :yu;.xpacn (!st. Brick, 5-How Enlin~ Sq0 C 6i --- Ca^.rxisrtE Pnsm(urdor <CO,~,YJO IN.p .iat S¢e 6'Xd'xt6'H S90 i-a4? 11HC 21t7 CcTxsite Pnsm iurder AGO.000 Ihs)cu.. Sva 8'M7 X18"I X78'H St8'J .:.P UBC 2t-ti i:ompcsfa Pnsm irva<4t)n,000Ita-.J Fulf Size f 2-'N X7G'L X:6'h. 52£0 i;cmauts3nn+ L•Y.. 9nck 530 ~ 8T - CO'*'pIVZSiGn ies:. 8%JCk9 _vljCr Th5n 6x6%16 $40 GIRO - rQTPre991C0 iE.;l;, 9?kHf%I CYS Thitn <r L'alidl 101)%8%16 5j$ t•lb - - fc•^'aotssicn TUS:S. Groh St8 C'OIEi U8C 71-t6 Co+'eresvcn Tess, MONA' 2xA rytlrrer 1t13C $'e C ?bU JAC 7119 i.CrfVrmal`SP, i%Al:it:ll)a yGO (i 9G - k•CCrest~trncn Bkzk w»h Mortar S40 C99 E'OVe9cenC9 01xk~8nck OntY 530 C90:<;.6? In-Papa Shaar -es1 (Pe: IUS;f 530 - U6G 2v-G lrz8r tic-inkarJo 5706 G t76 - Mcd.aus M AupIDre, Bnck 530 C 8T - Mnrnhnr• a. Rncar: ed, 6riU S25 C 67 - Satu~aeon r_o.ErSCiert itndude9 aovrp7onj OrcF S<o f. 67 Shear Test cares iaxclvdax xa•^{Jnr pret ~raSCn; :.,_ ~ ~ - TAIO"L4 Gomp.nsSwn Tpsl Cuas!nCludas 9amFla Freparal onl $-i:- ' C42 Title 24 hnit'Neq^t £. ap=_OtpGnr. HIl6. c_.;p r] 140 - Uld I own Crvlc Centar Pro)err t 6 September 9. 2008 ~xt~~s~~~ ~~~~j Page .f of 5 8f1&2008 Cit of Temecula Billin R ate Schedule MPttiR1:.L5 rldYIVp :'~~:a yet 5po.'ncvn LSIM Co{i nallnn 6,ncr M.I~o]IL-c] STFFL. loph S:rrn~~;~t•-. `su V,~t.°. V. ashn'Cen'r.~Mance , 3'00 1s323 Jhedg!•-onsilc RlCOllwa Na•tlnes3l Nschar:.al Lesta, Harafnou ;eal R<x+vm:~ S`0 Prnstr!`s9ed St!`MI, Tan Siln Tesl. SLaad;i vrc7 S90 - Roin`cs:n~5teel Te.^~s'e Tea;-NO 176a'sS Smaa•: 31~? a>i5 P.eirtco~.~Steul te'•s-Nest-Nal<8ars4L:nrv, ..,... ., ~. 3'.J A015 Rcir!e•enn Stca: Bend 7 rt - Vu 1 t Na's E 5"~0 '=1 rd!•cFaniadlY 64brnd Rom/ac: ng Shad Sc0 - Firyrwfirq ^en~INy ~ests 345 EEO' 'JO=_:: ~~. Fircprcofra Adres.>n r Cohesion ~ests Slr!au•a15[«el lensde-est-Up'c 20'J ^UU '~ps ;5D A3T: -- Str._;u•aI 5teet Send Tast. S4'J -- - $tn.aLLCal Steal n"pe Flsdefuny^ Lest SiJ -- N;eloed ~"pec~mens, ieos~.a Tasr - Nc I t Ba•s S Sma.=• .-. Nietle.J 9(ti~cun«ns lar`soe Ic_• No 14 Ba'9 (lo Mm -2«uwre Only: VVQICEtl $pLCNlenS, IP.n4uv r29; tJ010 Ba'9 (1J Mln RP.CU~ra ':. , >-'~~ - ~I1i('dr::f 5/:!Ylrnrvn:), /~Ilirk' T~.St~np' `rt•~U'nlll`::I~~y ltill!'.~t N=~ i~tl - - ROOFING ..;auto-Eva'~rat ron jpe'^vlyl Sd~ - - ',sohal:SOftcninAPNnt 3t s`' _ - RcOEn4'.';nunal Mahyss, Nath Surfncmq ~~.. D 2825 -~- Rwfn;1 fJVtriria'~ NmffJis. '^^lithou•. `_;n:'.t~~r.; S22E~ D 1611 - Rrofingido.A6scr,,.tm•sato.'S1 31.°0 ~-- - ReaBngTtle $Veng;h Tes; iset of 4', SI':u 'A'ELU/NG CERTIFICATION :.mar c.n d.'e:ciny Sectary iitVe _I I I i - L:mit?~ Thi6kneaa PIa;E iper v~°i4cry S1?0 - - IP'moan lMek:~,...+:z vlnre q',e~~oedm~:, o: '.D - - ..y i.men<tu:'V'.'uh:.ui14~'"-~'tli f 'eti "II q _ -_ - ear Szas #3 trnuyh a9 ieachl 3J.?0 ... -_ ft:,r Sizaa a 1 C ;hrn.gh k I I (escn s;.?J gar Sizes dt4 chrco,7h t.13 {eacm .. .. - - Amen~n £xrCy c' 7!N1arv,ca' `c•'.Jin.~srs (.45ME i - - P!a!o or Pipe ?taceC:re O..'ahfranon foachl 3'V7 - -- Pla[e ar PiF: 'V~'4C«r ~u9A callcn (ESCfII 5`-SI] - - r,mercan dre:~c~ng SC<.«ry:AVeS Of 3t - -~- L'.gh: Ga::3e Metst jinUWes trait and pll:] vrt _. S! 50 - - Pn:cc~ura Ihal~^irauon per:.ro'a, aSM- c'+.t~rocary _;a-naro, 01_ C'LC - - I-d.e[ 1^.'elA Tael l[7taak antl r,l.^^." Rn:j olio -- - F. ib[ :Meld Test P'a[e5 33G - - U tr<~mo 'asn~ pcf Nicltl Cou["ns 59C -- -- ~i:~cnassv~e I! ec_irev ..._ - - Old Town Civic Center Project 7 September 9 200& ~~tit~~T '~~1~ /~ PayO 5 ul 5 &1612008 Cit of Temocula Billie Rate Schedule Tesllnd Samples: n p•epara!•>n chase wa', oe ab:?tl s au same s vbmm?'_ to'he atgra;cv tha' a:e nf'?ddy for :es[rq 'his prcparator rr arga'mll ne tr.5°.eU .m IP^ .), pl.i: •unu mry,:une ~i^'I at Vv: Inhc+olory Irr;hnir~:n~'a nrtc i;( i`G f,J'a~l ulu On _$tte Mobile La oralo OUC?C Per U,em and Travel Ea n~ew._:_ Mmimur, S PC r.,; 1;n- ,::ry :n :+~i1.:,1!vet • 1a':- {?rFvalll!S1 Wnr,O: PIOasC nOlO that all ins Octor and technician rates will intrea5a eve Jul t commensurate with LOtal l2 tlocument nnnnal II1frCaaC ScM ulin L ~;Tc 'esa,ns'~. v,nl Ds :,. ar'.acrrv 1•: 0ric-s a r!ay Overtime Ra[?s'. z .su: h: .+J On =nr$-ho a>4uSry beNS U~C.choc'- 00?+. ^A a~3:CDP~61,~b1.c Aprem."~~_~ t S rmes the a Wta!7 rates rcr H,a Irc31 U hers and [ 0 nmos fhcxattm wm bo chargad for won: c~tsloa m Ci nerm al saura tiahednyr, w,il to nsvrrvr:1 :M1 1 $ 4rv-5 Zhu VUWO<l : a(O 10( U'u firY. 8 h Jur i antl 2 U t'-o<th•Y?any '.Work On Surreys an0 no~doys wJl oe involCaO a1 : C bmOS Iho cuolo:l 'al0 ThC lo;lOwino are CTE inc. hohtlays: Vt•w Yrw'a Jai Later Cay ^Armuna (iay Tra++ksgiv'r-ry Cay nCCpc~.der•x ?ay !;hr stmas Cay See.:':7 .x ~IC':dny rnu rx'. a S=:naduy ,;: Sunday the Ucstal o,r.~ouA or fc!bw~ng reg~ar work Cay shall oe ronsidered fh? 1+oliday. PA~mgllt TP~rnUl 1':,'i n'.l•P; 1V Sr)MCa5 :5 C'.:p up4: GrCSPntaEOn M nCC p31tl N'lhinq 300Ay5 Ot ,hZ IMRCe tlAk3 1 n' I Fd frF.4:e:en'6 pd57`de0 and a bnance charge c t t u7"= !`r-" rx~nth •vnll Ir; nvc,ef to fh.•. unpnr:.f bala^:~,• :•.dUibunaq'. arty aHOmey's fees i.' rdOr•I ur:'s v'p .•rvd w W'Jrr1 qy Un'j Cohn J~211t XcG.:nt91y11 EB adder t0 tYf dmAWI4 C~~? ann sba DP pa:d t1' 1F.0 pn•f: "o'~i..M Thu F.;c Schvduly conlems onN the ba91c 9ervlfos pCrtOrrnOd by this Offtto and is not a complete Ileting. Pfease do not nesrfate to call Ipr a yuotabon or proposal II your seralcv needs nro not lislnd hOmin. Old Town Gvlc Center Project R September 9, 2005 ITEM NC}. 13 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: September 23, 2008 SUBJECT: Eastern Municipal Water District Access Easement within Pala Community Park PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: 1. Grant an Access Easement to Eastern Municipal Water District within Pala Community Park; 2. Authorize staff to proceed with the necessary actions to cause the Easement Deed to be recorded. BACKGROUND: The City Council approved a sewer easement to Eastern Municipal Water District (EMWD) within Pala Community Park on April 10, 2007. This easement is a small area across the southwest corner of the park on Temecula Lane. The easement allows for construction and maintenance of a sewer servicing the adjacent residential development. The construction of the sewer has been completed and accepted by EMWD for maintenance. The approval of this easement will allow EMWD access to the sewer easement area through the parking lot of Pala Community Park for maintenance purposes. FISCAL IMPACT: ATTACHMENTS None Site Map Grant of Easement THE CITI- OF ^ "Old'I'raditiores.lVew lhiFr[vhmitir.;" ~~ ' ~ ~ ~ ~1A~ .. 1 ~ ~ ~ {~ :-,. ~# ~rj ~~' ~ 1 , 1 { / r ~ f ,,. ', ~ ~ ~,~ is ~ _,..= ~' ' ~ t~ . ' 1 1 ~ r }. ~ t ~ ~ ~~ P , "'~ ~, ~ :~ ~ , 'a ~ ~ ~~ l M r ~~ „ ~ - ' 4r. ~ ' ~'F ~ r ~ ~ ,~; { ~ '~~ l ~ 1~ r ~ ~ t ~ ~ A w~ 1 t.` j v +f I a w . ~ " '_ ~ r .. ~ ~ . .. ,~ ~ kd y n A - .~~ ~~ ~ lQ #. 9` .~. `•. f ~ f .. ,,'1M ~ ~~ , , ~4 ff~ j F) If ~~ f ~! / +r ~4 `~~~1 - ~.. f 3. ,t ~ ~ ` ~((( 1 ^~e ~~ ~ + ~ ,~ ~l ~4 \l \\ ; t`~ \ __ 1 ~ r . ~ ~ ~` I \ - ` f l ? ~ ~ N \ ~' ~ ,. ,„ 8 M.. + f--~_ c ~ ~-_ C~ ~~ C N 44 ,~ r } 4; 1 R~ ~ T ~ ' 1 j]7 ~ ~- \ ~ 1 ~`4 ~ ~ .~ ~ ~ ~ R ~' °' r ~., I' ~- ~4 - ~r 1 "~?'~- ~ - ~ ~~ ~ i _, ,~ ` ~ ,` .~ s .. ~" '~` k `fir` '. ; . ~'~ <~', ~ ~ t~" . f ~4 0 80 160 240 ft. This map is a user generated static output from an Internet mapping site and is for general Notes: EMWD Access Easement reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Map center: 6297079, 2116172 Legend C It~1 a ~ Street5 ~ ParCelS Aerial 2006 Reccrding Requested By and when Recorded Return to: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572-8300 Attn: James S. Butler, PLS Manager Right-of-Way Department This Document Must Be Signed in the Presence of Notary & Notarized. APN 961-010-012 RB- 5130 W.0.11619 No Recording Fee Required Pursuant to Government Code Section 27383 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA, A MUNICIPAL CORPORATION (hereinafter referred to as "GRANTOR") does hereby grant to to EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, its successors and assigns (hereinafter referred to as "GRANTEE") a perpetual non- exclusive easement and right of way for pedestrian and vehicular access in, on, over, upon, along, and through said easement. Said easement shall be in, under, over, and across that certain property situated in the County of Riverside, State of California, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) Grantor retains the right to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no trees shall be planted on the easement and no buildings or other structures of any kind, except road improvements, will be placed, constructed, or maintained over the real property described herein. It is understood that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within the boundaries of such easements and rights of way. It is understood that any use of the surface rights by Grantor, and Grantor's successors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee, its successors, heirs and assigns, and each successor-in-interest of the Grantor, by acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be construed as a Grant of Fee Title. Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurface of the- reat property hereinabove described to the condition said property was in as of the time of performance of any . enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance, repair, improvement and relocation, and such restoration shall be performed with due diligence and dispatch. J:\WORDPROC\WP\ENGINEER.31\ROW\$GOE DOCS\Slope & Access\ACCESS #11619.doc IN WITNESS WHEREOF, this instrument has been executed the 23`d day of September, 2008. GRANTOR: CITY OF TEMECULA, a municipal corporation Michael S. Naggar Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant of Easement dated, 2007. CITY OF TEMECULA, A MUNICIPAL CORPORATION to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. EASTERN MUNICIPAL WATER DISTRICT DATE: BY: Rosemarie V. Howell, Secretary Of the Eastern Municipal Water District And the Board of Directors thereof (SEAL) J:\WORDPROC\WP\ENGINEER.31\ROW\$GOE DOCS\Slope & AccessWCCESS #11619.doc EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT ACCESS EASEMENT W.O.: 11619 APN: 961-010-012 GRANTOR: CITY OF TEMECULA, A MUNICIPAL CORPORATION LEGAL DESCRIPTION That certain parcel of land in the City of Temecula, County of Riverside, State of California, being that portion of Lot 88 of Tract No. 21067 as per map recorded in Book 231, Pages 41 through 48 of Maps, Records of said Riverside County, together with that portion of Temecula Lane, partially vacated by Resolution No. 95-71 of the City of Temecula, recorded September 11, 1995 as Instrument No. 1995- 297769 of Official Records of said County, described as follows: COMMENCING at the southeasterly corner of said Lot 88; THENCE along the easterly line of said Lot 88 North 13°57'03" East (recorded as North 13°59'07" East) 58.24 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said easterly line North 13°57'03" East 65.22 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 600.00 feet, a radial Tine of said curve from said point bears North 18°54'22" East; THENCE leaving said easterly line along said curve northwesterly 279.65 feet through a central angle. of __ 26°42'16' ; ' THENCE non-tangent from said curve South 36°48'54" West 79.32 feet to a point on anon-tangent curve concave northeasterly and having a radius of 470.00 feet, a radial line of said curve from said point bears North 38°19'46" East, said point being on the southwesterly line of said vacated portion of Temecula Lane; THENCE southeasterly along said curve and southwesterly line 16.12 feet through a central angle of 01 °5754"; THENCE continuing along said southwesterly line and tangent from said curve South 53°38'08" East 11.43 feet; THENCE leaving said southwesterly line North 36°48'54" East 10.43 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 665.00 feet, a radial line of said curve from said point bears North 42°21'17" East; THENCE along said curve southeasterly 277.79 feet through a central angle of 23°56'02" to the TRUE H:\Pdata\15100834\Admin\legals\8341g1008.doc EASTERN MUNICIPAL WATER DISTRICT EXHIBIT A ACCESS EASEMENT WORK ORDER NUMBER 11619 APN: 961-010-012 GRANTOR: CITY OF TEMECULA, A MUNICIPAL CORPORATION POINT OF BEGINNING. EXCEPTING THEREFROM a strip of land, 20.00 feet wide, the centerline of said strip being described as follows: COMMENCING at the southeasterly corner of said Lot 88; THENCE along the easterly line of said Lot 88 North 13°57'03" East 68.15 feet to the TRUE POINT OF BEGINNING; THENCE leaving said easterly line South 51°36'21" West 59.91 feet, to the general Southwesterly line of said Lot 88, the POINT OF TERMINATION. The sidelines of said strip to be prolonged or shortened northeasterly to originate on the easterly line of said Lot 88 and southwesterly to terminate on the general southwesterly line of said Lot 88, also the northerly right-of-way line of Temecula Lane. CONTAINING: 0.439 Acres, more or less. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. J n R. Duquett .S. 7566 My license expire 2/31/07 ' No. 7566 ' ~ ~ ~ Exp. 12-31- 0~, ,k FCA H:\Pd ata\15100834\Ad m i n\I egals\83418 1008.doc PAGE20F2 n z. m ~ • m x my ~ ~i • ~ Z AA ~ GI m v g zZ ~ ~ 3 o m y y ~ .Z l ~ m o 9 • v r o ~ ~ ;!^ m ~ ~p ~ O J ~ SS i J ( ll A ~ . m _ m ~ _ o n O V ~ gg CS i .~ V N GI 'f ~~a/ D 0 m ~ ti d y ~i amp A m t~ 30' ~Z -i ~. ~ C N ~~~ "Z ~ ~n ~ am0 S~ ~ ~D m rn <r- s ~ ~ D ~ ~' ~D ~ ~ ~~ m z A ~d o _H ~ H V ~ ~"~ .+ -~j o m e ~-~~ - ~ SCPL LEA 1"=50' / .3 / W ~ A / 1, / ,N a~~" o ~~. c`y ~ ~'. ~~ "' y~ q a n r .0 y a• ewa0 ~'-~ X90 g ~La~~\v ~~~ .O~ m ~' b a~~``~ a .y~~ ~ „ $ Oa y0 0 m r 10m JNN.AWN N' r `a/ /~ K \ ~~'~~ ~ Z Z Z Z Z N Z ~ V/0`a O ~W WNm GOW ~'~• ~ WNUWa[n .N n ~: ~I~, 1~ m V^ ~ X S ~_ -i / / ~ .+O O . /.j~ / m Oi V V N Oo. N V V ~ O O °O ° ° (N73.5j'p3 3.59' v 85.22. , ~ Ww ~a N ww~ a rim nim rim .mm D _ p~f FU 495 y D TURE' jR m 4gq.g~~ J 'a m • x -i ~~ N o c p ~l O W ~i z N. A^ eoon ~CCn tiCCn `n ti CAA 4~ m ~• 31 986 I i I I I I~ I I w A ~ {~_ (IJ ~` '~ ZZZZZZ j` K~ ~ D Z v. ~ "D r j j ZO}~ D RI O - 0 ~ Y $~ King ] Z^4 H N n ~ ~ ~ n W NWT++ ml m~moo-rn~''rn u~5 Om 0 f +1 D~1 O- -1 r A a ZZ D "yr~n -pN RR 11 OONNm T T ~ 0 ~o ~ r ~ON~~OAA~tON Z A NNW WNAN y o pp ~ ~ O0 d 2 T ~O1 O .. - - o ~ 'L N m = ~ D ~ v'~3~ T l o UIDO ~1~ ~ D ( n~ o o ~ mON W ~ C+d ~,3l~ya ~.~y~ W'_ O O O r m JC O_~N ~ Om ~ 5,-1 AV . mD a~ o ~i N 2 .ll ~i- n -c Z p V W < ~ oDina Ao. ^V1 ZC LJ 3m~Qi ~ DN O ~o y „~„ p O D N~ $ W D m D M 11 *I Vf D K N m• M -l l oo y ~~ H <.$ ACm] S ZNO ~ ~ y-1~ ~p ~p ~O ~A$ m SJ a ~~ C ~~~Z~ ,(~ a a ~ ~ ~l ~•° ~~y$$f <t L BEN < lArfT ~ m ~~m vain~oy -nl ADS m~'$~z ti m o n m fTl ITEM NC}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: September 23, 2008 SUBJECT: Expenditure Authorization for Theater Ticketing Software Services PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council authorize additional payments of up to $20,000 with Vision One for ticketing software services at the Old Town Temecula Community Theater for a total contract authorization of $70,000 and approve the Agreement with Vision One at this amount. BACKGROUND: On March 31, 2005, the City entered into a three year contract with Vision One for theater ticketing software services for the Old Town Temecula Community Theater. Payment to Vision One is based on the number of tickets sold through the software system. The theater continues to enjoy great success within the community and has seen ticket sales regularly increase since its opening. The original contact authorization amount was for $30,000 for the three year term of agreement. In January of this year, the City Council authorized an additional $20,000 in expenditure to provide for on-going ticketing services. The expenditure authority has been exhausted with nine months remaining in the contract. Staff anticipates that the additional $20,000 expenditure will be sufficient to cover software ticketing services through the end of the contract period. Staff will negotiate a new agreement with Vision One upon the end of the current contract term. FISCAL I MPACT: Cost of additional theater ticketing software services for the theater is $20,000. This expense is offset by ticket sales at the theater. Sufficient funds are available in the TCSD operating budget. ITEM NC}. 15 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: September 23, 2008 SUBJECT: Microsoft Software Licenses -Annual Renewal RECOMMENDATION: That the City Council authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from CompuCom Systems Inc. for $68,767.94. BACKGROUND: The City is currently enrolled in a Riverside County sponsored Microsoft Enterprise Agreement, which makes the City fully compliant with software copyright regulations. City automation systems are standardized on Microsoft platforms that ensure ease of integration and full functionality. This agreement locks in a competitively bid government volume price and guarantees software assurance for all similar Microsoft products for the next five years. While this is a five-year agreement totaling $343,839.70, it will be equally divided and be separately budgeted in each fiscal year. The Microsoft Enterprise Agreement is available on the State of California County Information Services Directors Association (CCISA) Multiple Award Schedules under Microsoft State and Local Enterprise Agreement. The competitively quoted price is provided by an authorized CCISA contractor. Under this agreement, it is within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county, or local governmental agency empowered to expend public funds. Therefore, this purchase is exempt from competitive bidding requirements. Staff's research has determined that the CCISA price is the most competitive and that there are no local vendors on the CCISA suppliers list. Also, it has been determined that the CCISA program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. The attached enrollment form is for the purchase of Microsoft licenses from CompuCom Systems Inc. FISCAL IMPACT: $68,767.94 was appropriated in the 2008-09 Fiscal Year Budget for the Information Services Internal Services fund. ATTACHMENTS: CompuCom Systems Inc. Enterprise Agreement Enrollment/Quote ComauCom -software quote Quoted by Sam Andrews. ComouCom 3320 Data Drive. Suite 100 Rancho Cordova. CA 95670 Phone 818-988-2195 sam.andrews com ucom.com Please tax your POs to Client Assistance Center at 800-366-9994 You may coq 800-40f?-9852, option 2, to check status on orders Quoted to: C~ of Temecula Tim Thorson tim.thorson cit offemecula.or Date 9/5/2008 5- ear EA 3rd Annual Installment Quote -mportarrt Please provide the email address of the recipient designated to receive a CompuCom °order confirmation" Quantity Part # Description Unit Price Ext Price " e roduc4s " $ - 275 269-05925 Office Pro SA Only $ 70.29 $ 19,329.75 25 269-05924 Office Pro LiGSA $ 97.60 $ 2,440.00 275 E85-01014 Windows Pro SA Onl $ 28.74 $ 7,903.50 25 E85-01013 Windows Pro LiGSA $ 33.60 $ 840.00 275 WQ6-00019 Core CAL SA OnI from BO CAL $ 35.30 $ 9,707.50 25 W06-00020 Core CAL LiGSA $ 41.48 $ 1,037.00 ~ ~ {addilfonaL n $; 14 P72-00164 Windows Server Ente rise LiG3A $ 819.73 $ 8,878.22 18 P73-00202 Windows Seiner Standard LiGSA $ 190.68 $ 3,432.24 10 359-00851 SQL Server CAL Device CAL LiGSA $ 42.70 $ 427.00 2 228-03161 SOL Server Standard Edtn Win321-Processor LiGSA $ 1,523.39 $ 3,046.78 1 312-02356 Exchan a Server LiGSA $ 185.46 $ 185.46 1 E84-00372 ISA Server Standard Edtn 1-Processor LiGSA $ 343.86 $ 343.86 1 R92-00028 Content Management Server Standard Edtn 1- Processor LiGSA $ 1,858.19 $ 1,858.19 2 F1 P-00206 Visual Studio Pro w1 MSDN Premium LiGSA $ 560.74 $ 1,121.48 300 74H-00014 MS Exchange Hosted Filtering (monthly subscription ~ $0.75 per morrth x 12 months) Per User $ 9.00 $ 2,700.00 Year-Z True flps $ . - 1 312-02356 Exchange Server Standard LiGSA, Year-2 True Up $ 772.77 $ 772.77 Product-total $ 63,821.75 Sub-Total $ 63,821.75 7.75 Tax $ 4,946.19 Shi ping No Cha e Total 3rd Installment on your EA, due by 10/31/2008 $ 68,787.94 Prices good for 30 days TEMECULA COMMUNITY SERVICES DISTRICT ITEM NC}. 1G MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 9, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 10:11 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: 0 DIRECTORS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of August 26, 2008. 13 Ratification of Election Results -Tract Map No. 23103-2 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON AUGUST 26, 2008, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW R:\Minutes\090908 14 Professional Services Agreement Amendment -Bonterra Consulting -Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin Project No. PW05-13 RECOMMENDATION: 14.1 Approve the Third Amendment to the Agreement with Bonterra Consulting in an amount not to exceed $24,285 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project No. PW05-13; 14.2 Advance $24,285 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. MOTION: Director Edwards moved to approve the Consent Calendar. Director Roberts seconded the motion and electronic vote reflected approval with the exception of Director Washington who abstained on Item No. 12. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS No reports at this time. CSD ADJOURNMENT At 10:12 p.m., the Temecula Community Tuesday, September 23, 2008, at 5:30 commencing at 7:00 p.m., City Council California. Services District meeting was formally adjourned to p.m. fora Closed Session with regular session Chambers, 43200 Business Park Drive, Temecula, Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\090908 ITEM NC}. 17 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 23, 2008 SUBJECT: Acceptance of a Landscape and Retaining Wall Maintenance Easement Deed for a Slope Area along La Serena Way PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors accept the Landscape and Retaining Wall Maintenance Easement Deed for a slope area along La Serena Way adjacent to the Serena Hills Development. BACKGROUND: Serena Hills is a residential developmentthat includes 220 residential parcels and the 3.15 acre Serena Hills Park. The Serena Hills development is located in the northeastern section of the City along the eastern City Limit, Butterfield Stage Road and Walcott Lane. On August 14, 2001 the developer, Shea Homes, entered into a Subdivision Improvement Agreement which set a list of improvements to be made at certain building permit milestones. On April 22, 2003 Shea Homes and the City entered into the FirstAmendment to the Improvement Agreement that added off site improvements, a park development agreement and resolution of an adjacent property owner's encroachment dispute in exchange for release of additional building permits. On January 27, 2004 Shea Homes and the City entered into the Second Amendment to the Improvement Agreement to make additional off site road and slope improvements; submit bonds and set up an endowment of $25,000 for the maintenance of the slope area in exchange for the release of additional building permits. Shea Homes was responsible for making all slope improvements including grading, landscape design and installation. Temecula Community Services District (TCSD) has accepted the responsibility of the maintenance of this slope and is now ready to record the attached Landscape and Retaining Wall Maintenance Easement Deed. The underlying property ownership will remain with the property owner or its successors, the Landscape and Retaining Wall Maintenance Easement Deed will authorize the TCSD to enter the slope area for maintenance and repair purposes. The retaining wall located at the toe of the slope along La Serena Waywill be maintained by TCSD. The retaining wall located along the western property line will remain the responsibility of the current property owner or successors. FISCAL IMPACT: None. All costs associated with the design and installation of the landscaping and the preparation of the Landscape and Retaining Wall Maintenance Easement Deed will been borne by the developer. All landscape and retaining wall maintenance costs will be paid from the endowment. Once the endowment funds are exhausted all maintenance responsibilities will revert back to the property owner and the easement will be vacated. ATTACHMENTS: Vicinity Map Landscape Easement Deed Vicinity Map _ -_ - P~- / __~~ __~_ - z , GP,SP ,, - % - ~ ~ O U J I \ ~---- ONE Cr _ ~ _-- EN _ 1 j -- ---- --- - ___AVENIDP_ . _-_ ~~- - ~~ ~ V~tP V ~ ice- __ - ~L ~ '.~ 90~` ~ ~ ~- cam'( -~~ ~ ~-- - --- _ v~ ~ % ~ < ~UZC~ . -- ___ -~ ? -- --- ---SANE CT /` ~'\\ ~ ~ ~ -- ~~ ~ _~- w - ~ ~ \ - _ ~f - ~ _-~--` U - f SERENA ~ 1 HILLS ~~ ` 1 PARK _. i _ _~EIGH CN 1 ~ ~ os p` ` // ~'~~ /"PPS . - -~ ~ ~~G -- P - ~~ - ~, , ~~ ,\ - ~~ ,-_crR~- ~`~~ Project Area 4 ~' 'Lid ~- Gs - _ ~~ ___ ~ i _. --N1A~~AR~- - A -_ AVENIDA - ' T / ~ _~-- f- ~ ~ I ---~ -- U ~ _~_ JO O \~ G~~ ~~ a /` i !~cT - 0 _~ ~ _ r ~~ WY - - -- ~ _BRITTCN ~ ~ ' _ -- ,~._ R - ~ _ -- 0 --80~ 1 0 ~~ 320 4 0 F e` ~ J i ~ Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above Phis line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 19922 LANDSCAPE AND RETAINING WALL MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C Street Holdings, LLC, a California Limited Liability Company ("GRANTOR") hereby grants and conveys to the Temecula Community Services District (TCSD) ("GRANTEE") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment; plant material and retaining wall over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A "which is attached ("Easement Area"). If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. IN WITNESS WHERE OF; this instrument has been executed this ~ ~ _ day of ~.' ~` ,x.60 2008. j~ n n Signature: ~ ~.~~~~~ ~~- C Street Holdings; LLC A California Limited Liability Company By: Wm. Bruce Meyer: Member C:1Documents and SettingslCompacLAdministrator\Local Settings\Tetnporary Internet FileslContent.IE51G5S1QZSDITCSD Easement-C Street Holdings.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4`C'y~C1t,'C;/~K:4,'f.4, ~~ ~1~C`.4KJc~ 24~:!GC:~;K',y~C>t,: 4~l;;4`CXi`C~~_,4Y',t f~..c~.^,c~~.ti~ ,. ~(`i ~c.%L! v~l. ~::4`C~~S.%C:~:<C%):~CK~ ~'` v': Vii.. 4~..v~.~.1~~;`~:..C%£ 1, i ~ ,~.,~ ,j;+ State of California County of ~ ~~~~Lvf ~~- On ~IAC~.~,' ~~ ~~.Y~y before me, LS .. ~~`~i 111 NCU t~.~ ~f~L-( C.- _ Dato Fioro Insert N. mor-and Titlo of tho Ollicer -' personally appeared l~1*<1.1.1 ~V1 ICJ . rn ~`~~(~.- ----"-_._. _ - Namo(s) of Siynor(s) who proved to me on the basis of tisfactory evidence to be the personfr8'J whose name i~~ subscribed to the within instrument and acknowledged to me that /staetti~ey executed the s e i hiss/Weir authorized capacity~(iesj; and that b his/~ae~eir signature.(' on the instrument the perso or the entity upon behalf of which the person,~(.e'j acted, executed the instrument. ~n~~> ~~.~ •,,,,,, OFFICIAL SEAL Li;I~, A. NES13iTT m ~ ~~ o NC~'I'ARY I~UBLIC•CALIFORNIA~ t'' ", COMfvS. N0. 173631 ~' - ~ ~~ i=l~Vct;Sit7E COUNTY C~410RM}~~' UV ~;:),•.1N:, f:?;P. ~1AY. 5, 2011 Place Notary Soal above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and fficia seal. Signature ~ ~ ~_ !ter ~ -_. SiynaUuo of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forrn to another document, Description of Attached Document Title or Type of Document: (~- tr_(~`7C~~t~2 ~r ~1 i~~'~_'(_~cl~tt~iL~ Luf~~l%V'~f~C:tlN±~r~'d~C~ 'E~`~6Ll~lv~ ~-~J Document Date: __{?r~~7u5i ____~-~ L~U~~_________ ___. Number of Pages: _ ___-_ __- ~--- Signer(s) Other Than Named Above: ___ ~~~~ _ _-____-______ Capacity(ies) Claimed by Signer(s) Signer's Name: C] Individual [-1 Corporate Officer -Title(s): _~___-__ ___~_____ 1 I Partner - I I Limited 11 General _ _ 1 1 Attorney in Fact Top of thumb here I7 Trustee CJ Guardian or Conservator I_1 Other: Signer Is Representing Signer's Name:._ _______ f _1 Individual C7 Corporate Officer - Title(s):.____ l-_1 Partner - [ 1 Limited I 1 General l 1 Attorney in Fact (l Trustee L 1 Guardian or Conservator U Other: Signer Is Representing: - ~ ~ii~~~1~J~jR i li>{7 0( tllw'ni~ luxe r%G`r ~~%G`~h.`E'~C.~c=r;~c%Get=:ti`ct;t%G`r=~C:~=G~c%G~=G~r%C>c~:z%U~cs{5~>~.;~.~e%z,Y<Ci`~~L~~`~~:`~'-Z.~:Z,~%G`r=G`~'v.'~>;~,~,-~=G~';~.,t?F`~.`~~L`~-'L`~'Z:~c;E.Y%cSc:t>Yti~.~~%G`c< C<X200%NalionaiNotaryAssocinlion•9350DeSotoAve.,PQE3ox2A02•Chatsvorlh,CA9131;i-1.A02•tn+nv.NationalNotary.or~ IlemN590% IZrordrr.Call'roll-Freo1-(300-f37(i-G02% EXHIBIT "A" LEGAL DESCRIPTION FOR TCSD LANDSCAPE EASEMENT BF,iNG A PORTION OF PARCEL H AS SHOWN BY PARCEL MAP ON FILE iN BOOK 1 PAGES 44 TIIROUGH 46, INCLUSIVE, IN TIIE OFFICE OF THE COUNTY RECORDER, OF RIVERSIDE COUNTY, STATF. OF CALIFORNIA, ALSO DESCRIBED IN DEED RECORDED DECEMBER 5, 2000 AS INSTRUMENT NUMBER 2000-482390 IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 79 OF TItAC1' NO. 22148, AS SHOWN BY MAP ON FiLE TN BOOK 202, PAGES 92 THROUGii 104 INCLUSTVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING ALONG THE SOUTH LINE OP SAID PARCEL DESCRIBED IN SAID DEED; THENCE, ALONG THE COMMON LINF, BETWEEN SAID DEED PARCF.,L, LOT 79, AND LOT 78 AS SHOWN ON SAID TRACT NO. 22148, SOUTH 89°29'56" EAST, 47.57 FEET; THENCE, LEAVING SAiD LiNE, NORTH 1 i°09'39" EAST, 6.09 FEET; THENCE, SOUTH 86°56'48" EAST, 25.86 FEET; THENCE, NORTH 45°57'38" EAST, 27.33 FEET; THENCE, NORTII 42°28' I 1"EAST, 46.28 FEET; TiiENCE, NORTH 42°30'39" EAST, 46.81 FF,F,T; THENCE, NORTH 45°26'32" EAST, 48.97 FEET; THENCE, NORTH 57°43'09" EAST, 8.38 FEET; THENCE, NORTH 27°57'25" EAST, 36.90 FEET; THENCE NORTH 42°49' 16" EAST, 10.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET; TIiENCE, NORTIiEASTF.,RLYRLONG SAiD CURVF, THROUGH A CENTRAL ANGLE OF 35°01'46", 18.34 FEET; THENCE, NORTH 77°51'02" FAST, 20.78 FEBT TO THE COMMON LINE BETWF.,EN SAiD DEED PARCEL AND TRACT NO. 23209 RECORDED IN BOOK 320, PAGES 79 THROUGH 97, INCLUSIVE OF MAPS iN THE OFFICE OF SAiD COUNTY RECORDER; Pages 1 oft T:~suxvev~zisa~rrnrs~resD~zisawicDrv Drab-~~_a°~ THENCE ALONG SAID COMMON LINE, NORTH 00°22'36" EAST, 9.57 FEET TO TItE SOUTi-iERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS A LANDSCAPE EASEMENT TO THE TEMECULA COMMUNITY SERVICES DISTRICT RECORDED JUNE 7, 2002 AS INSTRUMENT NUMBER 2002-309584, IN THE OFFICE OF SAID COUNTY RECORDER; THENCF, LEAVING SAID CORNER ALONG THE SOUTHERLY LINE OF SAID LANDSCAPF, F_.ASEMENT, NORTII 64°24'29" WEST, 70.90 FEET TO A POINT ALONG A NON-TANGENT CURVE ON THF, SOUTHEASTERLY RIGHT OF WAY LINE OF LA SERENA WAY (88.00 FEET WIDE) AS SHOWN ON SAID TRACT MAP NO. 22148, CONCAVE SOUTHEASTERLY AND IIAVING A RADIUS OF 1,556.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 44°14'01" EAST; THENCE, ALONG SAID RIGHT OF WAY LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°56'53", 215.85 FEET; THENCE, SOUTH 37°49'06" WEST, 18.17 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,044.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE TiTROUGH A CENTRAL ANGLE OF 03°30'25", 63.90 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.397 ACRES, OR 17,294 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND EASEMEN"1'S OF RECORD. SEE EXHIBIT `B' HEREON ATTACHED AND BY THIS REFERENCE MADE A PART HERF,OF. DATE: EX S. PLU ER, L.S. 6641 EXP. 12/31 /09 ~d O$ ~,`€~ ~~ ~x~~~s ® ~ ~~ t PB~TCS 2 Of 2 T:\SURVEY\2138\PLATS1TCSll\2138WILni?Y bL'D-1L.doc EXHIBIT "B" TO RIVERSIDE ro coRONA ,,,` CITY OF ,.. ~ ~a~ Road o CITY OF ~ TEMECUL~ a 9 TO SAN DIEGO VICINITY MAP NO SCALE SHEET 1 OF 2 ASSESSOR'S PARCEL NUMBER: 957-310-030 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING lS THE WEST L1NE OF TRACT N0. 23209 AS SHOWN ON MAP FlLED IN BOOK 320 PAGES 79-97 OF MAPS 1N THE OFf1CE OF THE COUNTY RECORDER OF RIVERSIDE, CALIFORNIA BE1NG N 0072'36" E. NOTF.• RETAINING WALL AT THE TOP OF THE SLOPE 1S "NOT A PART" OF THE EASEMENT AREA. LEGEND 1NDICATES TCSD LANDSCAPE EASEMENT GRANTED HEREON D AREA: 0.397 AC. OR 17,294 SF. ( ) 1NDICATES RECORD DATA PER 7R 22148. BK 202, PGS 92-104 REC 6/22/1989 O.R. f ] INDICATES RECORD DATA PER OFFER OF DEDICA710N FOR STREET PURPOSES REC 08/19/2004 AS INSTRUMENT N0. 2004-0656475 POB PO1NT OF BEGINNING 1ND1CA7ES OFFER OF DEDICATION FOR PUBLIC ROAD & 0 UTILITY PURPOSES PER DEED REC. 12/05/1968 AS INSTRUMENT N0. 119016 D.R. INDICATES LANDSCAPE EASEMENT TO TEMECULA COMMI ® SERVICES DISTRICT PER DEED REC. 06/07/02 AS OOC, N0. 2002-309584 O.R. © INDICATES OFFER OF DEDICA7)ON FOR PUBLIC ROAD Al UTILITY PURPOSES TO THE CITY OF 7EMECULA PER INSTRUMENT REC. 08/19/04 AS DOC. N0. 2004-OS56~ PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 43460 Ridge Park Drive, Suite 170 Temecula, CA 92590 951.695.5596 Tel 951.695.5597 Fax T~\SURVEY\2138\PLATS\TCSll\2138-TCSD-PCL-8-SI.DWG Jul 29, 2008 - 106pr~ LICENSE EXPIRES J2/31/09 EXHIBIT _, LFj~~y ~~ ANE I / ' 1109 ~ 1 ~ 110 ~- ~ / 1~~~ ~~ / ~ ~ / 8 7 ~ / P-l I / // ~ _ / / ~ ~~P 86 ~ ~~~ - ~ ~ y1~ / ~ Z ~ ~ ~h ~ / ~,~ oo~ ~~ 8 5 , ~ ~ 1 ~~,~ ~ ~ L1 ~ ~,~ ~ ,rA, 50.99' 7.57' N SHEET 2 OF 2 CURVE DELTA RADIUS LEN61F1 C1 35771'46' 30.00' 18.34' C2 03;30'25" 1044.00' 63 90' UNE BEARING LEN6M L1 N11179'39"E 6.09' L2 S86~6'48"E 25.86' L3 N4557'38'E 27.33' L4 N5743'09"E 8.38' L5 N42 49'16'E 10.41' L6 N77~1'02'E 20.78' L7 53749'06"W 117' ~. j i ~ ~~ A / ~ , \i~y~, / r~~oi~ ~~ ~ N ~ ~ ~ /,~h ~ /~;L /~o ,< POR. PCL 8, P.M.B. 1/44-46 PER DEED REC. 12/05/2000 AS DOC. N0. 2000-482390 / S89~9'56"E 309.23' ~ (N8931'25"W RETAIN/N6 WALL 309.35') 'Sr- P O B I 'NOT A PART` 79 78 ~ 77 TRACT ~ N0. 22148 M . B. 202/92-104 I PROJECT DESIGN CONSULTANTS / Planning I Landscape Architecture I Engineering I Survey 43460 Ridga Park Drive, Suite 170 Temecula, CA 92590 / / 951.695.5596 Tel 951.695.5597 Fax ~. II N" U ti 0 ~ N N ~ N N / 09 F~~i~F 9 W ~°'s ~ o~ ao z ~ ~ 2 `-~ ~ O~ N ~ ~ O zN - - - -~ J ~ m ~ ~ ~f N I- / ~ ~ Q ~ I ~ ~ I ~ ~----- 76 ~ »B» T.\SURVEY\2138\PLATS\TCSD\2138-TCSD-PCL-8-S2,dwg Aug 27, 2008 - 11~31ar~ City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the area conveyed by the Landscape and Retaining Wall Maintenance Easement Deed dated August 28, 2008 from C Street Holdings, LLC, a California Limited Liability Company ("GRANTOR") to the Temecula Community Service District, a Municipal Corporation ("GRANTEE"), is hereby accepted by order of the Temecula Community Services District Board made on September 23, 2008 and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA By: Jeff Comerchero TCSD Board President ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney TCSD DEPARTMENTAL REPORT ITEM NC}. 18 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 23, 2008 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Redhawk Parks Improvement project is nearing completion of the plan check phase. Staff anticipates this project will be out to bid before the end of the year. The Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. This project will include a restroom facility, ADA improvements, turf and irrigation modifications, half-basketball courts, and a permanent dog park which includes water fountains, picnic tables, ornate fencing, landscaping and concrete walkways. The Escallier House and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion project, and the tenant improvement plans are currently being prepared. The TCC expansion project is currently out to bid and a bid opening is scheduled for September 30, 2008. The Old Town Gymnasium project is in the design development stage. Staff, representatives from the Boys and Girls Club and the architect met to discuss opportunities and constraints of the site and discuss the preliminary design elements for the project. The architect is drafting possible concepts for consideration. The Community Services Department staff is working with the Planning Department on the City's Sustainability Plan. The Murrieta Creek Trail Project continues in the construction phase. The asphalt and DG paths and walkways have been installed on the north end of the project. Asphalt and DG is currently being installed on the south end of the project. Tables and benches have been placed. Working with the local VFW, the City of Temecula Community Services Department is currently accepting applications for the Phase III installation of pavers for the Veteran's Memorial at the Temecula Duck Pond. The City will be accepting up to approximately 270 applications for this phase of the project. The Recreation Division held the annual September 11th Remembrance ceremony atthe Temecula Duck Pond. Staff is currently planning and programming the first Teen Dance to be held on Friday, September 19th in Temecula and the annual Halloween Harvest Festival to be held October 24, 2008 at the Roller Hockey arena at the Ronald Reagan Sports Park. This event includes game booths, clowns, face painting, costume contests and screaming contests, party jumps and more. In addition, the Recreation Division continues to program and carry-out the classes and activities as outlined in the 2008 Summer/Fall Guide to Leisure Activities. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 2008 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. In addition to classes and activities, there are many special events including theater performances, excursions, etc. The Cultural Arts Division is responsible far the day-to-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities, and assist in all aspects of City-wide special events. REDEVELOPMENT AGENCY ITEM NC}. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 9, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 10:12 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of August 26, 2008. Item No. 1v was pulled for separate discussion; see page 2. 16 Reconveyance of four (4} Old Town parcels from the City to the Redevelopment Agency RECOMMENDATION 16.1 Authorize staff to convey four (4) City owned properties in Old Town to the Redevelopment Agency: Formerly APN Nos. 922-034-029, -030, -31, -032, -033, and -034, located along the north side of Main Street, west of Mercedes Street, and APN Nos. 922-044-019, -026, -027, and -029, located along the south side of Main Street, west of Mercedes; 16.2 Authorize the Executive Director to execute the Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. MOTION: Agency Member Washington moved to approve Item No. 16. Agency Member Naggar seconded the motion and electronic vote reflected unanimous approval. R:\Minutes1090908 PUBLIC COMMENTS A. Mr. Stephen Eldred, Temecula, expressed concern with a comment made by Council Member Washington with respect to two speakers running for candidacy, noting that those speakers had not indicated such in their statements and, therefore, Council Member Washington should not have publicly stated it. With regard to conflict of interest concerns and comments, he noted that those concerns and comments do not solely pertain to the upcoming 2008 City Council election. B. In response to Mr. Albert Abbott's questions, Assistant City Manager Adams stated that the appropriation of $115,000 for the Education Center Improvements from the Redevelopment Agency tax increment will be for tenant improvements associated with CSSM-Temecula in the Tierra Alta facility; that the vision would be for CSSM to move into the facility October 2008 with 54 nursing students; noted that this process has been a 12-month process, not afour-year process; and advised that more class information could be obtained at www.cityoftemecula.org. Although Agency Member Naggar serves on the Temecula Higher Education Foundation, a non-profit organization recently formed to promote higher education, City Attorney Thorson advised that Member Naggar does not have any conflicts of interest with respect to Consent Calendar Item No. 20. Agency Member Naggar also noted that his comments with respect to CSSM-Temecula may be viewed via the City's website. CONSENT CALENDAR ITEM NOS. 15 AND 17 CONSIDERED UNDER SEPARATE DISCUSSION Pulled for separate discussion in light of Mr. Abbott's comment (see above). 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of August 26, 2008. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 15. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Member Washington wha abstained. 17 Exclusive Negotiating Agreement with the RC Hobbs Company RECOMMENDATION: 17.1 Approve an Exclusive Negotiating Agreement between the Agency and the RC Hobbs Company. Director of Redevelopment and Housing Meyer provided a brief staff report (per written material). R:\Minutes1090908 A. Mr. Roger Hobbs, representing RC Hobbs Company, relayed his enthusiasm in bringing this project forward and advised that Chapman University will be coming to the City of Temecula. B. With respect to Item No. 17, Mr. Albert Abbott, Temecula, relayed his dissatisfaction with the use of this particular site as a water park versus a higher education facility and queried as to how a water park would be in the best interest of the residents of Temecula; and expressed his desire for the City Council to reconsider the use of this site for a higher education learning facility and affordable housing. Referencing Mr. Abbot's comments, Agency Member Edwards relayed the following: • That the City Council was recently informed that Chapman University will be opening a learning facility in the City • That with respect to the former education center, the private developer was not able to abide by his agreement and the contract expired. In response to Agency Member Washington, Mr. Hobbs noted that he had explored the feasibility of duplicating the former education center but that after some research, it would not be an attainable nor feasible project. Noting that although the developer of the former education center was not able to carry through his contractual obligation, Agency Member Comerchero stated that it has been and continues to be the City's intent to provide higher education to the City and its surrounding region. MOTION: Agency Member Comerchero moved to extend the meeting to 10:45 p.m. Agency Member Edwards seconded the motion and voice vote reflected unanimous approval. Offering additional comments with respect to the Exclusive Negotiating Agreement {ENA}, City Manager Nelson stated that the approval of this agreement would be only one component of the process and that the proposed project will come before the City Council through a public hearing. Agency Member Naggar briefly described the process in which Cal State San Marcos-Temecula came to fruition and reiterated that the project site of discussion would be owned by the Redevelopment Agency. MOTION: Agency Member Naggar moved to approve Item No. 17. Agency Member Comerchero seconded the motion and electronic vote reflected unanimous approval. RDA DEPARTMENTAL REPORT No reports at this time. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes1090908 3 RDA ADJOURNMENT At 10:37 p.m., the Tuesday, Septembe commencing at 7:00 California Temecula Redevelopment Agency meeting was formally adjourned to r 23, 2008, at 5:30 p.m. fora Closed Session with regular session p.m., City Council Chambers, 43200 Business Park Drive, Temecula, Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1090908 ITEM NC}. 2d Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: William G. Hughes, Director of Public Works DATE: September 23, 2008 SUBJECT: Northwest RDA Property Grading and NPDES Compliance, PW06-03 Increase in Contingency Funds and Approval of RCWD Temporary Access Agreement PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP RECOMMENDATION: That the Agency Members 1. Approve an increase of $91,671.49 in the contingency funds for Skanska construction contract, Project No. PW06-03, and authorize the Executive Directorto approve change orders not to exceed the total contingency amount of $622,436,43; 2. Approve a Temporary Entry Agreement with the Rancho California Water District, and authorize the Executive Directorto execute the Agreement. BACKGROUND: On April 11, 2006, the Agency Board approved a construction contract in the amount of the $3,471,391 (including a 10% contingency of $315,581) with Skanska to rough grade the site in anticipation of developing an Education Center on the site. Also on April 11, 2006, the Board approved a soil excavation agreement with the Rancho California Water District (RCWD) allowing roughly 1,000,000 cubic yards of soil to be transferred from adjacent RCWD property to the RDA property. As part of the RCWD agreement it was required that the RDA or the Site's future developer restore RCWD's property that was disturbed. On October 10, 2006, the Agency Board approved Contract Change Order No. 1 which allowed the City to undertake the relocation and modification of utilities on behalf of and paid for by the Eastern Municipal Water District (EMWD) and Rancho California Water District (RCWD) which increased the total amount of the contract by $2,369,646.23 (including a 10% contingency of $215,183.94). Tonight's recommended actions essentially allow for: 1. the restoration of RCWD's property to its pre-excavation condition and fulfills obligations under the original agreement and the new Temporary Entry Agreement with RCWD, and 2. addressing ongoing NPDES Stormwater maintenance responsibilities throughout this years' rainy season as the northwest property is unimproved soil and has the potential for erosion if not properly addressed. Future NPDES maintenance will be ongoing until such time as the property is sold or developed. Funding has been allocated in this years' CIP budget to address stormwater maintenance. Skanska has provided a cost proposal of $157,000.00 to restore permanent drainage facilities, grade the site to established positive surface drainage and forthe deployment of the erosion control measures on the RCWD property that was disturbed by prior grading operations which encompassed an area of roughly 50 acres. The above recommendations include adding $100,000.00 to the contract contingency to address NPDES maintenance activities on the NW RDA property through this year's rainy season. These two work activities total $257,000.00, less $165,328.51 of remaining project contingency funds, equates to a need to increase the contingency by $91,671.49. Staff has reviewed Skanka's work proposal and found it to be reasonable. Skanska's performance on the project to date has been very good. FISCAL IMPACT: Funding in the amount of $165,328.51 is available from the contingencyof the original construction contract under account number no.165-199-835-5804. The remaining funding of $91,671.49 is available from account no. 165-199-839-5804 allocated for the ongoing NPDES maintenance of the site. The funding source is from RDA Low and Moderate Set Aside Funds, which will be reimbursed by or utilized within the future site development. ATTACHMENTS: 1. RCWD Temporary Entry Agreement 2. Project Description TEMPORARY ENTRY AGREEMENT [PROJECT NO. D1185] This Agreement is made and entered into this day of 2008 by and between the RANCHO CALIFORNIA WATER DISTRICT ("District") and the CITY OF TEMECULA and its agents or employees ("Permittee"), whose address is 43200 Business Park Drive, Temecula, California 92590. RECITALS A. District owns parcel(s) of land ("Property") identified as Parcel Map No. 24991, which encompasses its Date Street Recycled Water Ponds and soil stockpile area. B. District has sold excess soil stockpiled on the Property to Permittee by and under a separate agreement between District and Permittee dated April 11, 2006 (attached hereto as reference), which subsequently expired as of June 1, 2007. C. Under the terms of the April 11, 2006 agreement between District and Permittee, Permittee acknowledges its obligation to restore storm flow patterns, drainage facilities, and incidental improvements within the Property that were disturbed, damaged, and/or removed by Permittee. D. Permittee's restoration activities/obligations ("Work") are depicted in the District's letter to Permittee dated February 19, 2008, and attached hereto as reference. E. District agrees to allow Permittee to enter Property to perform Work under the terms and conditions set forth below. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERMS AND CONDITIONS a. All Work shall be coordinated through District's contact person, Ken Cope, Construction Contracts Manager, at (951) 296-6900. b. Permittee's Work shall include, but not be limited to, site grading, silt removal, constructing drainage facilities, restoring traveled ways, replacing fencing and gates, and deploying comprehensive erosion control mechanisms using best management practices, as approved by District. c. The term of this Agreement shall terminate thirty (30) calendar days after the satisfactory completion of Work (as determined by District) to allow Permittee the specified time frame to restore the property to its pre-disturbed condition, and to complete fencing and gate replacement, as applicable. Upon completion of the Work and termination of this Agreement, RCWD will assume ownership, operation and maintenance of the Work. 08\CW:Im066a\D1185 Page 1 of 9 Kancho California Water District 42135 Winchester Road Post Office Box 9017 Temecula, California 92689-9017 f961) 296-6900 PAX (9511296-6860 www.ranchowater.com d. Permittee's use of Property shall at all times be subject to District's right to use Property for any purposes and for those uses for which it is currently being used. e. Permittee shall make every effort to minimize interference with the existing use of District's Property. f. Permittee shall secure the Property by providing additional fencing, gates, locks, and keys to District as necessary. Permittee shall under no circumstances limit District's access to the site. g. Permittee shall restrict its Work operations on the District's Property to between the hours of 7:00 a.m. and 5:00 p.m. Permittee shall not perform Work on District's Property on Sunday or any legal holiday without prior written approval from the District. h. Permittee shall gain access to Property by no other means than existing drive- access point(s), or as directed by District. i. Permittee shall not use any equipment or engage in any activity on Property other than the stated purpose, herein, nor shall Permittee change the existing grade or otherwise modify the topography of Property, without prior written consent of District. j. Permittee shall maintain complete control over all personnel and operations of Work. Permittee shall be responsible for any acts or omissions of all Permittee's personnel. k. Permittee, at Permittee's expense, shall obtain all permits and licenses necessary to comply with applicable laws and ordinances. 1. Permittee shall perform all Work in accordance with all applicable safety codes, ordinances, and other regulations. Particular emphasis shall be given to regulations of the State of California Department of Industrial Safety and the provisions of the California Labor Code and the Occupational Safety and Health Act of 1973. m. Permittee shall provide on-site dust control and shall comply with all requirements of the Southern California Air Quality Management District's Rule 403 -Fugitive Dust. n. Permittee shall obtain coverage provided by the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ), pursuant to the Storm Water Program of the State Water Resources Control Board Water Quality. All fees, including those costs associated with the Notice of Intent and development 08\C W:Im066a\D l 185 Page 2 of 9 Rancho California Water District 42i3a wfachestar xaaa • Post Office Box 9017 • Temecula, California 92589-9017 • (961) 296-6900 FAX (961) 296-6860 www.ranchowater.com and implementation of the required Storm Water Pollution Prevention Plan (SWPPP) shall be at the Permittee's sole expense. o. Permittee hereby warrants and represents that it will not cause the presence, use, storage, or disposal of any hazardous substances on the Property without the prior written consent of District. 2. PRE-JOB MEETING Permittee, or its designated representative, shall notify District no less than seven (7) days in advance of Commencement Date to arrange a pre job meeting with District to review contract terms, establish schedules, and provide all required documents. 3. PERMITTEE'S LIABILITY The District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the Permittee's work or any part thereof, or for any of the materials or other things used or employed in performing the Permittee's work, or for injury or damage to any person or persons, either workers, employees of Permittee, or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work by the Permittee. The Permittee shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work; provided, however, that the Permittee shall not be liable for the active negligence of District, its agents, servants, or independent contractors who are directly responsible to District. The Permittee shall indemnify the District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Permittee, its agents, employees, subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the District, its representatives, the engineer/architect or their consultants, directors, officers, agents, and employees, but excluding such actions, claims, damages to persons or property penalties, obligations, or liabilities arising from the active negligence of District, its representatives, the engineer/architect, or those who are directly responsible to them, and in connection therewith; 081CWam066a1D(l85 3 of 9 Rancho California Water District n2135 Winchester Road • Post Vtlicc Box 9017 • Temecula, California 92589-9017 (951) 296-6900 FAX (9u11296-6860 www.ranchowater.com a. Permittee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities, and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. Permittee will promptly pay any judgment rendered against Permittee, District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Permittee hereunder and Permittee agrees to save and hold District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees harmless therefrom. c. In the event the District, its representatives, engineer/architect, or their consultants, directors, officers, agents, and employees are made a party to any action or proceeding filed or prosecuted against Permittee for such damages or other claims arising out of or in connection with the work, or operation or activities of Permittee hereunder, Permittee agrees to pay to District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees any and all costs and expenses incurred by District, its representatives, the engineer/architect, and their consultants, directors, officers, agents, and employees in such action or proceeding together with reasonable attorneys' fees. d. The District may retain, to the extent it deems necessary, the money due to the Permittee under and by virtue of this Agreement until disposition has been made of such actions or claims for damages as specified hereinabove. 4. CONTRACTOR'S INSURANCE The Permittee shall not commence work pursuant to this Agreement until it has obtained all insurance required hereunder in a company or companies qualified to do business in the State of California and acceptable to the District. In addition, the Permittee shall not allow any subcontractor to commence work on its subcontract until such subcontractor has obtained the same insurance coverage required of the Permittee under this Agreement and until such insurance policies have been approved by the District. a. Insurance Requirements for Permittee - Permittee shall procure and maintain for the duration of this Agreement, insurance against claims for injuries or damages to Property, which may arise from or in connection with the work by the Permittee, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be borne by the Permittee. 08\C W:ImQ66a\D 1185 4of9 Rancho California Water District 42135 wincheeter Road • Poet Ott~ico Box 9017 Temecula, California 92559-9017 (961) 296 69UU FAX (961) 296-6860 www.ranchowater.com (1) Minimum Scope of Insurance -coverage shall at least be as broad as: (a) Insurance Services Office Commercial General Liability Coverage Occurrence Form No. CG0001 (11/88 Revisions). (b) Insurance Services Office Form No. CA-0001 (12/90 Revisions) covering Automobile Liability. (c) Workers' Compensation coverage, as required by the Labor Code of the State of California and Employers' Liability Coverage. (2) Minimum limits of insurance: (a) Comprehensive General Liability: $1,000,000 combined single limit for each occurrence of Bodily Injury, Personal Injury, and Property Damage, and $2,000,000 Aggregate Total Bodily Injury and Property Damage. (b) Automobile Liability: $1,000,000 combined single limit per accident for Bodily Injury and Property Damage. (c) Excess Liability per this Agreement (e.g., exceeding $50,000) - $3,000,000 Bodily and Property Damage. (d) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of not less than $1,000,000 per accident. (3) Deductibles or self-insurance: Any and all deductibles or self-insured retention must be declared to and approved by the District. At the option of the District either: a) the insurer shall reduce or eliminate such deductibles or self-insured retention as they relate to the District, its officers, agents, employees, and consultants, or b) the Permittee shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. (4) Hold harmless (indemnity) agreement: Permittee shall take all responsibility for the work, shall bear any and all losses and damages directly or indirectly resulting to Permittee, to any third party, to any sub-lessee, to the District, its representatives, to the engineer/architect or to their officials, directors, officers, agents, and Q81CW'Im066a\QI l85 Page 5 of 9 Rancho California Water District 42135 Winchester Road • Post Office Bnx 9017 • Temecula, California 9'1559-9017 • 1951) 296-6900 • FAX (951) 296-6860 www.ranchowatcr.com employees due to the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes. Contractor shall assume the defense costs of and hold harmless the District, its representatives, the engineer/architect, and their officers, directors, agents, employees, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description directly and indirectly arising from the performance of the work. Approval of the insurance contracts does not relieve the Permittee or subcontractors from liability under this hold harmless clause. (5) All insurance policies shall be issued by acceptable insurance companies, as determined by the District, which 1) are qualified to do the business of insurance in California, 2) maintain an agent for service of process within the State, and 3) are rated not less than "A VII" according to the latest Best's Key Rating Guide. b. Other Permittee Insurance Provisions -The policies specified herein are to contain or be endorsed to contain the following provisions: (1) The District, its representatives, engineer/architect and their consultants, directors, officers, agents, and employees, consultants, and volunteers are to be covered as additional insureds as respects: liability arising out of the activities performed by or on behalf of the Permittee; products and completed operations of the Permittee; premises owned, leased, or used by the Permittee; or automobiles owned, leased, hired, or borrowed by the Permittee. (2) The Permittee's insurance coverage shall be primary insurance as respects the District, its representatives, engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. Any insurance or self-insurance maintained by the District, its representatives, the engineer/architect and their directors, officers, employees, consultants, or volunteers shall be in excess of the Permittee's insurance and shall not contribute to it. (3) Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the District, its representatives, the engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. (4) Coverage shall state the Permittee's insurance and 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. c. Compensation and Employers' Liability Coverage -The insurer shall agree to waive all rights of subrogation against the District, its representatives, O8\CW:Im066a\D1 ] 85 Page 6 of 9 Rancho California Water District 42135 Winchester Xoad Post Otl-ice Box 9017 Temecula, California 92589-9017 (951) 296-6900 FAX (951) 296-6860 www.ranchowater.com engineer/architect and their directors, officers, agents, employees, consultants, and volunteers for losses arising from work performed by the Permittee for the District. d. All Coverage -Each insurance policy required by the policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the District. e. Proof of Insurance -The Permittee shall, at the time of the execution of this Agreement, present the original policies of insurance required by this Section, or present a certificate of the insurance company, showing the issuance of such insurance and the additional insureds and other provisions required herein. f. Certificate of Insurance -The Permittee shall, at least thirty (30) days prior to the expiration of any insurance policy required by this Agreement, file a signed and completed "Certificate of Insurance" (listing all policy endorsements and provisions called for by this Agreement) with the District stating that such insurance policy has been renewed or extended. 5. PERMITTEE REPRESENTATIONS Permittee warrants and represents that: a. It has complied with all federal, state, county, and local laws necessary for said activities, including, without limitation, obtaining all necessary permits, entitlements, and license to excavate and grade, and will comply with all applicable laws while performing this excavation including, but not limited to, compliance with all labor laws. b. It has a contractor's license for excavation activities and all other associated license(s) needed to perform his duties. 6. ASSIGNMENT Permittee shall not assign any of its rights under this Agreement to any person or entity without the prior written consent of District. 7. DISPUTES All disputes arising out of or in relation to the Agreement shall be determined in accordance with Section 12 of the District's General Provisions of the Standard Specifications and Standard Drawings for Water and Sanitary Sewer Facilities. The Permittee shall pursue the work to completion in accordance with the 08\CW am066a\D 1185 Page 7 of 9 Rancho California Water District 4zt35 winehester Raad • Yost oi~ce sox 9017 • Temeoula, California 92589-9017 • (951) 296-6900 • FAX (951) 29G6860 www.ranchowater.com instructions of the District notwithstanding the existence of any questions or dispute. 8. AGREEMENT PREPARATION This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between District and Permittee relating to the grading, temporary entry, and drainage. Any prior agreements, promises, negotiations, or representation not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by District and Permittee. 10. PARAGRAPH CAPTIONS Captions to Paragraphs/Subparagraphs are for convenience purposes only and are not part of this Agreement. 11. BINDING PROVISIONS This Agreement is binding upon heirs, representatives, successors, and assigns of the parties hereto. 12. SIGNATURE AUTHORITY The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the parties hereto. Permittee shall indicate acceptance of the terms and conditions of this Agreement and the permission granted herein by signing in the space provided and returning this original copy of the Agreement to District. 081CW am066a~D 1185 Page 8 of 9 Rancho California Water District X1135 Winchester Road Post Office Box 9017 Temecula, California 92589-9017 (951) 296-6900 FAX (951) 296-6860 www.ranchowater.com IN WITNESS WHEREOF, this Agreement has been executed as of the day, month, and year first above written. RANCHO CALIFORNIA WATER DISTRICT By: Philip Forbes, Interim General Manager CITY OF TEMECULA By: Shawn D. Nelson, City Manager APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk 08\CW:Im066a\D1 l85 Page 9 of 9 Rancho California Water District 42135 Winchester Road Poet Office Box 9017 • Temecula, California 92589-9017 (951) 296-6900 FAX (951) 296-6860 www.ranchowater.com SOIL EXCAVATION AND TEMPORARY ENTRY AGREEMENT (PROJECT NO. D1185) This Agreement is made and entered into this I l th day of A prii .2006, by and between RANCHO CALIFORNIA WATER DISTRICT ("District") and the CITY OF TEMECULA and its agents or employees ("Permittee") whose address is 43200 Business Park Drive, Temecula, California 92589. RECITALS A. District owns a parcel of land ("Property") identified as Parcel Map No. 24991, as shown on attached Exhibit A. B. District has excess soil stockpiled on the Property and is willing to provide up to 900,000 cubic yards of the excess soil ("Allotted Material") available for removal from that portion of the Property outlined on Exhibit A ("Excavation Site").. C. District will allow the removal of additional soil ("Additional Material"), approximately 130,000 cubic yards, from that portion of the Property outlined on Exhibit A ("Future Pond Site"). D. Permittee seeks to remove approximately 700,000 cubic yards of the Allotted Material to be used for rough grading of Permittee's property. Permittee seeks to utilize approximately 330,000 cubic yards of the Allotted Material and the Additional Material for use in surcharging Permittee's property and to return said material to the Excavation Site to be stockpiled by the Permittee. E. District agrees to pay Permittee a unit cost of $0.50 per cubic yard, up to a maximum payment of $292,500, for the quantity of Allotted Material that is removed and not returned to the Property. F. Permittee shall remove the Allotted Material and Additional Material under the terms and conditions as set forth below. NOW, THEREFORE; IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERMS AND CONDITIONS a. Permittee shall remove up to 1,030,000 cubic yards of Allotted Material and Additional Material from the Excavation Site and Future Pond Site. Permittee may return a portion of said material to the Excavation Site after Permittee has utilized said material to surcharge Permittee's property. Page 1 of 11 Rancho California Water DtaMct 42195 Winchester Road • Poet Offs Box 8017 • Temecula, California 92589-9017 (951)296-6900 • FAX (951)296-6860 b. District shall pay Permittee a unit cost of 50 cents per cubic yard, up to a maximum payment of $292,500, for the quantity of Allotted Material that is removed and not returned to the Property. The removal of all Additional Material and Allotted Material which is returned to the Property, shall not be the subject of any payment by District. Final determination of the quantity of Allotted Material actually removed, as the sole basis of final payment, shall be calculated as the difference between a preconstruction and apost-construction topographic survey to be performed by the District. c. Permittee agrees to reimburse District for-all District staff costs and survey cost associated with this Agreement as set forth in invoices submitted by the District to the Permittee. d. All work shall be coordinated through District's contact person, Craig Mapes, Construction Contracts Manager, at (951) 296-6900. e. The term of this Agreement shall be from April 1, 2006 ("Commencement Date") to June 1, 2007 ("Completion Date"). f. District shall only remit payment to Permittee for the removal of Allotted Material from the Property prior to October 1, 2006. g. District reserves the right to remove excess soil from the Property by its representatives, contractors, agents, or employees during the term of this Agreement. Permittee's use of the Property shall be non-exclusive and Permittee shall coordinate his activities with the District's representatives, contractors, agents, or employees. h. Permittee's use of Property shall at all times be subject to District's right to use Property for any purposes and for those uses for which it is currently being used, including but not limited to the existing leased area for the Southwest Soccer Club. i. Permittee shall make every effort to minimize interference with the existing use of District's Property. Permittee's haul route on the Property shall be as directed by District and limited to the area indicated on Exhibit A. j. Permittee shall secure the Property, at all times, by providing additional fencing, gates, locks and keys to District as necessary. Permittee shall under no circumstances limit District's access to the site. Prior to the Completion Date, Permittee shall replace the existing property line fence, along the northern boundary of the Cherry Street right-of--way (approximately 1,400 lineal feet), with a new six-foot high chain link fence with barbed wire in accordance with RCWD's Standard Drawing No. RW-44. The cost of the new chain-link fence will be split on an equal basis between the District and the Permittee. Page 2 of l l Rancho California Water DGtriet 42135 Wiad~ester Road Poet OlGce Bo:9017 • Temeaila, Csli[ornis 92589-9017 (951)2966900 FAX (951) 296860 k. Permittee shall restrict its operations on the District's Property to the work hours identified on the attached City of Temecula Grading/Haul Route Permit. Permittee shall not work on District's Property on Sunday or any legal holiday without prior written approval from the District. 1. Permittee shall gain access to Property by no other means than the "Cherry Street Entry," as directed by District and indicated on Exhibit A. m. Permittee shall not use any equipment or engage in any activity on Property other than the stated purpose herein, nor shall Permittee change the existing grade or otherwise modify the topography of Property, with the exception of the Excavation Site and Future Pond Site, without prior written consent of District. n. Permittee shall maintain complete control over all workers and operations. Permittee shall be responsible for any acts or omissions of all Permittee's personnel. o. Permittee, at Pernuttee's expense, shall obtain all permits and licenses necessary to comply with applicable laws and ordinances. p. Permittee shall perform all work in accordance with all applicable safety codes, ordinances, and other regulations. Particulaz emphasis shall be given to regulations of the State of California Department of Industrial Safety and the provisions of the California -Labor Code and the Occupational Safety and Health Act (OSHA) of 1973. q. Permittee shall provide on-site dust control and shall comply with all requirements of the Southern California Air Quality Management District's Rule 403 -Fugitive Dust. r. Permittee shall obtain coverage provided by the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ), pursuant to the Storm Water Program of the State Water Resources Control Boazd Water Quality. All fees, including those costs associated with the Notice of Intent and development and implementation of the required Storm Water Pollution Prevention Plan (SWPPP) shall be at the Permittee's sole expense. s. Permittee shall submit to District for approval, an Injury and Illness Prevention Program in accordance with OSHA requirements. t. Permittee hereby warrants and .represents that it will not cause the presence, use, storage, or disposal of any hazardous substances on the Property without the prior written consent of District. Page 3 of 11 Rancho California Water District 42135 Winchester Road Poet Office Boz 9017 • Teauaila, California 92589.9017 • (951) 296.6900 • FAX (951)296.6860 u. Permittee shall, prior to the termination of this Agreement, restore Property to a condition, as near as reasonably possible, to that which existed prior to Permittee's occupancy which may include, but .not limited to, restoring existing drainage facilities, restoring roads and re-vegetating disturbed areas. v. Permittee shall place the returned soil material, previously used for surcharge purposes, as near as reasonably possible to the existing stockpile site. The Permittee shall prepare a soil stockpile plan for District approval, which shall identify the proposed grading for the stockpile, compaction requirements, drainage facilities and re-vegetation. w. District will allow the Permittee to sell or otherwise dispose of the surcharged material used by Permittee in lieu of returning the surcharged material to the existing stockpile site. x. Permittee will have the sole responsibility of determining the quality and suitability of the Allotted Material and Additional Material for its intended use. The District provides no warranty or guarantee, implied or expressed, as to the quality or nature of the Allotted Material and Additional Material. y. Said unsigned Agreement shall remain valid until May 1, 2006. 2. PRE-CONSTRUCTION MEETING Permittee, or its designated representative, shall notify District no less than three (3) days in advance of Commencement Date to arrange meeting with District fora "pre- construction" meeting to review contract terms, establish schedules and provide all required documents: 3. PERMIT'TEE' S LIABILITY The District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the Permittee's work or any part thereof, or for any of the materials or other things used or employed in performing the Permittee's work, or for injury or damage to any person or persons, either workers, employees of Permittee or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work by the Permittee. The Permittee shall be responsible for any damage or injury to .any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work; provided, however, that the Permittee shall not be liable for the active negligence of District, its agents, servants, or independent contractors who are directly responsible to District. Page 4 of 11 Rancho California Water District 42135 Winchester Road • Poat OtSce Bo:9017 • Temecula, California82589-9017 (951)2966800 • FAX (951) 296.68G0 The Permittee shall indemnify the District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Permittee, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the District, its representatives, the engineer/architect or their consultants, directors, officers, agents, and employees, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the active negligence of District, its representative, the engineer/architect or those who are directly responsible to them; and in connection therewith; a. Permittee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. b. Permittee will promptly pay any judgment rendered against Permittee, District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Permittee hereunder and Permittee agrees to save and hold District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees harmless therefrom. c. In the event the District, its representatives, engineer/architect, or their consultants, directors, officers, agents, and employees are made a party to any action or proceeding filed or prosecuted against Permittee for such damages or other claims arising out of or in connection with the work, or operation or activities of Permittee hereunder, Permittee agrees to pay to District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees any and all costs and expenses incurred by District, its representatives, the engineer/architect, and their consultants, directors, officers, agents, and employees in such action or proceeding together with .reasonable attorney's fees. d. The District may retain, to the extent it deems necessary, the money due to the Permittee under and by virtue of this Agreement until disposition has been made of such actions or claims for damages as specified hereinabove. 4. PERMITTEE'S INSURANCE The Permittee shall not commence work pursuant to this Agreement until it has obtained all insurance required hereunder in a company or companies qualified to do Page 5 of 11 Rancho California Water District 42155 Winchester Road • Poet Office Bo:8017 • Temecula, California 92589-9017 (95ll 2966900 • FAX (851)2966860 business in the State of California and acceptable to the District. In addition, the Permittee shall not allow any subcontractor to commence work on its subcontract until such subcontractor has obtained the same insurance coverage required of the Permittee under this Agreement and until such insurance policies have been approved by the District. 1. Insurance Requirements for Permittee - Permittee shall procure and maintain for the duration of this Agreement, insurance against claims for injuries or damages to Property, which may arise from or in connection with the work by the Permitteea his agents, representative's employees or subcontractors. The cost of such insurance shall be borne by the Permittee. a. Minimum Scope of Insurance -coverage shall at least be as broad as: i. Insurance Services Office Commercial General Liability Coverage (Occurrence Form No. CG0001 [11/88 Revisions]). ii. Insurance Services Office Form No. CA-0001 (12190 revisions) covering Automobile Liability. iii. Worker's Compensation coverage, as required by the Labor Code of the State of California Coverage. b. Minimum limits of insurance: i. Comprehensive General Liability: $1,000,000 combined single limit for each occurrence of Bodily Injury, Personal Injury and Property Damage, and $2,000,000 Aggregate Total Bodily Injury and Property Damage. ii. Automobile Liability: $1,000;000 combined single limit per accident for Bodily Injury and Property Damage. iii. Excess Liability per this Agreement (e.g., exceeding. $50,000) - $3,000,000 Bodily and Property Damage. iv. Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of not less than $1,000,000 per accident. c. Deductibles or self-insurance: Any and all deductibles or self-insured retention must be declared to and approved by the District. At the option of the District either: the insurer shall reduce or eliminate such deductibles or self-insured retention as they relate to the District, its officers, agents, employees, and consultants: or the Permittee shall procure a bond Page 6 of 11 Rancho Calitorola water Dlatrict 42135 Winchester Road Poet Office Bo:9017 • Temecula, California 92589-9017 • (951) 2966900 t FAX (951)2966860 guaranteeing payment of losses and related investigation, claim administration, and defense expenses. d. Hold harmless (indemnity) agreement: Permittee shall take all responsibility for the work, shall bear any and all losses and damages directly or indirectly resulting to Permittee, to any third party, to any sub- lessee, to the District, its representatives, to the engineer/architect or to their officials, directors, officers, agents, and employees due to the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes. Permittee shall assume the defense costs of and hold harmless the District, its representatives, the engineer/architect, and. their officers, directors, agents, employees, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description directly and indirectly arising from the performance of the work. Approval of the insurance contracts does not relieve the Permittee or subcontractors from liability under this hold harmless clause. e. All insurance policies shall be issued by acceptable insurance companies, as determined by the District, which 1) are qualified to do the business of insurance in California, 2) maintain an agent for service of process within the State, and 3) are rated not less than "A VII" according to the latest Best's Key Rating Guide. 2. Other Permittee Insurance Provisions -The policies specified herein are to contain or be endorsed to contain the following provisions: a. The District, its representatives, engineer/architect and their consultants, directors, officers, agents, and employees, consultants, and volunteers are to be covered as additional insureds as respects: Liability arising out of the activities performed by or on behalf of the Permittee; products and completed operations of the Permittee; premises owned, leased, or used by the Permittee; or automobiles owned, leased, hired, or borrowed by the Permittee. b. The Permittee's insurance coverage shall be primary insurance as respects the District, its representatives, engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. Any insurance or self-insurance maintained by the District, its representatives, the engineer/architect and their directors, officers, employees, consultants, or volunteers shall be in excess of the Permittee's insurance and shall not contribute to it. c. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the District, its representatives, the engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. Page 7 of 11 Rancho Calltornla Water District 42135 winci,esecr Read • Post 06ice Soz 9017 • Temecula, California82689-8017 • (95ll 296-6900 • FAX (951)2966860 such estimated value after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of this Agreement. Final Payment -The District shall pay the final sum so found to be due provided that a release of liens and claims has been received from the Permittee pursuant to Civil Code Section 3262. The final payment shall not be due and payable until the expiration of thirty-five (35) days from the date of acceptance by the District of the removal of the Allotted Material by the Permittee. The District's representative shall, after the satisfactory removal of the Allotted Material by the Permittee, make a final determination of the quantity of Allotted Material actually removed as the sole basis of the final payment. The determination of the quantity used for the final payment shall be calculated as the difference between apre-construction and apost- construction topographic survey to be performed by the District and at the Permittee's cost. The District shall pay to the Permittee the balance of such final payment after deducting therefrom all previous payments and including all sums kept or retained under the provisions of this Agreement. No certificate given or payments made under this Agreement, except the final certificate or final payment shall be evidence of the performance of the Agreement, either wholly or in part, and no payment shall be construed to be an acceptance of any defective work or improper materials. c. Permittee Reimbursement Pam -The District shall, on or before the twenty-fifth (25th) day of each calendar month, after Permittee's work has started, submit a detailed invoice to the Permittee for reimbursement of District staff costs for the preceding calendar month. Permittee shall make full payment to the District within twenty (20) calendar days. 6. PERMITTEE REPRESENTATIONS Permittee warrants and represents that: a. It has complied with all federal, state, county and local laws necessary for said activities, including, without limitation, obtaining all necessary permits, entitlements and license to excavate and remove the Allotted Material and Additional Material from the Property, and obtaining an approved City of Temecula Grading/Hauling Permit for ingress and egress from the Property, and will comply with all applicable laws while performing this excavation, including, but not limited to, compliance with all labor laws. b. It has all necessary license(s) needed to perform his duties. Page 9 of 11 Rancho Calltornla Water District 42135 Winchester Pnad Post Office Boz 9017 • Temecula, Cslifornia 92589-9017 (951)296-6900 FAX (951)296.6860 _~ _~ ''~ February 19, 2008 David McBride, Senior Engineer City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: RANCHO CALIFORNIA WATER DISTRICT DRAINAGE PLAN -DIRT STOCKPILE Board of Directors William E. Plummer Dear David: President Ralph H. Daily Rancho California Water District (RCWD) staff has reviewed the City of Sr. Vice President Temeeula's (City) drainage plan submittal of February 11, 2008. Generally, Stephen J. Corona RCWD staff concurs with the City's proposal to restore storm flow patterns and Ben R Drake drainage facilities within the stockpile azea (depicted by the enclosed exhibit), as Lisa D. Herman Well as repair mudslide damage to the soccer fields below the stockpile area. John E. Hoagland RCWD has noted the following change to the City's drainage plan submittal: Lawrence M. Libeu ~ Extend the PCC swale to connect the proposed southeasterly dissipater ofr,"era: structure to channel drainage flows along the toe of the new slope created Gene aJhB tiger by the City's half-street grading of Cherry Street (see enclosed exhibit for Phillip L. Forbes noted comment). Assistant General Manager / Chief Financial Officer John G. O'Donnell This change is required as water will not sheet flow as it once did with the new Assistant General Manager / embankment that was created by the grading of Cherry Street by the City. Engineering & Operations Concentrated storm flows have started to cause rutting damage to the southerly Perry R Louck Director of Planning boundary of the soccer fields. Jeffrey D. Armstrong Controller With regards to the repair of the soccer fields, the Southwest Soccer Club has made Kelli E. Garcia District Secretary the request to RCWD that damaged lawn azea(s) be replaced with sod so that soccer C. Michael Cowett play can resume as soon as possible. Southwest Soccer Club estimates the cost to ~ne s; ~o&n~ieger LLP be approximately $12,000. This monetary amount assumes an azea of 150' x 210' would be replaced with sod (purchased and installed by soccer club staff j and assumes that the silt would be removed by the City's contractor). With the above request by the Southwest Soccer Club, RCWD would like to discuss this matter with City staff to determine appropriate resolution. At your eazliest convenience, please call me at this office at (951) 296-6900 to set up a meeting or conference call. Sincerely, RANCHO CALIFORNIA WATER DISTRICT V V ,~~ ~--~ ~orey Wallace, P.E. Development Engineering Manager Enclosures 08\CW:Im019\FEG Rancho California Water District 42135 Winchester Road Post Office Box 9017 Temecula. California 92589-9017 19511296-6900 • FAX (9511296-6860 www ranrhnwatnr rnn. wEW t7E5tt.TNG P.,A~r1tJ~ GRAtN RPt~ ({tSE~ ~ GU1JtZE A.PKD N ~~- E~1iRS't b1'161F>•'ITD~ LONSTRUCTKNI NOTES Q cwar r xn «~ n. ~. is ~ccaunlucr ~ i:.w ,,,.,,c, uwvra rrrc : na •xr.. a m, z •• (}°ae .I.. near m.. Ta Y~c.a+w ~: a :~.. n ~ »~ ~~ r: - c.re. PLAN ~ el, er ev, ~~ - 4 ~ T.IC. r M~ \ M. he e . `n ~ j ~ 1092.~i 1 N f~vr4dTC e ~ ~.. x \ cv....P°.ewl NilR °7 ~ ~e ~ `o/ ~ SQL • ac.r. .\Yr ' e a_ ~e~l~t ~L.°//' :,L_1.. i035 ~sAr n.e ~ K f~ o' wv s. ~ o ~ N'' \ GRAIN PIPE 8 PoSER DETAIL : - v R~ 'CpF ~ SECTION M-M zt \ x ~I.s .,~ - 5 \ x A I I ~ \t \\\\\\ SEE TYPICAL BERM • ~ ~ \ q ~~ OEYAIL BELOW 'y' DRC a a ~ ~ ~O ~• I loe~c,2 c Fp ~p ._ W ~ L _ i s~ove I L ~` ~ °`z/ a K. ~.o~ ~ 2 _' - SECTION L-L ~? / ~ 5' >< ,. ~. ~ // ..rox T~ Lod ior. 21 O ~~ • I' ,yy x ~ ~ ~ - ~~~~ ~ TYPIG4L_BERMDETAII plsst PAY' -~ ~ y °-~' Ptc MVICRIEZYq ~° J,f$W .L'JEStLTIntG ~t:+1~j TXd4ttJ Ptf'E! Rt~R Ar Gu>,7tTE RpFbI~I _ x .~ ~.TP.C.L `~ _. ~., x TPM`O t"'°4 """°"1O10M°` RANCHO CAL IfORNIA WATCR DISTRICT ~O~ ~ INTERIM RECLAIMED WATER uP~orm STORAGE PONDS D.TE, Rancho IJater e , ~. T e •'. ~~. ,~ ~T,° ll.rt MwIIIN.. I1w1 ~ A..:.w e~^ 611hreY 4W °WY+1 _ M, r^O ~ STOCKPILE AREA > [Op.~crn NTE Y I o.T ROUGH GRADING PLAN DATE BY RCYISIONS APP' DATE °~T[i__ ~«~~~ 'r«~w~ `~«« `[MrP~ciS Ml10r6 PROJECT DESCRIPTION Project Title: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE PRIORITY: Project Type: RDA Description: Project will rough grade the RDA owned property at the NW corner of Diaz Road and Dendy Road. Department: RDA Scope of Project: Project will complete rough grading and compacting by redistributing surcharge materials across the entire site and then implement storm water BMP's for sediment and erosion control and complete annual maintenance of the storm water BMP's. Benefit: Work will prepare the site for future development or for marketing to the development community while ensuring compliance of the storm water regulations. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Future Years Cost Administration $ 25,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 45,000 Construction $ 250,000 $ 45,000 $ 45,000 $ 45,000 $ 45,000 $ 430,000 Design $ 25,000 $ 25,000 Totals $ - $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 Source of Funds: RDA Housing Total Funding: $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 500,000 $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 $ - Future O & M Cost: $ 1,000 Annually 181 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: September 23, 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. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement with Pelican Properties to develop the project. 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. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. 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 ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 23, 2008 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of August 2008. CURRENT PLANNING ACTIVITIES New Cases The Division received 46 new applications for administrative, other minor cases, and home occupations including 10 applications for public hearings during the month of August. The new public hearing cases are as follows: CONDITIONAL USE PERMIT 2 DEVELOPMENT PLAN 2 EXTENSION OF TIME 1 MINOR MODIFICATION 4 TENTATIVE PARCEL MAP 1 SPECIAL PROJECTS & LONG RANGE PLANNING ACTIVITIES The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital -This project was approved by the City Council on January 22, 2008. The CEQA challenge period forthe Supplemental EIR expired on February28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 2008. A ruling from the Court regarding compliance with the Court's order 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. Preliminary HCD comments were received on September 8, 2008. A revised timeline has been prepared that anticipates a Planning Commission hearing in December 2008 and a City Council hearing will be held in January 2009. Upon adoption by the City Council, the Housing Element will 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. Staff is working on constraints/lotting analyses to develop firm numbers for assessment district fiscal analysis. In addition, staff will be hiring consultants to prepare Design Guidelines and an EIR. 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 for 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 met with the Transit Ad Hoc Committee on August 25, 2008. Representatives from RCTC, RTA, WRCOG, Caltrans, SANDAG and the City of Murrieta staff attended to here updates on and discuss programmed Measure A improvements, transit route restructuring, a new commuter link route to Escondido and the I- 15 IRP program. These meetings continue to improve coordination among the above mentioned agencies and emphasize the importance of needed local transit and commuter solutions for the southwest area of Riverside County. The Subcommittee is hopeful that more focused studies, planning efforts, and actions occur as a result of these meetings. (WESTISCHUMA} ^ 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 for 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 tentatively scheduled for review by the Planning Commission on October 15, 2008 and is tentatively scheduled for City Council in November 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. 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. Staff is monitoring the States progress and anticipates that minor changes to the City's Ordinance will be needed mid year of 2009. (WEST) ^ Massage Ordinance -Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly bythe Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes 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 far review and approval in November. The CEQA thresholds portion of this work effort is currently on-hold. (KITZEROWI SCHUMAIWEST} ^ 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-I E), which is 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. Several staff level committees have been formed to begin establishing goals and implementation programs for the eight major categories (Energy, Water, Air Quality, Materials and Resources, Site and Sustainability, Transportation, Open Space, and Education) of the Sustainability Plan. Staff will meet with the Subcommittee at the conclusion of the goal setting process and then will hold a community meeting. (WESTILECOMTE) ^ Santa Margarita Area Annexation -The Notice of Preparation forthe revised Environmental Impact Report was released on July 28, 2008 for 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. (BROWNIWESTILECOMTE/LOWREY) Development Code Update -Staff is preparing an update of the Development Code that proposes to remove the distinction that exists between zoning standards for kindergarten through grade twelve (K-12) public schools (including charter schools) and zoning standards for K-12 private schools. The amendment proposes all schools, including colleges and universities, proposed within all commercial zoning districts shall be subjectta City review of a Conditional Use Permit (CUP) [except Temecula Valley Unified School District, State and Community Colleges maybe exempt pursuant to State law] so thatthe placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit. The amendment to the Development Code ensures that vocational and trade schools, such as cosmetology schools, and other specialized vocations, would not be subject to the same process as K-12 schools and colleges and universities since they are viewed more as a business than a conventional school. {LOWREY) 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 far 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 na additional permits are necessary. Staff is awaiting a response. (PETERSIKITZEROWISCHUMAj. 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 committerforthe Specific 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 08-01-2008 through 08-31-2008 Recently Approved APN # PA08-011$ Warehouse at Creekside 922046012 CHERYL KITZEROWIMATT PETERS A Conditional Use Permit and Development Plan for the Warehouse at Creekside. A 30,519 square foot mixed use project (ground floor restauranUparking 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 Approved Date 5/21 /2008 Aug 20 2008 it APN # PA08-0163 International Film Festival sziz~oo3a 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 Approved Date 7/29/2008 Aug 20 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 Temeuula on August 30th between 5:OOpm to 11:OOpm. Submitted Date Approved Date 8/1/2008 Aug 182008 1 of 4 Planning Agenda Report 08-01-2008 through 08-31-2008 Scheduled for Hearing APN # PA07-0312 Rancho Pueblo Condo TPM ssso~oo2s BETSYLOWREV 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. 2. Submitted Date DRC Meeting Date Directors Hearing 11/212007 Sep 42008 APN # • PA08-0150 DOgtopia 921800005 DANA SCHUMA A Conditional Use Permit to allow for a dog daycare facility at 27629 Commerce Center Drive. Submitted Date DRC Meeting Date Directors Hearing 7/2/2008 8/14/2008 Sep 11 2008 APN # • PA08-0008 Truax Building 922043012 CHERYL KITZEROWIMATT 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 23 2008 zot4 Planning Agenda Report 08-01-2008 through 08-31-2008 3. APN a • PA07-0309 PDO-6 Zoning Amendment 959060007 ERIC JONES A Zoning Amendment application to amend the Rancho Pueblo Planned Development Overlay (PDO-6). The site is generally located on Temecula Parkway approximately 325 feet east of Jedediah Smith Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 11 /1 /2007 TBD APN a • PA08-0143 BA/LY'S RESTAURANT BANQUET s22oasols 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 New Submittals Pending DRC Meeting APN # • 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 8/26/2008 TBD APN # • PA08-0165 AT&T Wireless 954020005 DANA SCHUMA A Conditional Use PermiUAntenna 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 APN # • PA08-0176 Crowne Plaza Hotel DP 921060055 KATIE LECOMTE A Commercial Development Plan to construct afive-story 125,810 square foot hotel (Crowne Plaza) consisting of 168 guests rooms and suites, a grand ballroom, restaurant 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 3 of4 Planning Agenda Report 08-01-2008 through 08-31-2008 8/12/2008 TBD • PA08-0179 Pujol Street Apartments szzzsoool DANA SCHUMA A Tentative Residential Parcel Map (TPM 36119) to create one parcel for the Pujol Street Apartment complex located at 28801 Pujol Street. (Related project: PA07-0229) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/20/2008 9/18/2008 TBD APN n • PA08-0183 EONS Gaming 921830015 DANA SCHUMA A Minor Conditional Use Permit to authorize EONS Gaming to have an indoor video gaming facility located within a 3,866 square foot unit at 41533 Margarita Road, Suite M101 in the Bel Villaggio shopping center. The gaming facility proposes to have 30 gaming stations available from 12 p.m. to 10 p.m. Sunday through Thursday, and 10 a.m. to 12 a.m. Fridays and Saturdays. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/25/2008 9/18/2008 TBD APN q • PA08-0189 Penske Truck Leasing DP 909370013 KATIE LECOMTE A Development Plan application to construct a 13,248 square foot industrial building for Penske Truck Leasing located at 42006 Remington Avenue (APN: 909-370-0013). Please note: This application is associated with Conditional Use Permit application PA08-0190. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/28/2008 TBD arN tt • PA08-0190 Penske Truck Leasing CUP 909370013 KATIE LECOMTE A Conditional Use Permit (with related Development Plan PA08-0189) to authorize truck leasing and rental, light tluty truck maintenance and truck washing bays, at the proposed 13,248 square foot Penske Truck Leasing facility located at 42006 Remington Avenue (APN: 909-370-013). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/28/2008 TBD 4 of4 .~ ,,. ~~ ~~ \ z ~. ,. ~. ~ ,. '~ `~ o ,~ ~ o ~~ ~ ~ ~~`~ ~~ ~ ~ ~-~ ,~~-~~ o. ~o ~' -~ \ ,,~\ '' ~ .,. ~~ PA08-0190 ~ ~~PA08-0189 ~~ O ~~y~ 0 ~~ 0 /~ \\~` J ~,~ Legend Planning Status -August 2008 0 1. Recently Approved 0 2. Scheduled for Hearing • 3. New Submittals Pending DRC Meeting •~~ of TCry~ECG< G 9a yT~ ~jy ~~ ~~~ 1989 y~ or~~s.~eaaw -0309 i 1 ~\ ~~ ITEM NC}. 23 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: September 23, 2008 SUBJECT: City Council Travel/Conference Report -August 2008 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On August 6 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments' Joint Workshop of the Regional Council and Policy Committees to Discuss the Regional Comprehensive Plan. His expenses will be reimbursed by SCAG. On August 11 Council Member Ron Roberts traveled to Irving, Texas to attend a Transportation Summit in connection with his duties as a Riverside County Transportation Commissioner. His expenses will be reimbursed by the Riverside County Transportation Commission. Attachments: Meeting Agendas SOUTHERN CALIFORNIA THE COMMUNITY, ECONOMIC AND ~ HUMAN DEVELOPMENT COMMITTEE INVITES YOU TO PARTICIPATE nssocinrioN of IN A JOINT WORKSHOP GOVERNMENTS. OF THE Main Office 818 West Seventh Street ,zthFi°pr REGIONAL COUNCIL Los Angeles, California 90017-3435 D_ (?C• tfI13j 23648°0. ~ POLICY COMMITTEES t17,3)13n-iB15 wwwscagca.gov TO DISCUSS Officers - THE President Richard Dixon, Lake.FOres[ First ViceAesidenr Marry Baldwin, San Gabriel "REGIONAL COMPREHENSIVE PLAN" Second YCe Preskent lon Edney, El Centro Immediate Past President Wryt?idn. snn Bernardi^°~°nty ' THURSDAY, AUGUST7 2008 Police Committee Chain , Administrit;on Richard Oixon, Lake Forest 12:45 p.m. - 2:00 p.m. Crxnmunity, Economkand Human Devebpment larryMcCaib"'Hghiand SCAG OFFICES Energy and Environrtrent Debbie COOk, HUnttrgton Beach rrons~rta.ion-and communicaelonz 5'an ~eCnaCdlnO ~COnfeCenCe ROOM Ac4iG-B Mike Ten,South Pasadena ~ - The meeting schedule for August 7, 2008 is as follows: Executive/Admin Committee (EAC) 9:00 a.m. - 10:00 a.m. TCC, CEHD & EEC 10:00 a.m. =12:00 noon . Regional Council 12:00 noon -12:45 p.m. Joint Meeting 12:45 p.m. - 2:00 p.m. The Regional Council is comprised of 83 elected officials representing lG7 cities. six counties, five County Transportation Commissions, and a Ttihal Government representative within Southern California. a.ogos SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office NO.500 MEETING OF THE 818 West Seventh Street ,2ihfl°or Thursday, August 7, 2008 Los Angeles, California 900173435 12:00 noon - 12:45 p.m. `x'3'2'6-,600 RCP Workshop f x13) 236-1825 12:45 p.m. - 2:00 p.m. wwwscag.ca.gov SCAG Offices ~,de~; 818 West 7t" Street, 12th Floor Richard Dizon, Lake Forest San Bernardino Conference Rm A & B First Uce President Harty Baldwin, San Gabriel Los Angeles, CA 90017 - 6econdVicefhesident _ (213) 236-1800 Jon Edney, EI Centro Immediate Past President Gary Ovitt, San Bernardino County _ P'olicyCommitteeChain If members of the public wish to review the attachments Administration or have any questions on any of the agenda items, Ricnard Oixon, Lake Forest please contact Shelia Stewart at 213.236.1868 or Community, Economk and SteWart~SCaCLCa.C10V Human Development lorry McCallon, Highland Energyand Envhonment - .Agendas and Minutes for the Regional Council are also Debbie Cook Hundngton Beach available at: Tranaponation and communications www.scaa.ca.ctov/committees/rc.htm Mike Ten, SOUth Pasadena SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG tD make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213)236-1868. The Regional Council is comprised of 83 elected officials representing 167citieS six counties, five CounryTmhsportationCommissions, and a tribal Government representative within Southern California. ab.o9.ae REGIONAL COUNCIL AGENDA AUGUST 7, 2008 .The Regional Council may consider and act upon any of the items listed on the agenda regardless if they are listed as information or action items. 1.0 CALL TO ORDER & P);EDGE OF ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items oot on the agenda, but within the purview of the Council, must fill outand present a speaker's card to the Assistant prior to speaking. The Regional Council may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 CONSENT CALENDAR 3.1 Approval Items 3.1.1 Minutes of June 5.2008 Mee6ne Attachment 3.1.2 Contracts Over $250.000 Attachment 3.1.3 High Sneed Rail Preparation of Studies Attachment MOU 3.2 Receive & File 3.2.1 Amendments. Contracts/Purchase Attachment Orders between $5,000 - $250,000 3.2.2 CFO Monthly Financial Report Attachment 3.2.3 Cost Reductions achieved to prinf the Attachment "Benefits of Membershio" Brochure" 4.0 PRESIDENT'S REPORT 4.1 Announcement of EEC Chair & Vice Chair 4.2 Overview & Recan of 2008 Regional Council Retreat 4.3 Committee Appointments SOUTHERN CALIFORNIA ASSOCIATION OfGOYERNMENTS i PG# 1 8 17 25 40 43 REGIONAL COUNCIL AGENDA AUGUST 7, 2008 5.0 COMMITTEE REPORTS/ACTION ITEMS 5.1 Executive/Administration. Committee Report 5.1.1 Amendments greater than $75,000(aegregate value) Recommended Action: Approve 5.1.2 Adoption of Regional Council Policies PG# Attachment 44 Attachment 47 The Committee will be asked to adopt an interim policy establishing anExecutive/Admin Committee to include a representative from the Tribal Government, as well~as adopt a revised policy regazding elected official attendance at policy committees and subcommittees. Recommended Action: Approve 5.1.3 Request for Funding to Retain Assistance to Investigate RHNA Reform Recommended Action: Authorize $50,000 from General Fund Budget reserves. 5.1.4 Dues Pavment - CALCOG, NARC and Mobility 21 (Wayne Moore, CFO) Recommended Action: Approve 5.1.5 Sponsorship Re uq ests Committee will discuss sponsorships recently received. Recommended Action: Approve Committee's recommendation. SOUTHERN CALIFORNIA ASSOCIATION ofGOYERNMENTS ii Attachment Attachment Attachment 51 53 55 REGIONAL COUNCIL AGENDA AUGUST 7, 2008 5.2 Transportation Committee (TC1 PG# 5.2.1 Draft 2008 RTIP - 30-day Public Comment period Attachment 67 Staff will. provide a brief report on the comments received during the 30-day public comment period. Recommended Action: Receive & File 5.3 Community. Economic & Human Development ICEHDI Resort 5.4 Enerav & Environment Committee Report (EECI Report 5.5 Communication and Membership Subcommittee Report 6.0 LEGISLATIVE REPORT 6.1 Update on: SB 375: SB 974 & SB 303 6.2 Summary of Key Legislative Activities Attachment 80 7.0 EXECUTIVE DIRECTOR'S REPORT (Hawn Ikhrata) 8.0 CLOSED SESSION A closed session will be held only if necessary to report significant developments or to take required action 8.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.81 Property: 818 W. 7`h St., L.A., Calif. 90071 Agency negotiators: Wayne Moore, Joe Burton Negotiating parties: Downtown Properties, LLC, a California limited liability company Under negotiation: Lease extension, rental rate, refurbishment allowance 8.2 Conference with Leeal Council - Existine Litisation (Subdivision La) of Section §54596.9 NRDC v. EPA SOUTHERN CALIFORNIA ASSOCIATtONOfGOYERNMENTS Ill REGIONAL COUNCIL AGENDA. AUGUST 7, 2008 PG# 8.0 FUTURE AGENDA ITEMS Committee members desiring to place item on a future agenda may make such a request. 9.0 ADJOURNMENT The next meeting of the Regional Council will be held on September 4, 2008 at SCAG Offices in downtown Los Angeles. SOUTHERN CALIFORNIA ASSOtIATiONofGOVERNMENTS iv SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 [(213)236-1800 f (213) 2361825 wwwscagca.gov Officers President Richard Dixon, Lake Forest First Yice President Harry Baldwin, San Gabriel Second Vice Resident Jon Edney, EI Centro Immediate Past President Gary Ovitt, San Bernardino County Policy Committee Chairs Administration Richard Dixon, Lake Forest Community, Economic and Human Development W rry McCailon, Highland Energy and Environment Debbie Cook, Huntington Beach Transportation and Communkadons MikeTen, South Pasadena MEETING OF THE Thursday, August 7, 2008 9:00 a.m. - 10:00 a.m. RCP Workshop 12:45 p.m. - 2:00 p.m. SCAG Offices 818 West 7t" Street, 12t" Floor San Bernardino Conference Rm A & B Los Angeles, CA 90017 213.236.1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Carmen Summers at 213.236.1984 or summers @ scaq.ca.aov Agendas and Minutes for the Executive/Administration Committee are also available at: www. scag. ca. aov/committees/ac. htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is comprised of 63 elected officials representing 167 cities, six counties, f ve County TransportationComrmssions, and a Tribal Government representative within Southern California. 1001 05.09.08 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA AUGUST 7, ZOOS TIME PG# The Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE {Hon. Richard Dixon, Chair) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Executive/ Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 .CONSENT CALENDAR 3.1 AanrovalItems 3.1.1 Minutes of June 5.2008 Meetine Attachment 1 3.1.2 Contracts Over $250,000 Attachment 6 3.1.3 High Speed Prenaration of Studies Memorandum Attachment 15 of Understandine 3.2 Receive & File - 3.2.1 Amendments. Contracts/Purchase Attachment 23 Orders Between $5,000 - $250,000 3.2.2 Cost Reductions achieved to print the Attachment 38 "Benefits of Membership" Brochure EAC - AUG 2008 - Doc#147078 Salcido-07/24/08/9:17a.m. SOUTHERN CALIFORNIA ASSOCIATIONOf60VERNMENTS 1 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA AUGUST 7, 2008 4.0 REPORT/ACTION ITEMS T/ME PG# 39 42 4.1 Amendments greater than $75 000 (aggregate valuel Attachment 10 min Recommended Action: Approve 4.2 Adoption of Regional Council Policies Attachment 10 min (Richard Dixon, President) The Committee will be asked to adopt an interim policy of the Regional Council establishing anExecutive/ Administration Committee to include a representative from the Tribal Government. In addition, adopt a revised policy regazding elected official attendance at policy committees and subcommittees. Recommended Action: Approve 4.3 Request for Funding to Retain Assistance to Attachment 10 min Invesdeate RHNA Reform (Ma Ayn Johnson, SLAG Sta, f,~ Recommended Action:. Authorize$50,000 from the SCAG General Fund Budget reserves. 4.4 Dues Payment - CALCOG. NARC and Mobility 21 Attachmenf 5 min (GT'ayne Moore, CFO) Recommended Action: Approve 4.5 Sponsorship Requests Attachment 10 min (Hon. Glen Becerra, Chair, Comm. & Membership) Present and discuss proposed sponsorships. Recommended Action: Approve Committee's recommendation. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ii 46 48 50 EAC - AUG 2~ Doc#14; Salcido-07/24/08/9:17a:m:- EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA AUGUST 7, 2008 TIME PG# 5.0 LEGISLATIVE UPDATE 5.1 Update on: SB 375: SB 974 & SB 303 5.2 Summary of Kev Legislative Activities Attachment 62 6.0 INFORMATION ITEM 6.1 CFO Monthlv Financial Report Attachment 64 7.0 8.0 EXECUTIVE DIRECTOR'S REPORT CLOSED SESSION ITEM(Sl A closed session will be held only if necessary to report significant developments or to take required actions. 8.1 Conference with Legal Counsel -Existing Liti ation (Subdivision (al of Section &54596.91: 3 cases City of La Mirada and Palmdale v. SCAG -Court of Appeal. 2D Appellate District No. B206528 City of Irvine v. SCAG Court of Appeal 4D Appellate District No. G040513 Natural Resources Defense Council. et al v. EPA -United States Court of Appeals for the Ninth Circuit No 08-72288 8.2 Public Emplovee Performance Evaluation (Government 554957)Title: Executive Director SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS iii EAC - AUG 2006 Doc#147078 Salcido-07/24/08/9:17a.m. EXECUTIVE/.ADMINISTRATION COMMITTEE AGENDA Au~usT 7, 2008 CLOSED SESSION ITEM(Sl - Con't 8.3 Property: 818 W. 7`" St., L.A., Calif. 90071 Agency negotiators: Wayne Moore, Joe Burton Negotiating parties: Downtown Properties, LLC, a California limited liability company Under negotiation: Lease extension, rental rate, refurbishment allowance 9.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request. 10.0 ANNOUNCEMENTS 11.0 ADJOURNMENT TIME PG# The next meeting of the Executive/Administration Committee will be held on Thursday, September 4, 2008 at the SCAG offices in downtown Los Angeles. - - - EAC-AUG" ' DocN14 ~' Salcido-07/24/OS/9:17a.m. SOUTHERN CALIFORNIA ASSOCIATION of60VERNMENTS iV ~'-'~SrOUTH ERN.CALIFORN IA '~ 1 ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Fioor Los Angeles, California 90017-3435 [(273)236-1800 f (2[31236[825 wwsv.scag.ca.gov Officers President Richard Dlzon, Lake Forest first Vice President Hany Baldwin, San Gabdel Second w<e Resident Jon Eilney, EI Centro Immediate Past President Gary OvitG San Bernardino Counry Policy Committee Chairs Administration Richard Di%on, Lake Forest Community, Economk and Human Development Larry Mdallon,Highland - Energy and Environment Debbie Cook, Huntington Beach Transportation and Communications -MikeTen,Bouth Pasadena Thursday, August 7, 2008 10:00 a.m. - 12:00 noon RCP Workshop 12:45 p.m. - 2:00 p.m. SCAG Offices 818 West 7t" Street, 127h Floor San Bernardino Conference Rm A & B (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Mariana Pulido at 213.236.1881 or PulidoC~scag.ca.gov Agendas and minutes for the Transportation Committee are also available at: www:scag.ca.aov/committees/tcc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to panicipate in this meeting. If you require such assistance, please contact SCAG at (273) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is comprised of 83 elected officials representing 167 titles, six counties, Bve County Transportation Commissions, and aTribal Government representatlve within Southern California xom osnaoa MEETING OF THE 6 TRANSPORTATION COMMITTEE AGENDA AUGUST 7, 2008 TIME The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. _%:. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Flop. Mike Ten, Chair) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation and Communications Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORTIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 AuurovalItems 4.1.1 Minutes of June 5, 2008 Meeting 4.1.2 Hieh Sneed Rail - Prepazation of Studies Memorandum of Understandine (MOU) 5.0 INFORMATION ITEMS 5.1 Imperial Vallev Association of Government f IVAGI Lone Ranee Transportation Plan (LRTPI Highway Element (Bob Ham, Executive Director, NAG) IVAG staff will present its LRTP Highway Element. The LRTP update contains a prioritized list of highway facilities and roadway improvement projects through 2025 and beyond: SOUTHERN CALIFORNIA ASSOCIATION of 60VE RN M E NTS 1 Attachment Attachment Attachment 15 min TC - AUG 2008 DaX147062 Selcido-07/23f08/9:O8am. PG# 1 8 16 TRANSPORTATION COMMITTEE AGENDA AUGUST 7, 2008 ....~.........~ ....:...............a....,,.................a............~_......................e.., TIME PG# 5.2 Potential Amendment to the 2008 RTP Attachment 10 min 17 and consistency amendment to the RTIP (Naresh Amarya, SCAG Sta, f,~ A brief report will be provided on a potential amendment to the 2008 RTP and RTIP, to incorporate the proposed HOT Lane demonstration projects in LA County and other changes to projects to be submitted by the CTCs. 5.3 Comments received durin>? the 30-day Public Attachment 5 min 18 Comment Period for the Draft 2008 Regional Transportation Improvement Pmeram (RTIPI (Pablo Gutierrez, SLAG Sta, f, j~ Staff will provide a brief report on the comments received during the 30-day Public Comment Period of the Draft 2008 RTP. 5.4 Mu16-County Goods Movement Action Plan Attachment 10 min 31 and SCAG Study Initiative (Annie Nam, SCAG Sta,~) Staff will provide an overview of the action plan and initiatives designed to identify cost-effective, environmentally feasible regional projects. 5.5 AB 32 Sconine Plan Attachment 5 min 36 (Jacob Lieb, SCAG Sta, f,~ Information will be provided on the Draft Scoping Plan for AB32 released by CARB on June 26, 2008. 6.0 AVIATION TASK FORCE REPORT (Hon. Paul Glaab, Chair) _ TC-AUG2008- DocM147062 ' Salcido-07/23/08/9:OSam. SOUTHERN CALIFORNIA ASSOCIATION Of60VERNMENTS I1 TRANSPORTATION COMMITTEE AGENDA ';; AUGUST 7, 2008 ..a .........................e....z.z.................e....e.ea=~.,......,......e..,.........~.....a. TIME PG# 7.0 MAGLEV TASK FORCE REPORT (Hon. Lou Bone, Chair) 8.0 CHAIR'S REPORT 9.0 STAFF REPORT (Naresh Amatya, SCAG) 10.0 FUTURE AGENDA ITEMS 11.0 ANNOUNCEMENTS 12.0 ADJOURNMENT The next meeting of the Transportation Committee will be held on September 4, 2008 at the SCAG office in downtown Los Angeles. TC'- AUG 2008 Doc#147062 Salcido-07/23/08/9:08am. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS hi l ~ ^ oL, ~~ ~ gggggg ~~ ~ W ~ a a f E °o W p N .~ E d s E taa~; ~- '~~,2o°'i$~ E p c mac , v ` `~ v S° a ~ m o . ~ ,3 m •Y ' c5y IL TL ~ ma n L ~ a g N@ g M Y y y~ p H ~ ~'C H f t ~ b ~ y _ ~ udi q O~ g a q~ $ 3 ~ m tL 0 m m G E a .r, nm~~°- ~'~ c ° ~ ~n . . . 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Hughes, Director of Public Works DATE: September 23, 2008 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of August, 2008. MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: ay/~Brad Buron, Maintenance Superintendent DATE: September 8, 2008 SUBJECT: Monthly Activity Report -August, 2008 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of August, 2008: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAII2S A. Total squaze feet of A. C. repairs B. Total Tons TV. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 515 New and repainted legends B. 50 L.F. of new and repainted red curb and striping 91 5 75 36 4,428 72 254 0 36 10,874 ' R:VvINNTAINVv(OACTRPT Also, City Maintenance staff responded to 58 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 34 service order requests for the month of uJ Iy 2008. The Maintenance Crew has also put in 92 hours of overtime which includes standby fime, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of August, 2008 was $35,671.00 compared to $ - 0 - for the month of ,Tuly, 2008. Account No. 5402 $ 35,671.00 Account No. 5401 $ -0- Account. No. 999-5402 $ -0- cc: Greg Butler, Deputy Director / CIP 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:UTAINTAIMMOACTRPr o n o 0 0 0 0 X 0 0 O W O O O F N N Q ~ O ~ O p ~ CM O N th ~' ~ N Z ~ W O ~ m ° y _~ m W % Q r ! l ~ J ~ O m m op ~ N o ooo noo 0 ~ ` J O O O N ~ O O ~ ~ O M M v W ~ ~ ~. J m ~ m Q a d a 2 ~ ~. ~ m n n y m ~ ~' r o tia O~ 1~ M O N O N ~ p n r M m tp _ N V ~- N O r ~ r s- ~ O N 1~ M O N O N N c R r ~ N m O r N r y 0 m W d' W OJT F a Sao w U O N M m U~ O~ 0 0 0 0 p O O O O O ' W N~ M O N~~ r ~ = Y a~N l/1 O N N O O O 0 ~ O p N'r N W ~ A O~ O ~ W ~ C7 ~ O . FW Y Q' ~ J ~ } W Z ~ !: a U O O O O O O O N O O n O O O n M r O r W d' 1~ r H Z y O O O O O M W< M ~ N N 0] ~ Q ~- W J.: °~ ~°~ oo °~ d. m d z. p ~: ~ o ~ co r ~ r i y r LL ~ y c y. ~~ N V, ~ Z LL y ~ N U W ~ i a ~~ y LL O. N LL N d ~ f6 O C9 Z f6 J J a ~ ~ LL Z t6 O~ m c y ~ y ~ v ~ y -} y a U a Q ~ m y ~:Z jaLN HN~~ F ~ON ~ W H N~c~~~f6U~ ~ N . O y m O ~ m~~ v m o . _.V. d a~ U N m ~ J (,) m~ U a~ U I-W' tl1 U Q 3 O N d'cm ~ ~ ~ U J ~ J 2 J ~ J ~ j~ 2 V ~ Q J p_C C yo~0 aCH O'~m0 W d' NNH ~~O ~ H O ~ CCwN mm~mOm~aZi m O QU~H U(Ayf F- HHH C H U in (~UH~ZQ(n U' F- W O I H J a W Q 0 Z H Z_ ~_ m ~ ry eD y C `ry ~ O E gy'm' :?2~o ~=m m F. Q'. N H Q Of0 W UQ} J: J J H.pU OWm r LL M N m m m V ~ O O O O G G NM m W M O m fC ~ fm0 NM O O fV N 0 m in O r O m O N ~Om O s M~ MM O m Or G N O m Mr N r MM m M M01 a t0 m O a W Mr M m m fG O MN N m tG m m tc0 M M"~~ ~ t- ~ r o0 0 0 0'0 om Mo n o 0 ~ m T (p y Q m O O N O O m O m N O a O A O- W ~ OIn N fD Or C(D GO m O N a ~v F m n is m nm mM o m ~~ b QD:Q N N m ~m Mfg N t M N i M H m? ~ OLL.y M M M n ^rna ~ ,a O o LL -, ra O W U ~ W m ywo 3~w O~ U...; O W m Q, r ua :m N' Y Y~o - v of '.o ~ ~ ~ J QOW Oa O ~ r ~ Q WZN ° c i U J~Z S ap ~ ~~ D 0 0 N O O M h N ~' > Z Q-' O N C l G V O O r ' ~ O V O ~ LL F~~ Q O LL- O O M M ~t r f n O m V G V b m 1~ G in M tC 1~ G M M m O Q ~ J' r M M M M W ~. R N M ~ ~(j W J U W Q m n O O ~ n O Q O O I L W N r r N M M ~ W ~ y Wp. N q" ~ ^ J } O a; J ~ O U 61 C 0I 'N6 t6 0 R p d ~ N N c O ~ ~ K O} m J r RJ '- O ap m W Q LL U C L LL t d W i a W ~ ^ U Y 3 ~ ~ 0 ~ W Z ft1 W N N W ~ O N W ^ f/J 1- ~. ~ H f9 U ~ W ~ Z ~ O f7 W J w ~ O O W . ~ W 4S LL 2 Z ~ ~ J FW- s ~ U ~ w Z V W a W w ~ a . N U U Z Q ~ Q V WC' ^ K ^ Q y J d O. F W f ~ ~ W J Q Z y ~ ? F U N W 2 3 a rn rn Q p ^ ~ = c7 C7 ~ ~ _ ~ LL O ( Q M tp Z (n y' U' O Z y Q ~ M n fV r ~ V N ~ ~ } J_ ~ F- fV ~" K n O ~ ~ 'z a K STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of August, 2008 DATE DESCRIPTION' TOTAL COST> ACCOUNT 'STREET/CHANNELBRIDGE OF WORK SIZE` iCONTRACTOR " '- RENE'S COMMERCIAUMANAGElVIENT , , ~.,v„ Date: 08/08 CITYWIDE WEED ABATEMENT, TRASH & DEBRIS PICK-UP ALONG CITY R.O.W'S # 5402 TOTAL COST $11,906.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST A ~ '~.~ t ..'~' > ~ "~~ ~ ~ ~' ~ " ~ ';CONTRACTOR ` t ^~ ~ ~ ~ ~ ~ ~ . ~ ~... t .,.x~x~. , t, .. „x,.,. ~,> Date: TOTAL COST Date: TOTAL COST ` - ~ ~ ~ e ~ ~ ~CONTR ACTOR z ~ : ° , :~y ~ m ., ~ ~ ; Date: TOTAL COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 -0- TOTAL COST ACCOUNT #5402 $11,906.00 TOTAL COST ACCOUNT #99-5402 -0- R:~MNN'CAINNIOACCRPI' CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF AUGUST, 2008 ~~~ 08/04/08 ~,ae~~rar~ h r ~ R YNEZ AT MOTOR CAR PARKWAY /CITYWIDE s©~~ a~ x~t~~z ~' ` AC OVERLAYS/POTHOLES ~.~ 339 mQ~~ 1TlT ..v ._. ......._._.r.. q 08/05/08 MARGARITA AT PIO PICO R & R A.C. 355 7 08/07/08 MARGARITA AT SANTIAGO R & R A.C. 175 5 08/11/08 CITYWIDE POTHOLE REPAIRS 56 2 08/12/08 RANCHO VISTA AT MARGARITA R & R A.C. 250 9 08/13/08 MARGARITA S/O RANCHO VISTA R & R A.C. 250 9 08/14/08 CITYWIDE POTHOLE REPAIRS 156 2 08/18/08 MARGARITA S/O JEDEDIAH SMITH R & R A.C. 185 6 08/19/08 MARGARITA N/O PIO PICO R & R A.C. 185 6.5 08/20/08 MARGARITA N/O RANCHO VISTA R & R A.C. 300 8.5 08/21/08 CITYWIDE POTHOLE REPAIR 61 1.5 08/22/08 LA SERENA POTHOLE 2 TEMP AC 08/25/08 COLINA VERDE AT LA PRIMAVERA AC O/L 538 4 08/26/08 PECHANGA PARKWAY POTHOLE REPAIR 91 3 08/26/08 30380 COLINA VERDE AC O/L 252 ~ 08/26/08 DE PORTOLA POTHOLE REPAIR 2 j 08/26/08 30890 JEDEDIAH SMITH AC O/L 221 ~ 08/22/08 30175 CABRILLO AC 0/L 177 2.5 08/22/08 JEDEDIAH SMITH AT PESCADO AC O/L 622 ~ 08/28/08 AREA #2 AC O/L 211 2 TOTAL S.F. OF REPAIRS 4.428 TOTAL TONS 72 R:~MARVTAIN~'RCMPLTDV SPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF AUGUST, 2008 ~ Dt~TE~ i.. whld vw F 08/04/08 {' 7 E b ~'.f.fi ~~~ T.O~TI01~'"~ ~~ ~ }~~` ~4 .N ~s'v`?«~...~$ .~y J.~.t?~> ./~YLI Y.G.i.kVu`f bo. ~ ~ ~°~.£~~ CITYWIDE 6 hi. eat-` S ~ l 'R` , ~ J~{ Ky~ Q ~+ '~ ©~gY}9YG.~~`nv CLEANED & CHECKED .,t.' l i^ .ii ~k.v,. M rv 4 , Y'ie fr~A N~~4~'~z.a~ ;.w'.~'.. ..~. 'a' 29 CATCH BASINS 08/06/08 AREA #5 CLEANED & CHECKED 23 CATCH BASINS 08/07/08 AREA #5 CLEANED & CHECKED 14 CATCH BASINS 08/11/08 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS 08/12/08 AREA #5 CLEANED & CHECKED 15 CATCH BASINS 08/13/08 AREA #5 CLEANED & CHECKED 25 CATCH BASINS 08/14/08 AREA #5 CLEANED & CHECKED 9 CATCH BASINS 08/18/08 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS 08/19/08 AREA #5 CLEANED & CHECKED 4 CATCH BASINS 08/20/08 AREA #5 CLEANED & CHECKED 19 CATCH BASINS 08/21/08 AREA #5 CLEANED & CHECKED 21 CATCH BASINS 08/25/08 CITYWIDE CLEANED & CHECKED 10 CATCH BASINS 08/26/08 CITYWIDE CLEANED & CHECKED 11 CATCH BASINS 08/26/08 AREA #5 CLEANED & CHECKED 10 CATCH BASINS 08/27/08 AREA #5 CLEANED & CHECKED 15 CATCH BASINS 08/28/08 AREA #1 CLEANED & CHECKED 16 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 254 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF AUGUST, 2008 DATE v x ~ ~ LOCATION t ` r ~ r ~ 't~ ORK CON~PI<ETED 08/01/08 SOLANA AT RYECREST REMOVED 36 S.F. OF GRAFFITI 08/04/08 CALLE TAJO REMOVED 66 S.F. OF GRAFFITI 08/04/08 VIA EL GRECO REMOVED 60 S. F. OF GRAFFITI 08/04/08 HAWK COURT REMOVED 376 S.F. OF GRAFFITI 08/04/08 SANTA GERTRUDIS CREEK REMOVED 377 S. F. OF GRAFFITI 08/05/08 PECHANGA PARKWAY AT LOMA LINDA REMOVED 337 S. F. OF GRAFFITI 08/05/08 SANTA GERTRUDIS CREEK AT I-15 FREEWAY REMOVED 108 S.F. OF GRAFFITI 08/07/08 RANCHO CALIFORNIA ROAD AT VINTAGE HILLS CHANNEL REMOVED 928 S. F. OF GRAFFITI 08/07/08 NIGHTHAWK PASS REMOVED 18 S.F. OF GRAFFITI 08/08/08 VIA CUESTA DEL SOL REMOVED 28 S. F. OF GRAFFITI 08/08/08 FOX AND VERMONT .REMOVED 12 S. F. OF GRAFFITI 08/11/08 WINCHESTER BRIDGE REMOVED 49 S.F. OF GRAFFITI 08/11/08 VINTAGE HILLS AT RANCHO CALIFORNIA ROAD REMOVED 235 S. F. OF GRAFFITI 08/11/08 EDISON PLANT REMOVED 120 S. F. OF GRAFFITI 08/11/08 TARGET CENTER REMOVED 136 S.F. OF GRAFFITI 08/12/08 VIA SALTIO REMOVED 26 S.F. OF GRAFFITI 08/14/08 RANCHO CALIFORNIA ROAD AT VINTAGE HILLS REMOVED 300 S.F. OF GRAFFITI 08/14/08 PEACH TREE AT VINE REMOVED 280 S.F. OF GRAFFITI 08/14/08 PEACH TREE AT DEER HOLLOW REMOVED 33 S. F. OF GRAFFITI 08/15/08 ANZA AT SHARON REMOVED 136 S.F. OF GRAFFITI 08/18/08 REDHAWK AREA REMOVED 90 S. F. OF GRAFFITI 08/19/08 TARGET SHOPPING AREA REMOVED 326 S.F. OF GRAFFITI 08/19/08 SANTA GERTRUDIS CREEK REMOVED 239 S.F. OF GRAFFITI 08/20/08 REDWOOD AT FICUS REMOVED 15 S. F. OF GRAFFITI 08/22/08 MARGARITA AT HARVESTON REMOVED 1 S.F. OF GRAFFITI 08/22/08 BADGER AT SEAGULL REMOVED 3 S.F. OF GRAFFITI 08/22/08 WALLABY AT WOLF CREEK REMOVED 2 S. F. OF GRAFFITI R:U1AINPAIN\WKCMPLTD\GRAFflTp ~K'~ W i `DATE..' ~S-,~t „~ mr '~ ~ 4 "~'.~:' k `~3'~ aP 7r ! '~ ; ~a a~*„kit n~, s y'~,.L~OC.4TION' ~,.'s ~~~t ~~ r`,. . X9 Y ~~`1;9.{s+* sY:h, a ~~~~gv~., k 'in ORKCOMP T'EDr ~~ r 08/25/08 CITYWIDE REMOVED 391 S. F. OF GRAFFITI 08/25/08 NO. GENERAL KEARNY AT SANTA GERTRUDIS BRIDGE REMOVED 325 S.F. OF GRAFFITI 08/25/08 AREAS # 1 & #2 REMOVED 896 S.F. OF GRAFFITI 08/26/08 MAIN AT 6T" REMOVED 1 S.F. OF GRAFFITI 08/27/08 VIAPUEBLA REMOVED 8 S. F. OF GRAFFITI 08/27/08 VAIL RANCH PARKWAY AT CAMINITO REMOVED 1 S. F. OF GRAFFITI 08/27/08 BUTTERFIELD STAGE RD. AND REDHAWK PKWAY BRIDGES REMOVED 4,855 S. F. OF GRAFFITI 08/28/08 VIA BALDERAMA AT CAMINO CABANA REMOVED 2 S.F. OF GRAFFITI 08/29/08 MARGARITA ROAD /RANCHO CALIFORNIA ROAD REMOVED 48 S.F. OF GRAFFITI TOTAL S. F. GRAFFITI REMOVED 10.874 TOTAL LOCATIONS 36 R:NIAINTAiN\WKCMPL7D\GRAFPffp U W O O Z t- U O F a w M (7 7 Q `/ W w w O C-' V1 N~N F~ O M~M r-~I 1~ a w 0 N W I~ N~ 1'~~ a A W~.~/ lil h w w ~r` Mme/ W O N a a E Y p a p p ? ,~,~,, h J W a a m *N I 00' h M `h ~ N yOi ct ) O m ~ F D Q ao `~ w ~ ~ u „ . as ~ 00000000000000000000000000 r~~n l~Mr W ~t~M~ ~~lMC9C~9 ~~nlML1 M~0~1n l~f)M~ tpcl'[F d'etd'M MMMM NNNN Nrrrrr CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF AUGUST, 2008 DATE 08/20/08 : a. ~ rr ~ , `h4~,"OCATI®N, ~< > ~~~~ ; ,' CITYWIDE FOR SIGHT •~~~~ % W~® ..,, ,~ ,,,;fi~w~ TRIMMED R1~C®MPLE~ED .. r.;~~ .>.., n_. . 18 R.O.W. TREES 08/22/08 LA SERENA AT CALLE MEDUSA TRIMMED t R.O.W. TREES 08/22/08 LA SERENA AT MEADOWS PARKWAY TRIMMED 1 R.O.W. TREES 08/25/08 42825 NORTH STAR TRIMMED 1 R.O.W. TREES 08/26/08 AREAS # 3 & #4 TRIMMED 3 R.O.W. TREES 08/27/08 AREAS # 2 & #5 TRIMMED 12 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 36 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF AUGUST, 2008 DATE RECD °~ uti~ ~„ LOCATION c ~ ~ "i~F ~ { REQFJEST ~ <.,DA TE WORK COMPLETED 08/01/08 MORAGA DEBRIS PICK-UP 08/01/08 08/01/08 31257 HIAWATHA COURT TREE TRIMMING 08/01/08 08/04/08 DEL REY ROAD TREE BRANCH DOWN 08/04/08 08/04/08 DEL REY ROAD DEBRIS PICK-UP 08/04/08 08/04/08 RANCHO CALIFORNIA ROAD AT YNEZ TREE TRIMMING 08/04/08 08/04/08 PAUBA ROAD POTHOLE 08/04/08 08/04/08 39526 APRIL DRIVE CATCH BASIN CLOGGED 08/04/08 08/04/08 45729 ELM PLACE MANHOLE LID "NOISE" 08/04/08 08/04/08 43711 ALCOBA DRIVE POTHOLE 08/04/08 08/04/08 HUMBER DRIVE DEBRIS PICK-UP 08/04/08 08/04/08 31600 CHAMPIONS CIRCLE TREE PLANTING 08/04/08 08/05/08 JEFFERSON AT MONTEZUMA GLASS IN ROAD 08/05/08 08/05/08 PAUBA AT MEADOWS DEBRIS PICK-UP 08/05/08 08/06/08 TEMECULA PARKWAY POTHOLE 08/06/08 08/06/08 MARGARITA AT W INCO PCC REPAIR 08/06/08 08/07/08 YNEZ AT YNEZ COURT DEBRIS PICK-UP 08/07/08 08/07/08 RANCHO CALIFORNIA ROAD AT RIDGE PARK DEBRIS PICK-UP 08/07/08 08/07/08 LIEFER ROAD ROAD GRADING 08/07/08 08/08/08 41087 VINTAGE CIRCLE TREE TRIMMING 08/08/08 08/08/08 43488 DODARO DRIVE GLASS IN STREET 08/08/08 08/08/08 MARGARITA DEBRIS PICK-UP 08/08/08 08/11/08 41087 VINTAGE CIRCLE TREE REMOVAL 08/1/08 08/11/08 41087 VINTAGE CIRCLE TREE BRANCH DOWN 08/1.1/08 08/12/08 HUMBER DRIVE TREE TRIMMING 08/12/08 08/12/08 44730 CUPA LANE TREE TRIMMING 08/12/08 08/13/08 CAMINO RUBANO TREE REMOVAL 08/13/08 08/13/08 31052 COUTE ALAMARA STORM DRAIN CLEANING 08/11/08 DATE RECrD ,i• i,;• '~`• ~ r , LO.CATI(~N ~ ., Y ~ -t r' s ~ ~ ~ ^rv ~ ~.'~ 's,:, . REQ~JES~... DATE WORK GOMP~ETED 08/14/08 30584 BAY HILL ROOT PRUNING 08/14/08 08/14/08 YNEZ ROAD RESTRIPING 08/14/08 08/15/08 DE PORTOLA AT MARGARITA DEBRIS PICK-UP 08/15/08 08/18/08 MOTOR CAR PARKWAY REPAINT RED CURB 08/18/08 08/18/08 YUKON BACKFILL HYDRANT 08/18/08 08/18/08 33033 TULLEY RANCH ROAD STORM DRAIN CLEANING 08/18/08 08/18/08 4117 CHARDONNAY HILLS SKATEBOARD IN DRAIN 08/18/08 08/19/08 C STREET AT SANTIAGO OIL SPILL 08/19/08 08/19/08 31928 CERCLE CHAMBERTIN TREE TRIMMING 08/19/08 08/19/08 32961 ADELANTE STREET POTHOLE 08/19/08 08/19/08 CRESTA VERDE DEBRIS PICK-UP 08/19/08 -08/21/08 30709 LINKS COURT OIL IN STREET 08/25/08 08/21/08 MORAGA AT RANCHO CALIFORNIA ROAD DEBRIS PICK-UP 08/21/08 08/21/08 JEFFERSON AT WINCHESTER VERIZON MANHOLE LID 08/25/08 08/22/08 BUTTERFIELD STAGE ROAD AT LA SERENA DEBRIS PICK-UP 08/22/08 08/25/08 MORAGA DEBRIS PICK-UP 08/25/08 08/25/08 42825 NORTH STAR COURT TREE LIMB 08/25/08 08/25/08 CORTE PERGAMINO AT CAMINO MAREA SNS 08/25/08 08/25/08 29031 CUMBERLAND DRIVE OIL SPOTS 08/26/08 08/25/08 LA SERENA AT CAMINO DEL ESTE DEBRIS 08/26/08 08/25/08 PUJOL AT SANTIAGO TREE 08/26/08 08/26/08 PEPPERCORN AT REDHAWK CONCRETE 08/26/08 08/26/08 RORIPAUGH HILLS SLURRY 08/27/08 08/26/08 CALLE RIO VISTA SLURRY 08/28/08 08/27/08 JEFFERSON AT WINCHESTER PAINT SPILL 08/27/08 08/27/08 CAMINO CABANA AT CAMINO NUNEZ POTHOLE 08/27/08 08/28/08 41640 CORTE BALBOA TREE 08/28/08 08/28/08 41640 COUTE BALBOA TREE 08/28/08 08/29/08 DEVANT CIRCLE ALGAE IN FLOWLINE 08/29/08 08/29/08 43479 CORTE RIALTO DEBRIS IN FLOWLINE 08/29/08 08/29/08 MOERAGA DEBRIS PICK-UP 08/29/08 TOTAL SERVICE ORDER REQUESTS 58 R:\MAINTAIN\WRKCOA~LID\SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF AUGUST, 2008 y„ ~ DATER 08/01/08 A ~^ ~ fl~ ,~. ~ p a' 'N"'v `y ~:~ ~ E~",LQG~~T1~~~~~~x~~~~ CITYWIDE ~i~ v;. '~ '~`'~" REPLACED +. &a^. h~.v'u "fZh b ~f° SC '~: ,: ~Q ~~OM~LETEb~ ~, x~r w 9 08/05/08 CITYWIDE REPLACED 5 ' REPAIRED 4 08/06/08 CITYWIDE REPLACED 4 REPAIRED 3 08/08/08 CITYWIDE REPLACED 6 REPAIRED 4 08/11/08 CITYWIDE REPLACED 5 REPAIRED 3 08/12/08 CITYWIDE REPLACED 4 REPAIRED 6 08/13/08 CITYWIDE REPLACED 3 REPAIRED 4 08/14/08 CITYWIDE. REPLACED 6 REPAIRED4 08/18/08 CITYWIDE REPLACED 1 REPAIRED 2 08/19/08 CITYWIDE REPLACED 7 REPAIRED 16 08/20/08 CITYWIDE REPLACED 2 REPAIRED 4 08/22/08 AREAS #3 & #4 REPLACED 6 REPAIRED 8 08/25/08 CORTE PERGAMINO AT CAMINO MAREA REPAIRED 2 08/25/08 28069 DIAZ ROAD REPAIRED 2 08/25/08 REDHAWKAND CALLESITO VALLARTA REPAIRED' 1 08/26/08 AREAS # 1 & #4 REPLACED 7 REPAIRED 5 08/26/08 AREAS #1 & #2 REPLACED 17 REPAIRED 1 08/27/08 AREAS #1 & #2 REPLACED 3 REPAIRED 6 08/28/08 AREA #2 REPLACED 2 08/28/08 AREA #5 REPLACED 4 TOTAL SIGNS REPLACED 91 TOTAL SIGNS INSTALLED 5 TOTAL SIGNS REPAIRED 75 R:\MAiMfAIM W KCMPLTD\$IGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS /STRIPING MONTH OF AUGUST, 2008 t`A«TE '~~ ~ ~~'= rv~ ~ °~Gr1~T~0~ ~'~ ~~ r~ 3~ ~ 5 p? ,Y~+$-s~~;b ,K i.u~ x4/-r. S 2Y. u' x ~~ spa ~'~ ` ~,~ : ~ -,~ ~'.~' .,~,=r ~;;~ FiD 'lRHisidk+`"3~Ya1'xs~'~d..U+t~.. ~~ 08/04/08 AREA #2 - REPAINTED 26 LEGENDS 08/05/08 AREAS #3 & #4 REPAINTED 30 LEGENDS 08/06/08 AREA #2 REPAINTED 42 LEGENDS 08/07/08 AREA #2 REPAINTED 18 LEGENDS 08/11/08 AREA#5 REPAINTED 31 LEGENDS 08/12/08 AREA #5 REPAINTED 33 LEGENDS 08/13/08 AREA#5 REPAINTED 64 LEGENDS 08/14/08 AREA#5 REPAINTED 28 LEGENDS 08/18/08 AREA #4 REPAINTED 19 LEGENDS 08/19/08 AREA #4 REPAINTED 33 LEGENDS 08/19/08 MIRA LOMA DRIVE INSTALLED 50' RED CURB 08/20/08 AREA #4 REPAINTED 37 LEGENDS 08/21/08 AREA#4 REPAINTED 44 LEGENDS 08/25/08 AREA #2 REPAINTED 54 LEGENDS 08/26/08 AREA#2 REPAINTED 56 LEGENDS TOTAL NEW & REPAINTED LEGENDS 515 NEW & REPAINTED RED CURB & STRIPING L.F. 50 RIMAINfALNWRKCOhR'LIDVSTRIPING GITY OF TEMEGULA PAGE 1 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS (Esu 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°la 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 a 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 and south sides of the Laura Bragg! 74% ° project, the contractor has completed the grading, the installation of the mainline Pwttt-27 1 Arner Attar { 10108} 50 /° irrigation, the mow curb, the DG, and the irrigation laterals. AC has been placed on the north side and will be placed on the south side by the end of September. Soil quality issues are being looked into and once the issues are resolved planting will Traffic Signal -Rancho California Road @ Under this project, a traffic signal will be installed on Rancho California Road at Business Business Park Drive, West 100% Park West. All work an this project is complete. The signal was turned on on Tuesday PW47-02 I Contractor: Ramilan Electric, $179,000 Amer Attar {x2/08) 85% 02/26/08. Project acceptance and the Notice of Completion will be presented to the City Council at the 09/23/08 meeting. Old Town 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 PW06-07 I Contractor: LH Engineering David 33% 4% contract L H Engineering Company, Inc for $3,458,495.00. Work is ongoing on storm {1 C & 1 E) Contract Amt: $3,458,495.00 McBride {12108) drains, sewer, water systems and the Town 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% 4% Street between 2nd and 6th streets. Herman Weissker was awarded the work at the {i B) Contract Amt: $129,077.99 McBride (8/08) 3/18/08, City Council Meeting. Work is currently underway along Main Street. Citywide Slurry Seal Project FY 2007-2008 Kendra This project will slurry seal streets mainly in the Paloma del Sol area. PWOB-D2 I Contractor: All American Asphalt Hannah- 90% 0% Construction is essentially complete. Minor punchlist items are being addressed. Contract Amount: $361,199.88 Meistrell { 09/08) Estimated completion is 09/15/08. Roller Hockey Rink The replacement of the dasher board system is complete and Temecula Valley Inline Dasher Board System Hockey Association had their opening day on Friday, 9/5/08. The rink surface was also PW07-12 YAKAR Construction Bill 140% o 100% refinished and Building and Safety has signed of on their permit. Once the Band and Original Contract Amount $178,350.00 McAteer Affidavit are received from the contractor (YAKAR}the project will be sent to Council for CCO#1 Amount $16,952.65 acceptance. W P5~91108 GITY OF TEMEGULA PAGE 2 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAiff) {~) 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 Steve Pechanga Road. Constructlon that will occur during the month of September Is as follows: PW99-11 I Limits [cv Pechanga Road. Beswiek( 20% 10°/° pavemenk, aggregate base, removals, and traffic signals. The final section of the Pechanga (Ph II} Contractor: All American Asphalt Amer Attar Tribe's Recycled Waterline project between Loma Linda Road and Rainbow Canyon Road Contract Amount: $8,131,964.98 started on July 14 and will be complete by December 1, 2008 Old Tawn Infrastructure Projects This project includes the site grading and retaining walls for both the Civic Center & the - Parking Structure & Office/Retail frontage David Parking Structure site as well as construction of a parking structure, including office PW06-07 I Contractor: PCL Construction McBride/ ° 0I° 0% frontage shell space. PCL was awarded the construction contract at the 8/26/08 CC mtg. (1D} Contract Amount: $15,797,010 Greg Butler { 12109) PreCon Mtg & Notice to Proceed is anticipated in late September. The Underground Fire Protection plan is pending RCWD approval. Ronald Reagan Sports Park Channel Silt This project includes restoring the Best Management Practices (BMP) of the Stormwater Removal & Desiltation Pond Pollution Prevention Plan (SW PPP), the Water Quality Management Plan (WQMP) and the Contractor: Sean Malek Engineering requirement of RWQCB by desilting the basin located near the Sports Park. 401 PW05-13 I Contract Amount: $315,510 William a°r a% Cerkification and Streambed Alteration Agreement have been acquired. Final negotiation Becerra with USF&WS and CDFG for mitigation requirements is pending. The Project was awarded on 08/26/08 and is on-hold pending confirmation of FEMA reimbursement funding. Old Town Civic Center This project will construct the Old Town Civic Center. Bids were opened on 09/03/08. City PW06-07 Contractor: Edge Development David 0°/° Council awarded the contract to Edge Development, Inc. in the amount of $31,555,500.00 Ph2 I Contract Amount: $31,555,500 McBride/Gre {6110) 0°f° at the 09/09/08 meeting. g Butler Re-Stripe Route 79 South to 8 lanes from Kendra This project will provide four lanes in each direction on Temecula Parkway (formerly State Pechanga Parkway to I-15 Route 79 South) from I-15 to Pechanga Parkway. The project is out to bid. Bid opening is PW07-48 I Contractor: Hannah- 0°~ 0°j° scheduled for 10/09/08. Contract Amount: Meistrell Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Contractor: Community Center to accommodate more human services programs. The project is out to PW06- III Contract Amount: Bill McAteer 0°I° 0% bid and bid opening is scheduled for September 30, 2008. The plans for the Escallier House 05CSD and barn are being revised to re route the accessible path of travel to the front of the buildings. PROJECTS BEING DESIGNED BY CONSULTANTS Pechanga Parkway Storm drain Improvements - This 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 1 Mayra De La 95% 95°/° this new mitigation area. Mylars are currently ready far signature. The contract bid Torre document has been completed and is being reviewed to incorporate all corrections. The appraisal for three easements is now complete; offers for purchase of the property were made. W P5~91108 GITY OF TEMEGULA PAGE 3 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (~) 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 PWt10-26 I Consultant: Project Design Consultants Beswick! 70% 70% Corps of Engineers is required. The extra 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 go over the final requirements of the project. Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement} consultant Simon Wong Engineering (SW 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 Amendment Na. 1: Contract term extension Jan Salazar/ 50% Improvement project. Environmental consultant. EDAW has completed biological field PW03-05 I Amendment No 2: Contract term extension Amer Attar (1109) 63°!° {Phase 3) studies, and has submitted for staff review the Natural Environment Study Report, the Amendment Na. 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% PS&E is anticipated in September, 2008. EDAW submitted the Construction Noise Study Report in August, 2008, also currently being reviewed. Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' ped/bike bridge over 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 (PE5}farm is to be submitted to PW05-11 I Contract Amount: $132,807 Jon 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 on 6/19108; 60% submitkal is expected in September 2008. 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 PWOri-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 has restarted. 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 S0% RJM for the construction drawings of the chosen amenities, which include a half court PW06-06 I Hannah- {12108) 5°!° 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 an 02/05/08. The preparation of the construction drawings continues. 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 70% design drawings are being returned to AAE for pyyfp6-pg 1 Contract amount $109,085 Bill McAteer 75% 7g% revision and resubmittal. The new City Ordinance has been forwarded to the design Amendment #1 $20,500 consultant for his review. It is anticipated that the landscape design will change to adopt these new measures. W P5~91108 GITY OF TEMEGULA PAGE 4 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAIm (~) De Portola Road Pavement Rehabilitation Project This project involves rehabilitating De Portals 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. Exclusion} was approved by Caltrans on August 8, 2007. Design consultant submitted 95% PW06-10 f Contract Amount: $146,100 Jan Salazar/ 95% 67% plans in August 2008; 100% PS&E is anticipated in September 2006. Request for Federal Approved EWAs: #1, $11,500.00 Amer Attar (5/08) construction authorization was submitted on 6/24/2008; approval is anticipated by mid- September. Construction is expected to begin in late 2008. 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 Da 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 95% 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 (alas) 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 installation of the recycled waterline. French Valley Parkway /Interstate 15 Over- City continued design work. Status is as follows: Crossing and Interchange Improvements -Phase > P5&E -City is preparing 95%plans (retaining walls and landscape/irrigation). 1 (P5&E} > Type Selection far Retaining Walls -Approved November 2007. Consultant: Moffatt & Nichol > 2nd Intermediate PS&E Retaining Walls -City preparing submittal for 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. PWtl7-04 I Notes: Becerra! 60% 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 forfirst draft. W P5~91108 GITY OF TEMEGULA PAGE 5 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (is) Old Town Gymnasium Design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club PW07- Consultant: WLC Architects Bill McAteer( 0% on Pujol Street. It was determined at the 8119108 meeting that WLC would proceed with 05CSD ll Contract Amount: $307,390.00 David 09108 { j WA conceptual design development and that they would meet with the Boys and Girls club staff McBride to get their input. Traffic Signal Installation -Citywide This project will install a newtraffic signal on Butterfield Stage Road at Welton Street / Butteffield Stage Rd at Welton St /Channel St Kendra Channel Street. PS&E is 60%complete. PW07-49 I Consultant: JDM Hannah- 60% 5°t° Agmt Amt: $12,000 Meistrell Traffic Signal Installation -Citywide Thls project will install a new traffic signal on Meadows Parkway at McCabe Drive. PS&E is Meadows Pkwy at McCabe Dr Kendra 60%complete. PW07-10 I Consultant: JDM Hannah- fi0% 0% Agmt Amt: $12,000 Meistrell Pavement Management System Update This project will update the City's Pavement Management System for the years 2008-2013. Consultant: Willdan Kavon The Council approved an agreement with Wildan an March 18th. The Notice to Proceed Agreement Amount: $ Haghighi/ 5% was issued to the consultant in May. The City for+nrarded all requested information to PW07-11 I David (10108) ° 5I° Willdan to initiate the ra ect. The consultant has started the f field ratin rocess. Cit will P 1 g P Y 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 This project will fixthe drainage problem at the south end of Front Street (at the MWD PW04-42 II ° N Q N/A easement). Baseline right of way, utilities, and mapping are established. This project is / } j currently an 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 / WA silt deposited within the basin before constructing the access road. Project is on hold ~ j until FEMA determination is finalized. PROJECTS IN 7NE PLANNING STAGE wPSO911o8 GITY OF TEMEGULA PAGE 6 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT NO. PRIORITY PROJECTN.411'IE, DESCRIPTION CONTRACTOR & CONTRACT $'s PROJECT ENGINEER ~7o TIME COLVIPLETE Hsu a~~Pinaaam~ `~~' CONTRACT PAId (~) CURRENT STATUS & PROGRESS I-15 / SR 79S Ultimate Interchange City continued development of design geametrics, technical studies, and reports. 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 > Supplemental Fact Sheet -Under Caltrans review. Extra Work Auth. No. 1: 13,426.00 > Advisory Design Exceptions -Approved Oct 2006. Extra Work Auth. No. 2: 17,732.00 > Mandatory design Exceptions -Approved Oct 2006. (Extra Work Auth. Na. 3: 18,428.00} > 5tarmwater Data Report -City revising for final submittal. (Extra Work Auth. Na. 4: 5,032.00} > Traffic Study -Approved Sept 2006. (Extra WarkAuth. No. 5: 21,240.00} > Modified Access Report -FHWA determination of Acceptability, approved July 2007. Nate: EWA No. 3, 4, and 5 will be paid with Final approval pending approval of the Final Environmental Document. PW04-08 I unused portion of Amend Na. 1. Avlin Odviar/ 90% 93% > GeometricApproval Drawings -City revising forfinal submittal. Amer Attar (09108 } > Initial Study Assessment -Approved Sep 2005. > Acoustic Evaluation -Approved Dec 2005. > Air duality Assessment -Approved PM10 Nov 2005 and PM2.5 Jul 2006. > Nat Environmental Study -Approved May 2006. > Cultural Studies -Approved Nav 2006. > Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20/08 - 3/21 /08. > Final Environmental Document -Awaiting approval of Project Report. > FHWA Air Conformity -Approved June 2008. > Erosion Control Plan -City revising for final submittal. > Life Cycle Cast Analysis -Under Caltrans review. W P5Q91108 GITY OF TEMEGULA PAGE 7 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.AIV'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAim (~) French Valley Parkway /Interstate 15 Over- City continued development of the Project Report and Environmental Document. Status is Crossing and Interchange Improvements as follows: (PA & ED} > Draft Project Repork -Approved June 2006. Consultant: Moffatt & Nichol > Project Report -Final preparation pending approval of Environmental Doc. Agreement Amount: $1,091,693.00 > Draft Environmental Document -City revising per Caltrans comments. 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. CCd No. 1: 25,000.00 > Exception to 20-yr Traffic Design -Approved 12/17/07. CCd No. 2: 8,000.00 > 5tormwater Data Report -City revising per Caltrans comments. CCO No. 3: 16,006.00 > Mandatory design Exceptions -Approved 07/16/06. CCd No. 4: 11,320.00 William > Advisory Design Exceptions -Approved 07/18/06. CCd No. 5: 37,645.00 > Exception to Ramp Metering Policy -Approved 07/05/06. PW02-11 I Amend. No. 3: 283,982.52 Becerra/ ° 90 /° 87% > Geometric Approval drawings -Approved 07/18/06. Amend. No. 4: See PW07-04 Avlin Odviar( (01109 } > Revised Geometric Approval Drawings -Approved 01/11/08. Amend. No. 5: 169,000.00 Amer Attar > Storm Drain Study -Approved 03/21108. Amend. No. 6: 110,917.00 > Floodplain 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 far add'I apportionment. > Risk Management Plan -Updating as necessary. > Project Charker - 1st draft is under Caltrans review. > Maintenance Agreement -Preparing 1st submittal for Caltrans review. > Financial Plan -Preparing 2nd submittal for Caltrans review. Temecula Creek Crossing - 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 g0% access to Lama Linda Rd., including a bridge crossing over Temecula Creek. Preliminary PWOS-03 II over Temecula Creek Hannah- (12108) '% alignments submitted on 09/04/08 are under review by the City. Consultant: Nolte Associates, Inc. Meistrell Contract Amount: $87,923.00 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 PW08-04 II Alignment Study, Design & Environmental Hannah- 0% 0% Diaz Raad. Proposals submitted an 08/27/08 are under review by the City. Clearance Meistrell (04/09 ) Consultant: Nicolas Valley -Assessment District (Liefer This project will study assessment district feasibility and formation, including completing the Road) 0% street and minor storm drain improvements on the unimproved portions of certain streets PWOS-06 II Amer Attar (08109 } 0% within Nicolas Valley (Liefer Road} area. The project is in the gathering data stage. PROJECTS WAITING IN THE WINGS Butterfield Stage Road - Raripaugh CFD % All work has been on hold while Developer finalizes construction financing. III Amer Attar ) ( WA W P5Q91108 GITY OF TEMEGULA PAGE 8 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAId (is) Diaz Raad Extension to Cherry Street This project is "On-hold"' as it is some what dependent on the final state of the PV4'00-10 I Consultant: Kimley-Horn and Assoc. David NIA% N!A% Education Center property. $167,101.00 McBride Eliminate Entry -Project is dead Citywide Master Drainage Plan % Postponed. Pwaa-29 ll ??~~?~~? C } wA Multi-Trails System -Margarita Road Under This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Crossing under Margarita Road. Data regarding existing utilities are being incorporated into the Consultant: LAN Engineering William design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This PW04-13 I Contract Amount: $114,426.00 Becerra 100% 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 Kavon standards. The funding far this project is through Community Development Block Grant. PW06-16 Haghighi ° 0 /° NlA 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 PW06-17 I Laura Bragg/ 0% N/A 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding Amer Attar constraints, this project is being delayed until Fiscal Year 200912010. RIGHT OF WAYRELATED PROJECTS French Valley Parkway/ I-15 Overcrassing and Appraisals are in progress. Draft Reports receive; FF&E appraisal to be submitted shortly. Interchange, Project Report (PR) Amer Attar/ Obtaining proposals from Relocation consultants PW02-11 I William NIA WA Becerra Butteffield Stage Road - Roripaugh CFD Closed escrow on Calixto parcel. Working on getting demolition proposals Amer Attar! CED 03-02 Mayra De La Torre Diaz Realignment Working with the City Attorney on the preparation of all the documents needed to record PW 95-27 I Amer Attar/ 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 Raad Realignment Met with Outdoor Channel. An offer to sell will be sent to them during the next period. Amer Attar Riverside County Flood Control Parcels-Old Amer Attar Received Purchase Agreement from RCFC; need to make revisions and send back Town W P5~91108 GITY OF TEMEGULA PAGE 9 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.AIV'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS (Esu a~~Pinaaam~ PAID ($) 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 on hold per Bill Hughes PW06-12 Amer Attar Overland Extension Need to obtain proposals for appraisal PW44-26 Amer Attar Policy re: Site Assessments Editing Site Assessment policy Amer Attar Miscellaneous Right of Way Related Items review of Caltrans procedures; working an draft of Relocation handout required bylaw Amer Attar On-going WA SPECIAL AND MISCELLANEOUS PROJECTS Roripaugh Ranch CFD Reviewing submitted Reimbursement Request for the two bridges with the Clty attorney. CFD03-02 Amer Attar NIA WA CFD 41-02 Harveston CFD Amer Attar NIA WA No activities Harveston CFD No activities CFD 43-06 Amer Attar NIA N/A CED 43-01 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 N!A N/A Various I Tracking, preparing, and processing Federal and Julie Dauer On-going NIA 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 skaff 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-ap agreement with Riverside County Flood Control. Awaiting Encroachment Permit from PWl}i-27 I Julie Dauer NIA N/A RCFCD. Bid Opening August 15, 2007. Prepared "justification Form' far Caltrans for update on project status for the quarter ended 9/30/07. PW06-10 I Surface Transportation Program (5TP) - De Julie Dauer NIA wA Received approved PES, CE and NE5(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 PWl}3-05 I Program (HBRR) -Main Street Bridge Julie Dauer NIA WA this project. Total HBRR funds $3,920,000. SR25- Safe Routes to School Program - In process of preparing PES, ISA checklist and NE5(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 f 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 SB821 funding. W P5Q91108 GITY OF TEMEGULA PAGE 1Q OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asiiii2aag PROJECT PROJECTN.411'IE, DESCRIPTION PROJECT ~7o TIME `~~' NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER COLVIPLETE CONTRACT CURRENT STATUS & PROGRESS Hsu a~~Pinaaam~ PAim (~) Transportation Uniform Mitigation Fee (TUNE) Quarterly review of expenditures far TUMF reimbursement requests. Various I Julie Dauer N/A NlA 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 PWQ(i-15 I Beautification Project Julie Dauer NIA N/A and have completed responses and submitted for additional review by Caltrans. Total funds awarded per TE Funding adjustments $1,133,000. PW99-11 Pechanga Parkway Phase II Street Have received environmental approval and are currently in process of completing the right- I Improvements -Public Land & Highways Funded Julie Dauer NIA N1A 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 N!A N/A Various I Grant Files Julie Dauer NIA NIA do-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 do-going processing of bond releases for City 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 NIA Bicycle Trail Extension and Interconnect project. Total award $395,000. Quarterly Review Review of Federal and State funding of CIP projects for preparation of reimbursement Various I Julie Dauer NIA WA invoices for costs incurred during each quarter. Also include review of administrative costs for CIP projects and prepare reports for Finance. Standardize the format of the Specifications for Specif ications library is continuously being updated and amended. The boiler-plate section all projects David is also being reviewed and updated. Federal 5pecificatians were updated and standardized McBride On- oin g g wA far 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 on March 27, 2008. Update Plans to Reflect As-Built Conditions for City receives blue prints from many contractors marked with As-Built conditions for various All Recent Projects projects. Some of these As-Built conditions have never been transferred to the project ? ~~? ~~ On- oin g g wA mylars. As-Built plans will be created for all recent projects, if it was not done at the time of submission. Consultant Selection An Access database was created for our Consultant Selection List. Information is available Various f Laura Bragg On-going WA 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 P5~91108 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report August 1 September 2008 Prepared By: Amer Attar Submitted by: William G. Hughes Date: September 23, 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 cast to re-mobilize and complete the project when the aforementioned items are complete, these casts 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 2108) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Center- Rough Grading This project will provide for the grading of the 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. S. 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 and south sides of the project, the contractor has completed the grading, the installation of the mainline irrigation, the maw curb, the DG, and the irrigation laterals. AC has been placed on the north side and will be placed on the south side by the end of September. Soil quality issues are being looked into and once the issues are resolved planting will begin. 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 an Tuesday 02/26/08. Project acceptance and the Notice of Completion will be presented to the City Council at the 09/23/08 meeting. 5. Old 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 6t" streets. Herman Weissker was awarded the work at the 3/18/48, City Council Meeting. Work is currently underway along Main Street. 7. Citywide Slurry Seal Project FY 2007-2008 This project will slurry seal streets mainly in the Paloma del Sol area. Construction is essentially complete. Minor punchlist items are being addressed. Estimated completion is 49/15/48. 8. Roller Hockey Rink Dasher Board System This project will replace the boards at the existing Roller Hockey Rink. The replacement of the dasher board system is complete and Temecula Valley Inline Hockey Association had their opening day on Friday, 9/5/48. The rink surface was also refinished and Building and Safety has signed of on their permit. Once the Bond and Affidavit are received from the contractor (YAKAR) the project will be sent to Council for acceptance. 9. 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, 2448. Construction that will occur during the month of September is as follows: pavement, aggregate base, removals, and traffic signals. The final section of the Pechanga Tribe's Recycled Waterline project between Lama Linda Road and Rainbow Canyon Raad started on July 14 and will be complete by December 1.2048. 10.OId Town Infrastructure Projects -Parking Structure & OfficelRetail frontage This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site as well as construction of a parking structure, including office frontage shell space. PCL was awarded the construction contract at the 8/26/48 CC mtg. PreCon Mtg & Notice to Proceed is anticipated in late September. The Underground Fire Protection plan is pending RCWD approval. 11. 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. 441 Certification and Streambed Alteration Agreement have been acquired. Final negotiation with USF&WS and CDFG for mitigation requirements is pending. The Project was awarded on 08/26/48 and is on-hold pending confirmation of FEMA reimbursement funding. 12.OId Town Civic Center Phase 2 This project will construct the Old Town Civic Center. Bids were opened on 49/43/48. City Council awarded the contract to Edge Development, Inc. in the amount of $31,555,544.44 at the 49/49/48 meeting. PROJECTS BEING ADVERTISED FQR BIDS 1. 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. The project is out to bid. Bid opening is scheduled far 10/09108. 2. Temecula Community Center Expansion This project will add approximately 4040 square feet of space to the existing Temecula Community Center to accommodate mare human services programs. The project is out to bid and bid opening is scheduled far September30, 2008. The plans forthe Escallier House and barn are being revised to re route the accessible path of travel to the front of the buildings. PRt3JECTS IN DESIGN 1. 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 floodplain 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 has been completed and is being reviewed to incorporate all corrections. The appraisal forthree easements is now complete; offers for purchase of the property were made. 2. 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°lo design submittal has been signed. The consultant has started the final design and a design meeting will be scheduled to go over the final requirements of the project. 3. Main Street Bridge Over Murrieta Creek {Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wang 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 is anticipated in September, 2008. EDAW submitted the Construction Noise Study Report in August, 2008, also currently being reviewed. 4. 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; 60% submittal is expected in September 2008. 5. 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 has restarted. 6. 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 canstructian drawings continues. 7. 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 70% design drawings are being returned to AAE for revision and resubmittal. 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. 8. De Portola Road Pavement Rehabilitation Project {from Jedediah Smith to Margarita) This project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. This is a federally funded project. The Environmental Document (Categorical Exclusion) was approved by Caltrans on August 8, 2007. Design consultant submitted 95% plans in August 2008; 100% PS&E is anticipated in September 2008. Request for Federal construction authorization was submitted an 6/2412008; approval is anticipated by mid-September. Construction is expected to begin in late 2008. 9. 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. 100% 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. 10. 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. 100% design plans have been reviewed and minor comments will be provided to the consultant far incorporation into the plans. 11. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Consultant is working on the 100% design package. The City received the signed PES form and the Categorical Exclusion (CE) from Caltrans. The request for Federal construction authorization was submitted on June 24, 2008. The project will go to construction in late 2008. 12. Winchester Raad/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 100°lp 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. 13. 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 2007. - 2nd Intermediate PS&E Retaining Walls -City preparing submittal far Caltrans review. - Right of Way -Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. - Declaration of Units -Caltrans Approved Metric Exception for 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. - Maintenance Agreement -City preparing exhibit for the first draft. - Construction Cooperative Agreement -Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. 14.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 for the proposed Gymnasium. It was determined at the 8119/08 meeting that WLC would proceed with conceptual design development and that they would meet with the Boys and Girls club staff to get their input. 15. Traffic Signal Installation -Citywide, Butterfield Stage Rd at Welton St /Channel St This project will install a new traffic signal on Butterfield Stage Road at Welton Street /Channel Street. PS&E is 60°lo complete. 16. Traffic Signal Installation -Citywide, Meadows Pkwy at McCabe Dr This project will install a new traffic signal on Meadows Parkway at McCabe Drive. PS&E is 60% complete. 17. 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. 18. 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. 19. Long Canyon Detention Basin -Access Road This project will construct an access road to the Lang 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. PRtJJECTS IN THE PLANNING STAGE 13. I-151 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. - Supplemental Fact Sheet -Under Caltrans review. - Advisory Design Exceptions -Approved 10/18/06. - Mandatory Design Exceptions -Approved 10/20/06. - Stormwater Data Report -City revising for final submittal. - Traffic Study -Appraved 09/11/08. - Modified Access Report - FHWA Determination of Acceptability was approved in July 2007. Final approval pending approval of the Final Environmental Document. - Geometric Approval Drawings -City revising for final submittal. - Initial Study Assessment -Approved September 2005. - Acoustic Evaluation -Approved December 2005. - Air Quality Assessment -Appraved PM10 Nov 2005 and PM2.5 Jul 2006. - Nat Environmental Study -Approved May 2006. - Cultural Studies -Appraved November 2006. Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20108 - 3/21 /08. - Final Environmental Document -Awaiting approval of Project Report. - FHWA Air Conformity -Approved June 2008. - Erasion Control Plan -City revising for final submittal. - Life Cycle Cost Analysis -Under Caltrans review. 14. French Valley Parkway O~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/I-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 Doc. - Draft Environmental Document -City revising per Caltrans comments. - New Connection Report {NCR) - Letter of Acceptability received in July 2008. - Traffic Operations Analysis -Approved 02/05/08. - Exception to 20-yr Traffic Design -Approved 12/17107. - Stormwater Data Report -City revising per Caltrans comments. - Mandatory Design Exceptions -Approved 07/18/06. - Advisory Design Exceptions -Approved 07/18/06. - Exception to Ramp Metering Policy -Approved 07105/06. - Geometric Approval Drawings -Approved 07/18/06. - Revised Geometric Approval Drawings -Approved 01/11/08. - Storm Drain Study -Approved 03121108. - Floodplain and Scour Analysis Report -Under Caltrans review. - Declaration of Units -Request for 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 far Caltrans review. - Financial Plan -Preparing 2nd submittal for Caltrans review. 15. Temecula Creek Crossing -Access to Temecula Parkway The project consists of performing an alignment study to set a specific horizontal and vertical alignment far an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Rd., including a bridge crossing over Temecula Creek. Preliminary alignments submitted on 09/04/08 are under review by the City. 16. 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. Proposals submitted on 08/27/08 are under review by the City. 17. 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}. 25 Approvals ~ City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: September 23, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of August 2008. PATROL SERVICES Overall calls for police service ........................................................ .......................................... 7800 "Priority One" calls for service ......................................................... .............................................. 40 Average response time for "Priority One" calls ............................... ..............................4.82 Minutes VOLUNTEERS Volunteer administration hours ....................................................... ............................................ 189 Special Events ................................................................................ ............................................ 150 Community Action Patrol (CAP) hours ........................................... ............................................ 176 Reserve officer hours (patrol) ......................................................... .............................................. 59 Training hours ................................................................................. ............................................ 220 Total Volunteer hours ...................................................................... ............................................ 794 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ............................................... ......................................... 5 Residential/business security surveys conducted ................................. ....................................... 11 Businesses visited ................................................................................. ....................................... 15 Businesses visited for past crime follow-up ........................................... ....................................... 17 Crime prevention articles ....................................................................... ......................................... 1 Total square footage of graffiti removed ................................................ ................................ 10,874 Number of Graffiti Locations ....................................................... ................................. 36 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 287 Sets of fingerprints taken .............................................................................................................. 60 Police reports filed .......................................................................................................................... 4 Citations signed off ....................................................................................................................... 41 Total receipts ..................................................................................................................... $5,408.00 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 ....................................................... .......................... 1024 D.U.I. checkpoints conducted ......................................................................... ................................ 3 D.U.I. Arrest ....................................................................................... ...........................41 Nan-hazardous citations ................................................................................. ............................ 482 Stop Light Abuse/Intersection Program (S.L.A.P.)citations ............................ ............................ 218 Neighborhood Enforcement Team {N.E.T.) citations ..................................... ............................ 154 Parking citations .............................................................................................. ............................ 548 Seatbelts ........................................................................................ ..........................72 School Zones .................................................................................. ..........................50 Injury callisions ................................................................................................ .............................. 19 Prese ntatia ns ................................................................................. ............................0 INVESTIGATIONS Beginning Caseload .................................................................................................................... 189 Total Cases Assigned .................................................................................................................. 40 Total Cases Closed ....................................................................................64 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 ......... 213 ........... 22 ........... 35 ............. 0 ............. 5 $7,196.00 Felony arrests ..................................................................... ............................................................ 1 Misdemeanor arrests .......................................................... ............................................................ 5 Citations .............................................................................. .......................................................... 16 Youth counseled ................................................................. ........................................................ 99 Presentations .......................................................... .................................................. 5 YOUTH ACCOUNTABILITY TEAM School visits .................................................................... ................................................................ 3 Home visits ...................................................................... ................................................................ 3 Presentations ....................................................... ......................................................2 Truancy Sweep ...................................................... ......................................................0