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HomeMy WebLinkAbout031009 CC AgendaIn 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 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 10, 2009 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Sections 54956.9(a) and (c). The Council will meet pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9(c) with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 09-04 Resolution: 09-27 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Leon Franklin of The Living Word Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards The Plastic Bag and Our Environment Presentation Presentation to exchange students traveling to our Sister City Nakayama, Japan Bill Harker Dav Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of February 24, 2009. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTHIN EXHIBIT A City Treasurer's Report as of January 31, 2009 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2009. Southern California Edison Agreements for the Underground Uitility District Rule 20B, Project No. PW06-07 (1 B) RECOMMENDATION: 5.1 Authorize the City Manager to approve an Agreement entitled, "Agreement For Replacement of Overhead with Underground Distribution Facilities" associated with the Rule 20B Utility Undergrounding Project in Old Town; 5.2 Authorize the City Manager to approve an Agreement entitled, "Added Facilities Agreement Applicant Financed" associated with the placement of a buried 75 kilovolt transformer associated with the Rule 20B Utility Undergrounding Project in Old Town; 5.3 Authorize the payment of $133,535.08 and $5,272.89 ($138,807.97 total) to Southern California Edison to satisfy the monetary obligations of these two Agreements. Fifth Amendment to a Professional Services Agreement Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project No. PW00-26 RECOMMENDATION: 6.1 Approve the Fifth Amendment to the agreement with Project Design Consultants in an amount not to exceed $6,000 for additional services to modify the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Project No. PW00-26 - to accommodate an existing 12 inch Rancho California Water District (RCWD) waterline. Authorize temr)orarv and Partial Street Closures for the 2009 Temecula Rotarv Club Triathlon (within the Redhawk Area RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR 2009 TEMECULA ROTARY CLUB TRIATHLON, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 8 Third Amendment to the Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation Authority RECOMMENDATION: 8.1 Approve the third amendment to the Joint Exercise of Powers creating the Western Riverside County Regional Conservation Authority. 9 Long Range Planning Project Number LR08-0005, CEQA Procedure Handbooks for Private Development and Capital Improvement Projects RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOKS FOR PRIVATE DEVELOPMENT PROJECTS AND CAPITAL IMPROVEMENT PROJECTS (LR08-0005) 10 General Maintenance Expenditure with Quaid Temecula Harley-Davidson RECOMMENDATION: 10.1 Approve an additional expenditure of $15,500 for General Maintenance Services with Quaid Temecula Harley-Davidson, bringing the total FY08-09 annual expenditure to $45,500. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of February 24, 2009. CSD BUSINESS 12 Mayor's Summer Youth Employment Program RECOMMENDATION: 12.1 Receive and file a report on the Mayor's Summer Youth Employment Program. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of February 24, 2009. 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. 14 Proposed Ordinance to repeal Chapter 8.32 (Noise Control) of the Temecula Municipal Code and amending Sections 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.D and 9.20.070.A.1 of the Temecula Municipal Code concerning regulation of noise RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.17, 9.20.040, 9.20.050, 9.20.060.D, AND 9.20.070.A.1 OF THE TEMECULA MUNICIPAL CODE CONCERNING REGULATION OF NOISE CITY COUNCIL BUSINESS 15 Establishment and Appointment of Ad-Hoc Subcommittee--Youth Court (at the Request of Mayor Pro-Tem Comerchero) RECOMMENDATION 15.1 Establish an ad-hoc subcommittee to work in partnership with the City of Murrieta and the County of Riverside to establish a Youth Court; 15.2 Appoint two City Council Members to serve on the subcommittee. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, March 24, 2009, 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. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.ora Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 - 5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department - 951-694-6444. PRESENTATIONS G N Cc 75 ~ U a) bA 'C N 'C Cl. N ~ H 0 a y 0 O= G ' ~'O W N ~O O 0 mm° C-' O c~'S + N y ~ a~i it U1 4 , TJ W ~ U] Ul U H Y ~j i i Cd rl G Q N O , 0 U , G 4•~ 0 G 0 Cl. 4.1 cd O c m z~ O Y G 4 , ° U G U v O O1 S ~ rW -a ~ U] d C , Q _ O r[y r3 n a, v G + ✓ O F c U iy r as L a y c C O O j U O rn U , Z •:1 -pct > ov a 75 ; ~ 't 4-4 O F..~ cd a~ a~ O t~ Co N O f N . Cy ~ E C13 . A o o o ~ Z/] j` N v r 'o - ? U 75 • ~ O U Q O J S" U ' ~ O + h? O G ~ S~ 3 C c • 'C te 1 v r 0 ° Cl. Ct U ,A G ~ -4 M s ' V 4ti i~-i O ~y *~1 O cv n G a) - a t~ Q E O ca x4 . 4 U 4-4 ~4 ' ' y 'n C. O O° r f.Aa "~M cq O 'C y N O c~"'C cd W r 4-1 ~ 0 Ct . N C C W o 4-1 U G 0 a ° a~ O i ~ a i ~ G cn CZ 0 ai t " U' (D cz 'n c O O 1~ dl -G t •i O C ~i O C, O O O ~ cl O 3 U a 2-4 64 W W ~W W W W~W WWW ;i, ~ N E~ G ~ ww ~.w ~ 0 w w ~ www w~w~ x~ xx4 , x~ x.° x ° xxxx oxp 5 0 5 5 ° 5 5 5 0 Z U N C13 C13 O i CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 24, 2009 - 7:00 PM 6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations for property generally located along Murrieta Creek between First Street and Sixth Street (APN 922- 036-031, 922-036-042, 922-053-020, 922-053-021, 922-073-027, and 922-046- 25). The negotiating parties are the City of Temecula/Redevelopment Agency and Riverside County Flood Control and Water Conservation District. Under negotiation are the price and terms of payment of real property interests. The City/Agency negotiators are Shawn Nelson, Bob Johnson, and John Meyer. 2) Conference with City Attorney pursuant to Government Code Sections 54956.9(a) and (c). The Council will meet pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9(c) with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:15 P.M., Council Member Comerchero moved to call the Closed Session to order. The motion was seconded by Council Member Washington and voice vote reflected approval. The City Council meeting convened at 7:01 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Flag Salute: Council Member Comerchero 1 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards 2008-2009 National All-American Miss Teen - Kristin Gilbart Ms. Gilbart addressed the City Council. PUBLIC COMMENTS Superintendent Carol Leighty, Temecula Valley Unified School District, addressed the City Council. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of February 10, 2009. List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Naggar and Council Member Washington who abstained with regard to Check No. 129572. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approval of 2008-09 Mid-Year Budget Adjustments - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-2009 ANNUAL OPERATING BUDGET Stewart Morris, Temecula, addressed the City Council. Property Insurance Renewal - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of February 26, 2009 through February 26, 2010, in the amount of $233,602. Approve the Sponsorship Request for the 2009 Temecula Sgrina Rod Run - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the 2009 Temecula Spring Rod Run Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement. Acceptance of the Declaration of Dedication for a Public Easement of a Channel and Quitclaim Interests in said Easement to Riverside County Flood Control and Water Conservation District - Portion of Assessor Parcel Number 922-035-024 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Adopt resolution entitled RESOLUTION NO. 09-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION RECORDED AS INSTRUMENT NO. 167635 ON JUNE 12, 1987, IN THE OFFICIAL RECORDS OF RIVERSIDE COUNTY 7.2 Adopt resolution entitled: RESOLUTION NO. 09-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUIT CLAIM DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONVEYING AN EASEMENT FOR MURRIETA CREEK Authorize Temporary Street Closures for the 2009 Temecula Spring Rod Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 09-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 2009 TEMECULA SPRING ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT Acceptance of Improvements and Notice of Completion for Old Town Infrastructure Project - Underground Utility District Rule 20B. Project No. PW06-07 (1 B) - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accept the Old Town Infrastructure Project - Underground Utility District Rule 20B, Project No. PW06-07 (1 B), as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Authorize Temporary Street Closures for the first annual HELP Ride Motorcycle event in Old Town (Old Town Front Street, between Second and Third Streets, and other associated streets) - Approved Staff Recommendation (5-0-0) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 09-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 1ST ANNUAL HELP RIDE EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT The following individuals spoke with regard to this item: Craig Puma, Temecula Gregg Hassler Rich Quaid 11 Geotechnical, Material Testing, and Special Inspection Professional Service Agreement for the Rancho California Road Rehabilitation Project, PW06-14 - pulled off calendar RECOMMENDATION: 11.1 Approve an Agreement with LOR Geotechnical Group, Inc., to provide professional geotechnical, material testing, and special inspection services associated with the Rancho California Road Rehabilitation Project PW06-14, Federal Project No. STPL 5459 (019) in the amount of $71,170; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,117, which is equal to 10% of the Agreement. 12 Second Readina of Ordinance No. 09-02 - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 09-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ADDING CHAPTER 9.60 ("SEX OFFENDERS") TO TITLE 9 ("PUBLIC PEACE, MORALS, AND WELFARE") OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCATION RESTRICTIONS FOR SEX OFFENDERS At 7:43 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:49 p.m. the City Council resumed with regular business. PUBLIC HEARING 20 Consider Adoption of a Resolution Confirming the Amended Assessments and Directing Actions with Respect Thereto.:- Approved Staff Recommendation (5-0-0) - Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 09-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) Senior Debt Analyst Bilby presented the staff report (as per agenda material), advising that all costs related to the apportionment process will be recovered through the levies of these two parcels. There being no public input, the public hearing was closed. CITY COUNCIL BUSINESS 21 Amendment to CalPERS Contract Providing for Two Years Additional Service Credit RECOMMENDATION: 21.1 Adopt a resolution entitled: -Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RESOLUTION NO. 09-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 21.2 Introduce and read by title only an ordinance entitled: - Approved Staff Recommendation (5-0-0) - Council Member Roberts made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. ORDINANCE NO. 09-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM City Attorney Thorson introduced and read Ordinance No. 09-03 by title only. 21.3 Approve Form PERS-CON-12, Certification of Governing Body's Action (Exhibit D); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 21.4 Approve Form PERS-CON-12A, Certification of Compliance with Government Code Section 7507 (Exhibit E.); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 21.5 Approve the Certification of Compliance with Government Code Section 20903 (Exhibit F); - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 21.6 Direct the City Clerk, upon adoption of said Resolution, to forward to CalPERS duly executed and certified copies of: (1) Resolution of Intention (Exhibit B); (2) Form PERS-CON-12, Certification of Governing Body's Action (Exhibit D); (3) Form PERS-CON-12A, Certification of Compliance With Government Code Section 7507 (Exhibit E.); and (4) Certification of Compliance With Government Code Section 20903 (Exhibit F). - Approved Staff Recommendation (5-0-0) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. City Manager Nelson provided the detailed staff report (as per written material). DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to Closed Session, City Attorney Thorson advised that there was no action to report under the Brown Act. ADJOURNMENT At 7:57 p.m. the City Council meeting was formally adjourned to Tuesday, March 10, 2009, 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. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 10, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- 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. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,150,602.90. 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 1 Oth day of March, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1Oth day of March, 2009, 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 02/12/2009 TOTAL CHECK RUN 02/19/2009 TOTAL CHECK RUN 02/19/2009 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 03/10/2009 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 370 CITY 2008 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 477 CFD- RORIPAUGH 546,328.80 9,000.00 30,910.62 279,164.67 69,852.70 14,364.96 2,737,086.61 14,288.87 7,669.92 65,523.20 6,292.29 8,488.28 19,875.42 64,961.14 2,170.88 14,968.18 534,047.02 249,353.93 6,718.07 $ 228,430.68 4,452,634.88 469,537.34 $ 5,150,602.90 $ 4,681,065.56 001 GENERAL FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 311,675.11 7,109.77 99,271.17 141.35 5,091.14 1,460.46 1,412.44 779.80 3,073.87 1,202.07 25,800.33 3,480.46 9,039.37 469,537.34 TOTAL BY FUND: $ 5,150,602.90 apChkLst Final Check List Page: 1 02/1212009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 129832 02112/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 129833 02112/2009 000434 ACCELA.COM Accela wireless license: B&S 129834 0211212009 008552 ADKINS DESIGN CONSULTING Jan graphic design svc:Theater 129835 0211212009 006915 ALLIE'S PARTY EQUIPMENT equip rental:Rhythms Dance 1117 129836 0211212009 003821 ALLSTAR FIRE EQUIPMENT Rescue Equip: Stn 73 129837 02112/2009 012728 ANIGBOGU, ROBERT E. refund:prkg cit:viol dismissed 129838 02112/2009 002187 ANIMAL FRIENDS OF THE Dec Animal control services VALLEYS 129839 0211212009 001323 ARROWHEAD WATER INC Bottled wtr svcs: Council Bottled wtr svcs: CRC Bottled wtr svcs: Maint Facility Bottled wtr svcs: Fld Op Ctr Bottled wtr svcs: Library Bottled wtr svcs: Theater Bottled wtr svcs: TCC Bottled wtr svcs: Ch Museum Bottled wtr svcs: Skate Park Bottled wtr svcs: TV Museum Bottled wtr svcs: City Hall Bottled wtr svcs: City Hall Bottled wtr svcs: PBSP Bottled wtr svcs: CHS Aquatics Bottled wtr svcs: TES Aquatics 129840 02112/2009 003203 ARTISTIC EMBROIDERY 129841 021212009 011752 ASAN SOCIETY GROUP 129842 0211212009 002648 AUTO CLUB OF SOUTHERN CALIF 129843 021212009 009776 BAKER WINDOW & DOOR employee recognitions gift:Finance refund:sec dep:crc rental Membership: 69686154 DH Res Imp Prgm: Mueller, J & S Amount Paid 760.00 2,199.00 3,148.78 225.11 2,806.67 65.00 13,000.00 12.65 55.65 121.66 142.38 54.05 8.61 17.43 6.45 8.61 8.61 350.00 325.76 25.23 4.30 6.45 47.71 400.00 47.00 3,000.00 Check Total 760.00 2,199.00 3,148.78 225.11 2,806.67 65.00 13,000.00 1,147.84 47.71 400.00 47.00 3,000.00 Page:1 apChkLst 02112(2009 10:22:31AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129844 0211212009 002541 BECKER CONSTRUCTION SRVS Citywide a/c saw cutting: PW 6,775.00 6,775.00 INC 129845 02112/2009 012735 BOESS, TONYA refund:sec dep:crc rental 150.00 150.00 129846 02112/2009 008780 BYROM-DAVEY INC repair sink hole:PBSP soccer field 5,296.13 5,296.13 129847 02112/2009 009082 C B C TECHNICAL INC misc supplies: Theater 127.45 127.45 129848 0211212009 003138 CAL MAT PW patch truck materials 381.87 PW patch truck materials 193.09 PW patch truck materials 131.21 PW patch truck materials 452.17 PW patch truck materials 193.74 PW patch truck materials 147.19 PW patch truck materials 423.89 PW patch truck materials 127.79 2,050.95 129849 0211212009 008953 CALIF ASSOC OF BUILDING CEPE trn 3117:JV,JY,RJ 5/7:RJ 140.00 140.00 ENERGY 129850 0211212009 005384 CALIF BAGEL BAKERY& DELI refreshments: Council mtg 12/16 274.27 refreshments: Council mtg 11125 108.83 383.10 129851 0211212009 000152 CALIF PARKS & RECREATION 08/09 mbrshp 113171:Betz, Martin 135.00 135.00 SOC 129852 0211212009 012588 CBS RADIO INC radio advertising:Theater events 250.00 250.00 129853 0211212009 004837 CHERRY VALLEY FEED & PET Police K-9 Food: Casper 185.29 185.29 SUPLY 129854 02112/2009 012401 COMPRESSED AIR SPECIALTIES Air Compressor Maint: Stn 92 896.52 896.52 INC 129855 02112/2009 000447 COMTRONIX OF HEMET Radio equip maint: PW Maint 179.31 Radio equip maint: PW Maint 788.14 967.45 129856 02112/2009 006303 CONDUIT NETWORKS, INC 1129 cnslt svc:Civic Ctr phones 200.00 200.00 129857 02112/2009 002945 CONSOLIDATED ELECTRICAL electrical supplies: Parks 159.47 159.47 DIST. 129858 02112/2009 010650 CRAFTSMEN PLUMBING & HVAC plumbing svcs: CRC/TES pools 600.00 600.00 INC Paget apChkLst Final Check List Page: 3 02112/2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129859 0211212009 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 99.75 TCSD instructor earnings 299.25 399.00 129860 0211212009 012734 CROWN CASTLE USA INC reimb:ck not payable to city 6,132.79 6,132.79 129861 02112/2009 004194 D L T SOLUTIONS INC software lic renewal:AutoCad 2,206.01 2,206.01 129862 0211212009 012546 DEL HOTAL, LESTER refund:permitvoided:B07-1715 549.15 549.15 129863 0211212009 003945 DIAMOND ENVIRONMENTAL Feb portable toilet svc:Redhawk 55.78 SRVCS Feb portable toilet svc:Vail Ranch 55.78 Feb portable toilet svc:Veterans 55.78 Feb portable toilet svc:Long Cyn 55.78 Feb portable toilet svc:Riverton 55.78 278.90 129864 02112/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,354.08 INC Fuel for City vehicles: TCSDICode 84.45 Fuel for City vehicles: PW/CC/IS 65.86 Fuel for City vehicles: Code Enf/Pln 174.54 Fuel for City vehicles: B&S 134.82 Fuel for City vehicles: Police 51.97 Fuel for City vehicles: PW Maint 1,087.10 Fuel for City vehicles: PW CIP 107.44 Fuel for City vehicles: PW Traffic 97.17 Fuel for City vehicles: PW Lnd Dv 276.58 3,434.01 129865 0211212009 010097 DREAM PAINTING Res Imp Prgm: Preston, Ursula 3,800.00 3,800.00 129866 0211212009 001669 DUNN EDWARDS CORPORATION graffiti removal supplies: PW 51.53 51.53 129867 02112/2009 000161 EDEN SYSTEMS INC Software support/maint: EDEN 33,266.13 33,266.13 129868 0211212009 004829 ELLISON WILSON ADVOCACY Feb state lobbyist svcs: CM 3,500.00 3,500.00 LLC 129869 02112/2009 005115 ENTERPRISE RENT A CAR INC vehicle rental: Planning 79.74 79.74 129870 0211212009 011292 ENVIRONMENTAL SCIENCE Dec Ceqa Cnslt Svcs: Planning 1,318.40 1,318.40 ASSOC. Page:3 apChkLst Final Check List Page: 4 02112/2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129871 0211212009 001056 EXCEL LANDSCAPE mainline repair: Old Town 130.16 plant material: Old Town 120.00 annual color: Old Town 439.28 irrigation repairs: Mgita/Overland 118.11 irrigation repairs: Sports Park 82.12 irrigation repairs: Sports Park 1,240.42 field maint: Harveston Park 200.00 mainline repair: CRC 267.57 mainline repair: Library 181.70 irrigation impr: Crowne Hill 247.95 install (30) plants: Date St median 199.80 annual color: Rcho Ca medians 155.04 3,382.15 129872 02112/2009 000165 FEDERAL EXPRESS INC 12131-1119 express mail svc:Citywide 461.47 461.47 129873 02112/2009 010804 FEHR & PEERS ASSOCIATES 9127-11128 Cnslt Svc:S.Mgita Annex 128.70 128.70 129874 021212009 003347 FIRST BANKCARD CENTER PAYPAL GR Payflow Pro Transaction 59.95 GUITAR CENTER HP Microphone: C. Museum 171.33 MISSION INN FOUNDATION HP lunch (4) emp:Riverside Cnf 1120 66.27 COUNTRY GARDEN GY refreshments:Union Mtg 1114 43.01 RESTAURANT LITTLE CAESARS FUNDRAISING GYrefreshments:lst Responders 1123 37.71 PGM AMERICAN AIRLINES RR Airfare:Nat'I Lg Cf 3114-18 Wash DC 346.00 METROLINK RR SCAG Mtg 115 Parking Fees 8.50 M C I CENTER RR Metrolink Mtg 117 Parking Fees 28.00 HILTON RR HtI:SCAG Mtg 1f7 Los Angeles 121.00 PLATEPASS RR express toll fee NLC Mtg 914-7 6.50 AMERICAN AIRLINES JC Airfare:Nat'I Lg Cf 3114-18 Wash DC 346.00 1,234.27 129875 0211212009 012598 FITNESS REPAIR SHOP INC Fitness Equip: Stn 92 93.27 93.27 129876 0211212009 012736 FNU, ALINA refund:basketball:2500.101 62.00 62.00 129877 0211212009 011145 FOSTER, JILL C. TCSD instructor earnings 42.00 42.00 129878 0211212009 010326 G E MOBILE WATER, INC exchange osmosis washer:Stn 73 124.99 exchange osmosiswasher:Stn 73 124.99 249.98 Page-.4 apChkLst Final Check List 02112(2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 129879 0211212009 001937 GALLS INC uniform breeches: Police 129880 02112/2009 003792 GRAINGER Misc Maint Supplies: Stn 84 credit: returned water hose maintenance supplies: Ch Museum 129881 0211212009 012737 GREEN, JESSE refund:sec dep:RR sprts prk 129882 0211212009 005311 H2O CERTIFIED POOL WATER Jan pool maint: CRC/TES SPCL. 129883 0211212009 000186 HANKS HARDWARE INC Hardware supplies: CRC 129884 02112/2009 012729 HEIN, KENNETH JAMES refund:prkg cit:overpayment 129885 0211212009 003198 HOME DEPOT. THE maintenance supplies: City Hall 129886 02112/2009 001186 IRWIN. JOHN 129887 0211212009 001282 KNORR SYSTEMS INC 129888 0211212009 012218 LAKE CHEVROLET 129889 02112/2009 012724 LYNN, DARLENE A. 129890 0211212009 003782 MAIN STREET SIGNS 129891 0211212009 004141 MAINTEX INC 129892 0211212009 012738 MANN, LORI 129893 021212009 004307 MARINE BIOCHEMISTS misc supplies: Children's Museum TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings pool maint supplies: CRCfrES vehicle repair/m aint:TCSD bus Release of Claim No. 08-639 misc street signs: PW Maint misc custodial supplies: Old Town misc custodial supplies: Maint Faciltiy misc custodial supplies: Maint Facility misc custodial supplies: MPSC misc custodial supplies: CRC misc custodial supplies: TCC misc custodial supplies: Fld Op Ctr misc custodial supplies: TV Museum refund:sec dep:crc rental Jan water quality maint:Harveston Amount Paid 442.27 38.56 -38.56 34.81 150.00 900.00 128.71 5.00 134.95 43.30 823.20 254.80 205.80 287.03 645.61 1,061.16 282.31 604.59 778.45 34.56 664.39 820.51 495.55 329.67 312.08 150.00 4,855.00 Page: 5 Check Total 442.27 34.81 150.00 900.00 128.71 5.00 178.25 1,283.80 287.03 645.61 1,061.16 282.31 4,039.80 150.00 4,855.00 Pagea apChkLst Final Check List Page: 6 02112(2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129894 0211212009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 478.80 TCSD Instructor Earnings 558.60 TCSD Instructor Earnings 273.00 1,310.40 129895 02112/2009 012730 MEL, SLEVIN refund:prkg cit:overpayment 55.00 55.00 129896 0211212009 006571 MELODY'S AD WORKS INC. Feb retainer:Old Town events 1,300.00 1,300.00 129897 0211212009 007210 MIDORI GARDENS irrigation repairs: Bahia Vista Pk 275.46 irrigation repairs: Bahia Vista Pk 211.53 irrigation repairs: Loma Linda Pk 217.62 irrigation repairs: Loma Linda Pk 214.29 irrigation repairs: Wolf Creek Pk 247.42 1,166.32 129898 0211212009 007669 MILES, KATRINA TCSD Instructor Earnings 525.00 525.00 129899 02112/2009 012580 MINUTEMAN PRESS window envelopes: Finance 1,062.54 business cards: Wgle, Elsa 116.96 1,179.50 129900 02112/2009 012646 MITCHELL, JAMES L. refund:sec dep:crc rental 150.00 150.00 129901 02112/2009 000883 MONTELEONE EXCAVATING emergency street maint: PW 1,953.00 1,953.00 129902 0211212009 001986 MUZAK-SOUTHERN CALIFORNIA Feb On hold music:telephone sys 98.18 98.18 129903 0211212009 002925 NAPA AUTO PARTS misc supplies:stn 84 41.75 41.75 129904 0211212009 012650 NATIONWIDE ADVERTISING Recognition items:recycling pgrm 340.63 340.63 129905 0211212009 012658 NELSON, CATHERINE refund:crc rental 48.00 48.00 129906 02/12/2009 010244 NO LIMITS SILK SCREEN 1st place softball awards:sports pgrm 6,116.38 6,116.38 129907 0211212009 002139 NORTH COUNTY TIMES Jan advertising: TCSD 580.61 Jan Advertising: Theater 1,840.56 2,421.17 129908 0211212009 002139 NORTH COUNTY TIMES Dec newspaper subscr:mpsc 29.38 29.38 129909 0211212009 012722 NORTON SIMON MUSEUM Excursion:mpsc 2125109 250.00 250.00 129910 02112/2009 009570 O C B REPROGRAPHICS Jan blueprint reproductions: PW CIP Div 806.26 806.26 Page6 apChkLst Final Check List Page: 7 02112(2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129911 0211212009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: Police 36.27 City Vehicle Maint Svcs:PW Maint 92.18 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW CIP 163.81 City Vehicle Maint Svcs:PW Traffic 79.37 City Vehicle Maint Svcs:TCSD 183.75 591.65 129912 02112/2009 011426 PDI FINANCIAL IMPREST refund:ping appl:dif reduct not nec 854.00 ACCOUNT refund:permit duplicated 3,806.00 4,660.00 129913 0211212009 009796 PERVO PAINT COMPANY supplies:pw traffic div 3,377.96 3,377.96 129914 0211212009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 252.00 252.00 129915 0211212009 006493 PROFESSIONAL WOMENS community expo:c.damko/g.wolnick 316 120.00 120.00 ROUNDTABLE 129916 0211212009 004529 QUAID TEMECULA HARLEY- Jan motorcycle repairlmaint:Police 2,796.42 2,796.42 DAV I DSON 129917 0211212009 002012 R D O EQUIPMENT COMPANY Parts & service for back hoe: PW Maint 2,516.92 2,516.92 129918 0211212009 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 115.18 115.18 129919 02112/2009 012726 RAYFORD, MEELYNDA TCSD Instructor Earnings 423.50 423.50 129920 02112/2009 004584 REGENCY LIGHTING Misc pool maint supplies:csd 348.14 348.14 129921 0211212009 003591 RENES COMMERCIAL Weed control: Citywide R-O-W's 4,981.25 4,981.25 MANAGEMENT 129922 0211212009 012727 RIALTO, CITY OF Ins. Req. wrkshp:R.Cardenas 2119 40.00 40.00 129923 0211212009 012148 RICHARDSON TECHNOLOGIES HVAC repair & maint:harveston park 120.00 INC HVAC repair & maint:city hall 673.06 HVAC repair & maint:library 261.00 1,054.06 129924 0211212009 000406 RIVERSIDE CO SHERIFFS DEPT 1112-15/09 abc grant reimb expense 71.16 71.16 129925 0211212009 001365 RIVERSIDE COUNTY OF Jul-Sep '08 vector control srvcs 4,869.51 4,869.51 Page:? apChkLst Final Check List Page: 8 02112(2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129926 0211212009 004822 RIVERSIDE TRANSIT AGENCY RTA shuttle: Festival of Lights 11129108 80.00 80.00 129927 0211212009 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 253.95 253.95 LIGHTING 129928 0211212009 008515 SAM DE FAZIOS GOODTIME Entertain ment:mpsc swing dance 2120 400.00 400.00 BAND 129929 02112/2009 004814 SIMON WONG ENGINEERING INC Dec Dsgn Srvcs:Main Street Bridge 5,038.95 5,038.95 129930 02112/2009 000645 SMART & FINAL INC Misc supplies:theater 101.89 Misc supplies:FAM pgrm 136.42 238.31 129931 02112/2009 000537 SO CALIF EDISON 2-02-351-5281 CRC 3,068.79 Jan 2-31-031-2590 27407 diaz ped 82.97 2-29-974-7899 Ynez Rd LS-3 131.28 2-29.479-2981 Temecula Pkwy 101.67 2-10-331-2153 TCC 787.00 2-29-657-2563 Various TCSD Meters 142.69 2-30-066-2889 Rancho Vista PED 15.82 2-20-798-3248 C. Museum 830.40 2-27-805-3194 Theater 3,424.20 2-28-629-0507 Library 6,487.46 2-02-502-8077 Maint Fac 1,169.70 2-00-397-5067 various mtrs 1,510.83 2-05-791-8807 various mtrs 11,157.57 28,910.38 129932 0211212009 007341 SOUTH COAST WINERY, INC. balance due:rental/catering:10/16108 329.39 329.39 129933 0211212009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:Pala Park 84.00 INC Jan pest control srvcs:City facilities 541.00 Pest control srvcs:Stn 73 48.00 Pest control srvcs:West Wing 84.00 757.00 129934 0211212009 012652 SOUTHERN CALIFORNIA, Jan xxx-0839:gen usage:pbsp 81.80 TELEPHONE COMPANY Jan xxx-0141:gen usage:mall pd 223.29 305.09 129935 0211212009 006145 STENO SOLUTIONS Jan '09 transcription srvcs:Police 964.00 964.00 TRANSCRIPTION 129936 0211212009 003840 STRONGS PAINTING Painting srvcs:west wing 1,700.00 1,700.00 129937 0211212009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 411.60 411.60 Page:B apChkLst Final Check List Page: 9 02112(2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129938 0211212009 012211 T.V.G.A. refund:sec dep:crc rental 150.00 150.00 129939 02112/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:children's museum 60.04 Misc supplies:theater 34.24 94.28 129940 02112/2009 012265 TEMECULA ACE HARDWARE CIO Misc Supplies:Parks 11.36 11.36 129941 02112/2009 009470 TEMECULA LIONS CLUB refund:crc rental 150.00 150.00 129942 0211212009 012733 TEMECULA SOUNDS refund:ping apps for TUP:cancelled 300.00 300.00 129943 0211212009 011736 TEMECULA TROPHY INC Recognition trophies:sports pgrm 696.93 696.93 129944 0211212009 000515 TEMECULA VALLEY CHAMBER 3/1109-311/10 mbrshp: T.C.C. 230.00 230.00 OF 129945 0211212009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:city hall/tcc 26.44 26.44 CENTR 129946 0211212009 003941 TEMECULA WINNELSON Plumbing supplies:City Hall 68.05 68.05 COMPANY 129947 0211212009 008379 THEATRE FOUNDATION, THE Recognition plaque:theatervolunteer 186.00 186.00 129948 02112/2009 010299 TONY TOBIN ELEMENTARY PTA refund:sec dep:crc rental 150.00 150.00 129949 02112/2009 012725 TRZOP, MICHELLE TCSD Instructor Earnings 1,803.20 TCSD Instructor Earnings 2,822.40 4,625.60 129950 0211212009 007766 UNDERGROUND SERVICE ALERT Jan undrgrnd svcs alert tickets:PW 220.50 220.50 129951 02112/2009 004864 V N W CIRCLE OF CARE INC CDBG reimb. for Circle of Care Prgm 9,000.00 9,000.00 129952 0211212009 004261 VERIZON xxx-1999 general usage 39.01 xxx-9897 general usage 87.80 xxx-8900 GIS Library 774.47 Feb xxx-4200 general usage 960.19 xxx-1540 Old Town Prk Lot 87.80 xxx-6620 general usage 32.84 xxx-7530 GIS Library 415.10 xxx-5180 79S Irrg Cntr 36.72 xxx-5509 general usage 144.23 2,578.16 Page9 apChkLst Final Check List Page: 10 02/12/2009 10:22:31AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 129953 0211212009 012739 WEEKLEY. JANINE (Continued) Description refund:sr line dancing:mpsc 129954 0211212009 003730 WEST COAST ARBORISTS INC Tree Removal Srvcs:Rrsp Tree removal srvcs: Pech. Pkwy ph II Tree trimming srvcs:win creek slopes Tree maint srvcs:mpscls.hicks prklc.h Tree trimming srvcs:var. City slopes 129955 0211212009 011740 WEST COAST LIGHTS & SIRENS Equip install: police vehicle INC Amount Paid 15.00 1,080.00 744.00 550.00 1,190.00 2,127.20 563.05 Grand total for UNION BANK OF CALIFORNIA: Check Total 15.00 5,691.20 563.05 228,430.68 Page:10 apChkLst Final Check List Page: 11 02/12/2009 10:22:31AM CITY OF TEMECULA 124 checks in this report. Grand Total All Checks: 228,430.68 Page:11 apChkLst Final Check List Page: 1 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1205 02123/2009 005460 U S BANK CFD 88-12 band '98 series A pmt 249,353.93 249,353.93 1206 0211212009 005460 U S BANK '08 COP Debt Service Pmt 534,047.02 534,047.02 1207 02119/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 126,086.49 126,086.49 RETIREMENT) 1208 02119/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,797.17 16,797.17 SOLUTION 1209 02119/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,067.86 2,067.86 SOLUTION 1210 02119/2009 000283 INSTATAX(IRS) Federal Income Taxes Payment 89,391.74 89,391.74 1211 02119/2009 000444 INSTATAX (EDD) State Disability Ins Payment 22,418.05 22,418.05 129956 0211912009 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 129957 02119/2009 012686 ASHTON, KATHLYN KEHAULANI sttlmnt:aloha at merc 214109 84.00 84.00 129958 0211912009 012583 BLANCA Y PRICE & COMPANY Lndscp Plan Check Srvcs:Planning 2,060.00 2,060.00 129959 0211912009 000128 BROWN & BROWN OF CALIF INC Deposit:W/C Premium xx51208 80,262.50 80,262.50 129960 0211912009 003138 CAL MAT PW patch truck asphalt materials 195.03 PW patch truck asphalt materials 198.91 PW patch truck asphalt materials 258.39 652.33 129961 02119/2009 005321 CALIF ASSOC OF CODE new mbrshp:CACEO:MC/PJ 150.00 150.00 129962 0211912009 000924 CALIF ASSOC OF PUBLIC 311109-2128110 mbrshp:M.Vollmuth 130.00 130.00 129963 0211912009 005384 CALIF BAGEL BAKERY & DELI refreshments:council mtg 2111 185.76 185.76 129964 02119/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 25.00 25.00 Page:1 apChkLst Final Check List Page: 2 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129965 02119/2009 004248 CALIF DEPT OF JUSTICE- Dec fingerprinting & livescan fees:pd 1,830.00 ACCTING Jan fingerprinting & livescan fees:pd 2,585.00 4,415.00 129966 02119/2009 004566 CALIF DEPT OF TOXIC haz mat fees:fs#84 cal 000263635 225.00 SUBSTANCES haz mat fees:city hall cal 000263633 225.00 haz mat fees:crc cal 000263634 225.00 675.00 129967 02/19/2009 010746 CENTEX HOMES INLAND EMPIRE refund:eng grad dep:TM23064 995.00 refund:eng grad dep:TM23064 995.00 1,990.00 129968 0211912009 009640 CERTIFION CORPORATION Jan online database subscription:pd 167.90 167.90 129969 0211912009 000137 CHEVRON AND TEXACO City vehiclesfuel:Police 854.89 854.89 129970 02119/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 131.00 131.00 129971 02119/2009 006303 CONDUIT NETWORKS, INC Network Client Srvcs:Library 112.50 112.50 129972 02119/2009 010785 D.R. HORTON, INC. refund:eng grad dep:TM31946 995.00 refund:eng grad dep:TM31946 995.00 refund:eng grad dep:TM31946 995.00 2,985.00 129973 0211912009 003962 DAVID NEAULT ASSOCIATES INC Ldscp inspection svc:pechanga ph II 2,731.25 2,731.25 129974 02119/2009 012746 DREAM DIAPERS refund:dupl pmt1business license 35.00 35.00 129975 02119/2009 008720 DRIVERS LICENSE GUIDE driv lic guide:police:thomas j 31.34 31.34 COMPANY 129976 02119/2009 002390 EASTERN MUNICIPAL WATER 95366-02:39656 Diego Dr 57.32 57.32 DIST 129977 02119/2009 000395 ECONOMIC DEVELOPMENT qtrly luncheon 1122 AAffM1GW1CDIME 200.00 200.00 CORP 129978 02119/2009 000164 ESGIL CORPORATION Jan Plan Review Services: B&S Dept. 3,023.89 3,023.89 129979 02119/2009 003665 EXCEL COMMERCIAL Jan long distance phone svcs 60.18 60.18 129980 02119/2009 001056 EXCEL LANDSCAPE Mainline repairs:temeku hills 290.17 Irrigation repair:Vintage Hills 207.56 Mainline repairs:librarylcrc 416.25 913.98 Paget apChkLst 02119/2009 1:59:25PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129981 02119/2009 009953 FEDERAL CLEANING Feb janitorial srvcs:police mall office 410.00 410.00 CONTRACTORS 129982 0211912009 010804 FEHR & PEERS ASSOCIATES 11129-12/26 EIR cnslt srvcs:liberty 700.00 700.00 129983 0211912009 001511 FIELDMAN ROLAPP & Jan financial svcs:roripaugh cfd 03-02 1,545.90 1,545.90 ASSOCIATES 129984 0211912009 011967 FULL VALUE ENTERTAINMENT sttlemnt:battle of bands 2113109 367.50 sttlemnt:battle of bands 216109 262.50 sttlemnt:battle of bands 1130109 157.50 787.50 129985 02119/2009 001937 GALLS INC Uniforms patches:police volunteers 4.00 4.00 129986 02119/2009 012198 GATHRIGHT, LARRY reimb:GAP Trng 1112-13 Seaside,Ca 32.26 32.26 129987 0211912009 000177 GLENN IES OFFICE PRODUCTS Jan Office Supplies:CM 448.86 INC Jan Office Supplies: RDA 136.13 Jan Office Supplies:CRC 112.00 Jan Office Supplies:TCC 26.25 Jan Office Supplies:TCSD 257.61 Jan Office Supplies: Planning 603.37 Jan Office Supplies:Theater 48.48 Jan Office Supplies:City Clerk 51.70 Jan Office Supplies:PW 216.25 1,900.65 129988 0211912009 009608 GOLDEN VALLEY MUSIC sttlemnt:jan 4,11,18'09:Merc 563.50 563.50 SOCIETY 129989 0211912009 011445 GRACE PRESBYTERIAN CHURCH refund:eng grad dep:PM1144-46 995.00 995.00 Page3 apChkLst 02119/2009 1:59:25PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 129990 02119/2009 000186 HANKS HARDWARE INC Jan hardware supplies:CRC 431.38 Jan hardware supplies:City Hall/Library 37.64 Jan hardware supplies:Fire StnslPrev 185.84 Jan hardware supplies:PW Traffic 230.59 Jan hardware supplies:Old Town 5.79 Jan hardware supplies:PW Maint 580.95 Jan hardware supplies:Sports Prgm 206.62 Jan hardware supplies:B&S Dept 72.71 Jan hardware supplies:Aquatics 25.60 Jan hardware supplies:Parks 1,070.78 Jan hardware supplies:C. Museum 40.71 Jan hardware supplies:West Wing 10.32 Jan hardware supplies:City Hall 291.85 Jan hardware supplies:T.Museum 11.83 Jan hardware supplies:MPSC 96.73 Jan hardware supplies:Theater 7.52 3,306.86 129991 02119/2009 003543 HERMAN WEISSKER INC release retention:O.T. Infrastructure 11,740.20 11,740.20 129992 0211912009 003198 HOME DEPOT, THE Misc supplies:childrens mus refurb 194.29 194.29 129993 0219/2009 012741 HONDA OF TEMECULA refund:eng grad dep:TM23496 995.00 995.00 129994 02119/2009 001517 HORIZON HEALTH Feb employee assistance prgrm: HR 862.40 862.40 129995 0211912009 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,737.38 8,737.38 303355 129996 0211912009 006914 INNOVATIVE DOCUMENT Fax machine supplies:central srvcs 384.67 384.67 SOLUTIONS 129997 0211912009 003296 INTL CODE COUNCIL 08 ca green bldg std chp 11 33.36 3336 129998 0211912009 003266 IRON MOUNTAIN OFFSITE Tape storage:city clerktrecords 555.26 555.26 129999 02119/2009 012740 JEFFREY E. KARPEL, AS release claims agreement payment 6,008.80 6,008.80 TRUSTEE FOR USAA 130000 02119/2009 001091 KEYSER MARSTON ASSOCIAT ES Oct consulting srvcs:Affrdbl Housing 827.50 INC Jan consulting srvcs:Affrdbl Housing 12,793.76 13,621.26 130001 02119/2009 001282 KNORR SYSTEMS INC pool maintenance supplies: crc & tes 178.96 178.96 Page-.4 apChkLst Final Check List Page: 5 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 130002 02119/2009 012742 LAKEY, ANDY JOHN & CHANTAL refund:eng grad dep:TM9833-2 lot 5 995.00 995.00 130003 0211912009 004174 LIGHT IMPRESSIONS Misc exhibition supplies:history mus 112.78 112.78 130004 0211912009 010549 LOWE'S OF TEMECULA ofc equip:FOCAre marshall ofc 323.30 323.30 130005 0211912009 004141 MAINTEX INC Misc custodial supplies:crc 60.34 60.34 130006 02119/2009 010974 MATRIX CONSULTING GROUP User fee & DIF study:finance 40,424.00 40,424.00 130007 02119/2009 009541 MEYER AND ASSOCIATES Sep-Dec Dsgn Srvcs:Tcc Expansion 795.00 Jan Dsgn Srvcs:Tcc Expansion 1,116.00 1,911.00 130008 02119/2009 007201 MICROTRANS INC Software upgrade:PWTraffic 250.00 250.00 130009 0211912009 012556 MIDNIGHT MUSIC MOBILE DJ Entertainment:F/D date night 2121 350.00 350.00 130010 0211912009 007210 MIDORI GARDENS Irrigation repairs: Butterfield Stage 103.72 Irrigation repairs:Redhawk Park 66.35 Jan Idscp srvcs: Parks 70,105.00 70,275.07 130011 02119/2009 012743 MINEGAR CONTRACTING refund:eng grad dep:TM23561-1 995.00 refund:eng grad dep:TM23561-1 995.00 1,990.00 130012 02119/2009 000973 MIRACLE RECREATION Playground Parts: Kent Hintergardt Park 443.85 443.85 EQUIPMENT 130013 02119/2009 001892 MOBILE MODULAR 12/29-1127 Modular bldg rental:TCCIOAC 832.41 1128-2126 Modular bldg rental:TCCIOAC 832.41 1,664.82 130014 0211912009 012744 NABER, FIRAS refund:eng deposit/PM 9095 pcl.4 995.00 995.00 130015 0211912009 002925 NAPA AUTO PARTS misc supplies: stn 84 11.30 11.30 130016 0211912009 010504 NEXTEL COMMUNICATIONS Dec 26 - Jan 25 cellular usage 1,343.25 1,343.25 130017 02119/2009 009337 NOLTE ASSOCIATES INC 12/26-01122 dsgn srvcs:ped bridge 508.61 508.61 130018 02119/2009 002139 NORTH COUNTY TIMES Jan public notice ads: City Clerk/Pln 536.13 536.13 Pagea apChkLst Final Check List Page: 6 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 130019 02119/2009 002139 NORTH COUNTY TIMES Jan newspaper subscr:mpsc 28.99 28.99 130020 0211912009 012320 ODYSSEY DANCE THEATRE Performance:Theater 02127-28109 12,000.00 12,000.00 130021 0211912009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: Police Cap 36.27 City Vehicle Maint Svcs:Code Enf 55.94 92.21 130022 02119/2009 001171 ORIENTAL TRADING COMPANY Misc rec supplies:children's museum 35.94 INC supplies:emp qrtly recog lunch 155.83 191.77 130023 0211912009 004538 PAULEY EQUIPMENT COMPANY various equipment repair: tcsd 124.82 124.82 130024 0211912009 003663 PECHANGA BAND OF LUISENO 11124-12112 Tribal Monitoring:Civic Ctr 7,825.00 10127-11121 Tribal Monitoring:Civic Ctr 14,375.00 22,200.00 130025 0211912009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 130026 0211912009 000249 PETTY CASH Petty Cash Reimbursement 901.11 901.11 130027 02119/2009 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals: aquatics 297.66 297.66 INC 130028 02119/2009 000253 POSTMASTER Express Mail & Postal Svcs 32.90 32.90 130029 02119/2009 009525 PROVIDENCE ORTHODOX sec deposit/Promise Proven Life 1127 257.00 257.00 130030 0211912009 005075 PRUDENTIAL OVERALL SUPPLY Jan Uniform/Flr MatfTwl Rntl:City Facs 1,346.85 1,346.85 130031 0211912009 000262 RANCHO CALIF WATER DISTRICT Jan 01-05-61993-0 FOC 37.65 Jan 01-05-11040-1 FOC 100.62 Jan 01-05-11042-1 43034 bus bldg 1&4 14.64 Jan 01-05-11037-1 City Hall 424.14 Jan 01-04-47210-0 TES Pool 72.35 Jan 01-00-20007-1 Wolf Creek Dr N 73.50 Various Water Meters:TCSD 12,550.58 Various Water Meters:PW 671.03 Various Water Meters: Fire 517.01 14,461.52 130032 0211912009 000271 RBF CONSULTING Dec Geo Dsgn(fraffic Analysis:Ult.lntrch 783.85 783.85 Page6 apChkLst Final Check List 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 130033 02119/2009 004498 REPUBLIC INTELLIGENT NovT/S Repair & Maint: PW 130034 0211912009 002412 RICHARDS WATSON & GERSHON Dec 2008 legal services 130035 0211912009 000353 RIVERSIDE CO AUDITOR Oct '08 parking citation asmnts Nov'08 parking citation asmnts Sept'08 parking citation asmnts Dec '08 parking citation asmnts 130036 02119/2009 006815 SAN DIEGO, COUNTY OF Support Payment 130037 02119/2009 009980 SANBORN, GWYN Country @ the Merc 2114109 Country @ the Merc 2/7109 Country @ the Merc 1131109 130038 02119/2009 010089 SECURITAS SECURITY SRVCS Jan security srvcs:Redhawk Dog Prk USA Jan security srvcs:Harveston Lake 130039 02119/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Pmt 130040 02119/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Pmt 130041 0219/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Pmt 130042 02119/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Pmt 130043 02119/2009 009213 SHERRY BERRY MUSIC 130044 02119/2009 000645 SMART & FINAL INC 130045 0211912009 000537 SO CALIF EDISON Jazz @ the Merc 215109 Jazz @ the Merc 1129109 Jazz @ the Merc 2112109 Misc supplies:mpsc Misc supplies:father/daughter date nite 2-01-202-7330 various mtrs 2-01-202-7603 arterial st lights Feb 2-26-887-0789 various mtrs Jan 2-30-608-9384 28582 harveston 130046 02119/2009 007711 SO CALIF PUBLIC POOL City membership: G.Willcox OPERATORS 130047 02119/2009 002503 SOUTH COAST AIR QUALITY emissionsfee:Roripaugh Stn serv stat storageldispensing:Roripaugh Amount Paid 1,856.00 93,684.12 14,064.32 9,374.00 11,568.67 11,350.00 12.50 804.00 456.00 295.50 1,575.00 3,307.50 404.35 362.50 200.00 100.00 346.50 262.50 294.00 126.25 304.23 69,734.89 25,086.35 1,536.30 275.61 30.00 109.00 86.69 Page: 7 Check Total 1,856.00 93,684.12 46,356.99 12.50 1,555.50 4,882.50 404.35 362.50 200.00 100.00 903.00 430.48 96,633.15 30.00 195.69 Page.-7 apChkLst 02119/2009 1:59:25PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 130048 02119/2009 005786 SPRINT Dec 26 - Jan 25 cellular usage/equip 6,107.43 Dec 26 - Jan 25 equipment: Police 91.69 6,199.12 130049 0211912009 009805 STANDARD PACIFIC OF INLAND refund:eng grad dep:TM30264-5 995.00 refund:eng grad dep:TM30264-3 995.00 refund:eng grad dep:TM30264-1 995.00 2,985.00 130050 0211912009 009452 STRAWN, WILLIAM R. Reimb:Theatersupplies 344.77 344.77 130051 02119/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:father/daugther date nite 143.02 Misc supplies:theater 72.18 Misc supplies:children's museum 73.81 289.01 130052 02119/2009 009500 TEMEC ELECTRONICS, INC Jan tools & equipment: PW TraflLibrary 417.78 417.78 130053 0211912009 000310 TEMECULA CREEK INN INC htl accommodations: Dec '08 Santa Claus 696.79 696.79 130054 0211912009 001035 TEMECULA ENVIRONMENTAL Jul-Dec'08 trash hauling services -49,483.49 Jul-Dec'08 trash hauling services 2,785,031.04 2,735,547.55 130055 02119/2009 005633 TEMECULA MIDDLE SCHOOL Entertain ment:old town holiday 12113108 150.00 150.00 130056 02119/2009 011736 TEMECULA TROPHY INC Recognition awards:Holiday Parade 288.38 288.38 130057 02119/2009 010046 TEMECULA VALLEY Dec'08 Bus. Imprv District Asmnts 31,484.35 31,484.35 CONVENTION & 130058 02119/2009 000312 TEMECULA VALLEY PLAYHOUSE V-Day Temecula'09 2111109 6,670.50 6,670.50 130059 02119/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:CRC 328.89 328.89 CENTR 130060 02119/2009 003941 TEMECULA WINNELSON Plumbing supplies:City Hall 113.41 113.41 COMPANY 130061 0211912009 003031 TRAFFIC CONTROL SERVICE INC Jan repair/maint arrowboard: PW Maint 1,910.70 1,910.70 130062 0211912009 010276 TW TELECOM Feb high speed intemet:fire 44.95 Feb high speed internet:city hall 183.38 228.33 130063 0211912009 012184 TWIN REVERB PRODUCTIONS Performance:Theater 2120109 3,255.00 3,255.00 INC Page:B apChkLst Final Check List Page: 9 02119/2009 1:59:25PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 130064 02119/2009 000325 UNITED WAY United Way Charities Payment 63.00 63.00 130065 0211912009 003497 VAIL RANCH MIDDLE SCHOOL Entertain ment:old town holiday 12/13108 150.00 150.00 130066 02119/2009 004794 VALLEY WINDS COMMUNITY Entertain ment:old town holiday 12/13108 150.00 150.00 130067 02119/2009 004261 VERIZON Jan xxx-0049 General usage 44.79 Feb xxx-2372 Wlf Crk Irrg Cntrl 33.73 Feb xxx-0682 Civic Center Camera 91.58 Feb xxx-6812 General usage 87.80 Feb xxx-7562 Irrigation controller 35.64 Feb xxx-1341 Theater 431.01 Feb xxx-1941 PTA CD TTACSD 68.79 Feb xxx-3910 1st St Irrigation 36.72 830.06 130068 02119/2009 012197 VIOLETTE, KENNETH reimb:GAP Trng 1112-13 Seaside,Ca 58.02 58.02 130069 02119/2009 009101 VISION ONE INC Jan ticketing software license:theater 1,572.00 1,572.00 130070 02119/2009 001890 VORTEX DOORS garage door repair: stn 92 590.00 590.00 130071 0211912009 012749 WARMINGTON PASEO II refund:eng grad dep:TM24186-3 995.00 995.00 ASSOCIATES 130072 0211912009 006612 WEATHERPROOFING TECH, INC roof repair:fire stn 73 525.00 525.00 130073 0211912009 003730 WEST COAST ARBORISTS INC 1116-31109 tree trimming srvcs:citywide 12,070.00 12,070.00 130074 0211912009 011740 WEST COAST LIGHTS & SIRENS equip repair: police 130.00 INC Equip Installation:Police Vehicle 19,875.42 20,005.42 130075 0211912009 012576 WINGS OF PRAISE Entertain ment:old town holiday 11129108 100.00 100.00 130076 02119/2009 007701 WOLF CREEK DEVELOPMENT, refund:eng grad dep:TM29305 lot 26 995.00 995.00 LLC 130077 02119/2009 012745 WOLF CREEK PA10 GREEN CT. refund:eng grad dep:TM33124 995.00 995.00 130078 02119/2009 012360 WOODSIDE HOMES OF refund:eng grad dep:TM33125 995.00 CALIFORNIA refund:eng grad dep:TM33124 995.00 refund:eng grad dep:TM33125 995.00 2,985.00 Page9 apChkLst Final Check List Page: 10 0211912009 1:59:25PM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 4,452,634.88 Page:10 apChkLst Final Check List Page: 11 0211912009 1:59:25PM CITY OF TEMECULA 130 checks in this report. Grand Total All Checks: 4,452,634.88 Page:11 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 10, 2009 SUBJECT: City Treasurer's Report as of January 31, 2009 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of January 31, 2009. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of January 31, 2009. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of January 31, 2009 City of Temecula City of Temecula, California 43200 Business Park Drive I Portfolio Management P O . Box 9033 Temecua CA, 92590 I'►~tv Portfolio Summary (951 )694-6430 January 31, 2009 Par Market Book %of Daysto YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Bank 873,983.53 873,983.53 873,983.53 0.39 1,177 577 5.600 5.678 Managed Pool Accounts 108,790,496.66 108,790,496.66 108,790,496.66 48.04 1 1 2.247 2.278 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 49,662,720.01 49,781,052.45 49,662,720.01 21.93 1 1 2.743 2.781 Commercial Paper - Interest Bearing 5,236,000.00 5,233,905.60 5,236,000.00 2.31 178 29 3.310 3.356 Federal Agency Callable Securities 49,000,000.00 49,832,740.00 48,996,937.50 21.64 1,348 1,063 3.991 4.047 Federal Agency Bullet Securities 10,879,000.00 11,068,091.99 10,855,601.99 4.79 841 617 3.632 3.682 Investment Contracts 2,031,468.76 2,031,468.76 2,031,468.76 0.90 6,979 3,134 5.509 5.585 226,473,671.96 227,611,741.99 226,447,211.45 100.00% 404 291 2.866 2.906 Investments Cash Passbook/Checking 5,598,188.48 5,598,188.48 5,598,188.48 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 232,071,860.44 233,209,930.47 232,045,399.93 404 291 2.866 2.906 Total Earnings January3l Month Ending Fiscal Year To Date Current Year 531,713.25 5,025,016.03 Average Daily Balance 221,473,740.31 Effective Rate of Return 2.83% Reporting period 01/01/2009-01/31/2009 Portfolio TEME CID Run Date: 0025+2009 -12:01 PM (PRF_PM1) SymRept 6.41.202a Report Ver.5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2009 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453518.2 88.12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 5.600 5.678 577 09/01/2010 5.600 5.678 577 Managed Pool Accounts 122216003.2 CIT Y COP RE2 104348008-1 01- 2 IMP 2 104348006.4 01. 2 RESA2 104348016-3 01- 2 RESB2 104348000.4 01. 2 SPTAX2 94669911-2 03- 1 ACQA2 94669921.3 03. 1 ACQB3 94669902-3 03- 1 BOND3 94669906.3 03. 1 RES A3 94669916-2 03- 1 RES e2 94669900.4 03. 1 SPTAX1 793593011-2 03- 2 AGO 2 793593009.2 03. 2 EMW D 2 793593007-2 03- 2 IMP 2 793593016.4 03. 2 LOC 2 793593010-2 03- 2 PWADM2 793593006.2 03. 2 RES 2 793593000-3 03- 2 SPTX2 744727011.2 03. 3 ACQ2 744727002-2 03- 3 BOND 2 744727007.2 03. 3 CITY2 744727009 03- 3 EMW D 1 744727006.3 03. 3 RES3 744727000-4 03- 3 SP TX 4 94686001.2 03. 4 ADMIN2 94686005-1 03- 4 PREP1 94686000.1 03. 4 RED1 94686006-2 03- 4 RES2 786776002.2 03. 6 BOND2 786776007-2 03- 61MP2 786776006.2 03. 6 RES2 786776000-3 03- 6 SP TX3 95453510.2 88. 12 BOND2 95453518-4 88- 12 G14 Run Date: 02/25/2009 - 12 01 ASSURED GUARANTY 07/01/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 12208/2008 257,044.33 257,044.33 257,044.33 0.540 0.533 0.540 1 First American Treasury 12/08/2008 83.55 83.55 83.55 0.540 0.533 0.540 1 First American Treasury 12208/2008 41.36 41.36 41.36 0.530 0.523 0.530 1 First American Treasury 12208/2008 65.21 65.21 65.21 0.540 0.533 0.540 1 First American Treasury 12J08/2008 4,270.67 4,270.67 4,270.67 0.530 0.523 0.530 1 First American Treasury 12208/2008 15,10621 15,106.21 15,106.21 0.530 0.523 0.530 1 First American Treasury 12208/2008 0.34 0.34 0.34 0.540 0.533 0.540 1 First American Treasury 12208/2008 21,278.38 21,278.38 21,278.38 0.530 0.523 0.530 1 First American Treasury 12208/2008 2,309.75 2,309.75 2,309.75 0.530 0.523 0.530 1 First American Treasury 12/08/2008 68.01 68.01 68.01 0.530 0.523 0.530 1 First American Treasury 12208/2008 91,989.19 91,989.19 91,989.19 0.530 0.523 0.530 1 First American Treasury 12208/2008 4,227.52 4,227.52 4,227.52 0.530 0.523 0.530 1 First American Treasury 12J08/2008 3,440.54 3,440.54 3,440.54 0.530 0.523 0.530 1 First American Treasury 12208/2008 415.98 415.98 415.98 0.530 0.523 0.530 1 First American Treasury 12J08/2008 1,318.73 1,318.73 1,318.73 0.530 0.523 0.530 1 First American Treasury 12208/2008 367.39 367.39 367.39 0.530 0.523 0.530 1 First American Treasury 12208/2008 88.77 88.77 88.77 0.530 0.523 0.530 1 First American Treasury 12204/2008 147,079.59 147,079.59 147,079.59 0.530 0.523 0.530 1 First American Treasury 12J04/2008 0.51 0.51 0.51 0.530 0.523 0.530 1 First American Treasury 12204/2008 300.25 300.25 300.25 0.530 0.523 0.530 1 First American Treasury 0.15 0.15 0.15 0.960 0.947 0.960 1 First American Treasury 12204/2008 2,218,097.96 2,218,097.96 2,218,097.96 0.530 0.523 0.530 1 First American Treasury 12104/2008 92.97 92.97 92.97 0.530 0.523 0.530 1 First American Treasury 12204/2008 6,764.27 6,764.27 6,764.27 0.530 0.523 0.530 1 First American Treasury 12!04/2008 4,069.97 4,069.97 4,069.97 0.530 0.523 0.530 1 First American Treasury 12204/2008 1,880.60 1,880.60 1,880.60 0.530 0.523 0.530 1 First American Treasury 12204/2008 5,741.48 5,741.48 5,741.48 0.530 0.523 0.530 1 First American Treasury 12208/2008 0.02 0.02 0.02 0.530 0.523 0.530 1 First American Treasury 12J08/2008 871.78 871.78 871.78 0.530 0.523 0.530 1 First American Treasury 12208/2008 292.04 292.04 292.04 0.530 0.523 0.530 1 First American Treasury 12108/2008 206.32 206.32 206.32 0.530 0.523 0.530 1 First American Treasury 12208/2008 2,781.19 2,781.19 2,781.19 0.530 0.523 0.530 1 First American Treasury 12208/2008 41,564.37 41,564.37 41,564.37 0.535 0.528 0.535 1 Portfolio TEME CP PM (PRF_PM2) SyrnRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2009 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003.4 CITY COP RE4 First American Treasury 12208/2008 541. 88 541. 88 541.88 0.530 0.523 0.530 1 1 2221 6008-3 CITY COPCIP2 First American Treasury 12104/2008 235,164. 52 235,164. 52 235,164.52 0.000 0.000 1 122216000.2 CITYCOPLPF2 First American Treasury 12/08/2008 41,081. 74 41,081. 74 41,081.74 0.530 0.523 0.530 1 94434160-1 RDA 02 INT1 First American Treasury 12208/2008 659,708. 22 659,708. 22 659,708.22 0.530 0.523 0.530 1 94434161.2 RDA 02 PRIN2 First American Treasury 12208/2008 143. 91 143. 91 143.91 0.530 0.523 0.530 1 107886008-2 RDA 06 CIPA2 First American Treasury 12208/2008 19,375. 73 19,375. 73 19,375.73 0.530 0.523 0.530 1 107886000.2 RDA 06A INT2 First American Treasury 12J0S12008 378,418. 22 378,418. 22 378,418.22 0.530 0.523 0.530 1 1 0788601 8-3 RDA 06B CIP3 First American Treasury 12!08/2008 6,821. 77 6,821. 77 6,821.77 0.530 0.523 0.530 1 107886010.2 RDA 06B INT2 First American Treasury 12/08/2008 0. 00 0. 00 0.00 0.530 0.523 0.530 1 1 0788601 6-2 RDA 06B RES2 First American Treasury 12!08/2008 202,206. 15 202,206. 15 202,206.15 0.530 0.523 0.530 1 107886030.2 RDA 07 CAP12 First American Treasury 12208/2008 470. 57 470. 57 470.57 0.530 0.523 0.530 1 107886027-2 RDA 07 ESC2 First American Treasury 12208/2008 454. 63 454. 63 454.63 0.530 0.523 0.530 1 107886020.2 RDA 07 INT2 First American Treasury 12208/2008 37 .51 37. 51 37.51 0.530 0.523 0.530 1 107886028-2 RDA 07 PROJ2 First American Treasury 12J08/2008 17,322. 64 17,322. 64 17,322.64 0.530 0.523 0.530 1 107886026.2 RDA 07 RES2 First American Treasury 12108.12008 91. 42 91. 42 91.42 0.530 0.523 0.530 1 94432360-2 TCSD COP INT First American Treasury 12/08/2008 70. 60 70. 60 70.60 0.530 0.523 0.530 1 793593011.1 03.2-1 ACQUI CA Local Agency Investment Fun 42,340,622. 72 42,340,622. 72 42,340,622.72 2.353 2.321 2.353 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,538,196. 78 1,538,196. 78 1,538,196.78 2.353 2.321 2.353 1 793593007.1 03.2-1 IMPRO CA Local Agency Investment Fun 1,183,471. 96 1,183,471. 96 1,183,471.96 2.353 2.321 2.353 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 636,842. 52 636,842. 52 636,842.52 2.353 2.321 2.353 1 793593006.3 03.2-3 RESER CA Local Agency Investment Fun 3,550,850. 75 3,550,850. 75 3,550,850.75 2.353 2.321 2.353 1 122216008 CITY COP CIP CA Local Agency Investment Fun 22,587,770. 46 22,587,770. 46 22,587,770.46 2.353 2.321 2.353 1 122216003.1 CITY COP RE1 CA Local Agency Investment Fun 809,618. 87 809,618. 87 809,618.87 2.353 2.321 2.353 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 13,175,050. 15 13,175,050. 15 13,175,050.15 2.353 2.321 2.353 1 107886018.2 RDA 06 CIP-2 CA Local Agency Investment Fun 3,018,570. 83 3,018,570. 83 3,018,570.83 2.353 2.321 2.353 1 107886030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 360,888. 64 360,888. 64 360,888.64 2.353 2.321 2.353 1 107886027.1 RDA 07 ESC-1 CA Local Agency Investment Fun 4,203,313. 32 4,203,313. 32 4,203,313.32 2.353 2.321 2.353 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 10,146,235. 20 10,146,235. 20 10,146,235.20 2.353 2.321 2.353 1 107886026.1 RDA 07 RES-1 CA Local Agency Investment Fun 845,292. 55 845,292. 55 845,292.55 2.353 2.321 2.353 1 107886006 RDA 06 RES A MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 Subtotal and Average 107,885,136.63 108,790,496.66 108,790,496.66 108,790,496.66 2.247 2.278 1 Letter of Credit 104348006.1 02008 ASSURANCE CO BOND INSURANCE 793593006-2 02006 Citibank, N.A. 793593006.1 02005 Ohio Savings Bank Subtotal and Average 3.00 Run Date: 02/25/2009 - 12 01 07/01/2008 1.00 1.00 1.00 0.000 0.000 1 07/01/2008 1.00 1.00 1.00 0.000 0.000 1 07/01/2008 1.00 1.00 1.00 0.000 0.000 1 3.00 3.00 3.00 0.000 0.000 1 Portfolio TEME CID PM (PRF_PM2) SyrnRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2009 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911.1 03.1 ACQ A2 CA Local Agency Investment Fun 1,495,054.10 1,495,054.10 1,495,054.10 2.353 2.321 2.353 1 94669921-1 03-1 ACQ e2 CA Local Agency Investment Fun 3,823,066.10 3,823,066.10 3,823,066.10 2.353 2.321 2.353 1 744727011.1 03.3 ACQ 2 CA Local Agency Investment Fun 3,830,963.23 3,830,963.23 3,830,963.23 2.353 2.321 2.353 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 733,025.97 733,025.97 733,025.97 2.353 2.321 2.353 1 786776007.1 03.6 IMP 1 CA Local Agency Investment Fun 512,007.80 512,007.80 512,007.80 2.353 2.321 2.353 1 SYSCITY CITY CA Local Agency Investment Fun 19,086,252.81 19,143,767.53 19,086,252.81 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 10,960,385.24 10,993,413.39 10,960,385.24 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,221,964.76 9,249,754.33 9,221,964.76 2.894 2.854 2.894 1 Subtotal and Average 41,233,787.79 49,662,720.01 49,781,052.45 49,662,720.01 2.743 2.781 1 Commercial Paper - Interest Bearing 104348006-3 01-2 RES A 2 American International Group M 09/05/2008 447,500.00 447,321.00 447,500.00 3.310 3.310 3.356 29 03/0212009 104348016.2 01.2 RES B 2 American International Group M 09/05/2008 206,000.00 205,917.60 206,000.00 3.310 3.310 3.356 29 03/0222009 104348000-3 01-2 SP TX 3 American International Group M 09/05/2008 81,600.00 81,567.36 81,600.00 3.310 3.310 3.356 29 03/0212009 94669916.3 03.1 RES B 3 American International Group M 09/05/2008 226,550.00 226,459.38 226,550.00 3.310 3.310 3.356 29 03/02/2009 94669900-3 03-1 SP TX 3 American International Group M 09/05/2008 162,700.00 162,634.92 162,700.00 3.310 3.310 3.356 29 03/0212009 793593016.3 03.2 LOO-3 American International Group M 09/05/2008 3,504,400.00 3,502,998.24 3,504,400.00 3.310 3.310 3.356 29 03/0222009 793593000-2 03-2 SP TX 2 American International Group M 09,05/2008 130,100.00 130,047.96 130,100.00 3.310 3.310 3.356 29 03/0212009 744727000.3 03.3 SP TX 3 American International Group M 09/05/2008 40,750.00 40,733.70 40,750.00 3.310 3.310 3.356 29 03/02/2009 94686006-3 03-4 RES 3 American International Group M 09/05/2008 93,300.00 93,262.68 93,300.00 3.310 3.310 3.356 29 03/0212009 786776006.3 03.6 RES 3 American International Group M 09/05/2008 343,100.00 342,962.76 343,100.00 3.310 3.310 3.356 29 03/0222009 Subtotal and Average 5,236,000.00 5,236,000.00 5,233,905.60 5,236,000.00 3.310 3.356 29 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,025,940.00 1,000,000.00 5.000 4.932 5.000 1,335 09/28/2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 2,021,880.00 2,000,000.00 3.590 3.541 3.590 1,100 02/06/2012 31331YQX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 2,001,260.00 2,000,000.00 3.000 2.959 3.000 375 02/11/2010 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 2,041,260.00 2,000,000.00 3.750 3.699 3.750 1,471 02111/2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 1,003,130.00 1,000,000.00 3.150 3.107 3.150 781 03/24/2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 2,020,000.00 2,000,000.00 4.150 4.093 4.150 1,226 06/11/2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,025,620.00 2,000,000.00 4.230 4.172 4.230 879 06/30/2011 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,025,310.00 1,000,000.00 3.950 3.896 3.950 894 07/15/2011 31331Y4G2 01106 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,010,940.00 1,000,000.00 3.300 3.255 3.300 542 07/28/2010 31331Y4H0 01107 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,012,810.00 1,000,000.00 3.750 3.699 3.750 907 07/28/2011 31331Y5N6 01112 Federal Farm Credit Bank 08/20/2008 1,000,000.00 1,017,810.00 1,000,000.00 4.250 4.192 4.250 1,296 08/20/2012 31331Y5J5* 01113 Federal Farm Credit Bank 08/21/2008 1,000,000.00 1,015,630.00 1,000,000.00 4.020 3.965 4.020 1,115 02/21/2012 31331Y5T3 01115 Federal Farm Credit Bank 08/11/2008 1,000,000.00 1,015,000.00 1,000,000.00 4.000 3.945 4.000 921 08/11/2011 31331Y5V8 01117 Federal Farm Credit Bank 08/26/2008 1,000,000.00 1,018,130.00 1,000,000.00 4.400 4.340 4.400 1,667 08/26/2013 Portfolio TEME CP Run Date: 02/25/2009 - 1201 PM (PRF_PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2009 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 31331GAP4 01122 Federal Farm Credit Bank 09/04/2008 1,000,000.00 1,018,750.00 1,000,000.00 4.250 4.192 4.250 1,311 09/04/2012 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,022,810.00 1,000,000.00 5.650 5.573 5.650 1,275 07/30/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,007,500.00 2,000,000.00 5.330 5.256 5.329 1,129 03/06/2012 3133XM5R8 01073 Federal Home Loan Bank 08'28/2007 1,000,000.00 1,022,190.00 1,000,000.00 5.080 5.011 5.080 936 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28.12007 1,000,000.00 1,023,750.00 1,000,000.00 5.220 5.135 5.206 1,304 08/28/2012 3133XQEF5 01089 Federal Home Loan Bank 04,02/2008 1,000,000.00 1,004,690.00 1,000,000.00 3.800 3.748 3.800 1,156 04/0212012 3133XQY48 01093 Federal Home Loan Bank 04/28/2008 1,000,000.00 1,005,940.00 1,000,000.00 3.600 3.551 3.600 999 10/28/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,035,630.00 1,000,000.00 4.050 3.993 4.049 1,086 01/23/2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,014,380.00 1,000,000.00 4.000 3.946 4.001 1,184 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,039,380.00 1,000,000.00 4.220 4.162 4.220 1,275 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,028,750.00 1,000,000.00 4.125 4.068 4.125 922 08/1212011 3133XRXX3 01116 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,037,500.00 1,000,000.00 4.070 4.014 4.070 1,296 08/20/2012 3133XRYN4 01118 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,012,810.00 1,000,000.00 3.375 3.329 3.375 565 08/20/2010 3133XRZN3 01119 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,016,250.00 999,750.00 4.000 3.953 4.008 1,121 02/27/2012 3133XS2J6 01120 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,012,190.00 1,000,000.00 3.375 3.329 3.375 572 08/27/2010 3133XS3A4 01121 Federal Home Loan Bank 08/28/2008 1,000,000.00 1,014,060.00 1,000,000.00 3.625 3.559 3.609 757 02/28/2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,008,440.00 1,000,000.00 5.250 5.178 5.250 1,170 04./16/2012 3128X61-61 01084 Federal Home Loan Mtg Corp 02!04/2008 2,000,000.00 2,000,380.00 2,000,000.00 4.000 3.945 4.000 1,464 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2008 2,000,000.00 2,019,480.00 2,000,000.00 4.000 3.945 4.000 1,219 06/04/2012 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,119,380.00 2,000,000.00 4.000 3.945 4.000 1,499 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,060,940.00 1,000,000.00 4.000 3.945 4.000 1,515 03/27/2013 3136179MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 1,005,000.00 1,000,000.00 3.000 2.959 3.000 453 04/30/2010 3136F9UF8 01097 Federal National Mtg Assn 06/24./2008 1,000,000.00 1,010,000.00 1,000,000.00 3.600 3.551 3.600 691 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,011,250.00 997,187.50 4.000 4.044 4.101 873 06/24/2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2008 1,000,000.00 1,012,190.00 1,000,000.00 4.000 3.945 4.000 516 07/0222010 3136F9YW7 01108 Federal National Mtg Assn 08/05/2008 1,000,000.00 1,014,380.00 1,000,000.00 4.000 3.945 4.000 915 08/05/2011 Subtotal and Average 49,448,550.40 Federal Agency Bullet Securities 31331XMQ2 01059 31331YG46 01092 31331Y3P3 01105 31331 Y3N8 01111 3133XRRU6 01101 3133XSDC9 01123 3133XSWM6 01124 94669906.2 03.1 RESA3 3136F9ZU0 01114 Run Date: 02/25/2009 - 12 01 49,000,000.00 49,832,740.00 48,996,937.50 3.991 4.047 1,063 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,048,750.00 1,000,000.00 5.000 4.934 5.002 479 05/26/2010 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,038,760.00 1,993,700.00 2.630 2.703 2.740 809 04/21/2011 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,039,690.00 998,140.00 3.500 3.514 3.563 974 10/03/2011 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,042,190.00 999,000.00 3.625 3.610 3.661 894 07/15/2011 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,041,880.00 998,570.00 3.625 3.626 3.676 880 07/01/2011 Federal Home Loan Bank 10/02/2008 2,000,000.00 2,000,000.00 2,000,000.00 3.250 3.250 3.295 1 02/02/2009 Federal Home Loan Bank 01/23/2009 1,000,000.00 989,380.00 1,000,000.00 2.100 2.071 2.100 1,086 01/23/2012 Federal Home Loan Bank 09/25/2008 879,000.00 866,191.99 866,191.99 3.410 6.757 6.851 29 03/0222009 Federal National Mtg Assn 08/18/2008 1,000,000.00 1,001,250.00 1,000,000.00 4.000 3.945 4.000 747 02/18/2011 Portfolio TEME CP PM (PRF_PM2) SyrnRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2009 Page 6 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 10,145,924.57 10,879,000.00 11,068,091.99 10,855,601.99 3.632 3.682 617 Investment Contracts 95453518.1 88.12 GEN IM IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,134 09/01/2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,134 09/01/2017 Subtotal and Average 2,031,468.76 2,031,468.76 2,031,468.76 2,031,468.76 5.509 5.585 3,134 Total and Average 221,473,740.31 226,473,671.96 227,611,741.99 226,447,211.45 2.866 2.906 291 Run Date: 02/25/2009 - 1201 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash January 31, 2009 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 08/29/2008 435,330.91 435,330.91 435,330.91 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 11/14/2008 20,424.19 20,424.19 20,424.19 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 01/29/2009 104,843.68 104,843.68 104,843.68 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2008 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFlex Ck Acct Flex Ck Aoct Union Bank of California 07/01/2008 18,210.24 18,210.24 18,210.24 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2008 4,995,886.29 4,995,886.29 4,995,886.29 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2008 20,683.17 20,683.17 20,683.17 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 221,473,740.31 Run Date: 02/25/2009 - 1201 232,071,860.44 233,209,930.47 232,045,399.93 2.866 2.906 291 Portfolio TEME CID PM (PRF_PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through January 2009 Fund Total GENERALFUND STATE GAS TAX FUND STATE TRANSPORTATION FUND DEVELOPMENT IMPACT FUND COMMUNITY DEV BLOCK GRANT AB 2766 FUND AB 3229 COPS RDA AFFORDABLE HOUSING 20% SET ASIDE MEASURE A FUND TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" TCSD SERVICE LEVEL "R" STREET/ROAD TCSD SERVICE LEVEL "L" LAKE PARK MAI NT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJECT FUND CFD 88-12 ADMIN EXPENSE FUND CFD 01-2 HARVESTON IMPROVEMENT FUND CFD 01-2 HARVESTON A&B IMPROVEMENT CFD 03-1 CROWNE HILL IMPROVEMENT FUND AD 03-4 JOHN WARNER IMPROVEMENT FUND CFD 03-3 WOLF CREEK IMPROVEMENT FUND CFD 03-6 HARVESTON 2 IMPROVEMENT FUND CFD-RORIPAUGH REDEVELOPMENT AGENCY - CIP PROJECT INSURANCEFUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CITY 2008 COP'S DEBT SERVICE RDA DEBT SERVICE FUND TCSD 2001 COP'S DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON DEBT SERVICE FUND CFD 98-1 WNCHESTER HILLS DEB SERVICE CFD 01-2 HARVESTON A&B DEBT SERVICE CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND CFD 03-02 RORIPAUGH DEBT SERVICE FUND CERBT CALIFORNIA EE RETIREE-GAS845 Total LESS: CERBT CALIFORNIA EE RETIREE-GASB 45 Grand Total: $ 41,474,635.80 109, 621.98 436, 213.38 5, 394, 498.58 5,08072 502, 323.68 2.41 10, 231, 621.64 8,777,169.51 1, 543, 256.00 219, 377.64 654, 784.34 2, 977, 529.12 38, 514.59 225,193.87 2, 412, 420.50 39, 600, 429.60 0.00 0.00 257, 044.33 5, 337, 497.08 0.00 4, 711, 369.19 512, 879.58 45,161, 948.71 18,164, 572.92 1, 509, 658.11 766, 522.80 751, 727.84 337,113.86 142, 278.83 1, 426, 524.71 19, 089, 350.11 125, 835.50 4, 271, 668.28 0.00 0.00 1, 225, 983.48 1, 753, 079.84 163, 510.08 3, 525, 705.04 522, 073.63 8, 764, 360.44 2, 520, 244.68 235, 643, 622.40 (2,433,691.93) $ 233,209,930.47 ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: March 10, 2009 SUBJECT: Southern California Edison Agreements for the Underground Uitility District Rule 20B, Project No. PW06-07 (1 B) PREPARED BY: David McBride, Senior Engineer - CIP RECOMMENDATION: That the City Council: Authorize the City Manager to approve an Agreement entitled, "Agreement For Replacement Of Overhead With Underground Distribution Facilities" associated with the Rule 20B Utility Undergrounding Project in Old Town; and 2. Authorize the City Manager to approve an Agreement entitled, "Added Facilities Agreement Applicant Financed" associated with the placement of a buried 75 kilovolt transformer associated with the Rule 20B Utility Undergrounding Project in Old Town; and 3. Authorize the payment of $133,535.08 and $5,272.89 ($138,807.97 total) to Southern California Edison to satisfy the monetary obligations of these two Agreements. BACKGROUND: This project consisted of two phases of undergrounding overhead utilities (Sothern California Edison, and Verizon and Time Warner) within the Rule 20B project area, which is defined as Main Street between Mercedes Street to 150 feet west of Old Town Front Street. The first phase of the undergrounding involved placing of underground conduits & vaults. This phase was completed through a City contract, to save on Southern California Edison (SCE) administrative fees, at a cost of $117,402.00. The second phase, undertaken by the respective utilities, involves re-establishing service through the underground system and removal of overhead poles. We (City) in forming the Rule 20B district agreed to compensate Edison for their services for the second phase of work and the two Agreements formalize these obligations. All of SCE's work in the second phase is complete. SCE allocates a portion of electric service rates collected toward the conversion of overhead utility facilities; this is commonly referred to as Rule 20A money. Because the City has not completed any Rule 20A underground projects in recent years and changes adopted by California Public Utility Commission (CPUC) now allow local agencies to "mortgage" 5-years ahead, SCE estimates up to $1.30M will be available from SCE to fund the overall undergrounding project. Verizon and Time Warner pay for relocation of their facilities. Because the scope of work for the initial phase of the utility undergrounding exceeds the available Rule 20A money, the Citywill be funding the balance of the underground work, known as Rule 20B. SCE will be providing a final accounting and closures reporting for the Rule 20A portion of the project within the next few months. Preliminarily SCE has indicated that the City's Rule 20A expenditures on this project will effectively bring our current balance of Rule 20A funds to zero. The Agreement for converting overhead to underground facilities within the Rule 20B area provides for payment of the total amount of $133,535.08 for SCE to complete the second phase of undergrounding as well as outlining various administrative and legal procedures for carrying out this phase of the work. The Agreement for added facilities within the Rule 20B area provides for payment of the total amount of $5,272.89 for the placement of one 75 kilovolt transformer underground as well as outlining various ongoing service terms of the facility. The payment of the these two amounts ($138,807.97) effectively completes our contractual obligations with SCE and except for Verizon's removal of their overhead facilities and the remaining poles in March of 2009, concludes all work within the Rule 20A and 20B districts. FISCAL IMPACT: The City's portion of the Old Town Infrastructure Project - Utility Undergrounding District Rule 20B Project No. PW06-07 (113) is funded with Redevelopment Agency Bond Proceeds, while the SCE portion is funded with Rule 20A funds. The total contract cost for this first phase of work was $117,402.00. The total for this second phase of work within the Rule 20B area is $138,807.97 and these funds are addressed in account 210-165-646-5804. ATTACHMENTS: 1. 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Cn J ~ ~ \ ~ m U I - pn+g+l 00+S1 OOrit to OO+SI I w` S 5 ~ ~ ~ ILS NIdiY 1 ` 1~ ,LS NIf~IY o ~0 a a N S Y ~p ~ ~ I ~ \ ~ a ~f 7 O 5 O ~ o earoanioa esoaoaa~ ~ R U o p \ ;t r ~ ~ g s I _ ~d01d~ NMI'-~, ~o a Nx / po ~ Y ~ Y N On+bl Mau J O N Y `Y I e ~v m l Q ~ I ro V Y 'P 5~ earo a~rba oesoaoaa ~ : ~ ~ ~ O ~ ~O\ + C u~16 II t ~ \ ~ i } lJ Q ~ ,~p~~ Aaraulroa e~z nna _ _ _ _ _ axraame eat 3ina ~ 0~~ a I I ~ _ ~Zm ~ ~ i ~i AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Substructure Installation by Applicants) 2009 THIS AGREEMENT, made this 5x]1_ day of JANUARY -20-09 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility", and the party or parties whose names are subscribed hereunder as "Applicants", City Of Temecula - - WITNESSETH: WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace Utility's existing overhead with underground distribution facilities at the location or locations in the County of RIVERSIDE State of California, substantially described as follows: Main Street, Old Town Temecula, Ca 6777-7104177154 and as shown on the map attached hereto and made a part hereof; and WHEREAS, a. It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, or b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: 1. Applicants will pay to Utility concurrently with the execution here ofthe nbnref urdable amount of $133,535.08_, which is the excess, if any, of the estimated costs, including tmnsfomters, meters, and services, of completing the underground system and building a new equivalent overhead system. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. 2. Applicants will famish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electrolier bases, and perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with installation of the underground system, all in accordance with Utility's specifications and timing requirements at Applicant's expense. 3. Utility will complete the undergrounding of said overhead distribution facilities, provided, however, Utility has been granted rights of way therefor satisfactory to and without cost to Utility. SCE CSD 158-3 REV 11161 PMnlerl w recyddr paper 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures, consisting of pads, vaults, conduits, ducts, boxes, and electrolier bases shall vest in Utility. Applicants do hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Utility, title to each and every component part thereof shall immediately pass to Utility without further action upon the part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be famished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 6. This contract is subject to the Rules of Utility. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. - CITY OF TEMECULA SOUTHERN CALIFORNIA EDISON COMPANY Shawn D. Nelson By REGION OR DIVISION MANAGER City Manager ATTEST Barry Brown, Manager REGION OR DIVISION AMOUNT Susan W. Jones, MMC - ADDRESS CONTRIBUTED City Clerk Main Street, Old Town S APPROVED AS TO FORM Temecula, Ca S S Peter M. Thorson City Attorney - 142.130 S 81,647.42 253.930 $ 51,887.66 TOTAL- $ 133,535.08 156-3 -2- SOUTHERN CALIFORNIA EDISON COMPANY ADDED FACILITIES AGREEMEW APPLICANT FINANCED CITY OF TEMECULA ("Appricant") and southern California ear" Caripany rice). referred to cotfectively as 'Parties" and iMividualyas iw, agree, as an ecoannwdaficn b the Applicant that SCE shall install the electric facilities described in 6thbit A, and hereinafter referred to as "Added Facilities", the cost of which shall be bone bythe Applicant and which will be located at the service address as shaven in Exhibit A. Added Facilities are defined in SCE's Rule 2.H as those which are in addition to, or in substitution for the standard facilities SCE would normally install to provide electric service. The Parties agree as follows: 1. Applicant shall pay to SCE in advance of construction by SCE for the Applicant-Financed Added Facilities. the estimated Total Installed Cost of said Added Facilities, as set forth in Exhibit A If applicable, said cost shall include the estimated Income Tax Componerrt of Cohtibuticns (frCC), pursuant to SCEs Preliminary Staternent as filed with the California Public Utilities Commission CCommission") and the one-time cost to rearrange emsling facilities andlorto provide fadRties nomhaty installed by theApplicarrt. 2 In addition to the payment required under paragraph 1, the Applicant shad also pay a charge based on the Added Facilities investment in Appican4Fiaanced Added Facilities, pursuant to SCE's Rule 2.H as filed with line Commission and as charged from time to time by be Commission. The charge for Applicant-Fnenced Added Facilities 6 based upon the Added Facilities investmentand the replacement coverage oplim saledad by to Applicant, as folkxw. (a) Replacement Coverage. The Added Facilities iwesfinent amount used as the basis for determining the charge Applicant pays SCE shad rat be adjusted whenever Added Facilities are replaced as set forth in Paragraph 12(a). Under this optoq. Applicant stall pay to SCE, at SCEs sale option, alter (SCE to select one): (1) AModhy Charge based upon_timesthe Added Facilities ihvestrraerd asset forth in ExhibitA X (2) A One-Tone PWmant representing the presaM worth of the irbntty Charge L per mordh) for the Added Facilities in perpetuity as set forth in Exhibit A. (b) Replacement Coverage with 20 yew Tam The Added Facilities Investmerd amount used as the basis for defermoo g the charge Applicant pays SCE shelf not be adjusted fora temp of 20 years whenever Added Facilities we mplecedas set forth in Paragraphl2(a). Under tins option, Applicant shall payto SCE a Monthly Charge based upon- times the Added Facilities investment as set forth in Exhibit A At the and of the 2D year fear, this Agreement Iartirates in atxxxdarna with the provision d Pararyaph l6. If Appirantwarrts to continue being served from the Added Facilities, Applicant rust sign a new Added Fadities Agreemad. The new Added Facilities investment amount will be detained on a reconstruction costrew less depredation (RCNLD) basis. (c) Without Replacement Coverage. The Added Facilities investment amount used in determining the large Applicant pays SCE shad be a*usred wherever Added Facilities are replaced as set forth in paragraph 12(b) and (c). Linda this option, Applicant stall pay SCE a Mmthy Charge based on_times the Added Facilities investment as sat forth in Exhibit A, 3. -The costs and charges paid by Applicant pursuarthiParagraphs land 2will nxxmelybe based upon estimated costs. Wenthe recorded book costs have been Marooned by SCE, the charges may be based upon such recorded costs arid adjusted retroactively b the date when service was first rendered by means of such Added Facilities. Additional charges resulting from such a4ustrens will, unless other temps are mautu* agreed upon, be payable within thirty (30) days from the date of presentation da bill therefor. Any credits resuting from such adjustments will, unless other terms are mutually agreed upon, be refunded to Applicant. 4. When SCE elects to provide Added Facilities hereunder on a recorded book cost basis, SCE has the right to revise its estimated costs and bill Appka t using such reviled estimated costs during the period preceding determination tithe recorded hook costs. SCE shall indicate such revisions on Exibi[A dr a superseding Exhibit Aand provide a copytoApplicent SCE shad commence biting the charge paid by Applicant pursuant to Paragraph 2 above using such revised estimate not earlier than thirty (30) days from the data to revised estimate is provided toApplicent. 163r9.doc 5. The Mor" Charge to be paid by Applicant pursuant to Paragraph 2 above, as detemhined in Exhibit A, shad subTatcally increase or decrease withoutfomal amendment to thts Agreement 0 the Commission subsequently authorizes a higher m lower percentage rate in the calculation of the costs of ownership for Added Facilities as stated in Rule 2H, effective with the date of such authorization. Further, the revised costs of a+mership stall also be used to determine the urramortimd balance of the One-Time Payrenl due to termirdlion of service, .termination of this Agreement, or otherwise, as provided in Paragraph 16 (a). 6. Where it is necessary to install Added Facilities on Applicarfs property, Applicant hereby grants to SCE (a) the right to make such installation on Applicant's property including installation of a One extension along ft shortest practical route thereon and (b) the right of ingress to and egress from Applicants property as determined by SCE in ft sole discretion for any purpose carreded wdhlfteoperation&Om mtenarrceofte Added Faclibes. Applicant shall provide rights-d-wayor easements of sufficient space to provide legal clearance from all mixtures now or hnerealterereded on Applicants property foranybecilthesof SCE. 7. Where formal rights-d-way or easements are required in, at, under, mover Applicants properly orthe property of others for the installation of the Added Facilities, SCE shall not be obligated to install ft Added Faciities unless and until any necessary penrarentrights-d-way or easements, satisfadoryto SCE, are granted without cost to SCE Upon temnnationafthis Agreement in accordancewith Paragraph 16, SCE wilt quitclaim all easements and rights of way in, on, under, and overAppkcanCS property which are, as determined by SCE in its sole discretion, no longer required by SCE due to the removal of is Added Facilities. 8. SCE shall not be responsible for any delay in completion of the installation diheAdded Facilities reading from shortage of labor or materials, strike, labor disturbances, war, not, weather coditions, governmental rte, regrtagon or order, Including orders or judgments of any court or cornndssion, delay in obtaining necessary rigits4ivay and easements, ad of God, or any other cause or condition beyond conkd of SCE SCE shall have the right in the evert it is unable to obtain materials or labor for all of its construction requirements, to allocate materials and Libor to construction projects which it deems, in its sole discretion, most important to serve the reeds or its customers, and any delay in construction hereunder resulting from such allocation shall be deemed 10 be a cause beyond SCEs control- 9. Added Facilities provided hereunder shelf at all tines remain the property of SCE. 10. This Agreement supplements the appropriate application and contract(s) for electric service presently in effect betw®n ge Parties- 11. If it becomes necessary for SCE to after or rearrange the Added Facilities including but not imiled to, the mrnersion of overhead facilities to underground, Applicant shall be notified of such recessiy and shell be given the option to either terminate this Agreement in accordance with Paragraphs 13 and 16, or to pay to SCE additional charges consisting of. (a) The cost to remove any portion of the Added Faciiies which is no talger necessary because of alteration or rearrarigement, . such large to be determined in the same manner as described in Paragraph 16: plus (b) An additional payment, ITCC,and/a one-time cost, if any, for arry new Added Faciifies requested which shall be delem-ked in the same marxheas described in Paragaphs 1 and Z plus . (c) A revised Paragraph 2 charge based on Qototal netedditional installed cost of all row and remaining Added Facilities. Such revised large shall be determined into sang manner esdesaibed in Paragraphs land 2 , 12 (a) Whenever Added Facilities are replaced due to damage (caused by other gran the Applicants Intentional or negligent conduct) or equipment failure and Applicant has selected replacement coverage pursuant to Paragraph 2 (a) or Paragraph 2 (b), such replacetrantwill be at SCEs experm with no change In ft Added Facilities Investment amount (b) YNrenever Added Facilities are replaced due to damage or equipment failure and Applicant has selected re- replacement coverage pursuant to Paragraph 2 (c), such replacement will be made by SCE at the Applicants expense, inuring any applicable rrCC. Charges will be payable by the ApWaht to SCE within thirty (30) days from the dare of presendakon of a bill. If such replacement results in a change in the Added Fadities Investment, the Waft Charge wit be adnsted based on the revised added investment etecuwe with the date the replaced Added Facilities ere lust available. Except gar, where a replacement or Added Facilities r. reclxaed far SCEs operating. convenience or necessity or bemuse of damage cased by the sole negligence or wiiOt ad of SCE, no increase will be made in the Added Facilities investment amount or the Mon" Charge. (c) WheneverAdded Facilities are replaced due to Applicants increased bad or damage caused by the Applicarts intentional or negligent conduct, such replacement will be made by SCE at the Appfimnts expense inahAM any applicable rrCC. Charges Will be payable by the Applimmto SCE within thirty (30)days framthe data of presentation of a big, Aciddorally,the Applicants Mor1My Charge prsuaM to Paragraph 2 will be adNsted based on the revised added investment retying from such replacement and will be effective with the date the replaced Added Facdikesere first available. 16309.doe 13. This Agreement shall remain in effect until terminated by either party mat least thirty (30) days advance written notice. Applicant shall pay all costs incurred to the date of temdnetion purs"t to Paragraph 16 including Gtargesfor any engineering, surveying. nghttf-way and easement acquisition expenses arid other associated expanses incurred by SCE for that portion of the Added Facilities not installed. - 14. SCE has the right to charge Applicant under the terms and conditions of this Agreement commencing with the data SCE. in its sole opinion, is ready to serve ormmmentitg with the heady to serve date requested byAppliant, whichever is later. 15. Constiuctimn of the Added Facilities shall not carmine prior to receipt by SCE of appropriate rights of way and(or easements, and applicants payment of all monies due as described in Paragraphs 1 and 2(aH2). 16. Upon discontinuance of the use of any Added Facilities due o temnination of service, termination of this Agreement, or dhetwiw. (a) Applicant shelf pay to SCE on demand (n addition to all other monies to which SCE may be legally entitled by virtue of such termination) a facility termination charge defined as the removal cost, less the salvage value for the Added Faclities to be removed. Commencing in the salamth (16) year after the date service is first rendered by means of Added Facilities. 20 percent of thetermination charge shall be subtracted from that change each year until the total charge ismaro. (b) SCE shall be entitled to remove and shall have a reasonable time in which to remove arty portion of the Added Facilities located on the AppbmrWs properly. (c) SCE may, at its option, after, rearrange, convey, or retain in place any portion of the Added Facilities located off Applicants property. Where all or any portion of the Added FWRM located off Applicant's property are retained in place and used by SCE to provide permanent service to Otter cu stm ers, the facility tetminatien change described in Paragraph 16(a) Shan be reduced by the installed cost ofthe retained facilities. 17. Applicant may assign this Agreement only with SCEs written casect Such consent will not unreasonably be withheld. Furthermore, such assigmrent shall be deemed to indutle, Wass otherwise specified tlhereirk all of ApplicerPs nights to ary refunds which might become due upon discontinuance ofthense of my Added Facilities. 18. This Agreement shall, at ell times be subject to charges or modifaotias as the Co mrtlssien may, from time to time, direct in the exercise of itsjuisdiction. 19. In witrress whereof, the parties hereto have mused this Agreement to be signed by their duty aullwnzed regesentatives✓agants. This Agreement is effective as of the lest date setfoth below. CITY OF TE14ECULA Shawn D. Nelson City Manager SOUTHERN CAUFORN A EDISON CON PANY ATTEST Susan W. Jones, MMC City Clerk APPROVED AS TO FORM Peter M. Thorson City Attorney AF. No DATE SIGNED,. I6309.doc 3 SOUTHERN CALIFORNIA EDISON COMPANY EXHIBIT "A" APPLICANT FINANCED ADDED FACILITIES A F. NO. APPLICANT - CITY OF TEMECULA SERVICE ADDRESS MAIN ST, OLdTOWN, TEMECULA APPLICANT REQUESTED READY TO SERVE DATE All Estimated Costs Shown in this Bdtbit "A" (SCE to Select One): _are not binding estimates (final billing based on recorded costs), or _am binding estimates vefid for Added Facilities conpleted an or before DESCRIPTION OF ADDED FACILITIES 1-75 KVA BURD TRANSFORMERS $ 2,694.65 OrUnal Estimated Demand kVA W.O. WS). 6777-710417-7154 (DESIGN#24385) DESCRIPTION OF ONE-TIME COSTS (Paragraph 1) 60.68% OWNERSHIP CHARGE $1,635.11 W.O. No(s}. 166309.doc 1 of 2 V 7 W O ~ Q (O ww~l WR a LO cn CO r eF M Ld !~1 t0 Qi CO t14 ~ N o, Go t4 N 4 O N N 4 0 r w u w V + w S f0 g m < 17 ~a v.. x u~ as x S 0 m 1-n F{S U YNnxrd U JN o w = o 026 o U w w o~ ra t ~ 0 r sa r t ~ Qa r ~a 222555 a m^ v 6 w' ¢ m v n w' ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Public Works Director DATE: March 10, 2009 SUBJECT: Fifth Amendment to a Professional Services Agreement Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project No. PW00-26 PREPARED BY: Mayra De La Torre, Senior Engineer- CIP Steven Beswick, Associate Engineer- CIP RECOMMENDATION: That the City Council approve the Fifth Amendment to the agreement with Project Design Consultants in an amount not to exceed $6,000.00 for additional services to modify the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Project No. PW00-26 - to accommodate an existing 12 inch Rancho California Water District (RCWD) waterline. BACKGROUND: On December 19, 2000, the City Council approved an agreement with Project Design Consultants (PDC) in the amount of $83,419.00 to perform phase one of the design. Subsequent to that, Amendment No. 1, approved by Council on September 23, 2003, allocated an additional $370,200.00 plus a 10% contingency of $37,020.00 to perform phases two, three, & four of the design, reduced the cost of the original agreement from $83,419.00 to $63,795.84, and extended the term of the contract to June 30, 2005. On January 12, 2005, Amendment #2, approved by the City Manager, allocated an additional $32,944.00 for additional geotechnical, structural and civil design services, and extended the term of the agreement to June 26, 2006. On August 22, 2006, Amendment #3, approved by the City Manager, extended the term of the agreement to June 26, 2008. On June 23, 2008, Amendment #4, approved by the City Manager, extended the term of the agreement to June 30, 2009. On July 2, 2008, Extra Work Authorization No. 1, approved by the City Manager, allocated an additional $2,281.00 for additional design services. The scope of Amendment No. 5 includes the preparation of plans necessary to design and relocate the 12 inch waterline in Diaz Road to accommodate the City's proposed 18 inch storm drain and to extend the terms of the agreement to December 30, 2009. The additional design scope is not anticipated to have a significant impact on the overall project schedule, and the entire cost of this scope will by borne by RCWD. The complete scope of the work required is attached to and made part of Amendment No. 5. FISCAL IMPACT: The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, is a Capital Improvement Project funded by Capital Project Reserves and Development Impact Fees (Street Improvements). A deposit for the full amount of the proposed additional design services ($6,000.00) has been posted by Rancho California Water District in Deposit Account No. 210-2940. Adequate Funds are available in Account No. 210-2940 to cover the total amount of Amendment No. 5 which is $6,000.00. ATTACHMENTS: Location Map Project Description Amendment No. 5 with Project Design Consultants PROJECT DESCRIPTioN Project Title: MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ PRIORITY: I ROAD Description: Design and construct a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road, including acquisition of right-of-way and the installation of a new signal at Diaz Road. Department: Public Works- Account No. 210.165.602 PW00-26 Scope of Project: Project will include studying suitable locations for a new crossing, environmental studies, mitigation, new Diaz Road traffic signal and construction. Benefit: Protect will improve traffic circulation and access to Overland Drive freeway over-crossine. Total Project Cost: $10,711,000 Administration Acquisition Construction Construction Engineering Design Environmental MSHCP Totals Future O&M Source of Actuals to Date 2007-08 $ 60,400 $ 25,600 $ 347,700 $ 172,300 $ 408,100 $ 197,900 Capital Project Reserves Development Impact Fees - Street Improvements Unspecified* Total Funding: *Project cannot be constructed until a funding source is identified. 2008-09 2009-10 2010-11 2011-12 $ 250,000 $ 3,530,000 $ 5,610,000 $ 350,000 $ 85,000 $ - 280,000 $ 10,105,000 Cost To Complete $ 275,600 $ 3,530,000 $ 5,610,000 $ 350,000 $ 172,300 $ 85,000 $ 280,000 $ 10,302,900 $ 213,600 $ 392,400 $ 10,105,000 $10,711,000 58 PROJECTLOC4TION Project Title: NNRRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD 57 FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROJECT DESIGN CONSULTANTS MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT NO. PW00-26 THIS FIFTH AMENDMENT is made and entered into as of March 10, 2009 by and between the City of Temecula, a municipal corporation ("City") and Project Design Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On December 19, 2000, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services Murrieta Creek Bridge and Overland Drive Extension, Project No. PW00- 26," ("Agreement") in the amount of Sixty Three Thousand Seven Hundred Ninety Five Dollars and Eighty Four Cents ($63,795.84). B. The Agreement was amended on September 23, 2003, in the amount of Three Hundred Seventy Thousand Two Hundred Dollars and No Cents ($370,200.00) and again on January 12, 2005 in the amount of Thirty Two Thousand Nine Hundred Forty Four Dollars and No Cents ($32,944.00) and extending the term of the Agreement to June 30, 2006 for additional geotechnical, structural and civil design services for a total Agreement amount of Four Hundred Sixty Six Thousand Nine Hundred Thirty Nine Dollars and Eighty Four Cents ($466,939.84). C. The Agreement was amended on August 26, 2006, extending the term of the Agreement to June 30, 2008. D. The Agreement was amended on June 23, 2008, extending the term of the Agreement to June 30, 2009. E. The Agreement as amended shall be referred to as the "Agreement." F. The parties now desire to increase payment for civil design services, only upon request and authorized by the City, in the amount of Six Thousand Dollars and No Cents ($6,000.00) and amend the agreement as set forth in the Amendment. 2. Section 4. PAYMENT of the Agreement is hereby amended to read as follows: A. Replace paragraph a2 with the following: a2. 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-3, Fee Summary, 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-3 other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Four Hundred Seventy Five Thousand Two Hundred Twenty Dollars and Eighty Four Cents ($475,220.84) including the original agreement amount of $63,795.84, approved Amendment No. 1 and 2 in the amounts of $370,200 and $32,944 and Extra Work Authorization No. 1 in the amount of $2,281, and Amendment No. 5 in the amount of $6,000, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. B. Replace paragraph 4b with the following: b. Consultant shall not be compensated for any services rendered n 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 Manger. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City. 3. Section 1 TERM of the Agreement is hereby amended to read as follows: TERM. This Agreement shall commence on December 19, 2000, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 4. Exhibit A to the Agreement is hereby amended to include the additional civil design services as set forth on Attachment "A2" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Project Design Consultants Bradley Sager, P.E., Vice President 701 "B" Street, Suite 800 San Diego, CA 92101 (619) 235-6471 Rex S. Plummer, Principal/CEO Gregory M. Shields, Principal/CEO ATTACHMENT A2 MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT NO. PW00-26 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. j VgOsfECT gESIG:N 66NS1rLT11NT9 43460 Rto~i'Aac 6w.,:57e. rjn ` g5+,695SS!ib"~'Q TkAo="CAysSQp I 95s-6gy 7r z t »nwvrxotsexazwer.cos~ j File: TMCQ09 December 11, 2008 Mr. Steven Betwick CITY OF Ttivecuu DEPARTMENT OF PUBLC WORKS 43200 Business Park Drive Temecula, CA wag SUBJECT' Relocation of 12" Domestic Water Line - Overland Bridge Extension Dear. Slave. We are requesft appibval of a contract in the amount of $8,000 for the above-referenced pr*d This amount is for the preperalion of plans and speaficafions for the relocation of the l2' domestic water line In Diaz Roar! wis currently in conRict with the proposed Overland Bridge plans. These plans will be incorporated 1* the current plan set Relocation Flans- PVC will prepare puns for the relocatlon of the 12' domestic water lithe in conW *wUh the slorm tfrain on the Overland, Bridge plans. This item includes plans and the associated general notes. This, task will use axis" potirofing• Information. It additional .potholing is necessaryti wffi requimadtr6ongl auftftiation. The pianswiltadfrere to the design gukdeiines,set forth by the district This itein does ri'ot bc#jOe hydraulic analysis, FIXED FEE48,000 SperSff¢atians and Esfimafe PDC will prepare specifiCaliarts for the muk done in task one based on the iGstricts standard specifeaWns, A oust estimate will be included in tfft task stern: FIXED FEES. ZOW TOTAL. FEE $4,00 # qve-aL>dve is A Tei plea5s sign 6r the Vq.ge provdd below and raisins ow signed original for Qtr files VV'e uirl fob ul? with"itte retpegvng:Aapetwor~: Sincerely, 6ut7GEf ACKNOWLEDGED AND ACCEPTED BY: r~ era+fsager; `PE E:e PfP,Slderri Elate 5AW MS66 • PHOMM • tEX EMA - 3AXER4 LD January 15, 2009 CITY of ~i nit CUBA Steve Beswick, Associate Engineer FEB 1 3 2063 City of Temecula iY~fWW Department of Public Works FiNANCF j)E~Ce Wft Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: AGREEMENT FOR ENGINEERING SERVICES WITH Board of Directors PROJECT DESIGN CONSULTANTS Ralph H. Daily MURRIETA CREEK BRIDGE AND OVERLAND DRIVE President devt Liu D. ff.. EXTENSION (CITY OF TEMECULA PROJECT PW00-26) Sr. Vice Preeident [RCWD PROJECT NO. D15201 steph. J. Corona Ben R. Drake Dear Mr. Beswick: John E. Boael d r..ro.a M Rancho California Water District (RCWD/Disttict) would like to accept the proposal dated December 17, 2008 (copy enclosed) from the City of Temecula's (City) design consultant, Project Design Consultants (PDC), with exceptions, to provide officers: engineering services for the design of the relocation of RCWD's 12-inch waterline M.tthe G. Stone _ within Diaz Road. The relocation design shall accommodate the City's proposed General M.neger storm drain, which is in conflict with the District's pipeline. Phillip L Forbes, CPA Ae.ietant General M®ager / 1,esnirar The exceptions to PDC's proposal include both the specifications and estimate. Perry R. Lonek Director ofPlenning RCWD does not feel this project requires these documents. An .glha WaWter.FS Aetiog District Engineer This letter is your notice to proceed for PDC effective upon receiPtr on a time and Jen,ey D. Aroasn+ong material fee basis, not to exceed $6,000 without prior written approval. Chief Finaadal Officer . Real E. Garcia The District would like to enter into a reimbursement agreement with the City, as Distrid 9eaetary prepared with previous, similar relocation projects. Please inform RCWD how C. Michael Gowett Best Beat A Krieger LLP the City would like to proceed and have PDC's design engineer contact RCWD Genera' Coenael Associate Engineer Bud Jones to coordinate the start of design. If you should have any questions, please call Mr. Jones at this office at (951) 296- 6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Corey F. Wallace Engineering Manager Enclosure cc: Andy Webster, Acting District Engineer d Jone Associate Engineer Torre, City of Temecula 091131J:at00501520 R.nnho Calif... Water District 6219E WinnAextn•Rnn.i • Pnct f1Rro A•• m+v • m-...a...,te r`oFf.....:. orvcao m+n iac+++roc coon c......_.+..,......,... GENERAL FUND RANCHO CALIFORNIA WATER DISTRICT, PO. Box 9017 • Temecula, CA 92589-9017 1 nnR51 .INVOICE NO. DESCRIPTION GROSS DISCOUNT NET 011509 D1520-MURRIETA CRK BRIDGE/O 6,000.00 6,000.00 CITY of TEMFCUTA FEB 1 3 2009 FINANCE DEPT, re 02-10-09 WARRANTNUMBn 1 6,000.00 0.00 6,000.00 lamb RANCHO CALIFORNIA WATER DISTRICT 42135 Winchester Road • P.O. Box 9017 • Temecula, Califomia 92589-9017 ® Phone: (951) 296-6900 100851 CONTROL NUMBER 11■ L008 5 ill' I: i 2 1000 2481:4 L 59 3791,L4111" ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: March 10, 2009 42, SUBJECT: Authorize Temporary and Partial Street Closures for the 2009 Temecula Rotary Club Triathlon (within the Redhawk Area) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR 2009 TEMECULA ROTARY CLUB TRIATHLON, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The annual Temecula Rotary Club Triathlon necessitates the physical closure of certain roads within the Redhawk area to provide for the safety of pedestrians and bicyclists. The roads to be closed for the event include: Full Closure: 1. Primrose Avenue - Pechanga Road to Peach Tree Street 2. Peach Tree Street - Primrose Avenue to Deer Hollow Way 3. Deer Hollow Way - Pechanga Parkway to Peppercorn Drive Partial Closure - Closure of `number two lanes' only: 1. Peppercorn Drive - Deer Hollow Way to Vail Ranch Parkway 2. Vail Ranch Parkway/Redhawk Parkway - Entire loop 3. Nighthawk Pass - Vail Ranch Parkway to Butterfield Stage Road Partial Closure will consist of a minimum of one lane each-way open for vehicular traffic. A traffic control plan depicting the race course has been approved bythe City and is available on file with the Public Works Department. The Triathlon event will include a 5K Run, a 17-mile Bicycle Race, and a 175 yard Swim Competition (at the Great Oaks High School Campus). The 5K Run will begin at the Great Oak High School parking lot at Primrose Avenue, then east on Primrose Avenue, north on Peach Tree Street, west on Deer Hallow Way, U-turn at Pechanga Parkway, then east on Deer Hollow Way, south on Peach Tree Street, west on Primrose Avenue to finish line at the High School parking lot. The bicycle route begins at the Great Oak High School Parking Lot at Primrose Avenue, then east on Primrose Avenue Avenue, north on Peach Tree Street, east on Deer Hollow Way, U-turn just east of Peppercorn Drive, north of Peppercorn Drive, east on Vail Ranch Parkway, east on Nighthawk Pass, U-turn just before Butterfield Stage Road, west on Nighthawk Pass, right on Vail Ranch Parkway, south on Peppercorn, west on Deer Hollow Way, U-turn at Pechanga Parkway, east on Deer Hollow Way, south on Peach Tree Street, west on Primrose Avenue to finish line at Great Oak High School Parking Lot. The event is scheduled for March 22, 2009 during the hours of 5:00 AM to Noon. Traffic control setup will begin one hour before start of the event at 4:00 AM. The estimated number of participants in the event is approximately 1000. 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 necessaryfor 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 2009 Temecula Rotary Club Triathlon sponsored by the Temecula Rotary Club. 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 event will require assistance from the Public Works Department by providing support services for the street closure and the permit process. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisorydevices bythe Public Works Departmentare included in budgetary items. ATTACHMENTS: 1. Resolution No. 2009 2. Location Map RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR 2009 TEMECULA ROTARY CLUB TRIATHLON, 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: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection, and, WHEREAS, The City of Temecula desires to authorize the closure of public streets for the Temecula Rotary Club Triathlon sponsored by the Rotary Club, 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, An approved Traffic Control Plan for the proposed Triathlon race course is on file with the City of Temecula Public Works Department; and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Temecula Rotary Club Triathlon; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve a temporary street closure for the Temecula Rotary Club Triathlon sponsored by the Rotary Club on March 22, 2009 between the hours of 4:00 AM and 12:00 PM, 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 the temporary street closure of Primrose Avenue between Pechanga Road and Peach Tree Street, Peach Tree Street between Pechanga Road and Deer Hollow Way, Deer Hollow Way between Pechanga Parkway and Peppercorn Drive, and the closure of the `number two lanes' of certain streets within the Redhawk area including: Peppercorn Drive, Vail Ranch Parkway/Redhawk Parkway, and Nighthawk Pass on March 22, 2009 between the hours of 4:00 AM and 12:00 PM for the Annual Temecula Rotary Club Triathlon, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Oth day of March, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1Oth day of March, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk , I 1 1 1. 1 1 IE 1 1 fg- 1 -i ' 1 ' 1 1 ' I ' I ~ J 1 1 1 ' 1 I U Y! / j 0 4 ~ I i f gyp` p p QUA C Y; I SOU 1 t It ' l L F hl rg K 1 lx t 13 anavr/vo~uvvunv ° ~ 4 I I 1 1 dal ~ ~~Y 41 ~ I ~ 1 RA- ♦ IV Q EL $e9E ~ (i(iEtl! Qi$~ E3 ~ ; ~ 3 S pa aatt E z agil ~a ~a3 a gp 1 F ~ ~ egi E¢3¢a E i~''p Q: gi!$I~~ $~~i iq ~gepa~ ~@$~C 191 ~ } pp9 ]3E ~ia'[g a3 yS~ 1 1 i I I I 1 I I I• 1 I~ 1 IS ' i bftb"Ip'n; I~ t 1 3 C I I S 1 ILS 1 1 1 I In 1 15 3 I~ ' ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: March 10, 2009 SUBJECT: Third Amendment to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority PREPARED BY: Patrick Richardson, City Planner RECOMMENDATION: That the City Council approve the third amendment to the Joint Exercise of Powers Creating the Western Riverside County Regional Conservation Authority. BACKGROUND: The Western Riverside County Regional Conservation Authority (RCA) was established in 2004. It is a Joint Powers Authority consisting of 14 Cities and the County of Riverside. The Authority is charged with administering the 2003 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The Board of Directors of the RCA, at their meeting of February 2, 2009, approved the third amendment to the Joint Exercise of Powers Agreement (JPA) creating the RCA. This amendment will add the recently incorporated Cities of Menifee and Wildomar, revise the formula regarding a quorum and voting, and add the notice address for the Cities of Menifee and Wildomar. All other provisions of the JPA will remain in full force and effect. FISCAL IMPACT: None ATTACHMENTS: Amendment No. 3 to Joint Exercise of Powers Agreement Twenty-Five Signature Pages N aw N J = pN iC6 Q pw>w mz Q N U~~OO Ohw00O ~w~pw gm~ag Ww m~ > R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Amendment dated 2009 ("Third Amendment'), is made by and between the COUNTY OF RIVERSIDE, the Cities of BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO, TEMECULA, hereinafter sometimes referred to collectively as the "Parties", and the CITY OF MENIFEE and the CITY OF WILDOMAR. RECITALS WHEREAS, the Parties, and each of them, have executed a Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority ("Agreement'); and WHEREAS, section 5(C) of the Agreement states that the Agreement may be amended to add new parties provided there is mutual consent by the governing bodies of each of the Parties to the Agreement; and WHEREAS, the Parties and the City of Menifee desire that City of Menifee become a member of the Western Riverside Regional Conservation Authority ('RCA"). WHEREAS, the Parties and the City of Wildomar desire that City of Wildomar become a member of the Western Riverside Regional Conservation Authority ('RCA") NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties, the City of Menifee and the City of Wildomar agree as follows: Section 1A. Add City of Menifee. The City of Menifee agrees to the terms and conditions of the Agreement hereto and by this reference incorporated herein as Exhibit RVPUB\ZKATOR\749951.2 - 1 - N J LU N LL~W Q OC <1 NZ UYF-0 O~-Wm0 gW?2 ouf mag UJ m~ > "A" and any previous amendments thereto. The City of Menifee shall become a member of the RCA upon the Effective Date as defined in section 5 of this Third Amendment. Section 1 B. Add City of Wildomar. The City of Wildomar agrees to the terms and conditions of the Agreement hereto (Exhibit "A") and any previous amendments thereto. The City of Wildomar shall become a member of the RCA upon the Effective Date as defined in section 5 of this Third Amendment. Section 2. Revise the first sentence of Section 7(C)(III) of the Agreement regarding Quorum and Voting as follows. "The item shall be approved by Board members present at the meeting who represent Cities representing a majority of an equal combination of 1) the population of the county living in incorporated areas within the boundaries of the MSHCP Plan area, and 2) the number of acres currently within the Criteria Area in the incorporated areas as follows: Banning - 78 acres; Beaumont - 10,098 acres; Calimesa - 3,380 acres; Canyon Lake - 303 acres; Corona - 2,315 acres; Hemet - 1,158 acres; Lake Elsinore - 13,917 acres; Menifee - 249 acres; Moreno Valley - 2,325 acres; Murrieta - 8,722 acres; Norco - 681 acres; Perris - 3,181 acres; Riverside - 1,201 acres; San Jacinto - 4,224 acres; Temecula - 3,903 acres; and Wildomar - 4,152 acres." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Section 3. Revise Section 24 of the Agreement to add Notice address for 15 16 17 18 19 20 21 City of Menifee and the City of Wildomar. Q. City of Menifee City Manager 29683 New Hub Drive, Suite C Menifee, CA 92586 (951) 672-6777 22 23 24 25 26 27 28 RVPUBVKATOR\749951.2 -2- 1 2 3 4 5 6 7 8 9 10 0- u~° 11 ~Z rn , Z 0 >u 12 WRF°o LLY AOJ 13 OFWmO gmjao 14 ir m > 15 a 16 17 18 19 20 21 22 23 24 25 26 27 28 R. City of Wildomar City Manager 23738 Clinton Keith Rd Wildomar, CA 92595 (951) 677-7751 Section 4. Other Provisions to Remain in Effect. Except as set forth herein, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the parties hereto and the amended provisions set forth in this Third Amendment. Section 5. Effective Date. This Third Amendment shall become effective on the date that execution of this Third Amendment is authorized by all of the governing bodies of each party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date first above written. Dated: CITY OF BANNING Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk RVPUB\ZKATOR\749951.2 -3- By: Mayor CITY OF BEAUMONT By: Mayor CITY OF CALIMESA By: Mayor 1 2 3 4 5 6 7 8 9 10 aW 11 J= m ~z °0aNz 12 UKO,F°O p2~ 13 0 LU 0 gMZLQ 14 U5 m^ > 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk RVPUB\ZKATOR\749951.2 -4- CITY OF CANYON LAKE By: Mayor CITY OF CORONA By: Mayor CITY OF HEMET By: Mayor CITY OF LAKE ELSINORE By: Mayor CITY OF MENIFEE By: Mayor CITY OF MORENO VALLEY By: Mayor 1 2 3 4 5 6 7 8 9 10 aw ~ 11 J=Z ~ oW>mz 12 0QN~ "w 20 13 ~OW OF-WmV ~WZPL 14 it mM > 15 of 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: CITY OF MURRIETA Attest: By: City Clerk Dated: Attest: ity Clerk Dated: Attest: Mayor CITY OF NORCO By: Mayor CITY OF PERRIS By: City Clerk Mayor Dated: CITY OF RIVERSIDE Attest: By: City Clerk Mayor Dated: CITY OF SAN JACINTO Attest: By: City Clerk Mayor Dated: CITY OF TEMECULA Attest: City Clerk Dated: Attest: City Clerk RVPUB\ZKATOR\749951.2 - 5 - By: Mayor CITY OF WILDOMAR By: Mayor 1 2 3 4 5 6 7 8 9 10 JW N 11 J 7 W ~Z °c~aNZ 12 U-~°O LLY~o~ 13 O~-waOv gm?ao 14 m~ > 15 w 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Attest: RVPUB\ZKATOR\749951.2 -6- COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: March 10, 2009 SUBJECT: Long Range Planning Project Number LR08-0005, CEQA Procedure Handbooks for Private Development and Capital Improvement Projects PREPARED BY: Cheryl Kitzerow, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOKS FOR PRIVATE DEVELOPMENT PROJECTS AND CAPITAL IMPROVEMENT PROJECTS (LR08-0005) BACKGROUND: City staff, in conjunction with Environmental Science Associates (ESA), have prepared two CEQA Procedure Handbooks - one which focuses on private development projects and a separate handbook dedicated to the City's Capital Improvement Projects. Staff pursued this work effort to create a uniform Citywide approach to CEQA review for all projects, whether they are public or private. Through the development of the handbooks, Planning staff worked closely with Community Services (TCSD), Public Works, and City Attorney staff to ensure Citywide input and consistency. The handbooks will ensure that both in-house CIP projects and developer sponsored projects follow the State-mandated CEQA review process in a consistent and uniform manner. These handbooks will be adopted by City Council resolution. Updates and minor changes would be performed with the approval of the Planning Director. The handbooks would be available on the City's website and from the Community Development Department; and would be used as an information tool through the City's Development Review Committee (DRC) process. CEQA Private Development Proiect Handbook The Private Development Project Handbook establishes a written procedure to be used by staff and the development community to explain the City's CEQA process and submittal requirements. The handbook provides procedural guidelines for staff and applicants to follow throughout the entitlement process. Also included in this handbook is a procedure for establishing qualified consultant lists for the City to hire applicant-funded consultants to prepare technical studies and/or Environmental Impact Reports for a development project. The City has released request for qualifications to the environmental consulting industry in order to establish lists for EIR consultants and technical study consultants (ie. Traffic, Air Quality, Noise) and is currently compiling these lists. Once established, these lists would be updated every two years. Placement on the list does not guarantee any work. When a project-related study is required, staff would seek proposals from firms on the list. These lists would be effective upon City Council adoption of the handbooks. CEQA CIP Handbook The CIP Handbook provides a manual for City staff to utilize to foster inter-departmental coordination for the CEQA review of City projects. This handbook explains that the Planning Department is responsible for CEQA review in the City, and defines the roles and responsibilities of the CIP Project Managers (either Public Works or TCSD staff), Planning staff, and when applicable, design consultants. In addition, the handbook defines the City's procedures for reviewing outside agency CEQA documents, where the City is a responsible agency. PLANNING COMMISSION: The Planning Commission received and reviewed the handbooks at their March 4, 2009 meeting. FISCAL IMPACT: None. All future projects would be responsible for any required consultant services and/or CEQA review. ATTACHMENTS: Resolution City of Temecula Environmental Review Procedures Handbook, Private Development Projects, December 2008 City of Temecula Environmental Review Procedures Handbook, Capital Improvement Projects, December 2008 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOKS FOR PRIVATE DEVELOPMENT PROJECTS AND CAPITAL IMPROVEMENT PROJECTS (LR08-0003) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The National Environmental Policy Act (NEPA) was enacted by Congress in 1969 and all federal actions (and federally funded actions) must comply with the provisions of NEPA for environmental compliance. B. The California Environmental Quality Act (CEQA) was enacted by the State legislature in 1970 to ensure a more thorough environmental analysis of discretionary land use development and management decisions in California. C. The City of Temecula in its statutory role as lead agency for both publicly and privately initiated projects is responsible for complying with the provisions of both NEPA and CEQA. In addition, the City in its role as responsible agency is mandated to provide input to environmental documentation prepared by other agencies that could have an adverse effect on the City's residents and/or environment. D. It is in the best interest of the City to ensure compliance with NEPA and CEQA is performed consistently and uniformly for all projects and a procedures handbook would assist in this. E. For projects requiring an Environmental Impact Report, an Environmental Consultant may be hired by the City (paid for by a project applicant) to prepare the necessary technical document. Qualified consultants are required to prepare this report. Section 2. Environmental Findings. A. Staff has determined that this Resolution to adopt the CEQA procedures handbooks does not represent a "project" as defined by CEQA. Therefore, the City Council hereby finds that this Resolution is exempt from the requirements of CEQA. Section 3. Adoption of Handbooks. A. The City Council of the City of Temecula hereby adopts the City of Temecula Environmental Review Procedures Handbook - CIP Projects, attached as Exhibit A, and the City of Temecula Environmental Review Procedures Handbook - Private Development Projects, attached as Exhibit B, to be used by staff and applicants alike. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Oth day of March, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1Oth day of March, 2009, 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 ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK Private Development Projects ` lit t e t1~.~I' pf 1 F.fi/pC ~ ~ ~Q J -If TEAlp~ ` 989 (989 1989 h 1989 ~x 1989 '189 1989 W EB~ p • . ~ ug TIF r► t G law ~ ~y ~ Cr , ~ r' ti , f, J , C, ' /'S""-- gi 'j1 . ` f 41 a` .F 7~-. ~ ' t~ .may s • , p : , 5. ~ , , ;~.ti 1989 ~,-'3' ~+a~ 1989-`t +tr I 1 (989 I AM J 1989 'rgr- . I9R9 p 1989 r y f -k CEiI/~~+ ti nt TE.1//.. p£ ,Vf. TE irk,, pt T9 Mfr; TE ~7 A • , ` 'fit 4 .p~K _ ~ , ~ / a I ' t, hQr~ 1949 af4 '~S1-, .t'• ,~d4 1989 4Afi~~l 1989 ~>1a. 2, y 1889 (fNf.µ 1989 .\1Mf 1939 " 1989 ilYl{~K'~ `tll. 11:'t/f~ of7Exr, ~ti iF',Il jf fkA TE,11J, ti t~E F. tF f IF. llf TEil/A 41 198 989 a~ ~ ' 1989 A~ 1989 1989 r I')N9 1989 CITY OF TEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK Private Development Projects Table of Contents Page 1. Introduction 1 1.1 Purpose of Handbook 1 1.2 Environmental Review Requirements 1 2. CEQA Review Procedures 5 2.1 City Department CEQA Review Procedures 5 2.2 Private Development Projects 6 3. Environmental Consultant Hiring Process 11 3.1 Private Development Projects 11 3.2 Qualified Consultant List 11 3.3 RFP Process 12 3.4 Consultant Selection 12 3.5 Project Initiation/Applicant Deposits 12 Appendix A: Environmental Review Process Flowchart A-1 City of Temecula Environmental Review Procedures Handbook - ESA / D208082 Private Development Projects January 2009 CHAPTER I introauction The City of Temecula Environmental Review Handbook has been developed to outline policies and procedures for private development project environmental review within the City of Temecula and to provide an overview of the environmental review process for City staff, project applicants and consultants. The handbook contains provisions for the implementation and administration of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and related technical studies. 1.1 Purpose of Handbook The handbook is organized into three (3) separate chapters, including: 1) Introduction / Overview, 2) CEQA Review Procedures and 3) Environmental Consultant Hiring Process. In addition, an appendix is included to provide a visual representation of the CEQA process. This Environmental Review Procedures Handbook has been approved by City Council resolution and any future revisions will be approved administratively by the Director of Planning in consultation with the Public Works and Community Services Departments. 1.2 Environmental Review Requirements State of California Requirements The California Environmental Quality Act (CEQA) was enacted in 1970 as a system of checks and balances for discretionary land-use development and management decisions in California. Environmental review is characterized by an Initial Study process which results in one of three possible types of CEQA documents: an Exemption, Negative Declaration (ND)/Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR). In cases where the discretionary action is not exempt from CEQA and the Initial Study concludes that the discretionary action could have a potentially significant effect on the environment (where mitigation could not reduce the impacts to below a level of significance), an EIR is required to be prepared to analyze the potential environmental effects. The City of Temecula in its statutory role as lead agency for both publicly and privately initiated projects is responsible for complying with a variety of state and federal laws pertaining to the protection of the environment. In addition, the City of Temecula in its other role as responsible agency is mandated to provide input to environmental documentation prepared by other agencies that could have an adverse effect on the City's residents and/or environment. The primary i of Temecula Environmental Review Procedures Handbook - - Private Development Projects ESA / D208082 January 2009 1. Introduction environmental compliance law that the City must comply with is the California Environmental Quality Act (CEQA). CEQA is promulgated in the California Public Resources Code, Division 13, Sections 21000 et seq. and the California Code of Regulations, Title 14, Chapter 3, Sections 15000 et seq. Online CEQA guidance (statute, guidelines and CEQA case information) is available at www.ceres.ca.gov/cega. Federal Requirements Federal agencies have environmental compliance and permit authority over certain activities (including federal funding of local projects) on federal, state and local lands and over certain resources which have been the subject of congressional legislation: (i.e., air and water quality, wildlife, and navigable waters). The National Environmental Policy Act (NEPA) was enacted by Congress in 1969 and all federal actions must comply with the provisions of NEPA (42 U.S.C 4321, et seq.) Federal actions include a variety of discretionary permits and funding. The U.S. Environmental Protection Agency generally oversees the federal agencies environmental review process and requirements, although each federal agency has developed customized guidelines for the implementation of NEPA. The responsibility for implementing some federal regulatory programs, such as those for air and water quality and toxics management, has been delegated to specific state agencies. In certain instances, local agencies are charged with federal environmental compliance requirements, usually associated with federal agency funding of a local public facility or related to a federal agency regulatory permit requirement. Typical examples of these kinds of projects include Federal Highway Administration (FHWA) funding of state or local highway improvements, projects which require dredge or fill into waters of the United States, and projects which may affect a federally listed endangered species. City of Temecula Requirements The City of Temecula General Plan states: The California Environmental Quality Act (CEQA) was adopted by the State legislature in response to a public mandate for more thorough environmental analysis of projects that might affect the environment. Provisions of the law and environmental review procedures are described in the CEQA Statutes and CEQA Guidelines. Implementation of CEQA ensures that during the decision making stage of development, City officials and the general public will be able to assess the environmental impacts associated with private and public development projects. The City of Temecula General Plan Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design and Economic Development Elements outline citywide goals, objectives and policies that establish the physical and environmental blueprint for the City and form the basis for evaluation of specific projects in a CEQA document. City of Temecula Environmental Review Procedures Handbook- 2 ESA / D208082 Private Development Projects January 2009 1. Introduction The City of Temecula Municipal Code contains specific local requirements for a variety of land uses that may be regulated through local land use permit requirements. In addition, the Old Town Specific Plan contains a listing of historic resources and outlines a procedure for making findings of historic significance. The City of Temecula is a signatory to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which has been prepared to conserve over 150,000 acres of sensitive habitat within southwestern Riverside County, including incorporated cities. The MSHCP was designed to streamline project review by minimizing federal and state resource agency permitting requirements for projects that are not located in sensitive biological resources areas (criteria cells) identified as containing sensitive habitat or species. All City of Temecula discretionary projects must demonstrate conformance with the MSHCP and the CEQA document must include this analysis. City of Temecula Environmental Review Procedures Handbook- 3 ESA / D208082 Private Development Projects January 2009 CHAPTER 2 CEQA Review Procedures The City of Temecula has developed citywide environmental review procedures to ensure that all City departments comply with local, state and federal environmental review requirements in a consistent and adequate manner. The protection of the environment is of the utmost importance to the City and its residents and shall be considered in every land use and development project decision, as promulgated by the City's General Plan and Municipal Code. 2.1 City Department CEQA Review Procedures The City of Temecula acts as: 1) Lead Agency for privately initiated projects, 2) Applicant / Lead agency for City sponsored projects, and 3) Responsible Agency for projects initiated by other agencies that could have an effect on the City's residents or environment. The City, in its role as lead and/or responsible agency, is mandated to ensure that CEQA is adequately complied with for all City discretionary actions, projects that are carried out within the City, and projects that may directly or indirectly affect the City. The following City departments are involved in the CEQA process for rp ivate development projects: 1. Planning Department - The Planning Department is the lead department for environmental review, responsible for ensuring that private development applications comply with CEQA/NEPA, as required (NEPA compliance is only required when a project has a federal nexus, including federal funding or federal permitting mandates.) The Planning Department is responsible for coordinating environmental review and document preparation. 2. Public Works Department -The Public Works Department is responsible for ensuring that private development applications are in conformance with Public Works and Capital Improvement Project requirements. For the CEQA process, the Public Works staff assists the Planning Department in. the review of environmental technical studies to ensure technical accuracy and consistency with City standards. 3. Community Services Department - The Community Services Department is responsible for ensuring that private development projects comply with city parks & recreation facilities and other community facility requirements. City of Temecula Environmental Review Procedures Handbook- 5 ESA / D208082 Private Development Projects January 2009 CEQA Review 2.2 Private Development Projects Application Submittal Requirements The Planning Department is responsible for the initial intake and processing of applications for privately initiated development projects within the City of Temecula. Applications for private development projects can include residential, commercial, industrial, mixed use, recreational, institutional and other land uses. Applicants are required to submit a completed development application and associated project materials, including any applicable project related information to the Planning Department, along with required fees and deposits to initiate project review. Project Technical Studies Applicants are discouraged from preparing or submitting technical studies for their projects prior to consulting with City staff, as the City will determine the type and extent of studies required for the project related environmental documentation. If technical studies are prepared and submitted with application materials, the studies will be peer reviewed by the City to determine if they can be utilized in the CEQA process. The City has the right to reject applicant submitted technical studies and require that they be completed by a City-selected CEQA consultant, if necessary. For complex projects it is recommended that applicants meet with the Planning Department staff prior to project application submittal to ensure that all submittal requirements are understood to avoid delays associated with incomplete case filings. Review for Exemption During the initial review of project application materials, the Planning Department will review the project application to determine whether the project is eligible for an exemption under the CEQA Guidelines. Certain classes and types of projects have been determined to be exempt from CEQA under normal circumstances. If a project is determined to be exempt, then a Notice of Determination / Notice of Exemption is filed with the County Clerk within five (5) days following project approval and no further CEQA documentation is required. The City is responsible for all required CEQA notices, while the applicant is responsible for any required filing fees. Initial Study / CEQA Document Determination Once the City determines that the project is not exempt from CEQA, an Initial Study will be prepared, pursuant to CEQA Guidelines, to assist in determining the appropriate CEQA document for the project. The City may request that the applicant provide technical studies prior to completion of the Initial Study to assist with determining the appropriate CEQA documentation. The applicant will be notified of the deposits required to fund the technical studies, which will be prepared by a City-hired consultant. Planning Department staff will complete the Initial Study following the determination that the application is accepted for filing and that all materials that will assist the City with Initial Study preparation have been submitted. The Initial Study checklist must be completely filled out with adequate supporting information City of Temecula Environmental Review Procedures Handbook- 6 ESA/D208082 Private Development Projects January 2009 2. City Department CEQA Review Procedures provided to determine if any potentially significant impact could result from implementation of the proposed project and if any project design features or mitigation measures are available to reduce the potential project impacts to less than significant levels. The Initial Study will consider all available information, including applicant submitted information during preparation of the checklist' and final determination. The Initial Study is the basis for all project related CEQA documentation requirements and determines whether the appropriate CEQA document will be a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report. The Planning Department will complete the Initial Study checklist and based on the supporting analysis determine that either: 1) the project could not have a significant effect on the environment and a Negative Declaration (ND) will be prepared, 2) the project may have a significant effect on the environment and mitigation measures have been identified to reduce the impacts to less than significant levels and a Mitigated Negative Declaration (MND) will be prepared, or 3) the project may have a significant effect on the environment and an Environmental Impact Report (EIR) is required. The applicant will be notified of the decision to prepare a CEQA document. If the Initial Study determines that an FIR is required, the City will issue a Request for Proposal (RFP) for preparation of the EIR, pursuant to the requirements contained in Chapter 3. Coordination with City Departments The Planning Department will coordinate with the Public Works Department and TCSD as required for projects that may affect a City of Temecula public facility or may require specialized technical input (traffic, hydrology, geotechnical, etc.). MSHCP Conformance Riverside County adopted the Western Riverside County Multi-Specifies Habitat Conservation Plan (MSHCP) on June 17, 2003. The City of Temecula is a signatory to the MSHCP, and therefore development projects conducted within the city are required to comply with the MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures, including city and county obligations. The first step of MSHCP review is to determine whether the project site is located within a criteria cell and/or is subject to special studies analysis. This information can be found on the Riverside County Integrated Plan (RCIP) conservation summary report generator website at www.wrc-rca.org. For all discretionary projects, the city must make a consistency determination in accordance with Section 4.0 of the MSHCP. A project located outside of a criteria area does not mean that MSHCP compliance is not necessary. All discretionary projects are subject to the Riparian/Riverine, Vernal Pool and Fairy Shrimp policies (refer to Sections 6.1.1 - 6.1.4, 6.3.1, and 6.4 of the MSHCP). If a project is located within an identified species survey area, then a habitat suitability assessment must be conducted. This biological report must make a clear determination as to whether or not suitable habitat is present. If a project is located within a City of Temecula Environmental Review Procedures Handbook- 7 ESA / D208082 Private Development Projects January 2009 2. City Department CEQA Review Procedures criteria cell, it must comply with the Reserve Assembly requirements. Once the city reviews the MSHCP biological report and has made the MSHCP consistency determinations, planning staff will send the consistency determination letter with supporting technical studies to the Western Riverside County Regional Conservation Authority (RCA). If a project is located within a criteria cell, a Joint Project Review (JPR) application will also be required. If the JPR determines that a project is located within an area identified for conservation, the city will be asked to revise the project to accommodate the conservation or proceed to the Habitat Acquisition and Negotiation Strategy (HANS) process. Negative Declaration / Mitigated Negative Declaration Should the Initial Study (including required technical studies) determine that the proposed project would result in no unavoidable adverse significant affects, the Planning Department will prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND), along with all applicable notices, postings and fees. Within 45 days of determining that a Negative Declaration is required, City staff will complete the required Notice of Intent to Adopt the Negative Declaration or Mitigated Negative Declaration. Negative Declarations require a minimum 20 or 30 day public review period, depending on the project scope as provided in the CEQA Guidelines. Negative Declarations must be completed within 180 days of an application being deemed complete. The City is responsible for all required CEQA notices, while the applicant is responsible for any required filing fees. Environmental Impact Report If the Initial Study determines that the project could result in a potentially significant effect on the environment, an Environmental Impact Report (EIR) will be prepared for the project, and the Planning Department will select a consultant to prepare the EIR. (See Chapter 3 of this document). Once the Consultant is selected, the City will prepare the Notice of Preparation for the EIR and circulate it to applicable responsible and trustee agencies, as well as interested members of the public. Planning Department staff will be responsible for managing the EIR consultant, including serving as direct liaison between the applicant and the consultant. The City is responsible for all required CEQA notices, while the applicant is responsible for any required filing fees. Mitigation Monitoring & Reporting Program Mitigation Monitoring Programs must be adopted by the final decision making body for all Mitigated Negative Declarations and EIRs to ensure that identified mitigation measures are implemented as required. Pursuant to Section 21081.6 of the Public Resources Code and the CEQA Guidelines Section 15097, a public agency is required to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. As stated in Section 21000 the Public Resources Code: City of Temecula Environmental Review Procedures Handbook- 8 ESA/D208082 Private Development Projects January 2009 2. City Department CEQA Review Procedures "...the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. CEQA provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final project approval. The public agency may delegate reporting or monitoring responsibilities to another public agency or a private entity which accepts delegations. The lead agency, however, remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the program. The applicant will have the responsibility for implementing the mitigation measures, and the various City of Temecula departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures. City of Temecula Environmental Review Procedures Handbook- 9 ESA/D208082 Private Development Projects January 2009 CHAPTER 3 Environmental Consultant Hiring Process The City of Temecula hires environmental consultants to prepare CEQA-related technical studies and Environmental Impact Reports (EIR) for private development projects where the Initial Study determines that potentially significant impacts could result with implementation of the proposed project. The following procedures summarize the consultant hiring process for EIRs and technical studies. 3.1 Private Development Projects Applicants are discouraged from preparing or submitting technical studies for the project prior to consulting with City staff as the City will determine the type and extent of studies required for the project related environmental documentation. The environmental consultant will be directly contracted with the City of Temecula and all environmental consultant interaction with the applicant and the applicant's team will be managed by the City. The City may hire an environmental consultant to assist with preparation of Mitigated Negative Declarations for projects that require specific technical studies or are more complex than a typical project requiring a Negative Declaration, as well as for the preparation of an EIR. 3.2 Qualified Consultant Lists The Planning Department maintains qualified Environmental Consultant lists which are established through a Request for Qualifications (RFQ) process that is initiated every other year. The Planning Department prepares and distributes a RFQ to consultants interested in providing CEQA services to the City of Temecula. The RFQ will be made available to the general consulting community and will be available via the City's web site. The City will review all submitted Statement of Qualifications and determine if the consultant meets the City's minimum qualification requirements, including but not limited to project understanding, technical expertise, related project experience, team qualifications and competitive budget. The list of qualified consultants shall be updated every two years (January 2009, 2011, etc.) to ensure that the City receives the highest caliber consulting services. Placement on the City's qualified CEQA consultant list does not guarantee any specific CEQA work. City of Temecula Environmental Review Procedures Handbook- ESA/D208082 Private Development Projects January2009 3. Environmental 3.3 RFP Process When the Planning Department determines that an EIR, MND, or technical study is required for a private development project, the City will select a limited number of environmental consultants from the qualified consultant list to receive a Request for Proposal (RFP). RFP's will be mailed to a select number of consultants as determined by either a rotating list or a grouping of consultants determined to be highly qualified for a particular type of project. The RFP will clearly spell out the project description and the requested environmental consulting services required for the proposed project and will specify a due date and the required number of copies of the proposal to be submitted to the City. The RFP may also include other requirements as determined by the City. In addition, the RFP will clearly spell out the selection criteria and any criterion weight. Consultants may be disqualified from final selection, if the City determines that any conflict of interest exists. 3.4 Consultant Selection The City of Temecula will review all proposals submitted for a project CEQA document and make a determination of the most qualified proposal that meets the needs of the City. The City may elect to form a committee to review all submitted proposals and may conduct interviews of the most qualified consultants to assist in the final consultant selection. The successful consultant will be notified upon selection and will enter into contract negotiations with the City. All consultant contracts must be approved by the appropriate City authority in accordance with current city purchasing procedures. 3.5 Project Initiation/Applicant Deposits For private development projects, the City shall collect the total amount of the contract plus a City administrative fee for processing the environmental documents from the applicant. The environmental consultant will be given notice to proceed when the funds have been received from the applicant. City staff will provide updates to the project applicant regarding project budget/available funds. City of Temecula Environmental Review Procedures Handbook- 12 ESA/D208082 Private Development Projects January 2009 APPENDIX A Environmental Review Process Flowchart City of Temecula Environmental Review Procedures Handbook- A-1 ESA/D208082 Private Development Projects January2009 City of Temecula Environmental Review Process PRIVATE DEVELOPMENT PROJECTS NOE - Notice of Exemption NOD - Notice of Determination NOA - Notice of Availability NOP - Notice of Preparation NOG - Notice of Completion EIR - Environmental Impact Report ND - Negative Declaration MND - Mitigated Negative Declaration MMRP - Mitigation Monitoring Reporting Program CITY OFTEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK CIP Projects and City's Role as Responsible Agency CITY OF TEMECULA ENVIRONMENTAL REVIEW PROCEDURES HANDBOOK IP Projects and City's Role as Responsible Agency Table of Contents Page 1. Introduction 1.1 Purpose of Handbook 1 1.2 Environmental Review Requirements 1 1 2. CEQA Review Procedures 2.1 City CEQA Review Procedures 5 2.2 CIP Projects 5 5 2.3 CEQA Requirements for In-House CIP Projects 2.4 Joint Agency Projects 7 2.5 Review of Other Agency Environmental Documents 10 10 3. Environmental Consultant Hiring Process 3.1 CIP Projects 11 3.2 Qualified Consultant List 11 3.3 RFP Process 11 11 3.4 Consultant Selection 12 Appendices A. Environmental Review Process Flowchart A-1 B. Project Information Checklist B-1 City of Temecula Environmental Review Procedures Hantlbook- ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 CHAPTER 1 Introduction The City of Temecula Environmental Review handbook has been developed to outline policies and procedures for Capital Improvement Program (CIP) project environmental review within the City of Temecula and to provide an overview of the environmental review process for City staff and consultants. The handbook contains provisions for the implementation and administration of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and related technical studies. 1.1 Purpose of Handbook The handbook is organized into three (3) separate chapters, including: 1) Introduction / Overview, 2) CEQA Review Procedures and 3) Environmental Consultant Hiring Process. In addition, an appendix is included to provide additional resources. This Environmental Review Procedures Handbook has been adopted by resolution by the City Council and any future revisions will be approved administratively by the Director of Planning in consultation with the Public Works and Community Services Departments. 1.2 Environmental Review Requirements State of California Requirements The California Environmental Quality Act (CEQA) was enacted in 1970 as a system of checks and balances for discretionary land-use development and management decisions in California. Environmental review is characterized by an Initial Study process which results in one of three possible types of CEQA documents: an Exemption, Negative Declaration (ND)/Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR). In cases where the discretionary action is not exempt from CEQA, and the Initial Study concludes that the discretionary action could have a potentially significant effect on the environment (where mitigation could not reduce the impacts to below a level of significance), an EIR is required to be prepared to analyze the potential environmental effects. The City of Temecula in its statutory role as lead agency for both publicly and privately initiated projects is responsible for complying with a variety of state and federal laws pertaining to the protection of the environment. In addition, the City of Temecula in its other role as responsible agency is mandated to provide input to environmental documentation prepared by other agencies that could have an adverse effect on the City's residents and/or environment. The primary City of Temecula Environmental Review Procedures Handbook- ESA I D208082 CIP Projects and City's Role as Responsible Agency January 2009 environmental compliance law that the City must comply with is the California Environmental Quality Act (CEQA). CEQA is promulgated in the California Public Resources Code, Division 13, Sections 21000 et seq. and the California Code of Regulations, Title 14, Chapter 3, Sections 15000 et seg. Online CEQA guidance (statute, guidelines and CEQA case information) is available at www.ceres.ca.gov/cega. Federal Requirements Federal agencies have environmental compliance and permit authority over certain activities (including federal funding of local projects) on federal, state and local lands and over certain resources which have been the subject of congressional legislation: (i.e., air and water quality, wildlife, and navigable waters). The National Environmental Policy Act (NEPA) was enacted by Congress in 1969 and all federal actions must comply with the provisions of NEPA (42 U.S.C 4321, et seq.) Federal actions include a variety of discretionary permits and funding. The U.S. Environmental Protection Agency generally oversees the federal agencies environmental review process and requirements, although each federal agency has developed customized guidelines for the implementation of NEPA. The responsibility for implementing some federal regulatory programs, such as those for air and water quality and toxics management, has been delegated to specific state agencies. In certain instances, local agencies are charged with federal environmental compliance requirements, usually associated with federal agency funding of a local public facility or related to a federal agency regulatory permit requirement. Typical examples of these kinds of projects include Federal Highway Administration (FHWA) funding of state or local highway improvements, projects which require dredge or fill into waters of the United States, and projects which may affect a federally listed endangered species. City of Temecula Requirements The City of Temecula General Plan states: The California Environmental Quality Act (CEQA) was adopted by the State legislature in response to a public mandate for more thorough environmental analysis of projects that might affect the environment. Provisions of the law and environmental review procedures are described in the CEQA Statutes and CEQA Guidelines. Implementation of CEQA ensures that during the decision making stage of development, City officials and the general public will be able to assess the environmental impacts associated with private and public development projects. The City of Temecula General Plan Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design and Economic Development Elements outline citywide goals, objectives and policies that establish the physical and environmental blueprint for the City and form the basis for evaluation of specific projects in a CEQA document. City of Temecula Environmental Review Procedures Handbook- 2 ESA I D208082 CIP Projects and City's Role as Responsible Agency January 2009 The City of Temecula Municipal Code contains specific local requirements for a variety of land uses that may be regulated through local land use permit requirements. In addition, the Old Town Specific Plan contains a listing of historic resources and outlines a procedure for making findings of historic significance. The City of Temecula is a signatory to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which has been prepared to conserve over 150,000 acres of sensitive habitat within south western Riverside County, including incorporated cities. The MSIICP was designed to streamline project review by minimizing federal and state resource agency permitting requirements for projects that are not located in sensitive biological resources areas (criteria cells) identified as containing sensitive habitat or species. All City of Temecula discretionary projects must demonstrate conformance with the MSHCP and the CEQA document must include this analysis. City of Temecula EmAronmenfal Review Procedures Handbook- 3 ESA/D208082 CIP Projects and City's Role as Responsible Agency January 2009 CHAPTER 2 CEQA Review Procedures The City of Temecula has developed citywide environmental review procedures to ensure that all City departments comply with local, state and federal environmental review requirements in a consistent and adequate manner. The protection of the environment is of the utmost importance to the City and its residents and shall be considered in every land use and development project decision, as promulgated by the City's General Plan and Municipal Code. 2.1 City CEQA Review Procedures The City of Temecula acts as: 1) Lead Agency for privately initiated projects, 2) Applicant / Lead agency for City sponsored projects, and 3) Responsible Agency for projects initiated by other agencies that could have an effect on the City's residents or environment. The City, in its role as lead and/or responsible agency, is mandated to ensure that CEQA is adequately complied with for all City discretionary actions, projects that are carried out within the City, and projects that may directly or indirectly affect the City. The following City departments are involved in the CEQA process for CIP projects: Public Works Department - The Public Works Department is responsible for ensuring that City of Temecula Public Works and Capital Improvement Projects comply with CEQA and NEPA as required. Public Works staff will work with Planning Department staff to coordinate required environmental review (see Appendix B). NEPA compliance is only required when a project has a federal nexus, including federal funding or federal permitting mandates. City of Temecula Public Works projects include local roadway and drainage improvement projects, public facilities and interstate highway improvements, as well as coordination with local water, sewer and dry utility agencies/companies. 2. Planning Department - The Planning Department is the lead department for environmental review and is responsible for coordinating with the Public Works and Community Services Departments on CEQA documentation and CEQA expertise relating to environmental issues including aesthetics, air quality, biological resources (including MSHCP compliance), cultural resources, noise, hazardous materials and other related issues. 3. Community Services Department - The Cormnunity Services Department is responsible for ensuring that city parks & recreation facilities and other community City of Temecula Environmental Review Procedures Handbook- S ESA/D208082 CIP Projects and City's Role as Responsible Agency January 2009 CEQA Review Procedures facility projects comply with CEQA/NEPA. The Community Services Department works closely with both the Planning Department and the Public Works Department to ensure CEQA/NEPA compliance for their projects. Community Services staff will work with Planning Department staff to coordinate required environmental review (see Appendix B). 2.2 CIP Projects CIP projects generally fall into one of the following categories: 1) In-house (City) designed projects, 2) consultant designed projects and 3) highway and flood control projects. In-House City Designed Projects For in-house (City) designed projects, once the project scope is conceptually defined through preliminary design development, a memo is sent to the Planning Department with the scope or the preliminary plans requesting review and determination of the level of document and required studies, if any (See Appendix B). The project manager (Public Works or Community Services staff) works with the Planning Department to satisfy the project's CEQA documentation requirements. The environmental review procedure outlined in Section 2.3 will be complied with for in-house public works design projects. CEQA documentation requirements (Exemption / ND / MND) will be completed by City planning staff for most projects, unless an EIR is required, which would require hiring an environmental consultant to complete the CEQA document and any required studies during the design process. In-house city designed projects may also involve other environmental permitting requirements, including state or federal resource agency jurisdictional permitting or biological or cultural resource monitoring during construction operations, as defined by the approved mitigation monitoring program. City Projects Designed by Consultants Public Works/Community Services projects designed by consultants are procured through the Request for Proposal (RFP) process (initiated by the lead department) and typically have both engineering design and environmental services packaged together. If environmental services are requested, the lead department will involve the Planning Department in the RFP process to ensure that environmental issues are addressed as part of the design phase of the project. The selected environmental consultant will prepare all environmental documentation as outlined in Section 2.3. The lead department is responsible for coordinating with the Planning Department to ensure that the appropriate type of CEQA document is prepared and processed for the project. The Planning Department is available to assist with CEQA documentation as required. Normally, the selected engineering design and environmental consultant have worked together historically on numerous projects and they would already have established relationships and protocols for coordination and data transfer. This close teaming relationship assists with City of Temecula Environmental Review Procedures Handbook- 6 ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 2. City Department CEQA Review Procedures minimizing inefficiencies and ensures that environmental impacts are eliminated or minimized through project design modifications during the design process. Highway and Flood Control Projects with State or Federal Involvement Under State of California guidelines, the State Department of Transportation (Caltrans) takes the lead in the preparation of the highway project CEQA and NEPA (federally funded) documents. The Public Works Department will hire an environmental consultant to work closely with Caltrans environmental staff to prepare the proper environmental documents (similar to the consultant designed projects, except that the City's Planning Department has a minimum role in this process, since the State takes the lead). The Public Works Department manages the environmental consultant and Caltrans manages the environmental process. Typical highway projects that would fall into this type of process include interchanges, bridges over state/federal highways and state/federal facility widening. Flood control projects may involve partnering with regional, state and /or federal agencies to design, permit or fund facilities. Similar to the Caltrans environmental process, the Public Works Department will retain the environmental consultants and the state or federal agency will oversee the process. An exception to this process may occur when projects are regional in nature and benefit an area larger than the City of Temecula. In these cases, the City then becomes a responsible agency and provides input to the lead agency for the environmental documents. 2.3 CEQA Requirements for In-House CIP Projects Review for Exemption During the initial review of project materials, the Planning Department will review the project description to determine whether the project is eligible for an exemption under the CEQA Guidelines. Certain classes and types of projects have been determined to be exempt from CEQA under normal circumstances. If a project is determined to be exempt, then a Notice of Determination / Notice of Exemption is filed with the County Clerk within five (5) days following project approval and no further CEQA documentation is required. The Planning Department will prepare the Notice of Exemption (NOE) and return the completed NOE to the lead department (Pubic Works or Community Services) to file it and associated fees with the County Clerk. Initial Study / CEQA Document Determination If it is determined that the project is not exempt from CEQA, an Initial Study will be prepared, pursuant to CEQA Guidelines, to assist in determining the appropriate CEQA document for the project. Technical studies may be required prior to completion of the Initial Study to assist with determining the appropriate CEQA documentation. If technical studies are required, the Public Works Department will hire the appropriate consultants. The Initial Study checklist must be City of Temecula Environmental Review Procedures Handbook- 7 ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 2. City Department CEQA Review Procedures completely filled out with adequate supporting information provided to determine if any potentially significant impact could result from implementation of the proposed project and if any project design features or mitigation measures are available to reduce the potential project impacts to less than significant levels. The Initial Study will consider all available information. The Initial Study is the basis for all project related CEQA documentation requirements and determines whether the appropriate CEQA document will be a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report. The Planning Department will complete the Initial Study checklist and based on the supporting analysis determine that either: 1) the project could not have a significant effect on the environment and a Negative Declaration (ND) will be prepared, 2) the project may have a significant effect on the environment and mitigation measures have been identified to reduce the impacts to less than significant levels and a Mitigated Negative Declaration (MND) will be prepared, or 3) the project may have a significant effect on the environment and an Environmental Impact Report (EIR) is required. If the Initial Study determines that an FIR is required, the City will issue a Request for Proposal (RFP) for preparation of the FIR, pursuant to the requirements contained in Chapter 3. MSHCP Conformance Riverside County adopted the Western Riverside County Multi-Specifies Habitat Conservation Plan (MSHCP) on June 17, 2003. The City of Temecula is a signatory to the MSHCP, and therefore development projects conducted within the city are required to comply with the MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures, including city and county obligations. The first step of MSHCP review is to determine whether the project site is located within a criteria cell and/or is subject to special studies analysis. This information can be found on the Riverside County Integrated Plan (RCIP) conservation summary report generator website at www.wre-rca.org. For all discretionary projects, the City must make a consistency determination in accordance with Section 4.0 of the MSHCP. A project located outside of a criteria area does not mean that MSHCP compliance is not necessary. All discretionary projects are subject to the Riparian/Riverine, Vernal Pool and Fairy Shrimp policies (refer to Sections 6.1.1 - 6.1.4, 6.3.1, and 6.4 of the MSHCP). If a project is located within an identified species survey area, then a habitat suitability assessment must be conducted. This biological report must make a clear determination as to whether or not suitable habitat is present. If a project is located within a criteria cell, it must comply with the Reserve Assembly requirements. Once the city reviews the MSHCP biological report and has made the MSHCP consistency determinations, planning staff will send the consistency determination letter with supporting technical studies to the Western Riverside County Regional Conservation Authority (RCA). If a project is located within a criteria cell, a Joint Project Review (JPR) application will also be required. If the JPR determines that a project is located within an area identified for conservation, the city will be asked to revise the project to accommodate the conservation or proceed to the Habitat Acquisition and Negotiation Strategy (HANS) process. City of Temecula Environmental Review Procedures Handbook- 8 ESA/D208082 CIP Projects and City's Role as Responsible Agency January 2009 2. City Department CEQA Review Procedures Negative Declaration / Mitigated Negative Declaration Should the Initial Study (including required technical studies) determine that the proposed project would result in no unavoidable adverse significant effects, the Planning Department will prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND), along with all applicable notices, postings and fees. Within 45 days of determining that a Negative Declaration is required, Planning staff will complete the required Notice of Intent to Adopt the Negative Declaration or Mitigated Negative Declaration. Negative Declarations require a minimum 20 or 30 day public review period, depending on the project scope. The City is responsible for all required CEQA notices. The Planning Department will prepare the Notice of Intent (NOI) and file it with the county clerk. The Planning Department will prepare the Notice of Determination (NOD) and return the completed NOD to the lead department (Pubic Works or Community Services) to file it and associated fees, with the County Clerk. Environmental Impact Report If the Initial Study determines that the project could result in a potentially significant effect on the environment, an Environmental Impact Report (EIR) will be prepared for the project, and the Public Works or Planning Department will select a consultant to prepare the EIR. The Planning Department will prepare requisite CEQA notices for CIP projects, and return the completed notices to the lead department (Pubic Works or Community Services) to file, along with associated fees, with the County Clerk. Mitigation Monitoring & Reporting Program Mitigation Monitoring Programs must be adopted by the final decision making body for all Mitigated Negative Declarations and EIRs to ensure that identified mitigation measures are implemented as required. Pursuant to the Public Resources Code and the CEQA Guidelines, a public agency is required to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. As stated in the Public Resources Code: "...the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. " CEQA provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final project approval. The public agency may delegate reporting or monitoring responsibilities to another public agency or a private entity which accepts delegations. The City, as the applicant, will have the responsibility for implementing the mitigation measures, and for monitoring and reporting the implementation of the mitigation measures. City of Temecula Environmental Review Procedures Handbook- 9 ESA / D208082 CIP Projects and Quys Role as Responsible Agency January 2009 CEQA Review Procedures 2.4 Joint Agency Projects Joint agency projects occur relatively infrequently and typically require partnering with other local, state and/or federal agencies for the design, construction and operation of a project within the City of Temecula. The City may participate in the funding of a regional transportation or flood control facility and may function as a co-lead agency, depending on the circumstances of the project. 2.5 Review of Other Agency Environmental Documents The City of Temecula, in its role as responsible agency, routinely reviews and comments on CEQA and NEPA documents prepared by other lead agencies that could potentially result in an adverse effect to City residents or the environment. These documents are typically prepared by surrounding jurisdictions including Riverside County (TLMA, Transportation Department, Facilities Management, and Flood Control & Water Conservation District), Riverside County Transportation Commission, San Diego County, the City of Murrieta, Pechanga, Caltrans, etc. The City of Temecula Planning Department will review all incoming notices for other agency CEQA/NEPA documents and make a determination if the project could result in adverse effects to the City of Temecula and if the CEQA/NEPA document requires review and comment by the City. As part of this review, the Planning Department will coordinate with the Pubic Works Department for the review of the traffic and other technical studies. The Planning Department will coordinate the City's comments and will solicit input from other City departments as required. The Planning Department is responsible for ensuring that City comments are included in the CEQA/NEPA document and if any additional follow-up (additional comments, meetings and/or public hearing attendance) is required. City of Temecula Environmental Review Procedures Handbook- 10 ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 CHAPTER 3 Environmental Consultant Processes The City of Temecula hires environmental consultants to prepare CEQA-related technical studies and Environmental Impact Reports (EIR) for CIP projects where the Initial Study determines that potentially significant impacts could result with implementation of the proposed project. The following procedures summarize the consultant hiring process for EIRs and technical studies. 3.1 CIP Projects The City of Temecula directly hires environmental consultants to prepare CEQA compliance documents (Environmental Impact Reports and Negative Declarations) for CIP projects where the Initial Study determines that potentially significant impacts could result from implementation of the proposed project. Depending on the type of project, either the Planning Department, Public Works Department, or Community Services Department will oversee this process. The design and CEQA consultants are generally hired as a team under one contract. The City may hire an environmental consultant to assist with preparation of Mitigated Negative Declarations for projects that require specific technical studies or are more complex than a typical project requiring a Negative Declaration. 3.2 Qualified Consultant Lists The Planning and Public Works Departments maintain qualified Environmental Consultant lists. The Planning Department list is established through a Request for Qualifications (RFQ) process that is initiated every other year to ensure that the City receives the highest caliber consulting services. For CIP projects, consultants may request to be added to the list at any time. Placement on the City's qualified CEQA consultant lists does not guarantee any specific CEQA work. 3.3 RFP Process For projects designed in-house that may require an EIR or MND (as determined by Planning staff), the City will select a limited number of environmental consultants from the qualified consultant lists to receive a Request for Proposal (RFP). RFP's will be mailed to a select number of consultants as determined by either a rotating list or a grouping of consultants determined to be highly qualified for a particular type of project. The RFP will clearly spelt out City of Temecula Emrronmental Review Procedures Handbook- ESA/0208082 CIP Projects and City's Role as Responsible Agency January 2009 Consultant Hiring Process the project description and the requested environmental consulting services required for the proposed project and will specify a due date and the required number of copies of the proposal to be submitted to the City. The RFP may also include other requirements as determined by the City. Consultants may be disqualified from final selection, if the City determines that any conflict of interest exists. 3.4 Consultant Selection The City of Temecula will review all proposals submitted for a project CEQA document and make a determination of the most qualified proposal that meets the needs of the City. The City may elect to form a committee to review all submitted proposals and may conduct interviews of the most qualified consultants to assist in the final consultant selection. The successful consultant will be notified upon selection and will enter into contract negotiations with the City. All consultant contracts must be approved by the appropriate City authority in accordance with current City purchasing procedures. City of Temecula Environmental Review Procedures Handbook - 12 ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 APPENDICES A. Environmental Process Flowchart B. Project Information Checklist City of Temecula Environmental Review Procedures Handbook - ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 APPENDIX A Environmental Process Flowchart City of Temecula Environmental Review Procedures Handbook- A-1 ESA/ D208082 CIE Projects and City's Role as Responsible Agency January 2009 City of Temecula Environmental Review Process CAPITAL IMPROVEMENT PROGRAM PROJECTS PW) port aration i Reporting Program APPENDIX B Project Information Checklist City of Temecula Environmental Review Procedures Handbook- B-1 ESA / D208082 CIP Projects and City's Role as Responsible Agency January 2009 Project Information Checklist The Project Manager should include the following information when requesting a Planning Department CEQA evaluation: • Contact name / telephone number • Due Date - Please allow a minimum of 3 weeks • Plans - 11 x 17 or full size • Detailed project description including: 1) type of project (maintenance/new construction), 2) lineal feet, 3) building size and 4) property size • Aerial photograph illustrating location and limits of work • Project schedule / duration of work • "Type of equipment to be used • Is right-of-way acquisition required? If yes, provide details. • Is a generator proposed? If yes, provide details ITEM NO. 1 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: March 10, 2009 SUBJECT: General Maintenance Expenditure with Quaid Temecula Harley-Davidson PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council approve an additional expenditure of $15,500 for General Maintenance Services with Quaid Temecula Harley Davidson, bringing the total FY08-09 annual expenditure to $45,500. BACKGROUND: The City of Temecula Police Department has thirteen Harley-Davidson motorcycles in its traffic division. The City purchases maintenance for these motorcycles from Quaid Temecula Harley-Davidson. Under the current service agreement with Quaid, the City pays for general wear and tear maintenance and non-warranty repairs such as new tires, brake pads and oil changes. In Fiscal Year 2008-09, $28,861 has been spent to date in maintenance and service charges. It is estimated that an additional $15,500 will be needed to meet the needs for the current year. This annual projected amount is slightly less than the $46,436 spent in FY 2007-08 due to the Police Department leaving two motorcycle positions unfunded beginning January 2009 as part of the mid year budget adjustment, which will reduce the anticipated maintenance for the remainder of the year. FISCAL IMPACT: Adequate funds exist within the 2008-09 Police Department budget to meet the annual expenditure of $45,500. TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 11 ACTION MINUTES of FEBRUARY 24, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:43 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 13 Action Minutes:- Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the action minutes of February 10, 2009. 14 Approval of 2008-09 Mid-Year Budget Adjustments - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. CSD 09-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2008-09 ANNUAL OPERATING BUDGETS CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:44 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 10, 2009, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 DISTRICT BUSINESS ITEM NO. 12 Approvals City Attorney 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: March 10, 2009 SUBJECT: Mayor's Summer Youth Employment Program PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services Charles Walker, Human Services Manager RECOMMENDATION: That the Board of Directors receive and file a report on the Mayor's Summer Youth Employment Program. BACKGROUND: The Mayor's Summer Youth Employment Program is a new program being offered through the Community Services Department this year. Proposed during the Youth Master Plan process, staff has been working on the program in an effort to bring it forward to the community this spring. The program goal is to place youth between the ages of 14 and 24 with local employers during the summer months. It is anticipated that positions will be filled for six to eight weeks during the summer and maybe full time or part time opportunities. The goal is to provide summer employment for at least 250 youth within our community. Along with earning a paycheck, the youth will have an opportunity to learn or improve soft skills, such as resume writing, interviewing skills, dressing for success, and basis work ethics expected on the job. Employers may expect youth who have been pre-screened, have provided right-to-work documents, and have gone through the soft skill training. In addition, TCSD staff will mentor the youth throughout their employment experience. Staff will also stay in contact with the employer to ensure that any potential problems are addressed. TCSD anticipates a partnership with the Riverside County Economic Development Agency (EDA) for this program. EDA is slated to receive federal stimulus money over the next two years. Staff has met with EDA, explained our program and filed an application for funding. The EDA has expressed great interest in our program and a desire to partner with us in its execution. Third District County Supervisor Stone's office has already committed $20,000 in the form of a Community Improvement Designation grant to cover administrative costs to operate the program. FISCAL IMPACT: Administrative costs to administer this program are budgeted at $20,000; these funds are provided through a Community Improvement Designation grant from Third District County Supervisor Stone's Office. Funding for youth participant wages may be provided through an EDA Federal stimulus funding grant, community-based organizational employment or a combination of both. REDEVELOPMENT AGENCY ITEM NO. 13 ACTION MINUTES of FEBRUARY 24, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:44 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 1 Action Minutes - Approved Staff Recommendation (5-0-0) - Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve the action minutes of February 10, 2009. 2 Approval of 2008-09 Mid-Year Budget Adjustments - Approved Staff Recommendation (5-0-0) - Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2008-09 ANNUAL OPERATING BUDGETS RDA PUBLIC HEARING 18 First Amendment to Owner Participation Agreement for Warehouse at Creekside Project - Approved Staff Recommendation (4-0-1) - Agency Member Comerchero made the motion; it was seconded by Agency Member Washington; and electronic vote reflected approval with the exception of Agency Member Edwards who abstained. RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED COMPANY Although her employer does not have a relationship with Mr. Dalton on this project, Agency Member Edwards noted that she would be abstaining with regard to this item because of the historic relationship between her employer and Mr. Dalton. Because the stock ownership in Mission Oaks National Bank is less than 10%, City Attorney Thorson advised that Agency Members Naggar and Roberts would not have a conflict of interest as it would relate to this item. Chair Person Roberts clarified that he does not own any stock in Mission Oaks National Bank but that his wife does. In response to Agency Member Washington, City Thorson advised that the bank involved with this project is not Mission Oaks National Bank. Housing and Redevelopment Director Meyer provided the staff report (as per agenda material). There being no public input, the public hearing was closed. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:49 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 10, 2009, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] PUBLIC HEARING ITEM NO. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, City Planner DATE: March 10, 2009 SUBJECT: Proposed Ordinance to repeal Chapter 8.32 (Noise Control) of the Temecula Municipal Code and amending Sections 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.D and 9.20.070.A.1 of the Temecula Municipal Code concerning regulation of noise PREPARED BY: Patrick Richardson, City Planner RECOMMENDATION: That the City Council: Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.D, AND 9.20.070.A.1 OF THE TEMECULA MUNICIPAL CODE CONCERNING REGULATION OF NOISE SUMMARY OF ORDINANCE: The proposed Ordinance would repeal Chapter 8.32 (Noise Control) of the Temecula Municipal Code because the provisions of this Chapterare now contained in Section 9.20.060.D of the Temecula Municipal Code. The proposed Ordinance would also amend Sections 9.20.020. E, 9.20.020. F, 9.20.040, 9.20.050, 9.20.060. D, and 9.20.070.A.1 of the Temecula Municipal Code to add water districts and school districts to the definition of "Government Agency" in Section 9.20.020. F to exempt them from the provisions of Chapter 9 (Noise), to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements from Sections 9.20.020.E and 9.20.040, and to add language to Section 9.20.050 that will require code enforcement staff, park rangers and police officers who will be using a noise meter to take three separate noise readings, taken not less than five minutes apart over a 30-minute time frame, using A-weighted decibel (d BA) readings which three readings will then be averaged to provide a noise reading. BACKGROUND: On October 9, 2007, the City Council approved the City's Noise Ordinance. Subsequent to this approval, code enforcement staff has encountered some issues relative to use of the noise meters. Currently, Section 9.20.050 of the Ordinance provides the sound level measurement methodology. It is this methodology that is problematic for the code enforcement staff. Staff is proposing to amend the Temecula Municipal Code to add water districts and school districts to the definition of "Government Agency" in Section 9.20.020.F to exempt them from the provisions of Chapter 9 (Noise), to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements from Sections 9.20.020.E and 9.20.040, and to add language to Section 9.20.050 that will require code enforcement staff, park rangers and police officers who will be using a noise meter to take three separate noise readings, taken not less than five minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings. These three readings will then be averaged to provide a noise reading. The language in the Noise Ordinance currently allows noise readings to be taken using a community noise equivalent level (CNEL) which means taking the reading over a 24-hour period. This type of reading is not appropriate for noise violations such as a loud party, loud band or barking dog. Staff proposes to change this language to require the use of the A-weighted decibel scale (dBA). The A- weighted decibel scale measures noise from a single source or a combination of sources at a point in time. This change to the Ordinance will further allow staff to follow the building code as it relates to sound transmission. To allow for construction related exemptions, staff proposes that language be added to Section 9.20.060.D to allow for construction activity on Sunday and nationally recognized holidays if exempted by Section 9.20.070 of the Temecula Municipal Code, and to add language to Section 9.20.070.A.1 requiring that an application for exemptions be filed at least 72 hours in advance of scheduled and permitted activity and specifying that the application is subjectto approval bythe City Manager or his designated representative. Because the provisions of Chapter 8.32 were moved and are now contained in Section 9.20.060.D of the Temecula Municipal Code, staff is proposing to repeal Chapter 8.32 (Noise Control) of the Temecula Municipal Code. The proposed Ordinance was presented to the Planning Commission on February 4, 2009. Planning staff had recommended that language be added to Section 9.20.050 of the Temecula Municipal Code requiring that "The transmission of noise shall be measured bythe average of three A-weighted decibel (dBA) noise readings, taken ten minutes apart over a 30-minute time frame". The Planning Commission recommended changing this proposed language to require thatthe noise reading be taken not less than five minutes apart over a 30-minute time frame. The Planning Commission also recommended that the last sentence of Section 9.20.050 be revised to read "Sound level meters and calibration equipment shall be certified to industry standards annually" (adding the words "to industry standards"). The proposed Ordinance has been revised to address the Planning Commission's recommendations. FISCAL IMPACT: None ATTACHMENTS: Proposed Ordinance February 4, 2009 Planning Commission Staff Report ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA MUNICIPAL CODE AND AMENDING SECTIONS 9.20.020.E, 9.20.020.F, 9.20.040, 9.20.050, 9.20.060.13, AND 9.20.070.A.1 OF THE TEMECULA MUNICIPAL CODE CONCERNING REGULATION OF NOISE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.32, Noise Control, of the Temecula Municipal Code is hereby repealed. The provisions of Chapter 8.32 were moved and are now contained in Section 9.20.060.D of the Temecula Municipal Code. Section 2. Section 9.20.020.E of the Temecula Municipal Code is hereby amended to read as follows: "E. "Decibel" means a unit (dB) for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using the methodology defined below: 1. A-weighting (d BA) means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds. 2. Maximum Sound level (Lmax) means the maximum sound level measured on a sound level meter." Section 3. Section 9.20.020.F of the Temecula Municipal Code is hereby amended to read as follows: "F. "Governmental Agency" means the United States, the State of California, the County of Riverside, the City of Temecula, water districts, school districts, or any combination of these agencies." Section 4. Section 9.20.040 of the Temecula Municipal Code is hereby amended to read as follows: "9.20.040 General Sound Level Standards. No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Tables N-1 and N-2. TABLE N-1 TEMECULA LAND USE /NOISE STANDARDS Maximum Noise Level Property Receiving Noise (dBA) Type of Use Land Use Interior Exterior Designation Hillside Rural Very Low 45 65 Residential Low Low Medium Medium 45 65/70' High 45 70' Neighborhood Community Commercial and Highway Tourist 70 Office Service Professio na I Office 50 70 Light Industrial Industrial Park 55 75 Schools 50 65 tit ti P bli /I l u c ns u ona All others 50 70 O S Vineyards/Agriculture 70 pen pace z Open Space 70/65 Maximum exterior noise levels up to 70 dBA are allowed for Multiple-Family Housing. Where quiet is a basis required for the land use. TABLE N-2 NOISE/LAND USE COMPATIBILITY MATRIX Land Use Noise Exposure (dBA) 55 60 65 70 75 80 of Residential ffiwawma" , Transient Lodging - Motel, FFFFFFP Hotel Schools, Libraries, ` FFFFFF Churches, Hospitals, N i H urs ng omes Auditoriums Concert Halls 99 , , Amphitheaters Sports Arena Outdoor , Spectator SportS2 Playgrounds, Parks Golf Course Ridin ii g , Stables Water Recreation , , Cemeteries Office Buildings Business , Commercial, and Professional 0;~NNNN Industrial, Manufacturing, Utilities, Agriculture Source: Modified from 1998 State of California General Plan Guidelines. Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved meet conventional Title 24 construction standards. No special noise insulation requirements. FF i~W~ff Conditionally Acceptable: New construction or development shall be undertaken only after a detailed TWTW~ff TWTW~ff noise analysis is made and noise reduction measures are identified and included in the project design. Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a detailed analysis is required, noise reduction measures must be identified, and noise insulation features included in the design. Molm Clearly Unacceptable: New construction or development clearly should not be undertaken. Section 5. Section 9.20.050 of the Temecula Municipal Code is hereby amended to read as follows: "9.20.050 Sound Level Measurement Methodology. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.20.080 of this Chapter. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. The transmission of noise shall be measured by the average of three A-weighted decibel (d BA) noise readings, taken not less than five minutes apart over a 30-minute time frame. Following a sound level measurement, the calibration of the sound level meter shall be re-verified. Sound level meters and calibration equipment shall be certified to industry standards annually." Section 6. Section 9.20.060.D of the Temecula Municipal Code is hereby amended to read as follows: "D. Construction. No person shall engage in or conduct construction activity, when the construction site is within one-quarter mile of an occupied residence, between the hours of 6:30 p.m. and 7:00 a.m., Monday through Friday, and shall only engage in or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. on Saturday. No construction activity shall be undertaken on Sunday and nationally recognized holidays unless exempted by Section 9.20.070 of the Temecula Municipal Code. Public works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this subsection D. Residents working on their homes or property are exempt from the prohibition of construction activities on Sundays and holidays and shall only engage in or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. when working on Sundays and holidays. The City Council may, by formal action, exempt projects from the provisions of this Chapter." Section 7. Section 9.20.070.A.1 of the Temecula Municipal Code is hereby amended to read as follows: "A. Application and Processing. 1. Construction-Related Exceptions. An application for a Construction Related Exception shall be made on a Minor Exception form. The form shall be submitted in writing at least three working days (72 hours) in advance of the scheduled and permitted activity and shall be accompanied by the appropriate inspection fee(s). The application is subject to approval by the City Manager or his designated representative. No Public Hearing is required." Section 8. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall supersede the provisions of any Ordinances in conflict therewith adopted by reference in Chapter 1.08 of the Temecula Municipal Code. Section 9. SEVERABILITY. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 10. EFFECTIVE DATE. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of March, 2009. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of March, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk COUNCIL BUSINESS ITEM NO. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: March 10, 2009 SUBJECT: Establishment and Appointment of Ad-Hoc Subcommittee--Youth Court (at the Request of Mayor Pro-Tem Comerchero) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: Establish an ad-hoc subcommittee to work in partnership with the City of Murrieta and the County of Riverside to establish a Youth Court; 2. Appoint two City Council Members to serve on the subcommittee. BACKGROUND: In partnership with the City of Murrieta and the County of Riverside, the City of Temecula will establish an Ad-Hoc Sub-Committee for the development of a Youth Court program. It is the intention to form a Youth Court and the County of Riverside has offered to provide space for the Youth Court to meet. Once established, teens who participate in youth court would have already plead guilty to their offenses. Youth court is run almost exclusively by students who act as student prosecutors, student defense attorneys, student bailiffs, and student jurors. Once the student jury finds a minor guilty, they then impose the consequences. The recommended sentences could be any combination of constructive punishment to include writing essays, community service hours, counseling, and jail tours in youth court. This entire process would be legally binding and supervised by a Riverside County Superior Court judge. The City of Temecula has had a youth court in the past, called Juvenile Offender Law Enforcement Team or JOLT, but was discontinued in 2004 after six years of "trials" due to county budget reductions. Mayor Edwards and Mayor Pro-Tem Comerchero have volunteered their time to engage in the pursuit of this project and have requested to be considered for appointments to the newly formed Ad-Hoc Sub-Committee for Youth Court. FISCAL IMPACT: Undetermined at this time. Any costs allocated to this program would have to be approved in the upcoming Fiscal Year 2009/2010 Budget. It is recommended that the costs associated with the Youth Court be shared among the Cities of Temecula, Murrieta, and the County of Riverside. ATTACHMENTS: None.