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HomeMy WebLinkAbout082509 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 AUGUST 25, 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 pursuant to Government Code Sections: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to 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: 09-07 Resolution: 09-75 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Tiffany Christensen Invocation: Reverend Pat Campbell, Temecula Valley Church of Religious Science Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards 1 PRESENTATIONS/PROCLAMATIONS Constitution Week Proclamation United Way Day of Caring Proclamation Business/ Industry Recognition Program - Medical Indust Temecula Children's Museum Nickelodeon Award 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 August 11, 2009. 3 List of Demands RECOMMENDATION: 3.1 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 Access to Summary Criminal History Information RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ACCESS SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND PERMITTEES Approve FY 2009-10 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce RECOMMENDATION: 5.1 Approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. Approval of Temecula Vallev Convention & Visitors Bureau FY 2009-10 Marketin Agreement RECOMMENDATION: 6.1 Approve the Marketing Agreement which provides City Marketing Funding Support of $108,000 to the Temecula Valley Convention & Visitors Bureau (CONVIS). Memorandum of Understanding between California State University San Marcos, Temecula Valley Unified School District, the City of Temecula, and the Temecula Valley Chamber of Commerce - CSUSM Enrollment Advantage RECOMMENDATION: 7.1 Approve the Memorandum of Understanding (MOU) between California State University San Marcos, Temecula Valley Unified School District, the City of Temecula, and the Temecula Valley Chamber of Commerce. License Aareement between the Citv of Temecula and Safe Alternatives for Evervone (S.A. F.E.) RECOMMENDATION: 8.1 Approve the License Agreement between the City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) for Use of Real Property. Parcel Map 32158 (located on the west side of Bostik Court, south of Winchester Road) RECOMMENDATION: 9.1 Approve Parcel Map 32158 in conformance with the Conditions of Approval. 10 Parcel Map 36055 (located on the south side of 3rd Street, west of Old Town Front Street) RECOMMENDATION: 10.1 Approve Parcel Map 36055 in conformance with the Conditions of Approval. 11 Second Amendment to Agreement with Crosstown Electrical & Data. Inc.. for Construction Services - CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway - Project No. PW07-07 RECOMMENDATION: 1 1.1 Approve a Second Amendment to the Agreement with Crosstown Electrical & Data, Inc., for Construction Services for CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway for an amount not to exceed $35,600. 12 Minor Construction Aareement to Install Fiber Optic Cable associated with the Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway - Project No. PW07-07 RECOMMENDATION: 12.1 Approve a Minor Construction Agreement with SECC Corporation for an amount not to exceed $56,195; 12.2 Authorize the City Manager to approve change orders not to exceed the 10% contingency amount of $5,620. 13 Second Amendment to the Agreement with GFB Friedrich, Inc., for De Portola Road Pavement Rehabilitation - Project No. PW06-10 RECOMMENDATION: 13.1 Approve the Second Amendment to the Agreement with GFB Friedrich, Inc., in an amount not to exceed $8,950 for additional engineering design services necessary to modify the design for De Portola Road Pavement Rehabilitation - Project No. PW06-10 - and extend the term of the Agreement through June 30, 2010. 14 Award a Construction Contract to High-Light Electric, Inc., for Traffic Signal Interconnect Equipment Installation - Project No. PW04-05 RECOMMENDATION: 14.1 Award a construction contract for Traffic Signal Interconnect Equipment Installation - Project No. PW04-05 - to High-Light Electric, Inc., in the amount of $211,878, which includes the base bid of $175,878 and Additive Bid No. 1 in the amount of $36,000; 14.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $21,187.80, which is equal to 10% of the contract amount; 14.3 Make a finding that the Traffic Signal Interconnect Equipment Installation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Second Reading of Ordinance No. 09-06 RECOMMENDATION: 15.1 Adopt an ordinance entitled: ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS, AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY 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 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of August 11, 2009. 17 Approval of the Specifications and Authorization to Solicit Construction Bids for City Hall Parking Lot Improvement RECOMMENDATION: 17.1 Approve the specifications for the Project; 17.2 Authorize the Community Services Department to solicit constructions bids for the City Hall Parking Lot Improvement. 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 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of August 11, 2009. 19 Amendment No. 2 to the Professional Services Agreement with Nichols. Melburg & Rossetto for Additional Services associated with the Old Town Infrastructure Project - Parking Structure and Office/Retail - PW06-070 D) RECOMMENDATION: 19.1 Approve Amendment No. 2 to the Professional Services Agreement with Nichols, Melburg & Rossetto (NMR) for additional services associated with obtaining LEED Certification of the Old Town Infrastructure Project, Parking Structure and Office/Retail in the amount of $159,388 and authorize the Chairperson to execute the amendment. 20 Annual Agreements for Consulting Services with Keyser Marston Associates, Inc., for Real Estate Economic Services and Affordable Housing Consulting Services for Fiscal Year 2009-10 RECOMMENDATION: 20.1 Approve an agreement with Keyser Marston Associates, Inc., in the amount of $65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2009-10 and authorize the Redevelopment Chairperson to execute the agreement; 20.2 Approve an agreement with Keyser Marston Associates, Inc., in the amount of $60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year 2009-10 and authorize the Redevelopment Chairperson to execute the agreement. RDA DEPARTMENTAL REPORT 21 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. DEPARTMENTAL REPORTS 22 Planning Department Monthly Report 23 Public Works Department Monthly Report 24 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, September 8, 2009, at 5:30 P.M., for a Closed Session, with the 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.org 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. 8 N ot~ CIO 0 O U N CIO c3 u U G ca a s. 71 a~ i w 1 -C~ O ti a v' 5 o x 7~ Q 4p\ o O ~ ~ a a ~ v U o U o 1 , Q N ~ r c3 O p ~j , O , ~ 4 Cd ~ ~A v, o v ~y ;r~ ~ Q 4-4 a a U a o 4-4 ~ Cv Jc~ 0o) 'D U rA C, N W ~ W W ~ W ' W O K M M M M M d 'd } U A O 71.1 ct i m U N v' O p Q G N ~ 7j u CIO H 3 ' ~ ~ ~ ~ . ~ • U , ' cu fir/ 4 a_j ct ct O d G ct N U 0 H °...i c~ U) G G 14 c E-+ G O v V] -Z~ - O O ° c8 , O 7:~ ~--l c~ ct ,r O 4 7:~ w C w ~ w w '2r o "tiS Z o ct CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 11, 2009 - 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Pastor Steve Struikmans, Rancho Community Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Present: Comerchero, Naggar, Washington, Edwards Absent: Roberts PRESENTATIONS/PROCLAMATIONS Plein Air Contest Winner - 2009 Best of Show PUBLIC COMMENTS Liz Bibb presented a flag to the City Council that was flown over Iraq and requested this flag be flown over City Hall for the next week commencing with a 7:30 a.m. flag raising. Kelly Daniels, representing Temecula Valley Chamber of Commerce, introduced the "Shop Temecula First" program to the City Council and encouraged all Temecula citizens to support their local businesses. Chuck Rear spoke regarding the importance of water conservation and recycling. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. 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 (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 2.1 Approve the action minutes of July 28, 2009. List of Demands - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of June 30, 2009 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2009. Ar)r)roval of a Purchase and Sale Aareement to Sell an Ar)r)roximate 0.875 Acre Portion of Assessor Parcel Number 921-021-088, at the NW corner of Diaz Road and Business Park Drive_- Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 5.1 Approve a Purchase and Sale Agreement between the City of Temecula and 43455 BPD, LLC for the Sale of an approximate 0.875 Acre portion of Assessor Parcel Number (APN) 921-021-088 and authorize the City Manager to sign the Agreement. Amendment to the Western Riverside Council of Governments Joint Powers Agreement (at the request of Council Member Washington) - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 6.1 Approve the Amendment to the Western Riverside Council of Government's (WRCOG) Joint Powers Agreement (JPA) to include Eastern Municipal Water District and Western Municipal Water District as full voting members and authorize the Mayor to execute the Amendment on behalf of the City. Sixth Amendment to the Professional Services Agreement with Project Design Consultants for the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Proiect No. PW00-26 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 7.1 Approve the Sixth Amendment to the agreement with Project Design Consultants in an amount not to exceed $62,250 for additional services to complete the improvement plans for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road - Project No. PW00-26. Settlement of Eminent Domain Proceeding: Litigation City of Temecula v. Borchard- Temecula, L.P., et al. (Riverside County Superior Court Case No. 519307) for the Pechanga Parkway Dual right Turn Lanes from Temecula Parkway - Protect No. PW06-11 - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 8.1 Approve the following documents substantially in the form attached: • Stipulation for Entry of Final Judgment and Final Order of Condemnation Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L. P. (subject to resolution of issues between the City and County of Riverside and the City and Pacific Bell Telephone Company); • Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of Temecula and AT&T Corp.; Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of Temecula and Verizon California, Inc. 8.2 Authorize the City Manager to approve a settlement and Stipulation for Interlocutory Judgment with Pacific Bell Telephone Company on terms substantially similar to the terms set forth in the Stipulation for Interlocutory Judgment Submitted by Plaintiff City of Temecula and Verizon California, Inc. Authorization to cooperate with the League of California Cities, the California Redevelopment Association, and other Cities and Counties in litigation challenging the constitutionality of any seizure by State Government of the City's Property Tax Street Maintenance and Redevelopment Funds._- Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES, AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S PROPERTY TAX, STREET MAINTENANCE, AND REDEVELOPMENT FUNDS 10 Police Department Office of Traffic Safety (OTS) Grant Funding - Approved Staff Recommendation (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Member Roberts was absent. RECOMMENDATION: 10.1 Increase estimated General Fund Grant Revenue by $79,000; 10.2 Appropriate $79,000 from General Fund Grant Revenue to the Police Department. At 7:16 P.M., the City Council convened as the Temecula Community Services District, and the Redevelopment Agency. At 9:05 P.M., the City Council resumed with regular business. PUBLIC HEARING 11 Parades and Special Events on Public Property Ordinance - Approved Staff Recommendation 17.1 and 17.2 (4-0-1) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council member Roberts was absent. RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS, AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY 17.2 Adopt a resolution entitled: RESOLUTION NO. 09-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE SPECIAL EVENT PERMIT FEE IN ACCORDANCE WITH CHAPTER 12.12 OF THE TEMECULA MUNICPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:14 P.M., the City Council meeting was formally adjourned to Thursday, August 20, 2009 at 7:00 P.M., for the purpose of a Workshop on Community Health Services, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: City Council Regular, Tuesday, August 25, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 5 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: August 25, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant 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 No. 09- 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 $4,723,500.70. 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 25th day of August, 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 25th day of August, 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 07/30/2009 TOTAL CHECK RUN 08/06/2009 TOTAL CHECK RUN 08/06/2009 TOTAL PAYROLL RUN: $ 2,603,391.71 1,544,534.45 575,574.54 TOTAL LIST OF DEMANDS FOR 08/252009 COUNCIL MEETING: $ 4,723,500.70 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 2,695,549.22 165 AFFORDABLE HOUSING 17,987.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 264,923.59 192 TCSD SERVICE LEVEL B 138.70 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 24,822.87 194 TCSD SERVICE LEVEL D 1,370.32 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,045.67 197 TEMECULA LIBRARY FUND 6,475.47 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,006,789.58 280 REDEVELOPMENT AGENCY - CIP PROJECT 23,259.26 300 INSURANCE FUND 2,633.59 320 INFORMATION SYSTEMS 59,885.16 330 SUPPORT SERVICES 3,356.31 340 FACILITIES 26,289.65 375 SUMMER YOUTH EMPLOYMENT PROGRAM 10,063.04 700 CERBT CALIFORNIA BE RETIREE-GASB45 2,336.58 $ 4,147,926.16 001 GENERAL FUND $ 308,677.32 165 AFFORDABLE HOUSING 10,861.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 144,632.55 192 TCSD SERVICE LEVEL B 148.53 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,596.47 194 TCSD SERVICE LEVEL D 1,400.99 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,279.85 197 TEMECULA LIBRARY FUND 824.78 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,304.02 300 INSURANCE FUND 1,270.46 320 INFORMATION SYSTEMS 23,991.19 330 SUPPORT SERVICES 4,850.54 340 FACILITIES 8,904.66 375 SUMMER YOUTH EMPLOYMENT PROGRAM 54,519.07 700 CERBT CALIFORNIA BE RETIREE-GASB45 5,312.63 575,574.54 TOTAL BY FUND: $ 4,723,500.70 apChkLst Final Check List Page: 1 07/3012009 10:58:18AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 132943 07123/2009 008552 ADKINS DESIGN CONSULTING Youth Media Arts Poster design 132944 07130/2009 008552 ADKINS DESIGN CONSULTING Jul graphic design svcs: Theater 132945 07130/2009 012855 AITCHISON & WATTERS INC doc preservation svcs: TV Museum 132946 07130/2009 009374 ALLEGRO MUSICAL VENTURES Jul piano tuning/repair: Theater 132947 07130/2009 002187 ANIMAL FRIENDS OF THE June animal control services VALLEYS 132948 07/3012009 001323 ARROWHEAD WATER INC Bottled wtr svcs: CM Bottled wtr svcs: Fld Op Ctr Bottled wtr svcs: Theater Bottled wtr svcs: Library Bottled wtr svcs: TCC Bottled wtr svcs: Ch Museum Bottled wtr svcs: Skate Park Bottled wtr svcs: TV Museum Bottled wtr svcs: TES pool Bottled wtr svcs: CHS pool Bottled wtr svcs: PBSP Bottled wtr svcs: CRC Bottled wtr svcs: Maint Facility Bottled wtr svcs: City Hall 132949 07130/2009 132950 07130/2009 132951 07130/2009 132952 07130/2009 132953 07130/2009 132954 07130/2009 132955 07130/2009 Amount Paid 141.42 5,064.67 2,000.00 145.00 13,000.00 12.44 73.22 31.71 62.89 32.44 31.71 8.69 17.93 34.96 40.03 39.50 206.40 153.56 312.42 172.09 230.00 4,970.00 462.23 949.00 541.60 96.07 1,280.00 2,670.00 Check Total 141.42 5,064.67 2,000.00 145.00 13,000.00 1,057.90 172.09 230.00 4,970.00 462.23 1,490.60 96.07 3,950.00 Page:1 012834 013019 009776 010354 004262 005665 012583 AUDIO ADDICTION INC AUTOMATED FREQUENCY COORDINC BAKER WINDOW & DOOR BATTERIES PLUS #316 BIO-TOX LABORATORIES BLACK'S TOWING BLANCA Y PRICE battery install: Medics FCC License Calsense radio system Res Impr Pgrm: Baskent, A. & H batteries: Theater DUI & drug screenings: Police DUI & drug screenings: Police emergency lock out bags: Fire Jul landscape plan ck svcs: Planning Jul landscape pln ck svc:Planning apChkLst Final Check List Page: 2 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132956 07130/2009 006908 C C & COMPANY INC entertainment:Hot Summer Ngts 825.00 825.00 132957 07130/2009 000638 CALIF DEPT OF CONSERVATION 2009 2nd Qtr pmt:strong motion 2,951.81 2,951.81 132958 07130/2009 004248 CALIF DEPT OF JUSTICE- Jun fingerprinting svcs:PDIHRISYEP 4,427.00 4,427.00 ACCTING 132959 07130/2009 000518 CARE ANIMAL HOSPITAL veterinary svcs: Police K-9 Casper 183.00 183.00 132960 07130/2009 012957 CHAVEZ, ALMA refund:little tot chef 1550.101 50.00 50.00 132961 07130/2009 000137 CHEVRON AND TEXACO City vehicles fuel: CM 298.82 298.82 132962 07130/2009 003534 CLOUD PRODUCTIONS entertainment:Hot Summer Ngt 7/24 600.00 600.00 132963 07130/2009 004017 COMERCHERO, JEFF refund: colorlb&w printer ink cartridge 95.55 95.55 132964 07130/2009 011868 CONVALIAN PRODUCTIONS performance: Summer Concert 816 1,500.00 1,500.00 132965 07130/2009 013020 COSTANZA, LAUREN refund: overpayment to account 35.00 35.00 132966 07130/2009 013016 CR STUDIO 4 TCSD Instructor Earnings 637.00 TCSD Instructor Earnings 1,046.50 TCSD Instructor Earnings 910.00 2,593.50 132967 07130/2009 001393 DATA TICKET INC Jun citation processing svc: Police 2,806.05 2,806.05 132968 07130/2009 012600 DAVID EVANS & ASSOCIATES Jun eng svcs: Nicolas Valley 1,334.50 1,334.50 INC 132969 07130/2009 003945 DIAMOND ENVIRONMENTAL Jul portable toilet svc: Vail Ranch 52.88 52.88 SRVCS 132970 07130/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSDIB&S 1,578.24 INC Fuel for City vehicles: TCSD 72.49 Fuel for City vehicles: Police 74.69 08109 Clean Air Grant 150,000.00 151,725.42 132971 07130/2009 011202 E M H SPORTS & FITNESS TCSD instructor earnings 1,344.00 TCSD instructor earnings 420.00 1,764.00 Paget apChkLst Final Check List Page: 3 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132972 07130/2009 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 238.00 AILEEN TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 42.00 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 112.00 1,050.00 132973 07130/2009 011375 EDUCATIONAL INNOVATIONS INC misc supplies: Children's Museum 37.61 37.61 132974 07130/2009 011203 ENVIRONMENTAL CLEANING Jul janitorial svcs: Parks/Schools 5,315.00 5,315.00 132975 07130/2009 001056 EXCEL LANDSCAPE plant install: Tradewinds slopes 2,377.88 landscape repair: Pechaga Pkwy 350.00 landscape maint: Avondale 645.00 landscape maint: Solana medians 4,100.00 7,472.88 132976 07/30/2009 012879 EXHIBIT COMPANY, THE trade show display final pymt 486.65 486.65 132977 07130/2009 009953 FEDERAL CLEANING Jul janitorial svc: PD mall office 625.00 625.00 CONTRACTORS 132978 07130/2009 000165 FEDERAL EXPRESS INC Jun express mail svcs: Citywide 628.10 711-6 express mail svcs: Citywide 215.18 843.28 132979 07130/2009 003747 FINE ARTS NETWORK sttlmnt: Beauty & the Beast Jul '09 175.21 175.21 132980 07130/2009 007008 FISHER SCIENTIFIC COMPANY rescue equip/supplies: Paramedics 1,391.21 1,391.21 132981 07130/2009 011145 FOSTER, JILL C. TCSD instructor earnings 1,071.00 TCSD instructor earnings 1,102.50 2,173.50 132982 07/30/2009 002982 FRANCHISE TAX BOARD order/withhold Case# 565458254 114.00 114.00 132983 07130/2009 004178 FREEDOM SIGNS 150th anniversary banner:Econ Dev 456.00 CA Franchise Tax Brd withholding -114.00 342.00 132984 07130/2009 007804 GAZER, GEOFFREY entertainment:Hot Summer Ngts 500.00 500.00 132985 07130/2009 001937 GALLS INC red glock training gun: Police 160.95 160.95 132986 07130/2009 012066 GEOCON INLAND EMPIRE INC Jun geotech svc:Pechanga Pkwy 6,209.00 6,209.00 Page:3 apChkLst Final Check List Page: 4 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132987 07130/2009 011883 GOOGLE INC. google earth renewal: Info Sys 1,600.00 1,600.00 132988 07130/2009 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 100.00 GROUP INC pre-employment physicals: HR 25.00 pre-employment physicals: HR 50.00 pre-employment physicals: HR 25.00 200.00 132989 07130/2009 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 4,550.00 TCSD Instructor Earnings 2,975.00 TCSD Instructor Earnings 4,812.50 12,337.50 132990 07130/2009 003106 HERITAGE SECURITY SERVICES security Svcs: 4th of July 5,310.00 5,310.00 132991 07130/2009 013021 HUMPHREY, SUSAN refund:belly dancing 3002.201 48.00 48.00 132992 07130/2009 011342 I A C ENGINEERING INC. Jun Const:Murrieta Creek Trail 10,813.23 10,813.23 132993 07130/2009 004406 IGOE & COMPANY INC Jul flex benefit plan pmt 294.00 294.00 132994 07130/2009 001407 INTER VALLEY POOL SUPPLY chemical supplies: Aquatics 839.06 839.06 INC 132995 07130/2009 009393 J M DIAZ INC Apr eng svcs:Tem Pkwy striping 1,220.00 Jun eng svcs:Tem Pkwy striping 530.00 1,750.00 132996 07130/2009 012295 JAMESON MANAGEMENT INC door repair: MPSC 201.00 door repair: MPSC 603.05 804.05 132997 07130/2009 008715 KRAMER FIRM INC telecom app cnslting: Planning 2,000.00 2,000.00 132998 07130/2009 001085 L N CURTIS & SONS rescue equip supplies: Stn 73 241.05 241.05 132999 07130/2009 000380 LAIDLAW TRANSIT INC transportation: Summer Day Camp 489.97 489.97 133000 07130/2009 005090 LOS RANCHITOS HOME, Property dues: APN 922-190-035 25.00 OWNERS ASSOC. Property dues: APN 922-140-010 25.00 50.00 133001 07130/2009 013022 M & D DEVELOPMENT, LLC refund:eng dep:partial wrk completed 13,173.60 13,173.60 133002 07130/2009 004813 M & J PAUL ENTERPRISES INC Jolly jump rentalAth of July events 1,200.00 Equip rental:day camp 7/9109 1,000.00 2,200.00 Page-.4 apChkLst Final Check List Page: 5 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133003 07130/2009 008716 MAGEE, BILL Entertainment:Hot Summer Nights 7117 650.00 650.00 133004 07130/2009 013023 MARTINEZ, HILDA refund:swim lessons lev 3:5103.405 48.00 48.00 133005 07130/2009 013024 MCCULLOUGH, MARK refund:picnic shelter:tem hills park 43.00 43.00 133006 07130/2009 012580 MINUTEMAN PRESS Business cards:police mall storefront 194.70 Business cards:m.ching 45.37 240.07 133007 07130/2009 005887 MOFFATT & NICHOL ENGINEERS May ConsultlEng Srvcs:F.V.Pkwy 46,674.86 46,674.86 133008 07130/2009 001986 MUZAK-SOUTHERN CALIFORNIA Aug music broadcast:Old Town 69.11 Jul music broadcast:Old Town 69.11 138.22 133009 07130/2009 002925 NAPA AUTO PARTS Hardware supplies:fire prev 128.68 City vehicle parts & supplies:medics 210.95 339.63 133010 07130/2009 000727 NATIONAL FIRE PROTECTION fy 09110 membership dues:E. Wigle 150.00 150.00 ASSN 133011 07130/2009 008528 NICHOLS, MELBURG & ROSETTO May Dsgn:Old Town Infrastructure 31,147.40 May Eng Srvcs:Civic Center 1,787.28 Arch itectlEngineering Srvs:Civic Center 60,550.88 93,485.56 133012 07130/2009 002139 NORTH COUNTY TIMES 5121109-5122110 subscr:Police 152609 126.00 126.00 133013 07130/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 58.21 City Vehicle Maint Svcs:TCSD 1,275.81 1,334.02 133014 07130/2009 008871 ORIGINAL LIFEGUARD INC Lifeguard uniforms:aquatics pgrm 1,403.09 1,403.09 133015 07130/2009 011284 P D S WEST 211109-7115109 consult srvcs:nicholas 1,068.50 1,068.50 133016 07130/2009 013025 PARKER, TONY refund:tvcd dance camp 302.00 302.00 133017 07130/2009 002498 PETRA GEOTECHNICAL INC Apr geotech srvcs:marg rd storm drain 3,642.50 May geotech srvcs:marg rd storm drain 2,620.00 6,262.50 133018 07130/2009 010958 PIPS TECHNOLOGY INC (3) ALPR purchase:police 75,067.87 75,067.87 133019 07130/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 504.00 504.00 Pagea apChkLst Final Check List Page: 6 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133020 07130/2009 008964 PULSIFER, JAMES Entertainment:Hot Summer Nights 7117 750.00 750.00 133021 07130/2009 013027 RAMIREZ, ALICICA refund:sec dep:rm rental:crc 400.00 400.00 133022 07130/2009 008415 RANCHO CALIF AUTO COLLISION Equip repair & maint:pd helmets 250.00 250.00 133023 07130/2009 002072 RANCHO CALIF WATER DIST- meter fees:POC-A & POC-B 7,607.00 7,607.00 FEES 133024 07130/2009 000262 RANCHO CALIF WATER DISTRICT July:various water meters:tcsd 27,117.39 July:water meters:30875 rncho vista 539.41 July:water meter:30650 pauba rd 372.84 July:water meter:30650 pauba rd 15.39 28,045.03 133025 07130/2009 002654 RANCHO FORD LINCOLN City vehicle parts & supplies:fire prev 45.90 45.90 MERCURY 133026 0713012009 004584 REGENCY LIGHTING Misc electrical supplies:crc 540.33 electrical supplies:Old Town 1,993.18 Misc electrical supplies:library 143.80 2,677.31 133027 07130/2009 003591 RENES COMMERCIAL herbicide application: Citywide 9,750.00 9,750.00 MANAGEMENT 133028 07130/2009 002110 RENTAL SERVICE tool/equip rental: PW Maint 18.40 18.40 CORPORATION 133029 07130/2009 000406 RIVERSIDE CO SHERIFFS DEPT 5121-6130:law enforcement 1,972,667.29 Jun'09 Booking Fees 1,098.90 1,973,766.19 133030 07130/2009 007700 RIVERSIDE COUNTY SHERIFF (8) regist Expl Acd Trn 813-7: PD 1,500.00 1,500.00 DEPT. 133031 07130/2009 004822 RIVERSIDE TRANSIT AGENCY (2) bus passes:Mayor's SYEP 85.00 85.00 133032 07130/2009 013026 RUTLEDGE, DEANNA refund:dr sears lean start 1350.201 60.00 60.00 133033 07130/2009 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 1,859.17 1,859.17 LIGHTING 133034 07130/2009 009980 SANBORN, GWYN Country @ the Merc 7111109 564.00 Country @ the Merc 7118109 543.00 1,107.00 133035 07130/2009 010315 SELFRIDGE, SIU YING & refund:bigfoots...cartoon camp 64.00 64.00 MICHAEL Page6 apChkLst Final Check List Page: 7 0713012009 10:58:18AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 133036 0713012009 009213 SHERRY BERRY MUSIC (Continued) Description Amount Paid Jazz @ the Merc 7/16109 252.00 Check Total 252.00 133037 07130/2009 004814 SIMON WONG ENGINEERING INC Jun Dsgn:Main Street Bridge/Murr Creek 9,646.20 9,646.20 133038 07130/2009 000645 SMART & FINAL INC Misc supplies:day camp 77.11 Misc supplies:day camp 118.42 Misc supplies:children's museum 79.08 Recogn supplies:ee luncheon 7/7 284.28 558.89 133039 07130/2009 000537 SO CALIF EDISON June:2-31-693-9784:26036 ynez TC1 226.41 July:2-27-371-8494 offsite storage 27.89 July:2-20-817-9929 police O.T. stn 361.76 July:2-28-904-7706 overland trail 169.24 July:2-21-981-4720 Hwy 79S 30.99 July:2-28-331-4847 pauba rd 111.73 July:2-29-223-8607 old twn PED 460.51 July:2-29-933-3831 FOC 3,038.04 July:2-14-204-1615 front st rdio 42.81 July:2-19-171-8568 wedding chpl 76.05 July:2-18-937-3152 T.museum 1,505.74 July:2-02-351-4946 MPSC 2,435.33 July:2-29-657-2787 Winchester rd 19.20 July:2-29-807-1093 irrig diaz rd 21.69 July:2-29-807-1226 diaz rd irrig 20.73 July:2-29-807-1382 irrigation meter 19.84 July:2-31-419-2873:43000 hwy 395 19.84 July:2-31-031-2616:27991 diaz PED 19.37 July:2-31-282-0665:27407 diaz PED 20.87 July:2-30-099-3847:29721 ryecrest 73.77 8,701.81 133040 07130/2009 001212 SO CALIF GAS COMPANY July:091-024-9300-5 CRC 543.70 July:026-671-2909-8 comm theater 24.86 July:021-725-0775-4 MPSC 57.05 July: 101-525-0950-0 TCC 25.77 July:181-383-8881-6 T. museum 11.96 July:196-025-0344-3 C. museum 0.92 July: 125-244-2108-3 Library 14.30 July:133-040-7373-0 maint fac 19.33 July: 101-525-1560-6: FS#73 51.13 July:095-167-7907-2: FS#84 123.31 872.33 133041 07/30/2009 000293 STADIUM PIZZA INC Refreshments:day camp 7116109 323.41 323.41 133042 07130/2009 012188 STRONG FAMILIES TCSD Instructor Earnings 21.00 21.00 Page:? apChkLst Final Check List Page: 8 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133043 07130/2009 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 2,266.25 2,266.25 133044 07130/2009 007698 SWANK MOTIONS PICTURES, "RW rental:movies in the park 7117 371.00 INC. "Polar Express" rental: movies/park 7124 371.00 "Kung Fu Panda" rental: m ovi es/park 7110 421.00 1,163.00 133045 0713012009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:childrens museum 16.81 Misc supplies:day camp 87.09 Misc supplies:day camp 64.32 Misc supplies:day camp 59.80 228.02 133046 07130/2009 010848 TEMECULA PLANTSCAPE Jul lease srvcs:Library 200.00 200.00 133047 07130/2009 011736 TEMECULA TROPHY INC nametagslplates:KightlPumalDir PIn1RDA 50.03 Recognition plaques & awards:csd 420.86 470.89 133048 07130/2009 000668 TIMMY D PRODUCTIONS INC Jul sound tech srvcs:concert series 3,750.00 Jul sound tech: Movies/Park Series 6,000.00 9,750.00 133049 07130/2009 000319 TOMARK SPORTS INC Equip & supplies:csd sports pgrm 3,470.71 3,470.71 133050 07130/2009 012000 TRANSAMERICAN AUTO PART City Veh Repair & Maint:Fire Prevention 518.93 518.93 CO LLC 133051 07130/2009 013028 TRINITY TENTS & EVENTS, INC. refund:ping app/ withdrawn 270.00 270.00 133052 07130/2009 012725 TRZOP, NICHELLE TCSD Instructor Earnings 862.40 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 1,411.20 3,214.40 133053 07130/2009 004145 TW TELECOM July:city phones general usage 5,749.00 5,749.00 133054 07130/2009 010276 TW TELECOM July:high speed internet:mpsc 236.32 236.32 133055 07130/2009 004759 TWIN GRAPHICS City vehicle graphics:Police 1,131.38 City vehicle graphics: Police 565.69 City vehicle graphics: Police 1,141.88 City vehicle graphics: Police 353.44 3,192.39 133056 07130/2009 009709 U H S OF RANCHO SPRINGS, INC Apr-Jun '09 forensic srvcs:Police 5,400.00 5,400.00 133057 07130/2009 003497 VAIL RANCH MIDDLE SCHOOL Alice in Wonderland Prgm agmnt pmt 971.25 971.25 Page:B apChkLst Final Check List Page: 9 07/30/2009 10:58:1 8AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133058 07130/2009 004261 VERIZON July:xxx-2075 general usage 33.24 July:xxx-5275 general usage 36.63 July:xxx-2016 general usage 120.33 July:xxx-5706 gen usage:FOC 180.41 July:xxx-2676 general usage 35.52 July:xxx-5696 gen usage:sport comp 35.52 July: xxx-3526 gen usage:fire alarm 106.54 548.19 133059 07130/2009 012015 VERIZON BUSINESS FIOS July:internet svcs:EOC b/u library 439.95 439.95 133060 07130/2009 004789 VERIZON ONLINE July:internet svcs:PD DSL 42.99 42.99 133061 07130/2009 000339 WEST PUBLISHING CORP Jun City hall legal publications 228.42 228.42 133062 07130/2009 000230 WILLDAN FINANCIAL SERVICES Jul-Sep assessment eng:tcsd 5,599.98 5,599.98 133063 07130/2009 013006 WYMAN, ROBERT KURT TCSD Instructor Earnings 81.90 TCSD Instructor Earnings 54.60 TCSD Instructor Earnings 27.30 163.80 Grand total for UNION BANK OF CALIFORNIA: 2,603,391.71 Page9 apChkLst Final Check List Page: 10 0713012009 10:58:18AM CITY OF TEMECULA 121 checks in this report. Grand Total All Checks: 2,603,391.71 Page:10 apChkLst Final Check List Page: 1 0810612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1303 08/06/2009 000444 INSTATAX (EDD) State Disability Ins Payment 26,830.68 26,830.68 1304 08106/2009 000283 INSTATAX(IRS) Federal Income Taxes Payment 95,860.26 95,860.26 1305 08106/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 35,643.48 35,643.48 SOLUTION 1306 08106/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 9,931.92 9,931.92 SOLUTION 1307 08106/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 126,806.38 126,806.38 RETIREMENT) 1308 08106/2009 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 91,399.48 Blue Shield HMO Payment 0.00 91,399.48 1309 08106/2009 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 9,748.92 9,748.92 1310 08106/2009 010349 CALIF DEPT OF CHILD SUPPORT Support payment 578.84 578.84 133064 08104/2009 005872 MUNICIPAL INFO SYS ASSN OF '09 excellence/tech practices appl.fee 100.00 100.00 CAL 133065 08105/2009 005872 MUNICIPAL INFO SYS ASSN OF FY 09/10 mbrshp dues:T.Thorson 240.00 240.00 CAL 133066 08106/2009 003552 A F L A C AFLAC Cancer Payment 3,291.88 3,291.88 133067 0810612009 013031 ACACIA SPORTS refund:eng grad dep:42044 winchstr 995.00 995.00 133068 0810612009 008552 ADKINS DESIGN CONSULTING Jul graphic design svcs: Theater 1,078.78 1,078.78 133069 08106/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental: Hot Summer Nights 21.19 21.19 133070 08/06/2009 013032 ALTURA CREDIT UNION refund:eng grad dep:PM 29132 995.00 995.00 133071 08106/2009 013015 ALWAYS RELIABLE BACKFLOW backflowtesting:Vail Rnch Pkwy 44.00 backflowtesting:Vail Rnch Pkwy 22.00 backflowtesting:Vail Rnch Pkwy 22.00 88.00 Page:1 apChkLst Final Check List 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 133072 08106/2009 012817 ARK MARKETING lamp post banner ads: Theater 133073 08106/2009 002648 AUTO CLUB OF SOUTHERN Membership: 13117974 RS CALIF Membership: 31708272 JM Membership: 25799883 SN 133074 08106/2009 004757 AUTO MALL COLLISION CENTER vehicle repairlmaint: TCSD 133075 08106/2009 013033 B & B CONTRACTORS refund:eng grad dep:44060 marg. rd 133076 08106/2009 013034 B & K INVESTMENTS refund:eng grad dep:PM 21383 133077 08/06/2009 012187 B T I APPRAISAL Jun appraisal svcs: PW CIP 133078 08106/2009 004040 BIG FOOT GRAPHICS TCSD instructor earnings TCSD instructor earnings 133079 08106/2009 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 133080 08106/2009 012583 BLANCA Y PRICE credit:billing adj review fees not paid Jul landscape pln ck svc: Planning 133081 08106/2009 008741 BORCHARD-TEMECULA LLC refund:eng grad dep:TM 30180 133082 08106/2009 004380 BOY SCOUTS OF AMERICA recycling sponsorship pgrm: 714109 133083 08106/2009 000128 BROWN & BROWN OF CALIF INC May-Jun WC Ins HACRUB9055L51208 133084 08106/2009 013036 BURKE, JEROME refund:eng grad dep:41655 4th st 133085 08106/2009 013037 BURKEY MACHINE & TOOL CORP refund:eng grad dep:27430 bostik ct 133086 08106/2009 006908 C C & COMPANY INC 133087 08106/2009 013038 CAL-PALOMA DEL SOL, LLC entertainment:Summer Concerts refund:eng grad dep:TM 24185 refund:eng grad dep:TM 24186 refund:eng grad dep:TM 24184 refund:eng grad dep:TM 24182 refund:eng grad dep:TM 24188-1 Amount Paid 406.00 47.00 47.00 76.00 1,693.83 3,730.00 995.00 1,647.50 644.00 1,400.00 796.17 -1,110.00 3,110.00 995.00 195.00 80,261.00 995.00 995.00 750.00 995.00 995.00 995.00 995.00 995.00 Page: 2 Check Total 406.00 170.00 1,693.83 3,730.00 995.00 1,647.50 2,044.00 796.17 2,000.00 995.00 195.00 80,261.00 995.00 995.00 750.00 4,975.00 Page2 apChkLst Final Check List Page: 3 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133088 08106/2009 007794 CAL-PASEO DEL SOL, LLC, C/O refund:eng grad dep:TM 24188-2 995.00 NEWLAND COMMUNITIES refund:eng grad dep:TM 24183 995.00 1,990.00 133089 08106/2009 005321 CALIF ASSOC OF CODE '09 CACE Sem:919-10:Parker, M 335.00 335.00 133090 0810612009 000413 CALIF DEPT OF FISH & GAME streambed alteration app fee:PW06-04 4,000.00 4,000.00 133091 08106/2009 004248 CALIF DEPT OF JUSTICE- DUI & drug testing: Police 1,365.00 1,365.00 ACCTING 133092 08106/2009 013039 CALIFORNIA BUSINESS CONDOS refund:eng grad dep:TM 31259 995.00 995.00 133093 08106/2009 004609 CINTAS DOCUMENT Jul doc shredding svc:Citywide 57.76 57.76 MANAGEMENT 133094 08/06/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 116.00 116.00 133095 08106/2009 000442 COMPUTER ALERT SYSTEMS Jul-Sept alarm svcs: Citywide 4,425.00 4,425.00 133096 08106/2009 013040 CONNERS, ROBERT refund:eng grad dep:31011 jedediah 995.00 995.00 133097 08106/2009 012353 CONSTRUCTION TESTING Jun geotech svcs:Civic Center 38,299.00 38,299.00 133098 08106/2009 001264 COSTCO WHOLESALE misc supplies:Team PACE 90.74 90.74 133099 0810612009 010650 CRAFTSMEN PLUMBING & HVAC plumbing svcs: Stn 92 145.00 145.00 INC 133100 08106/2009 012940 CRAWFORD, LILLIAN sttlmnt: Gospel at the Merc 7125 147.00 147.00 133101 08106/2009 013041 CURBY, DARRYL refund:eng grad dep:36895 cantrell 995.00 995.00 133102 08106/2009 009831 D R HORTON AMERICA'S refund:eng grad dep:wolf crk coprmn 995.00 995.00 BUILDER 133103 08106/2009 007373 DEL SOL INVESTMENTS refund:eng grad dep:villages@paseo 995.00 refund:eng grad dep:32170 Hwy 79 995.00 1,990.00 133104 08106/2009 008943 DEPT OF GENERAL SERVICES 2nd Qtr SB1473 2009 pymt 1,013.00 1,013.00 (DGS) Page:3 apChkLst Final Check List 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 133105 08106/2009 013042 DIBBLE, PATRICK & ANNE refund:eng grad dep:41875 yorba av 133106 08106/2009 013043 DIVERSIFIED INVESTMENT refund:eng grad dep:PM 28530-2 GROUP 133107 08106/2009 006609 DPR CONSTRUCTION INC. refund:eng grad dep:PM 30107 133108 0810612009 012217 DUDEK May cnslt svcs: MSR review 133109 08106/2009 013044 DUNHAM & ASSOCIATES refund:eng grad dep:TM 23992 133110 08106/2009 001669 DUNN EDWARDS CORPORATIO N graffiti removal supplies:PW Maint 133111 08106/2009 013045 DYNAMIC FINANCE CORP refund:eng grad dep:PM 23496 133112 0810612009 011202 E M H SPORTS & FITNESS TCSD instructor earnings TCSD instructor earnings 133113 08106/2009 005115 ENTERPRISE RENT A CAR INC transportation:teen day camp 133114 0810612009 011292 ENVIRONMENTAL SCIENCE Jun Eir Svc:Old Town Specific Plan ASSOC. 133115 08106/2009 001056 EXCEL LANDSCAPE mainline repairs: La Mirada 133116 08106/2009 000478 FAST SIGNS mainline repairs: La Mirada mainline repairs: Pavillion Pointe mainline repairs: Paloma del Sol pk landscape maint: Redhawk medians install irrigation controller:Stn 73 landscape maint:Harveston slopes landscape maint:Butterfield medians valve repairs:Redhawk medians valve repair: Martinique mainline repairs: Wolf Creek mainline repairs: Wolf Creek mainline repairs: Presley mainline repairs: Martinique irrigation repairs: Villages slopes mainline repairs: Villages slopes landscape maint: Old Town art show signs: Merc Amount Paid 995.00 995.00 995.00 1,927.50 995.00 189.51 995.00 1,365.00 420.00 122.45 6,606.50 90.08 196.02 139.45 89.28 2,890.00 387.67 4,993.58 629.91 983.97 178.83 114.87 112.36 101.79 40.68 273.71 388.97 3,500.00 16.06 Page: 4 Check Total 995.00 995.00 995.00 1,927.50 995.00 189.51 995.00 1,785.00 122.45 6,606.50 15,111.17 16.06 Page-.4 apChkLst 08/0612009 2:39:28PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133117 08106/2009 011772 FELICITA FINANCIAL refund:eng grad dep:TM 23946 995.00 995.00 CORPORATE 133118 08/06/2009 003747 FINE ARTS NETWORK sttlmnt: Cinderella Ballet Jul'09 11,409.66 11,409.66 133119 08106/2009 008784 FIRE ENGINEERING Fire magazine subscription: 1 yr 29.95 29.95 133120 0810612009 013046 FIRST PACIFIC HOMES I, LLC refund:eng grad dep:TM 26521 995.00 995.00 133121 08106/2009 003633 FOOTHILL EASTERN Feb-Jun toll roads usage:var.depts 79.45 79.45 TRANSPORTN. 133122 08106/2009 009097 FULL COMPASS SYSTEMS electrical supplies:Yth Arts Fest 45.30 misc supplies: Theater 701.13 746.43 133123 08106/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 7124 115.50 115.50 133124 08106/2009 003946 G T ENTERTAINMENT announcer:Temecula's Got Talent 150.00 150.00 133125 08106/2009 012278 GALLERY TRADITIONS, refund:eng grad dep:TM 30169 995.00 995.00 PARTNERS, LLC 133126 08/06/2009 013047 GARRETT, OWEN B. refund:eng grad dep:43528 cd velardo 995.00 995.00 133127 0810612009 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc 7109 652.40 652.40 SOCIETY 133128 08106/2009 003792 GRAINGER equip: Fire Prevention 299.26 299.26 133129 08106/2009 013048 GROWTH MANAGEMENT CO refund:eng grad dep:PM 21382 whse 995.00 995.00 133130 08106/2009 013049 GUIDANT CORP refund:eng grad dep:PM 23354 995.00 995.00 133131 0810612009 003342 HABITAT FOR HUMANITY refund:eng grad dep:TM 30990 995.00 995.00 133132 08106/2009 012748 HARDY & HARPER INC Apr-Jun const:DePortola rehab 500,564.85 500,564.85 133133 08106/2009 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 35.00 35.00 GROUP INC 133134 08106/2009 013050 HEINZELMANN, ALFRED refund:eng grad dep:PM 12890 995.00 995.00 Pagea apChkLst 08/0612009 2:39:28PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133135 08106/2009 012204 HERITAGE FAMILY MINISTRIES science show:Family Fun Ngt 7/6 400.00 400.00 133136 08106/2009 001013 HINDERLITER DE LLAMAS & 3rd Qtr Sales Tax Audit Svc:Finance 2,503.35 2,503.35 ASSOC 133137 08106/2009 000963 HOGAN, DAVID Retirement Medical Payment 699.00 699.00 133138 0810612009 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 25,227.71 25,227.71 303355 133139 08106/2009 001407 INTER VALLEY POOL SUPPLY chemical supplies: Aquatics pgrm 901.70 901.70 INC 133140 08/06/2009 001186 IRWIN, JOHN TCSD instructor earnings 181.30 TCSD instructor earnings 803.60 TCSD instructor earnings 646.80 1,631.70 133141 08106/2009 012793 ISCIENCE DUD, LLC videography svcs: Ch Museum 3,000.00 3,000.00 133142 08106/2009 004884 J & W REDWOOD LUMBER CO misc supplies & lumber: PW Maint 66.39 66.39 INC 133143 08106/2009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00 133144 0810612009 012295 JAMESON MANAGEMENT INC door maint/repair: Stn 92 299.00 299.00 133145 08106/2009 012285 JOHNSTONE SUPPLY pump parts: Harveston Lake 187.53 187.53 133146 08106/2009 003046 K F R O G 95.1 FM RADIO broadcasting:Hot Summer Ngts 2,800.00 2,800.00 133147 0810612009 000820 K R W & ASSOCIATES Jul eng plan ck svcs: PW Lnd Dv 1,265.00 1,265.00 133148 08106/2009 012916 KANE, JOHN performace:summer concert 8/13 1,000.00 1,000.00 133149 08106/2009 000548 KIPLINGER LETTER, THE 09110 subscr:19729169 GR 58.00 Subscription: Nat'l 54669163 MN 89.00 147.00 133150 08106/2009 000209 L & M FERTILIZER INC equip repair: Stn 84 152.88 152.88 133151 08106/2009 003605 LAKE ELSINORE STORM (38) tickets: Mother/Son 819/09 570.00 570.00 Page6 apChkLst Final Check List Page: 7 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133152 08106/2009 006425 LANNI, MICHAEL J. refund:eng grad dep:PM 29133 995.00 995.00 133153 08106/2009 000482 LEIGHTON CONSULTING INC Jun geotech svcs:Old Town parking 68,663.20 68,663.20 133154 08106/2009 013051 LENNAR LAND PARTNERS II refund:eng grad dep:TM 23100-6 995.00 995.00 133155 08106/2009 004998 LINFIELD SCHOOL refund:eng grad dep:26879 diaz rd 995.00 995.00 133156 08106/2009 008743 LONNIE SMITH CONSTRUCTION refund:eng grad dep:TM 3552 lot 29 995.00 995.00 INC 133157 08106/2009 013052 M-A TEMEKU HILLS, refund:eng grad dep:TM 23371-8 995.00 995.00 DEVELOPMENT LLC 133158 08106/2009 003782 MAIN STREET SIGNS Misc street signs: PW Traffic 157.69 157.69 133159 08106/2009 012980 MC KELVEY, SHAWN recognition award:street paint festival 500.00 500.00 133160 08106/2009 000944 MCCAIN TRAFFIC SUPPLY INC Power distribution equip:pwtraffic div 1,173.42 1,173.42 133161 08106/2009 013053 MCKERNON, MICHAEL refund:eng grad dep:40045 c. medusa 995.00 995.00 133162 08106/2009 013071 MCMILLIN COMPANIES, LLC refund:eng grad dep:PM 23371-9,10 995.00 995.00 133163 08106/2009 006571 MELODY'S AD WORKS INC. Aug mrkt & promo srvcs:old town 6,000.00 6,000.00 133164 08106/2009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,414.28 8,414.28 133165 08106/2009 007210 MIDORI GARDENS Idscp srvcs:veteran memorial 3,824.00 3,824.00 133166 08106/2009 004951 MIKE'S PRECISION WELDING field srvc/repair:old town 245.00 245.00 INC. 133167 0810612009 007669 MILES, KATRINA TCSD Instructor Earnings 609.00 609.00 133168 08106/2009 012580 MINUTEMAN PRESS Business cards:c mccarthy 118.05 118.05 133169 08106/2009 013054 MOUNTAIN VIEW ASSOCIATES refund:eng grad dep:PM 25037 924.00 924.00 Page:? apChkLst 08/0612009 2:39:28PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133170 08106/2009 004522 MULLIGANS FAMILY FUN Day camp excursion: 712109 1,770.34 1,770.34 CENTER 133171 08106/2009 013055 MURPHY, KENNETH refund:eng grad dep:TM 3929 lot 170 995.00 995.00 133172 08106/2009 006077 N T H GENERATION COMPUTING Is Tape Library Equip:Library 24,190.79 24,190.79 INC 133173 08106/2009 002925 NAPA AUTO PARTS Equip repair & maint:pw maint div 18.66 Equip repair & maint:pw maint div 5.85 24.51 133174 08106/2009 000233 NELSON, SHAWN reimb:Jul '09 intemet services 44.99 44.99 133175 08106/2009 008528 NICHOLS, MELBURG & ROSETTO Jun Dsgn Srvcs:Civic Center Ph Ii 34,351.81 Jun Dsgn:Old Town Infrastructure 17,907.54 52,259.35 133176 08106/2009 009337 NOLTE ASSOCIATES INC 6112-719 dsgn srvcs:ped bridge 1,086.76 1,086.76 133177 08106/2009 013056 NORM REEVES TEMECULA, refund:eng grad dep:26705 ynez rd 995.00 995.00 HONDAIACURA 133178 08106/2009 002139 NORTH COUNTY TIMES 8/21109-8120/10 subscr:Pln 124624 126.00 126.00 133179 0810612009 013057 NORTH PLAZA LLC refund:eng grad dep:TM 23496 995.00 995.00 133180 08106/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:police mall office 102.73 102.73 DIV 133181 08106/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Comm.Srvcs 535.89 City Vehicle Maint Svcs:Comm.Srvcs 66.57 602.46 133182 08106/2009 013058 OVERLAND CORPORATE refund:eng grad dep:TM 30208 L14-19 995.00 995.00 CENTER 133183 08/06/2009 012280 PACITTO, PETER refund:eng grad dep:TM 21818 L17 995.00 refund:eng grad dep:TM 9833-2 L24 995.00 1,990.00 133184 08106/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 133185 08106/2009 000249 PETTY CASH Petty Cash Reimbursement 486.34 486.34 133186 08106/2009 007484 PHILIPS MEDICAL SYSTEMS INC AED Supplies: Medics 1,627.93 1,627.93 Page:B apChkLst Final Check List Page: 9 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133187 08106/2009 004625 PLANT EQUIPMENT, INC refund:eng grad dep:TM 21383 995.00 995.00 133188 08106/2009 010338 POOL & ELECTRICAL PRODUCTS pool supplies/chemicals: crc & tes pools 138.55 138.55 INC 133189 08106/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 252.00 252.00 133190 0810612009 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 460.35 460.35 133191 08106/2009 008054 PROJECT DESIGNS refund:eng grad dep:27622jefferson 700.00 700.00 CONSULTANTS 133192 08/06/2009 008964 PULSIFER, JAMES Entertainment:Hot Summer Nights 817 750.00 750.00 133193 08106/2009 013059 RAINBOW SERVICE STATION INC refund:eng grad dep:TM 30180 995.00 995.00 133194 08106/2009 013060 RANCHO CA GATEWAY, LLC refund:eng grad dep:TM 23822 995.00 995.00 133195 08/06/2009 000262 RANCHO CALIF WATER DISTRICT July:various water meters:tcsd 2,016.03 2,016.03 133196 08106/2009 010202 RANCHO PUEBLO #1, LLC refund:eng grad dep:tem self storage 995.00 refund:eng grad dep:PM 30797 995.00 1,990.00 133197 08106/2009 004584 REGENCY LIGHTING Misc electrical supplies:ch/libr/var 426.65 426.65 133198 0810612009 000406 RIVERSIDE CO SHERIFFS DEPT FY 09110 CAL-ID mbr assessment 86,909.00 4th of July patrol services 20,933.91 Jazz Festival patrol services 7/11 1,549.10 109,392.01 133199 08106/2009 000406 RIVERSIDE CO SHERIFFS DEPT TrFCollision Invst.: 8124-28 Sgt. 151.00 151.00 133200 08106/2009 004822 RIVERSIDE TRANSIT AGENCY (2) bus passes: Mayor's SYEP BL/RB 100.00 100.00 133201 08106/2009 000873 ROBERTS, RONALD H. reimb: Aug '09 internet services 44.99 44.99 133202 0810612009 013061 ROSENSTEIN, ROBERT refund:eng grad dep:penny dome 995.00 995.00 Page9 apChkLst 08/0612009 2:39:28PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133203 08106/2009 002226 RUSSO, MARYANNE TCSD Instructor Earnings 1,487.50 TCSD Instructor Earnings 1,309.00 TCSD Instructor Earnings 840.00 3,636.50 133204 08/0612009 013062 S-P MURDY, LLC refund:eng grad dep:TM 29305 995.00 995.00 133205 08106/2009 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 535.16 LIGHTING Misc lighting supplies:theater 1,062.77 1,597.93 133206 08106/2009 008404 SAFE CHECKS accounts payable checks:finance 1,132.30 1,132.30 133207 08106/2009 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,108.49 1,108.49 133208 08106/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 133209 08/06/2009 009980 SANBORN, GWYN Country @ the Merc 7125109 568.50 568.50 133210 08106/2009 012947 SCOTT, NATHAN IAL G. dj srvcs:middle school dance/crc 6119 250.00 250.00 133211 08106/2009 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 588.00 588.00 133212 08106/2009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7123109 399.00 399.00 133213 0810612009 000645 SMART & FINAL INC Recreation supplies:mspc 144.90 144.90 133214 08106/2009 000537 SO CALIF EDISON July:2-29-224-0173 Fire Stns 2,579.88 July:2-29-295-3510 wolf vly:fire 1,643.87 July:2-25-393-4681 TES pool 814.04 July:2-29-953-8249 wolf crk dr FED 21.12 July:2-29-953-8082 wolf vly 24.80 July:2-29-953-8447 wlf vly rd FED 21.12 July:2-30-220-8749:45850 n wolf crk 452.99 July:2-29-657-2332:45538 redwd FED 18.56 July:2-00-397-5042 city hall 9,043.23 July:2-02-502-8077 maint fac 2,549.20 July:2-29-458-7548 wolf crk FED 235.03 July:2-29-657-2563 var meters:tcsd 163.37 July:2-30-520-4414:32781 tem pkwy 196.47 July:2-00-397-5067 var mtrs:tcsd 1,917.65 July:2-31-404-6020:28771 old twn fir 1,383.52 21,064.85 133215 08106/2009 001212 SO CALIF GAS COMPANY July:129 582 9784 3 FOC 24.86 July:091-085-1632-0 T.E.S. Pool 53.94 78.80 Page:10 apChkLst Final Check List Page: 11 08/0612009 2:39:28PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133216 08106/2009 000282 SO CALIF MUNICIPAL ATHLETIC '09 softball rulebooks:sports pgrm 540.00 540.00 133217 0810612009 013035 SOBRECK, LLC, CIO refund:eng grad dep:26478 ynez rd 995.00 995.00 BRECKENRIDGE GROUP 133218 08106/2009 000519 SOUTH COUNTY PEST CONTROL Jul pest control:fs 84 80.00 80.00 INC 133219 08106/2009 013063 SR. GROUP, LLC refund:eng grad dep:TM 28309 995.00 995.00 133220 08106/2009 000293 STADIUM PIZZA INC rfrshmnts:Aglow/Prk-Movie 7110109 183.92 183.92 133221 08106/2009 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 10,676.75 10,676.75 COMPANY 133222 08106/2009 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 660.20 660.20 COMPANY 133223 08106/2009 003000 STATE WATER RESOURCES 401 app fee dpst:W.Bypass brdg pw0604 640.00 640.00 133224 08106/2009 002366 STEAM SUPERIOR CARPET Carpet cleaning srvcs:tcc 1,997.00 1,997.00 CLEANING 133225 08106/2009 011302 SUBWAY refreshments: '09 Mayor's SYEP wrkshps 1,305.12 1,305.12 133226 08106/2009 011667 T & T JANITORIAL INC Jul janitorial srvcs:city facilities 7,073.83 7,073.83 133227 08106/2009 013064 T1-HEC, LLC refund:eng grad dep:31934 Hwy 79 995.00 995.00 133228 0810612009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:skate park pgrm 140.62 140.62 133229 08106/2009 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,983.00 4,983.00 133230 08106/2009 009500 TEMEC ELECTRONICS, INC Misc tools & equipment: PW Traffic 368.10 368.10 133231 08106/2009 012265 TEMECULA ACE HARDWARE CIO Misc supplies:var park sites 27.35 Misc supplies:var park sites 22.73 Misc supplies:var park sites 3.65 53.73 133232 08/06/2009 013065 TEMECULA PAD H, LLC refund:eng grad dep:PM 28530-1 995.00 refund:eng grad dep:PM 28530-1 995.00 1,990.00 Page:11 apChkLst 08/0612009 2:39:28PM Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 133233 08106/2009 011736 TEMECULA TROPHY INC Recreation Supplies- Sports Prgm 446.15 446.15 133234 08106/2009 004274 TEMECULA VALLEY SECURITY floor closers:crc 772.13 772.13 CENTR 133235 08106/2009 000919 TEMECULA VALLEY UNIFIED Jun City vehicles fuel usage 217.49 SCHOOL May City vehicles fuel usage 159.25 376.74 133236 08106/2009 003941 TEMECULA WINNELSON plumbing supplies: crc 34.71 34.71 COMPANY 133237 08106/2009 000668 TIMMY D PRODUCTIONS INC sound techlmovie:'09 balloon glow 1,200.00 1,200.00 133238 08106/2009 008517 UNITED SITE SERVICES OF 7116-8112 fence rental:Main St Bridge 26.64 26.64 CA,INC 133239 08/06/2009 000199 UNITED STATE TREASURY Support Payment 250.00 250.00 133240 08106/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 133241 08106/2009 013066 VAN GAALE, PAUL refund:eng grad dep:31240 peggy lou 995.00 995.00 133242 08106/2009 004261 VERIZON July:xxx-1999 general usage 40.82 July:xxx-0049 general usage 35.53 July:xxx-9897 general usage 88.08 164.43 133243 08106/2009 004624 VOLVO ROAD MACHINERY INC Veh Repair & Maint:Pw Maint Div 1,198.60 Veh Repair & Maint:Pw Maint Div 2,192.31 3,390.91 133244 08106/2009 012749 WARMINGTON PASEO II refund:eng grad dep:TM 24186-2 995.00 995.00 ASSOCIATES 133245 08106/2009 000339 WEST PUBLISHING CORP Motor Vehicles subscr:Police 2599627 318.00 318.00 133246 08106/2009 013067 WILLIAMS, DANIEL refund:eng grad dep:TM 3929 995.00 995.00 133247 08/06/2009 013068 WILSON, BRUCE refund:eng grad dep:TM 3883 L136 995.00 995.00 133248 08106/2009 013069 WINCHESTER TECH, LLC refund:eng grad dep:42235 wnchstr 995.00 995.00 133249 08106/2009 007701 WOLF CREEK DEVELOPMENT, refund:eng grad dep:TM 32319130264 995.00 995.00 LLC Page:12 apChkLst 08/0612009 2:39:28PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 133250 08106/2009 003434 Z E P MANUFACTURING COMPANY 133251 08106/2009 004366 ZAM II PROPERTIES Final Check List Page: 13 CITY OF TEMECULA (Continued) Description Amount Paid Check Total misc supplies:pw maint div 740.34 credit:supplies returnedlpw maint div -244.36 495.98 refund:eng grad dep:27411 ynez rd 995.00 995.00 Grand total for UNION BANK OF CALIFORNIA: 1,544,534.45 Page:13 apChkLst Final Check List Page: 14 08/0612009 2:39:28PM CITY OF TEMECULA 196 checks in this report. Grand Total All Checks: 1,544,534.45 Page:14 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: August 25, 2009 SUBJECT: Access to Summary Criminal History Information PREPARED BY: David Bilby, Senior Debt Analyst 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 THE CITY TO ACCESS SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS AND PERMITTEES BACKGROUND: On September 28, 1993, the City Council approved Resolution No. 93- 79 authorizing access to state and local summary criminal history through fingerprint checks per the City employment hiring process. With the recent adoption of the City massage Ordinance No. 08-12 it is necessary to obtain Federal Bureau of Investigation (FBI) level access to summary criminal history in order to conduct massage establishment and technician background investigations. This resolution is required to provide the Department of Justice (DOJ) the necessary authorization to allow the City of Temecula the FBI level of access obtained through fingerprint checks. FISCAL IMPACT: Federal access is an additional $19 per massage applicant and will be incorporated in the DOJ contract for services to be brought forward once this resolution is adopted. Adequate funds exist within the Police Department Budget. ATTACHMENTS: Resolution 09- RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO ACCESS SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS AND PERMITTEES WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, and districts to access state and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code Sections 11105(b)(11) authorizes cities, counties, and districts to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, or governing body of a city, county or district to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes NOW THEREFORE, BE IT RESOLVED, That the City of Temecula is hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees), licensing of Massage Technicians and Taxi Drivers, or certification for the City of Temecula, the Temecula Redevelopment Agency, the Temecula Community Services District, and the Temecula Police Department purposes and may not disseminate the information to a private entity; and BE IT FURTHER RESOLVED, That the City of Temecula shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees), or licensing; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, volunteer or license in question. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of August, 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 25th day of August, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 5 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: August 25, 2009 SUBJECT: Approve FY2009-10 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce PREPARED BY: Gloria Wolnick, Economic Development Specialist II RECOMMENDATION: That the City Council approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. BACKGROUND: The City of Temecula partners with the Temecula Valley Chamberof Commerce lends synergy to our economic development efforts. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington), and staff met to discuss the Economic Development funding requests on February 25, 2009. The subcommittee has recommended approval of this amount and the City Council subsequently approved this funding in the FY2009/10 Operating Budget. The Temecula Valley Chamber of Commerce has provided a summary of materials including their work plan, financials and services that they provide (see Attachment 1A). Also, attached is the Operating Agreement for the organization for the FY2009-10 term. Funding of the program of $136,260 will be allocated to the Temecula Valley Chamber of Commerce. Temecula Valley Chamber of Commerce The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth while protecting the environment for all businesses and by doing so, support the programs which preserve and improve the quality of life for the entire community. In January 2008, the Chamber hired Strategic Marketing Group to prepare a 3-year Strategic Plan. The Chamber's goals include greater utilization of technology, influential organization; maximize local consumers and providing businesses a resource in an effort to better serve its membership and also double its membership by 2011/12. The Chamber primarily represents and promotes the area's economy and encourages business and industrial investment. The Chamber responds to relocation and business inquiries and sends corresponding information to prospective residents and potential businesses. As part of the City of Temecula's Outreach Program, the Chamber actively partners with the City in its business retention efforts by attending site visits, assisting with special events that acknowledge local businesses and responding to business requests. The Chamber assisted in coordinating and attending site visits to each of the members of the Temecula Auto Dealers Association. The Chamber serves as a liaison between the City/Utility companies and the business community on specific issues facing the business. The Chamber partners with the Small Business Development Center (SBDC) to offer business counseling services and on a monthly basis provides Small Business Training Workshops, offering information on key business issues such as employer taxes, opportunities for doing business with the Government and SBA loans. In 2008, the SBDC has provided 72 one-on-one counseling sessions and topic-based seminars to over 92 business owners and potential entrepreneurs. The Chamber also provides meeting space to many local non-profit organizations at no charge to such groups as SAFE, The Arts Council, Dorland Mountain Arts Colony, Race For Humanity, Temecula Noon Rotary, and SCORE representatives who offer counseling services to individuals starting businesses and businesses wishing to expand. In 2008, SCORE representatives counseled 123 potential entrepreneurs. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Shop Temecula First promotion includes 3 freeway billboards, banner stands, store front window decals, 25,000 scratcher cards, website - discount coupons offered by participating merchants, shopping bags, store front Shop Temecula First display at The Promenade Mall as well as other advertising. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the business community. The Temecula Valley Chamber of Commerce, as founder and partner in the Southwest California Legislative Council, a regional coalition, strives to take a proactive role in legislative issues of importance to its members and the residents of Temecula. The Southwest California Legislative Council (SWCLC) established a regional advocacy-based website which is available to members, which tracks and publishes information on pertinent legislation that may impact the economic viability of the region. The Temecula Valley, Murrieta and Lake Elsinore Valley Chambers tracked 32 potential new laws in 2008 that might have impacted the Temecula Valley business region. Over 40 different letters were sent to local state legislators, the governor and other stakeholders of legislators that would and have impact on the Temecula Valley. The SWCLC increased their working relationship and doubled their efforts in terms of the issues that were tracked with our state legislators this past year. In 2008, all area legislators voted with the SWCLC 100% of the time, a major accomplishment in representing the interests of Temecula businesses with government. A contingency of directors and SWCLC members attended the Cal Chamber Legislative Summit to meet with area legislators to address key issues facing the region. In April 2009, in partnership with the City of Temecula over 1,500 letters were delivered to the Governor's Riverside office regarding the Rancho Spring Hospital expansion. The Chamber organizes a wide variety of business programs and events throughout the year including the State of the City Address, Business & Economic Forecast Conference, and the Legislative Summit. The "Women In Business" event which creates opportunities, connections and resources for women attracted over 150 attendees. The Chamber offers over 235 networking opportunities annually including: Monthly Mixer events, Monthly Coffee Connection, Ambassador Networking Luncheons, Power Networking Workshops, Networking Breakfasts, Sphere of Influence events, Restaurant Association Forum, Valley Young Professionals and Quarterly Networking Luncheons. The Chamber held 72 Ribbon Cutting and Grand Openings to promote businesses. The Partners in Education Committee is likely to be suspended. Chamber staff and business members will continue to assist in coordinating the annual Mayor's Summer Youth Employment Program and publicize the Regional College Invitational event in September. The TVCC Board approved the Draft MOU Joint Commitment of Partners with the Temecula Valley Unified School District and California State University San Marcos to work collaboratively with the City of Temecula and the Temecula Valley Chamber of Commerce. The Chamber serves as an informational resource center for members and the community at large. In 2008, the Chamber received over 58,000 phone calls and 40,000 walk-in visitors seeking information on Temecula and the business community. The Chamber sent out 17,000 mailings and had 150,000 hits on their website. In 2008, the Chamber events and programs grew from 171 to 308, a 180% increase. The Chamber's request in the amount of $136,260 was budgeted in the FY2009-10 Operating Budget. FISCAL IMPACT: Appropriate funding forthe Temecula Valley Chamber of Commerce is available in the FY2009-10 Economic Development Department Operating Budget #001-11-999- 5264. ATTACHMENTS: City/Chamber Operating Agreement C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc OPERATING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement is made and effective as of this 25th day of August, 2009 , by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CHAMBER OF COMMERCE ("CHAMBER"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City) and its possibilities as such to residential, industrial, tourist and business interests. B. The CHAMBER has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on August 25, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. SERVICES. CHAMBER shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CHAMBER shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. CHAMBER shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. CHAMBER shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CHAMBER hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay quarterly, in accordance with the payment rate and term and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty-Six Thousand, Two Hundred Sixty Dollars and No Cents C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc ($136,260) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. CHAMBER shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CHAMBER shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CHAMBER at the time City's written authorization is given to CHAMBER for the performance of said services. In the event the City should desire any additional service, CHAMBER shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City and the CHAMBER, as herein provided, the City will pay to CHAMBER the cost thereof, and the CHAMBER shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of CHAMBER showing the basis of said claims, and certified by proper officers of CHAMBER. CHAMBER shall not be entitled to receive any compensation for the normal services or expenses. C. CHAMBER will submit invoices quarterly for actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CHAMBER the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the CHAMBER will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The CHAMBER's failure to comply with the provisions of this Agreement shall constitute a default. In the event that CHAMBER is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CHAMBER for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CHAMBER. If such failure by the CHAMBER to make progress in the performance of work hereunder arises out of causes beyond the CHAMBER's control, and without fault or negligence of the CHAMBER, it shall not be considered a default. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc b. If the City Manager or his delegate determines that the CHAMBER is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CHAMBER with written notice of the default. The CHAMBER shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CHAMBER fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. CHAMBER shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. CHAMBER shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CHAMBER shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the CHAMBER. With respect to computer files containing data generated for the work, CHAMBER shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The CHAMBER agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of CHAMBER's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. CHAMBER shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the CHAMBER, its agents, representatives, or employees. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc broad as: a. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the CHAMBER owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the CHAMBER has no employees while performing under this Agreement, worker's compensation insurance is not required, but CHAMBER shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. CHAMBER shall maintain limits no less 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the CHAMBER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the CHAMBER; products and completed operations of the CHAMBER; premises owned, occupied or used by the CHAMBER; or automobiles owned, leased, hired or borrowed by the CHAMBER. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc 2) For any claims related to this project, the CHAMBER's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the CHAMBER's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The CHAMBER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the CHAMBER shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. CHAMBER shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the CHAMBER's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. CHAMBER is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CHAMBER shall at all times be under CHAMBER's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or agents except as set forth in this Agreement. CHAMBER shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. CHAMBER shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CHAMBER in connection with the performance of this Agreement. Except for the fees paid to CHAMBER as provided in the Agreement, City shall not pay salaries, wages, or other compensation to C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc CHAMBER for performing services hereunder for City. City shall not be liable for compensation or indemnification to CHAMBER for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The CHAMBER shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The CHAMBER shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CHAMBER to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by CHAMBER in performance of this Agreement shall be considered confidential and shall not be released by CHAMBER without City's prior written authorization. CHAMBER, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided CHAMBER gives City notice of such court order or subpoena. b. CHAMBER shall promptly notify City should CHAMBER, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CHAMBER and/or be present at any deposition, hearing or similar proceeding. CHAMBER agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CHAMBER. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: Shawn Nelson, City Manager To Consultant: Temecula Valley Chamber of Commerce 26790 Ynez Court, Suite A Temecula, CA 92599 Attention: Alice Sullivan, 10M, President/CEO 15. ASSIGNMENT. The CHAMBER shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, CHAMBER's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the CHAMBER. 16. LICENSES. At all times during the term of this Agreement, CHAMBER shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and CHAMBER understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer or employee of the City that has participated in the development of this Agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the CHAMBER, or CHAMBER's sub-contractors for the work to be performed under this Agreement, during his or her tenure. The CHAMBER hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this Agreement or its approval has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, the proceeds thereof, the CHAMBER, or CHAMBER's sub-contractors for the work to be performed under this Agreement. CHAMBER further agrees to notify the City in the event that any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of CHAMBER warrants and represents that he or she has the authority to execute this Agreement on behalf of the CHAMBER and has the authority to bind CHAMBER to the performance of its obligations hereunder. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc 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 TEMECULA VALLEY CHAMBER OF COMMERCE 26790 Ynez Court, Suite A Temecula, CA 92591 (951) 676-5090 By: Stan Harter Chairman of the Board Bv: Name: Alice Sullivan, IOM Title: President/CEO By: Name: Janet Scott Beck Title: Secretary By: Name: Nancy Austin Title: Treasurer C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Chamber of Commerce shall undertake, during the 2009-10 fiscal year, to carry on promotional activities on behalf of the City of Temecula and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer correspondence relative to the local business, industrial, and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Southwest California Legislative Council. Track legislation through the Legislative Advocacy Policy. 4. Offer meeting space to SCORE representatives to offer counseling services to newly starting and expanding businesses. Offer meeting space for counseling from the Small Business Development Department. Offer meeting space to local non-profit organizations such as Safe Alternatives For Everyone (SAFE), Dorland Mountain Arts Colony, The Arts Council and Rotary. 5. Develop and execute marketing seminars. Temecula. 6. To assist potential businesses in opening, expanding and relocating to 7. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 8. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 9. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 10. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 11. Produce and update relocation packets for new residents. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc 12. Provide demographic information to interested individuals. 13. Organize events to promote goodwill in the City such as the Legislative Summit, Business Expo, Technology Expo, Candidates Forum, State of the City Event (20 seats), Annual Awards Gala (20 seats), Chamber Golf Tournament (5 entries) and Economic Forecast Conference (10 seats). 14. Maintain and update Chamber web site. 15. Update and reprint City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. 16. Provide networking activities to assist women and minority business owners. 17. The President/CEO of the CHAMBER shall provide to the City Manager and Assistant City Manager a copy of the activities monthly report submitted to the CHAMBER Board of Directors. Said report shall be prepared in a format acceptable to the City and is requested by the second Wednesday of each month. 18. CHAMBER shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the CHAMBER. This financial audit of the CHAMBER should to the City no later than February 27, 2010. The financial summary report on how funds were expended and used to and shall include documentation, including but not limited to and cancelled checks to support the Operations Funding. be completed and submitted audit shall provide a general benefit Temecula residents , copies of invoices, receipts C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the promotional activities and services performed by the CHAMBER for the City of Temecula, as set forth in Exhibit "A" hereof, City hereby agrees to pay CHAMBER, during the term of this Agreement, the sum of One Hundred Thirty-Six Thousand, Two Hundred Sixty Dollars and No Cents {$136,260} for the fiscal year 2009-10. The sum of $136,260 for the fiscal year 2009-10, is payable upon receipt of invoice quarterly beginning on execution of the Agreement. C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc ATTACHMENT C TEMECULA VALLEY CHAMBER OF COMMERCE SUPPORT INFORMATION V. QUESTIONS Application Page 3 Professional Organization 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Mission Statement: The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth while protecting the environment for all businesses and by doing so, support the programs which preserve and improve the quality of life for the entire community. Core Values: Create a Strong Local Economy; Represent Business with Local Government; Provide Networking Opportunities; Promote the Community and Influence Political Action. Goals, Operations & Activities: The Chamber hired Strategic Marketing Group in January 2008 to prepare a 3-year Strategic Plan. Goals include greater utilization of technology, influential organization; maximize local consumers and providing businesses a resource in an effort to better serve its membership; to double its membership by 2011/12. The Temecula Valley Chamber of Commerce will continue to encourage the growth of existing member industries and businesses. To assist legitimate firms seeking to relocate to the Temecula and provide them with exceptional customer service. To serve as a responsible } representative for all business legislation and to promote legislation that affects the overall welfare of our members. To serve as an informational resource center for members and the community at large. Continue to serve as a positive business liaison between the businesses; city, utilities and other organizations. On January. 26, 2009 the Chamber met with City staff to discuss increasing business site visits as a means of enhancing business retention. Chamber CEO will organize site visits with the Mayor and city staff to local auto dealers. Chamber staff and Ambassadors will increase both member and non-member site visits to the business community. The Chamber will utilize advertising opportunities provided on Channel 3 to promote and augment the Shop.Temecula First campaign. In this current economic climate, the Chamber is taking a proactive role to. build stronger community partnerships. The Chamber will work to bring community leaders from various entities together and encourage open discussions on strategies to improve the local business community and implement specific action items into our current strategic plan. The Chamber will continue to work with the City regarding creating a unified message that all partnering organizations can utilize that highlight all the positive aspects of the area, fostering both business retention and economic development. Overall the Chamber has been proactive in revising its budget and cutting expenses, such as decreasing payroll, eliminating overtime compensation and commission as well as decreasing operational costs. 1 0 Goals, Operations & Activities, continued In 2008 the Chamber received over 58,000 phone calls and 40,000 walk-in visitors seeking information on Temecula and the business community. The Chamber sent out 17,000 mailings and had 150,000 hits on the Chamber's website. In 2008 the Chamber events and programs grew from 171 to 308, 180% increase. We believe that the Temecula Valley Chamber of Commerce must continue to assist both member and non-member businesses and the overall community. Economic Recovery begins with each of us and we must continue to partner in coordinating positive events and forums such as: 0 2009 State of the City Address 0 43rd Awards Gala 0 2009 Business & Economic Forecast Conference 0 2009 Legislative Summit 0 2009 Business Expo o Networking events o Women In Business and Expo o (4) SBA Seminars - Lecture Series o (12) Business Success Forums - Topics include: Developing Your Marketing Plan; Employment Law Update; HR Overview for Office Managers & Owners; Secrets to O Growing Your Business, "During These Difficult Times"; Marketing vs. Advertising; "Doing Business with Government", PRception Management, "How to Speak Like a Leader", Fraud Examination, Winning Customer Service, "Incorporating Your Business and Compliance" o (12) Power Networking Workshops o Candidates Forum o (5) Partners In Learning o (72) Ribbon Cutting and Grand Openings to promote businesses o (12) Southwest California Legislative Council o Site Visits to Local Business o . (6) Sphere of Influence o (9) Monthly Networking Mixers o (4) Quarterly Networking Luncheons o (8) Five-Minute Networking o (1) Youth Job and Career Expo o (1) Membership Appreciation Night o (10) Monthly Breakfast o (6) Ambassador Meetings New Programs and Events: o Valley Young Professionals o Lobby Spotlight o On-line Member Directory o Networking Luncheons o (12) E-Waste Events o Technology Workshop 2 0 55+ Baby Boomer Event o (12) Friday Morning Coffee o (12) Restaurant Association Forum Meetings o (52) Morning Coffee Buzz o (3) Education for Valley Young Professionals Group o (3) VYP - Civic o (12) VYPers (Monthly) The Chamber provides access to a complete list of members who have the expertise needed to assist member businesses to manage their financial, organizational and marketing issues. In addition, the Chamber's CEO assisted the City with site visits to businesses throughout the year. The Chamber's CEO is the liaison between the City/Utility companies and the business community on specific issues facing the business. . 2. Does your organization submit to Staff the required information, monthly reports, financials, etc. on time? Yes 3. Explain how your organization has worked well with the community to achieve your goals? o Assisting the business community is one of the premier goals of the Temecula Valley J Chamber of Commerce. The Chamber has partnered with the Small Business Development Center to offer business counseling services twice monthly. The SBDC also provides quarterly Small Business Training Workshops, offering detailed information on key business issues such as employer taxes, opportunities for doing business with the Government and SBA loans. In 2008 the SBDC has provided 72 one-on-one counseling sessions and topic-based seminars to over 92 business owners and potential entrepreneurs. The TVCC provides meeting space to SCORE representatives who offer weekly counseling services at no charge to individuals, assisting them to start, grow, and manage their businesses. In 2008 SCORE representatives counseled 123 potential entrepreneurs. o The Temecula Valley Chamber of Commerce, as a founder and partner in the Southwest California Legislative Council, a regional coalition, strives to take a proactive role in legislative issues of importance to our members and the residents of Temecula. The Southwest California Legislative Council established a regional advocacy-based website which is available to members, which tracks and publishes information on pertinent legislation that may impact the economic viability of the region. The Temecula Valley, Munieta and Lake Elsinore Valley Chambers tracked 32 potential new laws in 2008 that may have impacted the Temecula Valley business region. Over 40 different letters were sent to local state legislators, the governor and other stakeholders of legislators that would and have impact on the Temecula Valley. The SWCLC increased their working relationship and doubled their efforts in terms of i the issues that were tracked with our state legislators this past year. In 2008, all area legislators voted with the SWCLC 100% of the time, a major accomplishment in representing the interests of Temecula businesses with government. We are currently working with Menifee and Wildomar Chamber to have them join the council in 2009. SWCLC executive directors will make additional trips to Sacramento to advocate business friendly legislation. In addition, the Temecula Valley Chamber of Commerce provides meeting space to many local non-profit organizations such as SAFE, Dorland Mountain Arts Colony, Susan G. Komen, The Arts Council, Rotary, and Partners in Education. As well as meeting space is also provided to small and large business to utilize our conference room space. SBDC and SCORE for counseling sessions and quarterly special topic events are provided at no charge to the business community. 4. Please describe your financial reporting? The TVCC operates on a modified cash basis. An independent accounting firm compiles our financial information and provides statements of financial position and activity to the Board of Directors for their review on a monthly basis. The Chamber's financial statements are audited on an annual basis. The financial statements for 2006/07 were audited, providing a standard clean opinion with no internal control weaknesses. An audit of the financials for 2007/08 is currently in process. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the organization's accomplishments. Are there any notable operations and/or ~J program changes? If so, please explain. o The Chamber continues to offer the community a job link page which has beer added to assist employers and potential job seekers. In 2008, 181,800 pages were viewed on the Chamber website. o Offering members additional opportunities to meet and network with other businesses has been a key focus of the TVCC in 2007. In addition to the monthly mixers, networking breakfasts, networking luncheons and ambassador socials, the Chamber offers monthly 5-Minute Networking events. o The Valley Young Professionals is a new group that works to create support, resources and energy around professional development of young business members , paired with community involvement. Monthly networking events are scheduled specific to this group. o Women In Business event was held to offer women a great resource for balancing work and life. Over 150 women attended this informative event. Speakers included Councilmember Maryann Edwards; Pamela Volt, Volt Management; Jodi Smalls, Abbott Vascular; and Leah Di Bernardo, of Delytes as the moderator. o Spreading the word about the TVCC's programs was vastly increased in 2008 through multiple media partnerships. Chamber events and programs were promoted in The Californian, The Valley Business Journal, KFRG radio, Valley News, The Press- Enterprise, Driven Media, Money Mailer, Only 2 degrees radio show and 94.5 radio. o Through membership in the TVCC, members can receive significant discounts on office products through our partnership with Office Depot. Additional discounts are offered by Sherwin Williams and FedEx. In 2008 we brought in an additional affinity " ' program with Smart Card , a local discount program for the entire community and encouraging the Shop Temecula First program. o The Partners In Education increased their efforts to partner with members of the TVUSD and the business community. The Partners In Education works to coordinate with the TVUSD to ensure that all students leave school with the academic, technical and employability skills necessary to be successful in the 21st century workplace. Carol Leighty, TVUSD Superintendent attended this year's TVCC Planning Conference to discuss future partnerships between the TVUSD and the business community. o The TVCC continues to assist with the implementation of the Student of the Month and Student of the Year programs, recognizing the achievements of deserving students. Chamber staff coordinates the program with schools to collect each month's recipients and dates, sends out monthly reminders to schools sites, creates the monthly printed program for the events, creates and scores and delivers the Student of the Year applications and staff prepares the press packets for the event. o In 2008 over 15,000 unique visitors logged on to the SWCLC's website, www.SouthwestCA.biz. 2,500 members within the Southwest California area received E-Alerts regarding legislative issues of key importance to businesses in the area, urging them to take action regarding, pending legislation. The SWCLC is diligent in creating partnerships with various groups and coalitions in an effort to strengthen our position and ultimately expand the credibility of the coalition. o At the 2008 Legislative Summit panelists participated in addressing areas of interest to include speakers from sectors of Education, American Petroleum, Riverside District E°l Attorney Office, Water District, and Legislative Analyst for the State of California. Over 250 guests attended the Summit event this past year. o Over 405 business members gathered for the 2008 Business and Economic Outlook event, at which time economist John Husing presented the indicators of local economic performance, including demographics, market data, industrial structure and residential and commercial real estate activity. In 2008, the regions' City Managers gave a presentation on their respective Cities of Temecula, Murrieta and Lake Elsinore. o In 2008 nearly 400 guests attended the State of the City address, which highlights the City's accomplishments and vision for the future. The City and TVCC staff continually strives to enhance our attendees' experience by consistently improving on the production elements included in this event. Mayor Naggar presented a very informative and successful event. o The TVCC Business Development Resource Committee partnered with Friends of the Temecula Library creating the Partners In Learning program to assist in raising monies for the purchase of business related books to fill the shelves of the new library. We will work to increase this program in 2009. o TVCC Newsletter -1,400 copies of Temecula Today newsletter are distributed to the business membership, city and legislative officials. The publication contains relevant labor law changes, business issues and we will be adding an "Ask the Expert" section this year. The TVCC provides the City a full-page, highlighting programs and other pertinent community information. o Expanding our methods of communication, members receive weekly e-mail calendars informing them of upcoming programs and events. The TVCC continues to provide a monthly E-commerce Newsletter to TVCC members and a weekly events calendar. 5 J This newsletter has been very successful at keeping the membership up-to-date on current issues and programs. o Power Networking Workshops are held monthly, which offers members the opportunity to learn and master the art of networking. o The TVCC staff will again coordinate two Chamber Trips to China, allowing 50 + travelers the opportunity to tour Beijing and Shanghai as well as attend a Business Partners Dinner for a unique opportunity to meet with other business leaders in China. 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N, N N O O; b A 'V' W M O f) N O M O N O W N N V M N N N M O N M M N O T N O M fD N N 02, a} ep h r N V N N tFl' O M 'i N Ni, M r YY Wi V a N ¢,W N h M b Of h V V (O A: W j NN , ~ ~ W N N ~ ~ N M m I i I a , t n ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W-; W- O O O O ~~G ~ O 0 O 0 O 001 O O' 0 N 0 N O+', O - 0 O 0 O 0 O ~ 0 W 0 O 0 O 0 N 0 O 0 V 00 N W O N r W O V O M O W O O W A O O1~ N O N J b M N N M N O A N Nj N O N N N O Oj N A fD M N M 16 4 T N r M A O W M W O M V N F ~ r r N r N ' N d yn O M H t7 r N N 4 4 c F~ N c f p M V V -I r r r ` tltltl c c V O A r' ' N ~ . ~ ~ Temecula Valley Chamber of Commerce Statement of Financial Position - Cash Basis June 30, 2009 ASSETS Current Assets Checking - Pacific Western 2172715 $ 13,723.01 Money market - Pacific Western 2541281 40,030.63 Money market - California Bank & Trust 61,674.94 Money market - San Diego National Bank 100,000.00 Economic Uncertainty Fund - Pacific Western Checking 128057 12,593.66 Economic Uncertainty Fund - Pacific Western Cert. of Deposit 88,319.72 Economic Uncertainty Fund - Mission Oaks Bank 45,895.50 Petty Cash 200.00 Total Current Assets Property and Equipment, net of accumulated depreciation and amortization (as of October 1, 2008) Other Assets Deposits Total Assets LIABILITIES AND NET ASSETS Long-Term Liabilities Note payable - 1st Centennial (as of October 1, 2008) $ 766,551.57 Total Long-Term Liabilities Total Liabilities Net Assets - Unrestricted Beginning balance 663,362.29 Net income (loss) (445.73) Funds released from restriction 11,880.00 Net Assets - Unrestricted Net Assets - Restricted for China & Italy Trips Beginning balance 2,800.00 Net income (loss) 15,158.00 Fund released from restriction (11,880.00) Net Assets - Restricted Total Net Assets Total Liabilities and Net Assets $ 362,437.46 1,084,538.67 450.00 $ 1,447,426.13 $ 766,551.57 766,551.57 674,796.56 6,078.00 680,874.56 $ 1,447,426.13 ATTACHMENT B CITY/TEMECULA VALLEY CHAMBER OF COMMERCE OPERATING AGREEMENT ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: August 25, 2009 SUBJECT: Approval of Temecula Valley Convention & Visitors Bureau FY2009-10 Marketing Agreement PREPARED BY: Gloria Wolnick, Economic Development Specialist II RECOMMENDATION: That the City Council approve the Marketing Agreement which provides City Marketing Funding Support of $108,000 to the Temecula Valley Convention & Visitors Bureau (CONVIS). BACKGROUND: The Temecula Valley CONVIS is committed to build strong advertising and marketing programs to "Brand Temecula" as a premier year-round resort and business destination by stimulating economic growth and tourism to our region through developing, expanding, and marketing our destination to conventions, meetings, and the leisure travel markets. Their new branding campaign, Southern California Wine Country, continues to build destination awareness for Temecula. The City Marketing Funding of $108,000 will provide funding for advertising (printed marketing and media), familiarization (FAM) tours/site visits and trade show participation for the Leisure Travel Market. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington), and staff met to discuss the Economic Development funding requests on February 25, 2009. The subcommittee has recommended approval of this amount and the City Council subsequently approved this funding in the FY2009/10 Operating Budget. A sampling of the marketing and sales highlights for Fiscal Year 2008 - 2009 include the following: FY 2008-09 Marketing Highlights • CONVIS implemented a comprehensive Marketing and Advertising Media Buy Plan with over $450,000 strategically resourced in media outlets covering: magazines, newspapers, meetings segment, signature local event marketing, trade shows, local events, Highway Billboard on 1-91 Freeway and Fashion Valley Mall banners. • CONVIS generated more than $56,200 in accommodation revenue and attraction tickets through its online booking engine. • Generated more than 40,000 visitor inquiries through phone-in, walk-in, email and website sources. • Generated over $1.8 million in in-kind press editorials and publications. • Initiated 6 Market-Specific Programs to promote local events and 4 Coupon Programs to encourage visitation. • Attracted over 154,920 users to the Bureau's web site. • Produced 60,000 Temecula Valley Visitor Guides which were distributed to visitor inquiries, meeting planners, media, local hotels, motels and community businesses. • Produced 20,000 Meeting Planner Guides distributed to meeting and event planners. • Launched new Brand Development Campaign to key tourism stakeholders, members and the community for regional brand positioning. FY 2008-09 Sales Highlights • Attended 11 market-diverse Trade Shows promoting the Temecula Valley to thousands of meeting planners, leisure travelers, travel professionals, media and journalists. • Processed 51 Sales and Catering Leads for a total of 10,268 potential room night opportunities. • Created strategic sales and marketing campaign to over 1,000 meeting planners via e-mail blasts, postcard mailers, meeting planner guide kits and phone solicitation promoting the Temecula Valley as a unique meeting and event destination. • Mailed over 2,500 postcards to various Temecula festival attendees encouraging them to book overnight stays at the TID Hotels and Pechanga. • Sales Task Force created the Temecula Valley Escape Pass featuring discount coupons for Wine Country, Pechanga, Old Town, Transportation, Golf and Hot Air Balloon companies. Over 1,000 passes were distributed to hotel guests upon check-in at TID lodging facilities. A copy of the comprehensive Temecula Valley Convention & Visitors Bureau 2009 Annual Report: Budget and Marketing Plan is available for review in the City Manager's office. FISCAL IMPACT: Adequate funds for the Temecula Valley Convention & Visitors Bureau marketing funding have been included in the FY2009-10 Operating Budget (Economic Development line item, account #001-11-999-5264) for the recommended sponsorship amount of $108,000. ATTACHMENTS: FY 2009-10 City/CONVIS Marketing Agreement CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc MARKETING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS BUREAU This Agreement is made and effective as of this 25th day of August, 2009 , by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CONVENTION & VISITORS BUREAU ("TVCVB"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City) and its possibilities as such to residential, industrial, tourist and business interests. B. The TVCVB has special knowledge, experience and facilities for disseminating tourist information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its tourism advantages. C. Such tourism activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on August 25, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 3. SERVICES. TVCVB shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. TVCVB shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. TVCVB shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. TVCVB shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of TVCVB hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay TVCVB in two equal payments, in accordance with the payment rate and term and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed One Hundred Eight Thousand Dollars and No Cents CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 2 ($108,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. TVCVB shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. TVCVB shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and TVCVB at the time City's written authorization is given to TVCVB for the performance of said services. In the event the City should desire any additional service, TVCVB shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City and the TVCVB, as herein provided, the City will pay to TVCVB the cost thereof, and the TVCVB shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of TVCVB showing the basis of said claims, and certified by proper officers of TVCVB. TVCB shall not be entitled to receive any compensation for the normal services or expenses. C. TVCVB will submit two separate invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the TVCVB shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to TVCVB the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the TVCVB will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The TVCVB's failure to comply with the provisions of this Agreement shall constitute a default. In the event that TVCVB is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating TVCVB for any work performed after the date of default and can terminate this Agreement immediately by written notice to the TVCVB. If such failure by the TVCVB to make progress in the performance of work hereunder arises out of causes beyond the TVCVB's control, and without fault or negligence of the TVCVB, it shall not be considered a default. CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc 3 b. If the City Manager or his delegate determines that the TVCVB is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the TVCVB with written notice of the default. The TVCVB shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the TVCVB fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. TVCVB shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. TVCVB shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. TVCVB shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the TVCVB. With respect to computer files containing data generated for the work, TVCVB shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The TVCVB agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of TVCVB's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. TVCVB shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the TVCVB, its agents, representatives, or employees. CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 4 broad as: a. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the TVCVB owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the TVCVB has no employees while performing under this Agreement, worker's compensation insurance is not required, but TVCVB shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. TVCVB shall maintain limits no less 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the TVCVB shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the TVCVB; products and completed operations of the TVCVB; premises owned, occupied or used by the TVCVB; or automobiles owned, leased, hired or borrowed by the TVCVB. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the TVCVB's insurance coverage shall be primary insurance as respects the City, its officers, officials, CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 5 employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the TVCVB's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The TVCVB's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the TVCVB shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. TVCVB shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the TVCVB's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. TVCVB is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of TVCVB shall at all times be under TVCVB's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of TVCVB or any of TVCVB's officers, employees, or agents except as set forth in this Agreement. TVCVB shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. TVCVB shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to TVCVB in connection with the performance of this Agreement. Except for the fees paid to TVCVB as provided in the Agreement, City shall not pay salaries, wages, or other compensation to TVCVB for performing services hereunder for City. City shall not be liable for compensation or C:\Program FilesWeevia.Com\Document Converter\temp`1938733.doe 6 indemnification to TVCVB for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The TVCVB shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The TVCVB shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the TVCVB to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by TVCVB in performance of this Agreement shall be considered confidential and shall not be released by TVCVB without City's prior written authorization. TVCVB, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided TVCVB gives City notice of such court order or subpoena. b. TVCVB shall promptly notify City should TVCVB, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent TVCVB and/or be present at any deposition, hearing or similar proceeding. TVCVB agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by TVCVB. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: Shawn Nelson, City Manager CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 7 To Consultant: Temecula Valley Convention & Visitors Bureau 26790 Ynez Court, Suite B Temecula, CA 92599 (959) 491-6085 Attention: Kimberly Adams, President/CEO 15. ASSIGNMENT. The TVCVB shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, TVCVB's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the TVCVB. 16. LICENSES. At all times during the term of this Agreement, TVCVB shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and TVCVB understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer or employee of the City that has participated in the development of this Agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the TVCVB, or TVCVB's sub-contractors for the work to be performed under this Agreement, during his or her tenure. The TVCVB hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this Agreement or its approval has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, the proceeds thereof, the TVCVB, or TVCVB's sub-contractors for the work to be performed under this Agreement. TVCVB further agrees to notify the City in the event that any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of TVCVB warrants and represents that he or she CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 8 has the authority to execute this Agreement on behalf of the TVCVB and has the authority to bind TVCVB to the performance of its obligations hereunder. CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc 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 TEMECULA VALLEY CONVENTION & VISITORS BUREAU 26790 Ynez Court, Suite B Temecula, CA 92591 (951) 491-6085 By: Denis Ferguson Chairman of the Board Bv: Name: Kimberly Adams Title: President/CEO By: Name: Terri Delhamer Title: Secretary Bv: Name: Katherine Bailey Title: Treasurer CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 10 EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Convention & Visitors Bureau shall undertake, during the 2009-10 fiscal year, to carry on marketing/advertising promotional activities for the Leisure Travel Market on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer correspondence relative to the local tourist industry, tourist advantages and opportunities in the City of Temecula, and to disseminate tourist information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Participate in tourism trade shows focusing on the leisure markets. 4. Reprint tourism rack brochure and distribute through rack service. The TVCVB shall supply City with rack brochures to include in City's business attraction efforts at no cost to City. 5. Develop and support FAM (Familiarization) Tours for media, meeting planners, tour and trade. 6. Pursue media co-operative advertising buys with other area organizations and tourism businesses such as San Diego CONVIS, Orange County CONVIS, and the Temecula Valley Winegrowers Association to leverage Temecula's advertising budget. 7. Place advertising in tourism industry trade publications, guide books, magazines and special selections, billboard and internet. partners. 8. Respond to travel visitor inquiries through travel publications and CVB 9. Update and reprint the visitor guide that represents all of the tourism aspects of Temecula. The guide includes a special section for Old Town Temecula. The TVCVB shall supply City with guides to include in City's business attraction efforts at no cost to City. 10. Prepare quarterly calendar of events and distribute to media. 11. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. TVCVB shall employ a full time Executive Director, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its tourist industries, tourist activities and opportunities. 12. Maintain and update TVCVB web site. CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc 11 13. Update and reprint Temecula CD. The TVCVB shall supply City with CDs to include in City's business attraction efforts at no cost to City. 14. Maintain press kits and provide during familiarization tours and as handout to media. 15. The President & CEO of the TVCVB shall provide to the City Manager and Assistant City Manager a copy of the monthly written report that is submitted to the TVCVB Board of Directors showing actual expenditures under each budget heading, together with a comparison against budget and commentaries on significant variances. The President & CEO of the TVCVB shall also provide to the City Manager and Assistant City Manager a copy of the activities monthly report submitted to the TVCVB Board of Directors. Said reports are requested by the second Wednesday of each month. 16. TVCVB shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the TVCVB. This financial audit of the TVCVB should be completed and submitted to the City no later than December 1, 2009. The financial audit shall provide a general summary report on how funds were expended and used to benefit Temecula residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Marketing Funding. CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc 12 EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the marketing/advertising promotional services for the Leisure Travel Market to be performed by the TVCVB for City, as set forth in Exhibit "A" hereof, City hereby agrees to pay TVCVB the sum of One Hundred Eight Thousand Dollars and No Cents ($108,000) for the fiscal year 2009-10. The City hereby agrees to pay TVCVB in two equal payments, during the term of this Agreement. The first installment payable within 30 days of City Council approval of contract and the second installment payable 6 months after City Council approval. CAProgram FilesWeevia.Com\Document Converter\temp\938733.doc 13 ATTACHMENT C TEMECULA VALLEY CONVENTION AND VISITOR'S BUREAU FY 2009 - 2010 MARKETING TOURISM BUDGET AND PROGRAM SOUTHERN CALI TPNIA/ ~J WINE COUNTRY ,U Temecula Valley Convention and Visitors Bureau January 28, 2009 Shawn Nelson City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Re: Economic Development Funding Application for the Temecula Valley Convention & Visitors Bureau Dear Shawn, Attached is the 2009-2010 Temecula Valley Convention & Visitors Bureau application for Economic Development Funding. This budget reflects the overall Bureau funding including the Tourism Improvement District, proposed City Marketing Funding and revenue from our private sponsors, fundraisers and membership. The Temecula Valley Convention & Visitors Bureau is committed to build strong Advertising and Marketing programs to "Brand Temecula" as a premier year-round resort and business destination by simulating economic growth and tourism to our region through Developing, Expanding, and Marketing our destination to Conventions, Meetings, and the Leisure Travel Markets. Our 2009-2010 Budget demonstrates our goals and partnerships in Building our Brand. On behalf of our Board of Directors and Membership the Convention & Visitors Bureau wishes to thank you for your support and partnership. Sin erely, Kim erly Ahai is President/CEO 26790 ynez ct • suite b • temecula ca 92591 951.491.6085 888.3632852 fax 951.491.6o89 temeculacvb.com SOUTHERN CALIF _ ORNIA IA ~J WINE COUNTRY 'V Temecula Valley Convention and Visitors Bureau Temecula Valley Convention & Visitors Bureau 2009- 2010 City Marketing Tourism July 1, 2009-June 30, 2010 Tourism Rack Brochure Trade Show FAM Tours Ad Design/Out of Film Advertising Co-op Advertising $29,000 $ 8,000 $ 3,000 $ 5,000 $24,500 $10,000 Rack Service CD Rom Online marketing Co-op Advertising Billboard Total Tourism $11,500 $ 4,000 $ 3,000 $ 10,000 $108,000 For the 2008-2009 Budget Period the Temecula Valley Convention & Visitors will maintain the programs developed by the City of Temecula. Tourism Rack Brochures Expense $29,000 1. Reprint tourism rack brochures for Temecula 2. Distribute brochure through rack service in SD, Orange County, LA County and Palm Springs. Hand out at Trade Show and in Temecula CVB Press Kits -4 Trade Show Expense $ 8,000 1. Participate in tourism trade shows focusing on the leisure markets 2. Efforts will be made in the San Diego and LA Markets (attend LA and SD Travel :Show) FAM Tours Expense $ 3,000 1. Develop and support FAM tours for Media, Meeting Planners, Tour and Trade. 2. Partner with the community to establish itinerary for hotels, restaurants, wineries, golf, ballooning and old town Ad Design/Out of Film Expense $ 5,000 1. Re-Design City ads to meet layout specifications Advertising Expense $24,500 Co-op Advertising Expense $10,000 1. Pursue media co-operative advertising buys with other area organization and tourism business, San Diego Convis, Orange County Convis, Inland Empire, and the Temecula Valley Wine Growers Association to leverage "Temecula's advertising budget 2. Place ads in tourism industry trade publications, guide books, magazines and special selections, and internet Rack Service Expense $11,500 1. Rack service distribution through San Diego and Orange Counties, Palm Springs, San Diego Corporate and Phoenix, AZ Corporate. Position Temecula with the Temecula Valley Winegrowers rack brochure in designated areas CD Rom Expense $ 4,000 1. Update and reprint current Temecula CID Online marketing Expense $3,000 1. Event, hotel and airline packaging Co-op Advertising Billboard Expense $ 10,000 1. Event, hotel market Total Tourism Marketing $108,000 i V O O m O m O O O O O Oml y M N N N ~ ~O N P ~ N O a LL O O O ol Oi pj P NOi I~ [pp Oi 1 MN F O ~ o O m 00 O N O r 'p [ O O m N a N'N 4l ( 'j N i o om min ou zo _ m _ _ ' O' O N 0 ' N r N N N N N ( V 0 O O O m N m N N rN N ( V N Dl _ Q N ~ O O NOO ~n O O NN O O Z N O O O m O N O O m O O O m m O m • N n N N ( V N _ _ (V O N O O 0 O m~ 0 e O NO' ~n N 0 N NN O~ _ i N N m O N 0 O O O O ON ~ 0 n IAN N N N O r _ Q N - T m 0 0 0 N O m 0 O 0 O m m _ _ m N 0 ' N r M N - N N N 0 O N O N O O O O 0 f ON O N N ~th N N N c l Oi 1 OO N ON O _ o _ mN 0 ' N f~C> b N N ~ O ON OO 'n O O n X0 _ 0 O NO m N 'n ~N Vi N ~ C Q l O O D O O N o _ _ mN W N N ~lh ~n N N N 0 - ° E h w E ' 0 a m ~ ~ v rc a o m ~E c r a ` a o ~ d a q o c . ~ „ y E q~ y ~ ( 3 O m R ~ U d O LL ~ - °i ° ~ a C C N ` r a M y _ - - ~ sx ao rv ` rv c E o c o v o_ w » a C 1° a o C C M S 2 c N~ m 0 O M a a ~ a 9 E E d c m i i u d d @ ° = o o e w • . O O Q li `e F V1 H Q Q G W W G 6 LL h' F F d U I w a ~ -i F F a ° 9 o ' c 5 m LL E a U F N U' Z i c a ' E h a ~ c a a m °a ~ ° a o o c a ' ~ ~ U IL ~ O > °a n ~ 6 m 3 ~ ~ w a _ O D A n ~ y [ _ u w - - n y c c a `o_ E w ~ i a ' a ~ a o 'C C y ' g d o m o o °-y y a E ~ x m ° ° p c c ~ O 0 ` 0 rc 01 ~ ~ u~1 ' o V o < ii m ~ Q Q w w a a i ~ ~ d -1 O r W O F 9 R Vl LL i Q V ~ m f rv Ua Z U ATTACHMENT D TEMECULA VALLEY CONVENTION AND VISITOR'S BUREAU FY 2009 - 2010 STATEMENT OF FINANCIAL POSITION I [ Ym'j~ r ~S i M t F Aw 0.~,~ \ ~ J4 s}~~ TEMECULA VALLEY CONVENTION & VISITORS' BUREAU ' Compiled Financial Statements For the Ten Month Period Ending December 31, 2008 ±0) Y To the Board of Directors Temecula Valley Convention & Visitors Bureau Temecula, California A Professional We have compiled the accompanying Statement of Financial Position . Accountancy Corporation of the Temecula Valley Convention & Visitors Bureau as of December 31, 2008, and the related statements of activity and cash flows for the ten month period then ended, in accordance with Statements on i Standards for Accounting and Review Services issued by the ■ American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of the management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other Jeff Nigro, CPA form of assurance on them. Elizabeth Nigro, CPA The management has elected to omit substantially all of the disclosures Ciirl* White, CPA required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might MURRIETA OFFICE influence the user's conclusions about the Organization's financial Pli: 951.6911.117111 ' position, results of operations, and cash flows. Accordingly, these - FAX: 951.699.1064 financial statements are not designed for those who are not informed 25090 Jefferson Avenue I about such matters. Mucrieta, CA 92562 The supplementary information consists of a comparison of the annual ' SAN DIEGO OFFICE budgeted amounts to the actual amounts for the ten month period then PH: 619.270.8222, ended. We have compiled the supplementary information from FAX: 619,260,90115 information that is the representation of management of the Temecula 2727 Camino Del Rio S. Suite 219 Valley Convention & Visitors Bureau without audit or review. San Diego, CA 9z1os Accordingly, we do not express an opinion. or any other form of assurance on the supplementary information. MEMBERS OF We are not independent with respect to the Temecula Valley I • American Institute of CPAs • California Society of CPAs Convention and Visitors Bureau. • California Association of S;rZ chool Business officials • Community Associations U71 - _ Institute January 15, 2009 Murrieta, California WEBSITE - - w .nnwcpa.cwm I Licensed by tfle9alifornia 'Ward.of Accountancy I u 1 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Financial Position December 31, 2008 ASSETS Cash Cash On Hand - Store $ 600 General Checking Account 71,316 General Money Market 42,694 TID Checking 14,671 Restricted - Money Market 2,564 Total Cash $ 131,845 Accounts Receivable - TID 85,000 Inventory 5,949 Property and Equipment Furniture & Fixtures 7,881 Equipment 4,183 Less Accumulated Depreciation (4,024) Net Property and Equipment 8,040 TOTAL ASSETS $ 230,834 LIABILITIES AND NET ASSETS LIABILITIES Payroll Taxes Payable (553) Retirement Plan Payable 6,966 TOTAL LIABILITIES 6,413 NET ASSETS Unrestricted 127,754 Temporarily Restricted 96,667 TOTAL NET ASSETS 224.421 TOTAL LIABILITIES AND NET ASSETS $ 230,834 See accompanying accountants' report. -2- i TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Activities For the Ten Month Period Ending December 31, 2008 Temporarily ' Unrestricted Restricted Total REVENUES, GAINS, AND OTHER SUPPORT TID Funding $ $ 489,721 $ 489,721 ' Other Public Funding 91,480 91,480 City Marketing Grant = Contributions 225,000 - 225,000 Program Service Revenues I Website Advertising 13,870 13,870 Membership Dues 3,850 - 3,850 Merchandise Sales 7,001 - 7,001 Publication Sales 6,695 6,695 Interest Income 674 - 674 Net Assets Released From Restrictions: I Grant Restrictions Satisfied 484,534 (484,534) 0 TOTAL REVENUES, GAINS, AND OTHER SUPPORT 741,624 96,667 838,291 EXPENSES ' Cost of Merchandise Sold 3,540 3,540 Program Services I Advertising-Printed Marketing 314,723 314,723 Marketing Personnel Costs 96,261 - 96,261 Advertising-Website 13,659 - 13,659 Travel & Entertainment 9,138 9,138 Advertising-Media 6,533 - 6,533 Trade Show Participation 6,584 - 6,584 Dues & Subscriptions 4,225 - 4,225 Event Hosting-Local Community 4,861 4,861 Event Hosting-Industry Sales 4,622 - 4,622 Promotional Items 2,994 - 2,994 FAM Tours / Site Visits 1,243 1,243 Operational Personnel Costs 161,677 - 161,677 Rent 44,841 44,841 Professional Fees 29,288 - 29,288 Insurance 10,777 - 10,777 Telephone 7,703 7,703 Printing 4,566 - 4,566 Credit Card Processing 4,965 - 4,965 Office Supplies 3,099 - 3,099 TOTAL EXPENSES 735,300 - 735,300 CHANGE IN NET ASSETS 6,324 96,667 102,991 NET ASSETS AT BEGINNING OF YEAR 118,716 - 118,716 ADJUSTMENT FOR RESTATEMENT 2,714 - 2,714 NET ASSETS AT BEGINNING OF YEAR, AS RESTATED 121,430 - 121,430 NET ASSETS AT DECEMBER 31, 2008 $ 127,754 $ 96,667 $ 224,421 See accompanying accoun tants' report. -3- TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Cash Flows For The Ten Month Period Ending December 31, 2008 CASH FLOWS FROM OPERATING ACTIVITIES Increase in Net Assets Adjustments to reconcile change in net assets to net cash used by operating activities: (Increase) decrease in operating assets: Accounts Receivable Prepaid Expense Inventory Increase (decrease) in operating liabilities: Accounts Payable - Vendors Payroll Taxes Payable Deferred Revenue Retirement Plan Payable NET CASH PROVIDED BY OPERATING AC HVITIES NET INCREASE IN CASH BEGINNING CASH ENDING CASH $ 102,991 4,675 629 1,481 (58,617) (756) (31,480) 4,208 23,131 23,131 108,715 $ 131,845 See accompanying accountants' report. -4- Supplementary Information Temecula Valley Convention & Visitors' Bureau Budget to Actual Report For The Ten Month Period Ending December 31, 2008 General Fund Annual Budget $ Over/(Under) Budget Income Advertising - Website Funding Investment Revenue Membership Dues Sales-Publications Merchandise Sales Total Income Expense Cost of Goods Sold Advertising - Printed Marketing Advertising-Website Bank Fees / Credit Card Processing Contract Labor Dues & Subscriptions Event Hosting, Industry Sales Event Hosting, Local Community Insurance Office Supplies Personnel Costs -Operational Professional Fees Promotional Items Rent Telecommunications Travel & Entertainment 13,870 15,600 (1,730) 225,000 300,000 (75,000) 674 - 674 3,850 12,000 (8,150) 6,695 20,000 (13,305) 7,001 12,000 (4,999) 257,090 359,600 (102,510) 3,540 - 3,540 68,405 118,954 (50,549) 7,545 8,070 (525) 3,628 - 3,628 3,251 - 3,251 1,355 930 425 4,622 3,200 1,422 4,861 4,100 761 6,934 3,368 3,566 1,104 20,500 (19,396) 104,832 159,178 (54,346) 9,175 1,800 7,375 471 2,500 (2,029) 22,003 26,400 (4,397) 7,346 7,350 (4) 1,695 3,250 (1,555) Total Expense 250,766 359,600 (108,834) Net Income 6,323 - 6,323 Cost of Goods Sold: Budget Includes all purchases (purchases sold and purchases in inventory) The inventory remaining at 12131108 is $ 5,949. Due from TID Fund $20,000 This was a short term transfer necessary for cash flow purposes to cover TID expenses while waiting for accounts receivable to be collected. See Accompanying Accountants' Report Temecula Valley Convention & Visitors' Bureau Budget to Actual Report For The Ten Month Period Ending December 31, 2008 TID Fund Income Funding Interest Revenue Total Income Expense Advertising / Marketing Operational Total Expense Net Income Actual Thru 12/31/08 Annual Budget 489,721 578,000 (88,279) - 6,000 (6,000) 489,721 584,000 (94,279) 300,658 447,000 (146,342) 111,896 137,000 (25,104) 412,554 584,000 (171,446) 77,167 77,167 Due to General Fund $20,000 This was a short term transfer necessary for cash flow purposes to cover TID expenses while waiting for accounts receivable to be collected. See Accompanying Accountants' Report Temecula Valley Convention & Visitors' Bureau Budget to Actual Report For The Ten Month Period Ending December 31, 2008 City Marketing Fund Income City Funding Total Income Expense Advertising / Marketing Total Expense Net Income Actual Thru 12131/08 Annual Budget $ Over/(Under) Budget 91,480 120,000 (28,520) 91,480 120,000 (28,520) 71,980 120,000 (48,020) 71,980 120,000 (48,020) 19,500 19,500 See Accompanying Accountants' Report ITEM NO. 7 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: August 25, 2009 SUBJECT: Memorandum of Understanding Between California State University San Marcos, Temecula Valley Unified School District, the City of Temecula and the Temecula Valley Chamber of Commerce - CSUSM Enrollment Advantage PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU) between California State University San Marcos, Temecula Valley Unified School District, the City of Temecula and the Temecula Valley Chamber of Commerce. BACKGROUND: The City of Temecula has made a concerted and dedicated effort to attract higher education institutions. With an educated work force residing in the City of Temecula, the City clearly understands the value placed on higher education and on the partnerships that further these goals. This memorandum of understanding will guarantee enrollment for all graduating Temecula Valley Unified School District twelfth grade students, that meet the minimum qualifications outlined. This MOU is a joint commitment of partners that expresses that the Temecula Valley Unified School District and California State University San Marcos will work collaboratively with the City of Temecula, the Temecula Chamber of Commerce and agencies to support the success of all Temecula Valley Unified School District students. FISCAL IMPACT: None ATTACHMENTS: MOU Memorandum of Understanding Between - California State University San Marcos, Temecula Valley Unified School District, the City of Temecula and the Temecula Valley Chamber of Commerce - CSUSM Enrollment Advantage As part of the Partnership for Student Success, Temecula Valley Unified School District agrees to provide all incoming seventh grade students, beginning with the 2009-10 school year, with a rigorous program of studies and support which will provide them with an opportunity to meet the requirements for entrance to California State University San Marcos without need for remedial college courses upon graduation from high school. Working with California State University San Marcos, the following benchmarks will be used by the Temecula Valley Unified School District: 1. Student must be continually enrolled in the Temecula Valley Unified School District since the 9th grade. 2. Student must be continually enrolled in the Temecula Valley Unified School District for 4 years. 3. Students must complete all A-G Coursework required by CSU admission policies. 4. Students must meet minimum CSU eligibility index requirements. 5. Students must participate and successfully pass the Early Assessment Program in their junior year (11 th grade) in mathematics and English. 6. Students must participate and successfully pass the Early Assessment Program in their junior year (11 t" grade) in mathematics and English or successfully complete additional coursework designed to build the appropriate skills and knowledge. 7. Students must take SAT Reasoning or ACT Exam. 8. Students must submit the Free Application for Federal Student Aid (FAFSA). The Temecula Valley Unified School District will support the attainment of these benchmarks with an enhanced secondary program including the following: • A clear statement of expectations to staff, parents, community, and students for seventh grade and each year thereafter. • An Algebra curriculum for eighth graders. • Summer school opportunities for basic skills preparation. • Additional high school mathematics electives that prepare students with skills to pass college entrance examinations or to meet college course requirements. • Training for middle and high school teachers in Advancement Via Individual Determination (AVID) program strategies. • AVID opportunities for middle and high school students • Clear criteria for identifying and supporting incoming seventh grade at-risk students. • A systematic program of parent communication and education. • Transportation for students and parents to the California State University San Marcos for visits and orientations. Memorandum of Understanding Between - California State University San Marcos, Temecula Valley Unified School District, the City of Temecula and the Temecula Chamber of Commerce • Annual reports on the progress of each participating class. • Frequent notification to students and parents of academic progress. • Submission of the required Cal Grant GPA Verification for students by March 2nd of the senior year (twelfth grade). • Assess CSU English and Mathematics proficiency through participation in the CSU Early Assessment Program (EAP). • Facilitation of the development and distribution of supplemental financial aid for participating students. • Development of opportunities for 11t" and 12t" grade students to experience university level academic work on the Temecula Valley Unified School District campus. As part of the Partnership for Student Success, California State University San Marcos will provide a guarantee of enrollment at California State University San Marcos for all graduating Temecula Valley Unified School District twelfth grade students who: • Successfully complete the minimum CSU eligibility index requirements and achieve a passing score on the EPT and ELM, demonstrating that they have no remedial needs in English or math. • Have taken the SAT Reasoning (no minimum score required). California State University San Marcos and Temecula Valley Unified School District are committed to an inclusionarylsupportive model that allows students who fall behind in meeting benchmarks to accelerate back on target to qualify. Toward that end, California State University San Marcos will: • Participate with Temecula Valley Unified School District staff in researching, designing, and implementing literacy and mathematics training models. • Develop a 4-year degree plan for each incoming Temecula Valley Unified School District student and facilitate graduation in four years. • Encourage California State University San Marcos and Temecula Valley Unified School District faculty dialogue regarding course expectations. • Work with Temecula Valley Unified School District to communicate this guarantee to all students, staff and community members. • Assist in the recruitment of college students as tutors to Temecula Valley Unified School District high schools and middle schools through campus organizations and programs. • Share freshmen course expectations with Temecula Valley Unified School District teachers, counselors and administrators 2 Memorandum of Understanding Between - California State University San Marcos, Temecula Valley Unified School District, the City of Temecula and the Temecula Chamber of Commerce • Assist and support Temecula Valley Unified School District graduates at California State University San Marcos with structured programs designed to reduce the college dropout rate. • Monitor student achievement and continue to implement practices that encourage learning by all students. • Develop a comprehensive parent and student orientation and visitation program for pre-collegiate advisement including: college selection, financial aid, and other college entrance issues. • Encourage California State University San Marcos alumni to volunteer as speakers or mentors to Temecula Valley Unified School District schools. • Provide feedback to Temecula Valley Unified School District staff on level of achievement of Temecula Valley Unified School District students at California State University San Marcos. • Facilitate the development and distribution of supplemental financial aid for participating students. • Assist in advertising for Temecula Valley Unified School District AVID positions. • Prioritize application, evaluation, and notification for Temecula Valley Unified School District students. • Work with University Outreach and other Departments to extend opportunities for Temecula Valley Unified School District students to experience university level academic work. • Assist with placement of qualifying students in internships, summer placements, or senior project assignments within local community businesses. Joint Commitment of Partners • The Temecula Valley Unified School District and California State University San Marcos will work collaboratively with the City of Temecula, the Temecula Chamber of Commerce and agencies to support the success of all Temecula Valley Unified School District students. 0910nell/correspondence/drleighty/moucsusm 3 ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: August 25, 2009 SUBJECT: License Agreement Between the City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) PREPARED BY: Cathy McCarthy, Community Services Superintendent RECOMMENDATION: That the City Council approve the License Agreement Between the City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) for Use of Real Property. BACKGROUND: Safe Alternatives for Everyone (S.A.F.E.) was established in 1998 to help families suffering from abuse and violence. S.A.F.E.'s goals are to help children and families in the Temecula Valley live in violence-free homes, schools and communities. S.A.F.E. works with local law enforcement agencies, domestic violence agencies, local hospitals, schools and community organizations to help families remove violence from their lives and deal with the effects that violence has had on each family member's well being. Rather than deal with the individual's involvement in a violent act, S.A. F.E. works in a case management capacity with the entire family to ensure all family members utilize existing community services to "help families help themselves". In addition to case management, S.A.F.E provides referral and resource support, public education and family assessment. In August 2002, the City and S.A.F.E., entered into an agreement to provide office facilities for S.A.F.E. staff at the Temecula Community Center (TCC) on Pujol Street. S.A.F.E. services and client needs continued to increase along with the growth of the community. On January 25, 2005, the City Council approved Amendment No. 3 to the Agreement allowing the placement of a modular unit in the TCC parking lot which provided additional space for administrative staff and counseling services. The modular was a temporary solution for additional space necessary to provide services. The City has worked with S.A.F.E. in the design and construction of a facility at the TCC location that will provide the permanent needed space to offer these services for the community. The construction of the new facility is nearing completion. This license agreement allows for the use of the building by S.A. F.E to provide services. The term is for fifteen (15) years with provisions for one five year extension. S.A.F.E. will provide necessary interior furnishings and information systems. They will also be responsible for all utility and custodial costs. The City will provide landscape maintenance services and maintenance and repair for the exterior of the building and the interior fixtures The partnership between the City of Temecula and S.A.F.E. expands the human services offered in the City and enhances our overall ability to provide needed services within the community. FISCAL IMPACT: Funds have been approved and appropriated in the Fiscal Year 2009- 2010 Temecula Community Services District (TCSD) budget to cover the City's maintenance responsibilities required in this agreement. ATTACHMENTS: License Agreement LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND SAFE ALTERNATIVES FOR EVERYONE (S.A.F.E.) FOR USE OF CITY REAL PROPERTY THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("City") and Safe Alternatives for Everyone (S.A.F.E.), a California non- profit corporation ("Licensee") and is made as of August 25, 2009. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. The City is the owner of certain real property in the City of Temecula located at 28910 Pujol Street, Temecula, California, and identified as Assessor's Parcel Number 922-100-026 (hereafter "Subject Property"). B. The Licensee is a non-profit corporation that provides community services for the Temecula area for members of the Temecula community who may be in need. C. On August 27, 2002, the City and Licensee entered into a license agreement for the use of real property located at 28816 Pujol Street, Temecula, California (2002 License Agreement), and subsequently entered into amendments to the 2002 License Agreement on February 11, 2003 (Amendment No. 1), May 25, 2004 (Amendment No. 2), January 25, 2005 (Amendment No. 3), and June 26, 2007 (Amendment No. 4). D. The City and Licensee desire to terminate the 2002 License Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4 upon Licensee's occupancy of the Subject Property. E. The City is willing to grant a license to Licensee to use the Subject Property in consideration of and recognition of the community services provided to the community by the Licensee. F. The City and Licensee desire to enter into this Agreement to provide the terms and conditions upon which Licensee shall use the Subject Property described below. 2. Right to Use Subject Property. City hereby grants a license to Licensee to use the Subject Property described on Exhibit "A," attached hereto and incorporated herein (hereafter referred to as "Subject Property") attached hereto and incorporated herein, subject to the terms and conditions of this Agreement. 3. Rent. Licensee shall pay rent to the City in the amount of one dollar ($1.00) per year. 4. Expiration of 2002 License Agreement and Subsequent Amendments. The 2002 License Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4 shall expire upon Licensee's occupancy of the Subject Property. The City Manager and Licensee shall sign an amendment to this License Agreement confirming the date Licensee takes occupancy of the Subject Property. 5. Term of License to Use Subject Property. A. Duration. The Term of this Agreement shall be fifteen (15) years, commencing on the date Licensee takes occupancy of the Subject Property, but no later than October 12009, and ending on October 1, 2024, subject to the extension of the term as provided in Subsection C (Notice of Desire to Extend Term) of this Section 5 (Term of License to Use Subject Property). The City Manager and Licensee shall sign an amendment to this License Agreement confirming the date Licensee takes occupancy of the Subject Property. B. Right to Terminate Agreement. Either party may terminate this Agreement for any reason by providing a sixty (60) day written notice of termination to the other party at the addresses shown in Section 14 (Notice), below. C. Notice of Desire to Extend Term. On or before October 1, 2024 Licensee shall give written notice to the City at the address shown in Section 14 (Notice), below of Licensee's desire to further extend the Term of this Agreement for five (5) additional years through October 1, 2029. The Term shall be extended for five (5) additional years through October 1, 2029 only if such extension is approved by the City Manager in writing. Nothing in this section shall be construed as an obligation of City to extend the Term, nor shall it be construed as granting Licensee any option to extend the Term, regardless of whether or not Licensee provides the notice described herein. 6. Responsibilities of Licensee. A. Licensee shall be responsible for providing the interior furniture and equipment for the interior of the buildings located on the Subject Property. B. Licensee shall be responsible for providing and equipping the interior of the building located on the Subject Property with its own information systems, including but not limited to telephones, facsimile machines, computers, printers, copiers and other similar types of equipment. Licensee shall also be responsible for maintaining such information systems equipment. C. Licensee shall be responsible for the monitoring service for the security systems. D. Licensee shall be responsible for maintaining, by providing custodial services, the interior of the buildings located on the Subject Property in a neat, clean and safe condition. E. Licensee shall promptly notify City of any dilapidation or other defective conditions on the Subject Property that require repair. 2 F. Licensee shall not make any modifications to the interior or exterior of any buildings located on the Subject Property, nor shall Licensee place any additional storage units on the Subject Property, without the prior written consent by City. G. Licensee shall be responsible for the costs of utilities, including but not limited to water, gas, electricity, and telephones for the Subject Property. H. Licensee shall put forth its best effort to ensure that no loitering occurs on the Subject Property after the hours of operation. Responsibilities of City. A. City shall provide all landscape maintenance services to the exterior of any buildings located on the Subject Property. B. City shall be responsible for all maintenance and repairs for the exterior of the building located on the Subject Property, including roofing, HVAC, the parking lot and exterior lighting. C. City shall be responsible for the maintenance of the interior fixtures of the building located on the Subject Property, except for those items listed in Section 6 of this Agreement and except for those items Licensee brings into any buildings located on the Subject Property. D. City shall be responsible for the installation and maintenance of fire alarm systems. E. City reserves the right to inspect the interior and exterior of any buildings located on the Subject Property on a monthly basis. F. City reserves the right to enter the building located on the Subject Property in any of the following instances: 1) In the event of an emergency; 2) To make necessary or agreed repairs, alterations, or improvements; 3) To supply necessary or agreed services; 4) If Licensee abandons or surrenders the leased premises; or 5) Pursuant to court order. 8. Liens. Licensee shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property. Licensee shall defend, indemnify and hold City harmless, pursuant to Section 10 (Indemnification), below, from any liens that may attach to the Subject Property or to the Subject Property arising from the use of the buildings on the Subject Property for the operation of S.A.F.E. 9. Condition of Subject Property. A. Licensee shall keep the Subject Property, including equipment, if applicable, in good order and condition, and shall not damage, depreciate, alter or misuse the Subject Property. B. If Licensee damages the Subject Property, Licensee shall pay City promptly for all costs necessary to restore and remedy the Subject Property or its equipment to its prior condition. In addition, Licensee shall pay City for any damage or injuries to the Subject Property occasioned by Licensee's negligence, misuse, or lack of ordinary care. C. Upon termination of this Agreement, Licensee shall return the Subject Property in as good as a condition and repair as the Subject Property existed as of the date of this Agreement subject to reasonable wear and tear. 10. Indemnification. Licensee shall defend, indemnify, assume all responsibility for and hold the City, and its officers, officials, agents, employees and volunteers ("Indemnified Parties"), harmless from all costs (including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death that may be caused by any of the actions or inactions of the Licensee or users of the Subject Property or that may result from the Licensee's use of the Subject Property, whether such actions or inactions or use by Licensee or any person directly or indirectly employed or contracted with by Licensee and whether such action shall accrue or be discovered before or after termination of this Agreement. This Section 10 (Indemnification) shall survive termination of this License Agreement. 11. Insurance Requirements. Licensee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated industry standard policies: 1) Insurance Services Office Commercial General Liability coverage (occurrence form No. CG 00 01 11 85 or 88). 2) Insurance Services Office Business Auto Coverage from CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Licensee owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Licensee has no employees while performing under this Agreement, worker's compensation insurance is not required, but Licensee shall execute a declaration that it has no employees. than: B. Minimum Limits of Insurance. Licensee shall maintain limits no less 4 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage for Licensee or its tenant (or assigns). If Commercial General Liability Insurance or other form with a general aggregate limit is issued, either the general aggregate limit shall apply separately to the Subject Property or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, agents, employees or volunteers, or the Licensee shall procure a bond guarantee payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Indemnified Parties (as defined in Section 10 (Indemnification)) shall be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Licensee; products and completed operations of the Licensee; premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. 2) For any claims related to the Licensee's use of the Subject Property, the Licensee's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any insurance or self-insurance maintained by the Indemnified Parties shall be in excess of the Licensee's insurance and shall not contribute with Licensee's insurance. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Indemnified Parties. 4) The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. 6) Within two (2) business days of receipt of notice of any action described in paragraph 5 of subsection D (Other Insurance Provisions) of this Section 11 (Insurance Requirements), Licensee shall notify the City of said action and provide the City with copies of said notice. 7) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. 8) Verification of Coverage. Licensee shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bond coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before Licensee begins to use the Subject Property. As an alternative to the City's forms, the Licensee's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. Assignment and Subletting. Licensee shall not assign its interest in this Agreement or in the Subject Property to any person or entity without first obtaining the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 13. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and neat condition. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. 14. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party: City: CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Licensee: Safe Alternatives for Everyone (S.A.F.E.) 15. Legal Responsibilities; Non-Discrimination. The Licensee shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services described in this 6 Agreement. As required by law, the Licensee hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon, nor shall the Licensee establish or permit any such practice or practices of discrimination or segregation. The Licensee shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Licensee to comply with this section. 16. Taxes. Licensee shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the building described at Section 2 (Right to Use Subject Property) above as a result of Licensee's use of the Subject Property. 17. Interpretation. Each party had the frill opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 18. Authority to Enter Into Agreement. Each person signing below personally warrants and represents to the City that the Licensee has approved this License, intends to be bound by its terms and that they are duly authorized to execute this License Agreement on behalf of the Licensee. 19. Entire Agreement. This Agreement and any documents attached hereto or mentioned herein, contain all of the Agreements of the parties regarding the Subject Property, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 20. Amendments. No provision of this Agreement may be amended except by the written agreement of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Safe Alternatives for Everyone (S.A.F.E.), a California Non-Profit Corporation By: Name: Title: By: Name: Title: 7 CITY OF TEMECULA Maryann Edwards Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney EXHIBIT "A" DESCRIPTION OF SUBJECT PROPERTY The Property that is the subject of this License and referenced in Paragraph 2 (Right to Use Subject Property) of this Agreement consists of a portion of the real property owned by the City of Temecula located at 28910 Pujol Street, Temecula, California, 92590 as depicted below. 9 ITEM NO. 9 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: August 11, 2009 SUBJECT: Parcel Map 32158, Located on west side of Bostik Court, South of Winchester Road PREPARED BY: Daniel A. York, City Engineer John Pourkazemi, Associate Engineer- Land Development Division RECOMMENDATION: That the City Council approve Parcel Map 32158 in conformance with the Conditions of Approval. BACKGROUND: Parcel Map No. 32158 proposes to subdivide 1.97 gross/net acres into two (2) parcels - 0.97 net acre and 1.00 net acre, respectively - for light industrial use/development. The parcel map is located on west side of Bostik Court, south of Winchester Road. Tentative Parcel Map No. 32158 (PA04-0075) was initially approved at the May 6, 2004 Director's Hearing. The tentative map was granted its First Extension of Time (PA07-0138) on December 20, 2007, and its Second Extension of Time (PA08-0103) on July 10, 2008. An automatic one year Extension of Time was also granted pursuant to California Senate Bill 1185 validating the tentative map until May 6, 2010. All public improvements are in place and the survey monuments have been set. The property owners, Amand, Hetzner, and Oliver families, have met the terms of the Conditions of Approval for map recordation. This parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Fees and Securities Report 2) Vicinity Map 3) Parcel Map No. 32158 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 32158 DATE: Auaust 11. 2009 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0.00 $ 0.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 0.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ Paid SERVICE FEES Planning Fee $ 291.00 Fire Fee $ 206.00 TCSD Fee $ 141.00 Plan Check Fee $ 6,232.00 Monumentation Inspection Fee $ 274.00 Fees Paid to Date $ 7,144.00 Balance of Fees Due $ 0.00 PM 32158 VICINITYMAP ~L Y ~ a ~ Q ~ O O~ p ~O COURT RANCy° °'~ti, SITE ° q VICINTITY MAP N. T. 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J_ t ° ( ~ J a T ui ry I ~ ' _ / Q ~ Q ~ ~ Y.1Kpf1Llpj ~ G ~ 1 1 ~ < 1 ~ O ~ N ~ I 1 N n Q y a Z 44 ppY WV Om~ t O g m 45 ~ U N~ N 2 < ~ W ck m 2 lj~ R 7 ~i d ~ t t t t t t t t r t l- r r ~ t t r o t t r t t ~ r t~ I t t r t n r tl r t r t r: ~ 3 0 : S 3 ,."t o R R R R ~ F~ ~ A ~ E R R z R o R R - R o o ° 3? 0 ^ ' 3 o n z z ~ z z z z z z ~ i i z i z ~ z z z z z z z z z z z z{ i i z z z ~ y 0 y - - o 0 ~ ~ h 51 R R o R 9l 8 R , R " ^o R oo O o o " " $ R ^ 8 8 8 8 - 3 8 8 0 8 ITEM NO. 1 0 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: August 25, 2009 SUBJECT: Parcel Map 36055, located on the south side of 3~d Street, west of Old Town Front Street PREPARED BY: Daniel A. York, City Engineer John Pourkazemi, Associate Engineer- Land Development Division RECOMMENDATION: That the City Council approve Parcel Map 36055 in conformance with the Conditions of Approval. BACKGROUND: Record title Interest: The Warehouse at Creekside, LLC Commercial Bank of California Parcel Map No. 36055 proposes to merge six (6) lots into one parcel, 0.51 gross/net acre in area, for residential and retail commercial use/development. The property covered by this parcel map is located on the south side of 3~d Street, west of Old Town Front Street. Tentative Parcel Map No. 36055, planning application PA08-0287, was approved at the January 29, 2009 Director's Hearing. The underlying development plan, The Warehouse at Creekside, planning application PA08-0115 was approved by the City of Temecula Planning Commission on August 20, 2008. Certain public improvements associated with the development of the project are required, and both of the planning applications, the development plan and the map, were conditioned for the public improvements accordingly. A General Vacation of half width of the alley between 2nd Street and 3~d Street, between Old Town Front Street and Murrieta Creek, was adopted under Resolution No. 09-13 at the January 27, 2009 City Council hearing, and subsequently recorded. The portion of the alley vacation that adjoined the subject property added approximately 0.034 acre (±1,500 S.F.) to the property. Survey monuments associated with Parcel Map No. 36055 are required to be set with this map, hence requiring posting of the Monument Agreement and Faithful Performance Bond to guarantee their installation. The property owner has met the terms of the Conditions of Approval for map recordation and this parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Fees and Securities Report 2) Vicinity Map 3) Parcel Map No. 36055 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 36055 DATE: Auaust 25. 2009 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 75,000.00 $ 37,500.00 Water $ 29,500.00 $ 14,750.00 Sewer $ 0.00 $ 0.00 TOTAL $ 104,500.00 $ 52,250.00 Monumentation $ 960.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ Paid SERVICE FEES Planning Fee $ 340.00 Fire Fee $ 241.00 TCSD Fee $ 165.00 Plan Check Fee $ 2,167.00 Monumentation Inspection Fee $ 319.00 Fees Paid to Date $ 3,232.00 Balance of Fees Due $ 0.00 PM MOSS V/CiNirY Mp N rn ~ GP~~FpR pY\'o \ 0P0 o~ s a~ T VICINITY MAP NO SCALE Z3 y SITE F-q rri Q THIRD STREET SECOND STREET ) m m i i ITEM NO. 11 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: August 25, 2009 SUBJECT: Second Amendment to Agreement with Crosstown Electrical & Data, Inc. for Construction Services - CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway Project No. PW07-07 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic Daniel A. York, City Engineer RECOMMENDATION: That the City Council approve a Second Amendment to the Agreement with Crosstown Electrical & Data, Inc., for Construction Services for CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway for an amount not-to- exceed Thirty-Five Thousand Six Hundred Dollars ($35,600.00). BACKGROUND: At their meeting of May 22, 2007, the City Council approved an agreement with Crosstown Electrical & Data, I nc. in the amount of $122,400.00 to furnish and install intersection traffic monitoring CCTV cameras, communication equipment, and fiber optic cable backbone system on Route 79 South and Pechanga Parkway. The City Council also authorized the City Manager to approve change orders not-to-exceed the contingency amount of $12,240.00, which equaled 10°x6 of the contract amount. In June 2008, the City Manager approved the First Amendment to the Agreement with Crosstown Electrical & Data, Inc. which extended the term of the contract to June 30, 2009. The extension of time was necessary to locate and "proof" the City's existing conduit located within Time Warner's conduit duct on Ynez Road. The extension also provided for completion of the fiber optic cable backbone installation on Ynez Road from Rancho California Road to La Paz Street. During the course of the work, Crosstown determined that portions of the City's conduit was damaged and would need to be replaced. After several months of ongoing communication with Time Warner, they stipulated that only a Time Warner authorized contractor with Level 3 certification, could perform the conduit replacement and fiber installation work within their conduit duct system. A separate Agreement was initiated with SECC for the work within the Time Warner facilities. To date, Crosstown has been paid $99,360.00 for the work performed, which leaves a balance of $35,280.00 in the original authorization ($23,040 contract + $12,240 contingency). A Second amendment to the Agreement is necessary to complete the remainder of the project, which includes installation of fiber optic cable backbone system, CCTV cameras, and communication equipment on Pechanga Parkway as the cost exceeds the available balance. Crosstown estimated the costto complete the remaining workto $64,430.00. Staff has reviewed the estimate and determined the cost to be reasonable and consistent with unit costs recently received for similar work. FISCAL IMPACT: The CCTV Camera Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway is a CIP project funded with SB 621 funds. With the recommended amendmentthe total authorization underthis amended agreementwill be $170,240, which includes $99,360 in existing expenses, $64,430 to complete the balance of the project and allows for a $6,450 contingency, which is roughly equivalent to 10% of the remaining work, to cover any unforeseen additional expenses necessary to complete the work. Adequate funds are available in Account No. 210-165-635-5804 for this request. ATTACHMENTS: 1. Project Location and Description 2. Agreement for Construction Services 3. Letter Proposal with Unit Prices O h U O N U W F z 0 z 0 a .a S F U U z 0 5d w U~ U AW ~ P. O~ U ti a+ y u u ~o s. W c~~w to o 0 00 0 00 00 00 V] N N O V O V V V b ~ ~ ~ •i0i q N M C) M-i Mi m _ y Cy 0 M V 7 7 O N S.' U O v ? o N O 6 m o o H v~ sa F» ss ~v ~v o U o y N O a' 7 EA 69 DD N N-- O C ' ~ b o m P. b . O 0 U O M W Ej E. N 00 N r W ~ b ~ O P m Fiv v9 l z 73 w O a b v N z ~ F a E" p m eev a O p ' p i 4+ _ O Vy O V3 69 I U 91 A y it V] V LI 0 -2 m -0 U Cr O a U iC to 4 La ti V U~ L7 k ~ O y U `9 O N ~ U ~y .U y y O A O ~ U w d ~ b Vl 41 V U O 'O h , M2 ctl O ID a0 O C> Do W m O N N U O ; td O O O O O O O O N V M N O ~o 'Ir 7 OO M M M N w N F tir pp 59 69 69 69 69 69 U Q U y H d m y I U nn T .a ~ O O O O O ~ b O O y M M M M O q O O U R.y 01 G1 C, Q` O\ C~ W O L~ A U p q W ~ UP U A° a Aa a s w 6 " N V V e CL c O w L 0 O C ca F" d £ W o %a w" ' d d 0 R a d d 'a y L w L N a o z a S C4 a w 6 C 0 o - 0 W L d A F 0 ~ F LL M SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC. CLOSED CIRCUIT TELEVISION INSTALLATION ON SR79S & PECHANGA PARKWAY PROJECT NO. PW07-07 THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Crosstown Electrical & Data, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On May 22, 2007, the City and Consultant entered into that certain Agreement entitled "Agreement for Construction Services CCTV Camera Installation Route 79 South & Pechanga Parkway", in the amount of $122,400.00. On June 24, 2008, the contract term was extended to June 30, 2009. C. The parties now desire to increase payment for additional services in the amount of Thirty Five Thousand Six Hundred Dollars and No Cents ($35,600.00) and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "COST OF WORK" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Thirty Five Thousand Six Hundred Dollars and No Cents ($35,600.00) for additional Construction Services CCTV Camera Installation Route 79 South & Pechanga Parkway for a total Agreement amount of One Hundred Fifty Eight Thousand Dollars and No Cents ($158,000.00). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula CROSSTOWN ELECTRICAL & DATA, INC. (Two Signatures if required by corporate papers) By: By: Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: David P. Heermance, President David P. Heermance, CEO By: Peter M. Thorson, City Attorney CONTRACTOR By: Crosstown Electrical & Data, Inc. David P. Heermance, President 5463 Diaz Street, Irwindale, CA 91706 6261813-6693 6261813-6604 FSM Initials: Date: 3 ATTACHMENT A Payment Rates and Schedule Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 Ge ~ trical [Data, Inc. Quote 9236 July 23, 2009 Mr. Art Pina City of Temecula 43200 Business Park Dr Temecula, California 92589 Dear Mr. Pina: Crosstown Electrical & Data Inc. is pleased to present a quotation for your project on Pechanga Parkway from Temecula Parkway to Deer Hollow. Statement of work: 1. Perform on-reel testing of 12 and 24SMFO cables. 2. Furnish and install 24SMFO trunk cable from Temecula Parkway to Deer Hollow on Pechanga Parkway. 3. Furnish and install 12SMFO drop cables from splice vault to controller cabinet at Pechanga Parkway and Deer Hollow, Wolf Valley Road, and Loma Linda Road. 4. Furnish and install splice enclosures and splice 12SMFO drop cables to 24SMFO trunk cable at Pechanga Parkway and Deer Hollow, Wolf Valley Road, and Loma Linda Road. 5. Furnish and install fiber optic patch panel and terminate 12SMFO drop cables in traffic signal cabinets at Pechanga Parkway and Deer Hollow, Wolf Valley Road, and Loma Linda Road. 6. Furnish and install fiber optic patch panel and terminate 24SMFO trunk cable in the traffic signal cabinet at Temecula Parkway and Pechanga Parkway. 7. Perform testing and provide test documentation. 8. Furnish and install Pelco Dome Cameras (SD4C22PGE1) at the intersections of Pechanga Parkway at Loma Linda, Wolf Valley and Deer Hollow. 9. Furnish and install CCTV cables from camera to transceivers in cabinets. 10. Furnish and install IFS VT1930WDM at each CCTV location cabinet (3). 11. Furnish and install IFS VR1930WDM-R3 in existing IFS R3 Chassis at video hub. The price to provide the services listed above is: $64,430.00 Item No. Item Unit Qt Unit Price Ext Amt 1 Perform on-reel testing of fiber optic cable EA 2 $390.00 $780.00 2 Furnish and install 24 strand Single mode fiber LF 16,000 $1.89 $30,240.00 3 Furnish and install 12 strand Single mode fiber LF 450 $1.70 $765.00 4 Furnish and install splice closure and splice drop cables EA 3 $990.00 $2,970.00 5 Furnish and install patch panels at drop cable locations and terminate fiber EA 3 $1,200.00 $3,600.00 Contractors License Number C10-756309 5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604 Ctrical Data, Inc. Quote 9236 6 Furnish and install patch panel and terminate 24SMFO at Temecula Pkwy and Pechanga Pkwy EA 1 $1,850.00 $1,850.00 7 Perform testing and provide test documentation LS 1 $1,560.00 $1,560.00 8 Furnish and install Pelco SD4C22PGE1 CCTV EA 3 $4,560.00 $13,680.00 9 Furnish and install IFS VT1930WDM EA 3 $1,160.00 $3,480.00 10 Furnish and install IFS VR-1930WDM-R3 EA 3 $1,160.00 $3,480.00 11 Furnish and install CCTV composite Cable LF 450 $4.50 $2,025.00 Total $64,430.00 Exclusions: Cost of conduit, pull boxes, traffic signal cabinets or controllers, traffic signal work or civil work. Please feel free to call me if you have any questions. Sincerely, DOV11Dwrde v Donald J. Durden Senior Systems Engineer Contractors License Number C10-756309 5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604 ITEM NO. 12 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: August 25, 2009 SUBJECT: Minor Construction Agreement to Install Fiber Optic Cable Associated with the Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway, Project No. PW07-07 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic Daniel A. York, City Engineer RECOMMENDATION: That the City Council: 1. Approve a Minor Construction Agreement with SECC Corporation for an amount not- to-exceed Fifty-Six Thousand One Hundred and Ninety Five Dollars ($56,195.00). 2. Authorize the City Manager to approve change orders not-to-exceed the 10% contingency amount of Five Thousand Six Hundred Twenty Dollars ($5,620.00). BACKGROUND: In April 2009, the City Manager approved an agreement for construction services with SECC in the amount of $5,900.00 to "proof" the location and condition of City owned conduit installed within a Time Warner conduit duct bank. SECC was selected to perform the "proofing" work because they are the original providerthat installed the facilities for Time Warner and more importantly, the only provider authorized to work in Time Warner facilities. The results of the proofing pin-pointed a small segment of conduit that was crushed sometime after installation and must be replaced. Because SECC is the only contactor authorized by Time Warner to work in their facilities, Staff requested a cost proposal from them to provide the labor, equipment and material to intercept existing City owned conduit within Time Warner conduit duct facilities, make the necessary repairs and then install fiber optic cable in the City's conduit located on Ynez Road between Rancho California Road and La Paz Road. When completed the proposed fiber installation will provide a backbone system for CCTV camera installation on Pechanga Parkway and Temecula Parkway, and allow staff to monitor traffic conditions and traffic signal operations on both corridors. The cost to perform the work is a not-to-exceed amount of $56,195.00. Staff has reviewed the quote provided by SECC and determined the unit costs to be reasonable and consistent with unit costs for similar work provided by other contractors. FISCAL IMPACT: The scope of work covered by this agreement is included in the FY2010-2014 Capital Improvement Program Project identified as Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway, Project No. PW07-07 and is funded with SB 621 funds. Adequate funds are available in the project account, No. 210-165-635-5804 for this $61,815.00 request, which includes the agreement amount of $56,195.00 and a 10% contingency amount of $5,620.00. ATTACHMENTS: 1. Project Location and Description 2. Minor Construction Agreement 3. Letter Proposal with Unit Prices AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN CITY OF TEMECULA AND SECC CORPORATION FOR CONSTRUCTION SERVICES TO INSTALL FIBER OPTIC CABLE THIS AGREEMENT is made and effective as of August 25, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and SECC Corporation, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on August 25, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond December 31, 2010. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Six Thousand One Hundred Ninety Five Dollars and No Cents ($56,195.00). b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 3 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverane. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. PERFORMANCE AND LABOR MATERIAL BONDS Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the Agreement, and a Labor and Materials Bond in the amount of the Agreement from a surety acceptable to the City. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 6 21. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 22. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: City of Temecula Attn: City Manager P.O. Box 9033 Temecula. California 92589-9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula. California 92590 To Contractor: SECC Corporation Jeff L. Patrick, Superintendent 183 Business Center Drive Corona, CA 91720 24. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 25. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 27. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 28. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk SECC CORPORATION (Two Signatures if required by corporate papers) By: By: Mike Aranda, President Jeff L. Patrick, Superintendent APPROVED AS TO FORM: By: SECC Corporation Jeff L. Patrick, Superintendent 183 Business Center Drive, Corona, CA 91720 (951) 734-3110 (951) 734-4878 Jeff@secc-corp.com FSM Initials: Date: Peter M. Thorson, City Attorney CONTRACTOR 9 EXHIBIT "A" SCOPE OF WORK PAYMENT RATES AND SCHEDULE 10 EXHIBIT "B" PERFORMANCE BOND AND LABOR & MATERIALS BOND: attached 11 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT BOND NO. LABOR AND MATERIALS BOND FOR PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to CONTRACTOR'S NAME AND ADDRESS Hereinafter called "Contractor," a contract for the work described as follows: PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY, hereinafter called "Contract," and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS QF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of DOLLARS and CENTS lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work 12 or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 2009. (Seal) SURETY By: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL By: (Name) (Title) By: (Name) (Title) Attach Notarial Achnowledeement or Jurat for both the Surety and Principal Signatures 13 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT BOND NO. PERFORMANCE BOND FOR PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a contract dated , 2009, hereinafter called "Contract," with: NAME AND ADDRESS OF CONTRACTOR hereinafter called "Principal," for the work described as follows: PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY; and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME OF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS and CENTS lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein 14 stipulated, then this obligation shall become null and void; otherwise it shall be and remain infull force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 2009. (Seal) SURETY By: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL By: (Name) (Title) By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signature 15 O h U O N U W F z 0 z 0 a .a S F U U z 0 5d w U~ U AW ~ P. O~ U ti a+ y u u ~o s. W c~~w to o 0 00 0 00 00 00 V] N N O V O V V V b ~ ~ ~ •i0i q N M C) M-i Mi m _ y Cy 0 M V 7 7 O N S.' U O v ? o N O 6 m o o H v~ sa F» ss ~v ~v o U o y N O a' 7 EA 69 DD N N-- O C ' ~ b o m P. b . O 0 U O M W Ej E. N 00 N r W ~ b ~ O P m Fiv v9 l z 73 w O a b v N z ~ F a E" p m eev a O p ' p i 4+ _ O Vy O V3 69 I U 91 A y it V] V LI 0 -2 m -0 U Cr O a U iC to 4 La ti V U~ L7 k ~ O y U `9 O N ~ U ~y .U y y O A O ~ U w d ~ b Vl 41 V U O 'O h , M2 ctl O ID a0 O C> Do W m O N N U O ; td O O O O O O O O N V M N O ~o 'Ir 7 OO M M M N w N F tir pp 59 69 69 69 69 69 U Q U y H d m y I U nn T .a ~ O O O O O ~ b O O y M M M M O q O O U R.y 01 G1 C, Q` O\ C~ W O L~ A U p q W ~ UP U A° a Aa a s w 6 " N V V e CL c O w L 0 O C ca F" d £ W o %a w" ' d d 0 R a d d 'a y L w L N a o z a S C4 a w 6 C 0 o - 0 W L d A F 0 ~ F LL M y $ h 0 ~ y> d CABLE/COMMUNICATIONS LICENSE NO. 71000 City of Temecula Public Works Department 43200 Business Park Drive Temecula CA 92589 Attn: Richard Uribe, July 15, 2009 Project Quote Add boxes Temecula, CA Richard, SECC Corporation is pleased to submit the following quote to provide labor, equipment and material to intercept existing city of Temecula conduit, perform trenching and install one 2'x3' pullbox to reduce the installation distance between existing city handholes, perform conduit installation to tie in conduit to existing traffic control boxes, provide and install 24 count single mode fiber optic cable for the unit pricing listed below. 1. Break out and install 2x3 1 ea. $7,360.00 ea. $7,360.00 ext Proposed 500' s/o Terra Vista Rd. 2. Rancho California and Ynez Bore and install 1.25" HDPE 240 Ift $62.00 Ift. $14,880.00 3. La Paz and Hwy 79 Intercept and tie conduit to existing pullbox 1 ea. $3,940.00 $3,940.00 4. Jet and Pull 24 count SM FOC 13,050 Ift. $2.30 ft. $30,015.00 ext Total Quote $56,195.00 • Quote assumes standard working hours • Quote excludes permits and or related fees. • Quote reflects Prevailing Wage Rates • Quote assumes a one foot grind and overlay on affected asphalt only. • Quote assumes existing structure depth not to exceed five feet • Quote assumes existing conduit free of defects or damages If you have any questions or if I can be of further assistance please feel free to contact me at (951) 734- 3110 Sincerely, Jeff L. Patrick co temecula add boxes-trench 06-26-09 rev 07-15-09 183 BUSINESS CENTER DR. /CORONA, CALIFORNIA 91720 /Tel. (951) 734-3110. FAX (951) 734-4878 ITEM NO. 13 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: August 25, 2009 SUBJECT: Second Amendment to the Agreement with GFB Friedrich, Inc. for De Portola Road Pavement Rehabilitation - Project No. PW06-10 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the City Council approve the Second Amendment to the Agreementwith GFB Friedrich, Inc. in an amount notto exceed $8,950.00 foradditional engineering design services necessary to modify the design for De Portola Road Pavement Rehabilitation - Project No. PW06-10, and extend the term of the Agreement through June 30, 2010. BACKGROUND: On November 14, 2006 the City Council approved an agreement with GFB Friedrich, Inc. in an amount not to exceed $146,100.00, to prepare the Plans, Specifications, and Estimate (PS&E) for the De Portola Road Pavement Rehabilitation - Project No. PW06-10. On August 20, 2008, the First Amendment, extending the terms of the contract to June 30, 2009, was approved. During construction, Staff and the Contractor discovered that a newly constructed drainage structure on De Portola Road would not properly drain. An investigation revealed that an existing downstream catch basin was undersized and would not function properly in conjunction with the new drainage structure at De Portola Road and the drainage channel which directed flows into this existing catch basin. The Second Amendment covers additional professional services needed to prepare design plans for the modification of the existing catch basin downstream of the new drainage structure. FISCAL IMPACT: The De Portola Pavement Rehabilitation Project is included in the Capital Improvement Program and is funded with Measure A and Federal STP funds. Adequate funds are available in Account No. 210-165-656-5805 to cover the cost of this $8,950 amendment. Upon approval of this amendment, the total Agreement amount will be $155,050.00. ATTACHMENTS: 1. Second Amendment 2. Project Location 3. Project Description SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND GFB FRIEDRICH, INC. DE PORTOLA PAVEMENT REHABILITATION PROJECT NO. PW06-10 THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and GFB Friedrich, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On November 14, 2006, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Engineering Design Services", in the amount of $146,100.00. b. On August 20, 2008 (First Amendment) the Agreement was amended extending the terms through June 30, 2009 for continued engineering design services. C. The parties now desire to increase the payment for services in the amount of Eight Thousand Nine Hundred Fifty Dollars and No Cents ($8,950.00) for additional engineering design services necessary to modify the Plans to incorporate additional drainage features, as well as extend the term of the agreement to June 30, 2010 and amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Eight Thousand Nine Hundred Fifty Dollars and No Cents ($8,950.00) for additional engineering design services necessary to complete the Plans, Specifications, and Estimate for a total Agreement amount of One Hundred Fifty Five Thousand Fifty Dollars and No Cents ($155,050.00). 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula GFB Friedrich, Inc. (Two Signatures if required by corporate papers) By: By: Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: John A. Friedrich, President By: Peter M. Thorson, City Attorney CONTRACTOR GFB Friedrich, Inc John A. Friedrich, President 6529 Riverside Ave., Suite #230 Riverside, CA 92506 (951) 781-0811 (phone) (951) 781-8435 (fax) FSM Initials: Date: 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. GF&FRIEDRICH & ASSOC., INC. CONSULTING CIVIL ENGINEERS July 10, 2009 Mr. Jon Salazar, P.E. Associate Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: Professional Engineering Services Proposal for the Re-design and Renovation of the Drainage Structure Located Approximately 400 feet South of the Intersection of De Portola Road and Villa Del Sur. ( Ref. Project No PW06-10) Dear Mr. Salazar GFB-Friedrich & Assoc., Inc. (GFBF) is pleased to submit the following proposal, at the request of City of Temecula staff, to provide professional engineering services for the re-design of the subject drainage structure renovation project. In preparing this, proposal, we are assuming that this project is an amendment to the existing Professional Services Agreement between the City of emecula and GFBF for the design of the De Portola Road R:.habilitation Project; subject to all terms and conditions thereof. Any planning or environmental approvals will be processed by the City of Temecula or will be provided by others. It's GFBF's understanding that a project such as the repair/renovation of this drainage structure does riot require a CEQA. evaluation, and therefor, no environmental analysis of any kind is included in this proposal. In addition, there will be no utility research and no specification writing within this proposal. Existing Conditions A downstream drainage structure exists about 400 feet south of the intersection of De Portola Road and Villa Del Sur. An earthen channel carries storm drainage from said intersection south to the drainage structure. The concrete apron lip of the existing drainage structure appears to be 0.82 feet above the outlet invert of the 30-inch diameter drainage pipe at De Portola Road. Said apron lip is also 2.43 feet above the invert of the earth channe! immediatel} below the apron lip. Thus the apron lip need; to be lowered 2.43 feet to facilitate proper flow and to eliminate ponding. This may or may not be possible. Additional surveying of the earth channel (including any existing berms) and the drainage structure will be performetii to determine whether the existing concrete apron can be modified to accept channel drainage, or whether another means of creating a flow from the earth channel to the 51-inch diameter storm drain outlet from the existing drainage structure needs to be determined. 6529 RIVERSIDE AVENUE • SUITE 230 • RIVERSIDE, CALIFORNIA 92506 (951) 781-0811 • FAX: (951) 781-8435 E-MAIL: gfb-jaf0sbcg1oba1.net Mr. Jon Salazar, P.E. July 10, 2009 Page 2 Scope of Work 1. Obtain from the City of Temecula available as-built plans for the existing drainage structure, and utility plans. Also obtain Assessor Parcel Maps of properties fronting the project from the Riverside County Assessor's Office. Note that as-built plans for the existing drainage structure have already been obtained from the City. 2. Provide field surveying of the project as follows: ■ Include all surveying from De Portola Road to the drainage structure on the same elevation datum, ■ Shoot channel cross-sections at 100-foot intervals, including any channel side berms, to assist in determining the earth channel capacity, including free board near the drainage structure, and the slope of the channel approaching the structure. 3. Provide initial site review to verify existing improvements, utility locations and potential impacts to the project. Prepare `'sketches" and rough cost estimates for as many as three alternative designs for making the existing drainage structure serviceable. Note that although a CEQA document will not be prepared, the contractor must prepare and utilize various storm water BMP's/erosion control during construction. GFBF recognizes that lowering the existing apron to match the elevation of the earth channel is the City's preferred alternative. If the survey indicates that the preferred alternative will work, then that's the design to be provided. 5. Attend project meeting at the Temecula City Hall which will be attended by GFB-Friedrich and staff from the City. At this meeting, the proposed alternative designs will be reviewed and discussed; with the preferred alternative being approved for design. 6. Prepare drainage structure renovation plan (40-scale horizontal, 4-scale vertical) for the subject structure in AutoCAD 2005 compatible format utilizing the same City of Temecula title blocks as were used for the De Portola Road Rehabilitation Project. The plan sheet will include, in plan view, all known information including centerline data and monuments, adjacent property lines, existing improvements, and existing utility locations. A detail sheet may be necessary for reconstruction details. 7. Prepare estimate of probable construction costs for the drainage structure renovation. 8. Because of the small size of the project and the time constraints involved, the first submittal, comprised of the plan and the estimate of probable construction costs, should be considered to be about a 95% submittal to be plan checked by the City. GFB-Friedrich will make indicated corrections and return a 100% plan submittal for final check. 9. Submit original plan to the City for final approval and City's reproduction of bid packages. Final approved plan (100%) shall be submitted on wet signed and stamped 24"x36" mylars. Electronic copies of the project design files shall also be submitted to the City. Under this proposal, items of work not included in the Scope of Work are specifically excluded from this proposal. Mr. Jon Salazar, P.E. July 10, 2009 Page 3 Project Fee The time and materials not-to-exceed fee is summarized as follows: Preliminary Design Analysis Meeting with City Design Plans, Specs & Estimate Design Surveying (Dixon Surveying) Reimbursable Outside Costs $ 1,350.00 600.00 4,795.00 1,955.00 250.00 $ 8,950.00 GFB-Friedrich will submit invoices to the City monthly on a time and materials not-to-exceed basis for work performed during the previous month (Two invoices maximum barring unforeseen delays). Reimbursable outside costs such as blueprinting, reproduction, printing, binding, agency fees, etc. will be billed additionally at our vendors' costs. Invoicing will be based on the hourly rates set forth in the Schedule of Hourly Rates urtilized in the De Portola Road Rehabilitation Project Professional Services Agreement. Additional work outside of the Scope of Work will be invoiced on a time and materials basis per Exhibit "A" or as negotiated with individual sub-consultants. Such additional work shall not commence without prior authorization from the City. Closure This proposal is based on information supplied by the City of Temecula. We have the staff time available to begin work immediately and we look forward to completing this project. If you have any questions regarding this proposal, please call us. Sincerely, GFB-FRIEDRICH & ASSOC., INC. /John . Friedrich, P.E. President JAF PROJECT LOCATION Project Title: PAVEMENT REHABILITATION - DE PORTOLA ROAD 00 D,q A~ P~ FgRp `GCFR Q\GpQ- o,~ L Quo r 9 m o ego p~P~'SM\S~R m A A~ o ° Rp A y o~ Q ~ RPNGHO PpEB~pR GV YNEZ RD .~EME C) Amy ~R R,OTEMEG N A N Z N 60 PROJECT DESCRIPTION Project Title: PAVEMENT REHABILITATION- DE PORTOLA ROAD PRIORITY: 1 Project Type: Circulation Description: Project will rehabilitate De Portola Road between Jedediah Smith Road and Margarita Road. Approximately 6,400 lineal feet of roadway, or 256,400 square feet of pavement. Department: Public Works-Account No. 210.165.656 Scope of Project: Project will include the environmental processing (federal clearance required), design and rehabilitation. Benefit: Project will improve the quality and extend the service life of De Portola Road. Project Cost: Actuals Total Project to Date 2009-10 2010-11 2011-12 2012-13 2013-14 Cost Administration $ 77,886 $ 120,160 $ 198,046 Construction $ 1,509,300 $ 1,509,300 Construction Engineering $ 33,204 $ 33,204 Design $ 144,054 $ 144,054 Totals $ 221,940 $ 1,662,664 $ 7$ $ $ 1,884,604 Source of Funds: Measure A $ 221,940 $ 1,203,674 $ 1,425,614 STP $ 458,990 $ 458,990 Total Funding: $ 221,940 $ 1,662,664 $ $ $ $ $ 1,884,604 Future O & M Cost: $ 1,000 Annually 61 ITEM NO. 14 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: August 25, 2009 SUBJECT: Award a Construction Contract to High-Light Electric, Inc. for Traffic Signal Interconnect Equipment Installation; Project No. PW 04-05 PREPARED BY: Mayra De La Torre, Senior Engineer- CIP Chris White, Assistant Engineer - CIP RECOMMENDATION: That the City Council: Award a construction contract for Traffic Signal Interconnect Equipment Installation, Project No. PW 04-05, to High-Light Electric, Inc. in the amount of $211,878.00, which includes the base bid of $175,878 and Additive Bid No. 1 in the amount of $36,000. 2. Authorize the City Manger to approve change orders not to exceed the contingency amount of $21,187.80, which is equal to 10% of the contract amount. 3. Make a finding that the Traffic Signal Interconnect Equipment Installation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Project includes installing traffic signal interconnect equipment on Margarita Road from Rancho California Road to Pio Pico Road including furnishing and installing twenty four Single Mode Fiber Optic (SMFO) cable, conduit, pull boxes and communication equipment necessary to interconnect 5 signalized intersections. This equipment installation will complete the interconnect system and provide the capability to monitorthe traffic signal operation on Margarita Road from Winchester Road to Pio Pico Road. On April 28, 2009 the City Council approved the Plans and Specifications for the Project and authorized the Department of Public Works to solicit construction bids. The Plans and Specifications included 3 additive bids. On Thursday July 30, 2009, thirteen (13) bids were received and publicly read aloud. Based on the base bids, the results were as follows: 1. High-Light Electric, Inc. $ 175,878.00 2. Christopher R. Morales, Inc. $ 176,150.00 3. Terno, Inc. $ 176,742.00 4. Pro Tech Engineering, Corp. $ 193,550.00 5. Steiny and Company, Inc. $ 200,955.00 6. Moore Electric Contracting, Inc. $ 217,946.00 7. PTM General Engineering Services, Inc. $ 232,657.00 8. UST Development, Inc. $ 243,205.00 9. DBX, Inc. $ 261,821.00 10. Western Lightwave, Inc. $ 280,711.16 11. Select Electric, Inc. $ 315,625.00 12. HMS Construction, Inc. $ 351,560.00 13. Mastec North American, Inc. $ 892,799.00 Staff has reviewed the bids and found High-Light Electric, Inc. to be the lowest responsible bidder. High-Light Electric, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Regarding the 3 additive bids, staff has determined the need to proceed with Additive Bid No. 1, which includes installing traffic signal interconnect equipment on Margarita Road from Pio Pico Road to Temecula Parkway, including furnishing and installing twentyfour SMFO cable and camera equipment necessaryto interconnect 3 additional signalized intersections. High-Light Electric, Inc.'s bid amount for Additive Bid No. 1 is $36,000.00. The specifications allow for a construction duration of thirty (30) working days. The Engineer's estimate was $320,000.00. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Traffic Signal Interconnect Equipment Installation Project consists of the installation of traffic signal interconnect equipment within existing intersections; therefore, there is no new disturbed area subject to the 5% MSHCP fees. Thus the project is exempt. FISCAL IMPACT: The Traffic Signal Interconnect Equipment Installation, Project No. PW 04-05 is identified in the City's Capital Improvement Program, Fiscal Year 2009-2010 and is funded through Development I mpact Fees -Traffic Signal. Adequate funds are available in Account No. 210- 165-712-5804 for this $233,065.80 request, which includes the contract amount of $211,878.00 plus a 10% contingency of $21,187.80. ATTACHMENTS: Contract Project Description Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-05 TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION THIS CONTRACT, made and entered into the 25th day of August, 2009 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and High-Light Electric, Inc., hereinafter referred to as "CONTRACTOR." WITN ESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED ELEVEN THOUSAND EIGHT HUNDRED SEVENTY-EIGHT DOLLARS and NO CENTS ($211,878.00), the total amount of the base bid plus Additive Bid No. 1. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR High-Light Electric, Inc. 7000 Jurupa Avenue Riverside, Ca. 92504 (951) 352-9646 By: Erwin Mendoza Print or type NAME President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney C) C) 0 ° ° o 0 o y ~ o 0 0 0 0 0 0 } iy o vi o" vi vi o" vi f ~ i. y N O M r ' \ M d L O ~ H CL °y GA 69 69 69 69 69 V) .d y U 1 i V > p W O 'y N .C 69 69 U y en y N O O > ~ N 0 y 0 0 0 O O O a w o Cl 0 0 0 14 0 Cl 0 b o ~ ~ Cl 0 0 F i° ~ M v v v z p ~ N o- i • . p 69 69 6s bs 69 69 W ~ . O ~ N 0 U p O 10 O ~o b V y C O ol O obi ~ 'I N O O aj H O 7 7 V ~ M M M F U C. ~ O M y y r7 ~ ~ j . J N C • U Q v G ; 6s 69 69 69 es 69 ~ ' z ¢ r N It o • U C ~ p ~ ~ R O O O O ° w V 3 3 p R U ~ ~ aUi CL N ~ a i F U a°. a' v a 6s 6s 64 GS vj W N : ° L V - c o = d o o L6 a c oD d ° w m . C's v o d w ~ m a a d h L g w L L d d V d L Vl Y 0 Y d d G O N m IL Q U Q N) Q ~ F IL C ti U 7 O b C w v Y 0 ° a V U N O a m z 0 a .a F z F z w w w a w F U W z z 0 U W F z z c~ U w F F w o ` a a ZQ ITEM NO. 15 ORDINANCE NO. 09-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC STREETS, SIDEWALKS AND PARKS, ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 12.12, Parades and Special Events on Public Property, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 12.12 PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY 12.12.010 Peoples' Right to Engage in Expressive Activities on Streets, Sidewalks, and Parks 12.12.020 Definitions. 12.12.030 Special Event Permit Required; Authority of City Manager to Close Streets and Permit Alcohol Sales and Use 12.12.040 Exceptions to the Special Event Permit Requirement. 12.12.050 Special Event Permit--Application. 12.12.060 Approval, Conditional Approval, Denial or Revocation by City Manager. 12.12.070 Indemnification and Insurance. 12.12.080 Departmental services charge. 12.12.090 Refunds. 12.12.100 Interfering with activity prohibited. 12.12.110 Penalty for violation. 12.12.120 Appeals. 12.12.130 Rules and regulations. 12.12.140 Unlawful to use City name without authorization. R:/Ords 2009/Ords 09-06 12.12.010 Peoples' Right to Engage in Expressive Activities on Streets, Sidewalks and Parks A. People may gather on sidewalks and parks for the purpose of expression, dissemination, or communication of opinion, views, or ideas by any means, including, but not limited to, public oratory and the distribution of literature protected by the First Amendment to the United States Constitution ("Expressive Activities"), on any day and at any time without a permit and without being subject to any City fees or charges. People gathering for such purposes shall comply with all laws and ordinances, including traffic and pedestrian laws and ordinances, and shall be subject to prior use reservations of the parks. (1) The following parks provide good facilities for persons to gather for Expressive Activities: (1) Temecula Duck Pond Park; (2) Ronald Reagan Sports Park picnic shelter area; (3) Margarita Community Park and (4) Town Square at Mercedes St. and Main Street in Old Town Temecula (upon completion). (2) These are not the only parks available for Expressive Activities but they do provide adequate space and parking for such activities. B. Expressive Activities on a street shall require a Special Events permit under this Chapter. Such events could create safety hazards for participants and disrupt traffic and activities in the areas surrounding the event. The Special Events Permit process under this Chapter will enable the City Manager and the event organizer to mitigate these potential concerns. People who want to hold Special Events involving Expressive Activities on a street, however, shall not be required to: (1) Pay an application fee otherwise required by Sections 12.12.050D and related fees; (2) Provide insurance and indemnification for the Special Event otherwise required by Section 12.12.070; or (3) Pay Departmental Charges for the City's costs of accommodating the Special Event otherwise required by Section 12.12.080. 12.12.020 Definitions As used in this Chapter, the following words shall have then meanings set forth in this Section unless the context clearly requires a different meaning. A. "Block party" means a Special Event in which one or more blocks in a single family residential neighborhood are closed for the purpose of a special event for the persons residing in that neighborhood B. "City Manager" means the City Manager of the City of Temecula and his/her designee. C. "Departmental services charges" means the actual costs that a department of the City incurs in connection with activities for which a Special Event Permit is required R:/Ords 2009/Ords 09-06 2 under this Chapter; including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials, and supplies, and related City costs such as administrative overhead, employee benefits or employee overtime. D. "Expressive Activity" means conduct, of which the sole or principal object is the expression, dissemination, or communication of opinion, views, or ideas by any means; including, but not limited to, public oratory and the distribution of literature protected by the First Amendment to the United States Constitution . E. "Event Organizer" means any person who conducts, manages, promotes, organizes, or solicits attendance for a Special Event. F. "Park" means any City park or recreational facility except for the City Skate Park. Park does not include: Temecula Library, Temecula Old Town Community Theater; Children's Museum; Historical Museum; Community Recreation Center building, Community Center building on Pujol Street or designated park maintenance areas. G. "Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or manager, lessee, agent, servant, officer or employee or any of these. H. "Sidewalk" means that portion of a street or highway, other than the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation. "Special Event" means: 1. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any sidewalk, or other public right-of-way owned or controlled by the City, State of California or County of Riverside, other than a street, consisting of seventy five (75) or more persons; or 2. Any organized formation, procession or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, including Expressive Activities, on any street; or 3. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any organized assemblage of seventy five (75) or more persons at any public place, property or facility that gathers for a common purpose under the direction or control of a person; or 4. Except as otherwise provided in Section 12.12.010 for Expressive Activities, any other organized activity involving seventy five (75) or more persons conducted by a person for a common or collective use, purpose or benefit which activity involves the use of public property or facilities and R:/Ords 2009/Ords 09-06 3 which may require the provision of City public services for street blockage, erecting barriers, construction, traffic control, crowd control. 5. Examples of Special Events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way, other than Expressive Activities. J. "Special Event Permit" means a permit issued pursuant to this Chapter K. "Spontaneous Event" means any Special Event involving Expressive Activity that is occasioned by news or affairs coming into public knowledge within five (5) days of Special Event and is conducted in a public street. L. "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel, including highways or alleys, owned or controlled by the City, State of California, or County of Riverside. 12.12.030 Special Event Permit Required; Authority of City Manager to Close Streets and Permit Alcohol Sales and Use A. Special Event Permit Required. Except as otherwise provided in Section 12.12.010 for Expressive Activities, no person shall conduct, cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a Special Event without first having obtained a written Special Event Permit issued by the City Manager pursuant to the procedures established in this Chapter. B. Authority of City Manager to Approve Sale and/or Use Alcoholic Beverages. The City Manager may approve and permit the sale or use of alcoholic beverages in public areas in connection with a Special Event Permit, even where such sale or use is otherwise prohibited by this Code, provided that such sale or use shall, at all times, comply with all other applicable provisions of law and the terms of the Special Event Permit. C. Authority of City Manager to Close Streets. Pursuant to Vehicle Code Section 21101(e) and other applicable law, the City Council hereby designates the City Manager as the city employee with authority to temporarily close a portion of any street for celebrations, parades, Special Events, and other purposes when, in the opinion of the City Manager, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. This authority exists whether or not the closure is in connection with a permit issued under this Chapter. D. City Not Obligated to Provide Support for Special Event. Issuance of a Special Events Permit pursuant to this Chapter does not obligate or require the City to provide City services, equipment, or personnel in support of an event. The City Manager may nevertheless provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the City for the cost thereof. R:/Ords 2009/Ords 09-06 E. Traffic Control Plan Required. A Traffic Control Plan shall be required if the Applicant proposes to close or partially close any traffic lanes within a street. The Traffic Control Plan shall be submitted by the Applicant and approved by the City Traffic Engineer in accordance with the Public Works Department's Guidelines for Preparation of Traffic Control Plans. 12.12.040 Exceptions to the Special Event Permit req uirement. A. The following activities are exempt from the Special Event Permit requirement 1. Expressive Activities described in Section 12.12.010 A. 2. Funeral processions by a licensed mortuary or funeral home; 3. Activities conducted by a governmental agency acting within the scope of its authority; 4. Filming activities governed by the other provisions of the Temecula Municipal Code; 5. Spontaneous Events subject to the provisions of subsection B. 6. Events in rooms rented to the public in City facilities. B. Spontaneous Events 1. Spontaneous Events held on a sidewalk or park do not require any permits (Section 12.12.010). 2. If a Spontaneous Event is to be held on a street or City facility other than a sidewalk or park, the organizers thereof shall give written notice to the City Manager at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information: a. The name, address, and telephone number of the event organizer, who shall be considered a permittee for the purposes of this section; b. The name, address, and telephone number of the headquarters of the event organizer and, if an organization is an event organizer, the responsible head of such organization; C. The name, address, and telephone number of the person who will chair the Spontaneous Event and who will be responsible for its conduct; d. The location and date of the proposed Spontaneous Event, including the assembly area, disbanding area, and route to be traveled; R:/Ords 2009/Ords 09-06 5 e. An estimate of the approximate number of persons who will be participating in the Spontaneous Event and an estimate of the approximate number of persons who will be observing the parade or assembly; f. The time at which the Spontaneous Event will start and conclude; and g. The type of security or other arrangements that will be provided to assure that participants are properly directed. 3. The City Manager may impose reasonable time, place, and manner restrictions on Spontaneous Events in a street as provided in Section 12.12.060 whether or not said activities are governed by the permit requirements set forth in this Chapter. 4. The City Manager may deny permission to conduct a Spontaneous Event if the City Manager makes a finding requiring denial pursuant to section 12.12.060. a. Such finding by the City Manager shall be made no later than six (6) hours before the scheduled start time for the event. If the City Manager denies permission for a Spontaneous Event, the City Manager shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the event organizer, and shall also provide written notice of the denial including the reason for the denial. If the event organizer provides a fax number for the purpose of receiving notices, the City Manager shall provide written notice of the denial by fax immediately upon making the denial decision. b. In lieu of denial, the City Manager may propose to the event organizer an alternative time, route, venue, or manner of conducting the activity that would be acceptable to the City and that would obviate any finding made pursuant to section 12.12.070. 12.12.050 Special Event Permit--Application. A. Filing of Application. The application for a Special Event Permit under this Chapter shall be filed with the City Manager. B. Time for Filing Application. Applications shall be filed not less than sixty (60) calendar days, nor more than one (1) year before the time it is proposed to conduct the Special Event; except for the following: 1. Applications for Block Parties shall be filed at least ten (10) working days prior to the event. 2. Applications for Special Events involving Expressive Activities in a street shall be filed no earlier than one year before the event and no later R:/Ords 2009/Ords 09-06 6 than ten (10) working days before any event to take place on a street or public facility other than a sidewalk or park. C. Waiver of Appeal. If an applicant for an event involving an expressive activity or block party desires to ensure the opportunity for an appeal to the City Council in accordance with subsection 12.12.140.A, the application shall be filed with the City Manager not less than thirty (30) calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application at least thirty (30) days prior to the proposed activity shall be deemed to be a waiver of an appeal to the City council and in that event the decision of the City Manager shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the City Manager's decision to grant or deny the application. D. Application Fee. Except as otherwise provided by this Chapter or other applicable law, rule or regulation any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of City streets or other City owned or controlled property pursuant to this Chapter shall be established by the City council by resolution. As provided in Section 12.12.010, an application fee shall not be charged for any expressive activity on a sidewalk or park nor for a Special Event involving expressive activity in a street. E. Expedited Processing. The City Manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant, or deny any application filed later than the time prescribed in this section. F. Authority to Accept Late Application. Except as otherwise provided by this Code, the City Manager shall determine whether or not a Special Event Permit application is complete within ten (10) business days. In the case of an event involving expressive activity, the City Manager shall determine whether or not such application is complete within twenty four (24) hours. Notwithstanding the City Manager's acceptance of a completed application, no Special Event date shall be considered confirmed until a Special Event Permit is issued. G. Information Required in Application. Special Event Permit applications shall be upon a form furnished by or acceptable to the City Manager and shall contain full, complete, and detailed information including, but not limited to, the following: The name, address, and telephone number of the event organizer; 2. Except as provided in Section 12.12.010 for Expressive Activities, a certification that the event organizer shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; 3. The name, address, and telephone number of the event organizer, if any, and the chief officer of the event organizer; R:/Ords 2009/Ords 09-06 4. If the Special Event is to be held by, on behalf of, or for any organization other than the event organizer, the event organizer shall file a written communication from such organization: a. Authorizing the event organizer to apply for the Special Event Permit on its behalf; and b. Certifying that the event organizer and its principal shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; 5. A copy of the tax exemption letter issued for any applicant claiming to be a tax exempt nonprofit organization; 6. A statement of the purpose of the Special Event; 7. A statement of any fees to be charged to participants or spectators in connection with the Special Event; 8. The proposed location of the Special Event including a plot plan depicting the placement of temporary structures or facilities on public property or public rights-of-way; 9. The date and times when the Special Event is to be conducted; 10. The approximate times when assembly for, and disbanding of, the Special Event is to take place; 11. The proposed locations of the assembly or production area; 12. In the case of a parade, marathon, or other similar event, the specific proposed site or route, including a map and written narrative of the route; 13. The proposed location for any disbanding area; 14. Proposed alternate routes, locations, or times, where applicable; 15. The approximate number of persons, animals, or vehicles that will participate in the Special Event; 16. The kinds of animals anticipated to be part of the Special Event; 17. A description of the types of vehicles to be used in the Special Event; 18. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; 19. Other equipment or services necessary to conduct the Special Event with due regard for participant and public health and safety; R:/Ords 2009/Ords 09-06 8 20. The number of persons proposed or required to monitor or facilitate the Special Event and provide spectator or participant control and direction for events using City streets, sidewalks, or facilities; 21. Provisions for first aid or emergency medical services, or both, based upon event risk factors; 22. Except as provided in Section 12.12.010 for Expressive Activities, insurance information; 23. Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity; 24. Any other information reasonably required by the City Manager 12.12.060 Special Events Permit-Approval, Conditional Approval, Denial or Revocation by City Manager. A. Time for Decision. Completed applications for a permit authorizing a Special Event shall be denied, approved, or conditionally approved by the City Manager within thirty (30) days after the City Manager determines that the application is complete. Completed applications for a permit involving "expressive activity" as defined in this Chapter shall be denied, approved, or conditionally approved by the City Manager within five (5) business days after the City Manager determines that the application is complete. In the case of Special Event Permit involving expressive activity on a street, the City Manager shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The City Manager shall consult with the City attorney before denying or conditionally approving a permit involving expressive activity (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this Chapter. B. Conditions of Approval. The City Manager may approve any Special Event Permit with reasonable conditions concerning the time, place, or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions imposed by the City Manager may include, but are not limited to, the following: 1. The establishment of an assembly or disbanding area for a parade or similar event; 2. The accommodation of an event's pedestrian and vehicular traffic, including restricting events to City sidewalks, portions of a City street, or other public right-of-way; R:/Ords 2009/Ords 09-06 3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access; 4. Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 5. The inspection and approval by City personnel of stages, booths, floats, structures, vehicles, or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed, can be safely operated, and conform to the requirements of all applicable codes; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services; 7. The provision and use of traffic cones or barricades; 8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities; 9. The provision of a waste management plan, and the clean up and restoration of the site of the event; 10. Limits on the use of sound amplification equipment or restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. Provision of reasonable notice of permit conditions to event participants and to those businesses or residents who may be directly affected by the conduct of the event; 12. The provision or use of emergency services; 13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity; 14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage, or other goods or services at the event; and 15. The manner by which alcohol sales and service, if any, shall be conducted at the event. 16. Implementation of a Traffic Control Plan approved pursuant to Section 12.12.030E. C. Specific Grounds for Approval. The City Manager shall issue a permit under this Chapter if the City Manager finds that the following criteria have been met: R:/Ords 2009/Ords 09-06 10 1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations; 2. The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation; 3. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location; 4. The event will not conflict with construction or development in the public right of way or at a public facility; 5. The event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City; 6. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets; 7. The event will not unreasonably interfere with any other Special Event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions; 8. The event will not have an unmitigatible adverse impact upon residential or business access and traffic circulation in the same general venue area; 9. The event will not adversely affect the City's ability to reasonably perform municipal functions or furnish City services; 10. The proposed use, event or activity will not have a significant adverse environmental impact; 11. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by individuals representing at least sixty six percent (66%) of the households on the block affected by the permit; 12. That the provisions of sections 12.12.070 and 12.12.080, if applicable, have been or will be satisfied. D. Specific Grounds for Denial. The City Manager may deny any application for a Special Event Permit or revoke any such permit if the City Manager finds any of the following: 1. The permitted event or activity will unreasonably disrupt traffic within the City; or R:/Ords 2009/Ords 09-06 11 2. The permitted event or activity will unreasonably interfere with access to police or fire stations, or other public safety facilities; or 3. The location of the event or activity will cause undue hardship to adjacent businesses or residents; or 4. The permitted event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; or 5. The application contains incomplete, false or misleading information; or 6. The City Manager is unable to make all of the relevant findings pursuant to subsection 12.12.060C; or 7. The applicant fails to comply with all terms of this Chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this Chapter; or 8. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant; or 9. The proposed area for the assembly or for the set up or dispersal of a parade or demonstration could not physically accommodate the number of participants expected to participate in the assembly, parade or demonstration; or 10. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) A.M. or between the hours of four o'clock (4:00) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or 11. The parade, assembly or demonstration will violate any federal, state or local law or regulation; or 12. The applicant is legally incompetent to contract or to sue and be sued; or 13. The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged City property and has not paid in full for such damage, or has other outstanding and unpaid debts to the City; or 14. The proposed event would present an unreasonable danger to the health or safety of the applicant, spectators, City employees, or members of the public; or R:/Ords 2009/Ords 09-06 12 15. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale, offering for sale, or distribution of any goods or services. E. No Consideration of Content. In determining whether to approve, deny, or revoke a Special Event Permit for an event involving expressive activity, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event. F. Referral to City Departments. The City Manager may refer a Special Event Permit application to such appropriate City departments as the City Manager deems necessary from the nature of the application for review, evaluation, investigation, and recommendations by the departments regarding approval or disapproval of the application. G. False or Misleading Statements. The City Manager may deny any application for a permit or revoke any permit if the City Manager determines that the event sponsor or any agent, employee or associate of any such event organizer has willfully made any false or misleading statement in an application or has not fully complied with the requirements of this Chapter or has violated any of the provisions of this Chapter or the provisions of any other applicable law, rule or regulation. H. Notice of Decision. An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in section 12.12.140. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. I. Term of Permit. No Special Event Permit issued under this Chapter shall be for a period of more than two (2) consecutive days except as otherwise provided in this code. Notwithstanding the foregoing, the City Manager shall, upon timely application by a permittee, extend the duration of any Special Event Permit for one additional period of not more than three (3) consecutive days if the City Manager finds that all criteria set forth in subsection 12.12.050.J are being met and will continue to be met during the period of term extension. 12.12.070 Indemnification and Insurance A. Not Applicable to Expressive Activities. The provisions of this Section shall not be applicable to expressive activities as specifically provided in Section 12.12.010. B. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the City, Temecula Community Services District, Redevelopment Agency of the City of Temecula and their officers, employees, volunteers and agents ("Indemnified Parties") free and harmless from and against any and all claims, damages, expenses, R:/Ords 2009/Ords 09-06 13 loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Indemnified Parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit. C. Insurance Required. Except as otherwise provided in this section, concurrent with the issuance of a permit under this Chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the City Manager. If the City Manager determines, after consultation with the City's risk manager and the City attorney, that a particular Special Event does not present a substantial or significant public liability or property damage exposure for the Indemnified Parties, the City Manager shall give a written waiver of some or all insurance requirements of this section. D. Block Parties. The applicant for a Special Event Permit for a block party shall not be required to indemnify the City for potential injuries that may occur at the block party. The applicant for the Special Event Permit for a block party shall, however, be required to provide the insurance required by this Section through his or her own purchase of such a policy or through the payment of a fee for special City-provided insurance. 12.12.080 Departmental services charge A. Not Applicable to Expressive Activities. The provisions of this Section shall not be applicable to expressive activities as specifically provided in Section 12.12.010. B. Applicant to Pay for Departmental Charaes. In addition to the payment of the nonrefundable permit application fee or daily fee, a Special Event permittee shall pay the City for all City departmental services charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if City property is destroyed or damaged by reason of permittee's Special Event, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. D. Time for Final City Invoices. City departments shall submit the final invoices and billings for departmental services charges to the City Manager or no later than twenty (20) business days after the event giving rise to the issuance of a permit. E. City's Co-Sponsorship of a Special Event. The City Council shall decide whether the City will cosponsor a Special Event and, if so, the extent to which the City will participate in the funding of the costs of the event, fees, or department service fees based on the following factors: (1) advertisement and promotion of the City in a positive light; (2) encouragement of visitors and customers to the City or to a portion of the City; (3) recreational, cultural and educational opportunities for persons in the City; and (4) and similar public purposes. If the Council decides to cosponsor a Special Event, it shall enter into a sponsorship agreement with the permittee describing the City's contributions in addition to the Special Event Permit. R:/Ords 2009/Ords 09-06 14 F. Time for Payment of Deposit and City Department Service Charges. Unless otherwise authorized by the City Manager in writing, at least three (3) days prior to a Special Event Permitted under this Chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total estimated City departmental services charges that the City Manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the City Manager. If the deposit is less than the final charges calculated pursuant to section 12.12.100, the permittee shall pay the difference to the City within ten (10) working days of being invoiced for such charges from the City. If the deposit is more than such final charges, the City shall refund the difference to the permittee within the sixty (60) days after the event. 12.12.090 Refunds. If a permittee is unable to hold or conduct a Special Event due to inclement weather or some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the City Manager's office within ten (10) days after the date that the use, event or activity was to have been held or conducted, the City Manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the City at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the City in connection with a permit issued under this Chapter. 12.12.100 Interfering with activity prohibited. It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a Special Event for which a Special Event Permit has been issued. 12.12.110 Penalty for violation Violation of the provisions of this Chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code. 12.12.120 Appeals. A. Except as provided in this Chapter, any person aggrieved by any decision of the City Manager made pursuant to this Chapter may appeal such decision to the City council by filing a written notice of such appeal with the City clerk within ten (10) business days of the decision of the City Manager giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The City council shall, within sixty (60) days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his/her behalf. The City council shall determine the merits of the appeal, and the City council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the City council may refer to the matter to a hearing officer. B. Alternatively to the provisions of subsection 12.12.050.E, any applicant for a Special Event Permit who is engaging in or intends to engage in "expressive activity" as defined in this Chapter and who is aggrieved by decision of the City Manager made R:/Ords 2009/Ords 09-06 15 pursuant to this Chapter may, at his/her election, appeal to the City council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought. 12.12.130 Rules and regulations The City Manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this Chapter and the provisions of law that pertain to the conduct and operation of a Special Event. 12.12.140 Unlawful to use City name without authorization. It is unlawful for any event organizer to use in the title of the event the words "The City of Temecula" or "City of Temecula", or facsimile of the seal or logo of the City of Temecula without City Council's prior written authorization." Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended to read as follows: "A. Purpose and Intent. 1. The provisions of this Chapter shall govern special events and temporary uses on private property. Special events on public property shall be governed by Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events on Public Property. 2. The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Some activities associated with a master temporary use permit for automobile and truck dealerships may exceed one year in duration." Section 3. Procedural Findings The City Council of the City of Temecula does hereby find, determine and declare that: A. This Ordinance was processed and an environmental review was conducted as required by the California Environmental Quality Act and the Temecula Municipal Code. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on March 18, 2009, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 09-06, recommending that the City Council approve the proposed amendments to Titles 12 17 of the City of Temecula Municipal Code. D. On July 28, 2009, the City Council of the City of Temecula held a study session on the Ordinance at which time members of the public had the opportunity to comment on the Ordinance. R:/Ords 2009/Ords 09-06 16 E. On August 11, 2009, the City Council of the City of Temecula held a duly noticed public hearing on the Ordinance at which time all persons interested in the Ordinance had the opportunity to and did address the City Council on Ordinance and the matters set forth therein and following receipt of all public testimony closed the hearing. Section 4. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance (the "Project"): A. Although exempt from the requirements of the California Environmental Quality Act ("CEQA') pursuant to Section 15323 of the State CEQA Guidelines as the regulation of on-going, normal activities on existing City streets and parks, City staff prepared an Initial Study of the potential environmental effects of the approval of the Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 2, 2009 and expired on April 16, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the August 11, 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 5. 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 6. The City Clerk shall certify to the adoption of this ordinance and cause the same to published as required by law. R:/Ords 2009/Ords 09-06 17 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of August, 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. 09-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of August, 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 25th day of August, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2009/Ords 09-06 18 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 1 6 ACTION MINUTES of AUGUST 11, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:16 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington Present: Comerchero, Edwards, Naggar, Washington Absent: Roberts CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR Action Minutes - Approved Staff Recommendation (4-0-1) - Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Roberts was absent. RECOMMENDATION: 11.1 Approve the action minutes of July 28, 2009. Notice of Completion for Murrieta Creek Multi-Purpose Trail - Project No. PW01-27 - Approved Staff Recommendation (4-0-1) - Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Roberts was absent. RECOMMENDATION: 12.1 Accept the Murrieta Creek Multi-Purpose Trail Project - Project No. PWO1 -27, as complete; 12.2 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; 12.3 Release the Labor and Materials Bond seven (7) months after filing the Notice of Completion if no liens have been filed. Margarita Officials Association Agreement - Approved Staff Recommendation (4-0-1) - Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Roberts was absent. RECOMMENDATION: 13.1 Approve an Agreement between the Temecula Community Services District and Margarita Officials Association to provide adult softball league and tournament officiating services in the amount of $40,000. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:18 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 25, 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. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] ITEM NO. 17 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: August 25, 2009 SUBJECT: Approval of the Specifications and Authorization to Solicit Construction Bids for City Hall Parking Lot Improvement. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: Approve the specifications for the Project. 2. Authorize the Community Services Department to solicit constructions bids for the City Hall Parking Lot Improvement. BACKGROUND: In April of 2008, the north-east portion of the City Hall parking lot was re- surfaced due to deterioration. Staff recommends resurfacing the remainder of the City Hall parking lot due to deteriorated conditions. The specifications have been prepared and the project is ready to be advertised to obtain construction bids. The contract documents are available for review in the Community Services Department office. The Construction Estimate for this project is $120,000.00 FISCAL IMPACT: The estimated construction cost to re-surface the parking lot is $120,000.00. An appropriation from TCSD Fund Balance will be required to fund this expenditure. ATTACHMENTS: Location Map Specifications Requirements TEMECULA COMMUNITY SERVICES DISTRICT SPECIFICATIONS FOR CITY HALL PARKING LOT IMPROVEMENTS PROJECTS These bid items are: 1. Remove existing asphalt drive 5" in depth and haul away, approximately 7,500 SF, pave drive with 5" asphalt, adjust three (3) sewer cans and four (4) water cans in main drive to grade 1 2. Remove the damaged asphalt in three (3) areas 4" in depth and haul away, approximately 600 SF, pave the three (3) areas with 4" asphalt. 3. Grind existing asphalt 1" in depth and haul away, approximately 27,000 SF. Clean, apply tack coat and resurface to grinded areas with 1 % " asphalt. 4. Remove and replace damaged concrete curb and gutters, approximately 7 SF 5. Restripe areas affected by paving 6. Clean and apply one coat of slurry seal over entire parking lot and roadway, approximately 80,000 SF and restripe entire parking lot per existing layout 7. Scrape and paint existing red curbs approximately 1,000 LF 8. Saw cut, remove and haul away existing concrete with Truncated Domes, three (3) door entrance approximately 135 SF. Form, pour and finish 6" concrete with Armor Tile Truncated Domes, three areas (3) approximately 135 SF R:VA.NIGOW MEMOSWEMOS 09-10',0ty Hall Parking Lot # 3 072109.doc Requirements from the Contractor include the following: The classification of the Contractor's license required to perform this work is Class C- 12 "Earthwork and Paving Contractor". A City of Temecula Business License is required. The required insurance is as follows: Commercial General Liability, Automobile Liability and Workers Compensation (per occurrence $1,000,000.00) naming the City of Temecula as Additional Insured. All work shall be performed using the latest prevailing wages published by the State Department of Industrial Relations. All work required in this contract shall be performed according to the specific requirements of the C -12 license from the Contractor's State License Board and if applicable, the Standard Specifications for Public Works Construction Green Book and the City of Temecula Public Works Department Standard Drawings for Public Works Construction. The work to be performed within three weekends (3) after the execution of the contract and the Notice to Proceed has been issued. Payment will not be processed without a certified payroll and Contractor's Affidavit and Final Release attached to all invoices. If you have any questions and/or concerns regarding this request, please contact Matt Wiechec at Temecula Community Services Department, at (951) 694-6480 Sincerely Jerzy Kanigowski Facility Services Manager R:VA.NIGOW MEMOSWEMOS 09-10',0ty Hall Parking Lot # 3 072109.doc REDEVELOPMENT AGENCY ITEM NO. 18 ACTION MINUTES of AUGUST 11, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:18 P.M. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts Present: Comerchero, Edwards, Naggar, Washington Absent: Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR Action Minutes - Approved Staff Recommendation (4-0-1) - Agency Member Washington made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected approval of those present. Chair Person Roberts was absent. RECOMMENDATION: 14.1 Approve the action minutes of July 28, 2009. Approve Service Agreement for Old Town Temecula Holiday Lights Project - Approved Staff Recommendation (4-0-1) - Agency Member Washington made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected approval of those present. Chair Person Roberts was absent. RECOMMENDATION: 15.1 Approve the service agreement with Southern California Lighting in the amount of $50,000 for the 2009 Old Town Temecula Holiday Lights Project. This project will be paid by the Temecula Redevelopment Agency. RDA BUSINESS Owner Participation Aareement and Loan Aareement between BRIDGE SC. LLC, a California limited liability company and the Temecula Redevelopment Agency for the development of 90 Affordable Housing Units - Approved Staff Recommendation (4-0-1) - Agency Member Washington made the motion; it was seconded by Agency Member Comerchero; and a roll call vote reflected approval of those present - Chair Person Roberts was absent. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING "AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT" BETWEEN THE AGENCY AND BRIDGE SC LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND THE ACQUISITION OF PROPERTY BY THE AGENCY FROM BRIDGE SC LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION The following speakers spoke in favor of the project: Brad Wiblin, representing Bridge Housing Corporation Doris Godinez Pastor Steve Struikmans Ginger Hitzke Kristian Blanchard Anne Unmacht The following speakers spoke in opposition to the project: Tom Vining Duke Seino Barry J. Marr Carol Monroe RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 9:05 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 25, 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] ITEM NO. 19 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Greg Butler, Director of Public Works DATE: August 25, 2009 SUBJECT: Amendment No. 2 to the Professional Services Agreement with Nichols, Melburg & Rossetto for Additional Services Associated with the Old Town Infrastructure Project - Parking Structure and Office/Retail PW 06-07(1 D) RECOMMENDATION: That the Agency Members approve Amendment No. 2 to the Professional Services Agreement with Nichols, Melburg & Rossetto (NMR) for additional services associated with obtaining LEED Certification of the Old Town Infrastructure Project, Parking Structure and Office/Retail in the amount of $159,388.00 and authorize the Chairperson to execute the amendment. BACKGROUND: On August 26, 2006 the Agency Board approved a professional services agreement with NMR for design of the Parking Structure, Office Retail, Town Square and Mercedes & Main Street improvements. Since that time Amendment 1 was approved administratively to extend the term of the Agreement through June 30, 2010. With the City's commitment to sustainable or "green" development and to highlight the multitude of sustainable components incorporated into the Parking Structure and Civic Center projects ("Project"), a strong interest has been expressed in obtaining certification of this Project through the Leadership in Energy and Environmental Design (LEED) Green Building Rating System developed by the U.S. Green Building Council (USGBC). In order to obtain certification an extensive effort must be undertaken to prove that the design elements and construction methods meet USGBC guidelines as well as payment of USGBC fees. The four levels of certification, lowest to highest, are awarded as: Certified, Silver, Gold and Platinum. A preliminary review resulted in recommending that the City seek certification of both the Civic Center & the Parking Structure as a single project rather than individually. We are confident that silver certification can be obtained with the elements already incorporated and construction methods present in our existing contracts. Some of the more innovative and cost saving sustainable elements and programs incorporated into the Project are the Photovoltaic (solar) System and the use of highly efficient evaporative HVAC systems. The Project also participated in the Southern California Edison (SCE) Savings by Design program. The SCE program provides rebate incentives for the use of high efficiency items (e.g., HVAC systems, energy efficient lighting, etc) and for the use of design elements that will reduce electrical demand (e.g., use natural light and reflective roof surfaces). The City incorporated many of these elements into the Project and we anticipate receiving a rebate from SCE of approximately $190,000. A Photovoltaic (PV) System will be constructed on top of the Parking Structure. The PV System is designed to provide for 90 percent of its electrical demand, the maximum permitted by SCE. The City will be receiving a rebate through the State of California Solar Initiative Program in the amount of $119,000 for incorporating the PV system into the Project. In addition to these onetime rebates, the City will gain the long term benefit of significantly reduced energy costs from these and other improvements incorporated into the Project. Staff requested a comprehensive cost proposal for the necessary professional commissioning services to seek LEED certification of the Project from the Project Architect NMR. The cost of the additional work, including application fees, is $159,388 for the Parking Structure and $236,520 for the Civic Center or $395,908 for the Project. This cost is less than 1 % of the overall construction cost of the Project and is within reasonable industry standards. It is important to point out that the cost of LEED certification is offset by the aforementioned rebates and the long term reduction in energy costs. The certification also highlights and confirms the City's commitment to sustainable development. Although there is an initial added cost over non-commissioned (certified) projects, studies show savings in operations of $4 over the first five years of occupancy as a direct result of every $1 invested in commissioning. The work required to commission/certify the Parking Structure portion of the Project, $159,388, will require an amendment to NMR's Parking Structure design agreement. Although the recommendation before the Agency Members is to increase the design consultant's allowable compensation by $159,388, this additional design cost will be offset by unencumbering this same amount from unspent Parking Structure construction contingency. The construction of Parking Structure is well over 50% complete and 9.1 % of the original 10% construction contingency will still be available after unencumbering the funding for the LEED commissioning/certification. There are sufficient contingency funds within NMR's Civic Center design agreement to address the commissioning/certification costs for the Civic Center portion of the Project. FISCAL IMPACT: NMR's original agreement for design of the Old Town Infrastructure projects, which include the Mercedes & Main Street Improvements, the Town Square and the Parking Structure, totaled $1,836,105, including a 10% contingency. The proposed amendment for additional work will increase the allowable compensation for NMR's agreement by $159,388.00. To fund this additional work it will be necessary to liquidate $159,388 from unspent contingency funds from the Parking Structure construction contract. The Street, Town Square and Parking Structure projects are funded by RDA tax allocation bonds and Development Impact Fees - Police. ATTACHMENTS Location Map Project Description NMR Amendment No. 2 OllbRi 3idoo F f= a A z d W U W W O w a O r~ U a H x a d rZ r~ U W O a a W a F~ a F cc W z y O H A a O F~ v v 0 F, Z cw PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Construction Construction Engineering Design Fixtures/Furn/Equip Totals Source of Funds: OLD TOWN INFRASTRUCTURE PROJECTS - PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: 1 Housing/Redevelopment Project will construct a three story parking structure east of Mercedes Street at Third Street, to accommodate roughly 400 parking spaces, as well as integral office/retail shells fronting Mercedes Street. RDA/Public Works - Account No. 210.165.644 Project will include design and construction of a three story parking structure on Mercedes Street at the foot of Third Street. Project will include approximately 8,500 square feet of office/retail space. Project continues to promote the revitalization of Old Town. Actuals to Date $ 43,604 $ 2,303,556 $ 80,115 $ 1,375,203 2009-10 $ 225,396 $ 14,601,803 $ 242,385 $ 192,938 $ 465,000 Total Project 2010-11 2011-12 2012-13 2013-14 Cost $ 269,000 $ 16,905,359 $ 322,500 $ 1,568,141 $ 465,000 $ 3,802,478 $ 15,727,522 $ - $ - $ - $ - $ 19,530,000 Capital Project Reserves $ 522,919 $ 522,919 DIF (Police Facilities) $ 499,049 $ 499,049 RDA (Bonds) $ 3,279,559 $ 15,228,473 $ 18,508,032 Total Funding: $ 3,802,478 $ 15,727,522 $ - $ - $ - $ - $ 19,530,000 Future O & M Cost: N/A 171 SECOND AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND NICHOLS, MELBURG & ROSSETTO OLD TOWN INFRASTRUCTURE PROJECTS PW06-07 THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and between the Temecula Redevelopment Agency, a municipal corporation (hereinafter referred to as "Agency"), and Nichols, Melburg & Rossetto, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On August 22, 2006, the Agency and Consultant entered into that certain Agreement entitled "Agreement for Professional Consultant Services", in the amount of One Million Six Hundred Sixty Nine Thousand One Hundred Eighty Seven Dollars and No Cents ($1,669,187.00). 30, 2010. b. On July 1, 2008 the agreement was amended extending the term to June C. The parties now desire to change the TERM and PAYMENT and amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than September 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The Agency agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment are null and void. The Second Amendment amount shall not exceed One Hundred Fifty Nine Thousand Three Hundred Eighty Eight Dollars and No Cents $159,388.00 for additional work associated with LEED Certification for a total Agreement Amount of One Million Eight Hundred Twenty Eight Thousand Five Hundred Seventy Five Dollars and No Cents $1,828,575.00. 4. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment A to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Temecula Redevelopment Agency Nichols, Melburg & Rosseto (Two Signatures if required by corporate papers) By: Ron Roberts, Chairperson By: ATTEST: By: Susan W. Jones, MMC, City Clerk By: APPROVED AS TO FORM: Mike Lusso, Principal Les Melburg, Principal By: Peter M. Thorson, City Attorney CONTRACTOR Nichols, Melburg & Rossetto Mike Lusso 300 Knollcrest Drive Redding, CA 96002 (530) 222-3538 lusso@nmrdesign.com FSM Initials: Date: 77771 2 PtTC"Ac H M XE NT A July 31, 2009 Mr. David McBride, Senior Engineer City of Temecula Department of Public Works 43200 Business Park Drive Temecula, CA 92590 RE: Proposal for LEED and Commissioning Consulting Services Temecula Civic Centerfremecula Parking Structure Dear Mr. McBride: On behalf of the Design Team, thank you for the opportunity to provide this proposal. Pursuant to the City's request, and per the discussions during and after our 6/24/09 LEED kickoff meetings, this proposal provides separate consulting fee quotations for the Civic Center and Parking Structure; and is based on the assumption that the two projects will be combined for purposes of LEED scoring and commissioning. At this time, I can report that, as expected, it appears that the combined project will score higher than would either of the two projects individually. As you know, the City's original goal was to achieve LEED Silver Certification for the Civic Center and, if possible, for the Parking Structure as well (with Basic Certification being the fallback position for the latter). It now appears that the combined project could possibly achieve Gold Certification, subject to satisfactory completion of the process. (To clarify, there are no additional Design Team fees associated with the higher level of certification.) Our proposed scope of services is comprehensive, and includes our LEED Consultant(Bulk)ing Commissioning Consultant, WCS/Ca (Jim Ogden); along with NMR, and our Mechanical and Electrical consultants for each of the two projects. Attached to this proposal for your review are the proposals NMR has received from each consultant. As detailed in "Exhibit A' and "Exhibit B" hereto, the total services fees are as follows: Civic Center Parking Structure Total LEED/Commissioning Services Fee (Both Projects) There are several items to clarify: ;236;440- 2 36j 520 154, 388 goo 1. As discussed during the 6/24/09 kickoff meetings, the WCS/Ca proposal ("Exhibit C" hereto) includes line items for completing the Contractor LEED Templates for the Civic Center (Task 1b; $6,600), and for the Parking Structure (Task 4b; $6,600). 2. The WCS/Ca proposal also includes line items for Enhanced Commissioning for the Civic Center (Task 3; $22,600) and for the Parking Structure (Task 6; $11,500). These are optional; however, as you know, they will facilitate LEED credits for Enhanced Commissioning, which will most likely help the City achieve its certification goals. In addition, there typically are significant long-tens O&M savings associated with Enhanced Commissioning. 3. As discussed, our overall fee breakdown for each project (see "Exhibit A" and "Exhibit B" hereto) includes modest contingency allowances, primarily to fecilitate the Design Team's preparation of Architectural Bulletins and related documents which will most likely be necessary in order to capture some of the LEED points we are targeting. 300 Knolicrest Drive NICHOLS a MELBURG & ROSSETTO Redding, CA 96002 (530) 222-3300 www.nmrdosign.com Fax (530) 222-3538 A Tr><<Gti M~tJT Pc 4. NMR's portion of the fees correlates to work we will need to do for some of the specific LEED points being pursued (including, as we've discussed, some "reconstruction of events" related to the design and construction documents phases), along with more intensive review of Sustalnability Submittals, with the requisite back-and-forth; as well as our overall coordination and administration of this process. However, to clarify, in an effort to control costs this proposal includes no "10% markup" of our sub-consultants' fees, although this would be allowed by our current Phase I and Phase II contracts with the City. 5. As we've discussed, the Design Team resources necessary to complete this process will be slightly greater than typical, due to the process being initiated at the City's direction during the Construction Phase. However, given the combined "as bid" value of the two projects (t $47.3 million), we believe our proposed fees (approximately 0.008%) are well within industry standards. 6. Consistent with industry standards, this proposal Includes the following provision relative to professional standard of care and anticipated results, similar to that noted in WCS/Ca's attached proposal: " The LEED system includes an ongoing process of refinement. NMR makes no warranty, either expressed or implied, nor guarantees as to its findings, recommendations, or professional advice; except that NMR will conduct this project on a 'best efforts' basis, pursuant to generally accepted standards of professional practice in effect at the time of performance. While we maintain that our consultant team is knowledgeable In the LEED rating system and process, we cannot guarantee the quality of documentation we will receive from others, or that the LEED review committee will agree with our interpretation of certain credit points." 7. As agreed, if the City accepts this proposal, these additional services will be incorporated via Extra Work Authorization (EWA) into NMR's existing Agreements for ArchitecturaVEngineering Services for Phase I (relafive to the Parking Structure) and for Phase II (relative to the Civic Center). 8. Services for each project will be billed monthly, based on percentage of completion. Applicable reimbursable expenses will be billed in accordance with the existing Agreements. As always, we'd be happy to adjust our scope of services and fees, if necessary to better meet the City's needs. Again, thank you for the opportunity to be of continued service. Should you have any questions or rego further information, please don't hesitate to contact me. Michael Lusso Principal Architect NMR Architects Attachments: - "Exhibit A": LEED/Commissioning Services Fee for Civic Center. - "Exhibit B': LEED/Commissioning Services Fee for Parking Structure. - "Exhibit C": WCS/Ca Proposal (dated May 26, 2009), with M. Lusso annotations. - "Exhiblt D": Costa Engineers, Inc., Proposal (dated July 7, 2009). - "Exhibit E": Konsortuml Proposal (dated May 29, 2009). - "Exhibit F": Zeiger Engineers, Inc. Proposal (dated June 25, 2009). 300 Knollcrest Drive NICHOLS " MELBURG & ROSSETTO Redding, CA 96002 (530) 222-3300 www.nmrdesign.com Fix (530) 222-3538 AT1 A6Ai MF-QT A d m 0 d O CL 0 D_ 0 w W _v. c -~S n 4 N W O (A n n A 3 r - m TI m N 7 N c 0 00 m D N c 3 ~0e Y1 m m' W n i z n d ~ { p W 169 fA J : W D) - OO N a0 fD N V O O O O O O O v y r 'n O 70 m m n O ~z my z m~ 7;o `cc~ - = ~ ;z 0 IM =i NnM -i mg Sa 1tOmo (A z 2 m O 7o n O a i (yA O z Z Oa m n m w {rT-,hG.H M V !JT A m m 0 C CL 0 D_ H x c X S g 0 r "f `M~ MMW rnW W W 0 W w a T W AL 3 m c~ M C D n s W N 7 0 0 m m 7 12 _D m m m m m to 7 n Z n n a N fA J 169 J N fA N " 4 4 O O O O O O O O O O T O O O mm m 0 0 O 0 Z 5z ~r'~ n±0OW N Z W i oa H CZ 0 O Cn m O a N m 0 N ATC^4t Mies, \ Pr !/C X<4 (3 (T-C u May 26, 2009 Mr. Mike Lusso NM&R Architects 300 Knoll crest Drive Redding, CA 96002 Re: Revised Proposal for LEED and Commissioning Consulting Services Temecula Civic Center Complex Dear Mike: Please find our proposal for LEED Consulting and Building Commissioning services for the new Temecula Civic Center development. From our preliminary review of the two LEED projects, WCS/Ca believes the Parking Facility is designed to LEED Certified level and the Civic Center is WC S I Ca designed to LEED Silver level. Every opportunity will be explored to raise both of these projects to the next higher certification level. No additional fee is required for increasing the LEED certification levels. Green Building and Commissioning Specialists Civic Center Task 1- LEED Consultancy Newport Beach WCS/Ca will collaborate with the Project Team to support development of complete LEED Citrus Heights submittals for the building by providing the following tasks: www,wcsco.com iouden@wcsca.com Construction Phase • General Project and Construction Document Review P: 866.975.7070 C' 916 208 3937 • LEED Kick-Off Meeting • LEED Management and Administration • Monthly LEED Progress Meetings and LEED Score Sheet Updates • Provide General LEED assistance • LEED Letter Templates review and quality assurance Close-Out/Record • Assist in responding to USGBC Audit Questions • Assist with 2 LEED Credit Interpretation Rulings (CIR) • Final Close-Out Meetings 1a. Total LEED Consultancy Fee: $58,450.00 1b. Additional Cost to Complete Contractor LEED Templates $6,600.00 Civic Center Task 2 • Fundamental Cx, LEED Prerea EADt WCS/Ca will provide all the required commissioning documentation and coordination to meet the LEED requirements. • Review Plans, Specs and Basis of Design (Program) • Cx Kick-Off Meeting • Coordination meetings • Develop & Implement Cx Plan • Verify MEP Equipment Installation • Verify MEP Equipment Performance • Complete Cx Report aTC-~~M~N-~- a ExHr'3(7- C f''. 2 o F 'f 2. Total Fundamental Cx Fee: $91,930.00 Civic Center Task 3 • Enhanced Cx. LEED Credit EA3 WCS/Ca will provide all the required commissioning documentation and coordination to meet the LEED requirements. • Cx Design Review • Review Contractor Submittals • Write Cx Systems Manual • Verify Training of operating personnel • Perform 10-month review of systems 3. Total Enhanced Cx Fee $22,600.00 Parking Facility Task 4 - LEED Consultancy WCS/Ca will collaborate with the Project Team to support development of complete LEED submittals for the building by providing the following tasks: Construction Phase • General Project and Construction Document Review • LEED Management and Administration • Monthly LEED Progress Meetings and LEED Score Sheet Updates • Provide General LEED assistance • LEED Letter Templates review and quality assurance Close-OutfRecord • Assist in responding to USGBC Audit Questions • Assist with 2 LEED Credit Interpretation Rulings (CIR) • Final Close-Out Meetings 4a. Total LEED Consultancy Fee: $45,850.00 4b. Additional Cost to Complete Contractor LEED Templates $ 6,600.00 Parking Facility Task 5 • Fundamental Commissioning, LEED Prereg EAD1 WCS/Ca will provide all the required commissioning (Cx) documentation and coordination to meet the LEED requirements for the HVAC, lighting and photovoltaic (PV) systems. • Review Plans, Specs and Basis of Design (Program) • Coordination meetings • Develop & Implement Cx Plan • Verify MEP Equipment Installation • Verify MEP, Lighting and PV Equipment Performance • Complete Cx Report 5. Total Fundamental Cx Fee. $52,000.00 Page 2 of 4 Pal f'RGt~ NAV UT fz 11 EXK (13(t C t'• 3 cF Parkin Facility Task 6 • Enhanced Cx. LEED Credit EA3 WCS/Ca will provide all the required commissioning documentation and coordination to meet the LEED requirements. • Cx Design Review • Review Contractor Submittals • Write Cx Systems Manual • Verily Training of operating personnel • Perform 10-month review of systems 6. Total Enhanced Cx Fee Fee Proposal Summary Civic Center Task to - LEED Consulting Task tb -Contractor Templates Task 2 - Fundamental Commissioning Task 4a - LEED Consulting Task 4b - Contractor Templates Task 5 - Fundamental Commissioning Task fi - Enhanced rnmmiscinninn y A/1 Task Discount All Task Total Ciq-NNOrA-77o1u5 a ~9 ~t • C.GS$o $11,500.00 $58,450.00 $ 6,600.00 `1F NP I SQo $45,850.00 61280 $ 6,600.00 $52,000.00 173 78O ' Mt <$10,530.00> 43 ;2115,000.00/ Z Task Assumptions 1201 1) LEED project registration and certification fees are not included and would be considered reimbursable costs. These fees are as follows: Proiect Registration Certification 2(9 4 Civic Center $450.00 $6,280.00 Civic Center Parking Facility $450.00 $3,388.00 2) The Project Team will be responsive to WCS/Ca requests for information. 3) Monthly LEED progress meetings will normally be conducted by telephone conference call. 4) If Tasks 1 b and 4b are not accepted, LEED Letter Templates will be signed by others. 5) Relevant project documents will be provided to WCS/Ca in PDF, editable electronic format, and or hard copy at the discretion of WCS/Ca to best facilitate information management and electronic commenting and transmission to provide the best service to the project. 6) WCS/Ca will be provided with hard copy plans and specifications. 7) The LEED system includes an ongoing process of refinement. WCS/Ca makes no warranty, either expressed or implied, or guarantees as to its findings, recommendations or professional advice except that WCS/Ca will conduct this project on a 'best efforts' basis pursuit to generally accepted standards of practice in effect at the time of performance. While we maintain that we are knowledgeable in the LEED rating system and process, we cannot Page 3 of 4 A- T'pvc- mz-- 13 7 E xKi~3rr G guarantee the quality of documentation we will receive or that the LEED review committee will agree with our interpretation of certain credit points. 8) WCS/Ca can not be responsible for interpretations and requirements which occur after our scope of work is substantially complete. 9) To achieve the Enhanced Commissioning Credlt, WCSICa will be provided project review konstructability comments from design reviews during the development of the construction documents. Feel free to call 9 you have any questions. I look forward to working with you and the Project Team. Sincerely, Jim Ogden, LEED AP Vice President, WCS/Ca, Inc. Page 4 of 4 A17-A,- t1MY tJ Pc N C-KH (B tr a) „ / of 2 N COSTA ENGINEMS INC. 3274 Villa Lane, Napa, CA 94558 phone: (707) 252-9177 fax: (707) 252.6473 web: www.costaengineers.com Agreement for Professional Services To: Nichols Melburg & Rossetto 300 Knollerest Drive Redding, CA 96002 Phone: (530) 222-3300 Attn.: Mike Lusso Date: July 7, 2009 Project Name: Temecula Civic Center LEED Certification Project Location: Temecula, California Project Description: Construction of new a new civic center, including city hall, city council chambers, and community center. Scope of Services: Assist Architect and LEED Consultant / Commissioning Agent with obtaining LEED Certificatirnt (Silver) for the project. Cr oR o Revisions to the scope of d e project as defined above and field revisions to our design are not buluded in the fee. All requests for additiorud or extra work or services must be in writing and additional fees will be negotiated. Special Conditions: None Nine thousand, two hundred forty dollars ($9,240), plus reimbursable expenses. Offered By: COSTA ENGINEERS, INC. Accepted By: NICHOLS MELBURG & ROSSETTO Signature Date To .X Costa. PE / President CA License No. M16682 Signature Date Name & Title -1- A1TPdGt1 M til Pr f eXHrslr -b P. 2 -asF 2 ESTIMATED CONSULTANT DOCUMENTATION SOFT COSTS FOR LEED SCHOOLS WO-060-0 CREDIT 0011 1511fig TOPIC DOCUMENTATION TIME DESIGN / RESEARCH (hours) N ~ as a i" COMMENTS "YES CREDITS" "MAYW CREDITS WE 3.1 Water Use Reduction: 20% Reduction 4 WE 3.2 Water Use Reduction: 30% Reduction 2 WE 3.2 Water Use Reduction: 40% Reduction WE 4.0 Process Water Use Reduction EA pr 1 Fundamental Commissioning of the Building Energy Systems This number should be Included In the Cx fee. EA pr 2 Minimum Energy Performance 2 EA pr 3 Fundamental Refrigerant Management 2 EA 1.0 Optimize Energy Performance 4 EA 3.0 Enhanced Commissioning This number should be Included In the Cx fee. EA 4.0 Enhanced Refrigerant Management EA 5.0 Measurement & Verification Cx EQ pr1 Minimum IAQPerforrnance 6 EQ 2.0 Increased Ventilation 4 ED 3.1 Construction IAQ Management Plan: During Construction Coordinate with Contractor Cx EQ 3.2 Construction IAQ Management Plan: Before Occupancy Coordinate with Contractor Cx ED 5.0 Indoor Chemical & Pollutant Source Control ED 7.1 Thermal Comfort: Design 6 EQ 7.2 Other Thermal Comfort: Verification Additional Info 2 Meetings LEED Related Meetings 24 Subtotal (hours) 56 TOTAL $165 $9,240 ft1~~'C1 M~1J 1 Pc' ~~EKK~~tT E C May 29, 2009 Mr. Mike Lusso Nichols Melburg and Rossetto 300 Knollcrest Drive Redding, CA 96002 Re: Temecula Civic Center- LEED Support Services Electrical Engineering Proposal Dear Mike, Thank you for requesting this proposal to furnish engineering consulting services for the project referenced above. This proposal is in accordance with the information received to date. Please refer to the attached Exhibit A for the proposed compensation pertaining to this project. Please refer to the attached Exhibit B for the proposed engineering / consulting scope of services pertaining to this project. We are looking forward to working with you on this project. Please contact me if you have any questions and / or comments regarding this proposal. Sincerely, KONSORTUM] Jerry Leonhardt Project Manager /j I HAPmposa1\200%0905045 dm Attachments Exhibit "A" - Compensation Exhibit "B" - Engineering Scope of Work KON~ORTUI~/I~ 1 ~ (7141 66a-4200 • (7141 66a-4218 fax - 1332 E Werner Avenue • Sane Ana. Ca 52703 ww.v,konearcumt,cort, ATA-C-"Mre-~-Yi P~ E>c"l a it E , 2 °f 1 ter` - Temecula Civic Center -LEED Support Services Electrical Engineering Proposal - Exhibit A May 29, 2009 Page 1 EXHIBIT A COMPENSATION A. Compensation for the scope of services in accordance with the attached Exhibit B Scope of Services, shall be based upon the following fixed fee(s): LEED Support Services: Eight Thousand Five Hundred Dollars (118,500.00) B. If additional services are required, the following hourly rates shall apply: Principal $170.00 Associate 135.00 Engineer 125.00 Project Manager 115.00 Designer 95.00 Cad Drafting 75.00 Clerical 60.00 C. Reimbursable expenses are in addition to compensation and include the expense of reproductions, plotting, express mailing, delivery charges, travel charges, and plan check fees. Biliing for allowed reimbursable expenses will be as follows: At cost plus 10%. D. Total liability for this project shall be limited to the following amount, and shall not include any claims based upon the Owners loss of revenue. One Million Dollars ($1,000,000.00). E. This proposal is valid for a period of sixty (60) days. ----END-- Pc`tC'P~=ttM~ ?J ~ A 340 FLL Temecula Civic Center-LIKED Support Services Electrical Engineering Proposal - Exhibit B May 29, 2009 Page 1 A. B. EXHIBIT B ENGINEERING SCOPE OF SERVICES General Proiect Description: 4 5: Prepare support documentation for LEED score card credits related to electrical design based on the following categories: Credits Included SS Credit8 EA Credit Prereq 1 EA Credit 1 EA Credit 2 EA Credit 6 iEQ Credit 6.1 1DC Credit L'7 Credits Excluded EA Credit Prereq 1 EA Credit 3 EA Credit 5 IEQ Credit 8.1 Provide photometric study and lumen calculations based upon the current lighting design. Provide documentation for reduced mercury content in lamps. Fundamental Commisioning Enhanced Commisioning Measurement and Verification Daylight and Views Additional Services Not Included in the Scope of Work: 1. All backgrounds, and requested architectural details, are to be provided by the Architect in CAD ".dwg" format. 2. Submittal of any documents to governmental agencies. 3. Detailed cost estimates - although we will assist the project's cost estimator. 4. Value engineering services when the electrical costs are within budget. 5. Services resulting from significant changes in the scope of the project's features. The building department submittal documents are considered final design documents. Design changes after submittal to the building department are not included in this proposal. Minor revisions as required due to the normal evolution of the project are included. 6. Preparation or submittal of detailed photometric reports unless specifically required by the local governmental agencies. AT`'A<-ii MIRQ 1 Temecula Civic Center -LEED Support Services Electrical Engineering Proposal - Exhibit B May 29, 2009 Page 2 Dimensions and elevations for electrical devices. This proposal assumes that all critical dimensions of electrical devices will be documented on the architectural drawings. 8. Extensive revised lighting design and engineering to comply with SS Credit 8. "s"END«r swr Exrf~a~T F " ZEIGER ENGINEERS, INC. 478 3RD STREET, OAKLAND, CALIFORNIA 94607 TEL: 1510) 452-9391 FAX: (510) 452-0661 www.zeigarenginears.com June 25, 2009 Hannah Moyer Watry Design, Inc. Pacific Shores Center 1700 Seaport Blvd. Suite 210 Redwood City, California 94063 RE: Photometric Analysis for LEEDS, Parking Structure, Temecula Civic Center, CA Dear Hannah, Zeiger Engineers, Inc. proposes to furnish the necessary electrical engineering services in connection with the referenced project for a total fee in the amount of $1,000.00 (one thousand dollars and no cents), plus normal reimbursable expenses. Compensation shall be on an hourly basis per our current rate schedule. The scope of work shall include the following: • Prepare photometric plans indicating the spill light beyond the property line and toward the interstate highway, the from the roof lighting and for the building lights along the rear driveway, and for the south parking lot. No work is required for spill lighting along Mercedes Street. • Coordination with Watry Design, and NMR Architects, who will prepare the LEEDS documentation. Please call me should you have any questions or require additional information. Sincerely, ZEIGER ENGINEERS, INC. Ronald D. Zeiger, PE President Parking Structure - Tennecu)a Civic Center/page ( of ITEM NO. 20 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: August 25, 2009 SUBJECT: Annual Agreements for Consulting Services with Keyser Marston Associates, Inc. for Real Estate Economic Services and Affordable Housing Consulting Services for Fiscal Year 2009-2010 Prepared By: Luke Watson, Management Analyst RECOMMENDATION: That the Agency Members: Approve an agreement with Keyser Marston Associates, Inc. in the amount of $65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2009-2010 and authorize the Redevelopment Chairperson to execute the agreement. 2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year 2009-2010 and authorize the Redevelopment Chairperson to execute the agreement. BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, affordable housing and other revitalization initiatives. Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects for nearly ten years. The attached one-year agreement is to provide as-needed services for projects through Fiscal Year 2009-2010. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as-needed basis: 1. Market Support and Valuation 2. Fiscal and Economic Impact 3. Financial Analysis 4. Identification of Financing Sources 5. Transaction of Structuring/Negotiations Preparation of Reuse Analyses and Summary Reports Public Hearings and Presentations KMA will provide all services, as requested, on a time-and materials basis subject to the attached standard hourly billing rate schedule. FISCAL IMPACT: The funds of $65,000 for real estate economic consulting services have been budgeted for in account number: 280-199-999-5250 (Other Outside Services) in the Redevelopment Agency's 2009-2010 Redevelopment Operating budget. The funds of $60,000 for affordable housing consulting services have been budgeted for in account number: 165-199-999- 5250 (Other Outside Services) in the Redevelopment Agency's 2009-2010 20% Housing Set-Aside Operating budget ATTACHMENTS: Real Estate Economic Consulting Services Contract for Fiscal Year 2009-10 Affordable Housing Consulting Services Contract for Fiscal Year 2009-10 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND KEYSER MARSTON ASSOCIATES, INC. ANNUAL AGREEMENT FOR 2009-20010 FOR REAL ESTATE ECONOMIC SERVICES THIS AGREEMENT is made and effective as of August 25, 2009 between the City of Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 25, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Five Thousand Dollars and 001100 ($65,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement with the exception of computer models developed by Consultant shall become the sole property of the Agency and may be used, reused or otherwise disposed of bythe Agencywithout the permission of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency, City, and/or District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the Agency, City, and/or District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the Agency. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency Manager. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insured maintained bythe Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services underthis Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily provide declarations, letters of support, testimonyat depositions, response to interrogatories orother information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right byAgency to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: The City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the Agency. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Board and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula Redevelopment Agency. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined bythe Court's judgment, shall be entitled to reasonable attorneyfees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor herebywarrants and represents to the Agencythat no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPMENT AGENCY Ron Roberts, RDA Chairperson Attest: Susan W. Jones, MMC, Agency Secretary/ City Clerk Approved As to Form: Peter M. Thorson, Agency Counsel CONSULTANT Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (699) 718-9508) Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A PAYMENT RATES AND SCHEDULE TASKS TO BE PERFORMED CADocuments and Settings\Luke.Watson\Local Settings\Temporary Internet Files\OLK2C\Consultant Prof Srvcs 200809real estate. doc 1'o,LL_9;0 > KEYSER PSG` ! )"SOCIA.TES ADVISORS IN rUBIAC::/PRIVATE REAL ESTATE t EVrL(.WMENr MEMORANDUM To: Luke Watson, Management Analyst Temecula Redevelopment Agency REAL ESTATE= )uDrymorm-1' From: KEYSER MARSTON ASSOCIATES, INC. Mrofilwa Hmrstm, GC'a:7NC~lbtlf: C7FP(LDf kt$NT Date: July 31, 2009 A. 0 mY R.EYsm, Timol'HYC. KELLY Subject: Proposal for Real Estate Economic Consulting Services for 2009-2010 KATE EARLE rUNK Dmit Zvi. KERK, KobrRT I• WETmoRE REED T.- KAN'A HA RA Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its KAI'MI64EN H. HEAT) JAWS A. RAn,r redevelopment objectives. As we understand it, the Agency is pursuing a f",W(C'.A"""""" comprehensive range of redevelopment initiatives, including commercial, institutional, GREi°A MY c). SCE 1 Ht 1,., KfttNE.ENosn,,om and other revitalization endeavors. KMA is very interested in assisting the Agency, and yE7"E L"R"TEF DENISE propose to provide the following economic consulting services on an as-needed basis: DENISE I41~ICrriSTAfr #fMt4t1 • Market Support and Valuation - KMA will assist the Agency with market demand ::~rrxAU'~ ni. Tktwror PAUL C, MARRA analyses; identification of appropriate development programs; and projection of absorption potential and achievable r ents and prices. KMA will also work with community stakeholders and planning and desi gn professionals to evaluate the development potential - both commercial and residential - for specific districts or neighborhoods. Fiscal and Economic Impact - KMA will prepare assessments of fiscal and economic benefits for proposed developments, including in-fill residential and commercial uses. These assessments consider the potential impacts of a development proposal on the surrounding community; the level of property tax and sales tax generation; and potential benefits in terms of jobs/housing balance. Financial Analysis - KMA will assist the Agency in reviewing the financial feasibility of proposed developments. This task will serve the Agency in several ways: comparison of competing proposals; identification of supportable land value, or, alternatively, need for "gap" financing; and assessment of the overall feasibility of alternative development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. 1660HOTEL CIRCLENORTH,SUITE 716Y SAN DIEGO.CALIFORNIA92148* I'HONE:6197189500> FAx:6197189508 09114ndh W W W.KMER.MARSTON.COM 19545.022 To: Luke Watson, Management Analyst Subject: Proposal for Real Estate Economic Consulting Services July 31, 2009 Page 2 Transaction Structuring/Negotiations - One of KMA's key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developers and property owners. We will assist the Agency in negotiating the terms of land sales and public financial assistance. Preparation of Reuse Analyses and Summary Reports - KMA will assist the Agency with the preparation of Reuse Analyses and Summary Reports. Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that the Agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re-use value of the property subject to the covenants and conditi ons imposed by the Agency, and the Agency's costs under the proposed development agreement. • Public Hearings and Presentations - KMA will participate as needed in public meetings when redevelopment transactions are considered. We will provide all services, as requested, on a time-and-materials basis subject to the attached standard hourly billing rate schedule. attachment 09114ndh 19545.022 EXHIBIT B PAYMENT RATES AND SCHEDULE CADocuments and Settings\Luke.Watson\Local Settings\Temporary Internet Files\OLK2C\Consultant Prof Srvcs 200809realestate.doc KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 2009/2010 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS $280.00 SENIOR PRINCIPALS' $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not i ncluded in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 09114ndh 19545.022 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1110/2o 8 PRODUCER (415) 957-0600 FAX: (415) 957-0577 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE $ Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License No 0589960 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . 44 Montgomery St., 17th Fl. San Francisco CA 94104 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford Casualty Ins. Co 29424 Keyser Marston Associates, Inc. INSURER B: Republic Indemnity 22179 55 Pacific Avenue Mall INSURERc:National Union Fire Ins. 02351 San Francisco CA 94111 INSURER D: INSURER E: OVE AGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AT H Y V BEE 4 REDUCED BY PAID CLAIMS. INSR INADDT SRD TYPE OF INSURANCE POLICY NUMBER PDATEYMMIDD/YYYE POLICY MMIDDIY YN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 000 50 X COMMERCIAL GENERAL LIABILITY urrencel $ , A CLAIMS MADE Fx-]OCCUR 57UUNUP0340 11/11/2008 11/11/2009 MEDEXP An one person) $ 5,000 $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEITL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP G $ 1,000,000 X POLICY JPERCOT- F-1 LO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ' A ALL OWNED AUTOS 57UUNUP0340 11/11/2008 11/11/2009 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ + X NON OWNEDAUTOS - (Per accident) - X Ded Comp $1000 PROPERTY DAMAGE $ X Ded Coll' 1000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ R AUTO ONLY: AG $ EXCESSIUMBRELLA LIABILITY FArH OCCURRENCE $ . 4, 000, 000 X OCCUR FICLAIMS MADE AG RE ATE $ 4,000,000 A DEDUCTIBLE 57RHUUN9941 11/11/2008 11/11/2009 $ X RETENTION 0 $ B COMPENSATION AND WORKERS X WC SLI U-, E - DRY . EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,000,000 $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? 03954613 11/11/2008 11/11/2009 E.LDISEASE - EAEMPLOYEE $ 1,000,000 If yes, describe under DISEASE - POLICY LIMIT E L $ 1,000,00 SPECIAL PROVISIONS below . . C OTHER Professional 945557975 11/11/2008 11/11/2009 $1,000,000 Limit Each Act Liability-Claims Retro Date 10/05/1976 $2,000,000 Limit Aggregate Made $100,000 Retention Each Act DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Temecula Redevelopment Agency, thd.City of Temecula, its officers, officials, employees and volunteers are included as Additional Insureds as respect to General Liability. Per the attached endorsement. CG2010 10/01 Re Project: Affordable Housing Services Contract Temecula Redevelopment Agency Attn: Kathy Seyers 43200 Business Park Drive Temecula, CA 92590 ACORD 25 (2001/08) INS025 pioapu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Loretta Pearson/LPE a ACORD CORPORATION 1988 Page 1 of 2 CG 20 10 10 01 Policy Number: 67UUNUP0340 Effective Date: 11/11/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Temecula Redevelopment Agency, the City of Temecula, its officers, officials, employees, and volunteers It is understood and agreed that this insurance is primary and any other insurance maintained by the Additional Insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. Section II - Who is An Insured is amended to include as an insured, the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, . including materials, parts or equipment furnished in corinection with such work, on the project (other than service, maintenance or repairs) to be performed by or behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 10 01 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND KEYSER MARSTON ASSOCIATES, INC. ANNUAL AGREEMENT FOR 2009-20010 FOR AFFORDABLE HOUSING SERVICES THIS AGREEMENT is made and effective as of August 25, 2009 between the City of Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 25, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Five Thousand Dollars and 001100 ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement with the exception of computer models developed by Consultant shall become the sole property of the Agency and may be used, reused or otherwise disposed of bythe Agencywithout the permission of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency, City, and/or District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the Agency, City, and/or District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the Agency. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency Manager. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insured maintained bythe Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services underthis Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily provide declarations, letters of support, testimonyat depositions, response to interrogatories orother information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right byAgency to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: The City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the Agency. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Board and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula Redevelopment Agency. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined bythe Court's judgment, shall be entitled to reasonable attorneyfees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor herebywarrants and represents to the Agencythat no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPMENT AGENCY Ron Roberts, RDA Chairperson Attest: Susan W. Jones, MMC, Agency Secretary/ City Clerk Approved As to Form: Peter M. Thorson, Agency Counsel CONSULTANT Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (699) 718-9508) Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A PAYMENT RATES AND SCHEDULE TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: Document? Gam! KEYSE MARSTON ASSOCIATES- ADVISORS IN PUBLIC/PRIVATE REAL. USTATE DEVELOPMENT MEMORANDUM "fl, F,' 1II To: Luke Watson, Management Analyst REAL LSTAH Rll)F N I Il)hh1TY1° Temecula Redevelopment Agency AFFOft I'10I I Fl ctlSl Nf,',i Ect1N0M k: Df F t t OPME NT From: KEYSER MARSTON ASSOCIATES, INC. A. JERRY KEYSM Ttm01NYC. KELLY Date: July 31, 2009 KAEC EAKIA FUNK DErat Iii. KERN RMERT I:. WETMORE Subject: Proposal for Affordable Housing Consulting Services for 2009-2010 REEDT. KAWAMARA KAFNL.EEN It. HFAD IAMV,A. RAae Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for consulting PAM C.ANOMSON services to assist the Temecula Redevelopment Agency (Agency) with its affordable GREGORY 11. SOO-F!OO KEVIN E. ENcSYROM housing objectives. As we understand it, the Agency is pursuing a comprehensive range lotmL.R«m!`Y of affordable housing initiatives, including both rental and for-sale housing. KMA is very (NN{SE l41E::kER~1 AFF interested in assisting the,Agency, and propose to provide the following consulting 61AAL0 M moa services on an as-needed basis: PAUL. C. MARRA • Market Support and Valuation - KMA will assist the Agency with identification of appropriate development programs; and estimates of the maximum affordable rents and sales prices. Financial Analysis - KMA will assist the Agency in reviewing the financial feasibility of proposed developments. This task will serve the Agency in several ways: comparison of competing proposals; the need for "gap" financing; and assessment of the overall feasibility of alternative development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. Identification of Financing Sources - The development process, in particular the development of affordable housing, typically relies on the "layering" of various public and private financing sources - including competitively allocated federal, state, and local funding. KMA will work with the Agency to successfully implement affordable and mixed-income housing developments. 16601,40TELCIRMNOWM,SUITE 716> SANDtWf,`1.CALIFORN[A92'108 * PIIONE:6197189500> FAx:6197189508 09115ndh WWW,KMEFtMARSTON.COM 19545.021 To: Luke Watson, Management Analyst July 31, 2009 Subject: Proposal for Affordable Housing Consulting Services Page 2 • Transaction Structuring/Negotiations - One of KMA's key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developers and property owners. We will assist the Agency in negotiating the terms of land sales and public financial assistance. Preparation of Reuse Analyses and Summary Reports - KMA will assist the Agency with the preparation of Reuse Analyses and Summary Reports. Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that the Agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re-use value of the property subject to the covenants and conditions imposed by the Agency, and the Agency's costs under the proposed development agreement. • Public Hearings and Presentations - KMA will participate as needed in public meetings when redevelopment transactions are considered. We will provide all services, as requested, on a time-and-materials basis subject to the attached standard hourly billing rate schedule. attachment 09115ndh 19545.021 EXHIBIT B PAYMENT RATES AND SCHEDULE Document7 . 16 . , 'KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 2009/2010 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS' $280.00 SENIOR PRINCIPALS' $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job'expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 09115ndh 19545.021 A CORD,w CERTIFICATE OF LIABILIT DATE (MMID20 08 DNYYY) Y INSURANCE 11/101/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER (415) 957-0600 FAX: (415) 957-0577 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE k Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -.,~,cense No. 0589960 44 Montgomery St., 17th Fl. San Francisco CA 94104 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford Casualt IRS. Co 29424 Inc. Marston Associates INSURER B: Republic Indemnit 22179 , Keyser 02351 ific Avenue Mall 55 P INSURER aNational Union Fire Ins. ac Francisco CA 94111 S INSURER D: an INSURER E: 'OVF RAG ES O THE INSUR ' ED NAMED ABOV E FOR THE POLIC Y PERIOD INDICATED. NOT WITHSTANDING ANY THE POLI BEEN ISSUED T CIES OF INSURANCE LISTED BELOW HAVE R DOCUMENT WITH RESPECT TO WHICH THIS C ERTIFICATE MAY BE ISSUE D OR MAY PERTAIN, REQ HE UIRE INSU MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. T SHOWN Y HAVE BEE N REDUCED Y PAID CLAIMS, T I POLICY EFFECTIVE ION POLICY EXPIRAT LIMIT S INSR AD Rn TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DlY DATE MMIDY 000 000 1 GENERAL LIABILITY EACH RAIEENTEI MIS RE ES (E , , $ $ 50,000 X COMMERCIAL GENERAL LIABILITY ❑ UP0340 11/11/2008 11/11/2009 arson $ 5,000 A CLAIMS MADE OCCUR 57UUN $ 1,000,000 000 000 2 GENERAL AGGRE , , $ 000 000 1 P , $ . , GEN'L AGGREGATE LIMB APPLIES PER: X POLICY PRO LO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acddenl) $ 1,000,000 X ANY AUTO 57UUNUP0340 11/11/2008 11/11/2009 BODILY INJURY $ A ALL OWNED AUTOS person) (Per SCHEDULED AUTOS i X HIRED AUTOS INJURY BODILY (Per accident) $ X NON-OWNEDAUTOS X Ded Comp $1000 PROPERTY DAMAGE ccident) P $ X Ded Coll'$1000 ( er a $ I AUTO ONLY - EA ACCIDENT GARAGE LIABILITY OTHERTHAN EA ACC $ R ANY AUTO AUTO ONLY: AGG 000,000 .4 EXCESSIUMBRELLA LIABILITY $ , 000 000 4 AGGREGATE . , , $ X OCCUR ~ CLAIMS MADE $ 11/11/2008 11/11/2009 $ A DEDUCTIBLE 57RHUUN9941 R $ X RETENTION D C STATU- OTH- I B WORKERS COMPENSATION AND X L_ I ER 000 000 1 EMPLOYERS' LIABILITY E.L. EACH ACCIDENT , , $ ANY PROPRIETORIPARTNERIEXECUTIVE CLUDED? 11/11/2008 11/11/2009 E.LDISEASE - EAEMPLOYEE 1, 000,000 $ OFFICERIMEMBEREX If yes, describe under 03954613 L. DISEASE - POLICY LIMIT $ 1,000,000 P CIALPROVISION below 11/11/2008 11/11/2009 $1,000,000 Limit Each Act C OTHER Professional 945557975 it Aggregate Liability-Claims Retro Date 10/05/1976 $2,000,000 Lim Each Act $100,000 Retention Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS officials, employees and volunteers are officers it , s The Temecula Redevelopment Agency, the City of Temecula, ureds as respect to General Liability. Per the attached endorsement. CG2010 10/01 l I i ns ona included as Addit Re Project: Affordable Housing Services Contract Temecula Redevelopment Agency 1 Attn: Kathy Seyers 43200 Business Park Drive Temecula, CA 92590 ACORD 25 (2001/08) INS025 (010e).0ea SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE ~~pp Loretta Pearson/LPE Cai~'~-Trd'`'O`✓`- - a ACORD CORPORATION 1988 Page 1 of 2 r CG 20101001 Policy Number: 57UUNUP0340 Effective Date: 11/1112008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Temecula Redevelopment Agency, the City of Temecula, its officers, officials, employees, and volunteers It Is understood and agreed that this insurance is primary and any other insurance maintained by the Additional insured shall be excess only and not contributing with this insurance in regards to all operations as pertains to the named insured. (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. Section II - Who is An Insured is amended to include as an insured, the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 201010 01 RDA DEPARTMENTAL REPORT ITEM NO. 21 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: August 25, 2009 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Auto Mall Sign - The Agency and Auto Dealers Association have agreed on deal points and both parties are reviewing the loan documents at this time. The new deal as of this time will include a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition marquee sign. Part of the agreement stipulates that the City will have 10% of the time between sunrise and 11:00 p.m. daily to use the sign to promote City interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old sign will be removed. The Loan Agreement is scheduled to come before the Agency Board on August 25, 2009 Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2009-2010. The following facade improvements are in process or recently completed: ■ Butterfield Square - Paint exterior and replace exterior wood paneling ■ Emporium Center - Facade Renovation ■ Temecula Stage Stop - Outdoor canopy renovation ■ Fadaie Insurance - New business signs ■ Chili Roaster Gourmet - New business signs ■ Believe Galleria - New business signs ■ The Painted Garden - Paving at entrance from Old Town Front Street The applications currently under review have exhausted the Facade Improvement Program budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not available for the remainder of this Fiscal Year. HOUSING Housinq Element Update - The Agency is preparing the Housing Element Update. A third draft of the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for a 60-day review and comment period on April 9, 2009. HCD comments were received on June 9, 2009. RDA staff revised the final draft based on HCD's June 2009 letter. Staff is currently completing an initial study and Negative Declaration for the Housing Element. A revised timeline has been prepared that anticipates a Planning Commission hearing on September 2, 2009 and a City Council hearing on September 22, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. The project is currently under construction and is slated to be completed by fall 2010. Diaz Road Exclusive Negotiation Agreement - The Agency issued a Request for Interest to select a preferred development partner for the 30-acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. Due to the State of California's Redevelopment ERAF take it is not possible for the Agency to pursue a project with the Hobbs Company on the Diaz site at this time. However, the Agency is currently negotiating for the sale 20 acres of the site to Clearwater Development for the purpose of developing a water park. First Time Homebuyers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $250,000 - $300,000 price range. An article published in the Californian on July 5, 2009 has generated tremendous interest in the program. However, on July 24, 2009, the State Legislature passed a budget that proposes a take of $2.05 Billion in statewide redevelopment agency funds to help close the State's current budget deficit. This means that about $4,300,000 in City of Temecula Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional $900,000 diverted to the state in Fiscal Year 201012011. As a result, funding for this program is temporarily frozen and no new applications are being considered at this time. Summerhouse - The Agency is currently in negotiating with an affordable housing developer, Temecula Murrieta Rescue Mission, and the County of Riverside in regards to the purchase of the Summerhouse development near the intersection of Margarita Road and Temecula Parkway. The affordable housing developer has entered into escrow and has submitted their development plan to the City for a 110 unit affordable housing development, of which 20 units will be owned and operated by the Rescue Mission as a transitional housing operation. The Agency is negotiating an Owner Participation Agreement with the affordable housing developer and a Disposition and Development Agreement with the Rescue Mission. The goal of the Agency is to add 110 affordable units, at or below the "very love" income designation for 55 years. The Agency will bring forward the OPA between BRIDGE Housing and the Agency on August 11, 2009 and the DDA between the Temecula Murrieta Rescue Mission on September 9. 2009. Residential Improvement Program - The program budget for FY 2009/2010 is $200,000.00. However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City of Temecula Redevelopment Agency has required unreserved funds budgeted for this program to be temporarily frozen. The Redevelopment Agency is currently processing 15 applications totaling $80,992 that were in the queue prior to Monday, July 27. No new applications are being considered at this time. DEPARTMENTAL REPORTS ITEM NO. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: August, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of July, 2009. CURRENT PLANNING ACTIVITIES New Cases The Division received 54 new applications for administrative, other minor cases, and home occupations including 6 applications for public hearings during the month of July. Special Projects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital - This project was approved by the City Council on January 22, 2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The Public Works Department and Planning Department met with the applicant and the applicant's architect on May 21, 2009 regarding the status of grading plans, street improvement plans, the project's Water Quality Management Plan, and fees. The applicant's architect continues to indicate that building plans, or more specifically the geo-technical report for the project, is being reviewed by the Office of Statewide Health Planning and Development (OSHPD) and that approval of these plans. The applicant's architect has indicated that a revised geo-technical report will be submitted to OSHPD by mid-August, 2009, and that OSHPD approval of building plans could shortly follow. Staff is awaiting re-submittal of plans to address comments regarding permits for rough grading, precise grading, street improvement plans, and a Water Quality Management Plan. (FISK) ■ General Plan Housing Element Update -Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received on the final draft contained a handful of suggested corrections and sample language to add to the Housing Element. Staff is completing an initial study and will circulate a Negative Declaration for a 30-day public review and comment period and will schedule a Planning Commission hearing for September 2, 2009 and a City Council hearing on September 22, 2009. Upon adoption bythe City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. (PAPP) ■ Nicolas Valley Rural Preservation Area - Staff held a community meeting on February 26, 2009, where 70-80 residents attended. Concerns regarding road cost, financing mechanisms and zoning densities were discussed. A community meeting was held March 19, 2009 to explain in more detail all zoning options, financing, and a community survey to be mailed following the meeting. The survey was mailed to property owners and residents on March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or % acre minimums) due to responses received from various property owners that'/ acre is not wanted. Staff mailed surveys to 124 property owners and 22 residents. The owner response rate was 72%; the resident response rate was 4%; and the overall response rate was 62%. The survey clearly indicated that there is not support for a CFD for roadway improvements (57% of owners and 83% of registered voters within the CFD boundary would not support). The survey did not clearly reveal an overwhelming decision on preferred zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55 residents attended to inform the residents of the survey responses and discontinue this work effort. The residents requested the opportunity to conduct their own follow up survey to determine if a majority could agree on a zoning preference for the area. The results of this resident sponsored survey are expected by the end of August. Staff will complete the roadway design traffic study and hydrology study which are currently being prepared. No additional technical studies/consultant work will be completed. Staff also finalized and posted on the website the revisions to the Dirt Road Policy to allow more leniency for additions and replacement of existing residences. (PETERSIKITZEROW) ■ Transportation Planning - The Temecula Trolley began service in June 2009 to coincide with new service changes to other RTA routes. The service is intended to connect local residents to business using public transit as a means to travel to school, commercial centers, and connections to other RTA routes. Trolley service is provided Monday thru Friday in the morning and afternoon, connecting the Harveston communityto Chaparral High School, the Promenade Mall, and the County Administrative offices just south of Harveston. A route also operates between the Mall and Old Town Temecula during the lunch period, as well as on weekends. Staff is developing a survey for residents and riders of the Trolley to gain perspective of public transit use and needs of the Community. (WEST) ■ 1-15 Interregional Partnership (I RP) - Staff is working with WRCOG, SCAG, RCTC, RTA, SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on a Smart Growth Concept Map, which will coordinate land use and transportation decisions to accomplish the goals of SB 375 and AB 32. The 1-15 IRP Policy Committee met on June 15, 2009 to review and provide policy direction to the Smart Growth Working Group. Based on the Policy Committees discussion, the Smart Growth Map Working Group will refine the place type descriptions and their locations within the project area. (WEST/INNES) ■ Sustainability Program Energy Efficiency and Conservation Block Grant -Staff submitted the Energy Efficiency and Conservation Strategy Development application prior to the June 25 deadline to secure the Block Grant funds, which is essentially a place holder notifying the Department of Energy that the City intends to submit a complete grant application packet. Staff has until October 25, 2009 to complete an Energy Efficiency and Conservation Strategyand select implementation programs to complete the application package. Staff will reconvene the committee at the end of August to review the draft strategy and then choose programs in order to complete the application. (WEST) The green house gas (ghg) inventory emissions analysis kick-off meeting was held on July 14, 2009. Representatives from City Departments as well as representatives from our utility companies and outside agencies attended the meeting. The committee selected 2007 as the base year for ghg emissions inventory analysis. There are two separate inventories being prepared; 1) a municipal operations inventory and 2) a communitywide inventory. Staff is working through each of the Departments to obtain data for the municipal operations inventory, and working with the utility companies and water agencies forthe communitywide inventory. Staff anticipates obtaining the majority of the data necessary for the municipal operations by mid August. Obtaining the data necessary for the communitywide analysis from the utility companies will take longer than anticipated due to customer confidentiality and how the data is maintained by the utility companies. Once the ghg inventory is complete, the next step will be to develop a climate action plan and incorporate the findings into the Sustainability Plan. (WEST) Small Wind Energy Conversion System Ordinance - The Small Wind Energy Council Subcommittee met on July 28, 2009 to discuss the proposed standards and to review current technology and the application of the technology within the City of Temecula. The Subcommittee determined that the wind characteristics of the area do not fully support the current technology of these systems at this time. The Subcommittee recognized that there may be individual circumstances where a small wind energy system may be economically feasible and therefore directed staff to work with the City Sustainability Committee to determine the best approach with pursuing this ordinance. (WEST) Santa Margarita Area Annexation - On November 19, 2008, the Planning Commission recommended approval to proceed with an application to the Riverside County Local Agency Formation Commission to expand the City's Sphere of Influence and annex the Santa Margarita Area consisting of approximately 4,997 acres located immediately southwest of the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere of Expansion and Annexation. The City Council also certified the Environmental Impact Report for this project on December 9, 2008. Staff filed a Sphere of Influence and Annexation application with LAFCO on December 17, 2008. The application was denied by LAFCO on June 4, 2009. Resolutions for denial were adopted by LAFCO on June 25, 2009. The City has filed an Application for Reconsideration which removes the Liberty Quarry project site (and a few neighboring parcels) the from the Annexation proposal. The Annexation Reconsideration hearing is scheduled for September 24, 2009. (LOWREYIRICHARDSON) Liberty Quarry Draft Environmental I mpact Report - The County of Riverside has released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75-year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, settling ponds, truck scales, and truck and equipment parking areas within a 414 acre-site located approximately % mile from the City's southwest boundary within the County of Riverside. The City is reviewing the Draft Environmental Impact Report and will provide comments to the County of Riverside by September 18, 2009. (LOWREY/WEST! RICHARDSON) Development Code Update - Staff is preparing an update of the Development Code with various changes that include: codification of the City's current policywhich allows directional signs for colleges and universities; amendment to large family daycares consistent with State Law; removal of granny flats from the code consistent with State Law; updating the square footage allowance for guest houses to be the same as what is allowed for second dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker), minimizing requirements which trigger processing a sign program, and other minor clarifications within the Code. A public hearing is anticipated for Planning Commission on October 21, 2009 and Planning Commission recommendations will be broughtforward to the City Council on November 10, 2009. (LOWREY) Old Town Specific Plan Update - Staff is working in conjunction with consulting firms Inland Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the Old Town Specific Plan that addresses the ten goals and recommendations for Old Town presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local Review Board formed a steering committee forthe Specific Plan Update currently consisting of Board Members Blair and Moore, with the purpose of this committee being to provide the Old Town Local Review Board with additional opportunities to review and comment on concepts and preliminary plans as the Specific Plan update progresses and for the committee to report back to the other Board members on the progress of the update. Commissioners Guerriero and Kight are also members of the Steering Committee, which most recently met on June 23, 2009 to review progress on the proposed sustainability and public art sections for the Specific Plan Amendment. An Environmental Impact Report (EIR) is currently being prepared for the project, and staff held a scoping meeting with the community on July 21, 2009 to solicit input on environmental concerns that should be addressed in the EIR. Staff intends to complete the first draft of the Specific Plan Amendment in October 2009, to present the draft update to the Steering Committee in November 2009, and to bring the updated plan to the Old Town Local Review Board for review in December 2009, to the Planning Commission for review in January 2010, and to City Council for review in January 2010. (FISKIINNESILOWREY) Planning Agenda Report 7/1/2009 through 7/31/2009 1. Recently Approved APN # • PA08-0233 RANCHO BAPTIST CHURCH 922130017 WIRELESS DANA SCHUMA A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of six (6) panel antennas, four (4) BTS radio equipment cabinets and one microwave dish at Rancho Baptist Church, 29775 Santiago Road. The antennas are attached to a new 77'- 4" monopine and the equipment cabinets are located inside a new 7'9" wrought iron fence. Submitted Date Approved Date 10/6/2008 Jul 15 2009 APN # • PA08-0271 T-MOBILE WATER TANK ANTENNA 957170020 DANA SCHUMA A Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank with ancillary equipment proposed to be built into an adjacent hillside approximately 40 feet to the northwest of the proposed water tank (APN: 957-170-020) Submitted Date Approved Date 12/1/2008 Jul 15 2009 APN # • PA09-0182 International Jazz Festival 922036011 CHRISTINE DAMKO A Major Temporary Use Permit for the International Jazz Festival on Friday, July 10 from 5:00 p.m. to 10:00 p.m., Saturday, July 11 from 3:00 p.m. to 10:00 p. m., and July 12 from 2:00 p.m. to 10:00 p.m. Street closure on west side of Main Street on July 11. Submitted Date Approved Date 5/14/2009 Jul 8 2009 APN # • PA09-0184 Wine on a Dime PCN 921060009 DANA SCHUMA A Finding of Public Convenience or Necessity application for a Type-42 license (on-sale beer and wine) and a Type- 20 (off-site sale) for Wine on a Dime located at 28061 Jefferson Avenue (Related Case PA09-0185) Submitted Date Approved Date 5/20/2009 Jul 15 2009 APN # • PA09-0185 Wine on a Dime MCUP 921060009 DANA SCHUMA A Minor Conditional Use Permit to allow for off-site retail wine sales and wine tasting (Type-20 and 42 licenses) at 28061 Jefferson Ave (Related Case PA09-0184) Submitted Date Approved Date 5/20/2009 Jul 15 2009 APN # • PA09-0207 Auto Dealers Used Car Sale TUP 910420005 DANA SCHUMA A Major Temporary Use Permit for the Temecula Auto Dealers annual used car tent sale to be held Friday, July 17, 2009 through Sunday, July 19, 2009 located at the Promenade Mall, 40820 Winchester Road, between Macy's and Johnny Carinos Submitted Date I I Approved Date 1 of 6 Planning Agenda Report 7/1/2009 through 7/31/2009 6/18/2009 Jul 9 2009 2 of6 Planning Agenda Report 7/1/2009 through 7/31/2009 2. Scheduled for Hearing APN # • PA09-0009 Stellar Cellar CUP 922034036 ERIC JONES A Minor Conditonal Use Permit to allow Stellar Cellar to operate a wine bar located at 28636 Old Town Front Street Submitted Date DRC Meeting Date Planning Commision 1/14/2009 Sep 16 2009 APN # • PA09-0040 Diaz Property 909370002 DANA SCHUMA A Tentative Parcel Map (TPM 36175) to subdivide 35 acres in to three parcels, one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements. The project site is located on the northwest corner of Diaz Road and Dendy Parkway. (Related PA09-0039 and PA09-0041) (Former PR08-0059) Submitted Date DRC Meeting Date Planning Commision 2/5/2009 3/5/2009 Aug 19 2009 APN # • PA09-0041 Diaz Property 909370002 DANA SCHUMA A Development Plan with a Conditional Use Permit to construct a 15 acre water park located on the northwest corner of Dendy Parkway and Diaz Road. (Related PA09-0039 and PA09-0040) (Former PR08-0059) Submitted Date DRC Meeting Date Planning Commision 2/5/2009 3/5/2009 Aug 19 2009 APN # • PA08-0125 Temecula Village PDO-5 Amendl 944290012 CHERYL KITZEROW/MATT PETERS A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road. (Associate projects PA08-0122 and PA08-0123 - Fresh and Easy DP/CUP) Pending City Council hearing (date to be determined). Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6126/2008 Oct 15 2008 APN # • PA09-0229 Grannys Grapes of the Vine CUP 921280008 DANA SCHUMA A Minor Conditional Use Permit to allow for a Type-42 ABC license (on-sale beer and wine) for Granny's Grapes on the Vine located at 28450 Felix Valdez Road (related cases: PA09-0230 and PR09-0009) Submitted Date DRC Meeting Date Planning Commision 7/15/2009 Aug 19 2009 APN # • PA09-0230 Grannys Grapes of the Vine PCN 921280008 DANA SCHUMA A Finding of Public Convenience or Necessity application for a Type-42 ABC license (on-sale beer and wine) for Granny's Grapes on the Vine located at 28450 Felix Valdez Road (related cases: PA09-0229 and PR09-0009) Submitted Date DRC Meeting Date Planning Commision 3 of 6 Planning Agenda Report 7/1/2009 through 7/31/2009 7/15/2009 Aug 19 2009 4 of6 Planning Agenda Report 7/1/2009 through 7/31/2009 3. New Submittals Pending DRC Meeting APN # • PA09-0059 HELP Ride Event 922073024 CHRISTINE DAMKO A Major Temporary Use Permit for the first annual HELP Motorcycle Ride on August 29, 2009 in Old Town Temecula. The event proposes to "show" motorcycles in the Stampede parking lot and on Front Street between Second and Third Streets (street closure required) followed by a music concert on Quaid Harley Davidson property located near the south end of Old Town Front Street. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/20/2009 TBD APN # • PA08-0143 BAILY'S RESTAURANT BANQUET 922046018 CHRISTINE DAMKO TUP A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within an approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application. Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific Plan. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/25/2008 TBD APN # • PA09-0235 Race for the Cure 910420005 CHRISTINE DAMKO A Major Temporary Use Permit for the Susan G Komen Race for the Cure in/around the Promenade Mall on Sunday, October 18, 2009 from 5:00 a.m. to 4:00 p.m. involving street closures in the morning hours Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/22/2009 TBD APN # • PA09-0243 Film and Music Festival 921270050 CHRISTINE DAMKO A Major Temporary Use Permit for the 15th Annual Film and Music Festival from September 9th-13th. Main festivites will take place at the Tower Plaza Shopping Center located at 27555 Ynez Road. No street closures required. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/3/2009 TBD APN # • PA09-0246 Roripaugh Estates SPA#3 PA10 920100048 CHERYL KITZEROW/MATT PETERS A Specific Plan Amendment (text only) to change the permitted uses/development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to replace County Ordinance No. 348 with the standards of the Neighborhood Commercial zoning district with the addition to permit automobile service stations with or without an automated car wash. Project proponent proposes future car wash at the existing Arco AM/PM at the southeast corner of Winchester & Nicolas Roads, addressed as 40212 Winchester Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/4/2009 TBD APN # • PA09-0248 Venzon Wireless Monopine CUP 960330017 DANA SCHUMA 5 of 6 Planning Agenda Report 7/1/2009 through 7/31/2009 A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of 18 panel antennas and one microwave dish attached to a new 55-foot monopine located at 43980 Mahlon Vail Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/5/2009 9/3/2009 TBD 6 of6 i i r ~i ~~ca+as,~ ..J VJJ/ ~1CD~pS RD I de, o O\c~s ~ 08-0271 - I f R(E U I~ I I >z tom' _ _ 1 a j i APA09-0207 PA09-0235 J r ~fi„ ~ Q ~ ~ O~~ RAY KO J s° op C --T ~L - f PA09-0041 / PA09-0040 soLANa J,% ,y 1 y 1 >y~ t r \ `k i ~N PA09-0227 t - Acio Cwmp'tmA F FP PA08-0125 U PA09-01850 PA09-0184 ~ PA09-0243 PA09-0174 T a N P..-.09-01950 <p~RfO ,a o / 4 / cz > PAUSA Ra PAUSA RD PA09-0230CP.A09-0229 ; PA09-0170 P-M9-0009 j P.A09-0226 PA0 9 0 1 -TT77 r r ty PA08-0143 pA TACO RD 1 5 l` \ r[t. ~ ~ PA09-00590a, 1s II~ 2 ~~i 00 1 ~a m r. ~ PA08-0233 J 1 ~ ,,1--t CJ / ; 1 r ~ ~~ppRTOLARp V Legend -f Mfr~I ~ f Planning Status - July 2009 - 0 1. Recently Approved A~ r ll~~/1) ~~~1 ~ ~ _ A ~ t 0 2. Scheduled for Hearing t 'y ~l r 0 3. New Submittals Pending DRC Meetin , ~G 9 ~ - ~ y ~ ~o tlY TF:13R- - - < < t~ b, 19v c° ~ / ITEM NO. 23 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: August 25, 2009 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of July, 2009. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervise;D DATE: August 7, 2009 SUBJECT: Monthly Activity Report - July, 2009 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of July, 2009: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. "Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 407 New and repainted legends B. 420 L.F. of new and repainted red curb and striping 20 41 28 34 7,998 67.05 211 0 139 5,340 R.WAIN I AWNIOAC I RP f Also, City Maintenance staff responded to 84 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 103 service order requests for the month of June, 2009. The Maintenance Crew has also put in 175.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of July, 2009 was $9,750.00 compared to $12,914.95 for the month of ,June, 2009. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Dan York, City Engineer Jerry Gonzalez, Associate Engineer $ 9,750.00 $ -0- $ -0- (Capital Improvements) (Traffic Division) w w 3 D ry m Y (9 z K O U' m m T E ro n y ~ m ~ a o y a u> ° Y W ~ J o a U ~ N m U o Y o a p O w w } Z z a 0: w N a 1- W a O ~ H a 0 Q W } O O O O O O (A O O O O 0 fA O O O O Q3fl O O 00 p h ^ O N V ~ N v M O ~ V c0 't O M N G p O O 0 O O O 0 O M O O W O 0 O O 0 O N V N R r M O Q to A f 60 n h LO F ~ O I 6 LL J Q T. F- LU m W W ° Ul W m O Z W m O F- U O w W m 2 W F IL W fA F- N 0 a o o (D o o O O O O O 6 O 00 h Lc) N _ N C7 O V co N O J W - 6 1 61~ W LL U m c _ (9 Z LL U) 0~ h W a a) E D1 .y. N LL 0 a) LL d N N O U z c (D 1 a) J LL N c LL c U z Q cu al 0 .o a O v H N N 'J H N j P } H W N a U N LL > c co a U) Q o a) .1 a C a) o F co U O U J O Z E O a 0 z m a a E O z u) O U) a C m m > 7 ' U U N J m A J F- K J J F, LL p J d C C Z .Q a Q F- W N m 4l w Q Q 0 N L N > > = U ' a N o m O O m O W O O O C m c w O ,t F• Q U 0 F- U (7 F- F- F- F- F LL' F- U (n (n U ' ) ' F- LL Z Q (n U 1 N ~ a H w m T 0) C rn 0 a m co w a d N o~d Y ~ ow d U o J W a N w o a Z N LL ~aa Q w H } w -i W _j X U H Q0WFL a g w 0 a Q O w LL } i- _j U) 00 U N J LL H r ON ~ J N N co P to O N to O O O O o ui to w hM ~ O O vi 00 M r O O 00 O It co ~ O O 0 0 O ai 0 0 N r N f - 6M9 br4 O w O to 0 tD 0 0 f. V N to b) h N 0 r. O 0 O to co h h co N M V? to N cri N of r rV) w M 00 co 0p V' to 0 of co Oi 04 p d' co co t0 to M to O p O o O o O p a o O 0 0 O O o O m O) 0) N o p to N a o v D a -e a O O : O O p 0p LL W } n 641). O 613 rn N to Lo r C-4 0 U) r 00 CD O (11) 00 O tV J M <R N M O V) V9, O O N 00 V> r_ j O V U cm to Vi w 6 % w to to tf v fo J U. H N 0 _ r a w w O o LL F N O U W o Y W o ~ J F- CL IL `d W 0 fA U a 0 0 LL - (A U D w a, o K W O Ja (7 ~ Oa U J co eOe~~ tt> 0 O oto 0 0 O O w V? 0 t} N o O 0 O 0 O 00 O N o O N m O) co rn N co co o O O U), to N h 0 v O O O O O a O N a) V), N O O O O LO 0 0 0 O LL M N M VT r 11), r 40 N H r fA Lf to V) .a 0 VT V> O U 00 00 CD O 0 0 n 0 o N o r o et M v co t0 n 0 O 07 n ~ M N Y w o LLI O U d N 0) N 0 0) to N N R 0 O ~ N R S .Q tC J /4 O N N 0 C cc J t6 6 ( m C LL Q LL U rL LL t W d a m o U Y 3 N O to 3 w 2 N F U) z w U) J W 3: 0 F Z 0 (7 w U) M 0 a W LL 2 J Z Fes- III J H O Q F w w Z Cl) a V pap U N U U W Q U J a U W LLJ W K U Q a Y -j a CL F F w a z N ? N w S S W LL 0 Z Z LL a Z 0 > W a U) D U) n z V5 F5 0 0 ? 0 a w ° STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of July, 2009 DAII DESCRIPTION TOTAL COST ~ ACCOUNT STREET/CIIANNEL/BRIDGF OF WORK SIZE CONTRACTOR: RENE'S COMMERCIAI, MANAGEMENT Date: 07.23.09 CITY WIDE APPLICATION OF TO CITY WIDE CHANNELS It 5402 TOTAL COST $ 9,750.00 Date: TOTAL COST Date: TOTAL COST Date: II TO'T'AL COST t CONTRACTOR: Date: TO'T'AL COST Datc: # N, TOTAL COST CONTRACTOR: Date: 9 t. TOTA L COST FDate : # TOTAL COST TOTAL COST ACCOUNT #5401 -0- TOTAL COST ACCOUNT #5402 $ 9,750.00 TOTAL COST ACCOUNT 499-5402 - 0 - R-IMAI"I I VNOA(-IRPI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS nnnK]TUnc If It V nAnn DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 07/01/09 E/B RANCHO CALIFORNIA ROAD AT YNEZ ROAD POTHOLE 6 07/06/09 S/B MARGARITA ROAD AT PAUBA ROAD R & R 488 'I 12,05 07/07/09 JEDEDIAH SMITH ROAD AC O/L 655 07/07/09 CALLE MEDUSA AT NICOLAS POTHOLE 2 5 07/08/09 S/B MARGARITA AT OVERLAND R & R 380 12 07/09/09 LOS RANCHITOS AREA AC O/L 690 3 07/13/09 RANCHO CALIFORNIA ROAD AT YNEZ ROAD POTHOLE 2 07/13/09 NICOLAS ROAD AT JOSEPH ROAD POTHOLE 12 07/13/09 NICOLAS ROAD AT CALLE MEDUSA POTHOLE 7 07/13/09 NICOLAS ROAD AT LIEFER ROAD POTHOLE 2 07/13/09 RAINBOW CANYON ROAD AT CITY LIMITS POTHOLE 2 07/13/09 PAUBA ROAD AT VIA RAMI POTHOLE 3 07/13/09 PAUBA ROAD AT VIA RAW POTHOLE 5 07/14/09 JEDEDIAH SMITH AT EL LUCERO AC O/L 738 07/14/09 MANZANO AT PESCADO AC O/L 880 6.5 I; 07/15/09 PAUBA AT VIA RAMI R & R igp 07/15/09 PAUBA AT VIA RAMI AC O/L 384 6.5 07/16/09 NICOLAS AT WINCHESTER R &R 232 6 07/20/09 NICOLAS AT ALEXANDRA AC O/L 550 07/20/09 SIERRA BONITA AT AVENIDA SAN PASCUAL AC 0/L 720 07/21/09 SIERRA BONITA AC 0/L 655 07/21/09 AVENIDA DE SAN PASCUAL AC O/L 462 t12 07/27/09 LOMA LINDA AT PECHANGA R & R g 07/27/09 YNEZ AT PAUBA POTHOLES g RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS POTHOLES 5 'I II r NICOLAS ROAD POTHOLES 5 4 07/28/09 BUTTERFIELD STAGE ROAD AT CAMPINIS AC O/L 905 q 11 TOTAL S.F. OF REPAIRS 7.998 j~ TOTAL TONS 67.05 I' I I R:W A 6YIAI NJWKCM11.11AASPIL4:1'.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JULY, 2009 DATE LOCATION WORK COMPLETED 07/01/09 AREA #2 CLEANED & CHECKED 7 CATCH BASINS 07/07/09 AREAS #3 & #4 CLEANED & CHECKED 5 CATCH BASINS 07/08/09 AREA #5 CLEANED & CHECKED 48 CATCH BASINS 07/09/09 AREA #5 CLEANED & CHECKED 52 CATCH BASINS 07/14/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 8 CATCH BASINS 07/15/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 8 CATCH BASINS 07/16/09 AREAS #1 - #5 CLEANED & CHECKED 14 CATCH BASINS 07/20/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 15 CATCH BASINS 07/22/09 AREA 91 - CLEANED & CHECKED 31 CATCH BASINS 07/28/09 CITYWIDE HOT SPOTS CLEANED & CHECKED 23 CATCH BASINS I TOTAL CATCH BASINS CLEANED & CHECKED 211 R\%I AIiN I ATEWKC%I PIp'I'DACKI( IIIAS CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JULY, 2009 DATE LOCATION WORK COMPLETED 07/01/09 LOMA LINDA AT TEMECULA LANE REMOVED 4 S.F. OF GRAFFITI 07/01/09 45863 PIUTE REMOVED 8 S.F. OF GRAFFITI 07/02/09 VIA CORDOBA AT CORTE BRAVO REMOVED 4 S.F. OF GRAFFITI 07/02/09 LOMA LINDA AT TEMECULA LANE APARTMENTS REMOVED 136 S.F. OF GRAFFITI 07/02/09 VIA DEL CORONADO AT LOMA LINDA REMOVED 5 S.F. OF GRAFFITI 07/02/09 VIA DEL CORONADO AT VIA CORDOBA REMOVED 3 S.F. OF GRAFFITI 07/02/09 ROCK BLUFF AT LONG RIDGE REMOVED 18 S. F. OF GRAFFITI 07/02/09 QUAIL SLOPE AT LONG RIDGE REMOVED 8 S.F. OF GRAFFITI 07/02/09 QUAIL SLOPE AT OAK CLIFF REMOVED 1 S.F. OF GRAFFITI 0702/09 28670 FRONT REMOVED 4 S.F. OF GRAFFITI 07/02109 41653 OVERLAND REMOVED 2 S.F. OF GRAFFITI 07/02/09 MARGARITA AT NICOLE REMOVED 1 S.F. OF GRAFFITI 07/02/09 MARGARITA AT SOLANA RIDGE REMOVED 1 S.F. OF GRAFFITI 07/02/09 RORIPAUGH AT SANDERLING REMOVED 4 S.F. OF GRAFFITI 07/06/09 TARGET CENTER REMOVED 270 S.F. OF GRAFFITI 07/06/09 SANTA GERTRUDIS CREEK REMOVED 26 S.F. OF GRAFFITI 07/06/09 1-15 FWY AT TEMECULA PARKWAY REMOVED 393 S.F. OF GRAFFITI 07/06/09 JANE PLACE AT ROMANCE REMOVED 3 S.F. OF GRAFFITI 07/06/09 33213 CALLESITO FADRIQUE REMOVED 32 S.F. OF GRAFFITI 07/06/09 CORTE LERMA AT CALLESITO VALLARTA REMOVED 2 S.F. OF GRAFFITI 07/06/09 CALLESITO VALLARTA AT CORTE SABINAS REMOVED 32 S.F. OF GRAFFITI p 07/06/09 46257 VIA LA COLORADA REMOVED 120 S.F. OF GRAFFITI 07/06/09 PEACH TREE AT GREAT OAK REMOVED 118 S.F. OF GRAFFITI 07/06/09 PRIMROSE AT GREAT OAK REMOVED 130 S.F. OF GRAFFITI 07/06/09 FIRST STREET BRIDGE AT MARGARITA CREEK REMOVED 158 S.F. OF GRAFFITI 0709 VIA REINA AT MEADOWS PARKWAY REMOVED 48 S.F. OF GRAFFITI 07/06/09 MEADOWS PARKWAY AT CAMPANULA REMOVED 6 S.F. OF GRAFFITI R- 11%IN I AiNM x(wrI )V,kvrrrrn DATE LOCATION WORK COMPLETED 07/60/09 MEADOWS PARKWAY AT CAMPANULA REMOVED 6 S.F. OF GRAFFITI 07/06/09 MEADOWS PARKWAY AT DE PORTOLA REMOVED - i I 12 S.F. OF GRAFFITI 07/06/09 McCABE AT VIA MESA REMOVED 11 S.F. OF GRAFFITI 07/06/09 PROMENADE CHARDONNAY AT HEITZ LANE REMOVED 6 S.F. OF GRAFFITI 07/07/09 MEADOWS PARKWAY AT PARDUCCI REMOVED 2 S.F. OF GRAFFITI) 07/07/09 MEADOWS PARKWAY AT LA SERENA REMOVED 4 S.F. OF GRAFFITI 07/07/09 VIA PUERTA AT LA SERENA REMOVED 2 S.F. OF GRAFFITI 07/07/09 MARGARITA AT NO. GENERAL KEARNY REMOVED 4 S.F. OF GRAFFITI 07/07/09 WINCHESTER AT RUSTIC GLEN REMOVED 4 S.F. OF GRAFFITI 07/07/09 MEADOWS PARKWAY AT DE PORTOLA REMOVED ii 4 S.F. OF GRAFFITI 07/07/09 CORTE ZARAGOZA AT PEPPERCORN REMOVED _ 1 S.F. OF GRAFFITI 07/08/09 PRIMROSE AT PEACH TREE REMOVED 6 S.F. OF GRAFFITI 07/08/09 HONORS AT DRIVER REMOVED 2 S.F. OF GRAFFITI 07/08/09 MARGARITA AT ABBOTT REMOVED 8 S.F. OF GRAFFITI 07/08/09 29501 SOLANA REMOVED 2 S.F. OF GRAFFITI 07/08/09 MARGARITA AT OVERLAND REMOVED 5 S.F. OF GRAFFITI 07/08/09 LOGGER TRAIL AT CEDAR CREST REMOVED 4 S.F. OF GRAFFITI 07/08/09 WOLF CREEK AT CITY PARK REMOVED I 7 S.F. OF GRAFFITI II 07/09/09 NO. GENERAL KEARNY AT CAMINO VERDES REMOVED 2 S.F. OF GRAFFITI 07/09/09 NICOLE LANE AT MARGARITA REMOVED 1 S.F. OF GRAFFITI 07/09/09 LA SERENA AT MARGARITA REMOVED 1 S.F. OF GRAFFITI 07/09/09 37070 CAMINO GUARDA REMOVED S.F. OF GRAFFITI 07/13/09 BEHIND TARGET CENTER REMOVED 99 S.F.OFGRAFFITI 07/13/09 SANTA GERTRUDIS CREEK AT YNEZ REMOVED 33 S.F. OF GRAFFITI 07/13/09 NO. GENERAL KEARNY AT NICOLAS REMOVED 1 S.F. OF GRAFFITI 07/13/09 STANFORD AT CHANTEMAR REMOVED 1 S.F. OF GRAFFITI 07/13/09 CAMINO CAMPOS VERDES AT NO. GENERAL KEARNY REMOVED 10 S.F. OF GRAFFITI 07/13/09 YNEZ AT TOWER PLAZA REMOVED 60 S.F. OF GRAFFITI 07/13/09 40775 CALLE MEDUSA REMOVED 2 S.F. OF GRAFFITI 07/13/09 WINDSOR AT CALLE MEDUSA REMOVED 1 S.F. OF GRAFFITI E13 09 VIA DEL CORONADO AT VIA CORDOBA REMOVED 2 S.F_OF GRAFFITI RAMAINI AINMW KC.119: mAGRAPF 1 rn DATE LOCATION WORK COMPLETED 07/13/09 AVENIDA DE MISSIONS AT CHANNEL REMOVED 58 S. F. OF GRAFFITI 'i 07/13/09 ANZA AT DAYMEN REMOVED _ 1 S.F. OF GRAFFITI 07/14/09 RANCHO CALIFORNIA ROAD AT HOPE REMOVED 4 S.F. OF GRAFFITI 07/14/09 YNEZ ROAD AT RANCHO VISTA REMOVED 4 S.F. OF GRAFFITI 07/14/09 WOLF CREEK AT FIRESIDE REMOVED _ 4 S.F. OF GRAFFITI 07/14/09 WALCOTT AT KLARER REMOVED 1 S.F. OF GRAFFITI 07/14/09 JEFFERSON AT DEL RIO REMOVED 60 S.F. OF GRAFFITI 07/14/09 YNEZ AT TOWN CENTER REMOVED 1 S.F. OF GRAFFITI 07/14/09 RANCHO CALIFORNIA ROAD AT YNEZ REMOVED 4 S.F. OF GRAFFITI 07/14/09 MARGARITA AT WINCHESTER REMOVED 10 S.F. OF GRAFFITI 07/14/09 44787 BANANAL WAY REMOVED 1 S.F. OF GRAFFITI 07/15/09 31727 KLARER REMOVED 4 S.F. OF GRAFFITI 07/15/09 WALCOTT AT LA SERENA REMOVED 2 S.F. OF GRAFFITI 07/15/09 41338 YUBA CIRCLE REMOVED 10 S.F. OF GRAFFITI 07/15/09 30787 CALLE PINA COLADA REMOVED 4 S.F. OF GRAFFITI 07/15/09 WINCHESTER AT MARGARITA REMOVED I 2 S.F. OF GRAFFITI 07/15/09 VIA NORTE AT CALLE PINA COLADA REMOVED 2 S.F. OF GRAFFITI 07/15/09 PINA COLADA AT NO. GENERAL KEARNY REMOVED 1 S.F. OF GRAFFITI 07/16/09 MEADOWS PARKWAY AT DE PORTOLA REMOVED 28 S.F. OF GRAFFITI 07/16/09 28073 DIAZ REMOVED 34 S.F. OF GRAFFITI 07/16/09 43620 RIDGE PARK REMOVED 4 S.F. OF GRAFFITI 07/16/09 MARGARITA AT PAUBA ROAD REMOVED 8 S.F. OF GRAFFITI 07/16/09 CAMPANULA AT HOME DEPOT REMOVED 2 S.F. OF GRAFFITI ~I 07/16/09 41079 PROMENADE CHARDONNAY HILLS REMOVED 2 S.F. OF GRAFFITI 07/16/09 SOLANA WAY AT CALLE FUEGO REMOVED 2 S.F. OF GRAFFITI 07/16/09 MEADOWS PARKWAY AT RANCHO CALIFORNIA ROAD REMOVED 5 S.F. OF GRAFFITI i 07/20/09 FELIX VALDEZ AT 6TH STREET REMOVED 25 S.F. OF GRAFFITI 07/20/09 MAIN STREET BRIDGE REMOVED 402 S.F. OF GRAFFITI 07/20/09 6TH STREET AT FRONT REMOVED 31 S.F. OF GRAFFITI 07/20/09 41873 FRONT REMOVED 3 S.F. OF GRAFFITI 07/20/09 SANTIAGO AT C STREET REMOVED _ 20 S.F:_OF GRAFFITI_-, R:\AbVNI Al.\9WKCMI1.1 DIORnN I III DATE LOCATION WORK COMPLETED 07/20/09 VIA POQUITO AT AVENIDA DE MISSIONS REMOVED 3 S.F. OF GRAFFITI 07/20/09 BUTTERFIELD STAGE PARK REMOVED 9 S.F. OF GRAFFITI 07/20/09 TARGET SHOPPING CENTER REMOVED 10 S.F. OF GRAFFITI 07/20/09 SANTA GERTRUDIS CREEK AT MARGARITA REMOVED 1,256 S.F. OF GRAFFITI 07/20/09 07/20/09 VIA LOBO AT DEER MEADOW DEER MEADOW AT DONOMORE COURT REMOVED REMOVED 6 S.F. OF GRAFFITI N S.F. OF GRAFFITI 07/20/09 NO. GENERAL KEARNY AT DEER MEADOW REMOVED 1 S.F. OF GRAFFITI II 07/20/09 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 30 S.F. OF GRAFFITI j 07/20/09 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 150 S.F. OF GRAFFITI F SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 100 S.F. OF GRAFFITI , 07/2O/09 29756 NO. GENERAL KEARNY REMOVED 14 S.F. OF GRAFFITI ` 07/27/09 32716 TULLEY RANCH ROAD REMOVED I I 42 S.F. OF GRAFFITI pl 07/21/09 TEMECULA CREEK AT WOLF STORE ROAD REMOVED 200 S.F. OF GRAFFITI 07/21/09 REDHAWK PARKWAY AT TEMECULA CREEK REMOVED 27 S.F. OF GRAFFITI 07/21/09 WABASH AT TEMECULA PARKWAY REMOVED 10 S.F. OF GRAFFITI 07/21/09 TEMECULA CREEK AT REDHAWK PARKWAY REMOVED 51 S.F. OF GRAFFITI IC 07/21/09 RORIPAUGH AT SWALLOW REMOVED I 17 S.F. OF GRAFFITI 07/21/09 STANFORD AT CHANTEMAR REMOVED 33 S.F. OF GRAFFITI 07/21/09 CAMINO CAMPOS VERDES AT SCHOOL REMOVED 3 S.F. OF GRAFFITI j 07/21/09 RORIPAUGH AT SWALLOW COURT REMOVED 17 S.F. OF GRAFFITI 07/21/09 RORIPAUGH AT SENNA REMOVED 7 S.F. OF GRAFFITI 07/21/09 NICOLAS AT JUNE REMOVED 1 S.F. OF GRAFFITI 07/23/09 28585 PUJOL REMOVED 2 S.F. OF GRAFFITI 07/23/09 SOLANA AT YNEZ REMOVED 2 S.F. OF GRAFFITI 07/23/09 McCABE AT VIA MEDIA REMOVED 27 S.F. OF GRAFFITI 07/24/09 RANCHO CALIFORNIA ROAD AT COSMIC REMOVED 34 S.F. OF GRAFFITI 07/27/09 1-15 AT SANTIAGO BRIDGE REMOVED 112 S.F. OF GRAFFITI 07/27/09 AVENIDA DE MISSIONS AT RIO TEMECULA REMOVED 1 S.F. OF GRAFFITI 07/27/09 1-15 AT TOWER PLAZA REMOVED 24 S.F. OF GRAFFITI ii 07/27/09 1-15 AT OVERLAND BRIDGE REMOVED _ 11 S.F. OF GRAFFITI 07/27/09 WINCHESTER BRIDGE AT SANTA GERTRUDIS CREEK REMOVED _ _ 29 S.F. OF GRAFFITI I~ f? IMA1\'1'4I:NM IK(NIN_I' W;R,% TI"I'I DATE LOCATION WORK COMPLETED 07/27/09 WALCOTT AT CALLE GIRASOL REMOVED 3 S.F. OF GRAFFITI 07/27/09 WOLF VALLEY AT WOLF CREEK REMOVED 137 S.F. OF GRAFFITI 07/27/09 MARGARITA AT AVENIDA SONOMA REMOVED 2S.F. OF GRAFFITI 07/28/09 CAMPANULA AT DE PORTOLA REMOVED 2 S.F. OF GRAFFITI 07/28/09 TEMEKU AT CONGRESSIONAL REMOVED 6 S.F. OF GRAFFITI 07/28/09 SOLANA AT MARGARITA REMOVED 92 S.F. OF GRAFFITI 07/28/09 MORAGA ACROSS FROM SCHOOL REMOVED 735 S.F. OF GRAFFITI li 07/28/09 MARGARITA AT STONEWOOD REMOVED I 1 S.F. OF GRAFFITI P 07/28/09 MARGARITA AT MORAGA REMOVED 3 S.F. OF GRAFFITI 07/28/09 CHANTEMAR AT STANFORD REMOVED 7 S.F. OF GRAFFITI 07/28/09 07/28/09 CHANTEMAR AT MANCERA RORIPAUGH AT SWALLOW COURT REMOVED REMOVED 3 S.F. OF GRAFFITI ~l 17 S.F. OF GRAFFITI 07/28/09 RORIPAUGH AT SWEET BRIER CIRCLE REMOVED 2 S.F. OF GRAFFITI 07/28/09 WINCHESTER AT MARGARITA REMOVED 1 S. F. OF GRAFFITI 07/28/09 CAMPOS VERDES AT MARGARITA REMOVED _ 3 S.F. OF GRAFFITI 07/28/09 WINCHESTER AT RUSTIC GLEN REMOVED 13 S. F. OF GRAFFITI 07/28/09 RUSTIC GLEN FROM MARGARITA TO WINCHESTER REMOVED 31 S.F. OF GRAFFITI i' 07/30/09 32420 ROSADO COURT REMOVED 50 S.F. OF GRAFFITI 07/30/09 DE PORTOLA AT CAMPANULA REMOVED 2 S.F. OF GRAFFITI II i p li TOTAL S.F. GRAFFITI REMOVED 5,340 Ii TOTAL LOCATIONS 139 5O H O N W D O z F U O t- a W O 0 J LL 7 W U) z I } Q a a a ww U. z Q M OM ~ ti ~ ~ ~ O C ti ~ 'y w ro C. a ro ~ C ti ~ ~ ~ N O. ~ u o L o z L ~ a C`J H ~ M ~ M ? 00 O N CMi 00 O M tr) w w Imo, ti cC w ~ ~ ~ ~ i w ~ 4 ~ ~ y o 4 6l "Q z L y ~ ca a 00 ~Y v o0 O Q ~ O H 00 00000 000 0000000 000 000 000 00 000 00 000 0000000000 000 000 ~~M O~lCf~O ~OO1n t~M rOCO) nt~M Orin l~M ~ Bch r!'[F'c7" etM MMM MNN NN Nr rrr r CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JULY, 2009 DATE REC'D OCATION EQUEST DATE WORK COMPLETED r 06/19/09 27147 GREENSTONE STREET WEEDS 06/19/09 06/29/09 43620 RIDGE PARK DRIVE WEEDS 07/02/09 06/30/09 30289 COUTE COELHO DEBRIS 07/02/09 06/340/09 31012 DULCE COURT TREE 07/02/09 06/30/09 31008 DULCE COURT TREE 07/02/09 06/30/09 33015 ROMERO DRIVE TREE 07/01/09 06/30/09 28545 OLD TOWN FRONT STREET RELOCATION OF TRASH BARREL 06/30/09 07/01/09 MEADOWS PARKWAY AT LEENA WAY SIGN REPAIR 07/01/09 07/01/09 LOMA LINDA AT TEMECULA LANE GRAFFITI 07/01/09 I` 07/01/09 45863 PIUTE GRAFFITI 07/01/09 07/01/09 43395 MANZANO DRIVE TREE 07/02/09 07/01/09 LOMA LINDA AT WHITE SAGE GRAFFITI 07/02/09 07/02/09 LA SERENA AT PROMENADE CHARDONNAY HILLS GRAFFITI 07/06/09 07/02/09 HEITZ LANE AT PROMENADE CHARDONNAY HILLS GRAFFITI 07/02/09 II 07/02/09 CAMINO CARUNA AT CAMINO HERENCIA ASPHALT 07/02/09 07/02/09 DE PORTOLA AT VIA SABINO DEBRIS 07/02/09 07/03/09 MEADOWS PARKWAY AT VIA REINA GRAFFITI 07/06/09 07/04/09 MEADOWS PARKWAY AT VIA REINA GRAFFITI 07/06/09 07/06/09 MEADOWS PARKWAY AT CAMPANULA GRAFFITI 07/06/09 j 07/06/09 MEADOWS PARKWAY AT VIA REINA GRAFFITI 07/06/09 07/06/09 PRIMROSE AT PEACH TREE GRAFFITI 07/06/09 07/06/09 PEACH TREE GRAFFITI 07/06/09 07/06/09 46196 VIA LA COLORADA GRAFFITI 07/06/09 07/06/09 33213 CALLESITO FADRIQUE GRAFFITI 07/06/09 MORAGA AT RANCHO CALIFORNIA ROAD DEBRIS 07/06/09 S MORAGA BTWN. RANCHO CALIFORNIA & MARGARITA DEBRIS 07/06/09 07/O6/09 CAMINO ROMO AT RANCHO VISTA SIGN 07/06/09 RANIA IN I'A INMRKC0XIPLl lm mm DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 07/06/09 MEADOWS PARKWAY, BUTTERFIELD STAGE ROAD GRAFFITI 07/06/09 07/06/09 STONEWOOD AT MARGARITA CATCH BASIN 07/07/09 07/07/09 CALLE MEDUSA AT NICOLAS ROAD ASPHALT REPAIR 07/07/09 07/08/09 MORAGA BTW N. MARGARITA AND RANCHO CALIFORNIA DEBRIS 07/08/09 07/08/09 WOLF CREEK AT PECHANGA GRAFFITI 07/08/09 07/08/09 LOGGER TRAIL AT CEDAR CREST GRAFFITI 07/08/09 07/09/09 07/09/09 41883 BOREALIS DRIVE 32070 CAMINO GUARDA TREE GRAFFITI 07/09/09 07/09/09 07/09/09 41926 CAMINO CASANA DEBRIS 07/10/09 j 07/10/09 NORTHSHIRE CIRCLE AT CROWNE HILL DEBRIS 07/10/09 07/10/09 MARGARITA AT GEORGETOWN SIGN REPAIR 07/10/09 07/10/09 SANDERLING AT RORIPAUGH ROAD GRAFFITI 07/10/09 07/10/09 40787 CALLE MEDUSA GRAFFITI I 07/13/09 07/11/09 YNEZ ROAD AT RANCHO VISTA GRAFFITI 07/14/09 07/13/09 LOW FLOW GATE REPAIR 07/13/09 07/13/09 LIVE OAK AT FIRESIDE GRAFFITI 07/73/09 j 07/14/09 AVENIDA CIMA DEL SOL AT MARGARITA CATCH BASIN 07/14/09 07/14/09 40520 CHANTILLY GRAFFITI 07/15/09 07/14/09 MARGARITA AT PASEO BRILLANTE DEBRIS 07/14/09 'I 07/15/09 MORAGA ROAD DEBRIS 07/15/09 07/15/09 LA SERENA AT BUTTERFIELD STAGE ROAD DEBRIS 07/15/09 07/15/09 41388 YUBA CIRCLE GRAFFITI 07/15/09 I~ 07/15/09 MARGARITA AT SOLANA DEBRIS 07/15/09 07/15/09 WINCHESTER AT MARGARITA DEBRIS 07/15/09 07/15/09 42825 NORTH STAR BEES 07/16/09 07/16/09 42105 VIA CUESTA AL SOL GRAFFITI 07/16/09 j I 07/16/09 VIA CUESTA AL SOL GRAFFITI 07/76/09 07/16/09 CALLE FUEGO AT SOLANA WAY GRAFFITI 07/16/09 07/16/09 41081 PROMENADE CHARDONNAY HILLS GRAFFITI 07/16/09 07/16/09 AVENIDA BARCA AT PIUTE GRAFFITI 07/16/09 07/16/09 BISON COURT AT SEASTAR GRAFFITI 07/16/09 07/17/09 MARGARITA AT PASEO BRILLANTE DEBRIS i 07/17/09 07/17/09 40257 PASEO DEL CIELO TREE 07/20/09 R'.IMAINI AI hlAVIM ONIIT IITSORS\ DATE RECD LOCATION REQUEST DATE WORK ~I COMPLETED 07/20/09 ORANGE BLOSSOM AT MARGARITA DEBRIS 07/20/09 07/20/09 MARGARITA AT MORAGA DEBRIS 07/20/09 ~j 07/20/09 CALLE PINA COLADA AT DEL MAR GRAFFITI 07/202 07/20/09 SONORA COURT SWEEPER ISSUE 07/20/09 I~ 07/20/09 STANFORD AT CHANTEMAR GRAFFITI 07/20/09 07/20/09 WABASH ATTEMECULA PARKWAY GRAFFITI 07/20/09 07/20/09 STANFORD ROAD GRAFFITI 07/20/09 07/21/09 TULLEY RANCH ROAD (GREEN BELT) GRAFFITI 07/20/09 07/22/09 MEADOWS PARKWAY BTWN. LEENA & DE PORTOLA GRAFFITI 07/22/09 07/24/09 RANCHO CALIFORNIA WAY AT COSMIC DEBRIS 07/24/09 07/27/09 MARGARITA AT MORAGA GRAFFITI 07/28/09 07/27/09 CHANTEMAR AT STANFORD GRAFFITI 07/28/09 07/27/09 MARGARITA AT STONEWOOD GRAFFITI 07/28/09 07/27/09 31171 DOG LEG CIRCLE DEBRIS 07/27/09 07/28/09 07/28/09 WOLF VALLEY AT CAMINITO OLITE MARGARITA AT MORAGA GRAFFITI DEBRIS 07/29/09 i 07/28/09 07/30/09 DORCHESTER AT SCARBOROUGH CATCH BASIN 07/30/09 07/30/09 CALLE PINA COLADA AT VIA NORTE GRAFFITI 07/30/09 07/30/09 CONGRESSIONAL AT TEMEKU DRIVE GRAFFITI 07/30/09 l 07/30/09 ROSADO COURT AT DODARO DRIVE GRAFFITI 07/30/09 07/31/09 VIA NORTE AT CALLE PINA COLADA GRAFFITI 07/31/09 07/31/09 40816 CEBU DRIVE CATCH BASIN 07/31/09 07/31/09 SOLANA BETWEEN MARGARITA AND YNEZ GRAFFITI 07/31/09 07/31/09 SOLANA AT MARGARITA GRAFFITI 07/31/09 ~I TOTAL SERVICE ORDER REQUESTS 84 i II R VNIAIk'IW W\WRK(0Mfl I MSORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JULY, 2009 DATE 07/01/09 LOCATION PECHANGA PARKWAY WORK COMPLETED _ JI NEW INSTALL 10 K-MARKERS 07/01/09 MEADOWS PARKWAY AT LEENA ROAD REPLACED :1:R:4:-7:& 1 K-MARKER 07/02/09 WINCHESTER AT RORIPAUGH REPAIR 1 R2-25 07/02/09 MARGARITA AT SOLANA REPLACED R3-7 07/02/09 SOLANA WAY BETWEEN YNEZ & MARGARITA REPLACED 4 R26-COMBOS 07/07/09 CAMPANULA AT DE PORTOLA REPLACED R26-COMBO & R-81 07/07/09 PECHANGA AT DEER HOLLOW NEW INSTALL "C" PACKAGE 07/07/09 VAIL RANCH AT REDHAWK NEW INSTALL 2 R-26D & 2 R-81 07/07/09 CAMPANULA AT DE PORTOLA REPAIRED 2 DELINEATORS 07/07/09 RANCHO VISTA AT VIA EL GRECO NEW INSTALL 2 CARSONITES 07/07/09 MARGARITA AT MORAGA REPAIR W1-7 & OM 1-3 07/10/09 32070 CAMINO GUARDA REPLACED W13-1 07/10/09 MARGARITA AT GEORGETOWN REPLACED 2 DELINEATORS 07/13/09 DEL REY AT SOLANA WAY REPLACED 1 TYPE L'S YELLOW 07/13/09 TEMECULA PARKWAY AT KEVIN PLACE REPLACED R4-7 07/14/09 MASHIE AT BALATA REPAIR R1-1 07/14/09 RANCHO CALIFORNIA ROAD AT OLD TOWN FRONT REPAIR R3-5 07/14/09 WINCHESTER AT NICOLAS REPAIR 4 DELINEATORS 07/14/09 REDHAWK AT OVERLAND TRAIL REPAIR 5 DELINEATORS 07/16/09 MEADOWS PARKWAY AT EMPEZAR STREET REPLACED R4-7 07/17/09 PECHANGA AT RAINBOW CANYON REPAIR R-26 07/21/09 PECHANGA PARKWAY NEW INSTALL 18 TYPE "K" MARKERS 07/21/09 RAINBOW CANYON AT GOLF COURSE NEW INSTALL 4 W 11-1 & 2 W16-7P 07/22/09 MEADOWS PARKWAY AT EMPEZAR STREET REPLACE TYPE K 07/22/09 RANCHO VISTA AT CAMINO ROMO REPLACED SNS 07/22/09 CALLE PINA COLADA AT DEL REY REPAIR R1-1 R WAIN I AIN\ W KCMPIdD\SIONM DATE LOCATION WORK COMPLETED 07/27/09 MARGARITA AT OVERLAND REPAIR 07/22/09 WINCHESTER AT RUSTIC GLEN REPAIR 07/22/09 RORIPAUGH AT STARLING REPAIR 07/23/09 TEMECULA PARKWAY AT COUNTRY GLEN REPAIR 5 07/24/09 MARGARITA AT PIO PICO REPAIR 07/24/09 MARGARITA AT HONORS REPAIR 07/27/09 TEMECULA PARKWAY AT PECHANGA REPAIR R7-55 07/28/09 CAMPOS VERDES AT MANCERA REPAIR R26 / 81 07/28/09 NO. GENERAL KEARNY AT MARGARITA REPLACED W3-3 07/28/09 RUSTIC GLEN AT WINCHESTER REPAIR R3-2 07/30/09 DE PORTOLA AT CAMPANULA REPLACED 94-7 TOTAL SIGNS REPLACED 20 TOTAL SIGNS INSTALLED 41 TOTAL SIGNS REPAIRED 28 R_WAIN fAI NMK(MPOU\MGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF JULY, 2009 DATE LOCATION WORK COMPLETED 07/01/09 RANCHO VISTA ROAD REPAINTED 11 LEGENDS 07/06/09 CITY WIDE SCHOOL LEGENDS REPAINTED 23 LEGENDS 07/07/09 AREA #5 SCHOOL LEGENDS REPAINTED 15 LEGENDS 07/08/09 AREA #5 SCHOOL LEGENDS REPAINTED 15 LEGENDS 07/09/09 AREA #5 SCHOOL LEGENDS REPAINTED 9 LEGENDS 07/10/09 CAMPANULA AT AVENIDA CIMA DEL SOL REPAINTED 420 SQ. FT. OF WHITE LINE 07/14/09 WINCHESTER AT NICOLAS REPAINTED 22 PARKING STALLS 07/14/09 WINCHESTER AT NICOLAS REPAINTED 146 LEGENDS 07/17/09 MARGARITA AT SOLANA REPAINTED 18 LEGENDS 07/20/09 NIGHT WORK/ CITY WIDE REPAINTED 35 LEGENDS 07/23/09 NIGHT WORK/CITYWIDE REPAINTED 21 LEGENDS 07/27/09 SCHOOL LEGENDS REPAINTED 17 LEGENDS 07/28/09 SCHOOL LEGENDS REPAINTED 26 LEGENDS 07/29/09 SCHOOL LEGENDS REPAINTED 23 LEGENDS TOTAL NEW & REPAINTED LEGENDS 407 NEW & REPAINTED RED CURB & STRIPING L.F. 0 R:WAIN 'I'.V iMN'RKC0.\11'IaIT.S I RI I'INf, CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OIL"-WAY TREE TRIMMING MONTH OF JULY, 2009 DATE LOCATION WORK COMPLETED 07/01/09 33015 ROMERO TRIMMED 1 R.O.W. TREES 07/02/09 MARGARITA AT YNEZ TRIMMED 1 R.O.W. TREES 07/09/09 MARGARITA AT RANCHO CALIFORNIA ROAD TRIMMED 2 R.O.W. TREES 07/09/09 MARGARITA AT HONORS TRIMMED 3 R.O.W. TREES 07/09/09 MARGARITA AT MORAGA TRIMMED 1 R.O.W. TREES 07/09/09 MARGARITA AT COURTNEY TRIMMED 1 R.O.W. TREES 07/09/09 MARGARITA AT OVERLAND TRIMMED 2 R.O.W. TREES 07/09/09 MARGARITA AT NO. GENERAL KEARNY TRIMMED 1 R.O.W. TREES 07/09/09 CAMPOS VERDES AT NO. GENERAL KEARNY TRIMMED 3 R.O.W. TREES 07/09/09 MARGARITA AT NO. GENERAL KEARNY TRIMMED 2 R.O.W. TREES 07/09/09 MARGARITA AT AVENIDA BARCA TRIMMED 1 R.O.W. TREES 07/09/09 PAUBA AT LA PRIMAVERA TRIMMED 2 R.O.W. TREES 07/10/09 30661 SOUTHERN CROSS TRIMMED 1 R.O.W. TREES 07/16/09 MARGARITA AT PAUBA TRIMMED 1 R.O.W. TREES 07/16/09 29778 VIA PUESTA DEL SOL TRIMMED 1 R.O.W. TREES 07/16/09 MEADOWS PARKWAY AT RANCHO VISTA TRIMMED 1 R.O.W. TREES 07/20/09 40257 PASEO DEL CIELO TRIMMED 3 R.O.W. TREES 07/28/09 MARGARITA AT MORAGA TRIMMED 1 R.O.W. TREES 07/28/09 CAMPOS VERDES AT MANCERA TRIMMED 1 R.O.W. TREES 07/28/09 NO. GENERAL KEARNY AT CAMPOS VERDES TRIMMED 1 R.O.W. TREES 07/30/09 42056 HUMBER TRIMMED 4 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 34 R VMAIN']%1:MWRKCOMP1 DAlRlJS CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report July / August 2009 Prepared by: Amer Attar Submitted by: Greg Butler Date: 8/25/2009 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in June of 2009. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Diaz Road from Rancho California Road to Winchester Road. Contract work is complete. The 90-day landscape maintenance period was completed effective 7/1/09. Turnover of the project to the City was made effective 7/9/09, after a final walk-through. Project acceptance by City Council is scheduled for 08/11/09. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work near completion in the Town Square and the Fountain is fully functional. Various specialty items and added work will extend the completion date through August 2009. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @ Pechanga Rd. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has essentially completed the roadway improvements. The remaining work includes landscaping/irrigation & some change order work. The extra work includes landscape & irrigation work as well as the construction of dual right turn lanes at Temecula Pkwy. Because of the added work, completion of the project is anticipated for Sept/Oct 2009. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site as well as construction of a parking structure, including office frontage shell space. Construction of elevated slabs is complete. B occupancy structure erection and interior parking structure improvements are ongoing. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of FEMA reimbursement funding. Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on foundations and structural steel erection. Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated completion date of the project is October 2009. The Escallier house and barn have been fumigated for termites. Dry rot & termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1 month. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09. All base paving work is complete, corrective grinding measures to improve ride-ability on the south (eastbound) side and cap paving for the south side and center median area is scheduled for the week of 8/17/09. Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. Construction began on June 3, 2009 and is anticipated to be completed by December 2009. Contractor is working at night on the dig-out sections between Moraga Road and Margarita Road. Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton Way / Channel St This project will install a new traffic signal on Butterfield Stage Road at Welton Way / Channel Street. Work began on July 6, 2009 and is anticipated to be completed in August 2009. Foundations have been poured and conduit has been installed. Contractor is replacing concrete panels. Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work began on July 6, 2009 and is anticipated to be completed in August 2009. Foundations have been poured and conduit has been installed. Contractor is replacing concrete panels. Citywide Slurry Seal Project FY08-09 This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. Contract was awarded at the May 26, 2009 Council meeting. This project is complete. We are waiting on the final inspection report to issue Notice of Completion. Street Striping Program FY 2009-10 This project will refresh old striping throughout the City. Bids were opened on June 23, 2009 and Pacific Striping, Inc. was the low bidder. The contract was awarded at the July 14, 2009 City Council meeting. The City signed Contracts are back with the City and are in the process of create a PO. A Pre Con will be set up pending the City issuance of a Purchase Order. Citywide Concrete Repairs FY 2008-09 This project will replace concrete at various locations in the City. Bids were opened on June 2, 2009. The contract was awarded to B & T Works, Inc. at the June 23, 2009 Council meeting. The contractor started work on July 27, 2009 and is scheduled to be completed by early September 2009. Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Project is scheduled to go to council on August 25, 2009 to award contract to contractor. PROJECTS IN DESIGN Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15 This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements- Stage I. The wetlands will be created through the construction of new landscape & irrigation systems. The site is located along the north bank of Temecula Creek (within flood-plain/way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. The contract bid documents were reviewed and will be revised to incorporate all of the corrections. Offers for purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 mtg. The proposed improvements cannot be implemented until the City obtain possession of the properties. Currently, the City is communicating with the various regulatory agencies concerning an alternative mitigation strategy suggested by the State Department of Fish & Game. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. The 90% plan comments have been returned to the consultant for corrections. The consultant has submitted a proposal for additional scope of work. The City Council approved an amendment to the consultant contract at the 08-11-09 Council Meeting. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of technical reports to Caltrans is anticipated in August'09. The draft 100% PS&E package was received from the design consultant on 2/17/09, and staff review is complete. Comments on draft 100% plans is expected to be resubmitted to design consultant in August'09. Mitigation for the project, previously not expected, has become a potential requirement, discussions are underway with the resource agencies to clarify. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08, technical reports were submitted to Caltrans on 5/13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans is anticipated in August'09. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration (MND) has been noticed and the response to comments is being prepared. Redhawk Park Improvements This project will add amenities to four park sites in the Redhawk area. Due to budgetary constraints, the construction was divided into phases over a number of years. At the December 11, 2007 meeting, the City Council approved an agreement with RJM for the construction drawings of the chosen amenities, which include a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park, a seatwall and shade structure at Sunset Park. Authorization to advertise for construction bids was received from the Community Services District Board of Directors at the 6/23/09 meeting. The project will be advertised for bids during the next period. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP for this project is being reviewed and may change the configuration of the detention basins. This project is currently on hold. Pechanga Pkwy-Dual Right Turn Lanes from Temecula Parkway (SR 79S) This project includes the design and construction of 2 right-turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. The Pechanga Pkwy Ph II St Improvements' contractor is currently constructing this work, as a change order to their contract. Construction is anticipated to be complete by Sept 2009. Santiago Detention Basin This project includes the design and construction of a detention basin, which is 1 acre in size and located on the south side of Santiago Rd between Vallejo Ave & Orsmby Rd. Plans and Specifications (P&S) are 99% complete. The environmental reports are being updated. Upon completion of the P&S, the bid documents will be finalized. This project has been de-funded in the new CIP budget and will be shelved. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The 100% design package has been reviewed and upon completion of these revisions it will be submitted to Caltrans for construction authorization. Submittal is expected during the next period. French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design work. Status is as follows: > PS&E - City is preparing 95% Plans, Specifications, and Estimate. > Right of Way - Establishing limits of dedication. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - Pothole of existing utilities within APE are complete. > Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. Other: > Maintenance Agreement - City preparing exhibit for first draft. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. Pavement Management Program Update This project will update the City's Pavement Management Program (PMP) for the years 2008-2013. The consultant is finalizing City comments and developing a least cost financial scenario for inclusion into the final report which will be completed over the next period. Long Canyon Detention Basin - Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. 30% design plans have been submitted by the consultant for review. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement for the street improvement design with David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. 60% plans are being reviewed by staff. Roripaugh Ranch Street Improvements - Phase I Phase I includes the construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC/So Loop Rd and getting the Fire Station functional. Currently, liens have been resolved and settlements have been reached. Thus, staff was given formal direction to proceed with the design of this project. Staff is working on the Bid Package. The developer will start to work on the R/W acquisition and perform all their MOU commitments. The City will obtain contracts for all applicable design consultant to proceed with the design. PROJECTS IN THE PLANNING STAGE 1-15 / SR 79S Ultimate Interchange This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. City continued development of design geometrics, technical studies, and reports. Status of outstanding items are as follows: > Project Report - Under Caltrans review. > Supplemental Fact Sheet - Under Caltrans review. > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval pending approval of the Final Environmental Document. > Geometric Approval Drawings - Under Caltrans review. > Final Environmental Document - Approved June 2009. > Life Cycle Cost Analysis - Under Caltrans review. French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements (PA & ED) This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. City continued development of the Project Report and Environmental Document. Status is as follows: > Draft Project Report - Approved June 2006. > Project Report - City preparing 1 st draft. > Draft Environmental Document - Approved April 2009. > New Connection Report (NCR) - Letter of Acceptability received in July 2008. > Traffic Operations Analysis - Approved 02/05/08. > Exception to 20-yr Traffic Design - Approved 12/17/07. > Stormwater Data Report - Under Caltrans review. > Mandatory Design Exceptions - Approved 07/18/06. > Advisory Design Exceptions - Approved 07/18/06. > Exception to Ramp Metering Policy - Approved 07/05/06. > Geometric Approval Drawings - Approved 07/18/06. > Revised Geometric Approval Drawings - Approved 01/11/08. > Storm Drain Study - Approved 03/21/08. > Floodplain and Scour Analysis Report - Approved Oct 2008. > Final Environmental Document - City preparing first draft. Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > Risk Management Plan - Updating as necessary. > Project Charter - 1st draft is under Caltrans review. > Maintenance Agreement - Preparing 1st submittal for Caltrans review. > Financial Plan - Updating as necessary. Temecula Creek Crossing - Access to Highway 79 South (Temecula Parkway) The project consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is pending allocation of funds for design. CITY OF TEMECULA PAGE 1 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID bid date) PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be Contractor: Tovey Shultz Construction, Inc. completed when the mainline utilities are installed, which the City is undertaking - PW03-01 I Contract Amount: $3,298,000 David McBride 97%(9109) 93% estimated start in September of 2009. Afire engineRruck venting system Approved Change Orders: $212,768.24 (requested/added on 2/06) will be installed when the Contractor re-mobilizes, this cost is Account No. 210-165-741 also included in the approved change order total. City Property at Diaz Road and Dendy Parkway This project provided for the rough grading of the vacant City property at Diaz Road and (Northwest RDA Property) - Rough Grading Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including PW06-03 I Contractor: Skanska David McBride Complete 100% hydroseeding, was completed in December of 2008. A notice of completion was approved Final Contract Cost $5,948,799.71 by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Contractor: IAC Engineering, Inc. Diaz Road from Rancho California Road to Winchester Road. Contract work is complete. PW01-27 I ContractAmount: $1,308,148.48 Jon Salazarl 100% (02109) 100% The 90-day landscape maintenance period was completed effective 7/1/09. Turnover of Approved Change Orders (1-12): $217,447.09 Amer Attar the project to the City was made effective 7/9/09, after a final walk-through. Project Account No. 210-190-142-58XX acceptance by City Council is scheduled for 08/11/09. Old Town Infrastructure Project-Town Square and This project involves construction of the Town Square and street improvements on Mercedes & Main Street Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, Contractor: LH Engineering Contract Amt: sewer, and water improvements are complete and all the roadways are paved. Work near PW06-07 I $3,458,495.00 Approved Change Order(s) $ 252,298.15 David McBride ° 99/° (9109) ° 95% completion in the Town Square and the Fountain is fully functional. Various specialty { } 1C & 1 E items and added work will extend the completion date through August 2009. Account Nos.: 210-165-636 210-165-643 Pechanga Parkway Phase Ii Street Improvements This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to from Temecula Parkway to City Limits @ Pechanga Pechanga Rd. The contractor has essentially completed the roadway improvements. The PW99-11 Rd. Mayra De La remaining work includes Ian dscaping/irrigation & some change order work. The extra work (Ph II) I Contractor: All American Asphalt tr Torre/Amer ° 98 f° 70% includes landscape & irrigation work as well as the construction of dual right turn lanes at Con act Amount: $8,131,964.98 Attar tar Temecula Pkwy. Because of the added work, completion of the project is anticipated for Account No. 210-165-668-58XX Sept/Oct 2009. Old Town Infrastructure Projects This project includes the site grading and retaining walls for the Civic Center & the Parking - Parking Structure & Office/Retail Frontage Structure site as well as construction of a parking structure, including office frontage shell PW06-07 David space. Construction of elevated slabs is complete. B occupancy structure erection and (1 D) I Contractor: PGL Construction Contract Amount: $15 797 010.00 McBridel Bill 62%(12109) 54% interior parking structure improvements are ongoing. , , Approved Change Orders: ($279,042.69) McAteer Account No. 210-165-644 Ronald Reagan Sports Park Channel Silt Removal & This project includes restoring the Best Management Practices (BMP) of the Stormwater Desiltation Pond Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and Contractor: Sean Malek William ° the requirements of RWQCB by desilting the basin located near the Sports Park. 401 PW05-13 I Engineering Contract Amount: $315,510 Becerral Avlin 0 o% Certification Streambed Alteration Agreement and Nationwide Permits have been Account No. 210-190-187-58XX Odviar Odvi , , acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of FEMA reimbursement funding. CITY OF TEMECULA PAGE 2 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on PW06-07 Contractor: Edge Development Bill McAteer/ foundations and structural steel erection. Ph2 I Contract Amount: $31,555,500 David McBride 24%(9110) 21% Approved Change Orders: $43,326 Account No. 210-165-751-58XX Temecula Community Center Expansion Work began on January 13, 2009. The building is currently being framed. The anticipated Contractor: Erickson-Hall Construction Company completion date of the project is October 2009. The Escallier house and barn have been Contract Amount: $1,184,000.00 William fumigated for termites. Dry rot & termite infested wood has been removed and replaced. PW06-05 III Becerral 69°f° 83% Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1 Account No. 210-190-197 McBride month. De Portola Road Pavement Rehabilitation Project This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to (from Jedediah Smith to Margarita) Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09. PW06 10 I Contractor: Hardy & Harper, Inc. t t t $ Jon Salazar/ 94% 45% All base paving work is complete; corrective grinding measures to improve ride-ability on - Con rac Amoun : 1,161,000 Approved Change Orders (1-3): $166,002.01 Amer Attar the south (eastbound) side and cap paving for the south side and center median area is scheduled for the week of 8/17/09. Account No. 210-165-656-58XX Pavement Rehabilitation Rancho California Road This project will rehabilitate Rancho California Road from Ynez Road to the City limits on (Ynez to East City Limit) - STPL Project Kendra the east. Construction began on June 3, 2009 and is anticipated to be completed by PW06-14 I Contractor: All American Asphalt Hannah- 42%(12109) 6% December 2009. Contractor is working at night on the dig-out sections between Moraga ContractAmt: $3,666,004.25 Meistrell! Road and Margarita Road Avlin Odviar . Account No. 210-165-657 Traffic Signal Installation - Citywide, Butterfield Stage This project will install a new traffic signal on Butterfield Stage Road at Welton Way / Rd at Welton Way I Channel St Kendra Channel Street. Work began on July 6, 2009 and is anticipated to be completed in August PW07-09 I Contractor: Christopher R. Morales, Inc. Hannah- 67%(8109) 34% 2009. Foundations have been poured and conduit has been installed. Contractor is Contract Amount: $323,893.00 Meistrell f replacing concrete panels Avlin Odviar . Account No. 210-165-669-58XX Traffic Signal Installation - Citywide, Meadows Pkwy This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work at McCabe Dr Kendra began on July 6, 2009 and is anticipated to be completed in August 2009. Foundations PW07-10 I Contractor: Christopher R Morales, Inc. Hannah- 67%(8/09) 34% have been poured and conduit has been installed. Contractor is replacing concrete Contract Amount: $323,983.00 Meistrell! panels Avlin Odviar . Account No. 210-165-672-58XX Citywide Slurry Seal Project FY08-09 Chris White 1 This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. Contract PW 09-01 I Contractor: Pavement Coating Company Mayra De La 100% 35% was awarded at the May 26, 2009 Council meeting. This project is complete. We are Contract Amount: $323,817.17 Torre waiting on the final inspection report to issue Notice of Completion. Account No. 001-164-601-54XX Street Striping Program FY 2009-10 This project will refresh old striping throughout the City. Bids were opened on June 23, Contractor: Pacific Striping, Inc. Chris White 1 2009 and Pacific Striping, Inc. was the low bidder. The contract was awarded at the July PW09-04 I Contract Amount: $111,925.00 Mayra De La 0% 0% 14, 2009 City Council meeting. The City signed Contracts are back with the City and are in Account No. 001 -1 64-601-54xx Torre the process of create a PO. A Pre Con will be set up pending the City issuance of a Purchase Order. CITY OF TEMECULA PAGE 3 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Citywide Concrete Repairs FY 2008-09 This project will replace concrete at various locations in the City. Bids were opened on Contractor: B & T Works, Inc. Chris June 2, 2009. The contract was awarded to B & T Works, Inc. at the June 23, 2009 PW09-03 I Contract amount of $113,915.55 White/Mayra 43% 0% Council meeting. The contractor started work on July 27, 2009 and is scheduled to be Account No. 001 -1 64-601-54xx De La Torre completed by early September 2009. Traffic Signal Interconnect Equipment Installation Chris This project will install traffic signal interconnect equipment on Margarita Road, form PW04-05 I Contractor: High-Light Electric, Inc. White/Mayra 0% 0% Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Project is Contract Amount: $211,878.00 De La Torre scheduled to go to council on August 25, 2009 to award contract to contractor. Account No. 210-165-712-58xx PROJECTS BEING DESIGNED BY CONSULTANTS Re-Stripe Route 79 South to 8 lanes from Pechanga This project will provide four lanes in each direction on Temecula Parkway (formerly State Parkway to 1-15 Kendra Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans PW07-08 I Consultant: JMD Hannah- 60%(07/09) 50% requirements to do the striping. Amount: $29,210.00 Iin Oell J Avlin dviar Account No. 210-165-676-58XX Pechanga Parkway Storm Drain Improvements- This project includes the construction of new wetlands for the Wolf Valley Creek Channel Environmental Mitigation Improvements-Stage 1. The wetlands will be created through the construction of new landscape & irrigation systems. The site is located along the north bank of Temecula Consultants: Community Works Design Creek (within flood-plain/way areas). The environmental regulatory agencies have PW99- Contract Amount: $29,840 M D L approved this new mitigation area. Mylars are ready for signature. The contract bid I ayra e a 98% 98% documents were reviewed and will be revised to incorporate all of the corrections. Offers 11 EM Account No. 210-165-668-58XX Torre for purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 mtg. The proposed improvements cannot be implemented until the City obtain possession of the properties. Currently, the City is communicating with the various regulatory agencies concerning an alternative mitigation strategy suggested by the State Department of Fish & Game. Murrieta Creek Bridge and Overland Drive Extension The project includes the extension of Overland Drive from Commerce Center Drive to Diaz from Commerce Center to Diaz Rd Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Chris White/ Corps of Engineers and the state environmental regulatory agencies is required. The 90% PW00-26 I Consultant: Project Design Consultants Mayra De La 90% 90% plan comments have been returned to the consultant for corrections. The consultant has Contract Amount: $466,940 Torre submitted a proposal for additional scope of work. The City Council approved an Account No. 210-165-602-58XX amendment to the consultant contract at the 08-11-09 Council Meeting. Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement) consultant Simon Wong Engineering (SWE) and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Amendment No. 1: Contract term extension Amendment No 2: Contract term extension Jon Salazar/ 92% (Phases I Improvement project. Comments on the environmental technical reports were received PW03-05 I Amendment No. 3: $322,305 Amer Attar 96%(8109) & II) - 97% from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of Amendment No. 4: $24,063 (RCWD waterline) (Phase 3) technical reports to Caltrans is anticipated in August'09. The draft 100% PS&E package was received from the design consultant on 2/17/09, and staff review is complete. Account No. 210-165-743-58XX Comments on draft 100% plans is expected to be resubmitted to design consultant in August '09. Mitigation for the project, previously not expected, has become a potential requirement; discussions are underway with the resource agencies to clarify. CITY OF TEMECULA PAGE 4 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 074 PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' ped/bike bridge over Santa Creek Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a Consultant: Nolte Associates NEPA document. The approved Preliminary Environmental Study (PES) form was Contract Amount: $132,807 Jon Salazar! received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on PW05-11 I Account No. 210-165-738-58XX Amer Attar 98°l° (8109) 74% 5/13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans is anticipated in August '09. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new Consultant: TYLIN International bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension Contract Amt: $378, 76.20 William of Pujol Street to the new structure. Once constructed, this will serve as the southerly PW06-04 I $ Amen Amendment ent 2 Amt: : $244,824.80 Becerral Avlin 70% 70% connection of the Western Bypass Corridor. Design is underway. Geotechnical Account No. 210-165-660-58XX Ociviar investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration (MND) has been noticed and the response to comments is being prepared. Redhawk Park Improvements This project will add amenities to four park sites in the Redhawk area. Due to budgetary Consultant: RJM Design Group, Inc. constraints, the construction was divided into phases over a number of years. At the Contract Amount: $164,574 Kendra December 11, 2007 meeting, the City Council approved an agreement with RJM for the PW06-06 I Account No. 210-190-144-58XX Hannah- 100% (06109) 80% construction drawings of the chosen amenities, which include a half court basketball court, Meistrell I ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and Avlin Odviar shade structure at Sunset Park. Authorization to advertise for construction bids was received from the Community Services District Board of Directors at the 6/23/09 meeting. The project will be advertised for bids during the next period. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for Design Develo mentAAE Inc. Bill McAteerI revision and resubmittal. The WQMP for this project is being reviewed and may change PW06-09 I , Con tact amount $109,085 David McBride 75% 75% the configuration of the detention basins. This project is currently on hold. Amendment #1 $20,500 Account No. 210-165-747-58XX Pechanga Pkwy-Dual Right Turn Lanes from This project includes the design and construction of 2 right-turn lanes on eastbound Temecula Parkway (SR 79S) Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of PW06-11 I Consultant: Cozad & Fox Mayra De La 100% 99% Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. The Pechanga Contract Amount: $29,010 Torre Pkwy Ph II St Improvements' contractor is currently constructing this work, as a change Account No. 210-165-637-58XX order to their contract. Construction is anticipated to be complete by Sept 2009. Santiago Detention Basin This project includes the design and construction of a detention basin, which is 1 acre in Consultant: Kimley Horn size and located on the south side of Santiago Rd between Vallejo Ave & Orsmby Rd. PW06-12 I Contract Amount: $65,250 Mayra De La 95% 95% Plans and Specifications (P&S) are 99% complete. The environmental reports are being Account No. 210-165-666-58XX Torre updated. Upon completion of the P&S, the bid documents will be finalized. This project has been de-funded in the new CIP budget and will be shelved. CITY OF TEMECULA PAGE 5 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Vlrnchester Road / State Route 79 North - North This federally funded project will design and construct landscaping and irrigation Corridor Beautification enhancements to the existing raised medians along Winchester Road between Ynez PW06-15 I Consultant: RBF Agreement Amount: $ 179,916.00 David McBride 99% 99% Road and the easterly City limits. The 100% design package has been reviewed and upon Approved EVVA's: $ 6,000 completion of these revisions it will be submitted to Caltrans for construction authorization. Submittal is expected during the next period. Account No. 210-165-638 French Valley Parkway / Interstate 15 over-Crossing A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over and Interchange Improvements- Phase 1 (PS&E) Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Consultant: Moffatt & Nichol Phase 1. City continued the design work. Status is as follows: Amend. No. 1: $ 507,881.00 4: $ . 8 .00 No. > PS&E - City is preparing 95% Plans, Specifications, and Estimate. $1,,087087,,33 8: 00 .00 Amend. No. William > Right of Way - Establishing limits of dedication. Notes: Becerraf > Declaration of Units - Caltrans Approved Metric Exception for this phase. PW07-04 I > Amend. Nos. 1, 4, & 8 amend original agreement Avlin OdviarJ 60% (05110} 61°!° > Utilities - Pothole of existing utilities within APE are complete. under PW02-11. Amer Attar > Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and > Amendment amounts represent portion IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. appropriated for PW07-04. Account No. 210-165-719-58XX Other: > Maintenance Agreement - City preparing exhibit for first draft. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium Consultant: WLC Architects adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios Contract Amount: $307,390.00 with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta PW07- 05CSD II Account No. 210-190-186 Bill McAteer! DavidMcBride 10% (12109) 5% Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. Pavement Management Program Update This project will update the City's Pavement Management Program (PMP) for the years Consultant: UUlldan 2008-2013. The consultant is finalizing City comments and developing a least cost PW07-11 I Agreement Amount: $ 66,915 David McBride 100 °J° 90% financial scenario for inclusion into the final report which will be completed over the next Account Nos.: period. 001-164-601-5248 210-165-655-58XX Santa Gertrudis Creek Pedestrian/Bicycle Trail The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Extension and Interconnect Kendra Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Alignment Study, Design & Environmental Clearance Hannah- Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 PW08-04 11 Consultant: Hall & Foreman, Inc. Meistrell 1 30%(12/09) 25% meeting. The kick off meeting was held on 01/08/09. The alignment study has been Contract Amount: $246,865.00 Avlin Odviar completed. Extension of time for the Bicycle Transportation Account funds was approved Account No. 210-165-739-68XX on 05/01/09. 30% design plans have been submitted by the consultant for review. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing Consultant: David Evans &Associates (DEA) Kendra the street and minor storm drain improvements on the unimproved portions of certain Contract Amount: $120,900.00 Hannah- streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement PW08-06 II Meistrell ! 60%(08109) 60% for the street improvement design with David Evans and Associates at the 10/28/08 City Account No. 210-165-502-58XX i Avlin O ar f Amer Advtt Attar Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. 60% plans are being reviewed by staff. CITY OF TEMECULA PAGE 6 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp) PAID ($j bid date) Roripaugh Ranch Street Improvements- Phase I Phase I includes the construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Construction of Butterfield Stage Road Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC/So Loop Rd Mayra De La and getting the Fire Station functional. Currently, liens have been resolved and PW09-02 I Consultant: David Evans &Associates (DEA) Torre/Amer 0% 0% settlements have been reached. Thus, staff was given formal direction to proceed with the Contract Amount: Attar design of this project. Staff is working on the Bid Package. The developer will start to work Account No. 210-165-723-58XX on the RAN acquisition and perform all their MOU commitments. The City will obtain contracts for all applicable design consultant to proceed with the design. PROJECTS BEING DESIGNED BY STAFF Long Canyon Detention Basin - Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove PW04-07 I 0% NIA excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. PROJECTS IN THE PLANNING STAGE 1-161 SR 79S Ultimate Interchange This project will modify the 1-15/ SR 79 South Interchange to accommodate projected Project Report (PR) future traffic. City continued development of design geometrics, technical studies, and Consultant: RBF Consulting reports. Status of outstanding items are as follows: Contract Amount: $ 325,944.00 Amendment No. 1: 98,196.00 Extra Work Auth. No. 1: 13,426.00 > Project Report -Under Caltrans review. PW04-08 I Extra Work Auth. No. 2: 17,732.00 Avlin Odviarl 95%(07109) 95% > Supplemental Fact Sheet - Under Caltrans review. (Extra Work Auth. No. 3: 18,428.00) Amer Attar > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. (Extra Work Auth. No. 4: 5,032.00) Final approval pending approval of the Final Environmental Document. (Extra Work Auth. No. 5: 21,240.00) > Geometric Approval Drawings - Under Caltrans review. Note: EWA No. 3, 4, and 5 will be paid with unused > Final Environmental Document - Approved June 2009. portion of Amend No. 1. > Life Cycle Cost Analysis - Under Caltrans review. Account No. 210-1654-662-58XX CITY OF TEMECULA PAGE 7 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) French Valley Parkway / Interstate 15 Over-Crossing This project will construct an interchange between Winchester Road Interchange and the I and Interchange Improvements (PA & ED) -15/1-215 split. City continued development of the Project Report and Environmental Consultant: Moffatt & Nichol Document. Status is as follows: Agreement Amount: $1,091,693.00 Amend. No. 1: 202,652.40- Amend. No. 2: 21 21,63030.000 > Draft Project Report - Approved June 2006. CCO No. 1: 25,000.00 > Project Report -City preparing 1 st draft. CCO No. 2: 8,000.00 > Draft Environmental Document - Approved April 2009. CCO No. 3: 18,008.00 > New Connection Report (NCR) - Letter of Acceptability received in July 2008. CCO No. 4: 11,320.00 > Traffic Operations Analysis - Approved 02/05/08. CCO No. 5: 37,645.00 > Exception to 20-yr Traffic Design - Approved 12/17/07. Amend. No. 3: 283,982.52 > Stormwater Data Report - Under Caltrans review. Amend. No. 4: See PW004 00.. . 5: 1 69 , 00 00 No. > Mandator Design Exceptions roved 07/18/06. 6: 1 10 , 91 7 .00 Amend. No. William > Advisory Design Exceptions - Approved 07/18/06. Amend. No. 7: 14,573.36 Becerra! Avlin ° ° > Exception to Ramp Metering Policy - Approved 07/05/06. PW02-11 I Amend. No. 8 See PW07-04 Odviarf Amer (03110) g0 % ° > Geometric Approval Drawings - Approved 07/18/06. Amend. No. 9 100,000.00 Attar > Revised Geometric Approval Drawings - Approved 01/11/08. Notes: > Storm Drain Study- Approved 03/21/08. > Amend. No.1 also applies to PVV07-04. See PVV07 ' > Floodplain and Scour Analysis Report - Approved Oct 2008. I apportionment. -04 for add > Final Environmental Document - City preparing first draft. Account No. 210-165-677-58XX Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agreements - Execution pending approval of the Project Report. > Risk Management Plan - Updating as necessary. > Project Charter - 1 st draft is under Caltrans review. > Maintenance Agreement - Preparing 1st submittal for Caltrans review. > Financial Plan - Updating as necessary. Temecula Creek Crossing - Access to Highway 79 The project consists of performing an alignment study to set a specific horizontal and South (Temecula Parkway) vertical alignment for an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study- Avenida de Missions over Kendra access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final PW08-03 I I Temecula Creek Consultant: Nolte Associates, Inc. Hannah- Meistre111 Avlin 100% 100% engineering report is complete. Project is pending allocation of funds for design. Contract Amount: $87,923.00 Odviar Account No. 210-165-677-68XX PROJECTS WAITING IN THE WINGS PW00-29 11 Citywide Master Drainage Plan ( ) % Postponed. Multi-Trails System- Margarita Road Under Crossing This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Consultant: LAN Engineering under Margarita Road. Data regarding existing utilities are being incorporated into the PW04-13 I Contract Amount: $114,426.00 William 100% 100% design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This Becerra project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. CITY OF TEMECULA PAGE 8 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Sam Hicks Monument Park Playground Replacement This project will replace the playground at Sam Hicks Monument Park to comply with new PW06-16 0% NIA standards. The funding for this project is through Community Development Block Grant. Funding for this project has been reallocated to a future fiscal year. Auxiliary Lanes on 1-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to PW06-17 I Amer attar conduct the study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding constraints, this project is being delayed until Fiscal Year 2009/ 2010. RIGHT OF WAY RELATED PROJECTS French Valley Parkway/ 1-15 Overcrossing and William The review appraisal is complete. Caltrans has approved the appraisals. The City Council PW02-11 I Interchange, Project Report (PR) Becerral Amer NIA NIA reviewed this matter in Closed Session on June 9, 2009. Attar Butterfield Stage Road - Roripaugh CFD Now that liens have been resolved and settlements have been reached, the developer will Project Description: Right-of-Way issues associated Mayra De La resume to perform their MOU commitments and obtain the required RM. The developer CFD 03-02 with the construction of specific improvements (BSR, Torre/ Amer was directed to focus on the RAM issues related to the properties within Phase 1 of the MHSR, fire station, etc.) Attar project first. Contractor: N/A; Contract: N/A Diaz Realignment Al required right-of--way documents have been recorded with the County; consultant PW 95-27 1 Jon Salazar! surveyor is in the process of recording the Record of Survey, which will complete the Amer Attar process. Pechanga Parkway (right turn lanes) Purchase & Sale Agreement was sent to the property owner. He has not accepted the City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A PW 06-11 Amer Attar check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in mid February. The City gained possession of the property as of June 5, 2009. Pechanga Parkway (mitigation land) Purchase & Sale Agreement was sent to the property owner. He has not accepted the City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting. PW 99-11 Amer Attar A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in mid February. The City is working on the legal documents to gain possession of the property. Surplus Land : Diaz Road Realignment Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and Sale Agreement was prepared by City and it was presented to the buyer. The agreement Amer Attar has been agreed upon by the City and the buyer. A new revised agreement that include the lot line adjustment was drafted. The City Council approved the Purchase and Sale Agreement at the 08-11-09 City Council meeting. Riverside County Flood Control Parcels-Old Town Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City met with Flood Control in January and asked for updated values. RCFC will revise their Beryl offers based on current sales comps. Staff is also working with RCFC to finalize the A Amer Attar ar Amer Purchase & Sale Agreement. RCFC requested that the City quitclaim a channel easement for another parcel (APN 922-035-024) and for City to accept the Declaration of Dedication. This matter was approved by the City Council at the 2/24/09 meeting. CITY OF TEMECULA PAGE 9 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp./ PAID ($j bid date) Santa Gertrudis Ped. Bridge The City Council approved the Purchase and Sale Agreement with Rancho California PW07-05 Amer Attar Water District (RCWD) at the 10/14/08 meeting. Escrow has closed and the City received the Final Settlement Statement. PW06-12 Santiago Detention Basin Amer Attar Appraisal is ready to be finalized but has been put on hold. Murrieta Creek Bridge and Overland Drive Extension To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is PW00-26 Amer attar in the process of preparing legals/plats. A proposal from an appraiser will be sought once the plats are completed. The appraisal process will start after that. Policy re: Site Assessments Amer Attar Editing Site Assessment policy Miscellaneous Right of Way Related Items Amer Attar On-going review of Caltrans procedures; working on draft of Relocation handout required by law Western Bypass Bridge Over Murrieta Creek Will Becerra/ City needs to accept the Offer of Dedication that was not accepted by County on Parcel PW06-04 I Beryl Map PM 8248, which was recorded on 2/15/1977. Up to Twelve legals and plats will be Yasinoskyl prepared by the consultant. Once legals/plats are received, the City will obtain appraisals. Amer Attar SPECIAL AND MISCELLANEOUS PROJECTS Roripaugh Ranch CFD Staff reviewed the submitted Reimbursement Request for the two bridges. Comments Annie Bostre- were provided to Ashby USA representatives. Meetings were held with the developer CFD 03-02 Le/ Amer Attar N/A seeking these reimbursements to finalize the numbers. The City Attorney was provided the information. CFD 01-02 Harveston CFD Amer Attar NIA No activities during the last period CFD 03-06 Harveston CFD Amer Attar NIA NIA No activities during the last period. CFD 03-01 Crown Hill CFD Amer Attar NIA NIA During the last period, the developer submitted reimbursement request for the retention. Wolf Creek CFD Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific, along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project Manager). The meeting was to review the walls along the Wolf Creek Development. Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will need a letter from the City for some of the open area that provide access from the trail to the development. Standard Pacific is to survey adjacent property owners to see if they are OK with the openings or if they want these openings closed. The City's letter would notify CFD 03-03 Amer Attar NIA NIA Caltrans with the results and what action the City would take based on these results. A letter from the City to Standard Pacific detailing the wall requirements was sent on 01/06/09. Standard Pacific is in the process of obtaining the required waivers. They have obtained 20 waivers as of 07/17/09. In addition, they started raising the walls the week of 07/06/09. Work on raising the walls continues. CFD 02-08 Serena Hills CFD Amer Attar NIA N/A No activities during the last period. CITY OF TEMECULA PAGE 10 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. camp.! PAID ($j bid date) Quarterly Review- Tracking, preparing, and Various Projects. Various I processing Federal, State and TUMF Funds Julie Dauer On-going NIA Reimbursements Contract Administration On-going review of CIP project contracts, amendments, extra work authorizations & Various I Julie Dauer On-going NIA change orders and maintaining budget accounts. Providing assistance to staff in processing invoices for all CIP division projects. Murrieta Creek Multi Purpose Trail Project is currently in construction phase. Continue to process reimbursement requests for PW01-27 I Julie Dauer NIA NIA Caltrans submittal and approval. Surface Transportation Program (STP) - De Portola Contract has been awarded. Federal funding reimbursement requests will be submitted to PW06-10 I Road Pavement Rehabilitation Julie Dauer NIA NIA Caltrans as project progresses. $458,990 STP funds Highway Bridge Replacement & Rehabilitation New PES form updated and submitted to Caltrans, Environmental Division to obtain PW03-05 I Program (HBRR) - Main Street Bridge Julie Dauer NIA NIA environmental clearances & approval to proceed with final design processes. Total HBRR funds $3,920,000. SR2S- Safe Routes to School Program - Ped/Bicycle Received December 2, 2008 the approval of our PIES document. Prior to obtaining the Bridge over Santa Gertrudis Creek to Chaparral Hig Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding PW05-11 I Julie Dauer NIA NIA has been awarded in the amount of $425,520. In addition to SR2S funding we have been awarded $132,000 in SB821 funding. Transportation Uniform Mitigation Fee (TUMF) Quarter Ended 12/31/08- TUMF reimbursement requests to be prepared for submittal to WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and Various I Julie Dauer NIA NIA review of processes for future reimbursement requests. Letter to follow from City to WRCOG in summary of meeting minutes. TE - Transportation Enhancement Program funding is scheduled for FY2009-2010. Environmental clearance has been Winchester Road/State Route 79 North Corridor approved and project is slated for construction in the next fiscal year. Currently in process PW06-15 I Beautification Projec Julie Dauer NIA NIA of preparing our 'Request for Allocation' through the CTC and also our RFA package to Caltrans for'Authorization to Proceed with Construction'. Total funds awarded per TE Funding adjustments $1,133,000. Pechanga Parkway Phase II Street Improvements - Continue to review construction expenditures for federal reimbursement of PLH funds. PW99-11 I Public Land & Highways Funded Julie Dauer NIA NIA Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding (Phase II) is $4,000,000. Various I Bond Releases Julie Dauer NIA NIA Continued review of CIP project bonds scheduled for release. 2006107 Bicycle Transportation Account Resolution approved by City Council for the Cooperative Work Agreement (CWA). The BTA Funds CWA will extend the terms of the original agreement to allow for the continuation of project PW08-04 I Santa Gertrudis Creek Bicycle Trail Extension and Julie Dauer NIA NIA implementation and the award of a consultant agreement for this project. 2006/07 BTA Interconnect funds approved for the planning & preliminary engineering and total award of $395,000. CWA is anticipated to be approved in April 2009. Standardize the format of the Specifications for all Specifications library is continuously being updated and amended. The boiler-plate section projects is also being reviewed and updated. Federal Specifications were updated and David McBride On-going NIA standardized for De-Portola and Rancho California Road. All specifications were updated to 2009. Federal specifications were updated to new DBE regulations. CITY OF TEMECULA PAGE 11 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009 % TIME 0yo PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp.! PAID ($j bid date) Circulation Element Implement Plan This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. The tasks of field verification, cost estimates preparation, and aerial mapping I Amer Attar NIA NIA have all been completed. The information gathering and the reporting stage of this project is complete. CIP staff will work with GIS to automate the availability and the update of the information. Update Plans to Reflect As-Built Conditions for All City receives blue prints from many contractors marked with As-Built conditions for various Recent Projects projects. Some of these As-Built conditions have never been transferred to the project On-going NIA mylars. As-Built plans will be created for all recent projects, if it was not done at the time of submission. Consultant Selection An Access database was created for our Consultant Selection List. Information is Various I On-going NIA available on the City's web-site on how to be placed on the list and responses are being entered into the computer as they are received. Pavement Rehabilitation - Rancho California Road Caltrans, Local Assistance approved the construction phase of work. STPL funding of PW06-14 I (STPL) Julie Dauer NIA NIA $2,958,000. Project is currently out to bid. Bid Opening is scheduled for January 29, 2009. Pavement Rehabilitation of Rancho California Road from Ynez Road to Butterfield Stage Road Citywide Traffic Light Synchronization System City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) TBD I Purchase, install & implement an adaptive traffic Julie Dauer NIA NIA funding. Disbursements for these programs have currently been suspended. signal synchronization system along six corridors within the City. ITEM NO. 24 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: August 25, 2009 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of July 2009. PATROL SERVICES Overall calls for police service 7538 "Priority One" calls for service 38 Average response time for "Priority One" calls 5.19 Minutes VOLUNTEERS Volunteer administration hours 373 Special Events .............................................228 Community Action Patrol (CAP) hours 878 Reserve officer hours (patrol) 21 Training hours 117 Total Volunteer hours 1351 CRIME PREVENTION/GRAFFITI Crime prevention workshops /Neighborhood watch meetings conducted 3 Residential/business security surveys conducted 6 Businesses visited 10 Businesses visited for past crime follow-up 2 Crime prevention articles 1 Total square footage of graffiti removed 5,347 Number of Graffiti Locations 139 OLD TOWN STOREFRONT Total customers served ...............................................................................................................401 Sets of fingerprints taken 89 Police reports filed 8 Citations signed off 84 Total receipts $5,862.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests On sight misdemeanor arrests Felony arrest warrants served Misdemeanor arrest warrants served Follow-up investigations Parole Searches Probation Searches Crime Free Housing Checks TRAFFIC Citations issued for hazardous violations ..........................1580 D.U.I. checkpoints conducted 0 D.U.I. Arrest ...........................33 Non-hazardous citations 510 Stop Light Abuse/Intersection Program (S.L.A.P.) citations ............................141 Neighborhood Enforcement Team (N.E.T.) citations ............................155 Parking citations 335 Seatbelts ..........................56 School Zones 0 Cell Phone Cites 88 Injury collisions ..............................15 Presentations ...........................0 INVESTIGATIONS Beginning Caseload ....................................................................................................................100 Total Cases Assigned 51 Total Cases Closed ....................................................................................44 Number of community seminars/presentations conducted 0 PROMENADE MALL TEAM Calls for service Felony arrest/filings Misdemeanor arrest/filings.. Vehicle burglaries Vehicle thefts Total receipts SCHOOL RESOURCE OFFICERS Felony arrests 0 Misdemeanor arrests ............................................................1 Citations ............................................................1 Youth counseled 11 Presentations 0 YOUTH ACCOUNTABILITY TEAM School visits 0 Home visits ......................................................17 Presentations ...............................................0 Truancy Sweep ...............................................0 Car Wash/School Clean-up ................................................1