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072809 CC Agenda
C, In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 28, 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. 6:00 P.M. - Closed Session of the City Council pursuant to Government tiide,,. Conference with City Attorney pursuant to Government Code Section. .549569(a) with respect to one matter of pending litigation to which the City Isr a defendant. The title of the litigation is Marina Landscape, Inc.vs. Douglas E. Barnhart, Inc., City of Temecula, et. al. Riverside County Superior Court (Case No. RIC 476659 (Birdsall Sports Park Litigation) 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding approximately 7.5 acres of real property; owned by United Commercial Bank located at the northwest corner of Margarita Road and Dartolo Road (4415 Margarita Road, Temecula; APN 959 080-022) . The parties to the negotiations for sale of this property are: United` Commercial Bank; Bridge Housing Corporation; Temecula Murrieta Rescue Mission; Riverside County Economic Development Agency; Redevelopment, Agency of the City of Temecula. Negotiators for the Redevelopment'Agency" of the City of Temecula are: Bob Johnson; Patrick Richardson and^?Luke; Watson. Under negotiation are the price and terms of the sale of the pare e11; Public Information concerning existing litigation between the City and vanous,,i _ parties may be acquired by reviewing the public documents held 'by the City' Next in Order: Ordinance: 09-06 Resolution: 09-68 C C CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Tom Durrance of True Vine Pentecostal Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Certificate of Achievement - Eagle Scout Daniel Huot Certificate of Appreciation to Dennis Chiniaeff Presentation by Southern California Edison - Viet Tran 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. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in C the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of July 14, 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 4 City Treasurer's Statement of Investment Policy RECOMMENDATION: C 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 5 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) 6 Parcel Map No. 36203, located on west side of Diaz Road between Sarah Way and Via Dos Picos RECOMMENDATION: C 6.1 Approve Parcel Map No. 36203 in conformance with the Conditions of Approval, and Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor and Material Bond as security for the agreement. 3 7 Tenth Amendment to the Consulting Agreement with Moffatt & Nichol Engineers for French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11 RECOMMENDATION: 7.1 Approve the Tenth Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $414,774 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11, and extend the term of the Agreement through June 30, 2010. 8 Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 23065, 23065-1, and 23065-4 (located at the intersection of Pechanga Parkway and Deer Hollow Way - Centex Homes) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23065,23065-1, AND 23065-4) Support for ACA 8, Constitutional Amendment to Apply the Brown Act to the Legislature (Jeffries) - at the request of Mayor Pro Tern Comerchero RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 8, TO APPLY THE BROWN ACT TO THE LEGISLATURE (JEFFRIES) 10 Old Town Civic Center (OTCC) Structured Data Cable Contract RECOMMENDATION: 10.1 Award a contract to Anderson & Howard Electric, Inc. (A&H) for the Old Town Civic Center Structured Cable project in the amount of $603,178 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,318, which is equal to 10% of the contract amount. 11 Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009-2010 Cj RECOMMENDATION: 11.1 Approve an agreement for Consultant Services for Plan Review for Fiscal Year 2009-2010 with Tom Haney in an amount not to exceed $40,000. 12 Amended and Restated Employment Agreement for City Manager Extending the Term of Service RECOMMENDATION: 12.1 Approve the Amended and Restated Employment Agreement for Shawn D. Nelson dated as of July 28, 2009. 13 Second Reading of Ordinance No. 09-05 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 09-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO C TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA MUNICIPAL CODE RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY C 5 C TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 09-01 Resolution: No. CSD 09-09 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington 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 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of July 14, 2009. 15 Children's Museum Exhibit Agreement RECOMMENDATION: 15.1 Approve the agreement between Thinkwell Group, Inc. and the Temecula Community Services District to design, fabricate, and install a new exhibit in the "Tot Room" area of Pennypickle's, Temecula Children's Museum in the amount of $125,000; 15.2 Approve a contingency not to exceed $12,500. C C CSD DEPARTMENTAL REPORT 16 Community Services Departmental Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 11, 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. C C O TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 09-01 Resolution: No. RDA 09-06 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts 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 O 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 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of July 14, 2009. RDA DEPARTMENTAL REPORT 18 Redevelooment Deoartment Monthlv Rebort RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT O Next regular meeting: Tuesday, August 11, 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. TEMECULA PUBLIC FINANCING AUTHORITY O Next in Order: Ordinance: No. TPFA 09-01 Resolution: No. TPFA 09-02 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar TPFA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority 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. O Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of May 12, 2009. 20 Authorization of Special Tax Lew in Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) O 21 Authorization of Special Tax Levy in Community Facilities District No. 01-02 (Harveston) O RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 22 . Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston II) RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) 23 Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh O Ranch RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) 24 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) O ADJOURNMENT 10 RECONVENE TEMECULA CITY COUNCIL C PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. CITY COUNCIL BUSINESS 25 Parades and Special Events on Public Property Ordinance RECOMMENDATION: 25.1 Hear a report from the City Attorney on the draft Parades and Special Events on Public Property ordinance, receive public comments and provide comments or proposed changes to the City Attorney on the draft ordinance; 25.2 Take no action on the draft ordinance at this time, but direct the Staff to set the public hearing for August 11, 2009, to formally consider the Parade and Special Events Ordinance. C C DEPARTMENTAL REPORTS 26 Planning Department Monthly Report 27 City Council Travel/Conference Report - June 2009 28 Economic Development Monthly Report 29 Public Works Department Monthly Report 30 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, Closed Session, with the regular session commencing 43200 Business Park Drive, Temecula, California. August 11, 2009, at 5:30 P.M., for a at 7:00 PM, City Council Chambers, 11 NOTICE TO THE PUBLIC C 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 C 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.citvoftemecula.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. 12 PRESENTATIONS 0 0 0 The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement Of.. ane t of Troop #301 We congratulate Daniel for his achievement on receiving the rank of Eagle Scout. We are proud to present Daniel with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 38th day of July, 2009. Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement Of.. Dennis Chimaeff We would like to take this opportunity to express our sincere gratitude for your many contributions of both time and talent in serving on the Planning Commission. As a member of the Commission for a total of 12 years, your dedicated service has been greatly appreciated. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 28th day of July, 2009. Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 O ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 14, 2009 - 7:00 PM O gtx .,t s, c~ L~4t tGq }r'' M' Closed Session of the City Counal pursuant4to Government Code 600 1) k,Conference with .City Attorney to rGovernment Code~Section~54956 9(b) wrthi respect to one matter ofrpofential,htigation With respect¢to such matter the City Attorney Fias determined tlat° ar point has been reachgd `~~wheresthere is a "sigmficant exposure{to,,,~htigation,involving,,tht City and { ` CrtyS related entities `Based on 'ex'isting facts sand circumstances With respe"ct; to such:: matter`,. the Crty' Council ;.will ~als& meet rpursuant tto. :'rGovernment Code`- Section 54956 9(c) to,, decide, whether to initiate 'l ltigatlOn " ,.,F is ? tr 't+~ x ~~7 i 2)+ PubhceEmployeePertormance Evaluation for'the mcumbenUposition`of Gityt 'Manage r pursuant to`GovernmentrCdde,Sdi%66' 54957*Conference with designated representatives ,-Mayor and 'City 'Attorney, iconce~mng possible negotiation of .,;adf hstments,, of, salary and" beneffits for the? r unrepresented position of City Manager pursuant to Government Code Section~'S4957 6 provided that final `acUonr on. isuch+Finatters~ it any as ;proposed would'only`take place as;an agenda item in',open session of the 'y; » } } ~L 3 r3W 'Council t e z r b~ s+a r r \ v Sti3, +k Public l6fbrhiatJ6 concerning-ezisting',IitigationNtS'etween "the~City and vanousj parties may be acquired by reviewing the public documentsrheld ;liy the City 3 Clerk:~s ~ ~ 6 At 6:05 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was seconded by Council Member Washington and voice vote reflected unanimous approval. The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Anthony Escoto Invocation: Reverend Jonathan Maxey of Grace Chapel of Temecula Valley O Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Action Minutes City Council 071409 1 PRESENTATIONS/PROCLAMATIONS Parks and Recreation Month Proclamation Business/Industry Recognition Program - Manufacturers PUBLIC COMMENTS Paul Angulo, candidate for Riverside County Auditor Controller, introduced himself to the Council and the public. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes - Approved Staff Recommendation (3-0-2) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Members Roberts and Washington abstaining. RECOMMENDATION: 2.1 Approve the action minutes of June 23, 2009. List of Demands - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A O O O Action Minutes City Council 071409 O 4 City Treasurer's Report as of May 31, 2009 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 . Approve and file the City Treasurer's Report as of May 31, 2009. Fifth Amendment to Agreement for Law Enforcement Services - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Fifth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a Mall Officer, converting one Patrol Officer to a School Resource Officer, and removing two Special Enforcement Team positions which have remained unfunded for the past year. 6 Annual Purchase Agreement for FY 2009-2010 for the Purchase of Asphalt Products - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. O RECOMMENDATION: 6.1 Approve the purchase agreement for FY 2009-2010 with CalMat (dba Vulcan Materials Company) in the amount of $100,000 and authorize the Mayor to execute the agreement. Annual Purchase Agreement for Citvwide Street Name Signs, for FY 2009-2010 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve an annual agreement with Main Street Signs in the amount of $75,000 for FY 2009-2010 and authorize the Mayor to execute the agreement. O Action Minutes City Council 071409 Settlement Agreement between the City of Temecula and Parker Family Enterprises LLC - O Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC concerning the real property designated as Assessor's Parcel Number (APN) 922-045-011; 8.2 Approve in substantially the same format as attached, a Quitclaim Deed transferring the City's interest in APN 922-045-011 to Parker Family Enterprises, LLC; 8.3 Approve a Temporary Construction Easement in substantially the same format as attached, allowing the City to encroach upon APN 922-045-011 until the construction of the Main Street Bridge is completed. Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23064 (located northeasterly of the intersection of Deer Hollow Way and Peppercorn Drive) - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Adopt a resolution entitled: O RESOLUTION NO. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23064) 10 Award a Construction Contract for Street Striping Program for FY 2009-2010. Proiect No. PW09-04 - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Award a Construction Contract for the Street Striping Program for FY 2009-2010, Project No. PW 09-04, to Pacific Striping, Inc. in the amount of $111,925, 10.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $11,192.50, which is equal to 10% of the contract amount. O Action Minutes City Council 071409 O 11 Budget Transfer and Change Order No. 12 to the Pechanga Parkway Street Improvements Project Project No. PW99-1.1 to Construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway - Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by. Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Approve a budget transfer of $80,000 of Development Impact Fee - Streets, from the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, Project No. PW00-26, to the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway Project, Project No. PW06-11; 11.2 Approve Change Order No. 12 for $293,500 to construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway (CIP Project No. PW06-11) as part of the Pechanga Parkway Street Improvements Project, Project No. PW99-11, and authorize the City Manager to execute the change order; 113 Approve a contingency to Change Order No. 12 in the amount of $29,350, which is 10% of the change order amount and authorize the City Manager to approve changes up to the contingency amount. 12 Phlebotomy Services for Fiscal Years 2008-09 and 2009-10 -Approved Staff Recommendation (5-0-0) - Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. O RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2008-09 in the amount of $10,000 for a total contract amount of $40,000, 12.2 Approve the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2009-10 in the amount of $40,000. At 7:28 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:46 P.M., the City Council resumed with regular business. O Action Minutes City Council 071409 PUBLIC HEARING O 16 Weed Abatement Lien Resolution for FY 2008-2009 - Approved Staff Recommendation (5-0-0) - Council Member Naggar made.the motion; it was seconded. by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 09-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2008-2009 Director of Planning Richardson provided the staff report (as per agenda material). There being no public input, the public hearing was closed. 17 Planning Application Number LR08-0019, a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code - Approved Staff Recommendation (5- 0-0) - Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. O RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA As per the staff report, Director of Planning Richardson presented an overview of the item. The public hearing was opened. Mr. Randi Cooper Smith addressed the Council with regard to this item. At this time, the public hearing was closed. O Action Minutes City Council 071409 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there was no action to report under the Brown Act with regard to Closed Session. ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to Tuesday, July 28, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: O Susan W. Jones, MMC City Clerk [SEAL] O Maryann Edwards, Mayor Action Minutes City Council 071409 7 ITEM NO. 3 O Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT O TO: City Manager/City Council FROM: Genie Roberts, Director of Finance v DATE: July 28, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yorker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized forreviewand approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands O O 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 $3,749,120.41. Section 2. The City Clerk shall certify the adoption of this resolution. O O PASSED, APPROVED, AND :ADOPTED by the City Council of the City -of O Temecula this 28th day of July, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] r aryann STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, 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 28th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk O O CITY OF TEMECULA LIST OF DEMANDS O - 07/01/2009 TOTAL CHECK RUN - - - - 2,050;191.22 $ 07/09/2009 TOTAL CHECK RUN 1,124,419.01 07/09/2009 TOTAL PAYROLL RUN: 574,510.18 TOTAL LIST OF DEMANDS FOR 0712812009 COUNCIL MEETING: S 3,749,120.41 DISB URSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,126,467.26 165 AFFORDABLE 11OUSING 111,243.01 190 TEMECULA COMMUNITY SERVICES DISTRICT 371,818.18 192 TCSD SERVICE LEVEL B 122.83 193 TCSD SERVICE LEVEL"C"LANDSCAPE/SLOPE 256,102.31 194 TCSD SERVICE LEVEL D 3,700.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,459.63 197 TEMECULA LIBRARY FUND 18,187.69 210 CAPITAL IMPROVEMENT PROJECTS FUND 123,835.25 280 REDEVELOPMENT AGENCY -CIP PROJECT 8,303.91 300 INSURANCE FUND 12,591.84 320 INFORMATION SYSTEMS 78,20156 330 SUPPORT SERVICES 19,876.96 340 FACILITIES 27,514.36 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,790.40 O 477 700 CFD-RORIPAUG11 CERBT CALIFORNIA EE RETIREE-GASB45 6,179.04 2,214.00 $ 3,174,610.23 001 GENERAL FUND S 329,257.44 165 AFFORDABLE HOUSING 10,760.96 190 T'EMECULA COMMUNITY SERVICES DISTRICT 137,793.84 192 TCSD SERVICE LEVEL B 139.75 193 'I CSD SERVICE LEVEC"C" LANDSCAPE/SLOPE 4,357.85 194 TCSD SERVICE LEVEL D 1,366.62 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,272.46 197 TEMECULA LIBRARY FUND 889.78 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,228.41 300 INSURANCE FUND 1,238.48 320 INFORMATION SYSTEMS 45,295.34 330 SUPPORT SERVICES 5,493.74 340 FACILITIES 8,973.93 375 SUMMER YOUTH EMPLOYMENT PROGRAM 17,787.54 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,654.04 574,510.18 TOTAL BY FUND: $ 3,749,120.41 O apChkLSt - - Final Check List - - i ager 1 07/01/2009 3:57:3 7PM CITY OF TEMECULA l O - Bank: union UNION BANK OF CALIFORNIA - Check # Date Vendor - Description - Amount Paid - Check Total 1281 06/2912009 011657 CALIF STATE OF PUBLIC 08/09 ARC contribution pymt 214,328.00 214,328.00 EMPLOYEE 1282 06/3012009 004931 CHICAGO TITLE COMPANY 1 st Time HB:O'Brien Escrow:4431-CT 56,961.00 1 56,961-00 1283 06/3012009 012952 FIRST AMERICAN LENDER'S 1st Time HB:Gamic, Esc 7190.80363 29,700.00 i 129,700.00 1284 06/3012009 000166 FIRST AMERICAN TITLE 28725 Pujol St property purchase 10,000.00 10,000.00 COMPANY 132390 07101/2009 002786 4N6XPRT SYSTEMS forensic software: Police 225.00 225.00 132391 07101/2009 011984 A MAZE IN TIME INC inflatable maze: 4th of July 700.00 700.00 132392 07/01/2009 012824 ALL PRO DISPLAYS & GRAPHICS promo equip: Econ Dev 1,593.88 1,593.88 132393 0710112009 000936 AMERICAN RED CROSS class certificates: Aquatics pgrm 256.00 256.00 O 132394 07/01/2009 001947 AMERICAS propane fuel: Stn 92 24.71 24.71 132395 07/0112009 008732 ANSWERBAND INC, THE Performance: Summer Concert 719-10 3,000.00 3,000.00 132396 07/01/2009 003203 ARTISTIC EMBROIDERY 50% deposit uniforms: TCSD 1,347.96 1,347.96 132397 07/01/2009 011438 BAKER, BLYTHE EDEN High Hopes Dance/Chior 5/13 850.00 850.00 132398 07/01/2009 008286 BRASGA, CAZI reimb: travel charger/dock stn 9133 91.33 132399 07/01/2009 006908 C C & COMPANY INC entenainmentSummer Concerts 7/09 1,250.00 1,250.00 O Paget apChkLst Final, Check List Page: 2 07101/2009 3.57.37PM CITY OF TEMECULA 1 ) Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Dale Vendor Description 132400 07/01/2009 003138 CAL MAT Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products:-Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance Asphalt Products: Pw Maintenance 132401 0710112009 005384 CALIF BAGEL BAKERY & DELI prof mtg:ronpaugh bond 6-16-09 132402 07/01/2009 004566 CALIF DEPT - TOXIC SUB toxic sub fee:CAL000263633/634/635 CONTROL 132403 07/01/2009 004248 CALIF DEPT OF JUSTICE- DUI & drug screenings: Police ACCTING 132404 07/01/2009 005116 CALIF DEPT OF STATE 07/08 annual street reporTFinance O CONTROLLER 132405 07/01/2009 006114 CASEY, MARGIE reimb: EOC printer/cartridges 132406 07/0112009 006303 CONDUIT NETWORKS, INC audio visual svcs:Ch Museum 132407 07/01/2009 001264 COSTCO WHOLESALE supplies: TCSD Expo 132408 07/0112009 004524 CRAFCO INC-ABSOLUTE PW patch truck materials ASPHALT 132409 07/01/2009 012940 CRAWFORD, LILLIAN slllmnt Gospel at the Marc 6120 132410 07/01/2009 001393 DATA TICKET INC May parking citation svcs: Police 132411 07/01/2009 012950 DI LORENZO. ANNA refund:eng grad dep:TM3883 lot 490 132412 07/01/2009 012949 DRH, INC., CA DISB ACCOUNT refund:overpaymnCbus lic#012995 132413 07/01!2009 011202 E M H SPORTS & FITNESS TCSD instructor earnings O Amount Paid Check Total 76.78 133.77 261.44 260.13 227.51 227.51 178.35 89.18 419.90 124.41 89.18 2.088.16 102.36 102.36 600.00 600.00 1,155.00 1,155.00 1,965.62 1,965.62 304.66 304.66 6,219.08 6,219.08 340.69 340.69 788.44 788.44 231.00 231.00 1,839.75 1,839.75 995.00 995.00 55.00 55.00 1,270.50 1,27050 Paget apChkLst 0710112009 3:57:37PM Final Check List CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 132414 07/01/2009 005115 ENTERPRISE RENT A CAR INC transportation:Teen Summer Camp 132416 07101/2009 001056 EXCEL LANDSCAPE May Landscape Maint: North Slopes May Landscape Maint South Slopes landscape mainC Ynez Rd landscape maint: Campos Verdes landscape main(: medians landscape maint: medians landscape main!: medians landscape maint: Vail Ranch Pkwy landscape maint: Rancho Cal Rd landscape maint: MPSC landscape maint: Wolf Valley landscape maint: City Hall landscape main(: Vail Ranch Pkwy landscape maint: Mirada landscape main(: Ste 92 landscape maint: Rancho Highlands landscape maint: Stn 84 Apr Landscape Maint: South Slopes Apr Landscape Mainl: North Slopes 132417 0710112009 000165 FEDERAL EXPRESS INC 5/5-19 express mail svcs:Citywide 5/20-6/9 express mail svc:Citywide 132418 07101/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt Valiant at the Marc 6/19 132419 07/01/2009 010326 G E MOBILE WATER, INC Jun rent osmosis washer: St. 73 132420 07/0112009 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TV Museum INC 132421 07/0112009 009608 GOLDEN VALLEY MUSIC 1st Qtr: Classics at the Marc SOCIETY 132422 07101/2009 003792 GRAINGER facility main[ supplies: Stn 84 132423 07101/2009 001135 HEALTHPOINTE MEDICAL pre-employment physcials: HR GROUP INC 132424 07/01/2009 003196 HOME DEPOT, THE Hardware supplies: Theater 132425 07/0112009 012953 HOWE, KENNETH refund: permit withdrawn Amount Paid 142.72 28,494.00 41,885.00 80.77 162.00 227.51 224.67 93.14 172.15 155.84 257.60 225.00 466.56 622.01 231.28 259.30 538.88 280.62 41,885.00 28,494.00 454.34 1.261.51 63.00 26.10 51.53 4,875.00 159.87 100.00 79.50 57.00 3 O Check Total 142.72 I 144,755.33 O 1,715.85 63.00 26.10 51,53 4,875.00 159.87 t 100.00 79.50 57.00 O Page3 apChkLSt Final Check List , Page: 4 0710112009 3:57:37PM - CITY OF TEMECULA O Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132426 07/01/2009 005579 INLAND EMPIRE PROPERTY May-Jun weed abalement:Cd Ent 54,819.35 crediLbilling act inv exceeded contract -8,019.35 46,800.00 132427 07/01/2009 004179 ' INTL E-Z UP, INC E-Z Up Tent: Skate Park 292.37 E-Z Up Canopies: Day Camp 58433 877.10 132428 07/01/2009 001186 IRWIN, JOHN TCSD instructor earnings 842.80 TCSD instructor earnings 411.60 1,254.40 132429 07/01/2009 000380 LAIDLAW TRANSIT INC Excursion: Day Camp 6/18 392.23 392.23 132430 07/0112009 004412 LEANDER, KERRY D. TCSD instructor earnings 2,194.50 2,19450 132431 07/01/2009 004905 LIEBERT, CASSIDY 8 WHITMORE May HR legal svcs for TE060-09 5,996.36 5,996.36 132432 07101/2009 003726 LIFE ASSIST INC medical supplies: Paramedics 1,596.68 medical supplies: Paramedics 12L24 1,717.92 132433 07/01/2009 004230 LINCOLN EQUIPMENT INC misc supplies: Aquatics Pgrm 306.95 306.95 0132434 07/01/2009 011003 LINE MASTER ENGINEERING INC thermeplasl machine parts: PW 663.99 663.99 132435 07101/2009 010549 LOWE'S OF TEMECULA Res Imp Pgrm:water heater purchase 884.00 884.00 132436 07/01/2009 004813 M & J PAUL ENTERPRISES INC EntertammentAth of July 3,370.00 3,370.00 132437 07/01/2009 004141 MAINTEX INC credit:supplies returned/parks -122.47 custodial supplies:parks 130.11 custodial supplies:parks 448.44 crediLsupplies returned/parks -461.64 custodial supplies:foc bldg 58.94 53.38 132438 07/01/2009 000944 MCCAIN TRAFFIC SUPPLY INC Traffic controller equip:pw traffic div 8,508.59 - 8,508.59 132439 07/01/2009 006571 MELODY'S AD WORKS INC. marketing/PR expenses:Slreet Painting 48.29 marketing/PR expenses:Hot Smr Nights 32.15 marketing/PR expenses:Chili Cook Off 134.74 marketing/PR expenses:Hot Smr Nights 246.00 461.18 132440 07101/2009 012580 MINUTEMAN PRESS Window envelopes:hr for payroll 760.10 760.10 132441 07/01/2009 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 180.00 TCSD Instructor Earnings 336.00 0 TCSD Instructor Earnings 252.00 768.00 Page:4 apChkLst Final Check List P age: 5' 07/01/2009 3:57:37PM - CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) - O Check # Date Vendor Description Amount Paid Check Total 132442 07/0112009 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 303.80 A. TCSD Instructor Earnings 416.50 TCSD Instructor Earnings 477.40 1,197:70 132443 0710112009 002925 NAPA AUTO PARTS City vehicle mains: stn 12 20.54 I City vehicle mainC stn 12 277.86 City vehicle r int stn 12 91.02 City vehicle parts/supplies: Fire Prev 3.25 City veh parts & supplies:pw maint 51.48 City veh parts & supplies:pw maint 57.83 501.98 132444 07/01/2009 008820 NEIGHBORS NEWSPAPER Jun advertising:Street Painting 250.00 250.00 132445 07/01/2009 002139 NORTH COUNTY TIMES Advertising: 2009 Spring Egg Hunts 410.13 410.13 132446 07/01/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:City Mgr 36.57 City Vehicle Maint Svcs.PW Maint 300.08 City Vehicle Maint Svcs:PW Maint 36.57 373.22 132447 07/0112009 012319 P C L CONSTRUCTION SRVCS May Const:Old Town Parking Structure 15,937.36 INC ret. w/o pmt:Old Town Infrstr Prkg -1,593.74 114,34162 132448 07!0112009 010338 POOL & ELECTRICAL PRODUCTS pool supplies 8 chemicals: aquatics 34.38 O INC Pool chemicals & supplies:aquatics 781.43 Pool chemicals & supplies:aquatics 466.07 pool supplies & chemicals: aquatics 97.60 1,379.48 132449 07101/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 6100 63.00 132450 07/01/2009 004519 PYRO SPECTACULARS INC 2009 4th of July fireworks display 34,500.00 34,500.00 132451 07/01/2009 010652 QUALITY CODE PUBLISHING City Ordinance Codification: City Clerk 6,205.00 6,205.00 132452 07101/2009 002612 RADIO SHACK INC Hardware supplies:info sys 58.70 58.70 132453 07/0112009 002176 RANCHO CALIF BUS PK ASSOC Jul-Sep business prk assn dues:C.H. 1,273.98 Jul-Sep business prk assn dues:Diaz Rd 1,751.72 Jul-Sep business prk assn dues:FOC 1,051.03 4,076.73 132454 07101/2009 000262 RANCHO CALIF WATER DISTRICT June:var water meters:tcsd 1,482.64 1,482.64 132455 07/0112009 011853 RANCON COMMERCE CNTR Jul-Sep business assn dues:Fire Stn 73 546.32 546.32 PH2,3&4 O PageS_- apChkLst Final Check List Page: 6 07/0112009 3:57:3 7PM CITY OF TEMECULA 0 Bank : union UNION BANK OF CALIFORNIA (Ccmtmued) - Check q Date Vendor Description Amount Paid Check Total 132456 07/01/2009 -012819 REALWHEELS RWC INC Squad maint parts:Stn 84 139.21 139.21 132457 07/01/2009 004584 REGENCY LIGHTING Misc electrical supplies:var park sites 654.78 654.78 132458 07101/2009 002110 RENTAL SERVICE Equip rental: PW Maintenance 8.66 CORPORATION Equip rental: PW Maintenance 12.99 21.65 132459 07/0112009 001592 RIVERSIDE CO INFO Jun radio rental & maint:police/lark 1,648.13 1,648.13 TECHNOLOGY 132460 07/01/2009 000406 RIVERSIDE CO SHERIFFS DEPT 4/23/09-5120/09:law enforcement 1,375,027.44 1,375,027.44 132461 07/0112009 004270 RUFFIAN SPECIALTIES gear bags: Stn 84 154.10 154.10 132462 07/01/2009 000277 S & S ARTS & CRAFTS INC Misc game & teen supplies:crc 405.68 Misc rec supplies:crc 48.48 454.16 132463 07/01/2009 009980 SANBORN, GWYN Country @ the Merc 6/20/09 519.00 519.00 0732464 07/0112009 009213 SHERRY BERRY MUSIC Jazz @ the Marc 6/18/09 430.50 430.50 132465 07/0112009 000645 SMART & FINAL INC Misc supplies:tiny tot pgrm 51.60 Misc suppliesAm of July 498.95 Misc supplies ELT. Program 85.47 Misc supplies:F.l.T. Program 202.12 Misc office supplies:crc 175.00 1,013.14 132466 07/01/2009 000537 SO CALIF EDISON June2-27-371-8494 offsite storage 26.95 June:2-29-657-2787 winchesler of 17.92 June:2-29-607-1093 irrig diaz rd 22.30 June:2-29-807-1382 irrig meter 17.92 June 2-29-933-3831 FOC 2,249.25 June:2-29-807-1226 diaz rd irrig 21.25 June 2-14-204-1615 front st rdio 31.02 June 2-31-031-261627991 diaz PED 18.90 June:2-21-981-4720 hwy 79S 32.23 June 2-31 A19-2873: 43000 hwy 395 17.92 2,455.66 132467 07/01/2009 000926 SO CALIF EDISON appl fee:solar initiative prgm/o.t.prkg 1,250.00 1,250.00 Pages apChkLst Final Check List Page: 7 07101/2009 3-57.37PM CITY OF TEMECULA - - Bank : union UNION BANK OF CALIFORNIA (Continued) O Check # Date Vendor Description Amount Paid Check Total 132468 07/01/2009 001212 SO CALIF GAS COMPANY June 129 582 9784 3 FOG 28.01 June:095-167-7907-2: FS#84 138.43 June:101-525-1560-6:FS#73 61.52 June 181-383-8881-6 T. Museum 14.07 June 125-244-2108-3 Library 42.96 June 091-024-9300-5 CRC 1,514.18 June:026-671-2909-8 Comm theater 31.74 June:021-725-0775-4:mpsc 75.19 June 101-525-0950-0 TCC 16.16 June: i 33-040-7373-0:maint fac 27.13 1,949.39 132469 07101/2009 000519 SOUTH COUNTY PEST CONT ROL Pest control srvcs:nsp 6/17/09 134.00 INC pest control srvcs:pbsp 6/15/09 94.00 228.00 132470 07/01/2009 000293 STADIUM PIZZA INC Refreshments:skate park mg 6/19 43.34 retreshmenls:csd parade mtg 1212 39.19 Refreshments: skaters challenge 300.84 38137 132471 07101/2009 009452 STRAWN, WILLIAM R. Reimb:supplies for Theater 55.25 55.25 132472 07/01/2009 000305 TARGET BANK BUS CARD SRVCS Swim supplies:aquatics pgrm 119.92 Misc supplies:skate park 50.95 Misc rec supplies:crc O 97.31 Misc. supplies: childrens museum 145.64 Misc supplies:FAM pgrm 309.95 Misc office supplies:crc 147.87 Misc supplies:F.1 T. pgrm 87.22 958.86 132473 07101/2009 008292 TEMECULA DIESEL AUTO & Truck Repair:Pw Maint 264.00 TRUCK Truck Repair:Pw Mainl 754.98 1,018.98 132474 0710112009 012733 TEMECULA SOUNDS refund:overpaymnl of elect fees 79.80 79.80 132475 07/01/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcssenior center 1631 16.31 CENTR 132476 07101/2009 003941 TEMECULA WINNELSON Misc plumbing supplies:var parks 10.77 10.77 COMPANY 132477 07/01/2009 000668 TIMMY D PRODUCTIONS INC Entertainment:July 4th Event 19,500.00 19,500.00 132478 07/01/2009 003031 TRAFFIC CONTROL SERVICE INC Street traffic materials: PW Maint 452.40 452.40 O Page:? apChkLst Final Check List Page: 8 7/01/2009 3.573 7PM - CITY OF TEMECULA - 0 t / Bank : union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 132479 07101/2009 012725 TRZOP, NICHELLE TCSD Instructor Earnings 714.00 TCSD Instructor Earnings 1,411.20 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 901.60 3,967.60 132480 07101/2009 010276 TW TELECOM June:high speed internet:mpsc 44.95 44.95 132481 07/01/2009 001561 USA MOBILITY WIRELESS INC June:paging svcs:tcsd,prk rngr,pw 158.52 158.52 132482 0710112009 012549 UPODIUM City vehicle maint supplies:Stn 84 47.30 47.30 132483 07/01/2009 004261 VERIZON June:xxx-2676 general usage 35.04 June:xxx-3526 fire alarm 105.12 June: xxx-5696 sports complex 35.04 June:xxx-5706 Field OPS ctr 184.98 June:xxx-2016 reverse 911 120.33 480.51 132484 07101/2009 004789 VERIZON ONLINE June:internet svc PD DSL 42.99 42.99 132485 0710112009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:City facilities 1,560.25 1,560.25 O 132486 07/01/2009 003931 WELLS FARGO BANK NAIL ASSN rel, relentioNescrow:O.T. Infrstr Prkg 1,593.74 1,593.74 132487 07/0112009 000339 WEST PUBLISHING CORP 5121-6120 Law Library Judicial Updates 342.63 342.63 132488 07/0112009 012360 WOODSIDE HOMES OF refund:permit chrg'd incorrectly 147-69 147.69 CALIFORNIA _ 132489 0710112009 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 100.10 100.10 132490 07101/2009 003776 ZOLL MEDICAL CORPORATION Misc medical supplies:paramedics 2,061.22 Misc medical supplies:paramedics 516.56 2,577.78 Grand total for UNION BAN K OF CALIFORNIA: 2,050,191.22 O Page8 apChkLst _ Final Check List Page: 9 07/0112009 3:57:37PM CITY OF TEMECULA - - - O 104 checks in this report. Grand Total All Checks: - 2,050,191.22 O O Page9 apChkLst Final Check List Page: 1 0710912009 1:5635PM - CITY OF TEMECULA k G B i UNION BANK OF CALIFO an un on RNIA Check # Date Vendor - - Description - Amount Paid Check Total 1285 07/09/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment- 2 employees 578.84 578.84 1286 07/09/2009 000245 PERS- HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 87,123.73 Blue Shield HMO Payment 0.00 87,123.73 1287 07/09/2009 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 10,233.92 10,233.92 1288 07109/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,879.43 129,879.43 RETIREMENT) 1289 07/09/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 6,676.86 6,676.86 SOLUTION 1290 07109/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 39,783.91 39,783.91 SOLUTION 1291 07109/2009 000283 INSTATAX (IRS) Federal Income Taxes Payment 114,175.09 114,175.09 1292 07/09/2009 000444 INSTATAX (EDD) Slate Disability Ins Payment 31,804.14 31,804.14 013249 / 1 07 01/2009 011984 A MAZE IN TIME INC Inflatable maze: 4th of July 700.00 700.00 132492 07/01/2009 012824 ALL PRO DISPLAYS 8 GRAPHICS promo equip: Econ Dev 1,593.88 1,593.88 132493 0710112009 000936 AMERICAN RED CROSS class certificates: Aquatics pgrm 256.00 256.00 132494 07101/2009 001947 AMERIGAS propane fuel: Stn 92 24.71 24.71 132495 07101/2009 008732 ANSWERBAND INC, THE Performance:Summer Concerts 719-10 3,000.00 3,000.00 132496 07/01/2009 003203 ARTISTIC EMBROIDERY 50% deposit uniforms: TCSD 1,34296 1,347.96 132497 07/01/2009 011438 BAKER, BLYTHE EDEN High Hopes Dance/Choir 5/13 850.00 850.00 132498 07/01/2009 008286 BRASGA, CAZI reimb: travel charger/dock stn 91.33 91.33 132499 07101/2009 002786 4N6XPRT SYSTEMS forensic software: Police 225.00 225.00 Page:1 apChkLst 07/0912009 1:56:35PM _ Final Check List CITY OF TEMECULA - - Page: 2 Bank : union UNIO N BANK OF CALIFORNIA (Continued) O Check # Date Vendor Description Amount Paid Check Total 132500 07/01/2009 011984 A MAZE IN TIME INC inflatable maze: 4th of July 700.00 700.00 132501 07/06/2009 000249 PETTY CASH Petty Cash Reimbursement 605.00 605.00 132502 07/09/2009 003552 A F L A C AFLAC Cancer Payment 3,291.88 3,291.88 132503 07/09/2009 001104 A R M A 09/10 mbrshp:Flores, Gwyn 220.00 220.00 132504 07/0912009 000434 ACCELA.COM license fees:Accela software pgrm 29,185.35 29,185.35 132505 07/09/2009 008552 ADKINS DESIGN CONSULTING Jun Graphic Design Svc:Cultural Arts 224.30 Jun Graphic Design Svc:Theater 649.22 873.52 132506 07/09/2009 004802' ADLERHORST INTERNATIONAL Apr-Jun Training: Police K-9 300.00 300.00 INC 132507 07/0912009 004422 AMERICAN BATTERY Repair/Maint: Pd Trailer Battery 274.37 27437 CORPORATION 132508 07/0912009 012856 AMERICAN TRUCK BODIES & vehicle repair/maint: Fire 1,840.98 1,840.98 REPAIR O 132509 07/09/2009 000101 APPLE ONE INC Temp Help PPE 6/13: Ortiz, V 497.00 497.00 132510 07/0912009 004623 AQUA TECH ENTERPRISES misc pool equip: Aquatics pgrm 277.68 277.68 132511 07/09/2009 012817 ARK MARKETING advertising deposit: Theater 405.00 405.00 132512 07/09/2009 001323 ARROWHEAD WATER INC Bottled wlr Svcs: Maint Facility 200.12 Bottled wtr Svcs: TES pool 34.96 Bottled wtr svcs. CHS pool 40.03 Bottled wtr svcs: PBSP 36.30 Bottled wlr svcs Fld Op Ctr 17.38 Bottled wlr svcs: Library 58.90 Bottled wtr svcs: Theater 54.91 Bottled Mr svcs: TCC 29.19 Bottled wtr svcs: Skate Park 8.69 Bottled wtr svcs: Ch Museum 42.94 Bottled wlr svcs: CRC 79.89 Bottled wlr svcs: TV Museum 17.93 Bottled Mr svcs: City Hall 167.01 788.25 Page2 apChkLst Final Check List Page: 3 07/09/2009 1:56:35PM CITY OF TEMECULA ' Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description - Amount Paid Check Total 132513 07/09/2009 012834 AUDIO ADDICTION INC purchase/install:back-up cameras 585.20 purchase/install:back-up cameras 648.85 purchase/install:back-up cameras 141.02 1,375.07 132514 07/0912009 011954 BAKER & TAYLOR INC (91) book purchase: Library 2,186.69 2,186.69 132515 07/09/2009 003814 BALLREICH, MICHAELA refund: lifeguard Iraq 5002.303 135.00 135.00 132516 07/09/2009 010189 BANNER AMERICAN PRODUCTS lamination supplies:Central Svcs 565.50 565.50 132517 07109/2009 012977 BASSO IMPORTS, BY JAS refund.dupl paymm online:#030499 35.00 35.00 DESIGNS 132518 07/09/2009 004040 BIG FOOT GRAPHICS Recycle Tote Bags: Theater 900.00 900.00 132519 07/0912009 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 502.00 DUI & drug screenings: Police 802.80 DUI 8 drug screenings: Police 550.17 1,854.97 132520 0710912009 009437 BRENNER FIELDER & ASSOC, valve repair:Harveston Lake park 690.58 690.58 0 INC 132521 07109/2009 004176 BROADW ING June long distance & internet svcs 741.00 741.00 TELECOMMUNICATIONS 132522 07/09/2009 012075 BYRD, CRYSTAL refund swim lev 25102.217JB 40.00 refund: swim lev 25102.217HB 40.00 80.00 132523 07/09/2009 003138 CAL MAT Asphalt Products: PW Maintenance 133.77 Asphalt Products: PW Maintenance 290.80 Asphalt Products: PW Maintenance 326.04 750.61 132524 07109/2009 005384 CALIF BAGEL BAKERY & DELI refreshments:Fire dept mtg 4/30 322.83 refreshmenls:CM mtg 6/9 92.13 refreshments:CM mtg 6/3 431.00 refreshments:Council mg 6/9 276.92 1,122.88 132525 07/09/2009 004248 CALIF DEPT OF JUSTICE- May fingerprinting svc: HR/PD 2,792.00 2,792.00 ACCTING 132526 07109/2009 012979 CALLAHAN, BRYCE reimb:boots/pants'09 Mayors SYEP 45.64 45.64 132527 07/09/2009 004971 CANON FINANCIAL SERVICES, Jun copier lease: Stn 84 182.55 182.55 INC 0 Page3 apChkLst Final Check List, Page: 4 07/0912009 1:56:3 5PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) O Check # Date Vendor Description Amount Paid Check Total 132528 07/09/2009 012957 CHAVEZ, ALMA refund:liltle tot chef 1550.101 50.00 50.00 132529 0710912009 004837 CHERRY VALLEY FEED & PET K-9 Food: Police 187.01 187.01 SUPLY 132530 07/0912009 000137 CHEVRON AND TEXACO City vehicles fuel: CM 186.85 186.85 132531 07/09/2009 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW Maint 57.99 First aid supplies: PW Maint 393.56 451.55 132532 07/09/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 116.00 116.00 132533 07/09/2009 012958 CONWAY, EVETTE refund:sec dep:rm rental:crc 150.00 150.00 132534 07109/2009 001264 COSTCO WHOLESALE refreshments: More ad shows 116.77 Supplies: Team PACE 163.59 280.36 132535 07/09/2009 008810 CROSSTOWN ELECTRICAL & video camera equip: PW Traffic 14,660.00 14,660.00 DATA 132536 07/09/2009 004123 D L PHARES & ASSOCIATES Jul lease pymt:PD Old Town store 2,76109 2,763.09 O 132537 07/09/2009 012959 DAVIS, RAMA refund:sec dep:rm rental:crc 150.00 150.00 132538 07/09/2009 002701 DIVERSIFIED RISK/HUB INTL Jun special events premiums 790.00 790.00 132539 07/09/2009 002528 EAGLE GRAPHIC CREATIONS Recognition Award: Econ Dev 1,224.42 1,224.42 INC 132540 07109/2009 007319 EAGLE ROAD SERVICE & TIRE tires for back hoe: PW Maint 93.53 93.53 INC 132541 07/0912009 012960 EHRLICH, KIMBERLY refund:jr sports 34:1860.203 76.00 76.00 132542 07109/2009 009286 ENTERPRISE GROUP copy paper: Central Svcs 4,481.05 4,481.05 O PageA apChkLSt _ Final Check List _ Page: 5 07109/2009 1:56:35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 132544 07/09/2009 001056 EXCEL LANDSCAPE O 132545 07/09/2009 000478 FAST SIGNS 132546 07/09/2009 000206 FEDEX KINKOS INC O (Continued) Description Amount Paid Check Total landscape maint: Old Town 439.28 mainline repair: Signet Series 221.56 mainline repair: Vintage Hills 264.28 mainline repair: Vail Ranch Pkwy 348.35 mainline repair: Vail Ranch Pkwy 247.75 mainline repair: RRSP 85.66 mainline repair. Rancho Highlands 311.40 Valve Replacement: Villages 169.39 valve replacements: Wolf Creek 4,957.50 landscape maint: Saddlewood 203.06 mainline repairs: Villages 185.92 RCV replacement: Winchester Crk 178.81 valve replacement: Vail Ranch Pkwy 180.33 sensor repair: Harveston 415.67 landscape repair: Wolf Creek 58.87 landscape main! Meadowview 1,380.00 landscape maint: Mirada 775.20 landscape maint Woodcrest 2,949.50 landscape maint: Jefferson median 160.00 landscape maint: CRC 3,290.21 Jun Landscape Maint: South Slopes 41,885.00 Jun landscape main! Medians 14,987.00 Jun landscape maint: Sports Parks 43,040.00 Jun Landscape Maint: City Facilities 9,685.00 Jun Landscape Maint: North Slopes 28,494.00 154,913.74 ad show signs at the Merc 16.16 art show signs at the Marc 74.14 High Hopes signs: TCSD 36.14 126.44 misc supplies: Central Svcs 141.24 misc supplies: Central Svcs 43.46 184.70 Pages apChkLst Final Check List Page: 6 07/0912009 - 1:56:35PM - CITY OF TEMECULA . Bank : -union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132547 0710912009 003347 FIRST BANKCARD CENTER FISH HOUSE INC. GY refreshmenls:Emergency mtg 6/2 119,44 MARIE CALLENDER GY refreshments union mtg 6/10 23.29 RESTAURANT 25 SOUTHWEST AIRLINES GR refund airline charge -3.50 PAYPAL GR Pay0ow Pro Transaction 59.95 MOVIE EXPERIENCE, THE HP day camp excursion 6/18 51100 MOVIE EXPERIENCE, THE HP day ramp excursion 6118 1,083.00 AMERICAN AIRLINES RR baggage fee TIS mtg FL 5/27 15.00 AMERICAN AIRLINES RR baggage fee TIS mtg FL 5/31 15.00 AMERICAN AIRLINES RR airfare: RCTC mtg 8/10 259.20 CHEVRON AND TEXACO RR fuel chg rental car: TIS mtg FL 26.60 HILTON RR htl:'09 TIS mtg 5/27-30 FL 264.27 - HILTON RR htl:'09 TIS mtg 5/27-30 FL 164.99 HILTON RR htl:'09 APTA Rail cf Chicago 6114-18 994.49 HERTZ RENT-A-CAR RR car rental:TIS mtg FL 5/27-30 124.31 ONTARIO AIRPORT RR parking:TIS mtg FL 5/27-30 85.00 WESTERN RIVERSIDE COUNCIL RR WRCOG gen mtg 6/25 75.00 OF NATIONAL LEAGUE OF CITIES RR regist:Cong/Cities Exp 11110-14 395.00 ONTARIO AIRPORT RR parking:APTA Rail Cf IL 6/14-18 90.00 4,304.04 132548 07/09/2009 012955 FLESHER, VIVIENNE refund made chrgd rolling fee:police 10.00 10.00 132549 07/0912009 002982 FRANCHISE TAX BOARD Support Payment 557.83 557.83 132550 07/09/2009 003946 G T ENTERTAINMENT announcer: 4th July parade 150.00 150.00 132551 07/0912009 001937 GALLS INC vehicle supplies: Fire 287.69 287.69 132552 07/09/2009 001937 GALLS INC Uniforms: Police Volunteers 174.00 Uniforms: Police Volunteers 5.00 Uniforms: Police Volunteers 15.23 194.23 O O r-) Page6 apChkLst 07109/2009 1.56.35PM Final Check List CITY OF TEMECULA Page: 7 O Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132553 07/0912009 000173 GENERAL BINDING binding supplies: Central Svcs 615.10 CORPORATION lamination supplies: Central Svcs 951.14 lamination supplies: Central Svcs 865.44 2,431.68 132554 07/09/2009 012066 GEOCON INLAND EMPIRE INC Mar geolech svc:Pechanga Pkwy 8,237.35 Apr geotech svc:Pechanga Pkwy 19,306.00 May geotech svc:Pechanga Pkwy 16,871.89 44,415.24 132555 07/0912009 005405 GILLILAND, ROBIN reimb: Ch Museum 5th Anniversary 56.51 56.51 132556 07/09/2009 002174 GROUP 1 PRODUCTIONS Video Production Svc:'09 Soc 2001)0 200.00 132557 07109/2009 012804 GUZMAN, ROXANNE L. DE refund:sec dep:nn rental:cm 150.00 150.00 132558 07/09/2009 000186 HANKS HARDWARE INC Hardware supplies: PW Maint 279.43 Hardware supplies: PW Traffic 696.50 Hardware supplies: Info Sys 599.20 Hardware supplies: TCSD 1,668A2 Hardware supplies. Ch Museum 96.67 Hardware supplies: Aquatics 202.93 O Hardware supplies: TCSD 1,447.40 Hardware supplies: TCC 10.95 Hardware supplies: Theater 11.86. Hardware supplies: Library 16.20 Hardware supplies: City Hall 48.26 Hardware supplies: Maint Facility 5.08 Hardware supplies: TV Museum 7224 5,155.14 132559 07/09/2009 001135 HEALTHPOINTE MEDICAL employee DOT physical: HR 45.00 GROUP INC pre-employment physical: HR 35.00 80.00 132560 07109/2009 001013 HINDERLITER DE LLAMAS & 4th qtr sales tax cnslt: Finance 3,046.15 3,046.15 ASSOC 132561 07/09/2009 000963 HOGAN, DAVID Retirement Medical Payment 699.00 699.00 132562 07/09/2009 004217 HYDRO TEK COMPANY graffiti removal supplies: PW Maint 45.61 45.61 132563 07109/2009 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,35425 11,354.25 303355 Page:7 apChkLst 0710912009 _ 1:56.35PM Final Check Lis[ CITY OF TEMECULA Page: 8 Bank : union UNIO N BANK OF CALIFORNIA (Continued) O Check# Date Vendor Description Amount Paid Check Total 132564 07/0912009 006914 INNOVATIVE DOCUMENT May copier maint/usage: Citywide 4,667.38 SOLUTIONS fax camidges/copier staples:CS 1,975.99 fax machine supplies: Citywide 123.91 fax machine supplies: Citywide 647.06 May copier maint/usage: Library 1,148.82 8,583.16 132565 07/09/2009 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:Aquatics 917.85 917.85 INC 132566 07109/2009 000501 INTL INSTITUTE OF MUNICIPAL 09110 mb:Jones, Ballreich, Flores 340.00 340.00 132567 07/0912009 012793 ISCIENCE DVD, LLC videography svcs: Ch Museum 3,000.00 - 3,000.00 132568 07/0912009 004884 J & W REDWOOD LUMBER CO lumbedmisc supplies: PW Maint 809.00 809.00 INC 132569 07109/2009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00 132570 07/09/2009 010412 JOHNSON POWER SYSTEMS Generator Prev Maint: Sin 73 322.95 Generator Prev Maint Stn 84 334.32 Generator Prev Maint: Stn 92 322.95 O Generator Prev Maint Fld Op Ctr 814.10 Generator Prev Maint: City Hall 430.51 2,224.83 132571 07/09/2009 012853 JOLLY, CYNTHIA refund:sec dep:mr rental:crc 150.00 150.00 132572 0710912009 003046 K F R O G 95.1 FM RADIO broadcast Svcs: Street Painting 1,040.00 1,040.00 132573 07/09/2009 000209 L & M FERTILIZER INC Hardware supplies: PW Maint 211.20 Hardware supplies: Fire 795.23 1,006.43 132574 07/0912009 001085 L N CURTIS & SONS vehicle repair/maint: Squad 84 1,810.69 1,810.69 132575 07/09/2009 007188 LAERDAL MEDICAL CORP. CPR supplies: Paramedics 567.63 567.63 132576 07/0912009 012961 LARSON, KIM refund: kids in kitchen:EL/CL 264.00 264.00 132577 07/09/2009 003726 LIFE ASSIST INC medical supplies: Paramedics 179.68 medical supplies: Paramedics 121.24 300.92 132578 07/09/2009 008610 M C R STAMPS DJ srvcs:high hopes 6119109 25.00 25.00 O PageB apChkLst _ Final Check List _ Page: 9 0710912009 1:56:35PM CITY OF TEMECULA - 0 Bank : union UNION BANK OF CALIFORNIA - (Continued) - Check # Date Vendor Description Amount Paid Check Total 132579 07/0912009 003782 MAIN STREET SIGNS Street signs:pw maint div 8,409.91 8,409.91 132580 07109/2009 000217 MARGARITA OFFICIALS ASSN Jun officiating srvcs:sports prim 2,870.00 2,870.00 132581 0710912009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 676.20 TCSD Instructor Earnings 490.00 TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 245.00. TCSD Instructor Earnings 434.70 2,125.90 132582 07/09/2009 006571 MELODY'S AD WORKS INC. mrkl & pr expenses: Street Painting 1,085.87 1,085.87 132583 07109/2009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,414.28 8,414.28 132584 07/0912009 007210 MIDORI GARDENS mainline repairs:Serena Hill Park 1/8/09 18428 mainline repairs: Vail Ranch Park 3f7/09 616.12 800.40 132585 07/0912009 007669 MILES, KATRINA TCSD Instructor Earnings 147.00 147.00 0132586 07/0912009 012962 MILLER, MISTY refund:little learners 4-5 yrs:JF/AF 767.00 767.00 132587 07109/2009 004002 MILNER SIGNS CERT Trailer signage: TCC 2,909.70 2,909.70 132588 07/09/2009 012580 MINUTEMAN PRESS Printing Srvcs:TCSD 1,278.79 1,278.79 132589 07/09/2009 001892 MOBILE MODULAR 6/15-7/14 lease: The Pantry 1,042.91 1,042.91 132590 07/09/2009 000883 MONTELEONE EXCAVATING Install truncated domes:Pechanga 13,125.00 13,125.00 132591 07/0912009 004586 MOORE FENCE COMPANY Install traffic gates: wolf valley 6,139.70 Fence repair:pbsp 842.51 6,98221 132592 07/09/2009 004522 MULLIGANS FAMILY FUN reimb/bckgrnd screenings:Mayor's SYEP 497.00 497.00 CENTER 132593 07/09/2009 012978 NAIOP '09 mbrshp dues:A.A./T.M./G.WJC.D. 1,920.00 1,920.00 132594 07/0912009 012956 NEELEY, J.L. & S.L. refund:w/d applAth of July event 300-00 300.00 132595 07/09/2009 000233 NELSON, SHAWN reimb: Jun'09 internet services 44.99 44.99 0 Page9 apChkLsl 0710912009 1:56:35PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) O Check# Date Vendor Description Amount Paid Check Total 132596 07/09/2009 002139 NORTH COUNTY TIMES Jun advertising:Slreel Painting 784.34 784.34 132597 07/09/2009 002139 NORTH COUNTY TIMES - May newspaper subscr:mpsc 27.30 27.30 132598 07109/2009 009570 O C B REPROGRAPHICS Jun dup blueprintslraffic sgnl 71.64 71.64 132599 07/09/2009 003964 OFFICE DEPOT BUSINESS SVS pool safety flyer printing: Fire 3,634.32 3,634.32 DIV 132600 07/09/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 169.57 169.57 132601 07/09/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:childrens museum 14.99 INC Misc supplies:childrens museum 26.96 Misc supplies:day camp pgrm 123.40 165.35 132602 07/09/2009 006552 PAINTED EARTH Excursion:day camp 6/25 1,265.85 1,265.85 132603 07/0912009 012963 PARISH, MARTIN refund:sec dep:rm rental:crc 150.00 150.00 132604 07/09/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 O PROGRAM 132605 07/09/2009 000249 PETTY CASH Petty Cash Reimbursement 465.48 465.48 132606 07/09/2009 012964 PIERCE, KATHLEEN refund:liny tots 1040.201 60.00 60.00 132607 0710912009 002185 POSTMASTER renew permit #5 std mailing:tcsd 185.00 185.00 132608 07/0912009 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 502.20 502.20 132609 07/09/2009 004627 PUBLIC SAFETY TECHNOLOGIES radar repair:Police 227.50 227.50 INC 132610 07/09/2009 004529 QUAID TEMECULA HARLEY- Jun veh repair & maintpolice 2,169.09 2,169.09 DAVIDSON 132611 07/09/2009 001416 QUICK CRETE PRODUCTS INC Recycling container lids:var parks 2,438.18 2,438.18 O Page:10 apChkLst _ Final Check List 0710912009 - 1:56:35PM CITY OF TEMECULA - O Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Page: 11 Amount Paid Check Total 132612 07/09/2009 000728 RAMSEY BACKFLOW & Backfiow testing & repaircitywide 245.00 PLUMBING Backflow testing & repair:var.medians 105.00 - - Backflow testing & repamparks 35.00 Backflow testing & repair:blrfld stage 35.00 Backflow testing & repairpechanga pkwy 35.00 Backflow testing:wolf creek 245.00 Backflow testing:serena hills 35.00 Backflow repair:sports park sites 2,439.00 Backflow, repair:var park sites 3,069.00 Backflow testing:mpsc 70.00 Backfiow testing:crowne hill 245.00 Backflow, repair:villages/meadows pkwy 1,208.00 Backflow, tesling:crc 105.00 Backflow testing:tcc 70.00 Backflow, testing:city hall 140.00 Backfow testing:saddlewood 70.00 Backfiow repairsaddlewood/pavillion 218.00 Backflow, testing:vintage hills 315.00 Backflow testing.presley 210.00 Backfiow repairs:presley 164.00 Backflow testing:miranda 105.00 O Backflow testing:temeku hills 210.00 Backflow tesfing:campos verdes 35.00 Backflow, testing:richmond american 35.00 Backflow, repairs.wolf creek 136.00 Backflow, repairlhealer 168.00 Backflow, repairlibrary 164.00 Backflow lesting:library 105.00 Backflow testing:theater 140.00 Backflow testing:childrens museum 70.00 Backflow, tesling:history museum 105.00 Backflow repairs:tcc 326.00 Backflow lesting:villages 420.00 Backflow, lesting:wolf creek 70.00 Backflow testing:interim fire stn 70.00 Backflow lesting:fre stn 73 70.00 Backflow, testingTre stn 84 105.00 Backflow, testing:fire stn 92 70.00 132613 07109/2009 000262 RANCHO CALIF WATER DISTRICT June: various water meters:PW 930.45 June:water meters:TES pool sc-2 809.56 June:vadous water meters:tcsd 40,206.96 June water meter:murr crk:PW01-27 1973 June:water meter murr crk:PW0l-27 19.73 June: various water meters fire stns 571.75 11,462.00 42,558.18 Page.-I1 apChkLst Final Check List Page: 12 0710912009 1.56.35PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) O Check # Date Vendor Description Amount Paid Check Total 132614 07/09/2009 009762 REDHAWK COMMUNITY Utility reimb:redhawk medians 2,657.20 2,657.20 ASSOCIATION 132615 07/09/2009 004584 REGENCY LIGHTING electrical supplies:t. museum 301.51 electrical supplies:tcclvacparks 211.94 electrical supplies:crc 117.45 630.90 132616 07/09/2009 003591 RENES COMMERCIAL Trash & weed abatement:citywide 5,650.95 5,650.95 MANAGEMENT 132617 07/09/2009 002412 RICHARDS WATSON & GERSHON May 2009 legal services 106,938.39 106,938.39 132618 07/09/2009 012148 RICHARDSON TECHNOLOGIES HVAC repaircity hall 1,18234 INC HVAC repairsln 92 6/17 174.00 HVAC repairstn 92 6/11 21750 1,573.84 132619 07/09/2009 008928 RIGEL PRODUCTS & SERVICE Misc traffic signs:pw maim div 144.86 144.86 132620 07/09/2009 001365 RIVERSIDE COUNTY OF (14) food handling tests:Mayor's SYEP 280.00 280.00 132621 07/09/2009 001365 RIVERSIDE COUNTY OF (5) food handling tests:Mayor's SYEP 100.00 100.00 O 132622 07109/2009 004822 RIVERSIDE TRANSIT AGENCY (3) RTA bus passes:Mayor's SYEP 120.00 120.00 132623 07/09/2009 000873 ROBERTS, RONALD H. reimb: Jul'09 internet services 44.99 44.99 132624 07109/2009 000815 ROWLEY, CATHY TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 94.50 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 42.00 420.00 132625 07/0912009 000277 S & S ARTS & CRAFTS INC Misc supplies:day camp 196.75 Misc supplies:day camp 482.51 679.26 132626 07/0912009 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,108.49 1,108.49 132627 07/09/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 132628 07/09/2009 009980 SANBORN, GWYN Country @ the Merc 06127/09 232.50 232.50 132629 07/09/2009 012869 SCOTTYS EMBROIDERY Recognition uniform shirts:fire 469.15 469.15 O _ Page:12 apChkLst Final Check List Page: 13 07109/2009 1:56:35PM - - CITY OF TEMECULA ' Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 132630 07109/2009 012840 SECC CORPORATON Conduit proofing: PIN traffic div 132631 0710912009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 132632 07/09/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment Support Payment 132633 07/09/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment 132634 07/0912009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 132635 07/09/2009 009213 SHERRY BERRY MUSIC 132636 07/09/2009 009746 SIGNSBYTOMORROW 132637 07/09/2009 004534 SKYTERRA 0132638 07/0912009 000645 SMART 8 FINAL INC O Jau @ the Marc 06/25/09 Reclaimed water signs - var. park sites Jun EOC city satellite phone Misc supplies:merc art show Misc supplies:summer youth pgrm Amount Paid 5,900.00 411.16 200.00 0.00 100.00 100.00 252.00 1,060.48 145.86 246.01 439.18 Check Total 5,900.00 411.16 200.00 100.00 100.00 252.00 1,060.48 145.86 685.19 Pagel3 apChkLst _ Final Check List _ Page: 14 0710912009 1:56:35PM - CITYOFTEMECULA - - Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 132639 07/09/2009 000537 SO CALIF EDISON 132640 0710912009 001212 SO CALIF GAS COMPANY (Continued) Description June:2-29-953-8447 wlf Ally rd PED June:2-27-805-3194 Theater June: 2-29-657-2563 var meters:tcsd June:2-00-397-5042 City Hall June:2-29-953-8249 wolf crk dr FED June 2-29-953-8082 wolf valley June:2-19-171-8568 wedding chpl June 2-02-351-4946 MPSC June:2-25-393-0681 TES pool June 2-18-937-3152 T.Museum June:2-28-629-0507 Library June 2-29-458-7548 wolf crk PED June 2-29-657-2332 redwood of PED June2-31-282-0665 27407 diaz PED June 2-29-295-3510 32211 wolf vly June 2-29-224-0173 Fire Stns June 2-00-397-5067 var mtrs:tcsd June 2-28-904-7706 overland trail June:2-30-5204414 32781 tem pkwy June 2-31 A04-6020 28771 old twn June 2-29-223-8607 old two FED June:2-20-817-9929 police O.T. stn June 2-30-220-8749 45850 n wolf crk June 2-02-502-8077 maint fac June:091-085-1632-0 T.E.S. Pool 132641 07109/2009 002503 SOUTH COAST AIR QUALITY FY 08109 emissions fee: Library FY 08109 among gen.op fees.Library 132642 07/09/2009 000519 SOUTH COUNTY PEST CONTROL Jun pest control srvcs:OATC INC Jun pest control srvcs:City facilities 132643 07/09/2009 007762 STANDARD INSURANCE Mandatory Life Insurance Payment COMPANY 132644 07/09/2009 012723 STANDARD INSURANCE COMPANY 132645 07/09/2009 008164 SUN CITY GRANITE INC 132646 07/09/2009 011667 T & T JANITORIAL INC 132647 07/09/2009 011897 TAG/AMS INC Voluntary Supp Life Insurance Payment Pavers : veterans memorial Jun janitorial srvcs:City facilities Jun janitorial swcs:Police storefront Drug & Alcohol Screening: HR Prgm Amount Paid ,18.56 6,428.98 151.98 7,18452 17.92 21.43 74.47 1,623.86 712.79 971.13 11,526.73 250.12 19.84 22.13 1,233.76 1,720.15 1,727.56 154,84 208.88 1,274.02 439.24 274.67 389.48 1,784.38 728.19 109.00 29321 48.00 593.00 11,375.99 660.20 2,663.20 7,301.76 790.00 455.00 O Check Total O 38,231.44 728-19 402.21 641.00 11,375.99 660.20 2,663.20 8,09176 455,00 Page 14 apChkLst _ Final Check List Page: 15 07/09/2009 - 1:56:35PM CITY OF TEMECULA 0 Bank : union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 132648 07/09/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:pw dept 108.74 Misc supplies:summer youth pgrm 296.07 Misc supplies:childrens museum 4152 - Mist; supplies:childrensmuseum 112.16 Misc supplies:theater 164.85 723.34 132649 07/09/2009 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,983.00 4,983.00 132650 07/09/2009 000168 TEMECULA FLOWER CORRAL Sunshine Fund 136.92 136.92 132651 07/09/2009 010848 TEMECULA PLANTSCAPE Jun planlscape srvcs:library 400.00 400.00 132652 07/09/2009 005970 TEMECULA VALLEY PLAYERS Smile production:Theater 6/19-28/09 369.29 369.29 132653 07/09/2009 000919 TEMECULA VALLEY UNIFIED fy 08/09 chs pool maint agrmnt pmt 41,014.42 41,014.42 SCHOOL 132654 07/09/2009 003941 TEMECULA WINNELSON Plumbing supplies:CRC 37.58 37.58 COMPANY 0132655 07/09/2009 000319 TOMARK SPORTS INC Volleyball Nets: CRC 148.38 148.38 132656 07/09/2009 004145 TW TELECOM June:city phones gen usage 5,653.21 5,653.21 132657 07/09/2009 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 225.00 225.00 132658 07109/2009 002065 UNISOURCE Paper supplies:central services 737.41 737.41 132659 07/09/2009 000199 UNITED STATE TREASURY Support Payment 250.00 250.00 132660 07/09/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 132661 07/0912009 004261 VERIZON June:xxx-9897 general usage 87.93 June:xxx-0049 general usage 35.04 June:xxx-1999 general usage 40.31 163.28 132662 07/09/2009 002109 WHITE CAP INDUSTRIES INC Misc maint supplies: PW Maint 137.03 137.03 132663 07/0912009 012568 ZEBRA TECHNOLOGIES CORP Repair Citation Prinler:Pd Traffic 380.00 380.00 0 Page:15 apChkLst Final Check List Page: 16 07109/2009 1:5635PM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 1.124,419 01 O O Page:16 apChkLst Final Check List Page: 17 0710912009 1:56:35PM CITY OF TEMECULA - O 180 checks in this report. Grand Total All Checks: 1,124,419.01 O Pagel 7 ITEM NO. 4 O 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: July 28, 2009 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. BACKGROUND: Prior to the 2003-04 Budget Act, California Government Code Section O 53646 required the Treasurer or Chief Fiscal Officer of California local governments to render an annual statement of investment policy and quarterly reports containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. These requirements were intended to provide the legislative body the ability to meet its fiduciary obligations as a trustee and to increase the exposure of the public agency's investment activities to those outside the agency. Even though local governments are no longer mandated, they are encouraged to render an annual statement of investment policy and quarterly reports. The attached Treasurers Statement of Investment Policy conforms to the California Government Code and to the requirements and guidelines established by the California Municipal Treasurer's Association (CMTA) and the California Society of Municipal Finance Officers (CSMFO). The City of Temecula has a majority invested in the State of California Local Agency Investment Fund (LAIF). This investment is consistent with the City's investment policy that prioritizes safety and liquidity. While investing in LAIF remains a viable option for the City and provides excellent liquidity to address the City's cash flow needs, staff continues to diversify the portfolio and manage investments in an effort to maximize earnings, to protect the City during a changing economy, while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management. The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 22, 2008. FISCAL IMPACT: None. O ATTACHMENTS: Proposed Statement of Investment Policy CITY OF TEMECULA Investment Policy O . The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. ~~OBJECTIUES >=4~ The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by O investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts, and (c) prohibiting the taking of short positions - that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. 3. of The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue, and Finance, Fiscal Provisions Generally and Government Code Sections 5922, 16429.1, 53600 to 53609, and 53630 to 53686, which. include parameters for authorized O investments, report of investments and investment authority. 4. To generate a maximum amount of investment income within the parameters of Approved by City Council: July, 2009 City of Temecula INVESTMENT POLICY Page 2 rudent risk management and consistent with the above policies. O The City's investment portfolio shall be designed to attain a market-average rate of return through. economic cycles. The market-average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601(1) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. Furthermore, California Government Code Section 5922(d) provides that notwithstanding any other provision of law, proceeds of bonds and any moneys set aside and pledged to secure payment of the bonds or certain other contracts specified in Section 5922, may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds or the contract. O The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: ✓ Establishing procedures for operation consistent with the investment policy. ✓ Approving daily investment transactions. ✓ Developing projections of the City's cash requirements for operating needs- • Reviewing the liquidity position of the investment portfolio. ✓ Ensuring that the City's cash position is consistent with operating requirements. ✓ Preparing appropriate investment reports- • Developing, implementing and monitoring controls over investments. ✓ Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: O Approved by City Council: July, 2009 City of Temecula INVESTMENT POLICY Page 3 O When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person-acting ina like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). This section is intended to comply with Government Code Sections 53601 and 53608. REPORTING The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as O an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall at least annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. QUALIFIEbrDEALERS " The City shall transact investments only with banks, savings and loans, state-licensed investment security broker-dealers, the State of California Local Agency Investment Fund, or brokerage firms designated as primary government dealers by, and regularly reporting to, the New York Federal Reserve Bank. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's Broker/Dealer Questionnaire (Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. O Approved by City Council: July, 2009 Cit of Temecula INVESTMENT POLICY Page O Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived" The City is further governed by the California Government Code, Sections 5922, 16429.1, and 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: B credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obligations issued by the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), and other United States agency obligations with maturities of five years or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor' rule shall apply for a single agency name. Maturity is not to exceed the projected dates of O the City's cash needs or five years, whichever is less. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not. exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial paper ranking of the highest letter and number rating by a nationally rating on its long-term debentures as provided by a NRSRO. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days. O Approved by City Council: July, 2009 Cit of Temecula INVESTMENT POLICY Page 5 O Negotiable certificates of deposit issued by nationally or state-chartered banks or state or federal savings and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Repurchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase O agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. As to the deposits of non-surplus funds, the City may invest in non- negotiable time deposits collateralized in accordance with the California Government Code (including, but not limited to, entering into a contract with the depository institution pursuant to California Government Code Section 53649) in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The depository institution should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the depository institution must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The depository institution's operation must have been profitable during their last reporting period. O Approved by City Council: July, 2009 Ci of Temecula INVESTMENT POLICY Page 6 Money Market Funds. The City may invest in money market funds that invest solely in U.S. O Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations: To be eligible, the money market fund must have attained the highest ranking available as evaluated by a nationally recognized rating service and retained an investment advisor with not less than five years experience and that is registered with. the SEC, and which advisor has assets under management in excess of $500 million. Except as otherwise noted, this list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds (other than money market funds), zero coupon bonds, inverse floaters, mortgage- derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. O Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. O Approved by City Council: July, 2009 City of Temecula INVESTMENT POLICY Page 7 =.ETHICS';A" WCONFLICT,OF.INT.EREST Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. In addition, no funds shall be invested in negotiable certificates of deposit issued by, or non-negotiable time deposits under contract with a State or Federal credit union if a member of the City Council or any person with investment decision making authority in the administrative office, manger's office, budget,office, auditor-controller's office, or treasurer's office of the City also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the State or Federal credit union issuing the negotiable certificates of deposit or in which the non-negotiable time deposit is proposed to be deposited. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. O O Approved by City Council: July, 2009 ITEM NO. 5 O 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: July 28, 2009 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: O 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) BACKGROUND: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998, the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998, special tax refunding bonds in the amount of $18,690,000 were issued. This refunding will result in savings in debt service costs of approximately $2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting O amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax, calculated by the City's Special Tax Consultant, required to be levied for the 2009/10 fiscal year is $1,577,721.00. FISCAL IMPACT: The calculated special tax required to be levied for the 2009/10 fiscal year is $1,577,721.00. ATTACHMENTS: Resolution No. 09- Final Budget for Fiscal Year 2009/10 O O O O RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello- Roos Community Facilities District Act of 1982, as amended (the "Act'). Section 2. The Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of O $1,577,721.00 on the parcels which comprise the CFD for Fiscal Year 2009/10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked O "CFD No..88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The City Clerk shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of July, 2009. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foreg O City of Temecula Community Facilities District No. 88-12 Final Budget for Fiscal Year 2009110 Category/item FY 2009110 FY 2008109 Increase! (Decreasa) Principal and Interest Principal $995,000.00 $940,000.00 $55,000.00 Interest 536,215 00 566,505.00 (50,290.00) Subtotal: $1,531,216.00 $1,526,505.00 $4,710" Admin. Expenses Agency administrative costs $30,000.00 $30,000.00 $000 Trustee/Paying Agent costs 3,300.00 3,300.00 0.00 County collection fees (1) 234.00 202.80 31.20 Arbitrage calculation mats 0.00 2,000.00 (2,000.00) Continuing disclosure costs 1,35264 1,352.64 0.00 Reimbursement Costs 5,250.00 5,000.00 250.00 Administration costs 6,237 33 5,725,00 512.33 Administration expenses 135-00 285.00 (150.00) Subtotal: $46,608.97 $47,865.44 $(1+366'17) Miscellaneous DM charges - cistricl-vnde $0.00 $308.40 ($308,40) Manual adjustments 0,00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Special Tax Fund Credit 0 00 0.00 0,00 Installment rounding (2.97) (1.82) (1.15) Subtotal: 7P $(2.97) $306.68 $(309.66) Grand Total: $1,577,721.00 $1,574,677.02 Total Accounts: 520 520 The Grand Total my be reduced by county collection fees shown above if the county retains such fees from the apportionment of funds. Footnotes: (1) Equal to $0.45 per parcel. Budget Notes: The Rate and Method of Apportionment allows for Me levy of Facilities and Incidentals. The Facilities have been completed. All Incidental Expenses related to the administration of the District are included in this budget report. $3,043.98 0 Copyright®1999-2DOB NBS 61222009 4:13:06PM O O O ITEM NO. 6 O Approvals City Attorney Director of Finance SL~/(J//U City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 28, 2009 SUBJECT: Parcel Map No. 36203, located on west side of Diaz Road, between Sarah Way and Via Dos Picos PREPARED BY: Daniel A. York, City Engineer John Pourkazemi, Associate Engineer- Land Development Division RECOMMENDATION: That the City Council approve Parcel Map 36203 in conformance with the Conditions of Approval, and Subdivision Improvement Agreement and accept the Faithful O Performance Bond and Labor and Material Bond as security for the agreement. BACKGROUND: Parcel Map No. 36203 proposes to subdivide 10.93 gross acres into two (2) parcels- 3.4 net acres and 7.1 net acres, respectively - for light industrial use/development. The parcel map is located on west side of Diaz Road, between Sarah Way and Via Dos Picos. Tentative Parcel Map No. 36203 (PA09-0124) was approved at the May 28, 2009 Director's Hearing. The map was conditioned to provide certain public improvements along the property's frontage on Diaz Road. Improvements, include public sidewalk and a portion of a raised landscaped median. A Subdivision Improvement Agreement, Faithful Performance Bond and Laborand Material Bond guarantee installation of the said public improvements. The survey monuments have been set. The property owners, The Garrett Group LLC, a California Corporation, 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. 36203 O O O CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 36203 DATE: Julv 28. 2009 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 74,000.00 $ 37,000.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 74,000.00 $ 37,000.00 Monumentation $ 0.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ To Be Paid Development Impact Fee $ `TBD SERVICE FEES Planning Fee $ 340.00 Fire Fee $ 241.00 TCSD Fee $ 165.00 Plan Check Fee $ 2,225.00 Monumentation Inspection Fee $ 319.00 Fees Paid to Date $ 3,290.00 Balance of Fees Due $ 0.00 *To Be Determined O VICINITY MAP NO SCALE SITE 0 0 0 NUMBER OF FMCEU: 2 PARCELS NUNDER CF UTTERED LOTS: I LOT GROSS MCA: 10.932 MET AREA: ID.AIT CANER'S STAMAIENT NE HEREBY STATE MAT NE ME ME ONNERB CF TIE UN] IN0.UpEp AM ME BUBDINyON $NOMJ HEREON: MAT NE APE T1E OnLY pERBOMS Wr10EE CONSENT IS ACCESSARY TO PASS A CIEM TT.F TO SAID LINO: MAT ME CONSENT TO ME MAKING ANTI RECORDING OF MIS SIBDINSWN MAP AS SAO. CUMIN ME DISTNCnW BANDER UNE NE HEREBY DEDICATE TO PUBLIC USE FOR 51REET AND WBUC UTUW PURPOSES LOT 'A' (NAZ ROAD) AS A CGVDIT N CP DEPCATON OF LOT 'A' (DIAZ ROAD), ME OAnn DF PARCEL 1, ABUTTING MIS NCI AND DURING SUCH TIME WILL HAW NO RGHTS OF ACCESS EXCEPT ME GENERAL EASEMENT OF T cl: EYCEPTNG MTV R E. R£TFAND ME )NORMAEShgLR(SE All OF THE SOUTHU5K1flLreo51 OF LIO ACCESS RESTRICTION: MY MMGE OF AUCNMENT OR MOM MAT RESULTS IN ME VACAAGN THEREOF SHALL TERMINATE MIS CCNOINCH OF AMM RGHM AS TO ME PART VACATED. NE ALSO HEREBY RETAIN ME PRIVATE INGREST/ECRE55 EASEMENTS, FOR ME SOLE BENEFIT OF OURSELWS. OUR SUCCESSORS, MSKNEfS. AND PARCEL CANERS MMIN MIS MAP. NAZ ROM PROPERTIES LLL. A CALIFORNIA LIMITED UAOCJTY COMPANY PRAT NANE: PRINT NAME'. PRINT TTE PRINT THE: BENETTdARH COMMUNITY NATIONAL BANK, BENOTCIMY OF OECD OF TRUST RECORDED DECEMBER 1, 2W1 AS INSTRUMENT N0. 200A-NS3102 OR, PRINT NAME: DATE: PRINT TITLE: IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36203 BONG A DINSION OF PARCEL 3 OF PARCEL MAP AS SHONN ON A MAP RECORDED IN BONN 1, PAGE B] OF PARCEL MAPS, RECORDS OF RIWRSJE COUNTY, cAUrN 1 JRN CIVIL ENGINEERS JEFFERY L. MAYS, PUS 6379 JUNE 2009 NOTARY ACKNOW MEDGMTS, STATE OF CALIFORNIA ) COUNTY OF ) 5s. ON MIS BEFORE ME. PERSONALLY APPEARED YMO PROVED TO ME ON ME BASIS OF SADSFACMY ""DOE TO BE ME PCflSpN(5) N1105E NAME(S)13/PATE SUBSCRIBED TO ME MMIN INSTRUMENT AND ACKNDMLEDOED TO ME MAT HE/S4E/THET EXECUTED ME SAME IN HISMER/THDR A'JMOU2ED CMAOYRJES) AND MAT BY MSMER/1NOR SIGNMRE(5) ON ME INSTRUMENT THE PEAWN(E), OR ME ENMY UPON BEHALF OF MACH ME PERSON(S) ACTED. EXECUTED ME ENUMENT. 1 CCHTFT UNDER PENALTY OF PERJURY UNDER ME LAWS OF ME STATE OF BAUFCRNIA MAY ME FCREGgNC PARAGRAPH IS TiUE MD CGRIECT, MMESS MY NAND: SCNANRE NOTARY PUBUC IN AND FD'i 5ND STATE PRINT NANE MY COMMISSION NUMBER: MY COMMISSON EXPIRES'. MY PRINCIPAL PUCE OF BUSINESS IS IN AM" RFr,MD RR RATMFNT SHEET OF 3 SHEETS N - BAY OF 1111 N BCVY'. 5 OF FARM MAPS. AT p GEB Ai AT ME REDDEST OF ME PTY CIERA. Al CF TEMECULA NO. FEE: LARRY W. WINO, CWNTY ASSENTORS-C.ERN-RECORDER SLBDINSION GTJARANTEED BY, FIRST AMERICAN TIRE COMPANY 21RlTYOR'c 5FAMME'NT• MIS MAP WAS PREPARED BY HE OR UNDER MY OIRECTON AND 3 BASED ON A FIELD SURWYY IN CONFORMANCE MM ME REQUIREMENTS OF ME SUBDINSION MM ACT AND LOCAL ORDINANCE AT ME REDDEST OF DIAZ ROAD PROPORTION U.C. A CALIFORNIA LIMITED UMHUTY COMPANY IN JUNE 2009 1 HEREBY STATE MAT ALL MONUMENTS ARE W ME CHARACTER AND O:CUPY ME P09TCN5 IYORITED OR MLL BE SET IN ACCORDANCE MM ME Ng UMENT AGREEMENT FOR NNE MAP. AMID MAT SAID MONUMENTS SHALL SUFTTPENT TO ENABLE ME SURSEY TO BE RETRACED. I HEREBY STATE MAT MI5 PARCEL MAP SUBETANTALLY CW FORUS TO ME MPROWD OR CCNOMONALLY APPROVED TENTATY£ M. IF ANT, LAU i OF lyJl/ry:0 i U. MAYS p,LS, ISIS a~ QA EXPIRATION DATE: @-31-10 NOTARY ACKNOMMS4JU NTFS STATE OF CALIFORNIA ) COUNTY OF ) SS. ON MIS BEFORE ME, PERSONALLY APPEARED 0010 PROVED, To MEW ME BASS OF SATSACIORY EY.OENCE N BE ME PERSON(S) MNWE NAME(S) IS/AXE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOM£OCED TO ME MAT HE/SHE/MEY EXECUTES ME SAME IN HIS/HER/MEW AUMCRRED CMACJ I6) AND MAT BY HS/HCFiYN IR SGNATURE(5) CH ME INSTRUMENT ME PERSON(S). OR ME ENTITY UPON BEHALF OF MACH ME PERSON(S) ACTED, EXECUTED ME SMUMENT. I CERTIFY UNDER PENALTY 7 PERJURY UNDER ME LAWS OF ME SFAX OF CALIFORNIA MAT ME FOREMNO PARAGRAPH IS TRUE AND CORRECT. *MESS MY NAND: CIONATURE NOTARY PUBUC IN AND FOR SND STATE PRINT NAME MY COAMISSON NUMBER'. MY CCMMIWXCp EXPIRES: MY PRINCIPAL PUCE OF BU9NESS IS IN COUNTY DRAINAM FEE OFFFRRAI NOM, SEE MEET NO. 2 TAX eOND CFRTN1tlF HEREBY CERTIFY THAT A $ NO IN ME SUM OF S NAS BEEN EXECUTED AND HIED MM ME BOARD OF SUPS IMM OF ME COUNTY OF RIVERSOM CN.U IA, DWOUTWEO VPON ME PAYMENT OF ALL TAXES, STATE. COUNTY, MUNICIPAL OR LOCAL. AND ALL SPECIAL ASSESSMENTS CO LECTED AS TAXES MACH Al ME THE CF FILING OF MIS NM AR' ME COUNTY RECORDER ARE A LIEN AGHAST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BONO HAS BEEN DULY APPROVED BY BAD BOARD W UPERNSms DATED 2001 CASH TAX BOND DON KENT NANCY ROMERO CWNTT TAX COUECTOR CLERK OF ME BOARD CP SUPERNSOM BY: SERUM TAY T'.(X TAX PEX I EM OR" CEORTHROATECETHROATF. I HEREBY CERTIFY MAT ACCGROING TO ME RECORDS OF MIS OFFICE. AS OF MIS DATE, MORE ARE NO DENS AGHAST ME PROPERTY SHOMN ON ME MMIN MAP FOR UNPAID STATE COUNTY. MUNICIPAL OR LOCAL TAXES ON SPECIAL ASSESSMENTS EVLLECMD AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLECRO AS TAXES NOW A LEN BUT N01 YET PAYABLE, MRICH ME ESTIMATED TO BE E CAM 2DOO ON HEAT COUNTY TAX COJECTOR LG ATiRF OMRRI SEC SHEET NO. BY, DEPUTY CITY MGNMR'S RTATFI I HEREBY STATE MAT MIS MAP CONSSTNG OF MREE (3) SHEETS HAS OEEN EXAMINED BY ME OR UNDER MY SUPERNSCN AND FOUND TO BE SUBSTANTIALLY ME SAME AS IT APPEARED ON ME TENTATIVE MAP OF PARCEL MAP 38203 AS F11ED AND APPRONAO BY ME CITY OF TEMECULA ON MAY E0. 2001, ME EXPIRATION DATE BEING MAY 211, 2012, MAT ALL PRONOUNS OF APPLICABLE STATE UW AND CITY PECULATION NAVE BEEN COMPILED MM, AND MAT I AM SATISFIED MAT MIS MAP IS TECHNICALLY CORRECT, 'An:_ 209 OAAZL A. YORK CITY EN ONIGEA CITY OF TEMECULA P.E. 13212. EXP. 03/41/12 P.L5. NO, 7952. EXP. 03/31/12 CITY CLERK'S STANDoITINT! ME CITY COUNCIL OF ME Ott CF MUECULA, STATE CF CALIFORNIA, BY ITS Cltt CLERK, SUSAN W. JONES. WJAC., HEREBY APPROWS MIS PARCEL MM AMC ACCEPTS ME OFFER OF DEDICATION OF LOT 'A' (DIAZ ROAD) MADE HEREON FOR PUBLIC ROAD AND PUBLIC UTUTY PURPOSES SUBJECT TO INPgOKMpITB CgNSMUCTEO IN ACCORDANCE MM CITY STANOMDS WE ALSO HEREBY ACCEPF ME EATER OF DEDICATION OF ABUTTERS RIGATS OF ACCESS ALONG DIAZ ROAD, AS OmICATW, DAM` DWB BY: SUSAN w, JONES, MMC CITY CLERK. CITY OF 1EMECULA IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36203 BEING A NVSOM OF PARCEL 3 OF PMCIL MAP AS SIO. ON A MAP RECORDED IN BNN I. PAGE 91 OF PARCEL MAPS, RECORDS O' RI URSOE COUNtt. CAUFGlMN. JRN CIVIL ENGINEERS JEFFERY L. MAYS, PLS 6379 JUNE 2009 SICNAlL1R OA! Oh PURSUANT tO SCCTW 664M Of THE SUSOPISON MAP ACT, 111E SIWATURES OF l E FOLLOwNG ONNEBS Of EASEMENTS ANO/OR WTERESTS XAW BEEN OMITTED. EASEMENTS FOR. PUBLIC ROADS AND DITCHES AS SHORN ON ME MAP FLED SEPTEMBER 3. ISB9 IN BOO( 1, PACE 97 Of PARCEL MAPS. RECORDS OF RIVERSIDE CWNi CALIFORNIA, SOUTHERN CAUFORMA GAS COIPANY, HOLDERS OF A PIPELNE EASEMENT RECORDED ANE.ID. 1973 AS INSNUMENT NO. 61331 OF CfROAL RECORDS SOUTHERN CAUICANIA EOISCN, MOLDERS OF AN EASEMENT FOR UNDERGROUND ELECTRICAL SUPPLY AND CCMMUNICA90NS SYSTEMS RECORDED MARGIN 16, 1973 AS INSTRUMENT 39234 OF OFFICIAL RECORDS EASTERN MUNICIPAL WATER DISTRICT, HOLDERS OF AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES RECORDED APRIL 26, 1913 AS INSTRUMENT NUMBER W33 OF OFRC14 RECORDS. SANTA ROSA RANCHES WATER DISTRICT, MOLDERS OF NI EASWENT FOR PIFEUNES AMID INCIDENTAL PURPOSES RECORDED DECEMBER If, 1913 AS INSTRUNENT NUMBER 161365 OF OFPCAL RECORDS. SHEET 2 OF 3 SHEETS 0 0 0 \ 6 REFERENCE _ ~ I ,*p 9^_ I STATER 'ESRW N ],1926)6.63 I ~ I I 1 i i $ $ y, gA I + (BOGN) COPS) ( C RREEE RC[N O70'L 9 + + STRnCH 'BILL' A, 1 0 N 54,99.25 .1 ~`,,.pl 2 O DETA11 'A' E 6,313,564.15 NOT TD RrAIF t+lp'< Nei O - OIGTCS 1' WM PP[ 11 Bi]E 10 BE .T. LURN. BA<1<BA<1< O~RFARING~ o - INDICATED Liai, PLT 63A, i0 at E SET SCI RVSX LF. , , T C RACE OF BEAR'NGS FOR THIS SURVEY IS IO omtAWS xorzR D. CEOCI INVERSE OF N003626-W BEME£N R COXTNUWSLY OPERAnHO REFERENCE STATC« .A " • - AG-TCA FaxD YOIUHOT ll' B) 'ESRW AND CONTINUOUS GPS (CG°$) Q AT NOIE6 GTE GTE "BILL'. 5[E DETAIL WHEREON. - ASEtlID DATA PER PNB t/9] \ 0 - RECORD DATA PER IS IJO/40 D u ~ p A ER FO T 1/0' IP, PY JV111, P 6 Z 1/BS OB . DYIN, 1J' TAG - NpCATS A%SQPG DATA PER CANE ACC. AS PY 1"Wo, RE, F54/82-00 SWLY GER. < - IRRIGATED III DATA 1. OF PARCEL 1 PY .16A P.R. 140/] -1J PER PM 30166, « » - I OICATES CALCULATED DATA TRW PMB 901/0}66 R B 1/9] A PHIL lJ/B-D @ ROB T/BT INORAIES RESTRICTED A0.T50 RIGHTS <O - ACCEPTED pv. - REFERENCE o oG - DDLVMwT WLY _ SOM TIBRAMBLY AN WAN SEXY, - "MY'ROTDTLY OCR. - MPXEp N - vAACEL Ya SLG - I. E. PYB - GEL MAP BMY INSIi - INSIRVYEXI RT - RECOO GF 9JRVEY YULTPLY .LLL DISTANCES BY 0 030 TO AC 1. GATT TAN,, gSTNICCS ("O l SPEOIC), ALL DISTANCES/COORDINATES SX DMi HEREON ARE UGU , "A"S + OMGMSE NOTED DR.. EA91CHT5 91Aµ BE xEPT PACE or ~ NIDMR VD 9 C6STBVCTCNS LINE TABLE UNE BEARING LENGTH LI U1111 116 ' B'P-11 50.00 .50.00 N4M L3 N5"1 12-E 50.00 80.00 pku 4 .04 ss L4 `5715FIVE 50."6 LS NE 1'40 11.00, L.5 IT 'M N .18 L6 VB 0' rW 964" 90.40 V 1'R 914.0] LB p P~R Ds, °L N 431 M 3/C 1P PER PMB I; IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA PARCEL MAP NO. 36203 BEING A IYAGON OF PARCEL 3 W PARCEL MAP AS SNOMN ON A MAP RECORDED IN BERN I, PACE 97 OF PARCEL MAPS, RECORDS OP RIYFASIDE COUNTY, CAUFCRNIA JRN CIVIL ENGINEERS JEFFERY L. MAYS, PLS 5379 JUNE 2009 p~ N Shw LS 51➢, PER CR OCG F0.1 IP w/PC 73 RUSN^ CAP iLLG. j 'U NO. 07-0193. ACC, AS C.L SC A. PER PMT 73/6-7 N Q lp o4``wy'~ P Q ~,A /pOG, VA Q~ 0 A00'. ~ H4 ~A GiM 'G 4 ? "pp b d 9 0 ROAD EASEHENT or~~' PNB 1 9] Lb 9l `~p~ 4 gy0 6 ~ q0. J 4 `y } i /A;i+ ' 22 %vii M1 as i ~ QP`~ ~ 94 Q~ 2D DRAINAGE 97E EASEMENT VICINITY MAP PER PYB 1/40 x0 SuLL EST BY PROPCREON T IP PLS 5567, PER RS 130/40 - ED I IP LS 5401. PER RS 130/40, 5 ACC. AS 5. CDp. PARCEL 2, PUB 1/97 SHEET 3 OF 3 SHEETS EASEMENT NOTES- Q EASEMENTS FOR PUBLIC ROADS AMD DRAINAGE AS SHOW IN B" 1, PAGE 97 OF PARCEL MAPS, RECORDS EF flhERFOE CWN". CALIFORNIA, ® EASEMENT ID SOUTHERN CALIFORNIA HAS COMPANY FM PIPEUNES AND INCIDENTAL PURPOSES RECORDED 00/91/1972 AS INSTRUMENT NUMBER 61331 O.R. ® EASEMENT TO SOUTHERN CALIFORNIA EOISCH COMPANY FOR UNDPAGRWNO ELECTRICAL 5'JPPLY AND COMMUNICATON SYSTEMS, AND INCIDENTAL PUiPOEES RECENOED 0]/95/19]3 AS INSTRUMENT NUMBER 3993s D.R. ® >IPEUNEES ANDEINODENTAL NPUICIPAL WA RPOSES RECOORDED FOR 04/36/1973 AS INSTRUMENT NUMBER 53303 O.R. ® EASEMENT TO SANTA ROSA RANCHES WATER 01SIRICT FOR PIPEUNES AND INCDPNTAL PURPOSES RECORDED 12/14/1973 AS INSTRUMENT NUMBER 161365 O.R. ® 30' TRC T (MEASURED FROM STREET CLIMBING) 10 SIDE AHO REAR SETBACK UNES AS CONTAINED "THIN A CCER RECORDED 01/19/1960 AS INSTRUMENT NUMBER 3530 O.R. ® PVBUC/ANO OR OTHER UHUTT RESERNATW AS CONTAINED WMIN THE GRANT DEED RECORDED 05/23/1974 AS INSTRUMENT NUMBER 69640 O.R. ® RECIPROOV. NGNESS/EGRESS EASEMENT RESERVED PEREOJ FOR 172E BENenr O: PARCELS 1 AND 9. Po 9 Y Q MARONMENTAL CONSTRAINT NOTE' \ ENNRORMENTAL CCN5INNNT SHEET AFFECTING THIS W49 IS ON FTLE IN HIE OFFICE OF ME Y ~U R PTY ENGINEER. IN EGS, BOON 1, PALE 370. FO C - NAL P THIS AFFECTS ALL PARCELS. T AL ANO y \ +~A N LS P CB, DR4NA LE pJ CHANNEL NO REF, ACC, L AS E. OCR, PARCEL 3, PLO 1/OJ I OA \ IS , i➢ 5kW ET 5411, I AT APPARENT Ni, \ DF NA S PER CR 00O 0]-0190, A GI- ACC. CL So C PER . / PNB t/p> a; ~ a GRAPHIC SCALE b IW IW p I. 0 I .Na . I W R3r ITEM NO. 7 O Approvals City Attorney Director of Finance 5 /Ull/t/~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 28, 2009 SUBJECT: Tenth Amendment to the Consulting Agreement with Moffatt & Nichol Engineers for French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council approve the Tenth Amendment to the consulting O agreement with Moffatt & Nichol Engineers in an amount not to exceed $414,774.00 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway/ Interstate-15 Over-Crossing and Interchange Improvements- Project No. PW02- 11, and extend the term of the Agreement through June 30, 2010. BACKGROUND: On January 14, 2003 the City Council approved an agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,091,693.00, to provide the necessary design services needed to prepare a Project Report (PR) and Environmental Document (ED) for the French Valley Parkway / 1-15 Overcrossing and Interchange Improvements- Project No. PW02-11 and to prepare the Plans, Specifications, and Estimate (PS&E) for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements, Phase I - Project Nos. PWOO-24 and PW07-04. Nine amendments and five contract change orders have since been approved for additional services not included in the original agreement, which brought the total agreement amount to $4,221,707.28. The Tenth Amendment covers additional professional services needed to prepare the Final Environmental Document, Final Project Report, Final New Connection Report, and supporting Technical Studies. With this amendment, the total Agreement amount is $4,636,481.28. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements within its Capital Improvement Program. Adequate funds are available in the project account 210-165-726-5802 to cover the cost of this amendment. With this amendment, the total Agreement amount is $4,636,481.28. ATTACHMENTS: 1. Tenth Amendment O 2. Project Location 3. Project Description O O O O TENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAYII-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PROJECT NO. PW02-11 AND FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I PROJECT NOS. PW00-24 and PW07-04 THIS TENTH AMENDMENT is made and entered into as of July 28, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Moffatt & Nichol Engineers, a California 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 respect to the following facts and purposes: a. On January 14, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement For Consultant Services, French Valley Parkway/1-15 Overcrossing And Interchange Improvement, Project PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I", in the amount of $1,091,693.00. O b. The Agreement was amended on May 24, 2005 (Amendment #1) in the amount of $710,553.40 for environmental and traffic studies, a geometric design report, and initiation of the design for Phase I, and again on February 14, 2006 (Amendment #2) in the amount of $21,630.00 for additional traffic analyses, a Geometric Approval Drawing, Community Impact Assessment, and Paleotological Report, and again on December 12, 2006 (Amendment #3) in the amount of $283,982.52 for a Paleontological Resources Evaluation, Visual Impact Study, Air Quality Analysis for PM2.5, Noise Assessment, and environmental processing, and again on March 27, 2007 (Amendment #4) in the amount of $632,058.00 for design of Phase I retaining walls and development of the Landscape Architectural and Aesthetic Master Plans, and again on June 26, 2007 (Amendment #5) in the amount of $169,000.00 for a revised Traffic Operations Analysis, New Connection Report, and Storm Drain Relocation Study, and again on November 6, 2007 (Amendment #6) in the amount of $110,917.00 for revised traffic studies, additional environmental mitigation strategies, additional air quality documentation, revised jurisdictional delineation, and a revised draft environmental document, and again on November 27, 2007 (Amendment #7) in the amount of $14,573.36 to complete a revised Geometric Approval Drawing and Advanced Planning Study, and again on December 11, 2007 in the amount of $1,087,300.00 for utility support and potholing, and again on January 27, 2009 in the amount of $100,000.00 for preparing the Draft Environmental Document and supporting Technical Studies for public circulation. C. The parties now desire to increase the payment in the amount of $414,774.00 and amend the Agreement as set forth in this Amendment. 2. The Section of the Agreement entitled "TERM" is hereby amended to read as follows: O This Agreement shall remain and continue in effect until tasks herein are O completed, but in no event later than June 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement- 3. The Section 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 Tenth Amendment amount shall not exceed four hundred fourteen thousand seven hundred seventy four dollars and no I cents ($414,774.00) for additional professional services to prepare the Final Environmental Document, Final Project Report, Final New Connection Report, and supporting Technical Studies for a total Agreement amount of four million six hundred thirty six thousand four hundred eighty one dollars and twenty eight cents ($4,636,481.28). 4. Exhibits "A" and "B" to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions O of the Agreement shall remain in full force and effect. O 2 O IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONSULTANT (Signature of two corporate officers are required): By: Maryann Edwards, Mayor ATTEST: By: Susan W. Jones, MMC City Clerk O APPROVED AS TO FORM: By: Peter M. Thorson City Attorney O By: Printed Name: Title: By: Printed Name: Title: Name of Company: Contact Person at Company: Mailing Address, Telephone Number and Fax Number of Company: 3 FSM Initials: Date: ATTACHMENT A O Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. O O 4 ` MOFFATT & NICHOL CITY OF TEMECULA PROJECT NO. PW02-11 FRENCH VALLEY PARKWAYIINTERSTATE-15 OVER-CROSSINGAND INTERCHANGEIMPROVEMENTS MOFFATT & NICHOL ENGINEERS AMENDMENT NO. 10 - SUMMARY OF FEES TASK 1 FINAL ENVIRONMENTAL DOCUMENT TASK DESCRIPTION FEE 1.1 Noise Study Report (NSR) $ 49,090.00 1.2 Noise Abatement Decision Report (NADR) $ 15,616.00 1.3 Biological Support for DBESP $ 9,900.00 1.4 Habitat Assessment of LAPM Mitigation Sites $ 16,610.00 1.5 Air Quality Conformity $ 6,140.00 1.6 Final Environmental Document Processing $ 42,230.00 1.7 Regulatory Permitting $ 32,430.00 1.8 Cooperative Agreement Between the City and RCA $ 30,970.00 1.9 Develop Habitat Mitigation Concept $ 16,810.00 1.10 Develop Habitat Mitigation and Monitoring Program $ 5,120.00 1.11 Engineering Support of Environmental & Permitting $ 17,354.00 Other Direct Costs $ 50,000.00 O FINAL ENVIRONMENTAL DOCUMENT - TOTAL FEE $ 292,270.00 TASK 2 PROJECT APPROVAL TASK DESCRIPTION FEE 2.1 Life Cycle Cost Analysis (LCCA) $ 19,840.00 2.2 Project Management (July 2009 - March 2010) $ 59,180.00 2.3 Right of Way Data $ 19,700.00 2.4 Storm Water Data Report (SWDR) $ 7,396.00 2.5 Project Report $ 7,160.00 2.6 New Connection Report $ 4,728.00 Other Direct Costs $ 4,500.00 PROJECTAPPROVAL-TOTALFEE $ 122,504.00 AMENDMENT NO. 10 - TOTAL FEE $ 414,774.00 O MOFFATT & NICHOL CITY OF TEMECULA O PROJECT NO. PW 02-11 FRENCH VALLEY PA RKWA YIINTERSTA TE -15 0VERCROSSING AND INTERCHANGE IMPROVEMENTS AMENDMENT NO. 10 - SCOPE OF WORK FINAL ENVIRONMENTAL DOCUMENT PHASE SERVICES GENERAL The intent of this scope of work is to provide on-going support services for the above mentioned project. With the completion of the public review period for the French Valley Parkway Initial Study/Environmental Document, the next step in the process is the completion of the Final Environmental Document. These tasks have been identified by Caltrans during their review process and in the City ofTemecula's June 11, 2009 PANED Schedule. Resources necessary to achieve the intent of this scope will be tracked, invoiced, and paid for on a "time and materials" basis to cover (1) direct labor hours at hourly rates which include wages, overhead, general expenses, and profit as summarized under the section Moffatt & Nichol Fee Schedule of this Amendment, (2) materials at cost including appropriate shipping and handling costs, and sub consultant services identified in the attachments. The additional work effort is outlined in the following tasks and attachments: O TASK I - FINAL ENVIRONMENTAL DOCUMENT 1.1 Noise Study Report (NSR) 1.2 Noise Abatement Decision Report (NADR) 1.11 Engineering Support of Environmental & Permitting TASK 2 - PROJECT APPROVAL 2.1 Life Cycle Cost Analysis (LCCA) 2.2 Project Management (July 2009 to March 2010) 2.3 Right-of-Way Data 2.4 Update Storm Water Data Report (SWDR) 2.5 Update Project Report 2.6 Prepare Final New Connection Report ATTACH A BonTerra Consulting ATTACH B Overland Pacific ATTACH C Moffatt & Nichol Fee Schedule O 3780 Kilroy Airport Way, Suite, 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489 O MOFFATT & 11CH01 SCOPE OF WORK 1.1 Noise Study Report (NSR) The purpose of a NSR is to evaluate noise impacts and abatement under the requirements of Title 23, Part 772 of the Code of Federal Regulations (23 CFR 772) "Procedures for Abatement of Highway Traffic Noise". M&N will provide support to Wieland Acoustics in preparation of the NSR. Provide current Geometric Approval Drawings (horizontal alignments and vertical profiles) in DXF format for use by Wieland Acoustics. Prepare 3D line models from the Geometric Approval Drawings in DXF format for use by Wieland Acoustics. ■ Review mitigation measures • Prepare cost estimates for mitigation measures such as sound walls and berms • Review Draft NSR • Review Final NSR • Attend up to 2 meetings Exclusions: • Additional Survey • Conversion from Metric to English • Alignments for other than the locally preferred condition O • Changes to project description One hundred, forty two (142) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on City, Caltrans & Agency requirements. 1.2 Preparation of Noise Abatement Decision Report (NADR) O The purpose of a NADR is to document the abatement decisions made in the NSR. M&N will prepare the NADR. The NADR incorporates the technical information from the noise study with design considerations and engineering cost. The NADR documents which noise abatement strategies are reasonable and feasible and will be included in the environmental document. The NADR will be written as a separate report and summarized in the Project Report. The final noise abatement decision, like the preferred alternative, will be decided by the PDT and will be included in the Project Report and final Environmental Document. Title 23, Code of Federal Regulations (CFR), Part 772 of the Federal Highway Administration (FHWA) standards (23 CFR 772) and the Caltrans Traffic Noise Analysis Protocol (Protocol) require that noise abatement be considered for projects that are predicted to result in traffic noise impacts. Title 23 CFR 772 requires that noise abatement measures that are reasonable and feasible and are likely to be incorporated into the project be identified before adoption of the final environmental document. Page 2 of 6 - - „M MOFFATT & NICHOL The NADR presents the preliminary noise abatement decision based on acoustical and nonacoustical O feasibility factors and the relationship between noise abatement allowances and the engineer's cost estimate. The NADR does not present the final decision regarding noise abatement; rather, it presents key information on abatement to be considered throughout the environmental review process The NADR will include: • Summarize the conclusions of the NSR relating to acoustical feasibility and the reasonable allowances for abatement evaluated • Present the engineer's cost estimate for evaluated abatement • Present the engineer's evaluation of nonacoustical feasibility issues • Present the preliminary noise abatement decision • Present preliminary information on secondary effects of abatement (impacts on cultural resources, scenic views, hazardous materials, biology, etc.). One hundred, twelve (112) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on City, Caltrans & Agency requirements. 1.11 - Engineering Support of Environmental & Permitting Environmental Support Provide support to BonTerra Consulting during preparation of Regulatory permitting, O determination of Biologically Equivalent or Superior Preservation (DBESP), Habitat Assessment, Air Quality Report, and Final Environmental Documents Review. Permitting Support Provide support to BonTerra consulting during preparation of Regulatory Permitting and Habitat Mitigation Concept Plan. One hundred (100) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on Caltrans & Agency requirements. O Page 3 of 6 MOFFATT & NICHOL O 2.1 - Life Cycle Cost Analysis (LCCA) Life-Cycle Cost Analysis (LCCA) is an analytical technique that is built on economic principles to evaluate long-term alternative investment options. The analysis enables the total cost comparison of competing pavement design alternatives (new or rehabilitation), each of which would be appropriate for implementation to the roadway being considered. By taking into account all of the related costs; agency and user cost, that would occur throughout the life of each alternative, this analytical procedure helps to identify the lowest cost alternative to carry out the project and provides other critical information vital for the overall decision-making process. The Life Cycle Cost Analysis will be prepared in accordance with Caltrans' Life Cycle Cost Procedures Manual, November 2007. The Life Cycle Cost Analysis will include: • Gather Project Data • Select Design Alternatives • Determine Analysis Period • Determine Traffic Inputs • Prepare Life Cycle Analysis • Submit Initial Report • Respond to Caltrans' Comments and Resubmit O Attend up to two meetings One hundred, forty four (144) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on City, Caltrans & Agency requirements. 2.2 - Project Management (July 2009 to March 2010) Provide ongoing project management from July 2009 to March 2010. • Project Manager and Project Engineer to attend monthly PDT • Review and respond to correspondence • Review/comment on schedule updates • Review/comment on monthly meeting minutes • Project Filing Two hundred, twenty four (224) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on Caltrans & Agency requirements. 2.3 -Right-of-Way Data Provide coordination of Right-of-Way impacted by proposed project. O Page 4 of 6 hldk,A AIOFFATT & NICHOL • Maintain and update ROW Data Sheet O • Coordinate with Overland Pacific for additional revised plats and legal descriptions Coordinate with City as required ■ Meet with Caltrans ROW staff Fifty six (56) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on Client &Caltrans requirements. 2.4 - Update Storm Water Data Report (SWDR) • Update the SWDR to new Caltrans format • Complete Caltrans "CS 1-6" Checklist • Submit to Caltrans for early review • Revise and resubmit to Caltrans with responses to comments • Incorporate into Project Report • Coordinate changes with BonTerra for incorporation into the FED. Fifty two (52) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on Client &Caltrans requirements. 2.5- Project Report O Provide updates and submit for final approval by Caltrans. • Incorporate revised traffic information • Incorporate updated accident data • Incorporate new Caltrans signature sheets ■ Modify to new Caltrans format • Incorporate revisions for consistency with FED • Incorporate revised GAD Forty Eight (48) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on Client &Caltrans requirements. 2.6-New Connection Reports • Incorporate revisions by FHWA, Caltrans, and City Submit to Caltrans and FHWA Resubmit final with responses to comments by Caltrans and FHWA O Page 5 of 6 hdhI4 O IIOFFATT & NICHOL Thirty Two (32) hours have been budgeted for this effort. Actual support effort may exceed this budget depending on City & Caltrans requirements. O O Page 6 of 6 h,16,14 MOFFATT & NICHOL CITY OF TEMECULA O PROJECT NO. PW 02-I1 FRENCH VALLEY PARKWAY17NTERSTATE -15 0VERCROSSING AND INTERCHANGE IMPROVEMENTS AMENDMENT NO. 10 - SCOPE OF WORK FINAL ENVIRONMENTAL DOCUMENT PHASE SERVICES ATTACHMENT A BonTerra Consulting O O O Ct~► C O N I U t T I N G July 14, 2009 PASADENA COSTA MESA T; (714) 444-9199 a (714) 4449599 1151 Koln1US Drive, Suite &200 w .EonieaoCoosultin9.coo, Costa Mesa. CA 92626 Mr. Perry Schacht EMAIL AND MAIL Moffatt & Nichol Engineers PSchacht®moffattnichol.com 1660 Hotel Circle North, Suite 500 San Diego, California 92108 Subject: Augment Request for the French Valley Parkway Interchange Project Dear Mr. Schacht: With the completion of the public review period for the French Valley Parkway Initial Study/Environmental Assessment (IS/EA), the ne)d step in the process is the completion of the Final Environmental Document. This will involve tasks that are outside BonTerra Consulting's current Scope of Work_ Several of these items were identified in our October 28, 2008, Augment Request, which was never acted upon. Other tasks were identified through the California Department of Transportation (Caltrans) review process. This additional work is required to comply with new regulations and environmental requirements; it Is also to address minor project modifications. The additional work effort, which is outlined in Attachment A, Scope of Work, has been divided O into two major work areas: Final Environmental Document and Project Approval. The task organization follows the direction provided by the City of Temecula. Therefore, the task numbering is not always sequential but is reflective of the tasks that would require BonTerra Consulting's participation. One deviation from the direction provided by the City pertains to the development of the Habitat Mitigation Monitoring Program. It would appear that the City wishes to defer the preparation of this component of the mitigation program, Though technically part of the permitting effort, it is anticipated that Caltrans and the resource agencies will require the completion of this program in conjunction with final approval of the DBESP and issuance of the permits. Therefore, this task has been included in the scope of work. Should it be determined that it can be deferred, the budget associated with this task will not be used. The associated budget for this Scope of Work is provided in Attachment B, Cost Estimate. It should be noted there are several tasks where the scope has been developed to reflect the level of effort anticipated by City staff. BonTerra Consulting is not committing to always being able to complete the task in the allocated budget. However, every effort will be made to complete the work as efficiently as possible. One area that BonTerra Consulting did not believe could be substantially reduced was on the direct costs allocation. The printing and distribution of the documents necessitates the requested $50,000.00 direct costs budget Receipts for all direct costs will be provided and no mark-up is assumed. O Mr. Perry Schacht July 14, 2009 Page 2 O Additionally, the U.S. Army Corps of Engineers has recently indicated that they would be willing to use the Caltrans environmental document to support their permitting effort. As a result, the $78,568.30 remaining for permitting in Augment 3 can be reallocated to offset the permitting costs provided for in this Augment. Please call us at (714) 444-9199 if you have any questions. Sincerely, BA/O~NTEyRRA CONSULTING Kathleen Brady, AICP Principal of Technical Services Attachments: A - Scope of Work B - Cost Estimate C - Scope of Work (Wieland Acoustics, Inc.) n+vra.~*wone.m.,,44,.rt n.y,e.,.m,.m.ax O O French Valley Parkway Interchange Project O ATTACHMENT A SCOPE OF WORK FRENCH VALLEY PARKWAY ADDITIONAL WORK EFFORT July 14, 2009 TASK 1 FINAL ENVIRONMENTAL DOCUMENT The environmental support task includes efforts associated with finalizing the French Valley Parkway Initial Study/Environmental Assessment (IS/EA), technical support for the permitting effort, and completion of the Determination of Biologically Equivalent or Superior Preservation (DBESP) report process. Within this task are revisions to technical studies and supporting analysis that are anticipated to be required. Task 1.1 Noise Technical Report The Noise Study Report was originally prepared in 2005, with updates in 2006. The report was approved by Caltrans at that time. Subsequent to the approval of the report, further design work has been done and the roadway geometrics are better defined. Caltrans has requested that the Noise Study Report be updated to reflect the most current roadway geometrics. Wieland Acoustics will take the lead on this effort (refer to Scope of Work provided as Attachment C). It will require review of the most up-to-date plans and profiles for the project to identify any design changes that have occurred since preparation of the 2005 noise model runs. The expected changes are associated with alterations to previous designs and with review of profile plans, which were previously unavailable. Once the updated model runs have been completed, O Wieland Acoustics will conduct a feasibility and reasonableness evaluation, pursuant to Caltrans requirements. Based on discussions with Mr. Tony Louka at Caltrans District 8, the report format will be consistent with the previously submitted report (i.e., it will not be reformatted to match updated templates or style guides). BonTerra Consulting's involvement will coordinate the effort and utilize the data in the final updated report to revise the IS/EA. It is assumed that BonTerra Consulting's participation in technical meetings will not be required. BonTerra Consulting has budgeted 30 hours for this effort. Actual support effort may exceed this budget depending on City and Caltrans requirements. Task 1.3 Biological Support For DBESP Caltrans initially prepared a draft Determination of Biologically Equivalent or Superior Preservation (DBESP) Report. This report was prepared shorty after the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) was approved and prior to format and style guidelines for DBESP reports were developed. As part of Draft DBESP Report for this project, BonTerra Consulting provided extensive support to Caltrans through document reviews, numbers verification, coordination on mitigation sites, and overall support. Since the preparation of the Draft Report, the Riverside Conservation Authority (RCA) has developed guidance on the preparation and processing of DBESP reports. Given the current guidance, Caltrans has determined that the DBESP Report needs to be redone. It is anticipated that BonTerra Consulting will be asked to provide some level of support; however, this will be less than what was required for the previous submittal. BonTerra will provide input, as requested, on all portions of the report, including: (1) the O introduction; (2) the description of the proposed project; (3) the biological studies and resource R:Wmject Waaat1W]MUgnert Requo 71400 X i Swpe of Work French mapping of the project site; (4) the infeasibility of avoidance; (5) the quantification of O unavoidable impacts; (6) mitigation/conservation measures; and (7) the biologically equivalent or superior alternative conclusion and determination. However, it is assumed that Caltrans will be the primary author of the DBESP and will take the lead on scheduling meetings and negotiating with the resource agencies on acceptable mitigation strategy. BonTerra Consulting will provide biological staff support at meetings with assigned regulatory agency staff during the review process. To facilitate this effort, BonTerra Consulting has already provided Caltrans with sample DBESP that has been approved by the resource agencies and the Riverside Conservation Authority. BonTerra Consulting has budgeted 84 hours for this effort. Though this level of effort should be sufficient, actual support effort may exceed this budget depending on City and Caltrans requirements. Task 1.4 Habitat Assessment of Los Angeles Pocket Mouse Mitigation Sites Through ongoing coordination with the resource and regulatory agencies, the need for preservation of mitigation sites for the Los Angeles pocket mouse (LAPM) has been identified. In 2005, the RCA identified four parcels in the San Jacinto/Hemet area along San Jacinto River as potential LAPM mitigation sites, which RCA was in the process of acquiring. These sites were evaluated for suitability. Subsequently, BonTerra Consulting and the City of Temecula met with the RCA to initiate the preparation of an agreement that would allow the City of Temecula to participate in RCA's MCHCP acquisition program, which includes the acquisition of LAPM habitat. This approach was also coordinated through the U.S. Fish and Wildlife Service's (USFWS's) Carlsbad Field Office. Though the mitigation approach has been accepted, the precise parcel locations have not been identified because the owners of the sites that were evaluated in 2005 have indicated they are not interested in selling their property. O Prior to finalizing the IS/EA, the mitigation approach and locations will need to be resolved. This will likely require the identification and evaluation of new potential mitigation sites for suitability for the LAPM. This would be done through a habitat assessment by a qualified mammalogist. A mammalogist will evaluate up to four sites of up to ten acres each to determine potential, suitable LAPM habitat. Upon completion of the survey effort, the mammalogist will prepare a letter report. The letter will include an assessment and graphics for each site. This Scope, assumes preparation of up to four letter reports. Any special status species observed will be reported to the CDFG's California Natural Diversity Database (CNDDB). However, no trapping is proposed as part of this effort. A total of 146 hours has been allocated for this task. Task 1.5 Air Quality Conformity Report Though the SAFETEA-LU legislation provided for NEPA delegation, the Federal Highway Administration is responsible for air quality conformity. Since FHWA no longer reviews the environmental document, this is done through a separate Air Quality Conformity Report and Checklist. This is separate from the Air Quality Technical Study, which was done for the IS/EA. BonTerra Consulting will prepare the Air Quality Conformity Report and Checklist for Caltrans review. BonTerra Consulting has budgeted 44 hours for this task. This assumes one review cycle of this report are assumed to be sufficient. Once Caltrans finds the report acceptable, it will be forwarded to the FHWA for review. It is assumed that the FHWA will issue a conformity letter and no revisions to the report will be necessary. R:WrgeasVROee 4VW9q Requeuortaase.a A-2 Scope of Work O French Valley Parkway Interchange Project O Task 1.6 Final Environmental Document Review and Processing The current scope of work assumes the City and Caltrans will review the responses to comments once. Any revisions to the IS/EA as a result of the responses to comments would be incorporated into the Final IS/EA. Previous experience with this project proved that insufficient review cycles were assumed. Based on this experience, three review cycles of the responses to comments and four reviews of the Final IS/EA are assumed to be necessary. These review cycles may include submission of hard copy or electronic versions of the report or workshop meetings to incorporate revisions. BonTerra Consulting has budgeted 338 hours for this task. Though this level of effort should be sufficient, actual support effort may exceed this budget depending on City and Caltrans requirements. Task 1.7 Regulatory Permitting The agency coordination for the ultimate permitting of this project was initiated in 2005 and has been ongoing. The level of effort for processing this project is substantially greater than anticipated because of the amount coordination that has been required. Much of the early coordination with the RCA occurred prior to well-developed MSHCP processing guidelines. As a result, more than the usual coordination was required to be sure everyone understood the "next steps". In addition, there has not been a clear definition of what efforts would be completed by Caltrans as part of the DBESP process and by BonTerra Consulting as part of the permitting process. BonTerra Consulting has been asked to pursue multiple different approaches to satisfy mitigation requirements, including purchase of mitigation credits and creation of mitigation sites. This has required evaluation for suitability of multiple mitigation banks and potential mitigation O sites. For purposes of this Scope, the work required to obtain the necessary permits has been divided into two major subtasks. The first effort is the actual coordination and permitting effort. The second task is required if the compensatory mitigation requires creation of new mitigation sites. Based on our current understanding of the resource agencies' positions on the project, creation of mitigation sites will be required. The jurisdictional delineation and pre-application meeting tasks have been completed. Due to the complexity of the project and process, extensive agency coordination has occurred. Though the level of effort has been greater than originally anticipated, there have been substantial benefits derived. Through field reviews with USACE, the amount of jurisdictional lands has been reduced; therefore, the Section 404 permit for the project will be processed as a Nationwide Permit. This also results in a reduction in the amount of mitigation that will be required for the project. BonTerra Consulting and City staff also met with the RCA regarding the acquisition of occupied LAPM habitat. Four parcels in the San Jacinto/Hemet area along San Jacinto River were identified and follow up surveys were conducted to determine suitability as mitigation sites. The coordination has been ongoing and, in 2008, BonTerra Consulting staff met with the RCA to initiate the preparation of an agreement that would allow the City to participate in RCA's MCHCP acquisition program as a mitigation strategy. The RCA will allow the City to participate in the acquisition as long as the USFWS approves this LAPM mitigation approach. BonTerra Consulting has obtained confirmation from USFWS on the mitigation approach. O R:WgectsNloRet1U02dNUgmenl Request-0]f409aeoc A-3 Scope or Work French Valley Parkway lntemhange Project As a result of the prolonged coordination effort, additional funds are required to complete the O permitting effort. The tasks described below represent the efforts and costs associated with the preparation and processing of the required regulatory permits; including coordination with the RCA to participate in the RCA acquisition program to purchase five acres of LAPM-occupied habitat. The project will require a USACE Section 404 permit, a CDFG Section 1602 Streambed Alteration Agreement, and a Section 401 Certification from the San Diego Regional Water Quality Control Board. The technical analysis for these permits was completed through the current scope of work. The permit applications have been drafted; however, modifications will be required due to the reduction in the level of impact because modifications in project design and coordination with the agencies. The processing of the permits has been delayed due to the processing of the environmental document and inability to resolve mitigation approach. As discussed above, coordination with the agencies was initiated in 2005. To date, this has been a very time-consuming process due to the number of agencies involved in the process. Additional funding is required to move the permitting process forward. Estimating the level of effort for permitting is always difficult due to the uncertainty of the agencies' responses to the mitigation concepts. Therefore, this effort is being defined in the number of staff hours that are assumed necessary to complete the permit processing. Since the City of Temecula is the permittee, Caltrans will be provided courtesy reviews of the permit applications at the City's discretion. Inclusion of Caltrans in the negotiation of mitigation and permit processing may increase the level of effort associated with this task. BonTerra Consulting will provide regular updates to the team on progress. In addition, BonTerra Consulting assumes regular City staff involvement in coordination with the agencies and with Caltrans_ This will allow staff to understand the level of work effort being conducted and any O potential delays or setbacks occur. BonTerra Consulting has budgeted a total of 234 hours for coordination and processing of the permits.. Though this level of effort should be sufficient, actual support effort may exceed this budget depending on City and Caltrans requirements. 1.8 Cooperative Agreement between the City and RCA On August 27, 2008, BonTerra Consulting and City staff met with the RCA to initiate the preparation of an agreement that would allow the City to participate in RCA's MSHCP acquisition program, which includes the acquisition of t.APM habitat along San Jacinto Creek. This task will include two parts: (1) Review of the Cooperative Agreement to be prepared by RCA counsel and (2) identification of potential LAPM sites to be surveyed to determine presence/absence of five acres of LAPM habitat. The LAPM surveys will be completed under a separate task (See Task 1.4 above). BonTerra Consulting will meet with RCA staff to initiate the preparation of the Cooperative Agreement and to assist the City in reviewing the draft agreement prior to execution by the City and RCA. This portion of the task will include up to four meetings with RCA staff and four meetings with the City and Caltrans; it also includes assisting the City in processing the Cooperative Agreement. BonTerra Consulting will provide technical support to the City of Temecula in their coordination with RCA staff to identify sites that RCA is currently pursuing to fulfill its obligation under the provisions of the Riverside MSHCP to acquire lands for Reserve assemblage. It is understood that the five acres of LAPM-occupied habitat that RCA will acquire on behalf of the City would be classified as "Public Quasi Public Open Space" and would not count toward Reserve assemblage. A total of 214 hours has been allocated to this task. Should BonTerra Consulting O A-4 Scope of Work French Valley Parkway Interchange Pmjed O be requested to lead this coordination effort, rather than assist the City, the actual support effort may exceed this budget. Task 1.9 Develop Habitat Mitigation Concept Plan in October 2008, BonTerra Consulting identified that the current scope for the permitting effort assumed that mitigation would be done through the payment of fees. Though substantial effort was put forth on identifying mitigation banks, the agencies are not accepting this approach. As a result, prior to the issuance of the permits, a Habitat Mitigation Concept Plan will need to be developed. This effort includes identifying appropriate mitigation locations and coordinating with City, State, and federal regulatory agency staff. Once the site(s) are identified, a Habitat Concept Mitigation Plan would need to be prepared. A Habitat Mitigation and Monitoring Program (HMMP) would also need to be developed. The HMMP document would need to follow USACE guidelines and comply with standard resource agency mitigation requirements. This would require that function-based success criteria be developed for the mitigation site(s) to allow future evaluation of site performance. It is important to identify a mitigation concept that will provide adequate compensation for project impacts at the earliest possible point in the project development process. The development of an adequate mitigation strategy and concept will help to accelerate project plan approval and to streamline the regulatory permitting and authorization process. Early mitigation concept development will allow enough time to identify all mitigation opportunities necessary to address project impacts to "Waters of the United States", "Waters of the State", federally listed wildlife species, as well as tree species and other habitat resources as they are mandated by protection ordinances adopted by local land use jurisdictions. BonTerra Consulting will coordinate with the Client and other project team members to identify and develop a mitigation O concept that provides full compensation for project impacts in compliance with State and federal regulatory agency requirements. BonTerra Consulting will identify mitigation options that provide compensatory mitigation for project impacts to jurisdictional/riparian resources. Mitigation options may include one or more of the following: habitat creation; habitat restoration/enhancement; and/or participation in an off-site in-lieu fee program. Identification of mitigation options will include a review of the following documents and studies, as appropriate: all available ownership information; all available hydrological studies, biological studies, wetlands jurisdictional data, and geological studies; and existing land use and ownership maps. If habitat restoration, creation, and/or enhancement is proposed as mitigation, BonTerra Consulting will perform a field evaluation of potential sites; this will include an assessment of existing native vegetation, soils, weed establishment, topography, slope aspect, existing hydrology, and existing land uses within and adjacent to the potential site. BonTerra Consulting will recommend any additional studies/tests (e.g., soils testing) necessary to determine site suitability. This task includes the performance of two site visits by two biologists at Tract Number 21067, Lot 89, Tentative Parcel Map Number 28627, and one additional site in the Temecula area. BonTerra Consulting will develop a brief Letter Report that summarizes the preferred mitigation concept based on the research and evaluation tasks described above. The preferred mitigation concept will be developed in consultation with the Client; can be used in early consultation with State and federal regulatory agencies; and would ultimately submitted with permit/authorization applications. The final approved mitigation concept will be used as the basis for the development of a detailed HMMP. The Letter Report will include: (1) location and size of identified/proposed habitat mitigation site or sites; (2) the proposed compensatory ratio(s); (3) the type of mitigation (i.e., participation in an in-lieu fee program, habitat creation, restoration, and/or enhancement); and (4) a summary of the proposed program including O R.Tmje $ .foRaft=4U OM Request4]I4 .G A-5 Scope of Work French Valley Parkway Interchange. Project (depending on the type of mitigation) a brief site description, habitat types and general plant O palette, and long term maintenance and monitoring procedures. The fees associated with this task include one revision to the Letter Report. This task assumes that the Client will provide shapefiles of tentative parcel map and tract map boundaries for development of mitigation area exhibits. BonTerra Consulting will attend meetings with the Client, State and federal regulatory agency staff, and other project team members to discuss the proposed mitigation concept and to review proposed mitigation sites (if appropriate). This work effort assumes attendance at two meetings as well as associated preparation and coordination tasks. BonTerra Consulting has allocated 134 hours of technical staff hours to identify mitigation options (including site visits at potential mitigation sites); to coordinate with the City, Caltrans, and regulatory agency staff regarding the mitigation concept; develop the Letter Report; and attend meetings. If additional time is required for any of these tasks, a budget augment will be requested. BonTerra Consulting is not responsible for securing access permission to any existing utility easements and/or rights-of-way for potential mitigation areas, and it is assumed that access will be granted before the first site visit. 1.10 Develop Habitat Mitigation and Monitoring Program BonTerra Consulting will develop an HMMP that provides compensatory mitigation for project impacts to riparian resources in compliance with State and federal permits and based on the approved mitigation concept developed as part of Task 2.2.1. This task assumes that mitigation will occur as described in the final mitigation concept approved by the USACE, the CDFG, and the RWQCB, and that additional site identification and alternate mitigation planning will not be necessary. O BonTerra Consulting will also perform reference site evaluations within existing on-site riparian habitat areas/project impact areas to determine appropriate habitat function-based success criteria for the mitigation program. Reference site evaluations will consist of both quantitative and qualitative evaluations of existing buffering effects, hydrology, physical structure, and biotic structure (vegetation and wildlife). This Scope of Work and Fees assumes a one-day reference site evaluation performed by two biologists. If the regulatory agencies require additional reference site identification and evaluations, BonTerra Consulting will request a budget augment. The HMMP document will follow the guidelines described in Final Mitigation Guidelines andl Monitoring Guidelines (USACE, April 19, 2004) and the Compensatory Mitigation for Losses of Aquatic Resources: Final Rule (April 10, 2008), and will comply with standard resource agency requirements for mitigation. Function-based success criteria will be developed for the mitigation site(s) using the California Rapid Assessment Method (CRAM) (or a similar method) of evaluating site performance, which uses data collected during the reference site evaluation. Success criteria will be included in the HMMP and will consist of target landscape buffer, hydrological, physical, and biotic functions that can be compared to site conditions within the mitigation site as a means of determining program success during the long-term monitoring program. The HMMP document will include: (1) a discussion of the proposed mitigation program; (2) guidelines for site preparation, long-term site maintenance, long-term site performance monitoring, and site status documentation, and (3) the habitat function-based success criteria. The HMMP will also include a conceptual mitigation site plan. This task includes a total of two HMMP revisions: one revision based on the Client's comments and one revision based on regulatory agency comments. If additional document revisions are O R,WMecKWA WOI4~1Re eM411409a.EOC A-6 scope or WOlk French Valley Parkway Interchange Project O required, BonTerra Consulting will request a budget augment. Once the document review is complete, BonTerra Consulting will submit a total of five final, bound copies of the HMMP to the Client for in-house use and a subsequent submittal to the USACE, the CDFG, and the RWQCB. BonTerra Consulting will attend meetings to discuss mitigation program development and project strategy. This work effort assumes attendance at one meeting and associated preparation and coordination tasks. If attendance at any additional meetings is required, BonTerra Consulting will request a budget augment. Task 2.2 Project Management The augment requests assumed meeting and management time through March 2010- This assumes up to 60 hours of management time and 60 hours meeting time. The meetings will include Project Development Team meetings and focused environmental meetings. Should the project extend into 2010 or more intensive management efforts are required to maintain the project schedule, additional resources may be required. O O n:~rNOjecssvaammroz<`nwmam tieWesw11d09adoc A-7 ScPpe of Work French Valley Parkway Interchange Project ATTACHMENT B O COST ESTIMATE FRENCH VALLEY PARKWAY ADDITIONAL WORK EFFORT July 14, 2009 Task 1.1 Noise Technical Report (See Subconsultants for Wieland Acoustics, inc.) Coordination/Amend IS/EA Kathleen Brady Principal $175.00 20 - $3,500.00 Editing Julia Smith Technical Editor $85.00 4 $340.00 WP/Admin Sheryl Kristal WP $70.00 6 $420.00 Total Labor Task 1.1 $4,260.00 Task 1.3 Biological Support for DBESP Coordination Kathleen Brady Principal $175.00 2 $350.00 Biological Support Ann Johnston Principal $175.00 2 $350.00 Biological Support Amber Oneal Sr. Ecologist $125.00 60 $7,500.00 Graphics Johnnie Garcia GIS $85.00 20 $1,700.00 Total Labor Task 1.3 $9,900.00 Task 1. 4 Habitat Assessment of Los Angeles Pocket Mouse Mitigation Sites QA/QC Ann Johnston Principal $175.00 2 $350.00 Field Surveys Steve Montgomery Sr. Biologist $125.00 88 $11,000.00 Report/Coordination Amber Oneal Sr. Ecologist $125.00 20 $2,500.00 Graphics Johnnie Garcia GIS $85.00 16 $1,360.00 Word ProcessinglAdmin Support staff Admin. Assistant $70.00 20 $1,400.00 Total Labor Task 1.4 $16,610.00 Task 1.5 Air Quality Conformity Report Coordination/Review Kathleen Brady Principal $175.00 8 $1,400.00 Write/Review James Kurtz AD Director $175.00 20 $3,500.00 Technical Editor Julia Smith Technical Editor $85.00 6 $510.00 Graphics Johnnie Garcia GIS $85.00 2 $170.00 Word Processing/Admin Support staff Admin. Assistant $70.00 8 $560.00 Total Labor Task 1.5 $6,140.00 Task 1.6 Final Environmental Document Processin g Coordination/Review Kathleen Brady Principal $175.00 60 $10,500.00 Third Submittal Kathleen Brady Principal $175.00 24 $4,200.00 Third Submittal Diana Gould Sr. Project Mgr. $150.00 40 $6,000.00 Fourth Submittal Kathleen Brady Principal $175.00 24 $4,200.00 Fourth Submittal Diana Gould Sr. Project Mgr. $150.00 32 $4,800.00 Technical Editor Julia Smith Technical Editor $85.00 48 $4,080.00 Graphics Johnnie Garcia GIS $85.00 50 $4,250.00 Word Processing/Admin Support staff Admin. Assistant $70.00 60 $4,200.00 Total Labor Task 1.6 $42,230.00 Task 1.7 Regulatory Permitting Management Kathleen Brady Principal $175.00 10 $1,750.00 Regulatory Permitting Gary Medeiros Regulatory $160.00 150 $24,000.00 Regulatory Permitting Allison Rudalevige Regulatory $100.00 50 $5,000.00 Word Processing/Admin Support staff Admin. Assistant $70.00 24 $1,680.00 Total Labor Task 1.7 $32,430.00 F.wtoiecEaV,lortertuVl+wy rReP 51a 71+ 4« &1 O O French Valley Parkway Interchange Project O ATTACHMENT B COST ESTIMATE (Continued) O O Task 1.8 Cooperative Agreement Between the City and RCA Management Kathleen Brady Principal $175.00 6 $1,050.00 Coordination Gary Medeiros Regulatory $160.00 120 $19,200.00 Review Gary Medeiros Regulatory $160.00 20 $3,200.00 Assist City/RCA Process Gary Medeiros Regulatory $160.00 24 $3,840.00 Allison Rudalevige Regulatory $100.00 20 $2,000.00 Word Processing/Admin Support staff Admin. Assistant $70.00 24 $1,680.00 Total Labor Task 1.8 $30,970.00 Task 1.9 Develop Habitat Mitigation Concept Management Kathleen Brady Principal $175.00 4 $700.00 Write/Review Plan Melissa Howe Assoc. Principal $165.00 12 $1,980.00 Meetings Melissa Howe Assoc. Principal $165.00 10 $1,650.00 Coordination Melissa Howe Assoc. Principal $165.00 10 $1,650.00 Additional Mit Options Melissa Howe Assoc. Principal $165.00 10 $1,650.00 Research Write Memo Jeff Crain Sr. Biologist $120.00 30 $3,600.00 Field Eva[ Jeff Crain Sr. Biologist $120.00 24 $2,880.00 Field Eval Field Biologist Field Biologist $80.00 20 $1,600.00 Word Processing/Admin Support staff Admin. Assistant $70.00 6 $420.00 Graphics Johnnie Garcia GIs $85.00 8 $680.00 Total Labor Task 1.9 $16,810.00 Task 1.10 Develop Habitat Mitigation and Monitoring Program Site Evaluation Jeff Crain Sr. Biologist $120.00 13 $1,560.00 Site Evaluation Jennifer Pareti Biologist $80.00 13 $1,040.00 Develop Criteria Jeff Crain Sr. Biologist $120.00 10 $1,200.00 Review Criteria Melissa Howe Assoc. Principal $165.00 8 $1,320.00 Total Labor Task 1.10 $5,120.00 Task 2.2 Project Management and Meetings Management Kathleen Brady Principal $175.00 120 $21,000.00 Word Processing/Admin Support staff Admin. Assistant $70.00 24 $1,680.00 Total Labor Task 2.2 $22,680.00 Subconsultants Wieland Acoustics, Inc. (Noise Technical Report - Task 1.1) $25,200.00 Total Subconsultants $25,200.00 Direct Costs Reproduction (Actual) Deliveries (Actual) Newspaper Ads (Actual) Mileage ($0.55 per mile) Total Estimate of Direct Costs $50,000.00 Total Augment Request $262,350.00 R.WrgeclswotiaMl02MUgrrierv Regis 71609a.E Cost Estimate 0 ATTACHMENT C SCOPE OF WORK (Wieland Acoustics, Inc.) O O 0 WIELAND ACOUSTICS noise 5 vi b, an on consultant: O O WIELAND ACOUSTICS, INC. 2691 Richter Avenue, Suite 114 Irvine, CA 92606 Tel: 949.474.1222 Fax: 949.474.9122 www. wie land aco us tic s.com June 2, 2009 (Revised June 10, 2009) Proposal File P1905-09 Ms. Kathleen Brady Bonterra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626 Subject: Proposed Reanalysis of Future Conditions in the Noise Study Report for the 1-15/ French Valley Parkway Interchange in Riverside County, CA Reference: Sound Wall Analysis Report 1-15/French Valley Parkway Interchange, KP 9.7 (PM 5.0)/KP 14.5 (PM 9.0), Riverside County, California. Wieland Acoustics, Inc. Project File 671-05. April 19, 2005 (Revised May 8, 2006). Dear Ms. Brady: We are pleased to propose the following scope of work, terms and conditions to provide acoustical consulting services for the above-mentioned project. This proposal, fully executed, constitutes an Agreement by and between Bonterra Consulting ("Client") and Wieland Acoustics, Inc. ("Consultant") effective upon the date of execution by Client. 1 Scope of Work 1. We will review the most up-to-date plans and profiles for the project to identify any design changes that have occurred since preparation of the referenced Noise Study Report. It is understood that such changes may include alterations to previous designs, as well as profile plans that were previously unavailable. It is understood that all plans will be provided by Client in both hard-copy and electronic (3-D DXF) file format. 2. We will update the calibrated future-with-project noise model (utilizing the FHWA Traffic Noise Model, TNM Version 2.5) used in the referenced report to reflect the design changes identified in Task 1. 3. We will use the updated noise model of Task 2, along with the traffic parameters identified in the referenced report, to analyze the future-with-project traffic noise levels at locations in the vicinity of the project for one build design. 4. We will assess the impact of the future-with-project traffic noise levels relative to the FHWA and Caltrans noise abatement criteria. AwNh, WIELAND ACOUSTICS ,o fi .~b.euv~ eenw LLn.u BONTERRA CONSULTING French Valley Reanalysis O Proposal File P1905-09 5. Where significant impacts are assessed, we will conduct analyses as needed to identify the mitigation measures necessary to achieve compliance with the noise abatement criteria. 6. We will conduct an analysis to assess the "feasibility" and "reasonableness" of the mitigation measures, as required by the Caltrans Protocol. It is understood that all cost estimates used in the assessment of the "reasonableness' of the mitigation measures will be supplied by the project's civil engineer. 7. We will revise the relevant sections of the referenced Noise Study Report and submit a draft copy of the report for review by Client and Caltrans. Based on discussions with Mr. Tony Louka at Caltrans District 8, the report format will be consistent with the previously submitted report (i.e., it will not be reformatted to match updated templates or style guides). The report will be submitted electronically, in PDF format, and will include all appendices as well as the TNM modeling runs. 8. We will respond to one set of comments each prepared by Client and Caltrans. 9. We will prepare one copy of a final noise study that incorporates our response to comments. The report will be submitted electronically, in PDF format, and will include all appendices as well as the TNM modeling runs. 10. If requested, we will attend up to two meetings with Client and Caltrans to support the work effort. 2 Exclusions It is expressly understood by Client that the following are specifically excluded from Consultant's scope of services under this Agreement, and Consultant shall not be held liable for the design, specification, recommendations associated with, implementation or provision of: 1. Preparation of, or any additional work pertaining to, the Noise Abatement Decision Report (NADR) for the project. It is our understanding that this report will be prepared by others. 2. Any analysis or reanalysis of existing conditions whatsoever, including, but not limited to: noise measurements and alterations to the existing/calibration noise model runs for the project. 3. Any analysis or reanalysis of future-without-project conditions. 4. Consideration of any noise-sensitive receptors other than those previously considered in the referenced Noise Study Report. 5. Changes to the project description, traffic data, land uses, etc., that require additional analysis. 6. Project alternatives. 7. Mitigation of noise from sources other than traffic on 1-15, 1-215 and their associated ramps and connectors. This includes traffic noise on French Valley Parkway and other arterials affected by the project. O www.wielandacoustics.com 2 O June 10, 2009 WIELAND O ACOUSTICS O O BONTERRA CONSULTING French Valley Reanalysis Proposal File P1905-09 8. Compliance of the project design with any noise standard or applicable guideline other than the FHWA and Caltrans Noise Abatement Criteria. This includes the noise standards of the Cities of Temecula and Murrieta, and the County of Riverside. 9. Attendance at meetings and public hearings beyond the two meetings included in the Scope of Work. (Such attendance, if required, will be invoiced as an additional expense.) 10. Preparation of hard copies of any reports or other documents. 3 Terms and Conditions 3.1 Responsibility for Implementation Consultant shall not be responsible for construction means, methods, schedules, procedures and sequences selected by Client nor for the Client's safety precautions or programs in connection with implementation of Consultant's recommendations. These rights and responsibilities are solely those of the Client in accordance with its contract documents. Consultant shall not be responsible for any acts or omissions of the Client, its subcontractors, any entity performing any portions of the work, or any agents or employees of any of them. Consultant does not guarantee the performance of Client and shall not be responsible for Client's failure to perform its work in accordance with the contract documents or any applicable laws, codes, rules or regulations. 3.2 Indemnification Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants (collectively, "Consultant") against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the services performed under this Agreement, except for Consultant's negligence or willful misconduct. 3.3 Limitation of Liability To the maximum extent permitted by law, Client agrees to limit Consultant's liability for Client's damages to the sum of $50,000, or Consultant's fees, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 3.4 Waiver of Consequential Damages . Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that www.wielandacoustics.com 3 June 10, 2009 r~ WIELAND ACOUSTICS BONTERRA CONSULTING French Valley Reanalysis O Proposal File P1905-09 either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. 3.5 Third Party Beneficiary Nothing contained herein shall create a contractual relationship with or a cause of action in favor of a third party against either client or consultant. Consultant's services under this Agreement are being performed solely for Client's benefit, and no other party or entity shall have any claims against Consultant because of this Agreement or the performance or nonperformance of services hereunder. 4 General Provisions 1. All tasks will be completed in a professional manner according to standard practice. 2. Any alteration or deviation from the proposed tasks involving extra costs will be executed only upon Authorization and will become an extra charge over and above the proposed fee. 3. All agreements are contingent upon strikes, accidents, or delays beyond our control. 4. The work effort and fee authorized as a result of this proposal are valid for 6 (six) months. 5 Fee Consultant proposes to furnish consulting services in accordance with the above tasks and conditions for the following not-to-exceed fee: Tasks 1through 10: $25,200.00 Additional Consultation: Additional tasks conducted or expenses incurred at Clients' request that are over and above those described in the Scope of Work, will be invoiced on a time-and-expense basis. Project Changes: When significant changes to the project, or corrections to the information that Client has provided, occur after Clients' authorization to proceed and necessitate reiteration of work, or additional work, the charges for such work will be invoiced as an additional fee. Terms: Due on receipt. 6 Termination Either party may terminate this Agreement with ten (10) days written notice. In the event of termination, Client shall pay Consultant for all services rendered and all reimbursable costs incurred www.wlelanclacoustics.com 4 June 10, 2009 O O O W I E LAN D Bll CONSULTING /AC I CTI CCJ French ench Valley Reanalysis \v1pJ V,oJo^ Y e^` Proposal File P1905-09 by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. 7 Mediation In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, Client and Consultant agree to attempt to resolve such disputes, prior to instigating formal litigation or arbitration, as follows: (1) the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party; (2) if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute by formal non-binding mediation. This is the entire agreement between Bonterra Consulting and Wieland Acoustics, Inc., and there are no agreements, conditions, representations or understandings between us except as specifically set forth herein. If you wish to accept this proposal, please sign below and return one signed copy of this document to our office. We appreciate the opportunity to provide you with our proposal for acoustical consulting services, and look forward to working with you. If you have any questions please feel free to call us at 949.474.1222. O Sincerely, WIELAND ACOUSTICS, INC. Roberta R. Wieland President S_K~ David L. Wieland Principal Consultant I Hereby Acknowledge and Accept This Proposal: (Please note: Signing this proposal indicates acceptance of our offer and creates a contract to be performed according only to the express scope of work, terms and conditions included herein. If you intend to submit your own contract the Scope of Work and Exclusions must be incorporated by reference.) O Ms. Kathleen Brady, Date Authorized Signer for Bonterra Consulting www.wielandacoustics.com 5 June 10, 2009 . ; r ..i Y_ MOFFATT & NICHOL O CITY OF TEMECULA PROJECT NO. PW 02-11 FRENCH VALLEY PARKWAYIINTERSTATE -15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS AMENDMENT NO. 10 -SCOPE OF WORK FINAL ENVIRONMENTAL DOCUMENT PHASE SERVICES ATTACHMENT B Overland Pacific O O O June 18, 2009 Ms. Goska Nichol Moffatt & NicholI Engineers 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 RE: French Valley Parkway Updated Right of Way Data Sheets Dear Ms. Nichol, 100w. Broadway, smote 500 Long Beach. CA 90802 562309.2000 ph 1562309.2020 in You have asked Overland, Pacific & Cutler, Inc. for a proposal to provide an update to the Right of Way Data Sheets previously prepared by our firm for the French Valley Parkway Interchange project. As you know, the last cost estimate and data sheet was prepared in April, 2006. I revisited the project site last O weekend and noted that there have been significant changes to the tenancies and property development since I last performed the study. Also, the economics of the area have changed drastically necessitating a fresh look at the real estate values employed. Finally, Caltmns has instituted a major revision to the LPA Right of Way Data Sheet that we may have to use to report our findings. These factors lead to a conclusion that the effort is one of first impression and would necessitate a new budget of $10,500 covering the approximate 50 properties. This relates to $210 per property or a $2,000 discount off of our standard $250/property rate due to the economics of such a large project. I will be in charge of the effort again personally and will utilize members of our Riverside office for support. The effort can be completed in 30 days - however I must tell you that 1 have a family vacation scheduled from June 26 thru July 10 that I will not be able to work on it. If your schedule cannot accommodate this, I can get another staff member to provide the report but they would have to ro. familiarize themselves with the project and the area. I look forward to working with you again. Sincerely, Overland, P flc & Diller, Inc. Ray rmslrong SR O- Principal/Vice President O hl, NIOFFATT & NICHOL CITY OF TEMECULA PROJECT NO. PW 02-11 FRENCH VALLE YPARKWA YIINTERSTA TE -15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS AMENDMENT NO. 10 - SCOPE OF WORK FINAL ENVIRONMENTAL DOCUMENT PHASE SERVICES ATTACHMENT C Fee Summary O O O AmendmNO. 10 O French Valley Parkway Phase 1 Design Southbound Off--Ramp FED Support Moflan and Nichol Fee Schedule Date: July 14,1009 Prime Consultant: Moffatt & Nichol ask Norma Clesslace[lon ti m m c1 e 2 g W 2 .s a a c 'i; o 4 Hours Subtotal rect Labor Subtotal Rem $195.00 $152.00 195.00 $182.00 $167.00 $150.00 $148.00 138.00 $108.00 $7500 TASK 1 • FINAL ENVIRONMENTAL DOCUMENT 1.1 Noise StudyR"d(NSR) 8.(70 8.00 8.00 108,00 10.00 142.00 19,630 1.7 Noise Abatement Decision Report (NADR) 6,00 8.00 8.00 80.00 6.00 112.00 15,616 1, 11 Engr Support of Environmental d Permming 68.00 22.00 10.00 100.00 17,354 TASK 2 - PROJECT APPROVAL 2.1 Life Cycle Cost Analysis(LCCA) 8.00 8.00 34.00 78.00 16.00 144.00 19,640 11Pmject Management (July 2009 to March 1010) 100.00 100.00 24.00 224,00 36,500 1.3 RighhoFWey Data 16.00 40.00 56.00 9,200 1.4 Storm WeW Date Report (SWDR) 4.00 Soo 31.00 8.00 52.00 7,396 2.5 PmJW Report 4.00 40.00 4.00 48.00 7,160 2.6 New Connection Report 4,00 24.00 4.00 32.00 4,728 Submml•Hrs 220.00 258,00 8200 266.00 84.00 910.00 +'1 Submtsl•Costs s 42,900 $ 39.216 $ $ $ $ 12.300 $ $ 36,708 $ $ 6,300 . $ 137,424 Reproduction $ . . . . . . 1,500.00 . . . Mail/~e1Nery . _ . . . . . $ . . 1.500.00 Supplies $ Travel $ _ . . . . 1,500.00 _ . . Presentation Boards _ . _ _ . . .__T_. $ 4,500.00 LABOR TOTAL ATTACHA aon7ane ATTACHE Ovedend Pecdk OOC $ 137,424 5 262,350 s 10,500 s 4,500 TOTAL _i E 414. n4 PROJECT DESCRIPTION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE PRIORITY: I IMPROVEMENTS Project Type: Circulation Description: Study, process, design, and construct a bridge over-crossing over Interstate-15 from Jefferson Avenue to Ynez Road and construct a new freeway interchange. Project will consist of designing a new interchange to address traffic circulation in the City's northern areas. Department: Public Works -Account No. 210.165.726 Scope of Project: Project will consist of designing and constructing a freeway over-crossing over Interstate-15 and construct a new freeway interchange. Project would also include curb and gutters, pavement, sidewalks, and new traffic signals. Benefit: Project will improve traffic circulation. Project Cost: Actuals to Date 2009-10 2010-11 2011.12 2012-13 2013-14 Total Project Cost Administration $ 761,038 $ 320,610 $ 325,000 $ 200,000 $ 125,000 S 1,731,648 Acquisition $ 8,936,172 $ 3,896.234 $ 15,872,147 S 25,704,553 Caltrans Oversight $ 7,000,000 $ 7,000,000 $ 6,000,000 $ 20,000,000 Construction $ 20,302,260 $ 19,697,740 $ 18,000,000 $ 58,000,000 Design $ 2,154,305 $ 3,133,603 $ 5,000,000 $ 10.287,908 Totals $ 11,851,515 $ 7,350,447 $ 48,499,407 S 26,897,740 $ 24,125,000 $ - $ 118,724,109 Source of Funds: I= Capital Project Reserves $ 322,730 5 325,000 S 200,000 $ 125.000 $ 972.730 TUMF(WRCOG)* $ 2,144,242 $ 32,583,657 $ 6,152.740 $ 3,000,000 3 43,880,639 DIF (Public Facilities) $ 75,360 S 75,360 TUMF(RCTC)'* $ 3,187,315 $ 3.5 14,599 S 3,990,750 $ 11,292,664 Measure A-Local Strect and Road $ 975,000 $ 1,368,876 $ 2,343,876 Measure A-Highway Program S 10,000,000 $ 10,000,000 $ 20,000,000 CFD (Harveston) 1,005,840 $ 1,005,840 Federal Highway Administration $ 8,000 $ 8,000 SAFETEA - LU S 1,600,000 $ 1,600,000 Reimbursements/Other(Land Donation) $ 6.000,000 S 6,000,000 STIP Augmentation*** $ 10,545,000 $ 21,000,000 $ 31,545,000 Total Funding: $ 11,851,515 $ 7,350,447 S 48,499,407 $ 26,897,740 $ 24,125,000 S $ 118,724,109 Future O & M Cost: $ 8,000 Annually *TUMF Zone funding pursuant to WRCOG Agreement 05-SW-TEM-1064 fora total of 54,078,000 ($1,165,000-PA&ED, $2,913,000-PS&E) also see Phase 1. **TUMF Regional funding pursuant to RCTC Agreement 06-72-048-00 fora total of $7,517,000($5,715,000-ROW; $2,000,000-PS&E) also see Phase 1. ***STIP Augmentation is dependent upon State's ability to band for transportation funds. 43 0 0 O O O PROJECT LOCATION Project Title: FRENCH VALLEY PARKWAY/ INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS 9 ~ pi ~F'cc SO,y GHQ- g ` O to F~s9 0 GP-( eF ~ j LL C7- ' 1, O 9L GO P F 4 EQ y ~ ~tP Q ~ 9 UITY DR ~ F r PN OR ~t~ 5p e ~ ? O,9 Q.Py ~F 2 ~ GA J~~ PJ P ~G GO P~ G O O ~G 0 GF~ G~ 00~~ \aG Oa Q-P~G 5P V~~T FP sp N O/~RD A 2 GIR NO9L Q~~SE OVERLAND R 42 ITEM NO. 8 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT 0 TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 28, 2009 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 23065, 23065-1, and 23065-4 (Located at the intersection of Pechanga Parkway and Deer Hollow Way - Centex Homes) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23065,23065-1, AND 23065-4) BACKGROUND: Tract Map Nos. 23065, 23065-1, 23065-4 were originally approved by the Riverside County Board of Supervisors prior to annexation of the Redhawk area into the City of Temecula on June 30, 2005. The developers, dedicated to public use for street and public utility purposes streets designated as lettered lots on the three maps. The Tract Maps were recorded by the County Recorder on the following dates: Tract Map No. 23065 January 31, 2003 Tract Map No. 23065-1 December 19, 1996 Tract Map No. 23065-4 January 31, 2003 The County Board of Supervisors accepted the offers of dedication at the time of map recordation for each Tract. At the time of annexation, the streets offered for dedication on the three maps became street right-of-way offers within the City of Temecula. City Public Works staff has since reviewed and inspected the public improvements and determined 0 that all required repairs and replacements were satisfactorily completed. The Performance bonds for the Tracts have therefore been released, however, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the O one-year period in July 2010. The Labor and Materials Bonds will be released six months into the one-year warranty period in January 2010. The public streets now being accepted by this action are as follows: Tract 23065 Sharon Street, Vine Street, Vianne Court, Lianne Court, Drymen Avenue, Carpet Court, Grace Court, Monte Drive, Galaxy Court, portion of Anza Road (Deer Hollow Way), Romance Place, Puffin Street, Toy Court, Linda Court, Jane Place, Kennedy Court, and portion of Peach Tree Street. Tract 23065-1 Portion of Deer Hollow Way, portion of Via La Colorada, Via Perales and Corte Oaxaca. Tract 23065-4 Portion of Deer Hollow Way, Jon William Way, Ruth Court, Bijan Court, Kohinoor Way, portion of and Peach Tree Street. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 - _ with Exhibits "A - B" inclusive. O O O RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23065, 23065-1, AND 23065-4) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map Nos. 23065, 23065-1, and 23065-4 were originally approved by the Riverside County Board of Supervisors prior to annexation of the Redhawk area into the City of Temecula on June 30, 2005; and, WHEREAS, Tract Map Nos. 23065, 23065-1, and 23065-4 were recorded by the County Recorder on January 31, 2003, December 19, 1996 and January 31, 2003, respectively, in which offers of dedication for street and public utility purposes were accepted by the County of Riverside from Centex Homes; and, WHEREAS, at the time of annexation the streets offered for dedication on the three maps became street right-of-way offers within the City of Temecula; and, O WHEREAS, City Public Works Staff has reviewed and inspected the public improvements and all repairs and replacements have been satisfactorily completed; and, WHEREAS, only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets originally offered to the County of Riverside as described in Exhibits "A" and "B" attached hereto. O PASSED, APPROVED, AND ADOPTED by the City Council of the City of O Temecula this 28th day of July, 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 28th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: W. Jones, MMC City Clerk O O EXHIBIT "A" TO RESOLUTION NO. 2009 - Accepting certain public streets offered to and accepted by the City O of Temecula as indicated on Tract Maps 23065, 23065-1, 23065-3 and 23065-4 into the City-Maintained Street System as described as follows: Tract Map 23065 O 1. Lot "A" (Sharon Street) of said Tract Map No. 23065 2. Lot "B" (Vine Street) of said Tract Map No. 23065 3. Lot "C" (Vianne Court) of said Tract Map No. 23065 4. Lot "D" (Lianne Court) of said Tract Map No. 23065 5. Lot "E" (portion of Drymen Avenue) of said Tract Map No. 23065 6. Lot "F" (portion of Drymen Avenue) of said Tract Map No. 23065 7. Lot "G" (Carpet Court) of said Tract Map No. 23065 8. Lot "H" (portion of Drymen Avenue) of said Tract Map No. 23065 9. Lot "I" (Grace Court) of said Tract Map No. 23065 10. Lot "J" (Monte Drive) of said Tract Map No. 23065 11. Lot "K" (Galaxy Court) of said Tract Map No. 23065 12. Lot "L" (portion of Deer Hollow Way) of said Tract Map No. 23065 13. Lot "M" (portion of Romance Place) of said Tract Map No. 23065 14. Lot "N" (portion of Romance Place) of said Tract Map No. 23065 15. Lot "0" (Puffin Street) of said Tract Map No. 23065 16. Lot "P" (Toy Court) of said Tract Map No. 23065 17. Lot "Q" (Linda Court) of said Tract Map No. 23065 18. Lot "R" (Jane Place) of said Tract Map No. 23065 19. Lot "S" (Kennedy Court) of said Tract Map No. 23065 20. Lot "T" (portion of Peach Tree Street) of said Tract Map No. 23065 21. Lot "U" (portion of Peach Tree Street) of said Tract Map No. 23065 O Tract Map 23065-1 1. Lot "A" (portion of Deer Hollow Way) of said Tract Map No. 23065-1 O 2. Lot "B" (portion of Via La Colorada) of said Tract Map No. 23065-1 3. Lot "C" (Via Perales) of said Tract Map No. 23065-1 4. Lot "D" (Corte Oaxaca) of said Tract Map No. 23065-1 Tract Map 23065-4 1. Lot "A" (portion of Deer Hollow Way) of said Tract Map No. 23065-4 2. Lot "B" (Jon William Way) of said Tract Map No. 23065-4 3. Lot "C" (Ruth Court) of said Tract Map No. 23065-4 4. Lot "D" (Bijan Court) of said Tract Map No. 23065-4 4. Lot "E" (Kohinoor Way) of said Tract Map No. 23065-4 6. Lot "F" (portion of Peach Tree Street) of said Tract Map No. 23065-4 O O EXHIBIT "B" TO RESOLUTION N0.2009- SHEET 1 OF4 TRACT MAP 23065 .14NZA- - ROAD - - - ./L- LOT 7-" V4 P L~7 ' p ' / b7 16/ 12 163 t64 /65 Ild l61 184 314 31f 316 3/7 3/d 3I9 31D 311 313 74 p ' 154 !59 D RIVE LOT Y' ROMANCE PLACE LOT'M" 151 DEER' /329 54 155 1~ ajE ~9 174 03 /71 111 LID 169 ?d1 1d37d4' 1d3 1~ o L c 1B1 _ L T , , 1 CAp Pq Psot l15 176 14 196 ?91 N1 83 04 v l85 /,93 i 11 7q 191 195 193 6l 6? Lp1 = 15151 Bb Iffi l~ LN lld apE 7d0 301 KENNEDY COURT LOT cx A 1~ ` IB l~ 81 PN~! 179 ID3 307 30? 3/1 3113!3 ~ 49 _ 310 59 ~ 0 51 ~ l09 ~ ~ " 51 41 s v 149 Q ct f3 ,N y 147 S, c~ 54 4f ~p 55 n W I 39 49 t 41 41 41 O\P~," JJV ~ f X ` ~ lW/ IN ' VENOE A 13 145 31 14 144 61 75 N3 ~ I6 /41 W 6p j ' ~ v 11 14/ 70 1B 140 Il W 79 /39 4 69 v 81 T7 o V 6 SEES'HEET2OF~ W 2 if q61 STREET LOT 004 147 ?01 146 103104 aix 107 1x 10g 1ID 11(111 113 1/4 115 216 1J1 330 1 1 151 4 "1 716 775 1tB ' 153 N 135 134 [0/ R' 114 119 I 163 to/ m 717 267 0 142 131 733 71d 5 ~a 155 15? fig IG! A 141 119 ry W 77? S 157 / 1lg ~ ?40 73g x 131 2?l/ c 11J LOT N" ROMANCE PLACE 330 i PROJECT SITE I VICINITY MAP ND SCALE EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 23065 [or fir- P BARRIER STRIP SHEET 2 OF 4 SfESHffT 1 OF2 83 /3f ' 1d 8i 139 m k'f /3! ~ I 31l 16 o P6 l.~? q f gl 3l W ? IN ' N IN ?7 09 1 11 V 119 10 9/ l11 /17 s l9 B 6 91 /10 Q R~ 93 //9 ul 95 SS J 90 !11 I~ 116 91 ~ /16 115 1 29 1/f !13 l9 IN ~ !l6 114 IV I0f mno' Ip /11 ' Wti 109 s° 110 111 SNARON STREET 326 ' 0 EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 23065-1 15 50 14 13 9~ 8 7 6 ~~Q 4 3 2 0 4s 1 V Op 12 11 pop Cps 16 17 S 27 26 [OT o 25 28 20 a 21 22 23 24 0 29 30 101- V1q PERgLER 481471461451441431421411401. 35 36 37 __DEER HOLLOW Wq y__-I MET 3 OF 4 1132133 VICINITY MAP NO SCALE EXHIBIT "B" TO RESOLUTION NO. 2009- SHEET 4 of 4 TRACT MAP 23065-4 ANZA ROAD "73 4~0~ SOS n P 72 0 `O`lA / 4 2 3 71 3 p4~~ 4 JoN WILLIAM 70 5 67 65 69 6 W 7 66 65 64 cv Z° B RanreooRT 63 g DoT °c^ 10 60 6/ 62 Il ` 12 z ~ 59 58 57 13 a 14 3 RUANCOORT 56 PRWICT SITE 15 n 10T V lz 55 16 53 17 51 50 18 ro 52 49 19 m " 48 VICINITY MAP 22 21 70 E 46 4' NO SCALE ?3 45 24 1~ It 44 25 43 42 26 4/ ?7 40 IOT75 3130 a0p 37 \ 36 31 ~Oa 35 34 33 1DT76 0 ITEM NO. 9 O CITY OF TEMECULA AGENDA REPORT O Approvals City Attorney Director of Finance City Manager TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: July 28, 2009 SUBJECT: Support for ACA 8, Constitutional Amendment to Apply the Brown Act to the Legislature, (Jeffries) - at the request of Mayor Pro Tern Comerchero PREPARED BY: Tamra Middlecamp, Senior Management 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 EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 8, TO APPLY THE BROWN ACT TO THE LEGISLATURE (JEFFRIES). BACKGROUND: The California State Legislature created the Brown Act to regulate local government. However, the Legislature has continued to exempt itself from the same Brown Act rules. The exemption allows the Legislature to regularly craft budget deals and legislation completely out of view of local government and the public. It is not uncommon for multi-hundred page bills to be dropped on legislators' desks moments before they are expected to vote on them without any real opportunity to review the language before being asked to approve it. As introduced by Assemblyman Kevin Jeffries, Assembly Constitutional Amendment 8 would force the Legislature to recognize basic tenets of open government. It would require them to post a public notice 72 hours in advance of any vote and to make the text of any legislation available to legislators and the public at least 24 hours in advance of any vote. This will allow at least a minimum of opportunity for the public, local governments, and stakeholder groups to have some input into legislation before it has been acted upon. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 09- O O RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 8, TO APPLY THE BROWN ACT TO THE LEGISLATURE (JEFFRIES). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Open and transparent government is the bedrock of our communities, our state and our country; and WHEREAS, Existing law requires meetings of each house and committee of the Legislature to be open to the public, except that closed meetings may be held to consider specified matters, including employment and personnel, security, advice from counsel, and caucus meetings; and WHEREAS, state legislation is often rapidly crafted, or gutted and amended in a hasty manner with minimal if any time for public inspection; and WHEREAS, the inability or lack of the public, media and many legislators to O thoroughly inspect and review proposed legislation in a timely manner before such legislation is to be voted upon works against basic principles of democracy and transparent government; and WHEREAS, said practices are common within the California Legislature, often leaving citizens, local agencies, community groups, and even legislative members feeling blindsided, and impeding informed debate; and WHEREAS, The Legislature passed the Ralph Brown Act in 1953, which helped prohibit local government from engaging in such practices, and has continued to regulate and require local governments to post public notices and make records publicly available without requiring the same standards of openness in its own operations; NOW, THEREFORE, BE IT RESOLVED that the City of Temecula does hereby SUPPORT the passage of Assembly Constitutional Amendment 8 which would require a house or committee of the Legislature, at least 72 hours before a regularly scheduled meeting, to post an agenda containing a brief general description of each item to be considered, including items to be considered in closed session; and also that said items be in print and available to the public at least 24 hours before they can be voted on. O PASSED, APPROVED, AND ADOPTED by the City Council of the City of O Temecula this 28th day of July, 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 28th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk O O ITEM NO. 1 0 O Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: July 28, 2009 SUBJECT: Old Town Civic Center (OTCC) Structured Data Cable Contract RECOMMENDATION: That the City Council: Award a contract with Anderson & Howard Electric, Inc. (A&H) forthe Old Town Civic Center Structured Cable project in the amount of $603,178.00 and authorize the Mayor to execute the contract, O Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,318.00, which is equal to 10% of the contract amount. BACKGROUND: Because of the size and complexity of the City's new Civic Center, it was determined that this project requires structured cable installers that have recent proven experience in large scale facilities. On August 22, 2008, City Council authorized the Information Systems Department to solicit and pre-qualify vendors to perform the structured data cabling work required for Phase 2 of the Old Town Civic Center Project. A Request for Qualifications (RFQ.IS-01) was prepared with a final filing date of October 2, 2008. Five vendors responded to the RFQ for which all five met the pre-qualification criteria necessary to bid on this project. On May 25, 2009 the City issued a Bid for the OTCC Structured Cable Project and received the following results from the five pre-qualified contractors: Bidding Contractors A&H Pinnacle Tekworks Volt AT&T Pro ect Management Included 29,489.00 51 11,326:20, 80;390.75 29,434.25 Labor 143,841.00 1901057.15: 224;463.88 226,222.89 333,322.71 ;Materials- 456,387.00 427,85348^ 536,098:8.1, 506,873.33 564,629.29. Miscellaneous 2.950.00 29,7,91.20 25,541:84 14,521.64 3,555.55 TOTAL BID PRICE 603,178.00 678,046.36 797,430.73 828,008.61 930,941.80 Staff has reviewed the bid proposals and found A&H to be the lowest responsible bidder. A&H has extensive public contracting experience and has completed similar projects for municipalities and O other government agencies. The scope of services for this project includes 7 wiring closets, the data center build out, overhead paging, and coaxial cable distribution. FISCAL IMPACT: The Old Town Civic Center- Phase II project is included in the FY 2008-12 O capital improvement program, and is funded with Cap Reserves Certificates of Participation and DIF - Corporate Facilities. Adequate funds are available in the project account - Account# 210-165- 751-5601 for this expense. The total amount requested is $663,496.00, which includes the base agreement amount of $603,178.00 plus a 10% contingency of $60,318.00. ATTACHMENTS: City of Temecula Agreement CIP Project Description CIP Project Location O O O CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. NO. IS-01 OLD TOWN CIVIC CENTER STRUCTURED CABLE. O THIS CONTRACT, made and entered into the 28th day of July, 2009 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Anderson and Howard Electric, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. IS- 01, OLD TOWN CIVIC CENTER STRUCTURED CABLE, 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. IS-01, OLD TOWN CIVIC CENTER STRUCTURED CABLE. 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 NO. IS-01, OLD TOWN CIVIC CENTER STRUCTURED CABLE. 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 O 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: NO. IS-01, OLD TOWN CIVIC CENTER STRUCTURED CABLE. 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: SIX HUNDRED THREE THOUSAND ONE HUNDRED SEVENTY EIGHT THOUSAND DOLLARS and NO CENTS ($603,178.00), the total amount of the base bid. The work to be performed shall coincide with the schedule of Edge Development Inc. The General Contractor for this Capital Project, but only after execution of the contract and Notice to Proceed has been issued. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: O paid a sum equal to ninety percent (90%) of the value of the work completed O 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. O 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 O 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 hftp://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, 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, O 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 O 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. O 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: Tim Thorson Tim Thorson Director of Information Systems Director of Information Systems City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 O IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. O DATED: DATED: CONTRACTOR Anderson & Howard Electric, Inc 1791 Reynolds Ave Irvine, CA 92614 949 250-4555 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City.Attorney CITY OF TEMECULA By: Maryann Edwards, Mayor FSM Initjal Date 0 O O PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: CIVIC CENTER PRIORITY: 1 Benefit: Project Cost: Actuals to Date 2009-10 2010-11 Administration $ 125,854 $ 598,367 Acquisition $ 25,800 $ 56,200 Construction $ 476,271 $ 34,450,621 Construction Engineering $ 352,000 Design $ 3,985,211 $ 1,235,789 Fixtures/Furn/Equip $ 147,080 $ 3,392,720 Utilities $ 307,564 $ 2,436 Totals $ 5,067,780 $ 40,088,133 $ Source of Funds: Capital Project Reserves $ 4,594,565 $ 16,460,449 COPS $ 473,215 $ 22,787,684 DIF (Corporate Facilities) $ 800,000 DIF (Public Art) $ 40,000 Total Funding: $ 5,067,780 $ 40,088,133 $ $ $ g Future O & M Cost- $ 900,000 Annually Infrastructure Project will construct an approximately 93,000 square-foot, three-story City administration building and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works-210.165.751 Project will include design and construction of a three-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build-out. Total Project 2011-12 2012-13 2013-14 Cost $ 724,221 $ 82,000 $ 34,926,892 $ 352,000 $ 5,221,000 $ 3,539,800 $ 310,000 $ $ $ $ 45,155,913 $ 21,055,014 $ 23,260,899 $ 800,000 $ 40,000 $ 45,155,913 91 O O O PROJECT LOCATION Project Title: CIVIC CENTER N A 90 ITEM NO. 11 O Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT O TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: July 28, 2009 SUBJECT: Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009-2010 RECOMMENDATION: That the City Council approves an agreement for Consulting Services for Plan Review for Fiscal Year 2009-2010 with Tom Haney in an amount not to exceed $40,000. BACKGROUND: Mr. Haney has over 25 years of building and safety experience in the inspection and plan check process. He is able to meet our clients on a regular basis here at City Hall. Mr. Haney will be able to enhance our plan check process for the review of projects and assist our customers. Therefore, the Building and Safety Department wishes to enter into an agreement for the fiscal year 2009-2010 with Tom Haney to ensure plan review turnaround times are met and provide the expected level of service at city hall. FISCAL IMPACT: Appropriate funds.are currently programmed in the Fiscal Year2009- 2010 Operating Budget Account No. 001-162-999-5248 "Consulting Services", for this purpose. ATTACHMENTS: Agreement Fiscal Year 2009-2010 O O AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND TOM HANEY, LLC PLAN CHECK REVIEW SERVICES THIS AGREEMENT is made and effective as of July 28, 2009, between the City of Temecula, a municipal corporation ("City") and Tom Haney, LLC ("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 1, 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. 4. PAYMENT. O A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty Thousand Dollars and No Cents ($40,000.00) 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 City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. O 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. O A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in O default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. O O B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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 and employees, or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain 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. O A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, 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. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: O 1) General Liability: One million ($1,000,000) per occurrence for O bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be O covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City O O 6) If insurance coverage is canceled or reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of 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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of O the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or O relating to any project or property located within the City. Response to a subpoena or court O order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (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 O Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Tom Haney, LLC 341 Somerset Ct Azusa, CA 91720 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation O O concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind O Consultant to the performance of its obligations hereunder. O IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be O executed the day and year first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Tom Haney, LLC 341 Somerset Ct Azusa, CA 91702 623-363-0786 Phone 602-237-6424 Fax By:_ Name Title: By:_ Name [Signatures of Two Corporate Officers Required] O O O EXHIBIT A SCOPE OF WORK The specific elements of this service include: Plan review services for compliance with the following California Code of Regulation as modified by City of Temecula Ordinance and Federal regulations: California Code Regulations Title 24, Part 2: California Building Code California Code Regulations Title 24, Part 3: California Electrical Code California Code Regulations Title 24, Part 4: California Mechanical Code California Code Regulations Title 24, Part 5: California Plumbing Code California Code Regulations Title 24, Part 6: California Energy Code O O EXHIBIT B O PAYMENT RATES AND SCHEDULE Consultant's plan review fee for review of structural and non-structural Code requirements shall be 75% of the plan review fee collected by the City of Temecula. The above fees include rechecks. For performing structural plan review for the projects that are charged hourly, Consultant shall be paid $85 per hour for the time spent for plan review. O O ITEM NO. 12 O Approvals City Attorney Director of Finance 5 /vl//`/ J City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: July 28, 2009 SUBJECT: Amended and Restated Employment Agreement for City Manager Extending the Term of Service RECOMMENDATION: That the City Council approve the Amended and Restated Employment Agreement for Shawn D. Nelson dated as of July 28, 2009. BACKGROUND: Shawn Nelson has been employed as City Manager for the City of Temecula since December 15, 1998. On August 24, 1999 the City and Mr. Nelson entered in an O Employment Agreement providing for the terms of his permanent employment as City Manager. The Employment Agreement was amended on August 8, 2000, July 9, 2002 and June 28, 2005 with the amended terms becoming part of the Employment Agreement. The recommended Amended and Restated Employment Agreement changes the terms of Mr. Nelson's employment as City Manager in two ways: 1. Mr. Nelson's term as City Manager is extended for 15 months from June 30, 2010 to October 1, 2011 with an additional six months to April 1, 2012 at the option of Mr. Nelson; and 2. Accrued leaves under the current Employment Agreement that could be taken as a one-time Jump sum payment will now be required to be taken as leaves with no option for lump sum payments. There will be no change in Mr. Nelson's current salary and benefits during the extension of his term as City Manager. Mr. Nelson's base salary was adjusted on July 1, 2008 under the terms of the Third Amendment to the Employment Agreement approved on June 28, 2005. No further base salary adjustments will occur for the remainder of the new term of the Employment Agreement. Mr. Nelson's benefits, including annual cost of living salary adjustments, are tied to those of the City's Executive Management Group which in turn are approved in conjunction with the adoption of the Memorandum of Understanding with the Teamster's Union representing City employees. Thus, there may be cost of living adjustments to Mr. Nelson's base salary but this would be based on the factors established in the current Employment Agreement. O The current Employment Agreement provides Mr. Nelson with the option at termination or retirement to deal his accrued leaves in one of three ways: (1) convert the value of the leaves to a one-time lump sum payment; (2) take the leaves for the remainder of the year of termination or retirement and then take a one-time lump sum payment of the remaining value of these leaves on January 1 of the O next year, or (3) take the leaves until they expire. By eliminating Mr. Nelson's option to take accrued leaves as a one-time lump sum payment, several technical adjustments to the Employment Agreement were required to implement this change. Due to the fact that these changes would have become the fourth amendment to the Employment Agreement, we combined the original agreement and the amendments into one combined, comprehensive agreement called the "Amended and Restated Employment Agreement." This makes it easier to read and administer the Employment Agreement because one does not need to work with five separate agreements and determine those sections that may have been superseded by several subsequent agreements. FISCAL IMPACT: None. The Amended and Restated Employment Agreement extends Mr. Nelson's term as City Manager. The base salary and benefits will remain the same as in the current Employment Agreement. Mr. Nelson had the option under the existing Employment Agreement to take the accrued leaves, so the impact is the same. ATTACHMENTS: Amended and Restated Employment Agreement O O AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of July 287 2009, by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and SHAWN D. NELSON, an individual, ("Employee"). RECITALS A. City desires to engage and retain the services of Employee, and Employee desires to accept employment as City Manager of the City of Temecula. B. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. C. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing ajust means for terminating Employee's services, should cause exist. D. The parties further desire to establish certain benefits and certain conditions of Employee's employment. E. Employee has been employed as the City Manager of the City of Temecula continuously since December 15, 1998. The City and Employee entered into an interim O employment agreement dated and effective as of December 15, 1998 which expired on August 24, 1999 with the approval of the permanent employment agreement. The City and Employee entered into a permanent employment agreement dated and effective as of August 24, 1999, which employment agreement was amended on August 8, 2000, July 9, 2002 and June 28, 2005. F. City and Employee now desire to amended certain portions of the Original Agreement and, for convenience, restate it in its entirety with the various amendments. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in the Temecula Municipal Code and the California Government Code and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. Employee shall not consult or engage in other non-City connected business without the prior knowledge and express written approval of the City Council, provided, however, Employee shall be permitted to instruct, write, teach and lecture on Employee's time off. 2. Term. The term of this Agreement commenced on August 24, 1999. Employee's tenure as City Manager shall be from August 24, 1999 through and including October 1, 2011, unless sooner terminated or extended as provided in this Agreement; provided, however, that following termination or expiration of the Employee's tenure as City Manager, Employee shall O remain an employee of the City until December 31, 2014 or such earlier time as the leaves 1099333 July 15, 2009 1 . provided pursuant to this Agreement have expired. The tenure of Employee as City Manager O may be extended once, at the option of the Employee, without amendment of this Agreement, for an additional six-month period through April 1,2012. Employee may exercise this option in writing filed with the City Clerk on or before April 1, 2011. If such option is duly exercised, the date of April 1, 2012 shall replace October 1, 2011 as the date Employee's tenure as City Manager shall expire, subject to the terms of this Agreement. 3. Termination and Resignation. A. Employee is an at-will employee serving at the pleasure of the City Council, subject to the terms of this Agreement. City Council may terminate this Agreement and Employee's tenure as City Manager at any time without notice and with or without cause. At such time as Employee's tenure as City Manager may be terminated, Employee shall exercise the leaves provided in this Agreement. Termination shall require the affirmative votes of three Councilmembers. B. In the event Employee is terminated by the City Council and upon the expiration of Employee's tenure as City Manager without renewal, Employee shall be entitled to a leave of twelve (12) months at Employee's then monthly salary and benefits, except as otherwise provided in this section ("seniority leave"). (1) In the event Employee is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo O contendre thereto), then City shall not be obligated to provide the seniority leave designated in this Section. If Employee is terminated by City following the filing of such charges Employee shall be entitled to such seniority leave commencing at the time a final judgment is rendered or disposition of the charges is made establishing that Employee did not commit the acts for which he was charged. (2) During the term of the Seniority Leave, Employee shall be reasonably available to assist the City in matters relating to the transition to a new City Manager and other matters arising during his tenure as City Manager. C. Upon termination or expiration of Employee's tenure as City Manager, Employee shall take all of the leaves to which he is entitled under this Agreement including, but not limited to, seniority leave, combined annual leave, executive leave and administrative leave. Employee shall not be entitled to take the lump sum cash equivalent of such leaves. During the period of such leaves, Employee shall be entitled to all benefits provided for in this Agreement including, but not limited to, health insurance, retirement contributions, cafeteria plan benefits, deferred compensation payments, combined annual leave accruals, executive leave accruals, administrative leave accruals, and holiday pay. D. In the event the City Council, at any time during the term of this Agreement, reduces the Employee's salary or any other financial benefits in a greater percentage than an applicable across-the-board reduction for Executive Management Group employees of the City, or fails to increase Employee's salary or any other financial benefits consistent with O 1099333 July 15.2009 - 2 O increases granted Executive Management Group employees, or in the event the City Council refuses, following written notice, to comply with any other provision benefitting Employee herein, then, Employee may, at his option, deem that his tenure as City Manager has been "terminated" effective as of the date of such action by the City Council. E. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing sixty (60) days prior written notice to the City. F. Notwithstanding the above, it is also understood and agreed that the Employee shall be retained a minimum of six (6) months following any municipal election at which a councilmember is elected to the Council, thereby allowing the new City Council adequate time to assess the Employee's performance. if Employee is terminated at the end of this six month period following such an election, the provisions of this Section shall apply to such action. 4. Salary. A. Effective as of July 1, 2005, City agrees to pay Employee for the services required by this Agreement, an annual base salary of one hundred eighty thousand dollars ($180,000.00) ("annual base salary") plus the cost of living adjustment and benefits as otherwise provided in this Agreement, payable on City's regular paydays and benefit payment dates. B. Effective as of July 1, 2006, City agrees to increase Employee's annual O base salary by the sum of twenty thousand dollars ($20,000.00) and Employee shall receive the revised annual base salary plus the cost of living adjustment and benefits as otherwise provided in this Agreement, payable on City's regular paydays and benefit payment dates. C. Effective as of July I, 2007, City agrees to increase Employee's annual base salary by the sum of twenty thousand dollars ($20,000.00) and Employee shall receive the revised annual base salary plus the cost of living adjustment and benefits as otherwise provided in this Agreement, payable on City's regular paydays and benefit payment dates. Effective as of July 1, 2008, City agrees to increase Employee's annual base salary by the sum of twenty thousand dollars ($20,000.00) and Employee shall receive the revised annual base salary plus the cost of living adjustment and benefits as otherwise provided in this Agreement, payable on City's regular paydays and benefit payment dates. D. In addition to the annual base salary amounts provided in this Agreement, the City agrees to increase Employee's annual base salary and benefits in such a percentage and to such extent as the cost-of-living allowance ("COLA") City Council approves for other Executive Management Group employees of the City. In the event City grants different COLA increase amounts to different classifications within the Executive Management Group, Employee shall receive at least the overall average of the increases provided to all members of the Executive Management Group. Employee shall receive such increases without the necessity of amending this Agreement. E. Effective July 1, 2002, and in addition to annual base salary and other benefits, City shall contribute an amount equal to the maximum normal contribution permitted 1099333 July 15, 2009 3 annually during a calendar year, for Internal Revenue Code § 457 deferred compensation plans O to a deferred compensation plan of Employee's choice, pursuant to Government Code § 53213. The maximum normal contribution will be determined by applicable federal law (1RC § 457(b)(2) or successor) or the limit provided under the applicable deferred compensation plan, whichever is less. Such contribution will be prorated and paid each pay period and will also be prorated for partial years. The parties agree that the salary additive is discontinued, effective with the deferred compensation contribution provided under this paragraph. The parties also agree that the deferred compensation contribution provided under this paragraph is in lieu of, and not in addition to, other employer-paid deferred compensation contributions or employer-paid matching contributions, if any. Performance Evaluation. A. The City Council shall review and evaluate the performance of Employee annually after the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. The Mayor shall provide Employee with a summary written statement of the finding of the City Council and provide an adequate opportunity for Employee to discuss his evaluation and compensation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City, and in the attainment of the City Council's policy objectives and shall further establish a relative O priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budget appropriations provided. 6. Hours of Work. Leaves, and Holidays. A. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. B. Except as otherwise provided in this Agreement, Employee shall receive such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the Executive Management Group employees. C. Employee's cumulated Comprehensive Annual Leave shall be subject to a maximum of one thousand forty (1040) hours. Except as specifically provided in this subparagraph, Employee's Comprehensive Annual Leave shall otherwise be subject to the same terms, conditions, limitations, and restrictions as apply to other members of the Executive Management Group. D. Employee shall be entitled to such paid holidays and leaves as are provided to employees in the Executive Management Group. Accordingly, Employee shall not be entitled to any additional salary or compensation for working on a holiday. O 1099333 July 15. 2009 O E. Employee shall be credited with eighty (80) hours of Administrative Leave as of July I of each year, beginning July I, 1999. Unused Administrative Leave balances shall be taken by the employee at the conclusion of his tenure as City Manager at the Employee's then current salary and benefits. F. Except as otherwise provided in this Agreement, Employee's seniority for the purposes of calculating accrual of leaves shall be as if he entered service on January 4, 1999 with ten (10) years of service. The maximum accrual of the leaves described in this section shall be an amount equal to one and one half (1.5) time the maximum accrual of leaves allowed for members of the Executive Management Group. 7. Automobile. Employee's duties require that he shall have the exclusive and unrestricted use of a vehicle at all times during his employment with the City. Therefore, Employee shall be provided with a City vehicle for his use and City shall be responsible for paying all liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said vehicle. Employee shall be allowed unrestricted personal and professional use of said vehicle, except for vacations, and shall reimburse the City for personal use outside of Riverside County at the mileage rate allowed by the Internal Revenue Service for mileage reimbursement. 8. Memberships. City agrees to pay Employee's membership dues in the International City Managers Association and Employee shall have a reasonable right to attend meetings of such Association and of the California League of Cities at City expense. O 9. General Expenses. City recognizes that certain extraordinary expenses of a non- personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted according to City's normal procedures or such other procedure as may be designated by the City Council and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. To be eligible for reimbursement, all expenses must be submitted by the last day of the month following the month in which they are incurred. 10. Other Terms and Conditions of Employment. The City may, from time to time, fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Temecula Municipal Code, or other applicable law. 11. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, including the Employment Agreement between the City and Employee dated as of December 15, 1998, 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. O 1099333 Jnly 15, 2009 5 B. If Employee dies or becomes incapacitated during the term of this O Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City first to Employee's spouse and, if Employee has no spouse, then to Employee's children. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. To the extent the terms of this Agreement provide for payments or actions beyond the term of the Agreement, then such terms shall survive the expiration of the term of the Agreement. O O 1099333 July 15; 2009 O IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA Maryann Edwards Mayor Attest: Susan Jones, MMC City Clerk Approved As to Form: O Peter M. Thorson City Attorney EMPLOYEE Shawn D. Nelson O 1099333 July 15. 2009 7 ITEM NO. 13 O ORDINANCE NO. 09-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA MUNICIPAL CODE The City Council of the City of Temecula, does ordain as follows: Section 1. Title 8, "Health and Safety," of the Temecula Municipal Code is hereby amended by the addition of a new Chapter 8.48, to read as follows: "CHAPTER 8.48 HERITAGE TREE ORDINANCE Article 1 General Provisions 8.48.100 Title 8.48.110 Purpose 8.48.120 Applicability O 8.48.130 Definitions 8.48.140 Heritage Tree Preservation and Protection Guidelines 8.48.150 Heritage Tree Preservation and Protection Plan 8.48.160 Designation of Heritage Trees 8.48.170 Non-Liability of City 8.48.100 Title This chapter shall be known as "The City of Temecula Heritage Tree Ordinance" and is referred to herein as the "Ordinance." 8.48.110 Purpose The purpose of this Ordinance is to protect and preserve Oak, California Bay Laurel, California Black Walnut, California Holly, and California Sycamore trees as well as other trees of special significance to the community; and to justify special efforts to preserve and protect them from development activity. This Ordinance will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within the City. The preservation program outlined in this Ordinance will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. O 8.48.120 Applicability O Except as noted under paragraph A of this Section, this Ordinance shall apply to: (a) any development application for parcels larger than five (5) acres in size that requires a discretionary permit; (b) any tree designated as a Heritage Tree through the nomination process, or; (c) designated species pursuant to Section 8.48.160.A., located within General Plan Open Space areas, within riparian areas, within Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage areas, or within Heritage Tree Grove areas. A. The Heritage Tree Ordinance shall not apply to: 1. Statutory extensions of time for previously approved parcel and tract maps when there are no changes to the project and no amendments to the adopted conditions of approval. 2. Previously adopted Specific Plans and future Specific Plan Areas. Such plans contain their own requirements for protection and preservation of Heritage Trees. 8.48.130 Definitions For purposes of this Ordinance, the following words and phrases shall have the meaning set forth in this Section. "Certified Arborist" means an arborist who is registered with the International O Society of Arboriculture and approved by the Planning Director. "City" means the City of Temecula. "Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning. "Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected zone of a tree, that causes the injury, death, or disfigurement of a Heritage Tree. "Discretionary Permit" means an application for new construction that requires the exercise of judgment or deliberation or decision on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disfigurement" means the unsightly and injurious cutting of a Heritage Tree, including, but not limited to tree-trimming practices not in conformance with standards established by the International Society of Arboriculture and pruning practices such as O R.10rds 20091Ords 09-01 2 O stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de- horning, lopping, and rounding. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a time of year when they would be present on a healthy tree of that type. "Development" means the improvement or use of real property that requires the City's discretionary review and approval. "Drip line" means the outermost edge of the tree canopy, which when depicted on a map, will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. "Encroachment" means any intrusion into or human activity within the protected zone of a Heritage Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Licensed Landscape Architect" shall mean an individual who holds a professional license to practice landscape architecture, as defined under Business and Professions Code section (BPC) 5615, or is licensed by the State of California Landscape Architects Technical Committee (the licensing and regulatory agency for the practice of landscape architecture in California). O "Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section 8.48.160 of this Ordinance. "Heritage Tree Grove" means a location confirmed by site visit or other empirical evidence that is known to contain multiple Heritage Trees. Such Heritage Tree Grove areas may occupy portions of one or more parcels, the location(s) of which shall be indicated on maps maintained by the Planning Department. "Heritage Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Planning Director pursuant to Section 8.48.140 of this Ordinance. "Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata). "Owner" means a legal owner of real property within the City of Temecula or any lessee of the owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. O R/Ords 2009/Ords 09-01 3 "Planning Director" means the City's Planning Director, or his or her designee. O "Protected zone" means the area extending horizontally outward from the trunk of a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less than fifteen (15) feet from the trunk. "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure in accordance with standards established by the International Society of Arboriculture. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action. "Right-of-Way" means any dedicated street right-of-way, or recorded easement for maintenance or utility purposes. "Routine maintenance" means actions needed for the continued good health of a Heritage Tree including, but not limited to, removal of deadwood, insect control spraying, and watering. "Special District" means an agency having a Board of Directors that is voted in by the public, such as a school district or water district. O "Tree Canopy" means the top layer or crown of mature trees. 1 8.48.140 Heritage Tree Preservation and Protection Guidelines The City shall formulate and publish "The City of Temecula Heritage Tree Preservation and Protection Guidelines." The Planning Commission shall have the authority to change, update, or revise the Guidelines as necessary in order to implement the provisions of this Ordinance. 8.48.150 Heritage Tree Preservation and Protection Plan Upon submittal of an application for a discretionary permit on parcels larger than five acres, the Applicant shall also submit a tree inventory as part of the required conceptual landscape plans which shall list and identify all trees located within the proposed project site. Such tree inventory shall identify all trees by their common and scientific names and location on the site. If Heritage Trees are identified on site, the Applicant shall adhere to the preservation standards contained in the Heritage Tree Preservation and Protection Guidelines, or may hire a certified arborist or a licensed landscape architect to prepare a Heritage Tree Preservation and Protection Plan for each potential Heritage Tree to protect them during grading and construction activities and for the life of the project. O R:/Ords 2009/Ords 09-01 4 O 8.48.160 Designation of Heritage Trees A. Designated Species. Any specimen of the following species that has been identified in a tree inventory in connection with the submittal of an application for a discretionary permit and has reached the required diameter is a Heritage Tree: 1. Oak Trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata) more than eighteen (18) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 2. Platanus racemosa, (California Sycamore) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 3. Umbellularia californica, (California Bay Laurel) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. O 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 6. Trees of the above listed species with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two (2) inches. B. Designated Areas. For purposes of this Ordinance, designated species pursuant to Section 8.48.160.A. and located within the following areas are determined to be Heritage Trees: 1. General Plan Land Use Map Open Space areas. 2. Riparian areas. 3. Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage areas. 4. Heritage Tree Grove areas identified by the City of Temecula and shown on_ exhibits maintained by the Planning Department. C. Designation of Heritage Trees Through Nomination. O R:/Ords 2009/Ords 09-01 5 1. Public initiated nominations. Upon the submission of a Heritage Tree O nomination application by any member of the public, the Planning Commission may, after holding a noticed public hearing, designate any tree, regardless of species or location, as a Heritage tree if the Owner of the subject tree supports the application and the Planning Commission determines the tree should be preserved and protected due to one or more of the following criteria: a. Rarity. The nominated tree is an unusual species in Temecula, California, or North America. b. Size. The nominated tree is of notable size, height, diameter, or canopy width compared to other trees of the same species. c. Age. The nominated tree is of significantly advanced known or estimated age for its species. d. Historical association. The nominated tree is related to a historic or cultural building, site, street, person or event. e. Ethnic appreciation. The nominated tree is of particular value to certain ethnic groups in the neighborhood or the City. f. Neighborhood appreciation. The nominated tree is supported by multiple indicators including but not limited to letters of support, petition, outdoor gatherings and celebrations adjacent O or related to the tree. g. Planting defines neighborhood character. The nominated tree defines or contributes to the neighborhood aesthetic. h. Profiled in a publication or other media. The nominated tree has received print, internet, and or video media coverage. i. High traffic area. The nominated tree has a high level of visibility and or a possible traffic calming effect. j. Low tree density. The nominated tree exists in a neighborhood with few trees. k. Extends between multiple properties. The nominated tree has a high level of visibility and provides benefits to two or more adjacent properties. 1. Accessible from public right-of-way. The nominated tree possesses high visibility and provides benefits to the general public. O R:/Ords 2009/Ords 09-01 6 0m. Important wildlife habitat. The nominated tree provides or potentially provides source of shelter and or food for wildlife. n. Interdependent group of trees. The nominated tree is part of a supercanopy and removal may have an adverse impact on adjacent trees. o. Erosion control. The nominated tree contributes to soil stability and prevents erosion. p. Wind or sound barrier. The nominated tree reduces wind speed or deflects wind, and or mitigates undesirable noise. q. Prominent landscape feature. The nominated tree is a striking and outstanding natural feature. r. Character defining form. The nominated tree is an example of good form for its particular species. s. Tree Condition. The condition of the nominated tree shall be a factor in determining its status for protection as a Heritage Tree. 2. City initiated nominations. The City, in exercising its police powers, may designate any tree in the City of Temecula as a Heritage Tree, regardless of o species or size. Any City initiated Heritage Tree nomination application shall be subject to the same noticed public hearing of the Planning Commission as detailed in section 8.48.160.C.1, except that there shall be no application fee and the Property Owner's consent shall not be required. The Property Owner shall be notified of the public hearing and will have the opportunity to speak in favor of or against the nomination. A City initiated Heritage Tree nomination application shall be approved only if the decision maker determines that: (i) the tree should be preserved and protected due to its age, size, rarity, location or appearance, or (ii) the tree is determined to be historically significant. A tree shall be deemed historically significant if any of the following findings can be made: a. The tree is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; past; b. The tree is associated with the lives of persons important in our c. The tree embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or d. The tree has yielded, or may be likely to yield, information important in prehistory or history. 0 R:/Ords 200910rds 09-01 7 D. The Planning Commission or City Council, may, when reviewing a O development application, designate any tree on the site of the proposed development, regardless of species, as a Heritage tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, location or appearance. Any Heritage Tree so designated shall continue to be a Heritage Tree for purposes of this Ordinance regardless of whether the approved development is ever initiated. E. Any tree planted as a replacement for a Heritage Tree pursuant to this Ordinance shall constitute a Heritage Tree. F. Any tree designated as a Heritage Tree shall cause the Applicant/Owner to record with the Riverside County Clerk and Recorder's Office a covenant and/or a Notice of Condition Affecting Real Property to protect the tree from future ground disturbing activities. G. If a tree is designated as a Heritage Tree under Section 8.48.160.C.2, the City shall pay the recordation fees. 8.48.170 Non-Liability of City Nothing in this Ordinance shall be construed to impose any liability for damages or a duty of care and maintenance upon the City or its officers, employees, agents, or volunteers. O Article 2 Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees 8.48.200 Heritage Tree Maintenance and Preservation 8.48.210 Permit Requirement and Exceptions 8.48.220 Permit Application and Review 8.48.230 Standards of Approval 8.48.200 Heritage Tree Maintenance and Preservation A. All owners of real property on which a Heritage Tree is located and that is improved, approved for development, or part of or associated with the approved development of another piece of property, including but not limited to property required to be maintained as permanent open space or for recreational purposes, shall maintain such Heritage Trees in a state of good health. Failure to do so will constitute a violation of this Ordinance. B. Recreational and resort uses may prune, cut, plant, encroach upon, or relocate Heritage Trees, and or modify irrigation systems in a manner consistent with O R:/Ords 2009/Ords 09-01 8 O the normal and accepted industry business practices to maintain the property in good condition to support its use, provided such activities are consistent with the Heritage Tree Preservation and Protection Guidelines. Heritage Trees may be removed from such uses after providing the City of Temecula 48 hours prior notice to allow the City an opportunity to evaluate the tree(s) in question. C. Damaging a Heritage Tree is prohibited. Each action that damages a Heritage Tree shall be a separate violation. 8.48.210 Permit Requirement and Exceptions A. Except as allowed under paragraph B of this Section, no person shall cut, remove, or relocate a Heritage Tree, or encroach into the protected zone of any Heritage Tree without first obtaining a Heritage Tree Removal or Relocation Permit from the City in accordance with the provisions of this Ordinance. B. A Heritage Tree may not be cut, removed, relocated, or encroached upon without a Heritage Tree Removal or Relocation Permit, except under the following circumstances: 1. Pruning and routine maintenance. 2. The tree has been determined by a licensed landscape architect to be irreparably diseased or dead. O 3. A peace officer, fireman, civil defense official, or code enforcement officer has determined in his or her official capacity that the tree poses an imminent danger to the public or to property, in which case the tree may be cut, removed, relocated, or encroached upon only to the extent necessary to avoid the danger presented. The Planning Department shall be promptly noticed of the nature of the emergency and action taken. 4. Fire Department personnel actively engaged in fighting a fire have determined that removal of the tree is necessary to their firefighting efforts. 5. The tree is less than ten (10) inches in diameter and is held for sale by a licensed nursery. 6. City staff has determined it is necessary to cut, remove, relocate, or encroach upon the tree to prepare a site or undertake an approved capital improvement project that has received environmental clearances under the California Environmental Quality Act. 7. The Director of Public Works or the City Traffic Engineer has directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public rights-of-way or adequate line-of-sight distances, and (ii) construct improvements within existing or proposed General Plan Circulation Element rights-of-way, adjacent slopes, and appurtenances. O RJOrds 2009/Ords 09-01 9 8. Cutting, removal, relocation, or encroachment is required to widen O a Principal Intersection to accommodate additional dedicated turning lanes in accordance with adopted goals, objectives and policies contained in the General Plan Circulation Element. 9. Cutting, removal, relocation, or encroachment occurs as part of construction or maintenance activities for facilities owned or operated by or for a public agency, special district, or a utility company under the jurisdiction of the public utilities commission. 10. Recreational and resort uses shall not be required to obtain permits for cutting, removal, relocation, or encroachment of or on Heritage Trees when such activities are necessary subject to Section 8.48.200 B. 8.48.220 Permit Application and Review A. An applicant for a Heritage Tree Removal or Relocation Permit shall submit an application on a form designated by the Planning Director and pay the appropriate filing fee as set by Council resolution. B. If an application for a Heritage Tree Removal or Relocation Permit pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall review the application and approve, deny, or conditionally approve the request. The Planning Director's decision may be appealed to the Planning Commission, which may O uphold, modify, or reverse the decision of the Planning Director. C. The Planning Commission shall review all applications for a Heritage Tree Removal or Relocation Permit not reviewed in the first instance by the Planning Director. The Planning Commission shall approve, deny, or conditionally approve the request. The Planning Commission's review shall be consolidated with its consideration of all other entitlement applications for the property, if any. D. All decisions of the Planning Commission pursuant to this Ordinance may be appealed to the City Council in accordance with Chapter 2.36 of the Temecula Municipal Code. 8.48.230 Standards of Approval A. An application for a Heritage Tree Removal or Relocation Permit may be approved only if the decision-maker finds and determines that the requested cutting, removal, relocation, or encroachment is necessary to: Tree; 1. Maintain or aid the health, balance, or structure of the Heritage 2. Protect life or property from a danger posed by the Heritage Tree that cannot be reduced or eliminated by use of reasonable preservation and/or preventative procedures and practices; or O RJOrds 200910rds 09-01 10 - O 3. Enable the reasonable and conforming use of the property, which is otherwise prevented by the presence of the tree. B. When deciding whether to approve, deny, or conditionally approve a Heritage Tree Removal or Relocation Permit, the decision maker may consider the following factors: 1. Whether a public purpose is being provided by the issuance of the permit or if the removal is primarily to facilitate private development; 2. The overall condition, species, approximate age, size and general health of the Heritage Tree(s) to be removed; 3. A certified arborist's or licensed landscape architect's report on the likelihood for survival of any Heritage Tree(s) to be relocated; 4. The species, size and number of replacement tree(s) being provided as mitigation, and 5. Other factors as appropriate, in accordance with a certified arborist's or licensed landscape architect's report. C. The decision maker may impose conditions to offset or mitigate the requested cutting, removal, relocation, or encroachment, including, but not limited to, O any of the following: 1. The relocation of the subject tree to another location on-site or off- site. 2. The on-site or off-site planting of one (1) replacement tree of the same or similar species, having the approximate size, age and health as the Heritage Trees for every one (1) Heritage Tree removed; 3. The on-site or off-site planting of two (2) 48-inch box trees of the same species as the removed Heritage Tree for every one (1) Heritage Tree removed when it is not feasible to meet the requirements of Section 8.48.230.C.2.; 4. The initiation of an objectively observable maintenance and care program in accordance with a certified arborist's or licensed landscape architect's report to insure the continued health and care of Heritage Trees on the property; 5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one (1) replacement tree for every one (1) Heritage Tree removed, which cost shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. O RJOrds 200910rds 09-01 Article 3 O Violations and Enforcement 8.48.300 Violations 8.48.310 Remedies 8.48.320 Restitution 8.48.330 Collection of Penalties 8.48.300 Violations A. Violations of this ordinance are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula Municipal Code. B. Intimidating, harassing, or otherwise - retaliating against any person who seeks to attain compliance with this Ordinance is prohibited. C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance is prohibited. D. A violation of this chapter is declared to be a public nuisance. 8.48.310 Remedies O A. The remedies provided by this Ordinance are cumulative and in addition to any other remedies available at law or in equity. The City may seek to remedy any violation of this Ordinance by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. B. If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of Certificates of Occupancy) until a Mitigation Plan has been prepared by a certified arborist or a licensed landscape architect, filed by the developer and approved by the Planning Director. C. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the Planning Director may: (1) issue a stop work order halting all activity on the parcel; or (2) request the City Council issue a temporary moratorium on development of the subject property pursuant to law if the violation is found to be the result of willful misconduct. The purpose of this stop of activity shall be to provide the City an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or O R:/Ords 200910rds 09-01 12 O pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. 8.48.320 Restitution A. In addition to any other remedy or penalty provided for by the Ordinance, the City may seek restitution from any person who damages, removes, or relocates a Heritage Tree in violation of this Ordinance in the form of replacement of the Heritage Tree so removed or damaged or a fine in lieu of restitution. The decision maker shall determine the form of restitution required. 1. If the decision maker determines that restitution should be made in the form of a replacement of the Heritage Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age and health as the tree(s) damaged or destroyed, at a ratio of two (2) new replacement trees for every one (1) damaged or destroyed tree. The location of such plantings shall be determined by the decision maker; 2. If the decision maker determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two (2) new replacement trees for every one (1) damaged or destroyed tree. The cost of the replacement trees shall be based on the actual O replacement cost for the damaged Heritage Tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Ordinance. B. If the size of a Heritage Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The decision maker shall presume that a missing Heritage Tree was in perfect health, unless the photographs or other verifiable evidence demonstrates otherwise. 8.48.330 Collection of Penalties A. Fines and payments in lieu of restitution for violation of this Ordinance are payable at the City's Finance/Cashier office. Fines must be paid within thirty (30) business days of the citation date. The City's Finance Department is authorized to collect all unpaid civil fines. B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this Ordinance shall constitute a special assessment against the real property upon which a violation of this Ordinance has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Planning Director shall cause a copy of the report and assessment to be served on the owner of the property not less O than five days prior to the time fixed for confirmation of the assessment. Service may R:/Ords 2009/Ords 09-01 13 be made by enclosing a copy of the report of assessment in a sealed envelope, postage O prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the County of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing. C. A copy of the report of assessment shall be posted in the City Clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the, report shall be submitted to the City Council. The City Council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the City Council, it shall be a lien on said property. The lien shall be turned over to the Riverside County Tax Collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes. Section 2. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 3. This Ordinance shall take effect and be in full force and effect thirty O (30) days from and after the date of its final passage and adoption. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law. O R:/Ords 2009/Ords 09-01 14 0 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 281h day of July, 2009. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) O 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. 09-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of July, 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 28th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 0 R1ords 209i0rds 09-01 15 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 14 O ACTION MINUTES of JULY 14, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:28 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 13 Action Minutes - Approved Staff Recommendation (3-0-2) - Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected approval with President Washington and Director Roberts abstaining. O RECOMMENDATION: 13.1 Approve the action minutes of June 23, 2009. CSD BUSINESS 14 Creating Community - The Community Services Department - received and filed. RECOMMENDATION: 14.1 Receive and file a video report on the programs and services provided by the Community Services Department. O Action Minutes CSD 071409 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:44 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 28, 2009, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: O Susan W. Jones, MMC O City Clerk/District Secretary [SEAL] O Action Minutes CSD 071409 2 ITEM NO. 15 O Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: July 28, 2009 SUBJECT: Children's Museum Exhibit Agreement PREPARED BY: Martin Betz, Cultural Arts Administrator RECOMMENDATION: That the Board of Directors: 1. Approve the agreement between Thinkwell Group, Inc. and the Temecula Community O Services District to design, fabricate, and install a new exhibit in the "Tot Room" area of Pennypickle's, Temecula Children's Museum in the amount of $125,000.00. 2. Approve a contingency not to exceed $12,500.00. BACKGROUND: On February 18; 2009 a Request for Proposal was issued inviting proposals from qualified firms to provide the City with museum exhibition design and installation services at Pennypickle's, Temecula Children's Museum. On May 12, 2009, a panel comprised of community leaders and staff interviewed six firms and selected the firm Thinkwell Group, Inc. in partnership with Mad Systems to design, fabricate, and install a new exhibit to replace the exhibit currently know as the "Tot Room". In the proposal phase, Thinkwell presented three possible creative.concepts. The best option will be chosen and developed in two creative work sessions. Thinkwell will create the design intent sketches and photo references. Mad Systems will approximate the design intent with materials that fit into the schedule and budget. Mad Systems will install the exhibit on site under the art direction of Thinkwell Group, Inc. Anticipated completion of the project is November 2009. The project will add an entirely new exhibit experience to the Museum. FISCAL IMPACT: The Children's Museum exhibition project is budgeted in the FY 2009/10 Capital Improvement Program. Adequate funds are budgeted for the agreement in the amount of $125,000.00 plus 10% contingency, making the total cost of design, fabrication, and installation $137,500.00. ATTACHMENTS: Agreement and Scope O O TEMECULA COMMUNITY SERVICES DISTRICT AGREEMENT FOR CONSULTANT SERVICES DESIGN, FABRICATION AND INSTALLATION OF CHILDREN'S MUSEUM EXHIBIT AREA THIS AGREEMENT is made and effective as of July 28, 2009 between the Temecula Community Services District ("District") and Thinkwell Group, 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 July 28, 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. Consultants shall perform the services and tasks described and setforth in Exhibit A, attached hereto and incorporated herein as though setforth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultants shall at all times faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement 4. INSPECTION. The design and fabrication shall be subject to inspection by O District and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the facilities of Consultant and any of its sub-contractors and/or sub-consultants. Consultant shall provide all reasonable assistance for the safety and convenience of inspectors. All inspections shall be performed in such manner as to not unduly delay the work or hinder the routine business activities of the Consultant and any of its sub- contractors. 5. PAYMENT. a. The District agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full. This amount shall not exceed One Hundred Twenty Five Thousand Dollars and No/100 Dollars ($125,000.00) 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The General Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Twelve Thousand Five Hundred Dollars and Noll 00 dollars ($12,500.00). Any additional work in excess of this amount shall be approved by the Board of Directors. O RASIRE REPORTS ET AL\Cultural Arts\Children's Museum e4bit area projectUemecula - Children _s Museum Exhibit Area Design Agreement.DOC 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 nondisputed fees. If the District disputes any of consultant's fees it shall give written notice to Consultant within 15 (fifteen) 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 District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 District 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 eventthis Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual services performed in accordance with this Agreement up to the time of termination. The District shall also pay the Consultant for all expenses incurred prior to the date of termination in accordance with the agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the material provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District 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 General Manager or his designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance or such further period as the General Manager may approve in writing. Consultant shall not be in default if the delay in completing the work is due to facts beyond the reasonable control of Consultant, including without limitation, natural disasters, severe weather conditions, fire, or strikes,. In the event that the Consultant fails to cure its default within such period of time, the District 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. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and! other such information required by District 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- RASIRE REPORTS ETAL\Cultural Arts\Children's Museum e4bit area project\Temecula - Children_s Museum Exhibit Area Design Agreement.DOC O fied and readily accessible. Consultant shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District 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 fora 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, computerfiles 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 District and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. Consultant agrees to defend, indemnify, protect and hold harmless the City and the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City and District, its officers, O agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City or District. 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. a. Minimum Scone 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 endorsementto 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. O RASIRE REPORTS 6r AL\Cultural Arts\Children's Museum ex~?bit area project\Temecula - Children s Museum Fxhibit Area Design Agreement.DOC (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim . and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, 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 District, its officers, officials, employees and volunteers are to be covered as insureds 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 District, 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 District, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to O the District, its officers, officials, employees or volunteers. RASIRE REPORTS ET AL\Cultural Arts\Cbildren's Museum ex4bit area project\Temecula - Children _s Museum Exhibit Area . Design Agreement.DOC O (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state that 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 Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements O effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District 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 District. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District 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, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, 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. O RASIRE REPORTS ET AUCultural Arts%Children's Museum e4bit area projectUemecula - Children s Museum Exhibit Area Design Agreement.DOC _ 13. RELEASE OF INFORMATION. O a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the CityAttomey, 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 District. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. b. Consultant shall promptly notify District 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 thereunder or with respect to any projector property located within the City. District 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 District and to provide District with the opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the right by District 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, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that O 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 District: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Consultant: Thinkwell Group, Inc. 695 South Glenwood Place Burbank, California 91506 15. 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 District. District recognizes and consents to Mad Systems serving as a subcontractor to Consultant for the work. Because of the personal nature of the services to be rendered pursuant to this Agreement, only, Mary Cluff, Courtney Kleinman, and Chris Durmack of Thinkwell Design and O: RASIRE REPORTS ET AL\Cultural Arts\Childrerr's Museum erbbit area project\Temecula- Children_s Museum Exhibit Area Design AgreemmtDOC O Production, Inc., and Meris Ensing, and Tricia Rodriguez of Mad Systems, acting as a sub- contractor shall perform the services described in this Agreement. Mary Cluff, Courtney Kleinman, and Chris Durmack of Thinkwell, and Meris Ensing and Tricia Rodriguez of Mad Systems, may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide District fourteen (14) days notice prior to the departure of Mary Cluff, Courtney Kleinman, or Chris Durmack of Consultant's employ or Meris Ensing or Tricia Rodriguez from sub-consultation. Should any of them leave Consultant's employ or sub-consultation, the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's 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 Board of Directors and the Consultant. Additionally, in the event of such termination, all provisions in Section 6 (b) shall be applicable as they pertain to costs associated with termination. 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 District and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. O 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. O RASIRE REPORT'S ET AL\Cultural Arts\Children's Museum elbit area project\Temecula - Children_s Museum Exhibit Area Design Agreement.DOC O IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the 28th day July, 2009. CONSULTANT TEMECULA COMMUNITY SERVICES DISTRICT By: Title: By:, (Signatures of two corporate officers required for Corporations) Chuck Washington, President Attest: Susan W. Jones, MMC, City Approved As to Form: Peter M. Thorson, City Attorney R:\SIRE REPORTS ET AL\Cultural Arts\Children's Museum e~bit area project\Temecula - Children_s Museum Exhibit Area Design Agreement.DOC O EXHIBIT A TASKS TO BE COMPLETED AND PAYMENT RATES AND SCHEDULE O O RASIRE REPORTS ET AUCultural Arts\Children's Museum e4bit area proj=ffemecula - Children_s Museum Exhibit Area Design Agreement.DOC - EXHIBIT "A" Scope of Work Exhibit Design and Installation Services for the Exhibit Space currently known as "The Play Room" Project Title: Imagination Workshop Children's Museum Date: July 1, 2009 Client: City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Herman D. Parker Scope of Work and Payment Schedule Thinkwell Design & Production and Mad Systems will be responsible for the design, fabrication and installation of the exhibit area currently known as "The Play Room" based on the creative ideas included with Thinkwell's proposal for this project dated April 15, 2009. Phase 1 1. Thinkwell will host Creative Work Session Number 1 and Creative Work Session Number 2 (two to three hours each) with key members of the Thinkwell and Mad Systems teams as well as key stakeholders of the Imagination Workshop Children's Museum. During these meetings the creative concepts presented during the proposal phase of this project will be reviewed with key stake holders of the project and the best option for the creative direction of the exhibit will be determined. 2. At the end of Phase 1 the Director of Community Services will be contacted to provide acceptance and approval of the favored concept. Thinkwell and Mad Systems will provide: Creative Session Number 1 Written notes from creative session Number 1 Sketches and drawings from Session Number 1 Creative Session Number 2 Written notes from Creative Session Number 2 Sketches and drawings from Session Number 2 Professional Fees: $2,500 Funds for Initiation of Procurement of Materials for Fabrication: $20,000 These funds will allow for the timely and economic purchase of materials required for the fabrication of the actual components of the museum exhibit. Phase 1 Total: $22,500 O Q EXHIBIT "A (cont)" O Phase 2 1. Thinkwell will create guest experience vignettes of the preferred concept. 2. Think-well and Mad Systems will develop a project schedule reflecting key milestone dates that need to be met in order to successfully complete the project by the agreed upon date. 3. Thinkwell will create Design Intent Sketches and assemble photo references necessary to convey intent to Mad Systems for fabrication. Mad Systems will approximate the design intent as closely as possible with materials that fit within the schedule and budget, or propose alternatives. Mad Systems will work with Thinkwell to get as close as is reasonably possible to the concept drawings within the available budget. 4. Mad Systems will provide Show Element Design Development 5. Mad Systems will provide Engineering Design Development Documents 6. Mad Systems will provide Infrastructure Design Development Documents 7. Thinkwell and Mad Systems will provide Design Development Approvals 8. Thinkwell and Mad Systems will work with Community Services to acquire the necessary Building and Safety Permits (no fees). Thinkwell and Mad Systems will provide: Guest experience vignettes Project Schedule Design Intent Sketches Show Element Design Development Documents Engineering Design Development Documents Infrastructure Design Development Documents Design Development Approvals Professional Fees: $ 8,000 Funds for Procurement of Materials for Fabrication: $25,000 O Phase 2Totah $33,000 Phase 3 1. Thinkwell will meet with Mad Systems regularly to provide art direction d uring fabrication. 2. Mad Systems will fabricate the elements of the exhibit as designed by Thinkwell reaching 301/o fabrication. , Thinkwell and Mad Systems will provide: Show Element Construction Documents Engineering Construction Documents Infrastructure Design Development Construction Documentation Approvals Professional Fees: $ 8,000 Funds for Procurement of Materials for Fabrication: $25,000 Phase 3 Total: $33,000 O EXHIBIT "A (cont)" Phase 4 1. Thinkwell will meet with Mad Systems regularly to provide art direction during fabrication. 2_ Mad Systems will fabricate the elements of the exhibit as designed by Thinkwell, reaching 60% fabrication. Thinkwell and Mad Systems will provide: Show Element Fabrication Procurement Show Element Final Approval Shipping to Site Professional Fees: Shipping: Phase 5 $ 6,000 $ 5,000 Phase 4 Total: $11,000 1. Thinkwell and Mad Systems will work with Community Services to acquire the necessary Building and Safety Permits (no fees). 2. Thinkwell will meet with Mad Systems regularly to provide art direction during fabrication. 3. Mad Systems will fabricate the elements of the exhibit as designed by Thinkwell, reaching 100% fabrication. 4. Mad Systems will begin site prep and installation with art direction from Thinkwell. 5. Mad Systems will provide a maintenance manual including all relevant part numbers. Thinkwell and Mad Systems will provide: Facility Demo Facility Structural Remodel Facility Electrical Remodel Exhibit Element Installation Electronic Equipment Installation AV Equipment Installation Exhibit Element Commissioning AV Commissioning Lighting Commissioning Exhibit Element Programming AN Programming Lighting Programming Phase 6 Professional Fees: $23,000 Phase 5 Total: $23,000 1. Mad Systems will install the exhibit at the Imagination Workshop Children's Museum with the in field art direction of Thinkwell. Thinkwell and Mad Systems will provide: Soft Opening/Test Shows Grand Opening Professional Fees: $2,500 Phase 6 Total: $2,500 Thinkwell has prepared this document according the preliminary schedules and estimates. We understand that the total budget is $125,000 and Thinkwell and Mad Systems are committed to completing the project with the allotted funds. EXHIBIT "A (cont)" O Assumptions • In addition to participating in key deliverables outlined above, we anticipate your team (as appropriate) will review and give critical feedback over the course of this scope. Interim review of work efforts will be scheduled regularly to insure the client and other team members have input through every step of the process to discuss options and alternatives. Prompt feedback will be required to ensure timely completion of the project. • During the creative process, Thinkwell's artists will create an unquantifiable number of sketches leading up to the final art deliverables listed in this proposal. • We anticipate that this project will be completed within 5-6 months from the execution of the contract. Thinkwell and MAD Systems will work diligently to complete the work in as timely a manner as possible. Guarantee Mad Systems installations are guaranteed for twelve months from the date of acceptance by the City of Temecula; however, this does not include maintenance or the cost of normal consumables such as lamps, or oil for any scent generators. It also excludes clear cases of vandalism or neglect, or results of lack of maintenance or operation/use outside of acceptable equipment limits including excessive temperatures or humidity. Payment Schedule Invoices will be submitted monthly for Phases 1 through 6 between the first and fifteenth day of the month at the completion of each Phase. O Production and Payment Schedules will be finalized once contracting is completed. O TCSD DEPARTMENTAL REPORT ITEM NO. 1 6 O 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: July 28, 2009 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Plan Check phase of the Redhawk Parks Improvement project is complete and nearing completion of the construction documents. Staff anticipates we will be out to bid in the next 30 days. Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. O The Temecula Community Center expansion project has begun construction. The Escallier House and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion project, and construction will begin late summer. The project will construct a 3,653 square foot addition to the Temecula Community Center and includes offices, meeting rooms and restroom facilities. The project will also refurbish the Escallier House and Barn. The Old Town Gymnasium project is in the design phase. A sub-committee meeting was held on June 9, 2009 to review the conceptual design. Staff recently met with the architect to discuss some of the design aspects and concerns. Construction of the Murrieta Creek Trail Project is complete. This project consists of asphalt and DG paths and walkways, tables and benches, trees, shrubs and ground cover. The project is complete and open to the public. The Community Services Department planned, programmed and implemented the 4th of July Parade, which drew a crowd of approximately 10,000 to Old Town on the morning of the parade, followed by the 4th of July Extravaganza and Fireworks Show at Ronald Reagan Sports Park the afternoon and evening of the 4th of July. We anticipate we had approximately 15,000 in attendance at that event. Also, the annual FAM program is underway and attendance at these activities has increased significantly from last year. In addition, the Recreation Division is currently operating the annual Summer Day Camp program, Learn to Swim programs, Stay and Play program, and many other contract camps, classes and activities. The Cultural Arts Division's annual Summer Sunsets Film and Concert Series is currently underway. This is an eight week,program consisting of free weekly concerts and movies in the park, clowns, O games and activities. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the upcoming 2009 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. The Cultural Arts Division is responsible for the day-to-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's O Museum. The Community Services Department continues to participate in the development review of projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division played an integral role in the Citywide special events held this month including the 4th of July parade, the 4th of July extravaganza at the Ronald Reagan Sports Park, the Summer Concert Series, the Aglow in the Park event and the Moonlight Movies in the Park Series. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities, and assist in all aspects of City-wide special events. O O REDEVELOPMENT AGENCY ITEM NO. 17 O ACTION MINUTES of JULY 14, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:44 P.M. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 15 Action Minutes - Approved Staff Recommendation (3-0-2) -Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero; and O electronic vote reflected approval with President Washington and Agency Member Roberts abstaining. RECOMMENDATION: 15.1 Approve the action minutes of June 23, 2009. O Action Minutes RDA 071409 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:46 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 28, 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: O Susan W. Jones, MMC City Clerk/Agency Secretary O [SEAL] O Action Minutes RDA 071409 RDA DEPARTMENTAL REPORT ITEM NO. 18 O Approvals City Attorney Director of Finance City Manager TEM ECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: July 28, 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 O 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 6 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. 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. O The following facade improvements are in process or recently completed: • Butterfield Square - Paint exterior and replace exterior wood paneling • Emporium Center - Fagade Renovation O • Temecula Stage Stop - Outdoor canopy renovation • The Bank - New business sign • 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 may exhaust the Fagade Improvement Program budget for this Fiscal Year. Staff will advise all subsequent applicants that they will be placed on a waiting list and will be processed subject to availability of funds. HOUSING Housing 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 O 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. The applicant has met with adjacent property owners and has worked diligently with City staff on various site-planning issues. The Executive Director granted a three-month extension to the Exclusive Negotiating Agreement on January 28, 2009 which expires June 9, 2009. The applicant filed the development plan application on February 5, 2009 and has submitted their development pro forma on schedule per the ENA. Due to ongoing work on the project, RC Hobbs has requested to take advantage of a provision in the ENA and has asked to extend the ENA period for and addition three (3) months. That extension was granted by the Executive Director and the ENA no expires on September 9, 2009. On June 23, 2009 the Agency Board approved an ENA with Clearwater Development as well as an amendment to the Hobbs ENA to split the property into two separate parcels; an approximately 20 acre parcel for the water park and an approximately 10 acre parcel for the development of Montecito Apartments. Clearwater Development has submitted their appraisal for the 20 acre parcel for and the Agency is currently reviewing that document. O Temecula Lane - On January 13, 2009 the City Council adopted a resolution to accept 11 residential units within the Temecula Lane development. The resolution called for the initiation of the process of conveyance of these 11 units to a suitable affordable housing partner. On O January 16, 2009 the Agency issued a Request for Proposal (RFP) to solicit a potential affordable housing partner to take ownership of the 11 units within the Temecula Lane development. The deadline for the RFP submittals is February 12, 2009. The Agency interviewed 6 potential affordable housing partners and made a recommendation to the Council at closed session on April 14, 2009. On May 26 the City Council approved the Purchase and Sale Agreement and Escrow Instructions for the Sale of the 11 Units at Temecula Lane to JHC Acquisitions, an affiliate of Jamboree Housing Corporation. On June 19, 2009 the Agency closed a three party escrow between DR Horton, Jamboree Housing, and the Agency. The Agency received the $200,000 dollar sales price and Jamboree Housing has taken title to the 11 units and is currently in the lease-up phase. 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. Payments and interest are deferred for the first 5 years and then fully amortized in years 6 through 30. Staff continues to receive daily calls of interest in the program and the Agency closed escrow on five purchases totaling $170,794 during Fiscal Year 2008/2009. An article published in the Californian on July 5, 2009 has generated tremendous interest in the program. The budget for Fiscal Year 2009/2010 is approximately $1.67 Million, which can assist between 26 and 42 households. 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 O 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 low" income designation for 55 years. Residential Improvement Programs - The program budget for FY 2009/2010 is $200,000.00. One new request was received in July, 2009. The Redevelopment Agency is currently processing 20 loan applications. The program budget for FY 2008/2009 was $200,000 with $105,000 of funded improvements completed. The amount available to each participant of the loan program is $7,500. Senior citizens within the income limits set by HUD are eligible for a grant of $3,000. O ITEM NO. 19 ACTION MINUTES O of MAY 12, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY The Temecula Public Financing Authority convened at 7:38 P.M. CALL TO ORDER: Chair Person Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Washington, Edwards TPFA PUBLIC COMMENTS There were no public comments. TPFA CONSENT CALENDAR 25.1 Minutes -Approved Staff Recommendation (5-0-0) -Agency Member Washington made the motion; it was seconded by Agency Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: O 25.1 Approve the minutes of July 22, 2008. 26.1 Consideration of the adoption of an Amended and Restated Acauisition Aqreement enabling the City of Temecula to construct certain Public Improvements for Roripaugh Ranch. includina Butterfield Staae Road and Murrieta Hot Sorinas Road, with proceeds of the Community Facilities District No. 03-02 (Roripaugh Ranch) Bonds -Approved Staff Recommendation (5-0-0) - Agency Member Washington made the motion; it was seconded by Agency Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 26.1 Adopt a resolution entitled: O RESOLUTION NO. TPFA 09-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC O FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AMENDED AND RESTATED ACQUISITION AGREEMENT BY AND BETWEEN THE TEMECULA PUBLIC FINANCING AUTHORITY AND ASHBY USA, LLC" DATED AS OF MAY 12, 2009 RELATING TO COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) ADJOURNMENT O O ITEM NO. 20 O Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 28, 2009 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: O 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on July 24, 2003, in the amount of $12,155,000, and on July 26, 2005, in the amount of $6,000,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The maximum special tax levy required for fiscal year 2009-10, as calculated by the City's special tax consultant, is $1,118,599.24, which includes both the original issue and the second issue. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Final Budget for Fiscal Year 2009/10." O FISCAL IMPACT: fiscal year is $1,118,599.24. The calculated maximum special tax levy required for the 2009/10 ATTACHMENTS: Resolution No. TPFA 09- O Final Budget for Fiscal Year 2009/10 O O O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. O Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $1,118,599.24 on the taxable parcels located in the CFD for Fiscal Year 2009-10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. O Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of July, 2009. Maryann Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 09- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of July, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary O City of Temecula Community Facilities District No. 03-1A Final Budget for Fiscal Year 2009110 Category/Item FY 2009110 FY 2008109 Increase / (Decrease) Principal and Interest Pnnopal $275,000.00 $265,000.00 $10,000.00 Interest 809,045 02 819,710.02 (10,665.00) Subtotal: $1,084,046.02 $1,004,710.02 $(666.00) Admin. Expanses Agency administrative costs $18,000.00 $18,000.00 $000 Trustee/Paying Agent costs 5,400.00 5,200.00 20D.00 County collection fees (1) 361.80 310.44 51.36 Arbitrage celcula8on costs 2,500.00 500.0D 2,000.00 Conning disclosure costs 1,352.64 1,352.64 0.00 Administration costs 6,784.55 6,245.00 539.55 Administration expenses 160.00 310.00 (150.00) Other costs 0.00 0.00 0.00 Subtotal: $34,558.99 $31,918.08 $2,640A1 Miscellaneous OM charges - district-wide $0.00 $1,332.04 ($1,33204) DM Charges Changed Accounts 0 00 000 000 Reserve Fund credit 0.00 0 DO 0.00 Special Tax Fund Credit 000 0.DO 0.00 Installment mending (477) (174) (1.03) Subtotal: $44.77) $1,328.30 $(1,333.07) Grand Total: $1,118,599.24 ` $1,117,956.40 Total Accounts: 804 804 The Grand Total may, be reduced by county collection fees shown above 8 the county retains such lees from me apportionment of funds. Footnotes: (1) Equal to $0.45 cents per parcel. $642.84 0 O O O Copyright ®19992008 NBS 6/2212009 2:45:41PM ITEM NO. 21 O Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 28, 2009 :SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: O 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On December 11, 2001, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue variable rate special tax bonds on August 28, 2002, in the amount of $17,310,000. Proceeds of the bonds in the amount of $11,025,000 were used to pay the redemption price of the 1998 Winchester Hills bonds and to establish an escrow fund to pay the sinking fund payments. Additional proceeds were used to finance various public improvements specified in the CFD proceedings. On July 11, 2006, the Authority adopted a resolution authorizing the issuance of special tax refunding bonds. These bonds were issued on September 1, 2006 in the amount of $17,545,000 and were used to refund the special variable rate tax bonds issued on August 28, 2002. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. O The special tax levy, as calculated by the City's special tax consultant, required for the 2009/10 fiscal year is $1,347,715.88, which is the sum of CFD 01-2 A & B (as noted in exhibits). This levy of special tax will fund the debt service payments and administrative costs which are detailed in the O attached schedule entitled "Final Budget for Fiscal Year 2009/10." FISCAL IMPACT: The calculated special tax levy required for the 2009/10 fiscal year is $1,347,715.88 ATTACHMENTS: Resolution No. TPFA 09- Final Budgets for Fiscal Year 2009/10 O O O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-2 (Harveston) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act'). Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and O Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $1,347,715.88 on the taxable parcels located in the CFD for Fiscal Year 2009-10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. O Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of July, 2009. n Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 09- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of July, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary O City of Temecula Community Facilities District No. 01-2 A Final Budget for Fiscal Year 2009/10 Category/item FY 2009110 FY 2008/09 Principal and Nl reef Increase/(Decrease) Principal $340 000 00 Interest , . $325,000.00 $15 000 00 740,693.76 753 693 76 , . Subtotal: , . (13,000.00) Admin. Expenses $1,DS0,693.76 $1,0]8,693.76 $2,000.00 Administration costs $32 500 00 TrusteeJPaying Agent costs , . $25,0.0 $7,5D0.00 330g_00 3,3G300.0o 0 County collection fees (i) 630 90 0.00 Arbitrage calculation costs . 539.37 91.53 Continuing disclosure cosh 0.00 0.00 000 1,852.64 1352.64 Agency administrative costs 7 408 88 500. 00 Administration expenses , . ],285.00 123.99 180.00 36D 00 Other costs 0.00 . (180.00) Subtotah 35341 (353A7) Miscellaneous $15,872.63 $38.190.42 f7,682A1 DM charges - district-mde $0 00 Manual adjustments . 5694.36 ($894.36) 0.00 (353.41) Reserve for Delinquencies 0 00 353.41 Installment mantling . 20.000.00 (20,000.00) (4.35) (4.33) Subtotal: (0.02) $(4.35) $20,636.62 $(20,640.97) Grand Total: $1,126 561 94 , . $1,137,420.80 $(10,868.86) Total Accounts: The Grand Total Trey be reduced by county collection f 1,402 h 1,383 19 ees s own above 9 the county retains such fees bom the apportionment of funds. Footnotes: (1) Equal to $0,45 cents per parcel. Copyright819W2008 NBS 6122/2009 2:10:01PM O O O City of Temecula O Community Facilities District No. 01-2 B Final Budget for Fiscal Year 2009/10 Category/item FY 2009110 FY 2008/09 Increase I (Decrease) Maintenance Park Maintenance $217.97128 $207,989.11 $9,982.17 Subtotal: $217,971.28 $207,989.11 $9,982.17 Admin. Expenses Agency administrative costs $2,500.00 $9,500.00 ($7,000.00) County collection fees (1) 663.10 582.66 100.44 Subtotal: $3,181.10 $10,082.66 $(6,899.56) Miscellaneous DM charges - district-wile $0.00 $878.94 ($878.94) DM Charges - Changed Accounts 0.00 15.42 (15.42) Manual adjustments 0.00 0.00 0.00 Installment rounding (0.44) (0.47) 0.03 Subtotal: $(0.44) $893.89 $(894.31) Grand Total: $221,153.94 $218,965.66 $2,188.28 Total Accounts: 1,499 1,499 0 The Grand Total may be reduced by county collection fees shown above it the county retains such fees from the appomonmenl of funds. Footnotes: (1) Equal to $045 cents per parcel. O O - - _ Copyright ®19932008 NBS 612212009 2:21:17PM ITEM NO. 22 O Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT O TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 28, 2009 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston ll) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On October 22, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue special tax bonds on August 26, 2004, in the amount of $4,845,000. The proceeds of the bonds were used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy for fiscal year 2009/10, as calculated by the City's special tax consultant, is $364,571.24. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Final Budget for Fiscal Year 2009/10." O FISCAL IMPACT: The calculated special tax levy required for the 2009/10 fiscal year is $364,571.24. ATTACHMENTS: Resolution No. TPFA 09- O Final Budget for Fiscal Year 2009/10 O O O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-6 (Harveston II) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act'). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and O Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $364,571.24 on the taxable parcels located in the CFD for Fiscal Year 2009/10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. O Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6 (Harveston ll)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of July, 2009. Maryann Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 09- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of July, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary O City of Temecula Community Facilities District No. 03-06 Final Budget for Fiscal Year 2009110 Category/Item FY 2009110 FY 2008!09 Increase I (Decrease) Principal and Interest Principal $95,000.00 $90,00D.00 $5,000.00 Interest 240,26250 243,322.50 (3,060.00) Subtotal: $335,262.50 5333,32250 $1,940.00 Admin. Expenses Agency administrative costs $75,000.00 $15,000.00 $0.00 TrusteelPaying Agent costs 3,600.00 3,700.00 (100.00) County collection fees (1) 495.00 421.20 73.80 Arbtbage calculation costs 2,50000 000 2,500.00 Continuing disclosure costs 1,352.64 l .35Z64 0.00 Administration costs 6,22233 5,725.00 497.33 Admlrustmtion expenses 150.00 280.00 (130.00) COW costs 0.00 0.00 0.00 Subtotal: $29,319.97 $26,478.84 $2,941.13 Mlscellanaxws DM charges - district-wide 50.00 $755.58 ($755.58) DM Charges - Changed Accounts 0,00 15 42 (15.42) Reserve for Delinquencies 000 30,000.00 (30,000.00) Reserve Fund credit 000 0.00 0.00 Special Tax Fund Credit 0.00 0.00 0.00 Installment rounding (11.23) (7.58) (3.65) Subtotal: $(1123) $30,763,42 5(30,774.66) Grand Total: $364,571.24 $390,564.76 $(25,993.52) 19 Total Accounts: 1,100 1,081 The Grand Total may be reduced by county collection fees sho vn above 8 the county retains such fees from the apportionn ent of funds. Footnotes: (1) Equal to 50.45 per parcel. O O O Copyright ®1999-20D8 PISS 6/22/2009 3:14:03PM ITEM NO. 23 Approvals O City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 28, 2009 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) BACKGROUND: The Temecula Public Financing Authority was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On August 24, 2004, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on April 13, 2006, in the amount of $51,250,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority, secured solely by the special taxes levied in the District and a letter of credit provided by the Developer. The maximum special tax levy required for fiscal year 2009/10, as calculated by the City's special tax consultant, is $3,573,078.16. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Final Budget for Fiscal Year 2009/10." O FISCAL IMPACT: fiscal year is $3,573,078.16. The calculated maximum special tax levy required for the 2009/10 ATTACHMENTS: Resolution No. TPFA 09- O Final Budget for Fiscal Year 2009/10 O O O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-2 (Roripaugh Ranch) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act'). Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and O Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $3,573,078.16 on the taxable parcels located in the CFD for Fiscal Year 2009/10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 05-1 and Ordinance No. TPFA 05-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. O Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2 (Roripaugh Ranch)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of July, 2009. Maryann Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 09- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of July, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary O City of Temecula Community Facilities District No. 03-02 Final Budget for Fiscal Year 2009110 Category/Itern FY 2009110 FY 2008/09 Increase I (Decrease) Principal and Interest Principal $865.000.00 $830,000.00 $35,000.00 Interest 2,635,500.00 2,671005.00 (36,105.00) Subtotal: $3,500,500.00 $3,501,606.00 3(1,106.00) Admin. Expenses Agency administrative costs $60,000,00 $60,000.00 $0.00 TmstealPaying Agent costs 1,85000 1,85000 0.00 County collection fees (1) 144.00 124.02 1998 Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure costs 1,352 61 1,352.64 000 Administration costs 9,018.43 8,325 00 693.43 Administration expenses 215.00 415.00 (200,00) Other costs 0.00 0.00 0.00 Subtotal: $72,580.07 $72,066.66 $513.41 Miscellaneous DM charges - district-wide $0.00 $0.00 $0.00 Reserve for Delinquenaes 0.00 0,00 000 Reserve Fund credit 0.00 000 0.00 Special Tax Fund Credit 0.00 000 0.00 Installment rounding (191) (116) (0.75) Subtotal: $(1.91) $(1.16) $(0.76) Grand Total: $3,571,078.16 $3,573,670.50 Total Accounts: 320 318 The Grand Total may be reduced by county, collection fees shown above d the county retains such fees from the apportionment of funds. Footnotes: (1) Equal to $0.45 per parcel. $(592.34) 2 O O O Copyright ©1999-2008 NBS 61222009 3:54:31PM ITEM NO. 24 O Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 28, 2009 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: O 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority(the"Authonty')wascreated pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22, 2003, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District) and, thereafter, approved the necessary actions to issue special tax bonds on December 18, 2003, in the amount of $30,990,000. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds are being used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's special tax consultant, required for the 2009110 fiscal year is $2,213,386.12. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Final Budget for Fiscal Year 2009/10." O FISCAL IMPACT $2,213,386.12. The calculated special tax levy required for the 2009/10 fiscal year is ATTACHMENTS: Resolution No. TPFA 09- O Final Budget for Fiscal Year 2009/10 O O O RESOLUTION NO. TPFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act'). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and O Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $2,213,386.12 on the taxable parcels located in the CFD for Fiscal Year 2009-10 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. O Section 7. The Auditor-Controller of the County is hereby directed to enter the O installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. O O O PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of July, 2009. Maryann Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss O CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 09- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of July, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary O City of Temecula Community Facilities District No. 03-03 O Final Budget for Fiscal Year 2009/10 Categorylitem FY 2009110 FY 2008109 Increase I (Decrease) Principal and Interest Prncipal $580,000.00 5560,000.00 $20,000.00 Interest 1,590,495.00 1,610.095 00 (19 600.00) Subtotal $2,170,495.00 $2,170,095.00 $400.D0 Ad-in. Expenses Agency administrable costs $30,OW.00 $30,000.00 $0.00 Special Tax B 0.00 0.00 0.00 Tr vAWPaying Agent costs 4.400.00 5,300.00 (900.00) County Tax Clecton Fee (1) 766.15 665.73 102.42 Arbitrage cacuiations costs 0.00 2,500.00 (2,500.00) Continuing disclosure mats 1,352.64 1,352.64 0.00 Administration costs 6,222.33 5,725.00 497.33 Administrator, expenses 150.00 285.00 (135.00) Other costs 0.00 0.00 0.00 Subtotal: $42,893.12 $45.828.37 $(2,936.26) Miscellaneous Reserve Fund credit $0.00 $0.00 $0.00 Reserve Fund aedit 0.00 0.00 0.00 Reserve for Delinquencies 0.00 35,000.00 (35,000.00) DM charges - district-wide 0.00 2,205.06 (2,205.06) Manual adjusunenb 0.00 0.00 0.00 Special Tax Fund Credit 0.00 0.00 0.00 O Installment rounding (2.00) (2.09) 0.09 Subtotal: $(2.00) $37,202.97 $(37,2".97) Gnand Total: $2,213,386.12 $2,253,126.34 $(39,740.22) Total Accounts: 1,707 1,707 0 The Grand Total may be reduced by county, collection fees slxmn above if the county retains such fees Ir m the apportionment of funds. Footnotes: (1) Equal to $0.45 per parcel. O Copyrl9M®1999-2006 NBS'-- 6/22/2009 13PM 4t26: ITEM NO. 25 O Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: July 28, 2009 SUBJECT: Parades and Special Events on Public Property Ordinance PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council: 1. Hear a report from the City Attorney on the draft Parades and Special Events on Public. O Property ordinance, receive public comments and provide comments or proposed changes to the City Attorney on the draft ordinance. 2. Take no action on the draft ordinance at this time, but direct the Staff to set the public hearing for August 11, 2009 to formally consider the Parade and Special Events Ordinance. BACKGROUND: Protection of Free Speech Rights The first section of the proposed Parade and Special Events Ordinance states: "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 O 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 O 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." This first section of the proposed Parade and Special Events Ordinance provides for the peoples' right to engage in free speech expressive activities on public sidewalks, parks and streets. Under the proposed ordinance, people may gather to engage in free speech expressive activities on sidewalks and parks on any day and at any time, without a permit and without being subject to any City fees or charges, subject to other applicable laws and regulations. O Under the proposed ordinance, people need a Special Event Permit to engage in expressive activities on a street, but will not be required to pay an application fee, provide insurance or indemnification, or pay City costs to accommodate the event. This is because of the obvious safety problems that will arise if pedestrians are on a public street. The ordinance provides very detailed grounds for the City Manager to approve or deny a Special Events permit for expressive activities in the street in Section 12.12.060. Why Does the City Need this Ordinance? In the 2008 case of Long Beach Area Peace Network v. City of Long Beach, the federal Ninth Circuit Court of Appeals ruled that cities must have very specific ordinances regulating parades and special events on public property. The Court stated that an explicit ordinance clearly specifying the grounds for approval and denial of a parade permit is required to protect the First Amendment free speech rights of persons and prevent the granting the person issuing the permit "unbridled discretion" to issue the permit. The City of Temecula has handled parades and special events under the Municipal Code provision for Temporary Use Permits and public right of way encroachment permits. This process has worked well because the City Staff has worked closely and cooperatively with event organizers to carefully plan for the events and coordinate necessary City services to insure a successful event. Additionally, the City Staff is aware of the numerous constitutional requirements for approval of parade permits and has included those requirements in its process. O As good as the City's parade permit process has been, the Long Beach case now requires that a new and very detailed ordinance be adopted to govern the issuance of parade and special event O permits. The proposed ordinance is very close to the Long Beach ordinance approved by the Court. We have changed those provisions of the Long Beach ordinance that concerned the court in order to comply with court mandates. Also, as discussed above, the proposed ordinance in the first section 12.12.010 provides significantly greater protections for free speech expressive activities than required by the court. Other Events Require a Special Events Permit Special events, other than the free speech expressive activities described in Section 12.12.010 on sidewalks and parks, require the event organizer to obtain a Special Events permit. Generally, these include any event in a street and an event of 75 or more persons on other public property. (Special Events are defined in Section 12.12.020.1.) The number of persons was set at 75 because this is the number of persons Staff believes can reasonably be handled at City parks and facilities without any special accommodations. Again, this limit does not apply to free speech expressive activities on sidewalks and parks. Special events include activities such as 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. The ordinance carefully defines these terms "Special Event" in Section 12.12.020. O Conditions of Approval of Special Event Permits The proposed ordinance specifically grants the City Manager authority to impose conditions of approval on the Special Events permit. Sixteen specific conditions are listed that are generally summarized as follows- 1 . The costs to the City to provide for the Special Event, such as the costs of traffic control devices, police and fire service, except that free speech expressive activities on a street are not subject to this requirement; 2. Maintain continued access to fire and police emergency services; 3. Clean-up plans; 4. Accommodation of conflicts between special event and affected businesses; 5. Approval of sales of alcohol and the control of alcohol sales and services; 6. Traffic control plans to accommodate vehicle and pedestrian traffic; and 7. Insurance and indemnification of the City entities, except that free speech expressive activities on a street are not subject to this requirement. As stated earlier, if a person applies for a Special Event permit for expressive activities in the street, applicant will not be required to: (1) Pay an application fee, (2) provide insurance and indemnification for the Special Event, or (3) pay departmental charges for the City's costs of O accommodating the Special Event. Also, the special event permit is not required for expressive activities on sidewalks and parks. Grounds for Denial of Special Event Permit Under the proposed ordinance, the City Manager may deny a Special Event permit only if he finds O that one or more of the 15 specific grounds specified in Section 12.12.060 exist. The most significant of the 15 specific grounds for denial include following: 1. The permitted event or activity will unreasonably disrupt traffic within the City, 2. The location of the event or activity will cause undue hardship to adjacent businesses or residents, 3. 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; 4. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant, 5. 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; 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 (630) P.M., O Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or The proposed event would present an unreasonable danger to the health or safety of the applicant, spectators, City employees, or members of the public. As stated earlier, if a person applies for a Special Event permit for expressive activities in the street, applicant will not be required to: (1) pay an application fee, (2) provide insurance and indemnification for the Special Event; or (3) pay departmental charges for the City's costs of accommodating the Special Event. Also, the special event permit is not required for expressive activities on sidewalks and parks. City Sponsored Events. The City is a co-sponsor of many events that take place on City streets such as the Rod Run, or the Susan G. Koman Race for the Cure. Under the proposed ordinance the City Council could decide to continue to be a co-sponsor of special events on public streets, sidewalks and parks. The terms of the City's co-sponsorship would be determined by a sponsorship agreement between the City and the event sponsor and could include payment of City expenses for the event. (Section 12.12.080E.) Special Event Permit Fee The Special Event Permit fee will be the same as the Temporary Use Permit fee for major events. This fee is $300 or $100 for non-profits. Just like the Temporary Use Permit fee, additional fees will O be charged for Traffic Control Plans, if required, and public right of way encroachment permits, if required. O There will be no increase in fee revenues under the proposed ordinance. Persons who used to obtain a Temporary Use Permit for an event in the public right of way will now be required to obtain a Special Use Permit rather than a Temporary Use Permit. Therefore, the fees collected will be the same, just from different permits. FISCAL IMPACT: None. ATTACHMENTS: Draft of Parade and Special Events Ordinance O O DRAFT: JULY 15, 2009 O ORDINANCE NO. 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 O THE CITY COUNCIL OF THE CITY OF TEMECULA DOES 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. O 12.12.030 12.12.040 12.12.050 12.12.060 12.12.070 12.12.080 12.12.090 12.12.100 Special Event Permit Required; Authority of City Manager to Close Streets and Permit Alcohol Sales and Use Exceptions to the Special Event Permit Requirement. Special Event Permit--Application. Approval, Conditional Approval, Denial or Revocation by City Manager. Indemnification and Insurance. . Departmental services charge. Refunds. Interfering with activity prohibited. 1118069.2 DRAFT: JULY 15, 2009 12.12.1 10 Penalty for violation. 12.12.120 Appeals. 12.12.130 Rules and regulations. 12.12.140 Unlawful to use City name without authorization. 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. (I) 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. O O O 1118069.2 2 DRAFT: JULY 15, 2009 O 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 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 O 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. O 1118069.2 DRAFT: JULY 15, 2009 "Special Event" means: O I. 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 which may require the provision of City public services for street blockage, erecting barriers, construction, traffic control, crowd O 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. O 1118069.2 4 DRAFT: JULY 15, 2009 O 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 12.12.0 10 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 O 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. 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 requirement. . A. The following activities are exempt from the Special Event Permit requirement: Expressive Activities described in Section 12.12.0 10 A. O 2. Funeral processions by a licensed mortuary or funeral home; 1118069.2 DRAFT: JULY 15, 2009 3. Activities conducted by a governmental agency acting within the O 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 permitter for the purposes of this section; O 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; 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. O 1118069.2 6 DRAFT: JULY I5, 2009 O 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 O 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 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 I2.12.140.A, the application shall be filed with the City Manager not less than thirty (30) calendar days, nor more than one 1118069.2 DRAFT: JULY 15, 2009 year before the time when it is proposed to conduct the event. Failure to file the O 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 (I0) business days. In the case of an event involving expressive activity, the City Manager shall determine whether or O 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; 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: O 1118069.2 DRAFT: JULY 15, 2009 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; O 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; O 1118069.2 9 DRAFT: JULY 15, 2009 20. The number of persons proposed or required to monitor or O 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 12.12.0 10 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 O 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: O 1118069.2 10 DRAFT: JULY 15, 2009 O 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; 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; O 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 1118069.2 DRAFT: JULY 15, 2009 15. The manner by which alcohol sales and service, if any, shall be O 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: 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 O 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 O 1118069-2 12 DRAFT: JULY 15, 2009 O 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 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 O 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 O 1118069.2 13 DRAFT: JULY 15, 2009 11. The parade, assembly or demonstration will violate any federal, O 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 15. The applicant has not complied or cannot comply with applicable Iicensure 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 O 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, O 1118069.2 14 DRAFT: JULY 15, 2009 O 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. 1. 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) 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, O volunteers and agents ("Indemnified Parties") free and harmless from and against any and all claims, damages, expenses, 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 pennittee 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. O 1118069.2 15 DRAFT: JULY IS, 2009 D. Block Parties. The applicant for a Special Event Permit for a block party O 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 Charges. In addition to the payment of the nonrefundable permit application tee 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 O 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. F. Time for Payment of Deposit and Citv 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 O 1118069.2 16 DRAFT: JULY 15, 2009 O 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. O 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 timely response so requires, the City council may refer to the matter to a hearing officer. O 11180692 17 DRAFT: JULY 15, 2009 B. Alternatively to the provisions of subsection 12-12.050.E, any applicant O 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 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." O Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended to read as follows: "A. Purpose and Intent. I . 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 Findines The City Council of the City of Temecula does hereby find, determine and declare that: O 11 18069.2 18 DRAFT: JULY 15, 2009 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- , 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. 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. Fnvironmental Findings. The City Council hereby makes the following O 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 Slate 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. O 1118069.2 19 DRAFT: JULY 15, 2009 D. Based on the findings set forth in this Resolution; the City Council hereby O 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. O O 1118069.2 20 ITEM NO. 26 0 Approvals City Attorney Director of Finance 52& City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: July 28, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department'for the month of June, 2009. O CURRENT PLANNING ACTIVITIES New Cases The Division received 52 new applications for administrative, other minor cases, and home occupations including 5 applications for public hearings during the month of June. Special Projects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longertime 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 projectwas approved by the City Council on January22, 2008. The CEQA challenge period for the Supplemental EIR 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 City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 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 indicated that building plans continue to be reviewed by the Office of Statewide Health Planning and Development and that approval of these plans is expected O by the end of July, 2009. The applicant continues to work with staff regarding permits for rough grading, processing precise grading, street improvement plans, and a Water Quality O 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 by the 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 1/2 acre minimums) due to responses received from various property owners that'/2 acre is not wanted; the survey will also gauge support for the future CFD. 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 O opportunity to conduct their own follow up survey within the next 30 days 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 July. 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. (PETERS/KITZEROW) Transportation Planning -The RTA Board approved the proposed route for the Temecula Trolley (previously referred to as the Harveston Trolley). The new service began in June 2009 to coincide with the new service changes to other RTA routes. The service will attract local residents and business to utilize public transit as a means to travel to school, retail and commercial centers, and connections to other RTA routes. Trolley service is provided Monday through Friday in the morning and afternoon, connecting the Harveston community to Chaparral High School, the Promenade Mall, and the County Administrative offices just south of the Harveston community. A route also operates between the Mall and Old Town Temecula during the lunch period, as well as on weekends. (WEST) O O 1-15 Interregional Partnership - 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. The next meeting of the Working Group is scheduled for August 5 at the City of Temecula. (WEST/INNES) Heritage Tree Ordinance - Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other significant trees throughout the City. The item was reviewed by the City Council on March 24, 2009, at which time the City Council requested a continuance to address various concerns. Staff has completed revisions to the Ordinance which address the concerns expressed by the City Council and the public, and has scheduled a public hearing for July 14, 2009. (PAPP) • Sustainability Program - Following the April 22, 2009 meeting with the City Sustainability Committee, staff has been focusing on preparing the Energy Efficiency and Conservation Block Grant (EECBG), which is part of the stimulus funding from the American Recovery and Reinvestment Act of 2009. An Energy Efficiency and Conservation Strategy Development application was submitted prior to the June 25 deadline to secure the Block Grant funds. Staff has 120 days to complete an Energy Efficiency and Conservation Strategy and select implementation programs to complete the application package. The green house gas emissions analysis kick-off meeting is scheduled for July 14, 2009 at 1:00 p.m. in the Field Operation Training Room. Representatives from each City Department as well as representatives from outside agencies will attend and participate in the data collection and O Green House Gas analysis. Staff continues to work toward a partnership with The Energy Coalition to gain access to additional opportunities for energy efficiency retrofits at municipal facilities with greater incentives from Southern California Edison and Southern California Gas Company. (WESVINNES) • Small Wind Energy Conversion System Ordinance - Staff presented the draft Small Wind Energy Conversion System Ordinance to the City Council on June 23, at which time the Council expressed concerns with the proposed development standards and allowable areas of the City and continued the item off calendar. The Council also created a subcommittee to provide additional policy direction to staff while revising the 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. Staff is working with the Annexation Subcommittee to determine whether the City will proceed with an application for reconsideration, which would be due to LAFCO by July 24, 2009. (LOWREYIRICHARDSON) O Development Code Update - Staff is preparing an update of the Development Code with O various changes that include: codification of the City's current policy which 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 August 19, 2009 and Planning Commission recommendations will be broughtforward to the City Council on September 8, 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 for the 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. Commissioner Guerriero is also a member of the Steering Committee, which most recently met on June 23, 2009 to review progress on the proposed sustainability and public are sections for the Specific Plan Amendment. Staff intends to complete the first draft of the Specific Plan Amendment in August 2009, to present the draft update to the steering committee and the public in August 2009, and to bring the updated plan to the Old Town Local Review Board for review in September 2009, to the Planning Commission for review in October 2009, and to City Council for review in November 2009. (FISK/INNES/LOWREY) O O 0 Planning Agenda Report 6/112009 through 6/30/2009 APN _ • PA09-0196 Power Pros Major TUP 960330011 ERICJONES A Major Temporary Use Permit to allow Power Pros Fitness to conduct a Grand Opening on June 20, 2009 located at 32832 Wolf Store Road Submitted Date Approved Dale 6/10/2009 Jun 17 2009 APN # • PA09-0177 Killarney Summer Concert MTUP 960020059 ERIC JONES A Major Temporary Use Permit for a Celtic Summer Concert to be held at Killarney's Irish Pub located at 32475 Temecula Parkway Suite G-101 Submitted Date Approved Date 5/12/2009 Jun 10 2009 O O 1 of5 Planning Agenda Report 6/1/2009 through 6/30/2009 O 2. Scheduledfo_ Hearing' APN # • PA08-0125 Temecula Village PDO-5 Amend1 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 6/26/2008 Oct 15 2008 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 DRC Meeting Date Planning Commision 12/1/2008 Jul 15 2009 APN # • PA09-0184 Wine on a Dime PCN 921060009 DANA SCHUMA A Finding of Public Convenience or Necessity application for a Type42 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 DRC Meeting Date Planning Commision 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 DRC Meeting Date Planning Commision 5/20/2009 Jul 15 2009 APN # PA09-0195 Springhill Suites PCN 9210600,47 CHERYL KITZEROW/MATT PETERS A Finding of Public Convenience or Necessity for a Type-70 ABC license for the Springhill Suites by Marriott Hotel located at 28220 Jefferson Avenue (Related Case - CUP, PA09-0174) Submitted Date DRC Meeting Date Planning Commision 6/1012009 Aug 5 2009 APN# • PA09-0226 The Wine Collective 922033009 DANA SCHUMA A Finding of Public Convenience or Necessity application for a Type-42 license (on-sale beer and wine) for The Wine Collective located at 28544 Old Town Front Street. (Related case PA09-0170) Submitted Date DRC Meeting Date Planning Commision 7/10/2009 Aug 5 2009 2 of5 O O O O Planning Agenda Report 611/2009 through 6/30/2009 APN Of • PA09-0174 Springhill Suites CUP alcohol 921060059 CHERYL KITZEROWIMATT PETER£ A Conditional Use Permit for Springhill Suites to sell beer and wine per a Type 20 ABC license, addressed as 28220 Jefferson Avenue Submitted Date DRC Meeting Date Planning Commision 5/11/2009 Aug 5 2009 APN k • PA09-0170 The Wine Collective CUP 922033009 DANA SCHUMA A Minor Conditional Use Permit to allow for a wine bar with wine tasting and retail (Type 42 ABC license) at 28544 Old Town Front Street Submitted Date DRC Meeting Date Planning Commision 5/6/2009 5/28/2009 Aug 5 2009 APN If • PA08-0233 RANCHO BAPTIST CHURCH 922130017 DANA SCHUMA WIRELESS 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 T g" wrought iron fence. Submitted Date DRC Meeting Date Planning Commision 10/6/2008 11/13/2008 Jul 15 2009 3 of5 Planning Agenda Report 6/1/2009 through 6130/2009 3 E, New Subrnittals.PendingDRCfMeeting'; 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. Bally'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 # • PA09-0009 Stellar Cellar CUP 922034036 ERICJONES A Minor Conditonal Use Permit to allow Stellar Cellar to operate a wine bar located at 28636 Old Town Front Street Submitted Date Anticipated DRC Meeting Date No Hearing Planned 1/14/2009 TBD 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 # • PA09-0186 Creekside TPM 35840 961010053 ERIC JONES A Tentative Parcel Map (No. 35840) for the development of 0.57 acres of land for commercial use (APN: 961-010- 053, 961-101-075, 961-010-076) Corresponding Development Plan Application: PA09-0144 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/21/2009 TBD APN # • PA09-0197 TPC ll Medical Center DP 910470032 CHERYL KITZEROW/MATT PETERS A Development Plan to construct a 16,229 square foot, two-story medical office building on Pad E within Power Center II, located east of Promenade Mall Loop Road, west of Margarita Road, between North General Kearny and Verdes Lane (Related Case PR09-0004) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/11/2009 7/16/2009 TED APN # • PA09-0209 Villages @ Paseo del Sol DP 959390009 CHERYL KITZEROW/MATT PETERS A Multi-Family Residential Development Plan to construct 144 townhome units (Planning Area 6A) and 308 apartment units (Planning Area 6B) for a total of 452 units on a 30 acre site located at the southwest corner of De Portola Road and Meadows Parkway within the Paloma del Sol Specific Plan (SP-4) associated with PA09-0210, Tentative Tract Map No. 36212 (related cases PR07-0008, PR09-0001 and PR09-0006) O 4of5 O O O Planning Agenda Report 61112009 throuah 6130/2009 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/18/2009 7/23/2009 TED Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/18/2009 7/23/2009 TBD APN # PA09-0210 Villages @ Paseo del Sol TTM 959390009 CHERYL KITZEROW/MATT PETERS Tentative Tract Map No. 36212 to subdivide 30 acres into seven lots to accommodate the Villages at Paseo del Sol development consisting of 144 townhome units (Planning Area 6A) and 308 apartment units (Planning Area 6B) for a total of 452 residential units located at the southwest corner of De Portola Road and Meadows Parkway within the Paloma del Sol Specific Plan (SP-4) associated with PA09-0209 (related cases PR07-0008, PR09-0001 and PR09- 0006) n Nn PA09-0137 Palomar Hotel Minor CUP 922024009 ERIC JONES A Minor Conditional Use Permit for the Temecula House of Wine and Martini Bar to be housed within the future expanded Palomar Hotel located at 28522 Old Town Front Street. The wine garden will be located in the first floor courtyard along Front Street and the Martini Bar will be located on the 4th floor of the hotel expansion (Related applications: PA08-0134 - Palomar Hotel Expansion & PA08.0138 - Public Convenience or Necessitv) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/6/2009 I TBD 5 of5 ITEM NO. 27 O Approvals City Attorney Director of Finance 5 /~wllyy/`/~s J City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: July 28, 2009 SUBJECT: City Council Travel/Conference Report - June 2009 PREPARED BY: Sue Steffen. Executive Assistant RECOMMENDATION: Receive and file O On June 3, 2009 Council Member Ron Roberts traveled to Lake Arrowhead, California to attend meetings of the Southern California Association of Governments Executive/Administration Committee, Transportation Committee, Regional Council; and Joint Meeting of the Community, Economic & Human Development Committee, Energy and Environment Committee, and Transportation Committee. On June 14, 2009 Council Member Ron Roberts traveled to Chicago, Illinois to attend the American Public Transportation Association (APTA) Rail Transit Conference- Expenses for this conference will be reimbursed by the Riverside County Transportation Commission (RCTC). Attachments: Meeting Agendas O C~ SOUTHERN CALIFORNIA ASSOCIATIO N of GOVERNMENTS Main Office 91 a west SevenOISu et t 2rh Floor Lai Angeles, Caldwnia 9901)-3435 tt2I372331990 f(213)7331925 wvrvv-us2.tapov oftstfus ton Ednry. a Ctn{ro Fimvlct F4tlid" tarty FArCnllon, HighUnd kcmid'Ac Pwsldent ~FYm O'Cori.Yx.Sanu Afonaa C InY+itdUlePSS[Areslde+u 91e/+aa1 ni%oer, LaFe PoRSt' PolicyCOrhnA"t9 Chers Erec fAdmin:tvetbn ton Ednry, EI Cmtro <a nay.IC o"ry cwd Human Dr.*1opmmt Larry rh{a1lon,NlghL3 4 Ena wkvrworunmt 960 ryraA ALV0 Tranapmtabon 1d1kc9cn, 5outa Vasadtna RECEIVED PLEASE NOTE NEW LOCATION AND TIME Thursday, June 4, 2009 10:00 a.m. - 11:00 a.m. Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 (909) 356-1511 Directions Are Attached If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Carmen Summers at (213) 236-1984 or via email summersAscag.ca.,g Agendas 8t Minutes for the Executive/Administration Committee are also available at: www.sGag.ca.gov/committees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements- To request documents related to this document in an alternative format, please contact (213) 236-1868. TM~RnyondCwmRntomphNo(diekPrddhiehgpcsrnf~i~ng 189d&s,J[ [ooMiM oa~CnugTagpxUpon rrmN,~ns. I uy. ~ w yatey f1{41(Y{Nr10(rOn'I ML'(tlf 311d d T~ Lv r%T'nnIR91 rYtf (:Sf1110}%2 µ'I{I µ9~wuµ~ rr r~~NITd 51}~ MAY 2.9 2009 MFFTINt: nF T41F TIME PG# The ExecutivelAdininistration Committee inay consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Jon Edney, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Executive/ Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Approval Item 4.1.1 Minutes ofMav7, 2009 Meeting Attachment I 4.1.2 Legal Services Contracts Attachment 6 4.2 Receive & File 4.2.1 Contracts/Purchase Orders between Attachment 7 $5,000 - $200,000 5.0 CAP SUBCOMMITTEE REPORT (Hon. Paula Lantz, Chair) 5.1 Contracts Greater Than $200,000 Attachment 5 min 23 Recommended Action:., Approve C EAC- JUN 2009 Doc#151729 SMcido-527/2009-2:07:43 PM SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TIME PG# CAP SUBCOMMITTEE REPORT - Cont'd 5.2 SCAG Salary Range Adjustments Attachment 15 min 27 Recommended Action: Approve CAP Sub- Committee's recommendation to increase salary ranges for 37 SCAG classifications without any accompanying salary increases. 6.0 CLOSED SESSION 6.1 Public Employee Performance Evaluation Government Code &54949 Title: Executive Director 7.0 EMPLOYMENT TERMS OF THE EXECUTIVE DIRECTOR O Recommended Action: Approve 8.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request. 9.0 10.0 ADJOURNMENT The next meeting of the Executive/Administration Committee will be held on Thursday, July 2, 2009 at the SCAG Los Angeles office. EAC -Jim20' , O Do:5:7: Salcido-5272009-2:0707:43 P . SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii /50UTHfRN CALIFORNLA ASSOCIATION of GOVERItivitNT3 Main office - aipwestSeventh streei PLEASE NOTE NEW LOCATION AND TIME ,zihiba Anqtle~CWurob June 4, 2009 90M 7-3,135 / 11.00 a.m. - 19:45 a.m. . t12i31136-180f! «„3ii3d raxs Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 (909) 356-1511 fort Edrtry, £I CMiro >ttl~. Hrght >~r+Y'1ACCftn. Pf txitl Directions Are Attached Secwdl7tnPlrJdmt 0AM o Lonnw, 3dnts AiOnKI. If members of the public wish to review the attachments or have any questions on any of the PalkytmninituteChairs agenda items, please. contact Mariana Pulido at b WWWAdmrn&WU0A (213) 236-1881 or via email pulido(a)scag.ca.gov Abn E~ 0 ctp" Ccn,wmi ti'.67ro and Agendas & Minutes for the Transportation Committee are Him Dftvkwetl also available at: www.scaa.ca.gov/committees/tc.htm t0,Y) rjflP,taglkW I'm .&&Wtiurff r t - SCAG, in accordance with the Americans with Disabilities Act (ADA), will Y. MWftAZUU accommodate persons who require a modification of accommodation in T order to participate in this meetng_ If you require such assistance, AtlkrY~f NrmR please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. Tfia Regtanal Wrmtna'otdc483cles!cU aKuti!r!sPrciaxhg I$9r~¢l sutc~miExtw`CC~faYfrudpcil,±t~ rritiR:u~x iMP" SifyArAa""4%Wnon W44TIUGoVa t rcpamreL7nM"SWIWnOkmGt OLD) MEETING OF THE 0 TRANSPORTATION COMMITTEE AGENDA JUNE 4, 2009 TIME PG# The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Mike Ten, Chair) 2.0 SELECTION OF CHAIR AND VICE-CHAIR 3.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation Committee, must rill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 4.0 REVIEW and PRIORITIZE AGENDA ITEMS 5.0 CONSENT CALENDAR 5.1 Approval Ite 5.1.1 Minutes of Ayri12, 2009 Meeting 5.1.2 Minutes of May 7, 2009 Joint Policy Committee Meetin 5.2 Receive and File 5.2.1 Addition of Fullerton - Transportation Center - High Speed Rail Station Proiect to Strategic Plan of 2008 Regional Transportation Plan (RTP) 6.0 INFORMATION ITEMS 6.1 Report on Congestion Pricing Study (Annie Nam, SCAG Sta,(p Staff will provide a brief report on SCAG's Congestion SOUTHERN CALIFORNIA ~ ASSOCIATION of GOVERNMENTS Attachment 1 Attachment 7 Attachment 16 Attachment 30 min 19 TC -JUN 2009 Dm#151729 Snlcido-527/2009-228:54 PM i TRANSPORTATION COMMITTEE AGENDA JUNE 4, 2009 9 Pricing Study currently under way. INFORMATION ITEMS - Cont'd 6.2 Four Comers Policy Committee FY 09-10 OWP Budget (Hasan Ikhrata, Executive Director) The Executive Director will report on the proposed Staff budget for the Four Comers Policy Committee included in FY 09-10. 6.3 Transportation Committee Agenda Outlook for FY 09-10 (Naresh Amatya, SCAG Staf ) Staff will provide a brief report on the planning work ahead and outlook for the Transportation Committee's agenda for the next year. 7.0 CHAIR'S REPORT 8.0 STAFF REPORT (Noresh Amatya, SCAG Staff 9.0 FUTURE AGENDA ITEMS TIME PG# Attachment 5 min 20 Attachment 10 min 21 Any Committee member or staff desiring to place items on a future agenda may make such a request. 10.0 ANNOUNCEMENTS 11.0 ADJOURNMENT The next meeting of the Transportation Committee will be held on Thursday, July 2, 2009 at the SCAG Los Angeles office. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii TC-JUN 2009 Dod 151729 Salcida 5272W228:54 PM RECEIVED SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 0 Main OMct slawest5ewnihstteet PLEASE NOTE NEW LOCATION AND 12th Floor TIME _ loF Angeles. Cal%fomia - 90O11-3495 - t„t9,2M-1W0 1(213)23&182S . Thursday, June 4, 2009 12:00 p.m. - 3:45 p.m. w ..sugRa.ga - Lake Arrowhead Resort & Spa orrw.r 27984 Highway 189 Lake Arrowhead CA 92352 Jon Edney. ElCMtro f Fmt ace 4el dent (909) 356-1511 L." M Callon, Highland Second`64.Prr4drm vampConna, SanuAtorica " Directions Are Attached ImrtxW late PaR PrKldtm Ri<hud Oixm, Irate F omt . WkyCommitt44 Chain If members of the public wish to review the attachments or have any questions on any of the Er J Mn Ednqndrwy, E I Centi Centro tion agenda items, please contact Shelia Stewart at 213.236.1868 or stewarha)scaq.ca.gov Comma *Ekenornlc nd Hunan ur«woment t,. yM CaRon,tlighYnd Agendas and Minutes for the Regional Council are also. FarngyaEmlmmsrnl available at: www.scag.ca.-gov/committees/rc.htm Keith HanId, Anew SLAG, in accordance with the Americans with Disabilities Act (ADA), will Mlsrrralnaren.5pnoum vasftsadana accommodate persons who require a modification of accommodation in - order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. mcRgmnilTpmldisl0a7ri'iddRdaud oMrcaHrcwdMia11I71i1H.sirtpwvjt44vtrpwnyTWgpglnqn Cunrnbsunx Iropral Paley AYZ®tiondrovMpnedstMliib7lf~.rixnent RpgrNairRx9Kn5odHnCAgorceA itU No. 509 Jui, k' 12o~s MEETING of THE CITM11ANAE WS REGIONAL COUNCIL AGENDA JUNE 4, 2009 PG# The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Jon Edney, President) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 RETREAT SESSION #1 (Strategic Plan Discussion - approximately 2 % hr. discussion). (Jan Perkins, Facilitator, Management Partners) 4.0 BUSINESS SESSION - REVIEW AND PRIORITIZE AGENDA ITEMS 5.0 CONSENT CALENDAR 5.1 Approval Items 5.1.1 Minutes of May 7, 2009 Meeting 5.12 Legal Services Contracts 5.2 Receive & File 5.2.1 Contracts/Purchase Orders between $5,000 - $200,000 6.0 PRESIDENT'S REPORT 6.1 Announcement of Chairs & Vice Chairs of the CEHD, EEC & TC Committees 6.2 New Committee Appointments. Attachment 1 Attachment 8 Attachment 10 RC-June 2009 r)«R149076 Stewart 614/09 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i REGIONAL COUNCIL O AGENDA JUNE 4, 2009 PG# 7.0 COMMITTEE REPORTS/ACTION ITEMS 7.1 Legislative/Communications and Membership Committee Report (Hon. Glen Becerra, Chair)t 7.1.1 2009 State Legislative Summary - Bills of Interest Attachment 25 (SB 607, AB 982, SB 406 and SB 696) Recommended Action: Approve Legislative/Communications and Membership Committee's recommendation. 7.1.2 NARC Membership Dues Attachment 31 Recommended Action: Approve O 7.1.3 Legislative Update (Sharon Neely, Director, Legislation) 7.2 Executive/Administration Committee (EAC) Report (Hon. Jon Edney, Chair) 7.2.1 Contracts over $200,000 Attachment 32 Recommended Action: Approve 7.2.2 SCAG Salary Range Adjustments Attachment . 36 Recommended Action: Approve CAP Subcommittee's recommendation to increase salary ranges for 37 classifications without any accompanying salary increases. 8.11 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) RC-)uw 2009 DOC4149076 O - Stewart 6(4/09 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii . REGIONAL COUNCIL AGENDA JUNE 41 2009 PG# 9.0 INFORMATION ITEMS 9.1 CFO Monthly Financial Report (Wayne Moore, CFO) 10.0 CLOSED SESSION 10.1 Public Employee Performance Evaluation Government Code §54949 Title: Executive Director 10.2 Conference with Legal Counsel-Existing Litigation One case (Govt. Code Section 654956 9tal Tenden v. SCAG, Los Angeles Superior Court, Case No. BC M771 11.0 EMPLOYMENT TERMS OF THE EXECUTIVE DIRECTOR Recommended Action: Ratify terms as approved by the Executive/Administration Committee. Attachment 42 12.0 ADJOURNMENT This meeting of the Regional Council shall be continued to Friday, June 5, 2009, at 9:00 a.m. at the Lake Arrowhead Resort and Spa for Retreat Session #2 (Strategic Planning). The next meeting of the Regional Council is scheduled for Thursday, July 2, 2009 at the SCAG Los Angeles Office. RC-J n 2009 Doc#149076 Stewart 614109 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS iii SOUTHERN CALIFORNIA o~ ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 900t7-3435 t(213)236-1800 f(213)2361825 wwwsca3caAOv officers President Jon Edney, EI Centro First Vice President Larry McCailon, Highland 0 Second Yce President am OConnor, Santa Monica Immediate Past President Richard Dunn, Lake Forest Policy Committee Chain ExeMive/Administation Jon Edney, El Centro Community; Economic and Human Development Larry McCallon, Highland Energy &Environment Keith Hank; Anna, Transportation Mike Ten, South Pasadena O PLEASE NOTE NEW LOCATION AND TIME Thursday, June 4, 2009 4:00 p.m. -5:00 p.m. Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 Directions are Attached If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deborah Craney at (213) 236-1891 or via email cranev(ascaq.ca-qov Agenda and minutes for the Community, Economic & Human Development Committee are also available at: www.scag.ca.gov/committeelcehd.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236.1868 at least 72 hours in advance of the meeting to enable SCAG to make. reasonable arrangements. To request documents related to this document in an altemative format, please contact (213) 236-1868. The Regional Council is rompmedof83 elm dothdah representing 189 cities, sh couotimIne rnmRyTiargXrntloncommissipnL Imperia I Va1ky gssaiaUon of Govemmems and a Tribal Government represmt itin within Southern California. S1L0J JOINT MEETING OF THE 0 COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT COMMITTEE ENERGY & ENVIRONMENT TRANSPORTATION COMMITTEES AGENDA JUNE 4, 2009 TIME PG# The Committees may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER Chair, CEHD Chair, EEC Chair, TC 2.0 PLEDGE OF ALLEGIANCE 3.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committees, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes, and the total time for all comments may be limited to twenty minutes. 4.0 REVIEW and PRIORITIZE AGENDA ITEMS 5.0 INFORMATION ITEMS 5.1 SCAG Region Framework and Principles for Attachment SB 375 Regional Targets Advisory Committee (Masan Ikhrata, Executive Director) 6.0 ADJOURNMENT The next meeting of the Community, Economic & Human Development Committee, Energy and Environment Committee, and the Transportation Committee is scheduled for Thursday, July 2, 2009 at the SCAG Los Angeles office. Workshop- June 2009 Doc #151886 Craney-06/09/09 SOUTHERN CALIFORNIA ASSOCIATION DFGOVERNMENTS i I C` O O APTA RAIL CONFERENCE June 14-18, 2009 AT-A-GLAN SATURDAY, JUNE 13 7 a.m. - 2 p.m. INiERNATIDNAL RMLRDDEO : Pg. 16 CT46koF1e Yertl. l,al WUrtOeYlon 6kekle. IL B - IOO.m. Cammunr Roil Solely a S"cpdty Comm ittes W;IIIIe.d C. Thhd floor 10 a.m, • i6 P.m. Rail Safety Cemm'Itbe WBUmra C.Thlyd Fleer 10 a.m. -4:30 Pm. IShrit-ano of 7.15 or9 P.M. Milmoumel rtaNlru roucsowlrmwamlvt,-TV,Mml,a rmry p,,13 Ji-SP,m. 21APTASy3nm Solely Seminar - p0. 19 Willford6Thlra Floor 1.'Sp '•AMA R~kttOtio Ge3k pg 2 ~ v I r H •MOS(Mbnna Desk p0 1t. pOr .;BoW aA pTpond Flo➢ 1 S I IN - 3 p.m. NO COMarned an Rail Transit Systionds W065) ' .b Light Rog Tri PP0731 Room •f.iOUrm Hoer ' 315 - {lu p.m. US Complain" on CammunrROB TromparlaNOn (AP070) b SUbcemmi e"an Sal-Peweled Rail Can WP070-1) Piem46FO mHeer { - F P.M. Communr b Intercity mail Joint Legislothe committee Room FO,,aunF deer ' SUNDAY, JUNE 14 7aoaa.5oaaaa~a.m. ' w.leedT blMmcNy RaR COmmilna ' Mra Floa . e. FIN..m, • Seiudry Snnd.W. Poll, b planning Committee Room 40.FUnh Floor LIPht Rail Transit Technical Forvm 'e wnmlds mlm Flem ea.m 12 p.. 1I Shn01S and CominomKmbrl9 Technical patient Wgin de hl,dFloor Modata tors/Spaoko)66 AN Preview ROam yp li.; . YORE ThI FI ~1 - •1CRpIMorrPalbnCella F.'16 _ ;.Oeul I.,.,; von or.1 JI 9r9a - II a,m. • Ru61nw Merman Small Bu lined • Committee Room 6A, FeurlM1ilper • PolBnp Stock hulpmentTachnical Forum WilPWId A. TYIM 0 1;3o - 1140 o.m, • SSecuio, Afflmn Steering CommiRea • lapbbfNa COmmNlee Floor L t Mlenlp•n. Flpaln Fleer 111 13 P.m. Aulomand OUld"way Tronfiit Technical forum o Floor 11 a.m. - I250 Ora. yeMllodon Technical Famm Vmpford R.Thod Floor n a.m. - 3 p.m. Rap TmnaN CEOs Subcommittee and Rail Standards Paliey a Panning Committee waadX Th4ea... 12-a P.m. Reoerch b Technology Commhlee pa lllatl O, TMm Hoor 1. 24opm • SrveNwb XarNOpa Tr011ey SvbcommMaa PoomlC PoUnhfloa ' • and Uw b[mnOmk DaY"bp ndot SubcommRtoa Wlleord C,Th4d R-, Y - Ja. P.m. Comndtlee on Public Safely (COPS) R..m la, FUrlh Heor 2.1Pm. CammunkAsan; SUbcommNlpe - P9om9F.FOUMHOOi . 2. 440 P.m. SYS1ama Enpinadnp SUbmmmiNee Poom O, FUnM1 Floor ' 2-30.4Dm - RoilTmrdNComml„ae: 'W4111okA Tm•a Floor Business Mambo, B63neds Derolopmenl Cia mitre '9eem 90.F0utlM1 llem. ]-3Pm... le HIngihe Foll POnntlolof A•embership ".,,.24 - B. 1 N B 54-al Floor SU N DAYiCONTINUED] I -.4,10 p.m. Major Capital Inrellmenl "laming SubmmmNM Will r.,da Thlra Floor . .-3p. UTFS Talk Faroe W Illllurd A. TFlyd Floo. d-71,- WelcometoChicago Recrption pg. 25 In"F-11onal UnlroOm Nenh, SaCoad Hoor 7 -a:6o p.m. APTAO71FmgAnON MLRODEOAWAADSBANWU p0,25 '.Intemnlonel eellwem 5ou146dmnd no., 7 - e40 "Ca a itl Projects SUbcommMee W IDWFIOar ra 6pm ° 6'MOd"MOrtKpeakarsa A/VPmnw,AOam PP~'ii4 ilOfl]lhlNfl r BUa1naY MOrIINar Re60VRe ROAN PO 17; "i POR7 ThIId Nam : ' r r ` ,•;SV6t0IMbb Tmrl6pdr1a332n Ek111hN pg; t3 . ".;B dP ,,Sew, dN •,TCRP NIfoNtrotpn.[eMer 1 ' I'VIS; (g .re rong6dea ere " 6:30: 1o a.m. 1 OPENING GENEP.ALSESSION pg: 27 Oland OA[monu 6.eond Floor 10:15- WAS O.m. I Sarviwto Rag CYftomars-From G0pa to Great Pe 23 ...T..rd 6, 6.sond Ho., 3' ImallIroe Fimndog and Pmjeet Delhery MEMO& p9• AB will dB,Thlyd Floor a. Apec ding Sllcced When MaUtp a Commitment to SUalebmbllity Pe 29 . wnl pA ThldFloor. ' 4waled Updates 14OVY Rail- Ieml Thos liner IF 1. 30 S law FUnravf8011 CarProcunmeM. Dg-3t 'M Puon.. Thlre Fleer f ,Us. High Spread Roil Uendepmnd6: Updons ham Major Domestic Programs. Pa•31 w1n rd C. TWO poor O MONDAY(CONTINUEDI 1016 - H:u Am. mpmolpam Avtomolad Goldew ni, Orawing Rapid Tran6N Capaaor In Me Urban 6lvbonrrwM "0.32 P•IOAe, YYnhd floo! , TIIX1bIr PT.TTadllgi]p/AQM$Ibrk =Ky pg n BpIOLtMaurp/. 9oulwntl C.6won Floor I2-Sp.m. GENERAL LUNCHEON: Ieodero, bOrywflsotio cl tlwMAa-SlalrOw/1M BOda btEO, Woo YklM p9.14 erne eal..em. c.dana n.m 12 - 330 p.m. MKN9 [ I"& VA's Skokie Shop pP35 1.3 P.m. Nom.tW3:CTA'681WkIn0 pe35 IncRacamea'3 Red Una PP. 36 3O0 • {i90 p.m. Lab'3!/MprIit1O1at10r 1 WCRl9ORR0lVDOPw39R r refnstefinfw em b Podlrorahko-Wllureb 0Ur I11d1YtFl' p g. 96 InumellonJ 6•Ilroom 6eulM1,6•aene Fleer 31MBar0lad Syltem}%anninp-TIIB Wby arM How WIIIIFw6GihNtl HOD, "037 S van Parhwnhips p9.]B Mono" Or wnm.m Third Nnm 4 State of Good Rapak-HpW DO We Oel There? ca. 35 W.Idor4Tlrlwfloor 4 Project Updates-Ught Roll P, der Mupuella, Third Floor d Tha Rep Safety act of 2008; Posilia Train Control.., and Beyond pA. der W;IIPOre k TN•, no., 71mplemsMlnp New Technology In Obar lnhMnlHuro a, II Boul...rdC P•eendfl- 7Endrgy,Eal ooemaTramN F,42 b 2:30 - {:]0 p,m. Commitloa on Public So" (COPS) Round Table Jd1b.,ll,lyd ROer 2110 - 5 pm. wend.,. T...do,, w.d-dml rtcNNlFxrwv:RA'a 901 W. OINIIOn Street Facility po. 43 114144CALML CIA 3-Track Construction nal OpGaRON pg. 43 mo Nk'NrWR RA Track Mahmmonu p,43 nCHNpAITOI Metro Simulator Training 0,.44 iiviiao iWU MAhaMorkat Wender-1, pP 44 6130-a P.M. - polling WIMSnpfi. and All Mat Jw Rooookin pg.46 a..nad r.rkcnm.w.mrr TUESDAY, JUNE 16 APT" Raglmalbn Dark oA 7,:. y..eo I dA,S nand repo a.m apm HCat MnmlppOn D061t PA; 11 v:m I .en; a.pane Hem . . . \ TU,E S DAYICONTINUE01 7:30 -10:15 ..m. Commulargail GFOi SubcommMoa L.Y. om.ne.uepm nee. 1:30 o.m, - S P.m. RAIL PRODUCTS & SOVICIS SNOW CASE SeNnwen E.M611 Hall, Loww L.ael 9 - Is p.m. INTERACTIVE PRESENIATIONS 5oull-l EaMblk H.II Form Loww L- .12 .m. 5, Performance grourrapneol A NpM War to Mpmpe Your BUpM ' Imernwlom atlbeem bewn,5eeene deer 10.....2 .m. iKHNULTmR ChIc"I's Offlm of EmergemW Management& CornmualcplbnS (OSMC) 10:30 13 p.m. T APTA Shots k Pion: The Goal for 2010-2014 ' werl.,T51.a~loa. 3 Uph15mp4nl EVeMIOD MMOnopinp tiro life . Svfet'QlXkeoSp ftemf , 3 Mavigionw wnlm.ebb TNrpMCwaait1h~lOD CholWnoes& dh~ OCOa InCbS WTeda/ Web ' . 4 M& U the Right Organization for Whaling IS Capital ProlecH WMI&H c. TMW For, : S CO ping t6hb increased Rldarshlp in ttle Fa Pe bF Cosh ' Wtldort. iF46 Floor loor ' : 5 ITS In Rail Oparotians Mvau.us,Inpd NOer I CammVter Rall Project Updates ' ' wRllora A,Tnpa floor ' 15oHIng the"Wbration pmbial the OW Eoshioned War. Sound fnginaeriog ..WFmd 8, B..dFloor 12-3,10 p.m. TaIrkluL Tour, RA's Stoke Shop I-s P.m. TECHNICAL TOURS - NTI TRAINING: Manarr TlOmX ,Conbhu,Frm Projects - PAR I - 0.opm 4a, FOmlhFIo., floor PO. 4) Pa,46 Pa.48 on. 49 Pa. 50 P9.50 PB, 51 Pg. 52 Pp. 53 ,0.54 ,9. 55 Py. 35 Fla. 36 06.56 2;30.4.30 p.m. LISTENING SESSION APIAGoveman®and Cemmktae Structure Ub Hnon,ElOnlF floor ' I WORKFORCE! DEVELOPMENT: NDngthe RonkF... 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BI Ormd Bdtraom, 6ooona floor ' 13: 3:30pro " - 1KHNYJ1 TOUa CTXs Skokin Shop p9. 35 I: a pp. 'TECHNICALlGUPS ".35 J I M S Conference Roll Planning CanmXlm , Amon., Tmro Naar 1:30. 5 P.m. NTI TRAINING, Manap4mor l of Tmpb CmabVc1um Protests - nh art Poor pp.56 a PplHoning Transit in Splalnabl4 Regional Tramporlolim pbosand PmgrarlG-DopBorthe Table op.82 VIWme,Thlyd Nero P-5 P.m. TIES TRAINING: Currant lames In ROllSMety ra. e3 LeYe Nuran, EIeMn Float 5:15-SP.m. GUIDED SET-TOUR-Looping the LOOp: A MuMmedal Tour at Chkapar p9, B4 5:)0 - 5 P.m. TECMNICALTOURS pp, 4) 5 - 400 P.m. OOu1dOnnc onn~mpetXM Gmnts Sir High Speed Roll: 1 F Pp es 44 D1, EleMh floor THURSDAY, JUNE 18 0 a.m. - 5 P.M. Prams and Matadot,Mano "MWp.Whop pe.61 0:30 a.m. -12 P.M. APIA PoshieTrain Control Workshop pg. s6 L.ke pmerlq Npl:lh Noa. ea0 a.m. - a P.m. Wr le Notional Transportation Security Fail, SummH~Spkctiw Screening of Aall Passengers: An Evaluation aide PROF Lets Da.61 5au1-ol A.a second Nee. 8.9150 0.m. ~Mwkon Axovery and Pdmbshnenf PCt bvyui r simc, ow P9.69 6:30 p.m.. 4.30 P,no NTI TRAINING: Nanapompnt of imruN Constmcrion ROIuTS- Port 31 Part 4mnN.u. on Fridoyl De. 56 Hwm4D.F0urm Ho., 9 -11:30 a.m. Al Shaad-Use Working Group and TRB SubcammMge on Shared Rall Conldorf & Solid" IAPOsI Jolley T51N1bar' "A FfN4w Sm lStarla WOrWMp Pa. 89 Mwaunu, TN,4.41IF. Floa coo . 4:ao v. 7, gpT45harW TO<k WOrkfhaD DB.3DI1 LYe Onurle, ElpnlF. Floe[ . : !l WEDNESDAY, JUNE 17 ITEM NO. 28 O 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: July 28, 2009 SUBJECT: Economic Development Departmental Monthly Report for March through July 2009 PREPARED BY: Kathi Syers, Administrative Assistant RECOMMENDATION: Receive and file. O The following are recent highlights for the Economic Development Department for the months of March through July 2009. SITE VISITS March Site Visits On March 4'h, staff met with Carl von Hirsch, President of Quicksilver, and the world's largest manufacturer of sport aircraft. Quicksilver produces Ulttalight type, Light Sport, and Experimental/Amateur Built aircraft kits. As the most commonly used Ultralight training aircraft in America, Quicksilver's light aircraft are recognized for being ideal for recreational flying as well as flight training. On March 9'h, Council Members attended the CSUSM Grand Opening Reception and Ribbon Cutting at the Paul Goldring Garrett Institute for Higher Learning located at 27455 Tierra Alta Way. Alan Cook of Group 1 Productions provided photography services. The new facility will provide a nursing curriculum, as well as some business.studies. On March 23rd, staff met with Brian Golie, owner, and Kip Richards of Gold West Biologicals. Golden West Biologicals provides products for the development of immunoassays and has been in business since 1989. The Company formed to directly access the need created by medical device manufacturers to locate a reliable source of cost effective and technically superior raw materials. On March 30'h, staff met with a business owner regarding opening up a bio-science business and non-profit foundation interlinked with the for-profit. They would employ 50 employees in the next 2 years and high end jobs. O April Site Visits On April 13`h, staff met with Scott Heiling, the New Plant Manager of Scotts. Scotts produces O industry-leading lawn, garden and indoor/outdoor living products and services. On April 20th, staff met with Garrett Blood and Greg Holtman, owners of California Soft Serve Concepts. They have produced the world's first "super desert" a product that provides top nutrition, has no drawbacks and appeals to everyone who wants a frozen dessert experience that's actually good for them. This product, Arctic Zero, was developed to provide the health benefits and nutrition and is designed to satisfy the ice cream craving. The business also targets the childhood obesity epidemic that has become a major health concern among U.S. kids. Henry's, Sprouts, Bristol Farms and Whole Foods Stores carry this product. May Site Visits On May 6th, staff, the Temecula Valley Chamber of Commerce and Mayor Edwards met with Issac Lazarga of Rancho Ford to learn more about the dealership, discuss their needs and provide city support. On May 12th, Council Members and staff attended the Ribbon Cutting/Grand Opening of the LaQuinta Inn and Suites located on Jefferson Avenue. On May 13th, Staff attended the Temecula Valley Cultural Arts & Music Center Ribbon Cutting. The facility was previously located in Old Town. It provides performing arts and music programs to local youth. June Site Visits On June 10`h, the Temecula Valley Chamber of Commerce and Mayor Edwards met with Quality O Nissan to learn more about their dealership, discuss their needs and provide city support. On June 11`h, staffed attended the Ribbon Cutting at Down's Fueling. On June 11th, staff met with Diane Frank of Magnecomp. Magnecomp Precision Technology Public Company Limited (MPT) a subsidiary of TDK is a premier precision suspension assembly manufacturer serving a global customer base in the data storage and electronics industries. With manufacturing plants located both in Thailand and China and a Technology center located in California USA, MPT is strategically positioned close to its customers' design and manufacturing center. On June 15th, staff met with Jerry Kriebel, Plant Manager of STERIS Isomedix Service. STERIS Isomedix Services provides contract sterilization services to companies in the medical device, pharmaceutical, consumer and industrial markets. July Site Visits On July 8th, staff and the Temecula Valley Chamber of Commerce met with representatives of Chapman University. In attendance was Ron Patterson, Campus Director, Kevin Keith, Temecula Site Director and David Haigh, Regional Director. Chapman University is pleased to be in Temecula and is very involved with the Temecula Chamber. They also plan to get more active in the community. O ECONOMIC DEVELOPMENT O On April 2nd , staff posted a solicitation on Planet Bid for an RFQ for the Temecula 2030: Quality of Life Master Plan for the City of Temecula. Thirteen Proposals were received from various consultants. On June 10, Staff interviewed 3 Consultants to complete this project. On June 23, the City Council entered into an Agreement with Applied Development Economics for consultant services to complete this project. A free Trolley service started Monday, June 29'h in Temecula running between the Harveston Community, the Promenade Mall and Old Town. The free service is being offered as part of the deal the City of Temecula made in 2002 with Lennar Homes, the developer that built the Harveston Community. To help offset some of the traffic impacts of the lakefront community, Lennar was required to pay $300,000 for public transportation, money that is being used to finance the operation of the trolleys. Two routes will be provided with weekday service from the community of Harverston to the Promenade Mall and surrounding area. An additional route will provide weekday and weekend service between the Promenade Mall and Old Town. CONFERENCES/EVENTS On March 6th, staff exhibited at the Professional Women's Roundtable Expo held at Pechanga. Lisa Ling, correspondent for the National Geographic Channel and Oprah Winfrey Show, was the key note speaker. The focus of the Expo included recognizing the contributions by extraordinary women, showcase women owned businesses and raise money for their scholarship fund. On March 12th, Staff attended the Temecula Valley CVB Annual meeting at Temecula Creek Inn. The CVB recapped 2008 accomplishments and shared their plans for 2009. Temecula City Council Members and staff attended the Mayor's State of the City Address held at O Pechanga on April 91hOn April 15th, staff attended the 150 Year Theme Temecula Valley Chamber Mixer at the Temecula History Museum. This was the kick-off for the 150 year anniversary celebrating the establishment of Temecula's first Post Office and becoming a community known as Temecula. On April 17th, staff attended the installation of the New Postmaster at the Rancho California Main Office. Councilmember Roberts and Susan Houpy addressed the audience. On April 291h, staff participated in the Southwest California Business Summit at South Coast Winery. The Business Summit provided a day of partnership for training collaboration and Procurement. Created in conjunction with the Economic Development Corporation of Southwest California (EDC), the five contiguous cities and their Chambers of Commerce (Lake Elsinore, Menifee, Murrieta, Temecula and Wildomar) displayed vendor booths and provided procurement information and application processing. On June 4th, staff, City Council and Temecula Valley Chamber attended the Economic Forecast at Pechanga. John Husing was they key note speaker. SPECIAL EVENTS The First quarterly local CommerciaUlndustrial Broker Forum Breakfast Meeting kicked-off on March 5th at City Hall. The Forum provided networking opportunities and Brokers addressed their needs and concerns with the current market. O On May 21st, the City invited citizens to have "Tea with the Mayor." For a minimal feel, members of the community enjoyed lunch with the Mayor at Truffles and Lace Tea Parlous in Old Town Temecula. The City of Temecula's Fitness in Temecula (FIT) Program conducted a fitness walk with the Mayor O Edwards and Mayor Pro Tern Comerchero every Wednesday night from 6:00 p.m. - 8:00 p.m. in the month of June. The Second quarterly Commercial Broker Forum was held Thursday, June 11`h at Temecula City Hall. The Forum focused on Commercial Lending. Special Guest speakers included Steve Black of Torrey Pines Bank and Katherine Bailey of First California Bank. The Ribbon Cutting Ceremony for the new addition of the Mall Grand Opening was held March 26 at the new wing between Macy's and Edwards Cinemas. The seven tenants fora 126,000-square foot open-air expansion include Pottery Barn, Williams-Sonoma, Coldwater Creek, PF Changs, Lucille Barbeques, and Yard House Restaurant. The businesses reflect the Promenade's "lifestyle center," an outdoor shopping area with a Main Street-like setting featuring fountains, shade trees and other amenities. The expansion also includes two new multilevel parking garages. On April 18`h, Council Members and staff attended the Founders Day in Old Town Temecula celebrating the official establishment of the community known as Temecula. On April 22nd, Council Members and staff attended the Stamp Cancellation Celebration at Sam Hicks Park in Old Town. This Celebration marks the first post office in Temecula and the official establishment of the community known as Temecula. OLD TOWN PROMOTIONS Bluegrass Festival The Ninth Annual Old Town Temecula Bluegrass Festival was held March 21" & 22nd This year's O event featured the Claire Lynch Band. Lynch was nominated for the International Bluegrass Music Association Female Vocalist of the year. Temecula's Bluegrass Festival is known as one of the best free bluegrass events on the west coast. The weekend featured bands performing on two stages from 11:00 a.m. to 5:00 p.m. on Saturday and 11 a.m. to 5 p.m. on Sunday. Performances were provided by Sligo Rags, Whistle Stop, The Mill Creek Boys and This Just In. Saturday evening from 7:00 p.m. to 10 p.m. featured a concert in the Old Town Temecula Community Theater. The concert featured Lynch, Silverado Western Days Western Days was held in Old Town May 16th & 17th, 2009. This year's event will feature the Second Annual International Chili Society sanctioned Chili Cook Off on Sunday, May 17`h. Old Town Temecula's Gun Fighters hosted a competition between Southern California gunfight clubs both days. At high noon both days the Temecula Gunfighters treated the crowd to a comical bank robbery featuring dozens of bad guys in a final shoot out with the sheriff and his posse. Gunfight shows and competitions were held hourly at the corner of Fourth and Front Streets. Live western music, a working blacksmith, pony rides and stagecoach rides were part of the Old West fun. Pony rides and stagecoach rides were available for a minimal fee. O Street Painting Festival O Muralists and visual artists joined on the streets of Old Town Temecula during the eighth annual Old Town Temecula Street Painting Festival June 28'h and 29'". During the weekend over100 artists painted murals on the asphalt of Temecula. Utilizing pastel chalk, these muralists and master painters recreated old masters paintings, originals and modern art in a unique performance of art experience. While the artists were painting asphalt, plein air artists recreated scenes on canvas around Old Town Temecula during the Ralph Love Plein Air Festival. A new addition to the Street Painting Festival, the Plein Air Festival was held on Friday and Saturday, with awards and auction Saturday night. Street Painting awards were given on Sunday at 3:30 after the last mural was completed. Professional artists from cities throughout Southern California painted many of the estimated 300 murals on the asphalt of Old Town Temecula's streets. This year's featured artist was 20-year-old Hannah Tawater of San Diego. Tawater won the 2007 Best of Show for her 10-foot by 12-foot portrait titled "Carol and Clark." While professional and amateur artists spread a palette of color and artistic culture, multi-cultural bands were playing along the walkways. Music included Javid Flamenco Guitar, Duchicelas Pan Flutes, Older Than Dirt Band, and Menifee Campus Jazz Ensemble. Hot Summer Nights Hot Summer Nights kicked off on July 3`d in Old Town. Opening night included Soccer Collies, a team of soccer playing dogs that defied all goalies. Human versus canine went head to toe, paw to hand in an all-out battle of speed and agility. Soccer Collies did o all the running while human competitors tried to stop very determined, highly skilled soccer playing canine athletes from scoring a goal. O Musical entertainment included L.A. Jones and Blues Messenger, Hoo Doo Blues and the very popular Beatles Tribute Band "Help." July 10"' -121" featured the International Jazz Festival in Old Town Temecula. Every Friday night through September 4 features a variety of live band performances and multiple venues throughout Old Town Temecula. Bands scheduled this summer include Aunt Kizzy'z Boyz, Sligo Rags, Nitro Express, Guilty Conscience, Upstream and Dulchicelas. The Valley Winds will perform a pops symphonic concert three times this summer at the 5'h Avenue Dog House. These concerts will be fundraisers for the local high school bands featuring musicians from a different Temecula High School each performance. During breaks the band members will pass the hat for donations for the bands. Donations will help continue the band program, provide repairs on instruments and defray costs for the band programs. Valley Winds performed on July 241h, and will continue on August 7`" and August 21g`. Old Town Trolley In an effort to alleviate the impacts of the construction on Mercedes and Main Streets, the City implemented a pilot program to provide a free horse drawn trolley on Saturdays from 8 a.m. to 2 p.m. Beginning Saturday, May 17`", the Trolley will run along Old Town Front Street from the Stampede Parking lot to 6'" Street. The Trolley has been averaging approximately 250 riders per day. O MEETINGS March O On March 4`h, staff attended the Southwest CA Business Summit Committee meeting. On March 4`h, staff attended the College Fair meeting in preparation forthe September College Fair to be held at the Promenade Mall. On March 9'" staff attended the 1501" Celebration Meetin at Bailys in Old Town in preparation of the April 22"d event. The Celebration will mark the 150` Anniversary of the first Post Office in Temecula and the official establishment of the community known a Temecula. Bi-weekly meetings were held prior to the event. Staff attended the District Carret Technical Education Committee Partners in Education held at the Chamber of Commerce on March 9'". On March 101h, staff met with Pat Lucin and Diana Camba from Morning Rotary regarding the Morning Rotary's 21st Annual 10K Run on Saturday, May 3rd. The run starts at Maurice Carrie and goes through wine country. The event will include vendor booths and approximately 1,000 runners participating. On March 10th, staff held the final Spring Rod Run meeting in preparation of the March 13th and 14"' Rod Run. On March 12`h, staff attended the Southwest California Economic Alliance Partners Board meeting. Partners discussed the dissolution of the Southwest California Economic Alliance (SWCA). Staff attended the SW CA Business Summit planning meeting for cities/county at Murrieta City Hall. O On March 12th, staff attended the CVB Annual Board Meeting at Temecula Creek Inn. The CVB recapped 2008 and shared their plans for 2009. On March 18`h, staff held a meeting for the Race for the Cure to be held October 18 at the Promenade Mall to discuss a route change. This year's event will include the closure of Winchester Road. On March 23rd, staff attended a luncheon with the Base Commander at Camp Pendelton to discuss the noise issues as it relates to the City of Temecula. On March 26`h, staff and Mayor Edwards attended the EDC quarterly luncheon at Temecula Creek Inn. The topic was "Doing business with the Republic of Indonesia." On March 301h , staff met with Dan Taylor and Sheri Davis of the Inland Empire Film Commission regarding the film permitting process. April On April 1", staff attended the SW CA Business Summit Meeting at Commerce Bank in Murrieta. On April 1 staff met with several resources in the Bio -Tech Industry and discussed the start up process for - Bs. Incubators. On April 2"d, staff held a Spring Rod Run recap meeting to discuss better coordination with outside O vendors, improved parking issues/passes and a parent pick up plan for Kids World. O On April I~', staff attended the SW CA Business Summit Meeting at Commerce Bank in Murrieta. On April 9th, staff attended the Old Town Temecula Association Mixer at Long Shadow Winery in Old Town. On April 16th, staff met with representatives of the Promenade Mall regarding hosting the College and Vocational Invitational which is scheduled for September 26, 2009. Staff attended the Workforce Development Board in Riverside on April 15, 2009. Charles Walker attended on behalf of Temecula. He spoke on the grant he received from the stimulus for the Youth in Government Employment. On April 23rd, staff and Chamber members met with Info USA regarding the purchase business data. This resource will be utilized by both City and Chamber to research and obtain information about various businesses for economic development purposes. On April 27th, staff attended the Partners in Education at the Temecula Valley Chamber of Commerce. On April 28th, staff met with Gordon Mize, R&D Specialist, of Lee & Associates to discuss the local commercial real estate market and available properties. On April 28th, staff met with Corey Martin of the Garrett Group to discuss local commercial real estate market and available properties. On April 29th, staff participated at Southwest CA Business Summit Committee at South Coast O Winery. All Cities and Chambers from southwest Riverside County participated. May On May 4th, staff met with the Chamber and the CVB. The CVB presented their Temecula Theme Park Map intended to be utilized by visitors engaging in various sporting events and activities for directional purposes. This would assist visitors to Temecula in locating restaurants, hotels, shopping, etc. when attending sport tournament games. On May 6th, staff attended the Southwest Regional Committee Meeting at Mt. San Jacinto College. The Committee discussed a Year One Strategy to identify and define the skills gap by segment, both industry segment and geographic areas. On May 7th, staff met with Melody Brunsting of Melody's Ads Work to discuss Hot Summer Nights. In addition to the entertainment in Old Town, the Children's museum in conjuction with participating Temecula Auto Dealers, will kick-off the "Cars Promotion Campaign." Coupons can be obtained at the Pennypickle's Workshop, Children's Museum and then redeemed at the Auto Dealers for free wristbands to attend the movie CARS on Friday, August 28 at Sam Hicks Park. Cars from local dealers will be displayed at Hot Summer Nights from 6-9 p.m. On May 7th, staff met with Janet Huff of Southern Californina Edison's Economic Development Business Department to share Edison's economic development activities and programs. She acts as a liaison to businesses wishing to remain, expand or relocate to Riverside. On May 216' , staff made a presentation at the EDC Board Meeting at Rancho Springs Medical Center on the City's vision in the next 10, 20 & 30 years from now relating to Economic O Development On May 26", staff met with Michelle Wright of Biocom to review the benefits of membership. Temecula's membership provides networking opportunities and potential business recruitments. O June On Monday, June 1", staff attended the Partners in Education Meeting at the Temecula Chamber. On June 2nd, staff participated in the Youth in Government Program with High School Students from Chaparral and Great Oak High School. On June 2nd and 18`n, staff met with Jon Laskin to go over the details, site plans etc. for the Jazz Festival held in Old Town Temecula on July 10 - 12. On June 3 d, staff participated in the Southwest WDB Advanced Manufacturing Committee strategic planning session. This session was designed to provide leadership to develop sustainable strategies and partnerships that close the skill gap for business and workers. The Committee decided upon two goals to be completed in 2009. Goal One is to "provide leadership to develop sustainable strategies and partnerships that close the skills gap for businesses and workers." Goal Two is to "sustain partnerships between business, education, workers and economic development agencies to address workforce issues." We decided to concentrate on three categories for goal one, medical/healthcare, utilities and advanced manufacturing. On June 24`h, staff attended the Economic Development Stakeholders and 1-15 Inter-Regional Partnership Meeting at Pala Mesa Resort. The topic discussed was the Economic Development Initiative Project Plan. Two Phases also discussed: Phase I: Identifying clusters and determining outcome; Phase 2: Identifying Economic Development strategies. On June 291h, staff met with Joanne Tawfilis, Founding Executive Director for the Art Miles Project. O The Art Miles Project consists of people of all ages from all over the world painting twelve miles and twelve themes of five by twelve ( 5' x 12) murals on canvas. Each mural mile consists of 440 murals which will be digitized and made into a cover fora framed Pyramid to be exhibited in 2010 to commemorate the International Decade for a Culture of Peace. In 2010, they hope to organize a gala event in Egypt, the country where murals originated, and literally create a 4`h pyramid installation exhibition. O ITEM NO. 29 O Approvals City.Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT O TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 28, 2009 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of June, 2009. O MEMORANDUM O TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supe vi r 1989 DATE: July 6, 2009 SUBJECT: Monthly Activity Report - June, 2009. The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of June, 2009: 1. SIGNS A. Total signs replaced 43 B. Total signs installed 18 C. Total signs repaired 23 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns O 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. 546 New and repainted legends O B. 0 L.F. of new and repainted red curb and striping 34 6,547 41 308 3,600 149 8,932 R_U AINTAINWOACT " Also, City Maintenance staff responded to 103 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 45 quests for the month of May, 2009 service order requests The Maintenance Crew has also put in 38.5 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 ofJune, 2009 was $12. to $223.205.78 for the month of May, 2009. 914.95 compared Account No. 5402 $ 12,914,95 Account No. 5401 $ Account No. 999-5402 $ . Electronic Copies: Amer Attar Principal Engineer (CIP) Dan York City Engineer Jerry Gonzalez - Associate Engineer (Traffic) RAMMNTAIM OAC Rn '0 0 DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2006-2009 0 Date Submitted: 06-Jul-09 Submitted BY: GREG BUTLER Prepared By: RODNEY TIDWELL " JANUAR Y.: „F,EBRUARY f MARCH gPRIL MAY . NE 4- 2ND HALF TOTALS - ^YEAR?TO•DATE-- ~ . A lt J h b P f ~ sp a o s er ormed on r t S F 0 0 3 0 ~ 0 3 3 C c e e quare eet D l 0 0 0 0 0 0 2 45 ra nege Channels 0 2 2 0 0 , > 2 TOTAL COSTS $0.00 $10,679.68 $79,182.00 $0.00 $0.00 $89,861.80 $164708.48 CONTRACT STRIPING Striping Linear Feet 0 0 5 Sandblasting Linear Feet 0 0 0 p 0 0 11942,52 1,942,525 3,885,050 TOTAL COSTS $0.00 $0.00 $0.00 $0.00 s ` $131682.78 t?~cnZ",-,„c5000;=: 0 $131,682.78 0 $263052.78 TREE CONTRACTORS Trees Trimmed Trees Removed 212 0 540 3 293 0 126 0 409 22 Y '0 1,580 3,531 - - 25 45 TOTAL COSTS $10600.00 $27976.00 $14,650.00 $6300.00 y $22,154.00$000 $99330.00 $128,247,00 R.O.W. SPRAYING -SO. FEET TOTAL COSTS 385,000 225,000 135,000 43,260 380,000 - x'67 D0; y~ 893,260 1,747,400 $20,181.25 $12,73115 $7,700.00 $9,750.00 $19,200.00 ,;.-7,~O,ORg $73,312.50 $94,575.00 CITY MAINTENANCE CREW ~ Signs Replaced Signs Installed 45 14 34 17 27 34~~'V`"< 3 200 650 Catch Basins Cleaned 569 11 411 14 137 4 342 16~ 40= 77 95 Trees Trimmed R O W W 59 14 5 16 1 5~ 434' 1,907 133 3,103 439 . . . eed Abatement 2,000 28,000 0 43,260 0 E;~~~ 3 BAD 76 860 79 310 New & Repainted Legends 11 0 93 72 405s~5 'fi' , 1 , After Hours Call Outs 48 66 114 86 q 63 ''z 3S ,127 2,926 Service Order Requests ffiti R G l 57 39 38 44 ~ 45,E~103` xN 416 326 4,990 608 emova ra •S Ft 10187 4003 11 314 10 945 8 028 85 2= , , , 3 53,409 86,976 TOTAL COSTS $28 027.24 $34 891.56 $101,532.00 $24,330.90 ig- m ` s $176,036.78;$ 750 00'< $368 568.48 $625 436.02 m,twr DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2008 - 2009 ~)•'F ,.I~' ) udttf#,l3DARILE[~Ikltl i7" ,o °~iI+IF~> Dale Submitted: July 6, 2009 Submitted By: Greg Butler Prepared By: Rodney Tidwell " SCOPE.OF WORK rvYrcn COMPLETED 'APR. 109 COST:FOR APR .,09 WORK COMPLETED ,MAY„'.09. --WORK' COSTFOR MAY tOMIPLETED COST.FOR JUNE TOTAL COST FOR s~09 Q_JUNE:~09~0%9 0, ,THI&F.ISCAL;YEAR TOTAL COSTFOR LAST FISCAL YEAR, c , ASPHALT AC Square Footage: 11,307 $33,581.79 6,686 $19,857.42 $i 9T44 9a $220,978.22 $214,688.23 Tons: 105 75 • SIDEWALK CURB 8 GUTTER REPAIR : ` - c Square Footage: 0 §0.00 0 $0.00 voga $0.00 $18 620.00 PCC Yards: 0 $0.00 0 $0.00 `$D Q0 ~ A $23,785.00 , $0.00 - STRIPING LINEAR FEET: 0 $0 00 ~ ~ $ . 0 $0.00-,,, 3+~,~ q OQ $131,385.09 $269 156 91) [N-HOUSE PAINTING LEGENDS: ~ , . 72 $576.00 405 $3240.00 .4 ~S4 38$:0 $28 408.00 $18 522 00 SIGNS REPLACED r< , . Material: 27 $1,350.00 34 $1,700.00 $32,500.00 $36,050.00 Labor: $712.53 $897.26 _=`Y~134~7~7fi 1 z $17,153.50 $18,185.91 SIGNS INSTALLED - 1 Material: Labor: 4 $200.00 $105.58 16 $800.00 ON D~00 - ' $422 24 7 10 $4,750.00 $22,300,00 . ,.g 2; $2,506.66 $11,188,16 GRAFFITI Square Footage: 10,945 8,02 8 ZB 93 z DRAINAGE CHANNELS CLEANED Basins: Channels: 342 1 $9,025.38 $7 428 00 140 $369460 ~'s~°,1 ~ OS - a 83'L81¢,-^"a $109,070.57 $45,941.78 , . 1 $37,500.00 ~ $103,237.78 $192,061.93 IN-HOUSE TREES TRIMMED: 16 $422 24 5 $131 9 Y > - 7 2 ~ 4 SERVICE ORDER REQUESTS . . 5 y 5.. $88 6 ' $11 453.26 $5106.66 44 ;yz ~ N 26 W AFTER HOURS CALL OUTS: 45 I 1µ4'a 103 ~ ~ ~ " ~ 88 $3,404.74 63 c . ~:cm 'va $2494 17 R.O.W. WEED ABATEMENT; . $61,986.82 43,260 $1,470.84 0 ~ 800 $1` 4D}:~ $2939.96 $304.32 TOTALS $58,277.08 737:64 ' $70 73 , 6,586.40 $ $914,152.73 STREET MAINTENANCE CONTRACTORS O Phe following contractors have performed the following projects for the month of,Iune, 2009 DATE SCRIPTION E:::: TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR RE NE'SCOMMERCIALMANAGEMENT Date: 06.03.09 CITYWIDE 2ND APPLICATION OF "POST-EMERGENT" HERBI- CIDES TO CITY R.O. W. # 5402 TOTAL COST $ 3,750.00 Date: 06.15.09 CITY LOT. FRONT STREET AT MISCELLANEOUS DEBRIS PICK-UP TEMECULA PARKWAY # 5402 TOTAL COST $ 3,514.00 Date: 06.30.09 CITYWIDE WEED ABATEMENT, TRASH PICK-UP # 5402 TOTAL COST $ 5,650.95 Date: # TOTAL COST +CONTRACTOR. . ' ` G Date: # TOTAL COST Date: TOTAL COST ° . Date: TOTAL COST Date: # TOTAL COST TOTAL COST ACCOUNT #5401 -0- TOTAL COST ACCOUNT #5402 $12,914.95 TOTAL COST ACCOUNT 499-5402 - 0 - O R:\MAINPJNU 0ACl'R VI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JUNE, 2009 77 - DATE . ' LOCATION SCOPE QF WORK. S F TOTAL TONS 06/01109 NICOLAS ROAD POTHOLES 45 1 06/01/09 FELIX VALDEZ POTHOLE 4 1 06101/09 SANTIAGO AT C STREET POTHOLE 6 1 06/01/09 PAUBA AT ELINDA POTHOLE 6 1 06/01/09 VIATORENO POTHOLE p 1 06/01/09 MEADOWS PARKWAY AT PASEO DE LAS OLAS POTHOLES g 1 06/01/09 JEDEDIAH SMITH AT TEMECULA PARKWAY POTHOLES 4 ! 06/01109 RAINBOW CANYON ROAD EDGE OF PAVEMENT 15 1.5 06/02/09 41M1 STREET AT FRONT AC 1 1 06/02/09 YNEZ AT VIA HALCON OIL 1 1 06/02109 PIO PICO ROAD AC O/L 1167 q 06103/09 OVERLAND TRAIL POTHOLES 2 1 06/03/09 YNEZ AT RANCHO VISTA POTHOLES 2 1 06/03/09 RANCHO CALIFORNIA ROAD POTHOLES qt 1 06/03/09 RANCHO CALIFORNIA ROAD - AC O/L gg 1 06/03/09 RAINBOW CANYON ROAD EDGE OF PAVEMENT 20 4 06/04/09 JEFFERSON AT WINCHESTER AC O/L 90 1 06/04/09 31371 CHANTERBERRY AC O/L 169 1 06/04/09 TEMEKU AC O/L 24 1 06/04/09 PIO PICO AC O/L 651 q 06/05/09. RANCHO CALIFORNIA ROAD AT YNEZ POTHOLE 5 06/08/09 PIO PICO ROAD - AC OIL 1,140 06/08/09 RAINBOW CANYON ROAD EDGE OF PAVEMENT 20 4 06/09/09 REDHAWK AT WOLF VALLEY POTHOLE 4 06/09/09 PIO PICO AC OIL 414 06/09/09 3RD STREET AC O/L 471 06/09/09 NO. GENERAL KEARNY AC O/L 18 3.5 06/10/09 PIO PICO AC O/L 765 R:WAINTAINIWKCMPLTDI SPIIAl.T.RP R DATE LOCAIIOIV SCOPE OF'4yORK S.I. OOAL TONS C 116/10/09 AGENA AC O/L~ 96 06/1009 MARGARITA ROAD AT PAUBA ROAD POTHOLE 4 06/10/09 RANCHO VISTA AT VIA EL GREGO POTHOLE 3 06/10/09 MARGARITA AT SANTIAGO POTHOLE 1 06/10/09 YNEZ AT PAUBA POTHOLE 4 3.5 06/15/09 NICOLAS ROAD POTHOLES 65 06/15/09 CALLE PIh1A COLADA POTHOLES 10 06/15/09 FRONT STREET POTHOLES 4 06/15/09 MARGARITA ROAD POTHOLES 7 06/15109 YNEZ ROAD POTHOLES 6 06/15/09 PIO PICO AC O/L 189 2 06/17/09 ALPINE AT LOCUST STREET R & R 24 2 06/18/09 BASSWOOD AT JUNIPER POTHOLE 2 06/22/09 NICOLAS ROAD POTHOLE 10 06/22109 RANCHO CALIFORNIA ROAD AT DIAZ POTHOLE 10 06/22/09 SANBORN AT JEFFERSON POTHOLE 3 "~J/22/09 MARGARITA AT JEFFERSON POTHOLE 8 06/22/09 MARGARITA AT PIO PICO POTHOLE 11 2 06/23109 JUNIPER WAY AT BASSWOOD R & R 18 06/23/09 43707 ALCOBA R & R 12 06/23/09 PUJOL AT CITY LIMITS POTHOLES 15 4.5 06/25/09 PIC PICO AT DE PORTOLA - R & R 110 06/25/09 PIC PICO AT DE PORTOLA AC OIL 90 06/25/09 MANZANO AC O/L 348 5 06/29/09 CITYWIDE POTHOLES 84 06/29/09 PUJOL AT SANTIAGO AC O/L 200 1 O TOTAL S.F. OF REPAIRS 6.547 TOTAL TONS 41 R9MAlP AIRIWRCMPLTUb1SPHACCRPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JUNE, 2009 DATE ; - IYOCATIOPT x... WORK COMP-LETED 06/01/09 CITYWIDE "HOT SPOTS" CLEANED & CHECKED 12 CATCH BASINS 06102109 PAUBA ROAD AT MARGARITA ROAD CLEANED & CHECKED 1 CATCH BASINS 06/02109 AREA #2 CLEANED & CHECKED 3 CATCH BASINS 06/04/09 AREAS #1 & #2 CLEANED & CHECKED 16 CATCH BASINS 06108/09 CITYWIDE "HOT SPOTS' CLEANED & CHECKED 15 CATCH BASINS 06/09109 AREA #1 (S.O.R.) CLEANED & CHECKED 5 CATCH BASINS 06/09/09 AREA #5 CLEANED & CHECKED 30 CATCH BASINS 06/10/09 AREA 95 CLEANED & CHECKED 38 CATCH BASINS 06/10/09 AREA #5 CLEANED & CHECKED 12 CATCH BASINS 06/15/09 CITYWIDE CLEANED & CHECKED 10 CATCH BASINS 06/17/09 AREA #5 CLEANED & CHECKED 31 CATCH BASINS 06118/09 AREAS #1 & #5 CLEANED & CHECKED 41 CATCH BASINS 06122109 CITYWIDE "HOT SPOTS" CLEANED & CHECKED 14 CATCH BASINS 06/23/09 HOTSPOTS CLEANED & CHECKED 28 CATCH BASINS 06/24/09 AREAS #1 & #4 CLEANED & CHECKED 24 CATCH BASINS 06129/09 HOT SPOTS CLEANED & CHECKED 17 CATCH BASINS 06/30/09 OLD TOWN CLEANED & CHECKED 11 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 308 RAMAIWMMWKCMPL% CAI CHOAM CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS O ROADS DIVISION GRAFFITI REMOVAL MONTH OF JUNE, 2009 C C I DATE LOCATION WORK COMPLETED 06/01109 15 FWY. AT TEMECULA PARKWAY REMOVED 38 S.F. OF GRAFFITI 06/01/09 MARGARITA ROAD AT SANTA GERTRUDIS BRIDGE REMOVED 50 S.F. OF GRAFFITI 06/01/09 27288 WINCHESTER ROAD REMOVED 160 S.F. OF GRAFFITI 06/01109 WINCHESTER ROAD AT RUSTIC GLEN REMOVED 160 S.F. OF GRAFFITI 06/01/09 MARGARITA ROAD AT SANTA GERTRUDIS BRIDGE REMOVED 571 S.F. OF GRAFFITI 06/01/09 CALLE MEDUSA AT CALLE KATERINE REMOVED 1 S.F. OF GRAFFITI 06/01/09 BUTTERFIELD STAGE ROAD AT CHEMIN CLINET REMOVED 2 S.F. OF GRAFFITI 06101/09 CALLE MEDUSA AT CALLE KATERINE REMOVED 65 S.F. OF GRAFFITI 06/01/09 MARGARITA ROAD AT STONEWOOD REMOVED 16 S.F. OF GRAFFITI 06/01/09 TARGETCENTER REMOVED 84 S.F. OF GRAFFITI , 06/01/09 TOWER PLAZA REMOVED 128 S.F. OF GRAFFITI 06/01/09 RAINBOW CANYON ROAD REMOVED 8 S.F. OF GRAFFITI 06/01/09 VIA RIO TEMECULA AT CORTE CAPISTRANO REMOVED 1 S.F. OF GRAFFITI 06/01/09 26810 YN EZ REMOVED 40 S.F. OF GRAFFITI 06101/09 EAST END OF DE PORTOLA REMOVED 4 S.F. OF GRAFFITI 06101109 DE PORTOLA AT VIA SABINO REMOVED 8 S.F. OF GRAFFITI 06/02/09 40636 WINDSOR ROAD REMOVED 60 S.F. OF GRAFFITI 06/02/09 41173 PROMENADE CHARDONNAY HILLS REMOVED 1 S.F. OF GRAFFITI 06102109 MORAGA AT SAGE CANYON APARTMENTS REMOVED 3 S.F. OF GRAFFITI 06/02/09 MORAGA AT TEMECULA ELEMENTARY SCHOOL REMOVED 3 S_F. OF GRAFFITI 66/02/09 SUNNY MEADOWS AT MEADOWS PARKWAY REMOVED 2 S.F. OF GRAFFITI 66/02/09 PAUBA ROAD AT MEADOWS PARKWAY REMOVED 2 S.F. OF GRAFFITI 06/02/09 SOLANA ROAD BETWEEN RYCREST AND MARGARITA ROAD REMOVED 4 S.F. OF GRAFFITI 08102/09 MARGARITA ROAD AT SOLANA RIDGE REMOVED 2 S.F. OF GRAFFITI 06/02/09 LYNDIE LANE AT RANCHO CALIFORNIA ROAD REMOVED 4 S.F. OF GRAFFITI \06/03/09 PROMENADE CHARDONNAY HILLS AT RUE JADOT REMOVED 2 S.F. OF GRAFFITI 06/03109 31707 AHERN STREET REMOVED 2 S.F. OF GRAFFITI RAMAINTA I NtWKCMP TMGRAFFITI\ DATE LOCATION WORK COMPLETED 06/04109 DEER MEADOWS AT HOLDEN CIRCLE REMOVED 8 S.F. OF GRAFFITI 06/04/09 30677 CALLE POA COLADA REMOVED 4 S.F. OF GRAFFITI 06/04/09 30787 CALLE PINA COLADA REMOVED 6 S.F. OF GRAFFITI 06/04/09 RANCHO CALIFORNIA ROAD AT CALLE BUENA VISTA REMOVED 2 S.F. OF GRAFFITI 06/05/09 MAGENTA COURT REMOVED 20 S.F. OF GRAFFITI 06/08/09 1-15 FWY. AT GOLD'S GYM REMOVED 60 S.F. OF GRAFFITI 06/08/09 YNEZ ROAD AT WINCHESTER ROAD REMOVED 1 S.F. OF GRAFFITI 06/08/09 28450 FELIX VALDEZ REMOVED 290 S.F. OF GRAFFITI 06/08/09 PECHANGA PARKWAY AT VIA EDUARDO REMOVED 3 S.F. OF GRAFFITI 06/08109 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 40 S.F. OF GRAFFITI 06/08/09 BEHIND TARGET CENTER REMOVED 27 S.F. OF GRAFFITI 06/08/09 YNEZ ROAD AT YNEZ COURT REMOVED 552 S.F. OF GRAFFITI 06/08/09 MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 310 S.F. OF GRAFFITI 06/08/09 DIAZ ROAD AT SOUTHWEST TRADERS REMOVED 5 S.F. OF GRAFFITI 06/09109 28073 DIAZ ROAD REMOVED 1 S.F. OF GRAFFITI 06/09/09 WOLF VALLEY AT REDHAW K REMOVED 1 S.F. OF GRAFFITI 06/09/09 TEMECULA CREEK BETWEEN BUTTERFIELD & REDHAWK REMOVED 282 S.F. OF GRAFFITI 06110/09 MEADOWS PARKWAY AT PARDUCCI REMOVED 6 S.F. OF GRAFFITI 06/10109 VIA LOBO AT DEER MEADOWS REMOVED 8 S.F. OF GRAFFITI 06/10/09 CAMPANULA AT HOME DEPOT REMOVED 33 S.F. OF GRAFFITI 06/12/09 LONG RIDGE AT CANYON BLUFF REMOVED 6 S.F. OF GRAFFITI 06/12/09 ROCK BLUFF AT RAINBOW CREEK REMOVED 6 S.F. OF GRAFFITI 06/12/09 MANCERA AT CHANTEMAR REMOVED 3 S.F. OF GRAFFITI 06112/09 MARGARITA ROAD AT VERDES REMOVED 9 S.F. OF GRAFFITI 06/12/09 MARGARITA AT NO. GENERAL KEARNY REMOVED 1 S.F. OF GRAFFITI 06115/09 FELIX VALDEZ AT 6" STREET REMOVED 2 S.F. OF GRAFFITI 06/15/09 44900 TEMECULA LANE REMOVED 2 S.F. OF GRAFFITI 06/15/09 PECHANGA PARKWAY AT U-STORE IT REMOVED 40 S.F. OF GRAFFITI 06/15/09 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 1 S.F. OF GRAFFITI 06/15/09 REDHAWK BRIDGE AT TEMECULA CREEK REMOVED 290 S.F. OF GRAFFITI 06/15/09 RANCHO CALIFORNIA ROAD AT TEMECULA CREEK REMOVED 95 S.F. OF GRAFFITI C C O DATE LOCATION WORK COMPLETED 06/15/09 VIA LUCIDO AT SANTA YNEZ REMOVED 3 S.F. OF GRAFFITI 06/15/09 OVERLAND TRAIL AT BANANAL WAY REMOVED 1 S.F. OF GRAFFITI -06/15/09 TARGET CENTER REMOVED 31 S.F. OF GRAFFITI 06/15/09 YNEZ ROAD AT YNEZ COURT REMOVED 36 S.F. OF GRAFFITI 06/15/09 YNEZ BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 170 S.F. OF GRAFFITI 06/15/09 CALLE MEDUSA AT CALLE KATERINE REMOVED 11 S.F. OF GRAFFITI 06/16/09 VIA GILBERTO AT PECHANGA CREEK REMOVED 699 S.F. OF GRAFFITI 06/16/09 VIA RIO TEMECULA AT VIA LUCIDO REMOVED 2 S.F. OF GRAFFITI 06/16109 OVERLAND TRAIL AT BANANAL WAY REMOVED 3 S.F. OF GRAFFITI 06117/09 SHARON STREET AT ROMANCE PLACE REMOVED 2 S.F. OF GRAFFITI 06/17/09 ROMANCE PLACE AT JANE PLACE REMOVED 65 S.F. OF GRAFFITI 06/17/09 VINE STREET AT PEACH TREE REMOVED 313 S.F. OF GRAFFITI 06/17109 33130 MONROY CIRCLE REMOVED 2 S.F. OF GRAFFITI 06/17/09 BUTTERFIELD STAGE ROAD REMOVED 16 S.F. OF GRAFFITI 06/17/09 VINE STREET AT PEACH TREE REMOVED 72 S.F. OF GRAFFITI 06/19/09 CORTE SONORA AT PASEO GOLETA REMOVED 16 S.F. OF GRAFFITI 06/19/09 VIA RIO TEMECULA AT COUNTRY GLEN REMOVED 32 S.F. OF GRAFFITI 06122/09 AVENIDA DE MISSIONS REMOVED 340 S.F. OF GRAFFITI 06/22109 MURRIETA CREEK AT RANCHO CALIFORNIA ROAD REMOVED 14 S.F. OF GRAFFITI 06/22/09 RANCHO CALIFORNIA ROAD AT 15 FWY REMOVED 29 S.F. OF GRAFFITI 06/22/09 PALM PLAZA REMOVED 386 S.F. OF GRAFFITI 06/22/09 CALLE PINA COLADA AT DEL REY REMOVED 8 S.F. OF GRAFFITI 06/22109 DAVANA WAY REMOVED 40 S.F. OF GRAFFITI 06/22/09 MARGARITA AT RUSTIC GLEN REMOVED 1 S.F. OF GRAFFITI 06/22109 MARGARITA ROAD AT HARVESTON SCHOOL ROAD REMOVED 5 S.F. OF GRAFFITI 06/22/09 40253 MARGARITA ROAD REMOVED 2 S.F. OF GRAFFITI 06/22/09 NO. GENERAL KEARNY AT CALLE PIMA COLADA REMOVED. 9 S.F. OF GRAFFITI 06/22/09 VIA NORTE AT CALLE PIIJA COLADA REMOVED 1 S.F. OF GRAFFITI 06/22/09 DEL REY AT CALLE PINA COLADA REMOVED 3 S.F. OF GRAFFITI 06/22109 MARGARITA ROAD AT RANCHO CALIFORNIA ROAD REMOVED 93 S.F. OF GRAFFITI 06/22/09 CAMINO ROSALES AT CALLE TIARAS REMOVED 1 S.F. OF GRAFFITI R9MAI WAIMwKCMYLTMGR AFPll 11 DATE, ` LOCATION WORK COMPLETED 06/22/09 06/22/09 RANCHO CALIFORNIA ROAD ATTOWN CENTER MARGARITA ROAD AT AVENIDA SONOMA 06/22/09 06/22/09 DEL REY AT CALLE PINA COLADA NO. GENERAL KEARNY AT CALLE PINA COLADA 0 06/23/09 .06/23/09 06/23/09 06/23/09 YNEZ AT RANCHO CALIFORNIA ROAD RANCHO CALIFORNIA ROAD AT 1-15 FWY. TOWER PLAZA AT I-15 FWY. WINCHESTER BRIDGE AT SANTA GERTRUDIS CREEK % 06/23/09 END OF NO. GENERAL KEARNY REMOVED 1 S.F. OF GRAFFITI 06/23/09 06/23/09 NO. GENERAL KEARNY AT SANTA GERTRUDIS CREEK MARGARITA ROAD AT SANTA GERTRUDIS CREEK REMOVED REMOVED 17 S.F. OF GRAFFITI 36 S.F. OF GRAFFITI 06/23/09 06/23/09 MAIN STREET BRIDGE MARGARITA AT OVERLAND TRAIL REMOVED REMOVED 21 S.F. OF GRAFFITI 1 S.F. OF GRAFFITI 06/25/09 VALENTINO WAY AT TIBURCIO DRIVE REMOVED 10 S.F. OF GRAFFITI 06/25109 RANCHO CALIFORNIA ROAD AT 1-15 FWY. REMOVED 10 S.F. OF GRAFFITI 06/25/09 FRONT STREET PARK-N-RIDE REMOVED 10 S.F. OF GRAFFITI 06/25/09 TEMECULA CREEK AT BUTTERFIELD STAGE ROAD REMOVED 176 S.F. OF GRAFFITI 06/25/09 RANCHO CALIFORNIA ROAD AT JEFFERSON REMOVED 4 S.F. OF GRAFFITI 06/25/09 FRONT STREET AT MORENO REMOVED 6 S.F. OF GRAFFITI 06/25/09 VIA RIO TEMECULA AT AVENIDA DE MISSIONS REMOVED 4 S.F. OF GRAFFITI 06/25109 TEMECULA PARKWAY AT MARGARITA ROAD REMOVED 4 S.F. OF GRAFFITI 06/26/09 COUNTRY GLEN WAY AT VIA RIO TEMECULA REMOVED 27 S.F. OF GRAFFITI 06/26/09 MARGARITA ROAD AT SOLANA RIDGE REMOVED 2 S.F. OF GRAFFITI 06/26/09 MARGARITA ROAD AT OVERLAND REMOVED 1 S.F. OF GRAFFITI 06/26/09 40552 MARGARITA ROAD REMOVED 1 S.F. OF GRAFFITI 06/26/09 40466 MARGARITA ROAD REMOVED 6 S.F. OF GRAFFITI 06/26/09 MARGARITA ROAD AT VERDES REMOVED 1 S.F. OF GRAFFITI 06126/09 MARGARITA ROAD AT OVERLAND REMOVED 11 S.F. OF GRAFFITI 06/26/09 41347 MARGARITA ROAD REMOVED 3 S.F. OF GRAFFITI 06/29109 MARGARITA ROAD AT STONEWOOD REMOVED 21 S.F. OF GRAFFITI 06/29/09 1-15 FWY AT TEMECULA CREEK REMOVED 53 S.F. OF GRAFFITI R:WIAl WAIMW KCMPLTMGRAFRTI\ O O C C C DATE-: S LOCATION WORK COMPLETED 106/29109 CALLE PINA COLADA AT DEL REY REMOVED 5 S.F. OF GRAFFITI 06/29/09 LA SERENA AT CAMINO CORTO REMOVED 2 S.F. OF GRAFFITI 06129109 1-15 FWY AT TEMECULA PARKWAY REMOVED 315 S.F. OF GRAFFITI 06/29/09 29141 VALEJO ROAD REMOVED 10 S.F. OF GRAFFITI 06129/09 SANTIAGO ROAD AT C STREET REMOVED 60 S.F. OF GRAFFITI 06/29/09 RANCHO CALIFORNIA ROAD BRIDGE AT 1-15 FWY . REMOVED 5 S.F. OF GRAFFITI 06/29/09 RANCHO CALIFORNIA ROAD AT TOWN CENTER REMOVED 6 S.F. OF GRAFFITI 06/29109 TARGET CENTER REMOVED 30 S.F- OF GRAFFITI 06/30/09 LOMA LINDA AT VIA DEL CORONADO REMOVED 30 S.F- OF GRAFFITI 06/30/09 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 1 S.F. OF GRAFFITI 06/30/09 SEAGULL WAY AT BADGER REMOVED 30 S.F. OF GRAFFITI 06/30/09 WOLF VALLEY AT WOLF CREEK REMOVED 10 S.F. OF GRAFFITI 06/30/09 28165 JEFFERSON REMOVED 80 S. F. OF GRAFFITI 06/30/09 MEADOWS AT LA SERENA REMOVED 2 S.F- OF GRAFFITI 06/30/09 TEMECULA LANE AT LOMA LINDA REMOVED 4 S.F. OF GRAFFITI 06/30/09 42101 MORAGA REMOVED 39 S.F. OF GRAFFITI 06/30/09 TARGET SHOPPING CENTER REMOVED 418 S.F. OF GRAFFITI 06/30/09 29766 RANCHO CALIFORNIA ROAD REMOVED 42 ST. OF GRAFFITI 06/30/09 42210 LYNDIE LANE REMOVED 3 S.F. OF GRAFFITI 06130/09 RANCHO CALIFORNIA ROAD REMOVED 2 S-F. OF GRAFFITI 06/30/09 YNEZ ROAD AT WINCHESTER ROAD REMOVED i S.F. OF GRAFFITI 06130/09 41005 WINCHESTER REMOVED 18 S.F. OF GRAFFITI 06/30/09 40949 WINCHESTER ROAD REMOVED 50 S.F. OF GRAFFITI 06130/09 SANTA GERTRUDIS CREEK AT MARGARITA ROAD REMOVED 472 S.F. OF GRAFFITI 06/30/09 SANTA GERTRUDIS CREEK AT WINCHESTER ROAD REMOVED 467 S.F. OF GRAFFITI 06/30/09 NICOLAS AT NO. GENERAL KEARNY REMOVED 162 S.F. OF GRAFFITI 06/30/09 CROSS CREEK AT SILVER RIDGE REMOVED 6 S.F. OF GRAFFITI 06130/09 SANTA GERTRUDIS CREEK AT NICOLAS REMOVED 16 S.F. OF GRAFFITI 06130/09 NO. GENERAL KEARNY AT NICOLAS REMOVED 12 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 8,932 TOTAL LOCATIONS 149 R9MA WfAIMW KCMPLTO\GAFFITI\ CITY OF TEMECULA 2009 GRAFFITI REMOVAL 5. ARE F TAGS January.' ' .`.':10,187 February 4,003 March 11,314 April.'::' 10,945 May 8,028 June 8,932 July August September November TOTAL C44 4§ January 37. February 30 March 167 April 132 May 74 June 149 July August SentPmhPr November 1000 Totals for the Year To Date: July 1, 2009 Sq. Foot 53,409 Calls 589 RWAINIINANI M11' RAl19r1CkpRr09J i~ JAN FES MAR APR MAY JUNE JULY AUG SEPT OCT NOV 0EC -w SQ FT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS O ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 2009 DATE RECD LOCATION REQUEST 7DAMTE WORK LETE D 05/29/09 NICOLAS ROAD AT CALLE MEDUSA ASPHALT REPAIR 06/01/09 05129/09 FELIX VALDEZ ASPHALT REPAIR 06/01/09 05/29/09 32371 VIA DESTELLO TREE 06/02/09 06/01/09 CARLETON AT GEORGETOWN WEEDS 06/02/09 06/01109 42050 DLR DRIVE GRAFFITI 06/01/09 06/01/09 REDHAWK PARKWAY AT VIA SALTIO DEBRIS IN ROAD 06/01/09 06/01109 SOLANO AT MARGARITA GRAFFITI 06/02/09 06/01/09 SUNNY MEADOWS AT MEADOWS PARKWAY GRAFFITI 06102/09 06/01/09 PAUBA AT MEADOWS PARKWAY GRAFFITI 06/02/09 06/01/09 30999 SHABA COURT TREE 06/03/09 ' ~ ~6/01/09 41138 PROMENADE CHARDONNAY HILLS GRAFFITI 06/02/09 1 1 06/01/09 MORAGA AT SAGE CANYON APARTMENTS GRAFFITI 06/02/09 06/01/09 TEMECULA ELEMENTARY SCHOOL GRAFFITI 06/01/09 06/02/09 43993 NORTH GATE LANE TREE 06/10/09 06102/09 WINCHESTER ROAD AT 1-15 FWY DEBRIS IN ROAD 06/02/09 06/03/09 CAMINO MAREA AT VIA ALTURAS SIGN REPAIR 06/04/09 06103/09 PROMENADE BORDEAUX GRAFFITI 06/03/09 06/03/09 VAN OW EN AT EMBASSY MANHOLE LID 06/04109 06/04109 MORAGA AT SAGE CANYON APARTMENTS DEBRIS 06/05/09 06/04/09 42084 SWEET SHADE LANE BROKEN FENCE 06/04/09 06/04/09 43395 FASSANO COURT GRAFFITI 06104/09 06/04/09 30677 CALLE PINA COLADA GRAFFITI 06104/09 06104/09 30476 & 30488 DEER MEADOWS ROAD GRAFFITI 06/04/09 06/05/09 NB/ MARGARITA BETWEEN CIMA DEL SOL &.MORAGA TREE 06/05/09 06/05/09 BUTTERFIELD STAGE ROAD GRAFFITI 06/08/09 06/05/09 EAGLE POINT / ROYAL OAKS USA MARKINGS 06/09/09 x/07/09 45911 PIUTE STREET GRAFFITI 06108/09 R:I WrA1MWRXMllPLTD 0RS1 DATE RECD LOCATION ' . REQUEST DATE WORK COMPLETED 06108/09 MARGARITA AT SOLANA DEBRIS 06/08109 06/08/09 32155 TEMECULA PARKWAY DEBRIS 06/08/09 06/08/09 MARGARITA AT AVENIDA CIMA DEL SOL CATCH BASIN 06109/09 06/08/09 MARGARITA AT STONEWOOD DEBRIS 06!08/09 06/08/09 LA SERENA AT MEADOWS PARKWAY DEBRIS 06/09/09 06/09/09 AGENA STREET AT SKY TERRACE POTHOLE 06/10/09 06/10109 38426 PUJOL DEBRIS 06/18/09 06/10/09 RANCHO CALIFORNIA ROAD AT MEADOWS PARKWAY GRAFFITI 06/10/09 06/10/09 41400 BITTER CREEK COURT TREE 06/10/09 06/10109 CAMPANULA AT HOME DEPOT GRAFFITI 06/10/09 06/10/09 28426 PUJOL STREET DEBRIS 06!11/09 06/10/09 28426 PUJOL STREET DEBRIS 06/11/09 06/10109 LONG RIDGE DRIVE AT ROCK BLUFF GRAFFITI 06/12/09 06/11/09 VERDES LANE AT MARGARITA GRAFFITI 06/12/09 06/12109 CALLE MEDUSA AT CALLE KATERINE GRAFFITI 06/15/09 06/12/09 28952 NEWPORT DEBRIS 06/12/09 06/12/09 29863 VIA PUESTA DEL SOL CATCH BASIN 06/15/09 06/12/09 VINTAGE HILLS AT RANCHO CALIFORNIA ROAD GRAFFITI 06/12/09 06/12/09 REDWOOD STREET (WOLF CREEK) ASPHALT REPAIR 06/16109 06/12109 MARGARITA AT STONEWOOD DEBRIS 06/12/09 06/12/09 ROYAL CREST AT BUTTERFIELD STAGE ROAD DEBRIS 06112/09 06/14/09 CALLE MEDUSA AT POWER LINE EASEMENT GRAFFITI 06115/09 06/14/09 VIA LUCIDO AT VIA SANTA INEZ GRAFFITI 06/15/09 06/15/09 VIA GILBERTO AT VIA EDUARDO GRAFFITI 06/16109 06/15/09 RAINBOW CANYON VILLAGES WEEDS 06/15/09 06/15/09 OVERLAND TRAIL AT BANANAL WAY GRAFFITI 06/15109 06115/09 41971 VARDON DRIVE TREE 06116/09 06/16/09 BANANAL WAY AT OVERLAND TRAIL GRAFFITI 06/16/09 06/16109 VIA LUCIDO AT VIA RIO TEMECULA GRAFFITI 06/16/09 06/16/09 ROMANCE PLACE AT JANE PLACE GRAFFITI 06/17/09 06/16/09 33130 - 33120 MONROY CIRCLE GRAFFITI 06/17/09 06/16/09 PEACH TREE AT VINE GRAFFITI 06/17/09 R:IMAINTAlN WRKCONPLTDLGRSI G 0 O DATE 31 C'D I OCATION -J 06/17/09 RANCHO CALIFORNIA ROAD AT TOWER PLAZA 06/18/09 40435 CALLE FIESTA 06/18/09 GEORGE 06/18/09 MORAGA AT RANCHO CALIFORNIA ROAD 06/18109 CORTE SONOMA AT PASEO GOLITA 06/18/09 "PALMOAREA" 06/19/09 CALLE CABALLOS AT VIA TAMARITE 06/19/09 WOLF VALLEY AT NIGHTINGALE 06/19/09 PASEO GOLITA AT CORTE SONOMA 06119/09 45886 DAVANA WAY 06/19/09 32107 VIA BENABARRE 06/19/09 KINGSTON DRIVE AT PENBROOK 06/19/09 NIGHTHAWK PASS AT MORGAN HILL 06/20/09 NO. GENERAL KEARNY AT CALLE PINA COLADA 06/22/09 OVERLAND TRAIL -06122109 CINON AT VAIL RANCH ROAD 1 6/22/09 MARGARITA ROAD AT RANCHO CALIFORNIA ROAD 06/22/00 NO. GENERAL KEARNY AT CALLE PINA COLADA 06/22/09 DEL REY AT CALLE PINA COLADA 06/22/09 WB RANCHO CALIFORNIA ROAD AT TOWN CENTER 06/22/09 MARGARITA AT AVENIDA SONOMA 06/22/09 MURRIETA CREEK BIKE TRAIL 06/23/09 28955 PUJOL 06/23/09 43703 ALCOBA DRIVE 06/23/09 COUR BEAUNE 06/23/09 TIBURCIO DRIVE AT VALE14TINO 06/24/09 44557 LA PAZ ROAD 06/24/09 30250 SANTIAGO ROAD 06124/09 42126 SWEET SHADE LANE 06/25/09 30268 MERSEY COURT 06/25/09 WINCHESTER ROAD AT BARNES & NOBLE D6/25/09 VIA RIO TEMECULA AT CORTE CAPI STRANO DEBRIS DEBRIS WEEDS DEBRIS GRAFFITI ASPHALT ASPHALT REPAIR SIGN REPAIR GRAFFITI GRAFFITI GRAFFITI CATCH BASIN GRAFFITI GRAFFITI GRAFFITI GRAFFITI GRAFFITI GRAFFITI GRAFFITI GRAFFITI GRAFFITI DEBRIS POTHOLES SINKHOLE CATCH BASIN GRAFFITI TREE MISCELLANEOUS REPAIR WEEDS TREE DEBRIS GRAFFITI DATE WORK COMPLETED 06/17/09 06/18/09 06/18/09 06/18/09 06/18/09 06/30/09 06/19/09 06/19/09 06/19/09 06/19/09 06/19/09 06/23/09 06/23/09 06/20/09 06/22/09 06/22/09 06/22/09 06/22/09 06/22/09 06/22/09 06/22/09 06/24/09 06/23/09 06/23/09 06/23/09 06/23/09 06/24/09 06/25/09 06/25/09 06/25/09 06/25/09 06/25/09 k.WAINTAIN%W RKCOMPLTDLSONSl DATE REC'D LOCATION:.. REQUEST DATE WORK COMPLETED 06/25/09 OLD TOWN FRONT STREET AT POST OFFICE GRAFFITI 06/25/09 06/25/09 RANCHO CALIFORNIA ROAD AT DIAZ DEBRIS 06125/09 06/25/09 - 31643 CHELSEA WAY GRAFFITI 06/26/09 06/29/09 LOMA LINDA AT VIA DEL CORONADO GRAFFITI 06/29/09 06/29/09 BADGER WAY GRAFFITI 06/29/09 06/29109 MARGARITA AT STONEWOOD GRAFFITI 06/29/09 06/30/09 43384 VIA ANGELES TREE 06/30/09 06130/09 RANCHO CALIFORNIA ROAD AND MORAGA DEBRIS 06/30/09 06/30/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS 06130/09 06/30/09 45521 CLASSIC WAY CATCH BASIN 06130/09 06/30/09 321141 CALLESITO FADRIQUE DEBRIS 06/30/09 44880 LINALOU RANCH ROAD TREE 06/30/09 TOTAL SERVICE ORDER REQUESTS 103 O R.WAlN AlN1WRKC0MPI; ID OKS\ O CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 2009 C C DATK 7 77777777 - LOCATION ORK COMPLETED 06/10/09 CAMPANULA AT MEADOWS PARKWAY REPLACED R-26 COMBO 06/01/09 WINCHESTER AT NICOLAS REPLACED R2-55 06/02/09 HUNTER LODGE LANE AT ELK GROVE COURT NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 ASPEN WAY AT HICKORY PLACE NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 BEECH COURT AT LOMA LINDA ROAD NEW INSTALL NEIGHBORHOOD WATCH 06/02109 SPRUCE COURT AT HICKORY PLACE NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 REDWOOD ROAD AT HICKORY PLACE NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 REDWOOD ROAD AT FICUS WAY NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 BIRCH COURT AT BAYBERRY NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 CEDAR WAY AT BAYBERRY NEW INSTALL NEIGHBORHOOD WATCH 06/02/09 EAST END OF DE PORTOLA REPLACED W14-1 06/03/09 SANTA CECILIA AT VEHDADERO PLACE REPLACED S.N.S. 06/03/09 NICOLAS ROAD REPLACED 5 CARSONITES 06!03/09 28069 DIAZ ROAD REPLACED 7 DELINEATORS 06/03/09 BUTTERFIELD STAGE ROAD AT LA SERENA REPLACED 5 DELINEATORS 06/03/09 PIO PICO AT MARGARITA REPLACED 1 DELINEATOR 06/03/09 PIO PICO AT MARGARITA REPAIR 6 DELINEATORS 06/03/09 RANCHO VISTA AT LOMA PORTOLA REPAIR 2 DMI-3 06/05/09 CORBIE AT SUNNY MEADOWS REPAIR i R4-7 06108/09 WINCHESTER AT MARGARITA REPAIR 1 R4-7 06/09/09 JEFFERSON AT VIA MONTEZUMA REPAIR W3-3 06/12/09 CAMINO MAREA AT VIA ASTURIAS REPAIR 2 SNS 06/12/09 PAUBA ROAD AT LA PRIMAVERA REPAIR RI-10 06/15/09 MAIN STREET BRIDGE REPLACED 1 DELINEATOR 06/15109 SUNNY MEADOWS AT CAMPANULA REPLACED 114-7 06115/09 VIA'LULCID0 AT SANTA YNEZ REPAIR 2 SNS 06117/09 OLD TOWN FRONT STREET AT TEMECULA PARKWAY REPLACED 1 DELINEATOR R WA I NTAI MWKCMPI.TDISICNSI DATE LOCATION WORK COMPLETED 06/17/09 D REPLACED 1 DELINEATOR 06/18109 IA INDUSTRIA REPLACED (2) W1-8 06/18/09 RANCHO WAY P REPLACED (3) TYPE 06/18/09 NCHESTER REPLACED 4 DELINEATORS 06/18109 EARNY AT CALLE PINA COLADA REPLACED DM4-3 0/09 6122 DAVANAAT LF VALLEY REPAIR RI-1 06/23/09 MARGARITA AT OVERLAND REPAI R 114-7 06123/09 HARVESTON WAY AT LAKE DRIVE - REPAIR R7-245 06/24/09 TOWNSHIP AT HARVESTON NEW INSTALL (1) R7-1 & (1) R26-81 06/24/09 HARVESTON AT EASTON NEW INSTALL W 11-2 / S4-3 / R26-81 ! SNS 06/24/09 WOLF VALLEY ROAD AT NIGHTINGALE NEW INSTALL Ri-1 / SNS VALENTINO WAY AT REGINA REPLACED R7-1 DIAZ ROAD REPLACED 2 DELINEATORS V LA SERENA AT WALCOTT REPLACED R1-1 & R1-4 RANCHO VISTA AT MARGARITA REPLACED W3-3 13010906/30109 MARGARITA AT OVERLAND REPAIR W3-3 06/30/09 WALLABY AT WOLF VALLEY REPAIR RI-1 06130109 TEMECULA LANE AT LOMA LINDA REPAIR R1-1 06/30/09 MIRA LOMA AT CALLE VIOLETA REPAIR R2-25 TOTAL SIGNS REPLACED 43 TOTAL SIGNS INSTALLED 18 TOTAL SIGNS REPAIRED 23 C> O a R:WA IWTA IMWSCMPI. D\ IGNSI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS O ROADS DIVISION STENCILS / STRIPING MONTH OF JUNE, 2009 DATE LOCATION WORK COMPLEPRD 06/02/09 AREAS 41 & #5 REPAINTED 29 LEGENDS 06/04/09 YNEZ AT COUNTY CENTER DRIVE RE-THERMO 3 LEGENDS 06/08/09 AREA #1 REPAINTED 18 LEGENDS 06/09/09 AREAS #1 & #2 REPAINTED 28 LEGENDS 06/10109 AREAS #1 & #2 REPAINTED 23 LEGENDS 06/15/09 CITYWIDE NIGHT WORK REPAINTED 30 LEGENDS 06/16/09 CITYWIDE NIGHT WORK REPAINTED 21 LEGENDS 06/17/09 CITYWIDE NIGHT WORK REPAINTED 24 LEGENDS 06/18/09 CITYWIDE NIGHT WORK REPAINTED 21 LEGENDS 06/22/09 CITYWIDE NIGHT WORK REPAINTED 32 LEGENDS 06/23/09 CITYWIDE NIGHT WORK REPAINTED 83 LEGENDS 196124/09 / CITYWIDE NIGHT WORK REPAINTED 193 LEGENDS 06/25/09 CITYWIDE NIGHT WORK REPAINTED 39 LEGENDS 06/30/09 RANCHO VISTA AT HIGH SCHOOL REPAINTED 2 (CROSS WALK) 1 c TOTAL NEW & REPAINTED LEGENDS 543 TOTAL RE-THERMO 3 RSMAINLV MWRKCOMPLMWRIP(NG i CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 2009 DATE' % LOCATION WORK :COMPLETED 06/03/09 MISCELLANEOUS CHANNELS TRIMMED 8 R.O.W_ TREES 06/03/09 MARGARITA AT NO. GENERAL KEARNY TRIMMED 1 R.O.W. TREES 06/08/09 MAIN STREET "OLD TOWN" TRIMMED 1 R.O.W. TREES 06/10/09 BUTTERFIELD STAGE ROAD AT LA SERENA TRIMMED 1 R.O.W. TREES 06/12/09 FRONT STREET AT FIRST TRIMMED 1 R.O.W. TREES 06/16/09 PAUBA AT LA PRIMAVERA TRIMMED 5 R.O.W. TREES 06/16/09 RANCHO VISTA AT MIRA LOMA TRIMMED 2 R.O.W. TREES 06/23/09 FRONT AT DEL RIO PLAZA TRIMMED 1 R.O.W. TREES 06/23/09 VAIL RANCH PARKWAY AT NIGHTHAWK TRIMMED 1 R.O.W. TREES 06/23/09 REDHAWK PARKWAY TRIMMED 1 R.O.W. TREES 06/23/09 REDHAWK PARKWAY AT VAIL RANCH TRIMMED 1 R.O.W. TREES 06/23/09 VALENTINO AT VAIL RANCH TRIMMED 1 R.O.W. TREES 06/23/09 DE PORTOLA AT CAMPANULA TRIMMED 1 R.O.W. TREES 06/23/09 MARGARITA AT WINCHESTER TRIMMED 1 R.O.W. TREES 06/23/09 HARVESTON WAY AT LAKE DRIVE TRIMMED 1 R.O.W. TREES 06/24/09 MORAGA ROAD TRIMMED 3 R.O.W. TREES 06124/09 YNEZ AT SANTIAGO TRIMMED 1 R.O.W. TREES 06/24/09 TOWNSHIP AT HARVESTON DRIVE TRIMMED 1 R.O.W. TREES 06/30109 MIRA LOMA AT CALLE VIOLETS TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 34 O RAMA)N AIN%WRKCDMPLTDkl RM CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS O ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF JUNE, 2009 DATE:. WORK COMPLETED 06/17/09 MADISON LOT ABATED 3,000 S.F. R.O.W. WEEDS 06/19/09 STONE AT LONG LEAF STREET ABATED 600 S.F. R.O.W. WEEDS O C\ TOTAL S F R.O.W. WEEDS ABATED 31600 R:WAIWAIMWKMNIPLP WEEDS CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report O June / July 2009 Prepared by: Amer Attar Submitted by: Greg Butler Date: 7/2812009 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. O 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 project is in the 90-day maintenance period effective 4/1/09 ongoing through June 2009. 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 is ongoing in the Town Square. The redesigned fountain is being constructed. Delays in delivery of specialty items for the fountain will extend the completion date through July 2009. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @ Pechanga Road. 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 and street light installation. In addition to the contract work, there are a couple of change orders which will be added to the contract that include landscape work as well as the dual right turn lanes at Temecula Pkwy. Because of the added change order work, completion of the project is anticipated for Sept/Oct 2009. O Old Town Infrastructure Projects O 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 is reviewing 100% Plans from the architect. O 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 with potholing for underground storm drain work, which revealed conflicts with gas and phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to utility conflicts. Phases I & 11 of the roadway work are complete; Phase III work (westbound De Portola Rd) is underway. 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 on complying with the asphalt specifications Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton St / Channel St This project will install a new traffic signal on Butterfield Stage Road at Welton Street / Channel Street. Work began on July 6, 2009. Contractor is potholing and boring conduits across the roads. Completion is anticipated in August 2009. Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr O This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work began on July 6, 2009. Contractor is potholing and boring conduits across the roads. Completion is anticipated in O August 2009. 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. A Pre-Con was held on June 2, 2009. The Notice to Proceed was issued on June 15, 2009. Work on this project is almost complete. 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 is scheduled to be awarded at the July 14, 2009 City Council meeting. 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. Pre-Con was held on July 13, 2009. Work will start on July 27, 2009. O O O PROJECTS BEING ADVERTISED FOR BIDS Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. It was advertised for bids on June 26th. Bid opening is scheduled for July 30, 2009. O O PROJECTS IN DESIGN O 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 1. The wetlands will be created through the construction of new landscape and 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 document was 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 11125/08 meeting. The proposed improvements cannot be implemented until the City obtain possession of the properties. 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 has reviewed their proposal and will process a contract amendment. O 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 4/28109, and are being addressed by the consultant. Resubmittal of technical reports to Caltrans is anticipated the week of 7/20/09. 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 expected to be resubmitted to design consultant the week of 7/20/09. 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. 100% design plans were received from the design consultant on 2/23/09; staff comments on draft 100% plans were returned to consultant on 5127/09. 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 anticipated in July, '09. Western Bypass Bridge Over Murrieta Creek O This project involves the design, environmental clearance, and construction of a new bridge over O Murneta 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 70% of the design is complete. The Mitigated Negative Declaration (MND) has been noticed and 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 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 WOMP 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) O This project includes the design and construction of two 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. 100% design plans are complete. The Pechanga Pkwy St Improvements' contractor has provided a proposal to perform this work as a change order to their contract. The change order will be presented to the City Council for approval at the 07/14/09 meeting. Once approved, the contractor can start this work, which will add approx 50 working days to the contract. Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed detention basin (1 acre in size) is located on the south side of Santiago Rd between Vallejo Ave and Orsmby Rd. Plans and Specifications are 99% complete. The environmental reports are in the process of being updated. Upon completion of the plans and specs, 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) O 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 O work. Status is as follows: > PS&E - City is preparing 95% Plans, Specifications, and Estimate. > Right of Way - Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - 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 90% PMP report has been submitted and is being reviewed by staff. Long Canyon Detention Basin -Access Road O 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. Design is underway and consultant is preparing 30% plans. 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 O Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road to Calle O Chapos / South Loop Road and getting the Fire Station functional. Currently, staff is working on the Bid Package and well as R/W issues with 3 property owners within Phase I. Work to be done by the design consultant is on hold until the Roripaugh Ranch CFD No. 03-02 liens are resolved and a settlement is reached. O O 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 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. approved July 2007. Final approval 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 1st 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 - City revising per Caltrans comments. > Mandatory Design Exceptions - Approved 07/18/06. > Advisory Design Exceptions -Approved 07/18106. > 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. 0 O O O CITY OF~MECULA PAG0F 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 %TIME % PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, , CONTRACTOR 8 CONTRACT $'s PROJECT ENGINEER COMPLETE (Est: comp./ CONTRACT - CURRENT STATUS & PROGRESS ' - bid date) : PAID y-vt'sw,,. r PRO ^-+xx: r JECTS .,.:svsMYw t ;r,*s`m x ^Vf `?~`l:}^sE^N"-s, UNDER CONSTRUC TION v# w qu, < t ' r ,5, ms 4 t ?z t x s z = ~ XJrN'Fx. -'r.C '✓d,`k :YA'+*r xk ' N Mn'H„ " ~ Nk . 4v ~'n ,.v.„y:l^n 1" "1 ' IN ' 2' S' ' ' ~ ~ ' . . . , e . z a z . . -...wtA... ' , v, s nsrw } s at a,#~..~.. ,,m~ 'i. ->G~u...-3✓.r~., .anfY.oa.~. ar~uMmaus.,2S r, wt_a. Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be Contractor. Tovey Shultz Construction. Inc. Contract Amount: $3 298 000 completed when the mainline utilities are installed, which the City is undertaking - PW03-01 I , , Approved Change Orders: $212,768,24 David McBride 97%(9109) 93% estimated start in September of 2009. A fire engine/truck venting system (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 Dandy Parkway This project provided for the rough grading of the vacant City property at Diaz Road and (Northwest RDA Property) -Rough Grading Contractor: Skanska Dandy Parkway. All work was completed on March 28, 2007, Site restoration, Including PWO6-03 I Final Contract Cost $5,948,799.71 David McBride Complete 100% by ding, was completed in December of 2008. A notice of completion was approved by the the City Council at the 1I13I09 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. contract Amount Or ers 148 aa Jon Salazar/ Diaz Road from Rancho California Road to Winchester Road. Contract work is complete. PW01-27 d , . Approved Change Orders (1 - 12): $217,447.09 Amer Attar 100% (02/09) 99% The 90-day landscape maintenance period was completed effective 7/1/09. Turnover of the project to the City was made effective 7/9109, after a final walk-through. Project Account No. 210-190-142-5M acceptance by City Council scheduled for 08/11109. Old Town Infrastructure Project-Town Square and This project involves construction of the Town Square and street improvements on Mercedes 8 Main Street Contractor: LH Engineering Contract Amt: Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain, PW06-07 $3458,495.00 sewer, and water improvements are complete and all the roadwa s are aved. Work is Y P (1C & 1E) Approved Change Order(s) $ 252,298.15 David McBride 99% (7/09) 95% ongoing in the Town Square. The redesigned fountain is being constructed, Delays in delivery of specialty items for the fountain will extend the completion date through July Account Ncs.: 2009. 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 @ Recharge Road. Pechanga Rd. The contractor has essentially completed the roadway improvements. The PW99-11 Contractor: All American Asphalt Mayra Do La remaining work includes landscaping/irrigation and street light installation. In addition to (Ph II) Contract Amount $8,131,964.98 Torrel Amer 96% 70% the contract work, there are a couple of change orders which will be added to the contract Attar that include landscape work as well as the dual right turn lanes at Temecula Pkwy. Account No. 210-165-668-58XX Because of the added change order work, completion of the project is anticipated for Sept/Oct 2009. Old Town Infrastructure Projects This project includes the site grading and retaining walls for the Civic Center & the Parking - Parking Structure a Office/Retail Frontage Structure site as well as construction of a parking structure, including office frontage shell PW06-07 Contractor: PCL Construction David space. Construction of elevated slabs is complete. B occupancy structure erection and (10) Contract Amount' $15 797 010.00 MLBrldel Bill 55%(12109) 44% interior parking structure improvements are ongoing. , , Approved Change Orders: ($279,042.69) McAteer Account No. 210-165-644 CITY OF TEMECULA PAGE 2 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 %TIME , PROJECT PRIORITY PROJECT NAME, DESCRIPTION; . PROJECT COMPLETE CONTRACT . ' CURRENT STATUS &PROGRESS NO CONTRACTOR & CONTRACT $'s: ENGINEER (Est. co _ PAID - bltl tlat)te) 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 PWO5•13 Engineering Contract Amount $315,510 Becerral Avlin 0% 0% Certification, Streambed Alteration Agreement, and Nationwide Permits have been Account No. 210-190-167-5exx Odviar acquired. Bids were opened on 08126108 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 PW06-07 Contractor: Edge Development Co Development Bill MLAtebrl foundations and structural steel erection Ph2 j Contract mEg David McBride 18%(8110) 17% , 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: Enckson-Hall Construction Company William completion date of the project is October 2009. The Escallier house and barn have been PW06.05 III Contract Amount: $1,184,000.00 Becerral David 60% 60% fumigated for termites. Dry rot & termite infested wood has been removed and replaced. Account No. 210-190-197 McBride Staff is reviewing 100% Plans from the architect. Da 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 3/16109 Contractor: Hardy & Harper, Inc. Jon Salazar/ with potholing for underground storm drain work, which revealed conflicts with gas and PW06-10 Approve Amount. ,000 Amer Attar 77 % 20 % phone lines. Contract work resumed on 4/20/09 after an approx. 3-week delay due to Approved Change Orders (1-3): $166,002.01 utility conflicts. Phases I & II of the roadway work are complete; Phase I I I work Account No. 210-165-656-58XX (westbound De Portola Rd) is underway, 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. 30% (12109) 0% December 2009. Contractor is working on complying with the asphalt specifications Contract Amt $3,666,004.25 Meistrelll 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 Street / Rd at Welton St/ Channel St Kendra Channel Street. Work began on July 6, 2009. Contractor is potholing and boring conduits PW07.09 I Contractor: Christopher R. Morales, Inc. Hannah- 30%(8109) 0% across the roads. Completion is anticipated in August 2009. Contract Amount: $323,893.00 Meistrelll Avlln Odvlar Account No. 210-165-689.58XX Traffic Signal Installation - Citywide, Meadows Pkwy This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work at McCabe Or Kendra began on July 6, 2009. Contractor is potholing and boring conduits across the roads. PW07.10 I Contractor: Christopher R Morales, Inc. Hannah- 30%(8109) 0% Completion is anticipated in August 2009. Contract Amount: $323,983.00 Meistrell / Avlln Odvlar Account No. 210-165-672-58XX Citywide Slurry Seal Project PY08.09 This project will slurry seal local streets within Paloma Del Sal and Temeku Hills, Contract Contractor: Pavement Coating Company Chris Whit e I was awarded at the May 26, 2009 Council meeting. APre -Con was held on June 2, 2009. PW 09-Ot Contract Amount: $323,817.17 Mayra D. L a 75% 0% The Notice to Proceed was issued on June 15, 2009. Work on this project is almost Account No.: 001-164.601-54; Torre complete. O O O O CITY OIMECULA PAGCJF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 . %TIME PROJECT PRIORITY . PROJECT NAME, DESCRIPTION,,- PROJECT COMPLETE % N NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ TRACT CO CURRENT STATUS & PROGRESS ` PAID bid date), Street Striping Program FY 2009-10 Chris White/ This project will refresh old striping throughout the City. Bids were opened on June 23, PW09.04 I Contractor: Pacific Striping, Inc. Mayra De La 0% 0% 2009 and Pacific Striping, Inc. was the low bidder. The contract is scheduled to be Contract Amount: $111,925.00 Torre awarded at the July 14, 2009 City Council meeting. Citywide Concrete Repairs FY 2008-09 Chris This project will replace concrete at various locations in the City. Bids were opened on PW09-03 I Contractor: B & T Works, Inc. wnltelMayra 0% 0% June 2, 2009, The contract was awarded to B & T Works, Inc. at the June 23 2009 Contract amount of $113,915.55 De La Torre , Council meeting Pre-Con was held on Jul 13 2009 Work will start on Jul 27 2009 y y Account No, 001-164-601.54m , . , . -vas .a+ £ a.,,.cS PROJECTS Cs"" y.:.YN .,,F^ 3, ryg ai, tx f ,...rgti,;k~ BEING~<►'DVER TISED~FOR BID tbRS) ti S ~ `hi ~ ' ' ~ ~ ' J ~ 4 ~ , , ~ .9' 4v J'bvb. vm: ~r ~ k r4{~ci~y~-x R `3 „2 `m 'k& r~w~ r 6}• Traffic Signal Interconnect Equipment Installation Chris This project will install traffic signal interconnect equipment on Margarita Road, form PW04-05 Contractor. White/Mayra 0% 0% Rancho California Road to Pio Pico Road. It was advertised for bids on June 26th. Bid oe La Torre opening is scheduled for July 30, 2009. b+~.h' +R n h.w .~.E"°% dw,c..e,.:^~ ~Y+ a&`?i.%k`.+ x+xe...'sh # .r ynvP,EV "tw"hi u. ~ ? .dt 1 "U#,t r a tt to x .*ae Re-Stripe Route 79 South to a lanes from Pechanga This project will provide four lanes in each direction on Temecula Parkway (formerly State Parkway to-15 Kendra Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Coltrane PW07-08 Consultant JMD Hannah. 60% (07109) 50% requirements to do the striping. Amount: $29 210.00 Meistrell I , Avlin Odviar 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 I. The wetlands will be created through the construction of new landscape and irrigation systems. The site is located along the north bank of Temecula PW99- Consultants: Community Works Design Ma ra De La Creek (within flood-plain/way areas). The environmental regulatory agencies have 11EM Contract Amount: $zs,ea0 Torre 98% 98% approved this new mitigation area. Mylars are ready for signature. The contract bid document was reviewed and will be revised to incorporate all of the corrections. Offers for Account No. 210-165-668-58XX purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property at their 11/25/08 meeting. The proposed improvements cannot be implemented until the City obtain possession of the properties. Murrieta Creek Bridge and Overland Drive Extension The project includes the extension of Overland Drive from Commerce Center Drive to Diaz from Commerce Centerto Diaz Rd Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Chris White 1 Corps of Engineers and the state environmental regulatory agencies is required. The 90% Contract Amount: $466 ,940 Torre plan comments have been returned to the consultant for corrections. The consultant has submitted a proposal for additional scope of work, the City has reviewed their proposal Account No. 210-165-602-58XX and will process a contract amendment. CITY OF TEMECULA PAGE 4 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 % TIME. PROJECT PRIORITY PROJECT NAME, DESCRIPTION, ' PROJECT COMPLETE CONTRACT - CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $ s ENGINEER (Est. comp,/ PAID bid date) 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 Amendment No 1: Contract term extension replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03-08 . Amendment No 2: Contract term extension Salazar/ 92% (e/09) (Phases I 87% (Ph a 11) - Improvement project, Comments on the environmental technical reports were received Amendment No. 3: $322,305 Amer Attar 3) Phase e 3) from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of Amendment No. 41 $24,063 (RCWD waterline) technical reports to Caltrans is anticipated the week of 7/20109, The draft 100 % PS&E package was received from the design consultant on 2/17/09, and staff review is Account No. 210-165-743-58XX complete. Comments on draft 100% plans expected to be resubmitted to design consultant the week of 7/20/09. Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' poo 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 ContractAmount: $132,807 received from Caltrans on 12/03108; technical reports were submitted to Caltrans on PWOS•11 Account NO. 210-165-738-58XX Jon Amer r Attar 95%(8/09) 80% 5113/09. 100% design plans were received from the design consultant on 2/23/09, staff comments on draft 100% plans were returned to consultant on 5127109. 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 anticipated in July, '09. Western Bypass Bridge Over Murneta 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 $378,776.20 William of Pujol Street to the new structure. Once constructed, this will serve as the southerly PW06-04 I Amendment 2 Amt. $244,824.80 Becerra/ Avhn 70% 70% connection of the Western Bypass Corridor. Design is underway. Geotechnlcal Account No. 210-165-660-58XX Odvlar investigations have been initiated and 70% of the design is complete. The Mitigated Negative Declaration (MIND) has been noticed and 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 seawall and Avon Odvlar 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 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 Development AAE Inc Bill McAlear / revision and resubmittal. The WQMP for this project is being reviewed and may change PW06-09 I , . Contract 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 O O O O CITY O`~WECULA PAC OF 11 CAPITAL IMPROVEMENTS PROJECI•_ ~ MC)MTWI V to/rnov oo/. +nrn u 7/15/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, PROJECT % TIME COMPLETE y CONTRACTOR & CONTRACT $'s ENGINEER (Esc comp. / CONTRACT CURRENT STATUS & PROGRESS bid date) PAID Pechanga Pkwy-Dual Right Turn Lanes from Temecula Parkway (SR 79S) This project includes the design and construction of two fight-turn lanes oo eastb d PW06-11 I Consultant: Cozad & Fox Contract Amount $29,010 Mayne De La oun Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy & relocation f t ffi i Account No. 210-165-637-58XX Torre 100% 99% o ra c s gnal pales. design plans are complete. The Pechanga Pkwy St Improvements' contractor has provided a proposal to perform this work as a change order to their contract. The change order will be presented to the City Council for approval at the 07/14/09 meeting. Once approved the Santiago Detention Basin Detention , contractor can start this work, which will add approx 50 working days to the contract. consultant Horn Klmley C t t Horn This project includes the design and construction of a detention basin. The proposed PWO6-12 I on rac Amount $ ,250 ayra De La detention basin (1 acre in size) is located on the south side of Santiago Rd between Account No, 210-165-665-58XX Torre 99% 95% Vallejo Ave and Orsmby Rd. Plans and Specifications are 99% complete. The environmental reports are in the process of being updated. Upon completion of the plans and specs, the bid documents will be finalized. This project has been de-funded in the new CIP budget and will be shelved. Winchester Roatl /State Route 79 North -North Corridor Beautification C lt This federally funded project will design and construct landscaping and irrigation PWO6.15 onsu ant: RBF Agreement 0 Amount: $ 179,916.0 ' avid McBride 9% g% enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits The 100% desi n k App rovetl EWA s: $ 6,000 . g pac age has been reviewed and upon completion of these revisions it will be submitted to Caltrans for construction authorization Account No. 210-165-638 . Submittal is expected during the next period. French Valley Parkway/Interstate 15 Over-Crossing and Interchange Improvements - Phase 1 (PS&E) C lt r A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over onsu ant Mogan Nichol Amend No L $ 507 881 00 Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of . . , . Amend. No. 4: $ 632 058 00 Phase 1. City continued the design work. Status is as follows: ' , , Amend. No. 8: $1,087 300 00 > PS&E - City is preparing 95% Plans, Specifications, and Estimate P , . Notes: William Willie . > Right of Way - Establishing limits of dedication, Discussions are continuing with owners W07-04 I > Amend. Nos. 1, 4, & 8 amend original agreement a/ 60%(05110) 61% of affected parcels within Phase 1 work. > under PW02-11. Awlin Odvlarl Declaration of Units - Caltrans Approved Metric Exception for this phase > Amendment amounts represent portion Amer Attar . > Utilities - Pothole of existing utilities within APE are complete appropriated for PW07-04. . > Conceptual Landscape/Aesthetics - Concept was selected with Murrieta Calt d ' Account No. 210-165-719-58XX , , rans, an IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. Other: Old Town Gymnasium m n > Maintenance Agreement - City preparing exhibit for first draft. consultant W-C Architects C t rchite This projects involves the design of the approximately 9,000 square foot g mnasiu PW07- on ract Amount: 9o.o0 y m adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios 05CSD I l A ccount No. 210-190-186 Bill MM David McBride 10% 112108 ) 5% 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 b i e acqu red 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 2 , 009. CITY OF TEMECULA PAGE 6 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 . % TIME-. . % - PROJECT PRIORITY PROJECT NAME, DESCRIPTION PROJECT COMPLETE CONTRACT CURRENT STATUS 8 PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER' (Est, comp./ bid date) PAID Pavement Management Program Update This project will update the City's Pavement Management Program (PMP) for the years Consultant: Wlldan 2008-2013. The 90% PMP report has been submitted and is being reviewed by staff. Agreement Amount; $ 66,915 PW07.11 I David McBride 100% 79% Account Nos.: 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 PWOB-04 II Consultant: Hall & Foreman, Inc. Maistrall I 30%(12/09) 25 meeting. The kick off meeting was held on 01108/09. The alignment study has been Contract Amount: $246,865.00 Avlin Ocivlar completed, Extension of time for the Bicycle Transportation Account funds was approved • Account No. 210-165-739-58XX on 05/01/09. Design is underway and consultant is preparing 30% plans. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing Consultant: David Evans & Associates IDEA) Kendra the street and minor storm drain improvements on the unimproved portions of certain Contract Amount $120,900.00 - Hannah. streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement PW08-06 II Account No. 210-165-502-58XX Min Oclll I ar I Avlln 6D% (08109) 60% for the street improvement design with David Evans and Associates at the 10128/08 City Amer r Attar Council Meeting. The kick off meeting for the design of the street improvements was held on 12117108. 60% plans are being reviewed by staff. Ronpaugh Rench Street Improvements - Phase I Phase I include the construction of Butterfield Stage Road from Murrieta Hot springs Road Construction of Butterfield Stage Road to Calls Chapos I South Loop Road and getting the Fire Station functional. Currently, staff PW09.02 I Consultant: David Evans & Associates (DEA) Mayra De La Torrel Amer 0% 0% is working on the Bid Package and well as R/W issues with 3 property owners within Contract Amount: Attar Phase I. Work to be done by the design consultant is on hold until the RoriPau9h Ranch CFD No. 03-02 (lens are resolved and a settlement is reached. Account No. 210-165-723-58XX 3),-: ~19 tte`3+^f.. L I "CY Q"AY..~: -.M0. ..Fm+uH:..(+atKi''.?. in.::. r. Y` ' F .t .'h':e'.+: E// 2 ~r `a 3~£r { t~ #tra k °t 4.< ( s,-Ti v/ vd(r tRn t t ~,t * ~ F yyPyRO ECT,Ss BEING,DESIGNED.B 5TA F .A Rx k # ~3 t xe~' M . 9 1y AF . x ~k F r ii YwSVdGx~•'{.:v"`:':. ,El0.-ac x3ab rzr~en;- 5y sitlvYh ?tevN. a,"(.'s"4c,4 ml n' a e ~+'+'Y..£F.. r„~ ffe , ai ~~Yk .(r$ fl ^ y .Y. h.f v i.. • Jm' ?a i !x :W+"S C Ij. r -i:~i.ET avn` "SY ~ ^ Long Canyon Detention Basin Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove PW04-07 7777777777. o% N/A excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. ~,j iv sr ✓/Y-.i^~W».!E.uv '✓N+e 4"ti1 [ ] PROJE ~aV-nrd v3' ~y6Y~iiivu'Rr3c}i`r.k:L.CINl. ° l`C , 4-1 t r :;:'-4,i $£r. NNING I THE L TAGE ~T .M.{, tS ' n#+tFfl re#CT~(i'i ~ ~ 'h1'PVV'hgn `y~~+ ,gv A- 14..,. 1,41"vISFY ff ~ N~' +t31 ~'4:f. t'~y'%Fier~ 't l:~fu~ "`E tr )M(a41 ✓r d ~r ' ~ CTS y N Py A S i ~ `i` ` ` ~ ` a « M . T e ` " ° 1v' : ~ _ . t . P a i , ~ _ # . . . 1-15/ SR 79S Ultimate Interchange This project will modify the 1-15/ SR 79 South Interchange to accommodate projected Project Repel (PR) future traffic. City continued development of design geometries, 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 uth. No. 1: 13426.00 , > Pr01ect Report - Under Caltrans review. PWOd-08 Extra Work Auth. No. 2: 17,732.00 Avlin Odviar/ 95%(07109) 95% > Supplemental Fact Sheet - Under Caltrans review, (Extra Work Auth. No. 31 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. 210-1654-662-56XX 0 0 O CITY OnMECULA PAG( D' IF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 % TIME PROJECT PROJECTNAME, DESCRIPTION - PROJECT COMPLETE - " NO PRIORITY , CONTRACTOR&CONTRACTSs - - ENGINEER (Est. comp.l CONTRACT.. D CURRENT STATUS & PROGRESS - , bld:date)' pNI French Valley Parkway / Interstate 15 Over-Crossing This project will construct an interchange between Winchester Road Interchange and the I and Interchange Improvements (PA 8 ED) -15/1-215 split. City continued development of the Project Report and Environmental Consultant: Moffatt 8 Nichol Document. Status is as follows: Agreement Amount: $1.091,693.00 Amend. No, is 202,652.40' Amend. No. z: - 21,630.00 Draft > Project Report - Approved June 2006, CCO No. 1: 25,000.00 > Project Report - City preparing 1st 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. CDC 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 Amend, No. No. 43: : Sea e 283 PW0 PW0 2.52 04 > Stormwater Data Report - City revising Per Caltrans comments. Amend. No. 5: 169,000.00 > Mandatory Design Exceptions s -Approved 07118106. Amend. No. 6: 11 D, 917.00 William > Advisory Design Exceptions - Approved 07/18/06. PW02 11 I Amend. No. 7: 14,573.36 Becerral Avlin > Exception to Ramp Metering Policy - Approved 07/05/06. . Amend. No.8 See PW07-04 Odviarl Amer 90%(03/10) 88% > Geometric Approval Drawings -Approved 07118/06. Amend. No. 9 100,000.00 Attar > Revised Geometric Approval Drawings - Approved 01111/08. Notes: > Storm Drain Study - Approved 03/21/08. > Amend, No. 1 also applies to PW07-04. See PW07 -04 for add'I apportionment. > Floodplain and Scour Analysis Report - Approved Oct 2008. > 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 - 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 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 II Temecula Creek Consultant: Nolte Associates. Inc. Hannah- Melstrelll Avlln 100% 100% engineering report is complete. Project is pending allocation of funds for design. Contract Amount: $87,923.00 Otlviar Account No. 210-165-677-58XX r ; '^iT' S *iPRO x+'xYt v JECTS q. n- m se ^^r e r-+r x.. °+r:v Wn'e WA[TIN G"IN~THE WINGSw ' fr1, z fi v ;veC hf Y. r .,ky , a } a yT, 3z`*5 1 k r y wy„ r' ear C i h 1 ~ , e e. .V, S r 1-- 11 1 m y iss 1 ..a_ .y c« ..:u.,., aS PW00-29 II Citywide Master Drainage Plan ?977477? %I ) 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 Contract Amount: $114,426.00 William 100% too % design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This eecerra project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (STA) funds on 12/1/06. CITY OF TEMECULA PAGE 8 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 % TIME % PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR & CONTRACT $'s PROJECT ENGINEER COMPLETE (Est. comp. CONTRACT CURRENT STATUS & PROGRESS bid date) PAID Sam Hicks Monument Park Playground Replacement This project will replace the playground at Sam Hicks Monument Park to comply with new PW06-16 77777777777 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 an I-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. RIG " HrT°OF W a AS ~REE - Y -TED PROJECT S r ' ti4 > 1 at c ~P m + , r : U rz*:~ A a r ~ eyr. cta:-n,.o-.. ...e;zs.. N,x,x. ,.N..ae,.;kr,,.rex.,s•x;~, a-,..ae, -,~+x?xr.,.vso.. +s..: yeA., t~.,x w r, a,.3 r3 i ;a l,: *1j a„ n 'r PW02.11 French Valley Parkwayl 1-15 Overcrossing and William , , The review appraisal is complete. Caltrans has approved the appraisals. The City Council Interchange, Project Report (PR) Became/ Amer NIA NIA reviewed this matter in Closed Session on June 9 2009. Attar , Butterfield Stage Road - Roripaugh CFD Met with all but three property owners to discuss their property concerns. Prepared a CFD 03-02 Project Description: Research to create a bid package (i.e., Plans and Specs) to construct specific Mayra De La Torrel Amer matrix addressing owner issues/concerns to present to City staff. Work to clear all issues improvements (BSR, MHSR, fire station, etc.) Attar related to the properties within Phase 1 of the project continues. Contractor: NIA: Contract: N/A Diaz Realignment Jon Salazar/ All required right-of-way documents have been recorded with the County: consultant PW 95-27 1 Amer Attar surveyor is in the process of recording the Record of Survey, which will complete the process. Pechanga Parkway (right turn lanes) Purchase & Sale Agreement was sent to the property owner. He has not accepted the PW 06.11 Amer Attar City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting, A 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 forwarded to the Outdoor Channel for approval. Once approved, the matter will be taken to the City Council for approval of the sale. Riverside County Flood Control Parcels-Old Town Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City Beryl met with Flood Control in January and asked for updated values. RCFC will revise their YasInoskyJ offers based on current sales comps. Staff is also working with RCFC to finalize the Amer Attar tar 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. O O O O CITY O'MECULA PAGE F 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 . - % TIME i PROJECT PRIORITY PROJECT NAME,DESCRIPTION,, - - PROJECT CQMPLETE ~ CONTRACT 'CURRENT STATUS B PROGRESS NO . CONTRACTOR &tbNTRACT.$ s . ENGINEER (Est 'comp.l . - bid date) pg10 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 10/14108 meeting, Escrow has been opened. We received the estimated settlement statement from escrow on 1212/08. 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 during the next period and then the appraisal process will start. 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 Becerral 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 Iegals/plats are received, the City will obtain appraisals. Amer Attar aSPE 'J 1 C/4'L AN A^3r „2x't`$t aN f 'w iY:4gYp. D MISCELL 4NE0(JS RRO IEC /Y i✓ TS rs '14 d ' ` ' "Y+F" Y #F `r' F h k `YtYy 1 - v.,.id2l" o' Yf Tye if 7 I f Wr':: t Ak gm gr~ a*~ >s -"x<aa;a Y9 yr4$+ 'n h a 6 > °~4 - Roripaugh Ranch CFD Staff reviewed the submitted Reimbursement Request for the two bridges. Comments CFD 03-02 3 ostre- [A.a NIA were p rovided to Ashby USA representativesMeetings were held with the developer nn. r After 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 N/A NIA During the last period, the developer submitted reimbursement request for the retention. Wolf Creek CFO 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 CFD 03-03 Amer Attar NIA NIA OK with the openings or if they want these openings closed. The City's letter would notify 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 01106/09. Standard Pacific is in the process of obtaining the required waivers. They have obtained 20 waivers as of 07117/09. In addition, they started raising the walls the week of 07/06/09. CFD 02-081 i Serena Hills CFO Amer Attar NIA NIA No activities during the last period. CITY OF TEMECULA PAGE 10 OF 11 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 7/15/2009 TIME PROJECT NO PRIORITY PROJECT NAME; DESCRIPTION;. CONTRACTOR & CONTRACT $'s;' - PROJECT ENGINEER COMPLETE (Est. comp./ CONTRACT CURRENT STATUS & PROGRESS ' . - bid, date) IDo Quarterly Review -Tracking, preparing, and Various Projects. Various 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. PWOl-27 I Murrieta Creek Muiti Purpose Trail Julie Dauer NIA NIA Project is currently in construction phase. Continue to process reimbursement requests for Caltrans submittal and approval. PW06-10 I Surface Transportation Program (STP) - De Por la Julie Dauer NIA N/A Contract has been awarded. Federal funding reimbursement requests will be submitted to Road Pavement Rehabilitation 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 PES document. Prior to obtaining the PW05-11 I Bridge over Santa Gertrudis Creek to Chaparral Hig Julie Dauer NIA NIA Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding 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 Various I Julie Dauer N/A NIA WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and 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 Beautification Projec approved and project is slated for construction in the next fiscal year. Currently in process PWOB-15 I Julie Dauer NIA N/A 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. PW99 it Pechanga Parkway Phase II Street Improvements - Continue to review construction expenditures for federal reimbursement of PLH funds. (Phase II) I Public Land & Highways Funded Julie Dauer N/A NIA Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding is $4,000,000. Various I Bond Releases Julie Dauer N/A NIA Continued review of CIP project bonds scheduled for release. 2006/07 Bicycle Transportation Account Resolution approved by City Council for the Cooperative Work Agreement (CWA). The PW08.04 I BTA Funds Santa Gertrudis Creek Bicycle Trail Extension and CWA will extend the terms of the original agreement to allow for the continuation of project Interconnect Julie Dauer NIA N/A implementation and the award of a consultant agreement for this project, 2006/07 ETA 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 David McBride Ongoing NIA is also being reviewed and updated. Federal Specifications were updated and standardized for De-Portola and Rancho California Road. All specifications were updated to 2009. Federal specifications were updated to new DBE regulations, O O O O CITY OF~VIECULA PAGE CF 11 CAPITAL IMPROVEMENTS PROJECTS JMONTHLY WORK PROGRESS SHEET 7/15/2009 - . %TIME PROJECT -NO PRIORITY PROJECT NAME DESCRIPTION N ' ' PROJECT COMPLETE CONTRACT . CURRENT STATUS & PROGRESS CO TRACTOR &CONTRACT $ s . ENGINEER (Est. comp./ ' PAjp($). . . . 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 Amer Attar NIA NIA complete. The tasks of field verification, cost estimates preparation, and aerial mapping 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 On-going NIA projects. Some of these As-Built conditions have never been transferred to the project 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. Ed 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) rTBD Purchase, install 8 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. 30 O Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT O O TO: City Manager/City.Council FROM: Andre O'Harra, Chief of Police DATE: July 28, 2009 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of June 2009. PATROL SERVICES Overall calls for police service . 8224 „Priority One" calls for service 44 Average response time for "Priority One" calls ............................................................4.99 Minutes VOLUNTEERS Volunteer administration hours .............................................605 Special Events 529 Community Action Patrol (CAP) hours 973 Reserve officer hours (patrol) ...............................................47 Training hours 149 Total Volunteer hours 1793 CRIME PREVENTION/GRAFFITI Crime prevention workshops /Neighborhood watch meetings conducted ......................8 Residential/business security. surveys conducted I Businesses visited ......................4 Businesses visited for past crime follow-up ......................2 Crime prevention articles 1 Total square footage of graffiti removed ...............8,932 Number of Graffiti Locations... 149 OLD TOWN STOREFRONT Total customers served Sets of fingerprints taken Police reports filed Citations signed off Total receipts SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ................................................................................6 On sight misdemeanor arrests 15 O Felony arrest warrants served....... 3 Misdemeanor arrest warrants served 8 Follow-up investigations 6 Parole Searches . 1 Massage Ordinance Compliance Checks 13 Crime Free Housing Checks ........................................................................................................23 TRAFFIC Citations issued for hazardous violations 1642 D.U.I. checkpoints conducted 0 D.U.I. Arrest ...........................24 Non-hazardous citations 552 Stop Light Abuse/Intersection Program (S.L.A.P.) citations ............................211 Neighborhood Enforcement Team (N.E.T.) citations ..............................66 Parking citations.. ............................302 S eatbe Its ..........................22 School Zones 7 Cell Phone Cites 116 Injury collisions . 21 Presentations ............................0 INVESTIGATIONS Beginning Caseload ......................................................................................................................81 Total Cases Assigned ..................................................................................................................53 Total Cases Closed ........34 O Number of community seminars/presentations conducted 0 PROMENADE MALL TEAM Calls for service ..........................................................408 Felony arrest/filings 14 Misdemeanor arrest/filings ............................................................22 Vehicle burglaries . 9 Vehicle thefts 1 Total receipts ................................................$6,427.00 SCHOOL RESOURCE OFFICERS Felony arrests ............................................................2 Misdemeanor arrests ............................................................4 Citations 21 Youth counseled 97 Presentations 8 YOUTH ACCOUNTABILITY TEAM School visits ...............................................................47 Home visits ...............................................................54 Presentations .......................................................0 Truancy Sweep ............................................0 Jail Tours .......................................................1 O