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HomeMy WebLinkAbout102709 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 27, 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/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding two parcels of real property owned by the N &A Development and Leasing Company, Inc. (Nassef M. Francis and Julie C. Francis) consisting of approximately 49.62 acres (APN 940 080 -002 and 940 090 -001) located on the escarpment west of the City limits and southerly of Rancho California Road in unincorporated Riverside County. The parties to the negotiations for the purchase of the property are N &A Development and Leasing Company, Inc. (Nassef M. Francis and Julie C. Francis), Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the sale of the property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Temecula Redevelopment Agency consisting of approximately 19.7 acres (part of APN 909 370 -002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Temecula Water Park L.P. (aka Clearwater Development) and the Temecula Redevelopment Agency. Negotiators for the Temecula Redevelopment Agency are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are an amendment to the purchase and sale agreement concerning the terms of the sale of the property. 1 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the lease of the approximately 2000 square feet of the property owned by the City of Temecula at 28690 Mercedes Street, Temecula (part of the Old Town Civic Center Parking Garage) to the Temecula Valley Convention and Visitor's Bureau. The parties to the negotiations for the lease are City of Temecula and Temecula Valley Convention and Visitor's Bureau. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are rent and terms of the lease. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Jason Stewart of Temecula Creek Christian Fellowship Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Business /Industry Recognition Program Hotel Industry 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 2 Next in Order: Ordinance: 09 -07 Resolution: 09 -87 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 RECOMMENDATION: NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of October 13, 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 Proposition 1A Securitization Program RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND 3 DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 5 December Schedule for City Council Meetings RECOMMENDATION: 5.1 Cancel the regularly scheduled City Council Meeting of December 22, 2009 and perform the appropriate postings and noticing requirements of the Government Code. 6 Acceptance of certain Public Streets into the City- Maintained System within Tract Map Nos. 23067 -3, 23067 -4, 23067 -5 (located at Butterfield Stage Road and Nighthawk Pass Centex Homes) RECOMMENDATION: 6.1 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. 23067 -3, 23067 -4, AND 23067 -5) 7 Interstate 15 /State Route 79 South Ultimate Interchange, Project No. PW04 -08 Amendment No. 1 to Design Cooperative Agreement with the State of California, Department of Transportation RECOMMENDATION 7.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE AND CORRECT THE POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF IMPROVEMENTS TO THE EXISTING INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH 8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15 RECOMMENDATION: 4 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15. 9 Temporary Street Closure for the 'Harvest Festival' Event in Old Town (Sixth Street between Old Town Front Street and Mercedes Street) at the request of the RDA/Old Town City Council Steering Subcommittee Members, Mayor Edwards, and Council Member Roberts RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close a portion of Sixth Street for the "HARVEST FESTIVAL IN OLD TOWN" EVENT TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of October 13, 2009. 11 Award a Construction Contract for Redhawk Park Improvements, Project No. PW06- 06 /CS D08 -004 RECOMMENDATION: 1 1 .1 Award a construction contract for Redhawk Park Improvements, Project No. PW06- 06, to IAC Engineering, Inc. in the amount of $787,094.92; 5 1 1 .2 Authorize the General Manager to approve change orders up to 10% of the contract amount, $78,709.49; 1 1 .3 Make a finding that the Redhawk Park Improvements Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. CSD DEPARTMENTAL REPORT 12 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of October 13, 2009. 14 Amendment No. 3 to the Professional Services Agreement with Nichols. Melburq Rossetto for Additional Services Associated with the Old Town Infrastructure Project Parking Structure and Office /Retail PW06 -07(1 D) 6 RECOMMENDATION: 14.1 Approve Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg Rossetto (NMR) for additional services associated with the preparation of construction drawings and construction administration for the tenant improvements of the office frontage space included in the Old Town Parking Garage in the amount of $96,000 and authorize the Chairperson to execute the amendment. 15 Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink at the request of the RDA/Old Town City Council Steering Subcommittee Members Mayor Edwards and Council Member Roberts RECOMMENDATION: 15.1 Approve a "turn -key" seasonal ice rink operation and necessary services. The hard costs and soft costs associated with this approach bring the total contracted amount to $71,530. This expenditure will come from appropriate funds within the RDA. Studio 33 will set the admission /skate rental price and is entitled to 100% of the proceeds; 15.2 Direct staff to quantify through measurement the number of guests /attendees that enjoy this service for data that can be considered for future year negotiations; 15.3 Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic /visitor traffic and the collaboration of other City sponsored events; 15.4 Approve the "Agreement for Special Services between the City of Temecula Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management" in the amount of $71,530 and authorize the Chairman to sign on behalf of the Agency. 16 Amendment to the Purchase and Sale Agreement and Escrow Instructions between the Redevelopment Agency of the City of Temecula and Temecula Water Park L.P. for the sale of Agency -owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN 909 370 -002) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND TEMECULA WATER PARK, L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN 909 370 -002) 7 RDA DEPARTMENTAL REPORT 17 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT JOINT CITY COUNCIL /RDA BUSINESS RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. CITY COUNCIL BUSINESS 18 Proposed Ordinance to Amend Section 3.2070 of the City of Temecula Municipal Code (Reporting and Remitting), and 3.20110 (Appeal) of the City of Temecula Municipal Code Relating to Transient Occupancy Tax RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX 18.2 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TRANSIENT OCCUPANCY TAX APPEAL FEE SCHEDULE DEPARTMENTAL REPORTS 19 Economic Development Department Monthly Report 8 20 Planning Department Monthly Report 21 City Council Travel /Conference Report September 2009 22 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, November 10, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. NO110E TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula 8:00 5:00 PM). In addition, such material will be made available on the City's web www.citvoftemecula.orq— 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. 9 PRESENTATIONS CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 13, 2009 7:00 PM 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the potential lease and renovation of the Sparkman Alternative Education Center at 32225 Pio Pico, Temecula California, owned by the Temecula Valley Unified School District. The parties to the negotiations for lease and renovation of the Sparkman Alternative Education Center are the Redevelopment Agency of the City of Temecula, City of Temecula, Temecula Valley Unified School District, and California State University San Marcos. Negotiator for the Agency and City is Aaron Adams, Assistant City Manager. Under negotiation are the price and terms of the potential lease and renovation of the real property. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:01 P.M. Mayor Edwards called the meeting to order, with Council Members Naggar and Roberts absent at the time the Closed Session was called to order but were in attendance of the Closed Session). The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Megan Thudium and Rachel Storhmeier Invocation: Pastor Leon Franklin of the Living Word Church Flag Salute: Council Member Comerchero 1 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Presentation on H1 N1 Virus by Dr. Eric Frykman, Director of County Health Agency PUBLIC COMMENTS Jane Laskin, representing the Musicians Workshop, commented on the grand opening of the Musicians Workshop. Chuck Rear of Temecula addressed the City Council with regard to water wastage and segregated trash. Darrell Farnbach, representing Vail Ranch Restoration Association and Temecula Historical Society, commented on the upcoming Old Fashioned BBQ. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; 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. 2 Action Minutes- Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of September 22, 2009. 3 List of Demands Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 09 -84 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 Report as of August 31, 2009 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2009. 5 California Emergency Management Agency Authorized Agent Designation Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE 6 Riverside County Mortgage Credit Certificate Program Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 3 7 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the attached Agreements totaling $1,789,000 for the funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (VVRCOG) and the City of Temecula for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project; 7.2 Authorize the City Manager to execute the Agreements. 8 Request to Increase the Contingency Amount for Pechanqa Parkway Phase II Street Improvements, PVV99 -11 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve a $350,000 increase in the contingency for the contract with All American Asphalt; 8.2 Authorize the City Manager to approve change orders not to exceed the requested increased contingency amount of $350,000; 8.3 Appropriate $350,000 from the Wolf Creek CFD fund balance to the Pechanga Parkway project. 9 Acceptance of Improvements and Notice of Completion for the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street Meadows Parkway at McCabe Drive /Sunny Meadows Drive; Project No. PW07 -09 and PVV07 -10 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Accept the construction of the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PVV07 -10, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 4 10 City Hall Parking Lot Improvements Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve a contract with Imperial Paving Company, Inc., for City Hall Parking Lot Improvements in the amount of $65,485 for Fiscal Year 2009 2010; 10.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $9,823, which is equal to 15% of the contract amount; At 7:39 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:48 P.M., the City Council resumed with regular business. CITY MANAGER REPORT None given. CITY ATTORNEY REPORT With regard to the real property negotiations, City Attorney Thorson advised that the City Council provided direction to the staff on the negotiations, noting that any formal action on the matter will be taken in open session at a future Council meeting. As to the potential litigation matter, City Attorney Thorson noted that the City Council provided direction to the City Attorney to initiate a legal action, advising that once action is filed, the City will prepare a notice as required by Government Code Section 54957 describing the action and the defendants and this notice will be on file with the City Clerk and available for review. ADJOURNMENT At 7:49 P.M., the City Council meeting was formally adjourned to Tuesday, October 27, 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: Susan W. Jones, MMC City Clerk [SEAL] 5 Maryann Edwards, Mayor ITEM NO. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: October 27, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Sief Paz, 42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. 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 $10,021,816.25. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 27th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/01/2009 TOTAL CHECK RUN 7,246,472.17 10/08/2009 TOTAL CHECK RUN 2,296,123.58 10/01/2009 TOTAL PAYROLL RUN: 479,220.50 TOTAL LIST OF DEMANDS FOR 10/27/2009 COUNCIL MEETING: 10,021,816.25 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 3,323,145.69 130 RECOVERY ACT JAG FUNDING 1,485.36 165 AFFORDABLE HOUSING 5,030,370.31 190 TEMECULA COMMUNITY SERVICES DISTRICT 170,429.22 192 TCSD SERVICE LEVEL B 4,185.68 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 7,680.15 194 TCSD SERVICE LEVEL D 9,984.95 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,968.30 197 TEMECULA LIBRARY FUND 16,643.57 210 CAPITAL IMPROVEMENT PROJECTS FUND 832,456.34 280 REDEVELOPMENT AGENCY CIP PROJECT 19,058.36 300 INSURANCE FUND 18,854.04 320 INFORMATION SYSTEMS 45,295.27 330 SUPPORT SERVICES 8,783.00 340 FACILITIES 23,979.68 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,703.90 460 CFD 88 -12 DEBT SERVICE FUND 1,456.36 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 1,853.55 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,588.75 474 AD03 -4 JOHN WARNER ROAD DEBT SERVICE 529.58 475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 1,456.36 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 1,456.36 477 CFD- RORIPAUGH 7,592.41 700 CERBT CALIFORNIA EE RETIREE GASB45 5,638.56 001 GENERAL FUND 268,397.69 165 AFFORDABLE HOUSING 10,736.70 190 TEMECULA COMMUNITY SERVICES DISTRICT 115,470.46 192 TCSD SERVICE LEVEL B 148.54 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 4,506.65 194 TCSD SERVICE LEVEL D 1,400.96 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,308.79 197 TEMECULA LIBRARY FUND 422.39 280 REDEVELOPMENT AGENCY CIP PROJECT 4,128.00 300 INSURANCE FUND 1,270.47 320 INFORMATION SYSTEMS 24,887.27 330 SUPPORT SERVICES 5,694.97 340 FACILITIES 9,103.54 375 SUMMER YOUTH EMPLOYMENT PROGRAM 19,361.23 700 CERBT CALIFORNIA EE RETIREE- GASB45 12,382.84 9,542,595.75 479,220.50 TOTAL BY FUND: 10,021,816.25 apChkLst Final Check List Page: 1 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 1339 09/28/2009 007659 FIRST AMERICAN TITLE OPA Summerhouse proj 5,000,000.00 5,000,000.00 INSURANCE 1340 10/01/2009 000245 PERS HEALTH INSUR PREMIUM Blue Shield HMO Payment 0.00 PERS Health Admin Cost Payment 76,305.01 76,305.01 1341 10/01/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 4,667.60 4,667.60 SOLUTION 1342 10/01/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 1343 10/01/2009 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,098.92 Child Care Reimbursement Payment 578.84 578.84 0.00 9,098.92 1344 10/01/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 115,858.18 115,858.18 RETIREMENT) 1345 10/01/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,607.99 16,607.99 SOLUTION 1346 10/01/2009 000283 INSTATAX(IRS) Federal lncomeTaxes Payment 82,895.92 82,895.92 1347 10/01/2009 000444 INSTATAX (EDD) State Disability Ins Payment 23,675.40 23,675.40 134180 10/01/2009 009604 12MILESOUT.COM video streaming svcs:info sys 1,500.00 1,500.00 134181 10/01/2009 003552 AFLAC AFLAC Cancer Payment 3,183.08 3,183.08 134182 10/01/2009 004767 ALERT ALL CORPORATION Jul educ promo items:fire prey 4,002.00 4,002.00 134183 10/01/2009 003951 ALL AMERICAN ASPHALT Jul Prog Pmt:R.C. Pave Rehab 105,393.01 Sep Prog Pmt:Pech. Pkwy II 60,050.76 165,443.77 134184 10/01/2009 009374 ALLEGRO MUSICAL VENTURES piano tuning repair:theater 290.00 290.00 134185 10/01/2009 006915 ALLIE'S PARTY EQUIPMENT Misc rentals:special event pgrm 291.58 Misc rentals:spec event pgrm:9 /11 33.71 Rental equip:Team Pace Events 101.12 426.41 134186 10/01/2009 013015 ALWAYS RELIABLE BACKFLOW Backflow Test /Repair:Medians /Prks 418.00 418.00 Pagel apChkLst Final Check List Page: 2 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134187 10/01/2009 004422 AMERICAN BATTERY (2)Batteries for Radar Trailer 214.66 214.66 CORPORATION 134188 10/01/2009 004240 AMERICAN FORENSIC NURSES phlebotomy svcs:police:CHP 790.00 phlebotomy svcs:police:TE 750.50 1,540.50 134189 10/01/2009 000101 APPLE ONE INC temp help:csd:Vanessa Ortiz 266.25 266.25 134190 10/01/2009 003203 ARTISTIC EMBROIDERY uniforms: recreation staff 603.75 603.75 134191 10/01/2009 012834 AUDIO ADDICTION INC vehicle repair:fire prey truck A -15 162.63 162.63 134192 10/01/2009 002648 AUTO CLUB OF SOUTHERN membership:Serven, Richard 47.00 47.00 CALIF 134193 10/01/2009 006551 BARBIES HOT DOGS refreshments:C. Museum event 2,140.00 2,140.00 134194 10/01/2009 004386 BEAR COMMUNICATIONS INC radio headset rentals:FIT pgrm 255.08 255.08 134195 10/01/2009 004262 BIO -TOX LABORATORIES DUI drug lab testing svcs:police 448.29 DUI drug lab testing svcs:police 855.00 1,303.29 134196 10/01/2009 005665 BLACK'S TOWING veh towing svcs:Police 130.00 130.00 134197 10/01/2009 012583 BLANCA Y PRICE Ldscp Plan Ck /Inspec:PIng 2,220.00 2,220.00 134198 10/01/2009 006908 C C COMPANY INC Entertain Dep:Harv. Carnival 10/30 150.00 150.00 134199 10/01/2009 003138 CAL MAT citywide street repairs:PW 400.92 citywide street repairs:PW 810.19 citywide street repairs:PW 274.83 citywide street repairs:PW 215.98 1,701.92 134200 10/01/2009 004248 CALIF DEPT OF JUSTICE- June Blood Alcohol Analysis:PD 35.00 ACCTING July Blood Alcohol Analysis:PD 1,470.00 1,505.00 134201 10/01/2009 000790 CALIF DEPT OF PESTICIDE lic renewal:Thurman, David M. 60.00 60.00 134202 10/01/2009 011510 CATO GEOSCIENCE INC Prog Eir Review:Liberty Quarry #3 11,850.00 11,850.00 134203 10/01/2009 001139 CHIP MORTON PHOTOGRAPHY photography svcs:eco dev 250.00 250.00 Page2 apChkLst 10/01/2009 Check Date Final Check List 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Vendor 134204 10/01/2009 004609 CINTAS DOCUMENT MANAGEMENT 134205 10/01/2009 005708 CLEAR CHANNEL BROADCASTING INC 134206 10/01/2009 008594 COMMUNITY BANK 134207 10/01/2009 004405 COMMUNITY HEALTH CHARITIES 134208 10/01/2009 002945 CONSOLIDATED ELECTRICAL DIST. 134209 10/01/2009 012353 CONSTRUCTION TESTING 134210 10/01/2009 001264 COSTCO WHOLESALE 134213 10/01/2009 012600 DAVID EVANS ASSOCIATES INC 134214 10/01/2009 013174 DAWSON, RONALD 134215 10/01/2009 003945 DIAMOND ENVIRONMENTAL SRVCS 134216 10/01/2009 004799 E C S IMAGING INC 134217 10/01/2009 005115 ENTERPRISE RENT A CAR INC 134218 10/01/2009 012630 ERICKSON -HALL CONSTRUCTION CO 134219 10/01/2009 000164 ESGIL CORPORATION (Continued) Description Doc Shred Svcs:Pd Storefront Broadcst Kmyt:Hot Summer Nites Broadcst Ktmq:Hot Summer Nites Broadcst Kmyt:Hot Summer Nites Broadcst Ktmq:Hot Summer Nites rel. escrow:All Amer Asph /pech pkwy rel. escrow:All Amer Asph /pave rehab Community Health Charities Payment misc elect supplies:var park sites Aug geotech svcs:civic center artist hospitality supplies:theater 134211 10/01/2009 010433 COUNTRYMAN ASSOCIATES INC Misc Equip:Ot Theater 134212 10/01/2009 010650 CRAFTSMEN PLUMBING HVAC sound system motor: old town INC design engineering svcs:liefer rd EE computer loan prgm Port. Restroom:Teen Dance Pgrm Scanner 5750 Parts:Info Sys excursion transport:teen camp 7/7 excursion transport:teen camp 7/14 Aug TCC expansion: PW CIP plan review svcs: B &S Dept Amount Paid 34.13 800.00 800.00 630.00 630.00 6,672.31 11,710.34 106.00 7.85 36,262.50 73.01 222.11 874.29 1,816.00 1,505.12 251.75 180.53 142.72 142.72 68,238.79 Page: 3 Check Total Page3 34.13 2,860.00 18,382.65 106.00 7.85 36,262.50 73.01 222.11 874.29 1,816.00 1,505.12 251.75 180.53 285.44 68,238.79 9,781.26 9,781.26 apChkLst Final Check List Page: 4 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134220 10/01/2009 009953 FEDERAL CLEANING janitorial svcs:police mall ofc 625.00 625.00 CONTRACTORS 134221 10/01/2009 004310 FEDEX GROUND INC Express Mail Service 460.16 Express Mail Service:Police 21.46 481.62 134222 10/01/2009 000206 FEDEX KINKOS INC Shpg Supplies:Central Svcs 71.74 Shpg Supplies:Central Svcs 43.46 115.20 134223 10/01/2009 013176 FIGARI, ADRIANA refund:adult swim 5001.204 40.00 40.00 134224 10/01/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live...Merc9 /18 227.50 227.50 134225 10/01/2009 008016 G M CUSTOM UPHOLSTERY Upholstery Repair:PD Motorcycles 100.00 100.00 134226 10/01/2009 007866 G C S SUPPLIES INC misc computer supplies:info sys 624.77 624.77 134227 10/01/2009 010326 G E MOBILE WATER, INC reverse osmosis washer:FS #73 126.15 reverse osmosis washer:FS #73 55.00 181.15 134228 10/01/2009 003946 G T ENTERTAINMENT program MC:9/11 Remembrance 150.00 150.00 134229 10/01/2009 007279 GAIL MATERIALS INC mound clay: r reagan sports park 1,045.00 1,045.00 134230 10/01/2009 013076 GAUDET, YVONNE M. TCSD instructor earnings 1,078.00 1,078.00 134231 10/01/2009 010045 GILPIN, BRADLEY refund: toddler swin 5080.602 40.00 40.00 134232 10/01/2009 009608 GOLDEN VALLEY MUSIC Oct /Nov /Dec:Merc '09 Classics 4,875.00 4,875.00 SOCIETY 134233 10/01/2009 003792 GRAINGER Pump Repair @Hare Lake Park 161.00 161.00 134234 10/01/2009 008081 HALL FOREMAN INC Jul eng svc:santa gertrudis crk 159.68 Aug Eng Svcs:Santa Gertrudis Crk 4,605.18 4,764.86 134235 10/01/2009 012954 HANEY, JOHN THOMAS plan review svcs: B &S Dept 3,657.72 plan review svcs: B &S Dept 112.76 3,770.48 Page:4 apChkLst Final Check List Page: 5 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 134236 10/01/2009 000186 HANKS HARDWARE INC misc hardware supplies:city hall 157.06 misc hardware supplies:mpsc 44.09 misc hardware supplies:mpsc 192.29 misc hardware supplies:tcc 13.23 misc hardware supplies:info sys 6.50 misc hardware supplies:c. museum 73.03 misc hardware supplies:library 2.12 misc hardware supplies:var park sites 880.07 misc hardware supplies:fs#12 397.51 misc hardware supplies:harveston park 18.78 misc supplies:pw maint crews 18.29 misc hardware supplies:recreation 122.52 misc equipment:b &s dept 3.24 1,928.73 134237 10/01/2009 013099 HAVEN TECHNOLOGY CORP Speaker:theater ticket window 1,002.11 1,002.11 134238 10/01/2009 000963 HOGAN, DAVID Retirement Medical Payment 699.00 699.00 134239 10/01/2009 010210 HOME DEPOT SUPPLY INC, THE misc supplies:var park sites 31.29 small tools /equip:various parks 28.21 59.50 134240 10/01/2009 006492 HRUSKA, ROSEANN Retirement Medical Payment 357.59 357.59 134241 10/01/2009 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 7,313.71 7,313.71 303355 134242 10/01/2009 004406 IGOE COMPANY INC Aug flex benefit plan pmt 294.00 credit:Aug flex benefit plan pmt -42.00 Sep flex benefit plan pmt 264.00 credit:Sep flex benefit plan pmt -12.00 504.00 134243 10/01/2009 006914 INNOVATIVE DOCUMENT Aug Copier Maint,Repair,Usage:Library 610.62 SOLUTIONS Aug Copier MaintlUsage:Citywide 4,519.66 5,130.28 134244 10/01/2009 001407 INTER VALLEY POOL SUPPLY chemical supplies:aquatics 551.53 551.53 INC 134245 10/01/2009 003266 IRON MOUNTAIN OFFSITE Storage /Fees:City /Is Backup Tape 351.38 351.38 134246 10/01/2009 004884 J W REDWOOD LUMBER CO misc supplies lumber:old town 99.34 99.34 INC 134247 10/01/2009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00 Pagea apChkLst Final Check List Page: 6 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134262 10/01/2009 012580 MINUTEMAN PRESS 134263 10/01/2009 012264 MIRANDA, JULIO C. 134264 10/01/2009 001892 MOBILE MODULAR 134265 10/01/2009 011329 MOGHADAM, ALI (Continued) Description business cards: Capt. B. Owens 74.39 business cards: front reception 45.37 2 stamps: b &s dept 52.20 TCSD Instructor Earnings TCSD Instructor Earnings 9/13 -10/12 modular lease: The Pantry Amount Paid Check Total 134248 10/01/2009 009336 KOPIE SHOP LLC promo items:theater 538.48 538.48 134249 10/01/2009 000209 L M FERTILIZER INC misc parts supplies:pw maint 44.17 44.17 134250 10/01/2009 012945 LABELLE- MARVIN INC Material Test:Citywide Slurry Seal 17,105.00 17,105.00 134251 10/01/2009 012164 LECLERC, JOHN MICHAEL entertain:hot summer nights 9/4 250.00 250.00 134252 10/01/2009 000482 LEIGHTON CONSULTING INC Jun -Aug Geotech Svc:Pech Pkwy 3,901.50 3,901.50 134253 10/01/2009 003726 LIFE ASSIST INC Emerg. Medical Supplies:Medics 179.04 Emerg. Medical Supplies:Medics 310.01 489.05 134254 10/01/2009 004087 LOWES INC misc supplies:old town theater 13.65 13.65 134255 10/01/2009 004813 M J PAUL ENTERPRISES INC Entertainment:FAM night 8/14 424.00 424.00 134256 10/01/2009 004013 M M REFRIG., HEATING A -C Res Impry Prgm:Anderson 3,978.00 3,978.00 134257 10/01/2009 004141 MAINTEX INC Misc custodial supplies:foc 6.74 6.74 134258 10/01/2009 012269 MARQUEZ, JOSEPH Htl deposit:NAYC conf 11)7 -11/09 312.74 312.74 134259 10/01/2009 011909 MCFARLIN ANDERSON LLP Legal srvcs:roripaugh cfd 03-02 2,520.00 2,520.00 134260 10/01/2009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,923.96 7,923.96 134261 10/01/2009 007210 MIDORI GARDENS mainline repairs: wolf creek prk 8/5 285.42 285.42 714.00 588.00 1,302.00 1,042.91 1,042.91 Retirement Medical Payment 654.72 654.72 Page:6 171.96 apChkLst Final Check List Page: 7 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134266 10/01/2009 012941 MONSTER MURAL LLC, THE Shipping fees:old town mural 400.00 400.00 134267 10/01/2009 013173 MURPHY, DEBI refund:citation #3170 150.00 150.00 134268 10/01/2009 001986 MUZAK- SOUTHERN CALIFORNIA Oct music broadcast:Old Town 69.11 69.11 134269 10/01/2009 013126 MUZIK t-shirts:Jr. Novice Tennis Tournament 1,161.00 1,161.00 134270 10/01/2009 002925 NAPA AUTO PARTS City veh. parts /supplies: Sta 84 25.97 25.97 134271 10/01/2009 013177 NAT'L ASSN OF YOUTH COURTS NAYC Cf 11/8 -11/09 Marquez /Southern 650.00 650.00 INC 134272 10/01/2009 005333 NATIONAL ASSOC CITIZENS- Citizen Patrol Cf:(8) CAP volunteers 120.00 120.00 PATROL 134273 10/01/2009 000727 NATIONAL FIRE PROTECTION Promo items:fire prevention 388.17 388.17 ASSN 134274 10/01/2009 005006 NBS GOVERNMENT FINANCE Spcl tax admin srvcs:CFD's 10,459.29 10,459.29 GROUP 134275 10/01/2009 000233 NELSON, SHAWN reimb: Sept '09 internet services 44.99 44.99 134276 10/01/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children's museum 32.55 32.55 DIV 134277 10/01/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:Bldg Safety City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:PW GIP City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:City Mgr 578.18 58.21 36.57 31.61 653.95 36.57 190.06 36.57 180.45 479.28 2,281.45 134278 10/01/2009 013171 ORTEGA, VINCENT refund:high hopes excur 4400.201 12.80 12.80 134279 10/01/2009 010906 P C R SERVICES CORPORATION Aug Air Quality Consulting:Planning 8,483.50 8,483.50 Page:7 apChkLst 10/01/2009 Final Check List 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134280 10/01/2009 003955 PANE CONSULTING SERVICE Promo items:sister city pgrm (PCS) Promo items:sister city pgrm 134281 10/01/2009 012833 PC MALL GOV, INC. (75) Monitors:lnfo Sys 134282 10/01/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment PROGRAM 134283 10/01/2009 010338 POOL ELECTRICAL PRODUCTS pool supplies/chemicals: crc tes pools INC 134284 10/01/2009 005820 PRE -PAID LEGAL SERVICES INC PrePaid Legal Services Payment 134285 10/01/2009 013081 PRIORITY DOOR SYSTEMS Bay door repair: Stn 73 134286 10/01/2009 005075 PRUDENTIAL OVERALL SUPPLY Aug uniform /flr mts/twl rentals:city credit:billing adj /city hall credit:billing adj /PW Maint Uniform equip:police patches TCSD Instructor Earnings Aug dsgn:redhawk parks improv 134287 10/01/2009 008024 QUARTERMASTER INC 134288 10/01/2009 011706 QUINN, AMY 134289 10/01/2009 004029 R J M DESIGN GROUP INC 134290 10/01/2009 000262 RANCHO CALIF WATER DISTRICT sept:01 -04- 47069 -1 margarita rd 134291 10/01/2009 004584 REGENCY LIGHTING 134292 10/01/2009 003591 RENES COMMERCIAL MANAGEMENT 134293 10/01/2009 002110 RENTAL SERVICE CORPORATION sept:01- 0474088 -3 margarita rd sept:01- 04-87360 -1 rancho cal rd sept:01- 15- 00101 -2 win creek ave sept:01- 15- 01500 -2 margarita rd sept:01 -20- 90000 -2 de portola rd sept:01- 23- 00178 -3 butterfield stage sept:01- 21- 05000 -3 channel st sept:01 -20- 90005 -2 de portola rd Misc electrical supplies:var park sites Trash weed abatement:City R -O -Ws Amount Paid 737.25 1,344.44 17,562.25 169.04 37.56 408.55 597.63 1,834.47 106.26 499.29 366.96 336.00 1,768.23 53.60 71.99 113.69 406.72 388.97 200.21 59.47 998.51 84.69 383.02 2,370.00 Page: 8 Check Total Page:8 2,081.69 17,562.25 169.04 37.56 408.55 597.63 1,228.92 366.96 336.00 1,768.23 2,377.85 383.02 2,370.00 Tool and equipment rental: PW Maint 8.66 8.66 apChkLst Final Check List Page: 9 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134294 10/01/2009 013175 RIVER SPRINGS CHARTER refund:sec dep:crc 150.00 150.00 SCHOOL 134295 10/01/2009 000353 RIVERSIDE CO AUDITOR FY 09 -10 LAFCO assessment fees 7,183.39 7,183.39 134296 10/01/2009 000353 RIVERSIDE CO AUDITOR Aug '09 parking citation assessments 6,795.00 6,795.00 134297 10/01/2009 001592 RIVERSIDE CO INFO Aug radio rental maint:police/prk 1,568.58 1,568.58 TECHNOLOGY 134298 10/01/2009 000406 RIVERSIDE CO SHERIFFS DEPT 7/16- 8 /12 /09:lawenforcement 1,338,109.78 Aug '09 booking fees 1,721.61 1,339,831.39 134299 10/01/2009 000406 RIVERSIDE CO SHERIFFS DEPT F.I.T. Walk patrol srvcs 9/13/09 779.15 779.15 134300 10/01/2009 001365 RIVERSIDE COUNTY OF 11/09 -10/10 renew permit:crc /ar0024155 688.00 688.00 134301 10/01/2009 004822 RIVERSIDE TRANSIT AGENCY Aug co-op agrmnt pmt:temecula trolley 25,000.00 25,000.00 134302 10/01/2009 013172 ROMAIN, LISA A. refund:sec dep: RRSP 150.00 150.00 134303 10/01/2009 000815 ROWLEY, CATHY TCSD Instructor Earnings 350.00 TCSD Instructor Earnings 35.00 TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 385.00 TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 490.00 TCSD Instructor Earnings 112.00 2,037.00 134304 10/01/2009 005329 SAFE ALTERNATIVE FOR FY 09/10 Council Comm.Srvc.Funding 4,000.00 4,000.00 EVERYONE 134305 10/01/2009 007582 SAFEGUARD DENTAL VISION SafeGuard Vision Plan Payment 996.80 996.80 134306 10/01/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 134307 10/01/2009 008529 SHERIFFS CIVIL DIV- CENTRAL Support Payment 408.56 408.56 134308 10/01/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 200.00 200.00 Page9 apChkLst Final Check List Page: 10 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134311 10/01/2009 009213 SHERRY BERRY MUSIC 134312 10/01/2009 009746 SIGNS BY TOMORROW 134313 10/01/2009 000645 SMART FINAL INC 134314 10/01/2009 000537 SO CALIF EDISON (Continued) Description 134309 10/01/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 134310 10/01/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Payment Three Divas? theater settlement Jazz the Merc 9/17/09 Event banners stand:TCSD Misc supplies:rythm dance 9/19/09 Hospitality supplies:theater sept:2- 20-817 -9929 Police O.T. Stn sept:2- 31- 693 -9784 ynez rd aug:2 -31 -693 -9784 ynez rd sept:2 -31- 031 -2616 diaz rd ped sept:2 -29- 807 -1093 Irrigation Diaz Rd sept:2 -29 -657 -2787 Winchester Rd sept:2 -14- 204 -1615 Front St Rdio sept:2 -31- 282 -0665 diaz rd ped sept:2- 29- 223 -8607 Old Twn PED sept:2- 25- 393 -4681 TES Pool sept:2- 29- 953 -8249 Wolf Crk Dr PED sept:2- 29- 953 -8082 Wolf Valley sept:2- 29- 458 -7548 Wolf Crk PED sept:2- 29- 295 -3510 Wolf Vlly sept:2 -27 -371 -8494 Offsite Storage sept:2 -29- 224 -0173 Fire Stn sept:2 -30 -520 -4414 tem pkwy sept:2 -21- 981 -4720 Hwy 79S sept:2- 28- 904 -7706 Overland Trail sept:2 -31- 404 -6020 old town front st sept:2 -19- 171 -8568 Wedding Chpl sept:2 -00- 397 -5042 City Hall sept:2 -02 -351 -4946 MPSC sept:2 -18- 937 -3152 T.Museum sept:2- 31- 419 -2873 hwy 395 sept:2- 29- 933 -3831 FOC sept:2 -29- 807 -1382 Irrigation Meter sept:2 -29- 807 -1226 Diaz Rd Irrigation Amount Paid Check Total 100.00 100.00 100.00 100.00 566.25 304.50 870.75 526.37 526.37 42.67 131.19 173.86 371.85 378.97 341.05 18.73 20.23 19.20 41.47 21.05 528.09 670.68 19.84 22.84 225.55 1,784.96 27.89 2,852.33 289.11 35.88 164.04 1,566.84 62.66 9,685.12 2,477.37 1,410.83 19.20 3,156.49 21.12 19.18 26,252.57 Pagel 0 apChkLst 10/01/2009 Final Check List 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134315 10/01/2009 001212 SO CALIF GAS COMPANY 134316 10/01/2009 002503 SOUTH COAST AIR QUALITY 134317 10/01/2009 000519 SOUTH COUNTY PEST CONTROL Pest control: richmond amer slopes INC 134318 10/01/2009 007762 STANDARD INSURANCE COMPANY 134319 10/01/2009 012723 STANDARD INSURANCE COMPANY 134320 10/01/2009 012188 STRONG FAMILIES 134321 10/01/2009 007698 SWANK MOTIONS PICTURES, INC. 134322 10/01/2009 000305 TARGET BANK BUS CARD SRVCS 134323 10/01/2009 001547 TEAMSTERS LOCAL 911 134324 10/01/2009 012265 TEMECULA ACE HARDWARE C/O Aug supplies:var park sites 134325 10/01/2009 011736 TEMECULA TROPHY INC 134326 10/01/2009 000306 TEMECULA VALLEY PIPE SUPPLY 134327 10/01/2009 004274 TEMECU LA VALLEY SECURITY CENTR 134328 10/01/2009 000668 TIMMY D PRODUCTIONS INC 134329 10/01/2009 012725 TRZOP, NICHELLE (Continued) Description sept:184 -130- 6150 -0 pujol st sept:091- 085 1632 -0 T.E.S. Pool sept:091- 024 9300 -5 CRC sept:101- 525 0950 -0 TCC sept:133- 040 7373 -0 Maint Fac Sept 101 525 1560 -6 Fire Stn 73 sept:129 582 9784 3 FOC Air quality services fee: Stn 84 Air quality fees: Stn 84 credit:billing adj /richmond am er slopes Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment TCSD Instructor Earnings "Wall- E "rental:movies /park 8/21 "Madagascar 2" rental:m ovies /park 8/7 Misc supplies: Harvest Carnival Union Dues Payment Commission recogn awards Maint supplies:Harveston Lake locksmith srvcs: var park sites Sound tech srvcs:volunteer recog. 9/9 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid 147.72 241.38 595.67 15.64 19.27 53.74 18.36 86.69 109.00 94.00 -10.00 9,841.96 611.50 14.00 421.00 421.00 94.76 5,026.00 20.13 430.65 3.45 214.24 750.00 1,411.20 940.80 940.80 Page: 11 Check Total Page:11 1,091.78 195.69 84.00 9,841.96 611.50 14.00 842.00 94.76 5,026.00 20.13 430.65 3.45 214.24 750.00 3,292.80 apChkLst Final Check List Page: 12 10/01/2009 1:34:30PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134330 10/01/2009 001561 U S A MOBILITY WIRELESS INC Sept: paging /rental svcs 143.12 143.12 134331 10/01/2009 008517 UNITED SITE SERVICES OF 9/10 -10/7 fence rental:Main St Bridge 26.64 26.64 CA,INC 134332 10/01/2009 000199 UNITED STATE TREASURY Support Payment 250.00 250.00 134333 10/01/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 134334 10/01/2009 004261 VERIZON sept:xxx -5696 Sports Complex 35.52 sept:xxx -3526 fire alarm 106.54 sept:xxx -9196 tcc 535.05 sept:xxx -2016 reverse 911 120.33 sept:xxx -5706 Field OPS Cntr 181.06 sept:xxx -2676 general usage 35.52 1,014.02 134335 10/01/2009 012292 VIAMEDIA INC Advertising: Street Painting Festival 2,185.54 2,185.54 134336 10/01/2009 010487 WATSON, LUKE reimb:business phone usage 52.50 52.50 134337 10/01/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:crc /foc 236.10 236.10 134338 10/01/2009 009173 WORD MILL PUBLISHING Advertising:senior health fair 2009 375.00 375.00 134339 10/01/2009 000348 ZIGLER, GAIL reimb:team pace event 9/24/09 67.50 67.50 Grand total for UNION BANK OF CALIFORNIA: 7,246,472.17 Page:12 apChkLst Final Check List Page: 13 10/01/2009 1:34:30PM CITY OF TEMECULA 169 checks in this report. Grand Total All Checks: 7,246,472.17 Page:13 apChkLst Final Check List Page: 1 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 134340 10/02/2009 013180 GROGG, JEFF AND LISA release claim agreement payment 3,039.41 3,039.41 134341 10/08/2009 012587 1ST RECON BN Council Csf:lst Recon Adopt Comm 275.00 275.00 134342 10/08/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 800.00 800.00 134343 10/08/2009 013194 ABBOTT LABORATORIES refund:sec dep:picnic shelter RRSP 150.00 150.00 134344 10/08/2009 003951 ALL AMERICAN ASPHALT Sep Prog Pmt:Pechanga Pkwy li 27,342.00 27,342.00 134345 10/08/2009 006915 ALLIE'S PARTY EQUIPMENT Rental Equip:Youth Media Fest 9/12 187.79 Rental Equipment:Teen Dances 225.11 412.90 134346 10/08/2009 012943 ALPHA MECHANICAL SERVICE replace condensor fan motor:crc 660.47 660.47 INC 134347 10/08/2009 013015 ALWAYS RELIABLE BACKFLOW Backflow Test:39569 Seraphina 22.00 22.00 134348 10/08/2009 013195 AMERICAN AGCREDIT refund:engineer refundable dep 90,390.00 90,390.00 134349 10/08/2009 004240 AMERICAN FORENSIC NURSES phlebotomy svcs:CHP police 197.50 phlebotomy svcs:TE police 316.00 513.50 134350 10/08/2009 000936 AMERICAN RED CROSS lifeguards certification cards 344.00 344.00 134351 10/08/2009 002187 ANIMAL FRIENDS OF THE Aug Animal control services VALLEYS 134352 10/08/2009 001323 ARROWHEAD WATER INC drinking water:crc drinking water:skate park drinking water:history museum drinking water:TCC drinking water:childrens museum drinking water:theater drinking water:Library drinking water:west wing drinking water:city hall drinking water:FOC bottled water svcs:aquatics bottled wtr svcs:city council ofc 13,000.00 13,000.00 63.75 8.69 18.05 21.33 27.84 64.78 55.03 161.66 282.07 102.36 4.34 12.56 Page:1 822.46 apChkLst Final Check List Page: 2 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid 134353 10/08/2009 002648 AUTO CLUB OF SOUTHERN membership:Vedra, Donna 47.00 CALIF Check Total membership:Camberos, Dino 47.00 membership:Norman, Flint 47.00 membership:Gonzalez, Gustavo 47.00 188.00 134354 10/08/2009 012938 B T WORKS INC Prog Pmt #2:Citywide Concrete Repairs 54,822.96 credit:CO#2:citywide concrete repairs 9,818.82 45,004.14 134355 10/08/2009 002541 BECKER CONSTRUCTION SRVS R &R work:30261 santa cecilia 2,325.00 INC street maint:46133 via las tranquila 2,265.00 4,590.00 134356 10/08/2009 004040 BIG FOOT GRAPHICS marketing materials:recycling pgrm 565.00 565.00 134357 10/08/2009 012583 BLANCAY PRICE Ldscp Plan Ck /Inspec:PIng 2,900.00 2,900.00 134358 10/08/2009 013181 BOTELLO, MARGARET reimb:dog house classesNRMS 8.00 8.00 134359 10/08/2009 003138 CAL MAT asphalt:citywide street repairs 411.03 411.03 134360 10/08/2009 000502 CALIF MUNI STATISTICS city debt stmt as of 6/30/09 850.00 850.00 134361 10/08/2009 004971 CANON FINANCIAL SERVICES, Sep copier lease agrmnt:fire 182.55 INC Oct copier lease agrmnt:fire 182.55 365.10 134362 10/08/2009 009640 CERTIFION CORPORATION Jul Entersect Police Online Database 167.90 Aug Entersect Police Online Database 176.85 344.75 134363 10/08/2009 013186 CHADD, MARY refund:gift cert 2222.101 125.00 125.00 134364 10/08/2009 000137 CHEVRON AND TEXACO City vehicles fuel:CM 295.59 295.59 134365 10/08/2009 012902 CHOUCAIR, CAROLE FARID Mosaic Mural Art Work:Civic Center 16,000.00 16,000.00 134366 10/08/2009 004609 CINTAS DOCUMENT document shredding sys:citywide 128.64 128.64 MANAGEMENT 134367 10/08/2009 008594 COMMUNITY BANK Rel /Escrow:Pech. Pkwy Ph II 3,038.00 3,038.00 134368 10/08/2009 006303 CONDUIT NETWORKS, INC Install Wireless Link:Tcc To Safehse 1,983.29 network svcs /maint:info sys 81.25 2,064.54 Page2 apChkLst Final Check List Page: 3 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134369 10/08/2009 001264 COSTCO WHOLESALE 134370 10/08/2009 013016 CR STUDIO 4 134371 10/08/2009 012940 CRAWFORD, LILLIAN (Continued) Description refresh. /supplies:college fair 9/26 TCSD instructor earnings TCSD instructor earnings sttlmnt:Gospel...Merc 9/19,26 Amount Paid Check Total 504.32 504.32 136.50 227.50 364.00 84.00 84.00 134372 10/08/2009 011870 CRIME SCENE STERI CLEAN, LLC trauma clean -up svcs:police 7/11 500.00 trauma clean -up svcs:police 8/6 500.00 1,000.00 134373 10/08/2009 010290 CROWNE HILL ELEMENTARY refund:sec dep:crc pool 150.00 150.00 134374 10/08/2009 004123 D L PHARES ASSOCIATES Oct storefront lease:police OT 2,763.09 2,763.09 134375 10/08/2009 001393 DATA TICKET INC Aug Prkg Cite Processing:Police 1,636.30 1,636.30 134376 10/08/2009 013191 DE LA CRUZ, ALMA refund:sec dep:crc mpr 150.00 150.00 134377 10/08/2009 000684 DIEHL EVANS COMPANY LLP RDA wkshp:GR /RG 10/20 500.00 500.00 134378 10/08/2009 013182 DISNEY DESTINATIONS, LLC '09 youth court prgm:police:JM /KS 938.30 938.30 134379 10/08/2009 004192 DOWNS COMMERCIAL FUELING fuel for City vehicles:PW maint 964.24 INC FUEL FOR CITY VEHICLES:CIP /LD 375.86 fuel for city vehicles:Police 71.73 fuel for city vehicles:PW CIP 111.24 fuel for city vehicles: PW Traffic 293.91 fuel for city vehicles:TCSD 1,635.37 fuel far city vehicles:windstar:tcsd 34.69 fuel for city vehicles:B &S 312.41 fuel for city vehicles:code enforce 578.33 4,377.78 134380 10/08/2009 002528 EAGLE GRAPHIC CREATIONS Plaques: Economic Development 770.93 770.93 INC 134381 10/08/2009 011203 ENVIRONMENTAL CLEANING Sep Janitorial Svcs:Var Field Loc 5,315.00 5,315.00 134382 10/08/2009 001056 EXCEL LANDSCAPE !rig Upgrade:Redhawk Medians 229.89 229.89 134383 10/08/2009 011922 FIRST AMERICAN CORELOGIC Web Database Subsc.: Code Enf 42.00 42.00 INC Page3 apChkLst Final Check List Page: 4 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 134384 10/08/2009 FIRST BANKCARD CENTER FRONT STREET BAR GRILL HP reception youth media art fest 850.63 PAYPAL Tt Verisign Payflow Pro Trans 59.95 YAHOO! TRAVEL JC NLC conf 11/10 6.99 AMERICAN AIRLINES JC Airfare:NLC conf 11/10 250.40 HILTON RR HtI:SCAG RC:LA 9/2 121.00 AUTO CLUB OF SOUTHERN GY airfare agnt fee:NAYC:JM 70.00 CALIF US AIRWAYS GY Airfare:NAYC:JM 11/7 373.40 US AIRWAYS GY Airfare:NAYC: KS 11/7 373.40 P.F. CHANGS CHINA BISTRO GY PTSC Comm. orientation 9/24 78.66 2,184.43 134385 10/08/2009 007576 FITZPATRICK, KELLY refund:ceramic pottery #3720.204 130.00 130.00 134386 10/08/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live...Merc9 /25 192.50 192.50 134387 10/08/2009 010326 G E MOBILE WATER, INC Sep SD rental equip:FS #73 26.10 26.10 134388 10/08/2009 003946 G T ENTERTAINMENT MC event:high hopes pgrm 10/16 200.00 200.00 134389 10/08/2009 000177 GLENNIES OFFICE PRODUCTS misc supplies:MPSC 707.53 707.53 INC 134390 10/08/2009 011880 GLOBALSTAR INC EOC satellite seNce:cm ofc 108.08 108.08 134391 10/08/2009 009608 GOLDEN VALLEY MUSIC sttlemnt:lnterpreti Temeculati 9/19 214.40 214.40 SOCIETY 134392 10/08/2009 005311 H2O CERTIFIED POOL WATER pool maint svcs:crc tes pools 900.00 900.00 SPCL. 134393 10/08/2009 013189 HANDLER, KENNETH refund:sec dep:crc mpr room 150.00 150.00 134394 10/08/2009 013185 HELMS, MARY JANE reimb:dog house classesNRMS 8.00 8.00 134395 10/08/2009 001013 HINDERLITER DE LLAMAS sales tax 3rd gtr:finance 1,595.91 1,595.91 ASSOC 134396 10/08/2009 007792 HINTON, BEVERLY L. TCSD instructor earnings 112.00 TCSD instructor earnings 17.50 129.50 Page:4 apChkLst Final Check List Page: 5 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134397 10/08/2009 011625 HOLTS, ROBERT sttlemnt:R. Holts event 9/27 1,144.22 1,144.22 134398 10/08/2009 010210 HOME DEPOT SUPPLY INC, THE maint supplies: children's museum 179.47 maint supplies: children's museum 103.86 283.33 134399 10/08/2009 003198 HOME DEPOT, THE SHSGP GRANT EMERG. SUPPLIES 2,331.33 2,331.33 134400 10/08/2009 013190 HOMMEL, MIKE refund:sec dep:crc pool 150.00 150.00 134401 10/08/2009 011342 I A C ENGINEERING INC. ret. rel.:murrieta crk multi -purp trail 97,733.93 97,733.93 134402 10/08/2009 013187 IRVINE MUSEUM, THE shpg:travel exhibit:romance 8/1 -10/17 2,495.30 2,495.30 134403 10/08/2009 001186 IRWIN, JOHN TCSD instructor earnings 200.90 TCSD instructor earnings 882.00 TCSD instructor earnings 960.40 2,043.30 134404 10/08/2009 004119 J T B SUPPLY COMPANY INC School Flasher Prgm Softwre:Pw Traf 133.76 133.76 134405 10/08/2009 012285 JOHNSTONE SUPPLY B &G mech. seal:CRC 26.09 26.09 134406 10/08/2009 004481 KIMLEYHORN ASSOCIATES Aug Santiago Det. Basin Ph I 1,484.08 1,484.08 INC 134407 10/08/2009 001282 KNORR SYSTEMS INC pool equipment:CRC 3,568.56 3,568.56 134408 10/08/2009 004412 LEANDER, KERRY D. TCSD instructor earnings 1,155.00 TCSD instructor earnings 847.00 TCSD instructor earnings 630.00 TCSD instructor earnings 154.00 2,786.00 134409 10/08/2009 003726 LIFE ASSIST INC Emerg. Med Supplies:Medics 5.14 Emerg. Med Supplies:Medics 102.84 107.98 134410 10/08/2009 013188 LINFIELD CHRISTIAN SCHOOL refund:sec dep: crc pool 150.00 150.00 134411 10/08/2009 004141 MAINTEX INC Custodial supplies:theater 22.78 22.78 134412 10/08/2009 004307 MARINE BIOCHEMISTS Sep water maint srvcs:Hary /Duck Pond 3,900.00 3,900.00 134413 10/08/2009 004929 MARK FISHER COMPANY, THE '09 TV film /music graphic dsgn:Econ Dev 97.87 97.87 Pagea apChkLst Final Check List Page: 6 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134414 10/08/2009 013192 MCCROY, CYNTHIA refund:sec dep:tcc kitchen 400.00 400.00 134415 10/08/2009 006571 MELODY'S AD WORKS INC. Oct marketing promo srvcs:old town 3,000.00 3,000.00 134416 10/08/2009 012580 MINUTEMAN PRESS (1,000) doorhngrs/violation ntcs:Cod Enf 127.68 business cards:C.DeHart 65.23 business cards:b.beers 118.05 310.96 134417 10/08/2009 000883 MONTELEONE EXCAVATING Erosion control ROW:varcity prop 16,150.00 Erosion control:diaz campus site 3,000.00 19,150.00 134418 10/08/2009 013193 NAMM CALIFORNIA refund:sec dep:tcc mpr 150.00 150.00 134419 10/08/2009 002925 NAPA AUTO PARTS equip parts:tcsd 173.20 Equip repair maint:pw maint 87.61 260.81 134420 10/08/2009 008820 NEIGHBORS NEWSPAPER Oct advertising: Quilt Show 250.00 250.00 134421 10/08/2009 008528 NICHOLS, MELBURG ROSETTO Aug Dsgn:Old Town Infrastructure 25,269.50 Aug Dsgn Srvcs:Civic Center 69,210.23 94,479.73 134422 10/08/2009 010244 NO LIMITS SILK SCREEN Softball awards:sports pgrm 69.70 69.70 134423 10/08/2009 006140 NORTH JEFFERSON BUSINESS Oct -Dec assn dues xx17: French Vly 415.13 PARK Oct -Dec assn dues xx20: French Vly 564.02 979.15 134424 10/08/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:PW CIP 227.38 City Vehicle Maint Svcs:Code Enf 51.18 City Vehicle Maint Svcs:TCSD 29.95 308.51 134425 10/08/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:tiny tot pgrm 50.91 50.91 INC 134426 10/08/2009 013198 ORTENZO HAYES, KRISTINE TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 346.50 TCSD Instructor Earnings 94.50 1,827.00 134427 10/08/2009 005573 PALOMA ELEMENTARY PTA refund:sec dep: crc pool 150.00 150.00 134428 10/08/2009 002099 PASCOE MANAGEMENT LLP Oct Old Town restroom lease 826.00 826.00 134429 10/08/2009 003663 PECHANGA BAND OF LUISENO refund:sec dep:crc pool:pec school 150.00 150.00 Page:6 apChkLst Final Check List Page: 7 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134430 10/08/2009 000249 PETTY CASH Petty Cash Reimbursement 505.14 505.14 134431 10/08/2009 012689 POTTY TOTS LLC TCSD Instructor Earnings 39.90 39.90 134432 10/08/2009 012904 PRO ACTIVE FIRE DESIGN Sep plan check service: Fire Prev 5,992.79 5,992.79 134433 10/08/2009 004529 QUAID TEMECULA HARLEY- Sep veh repair maint:pd motorcycles 3,422.13 3,422.13 DAVIDSON 134434 10/08/2009 002072 RANCHO CALIF WATER DIST- add' meter:pechanga pkwy ph II 485.61 485.61 FEES 134435 10/08/2009 000262 RANCHO CALIF WATER DISTRICT sept 01- 06- 68615 -0 pujol 13.39 134439 10/08/2009 004498 REPUBLIC INTELLIGENT sept 01- 06- 68616 -0 pujol st 157.41 170.80 134436 10/08/2009 004584 REGENCY LIGHTING Misc electrical supplies:var.city 603.24 Misc electrical supplies:t. museum 107.88 711.12 134437 10/08/2009 003591 RENES COMMERCIAL Trash &weed abatement:citywide 7,967.00 7,967.00 MANAGEMENT 134438 10/08/2009 002110 RENTAL SERVICE CORPORATION Tool and equip rental: PW Maint 25.97 Tool and equip rental: PW Maint 52.11 78.08 Traffic sig repair maint:pw traffic 3,900.00 Traffic sig repair maint:pw traffic 650.00 4,550.00 134440 10/08/2009 002412 RICHARDS WATSON GERSHON Aug 2009 legal services 108,081.33 108,081.33 134441 10/08/2009 010917 RICHARDSON, PATRICK reimb:business phone charges 49.25 49.25 134442 10/08/2009 013138 RISCH, VICKI G. TCSD Instructor Earnings 70.00 70.00 134443 10/08/2009 000406 RIVERSIDE CO SHERIFFS DEPT Help Ride '09 patrol services 8/29 5,529.44 5,529.44 134444 10/08/2009 001365 RIVERSIDE COUNTY OF ann'I permit:'09 Halloween Carnival 178.00 178.00 134445 10/08/2009 001097 ROADLINE PRODUCTS INC Misc maint supplies:pwtraffic 664.07 664.07 134446 10/08/2009 013183 RUIZ, DEMILYN refund:sec dep: RRSP 150.00 150.00 Page:7 apChkLst Final Check List Page: 8 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134447 10/08/2009 009980 SANBORN, GWYN Country the Merc 9/19/09 585.00 585.00 134448 10/08/2009 008349 SHEA HOMES Dev. Impact Fee Reimbursement 265,815.00 265,815.00 134449 10/08/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 9/24/09 231.00 231.00 134450 10/08/2009 013197 SIENNA HOTEL SPA CASINO htl:traffic sgnl wrkshp 11/17 -20 r.uribe 200.91 200.91 134451 10/08/2009 009746 SIGNS BY TOMORROW Public ntc sign posting /pa09- 0040:pin 594.00 Public ntc sign posting /marg dartolo:pin 594.00 Public ntc sign posting /marg- dartolo:pin 297.00 Public ntc sign posting /pa09- 0229:pin 148.50 Public ntc sign posting /pa09- 0040:pin 445.50 Public ntc sign posting /pa09- 0009:pin 148.50 2,227.50 134452 10/08/2009 000645 SMART FINAL INC Supplies Refreshments: Msyep 9/18 1,004.84 Supplies Refreshments:Msyep 9/26 Supplies Refreshments:Msyep 9/26 Supplies Refreshments:Msyep 9/18 134453 10/08/2009 000537 SO CALIF EDISON sept:2 -29- 974 -7899 Ynez Rd LS-3 87.70 sept:2- 29- 479 -2981 Temecula Pkwy 91.00 sept:2- 28- 629 -0507 Library 14,679.74 sept:2- 29- 953 -8447 Wlf Vlly Rd PED 19.20 sept:2 -02 -502 -8077 Maint Fac 2,833.72 sept:2- 27- 805 -3194 Theater 7,824.64 sept:2- 29- 657 -2563 Var TCSD Meters 167.34 sept 2- 31- 536 -3226 pujol 944.10 sept: 2 -31- 031 -2590 ran cal LS3 42.60 sept:2 -29 -657 -2332 Redwood Rd PED 19.20 sept:2 -00- 397 -5067 various mtrs 2,044.84 134454 10/08/2009 002503 SOUTH COAST AIR QUALITY permit fee:civic center 2,051.52 134455 10/08/2009 000519 SOUTH COUNTY PEST CONTROL Sep pest control srvcs:var park sites INC 134456 10/08/2009 012652 SOUTHERN CALIFORNIA oct:gen phone use oct:gen phone use 134457 10/08/2009 004163 SPORTS CHALET folding cots:Tem.Citizens Corps 134458 10/08/2009 005786 SPRINT 8/26/09 9/25/09 cellular usage/equip Amount Paid Check Total 122.17 42.72 12.04 1,181.77 28,754.08 493.00 493.00 29.01 70.08 99.09 391.40 391.40 6,169.91 6,169.91 Page:8 2,051.52 apChkLst Final Check List Page: 9 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134474 10/08/2009 012797 TIME WARNER CABLE (Continued) Description 134461 10/08/2009 000305 TARGET BANK BUS CARD SRVCS Recreation supplies:childrens museum 49.03 Recreation supplies:childrens museum Misc supplies:Summer Day Camp Recreation Supplies FAM Program Misc supplies:mpsc 134470 10/08/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:tcc CENTR Amount Paid Check Total 134459 10/08/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 199.50 TCSD Instructor Earnings 94.50 294.00 134460 10/08/2009 011897 TAG /AMS INC Jul screening srvcs:HR dept 195.00 195.00 76.15 10.41 19.16 65.68 220.43 134462 10/08/2009 012265 TEMECULA ACE HARDWARE C/O Misc supplies:var park sites 9.45 Misc supplies:var park sites 18.48 27.93 134463 10/08/2009 013184 TEMECULA LUISENO refund:sec dep crc pool 150.00 150.00 134464 10/08/2009 003677 TEMECULA MOTORSPORTS LLC Veh repair maint:pd motorcycle 820.73 820.73 134465 10/08/2009 010848 TEMECULA PLANTSCAPE Sep '09 plant lease srvcs:Library 200.00 200.00 134466 10/08/2009 004209 TEMECULA SUNRISE ROTARY Jul -Sep bus bench install maint: PW 3,000.00 3,000.00 FOUND. 134467 10/08/2009 011736 TEMECULA TROPHY INC nameplate:JP Hannum 8.16 8.16 134468 10/08/2009 000515 TEMECULA VALLEY CHAMBER fy 09/10 1st qtr agreement pmt 34,065.00 34,065.00 OF 134469 10/08/2009 003067 TEMECULA VALLEY R V SERVICE Veh repair maint:pd command post 739.99 739.99 792.13 792.13 134471 10/08/2009 000919 TEMECULA VALLEY UNIFIED Jul '09 City vehicles fuel usage:B &S 167.40 SCHOOL refund:sec dep:crc pool:TLES 150.00 317.40 134472 10/08/2009 003941 TEMECULA WINNELSON plumbing supplies: crc 10.37 COMPANY plumbing supplies: var parks 32.73 43.10 134473 10/08/2009 010276 TIME WARNER CABLE sept:high speed internet location 58.29 58.29 refund:overpayment /inv# 5331 78.00 78.00 Page9 apChkLst Final Check List Page: 10 10/08/2009 2:31:21PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134475 10/08/2009 010299 TONY TOBIN ELEMENTARY PTA refund:sec dep: crc pool 134476 10/08/2009 007766 UNDERGROUND SERVICE ALERT Sep undrgrnd svcs alert tickets:PW 134477 10/08/2009 005574 VAIL ELEMENTARY PTA 134478 10/08/2009 013196 VAN EVERY, WILLIAM 134479 10/08/2009 004261 VERIZON refund:sec dep:crc pool reimb:dog house classes Amount Paid Check Total 150.00 150.00 180.00 180.00 150.00 150.00 100.00 100.00 sept:xxx -0049 general usage 35.52 sept:xxx -1999 general usage 40.81 sept: xxx -9897 general usage 88.07 164.40 134480 10/08/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:crc 292.41 292.41 134481 10/08/2009 000621 WESTERN RIVERSIDE COUNCIL Sept '09 TUMF Payment 1,290,501.68 1,290,501.68 OF 134482 10/08/2009 008402 WESTERN RIVERSIDE COUNTY Sept '09 MSHCP payment 19,380.00 19,380.00 134483 10/08/2009 000230 WILLDAN FINANCIAL SERVICES fy 09/10 public ntcs:csd rates /charges 13,214.23 13,214.23 134484 10/08/2009 004567 WITCHER ELECTRIC field improvements: p birdsall park 3,100.00 3,100.00 134485 10/08/2009 000348 ZIGLER, GAIL reimb:Art Gallery Opening 10/2 192.97 192.97 Grand total for UNION BANK OF CALIFORNIA: 2,296,123.58 Pagel 0 apChkLst Final Check List Page: 11 10/08/2009 2:31:21PM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks: 2,296,123.58 Pagel 1 ITEM NO. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: October 27, 2009 SUBJECT: Proposition 1A Securitization Program PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09 Approvals City Attorney Director of Finance City Manager A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH BACKGROUND: On June 9, 2009, Council adopted the Fiscal Year2009 -10 Operating Budget and at the time, staff noted the State may borrow from local governments to close its fiscal year 2009 -10 budget gap by suspending the provisions of Proposition 1A. Passed by California voters in 2004, Proposition 1A was intended to ensure local property tax revenue remained with local governments, thereby safeguarding funding for essential public services. The provisions of Proposition 1A can only be suspended if the Governor declares a State fiscal hardship, and the suspension is approved by a two thirds vote of the State Legislature. On July 28, 2009, the suspension of Proposition 1A was approved by the State Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the State's fiscal year 2009 -10 budget. By suspending Proposition 1A, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties, and special districts. For the City, this amounts to approximately $1.5 million in fiscal year 2009 -10. The State will not be required to repay the borrowed property tax until June 2013. As a part of the adopted State budget, a program was created for California public agencies to relieve the burden of loaning the State property tax revenues by authorizing the California Statewide Communities Development Authority (California Communities) to purchase the property tax receivable due to local agencies from the State. California Communities is a joint powers authority created in 1988 to provide the structure for tax exempt bond issuances to local governments. It is cosponsored by the League of California Cities and the California Association of Counties. In a simultaneous transaction, California Communities will issue bonds and remit the cash proceeds from the issuance to the participating local agencies in two equal installments: in January 2010 and May 2010. The payment dates are structured to coincide with the dates that the State will be taking property tax from local agencies. If the City participates in the Financing Program, the City will receive 100% of the Proposition 1A receivable due. Principal and interest on the bonds will be an obligation of the State. The City will have no obligation with respect to the repayment of the bonds, nor any reporting, disclosure, or other compliance obligations associated with the bonds. All issuance costs will be paid by the State. The funds received by the City may be used for any lawful purpose of the City and are not restricted. California Communities is the only State authorized issuer to sell these bonds. In order to participate, the governing body of each entity must pass an authorizing resolution prior to November 6 2009 that approves the execution and delivery of the Sale Resolution, Purchase and Sale Agreement, and other related documents. The City is not legally committed to participate until these documents have been received by California Communities on or before November 6, 2009. If local agencies choose not to participate in the bond securitization, they will receive repayment of their borrowed property tax, plus interest earnings of 2 no later than June 2013. The City's participation in the Proposition 1A Securitization Program was discussed with the Finance Subcommittee, consisting of Council Members Edwards and Naggar, on Tuesday, October 13, 2009. The Subcommittee was supportive of the City's participation in the Program. FISCAL IMPACT: By participating in the Financing Program, the City will ensure it receives 100% of the property tax borrowed by the State in fiscal year 2009 -10. The Proposition 1A bonds will be issued by California Communities, and all debt service payments and costs of issuance will be paid for by the State with no obligation on the part of the City. ATTACHMENTS: Resolution No. 09- Purchase and Sale Agreement dated as of November 1, 2009 Certificate of the Seller Re: Components of Proposition 1A Receivables RESOLUTION NO. CITY COUNCIL OF THE CITY OF TEMECULA A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act certain local agencies within the State of California (the "State are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Temecula, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1A receivable as defined in Section 6585(g) of the California Government Code (the "Proposition 1A Receivable namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State the "Purchaser has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition 1A Receivable and the Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from the Seller and the purchase price of other Proposition 1A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee which Bonds will be payable solely from the proceeds of the Seller's Proposition 1A Receivable and other Proposition 1A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition 1A Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Temecula to secure a borrowing, (ii) any such sale of its Proposition 1A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition 1A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1A Receivable sold to the Purchaser and the Proposition 1A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Temecula hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition 1A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. 2 Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition lA Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition lA Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. 3 approval. PASSED AND ADOPTED by the City Council of the City of Temecula, State of California, this day of 2009, by the following vote: AYES: NOES: ABSENT: Attest: City Clerk Approved as to form SELLER'S COUNSEL Section 7. This Resolution shall take effect from and after its adoption and By Dated: 4 Mayor APPENDIX A CITY OF TEMECULA Authorized Officers: Shawn Nelson, City Manager Genie Roberts, Finance Director any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (STATE OF CALIFORNIA PROPOSITION 1A RECEIVABLES PROGRAM) SERIES 2009 CERTIFICATE OF THE SELLER RE: COMPONENTS OF PROPOSITION 1A RECEIVABLES The undersigned, an Authorized Officer of the City of Temecula (the "Seller hereby certifies as follows with respect to that certain Purchase and Sale Agreement, dated as of November 1, 2009 (the "Agreement by and between the Seller and the California Statewide Communities Development Authority (the "Purchaser as follows (all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement): 1. The components (the "Components of the Proposition lA Receivable listed in Schedule I, attached hereto and incorporated herein by reference, belong to the Seller; 2. The Components are listed as they appear on the certification of the County Auditor pursuant to Section 100.06 of the Revenue and Taxation Code; 3. By entering into the Agreement, the Seller is selling the Proposition 1A Receivable, including all Components thereof listed in Schedule I; 4. The Seller acknowledges that the Purchase Price of the Proposition 1A Receivable will be equal to aggregate the Initial Amounts of each Component as each such Component is separately certified by the County Auditor; and 5. The funds or other entities listed as Components in Schedule I (other than the Seller itself) are not independent legal entities with the power to enter into contracts. Dated: Pricing Date CITY OF TEMECULA By: Authorized Officer Component Certificate of City of Temecula 1 ACKNOWLEDGEMENT OF SELLER'S COUNSEL The undersigned, counsel to the Seller hereby acknowledges and confirms that the statements in paragraphs 1 and 5 of this certificate are legally correct. By: Seller's Counsel Component Certificate of City of Temecula 2 SCHEDULE I COMPONENTS OF PROPOSITION lA RECEIVABLE Names of Components City of Temecula Component Certificate of City of Temecula Schedule I ITEM NO. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk /Director of Support Services DATE: October 27, 2009 SUBJECT: December Schedule for City Council Meetings RECOMMENDATION: That the City Council direct the City Clerk to cancel the regularly scheduled City Council Meeting of December 22, 2009 and perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Since the regularly scheduled second meeting in December falls during the Christmas holidays, December 22, 2009, it is proposed that this meeting be cancelled. FISCAL IMPACT: None. ATTACHMENTS: None. Approvals City Attorney Director of Finance City Manager Sief Paz, 42, ITEM NO. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: October 27, 2009 SUBJECT: Acceptance of certain Public Streets into the City- Maintained System within Tract Map Nos. 23067 -3, 23067 -4, 23067 -5 (Located at Butterfield Stage Road and Nighthawk Pass Centex Homes) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT NOS. 23067 -3, 23067- 4, AND 23067 -5) BACKGROUND: Tract Map Nos. 23067 -3, 23067 -4, and 23067 -5 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 developer, Centex Homes, 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. 23067 -3 Tract Map No. 23067 -4 Tract Map No. 23067 -5 RESOLUTION NO. 09- December 23, 1999 June 29, 2000 June 14, 2000 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, 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 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 have not been released. The Warranty Bonds will be considered for release at the end of the one -year period in November, 2009. The public streets now being accepted by this action are as follows: Tract 23067 -3 Portion of Nighthawk Pass, portion of Butterfield Stage Road, Calle Banuelos, and Longfellow Avenue. Tract 23067 -4 Portion of Nighthawk Pass, Channel Street, Chaote Street, Abbey Road, Love Court, Leona Court, and Lydia Court. Tract 23067 -5 Portion of Nighthawk Pass, portion of Chaote Street, Channel Street, Katie Court, and Short Court. FISCAL IMPACT: ATTACHMENTS: Periodic surface and or structural maintenance will be required every 5 to 8 years. Resolution No. 09 with Exhibits "A B" inclusive. 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. 23067 -3, 23067 -4, AND 23067 -5) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 23067 -3, 23067 -4, and 23067 -5 were recorded by the County Recorder on December 23, 1999, June 29, 2000, and June 14, 2000, respectively, in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Centex Homes; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were 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 offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 27th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2009 Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 23067 -3, 23067 -4, and 23067 -5 into the City- Maintained Street System as described as follows: Tract Map 23067 -3 1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -3 2. Lot "B" (portion of Butterfield Stage Road) of said Tract Map No. 23067 -3 3. Lot "C" (Calle Banuelos) of said Tract Map No. 23067 -3 4. Lot "D" (Longfellow Avenue) of said Tract Map No. 23067 -3 Tract Map 23067 -4 1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -4 2. Lot "B" (Channel Street) of said Tract Map No. 23067 -4 3. Lot "C" (Chaote Street) of said Tract Map No. 23067 -4 4. Lot "D" (Abbey Road) of said Tract Map No. 23067 -4 5. Lot "E" (Love Court) of said Tract Map No. 23067 -4 6. Lot "F" (Leona Court) of said Tract Map No. 23067 -4 7. Lot "G" (Lydia Court) of said Tract Map No. 23067 -4 Tract Map 23067 -5 1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -5 2. Lot "B" (portion of Chaote Street) of said Tract Map No. 23067 -5 3. Lot "C" (portion of Channel Street) of said Tract Map No. 23067 -5 4. Lot "D" (Katie Court) of said Tract Map No. 23067 -5 5. Lot "E" (Short Court) of said Tract Map No. 23067 -5 EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 23067 -3 VICINITY MAP NO SCALE SHEET 1 OF 3 V EXHIBIT "B" TO RESOLUTION NO. 2009- TRACT MAP 23067 -4 VICINITY MAP NO SCALE SHEET 2OF3 EXHIBIT "8" TO RESOLUTION NO. 2009- TRACT MAP 23067 -5 VICINITY MAP NO SCALE SHEET 3OF3 ITEM NO. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: October 27, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Interstate 15 State Route 79 South Ultimate Interchange, Project No. PW04 -08 Amendment No. 1 to Design Cooperative Agreement with the State of California, Department of Transportation PREPARED BY: Amer Attar, Principal Engineer CIP Avlin R. Odviar, Senior Engineer— CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE AND CORRECT THE POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF IMPROVEMENTS TO THE EXISTING INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH BACKGROUND: On December 7, 2004, City Council adopted Resolution No. 04 -124 which approved a design cooperative agreement (Agreement), No. 08 -1249, between the State of California, Department of Transportation (Caltrans) and the City of Temecula. The Agreement set the terms and conditions for developing, designing, and financing the Interstate 15 State Route 79 South Ultimate Interchange, Public Works Project No. PW04 -08. Unless the term is extended, the Agreement will terminate on December 31, 2009. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution 09- 2. Amendment No. 1 to Agreement 08 -1249. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE AND CORRECT THE POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF IMPROVEMENTS TO THE EXISTING INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE 79 SOUTH THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula (City) has entered into a Design Cooperative Agreement, District Agreement No. 08 -1249 (Agreement), with the State of California, Department of Transportation (Caltrans) for the development, design, and financing of the Interstate -151 State Route 79 South Ultimate Interchange, Public Works Project No. PW04 -08. Section 2. Said Agreement will terminate on December 31, 2009 unless extended through a mutually agreed amendment. Section 3. The City and Caltrans desire to amend said Agreement to extend the term to December 31, 2015. Section 4. The City and Caltrans desire to amend said Agreement to correct the postmiles to read 3.0/4.0. Section 5. The City and Caltrans desire to maintain all other terms and conditions of said Agreement. Section 6. AMENDMENT NO. 1 TO AGREEMENT NO. 08 -1249, District Agreement No. 08 -1249 A /1, be and is hereby approved, and the Mayor is hereby authorized and directed to execute said Amendment, and the City Clerk is hereby authorized and directed to attest to the Mayor's signature. Section 7. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 27th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk AMENDMENT NO. 1 TO AGREEMENT NO. 08-1249 This AMENDMENT NO. 1 to AGREEMENT NO. 08-1249, entered into effective on 2009, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the RECITALS 08-Riv- I 5-PM 3.0/4.0 Modify Existing Interchange On 1 -15 at SR -79S EA 432300 District Agreement No. 08 -1249 A/I CITY OF TEMECULA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." I. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within the city of Temecula, county of Riverside. 2. The parties hereto entered into Agreement No. 08 -1249, on December 7, 2004, said Agreement defining the terms and conditions for improvements consisting of modifying existing interchange on Interstate 15 at State Route 79 South, referred to herein as "PROJECT." 3. It has been determined that PROJECT will not be completed prior to the termination date of said Agreement. 4. It has also been determined that the Post Miles on the original agreement need to be extended from 3.2/3.7 to 3.0/4.0. 1 IT IS THEREFORE MUTUALLY AGREED: District Agreement No. 08 -1249 A/I 1. The termination date specified in Article 13 of Section I11 of said Agreement shall now be December 31, 2015 instead of December 31, 2009. 2. The Post Miles shown on the original Agreement are hereby corrected to read Post Miles 3.0/4.0. 3. All other terms and conditions of said Agreement No. 08 -1249 shall remain in full force and effect. 4. This Amendment No. 1 to Agreement is hereby deemed to be a part of Agreement No. 08 -1249. SIGNATURES ON FOLLOWING PAGE: 2 STATE OF CALIFORNIA CITY OF TEMECULA DEPARTMENT OF TRANSPORTATION RANDELL H. IWASAKI Director of Transportation By: RAYMOND W. WOLFE, PhD District Director Attest: 3 District Agreement No. 08 -1249 A/I By: MARYANN EDWARDS Mayor SUSAN W. JONES, CMC City Clerk CERTIFIED AS TO FUNDS: APPROVED AS TO FORM AND PROCEDURE: By: By: LISA PACHECO PETER M. THORSON District Budget Manager City Attomey ITEM NO. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Gregory J. Butler, Director of Public Works DATE: October 27, 2009 PREPARED BY: Amer Attar, Principal Engineer Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Winchester Road/ Highway 79 North Corridor Beautification, Project No. PW06 -15 RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road/ Highway 79 North Corridor Beautification, Project No. PW06 -15. BACKGROUND: The Winchester Road/ Highway 79 North Corridor Beautification project will improve the existing raised concrete medians along Winchester Road with landscaping, hardscape, irrigation, and architectural embellishments. In addition, left turn pockets will be extended to increase their capacity and reduce the spillover of vehicles into through lanes. The work include the removal of the concrete in the medians, removal of the median curbs where the left turn pockets are to be extended, the installation of median curbs, aggregate base and asphalt concrete, stamped concrete, traffic loops and striping. The work will also include the planting of trees, shrubs, and groundcover, and the installation of an automatic irrigation system. This project is partially funded with a Transportation Enhancement (TE) federal grant. The City just received federal authorization to proceed with construction. The project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is 1,800,000. FISCAL IMPACT: The Winchester Road/ Highway 79 North Corridor Beautification, Project No. PW06 -15, is identified in the City's Capital Improvement Program, Fiscal Years 2010- 2014. The project is funded with Capital Project Reserves, Development Impact Fees (DIF) Streets, Roripaugh Ranch CFD, and a federal Transportation Enhancement (TE) grant. Adequate funds are available in Account No. 210 165 638 -5804. ATTACHMENTS: 1. Project Location and Description co Ca U O AO Q1 V") 0 0 <e) O O r+ 00 0o O N in o0 O O N OZ c 64 64 64 64 O O O oo O N 00 00 O 00 l� 61- 64 64 64 M N 69 6g b4 bg 0 00 C\ CR LO M 00 64 64 64 64 691 64 64 oc M •4 64 64 64 64 ITEM NO. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: October 27, 2009 Approvals City Attorney Director of Finance City Manager SUBJECT: Temporary Street Closure for the 'Harvest Festival' Event in Old Town (Sixth Street between Old Town Front Street and Mercedes Street) at the request of the RDA /Old Town City Council Steering Subcommittee Members Mayor Edwards and Council Member Roberts PREPARED BY: Dan York, City Engineer Steve Charette, Associate Engineer Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close a portion of Sixth Street for the `HARVEST FESTIVAL IN OLD TOWN' EVENT BACKGROUND: The proposed Harvest Celebration event was brought forward to the RDA /Old Town City Council Steering Committee on October 12, 2009. The Steering Committee supported the event. It was recommended that there be signage on Front St. advertising that Sixth St. businesses are open and can be accessed via Mercedes St. and appropriate public safety personnel are present at the event. Staff will ensure that both these requests are incorporated into the Special Event Permit approval. The Old Town Temecula Association proposes to host the First Annual Old Town Harvest Celebration in conjunction with the Farmer's Market on November 7 14 and 21 The event necessitates the physical closure of Sixth Street between Old Town Front Street and Mercedes Street and related detouring. The street closure will serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular pedestrian conflicts. The event time will be consistent with the Farmers' Market hours, 8:OOam to 12:30 and will feature games, farmers selling fresh fruit, vegetables, and flowers. The event will also sponsor a food drive. The specific limits of the closure for Sixth Street are between Old Town Front and the westerly edge of the driveway entrance to Del Rio Bakery parking lot (41920 Sixth Street). The parking lot will remain open for customers and merchants to conduct regular business. The actual street closure will occur between 6:00 AM and 2:00 PM to allow time for detour /barricade setup and removal. Under Vehicle Code Section 21101, "Regulation of Highways local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of necessary warning and advisory devices by the Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Location Map HARVEST FESTIVAL VICINI T V MAP LEGEND STREET CLOSURE BARRICADE TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 10 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:39 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 11 Action Minutes Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of OCTOBER 13, 2009 1 1 .1 Approve the action minutes of September 22, 2009. 12 Request the Appropriation of Funds for Storm Drain Installation and Repairs on Liefer Road from Service Level "R" Fund balance Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval. 12.1 Appropriate $10,000 to the TCSD Service Level "R" Street /Road Maintenance budget from Service Level "R" fund balance. 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 27, 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. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] 2 Chuck Washington, President ITEM NO. 11 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman Parker, Director of Community Services DATE: October 27, 2009 SUBJECT: Award a Construction Contract for Redhawk Park Improvements, Project No. PW06- 06 /CSD08 -004 PREPARED BY: Greg Butler, Director of Public Works Avlin Odviar, Senior Engineer CIP Kendra Hannah Meistrell, Associate Engineer CIP RECOMMENDATION: That the Board of Directors; 1. Award a construction contract for Redhawk Park Improvements, Project No. PW06 -06, to IAC Engineering, Inc. in the amount of $787,094.92; 2. Authorize the General Manager to approve change orders up to 10% of the contract amount, $78,709.49; 3. Make a finding that the Redhawk Park Improvements Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On June 23, 2009, the Board of Directors approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Redhawk Park Improvements, Project No. PW06 -06. The plans and specifications for the Redhawk Park Improvements project include a base bid and five (5) additive bid items. These amenities will improve the quality of the existing parks in the Redhawk area. The base bid includes a 144 square foot pre- fabricated restroom, sewer line, sewage pump station (restroom is lower than the sewer line), electrical service, water line modifications, accessible parking modifications, permanent dog park, and landscaping at the Redhawk Community Park. Additive bid item no. 1 is the installation of a larger pre- fabricated restroom (562 square feet) in lieu of the 144 square foot pre- fabricated restroom included in the base bid. Additive bid item no. 2 is the construction of a half court basketball court. Additive bid item no. 3 is the rehabilitation of the parking lot by placing a 2" asphalt concrete overlay. Additive bid item no. 4 is the installation of perforated metal umbrellas within the permanent dog park. Additive bid item no. 5 is the construction of a seating area at Sunset Park. Eighteen (18) bids were received and publicly opened on Tuesday, October 13, 2009. Staff reviewed all bids and after correcting all mathematical errors, the results were as follows: BIDDER 1. IAC Engineering, Inc. 2. C.S. Legacy Construction, Inc. 3. Landmark Site Contractors 4. Environmental Construction, Inc. 5. Braughton Construction, Inc. 6. ASR Constructors, Inc. 7. MG Enterprises 8. ValleyCrest Landscape Development, Inc. 9. Avi -Con, Inc. dba CA Construction 10. Whitson Contracting Management, Inc. 11. Southwest General Contractors, Inc. 12. Mega Way Enterprises 13. Topline Construction, Inc. 14. Park West Landscape, Inc. 15. West Coast Crushing Recycling, Inc. dba WCCR Construction 16. L.B. Civil Construction, Inc. 17. Desert Concepts Construction, Inc. 18. Nature Tech Landscaping, Inc. BASE BID 644,242.92 662,717.00 681,295.00 688,213.60 701,247.32 717,000.00 718,789.00 721,573.52 725,807.95 731,141.00 765,702.63 776,529.00 779,620.50 810,637.70 811,099.25 844,669.00 $1,183,356.36 Non responsive A copy of the bid summary is available for review in the Director of Public Works office. Nature Tech Landscaping, Inc. was the lowest bidder with a base bid amount of $627,338.25. However, they were deemed non responsive bythe City Attorney because their bid proposal did not contain the required Statement of Technical Ability and Experience, or the Bidder's Statement of Past Contract Disqualifications. Staff reviewed the remaining bid proposals and found IAC Engineering, Inc. of Upland, California to be the lowest responsible bidder (base bid) with a bid amount of $644,242.92. IAC Engineering, Inc. has completed similar work for other agencies. The Engineer's estimate for this project was $925,000.00 for the base bid and $402,000.00 for the five (5) additive bid items for a total of $1,327,000.00. The specifications allow for one hundred and twenty (120) working days for the completion of the project, which is an approximate duration of 6 months. Based on IAC Engineering's bid, the contract will include the base bid and additive bid items no. 2 through 5 for a total amount of $787,094.92. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right -of -way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Redhawk Park Improvements Project consists of adding park amenities to existing parks, therefore there is no new disturbed area subject to the cost per acre MSHCP fees, thus the project is exempt. FISCAL IMPACT: The Redhawk Park Improvements, Project No. PW06 -06 is identified in the City's Capital Improvement Program, Fiscal Years 2009 -2013, and is funded through Development Impact Fees Parks Recreation and Quimby, Donations, developer contributions and County Service Area funds. Adequate funds are available in Account Number 210.190.144.5804 for the contract amount of $787,094.92 plus the 10% contingency amount of $78,709.49 for a total encumbrance of $865,804.41. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract F. Z W W 4 a a E x WA r--1 Q1 0) 00 ti0 M O O N d' C- 00 O LC N M M 00 N O M v'1 'd' 64 64 64 64 64 O O O O ON 64 04 b4 O LO Cl") N O O M O N trc C-- '.1 M N C\ 04 04 0) d) 64 64 64 00 64 N 0 00 0 rt O� 00 0 O O O d. N 00 M b 00 `.0 00 LO 64 64 64 64 64 64 O O O 'Tr 00 O 00 rn 00 .1 r 00 9s 9s 64 64 64 64 o NI 71 N CZ 64 0 0 N 00 6� TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW06- 06/CSD08 -0004 REDHAWK PARK IMPROVEMENTS THIS CONTRACT, made and entered into the 27 day of October, 2009 by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT and IAC Engineering, Inc., hereinafter referred to as "CONTRACTOR." WITN ESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06- 06 /CSD08 -0004, REDHAWK PARK IMPROVEMENTS, 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 and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06- 06 /CSD08 -0004, REDHAWK PARK IMPROVEMENTS. Copies of these Standard Specifications are available from the publisher: The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW06- 06/CSD08 -0004, REDHAWK PARK IMPROVEMENTS. 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 CONTRACT CA -1 BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 CA Program FIeetNeevia.ComOownwnt Converterherr048053.doc and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: 6. PAYMENTS PROJECT NO. PW06- 061CSD08 -0004, REDHAWK PARK IMPROVEMENTS 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 DISTRICT. 3. DISTRICT 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 DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SEVEN HUNDRED EIGHTY SEVEN THOUSAND NINETY FOUR DOLLARS and NINETY TWO CENTS 787,094.92), the total amount of the base bid plus additive bid items number 2 through 5. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred and Twenty (120) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Deputy Director of Public Works 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 Deputy Director of Public Works may require. This schedule, as approved by the Deputy Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA -2 CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90 of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General 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 District hereby delegates its authority to reduce the retention to the Director of Public Works. 7 LIQUIDATED DAMAGES EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT 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 DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to DISTRICT. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to DISTRICT. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against DISTRICT. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, 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 DISTRICT related to the payment. CONTRACTOR shall CONTRACT CA -3 C: Program FlealNeevia.Com%Dowrrwrrt Converterherrpl948053.doc be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http: /www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, 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 DISTRICT, CITY, 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 DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT'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 District 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 DISTRICT 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 General 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 CONTRACT CA -4 C: Program FlealNeevia.Com%Dowrrwrrt Converterherrpl948053.doc 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 DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 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 DISTRICT. 17. INSPECTION. The work shall be subject to inspection and testing by DISTRICT 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 DISTRICT and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, office 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. CONTRACT CA -5 CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Mailing Address: Greg Butler Director of Public Works City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 CONTRACT CA -6 Street Address: Greg Butler Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT CA -7 CONTRACTOR IAC Engineering, Inc. 1870 W. 9 Street Upland, CA 91786 (909) 981 -2355 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) DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, President C: Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc TCSD DEPARTMENTAL REPORT ITEM NO. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 27, 2009 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant Approvals City Attorney Director of Finance City Manager Sief Paz, 42, The Redhawk Parks Improvement project Phase 1 bid opening was held and a contract will be forward for approval at the October 27, 2009 City Council meeting. The phase 1 project includes a restroom, parking lot improvements, and a basketball court at Redhawk Community Park, as well as a permanent dog park. The Temecula Community Center expansion project is complete. A ribbon cutting ceremony was held on October 8, 2009. The project consisted of a 3,653 square foot addition to the Temecula Community Center that includes additional office space, meeting rooms and restroom facilities. The Escallier House and Barn have been relocated as part of the Temecula Community Center (TCC) expansion project. The project is currently under design. The Old Town Gymnasium project is in the conceptual design phase. A sub committee meeting was held on June 9, 2009 to review the conceptual design of the project and based upon that meeting staff continues to work with the architect to discuss some of the design aspects and concerns. On September 26, 2009 the Community Services Department, in conjunction with and the Temecula Valley Unified School District, held a college fair at the Promenade Mall. Over 100 college and vocational schools were represented at the event and over 5,000 were in attendance for the event. The Community Services Department is currently planning for the upcoming holiday events including the Annual Halloween Harvest Festival, the City's 20 Year anniversary celebration, the Annual Christmas Tree Lighting Ceremony, Santa's Electric Light Parade, Holiday Lights and Festive Sights, Breakfast with Santa to name a few. In addition, staff is in the preliminary phases of creating the Winter /Spring 2010 edition of the Guide to Leisure Activities brochure The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 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 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. 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. REDEVELOPMENT AGENCY ITEM NO. 13 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:40 PM. CALL TO ORDER: Chair Person Ron Roberts ACTION MINUTES of OCTOBER 13, 2009 ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS RDA CONSENT CALENDAR 13 Action Minutes Approved Staff Recommendation (5 -0 -0) Agency Member Edwards made the motion; it was seconded by Agency Member Naggar and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the action minutes of September 22, 2009. 14 Service agreement for the Old Town Holiday Outdoor Ice Skating Rink Continued off calendar. RECOMMENDATION: 14.1 Approve the professional service agreement with Studio 33 in the amount of $60,000 for the Old Town Holiday Outdoor Ice Skating Rink project. RDA BUSINESS 15 Loan Agreement between the Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association, Inc. for a loan of Redevelopment funds for the construction of a new electronic auto mall sign Approved Staff Recommendation (5 -0 -0) Agency Member Naggar made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 That the agency approve a loan agreement between Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association (Association), Inc. for a loan of Redevelopment funds for the construction of a new electronic auto mall sign, located at 42069 DLR Drive, Temecula, California (APN 921 -730- 059) by adopting a resolution entitled: 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 27, 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. ATTEST: [SEAL] RESOLUTION NO. RDA 09 -09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A "LOAN AGREEMENT' BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC. Susan W. Jones, MMC City Clerk /Agency Secretary 2 Ron Roberts, Chairperson ITEM NO. 14 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Greg Butler, Director of Public Works DATE: October 27, 2009 Approvals City Attorney Director of Finance City Manager SUBJECT: Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg Rossetto for Additional Services Associated with the Old Town Infrastructure Project Parking Structure and Office /Retail PW 06 -07(1 D) RECOMMENDATION: That the Agency Members approve Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg Rossetto (NMR) for additional services associated with the preparation of construction drawings and construction administration for the tenant improvements of the office frontage space included in the Old Town Parking Garage in the amount of $96,000.00 and authorize the Chairperson to execute the amendment. BACKGROUND: On August 26, 2006 the Agency Board approved a professional services agreement with NMR for design of the Parking Structure, Office Retail, Town Square and Mercedes Main Street improvements. Since that time Amendment 1 was approved administratively to extend the term of the Agreement through June 30, 2010 and on August 25, 2009, the Board approved Amendment No. 2 for additional compensation totaling $159,388 for NMR to provide the necessary professional commissioning services to seek LEED certification of the Parking Structure. The Parking Structure includes 8,555 square feet office /retail space (4,225 on the ground floor and 4,330 on the second floor). NMR has finalized conceptual plans, which have been approved by the Council /Board subcommittee, for the ground floor for a Police substation and the Convention Visitors Bureau (ConVis). A portion of the 2nd floor will be improved with restrooms with the remaining space available for future tenant improvements. A schematic of the proposed spaces is provided as an attachment. The next step is to prepare full working drawings of the planned improvements. Staff requested a comprehensive cost proposal for the necessary architectural and engineering services for the improvements. It is anticipated that the improvements will be completed as a change order to the existing construction contract for the Parking Structure. The cost of the additional design /engineering services is $96,000. Staff has reviewed the proposed cost and found it to be within reasonable industry standards. RDA staff are in the process of finalizing the terms of the lease agreement with ConVis, the main deal points have been agreed to, however until a lease agreement is formalized no work on the ConVis portion of the tenant improvements will be authorized. The additional design services will require an amendment to NMR's Parking Structure design agreement. Although the recommendation before the Agency Members is to increase the design consultant's allowable compensation by $96,000, this additional design cost will be offset by unencumbering this same amount from unspent Parking Structure construction contingency. The construction of Parking Structure is well over 50% complete and 8.1% of the original 10% construction contingency will still be available after unencumbering the funding for these Occupancy B design services as well as prior funding provided by unencumbering. FISCAL IMPACT: NMR's original agreement for design of the Old Town Infrastructure projects, which include the Mercedes Main Street Improvements, the Town Square and the Parking Structure, totaled $1,836,105, including a 10% contingency. Amendment No. 2 for LEED commissioning services increased the allowable compensation for NMR's agreement by $159,388.00. This 3rd Amendment will increase the allowable compensation for NMR's agreement by $96,000. To fund this additional work it will be necessary to liquidate $96,000 from unspent contingency funds from the Parking Structure construction contract. The Street, Town Square and Parking Structure projects are funded by RDA tax allocation bonds and Development Impact Fees Police. ATTACHMENTS: 1. Location Map 2. Project Description 3. Schematic of Tenant Improvements 4. NMR Amendment No. 3 N A W U W W 0 w a E-I U a E-1 4 x a 0. U W o a 0. W a E. c. a E. cr g W 4 o E. A a O PROJECT DESCRIPTION Project Title: Project Type: Housing /Redevelopment Description: Department: Scope of Project: OLD TOWN INFRASTRUCTURE PROJECTS PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: 1 Project will construct a three story parking structure east of Mercedes Street at Third Street, to accommodate roughly 400 parking spaces, as well as integral office /retail shells fronting Mercedes Street. RDA/Public Works Account No. 210.165.644 Project will include design and construction of a three story parking structure on Mercedes Street at the foot of Third Street. Project will include approximately 8,500 square feet of office /retail space. Benefit: Project continues to promote the revitalization of Old Town. Project Cost: Actuals Total Project to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Cost Administration 43,604 225,396 269,000 Construction 2,303,556 14,601,803 16,905,359 Construction Engineering 80,115 242,385 322,500 Design 1,375,203 192,938 1,568,141 Fixtures/Furn/Equip 465,000 465,000 Totals 3,802,478 15,727,522 19,530,000 Source of Funds: Capital Project Reserves 522,919 522,919 DIF (p olice Facilities) 499,049 499,049 RDA. (Bonds) 3,279,559 15,228,473 18,508,032 Total Funding: Future 0 M Cost: N/A 3,802,478 15,727,522 19,530,000 171 (Z A> (Z B> ZC ZD ZE ZE <ZH> (Z A> (Z B> ZC ZD ZE ZE <ZH> COMMON AREAS UP D Z2 Z2 PUBLIC TENANT ENTRY Z3 AWNIN ABOVE TYPICA ELEVATOR #1 Z3 ELEVATOR #1 L I -5 CONVIS r LOBBY PUBLIC STAFF ENTRY (ADDED /1 DOORS) 1 0 FUTURE TENANT AREA Z4 Z5 Z4 COUNTER OFFICE #1 1 RECEPTION Z5 RETAIL AREA COFFEE OFFICE #2 I I Z6 0 Z6 FUTURE TENANT AREA M. SECURE HALL CONVENTION VISITORS BUREAU DIRECTORS OFFICE I I STAIR t ELEVATOR #1, STAIR #1A AND OFFICE SHELL SECOND LEVEL ENLARGED PLAN ■4. 1/8" 1 w. 1 1 A4.1 COFFEE BREAK ROOM STORAGE RECEPTION FR AD. PUBLIC COUNTER �OLICE LOBBY PUBLIC STAFF ENTRY 1/8" 1 OPT. DOOR 1 u Z8 STORAGE Z8 W CC 0 0 0 HARE NF. R ILJ HL �I 7 11 STOR, ENLARGED PLAN SECURE HALL I 6x8 6x8 I I 6x8 Z9 Z9 WORK AREA REPORT WRITING �I L T TI I 8x8 UP SECURE STAIRWELL D N. SECURE STAIRWELL POLICE STOREFRONT STAIR t ELEVATOR #1, STAIR #1A AND OFFICE SHELL GROUND LEVEL Z10 Z11 I N L U i��� (OPTIONAL) SHARED 2ND FLOOR CONFERENCE ROOM SECURE STAFF ENTRY 1 Z12 e i■e4 r Z14 Z14 0 1 Copyright 2009 Al ideas designs, arrangements and plans indcated or represented by MMELBUR dating ere owned and RRO.SSETTO and we e property ev ed�end developed ne of mph id use with, p specified project shal uupppoeede w by, or dsolosed to any person fkfn or oorPoraftel for eteoever without the permission NK HOLS M pp ELBURG annd ROSSETTQ 1 ■■ra. r. 1 ■r ■1 ■I 1► ■1 1■■ ■r 1\, ■1 1 A 1 ■1 1 ■1 I•V Ii 1 1 \I 1 '■r /■I 1 1 1 1 ■■L /•1 1 1 \PI► 1 ■■I ■1 1 I N■ ■.I ■P' 1 ARCHITECTS ENGINEERS 300 KNOLLCREST DRIVE REDDING, CA 96002 (530) 222 -3300 (530) 222 -3538 FAX http: /www,nmrdesign,com 1 1 1 PARKDNIG STRUCTURE TENANT [IMPROVEMENTS 1 I Drawn By Checked By Date Drawn Scale Job No. I CONSULTANTS LICENSE STAMPS PROJECT NAME TEMECULA CIVIC CE MTER MERCEDES STREET TEMECUL CALIFORNIA SHEET TITLE ENLARGED PLAINS DRAWING STATUS SCHEMATIC DESIG N SHEET No. A4.1 1 1 REVISIONS Sym Description By Date 1■ WDE MAL 5/12/09 AS SHOWN 06- 6303.1D 1■ ■I 1■ THIRD AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND NICHOLS, MELBURG ROSSETTO 30, 2010. OLD TOWN INFRASTRUCTURE PROJECTS PW06 -07 THIS THIRD AMENDMENT is made and entered into as of October 27, 2009 by and between the Temecula Redevelopment Agency, a municipal corporation (hereinafter referred to as "Agency and Nichols, Melburg Rossetto, a Corporation (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On August 22, 2006, the Agency and Consultant entered into that certain Agreement entitled "Agreement for Professional Consultant Services in the amount of One Million Six Hundred Sixty Nine Thousand One Hundred Eighty Seven Dollars and No Cents ($1,669,187.00). b. On July 1, 2008 the agreement was amended extending the term to June c. On August 25, 2009 the agreement was amended extending the term to September 30, 2010 and increasing compensation by One Hundred Fifty Nine Thousand Three Hundred Eighty Eight Dollars and No Cents $159,388.00, for a total agreement amount of One Million Eight Hundred Twenty Eight Thousand Five Hundred Seventy Five Dollars and No Cents $1,828,575.00. d. The parties now desire to change the PAYMENT and amend the Agreement as set forth in this Amendment. 2. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The Agency agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, and in accordance with the following: 1) for items listed as 'Fixed Fee' or 'Service Fee' in Exhibit B or Attachment A of this and prior Amendments, payment shall be made monthly based on percentage completion. Any terms in Exhibit B, other than the payment rates and schedule of payment are null and void. The Third Amendment amount shall not exceed Ninety Six Thousand Dollars and No Cents $96,000.00 for additional work associated with design of Occupancy B tenant improvements for a total Agreement Amount of One Million Nine Hundred Twenty Four Thousand Five Hundred Seventy Five Dollars and No Cents $1,924,575.00. 3. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment A to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Temecula Redevelopment Agency By: By: Ron Roberts, Chairperson ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Nichols, Melburg Rosseto (Two Signatures if required by corporate papers) Nichols, Melburg Rossetto Mike Lusso 300 Knollcrest Drive Redding, CA 96002 (530) 222 -3538 lusso @nmrdesign.com 3 Mike Lusso, Principal Les Melburg, Principal FSM Initials: Date: October 2, 2009 Mr David McBride, Senior Engineer City of Temecula Department of Public Works 43200 Business Park Drive Temecula, CA 92590 300 Knollcrest Drive NCI )LS NUiLl31 :1i(& RUSSLTI 0 t (530) 222-3300 Design Development (30 Construction Documents (40 Bid /Negotiation Phase (5 Construction Administration (25 Total NE Services Fee (100 ATC A NM ConVis "Bid Line Item #1 512,960 $17,280 $2,160 510,800 www.nmrdeslgn.com RECEIVED OCT f) 7 2009 CITY OF TEME CULA PUBLIC WORKS DEPARTMENT RE: Proposal for Tenant Improvement ArchitecturalEngineering Services Temecula Parking Structure Dear Mr. McBride On behalf of the Design Team. thank you for the opportunity to provide this proposal. This proposal is based on the Schematic Design floor plans shown on the attached 5/12/09 drawing for the following Tenant Improvement (T.I.) areas: 1st FLOOR Convention Visitors Bureau ConVis) t 2,059 s.f. Police Storefront t 1,552 s.f. *Sub- Total, 1" Floor T.I.s t 3,611 s.f 2nd FLOOR 2 Floor Conference Room Suite t 61.J s.,f, *Grand Total, 1` 2 Floor T.I.s t 4,422 s.f. Pursuant to the City's request, were providing separate Architectural /Engineering fee quotations for ConVis (as "Bid Line Item #1 and for the Police Storefront plus 2 Floor Conference Room Suite (collectively, as 'Bid Line Item #2'). As discussed. this proposal also assumes that the two components will move ahead simultaneously (but as separate document packages) through the remaining design, bidding /negotiation, and construction phases; and that our scope is based on working with the City to develop documents suitable for soliciting additive change order pricing from PCL Construction and /or Edge Development to construct the T.I.s as part of their current (respective) Parking Structure or Civic Center construction contracts. Our proposed scope of services is comprehensive, and includes the professional disciplines of Architectural, Structural (as may be required), Mechanical/Plumbing /Fire Protection, Electrical /Lighting /Fire Alarm, Telephone Data (by PlanNet), Security (by On Line Consulting), and LEED /Commissioning Consulting specific to the T I. components. Our proposed services fees for each component are summarized below, broken down by Phase Policel2 Floor Conf. Suite "Bid Line Item #2 515,840 521,120 $2,640 $13.200 $43,200 $52,800 Redding, CA 96002 Fax (530) 222-3538 There are several additional items to clarify: 1. As agreed, for budget purposes the City will move ahead using the Conceptual -Level construction hard cost allowances from Saylor, as noted in my 5/12/09 email to Greg Butler, i.e., $250K for ConVis and $300K for Police/2 Floor Conf. Suite. (To reiterate, these are conservative budget numbers, and our expectation would be that if competitive, market -based pricing is provided by PCL or Edge, the actual hard cost quotations should come in below this.) Accordingly, this proposal includes no additional fees for Cost Estimating. 2. There has been some discussion about the desired extent of the 2 Floor T I scope, Le., whether or not to include the Conference Room and Secure Hall. Based on our 8/13/09 discussion, I've gone ahead and included them, so that the City will have the option of constructing them if the pricing is favorable. (As discussed, a' fallback" position would be to construct only the shells of these areas.) 3. This proposal includes incorporation of the T.I. components into our overall effort to achieve LEED Certification for the combined Civic Center/Parking Structure project. including the requisite coordination, continuity of components (e.g., plumbing fixtures, etc.), commissioning, etc. 4. This proposal generally excludes all work -to -date on the subject T.I. areas, i.e., programming, Schematic Design floor plans. preparation of T.I. related Architectural Bulletins for the Parking Structure, etc., which (as previously discussed) we have performed at no charge to the City, as a courtesy. 5. As discussed, this proposal includes a modest contingency allowance to account for the relatively small scope of the work versus the variables associated with the plan-check process and the construction phase (e.g., submittals, RFIs, etc.). 6. As agreed, if the City accepts this proposal, these additional services will be incorporated via EWA and /or Amendment (as appropriate) into NMR's existing Agreement(s) for ArchitecturaVEngineering Services for Phase I (Parking Structure) and/or Phase II (Civic Center). 7. Services for each component will be billed separately on a monthly basis, based on percentage of completion. Applicable reimbursable expenses will be billed in accordance with the existing Agreement(s). As always, we'd be happy to adjust our scope of services and fees, if necessary to better meet the City's needs Again, thank you for the opportunity to be of continued service. Should you have any questions or require further information, please don't hesitate to contact me. tncerely, Michael Lusso Principal Architect NMR Architects A XAcH MEN i A Attachments: "Temecula Civic Center /Parking Structure Tenant Improvements/Enlarged Plans /Schematic Design dated 5/12/09. 300 KnoRuest Drive (530) 222 -3300 NICHOLS MEI.RURG ti ROSSETTO Redding, CA 96002 www.nmrdesign.com Fax (530) 222 -3538 ITEM NO. 15 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Aaron Adams, Assistant City Manager DATE: October 27, 2009 RECOMMENDATION: That the Agency Members: Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink at the request of the RDA /Old Town City Council Steering Subcommittee Members Mayor Edwards and Council Member Roberts PREPARED BY: Gloria Wolnick, Economic Development Specialist II 1. Approve a "turn -key" seasonal ice rink operation and necessary services. The hard costs and soft costs associated with this approach bring the total contracted amount to $71,530. This expenditure will come from appropriate funds within the RDA. Studio 33 will set the admission /skate rental price and is entitled to 100% of the proceeds. 2. Direct staff to quantify through measurement the number of guests /attendees that enjoy this service for data that can be considered for future year negotiations. 3. Direct staff to measure success of event through media impressions such as publicity, media coverage, and a general understanding of any increase in foot traffic /visitor traffic and the collaboration of other City sponsored events. 4. Approve the "Agreement for Special Services between the City of Temecula Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and Rink Management" in the amount of $71,530 and authorize the Chairman to sign on behalf of the Agency. PURPOSE: The purpose of the project is to bring an outdoor ice rink to Old Town Temecula as a 2009 holiday season special event. The professional services required to operate the ice rink include turnkey installation, operation /management, and removal. BACKGROUND: The RDA /Old Town Steering Committee (Mayor Edwards and Council Member Roberts) and staff met to discuss the proposed ice rink project on October 16, 2009. The Proponent Amount (Basic)* Amount (w /Extras)* Ice Rink Events 88,420.00 92,318.00 Studio 33 Productions $122,000.00 $146,000.00 BN Skating Parks Synthetic Ice Not Desired RDA /Old Town Steering Committee has recommended approval of $71,530 in addition to the above mentioned recommendations. The City conducted a competitive Request for Proposal process in October 2008 with three firms submitting proposals. After the review of the proposals, it was determined that Studio 33 had successful seasonal ice rink experience with nearby cities and Studio 33 also provided the "best value" based on the needs of the City. The scope of work shall include turnkey operations, which will equipment installation /removal and operation of a 40' x 40' ice skating rink with options to increase up to 40' x 60' skating surface, as a holiday- season special event for the City of Temecula. This will be open to the general public for recreational ice skating from December 18, 2009 through December 31, 2009 with optional extension dates of operation from January 1 3, 2010. Proposed hours of operation: Monday Thursday: 3:00 pm 8:00 pm Friday: 3:00 pm 10:00 pm Saturday Sunday: 2:00 pm 10:00 pm Special session to be determined for New Year's Eve (estimated to begin at 5:00 pm to 12:30 am) (Please note that estimated times are subject to change.) The proposed New Year's Eve celebration will include an evening filled with fun activities for children and families from 5:00 pm 9:00 pm. There will be headline entertainment which will run from 9:00 pm midnight. The outdoor ice rink will be a dramatic enhancement to the holiday- season ambience in Old Town. This venue will draw many residents and visitors to the area which will help support the businesses in the adjacent commercial areas. COMPETITIVE REQUIREMENTS According to the Temecula Municipal Code, said professional services are exempt from competitive requirements: 3.28.290 Exceptions to Competitive Bidding Requirement Notwithstanding any provision of this chapter to the contrary, the formal bidding procedure and requirements shall not be required in any of the following instances: D. Contracts for personal, professional and consultant, and maintenance services. COMPETITIVE APPROACH Although it was not necessary for the City to seek proposals, the City mailed the RFP to three vendors and posted the notification on the City's website. The results were as follows: *Does not include cost of fuel estimated at $21,945. Given the nature of the professional services required to operate the ice rink, factors other than lowest price were critical. Although price was of prime consideration, the ability to Negotiated Price 60,000 Estimated Recoverable Costs Estimated Fuel Costs 0 0 Total Negotiated Price 60,000 Estimated Fuel Costs Estimated Total Cost "Pre- Negotiation" 90,795 Total Negotiated Price 60,000 Total Savings To the City 30,795 Proposed Cost $122,000 Estimated Recoverable Costs 53,150 68,850 Estimated Fuel Costs 21,945 Estimated Total Cost to the City 90,795 "negotiate services" were both desired and required to arrive at a "best- value" based on the needs of the City. After a review of the proposals, it was determined that Studio 33 provided the "best value" based on the needs of the City. BUDGETED AMOUNT The City budgeted $60,000 for this event from RDA. NEGOTIATION POINTS With $60,000 budgeted for Ice Rink Services, the City intended to charge ice rink patrons $5 to $10 per ice rink session to offset the cost of the services. Conservative estimates indicated the potential for the City to recover $53,150 in ticket sales, sponsorships, etc. Unfortunately, there was a large difference between what the City estimated for Ice Rink services ($60,000) and what the market rate had to offer ($122,000). Therefore, had the City recovered the $53,150 the total cost to provide the service would have been $90,795, as follows: Given the wide difference between the amount proposed to provide ice rink services versus the amount approved in the budget, the City utilized its ability to "negotiate" the cost with the proponent (Studio 33) that was previously deemed to provide the "best value" for the City (without affecting the quality of services). Instead of paying Studio 33 $122,000 (that excluded fuel costs), the City negotiated a $60,000 deal (that included fuel) with Studio 33's keeping the ticket sales proceeds. The deal shifted the sales responsibility from the City onto the contractor while simultaneously minimizing the City's budget risk due to lack of attendance, inclement weather, etc. With the incentive to produce a successful event, Studio 33 has the incentive to provide the extras that would have been provided at an additional cost. The net effect is a top rated event with "best value" for the city. Such incentives will include a larger ice rink up to (40 x 60) and will truly deliver an event experience as opposed to just a rink. On -Site Security (Securitas) $7,000.00 Per Diem $2,230.80 Lighting for Parking Street Crossing $450/2 Weeks Restroom Facilities for Public Staff Use $350 Fencing $1,500 Estimated Soft Cost Subtotal $11,530.80 Additional soft costs not negotiated included: FISCAL IMPACT: The $71,530 contract cost for the ice rink and associated expenses will be funded through the Redevelopment Agency FY 2009/10 Operating Budget in the Old Town Implementation Plan Line Item. ATTACHMENTS: Agreement Agency /Studio 33 Agreement Conceptual Site Plan AGREEMENT FOR SPECIAL SERVICES BETWEEN CITY OF TEMECULA REDEVELOPMENT AGENCY AND STUDIO 33 PRODUCTIONS OUTDOOR ICE SKATING RINK AND RINK MANAGEMENT THIS AGREEMENT is made and effective as of October 27, 2009, between the Redevelopment Agency of the City of Temecula, a public body corporate and politic (hereinafter referred to as "City and Studio 33 Productions, a sole proprietor (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM A. This Agreement shall commence on October 27, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 8, 2010, unless sooner terminated pursuant to the provisions of this Agreement. B. The City may, upon mutual agreement, extend the contract for two (2) additional terms. In no event shall the contract be extended beyond January 8, 2012. 2. SERVICES A. Contractor shall provide for the turnkey equipment and delivery, installation and removal with turnkey management and operation of an ice skating rink, as a holiday- season special event for Old Town Temecula to be open to the general public for recreational ice skating and figure skating exhibitions and shall perform the services and tasks and provide the equipment described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full "Ice Rink B. Contractor shall complete the tasks and provide the equipment according to the schedule of performance which is also set forth in Exhibit A. 3. CONTRACTOR PERFORMANCE; CITY SUPPLIED EQUIPMENT AND SERVICES A. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks and provide the equipment described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services and equipment as are required of Contractor hereunder in meeting its obligations under this Agreement. B. City shall supply or provide the following for the Ice Rink: 11086- 0001 \1177833v2 i. Two (2) continuous sources of water (hose bib) adjacent to the ice rink area; 4. PAYMENT 11086- 0001 \1177833v2 ii. An area for placement of refrigeration system, generator, skate trailer, and Motorhome as close to ice rink as possible. iii. Telephone line at rink site for purposes of public safety reporting and communication, including 911 to Temecula Police Dept. as necessary. iv. Identified parking in close proximity to the rink for Contractor's and supplier's personnel. v. Adequate lighting for skating during all sessions. vi. All holiday decorations, in the discretion of City. vii. Grounds keeping in the ice rink area (includes landscape maintenance, trash receptacles and removal of trash. viii. All marketing and public relations in support of the event; all graphics and signing, in the discretion of the City. ix. Coordination and payment of all permits and licenses required for installation and operation of the equipment and event, if required. Contractor acknowledges and agrees that this agreement does not guarantee the issuance of permits or conditions to permits acceptable to the Contractor and that City of Temecula will exercise its lawful authority and issue, conditionally issue or deny the required permits in accordance with law. A. The City agrees to pay Contractor 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 seventy one thousand five hundred thirty dollars and 001100 ($71,530.00) annually unless additional payment is approved as provided in this Agreement. B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor may charge a fee for persons to use the ice rink, rent skates and other equipment to patrons, and may sell concessions as described in Exhibit A. The fees to be charged for admission to the ice rink and the rental of skates an other -2- equipment shall be approved in writing by the City Manager prior to the opening of the ice rink. All revenues from these activities, excepted for City Concession described in Exhibit A, shall be retained by the Contractor or, as determined by Contractor, its subcontractors. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. In the event the City elects to terminate this Agreement or breaches this Agreement by City, for any reason other than Contractor's breach of the Agreement, on or before December 3, 2009, City shall pay to Contractor the sum of thirty thousand dollars and 00/100 ($30,000.00) to become in full satisfaction of City's obligations due and payable to Contractor on the day notification is tendered. B. In the event the City elects to terminate this Agreement or breaches this Agreement by City, for any reason other than Contractor's breach of the Agreement, between December 4, 2009 and on or before December 10, 2009, City shall pay to Contractor the sum of seventy one thousand five hundred thirty dollars and 00/100 ($71, 530.00) to become in full satisfaction of City's obligations due and payable to Contractor on the day notification is tendered. 6. DEFAULT OF CONTRACTOR A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. If such failure by the Contractor in the performance of work hereunder arises out of inclement weather, acts of God, or where safety or security concerns are determined to exist by Contractor and /or Contractor's staff, or causes beyond the Contractor's control, and without fault or negligence of the Contractor, other than financial inability to perform, it shall not be considered a default. B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. C. The City may at any time suspend this Agreement, or any portion hereof, for Contractor's breach of the Agreement, if it determines that the breach constitutes a threat to the public health or safety. In such event, the City shall serve upon the Contractor written notice of this default and the immediate suspension of the contract. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. 11086- 0001 \1177833v2 -3- 7. OWNERSHIP OF DOCUMENTS Contractor 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. Contractor 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. Contractor 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. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and /or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers (Indemnified Parties) 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 Indemnified Parties may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non performance of this Agreement, excepting only liability arising out of the negligence of the Indemnified Parties. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 11086- 0001 \1177833v2 -4- 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: two million ($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: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Indemnified Parties (as defined in Section 8) shall be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any insurance or self- insured maintained by the Indemnified Parties shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Indemnified Parties. 11086- 0001 \1177833v2 -5- 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR A. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES 11086- 0001 \1177833v2 -6- The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. B. Contractor shall promptly notify City should Contractor, 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 Contractor and /or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Redevelopment Agency of the City of Temecula: Attn: Executive Director P.O. Box 9033 Temecula, California 92589 -9033 11086- 0001 \1177833v2 -7- 14. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. The Contractor may retain sub contractors to assist it in performing work under this Agreement. 15. LICENSES -o r- Redevelopment Agency of the City of Temecula Attn: Executive Director 43200 Business Park Drive Temecula, California 92590 To Contractor: Studio 33 Productions Attention: Brian Jackson, Owner 264 Pennsylvania Ave. Colton, CA 92324 At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 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 11086- 0001 \1177833v2 -8- 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 Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 11086- 0001 \1177833v2 -9- 1. General Requirements: To provide for the turnkey equipment delivery/installation /removal with turnkey management and operation of an ice skating rink, as a holiday- season special event for the City of Temecula. To be open to the general public for recreational ice skating and figure skating exhibitions from December 18, 2009 through December 31, 2009. Optional extension dates of operation. January 1,2, and 3, 2010. 2. Equipment: All lighting, sound reinforcement, staging, video or special effects equipment to be provided by Contractor is set forth this exhibit. 3. Personnel: The installation and removal phase of your rink will be led by Mr. Brian Jackson, who is considered to be one of the leading expects in show and effects technology in the industry, with over 33 years experience of proven abilities and expertise. Mr. George Ramiro will assist him. Both of these gentlemen are involved in our California installations, which are some of the most challenging installations, and in areas with great concerns for noise and minimizing impact to the location or to the environment. You will have the benefit of this experience and their crews' experience. 4. The Project Manager, who will coordinate all of the logistics, the management, and day -by -day operation will be Mr. George Ramiro, has extensive experience in ice and event production and show management. Recently George led a team with new and innovative equipment used on a dance competition. Much of the equipment is easily cross matched to your Ice event. 5. Subcontractors: Bietek Productions. Supplier of Freezer plates, manifold, and refrigeration Compressor.TBD. Electrical generators 6. Schedule: A. Installation window: December 13, through December 17, 2009 B. Open to the Public: December 18, 2008 thru December 31, 2009 C. Optional additional dates of operation at Contractor discretion: January 1, thru 3, 2010 D. Removal Window: January 1 thru 8, 2010 7. Hours of operation (Subject to Change upon mutual consent of City and Contractor): A. Monday through Thursday 3 pm to 8 pm B. Friday 3 pm to 10 pm 11086- 0001 \1177833v2 EXHIBIT A Tasks to be Performed -10- C. Saturday and Sunday 2 pm to 10 pm D. Special session to be determined for New Years Eve 8. Contractor shall provide the following: A. Design, and build Sub structure for Ice rink B. Air Cooled Refrigeration Systems /Pumps /Hoses /Expansion Tank C. Generator to Power Above Refrigeration D. Contractorwill provide fuel for generator during rink operations E. Insulation and vapor barriers leveling of site F. Modular Railing Systems (Clear Plexiglas facing towards rink; room to display; Vinyl banners, Sponsor graphics inside the rink area, banner outside the Rink perimeter) G. Ice Rink Maintenance Equipment- Mini- Zamboni Electric Re- surfacer used daily or as needed. H. Rink Freezer Plate System (no less than 40'x40'; capacity 60- skaters) 11086- 0001 \1177833v2 Rental Ice Skates (200 -pair approximate with various sizes), Sharpened, Ready -to- Skate, Sharpening services on site as needed during run of event. J Skate Change Area with Benches and Rubber Floor Covering (24'x12' approximate) K. Skate trailer or modular unit for ticket sales, storing and distribution of skates and office. L. Cash register equipment M All tools, equipment and supplies for set -up, strike and maintenance, All Professional Supervision and General Labor for Set -Up and Strike N. Refrigeration Technician On -Call 24 Hours During Entire Term O. General Set -up and Finish -out Metal -Frame Covering over Rink Wall Header Clear Plexiglas sides with smooth inside finish of Rink Perimeter. Optional Green Turf Carpet to Finish Rink Perimeter /Edge (Black skirting covers substructure) Looks equally finished and nice without. P Sound /public address for announcements and playback of holiday music Q. Rink Manager during entire term. Trained and experienced in liability protection R. All equipment and amenities installed and ready for test of equipment and facilities, twenty four (24) hours in advance of opening, December 18, 2009 S Operation of public skate sessions. Hours of operation to be at Contractor's discretion. T Text for Liability Related Signage and Written Waiver Release Forms; Liability Limitation Instructions. U. General Training for Rink /Event Manager Regarding Rink Operation V. Professional Support Services /Consultation for Event Planning and Execution 9. Contractor shall provide professional, on -site management (experienced in customer service, liability prevention, and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s), and maintenance personal to be on -site during entire term of the event, including but not limited to: A. Employee uniforms. B. Public safety announcements and basic holiday music. C. Cash register equipment D. Coordination of group sales and special events. E. Sound Public address for announcements and playback of holiday music. 10. Concessions: Contractor will be the exclusive vendor for only bottled water and prepackaged snacks (i.e. chips, candy bars, granola bars, snack bars, cookies, etc.), made available to customers. City may have vendors offering other drink and food items (i.e. coffee, hot chocolate, hot cider, kettle corn, holiday goodies, etc.). 11086- 0001 \1177833v2 -12- Payment Rates For Part A: Equipment Rental Installation /Removal 88,260.00 Each Season For Part B: Turnkey Management Day -to -Day Operations $32,780.00 Each Season Total Before Discount $121,040.00 Each Season Total with Discount $60,000.00 2009 Season Only Gate proceeds going to Contractor and its vendors Additional Soft Costs for the 2009 Season: On -Site Security $7,000.00 Per Diem $2,230.00 Lighting for Parking Street Crossing $450.00 (for 2 Weeks) Restroom Facilities for Public Staff Use $350.00 Fencing $1,500.00 Soft Cost Subtotal $11, 530.00 Payment Schedule EXHIBIT B PAYMENT RATES AND SCHEDULE Grand "Total with Discount" and "Soft Cost Subtotal" $71,530.00 A $35,765.00 deposit (50% of total fee) due one business day following execution of the Agreement by both parties. A $35,765.00 progress payment (50% of the total fee) due upon the complete installation of the rink equipment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 11086- 0001 \1177833v2 -13- Redevelopment Agency of the City of Studio 33 Productions Temecula By: By: Ron Roberts, RDA Chairperson Brian Jackson, Owner ATTEST: By: Susan W. Jones, MMC City Clerk /Agency Secretary APPROVED AS TO FORM: By: Peter M. Thorson CONTRACTOR Agency Counsel 11086- 0001 \1177833v2 Studio 33 Productions Brian Jackson 264 Pennsylvania Ave. Colton, CA 92324 Phone Number: 909.783.1628 Fax Number: 909.783.6075 cindy_studio33 @yahoo.com -14- FSM Initials: Date: 11086- 000111177833v2 11086- 000111177833v2 6eaanrai RCEDES Ice Rink 40' x 60' max 3F:.•'.:r'i;.- may C: Skate Rental Booth Ticket Booth V 'u tLighte ��_'Happy Holidays';y Motif Street Closed Open for pedestrians z 0) ITEM NO. 16 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 27, 2009 SUBJECT: Amendment to the Purchase and Sale Agreement and Escrow Instructions between the Redevelopment Agency of the City of Temecula and Temecula Water Park L.P. for the sale of Agency -owned property located at the northwest corner of Diaz Road and Dendy Parkway (APN: 909 370 -002) PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND TEMECULA WATER PARK L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN: 909 370 -002) BACKGROUND: The subject property consists of an approximate 19.7 -acre gross (17.5 net 763,818 square foot) portion of the approximate 34 -acre larger parcel identified as Assessor's Parcel Number 909 370 -002. This 17.5 -acre net (763,818 square foot) portion of the larger parcel is referred to below as the "subject property." The Agency purchased the parcel from the City in 1994 for a purchase price of $3.8 million with the Redevelopment Agency's affordable housing set -aside fund. Since that time, the Agency has attempted to partner with private entities to develop the property, including the Temecula Education Center. At the September 22, 2009 joint hearing of the Temecula Redevelopment Agency and the City Council, the Purchase and Sale Agreement and Escrow Instructions "PSA between the Temecula Redevelopment Agency and Temecula Water Park L.P. was approved. This agreement established a purchase price of $6.7 million for the subject property and stipulated that the escrow period would end on October 30, 2009. Since the approval of the PSA, Temecula Water Park L.P. has requested a six (6) month extension of the closing date and an extension of the date at which proof of financing must be delivered to the Agency. Temecula Water Park L.P. has cited an increasingly difficult credit market as the main reason for the extension. If approved, the Amendment to the PSA would establish April 15, 2010 as the new date at which evidence of financing must be delivered to the Agency and April 30, 2010 as the closing date for escrow. During the ENA period, the Agency contracted with Leighton Consulting Inc. to analyze the soils conditions of the subject property. Leighton Consulting opined that it was necessary to surcharge the soil. Agency staff believes that Leighton Consulting's conclusion further impacts the value of the subject property because the extra cost of surcharging the soil was not factored into the appraisal commissioned by the Agency in October 2008. The Agency estimates that this extra cost could be as much as $1 million. The PSA specifies that $1 million be available as a "Hold Back." Therefore the net minimum proceeds the Agency would receive from the sale of the subject property would be $5.7 million. FISCAL IMPACT: The Agency would net a minimum of $5.7 million from the sale of the subject property. The Agency would deposit the net $5.7 million in proceeds from the sale of the subject property into the Agency's Housing Set -Aside fund because the property was purchased with funds from this account in 1994. ATTACHMENTS: Resolution No. RDA 09- Amendment to Purchase and Sale Agreement Purchase and Sale Agreement RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND TEMECULA WATER PARK L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN: 909 370 -002) THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. On September 22, 2009, the Agency and Temecula Water Park, LP, "Buyer entered into the "Agreement For Purchase And Sale And Escrow Instructions" (the "Agreement which provides for the sale of approximately 19.7 acres of land owned by the Agency northwesterly of the intersection of Diaz Road and Dendy Parkway, APN 909 370 -002, in the City of Temecula (the Property The sale price is $6,700,000 with a $1,000,000 hold back for certain designated soils work. B. The Agreement and the proposed Amendment are intended to effectuate the Redevelopment Plan, by selling the Property to the Buyer for development of uses allowed by the City's General Plan, Development Code and the Redevelopment Plan. Proceeds from the sale of the Property will be placed into the Agency's Low and Moderate Income Housing Funds (sometimes referred to as the "Housing Set -Aside Fund for future development of affordable housing in the Project Area and the Community. C. Buyer and the Agency proposed to enter into an Amendment to Agreement "Amendment that will extend the time for Closing of the sale and extend the financing contingency. D. Under the proposed Amendment, the purchase price for the sale of the Property to the Buyer will not change and remains not less than the fair market value of the Property at its highest and best use in accordance with the Redevelopment Plan. E. The Amendment is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area. F. The Amendment is consistent with the City's General Plan. G. The Agency Board has duly considered all terms and conditions of the proposed Amendment at a public meeting and believes that the Amendment is September 3, 2009 1 11087- 002411181515v1.doc in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. H. The Amendment pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Redevelopment Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain Amendment to the Agreement entitled "Amendment to Purchase and Sale Agreement" by and between Temecula Redevelopment Agency and Temecula Water Park LP, "Amendment with such changes in such document as may be mutually agreed upon by the Buyer and the Agency Executive Director as are in substantial conformance with the form of such Amendment on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Amendment on behalf of the Agency in said form. A copy of the final Amendment when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Amendment and to administer the Agency's obligations, responsibilities and duties to be performed under the Amendment and related documents, including, but not limited to, the approval and execution on behalf of the Agency of escrow instructions, certificates of completion, title reports, certifications, and such other implementing agreements and documents as contemplated or described in the Amendment necessary and convenient for the completion of the sale of the Property. Section 4. The Secretary of the Agency shall certify the adoption of this Resolution. September 3, 2009 2 11087- 002411181515v1.doc AMENDMENT TO "AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS" BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA WATER PARK L.P. THIS AMENDMENT is dated as of October 27, 2009 and is entered into by and between the TEMECULA REDEVELOPMENT AGENCY, a public body corporate and politic "Seller and TEMECULA WATER PARK L.P., a California limited liability partnership "Buyer RECITALS A. Buyer and Seller entered into an Agreement for Purchase and Sale and Escrow Instructions dated September 22, 2009 (the "Agreement B. Buyer and Seller desire to modify the Agreement to extend both the deadline for satisfaction of Buyer's financing contingencies and the closing date. 1. Extension of Closing Date. The first sentence of Section 4.4 of the Agreement is hereby deleted and the following sentence is hereby substituted in lieu thereof: "Provided all of Seller's and Buyer's obligation to be performed on or before the close of escrow have been performed (but this proviso shall not be construed to change any covenants to conditions), and subject to satisfaction or waiver of the conditions to closing described in Section 4.7 below, escrow shall "close" and the purchase and sale transaction described herein shall be consummated on or before April 30, 2010 the "Closing Date 2. Extension of Buyer Financing Contingency Deadline. Section 4.7.2 of the Agreement is hereby deleted and the following is hereby substituted in lieu thereof: "4.7.2 Buyer shall have a letter of intent from each provider of debt financing and each provider of equity financing necessary to finance the purchase of the Property on or before April 15, 2010 (as such date may be extended by the Executive Director of the Seller in writing up to the Closing Date); and" 3. No Other Changes. Except as otherwise provided in this Amendment, all other terms and conditions of the Agreement remain in full force and effect. 11086- 016111180940v1.doc 1 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first written above. 11086- 016111180940v1.doc 2 BUYER: TEMECULA WATER PARK L.P., a California limited liability partnership By: Clearwater Waterpark Development, LLC, a California limited liability company, General Partner SELLER: By: EDJ, LLC, Manager Evan Gentry Print Name: Title: TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic Shawn D. Nelson Executive Director ATTEST: Susan Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS (this "Agreement dated as of September 22, 2009, is entered into by and between TEMECULA WATER PARK LP, a California limited partnership "Buyer and the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic "Seller 1. PURCHASE AND SALE PURCHASE PRICE; HOLDBACK. 1.1 Sale and Purchase. Upon and subject to the terms and conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller fee simple title to the land identified as Assessor's Parcel Number 909- 370 -002 in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto, together with any and all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto "Real Property and any and all buildings, fixtures, equipment, structures, parking areas, landscaping, appurtenances and other improvements constructed or situated on such Real Property "Improvements The Real Property and Improvements are hereinafter collectively referred to as the "Property The Real Property is located in Project Area 1988 -1 of the Seller and is subject to the Redevelopment Plan for Riverside County Redevelopment Project Area No. 19884, as amended (the "Redevelopment Plan 1.2 Purchase Price. The purchase price "Purchase Price for the Property shall be Six Million Seven Hundred Thousand Dollars ($6,700,000.00), payable in cash. The Purchase Price shall be deposited by Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the Escrow Holder, prior to the close of escrow and delivered to Seller upon the Close of Escrow; however, One Million Dollars ($1,000,000.00) of the Purchase Price (the "Improvements Amount shall be paid by Seller to Buyer as described in Section 1.3 below. Within five (5) days after the opening of escrow under Section 4.2, Buyer shall deliver to Escrow Holder a deposit in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) (the "Deposit in the form of a cashier's check, by a federal wire transfer, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest bearing account (the "Escrow Account and all interest accruing thereon shall increase and become a part of the Deposit. On the Close of Escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. The remaining balance of the cash payment of the Purchase Price shall be payable by Buyer in the form of a cashier's check, federal wire transfer, or other form acceptable to the Escrow Holder and placed in the Escrow Account prior to the Close of Escrow. In the event the Agreement tenninates under Section 4.7 or as a result of a default by Seller, then the Deposit shall be refunded to Buyer. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS HEREIN PROVIDED BY REASON OF DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT THEN HELD BY ESCROW HOLDER SHALL BE NON REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES 11087- 0001A1174150v2.doc 1 AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY. IT 1S AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW- SE 1.3 Improvements Account. The Improvements Amount shall be disbursed by the Seller to the Buyer after the Close of Escrow on a monthly basis, but no more often than once every 30 days, to pay or reimburse Buyer for costs actually incurred by Buyer in over excavating and recompacting soil on the Property, provided Buyer delivers to Seller a written request for disbursement showing the amount requested, describing the costs incurred and including reasonable written evidence of such costs (including applicable invoices with unconditional mechanics lien releases from the work paid for with the previous disbursement of Improvements Amount funds and conditional mechanics lien releases for the work for which funds are being requested). Any portion of the Improvements Amount not disbursed by Seller to Buyer as of March 1, 2010 shall be retained by Seller. The provisions of this Section 1.3 shall survive the Close of Escrow. TITLE. 11087-01101 50v3.doc 2 BUYER 2.1 General. Title to the Property shall be conveyed by Grant Deed and shall be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph 2.3 hereof) "Title Policy the cost of which shall be borne by Buyer, issued by First American Title Company, 3625 Fourteenth Street, Riverside, California 92501, Title Officer: Terrell Crutchfield "Title Company with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions) 2.1,1 Real property taxes not yet due and payable; and 2.1.2 All items described in that certain Preliminary Title Report dated August 19, 2009 prepared by First American Title Company under Order No. NHRV- 3117568. 2.2 Acts After Date of Agreement. During the period from the date of this Agreement through the close of escrow. Seller shall not record. or file for record or permit to be recorded or filed for record any document or instrument which will affect the title to or use of the Property without the prior written consent of the Buyer. 2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title insurance or a CL.TA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an AI.,TA survey (the "Survey The cost of an ALTA Extended Coverage Form Policy of Title Insurance shall be borne by Buyer. 1 t uS74 U0I I 174 150■ 3.cioc RIGHT OF ENTRY. 3.1 Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives the right to enter on the Property for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigations shall be at Buyer's expense. 3.2 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services. and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.3 Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials as defined in Paragraph 5, on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and /or use of the Property under this Agreement. 3.4 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property. and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Byer or its Representatives on the Property. Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot he repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.5 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their successors, and assigns (individually as "hhdemnitee" and collectively. "Indemnitees" free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action proceeclings., expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys. expert witnesses, or other professionals, and all costs associated therewith. arising or claimed to arise. directly or indirectly. out of, in connection wit!t, resulting from. or related to any act- failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3. except for that portion or percentage of a Claim against an lndemnitee based on the negli gence, gross negligence or willful misconduct of such lndemnitee. 4. ESCROW. 4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for this purpose. 4.2 Escrow Holder. The escrow shall be opened with First American Title Company, 3625 Fourteenth Street, Riverside. CA 92501, Attention: Debra Dunn "Escrow Holder within five (5) business days after the execution of this Agreement (or copies thereof) by Buyer and Seller by depositing an executed copy or executed counterparts of this Agreement with Escrow Holder. This document shall be considered as the escrow instructions between the parties, with such further instructions as Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property upon the terns and provisions hereof. Provided such further escrow instructions are consistent with this Agreement, they shall he promptly signed by Buyer and Seller within five (5) business days after delivery thereof to each party. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shalt control. 4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery to the Escrow Holder of a copy of this fully executed Agreement. 4.4 Close of Escrow. Provided all of Sellers and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before October 30. 2009 ("Closing Date All risk of loss or damage with respect to the Property shall pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.5 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): 4.5.1 The amount of the Purchase Price less the Deposit; and 4.5.2 All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. I i 087-n001 1 1 74:50%3 doc 4 4.6 Seller's Deliveries. Before the close of escrow. Seller shall deposit into escrow Ole following (properly executed and acknowledged, if applicable): 4.6.1 A Grant Deed conveying the Property to Buyer: and 4.6.2 Any other documents contemplated by this Agreement or required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. The failure of a party to timely deposit any such suns andior documents shall constitute a default by such party. In addition to the closing conditions set forth above, Buyer's obligation to proceed with the transaction contemplated by this .Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may waived on b y B uyer: 4.7.1 Bayer's reasonable approval of the results of such soils, geological, toxic waste, hazardous substance, andior any other kind of soil or water contamination tests and analyses as Buyer or its agents, employees or representatives may, prior to the Closing Date. perform with respect to the Property; 4.7.2 Buyer shall have obtained debt and/or equity financing for the purchase on or before October 15, 2009 (as such date may be extended by the Executive Director of the Seller,, in writing for cause); and 4.7.3 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to the Approved Title Exceptions. Waiver of any condition to close of escrow shall not relieve any party for liability resulting front breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement (and in the case of the condition in Section 4.7.2, Buyer shall have used diligent reasonable efforts to satisfy such condition and shall have sent Seller a written notice of termination within five (5) business days after the deadline set forth in Section 4.7.2, as it may have been extended pursuant to the terms of Section 4.7.2): (i) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall teminate, except as otherwise provided herein; provided, however, no such termination shall occur until (.A) Buyer has had the opportunity to waive any condition for Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not elect to waive such condition; and ('ii) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer the Deposit and other funds (and all interest accrued thereon) and documents deposited by Buyer in escrow. and to return to Sellers all funds and documents deposited by 1EOS7- 1itOI`I i7d!50� ?.doe Sellers in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Paragraph 4.11 below). 4.8 Recordation of Grant Deed: Delivery of Flids. 1.5pon receipt of the funds and instruments described in this Paragraph 4. Escrow Holder shall cause the Grant Deed to be recorded in the office of the County Recorder of Riverside County, California. Thereafter, Escrow. Holder shall deliver the proceeds of this escrow (less any appropriate charges) to Seller. 4.9 Taxes. Any supplemental or escape real estate taxes and assessments on the Property attributable to the period after the close of escrow shall be paid by Buyer outside of the escrow. All prorations shall be determined on the basis of a 360 -day year. 4.10 Costs of Escrow. I3uyer shall pay all escrow fees and costs associated with the purchase of the subject real property, the cost of recording the Grant Deed, if any, the cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any, and all other closing costs or charges. 4.11 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one -half (112) of all escrow and title cancellation charges. 4.12 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants and agrees that any broker fee or commission. which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller. Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective employees, agents, representatives. council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 5. CERTAIN DEFINITIONS. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Pederal Insecticide. Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sue; asbestos and asbestos- containing materials, PCBs and other substances regulated under the Toxic Substances Control Act. 15 U.S.C:. Section 2601 et seq; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA hazard Communication Standard. 29 C.F.R. Section 1910.1200 et seq; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource t6 1 1001'11 7 41 50, ?.doe 6 Conservation and Recovery Act. 42 U.S.C. Section 6901 et, seq.; any substance defined as a "hazardous substance in California Civi Code Section 29 or California Code of Civil Procedure Section 736(0(3): and any other substance or material regulated by anv Environmental Laws. The term "Environmental Laws' shall mean and include all federal. state and local statutes. ordinances. regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety. contamination and clean -up, including, without limitation, the Clean Air Act. 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251 ei seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq; the Marine Protection. Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq: the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq: as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning. and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq the Atomic Energy Act, 42 U.S.C. Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion. to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice, If Buyer does not exercise this option to terminate this Agreement, neither patty shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof. without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated. Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. 6. If prior to the close of escrow, any material portion of the Property is physically damaged or destroyed due to any cause, natural or otherwise, including, without limitation. (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence- or unstable subsurface conditions known to seller; or (ii) a condition arising from violation of any Environmental 1..aws known to Seller, Seller shall immediately notify Buyer of 110S7-uoof =n7d ,o do< 7 such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Sellers given not later than ten (10) business days after receipt of Sellers notice. if Buyer does not exercise this option to terminate this Agreement. neither parry shall have the right to terminate this Agreement, but 1110 Seller shall assien and turn over, and the Buyer shall be entitled to receive and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or destruction, and the parties shall proceed to Ole close of escrow pursuant 10 the terms hereof without modification of the terms of this Agreement and without any reduction in the Purchase Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). unless and until this Agreement is tetnlinated, Seller shall take no action with respect to any such damage and destruction without the prior written consent of Buyer. which consent shall not be unreasonably withheld or delayed. 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking enforeemeut of any of the terms and provisions of this Agreement, or in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief. its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to he given hereunder shall be in writing and personally delivered, sent by first class United States registered or certified mail, postage prepaid, return receipt requested_ or sent by a nationally recognized courier service such as Federal Express, duly addressed to the parties as follows: To Seller: With a Copy To: To Buyer: To Escrow Holder: I1IS7- 100r.I 17 »I.i( 3.doc 8 Temecula Redevelopment Agency 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attention: Luke Watson Richards, Watson and Gershon 355 South Grand Avenue, 40tH Floor Los Angeles. California 90071 3101 .Attention: Peter Thorson Temecula Water Park LP 999 Corporate Dr., Suite 215 Lindera Ranch, CA 92694 Attn: Joshua blunter First American Title Company 3625 Fourteenth Street Riverside. CA 92501 Attention: Debra Dunn, Escrow Officer: Terrell Crutchfield. Title Officer Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee. if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the dale of first attempted deliyerc, if sent by mail or courier service. Any party may change its address for purposes of this Paragraph 9 by giving notice to the other party and to Escrow Holder as herein provided. 10. ASSIGNMENT. At any time before the close of escrow, Buyer may assign this Agreement. in whole. to an entity "Assignee that is managed by Clearwater Waterpat'l: Development. TIC. a California limited liability company, and the General Partner of Buyer; pro v used. however. that following any such assignment. unless and until the close of escrow Bayer shall remain jointly liable with Assignee for any liability hereunder. Buyer shall promptly notify Seller and Escrow Holder in writing of any such assignment. Otherwise, neither this Agreement nor any interest herein may be assigned by either party without the prior written consent of the other party. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. and their successors and assigns. 12. ENTIRE AGREEMENT- This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this .Agreement. 14. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the saute instrument. 15. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terns. 16. TIME OF THE ESSENCE. Time is of the essence of this Agreement. 17. THIRD PARTIES. Nothing contained in this Agreement. expressed or implied, is intended to confer upon any person. other than the parties hereto and their successors and assigns. any rights or remedies under or by reason of this Agreement. IrI>. -0010 I I- 4 1= 0x3.0 oc 18. SEVERABI L.ITY. if any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity. illegality or unenforceability. In the event of such termination. all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 19. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 20. DEVELOPMENT AND USE PER REDEVELOPMENT PLAN. Buyer shall develop and use the Property in accordance with the Redevelopment Plan. The foregoing shall be included in the Grant Deed, and shall survive the Close of Escrow. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: TEMECULA WATER PARK LP, a California limited partnership By: Clearwater Waterpark Development, LLC, a California limited liability company, General Partner SELLER: By: By: EDJ, LLC. a California limite a ity company, Mara Bv: Evan Gentry Manager TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and 'tic Ron Roberts, Chairperson I -.nrW l' 1 1 '•=4 i 50h 1 .,1oe 1 t) APPROVED AS TO FORM: Richards. Watson Gershon By Pe:44 N4 "1:44ersen, Agency Counsel 6 r CreAli !1;S7-IOU n i 150■3.rioc I 1001 I I 741 3Aftw EXIIIBIT "A" DESCRIPTION OF THE LAND [Attached.] A- EXHIBIT "A" DESCRIPTION OF THE LAND Real property in the City of Temecula, County of Riverside, State of California, described as follows: THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646 AS SHOWN BY PARCEL MAP OF FILE IN BOOK 6 PAGE(S) 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 (SAID NORTHEASTERLY LINE ALSO BEING THE CENTERLINE OF A RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE), SOUTH 41 °4222" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6 °36'30 A DISTANCE OF 461.35 FEET; THENCE TANGENT TO SAID CURVE SOUTH 48 °18'52" EAST 482.01 FEET; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY SOUTH 43 °58'46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25 °52'42" A DISTANCE OF 383.91 FEET; THENCE NORTH 41 °50'22" WEST 1001.63 FEET; THENCE NORTH 48 °09'30" EAST 1680.60 FEET TO THE POINT OF BEGINNING. APN: 909-370-002 11087- 0001 \I 174150v2.doc A -1 RDA DEPARTMENTAL REPORT ITEM NO. 17 TO: Executive Director /Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: October 27, 2009 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Approvals City Attorney Director of Finance City Manager Sief Paz, 42, Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with staff on site planning issues. On January 22, 2009 the Executive Director granted a three -month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Auto Mall Sign The Agency and Auto Dealers Association have agreed on deal points and both parties are reviewing the loan documents at this time. The new deal as of this time will include a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition marquee sign. Part of the agreement stipulates that the City will have 10% of the time between sunrise and 11:00 p.m. daily to use the sign to promote City interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old sign will be removed. The Loan Agreement is scheduled to come before the Agency Board on October 13, 2009 Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2009 -2010. The following facade improvements are in process or recently completed: Emporium Center Facade Renovation Temecula Stage Stop Outdoor canopy renovation Pennypickle's Workshop Change copy and refurbish sign The applications currently under review have exhausted the Facade Improvement Program budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not available for the remainder of this Fiscal Year. HOUSING 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 completed an initial study and Negative Declaration for the Housing Element. The Planning Commission recommended on September 2, 2009 that the City Council approve the Housing Element Update and adopt the Negative Declaration. A City Council hearing is scheduled for November 10, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90 -day Certification review. The Warehouse at Creekside On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3r Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. The project is currently under construction and is slated to be completed by fall 2010. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interest to select a preferred development partner for the 30 -acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. Due to the State of California's Redevelopment SERAF take it is not possible for the Agency to pursue a project with the Hobbs Company on the Diaz site at this time. The Agency negotiated a Purchase and Sale Agreement and Escrow Instructions "PSA for the sale of approximately 20 acres to Clearwater Development for the development of a water park. The Agency Board approved the PSA on September 22, 2009. Major terms of the PSA are a purchase price of $6.7 million with a $1 million "holdback" to mitigate existing soils conditions. Escrow on the transaction is scheduled to close on October 30, 2009 First Time Homebuvers Program On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $250,000- $300,000 price range. An article published in the Californian on July 5, 2009 has generated tremendous interest in the program. However, on July 24, 2009, the State Legislature passed a budget that proposes a take of $2.05 Billion in statewide redevelopment agency funds to help close the State's current budget deficit. This means that about $4,300,000 in City of Temecula Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional $900,000 diverted to the state in Fiscal Year 2010/2011. As a result, funding for this program is temporarily frozen and no new applications are being considered at this time. Summerhouse The Agency negotiated an Owner Participation Agreement "OPA with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income. The terms of this agreement place affordability restrictions on the property for 55 years. Summerhouse Housing Partners L.P. has closed escrow and taken full title to the property and has begun the clean -up and restoration of the site. A development plan has been submitted to the City and completion of the partially completed units shall begin within 120 days with completion of those 20 units no more than 15 months thereafter. Residential Improvement Program The program budget for FY 2009/2010 is $200,000.00. However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City of Temecula Redevelopment Agency has required unreserved funds budgeted for this program to be temporarily frozen. The Redevelopment Agency is currently processing 5 applications totaling $34,295 that were in the queue prior to Monday, July 27. No new applications are being considered at this time. Eleven applications are on hold pending release of funds for this program. COUNCIL BUSINESS ITEM NO. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: October 27, 2009 SUBJECT: Proposed Ordinance to Amend Section 3.2070 of the City of Temecula Muncipal Code (Reporting and Remitting), and 3.20110 (Appeal) of the City of Temecula Muncipal Code Relating to Transient Occupancy Tax PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX 2. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Sief Paz, 42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TRANSIENT OCCUPANCY TAX APPEAL FEE SCHEDULE SUMMARY OF ORDINANCE AMENDMENT: The Transient Occupancy Tax (TOT) Municipal Code was originally adopted on February 13, 1990. This proposed Ordinance amendment would amend Section 3.20.070 of the Temecula Municipal Code to clarify existing language to specifically require transient occupancy tax remittances be deemed timely made if postmarked by the United States Postal Service on the due date. Currently the Municipal Code does not clearly specify what criteria to be used to determine timeliness of remittances. The proposed Ordinance amendment would also amend Section 3.20.110 of the Temecula Municipal Code to implement an administrative (A) (B) (C) (U) (E) (F) (G) (H) Department FY 09/10 Annual Operating Budget Number of Authorized Positions Number of Productive Hours Per User Fee Study Total Productive Hours (Column C multiplied by Column.D) Department Hourly Rate (Column B divided by Column E) Estimated Prep Time for Appeal TOT Hearing Rate (Column F multiplied by Column G) Clerk $1,030,10 0 10 1,800 18,000 $57 1 hr. $57 Finance $2,032,06 4 17 1,800 30,600 $66 .5 hr. $33 Processing Fee $90 process to conduct hearings for appeals of taxes, penalties and interest before an independent hearing officer. Currently, hearings must be done at a City Council meeting. BACKGROUND: Staff is proposing to amend Section 3.20.070 of the Temecula Municipal Code to clarify the existing language to specially require transient occupancy returns and tax payments as deemed timely made if postmarked by the United States Postal Service on the due date. Staff has been using this criteria to evaluate the timeliness of remittances paid by mail, but it is subject to interpretation and challenge. The current Temecula Municipal Code does not clearly specify what criteria is to be used to determine timeliness of remittance. Staff is also proposing to amend Section 3.20.110 of the Temecula Municipal Code to implement an administrative process to conduct hearings for appeals of taxes, penalties, and interest. Currently, the Temecula Municipal Code requires the City Council to set an appeal hearing date and conduct an appeal hearing at a City Council meeting to contest taxes, penalties, and interest assessed. The proposed amendment recommends an administrative process necessary to conduct an appeal hearing utilizing a third party hearing officer. The amendment would require the cost, if any, of the hearing officer be deposited prior the appeal hearing, which would be returned without interest should the appellant substantially prevail. The hearing officer will consider evidence received from the tax administrator and the appellant and shall render a decision. The decision of the hearing officer shall be final and conclusive. Any amount found to be due shall be immediately due and payable upon the service of notice. Staff is also proposing a Resolution to establish a TOT appeal fee to help offset City costs incurred to prepare for the appeal hearing. A table demonstrating how the processing fees were developed is provided below: The processing fee for staff costs is calculated at $90 and is due from the appellant prior to the appeal hearing. The processing fee for staff costs was developed by computing departmental hourly rates for both the Finance and City Clerk departments and multiplying these rates by the anticipated staff time necessary to process the appeal. Any fees related to the cost of a hearing officer will also be due from the appellant prior to the appeal hearing. In the event the appellant substantially prevails, the appeal fee shall be returned to the appellant. FISCAL IMPACT: Any fees related to the cost of the appeal hearing are required to be deposited bythe appellant prior to the hearing. Fees would be returned to the appellant only should the appellant substantially prevail. ATTACHMENTS: Ordinance No. 09- Resolution No. 09- ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Section 3.20.07 of the Temecula Municipal Code is hereby amended to read as follows: "3.20.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar month or of such different reporting period as may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received, the amount of tax collected for transient occupancies, and such other information as may be reasonably required. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish either shorter or longer reporting periods for any individual certificate holder or category of certificate holders if the tax administrator deems it necessary or desirable in order to insure collection of the tax or to increase the efficiency of its administration. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. The return and tax payment shall be deemed timely made if postmarked by the United States Postal Service on the date due." Section 2. Section 3.20.110 of the Temecula Municipal Code is hereby amended to read as follows: "3.20.110 Appeal. A. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties or other decisions of the tax administrator "tax determination may appeal the tax determination pursuant to the provisions of this Section. Any operator appealing the tax determination pursuant to the provision of this Section shall pay the costs of a hearing officer to hear the appeal, unless such operator substantially prevails on the appeal. B. The right to file a written appeal shall terminate upon the expiration of fifteen (15) calendar days of the date of the serving or mailing of the tax determination. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by City Council resolution, which amount shall include a deposit for the costs of the hearing officer. The City Clerk shall promptly forward a copy of the appeal to the tax administrator. C. In the event an appeal is timely filed, the tax determination shall not be effective until a final decision has been rendered by the hearing officer pursuant to this section. If no timely appeal is filed, the tax determination shall become effective upon expiration of the period for filing appeals. D. Upon receipt of a timely appeal, the City Clerk shall select a hearing officer to conduct the appeal hearing. Not later than fifteen (15) days after the filing of the notice of appeal, the City Clerk shall notify the tax administrator and operator of the name of the proposed hearing officer. The tax administrator or operator may reject a proposed hearing officer once without cause and any subsequent proposed hearing officers only on the basis of actual bias upon notifying, not later than five (5) days after the date of mailing the notice of the name of the proposed hearing officer, the City Clerk in writing that he or she elects to reject the proposed hearing officer. The hearing officer shall be fair, impartial, and knowledgeable in municipal affairs, and shall have no bias for or against the tax administrator or operator. E. The City Clerk shall then set the hearing for a date not less than fifteen (15) days after the mailing of the notice of hearing nor more than thirty (30) days after the mailing of the notice of hearing. The parties may in writing agree to a continuance of the hearing date. On the motion of a party and for good cause shown, the hearing officer may continue the initial hearing date. F. At the appeal hearing, the hearing officer shall receive oral and written evidence from the tax administrator and operator. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have full and complete authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The tax administrator shall have the burden of proof to establish by clear and convincing evidence the facts upon which tax determination is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. G. The hearing officer may uphold, modify or reverse the tax determination. Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision and file it with the City Clerk. The findings of the hearing officer shall be final and conclusive. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the tax administrator and operator, along with a proof of mailing. If the Appellant prevails following a final decision, the appeal fee shall be returned without interest. Any amount found to be due shall be due and payable within ten days upon the service of notice H. Any legal action challenging the hearing officer's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer's decision, pursuant to 1094.5, et seq. of the California Code of Civil Procedure. The provision of this section shall be the exclusive appeal procedure for decisions under this Chapter 3.20 and the provisions of Chapter 2.36 of this Code shall not be applicable to decisions under this chapter." Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of October, 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 27th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TRANSIENT OCCUPANCY TAX APPEAL FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. On October 27, 2009, the City of Temecula (the "City introduced Ordinance No. 09- entitled "An Ordinance of the City Council of the City of Temecula Amending Section 3.20.070 of the Temecula Municipal Code, Reporting and Remitting, and 3.20.110, Appeal, of the Temecula Municipal Code Relating to the Transient Occupancy Tax." B. Section 3.20.110 of the Temecula Municipal Code will provide an operator the ability to appeal the transient occupancy tax "TOT determination of the tax administrator. C. Subsection B of Section 3.20.110 of the Temecula Municipal Code also provides that any appeal filed with the City Clerk be accompanied by an appeal fee in an amount as set by City Council resolution. D. The City Council desires to set the amount of the TOT appeal fee as authorized in Subsection B of Section 3.20.110 of the Temecula Municipal Code. E. The TOT appeal fee collected pursuant to this Resolution shall be used to cover the costs of processing the appeal. F. The TOT appeal fee does not exceed the estimated reasonable cost of providing the service for which the fee is charged. G. The TOT appeal fee set and collected pursuant to this Resolution shall be in addition to any costs incurred for appealing a tax determination as provided in Subsection A of Section 3.20.110 of the Temecula Municipal Code Section, which states that "any operator appealing the tax determination pursuant to the provision of this Section shall pay the costs of a hearing officer to hear the appeal, unless such operator substantially prevails on the appeal." H. The findings set forth above are hereby adopted in support of this Resolution. Section 2. TOT Appeal Fee Schedule. In accordance with Subsection B of Section 3.20.110 of the Temecula Municipal Code, the following fee schedule for the TOT appeal fee is hereby adopted: a processing fee of ninety dollars ($90.00). Section 3. Effective Date. This Resolution shall become effective on the date Ordinance No. 09- becomes effective. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 27th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DEPARTMENTAL REPORTS ITEM NO. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: October 27, 2009 SUBJECT: Economic Development Departmental Monthly Report PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Receive and file. The following lists some recent highlights of the Economic Development Department for the months of August and September 2009. SITE VISITS On August 12th, the Mayor and Economic Development Staff met with Bill Brumbaugh, Vice President/ General Manager of John Hine Temecula Mazda auto dealership. The purpose of the site visit was to learn more about the dealership, discuss their needs and to provide city support. ECONOMIC DEVELOPMENT NEWS OLD TOWN PROMOTIONS Approvals City Attorney Director of Finance City Manager Sief Paz, 42, On August 25th, City Council Sub Committee consisting of Council Members Ron Roberts and Chuck Washington, City Management Staff, and ADE consultants participated in the Quality of Life Master Plan Kick -Off Meeting. ADE outlined a plan of direction for Quality of Life Master Plan called Temecula 2030. A Temecula 2030 webpage (www.temecula2030.org) has been designed to keep the public informed and to provide an opportunity for those to provide input on the process. Staff has created a personalized electronic letterhead for Economic Development e- blasts. The newly updated design is consistent with the Economic Development webpage header and will give an identity to all economic development focused e- blasts sent. Hot Summer Nights (July 3 through September 4 Friday nights in Old Town continued to draw crowds as Hot Summer Nights brought a variety of live bands, kids games, carriage rides, and soccer playing collies to the streets of Old Town. This year a record number of spectators came to hear bands such as Aunt Kizzy's Boyz, Sligo Rags, Nitro Express, and Guilty Conscience rock Old Town. Children were able to get involved and have some fun in bouncy jumps and participate in various games such as a hula -hoop or bubble gum blowing contests. This year Hot Summer Nights was extended through the first week of September, which proved to be a great success. MEETINGS OF INTEREST August 3r Staff led a training session on temporary signage. Attendees included the Chamber of Commerce and over 40 local businesses. August 4 Staff attended the first Subcommittee of the Southwest California Economic Development Corporation that focuses on Green Technologies. The EDC will be evaluating green technology development including reviewing the concept of Green Venture proposed by Michael Faelin of the Garrett Group. Temecula's Planning Department gave a presentation to the Subcommittee on the City of Temecula's Sustainability Program. August 13 Staff attended the Temecula Valley International Film Festival Media Day at La Cereza Winery. August 18 Staff attended an Emergency Operations Table Top exercise held at Abbott Vascular. Various local agencies, large businesses, adjacent cities, and Riverside County also attended the exercise. August 19 Staff attended a Workforce Investment Board Meeting to discuss joint efforts for the southwest region. August 19 Staff attended the EDC Board of Directors General Meeting at the Murrieta City Library Community Room. August 25 Staff attended a meeting to establish a Manufacturers Roundtable for Southwest Riverside County at the Murrieta Public Library. The purpose of the Roundtable is to start the process of creating a forum with local manufacturers and local cities to discuss needs of manufacturers and how we can work together to promote additional manufacturing in this area. August 26 City Council Member Chuck Washington and City Staff met with Chapman University Representatives including Vice Chancellor of Business Development to discuss growing and expanding their facilities and getting involved in the community. August 26 Staff attended the CONNECT Presentation sponsored by the Economic Development Corporation at RBF Consulting. August 28 Staff attended the Chamber Ribbon Cutting for the new Susan G. Komen facility on Business Park Drive. September 2 Staff attended the Southwest Committee Meeting with other local agencies, businesses, and nearby cities at MSJC to discuss linking gaps between education and workforce needs. September 9 Staff attended 2010 Southwest California Business Summit Committee Meeting at Commerce Bank of Temecula Valley to start the organization of next year's event. September 17 The Mayor and Staff attended the ribbon cutting for the Wal -Mart expansion located on Temecula Parkway. September 24 Staff attended the Economic Development Corporation's Quarterly Luncheon. The special guest speaker was Dr. Esmael Adibi Director of Anderson Center of Economic Research and Chair of Economic Analysis at Chapman University. The presentation covered Chapman's forecast for 2009 and 2010. September 26 Staff participated and assisted in the Temecula Valley College and Vocational Invitational held at the Promenade Mall. Representatives from 100 colleges and vocational schools were present. The event was a great partnership between local government, school districts, and the business community. September 29 Staff attended the Old Town Association mixer at Sweet Lumpy's BBQ restaurant in Old Town. ITEM NO. 20 Special Projects Long Range Planning Activities CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of September, 2009. CURRENT PLANNING ACTIVITIES New Cases The Division received 54 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of September. The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital This project was approved by the City Council on January 22, 2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The Public Works Department and Planning Department met with the applicant and the applicant's architect on May 21, 2009 regarding the status of grading plans, street improvement plans, the project's Water Quality Management Plan, and fees. The applicant's architect continues to indicate that building plans, or more specifically the geo- technical report for the project, is being reviewed by the Office of Statewide Health Planning and Development (OSHPD) and that approval of these plans. The applicant's architect indicated that a revised geo technical report would be submitted to OSHPD by mid August, 2009, and that OSHPD approval of building plans could shortly follow. Staff is awaiting re- submittal of plans to address comments regarding permits for rough grading, precise grading, street improvement plans, and a Water Quality Management Plan. (FISK) General Plan Housing Element Update —Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received on the final draft contained a handful of suggested corrections and sample language to add to the Housing Element. Staff completed an initial study and circulated a Negative Declaration for a 30 -day public review and comment period from July 31, 2009 through August 31, 2009. Planning Commission hearing was held on September 2, 2009 where the Commission recommended that the City Council approve the Housing Element Update and adopt the Negative Declaration. A City Council hearing is scheduled for November 10, 2009. Upon adoption bythe City Council, the Housing Element will be submitted a final time to HCD for a 90 -day Certification review. (PAPP) Nicolas Valley Rural Preservation Area Staff held a community meeting on February 26, 2009, where 70 -80 residents attended. Concerns regarding road cost, financing mechanisms and zoning densities were discussed. A community meeting was held March 19, 2009 to explain in more detail all zoning options, financing, and a community survey to be mailed following the meeting. The survey was mailed to property owners and residents on March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or'/ acre minimums) due to responses received from various property owners that% acre is not wanted. Staff mailed surveys to 124 property owners and 22 residents. The owner response rate was 72 the resident response rate was 4 and the overall response rate was 62 The survey clearly indicated that there is not support for a CFD for roadway improvements (57% of owners and 83% of registered voters within the CFD boundary would not support). The survey did not clearly reveal an overwhelming decision on preferred zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55 residents attended to inform the residents of the survey responses and discontinue this work effort. The residents requested the opportunity to conduct their own follow up survey to determine if a majority could agree on a zoning preference for the area. The results of this resident sponsored survey are expected bythe middle of October. Staff finalized and posted on the website the revisions to the Dirt Road Policy to allow more leniency for additions and replacement of existing residences. The hydrology study was completed in September, providing a mapped boundary of properties impacted by the 100 -year floodplain. Staff is currently working to complete the roadway design and traffic study. No additional technical studies /consultant work will be completed. (PETERS /KITZEROW) 1 -15 Interregional Partnership (I RP) Staff is working with WRCOG, SCAG, RCTC, RTA, SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on a Smart Growth Concept Map, which will coordinate land use and transportation decisions to accomplish the goals of SB 375 and AB 32. Staff is drafting final responses for the place type descriptions and place type boundaries and determining state at which progress has been made toward achieving the objectives of each place type. A tentative date of November 10, 2009 has been scheduled for the next Smart Growth Map Working Group. (WEST /INNES) City Sustainability Plan Staff continues with the preparation of the draft Sustainability Plan by focusing on the Green House Gas Emissions Inventory (explained below) and the development of the Energy Efficiency and Conservation Block Grant. Delays with the completion of this Plan are attributed to shifting priorities, opportunities and mandates as further described: Energy Efficiency and Conservation Block Grant Staff submitted the Energy Efficiency and Conservation Strategy Development application prior to the June 25 deadline to secure the Block Grant funds, which is essentially a place holder notifying the Department of Energy that the City intends to submit a complete grant application packet. Staff has worked with DOE staff to continue with processing the application. Staff has selected implementation programs that will be incorporated into the Energy Efficiency and Conservation Strategy. Staff is awaiting further direction from DOE staff to finalize the grant application. (WEST) The green house gas (ghg) inventory emissions analysis kick -off meeting was held on July 14, 2009. Representatives from City Departments as well as representatives from our utility companies and outside agencies attended the meeting. The committee selected 2007 as the base year for ghg emissions inventory analysis. There are two separate inventories being prepared; 1) a municipal operations inventory and 2) a communitywide inventory. Staff is working through each of the Departments to obtain data for the municipal operations inventory, and working with the utility companies and water agencies for the communitywide inventory. Staff anticipates obtaining the majority of the data necessary for the municipal operations by early September. Obtaining the data necessary for the communitywide analysis from the utility companies will take longer than anticipated due to customer confidentiality and how the data is maintained by the utility companies. Once the ghg inventory is complete, the next step will be to develop a climate action plan and incorporate the findings into the Sustainability Plan. (WEST) Energy Efficiency Loan Program Staff is currently developing a program which would allow property owners to apply for a low- interest loan for energy improvements that would be paid through property taxes. This program is being modeled after the Palm Desert program as authorized under AB 811. The draft Administrative Guidelines and loan documentation has been prepared and staff is now identifying eligible improvements for the program. Additionally, staff is working with the Redevelopment Agency to make energy efficiency improvements an available component of the Home Improvement Program. (WEST) Water Efficient Landscape Ordinance The Water Conservation in Landscaping Act of 2006 (AB 1881) requires local agencies to adopt an updated state model ordinance developed by the Department of Water Resources (DWR), or an equivalent, no later than January 1, 2010. Staff will compare the City's Water Efficient Landscape Ordinance to the State's model ordinance and revise as necessary to comply with AB 1881. Staff anticipates bringing a draft of the revised Water Efficient Landscape Ordinance to the Planning Commission on November 4, 2009, and then to the City Council on December 8, 2009. (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 ofthe Sphere of Expansion and Annexation. The City Council also certified the Environmental Impact Report for this project on December 9, 2008. Staff filed a Sphere of Influence and Annexation application with LAFCO on December 17, 2008. The application was denied by LAFCO on June 4, 2009. Resolutions for denial were adopted by LAFCO on June 25, 2009. The City filed an Application for Reconsideration to remove the Liberty Quarry project site (and a few neighboring parcels) the from the Annexation proposal and the Reconsideration was denied by LAFCO on September 24, 2009. (LOWREY /RICHARDSON) Liberty Quarry Draft Environmental Impact Report The County of Riverside has released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, settling ponds, truck scales, and truck and equipment parking areas within a 414 acre -site located approximately 3 /4 mile from the City's southwest boundary within the County of Riverside. The public review and comment period was extended 60 days beyond the original commenting deadline. The City is reviewing the Draft Environmental Impact Report and will provide comments to the County of Riverside by November 23, 2009. (LOWREYIWESTIRICHARDSON) Development Code Update Staff is preparing an update of the Development Code with various changes that include: codification of the City's current policywhich allows directional signs for colleges and universities; amendment to large family daycares consistent with State Law; removal of granny flats from the code consistent with State Law; updating the square footage allowance for guest houses to be the same as what is allowed for second dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker), minimizing requirements which trigger processing a sign program, and other minor clarifications within the Code. A public hearing is anticipated for Planning Commission on November 18, 2009 and Planning Commission recommendations will be brought forward to the City Council on December 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 forthe Specific Plan Update currently consisting of Board Members Blair and Moore, with the purpose of this committee being to provide the Old Town Local Review Board with additional opportunities to review and comment on concepts and preliminary plans as the Specific Plan update progresses and for the committee to report back to the other Board members on the progress of the update. Commissioners Guerriero and Kight are also members of the Steering Committee, which most recently met on June 23, 2009 to review progress on the proposed sustainability and public art sections forthe Specific Plan Amendment. An Environmental Impact Report (EIR) is currently being prepared for the project, and staff held a scoping meeting with the community on July 21, 2009 to solicit input on environmental concerns that should be addressed in the EIR. Staff intends to complete the first draft of the Specific Plan Amendment in October 2009, to present the draft update to the Steering Committee in November 2009, and to bring the updated plan to the Old Town Local Review Board for review in December 2009, to the Planning Commission for review in January 2010, and to City Council for review in January 2010. (FISK/INNES/LOWREY) SCAG 2012 RTP The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. Staff attended a meeting with SCAG, Western Riverside Council of Governments (WRCOG) and the Center for Demographic Research (CDR) in August 2009 to review the schedule and process for the update. The RTP will include a Sustainable Communities Strategy (SCS); a new component to the RTP as a result of the passage of SB 375. Staff will be working with the abovementioned agencies throughout the update process. The first order of business is to review Base Year Conditions and General Plan Based Growth Forecast /Distribution and Land use for 2020 and 2035 (WEST) 1. Recently Approved APN 922034036 PA09 -0009 Stellar Cellar CUP A Minor Conditional Use Permit to allow Stellar Cellar to operate a wine bar with live entertainment located at 28636 Old Town Front Street Submitted Date 1/14/2009 Approved Date Sep 24 2009 PA09 -0243 Film and Music Festival 921270050 CHRISTINE DAMKO A Major Temporary Use Permit for the 15th Annual Film and Music Festival from September 9 -13 with main festivities taking place at the Tower Plaza Shopping Center located at 27555 Ynez Road with no street closures Submitted Date 8/3/2009 Approved Date Sep 1 2009 PA09 -0259 islander Backyard TUP 910130054 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for Islander Backyard to hold a parking lot tent sale for the sale of outdoor furnishings and hot tubs to be held 9/4/09 thru 9/13/09 from 9 a.m. to 8 p.m. daily, addressed as 40438 Winchester Road, generally located at the southwest corner of Winchester Road and Margarita Road. Submitted Date 8/20/2009 Approved Date Sep 2 2009 PA09 -0266 JRs Hawaiian Ice TUP Mall PA09 -0274 Auto Dealers Used Car Sale TUP Planning Agenda Report 9/1/2009 through 9/30/2009 1 of 5 APN APN APN 910420005 A Major Temporary Use Permit for JR's Hawaiian Shaved Ice portable trailer at the Promenade Mall Expansion (in the paseo between Building A and C).The trailer is 12 feet wide by 8.5 feet deep and is designed with a Hawaiian/tiki hut theme. The use (sale of shaved ice) will operate 7 days a week from 12 noon to 8 p.m. with only one employee. Use will be for 60 days from approval. The mall is addressed as 40820 Winchester Road. Submitted Date 9/1/2009 Approved Date Sep 16 2009 APN 910420005 ERIC JONES CHERYL KITZEROW /MATT PETERS DANA SCHUMA A Major Temporary Use Permit for the Temecula Auto Dealers used car tent sale to be held Friday, October 23, 2009 through Sunday, October 25, 2009 located at the Promenade Mall, 40820 Winchester Road, between Macy's and Johnny Carinos Submitted Date 9/4/2009 Approved Date Sep 29 2009 Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6/26/2008 Oct 15 2008 Submitted Date DRC Meeting Date Planning Commision 7/31/2008 8/28/2008 Oct 7 2009 Submitted Date DRC Meeting Date Directors Hearing 3/3/2009 4/2/2009 Oct 8 2009 2. Scheduled for Hearing APN 921760015 PA09 -0083 PA09 -0227 Planning Agenda Report 9/1/2009 through 9/30/2009 Lyndie Lane Major Mod A Major Modification to an approved Development Plan (PA05 -0305) to reduce the building size from 8,642 square feet to 5,200 square feet located at 29742 Rancho California Road. Penske Truck Rental CUP APN 921030039 DANA SCHUMA DANA SCHUMA A Minor Conditional Use Permit to allow Penske to operate a truck rental facility in an existing industrial building located at 27565 Diaz Road (related case PRO9 -0008) Submitted Date 7/10/2009 DRC Meeting Date Directors Hearing Oct 22 2009 PA08 -0165 AT &T Wireless APN 954020005 DANA SCHUMA A Conditional Use Permit /Antenna Facility Application for the construction and operation of one slimline pole and one monopine and associated equipment structure for ATT Wireless on Rancho California Water District property located at 41520 Margarita Road. APN PA08 -0125 Temecula Village PDO -5 Amend/ 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). PA08 -0117 T- Mobile Cell Tower Redhawk APN 962040012 ERIC JONES A Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as three 35' flag poles located 45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment. (Previous Application: PRO7 -0020) Submitted Date 5/22/2008 DRC Meeting Date Planning Commision Nov 18 2009 2 of 5 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 8/4/2009 10/22/2009 TBD PA09 -0235 PA09 -0246 PA08 -0143 PA09 -0268 PA09 -0279 Planning Agenda Report 9/1/2009 through 9/30/2009 3. New Submittals Pending DRC Meeting APN 910420005 Race for the Cure A Major Temporary Use Permit for the Susan G Komen Race for the Cure in /around the Promenade Mall on Sunday, October 18, 2009 from 5:00 a.m. to 4:00 p.m. involving street closures in the morning hours Submitted Date 7/22/2009 Anticipated DRC Meeting Date No Hearing Planned TBD Roripaugh Estates SPA#3 PA10 A Specific Plan Amendment (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to permit automobile service stations with or without an automated car wash. Project proponent proposes future car wash at the existing Arco AM /PM at the southeast corner of Winchester Nicolas Roads, addressed as 40212 Winchester Road. (Associated with PA09 -0287 and PA09 -0288) BAILY'S RESTAURANT BANQUET TUP A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets /events throughout the year within an approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application. Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific Plan. Submitted Date 6/25/2008 Anticipated DRC Meeting Date No Hearing Planned TBD Feduniw Family Day Care Minor Midway of Fun Carnival -Mall 3 of 5 APN 920100048 APN 922046018 APN 957550002 A Minor Conditional Use Permit to allow a home -based family day care facility to operate with up to 12 children at 30713 East Gate Parkway Submitted Date 9/2/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN PA09 -0273 Rod Run 922026008 CHRISTINE DAMKO A Major Temporary Use Permit for the Fall Rod Run located in Old Town Temecula on October 9th and 10th. Street Closures required. Submitted Date 9/3/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN 910420005 CHRISTINE DAMKO CHERYL KITZEROW /MATT PETERS CHRISTINE DAMKO ERIC JONES CHERYL KITZEROW /MATT PETERS Submitted Date Anticipated DRC Meeting Date No Hearing Planned 9/22/2009 10/22/2009 TBD Planning Agenda Report 9/1/2009 through 9/30/2009 A Major Temporary Use Permit for Midway of Fun Fall Carnival from November 12- 15 (set -up and breakdown to occur 3 days prior /after event) at the Promenade Mall, 40820 Winchester Road. The carnival will include rides, games and food. No alcohol will be served. The hours for the carnival will be 4 p.m. -10 p.m. on weekdays and 12 noon -10 p.m. on the weekend. The carnival will be located in the parking lot of the mall adjacent to Macy's on the west side of the building. Primary access will be via Ynez Road and the Ring Road. The carnival will be secured with a six -foot chain link fence around the perimeter. Submitted Date 9/17/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0281 PA09 -0287 PA09 -0298 Chaparral HS Business Expo Arco AM/PM Nicolas Car Wash PA09 -0289 Norris Ranch Pumpkin Patch TUP Verizon Faux Bell Tower CUP APN 920090005 A Major Temporary Use Permit for a Business Expo at Chaparral High School located at 27215 Nicolas Road Submitted Date 9/17/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN 920100048 A Conditional Use Permit to construct a 946 square foot drive -thru car wash at the existing Arco AM /PM gas station at the southeast corner of Nicolas and Winchester Roads, addressed as 40212 Winchester Road. (Associated Cases PA09 -0246 and PA09 -0288) APN 959070012 ERIC JONES CHERYL KITZEROW /MATT PETERS DANA SCHUMA A Major Temporary Use Permit to operate a pumpkin patch at Rancho Community Church October 10 -31, 2009, located at 31300 Rancho Community Way Submitted Date 9/23/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN PA09 -0290 Reliance Church Minor CUP 945110002 ERIC JONES A Minor Conditional Use Permit to allow Reliance Church to hold a Harvest Picnic on October 31 from 5 p.m. to 9 p.m. in the parking lot of an existing commercial building at 31217 Pauba Road Submitted Date 9/23/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN PA09 -0296 Wahoos Tacos Major TUP 921810033 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for an autograph signing by Robby Gordon, live music and sponsor tents outside of Wahoos Tacos at 29073 Overland Drive #K on October 10, 2009 from 2 p.m. to 6 p.m. Submitted Date 9/30/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN 945050017 DANA SCHUMA A Conditional Use Permit /Antenna Facility application for the construction and operation of a 65 -foot faux bell tower with associated equipment structure and future generator pad for Verizon Wireless located at 30470 Pauba Road. 4 of 5 Planning Agenda Report 9/1/2009 through 9/30/2009 Submitted Date 10/2/2009 Anticipated DRC Meeting Date No Hearing Planned TBD 5 of 5 C► i���jll i*1 0 Legend Planning Status September 2009 0 1. Recently Approved 0 2. Scheduled for Hearing 0 3. New Submittals Pending DRC Meeting o TENjE� U 198 O o 9 °�r�y��Ea peeoe i �Ip1111 NE, �I11� ITEM NO. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Shawn D. Nelson, City Manager DATE: October 27, 2009 SUBJECT: City Council Travel /Conference Report September 2009 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file Approvals City Attorney Director of Finance City Manager Sief Paz, 42, On September 2, 2009 Council Member Ron Roberts traveled to Los Angeles, California to attend the Southern California Association of Governments Executive /Administration Committee, Transportation Committee, and Regional Council meetings. On September 28, 2009 Council Member Ron Roberts traveled to Washington, D.C. to attend the National League of Cities Transportation Infrastructure Services Steering Committee Meeting. Attachments: Meeting Agendas SOUTHERN CAUFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t(213)236.1800 f(213) 236 -1825 wwwscag.ca.gov Officers President Jon Edney, El Centro FlrstVice President Larry McCallon, Highland Second Vice President 'am O'Connor, Santa Monica Immediate Past President Richard Dixon, Lake Forest Executive /Administration Committee Chair Jon Edney, El Centro MEETING OF THE EXECUTIVE /ADMINISTRATION COMMITTEE Thursday, September 3, 2009 9:00 a.m. 10 :00 a.m. SCAG Offices 818 IN. 7 Street, 12 Floor Board Room A B Los Angeles, Calif 90017 (213) 236 -1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Shelia Stewart at (213) 236 -1868 or via email stewart a(�scaq.ca.aov Agendas Minutes for the Executive/ Administration Committee are also available at: www.scaq.ca.gov /committees /eac.htm Policy Committee Chairs Community, Economic and Human Development SCAG, in accordance with the Americans with Disabilities Act (ADA), will Cad Morehouse, Ventura accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please Energy Environment contact SCAG at (213) 236 -1868 at least 72 hours in advance of the Keith Hanks, Azusa meeting to enable SCAG to make reasonable arrangements. To request Transportation documents related to this document in an alternative format, please MikeTen, South Pasadena contact (213) 236 -1868. The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five County Transportation Commissions, Imperial Valley Association of Governments and a Tribal Government representative within Southern California. 6.16.09 EXECUTIVE /ADMINISTRATION COMMITTEE AGENDA SEPTEMBER 3, 2009 The Executive /Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER PLEDGE OF ALLEGIANCE (Hon. 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 WELCOME TO RANDALL LEWIS, NEW EX- OFFICIO MEMBER TO EAC 4.0 REVIEW and PRIORITIZE AGENDA ITEMS 5.0 CONSENT CALENDAR 5.1 Approval Items 5.1.1 Minutes of July 2, 2009 Meeting Attachment 6.0 ACTION ITEMS 5.1.2 State Lobbyist's Contract Amendment 5.2 Receive File 5.2.1 Contracts/Purchase Orders between $5,000 $200,000 6.1 FY 2010 -2011 Comprehensive Budget Development Schedule Recommended Action: Approve Budget Development Schedule. SOUTHERN CALIFORNIA !iwra •TII%Y aO ea'Ir n Yan YT! Attachment Attachment TIME PG# 10 Attachment 15 min 35 7 EAC September 2009 Doc11153153 Stevan EXECUTIVE /ADMINISTRATION COMMITTEE AGENDA SEPTEMBER 3, 2009 6.0 ACTION ITEMS CONT'D 6.2 FY 09/10 Overall Work Program (OWP) Amendment #1 Amendment #1 will increase our FHWA/FTA Funds by $2,060,510. Recommended Action: Approve Amendment #1 to the FY 09/10 OWP. 6.3 Exhibit at the League of California Cities Annual Conference Exvo Sept 15 —18, 2009 SCAG has been a supporter and participant as an exhibitor at this annual event. Recommended Action: Approve payment of exhibitor's fee. 6.4 CALCOG Membership Dues SCAG has been an active member of CALCOG throughout the years and continues to do so through Sacramento advocacy efforts. Recommended Action: Approve payment of annual membership dues. 6.5 Annual UCLA Extension Arrowhead Symposium Sponsorship SCAG has been a sustaining co- sponsor of this program for many years. Recommended Action: Approve co- sponsorship. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TIME PG# Attachment 15 min 37 Attachment 5 min 40 Attachment 5 min 41 Attachment 5 min 44 EAC September 2009 Docl{153153 Stewart EXECUTIVE /ADMINISTRATION COMMITTEE AGENDA SEPTEMBER 3, 2009 6.0 ACTION ITEMS CONT'D 6.6 Southem Califomia Leadership Council (SCLC) Attachment 5 min 53 Membership Dues 9.0 ANNOUNCEMENTS 10.0 ADJOURNMENT Membership to SCLC is beneficial to SCAG's outreach and advocacy efforts. Recommended Action: Approve payment of annual dues. 7.0 CAP SUBCOMMITTEE REPORT (Hon. Paula Lantz, Chair) 7.1 CAP Subcommittee Charter Attachment 5 min 55 Amendment The Amendment relates to proposed changes to the CAP Subcommittee Charter which excludes the Executive Director's position from the CAP Subcommittee's salary range review duties. Recommended Action: Approve proposed Amendment. 8.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request. The next meeting of the Executive /Administration Committee is for Thursday, October 1, 2009 at the SCAG Los Angeles office. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS iii TIME PG# EAC— September 2009 DoW153153 Stewart SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017 -3435 t (213)236 -1800 f(213) 236 -1825 wwwscag.ca.gov Officers President Jon Edney, EI Centro First Vice President Larry McCallon, Highland Second Vice President Pam O'Connor, Santa Monica Immediate Past President Richard Dixon, Lake Forest Executive /Administration Committee Chair Jon Edney, El Centro Policy Committee Chairs MEETING OF THE TRANSPORTATION COMMITTEE Thursday, September 3, 2009 10:00 a.m. 12 :00 noon SCAG Offices 818 W. 7 Street, 12 Floor Board Room A B Los Angeles, CA 90017 (213) 236 -1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Karen Strain at (213) 236 -1872 or via email strainAscaq.ca.gov Agendas Minutes for the Transportation Committee are also available at: www.scaq.ca.qov/committees/tc.htm Community, Economic and SCAG, in accordance with the Americans with Disabilities Act (ADA), will Human Development accommodate persons who require a modification of accommodation in Cad Morehouse, Ventura order to participate in this meeting. If you require such assistance, Energy &Environment please contact SCAG at (213) 236 -1868 at least 72 hours in advance of Keith Hanks, Azusa the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an altemative format, Transportation please contact (213) 236 -1868. MikeTen, South Pasadena The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five County Transportation Commissions, Imperial Valley Association of Governments and a Tribal Govemment representative within Southem California. 6.16.09 TRANSPORTATION COMMITTEE AGENDA SEPTEMBER 3, 2009 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 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 fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Approval Items 4.1.1 Minutes of July 2, 2009 Meeting Attachment 1 5.0 ACTION ITEMS 5.1 Draft 2011 Federal Transportation Improvement Program (FTIP) Guidelines (Pablo Gutierrez, SCAG Staff) Staff will provide an overview of the proposed changes to the FTIP Guidelines. Recommended Action: Approve the Draft 2011 FTIP Guidelines, which include the approval process for FTIP Amendments, and authorize staff to make revisions to the Guidelines as appropriate. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 1 TIME PG# Attachment 10 min 8 TC SEPTEMBER 2009 Doc#153100 Strain 8262009 6.0 INFORMATION ITEMS TRANSPORTATION COMMITTEE AGENDA SEPTEMBER 3, 2009 6.1 Anaheim Regional Transportation Intermodal Center (ARTIC) (Natalie Meeks, Public Works Director, City of Anaheim; and Naresh Amatya, SCAG Staff) A status report will be presented on the proposed ARTIC. 6.2 State Route 1 Corridor Microanalysis Study (Dan Takacs, Hatch Mott MacDonald) SCAG consultant will provide a brief report on the recently completed State Route 1 Corridor Microanalysis Study. 6.3 Los Angeles County Metropolitan Transportation Authority's Update on the American Reinvestment and Recovery Act of 2009 (LA Metro Staff and SCAG Staff) A brief report will be provided on the status of Stimulus Projects in L.A. County. 6.4 Advancing Goods Movement through the Inland Empire Workshop (Mike Jones, SCAG Stafj) Staff will provide an overview of the workshop designed to identify goods movement challenges and opportunities facing the Inland Empire. 7.0 CHAIR'S REPORT SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii TIME PG# Attachment 15 min 10 Attachment 20 min 32 Attachment 15 min 59 Attachment 10 min 60 TC SEPTEMBER 2009 Dad 153100 Strain 8262009 8.0 STAFF REPORT (Naresh Amatya, SCAG Staff) 9.0 FUTURE AGENDA ITEMS TRANSPORTATION COMMITTEE AGENDA SEPTEMBER 3, 2009 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 is scheduled for Thursday, October 1, 2009 at the SCAG Los Angeles office. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS iii TIME PG# TC SEPTEMBER 2009 Dad/ 153100 Strain 8/26t2009 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017 -3435 t (213) 236 -1800 f(213)236.1825 wwwscagca.gov Officers President Jon Edney, EI Centro First Vice President Larry McCallon, Highland Second Vice President Pam O'Connor, Santa Monica Immediate Past President Richard Dixon, Lake Forest ExecutivefAdministration Committee Chair Jon Edney, El Centro Policy Committee Chairs Community, Economic and Human Development Cad Morehouse,Ventura Energy Environment Keith Hanks, Azusa Transportation MikeTen,South Pasadena No. 511 MEETING OF THE REGIONAL COUNCIL Thursday, September 3, 2009 12 :15 p.m. 2:00 p.m. SCAG Offices 818 W. 7 Street, 12 Floor Board Room A B Los Angeles, CA 90017 (213) 236 -1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Shelia Stewart at (213) 236 -19868 or via email stewart(a scaq.ca.gov Agendas Minutes for the Regional Council are also available at: www.scag.ca.00vicommittees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236 -1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236 -1868. The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five CountyTransportation Commissions, Imperial Valley Association of Governments and a Tribal Government representative within Southern California. 0.16.09 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 REVIEW AND PRIORITIZE AGENDA ITEMS 4.0 PRESENTATION Proclamation in Appreciation and welcome to Will Kempton, Former Caltrans Director and new OCTA Chief Executive Officer 5.0 CONSENT CALENDAR 5.1 Approval Items 5.1.1 Minutes of July 2, 2009 Meeting Attachment 1 5.1.2 CAP Subcommittee Charter Amendment Attachment 10 5.1.3 Exhibitor at the League of California Cities Annual Conference Expo Sept 15 —18, 2009 Attachment 15 5.1.4 CALCOG Membership Dues Attachment 20 5.1.5 Annual UCLA Extension Arrowhead Attachment 23 Symposium ($10.000) 5.1.6 Southern California Leadership Council Attachment 32 Membership Dues 5.1.7 State Lobbyist's Contract Amendment Attachment 34 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS REGIONAL COUNCIL AGENDA SEPTEMBER 3, 2009 RC 8/3109 Doc4149076 Stewart P el 5.2 Receive File 5.0 CONSENT CALENDAR CONT'D REGIONAL COUNCIL AGENDA SEPTEMBER 3, 2009 5.2.1 Contracts/Purchase Orders between $5,000 $200,000 5.2.2 RHNA Reform Consultant Final Report 6.0 PRESIDENT'S REPORT 6.1 New Committee Appointments 6.2 RC Strategic Plan Committee Update 7.0 COMMITTEE REPORTS /ACTION ITEMS 7.1 Legislative/Communications and Membership Committee Report (Hon. Glen Becerra, Chair) 7.1.1 2009 State Bills of Interest SB 632 (Lowenthal); and AB 672 (Bass) Recommended Action: Support 7.1.2 Legislative Update Attachment 70 (Sharon Neely, Director, Legislation) 7.2 Executive /Administration Committee (EAC) Report (Hon. Jon Edney, Chair) 7.2.1 FY 2010 -2011 Comprehensive Budget Development Schedule Recommended Action: Approve SOUTHERN CALIFORNIA ASSOCIATION Or GOVERNMENTS Attachment Attachment Attachment 90 Dx#149076 RC 8/3/09 Stewart P6 1 37 62 Attachment 68 7.2 (EAC) Report CONT'D 7.2.2 FY 09/10 Overall Work Program Amendment #1 Recommended Action: Approve 7.3 Transportation Committee (TC) Report (Hon. Mike Ten, Chair) 7.3.1 Draft 2011 Federal Transportation Improvement Program (FTIP) Guidelines Recommended Action: Approve the 2011 FTIP Guidelines, which includes the approval process for FTIP Amendments, and authorize staff to make revisions to the Guidelines as appropriate. 7.4 Community, Economic and Human Development Committee (CEHD) Report) (Hon. Carl Morehouse, Chair) 7.5 Energy and Environment Committee (EEC) Report (Hon. Keith Hanks, Chair) 8.0 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) 9.0 INFORMATION ITEMS 9.1 CFO Monthly Financial Report Attachment (Wayne Moore, CFO) SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS REGIONAL COUNCIL AGENDA SEPTEMBER 3, 2009 Attachment 92 Attachment 95 RC 8/3/09 Doc#149076 Stewart 10.0 CLOSED SESSION 10.1 Conference with Legal Counsel— Existing Litigation: One Case (Govt. Code Section §54956.9(a)) City of Irvine v. SCAG, Court of Appeals, 4 District Case No. G040513 11.0 ADJOURNMENT The next meeting of the Regional Council is scheduled for Thursday, October 1, 2009 at the SCAG Los Angeles office. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS REGIONAL COUNCIL AGENDA SEPTEMBER 3, 2009 iv RC 8/3/09 DocIi i49076 Stewart P G# Hilton Washington Hotel 1919 Connecticut Ave., NW, Washington, DC 202483.3000 10 Floor Executive Conference Room Draft Agenda Tuesday, September 29 6:30 PM Reception at NLC Offices 1301 Pennsylvania Ave, NW, Fifth Floor NLC Main Number 202.626.3000 (Accessible via Metrorail Metro Center on both the Red and Blue /Orange lines and taxi from the hotel) Wednesday, September 30 Steering Committee meetings and meals will take place in the Hilton Washington Hotel, 10 floor executive conference room. 10 floor is accessible via key card. If you are not staying at the hotel, please contact Brenda Ramirez, 202626.3020, RamirezWnlc.orq and we will arrange to have one available for you at the concierge desk %I 8:00 AM 8:45 AM Breakfast 8:45 AM- 9:OOAM 9:00 AM 9:30 AM Welcome and Meeting Overview Oscar Trevino, Chair Mayor, North Richland Hills, Texas DOT HUD -EPA Partnership for Livability Beth Osborne, US Department of Transportation Deputy Assistant Secretary for Transportation Policy 9:45 AM 10:15 AM Authorization Update Joshua Schenck, Bipartisan Policy Center 10:15 AM 10:30 AM Break 10:30 AM 11:15 AM Authorization Update, continued Ron Thaniel, US Conference of Mayors Bob Fogel, National Association of Counties Erika Young, National Association of Regional Councils David Parkhurst, National Governors Association 11:15 AM 11:45 AM High Speed Rail and Rail Issues 11:45 AM 1:00 PM Lunch Art Guzzetti, American Public Transit Association AFTERNOON: (still in progress) Policy discussion and Hill meetings 10:15 AM 10:30 AM Break 6:00 PM Evening on Your Own Thursday, October 1 8:00 AM 9:00 AM Breakfast 9:00 AM 9:20 AM NLC Board Update Bill Brooks, Board Representative Mayor, Belle Isle, Florida Advisory Council Update Susan Burgess, Advisory Council Representative Council Member, Charlotte, North Carolina 9:30 AM 10:15 AM Chris Leinberger, LOCUS: Responsible Real Estate Developers and Investors Noon Adjourn Leslie Wollack National League of Cities 1301 Pennsylvania Avenue NW Washington, DC 20004 -1763 Voice: 202.626.3029 FAX: 202.626.3043 10:30 AM 11:15 AM James Corless, Executive Director, Transportation 4 America, 11:30 AM 12:00 PM Congressman Earl Blumenauer, D- Oregon, House Ways and Means Committee David Skillman, Legislative Assistant and Counsel ITEM NO. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: October 27, 2009 SUBJECT: Public Works Department Monthly Report Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of September, 2009. TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor DATE: October 5, 2009 SUBJECT: Monthly Activity Report September, 2009 I. SIGNS II. TREES A. Total signs replaced B. Total signs installed C. Total signs repaired III. ASPHALT REPAIRS IV. CATCH BASINS 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 MEMORANDUM The following activities were performed by Public Works Department, Street Maintenance Division in -house personnel for the month of September, 2009: A. Total trees trimmed for sight distance and street sweeping concerns A. 403 New and repainted legends B. 0 L.F. of new and repainted red curb and striping C. 2 Bull Nose D. 22 Thermal Plastic 38 1 53 101 A. Total square feet of A. C. repairs 4,496 B. Total Tons 58.5 A. Total catch basins cleaned 154 B. Under the sidewalks 359 0 84 5,339 RAMAINTAI N \MOACrRPT Also, City Maintenance staff responded to 81 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 75 service order requests for the month of August, 2009. The Maintenance Crew has also put in 58.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of September, 2009 was $37.953.00 compared to $10,617.00 for the month of August, 2009. Account No. 5402 21,803.00 Account No. 5401 16,150.00 Account No. 999 -5402 0 Electronic Copies: Amer Attar, Principal Engineer Dan York, City Engineer Jerry Gonzalez, Associate Engineer (Capital Improvements) (Traffic Division) R:VNAINTAIN \MOACTRPT TOTAL COST FOR 55'9L6'0Z5$ 60 "58£ "4£1.$ 00'99L'£Z$ 00'0$ UV 2197 1:143 $32,500.00 $17,153.50 $4,750.00 $2,506.66 $109,070.57 $103,237.78 94 9£'8£7'87$ E 96•6£6 "Z$ 07'999'9£.$ .'WORK WORK ;WORK COMPLETED COST FOR JULY COMPLETED COST FOR AUG COMPLETED ,COST FOR SEPT.; TOTAL COS FOR sonar nF wnair `:00 V •n0 •no r r{/ i J ele rJ 1/ r 1 1 1lra l lv I�N c /Gti a F J 0. 0 N Q Of LO ou co 69 co to N Or CO 0 LO of CO Of 01 e. s. 0 0 49 Of 0 CI 49 03 CD o 0 0 0 0 M w 7 JQ (r lki (/r° h l �11'� %rrl l���li rj 1�j�,� 1/17 Ai 1 u �r 1 I j�,>[r��Jlr� r /U� i i a i -0rd� l Y 1 I 1 ?1,114:146/47 i /1 �r/1 ,ll In lh l�,U.l l o O 0 0 tlJ 49 O O O O P 9 K 0 0 6 m O, v O j cp u 0 0) 0 lij N O. 0 co cc Q W O N i i i STRIPING LINEAR FEET: 420 $29.40 6,447"�ti $451.29 p���.�„$0;001 $480.691 IN -HOUSE PAINTING LEGENDS: 407 $3,256.00 855 $6,840.00 2T� 3 4.16;00 313.512.00 0 0 N 0 N O Q' N' toe 49 47 a4 rd i Pl°°� i ji ';Fr C III I- ,14� II1� I-VI i��/ II ll �Ir� /1 il //J i( wJ r J r b. llr /l �l� l/ r�/ W �`fi /�r7r r 19 h'r rl jl ��l�s� r l fi >I r l v�lv l`II�r; O m 0 0 N N m m H M O co O M O N co in w 0 n m o` a 0 CO 5 Q J W K 0 N O n O m V N N W 49. G /r o 161 Or jMij, 1 i1' 1 1l/ll b t' rllll i ?�!l �'l�; Ill l/l ll j l l� /01 I r j/ r 6 1 /v l �Y nr /r� °I/ r/E l ft if r lrlr l r �r r a� U S%! 7ji lF Ql6 l tl O 01 o co O N co CO O CO N W 0 0 w CO a To" o` a 0 us j 5 J 0 0 N N V H Q K (7 d ��Jl l�il i� I U 2! r z i ii .d lL.g co CD. Ca 07 es 'I r rir lgs /r'; f l lf it fi /7 th lvir'l 0 W U W 0 Q Q K D CO 0 01 69 ti CM S IlI co o CO 49 N CI o CD 0 CO 49 in 49 ri S 4 co c IN -HOUSE TREES TRIMMED: 34 $897.26 67 $1,768.13 `�''``v.. 01��..\ \$266539' $5.330.78 i �l�.� l l V 1 Jr� 'I r r j 1 6 9 11 4:1 er,ili�;. r r P O et 'it' V N n CO N i J W 0 re y AFTER HOURS CALL OUTS: 176 $6,948.04 49 $1,939.91 a `69 e $16'7.1 $11.203.96 R.O.W. WEED ABATEMENT: 0 $0.00 200 z. a 7 $6 6.00 s� Qti. 868.00 TOTALS $45,112.84 $46 ,881.06 \��$38;28'l:`.8Or $130,261.70 C 71 o Zu n CO 0 d D o U' cc N CL 3 a U o re Q N a W o N Z O F Q Q 1 to z co 0 U. a 0 YEAR-TO-DATE 0 240 0 $4 son nn u u u$ 0 0 W 669 1$ 0 I 175,000 W Q CO N W N CO m O 0 CON N M N $15,762.00 1ST HALF TOTALS 0 240 0 $4.590 ao 00 0 0 3 0 $1.422.00 175,000 W V N CO N N CO 0 Q O. 0 N N C, b 00'Z9L'gt$ CONTRACTORS JULY AUGUST \SEPj M.BEk OCTOBER NOVEMBER DECEMBER Asphalt Square Feet 0 0 0 Concrete Square Feet 0 0, ���.2qQ Drainage Channels 0 0�� \Q TOTAL COSTS $0.00 $0.00 4 t*9p 0. Striping Linear Feet 0 Sandblasting Linear Feet 0 TOTAL COSTS $0.00 $0.00 \�$0�00`� J liA II r, 41 111111,11$ I/. m O F K O U Lu C F a lT/ o /i r' j l! u» iF %JI. l ,l /i r f /l' l M O O O Oi N NI 69 O O O O °m N co E 2 V r K J 0 co cc 2 N O F- F F R.O.W. SPRAYING SQ. FT. 175.000 0 i r/ /i Ir /dN f lI I,�iil!ltl ��l /r11�;i �lll l w l w U U 2 Q w Z Q F 0 /i/' emii /fi� t/r :W 0 6 w rr/rr9 plr/ of 1! 11 /fl! !l /1�l'I�l f /1' Iry,lrl r //irli 17 9/! l 11 l r %l l� lIl l Il 1 �1�;, �l�ll�jlli�,, 11 r Il1..I1. C] 'D 1 h 8 N N m O r Q N V C, N w m d Q U o m m n a w E m E m 1 0 m m m v fn 0 0 F N o v U K N I u ui i m 1 /r I -m U l �Y r llihi r ji rl r t� !/Irrfr/ ilrl ,J l llll /rrit 14A u l l��l l' dfllr��llll4 l r r /lf�l i. ,,1;�il�l;al ,ill I ll l 11 l r1 'lll �.I l l ll.l, fl N W In 00 V I-- m V O 0 N m C P r C) O 0 m m W J 3 m a O w C N U 2 v E o O a 2 r� w m Z m 0 ream TOTAL COSTS 4 88,750.00 81,422.00 \4 �$vr90.00 o a. Z c o DEPARTMENT OF PUBLIC WORKS DATE DESCRIPTION TOTAL COST SIZE ACCOUNT STREET /CHANNELBRIDGE OF WORK CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 09/03/09 5402 CITY WIDE R.O.W. CLEAN -UP "CRACK SPRAYING" TOTAL COST 6,876.00 Date: 09/23/09 5402 CITY WIDE R.O.W. CLEAN -UP TOTAL COST 2,370.00 Date: 09/30/09 5402 CITY WIDE TRASH DEBRIS CLEAN -UP; REMOVAL OF DEBRIS FROM V- DITCHES; POST EMERGENT WEED SPRAYING TOTAL COST 7,967.00 Date: TOTAL COST CONTRACTOR: BECKER ENGINEERING Date: 09/28/09 5402 30261 SANTA CECILIA SIDEWALK REPAIR REPLACEMENT TOTAL COST 2,325.00 Date: 09/29/09 5402 46133 VIA TRANQUILO SIDEWALK REPAIR REPLACEMENT TOTAL COST 2,265.00 CONTRACTOR. MONTELEONE EXCAVATING Date: 09/28/09 5401 79 SO. AT LA PAZ RANCHO VISTA AT MEADOWS FRONT STREET PARK `N RIDE REMOVAL REPLACEMENT OF EROSION CONTROL, INCLUDING REMOVAL OF SILT SANTIAGO AT YNEZ (CITY LOT) TOTAL COST 16,150.00 Date: TOTAL COST TOTAL COST ACCOUNT #5401 $16,150.00 TOTAL COST ACCOUNT #5402 $21,803.00 TOTAL COST ACCOUNT #99 -5402 0 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of September, 2009 R: MAINTAIN \MOACTRPI' DATE LOCATION SCOPE OF' WORK S.F. TOTAL TONS 09/02/09 MARGARITA AT SANTIAGO POTHOLE 2 09/02/09 MARGARITA AT PIO PICO R R 250 09/02/09 PUJOL AT SANTIAGO EP REPAIR 80 6 09/03/09 NORTHBOUND YNEZ AT RANCHO VISTA POTHOLE 1 09/03/09 PAUBA AT CALLE CEDRAL R R 319 9 09/14/09 MARGARITA AT AVENIDA SONOMA R R 208 6 09/14/09 RANCHO VISTA (NEXT TO HIGH SCHOOL) EP REPAIR 35 09/15/09 BUTTERFIELD STAGE ROAD AT WOLF R R 400 12 09/16/09 MARGARITA AT PIO PICO R R 132 4 09/16/09 PUJOL STREET AT CITY LIMITS EP REPAIR 20 09/17/09 WINCHESTER (NEXT TO PHS) AT DIAZ AC O/L 105 09/17/09 NICOLAS ROAD POTHOLE 42 09/17/09 MARGARITA AT WINCHESTER POTHOLE 4 09/17/09 MARGARITA AT JEDEDIAH SMITH POTHOLE 4 09/17/09 RAINBOW CANYON POTHOLE 20 09/17/09 JEDEDIAH SMITH AT LUCERO AC 0/L 399 3 09/23/09 RYDER WAY AT ENTERPRISE R R 210 09/23/09 PUJOL (END OF ROAD) E/P 20 6 09/28/09 MARGARITA (IN FRONT OF LOW E'S) AC 0/L 690 09/28/09 2 ND AT FRONT AC 0/L 120 09/28/09 CALLE PINA COLADA AT DEL REY AC O/L 380 09/28/09 END OF PUJOL EP REPAIR 20 6 09/29/09 CALLE PINA COLADA AT DEL REY AC 0/L 505 09/29/09 SPICA COURT AC 0/L 190 4 09/30/09 DEL REY AT CALLE PINA COLADA AC 0/L 340 2,.5 TOTAL S.F. TOTAL TONS OF REPAIRS 4,496 58.5 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF SEPTEMBER, 2009 R:\MAINTAINI WKCMPLTD \ASPHALT.RPR DATE LOCATION WORK COMPLETED 09/01/09 MEADOWVIEW DOWN SPOUTS CLEANED CHECKED 3 DOWN SPOUTS 09/02/09 MEADOWVIEW DOWN SPOUTS CLEANED CHECKED 11 DOWN SPOUTS 09/03/09 31333 TEMECULA PARKWAY CLEANED CHECKED 1 CATCH BASIN 09/03/09 44005 NORTH GATE CLEANED CHECKED 1 CATCH BASIN 09/03/09 MEADOWVIEW (DOWN SPOUTS) CLEANED CHECKED 19 DOWN SPOUTS 09/03/09 AREA #1 (UNDERSIDE WALKS) CLEANED CHECKED 10 UNDERSIDE WALKS 09/08/09 "HOT SPOTS" CLEANED CHECKED 24 CATCH BASINS 09/09/09 AREA #4 (UNDERSIDE WALKS) CLEANED CHECKED 24 UNDERSIDE WALKS 09/10/09 AREA #1 (UNDERSIDE WALKS) CLEANED CHECKED 56 UNDERSIDE WALKS 09/14/09 "HOT SPOTS" CLEANED CHECKED 28 CATCH BASINS 09/15/09 AREA #1 (UNDERSIDE WALKS) CLEANED CHECKED 70 UNDERSIDE WALKS 09/16/09 AREAS #1 #2 (UNDERSIDE WALKS) CLEANED CHECKED 54 UNDERSIDE WALKS 09/21/09 "HOT SPOTS" CLEANED CHECKED 32 CATCH BASINS 09/22/09 AREA #2 (UNDERSIDE WALKS) CLEANED CHECKED 12 UNDERSIDE WALKS 09/23/09 AREA #2 (UNDERSIDE WALKS) CLEANED CHECKED 44 UNDERSIDE WALKS 09/24/09 AREA #2 (UNDERSIDE WALKS) CLEANED CHECKED 53 UNDERSIDE WALKS 09/28/09 "HOT SPOTS" CLEANED CHECKED 15 CATCH BASINS 09/29/09 AREA #2 (UNDERSIDE WALKS) CLEANED &CHECKED 29 UNDERSIDE WALKS 09/30/09 AREA #2 (UNDERSIDE WALKS) CLEANED CHECKED 27 UNDERSIDE WALKS TOTAL CATCH BASINS CLEANED TOTAL UNDERSIDE WALKS CHECKED 154 359 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF SEPTEMBER, 2009 R AMNNTN N\ W KCMPLETD \C ATCHB AS\ 72A,.....: 10 s31CQ7i REMOVED 30 S.F. OF GRAFFITI 09/01/09 PAUBAAT VILLA ALTURAS 09/01/09 WINCHESTER AR RORIPAUGH REMOVED 6 S.F. OF GRAFFITI 09/01/09 PAUBA AT YNEZ REMOVED 8 S.F. OF GRAFFITI 09/02/09 CALLE FUEGO AT CALLE PANTANO REMOVED 8 S.F. OF GRAFFITI 09/02/09 KLARER AT WALCOTT REMOVED 2 S.F. OF GRAFFITI 09/02/09 MEADOWS PARKWAY AT VIA JASSO REMOVED 36 S.F. OF GRAFFITI 09/02/09 MEADOWS PARKWAY AT CORTE ILLORA REMOVED 2 S.F. OF GRAFFITI 09/03/09 RUSTIC GLEN AT KNOLLRIDGE REMOVED 4 S.F. OF GRAFFITI 09/03/09 WINCHESTER AT SPRINGTIME REMOVED 2 S.F. OF GRAFFITI 09/03/09 WINCHESTER AT NICOLAS REMOVED 2 S.F. OF GRAFFITI 09/02/09 RANCHO VISTA AT VIA EL GRECO REMOVED 4 S.F. OF GRAFFITI 09/03/09 BUTTERFIELD STAGE ROAD AT WELTON REMOVED 4 S.F. OF GRAFFITI 09/04/09 WALLABY AT HAWK REMOVED 2 S.F. OF GRAFFITI 09/04/09 WALLABY AT JAGUAR REMOVED 4 S.F. OF GRAFFITI 09/04/09 VIA SALTIO AT REDHAWK PARKWAY REMOVED 2 S.F. OF GRAFFITI 09/08/09 FELIX VALDEZ AT SIXTH COURT REMOVED 38 S.F. OF GRAFFITI 09/08/09 PUJOL AT "CABOOSE" REMOVED 6 S.F. OF GRAFFITI 09/08/09 AVENIDA DE MISSIONS REMOVED 52 S.F. OF GRAFFITI 09/08/09 VIA RIO TEMECULA AT COUNTRY GLEN REMOVED 10 S.F. OF GRAFFITI 09/08/09 CORTE ZARAGOZA AT PASEO GALLANTE REMOVED 2 S.F. OF GRAFFITI 09/08/09 VIA RIO TEMECULA REMOVED 120 S.F. OF GRAFFITI 09/08/09 REDHAWK AT PEPPERCORN REMOVED 6 S.F. OF GRAFFITI 09/08/09 JON WILLIAMS AT DEER HOLLOW REMOVED 10 S.F. OF GRAFFITI 09/08/09 ANZA AT SHARONE REMOVED 1 S.F. OF GRAFFITI 09/08/09 VIA GILBERTO AT PASHAHO REMOVED 12 S.F. OF GRAFFITI 09/08/09 LOMA LINDA AT VIA DEL CORONADO REMOVED 55 S.F. OF GRAFFITI 09/08/09 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF SEPTEMBER, 2009 R:\MAINTAIN\WKCMPLTD \GRAFFITI\ 09/08/09 YNEZ AT SANTA GERTRUDIS CREEK REMOVED 171 S.F. OF GRAFFITI 0 MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 6 S.F. OF GRAFFITI 0' WINCHESTER AT SANTA GERTRUDIS BRIDGE REMOVED 4 S.F. OF GRAFFITI 09/08/09 CALLE KATERINE REMOVED 3 S.F. OF GRAFFITI 09/08/09 OVERLAND BRIDGE AT I -15 FREEWAY REMOVED 150 S.F. OF GRAFFITI 0 BADGER ROAD REMOVED 30 S.F. OF GRAFFITI 0 N/B 1 -15 AT REAR OF THE TOYOTA DEALER REMOVED 30 S.F. OF GRAFFITI 09/11/09 SOLANA AT MARGARITA REMOVED 9 S.F. OF GRAFFITI 0' OVERLAND AT MARGARITA REMOVED 2 S.F. OF GRAFFITI 0 PECHANGA AT MASTERS REMOVED 270 S.F. OF GRAFFITI 09/14/09 LOMA LINDA AT PECHANGA REMOVED 41 S.F. OF GRAFFITI 0 WOLF VALLEY AT PECHANGA REMOVED 96 S.F. OF GRAFFITI 09/14/09 VINE AT PEACH TREE REMOVED 348 S.F. OF GRAFFITI AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 15 S.F. OF GRAFFITI 09/14/09 BUTTERFIELD STAGE ROAD AT CROWNE HILL REMOVED 3 S.F. OF GRAFFITI 09/15/09 CHANNEL BEHIND "U -STORE IT" REMOVED 64 S.F. OF GRAFFITI 0 BUTTERFIELD AT ROYAL CREST REMOVED 12 S.F. OF GRAFFITI 0' LONG VALLEY AT ROANOAKE REMOVED 13 S.F. OF GRAFFITI 0' YNEZ BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 316 S.F. OF GRAFFITI MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 442 S.F. OF GRAFFITI 0 HENRY'S MARKET AT SANTA GERTRUDIS CREEK REMOVED 13 S.F. OF GRAFFITI CROWN BOOKS AT SANTA GERTRUDIS CREEK REMOVED 20 S.F. OF GRAFFITI 09/15/09 PECHANGA AT MURFIELD REMOVED 1 S.F. OF GRAFFITI 09/15/09 VAIL RANCH AT CINON REMOVED 1 S.F. OF GRAFFITI WOLF CREEK AT SIERRA COURT REMOVED 35 S.F. OF GRAFFITI 09/17/09 MARGARITA AT OVERLAND REMOVED 4 S.F. OF GRAFFITI TEMECULA PARKWAY AT MARGARITA ROAD REMOVED 115 S.F. OF GRAFFITI 0' TARGET SHOPPING CENTER REMOVED 825 S.F. OF GRAFFITI 09/21/09 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 638 S.F. OF GRAFFITI 0' 1 -15 AT TEMECULA RIVER REMOVED 20 S.F. OF GRAFFITI 09/21/09 S/B 1 -15 AT OVERLAND REMOVED 2 S.F. OF GRAFFITI R:\MAINTAIN\WKCMPLTD \GRAFFITI\ R:\MAINTAIN\ W KCMPLTD \GRAFFITI\ �+ar.._.. ;v ozlorza 09/22/09 CAMINO SAN DIMAS AT VIA LA COLORADA REMOVED 6 S.F. OF GRAFFITI 09/22/09 VIA PERALES AT VIA LA COLORADA REMOVED 6 S.F. OF GRAFFITI 09/22/09 DEER HOLLOW AT VIA PERALES REMOVED 1 S.F. OF GRAFFITI 09/22/09 PECHANGA AT VIA CONSUELO REMOVED 2 S.F. OF GRAFFITI 09/22/09 HARVESTON AT MENDOCINO LANE REMOVED 1 S.F. OF GRAFFITI 09/22/09 HARVESTON AT SHERBOURNE PLACE REMOVED 7 S.F. OF GRAFFITI 09/22/09 YNEZ AT WAVERLY REMOVED 1 S.F. OF GRAFFITI 09/23/09 TEMECULA PARKWAY AT WABASH REMOVED 2 S.F. OF GRAFFITI 09/23/09 DE PORTOLA AT VIA ANGELES REMOVED 2 S.F. OF GRAFFITI 09/23/09 27715 JEFFERSON ROAD REMOVED 2 S.F. OF GRAFFITI 09/23/09 DEL RIO BRIDGE REMOVED 14 S.F. OF GRAFFITI 09/25/09 NO. GENERAL KEARNY AT NICOLAS REMOVED 8 S.F. OF GRAFFITI 09/25/09 RAINBOW CANYON (NEXT TO GOLF COURSE) REMOVED 220 S.F. OF GRAFFITI 09/28/09 28999 OLD TOWN FRONT REMOVED 28 S.F. OF GRAFFITI 09/28/09 PARK 'N RIDE ON OLD TOWN FRONT STREET REMOVED 9 S.F. OF GRAFFITI 09/28/09 PEACH TREE AT PRIMROSE REMOVED 2 S.F. OF GRAFFITI 09/28/09 VIA PERALES BETWEEN DEER HOLLOW AND VIA COLORADA REMOVED 23 S.F. OF GRAFFITI 09/28/09 WOLF CREEK AT PECHANGA REMOVED 1 S.F. OF GRAFFITI 09/28/09 ROCKY BAR DRIVE AT MINER TRAIL REMOVED 3 S.F. OF GRAFFITI 09/28/09 BUTTERFIELD STAGE ROAD AT TEMECULA CREEK REMOVED 580 S.F. OF GRAFFITI 09/28/09 MEADOWS PARKWAY AT RANCHO CALIFORNIA ROAD REMOVED 2 S.F. OF GRAFFITI 09/28/09 RANCHO CALIFORNIA ROAD AT VINTAGE HILLS REMOVED 69 S.F. OF GRAFFITI 09/28/09 27702 JEFFERSON REMOVED 4 S.F. OF GRAFFITI 09/29/09 PASEO GALLANTE AT CORTE ZARAGOZA REMOVED 22 S.F. OF GRAFFITI 09/30/09 MAIN STREET BRIDGE REMOVED 28 S.F. OF GRAFFITI 09/30/09 RORIPAUGH AT ROSEBAY COURT REMOVED 1 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 5.339 8 R:\MAINTAIN\ W KCMPLTD \GRAFFITI\ 0000000000000000 0000000000 0000000000000000 coo oocso 000 00000000000000000000000000 rOF r I-LfMr -O N. la Mr MNIOMr Of. LOMr 111< CITO MM C'CCNNNNN M M M r T M r 0 H H H 1 L 1„' L N CI Z .0 0 E ti W -c en O 0 A L• M la 00 N O .-1 ON O M al O el en er O. M b. M H .y 7 N O 00. 0 In N la 0 0 Cmc ca r L Q 0 r. 7' CO 7 G C 0 Ct F w 5 d ti ti d 0 Z A CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT -OF -WAY TREE TRIMMING MONTH OF SEPTEMBER, 2009 R:'MA1NTAIN\WRKCOMPLTD \TREES DATE z Y^ LOt&TION: WORK COMPLETED 08/28/09 VIA NORTE AT CALLE TIARA TRIMMED 1 R.O.W. TREES 08/28/09 31270 VIA NORTE TRIMMED 3 R.O.W. TREES 08/28/09 29955 VIA NORTE TRIMMED 1 R.O.W. TREES 08/28/09 VIA NORTE AT DEL REY TRIMMED 3 R.O.W. TREES 08/28/09 VIA LA VIDA TRIMMED 4 R.O.W. TREES 08/28/09 VIA NORTE AT AVENIDA DEL REPOSO TRIMMED 1 R.O.W. TREES 08/28/09. VIA NORTE AT FELICIA ROAD TRIMMED 1 R.O.W. TREES 09/01/09 RAINBOW CREEK AT CITY LIMITS TRIMMED 1 R.O.W. TREES 09/01/09 30486 DEER MEADOWS TRIMMED 1 R.O.W. TREES 09/01/09 KLARER AT WALCOTT TRIMMED 1 R.O.W. TREES 09/01/09 SANTIAGO AT OLD TOWN FRONT STREET TRIMMED 3 R.O.W. TREES 09/02/09 CALLE FUEGO AT CALLE PANTANO TRIMMED 1 R.O.W. TREES 09/02/09 NANTUCKET AT CAMBRIDGE PLACE TRIMMED 1 R.O.W. TREES 09/03/09 WINCHESTER CREEK AT WINCHESTER TRIMMED 1 R.O.W. TREES 09/09/09 CROWNE HILL AT MANCHESTER TRIMMED 1 R.O.W. TREES 09/09/09 HUMBER TRIMMED 1 R.O.W. TREES 09/09/09 BRANFORD AT SO. GENERAL KEARNY TRIMMED 1 R.O.W. TREES 09/09/09 NIBLICK AT WEDGE TRIMMED 1 R.O.W. TREES 09/10/09 LA SERENA AT CALLE MEDUSA TRIMMED 1 R.O.W. TREES 09/10/09 LA SERENA AT CALLE. PINA COLADA TRIMMED 2 R.O.W. TREES 09/10/09 MARGARITA AT WINCHESTER TRIMMED 1 R.O.W. TREES 09/10/09 YNEZ AT WINCHESTER TRIMMED 1 R.O.W. TREES 09/10/09 YNEZ AT SANTIAGO TRIMMED 1 R.O.W. TREES 09/10/09 PAUBA AT LA PRIMAVERA TRIMMED 8 R.O.W. TREES 09/11/09 YNEZ BETWEEN PAUBA RANCHO VISTA TRIMMED 8 R.O.W. TREES 09/16/09 MODENA AT CORBIE STREET TRIMMED 1 R.O.W. TREES 09/16/09 RITA WAY AT SOUTHGATE WAY TRIMMED 1 R.O.W. TREES 09/16/09 MARGARITA AT WINCHESTER TRIMMED 2 R.O.W. TREES 09/16/09 MARGARITA AT AVENIDA BARCA TRIMMED R.O.W. TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT -OF -WAY TREE TRIMMING MONTH OF SEPTEMBER, 2009 R:'MA1NTAIN\WRKCOMPLTD \TREES DATE LOCATION WORK COMPLETED 09/16/09 MARGARITA BETWEEN PIO PICO AND DE PORTOLA TRIMMED 7 R.O.W. TREES 09/17/09 MARGARITA AT PIO PICO TRIMMED 4 R.O.W. TREES 09/17/09 TULLY RANCH ROAD TRIMMED 1 R.O.W. TREES. 09/17/09 VAIL RANCH AT SUNBEAM TRIMMED 1 R.O.W. TREES 09/17/09 TERZICH DRIVE AT VAIL RANCH TRIMMED 1 R.O.W. TREES 09/17/09 RANCHO CALIFORNIA ROAD AT LYNDIE LANE TRIMMED 1 R.O.W. TREES 09/17/09 DEL REY AT AVENIDA DEL REPOSO TRIMMED 1 R.O.W. TREES 09/23/09 COSMIC AT SANTA CECILIA TRIMMED 1 R.O.W. TREES 09/23/09 27599 COMMERCE CENTER TRIMMED 1 R.O.W. TREES 09/24/09 OLD TOWN FRONT STREET AT THIRD TRIMMED 1 R.O.W. TREES 09/25/09 33058 TERRACE TRIMMED 1 R.O.W. TREES 09/25/09 VIA SAN CARLOS TRIMMED 7 R.O.W. TREES 09/25/09 VIA CORDOVA AT CORTE CAROLINA TRIMMED 1 R.O.W. TREES 09/25/09 44895 MACHON TRIMMED 1 R.O.W. TREES 09/25/09 BUCKEYE AT PREECE LANE TRIMMED 1 R.O.W. TREES 09/25/09 28304 TIERRA VISTA TRIMMED 1 R.O.W. TREES 09/25/09 28248 TIERRA VISTA TRIMMED 1 R.O.W. TREES 09/25/09 CALLE RIVA AT TIERRA VISTA TRIMMED 2 R.O.W. TREES 09/25/09 CALLE RIVA AT CALLE RIVERA TRIMMED 1 R.O.W. TREES 09/25/09 CORTE MALBINO TRIMMED 2 R.O.W. TREES 09/25/09 42245 COSMIC TRIMMED 1 R.O.W. TREES 09/25/09 30291 NEBULA LANE TRIMMED 1 R.O.W. TREES 09/25/09 30275 NEBULA LANE TRIMMED 1 R.O.W. TREES 09/25/09 30260 NEBULA LANE TRIMMED 1 R.O.W. TREES 09/25/09 AGENA STREET TRIMMED 1 R.O.W. TREES 09/25/09 SKY TERRACE TRIMMED 1 R.O.W. TREES 09/25/09 PREECE AT VIA FANITA TRIMMED 3 R.O.W. TREES 09/25/09 SANTIAGO AT QUIET CANYON TRIMMED 1 R.O.W. TREES TRIMMED R.O.W. TREES TRIMMED R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 101 R: \MAINTAIN\ W RKCOMPLTD \TREES DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 08/17/09 VIA GILBERTO GRAFFITI 08/18/09 08/28/09 39626 RUSTIC GLEN CONCRETE REPAIR 08/28/09 08/31/09 VILLA ALTURAS AT CALLE HALCON GRAFFITI 09/01/09 08/31/09 MORAGA BTWN. MARGARITA RANCHO CALIFORNIA ROAD DEBRIS 09/01/09 09/01/09 MEADOWS BETWEEN LEENA ATA VIA JASSO GRAFFITI 09/01/09 09/01/09 CORTE ILLORA GRAFFITI 09/02/09 09/01/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS 09/02/09 09/01/09 30486 DEER MEADOW DRIVE TREE 09/01/09 09/01/09 CORTE FRESCA BEES 09/01/09 09/01/09 30540 MILKY WAY DRIVE TREE 09/02/09 09/01/09 39786 NANTUCKET SIGN REPAIR 09/02/09 09/02/09 CORTE ALMERIA AT CORTE ALBANO SIGN REPAIR 09/02/09 09/02/09 44005 NORTHGATE CATCH BASIN 09/03/09 09/02/09 31333 TEMECULA PARKWAY CATCH BASIN 09/03/09 09/03/09 44596 CAMINO GONZALES TREE 09/08/09 09/03/09 32316 CORTE CORONADO TREE 09/08/09 09/04/09 PEPPERCORN AT CORTE BARELA DEBRIS 09/04/09 09/04/09 42103 HUMBER DRIVE TREE 09/09/09 09/04/09 CORTE ZARAGOSA AT PASEO GALLANTE GRAFFITI 09/04/09 09/06/09 VIA RIO TEMECULA AT ASHBURY PLACE GRAFFITI 09/06/09 09/06/09 VIA RIO TEMECULA AT VIA LUCIDO GRAFFITI 09/06/09 09/07/09 VIA RIO TEMECULA AT GATE ENTRANCE GRAFFITI 09/07/09 09/07/09 VIA RIO TEMECULA AT COUNTRY GLEN WAY GRAFFITI 09/07/09 09/07/09 VIA RIO TEMECULA AT COUNTRY GLEN WAY GRAFFITI 09/07/09 09/08/09 BADGER WAY AT SEAGULL WAY GRAFFITI 09/08/09 09/08/09 1-15 FREEWAY AT OVERLAND BRIDGE GRAFFITI 09/08/09 09/08/09 43216 VIA DOS PICOS TREE 09/09/09 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF SEPTEMBER, 2009 R: \MAINTAIN\ W RKCOMPLTD \SORS1 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED '09/08/09 CALLE KATERINE GRAFFITI 09/08/09 09/08/09 LOMA LINDA AT VIA DEL CORONADO GRAFFITI 09/08/09 09/08/09 DEER HOLLOW AT JOHN WILLIAM WAY GRAFFITI 09/08/09 09/08/09 PEPPERCORN AT REDHAWK PARKWAY GRAFFITI 09/08/09 09/08/09 S/B 1 -15 FREEWAY AT WINCHESTER LANDSCAPE 09/08/09 09/08/09 REDHAWK PARKWAY AT NIGHTHAWK SIGN REPAIR 09/08/09 09/08/09 RANCHO CALIFORNIA ROAD AT LYNDIE LANE DEBRIS 09/08/09 09/08/09 PASEO BRILLANTE AT MARGARITA DEBRIS 09/08/09 09/08/09 MARGARITA AT SOLANA DEBRIS 09/08/09'. 09/09/09 41694 AVENIDA DE LA REINA TREES 09/09/09 09/11/09 32009 PASEO PARALLON DEBRIS 09/11/09 09/11/09 30218 SANTIAGO ROAD DEBRIS 09/11/09 09/11/09 CALLE PINA COLADA AT NO. GENERAL KEARNY SIGN REPAIR 09/11/09 09/14/09 THIRD AT OLD TOWN FRONT GRAFFITI 09/14/09 09/14/09 46157 VIA LA TRANQUILA V -DITCH REPAIR 09/15/09 09/14/09 30589 TEMECULA PARKWAY GRAFFITI 09/14/09 09/14/09 LOMA LINDA AT CORTE SEVRINA SIGN REPAIR 09/14/09 09/14/09 PEACH TREE AT VINE GRAFFITI 09/14/09 09/15/09 46133 VIA LA TRANQUILA SIDEWALK REPAIR 09/15/09 09/15/09 4187 ENTERPRISE CIRCLE NORTH CHANNEL ISSUE 0915/09 09/15/09 MARGARITA AT AVENIDA LIMA DEL SOL CATCH BASIN REPAIR 09/15/09 09/15/09 MORAGA BTWN. RANCHO CALIFORNIA RD AND MARGARITA DEBRIS 09/15/09 09/15/09 MARGARITA AT MORAGA SIGN REPAIR 09/15/09 09/15/09 31384 CHEMIN CHEVALIER FLOW LINE REPAIR 09/16/09 09/15/09 44492 SAMLIN CIRCLE TREE 09/17/09 09/15/09 31759 CORTE ENCINAS SIDEWALK REPAIR 09/16/09 09/16/09 MARGARITA AT NO. GENERAL KEARNY GRAFFITI 09/16/09 09/16/09 32201 CORTE FLORECITA TREE /SIDEWALK 09/17/09 09/16/09 WOLF CREEK AT LUSENO SCHOOL GRAFFITI 09/16/09 09/17/09 41846 HUMBER DRIVE TREE 09/17/09 09/18/09 33287 AVENIDA BICICLETA TREE 09/29/09 09/18/09 OLD TOWN FRONT AT MAIN REMOVE MAGAZINE RACK 09/18/09 R: \MAINTAIN\ W RKCOMPLTD\SORS\ DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 09/18/09 VIA EDUARDO TREE 09/21/09 09/21/09 42316 CORTE VILLOSA SIDEWALK REPAIR 09/21/09 09/21/09 MIRA LOMA AT SANTA CECILIA DEBRIS IN ROAD 09/23/09 09/21/09 29210 STONEWOOD CATCH BASIN 09/21/09 09/21/09 STONEWOOD AT MARGARITA DEBRIS 09/21/09 09/21/09 DE PORTOLA AT BUTTERFIELD STAGE ROAD GUARD RAIL REPAIR 09/21/09 09/21/09 32358 OVERLAND TRAIL TREE 09/21/09 09/22/09 RAINBOW CANYON GRAFFITI 09/25/09 09/23/09 MARGARITA AT VIA LAS COLINAS DEBRIS 09/23/09 09/23/09 27599 COMMERCE CENTER DRIVE TREE 09/23/09 09/23/09 MARGARITA AT MORAGA DEBRIS 09/23/09 09/23/09 39860 NO. GENERAL KEARNY TREE 09/24/09 09/24/09 CALLE RIVAS AT CAMINO RABAGO DEBRIS 09/24/09 09/25/09 NO. GENERAL KEARNY AT NICOLAS GRAFFITI 09/25/09 09/25/09 VIA PERALES AT DEER HOLLOW GRAFFITI 09/25/09 09/25/09 33024 POPPY STREET CATCH BASIN 09/29/09 09/28/09 30170 SANTA CECILIA DEBRIS 09/28/09 09/28/09 PASEO GALLANTE GRAFFITI 09/29/09 09/29/09 PAUBA AT LINFIELD SCHOOL DEBRIS 09/29/09 09/29/09 33287 AVENIDA BICICLETA TREE 09/29/09 09/29/09 CLASSIC WAY AT GLEN EAGLES SIGN REPAIR 09/30/09 09/30/09 32590 ANGELO DRIVE SIGN REPAIR 09/30/09 TOTAL SERVICE ORDER REQUESTS 81 R: \MAINTAIN\ W RHCOMPLTD \SORS\ DATE LOCATION i WORK COMPLETED 08/28/09 VIA NORTE AT CALLE TIARA REPAIR R1 -1 08/28/09 31270 VIA NORTE REPAIR C- PACKAGE 08/28/09 2995 VIA NORTE REPAIR W2 -2 08/28/09 VIA NORTE AT DEL REY REPAIR R2 -35 08/28/09 VIA NORTE AT AVENIDA DEL REPOSO REPAIR W14 -2 08/28/09 OLD TOWN FRONT STREET AT TEMECULA PARKWAY REPLACED 1 DELINEATOR 09/01/09 S/B WINCHESTER AT RORIPAUGH REPAIR R2 -26 09/01/09 RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS REPAIR W -75 09/02/09 DEL REY AT VIA NORTE REPAIR R1 -1 09/02/09 JEFFERSON AT WINCHESTER REPAIR R4 -7 09/02/09 OLD TOWN FRONT STREET AT MORENO NEW INSTALL 1 R26 09/02/09 WOLF VALLEY AT WOLF CREEK REPLACED SNS 09/02/09 NIGHTINGALE AT WOLF VALLEY REPLACED SNS 09/02/09 WALLABY AT WOLF VALLEY REPLACED SNS 09/02/09 NANTUCKET AT BRIDGEHAMPTON REPAIR SNS 0902/09 ROYAL BIRKDALE AT MEADOWS PARKWAY REPLACED R4 -7 TYPE K 09/02/09 AVENIDA DE SAN PASQUAL AT GRANVILLE REPLACED SNS 09/03/09 VAIL RANCH AT CUTCHOGUE DRIVE REPLACED R26 R81 09/03/09 PIO PICO AT MARGARITA REPLACED 1 DELINEATOR 09/03/09 RORIPAUGH AT SIENNA COURT REPAIR R2 -25 09/04/09 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED 1 DELINEATOR 09/08/09 REDHAWK PARKWAY AT NIGHTHAWK REPLACED R26 09/08/09 REDHAWK PARKWAY AT CALLE MOS MOCHIS REPLACED R1 -1 09/09/09 CROWNE HILL AT MANCHESTER REPAIR R1 -1 09/10/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE REPLACED R -81 09/10/09 SUNNY MEADOWS AT CORBIE REPLACED 51 -1 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF SEPTEMBER, 2009 R:\MAINTAIMWKCMPLTD \SIGNS\ DATE LOCATION WORK COMPLETED 09/10/09 YNEZ AT TOWN CENTER REPAIR R26 81 09/10/09 YNEZ AT SANTIAGO REPAIR R26 81 09/10/09 YNEZ AT WINCHESTER REPAIR R26 81 09/10/09 MARGARITA AT WINCHESTER REPAIR W11 -2 09/10/09 LA SERENA AT CALLE PINA COLADA REPAIR R-26/81 09/10/09 LA SERENA AT CALLE MEDUSA REPAIR R26 81 09/11/09 NICOLAS ON NO. GENERAL KEARNY REPLACED R -26 09/11/09 CALLE PINA COLADA AT NO. GENERAL KEARNY REPAIR W1 -6 09/11/09 42132 REMINGTON REPAIR R26 -A 09/14/09 CORTE SEVRINA AT LOMA LINDA REPAIR SNS 09/14/09 NICOLAS AT CALLE GIRASOL REPAIR R2 -30 09/15/09 MARGARITA AT MORAGA REPLACE R4 -7 09/15/09 PECHANGA AT MURFIELD REPAIR R4 -7 09/15/09 VAIL RANCH PARKWAY AT CINON REPAIR R4 -7 09/15/09 CAMINO PIEDRA ROJO AT CALLE LANGARCIA REPLACED S1 -1 09/15/09 VAIL RANCH AT NIGHTHAWK REPLACED S1 -1 09/15/09 VAIL RANCH AT CAMINO RUBANO REPLACED S1 -1 09/16/09 WOLF VALLEY AT PECHANGA REPAIR R4 -7 09/16/09 SUNNY MEADOWS AT CAPRI WAY REPLACED S1 -1 09/16/09 MODENA AT CORBIE STREET REPLACED S1 -1 S4 -3 09/16/09 PAUBA AT MEADOWS REPLACED S1 -1 09/16/09 PAUBA AT MEADOWS REPLACED S4 -3 09/16/09 FORE WAY AT MASHIE WAY REPLACED R1 -1 09/17/09 SOLANA WAY REPAIR 9 R26 09/17/09 SOLANA WAY AT MARGARITA REPAIR R18 -2, R6 -1, R2 -45 09/22/09 PAUBA AT MARGARITA REPAIR R -26 09/24/09 JEFFERSON AT WINCHESTER REPLACE R4 -7 09/24/09 TEMECULA PARKWAY AT WABASH REPAIR CITY LIMIT SIGN 09/24/09 ROICK AT WINCHESTER ROAD REPLACED 2 R-26 09/24/09 WINCHESTER AT REMINGTON REPLACED R1 -1 09/24/09 28670 OLD TOWN FRONT STREET REPLACED BALLARD 09/24/09 TEMECULA PARKWAY AT WOLF CREEK REPLACED R4 -7 09/24/09 WOLF VALLEY AT WOLF CREEK DRIVE REPAIR R4 -7 09/24/09 REDHAWK AT REDHAWK REPAIR R4 -7 R:\MAINTAIMWKCMPLTD\SIGNS\ R SMAI NTAI M W KCMPLTD\SIGNS\ DATE LOCATION WORK COMPLETED 09/24/09 OLD TOWN FRONT STREET AT FIRST REPLACED R5 -2 09/24/09 OLD TOWN FRONT STREET AT THIRD REPAIRED R1 -1 09/28/09 OLD TOWN FRONT STREET PARK -N- RIDE REPAIRED 2 R26 09/29/09 28911 OLD TOWN FRONT STREET REPAIRED R2 -45 09/30/09 ANGELO DRIVE AT CAMPO DRIVE REPAIRED SNS 09/30/09 RANCHO CALIFORNIA ROAD AT OLD TOWN FRONT REPLACED R2 -35 09/30/09 CLASSIC WAY AT GLENEAGLES REPAIRED SNS TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 38- 1 53 R SMAI NTAI M W KCMPLTD\SIGNS\ DATE LOCATION WORK COMPLETED 09/01/09 CITY WIDE REPAINTED 19 LEGENDS 09/02/09 N/B MARGARITA AT PIO PICO NEW 2 45 THERMAL 09/02/09 HONORS AT DRIVER NEW 1 STOP LEGEND 09/02/09 BUNKER AT DRIVER NEW 1 STOP LEGEND 09/08/09 TEMEKU HILLS TRACT NEW 7 STOP LEGENDS 09/09/09 TEMEKU HILLS TRACT NEW 2 STOP LEGENDS 09/09/09 BUTTERFIELD STAGE ROAD AT TEMECULA RE -THERM 2 ARROWS 09/09/09 BUTTERFIELD STAGE ROAD AT DE PORTOLA RE -THERM 1 ARROW 09/09/09 MARGARITA AT TEMECULA RE -THERM 2 ARROWS 09/10/09 BUTTERFIELD STAGE AREA REPAINTED 59 LEGENDS 09/14/09 CITY WIDE REPAINTED 51 LEGENDS 09/16/09 CITY WIDE REPAINTED 40 LEGENDS 09/17/09 CITY WIDE REPAINTED 54 LEGENDS 09/22/09 DE PORTOLA BETWEEN MARGARITA SUNNY MEADOWS REPAINTED 47 LEGENDS 09/22/09 MEADOWS AT LA SERENA REPAINTED 2 BULL NOSE 09/23/09 RANCHO VISTA BETWEEN MIRA LOMA AND MIRA LOMA REPAINTED 7 LEGENDS 09/23/09 DE PORTOLA BETWEEN SUNNY MEADOWS VIA ANGELES REPAINTED 38 LEGENDS 09/24/09 DE PORTOLA BETWEEN BUTTERFIELD AND MARGARITA REPAINTED 57 LEGENDS 09/24/09 CAMPANULA BETWEEN MEADOWS AND DE PORTOLA NEW 4 ARROWS 8/09 CAMPANULA BETWEEN DE PORTOLA AND MEADOWS PKWY REPAINTED 30 LEGENDS 09/29/09 MEADOWS BETWEEN TEMECULA PKWY RANCHO VISTA REPAINTED 44 LEGENDS 09/30/09 MEADOWS BETWEEN TEMECULA PKWY RANCHO VISTA REPAINTED 33 LEGENDS NEW INSTALLS REPAINTED THERMAL BULL NOSE 4 399 22 2 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS STRIPING MONTH OF SEPTEMBER, 2009 R1MAINTAIN\ WRKCOMPLTD \STRIPING PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PROJECTS UNDER CONSTRUCTION PW03 01 I Roripaugh Ranch Fire Station Contractor: Tovey Shultz Construction, Inc. Contract Amount: $3,298 Approved Change Orders: $212,768.24 Account No. 210 -165 -741 David McBride 97% (9110) 93% 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 March of 2010. 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. PW06 03 I City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) Rough Grading Contractor: Skanska Final Contract Cost $5,948,799.71 David McBride Complete 100% 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. PW06 07 (1C 1 E I Old Town Infrastructure Project -Town Square and Mercedes Main Street Contractor: LH Engineering Contract Amt: $3,458,495.00 Approved Change Order(s) 265,133 Account Nos.: 210- 165 -636 210 -165 -643 David McBride 9910 (12/09) 99% o 97 /o This project involves construction of the Town Square and street improvements on Mercedes Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work near completion in the Town Square and the Fountain is fully functional. Various specialty items and added work may extend the completion date through December 2009. PW99 -11 (Ph II} I Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits Pechanga Rd. Contractor: All American As Contract Amount: $8,131,964.98 Account No. 210- 165 668 -58XX Mayra De La TorAmer Attar Attar 0 99% 95 "�0 This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has essentially completed the improvements including the "dual right turn lanes" work. The remaining work includes extra work and punch list items. The project is substantially complete, as of August 2009. p y p g PW06 07 (1D) I Old Town Infrastructure Projects Parking Structure Office /Retail Frontage Contractor: PCL Construction Contract Amount: $15,797,010.00 Approved Change Orders: ($191,347) Account No. 210 165 -644 David McBride/ Bill McAteer 77 (1122110) 75 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 as well as construciton of the exterior facade. PW05 13 I Ronald Reagan Sports Park Channel Silt Removal Desiltation Pond Contractor: Sean Malek Engineering Contract Amount: $315,510 Account No. 210- 190 187 -58XX William Becerral Avlin Odviar 0% 0% 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. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 1 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW06 -07 Ph2 I Old Town Civic Center Contractor: Edge Development Contract Amount: $31,555 Approved Change Orders: $88,093 Account No. 210 165 751 -58XX Bill McAteer/ David McBride 36% (9123110) 30 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 structural steel erection, metal decks, steel stud framing, and mechnical, eletrical and plumbing installation. PW06 -05 III Temecula Community Center Expansion Contractor: Erickson Hall Construction Company Contract Amount: $1,184,000 Account No. 210 190 197 William Becerra/ David McBride 100% 88% Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior punchlist is pending. The Escallier house and barn have been fumigated for termites. Dry rot termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1 month. PW06 -10 I De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) Contractor: Hardy Harper, Inc. Contract Amount: $1,161,000 Approved Change Orders (1 3): $34,877.01 No. 210 X Jon Salazar! Amer Attar 124% 83% 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. A dispute arose between the City and contractor over the accuracy of the contract plans, resulting in suspension of work. Dispute was resolved effective 8/27/09; work resumed on the project 9/1/09. Cap paving work was completed on 9/11/09; AC berm installation and striping work was completed the week of 9/14/09. With the exception P 9 tion of the installation of P P the cap paving course on the north side (westbound lane), which has been left off in coordination with a Rancho California Water District project, all contract work is complete. Cap paving of the north side roadway scheduled for10/23/09. PW06 -14 I Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) STPL Project Contractor: All American Asp Contract Amt: $3,666,004.25 Account No. 210 165 657 Kendra Hannah Meistrell! Avlin Odviar 7D %(12109) 9% 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 the end of December 2009. The contractor is working between Margarita Road and Meadows Parkway. Work in this area is expected to be completed by the end of November. PW07 09 I Traffic Signal Installation Citywide, Butterfield Stage Rd at Welton Way /Channel St Contractor: Christopher R. Morales, Inc. Contract Amount: $323,893.00 Account No. 210 -165- 669 -58XX Kendra Hannah- Meistrell f Avlin Odviar 100% (9109) 50% This project installed a new traffic signal on Butterfield Stage Road at Welton Way Channel Street. The signal has been turned on and work is complete. PW07 10 I Traffic Signal Installation Citywide, Meadows Pkwy at McCabe Dr Contractor: Christopher R Morales, Inc. Contract Amount: $323,983.00 Account No. 210 -165- 672 -58XX Kendra Hannah- Meistrell 1 Avlin Odviar 100% (9109) 50% This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The signal has been turned on and work is complete. PW 09 -01 I Citywide Slurry Seal Project FY08 09 Contractor: Pavement Coating Company Contract Amount: $323,817.17 Account No. 001 164 601 -54XX Chris White f Mayra De La Torre 100% (8109) 100% This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This project is complete, in order for the City to issue the Notice of Completion the Contractor must submit the Maintenance Bond. PW09 03 I Citywide Concrete Repairs FY 2008 09 Contractor: B T Works, Inc. Contract amount of $113,915.55 Account No. 001 -164- 601 -54xx Chris WhitefMayra De La Torre 100% (9109) 90% This project will replace concrete at various locations in the City. The project is complete. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 2 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW04 -05 I Traffic Signal Interconnect Equipment Installation Contractor: High -Light Electric, Inc. Contract Amount: $211,878.00 Account No. 210 165 712 58xx Chris whitetMayra De La Torre 0% 0% This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Contract was awarded at the August 25, 2009, City Council meeting. We are waiting for the Contractor to submit bonds to schedule a pre- construction meeting. PROJECTS BEING ADVERTISED FOR BIDS PW06-06 1 Redhawk Park Improvements Consultant: RJM Design Group, Inc. Contract Amount: $164,574 Account No. 210 190 144 -58XX Kendra Hannah Meistrell! Avlin Odviar This project will add amenities, which include ADA accessible parking, a restroom and permanent dog park at Redhawk Community Park. Additive items include a half court basketball court at Redhawk Park and a seatwall 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 bid opening date is 10/13/09. PROJECTS BEING DESIGNED BY CONSULTANTS PW07 08 I Re- Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 15 Consultant: JMD Amount: $29,210.00 Account No. 210 -165- 676 -58XX Kendra Hannah Meistrell Avlin Odviar 60% (07109) 50% 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. PW99- 11 EM 1 Pechanga Parkway Storm Drain Improvements Environmental Mitigation Consultants: Community Works Design Contract Amount: $29,840 Account No. 210 165 668 -58XX Mayra De La Torre 98° 98% This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements -Stage I. The wetlands will be created through construction of new landscape/irrigation systems. The site is located along the north bank of Temecula Creek (within flood plain /way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. Offers for purchase of the properties were made and City Council adopted a Resolution of Necessity to acquire the property on 11/25/08. The proposed improvements can't be implemented until the City obtain possession of the properties. Currently, the City is communicating with various regulatory agencies concerning an alternative mitigation strategy suggested by the State Dept of Fish Game. PW00 -26 1 Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd Consultant: Project Design Consultants Contract Amount: $466,940 Account No. 210 -165- 602 -58XX Chris White1 Mayra De La Torre 90% 90 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 95% plans were returned to the consultant on September 29, 2009. 100% completion p plans are p p p due on October 22, 2009. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 3 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW03 -05 I Main Street Bridge Over Murrieta Creek (Replacement) Consultant: Simon Wong Engineering Contract amount: $317,719 Amendment No 1: Contract term extension Amendment No 2: Contract term extension Amendment No. 3: $322,305 Amendment No. 4: $24,063 (RCWD waterline) Account No. 210 165 743 58XX Jon Salazar! Amer Attar 97% (8/09) 93% (Phases i II) 97% (Phase 3) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. 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 resubmitted to design consultant 8/31/09. An inter- agency meeting was held on 9/16/09 to determine mitigation requirements for this project. The outcome of this meeting was that the City will be required to mitigate for temporary vegetation loss incurred during construction; all other mitigation will be included in the USACOE overall Murrieta Creek flood control project. The environmental submittal /review process will now move forward accordingly. PW05 -11 I Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek Consultant: Nolte Associates Contract Amount: $132,807 Account No. 210 165 738 58XX Jon Salazar/ Amer Attar 99% (9 /09) 78% This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on 5 /13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09. P Comments on environmental technical reports received from Caltrans in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans is anticipated in October '09. PW06 -04 I Western Bypass Bridge Over Murrieta Creek Consultant: TYLIN International Contract $378,776.20 Amendment ment 2 Amt: $244,824 Account No. 210 165 660 58XX William Becerra/ Avlin Odviar 70% 70% This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. PW06 -09 I Temecula Park and Ride (79 South) Design Development AAE, Inc. Contract amout $109,085 Amendment #1 $20,500 Account No. 210 165 747 -58XX Bill McAteert David McBride 75% 75% This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP for this project is being reviewed and may change the configuration of the detention basins. This project is currently on hold. PW06 -11 I Pechanga Pkwy Dual Right Turn Lanes from Temecula Parkway (SR 79S) Consultant: Cozad Fox Contract Amount: $29,010 Account No. 210 -165- 637 -58XX Mayra De La Torre 100% 0% This project included the design and construction of 2 right -turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed this work, as a change order to their contract. PW06 -12 I Santiago Detention Basin Consultant: Kimsey Horn Contract Amount: $65,250 Account No. 210 165 666 58XX Mayra De La Torre 95 95% This project included the design and construction of a 1 -acre detention basin, which is located on the south side of Santiago Rd between Vallejo Ave Orsmby Rd. The environmental reports have been updated and the plans are complete /signed. This project has been de- funded in the new CIP budget and will be shelved. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 4 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW06 -15 I Winchester Road State Route 79 North North Corridor Beautification Consultant: RBF Agreement Amount: 179,916 Approved EWA's: 6,000 Account No. 210 165 -638 Chris White! Amer Attar 99% 99% 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 was submitted to Caltrans for construction authorization. Construction authorization was just received by the City. We are doing final final plans and specifications review to make sure they are ready for bidding. We are requesting authorization for bidding the project from the City Council at the 10/27/09 meeting. PW07 04 I French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements Phase 1 (PS &E) Consultant: Moffatt Nichol Amend. No. 1: 507,881.00 Amend. No. 4: 632,058.00 Amend. No. 8: $1,087,300.00 Notes: Amend. Nos. 1, 4, 8 amend original agreement under PW02 11. Amendment amounts represent portion appropriated for PW07 -04. William Becerra1 Avlin Odviar! Amer Attar 60% (05110) 61% A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: PS &E City is preparing 95% Plans, Specifications, and Estimate. R i ht of Wa Establishin limits of dedication. 9 Y 9 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. PW07 05CSD II Old Town Gymnasium Consultant: WLC Architects Contract Amount: $307,390.00 Account No. 210 190 186 Bill McAteer! David McBride 10% (12109) 5% 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. PW08 -04 I I Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect Alignment Study, Design Environmental Clearance Consultant: Hall 8, Foreman, Inc. Contract Amount: $246,865.00 Account No. 210 165 739 58XX Kendra Hannah Meistrell 1 Avlin Odviar 30% (12!09) 25% 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. The consultant is preparing 70% plans, specifications and estimate. PW08 06 I I Nicolas Valley Assessment District (Liefer Road) Consultant: David Evans &Associates (DEA) Contract Amount: $120,900.00 Account No. 210 165 502 58XX Kendra Hannah Meistrell 1 Avlin oAtiar! Amer Attar 60% (10109) 60% 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 imp was held g• g g p on 12/17/08. Consultant is preparing 90% plans and estimate. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 5 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW09 02 I Roripaugh Ranch Street Improvements- Phase! Construction of Butterfield Stage Road Consultant: David Evans Associates (DEA) Contract Amount: Account No. 210 -165- 723 -58XX Mayra De La Torre /Amer Attar 0% 0% Phase I includes the design construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC /So Loop Rd and making the Fire Station functional. Currently, liens and settlements have been resolved. Staff is in the process of negotiating a design contract with David Evans and Associates to complete the design. Staff is working on the Bid Package. The developer will start to work on the R W acquisition and perform their MOU obligations. The City will obtain additional contracts for all applicable consultants to proceed with the design. PROJECTS BEING DESIGNED BY STAFF PW04 -07 I Long Canyon Detention Basin Access Road 0% NIA 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. PW 09 06 I Citywide Slurry Seal Project FY 2009-2010 Slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Chris White /Mayra De La Torre 0% 0 0% This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Proposition 1B funds will be used to fund this project. The project got authorization to solicit construction bids on September 22, 2009. Project bidding is on -hold until January, 2010 due to weather. PROJECTS IN THE PLANNING STAGE PW04 08 I I -15 SR 79S Ultimate Interchange Project Report (PR) Consultant: RBF Consulting Contract Amount: $325,944.00 Amendment No. 1: 98,196.00 Extra Work Auth. No. 1: 13,426.00 Extra Work Auth. No. 2: 17,732.00 (Extra Work Auth. No. 3: 18,428.00) (Extra Work Auth. No. 4: 5,032.00) (Extra Work Auth. No. 5: 21,240.00) Note: EWA No. 3, 4, and 5 will be paid with unused portion of Amend No. 1. Avlin Odviarl Amer Attar 0 95% 0 95 /0 This project will modify the 1 -15/ SR 79 South Interchange to accommodate projected future traffic. City continued development of design geometries, technical studies, and reports. Status of outstanding items are as follows: Project Report Processing for final approval /signatures. Supplemental Fact Sheet Approved Sep 2009. Modified Access Report FHWA Determination of Acceptability, approved July 2007. Final approval pending approval of the Project Report. Geometric Approval Drawings Approved Sep 2009. Final Environmental Document Approved June 2009. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 6 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS French valley Parkway Interstate 15 Over Crossing and Interchange Improvements (PA ED) This project will construct an interchange between Winchester Road Interchange and the I -15/1 -215 split. City continued development of the Project Report and Environmental Consultant: Moffatt Nichol Document. Status is as follows: Agreement Amount: $1,091,693.00 Amend. No. 1: 202,652.40* Amend. No. 2: 21,630.00 Draft Project Report Approved June 2006. P pp 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. CCO No. 4: 11,320.00 Traffic Operations Analysis Approved 02/05/08. CCO No. 5: 37,645.00 Exception to 20 -yr Traffic Design Approved 12/17/07. Amend. No. 3: 283,982.52 Stormwater Data Report Under Caltrans review. Amend. No. 4: See 131.11107-04 Mandatory Design Exceptions roved 07/18/06. Amend. No. 5: 169,000.00 No. 6: 110,917.00 William A dvisor Design Exce tons Approved Y P PP roved 07/18/06. Amend. No. 7: 14,573.36 Becerral Avlin Exception to Ramp Metering Policy Approved 07/05/06. PW02 11 I Amend. No. 8 See PW07 -04 Odviar/ Amer 90% (03/10) 80% Geometric Approval Drawings Approved 07/18/06. Amend. No. 9 100,000.00 Attar Revised Geometric Approval Drawings Approved 01/11/08. Amend No. 10 414,774.00 Storm Drain Study- Approved 03/21/08. Notes: Amend. No. 1 also applies to PW07 -04. See PW07 Floodplain and Scour Analysis Report Approved Oct 2008. -04 for addl apportionment. 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) Bridge Alignment Study Avenida de Missions over Kendra Hannah- 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 PW08 03 11 Temecula Creek Consultant: Nolte Associates, Inc. Meistrelll Avlin 100% 100% engineering report is complete. Project is pending allocation of funds for design. Contract Amount: $87,923.00 Odviar Account No. 210 -165- 677 -58XX PROJECTS WAITING IN THE WINGS Multi Trails System- Margarita Road Under Crossing Consultant: LAN Engineering This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the PW04 13 I Contract Amount: $114,426.00 William Becerra 100% 100% design. RCFC has provided an Encroachment Permit. Plans Specs are complete. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 7 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW06 -17 1 Auxiliary Lanes on 1 -15 in Temecula Amer Attar A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off -ramps on 1 -15 in Temecula to improve the freeway operation. An RFP to 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 indefinitely. PW09 -07 1 Traffic Signal Installation Citywide Meadows Parkway at Pauba Road and Rancho California Road at Yukon Road Kendra Hannah- Meistrell Proposals were recieved 09/17/09 in response to RFP 167 for professional engineering services to design and prepare construction plans, specifications, and estimate. Through October, staff will review proposals, conduct interviews (if necessary), negotiate final terms of an agreement, and enter an agreement with the selected consulting firm. RIGHT OF WAY RELATED PROJECTS PW02 -11 I French Valley Parkway/ 1 -15 Overcrossing and Interchange, Project Report (PR) William Becerral Amer Attar NIA NIA The review appraisal is complete. Caltrans has approved the appraisals. The City Council reviewed this matter in Closed Session on June 9, 2009. Negotiations with two property owners have begun and is on -going CFD 03 -02 Butterfield Stage Road Roripaugh CFD Project Description: Right -of -Way issues associated with the construction of specific improvements (BSR, MHSR, fire station, etc.) Contractor: N/A; Contract: N/A Mayra De La Torrel Amer Attar Now that liens /settlements have been resolved /reached, the developer will resume to perform their MOU commitments and obtain required RAN. The developer was directed to first focus on the RNV issues related to properties within Ph 1 of the project. Some property owners have contacted the City indicating that they have been contacted by the developer to resolve the MOU obligations. City Attorney has prepared the release form the developer must have the owners sign releasing him from all obligation. the releases are under staff review.City will also give the developer deadlines to coincide with the project schedule. PW 95 -27 Diaz Realignment Jon Salazar/ Amer Attar Al required right -of -way documents have been recorded with the County and the City's consultant has filed the Record of Survey with the County and it has been processed and approved. The recorded Record of Survey was received from the consultant surveyor on 9/25/09; this project is now complete. PW 06 -11 Pechanga Parkway, Dual Right Turn Lanes from Temecula Parkway Amer Attar Purchase Sale Agreement was sent to the property owner. He did not accepted the 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. Settlement papers are in the process of being signed. PW 99 -11 Pechanga Parkway, Mitigation Land Amer Attar 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. 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. The State Department of Fish Game is now involved due to impacts to properties that has Conservation Easements on them. This will require discussions with them and other resource agencies. The discussions with the resource agencies continue. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 8 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS Diaz Road Realignment Sale of Surplus Land Amer Attar 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 has been agreed upon by the City and the buyer. A new revised agreement that include the lot line adjustment was drafted. The City Council approved the Purchase and Sale Agreement at the 08 -11 -09 City Council meeting. Escrow was opened for the sale of this property. Property is still in escrow. Documents are being signed. The Lot Line Adjustment and the Certificate of Compliance have been submitted by the consultant. They are under staff review. Riverside County Flood Control Parcels -Old Town Beryl Yasinosky/ Amer Attar RCFC has acknowledged their approval of the Agreements /Offers for the designated parcels currently awaiting County signatures. PW00 -26 Murrieta Creek Bridge and Overland Drive Extension Amer Attar To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is in the process of preparing legals /plats. A proposal from an appraiser will be sought once the plats are completed. The appraisal process will start after that. Policy re: Site Assessments Amer Attar Editing Site Assessment policy Miscellaneous Right of Way Related Items Amer Attar on -going review of Caltrans procedures: working on draft of Relocation handout required by law PW06 -04 I Western Bypass Bridge Over Murrieta Creek Will Becerra/ Beryl Yasinosky/ Amer Attar City accepted the Offer of Dedication that was not accepted by County on Parcel Map PM 8248, which was recorded on 2/15/1977. Up to Twelve legals and plats will be prepared by the consultant. Once legals /plats are received, the City will obtain appraisals. SPECIAL AND MISCELLANEOUS PROJECTS CF D 03 -02 Roripaugh Ranch CFD Annie Bostre- Le/ Amer Attar N/A Staff reviewed the submitted Reimbursement Request for the two bridges. Comments were provided to Ashby USA representatives. Meetings were held with the developer seeking these reimbursements to finalize the numbers. The City Attorney was provided the information. All outstanding liens have been paid. Developer is working on meeting his MOU requirements so monies withheld can be released. CFD 01 -02 Harveston CFD Amer Attar N/A No activities during the last period CFD 03 -06 Harveston CFD Amer Attar N/A N/A No activities during the last period. CFD 03 -01 Crown Hill CFD Amer Attar N/A N/A During the last period, the developer submitted reimbursement request for the retention. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 9 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS CFD 03 03 Wolf Creek CFD Amer Attar NIA NIA Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific, along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project Manager). The meeting was to review the walls along the Wolf Creek Development. Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will need a letter from the City for some of the open area that provide access from the trail to the development. Standard Pacific is to survey adjacent property owners to see if they are OK with the openings or if they want these openings closed. The City's letter would notify Caltrans with the results and what action the City would take based on these results. A letter from the City to Standard Pacific detailing the wall requirements was sent on 01/06/09. Standard Pacific is in the process of obtaining the required waivers. They have obtained 23 waivers as of 08/30/09. The City is in the process of recording the soundwall waivers it received. In addition, they started raising the walls the week of 07/06/09. Work on raising the walls continues. CFD 02 08 Serena Hills CFD Amer Attar NIA NIA No activities during the last period. Various 1 Quarterly Review- Tracking, preparing, and processing Federal, State and TUMF Funds Reimbursements Julie Dauer On -going NIA Various Projects. Various 1 Contract Administration Julie Dauer On going NIA On going review of CIP project contracts, amendments, extra work authorizations change orders and maintaining budget accounts. Providing assistance to staff in processing invoices for all CIP division projects. PW01 -27 I Murrieta Creek Multi Purpose Trail Julie Dauer NIA NIA Project is complete and balance of federal funding to be requested for reimbursement and submitted along with 'Final Report of Expenditures' for project closeout. PW06 10 1 Surface Transportation Program (STP) De Portola Road Pavement Rehabilitation Julie Dauer NIA NIA Federal funding reimbursement requests will be submitted to Caltrans as project progresses. $458,990 STP funds PW03 05 I Highway Bridge Replacement Rehabilitation Program (HBRR) Main Street Bridge Julie Dauer NIA NIA Total HBRR funds $4,337,970. PW05 -11 I SR2S- Safe Routes to School Program Ped/Bicycle Bridge over Santa Gertrudis Creek to Chaparral Hig Julie Dauer NIA NIA Awaiting approval of environmental document from Caltrans. 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. Various 1 Transportation Uniform Mitigation Fee (TUMF) Julie Dauer NIA NIA TUMF reimbursement requests prepared quarterly for submittal to WRCOG RCTC. PW06 -15 I TE Transportation Enhancement Winchester Road/State Route 79 North Corridor Beautification Projec Julie Dauer NIA NIA Received approval of our 'Request for Allocation' through the CTC and have submitted our RFA package to Caltrans for 'Authorization to Proceed with Construction'. Total funds awarded per TE Funding adjustments $1,646,000. PW99 11 (Phase 11) Pechanga Parkway Phase II Street Improvements Public Land Highways Funded Julie Dauer NIA NIA Project is essentially complete and upon payment of retention to contractor will process 'Final Report of Expenditures' and final invoice for reimbursement to Caltrans. Total PLH funding is $4,000,000. Various I Bond Releases Julie Dauer NIA NIA Continued review of CIP project bonds scheduled for release. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 10 OF 11 10/14/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR CONTRACT $'s PROJECT ENGINEER TIME COMPLETE (Est. comp./ bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW08 -04 I 2006/07 Bicycle Transportation Account BTA Funds Santa Gertrudis Creek Bicycle Trail Extension and Interconnect Julie Dauer NIA NIA Cooperative Work Agreement (CWA) has been approved by Caltrans, BTA division. The CWA will extend the terms of the original agreement to allow for the continuation of project design. 2006/07 BTA funds approved for the planning preliminary engineering and total award of $395,000. Standardize the format of the Specifications for all projects David McBride On NIA Specifications library is continuously being updated and amended. The boiler -plate section 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. I Circulation Element Implement Plan Amer Attar N/A NIA This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. The tasks of field verification, cost estimates preparation, and aerial mapping 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 Recent Projects on On g g N/A City receives blue prints from many contractors marked with As -Built conditions for various 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. Various I Consultant Selection Julie Dauer On going N/A Information is now available on the City's web -site on how to be placed on the consultant (vendor) list and data stored in this manner will be source for future RFP's RFQ's for upcoming projects. PW06 -14 I Pavement Rehabilitation Rancho California Road (STPL) Pavement Rehabilitation of Rancho California Road from Ynez Road to Butterfield Stage Road Julie Dauer NIA N/A Project is currently in construction and preparation of reimbursement invoices will be prepared for submittal to Caltrans as project progresses. STPL funding of $2,958,000. TBD I Citywide Traffic Light Synchronization System Purchase, install implement an adaptive traffic signal synchronization system along six corridors within the City. Julie Dauer NIA NIA City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) funding (Prop 1 B). Our request for Allocation has been submitted to the California Transportation Commission (CTC) for placement on their agenda for November 12, 2009 meeting. State to sell additional bonds to meet allocation requests. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 11 OF 11 10/14/2009 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report September October 2009 PROJECTS UNDER CONSTRUCTION Prepared by: Amer Attar Submitted by: Greg Butler Date: 10/27/2009 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 March of 2010. 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. Old Town Infrastructure Project -Town Square and Mercedes Main Street This project involves construction of the Town Square and street improvements on Mercedes Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work near completion in the Town Square and the Fountain is fully functional. Various specialty items and added work may extend the completion date through December 2009. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits Pechanga Rd. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has essentially completed the improvements including the "dual right turn lanes" work. The remaining work includes extra work and punch list items. The project is substantially complete, as of August 2009. Old Town Infrastructure Projects Parking Structure Office /Retail Frontage This project includes the site grading and retaining walls for the Civic Center the Parking Structure site as well as construction of a parking structure, including office frontage shell space. Construction of elevated slabs is complete. B occupancy structure erection and interior parking structure improvements are ongoing as well as construciton of the exterior facade. 1 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 structural steel erection, metal decks, steel stud framing, and mechnical, eletrical and plumbing installation. Temecula Community Center Expansion Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior punchlist is pending. The Escallier house and barn have been fumigated for termites. Dry rot termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1 month. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09. A dispute arose between the City and contractor over the accuracy of the contract plans, resulting in suspension of work. Dispute was resolved effective 8/27/09; work resumed on the project 9/1/09. Cap paving work was completed on 9/11/09; AC berm installation and striping work was completed the week of 9/14/09. With the exception of the installation of the cap paving course on the north side (westbound lane), which has been left off in coordination with a Rancho California Water District project, all contract work is complete. Cap paving of the north side roadway scheduled for10/23/09. Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) STPL Project This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. Construction began on June 3, 2009 and is anticipated to be completed by the end of December 2009. The contractor is working between Margarita Road and Meadows Parkway. Work in this area is expected to be completed by the end of November. Traffic Signal Installation Citywide, Butterfield Stage Rd at Welton Way Channel St This project installed a new traffic signal on Butterfield Stage Road at Welton Way Channel Street. The signal has been turned on and work is complete. Traffic Signal Installation Citywide, Meadows Pkwy at McCabe Dr This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The signal has been turned on and work is complete. Citywide Slurry Seal Project FY08 -09 2 This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This project is complete, in order for the City to issue the Notice of Completion the Contractor must submit the Maintenance Bond. Citywide Concrete Repairs FY 2008 -09 This project will replace concrete at various locations in the City. The project is complete. Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Contract was awarded at the August 25, 2009, City Council meeting. We are waiting for the Contractor to submit bonds to schedule a pre construction meeting. 3 PROJECTS BEING ADVERTISED FOR BIDS Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom and permanent dog park at Redhawk Community Park. Additive items include a half court basketball court at Redhawk Park and a seatwall 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 bid opening date is 10/13/09. 4 PROJECTS IN DESIGN Re- Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 -15 This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. Pechanga Parkway Storm Drain Improvements Environmental Mitigation This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements Stage 1. The wetlands will be created through the construction of new landscape irrigation systems. The site is located along the north bank of Temecula Creek (within flood plain/way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. Offers for purchase of the properties were made. The City Council adopted a Resolution of Necessity to acquire the property on 11/25/08. The proposed improvements cannot be implemented until the City obtain possession of the properties. Currently, the City is communicating with the various regulatory agencies concerning an alternative mitigation strategy suggested by the State Department of Fish Game. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. The 95% plans were returned to the consultant on September 29, 2009. 100% completion plans are due on October 22, 2009. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. 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 resubmitted to design consultant 8/31/09. An inter agency meeting was held on 9/16/09 to determine mitigation requirements for this project. The outcome of this meeting was that the City will be required to mitigate for temporary vegetation loss incurred during construction; all other mitigation will be included in the USACOE overall Murrieta Creek flood control project. The environmental submittal /review process will now move forward accordingly. Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped /bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on 5/13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans is anticipated in October '09. Western Bypass Bridge Over Murrieta Creek 5 This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP for this project is being reviewed and may change the configuration of the detention basins. This project is currently on hold. Pechanga Pkwy -Dual Right Turn Lanes from Temecula Parkway (SR 79S) This project included the design and construction of 2 right -turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed this work, as a change order to their contract. Santiago Detention Basin This project included the design and construction of a 1 -acre detention basin, which is located on the south side of Santiago Rd between Vallejo Ave Orsmby Rd. The environmental reports have been updated and the plans are complete /signed. 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 was submitted to Caltrans for construction authorization. Construction authorization was just received by the City. We are doing final final plans and specifications review to make sure they are ready for bidding. We are requesting authorization for bidding the project from the City Council at the 10/27/09 meeting. French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements Phase 1 (PS &E) A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: PS &E City is preparing 95% Plans, Specifications, and Estimate. Right of Way Establishing limits of dedication. Declaration of Units Caltrans Approved Metric Exception for this phase. Utilities Pothole of existing utilities within APE are complete. Conceptual Landscape /Aesthetics Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS &E submittal. Other: Maintenance Agreement City preparing exhibit for first draft. 6 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. Long Canyon Detention Basin Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Santa Gertrudis Creek Pedestrian /Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Diaz Road. The City Council approved an agreement with Hall Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is preparing 70% plans, specifications and estimate. 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. Consultant is preparing 90% plans and estimate. Roripaugh Ranch Street Improvements Phase I Phase I includes the design construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC /So Loop Rd and making the Fire Station functional. Currently, liens and settlements have been resolved. Staff is in the process of negotiating a design contract with David Evans and Associates to complete the design. Staff is working on the Bid Package. The developer will start to work on the R/W acquisition and perform their MOU obligations. The City will obtain additional contracts for all applicable consultants to proceed with the design. Citywide Slurry Seal Project FY 2009 -2010 This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Proposition 1B funds will be used to fund this project. The project got authorization to solicit construction bids on September 22, 2009. Project bidding is on -hold until January, 2010 due to weather. 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 Processing for final approval /signatures. Supplemental Fact Sheet Approved Sep 2009. Modified Access Report FHWA Determination of Acceptability, approved July 2007. Final approval pending approval of the Project Report. Geometric Approval Drawings Approved Sep 2009. Final Environmental Document Approved June 2009. 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 Under Caltrans review. Mandatory Design Exceptions Approved 07/18/06. Advisory Design Exceptions Approved 07/18/06. Exception to Ramp Metering Policy Approved 07/05/06. Geometric Approval Drawings Approved 07/18/06. Revised Geometric Approval Drawings Approved 01/11/08. Storm Drain Study Approved 03/21/08. Floodplain and Scour Analysis Report Approved Oct 2008. Final Environmental Document City preparing first draft. Other: Declaration of Units Request for Metric Exception denied by Caltrans. Freeway Agreements Execution pending approval of the Project Report. Risk Management Plan Updating as necessary. Project Charter 1st draft is under Caltrans review. Maintenance Agreement Preparing 1st submittal for Caltrans review. Financial Plan Updating as necessary. Temecula Creek Crossing Access to Highway 79 South (Temecula Parkway) The project consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is pending allocation of funds for design. 8