Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
120809 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AMENDED AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 8, 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. onference with real property negotiators,pursuant to Government Code Section 549568, regarding the purchase of two parcels of real pr per owned iy Abdi,Nasehi and :Leslie Ann Nasehi,! husband;and wife; as jointtenants fhe two parcels are described as (1) the first;parcel Is approximately 1 83 acres (ARNF94 0-31-0049) with a street address of 28450 6 Street, Temecula; ahfornia 92590; =and (2) the second parcel is approximately 41 ;acres (APN )4031 0052) located adjacent to the first parceliat 28450 6"' Street,N a w92590 The parties to the'negot ations forthe purc of the t wos iarcels ae: A rbdi Nasehi and; u Leslie Ann nn,Nasehi, Washington tual Bank luality Loan Service Corp and the Redevelopment Agency of the; City of fem.ecula: „Negotiators for the RedeveiopmentAgency of =the City'of Temecula ire Bob Johnson, Patrick Richardson and Luke Watson z Under negotiation ire the pace and terms of the 'purchase 0? the:two parcels. CALL TO ORDER: Prelude Music: The Southern California Damekor Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards 1 Next in Order: Ordinance: 09 -08 Resolution: 09 -98 PRESENTATIONS /PROCLAMATIONS 2009 Excellence in Technology Practices PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of November 10, 2009; 2.2 Approve the action minutes of November 24, 2009. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 09. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of October 31, 2009 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of October 31, 2009. 5 Financial Statements for the Three Months Ended September 30, 2009 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2009; 5.2 Approve a decrease of $85,000 in Operating Transfers Out from State Transportation Fund with corresponding decrease to Operating Transfer In to the General Fund. 6 Vehicle Repair and Maintenance Agreement RECOMMENDATION: 6.1 Approve a two -year Vehicle Repair and Maintenance Agreement with Old Town Tire Service LLC, in an amount not to exceed $86,000 annually. 7 California Department of Justice Fingerprinting Agreement RECOMMENDATION: 7.1 Approve a three -year agreement with the California Department of Justice in the amount of $220,000 for fingerprinting services. 8 First Amendment to Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009 -2010 RECOMMENDATION: 8.1 Approve a First Amendment to the agreement for Consulting Services with Tom Haney in the amount of $20,000 to provide Plan Review Services for a total agreement amount of $60,000. 3 9 Approval of the Pre- Qualified Vendors for Audiovisual Integration for the Old Town Civic Center Project No. IS 09 -02 RECOMMENDATION: 9.1 Approve the list of audiovisual vendors, outlined below, as Pre Qualified AV Integrators with National Systems Contractor's Association certifications and eligible to submit bids for audiovisual integration for Phase 2 of the Old Town Civic Center Project. 10 Award a Construction Contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW 06 -15 RECOMMENDATION: 10.1 Award a construction contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15, to Belaire -West Landscape, Inc. in the amount of $920,027; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $184,005.40, which is equal to 20% of the contract amount. 11 Amendment No. 1 to the Professional Services Agreement with Construction Testing and Engineering, Inc. (CTE) for Additional Geotechnical and Material Testing Services associated with the Old Town Civic Center Project Project No. PW 06 -07 RECOMMENDATION: 11.1 Approve Amendment No. 1 to the Professional Services Agreement with Construction Testing Engineering, Inc. (CTE) for additional services associated with geotechnical and special inspection services for the Old Town Civic Center Project in the amount of $78,368.50 and authorize the Mayor to execute the Amendment. 12 Fourth Amendment to the Professional Services Agreement with T.Y. Lin International for the preparation of Plans, Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek Proiect No. PW06 -04 RECOMMENDATION: 12.1 Approve a Fourth Amendment to the agreement with T.Y. Lin International in an amount not to exceed $6,055 for additional services to provide a traffic forecast analysis of Pujol Street after completing the construction of the Western Bypass Bridge Over Murrieta Creek, Project No. PW06 -04, and extending the term of the agreement to December 31, 2010. 4 13 Amendment No. 2 to the Professional Services agreement with Leighton Consulting, Inc. for Additional Geotechnical and Material Testing Services Associated with the Old Town Infrastructure Project Parking Structure and Office Retail PW 06 -07 (1D) RECOMMENDATION: 13.1 Approve Amendment No. 2 to the Professional Services Agreement with Leighton Consulting, Inc. for additional services associated with geotechnical and special inspection services for the Old Town Infrastructure Project, Parking Structure, and Office /Retail in the amount of $30,000 and authorize the Mayor to execute the Amendment. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Chuck Washington Next in Order: Ordinance: No. CSD 09-01 Resolution: No. CSD 09 -09 ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of November 10, 2009; 14.2 Approve the action minutes of November 24, 2009. 15 Financial Statements for the Three Months Ended September 30, 2009 RECOMMENDATION: 15.1 Receive and file the Financial Statements for the three months ended September 30, 2009; 15.2 Approve an appropriation of $60,000 in the TSCD Parks and Recreation Operating Budget from TCSD Fund Balance. s 16 First Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services 16.1 Approve the First Amendment to the Willdan Financial Services Agreement to extend the term and increase the payment by $75,500. 17 Authorization to Solicit Construction Bids for Replacement of Existing Playground Equipment and Safety Surfacing RECOMMENDATION: 17.1 Authorize the Community Services Department to solicit construction bids for the replacement of the existing playground equipment and safety surfacing at the Ronald Reagan Sports Park. 18 Award a Construction Contract for Ronald Reagan Sports Park Desiltinq Basin Proiect— Project No. PW05 -13 RECOMMENDATION: 18.1 Award a Construction Contract for Ronald Reagan Sports Park Desilting Basin Project, Project No. PW 05 -13, to Sean Malek Engineering and Construction in the amount of $182,900; 18.2 Authorize the General Manager to approve change orders up to 10% of the contract amount, $18,290; 18.3 Make a finding that the Ronald Reagan Sports Park Desilting Basin Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. CSD BUSINESS 19 Appointment of President and Vice President of the Community Services District for Calendar Year 2010 RECOMMENDATION: 19.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2010, to preside until the end of Calendar Year 2010; 19.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2010, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2010. 7 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 12, 2010, 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. 8 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chair Person Ron Roberts Next in Order: Ordinance: No. RDA 09 -01 Resolution: No. RDA 09 -12 ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit 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 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of November 10, 2009; 20.2 Approve the action minutes of November 24, 2009. 21 Financial Statements for the Three Months Ended September 30, 2009 RECOMMENDATION: 21.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2009. 9 22 Redevelopment Agency Proposed Tax Allocation Housing Bonds Designation of Consultants RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09- RDA PUBLIC HEARING A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION HOUSING BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO Any person may submit written comments to the Redevelopment Agency 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. 23 2010 -2014 Redevelopment Agency Implementation Plan RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09- RDA BUSINESS A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE -YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1 -1988 24 Appointment of Chair Person and Vice Chair Person of the Redevelopment Agency for Calendar Year 2010 RECOMMENDATION: 24.1 Entertain motions from the Agency Members to appoint the Chair Person to preside, effective January 1, 2010, until the end of Calendar Year 2010; 24.2 Entertain motions from the Agency Members to appoint the Vice Chair Person, effective January 1, 2010, who will assume the duties of the Chair Person in the Chair Person's absence, and hold this office until the end of Calendar Year 2010. 10 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, January 12, 2010, 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. 11 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. 25 Long Range Planning Project No. LR09 -0020, Water Efficient Landscape Design Ordinance RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS 26 AB 1600 Financial Reports RECOMMENDATION: 26.1 Approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2009. CITY COUNCIL BUSINESS 27 Appointment of Mavor and Mayor Pro Tem for Calendar Year 2010 RECOMMENDATION: 27.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2010, to the end of Calendar Year 2010; 27.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2010, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2010. 28 Appoint Southwest Cities Coalition Subcommittee (at the request of Mavor Edwards and Mayor Pro Tem Comerchero) RECOMMENDATION: 28.1 Appoint two members to the Southwest Cities Coalition Subcommittee. 12 29 Approval of the fiscal year 2010 -11 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Declaration of Intention to Amend the Annual Assessment and Levy an Assessment against Lodging Businesses within the TVTBID for fiscal year 2010 -11 RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2010 -11 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 29.2 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2% TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF DEPARTMENTAL REPORTS 30 City Council Travel /Conference Report November 2009 31 Economic Development Departmental Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 12, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 13 Item No. PRESENTATIONS Item No. 1 CONSENT CALENDAR Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 10, 2009 7:00 PM The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Jessica Sorge Invocation: Larry Elwood of United Church of the Valley Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ABSENT: Comerchero, Roberts PRESENTATIONS /PROCLAMATIONS Family Night in Temecula 2009 -2010 Proclamation Diabetes Awareness Month Proclamation 234th United States Marine Corp Birthday Proclamation PUBLIC COMMENTS The following individuals addressed the City Council: Mary Towel! Southern Temecula Safety Coalition Karen Locklin Rainbow Canyon Villages Homeowners Association Wayne Hall Hospital Update Jeanne McClellan Rotary Club of Temecula Donald Lambert Medical Marijuana CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. 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 (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of October 27, 2009. 3 List of Demands Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -92 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 September 30, 2009 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2009. 2 5 Edward Byrne Memorial Justice Assistance Grant Funding Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 5.1 Increase estimated General Fund Grant Revenue by $29,032; 5.2 Appropriate $29,032 from General Fund Grant Revenue to the Police Department. 6 Community Service Funding Program for Fiscal Year 2009 -10 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 6.1 Approve the Fiscal Year 2009 -10 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $50,500 to 21 organizations. 7 First Amendment to the Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 7.1 Approve the First Amendment to the Agreement to increase the total agreement amount by $25,000 to address necessary additional traffic impact analysis items which were not within the scope of the initial agreement. 8 Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Beltway Project Project No. PW09 -02 pulled off the agenda RECOMMENDATION: 8.1 Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project Project No. PW09 -02; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. 3 9 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project for FY 2008 -09 Project No. PW09 -01 Approved Staff Recommendation (3- 0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 9.1 Accept the construction of the Citywide Slurry Seal Project for FY 2008 -09, Project No. PW 09 -01, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs for FY 2008 -09 Project No. PW09 -03 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 10.1 Accept the construction of the Citywide Concrete Repairs for FY 2008 -09, Project No. PW 09 -03, as complete; 10.2 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; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Temporary Street Closure for the Winter Wonderland Event (Main Street between Old Town Front Street and the easterly end of the Main Street Bridge) scheduled for December 11, 2009 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 11.1 Receive and file the following proposed action by the City manager: Temporarily close Main Street for the "2009 WINTER WONDERLAND" EVENT. 4 12 Temporary Street Closures for Santa's Electric Light Parade on December 4, 2009 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 12.1 Receive and file the following proposed action by the City manager: Temporarily close certain streets for the "2009 SANTA'S ELECTRIC LIGHT PARADE" EVENT. 13 Acceptance of certain Public Streets into the City- maintained System within Tract Map No. 29734 (located northwesterly of the intersection of Deer Hollow Way and Peppercorn Drive- Centex Homes) Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 09-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT NO. 29734) 14 Fiber -optic Cable Installation to Fire Station 84 and Library Contract Change Order to Construction Contract with High -Light Electric, Inc. for Traffic Signal Interconnect Equipment Installation Project No. PW 04 -05 Approved Staff Recommendation (3- 0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 14.1 Approve a Change Order for an amount not to exceed $23,700 to furnish and install additional fiber -optic cable from the Margarita /Pauba Road traffic signal controller to the utility closet in Fire Station 84 and authorize the City Manager to execute the change order. 5 15 Professional GIS Consulting Services to enhance the City of Temecula's GIS Parcel and Centerline Data Layers IS 09 -02 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 15.1 Award a contract to D W Consulting to provide GIS Parcel Date Integrity Updata in the amount of $63,370, and authorize the Mayor to execute the contract. 16 Approval of Pre Qualified Vendor for HP Enterprise systems for the Old Town Civic Center, Project No. IS RFQ10 -09 (PH. 2) Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 16.1 Approve the HP vendor, listed below, as Pre Qualified Value Added Reseller with HP channel certifications and eligible to submit bids for HP Enterprise Systems for Phase 2 of the Old Town Civic Center Project; 16.2 Authorize staff to negotiate with Nth Generation Computing Inc. for terms and conditions required to satisfy the computing requirements for the Old Town Civic Center Phase 2 as established in the City's Information Systems Master Plan. 17 Fourth Amendment to Contract with Meyer Associates Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 17.1 Approve the fourth amendment to the agreement with Meyer Associates in the amount of $13,390, plus 10% contingency of $1,339. 18 Second Reading of Ordinance No. 09 -07 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 18.1 Adopt an ordinance entitled: 6 ORDINANCE NO. 09 -07 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 At 7:53 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:55 P.M., the City Council resumed with regular business. 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. 22 Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 09 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) 7 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:14 P.M., the City Council meeting was formally adjourned to Tuesday, November 24, 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] 8 Maryann Edwards, Mayor ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 24, 2009 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Violinist Sydney Hsieh and Danielle Beeman Invocation: Pastor Felicia Brown of Imani Church of God in Christ Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ABSENT: Washington PRESENTATIONS /PROCLAMATIONS The Tenth Annual Community Candlelight Tribute Say Proclamation "Remembering Those We've Loved and Lost" PUBLIC COMMENTS Michelle Arellano, representing the Boys Girls Clubs of Southwest County, presented a Plague of Appreciation to Council Member Roberts. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 1 2 Action Minutes continued to the 12/08/09 City Council meeting RECOMMENDATION: 2.1 Approve the action minutes of November 10, 2009. 3 List of Demands Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 General Liability Insurance Renewal Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 4.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company, in the amount $200,498 for the period of December 1, 2009 through December 1, 2010. 5 Old Town Civic Center, Project No. PVV06 -07, Furniture Purchase and Installation Agreement Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 5.1 Approve an Agreement with Tangram for $19,406.25, to refine the space plan and ultimately furnish and install systems and freestanding furniture for the Old Town Civic Center. 2 6 Southern California Edison Agreement Associated with Operation of the Photovoltaic System on the Old Town Parking Structure Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 6.1 Authorize the City Manager to approve an Agreement entitled, Net Energy Metering and Generating Facility Interconnection Agreement" associated with the photovoltaic system on the Old Town Parking Structure. 7 Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Project, Project No. PVV09 -02 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 7.1 Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project Project No. PW09 -02; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. 8 First Amendment to the Agreement with ProActive Fire Design and Consulting, Inc. Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 8.1 Approve the First Amendment with ProActive Fire Design Consulting for an additional amount of $35,000 to increase the existing contract amount to $60,000. 9 Old Town Civic Center (OTCC) HP Enterprise Systems Contract with Nth Generation Computing, Inc. Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 9.1 Award a contract to Nth Generation Computing, Inc. for the Old Town Civic Center HP Enterprise Computing Systems in the amount of $781,165.04, and authorize the Mayor to execute the contract; 3 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $78,116, which is equal to 10% of the contract amount. 10 City of Temecula Energy Efficiency and Conservation Block Grant Projects Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 10.1 Receive and file. 11 WRCOG Energy Efficiency Programs Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 09 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERMENTS ENERGY EFFICIENCY AND WATER CONSERVATION FINANCING PROGRAM 12 Office Lease Agreement regarding the leasing of space in the Civic Center parking garage storefront to the Temecula Valley Convention and Visitors Bureau Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval of those present with Council Member Washington absent RECOMMENDATION: 12.1 Approve the Office Lease between the City of Temecula and the Temecula Valley Convention and Visitor's Bureau for the leasing of commercial space in the Old Town parking garage. At 7:16 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:04 P.M., the City Council resumed with regular business. 4 PUBLIC HEARING 22 Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:15 P.M., the City Council meeting was formally adjourned to Tuesday, December 8, 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] RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 09 -94 Susan W. Jones, MMC City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) 5 Maryann Edwards, Mayor Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 08, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: 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 $1,801,153.23. 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 8th day of December, 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 8th day of December, 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 11/19/2009 TOTAL CHECK RUN: 11/25/2009 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 12/08/2009 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $164,168.73 140 COMMUNITY DEV BLOCK GRANT 8,030.56 165 AFFORDABLE HOUSING 17,317.97 190 TEMECULA COMMUNITY SERVICES DISTRICT 58,989.84 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 12,723.24 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,020.59 197 TEMECULA LIBRARY FUND 1,655.86 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,070,113.57 280 REDEVELOPMENT AGENCY CIP PROJECT 3,178.56 320 INFORMATION SYSTEMS 22,335.94 340 FACILITIES 3,238.77 375 SUMMER YOUTH EMPLOYMENT PROGRAM 2,671.28 001 GENERAL FUND $264,458.36 165 AFFORDABLE HOUSING 10,958.38 190 TEMECULA COMMUNITY SERVICES DISTRICT 104,563.03 192 TCSD SERVICE LEVEL B 145.61 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 4,516.60 194 TCSD SERVICE LEVEL D 1,389.54 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,272.83 197 TEMECULA LIBRARY FUND 380.16 280 REDEVELOPMENT AGENCY CIP PROJECT 4,073.37 300 INSURANCE FUND 1,277.82 320 INFORMATION SYSTEMS 23,806.16 330 SUPPORT SERVICES 5,737.94 340 FACILITIES 9,128.52 $1,369,444.91 431,708.32 $1,801,1 53.23 $1,369,444.91 431,708.32 TOTAL BY FUND: $1,801,153.23 apChkLst Final Check List Page: 1 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor INC 135148 11/19/2009 005384 BOYZ 135149 11/19/2009 006908 C C COMPANY INC 135150 11/19/2009 003138 CAL MAT Description refreshments:Planning bgt mtg 11/9 159.84 refreshments:econ dev mtg 10/14 316.73 refreshments: Council mtg 11/10 240.34 dj svcs: high hopes anniversary 125.00 PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials Amount Paid Check Total 135137 11/19/2009 001700 A PLUS TEACHING MATERIALS misc supplies: tiny tot pgrm 24.40 24.40 135138 11/19/2009 008552 ADKINS DESIGN CONSULTING Oct graphic design svc: theater 3,792.66 3,792.66 135139 11/19/2009 003951 ALL AMERICAN ASPHALT Oct const:Rancho Cal pave rehab 921,244.84 921,244.84 135140 11/19/2009 009374 ALLEGRO MUSICAL VENTURES Nov piano tuning svc: Library 150.00 150.00 135141 11/19/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental: College Fair 9/26 2,671.28 equip rental:Halloween Carnival 10/30 1,315.71 3,986.99 135142 11/19/2009 004240 AMERICAN FORENSIC NURSES DUI drug screenings: Police 592.50 DUI drug screenings: Police 306.50 899.00 135143 11/19/2009 002187 ANIMAL FRIENDS OF THE Oct animal control services 13,000.00 13,000.00 VALLEYS 135144 11/19/2009 002648 AUTO CLUB OF SOUTHERN CALIF Membership: 65120445 Davis, D 47.00 47.00 135145 11/19/2009 011954 BAKER TAYLOR INC (2) book purchase: Library 302.19 302.19 135146 11/19/2009 010806 BARNEYS TIRE AND WHEEL Tire Replacement: Medics 747.91 747.91 135147 11/19/2009 002541 BECKER CONSTRUCTION SRVS concrete work Humbolt Ct: PW 7,575.00 7,575.00 810.19 361.60 428.04 282.43 89.18 133.77 423.10 Pagel 716.91 125.00 2,528.31 135151 11/19/2009 000647 CALIF DEPT OF CONSUMER 1 yr Eng /Lnd Svy license renewal: AO 125.00 125.00 AFFAIRS apChkLst Final Check List Page: 2 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135152 11/19/2009 001159 CALIF DEPT OF JUSTICE Sept fingerprinting svcs: HR /Police 3,225.00 3,225.00 135153 11/19/2009 004228 CAMERON WELDING SUPPLY Helium tanks rental /refill:TCSD 46.60 46.60 135154 11/19/2009 008644 CANTRELL, ROGER, AIA, AICP Oct architectural svcs: Planning 47.00 47.00 135155 11/19/2009 009640 CERTIFION CORPORATION Oct investigative dbase subsc:PD 150.00 150.00 135156 11/19/2009 004609 CINTAS DOCUMENT Oct doc shred svcs: Police 34.13 MANAGEMENT Oct doc shredding svcs: Citywide 57.76 91.89 135157 11/19/2009 008594 COMMUNITY BANK Escrow#1418 All American Asphalt 102,360.54 102,360.54 135158 11/19/2009 006303 CONDUIT NETWORKS, INC Screen protectors:police PDA's 125.19 technical consulting: Info Sys 375.00 500.19 135159 11/19/2009 010865 CONSTANT CONTACT INC 1 yr email notifications svc: Theater 672.00 672.00 135160 11/19/2009 001264 COSTCO WHOLESALE artist hospitality supplies: Theater 111.28 misc supplies:Team PACE 212.57 323.85 135161 11/19/2009 004329 COSTCO WHOLESALE CORP maint supplies: Stn 84 374.17 374.17 135162 11/19/2009 010650 CRAFTSMEN PLUMBING HVAC waterless urinal install: Stn 73 350.00 INC waterless urinal install: Stn 84 350.00 plumbing repairs: Stn 84 855.89 plumbing repair: Stn 73 975.00 2,530.89 135163 11/19/2009 011870 CRIME SCENE STERI CLEAN, LLC biohazard clean -up svcs: Police 500.00 500.00 135164 11/19/2009 008810 CROSSTOWN ELECTRICAL equiplmaint repair: PW Traffic 1,285.46 1,285.46 DATA 135165 11/19/2009 003272 DAISYWHEEL RIBBON COMPANY plotter supplies ink: GIS 227.85 227.85 INC 135166 11/19/2009 003962 DAVID NEAULT ASSOCIATES INC Oct Ldscp Insp Svcs: Pechanga Pkwy 2,256.25 2,256.25 135167 11/19/2009 013293 DAY, VICTORIA refund:lost library materials 12.97 12.97 Page2 apChkLst Final Check List Page: 3 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 135168 11/19/2009 003945 DIAMOND ENVIRONMENTAL SRVCS 135169 11/19/2009 010097 DREAM PAINTING 135171 11/19/2009 002390 EASTERN MUNICIPAL WATER DIST 135174 11/19/2009 012630 ER1CKSON -HALL CONSTRUCTION CO 135175 11/19/2009 000164 ESGIL CORPORATION 135176 11/19/2009 001056 EXCEL LANDSCAPE 135177 11/19/2009 009953 FEDERAL CLEANING CONTRACTORS 135178 11/19/2009 007659 FIRST AMERICAN TITLE INSURANCE (Continued) Description portable restroom:teen dance 11/13 Nov portable restrooms:Rdhwk Pk Nov portable restrooms: Vail Rch Pk Nov portable restrooms: Veterans Pk Nov portable restrooms: Lng Cyn Pk Nov portable restrooms: Riverton Pk Res lmpr Pgrm: Gessow, Enid 135170 11/19/2009 002528 EAGLE GRAPHIC CREATIONS INC recognition plaques: Econ Dev Nov 95366 -02 Diego Dr Ldscp 135172 11/19/2009 004829 ELLISON WILSON ADVOCACY LLC Jul -Oct state lobbyist svcs: CM Nov state lobbyist svcs: CM 135173 11/19/2009 002939 ENVIRONMENTAL SYSTEMS ESRI maintenance 1/10- 12/10:GIS RESEARCH Oct const: TCC Expansion Oct plan review svcs: B &S Sept Landscape Maint:City Facilities mainline repair: Pavillion Point irrigation maint: Vail Ranch Pkwy mainline repairs: Redhawk medians irrigation repair: Margarita Rd Nov janitorial svcs: PD mall office title rpt: APN 909 -120 -016 Amount Paid Check Total 87.88 52.88 52.88 52.88 52.88 52.88 352.28 3,200.00 3,200.00 1,927.32 1,927.32 226.15 226.15 14,000.00 3,500.00 17,500.00 14,813.75 14,813.75 14,816.88 14,816.88 2,965.59 2,965.59 9,685.00 613.00 172.67 471.47 83.15 11,025.29 625.00 625.00 1,200.00 1,200.00 Page3 apChkLst Final Check List 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 135179 11/19/2009 003347 FIRST BANKCARD CENTER 011999 CONFERENCE MANAGER.COM 011999 CONFERENCE MANAGER.COM 011999 CONFERENCE MANAGER.COM 013301 RED GINGER CHINA BISTRO 002652 PAT OSCARS RESTAURANT 002652 PAT OSCARS RESTAURANT 012313 FRANKLIN COVEY COMPANY 000515 TEMECULA VALLEY CHAMBER OF 135180 11/19/2009 009097 FULL COMPASS SYSTEMS 135181 11/19/2009 010326 G E MOBILE WATER, INC 135182 11/19/2009 001937 GALLS INC 135183 11/19/2009 011376 GENEVA SCIENTIFIC INC 135184 11/19/2009 000177 GLENNIES OFFICE PRODUCTS INC 135187 11/19/2009 000186 HANKS HARDWARE INC (Continued) Description RJ conference call: Liberty Quarry RJ conference call: Liberty Quarry RJ conference call: Liberty Quarry SJ refreshments Council mtg 10/13 SJ gratuity commission recog 10/13 SJ refreshments Comm Recog 10/15 SJ planner refills: City Clerk ME Women Insp Women 10/29 Misc Supplies: Theater Misc Supplies: Theater Oct exchng osmosis washer:Stn 73 uniforms: Police motorcycle unit uniforms: Police motorcycle unit uniforms: Police motorcycle unit uniforms: Police volunteers pet waste bags: TCSD Parks Office Supplies: Fire 135185 11/19/2009 009608 GOLDEN VALLEY MUSIC SOCIETY Music Dance performance 11/7 135186 11/19/2009 000520 H D L COREN CONE INC Oct -Dec property tax cnslt:Finance Hardware supplies: Fire Hardware supplies: Theater Hardware supplies: CRC 135188 11/19/2009 001135 HEALTH POINTE MEDICAL GROUP employee industrial care svcs:HR INC employee industrial care svcs:HR employee industrial care svcs:HR employee industrial care svcs:HR 135189 11/19/2009 010210 HOME DEPOT SUPPLY INC, THE Hardware supplies: TCSD Maint Amount Paid 39.89 50.14 14.38 156.65 90.00 909.92 121.63 25.00 1,604.70 763.80 128.33 311.62 72.28 301.29 10.00 1,607.50 1,682.76 574.28 5,000.00 972.79 302.48 95.88 116.16 101.87 250.00 141.71 108.72 Page: 4 Check Total Page:4 1,407.61 2,368.50 128.33 695.19 1,607.50 1,682.76 574.28 5,000.00 1,371.15 609.74 Hardware supplies: Ch Museum 276.23 384.95 apChkLst Final Check List Page: 5 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 135190 11/19/2009 003198 HOME DEPOT, THE 135191 11/19/2009 001123 INDUSTRIAL DISTRIBUTION GROUP 135192 11/19/2009 003266 IRON MOUNTAIN OFFSITE 135193 11/19/2009 008358 JAGUSCH, M.D., CHRISTIAN R. 135194 11/19/2009 003046 K F R O G 95.1 FM RADIO 135196 11/19/2009 004051 L 0 R GEOTECHNICAL GROUP INC 135197 11/19/2009 007188 LAERDAL MEDICAL CORP. (Continued) Description 135198 11/19/2009 012065 LANCE, SOLL LUNGHARD LLC VOID 135199 11/19/2009 013245 LEABO, KAREN S. 135201 11/19/2009 003726 LIFE ASSIST INC 135202 11/19/2009 008610 M C R STAMPS 135203 11/19/2009 013294 MEJIA, GABRIELA 135204 11/19/2009 012580 MINUTEMAN PRESS 135205 11/19/2009 000883 MONTELEONE EXCAVATING 135206 11/19/2009 002139 NORTH COUNTY TIMES fee misc supplies: TCSD misc hardware supplies: Old Town misc hardware supplies: Old Town maintenance supplies: PW Maint Oct storage: IS Backup Tapes AED medical review: Fire radio broadcast: Quilt Show 9/26 -27 radio broadcast: ESG weekend radio broadcast: Quilt Show 9/28 -10/3 135195 11/19/2009 001091 KEYSER MARSTON ASSOCIATES Sept cnslt Svcs: RDA Housing INC Sept cnslt svcs: RDA Real Estate Oct Geotech Svc:Rnch Cal Rehab CPR /AED supplies: Paramedics Presenter: ESG weekend 11/7 135200 11/19/2009 004905 LIEBERT, CASSIDY WHITMORE Sept HR legal svcs for TE060-01 medical supplies: Paramedics medical supplies: Paramedics Dj services:High Hopes 11/6/09 refund:lost library materials business cards:aquatics Drainage grading:Lng Cyn detention basin Storm drain repair:Calle Fiesta Rd. Oct advertising:theater Oct E.S.G. ads:RDA Amount Paid 20.00 Check Total 227.40 1,215.83 1,463.23 312.33 312.33 343.98 343.98 4,500.00 4,500.00 310.00 250.00 460.00 1,020.00 14,117.97 1,530.63 15,648.60 5,645.00 5,645.00 1,068.97 1,068.97 0.00 0.00 0.00 250.00 250.00 118.00 118.00 26.17 199.30 225.47 25.00 25.00 19.99 19.99 130.50 130.50 3,990.00 10,350.00 14,340.00 746.16 370.00 1,116.16 PageS apChkLst Final Check List Page: 6 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135207 11/19/2009 002139 NORTH COUNTY TIMES Oct newspaper subscr:mpsc 28.60 28.60 135208 11/19/2009 002292 OASIS VENDING Vending srvcs:foc 133.72 Vending srvcs:city hall 683.58 Vending srvcs:west wing 101.10 918.40 135209 11/19/2009 010167 ODYSSEY POWER Maint:city fire protection systems 978.86 978.86 CORPORATION 135210 11/19/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children's museum 24.68 24.68 DIV 135211 11/19/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:Code Enf 227.57 City Vehicle Maint Svcs:PW Traffic 36.57 City Vehicle Maint Svcs:PW Traffic 163.46 City Vehicle Maint Svcs:PW Land Dev 302.26 City Vehicle Maint Svcs:PW Maint 55.00 City Vehicle Maint Svcs:PW Maint 75.00 City Vehicle Maint Svcs:PW Maint 155.07 City Vehicle Maint Svcs:PW Maint 155.07 City Vehicle Maint Svcs:PW Maint 36.57 1,206.57 135212 11/19/2009 010030 OLIVERA'S COFFEE AND JUICE refreshments:City 20 yr anniversary 850.00 850.00 135213 11/19/2009 011118 PALM SPRINGS AERIAL tickets:sister city excursion 11/30 -1215 183.60 183.60 TRAMWAY 135214 11/19/2009 013289 PALM SPRINGS AIR MUSEUM INC tickets:sister city excursion 11/30 -1215 96.00 96.00 135215 11/19/2009 002652 PAT OSCARS RESTAURANT Refreshments:tree lighting event 12/3 706.22 706.22 135216 11/19/2009 012833 PC MALL GOV, INC. 50 memory cards /KTH- XW4300 /1G:I.S. 1,541.50 1,541.50 135217 11/19/2009 012904 PRO ACTIVE FIRE DESIGN plancheck srvcs:fire prevention 3,566.20 3,566.20 135218 11/19/2009 005075 PRUDENTIAL OVERALL SUPPLY Oct uniform /twl rntl /flr mts srvcs:Cty 1,560.15 1,560.15 Page:6 apChkLst Final Check List Page: 7 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 135226 11/19/2009 009746 SIGNS BY TOMORROW 135227 11/19/2009 000645 SMART FINAL INC 135228 11/19/2009 000537 SO CALIF EDISON (Continued) Description 135219 11/19/2009 000262 RANCHO CALIF WATER DISTRICT Nov various water meters:tcsd Nov var water meters:28379 OT front Nov var water meters:calle elenita Nov war water meters:28910 pujol Nov var water meters:41951 moraga Nov var water meters:28640 pujol Oct var water meters:28922 pujol 135220 11/19/2009 002654 RANCHO FORD LINCOLN City veh. repair /maint srvcs:Fire Prev MERCURY 135221 11/19/2009 002110 RENTAL SERVICE CORPORATION Tool and equip rental: PW Maint 135222 11/19/2009 001048 ROSAS CANTINA RESTAURANT refreshments:ee luncheon 12/1 1,538.20 1,538.20 135223 11/19/2009 009980 SANBORN, GWYN Country the Merc 11/7/09 643.50 643.50 135224 11/19/2009 010089 SECURITAS SECURITY SRVCS Oct security patrol srvcs:harveston lake USA 135225 11/19/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 11/5 283.50 283.50 public ntc sign posting pa09- 0227:ping public ntc sign posting PND-TVUSD:ping public ntc sign posting pa09- 0076:ping public ntc sign posting pa09- 0083:ping public ntc sign posting pa08- 0165:ping Recreation supplies:FAM program 71.89 Rec supplies:after school pgrm 85.38 Rec supplies:after school pgrm 71.20 Rec supplies:after school pgrm 70.79 Nov 2 -28- 171 2620:40820 winchester Nov 2 -31- 693 9784:26036 ynez tc1 Nov 2 -29 -974- 7568:26953 ynez tc1 Nov 2 -31- 419 2659:26706 ynez tc1 Nov 2 -27 -560- 0625:32380 deerhollow Nov 2- 28- 397- 1315:rdhk median Nov 2 -26- 887 0789:40233 village rd Nov 2 -00- 397- 5059:comm svc util Nov 055 475- 6169- 5:pbsp Amount Paid 25,885.95 237.07 164.06 15.87 1,199.71 7.93 90.06 554.32 148.50 297.00 148.50 297.00 297.00 815.49 451.40 132.85 91.17 4,020.60 20.89 1,597.08 10,771.64 135229 11/19/2009 001212 SO CALIF GAS COMPANY Nov 015 -575- 0195- 2:FS #92 119.70 Check Total 27,600.65 7.31 7.31 3,255.00 3,255.00 156.67 276.37 Page:7 554.32 1,188.00 299.26 17,901.12 apChkLst Final Check List Page: 8 11/19/2009 11:56:17AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135230 11/19/2009 007711 SO CALIF PUBLIC POOL 2010 agency membership: aquatics prgm 30.00 30.00 OPERATORS 135231 11/19/2009 002503 SOUTH COAST AIR QUALITY ann'I operating fees: FOC 293.21 emissions fees:FOC 109.00 402.21 135232 11/19/2009 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:rrsp 84.00 INC pest control srvcs:fire stn 84 80.00 164.00 135233 11/19/2009 002366 STEAM SUPERIOR CARPET Carpet cleaning svcs: Sta 73 225.00 225.00 CLEANING 135234 11/19/2009 011667 T T JANITORIAL INC Oct cleaning srvcs:police storefront 790.00 790.00 135235 11/19/2009 000305 TARGET BANK BUS CARD SRVCS Recreation supplies:FAM program 146.34 Misc supplies: Tiny Tots pgrm 6.99 Misc supplies:Teen events 18.45 Skate Park Supplies 94.28 266.06 135236 11/19/2009 012265 TEMECULA ACE HARDWARE C/O Misc hardware supp: Sta 92 7.11 Misc hardware supp: Sta 92 2.16 9.27 135237 11/19/2009 010679 TEMECULA AUTO City veh repair maint:Sta 84 636.92 REPAIR /RADIATOR City veh repair maint:fire prey 174.32 811.24 135238 11/19/2009 010848 TEMECULA PLANTSCAPE Nov plant lease srvcs: Library 200.00 200.00 135239 11/19/2009 011736 TEMECULA TROPHY INC Recognition awards:F.I.T. pgrm 1,023.08 1,023.08 135240 11/19/2009 010046 TEMECULA VALLEY Sept '09 Bus. Impry District Asmnts 40,611.07 40,611.07 CONVENTION 135241 11/19/2009 007340 TEMECULA VALLEY FIRE EQUIP. Fire extinguisher srvcs:PW Maint 147.50 147.50 CO 135242 11/19/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:var park sites 26.59 26.59 CENTR 135243 11/19/2009 013261 THINKWELL GROUP INC Museum exhibit:childrens museum 22,500.00 22,500.00 135244 11/19/2009 010276 TIME WARNER CABLE Nov high speed internet:FS #92 102.45 Nov high speed internet:FS #92 44.95 147.40 135245 11/19/2009 004308 TOWNE COUNTRY AUTO Auto towing service xx- 751:Police 150.00 TOWING Auto towing service xx- 339:Police 150.00 300.00 Page:8 apChkLst 11/19/2009 11:56:17AM Bank union UNION BANK OF CALIFORNIA Check Date Vendor Final Check List CITY OF TEMECULA (Continued) Description 135246 11/19/2009 009709 U H S OF RANCHO SPRINGS, INC Jul -Sep forensic exams:Police 135247 11/19/2009 012625 UNIV. OF CALIFORNIA- REGENTS turfgrass /Idscp sem:K.Harrington 12/16 135248 11/19/2009 004864 V N W CIRCLE OF CARE INC 135249 11/19/2009 004261 VERIZON 09/10 CDBG reimb Circle of Care Prgm Novxxx -8573 general usage Novxxx -4723 gen usage:police Nov xxx -2372 gen usage:wolf crk pk Nov xxx -0682 gen usage:civic ctr cam Novxxx -6812 general usage Novxxx -7562 gen usage:irrig cant Novxxx -0073 general usage Nov xxx -5473 gen usage:moraga rd Novxxx -1941 gen usage:TTACSD Novxxx -1341 gen usage:theater Novxxx -3143 gen usage:pd overind Novxxx -5072 general usage 135250 11/19/2009 004848 VERIZON SELECT SERVICES INC Oct long distance phone svcs 135251 11/19/2009 009101 VISION ONE INC 135252 11/19/2009 001342 WAXIE SANITARY SUPPLY INC 135253 11/19/2009 003730 WEST COAST ARBORISTS INC Oct Showare ticketing srvcs:theater Misc custodial supplies:crc/thtr /foc Tree trimming srvcs:duck pond 10/1 -15/09 tree trimming srvcs:citywide 135254 11/19/2009 008402 WESTERN RIVERSIDE COUNTY Oct '09 MSHCP payment Amount Paid 7,200.00 85.00 8,030.56 40.53 36.56 35.43 92.13 88.02 37.28 264.78 35.43 70.87 438.62 52.97 2,313.88 892.48 1,267.80 483.77 1,710.00 1,200.00 11,628.00 Grand total for UNION BANK OF CALIFORNIA: Page: 9 Check Total 11,628.00 1,369,444.91 Page9 7,200.00 85.00 8,030.56 3,506.50 892.48 1267.80 483.77 2,910.00 apChkLst Final Check List Page: 10 11/19/2009 11:56:17AM CITY OF TEMECULA 117 checks in this report. Grand Total All Checks: 1,369,444.91 Pagel 0 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 8, 2009 SUBJECT: City Treasurer's Report as of October 31, 2009 PREPARED BY: Rudy Graciano, Revenue Manager Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: Approve and file the City Treasurer's Report as of October 31, 2009. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31, 2009. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of October 31, 2009 Investments Certificates of Deposit Bank Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investment Contracts Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Reporting period 10/01/2009-10/31/2009 Run Date: 11/23/2009 -14:38 Par Value 873,983.53 66,1 70,33 6.93 1.00 53,498,329.46 28,000,000.00 13,000,000.00 2,031,468.76 163,574,119.68 5,9 78,51 2.04 169,552,631.72 October 31 Month Ending 182,741.22 178,631,746.42 1.20% City of Temecula, California Portfolio Management Portfolio Summary October 31, 2009 Market Value 873,983.53 66,1 70,33 6.93 1.00 53,572,417.08 28,452,030.00 13,291,600.00 2,031,468.76 873,983.53 66,1 70,336.93 1.00 53,498,329.46 28,000,000.00 1 2,9 78,1 61).1)0 2,031,468.76 164,391,837.30 163,552,279.68 5,9 78,51 2.04 5,978,512.04 170,370,349.34 169,530,791.72 Fiscal Year To Date 993,213.20 200, 096,885.10 1.47% Book %of Value Portfolio 0.53 40.46 13.1313 32.71 17.12 7.94 1.24 Term 1,177 1 1 1 1,336 1,138 6,979 1 Days to Maturity 304 1 1 1 1,39 797 2,861 City of Temecula 43200 Business Park Drive P.O. BoX 9033 Temecula, CA, 92590 (951)694 -6430 YTM YTM 360 Equiv. 365 Equiv. 5.600 5.678 0.642 0.651 0.000 0.000 0.652 0.661 2.843 2.883 2.678 2.71 5.509 5.585 100.00% 413 289 1.271 1.288 1 0.000 0.000 413 289 1.271 1.288 Portfolio TEME CP PM (PRF_PM1 SymRept8.42 Report Ver. 5.00 CUSIP Run Date: 11/23/2009 1 4:38 Subtotal and Average 873,983.53 City of Temecula, California Portfolio Management Portfolio Details Investments October 31, 2009 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit Bank 95453510 88 -12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 304 09/01/2010 873,983.53 873,983.53 873,983.53 5.600 5.678 304 Managed Pool Accounts 1 2221 6003 -2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008 -1 01 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006 -4 01 -2 RESA2 First American Treasury 441,606.99 441,606.99 441,606.99 0.000 0.000 1 104348016 -3 01 -2 RESB2 First American Treasury 203,290.10 203,290.10 203,290.10 0.000 0.000 1 104348000 -4 01 -2 SPTAX2 First American Treasury 152,821.37 152,821.37 152,821.37 0.000 0.000 1 94669911 -2 03 -1 ACQA2 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 94669921-3 03 -1 ACQB3 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 94669902-3 03 -1 BON D3 First American Treasury 07101!2009 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03 -1 RES A3 First American Treasury 866,294.73 866,294.73 866,294.73 0.000 0.000 1 94669916 -2 03 -1 RES B2 First American Treasury 223,566.93 223,566.93 223,566.93 0.000 0.000 1 94669900 -4 03 -1 SPTAX1 First American Treasury 308,426.74 308,426.74 308,426.74 0.000 0.000 1 793593011 -2 03 -2 ACQ 2 First American Treasury 73,747.57 73,747.57 73,747.57 0.000 0.000 1 793593009 -2 03 -2 EMW D 2 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 793593007 -2 03 -2 IMP 2 First American Treasury 4,384.86 4,384.86 4,384.86 0.000 0.000 1 793593016 -4 03 -2 LOC 2 First American Treasury 2,841,523.06 2,841,523.06 2,841,523.06 0.000 0.000 1 793593010 -2 03 -2 PWADM2 First American Treasury 2,961.04 2,961.04 2,961.04 0.000 0.000 1 793593006 -2 03 -2 RES 2 First American Treasury 367.56 367.56 367.56 0.000 0.000 1 793593000 -3 03 -2 SPTX2 First American Treasury 130,068.54 130,068.54 130,068.54 0.000 0.000 1 744727011 -2 03 -3 ACQ2 First American Treasury 18,611.36 18,611.36 18,611.36 0.000 0.000 1 744727002 -2 03 -3 BOND 2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 744727007 -2 03 -3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03 -3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006 -3 03 -3 RES3 First American Treasury 2,178,102.75 2,178,102.75 2,178,102.75 0.000 0.000 1 744727000 -4 03 -3 SP TX 4 First American Treasury 209,694.67 209,694.67 209,694.67 0.000 0.000 1 94686001 -2 03 -4 ADMIN2 First American Treasury 5,222.74 5,222.74 5,222.74 0.000 0.000 1 94686005 -1 03 -4 PREP1 First American Treasury 4,071.85 4,071.85 4,071.85 0.000 0.000 1 94686000 -1 03 -4 RED1 First American Treasury 2,349.99 2,349.99 2,349.99 0.000 0.000 1 94686006 -2 03 -4 RES2 First American Treasury 96,467.50 96,467.50 96,467.50 0.000 0.000 1 786776002 -2 03 -6 BON D2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 786776007 -2 03-6 IMP2 First American Treasury 1,402.18 1,402.18 1,402.18 0.000 0.000 1 786776006 -2 03 -6 RES2 First American Treasury 337,942.60 337,942.60 337,942.60 0.000 0.000 1 786776000 -3 03 -6 SP TX3 First American Treasury 49,351.36 49,351.36 49,351.36 0.000 0.000 1 95453510 -2 88 -12 BON D2 First American Treasury 1,390.73 1,390.73 1,390.73 0.000 0.000 1 95453518 -4 88 -12 G14 First American Treasury 68,849.65 68,849.65 68,849.65 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003 -4 CITY COP RE4 First American Treasury 122216008-3 CITY COPCIP2 First American Treasury 1 2221 600 0 -2 CITY COPLPF2 First American Treasury 94434160 -1 RDA 02 INT1 First American Treasury 94 43 41 61 -2 RDA 02 PRIN2 First American Treasury 107886008 -2 RDA 06 CIPA2 First American Treasury 107886001 RDA 06 PRIN First American Treasury 107886000 -2 RDA 06A INT2 First American Treasury 107886018 -3 RDA 06B CIP3 First American Treasury 107886010 -2 RDA 06B INT2 First American Treasury 107886016 -2 RDA 06B RES2 First American Treasury 107886030 -2 RDA 07 CAPI2 First American Treasury 107886027 -2 RDA 07 ESC2 First American Treasury 107886020 -2 RDA 07 INT2 First American Treasury 107886028 -2 RDA 07 PROJ2 First American Treasury 107886026 -2 RDA 07 RES2 First American Treasury 94432360 -2 TCSD COP INT First American Treasury 94432363 02001 Financial Security Assurance 793593011 -1 03 -2 -1 ACOUI CA Local Agency Investment Fun 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 122216008 CITY COP CIP CA Local Agency Investment Fun 1 2221 6003 -1 CITY COP RE1 CA Local Agency Investment Fun 107886008 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 107886018 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 107886030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond Run Date: 11/23/2009 1 4:38 Subtotal and Average 68,272,904.12 Letter of Credit 104348006 1 02008 ASSURANCE CO BOND INSURANCE 07/01/2009 Subtotal and Average City of Temecula, California Portfolio Management Portfolio Details Investments October 31, 2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 2,368.77 2,368.77 2,368.77 0.000 0.000 1 37.11 37.11 37.11 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 07/27/2009 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 33,619.05 33,619.05 33,619.05 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 202,115.10 202,115.10 202,115.10 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 11,774.84 11,774.84 11,774.84 0.000 0.000 1 218,256.29 218,256.29 218,256.29 0.000 0.000 1 316.62 316.62 316.62 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 1.00 1.00 1.00 0.000 0.000 1 29,067,327.66 29,067,327.66 29,067,327.66 0.750 0.740 0.750 1 1,554,682.83 1,554,682.83 1,554,682.83 0.750 0.740 0.750 1 801,043.87 801,043.87 801,043.87 0.750 0.740 0.750 1 472,128.08 472,128.08 472,128.08 0.750 0.740 0.750 1 3,588,907.95 3,588,907.95 3,588,907.95 0.750 0.740 0.750 1 13,706,654.11 13,706,654.11 13,706,654.11 0.750 0.740 0.750 1 818,299.08 818,299.08 818,299.08 0.750 0.740 0.750 1 0.00 0.00 0.00 0.750 0.740 0.750 1 2,773,000.00 2,773,000.00 2,773,000.00 0.750 0.740 0.750 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 3,569,646.88 3,569,646.88 3,569,646.88 0.750 0.740 0.750 1 1,103,764.63 1,103,764.63 1,103,764.63 0.750 0.740 0.750 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 66,170,336.93 66,170,336.93 66,170,336.93 1.00 1. 1.00 1.00 1.00 0.642 0.651 1 0.000 0.000 1 0.000 0.000 1 Page 3 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details Investments October 31, 2009 Run Date: 11/23/2009 -14:38 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 727,135.79 727,135.79 727,135.79 0.750 0.740 0.750 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,864,189.28 3,864,189.28 3,864,189.28 0.750 0.740 0.750 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 1,276,766.26 1,276,766.26 1,276,766.26 0.750 0.740 0.750 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.000 0.000 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 156,762.66 156,762.66 156,762.66 0.750 0.740 0.750 1 SYSCITY CITY CA Local Agency Investment Fun 13,769,955.41 13,791,444.95 13,769,955.41 0.650 0.641 0.650 1 SYSRDA RDA CA Local Agency Investment Fun 19,638,379.69 19,669,027.56 19,638,379.69 0.650 0.641 0.650 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,065,140.37 14,087,090.58 14,065,140.37 0.650 0.641 0.650 1 Subtotal and Average 62,088,481.58 53,498,329.46 53,572,417.08 53,498,329.46 0.652 0.661 1 Page 4 Federal Agency Callable Securities 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 2,019,380.00 2,000,000.00 3.750 3.699 3.750 1,198 02/11/2013 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,007,500.00 1,000,000.00 3.950 3.896 3.950 621 07/15/2011 31331GZ36 01145 Federal Farm Credit Bank 10/19/2009 1,000,000.00 999,690.00 1,000,000.00 1.550 1.529 1.550 991 07/19/2012 3133XRSM3 01102 Federal Horne Loan Bank 07/23/2008 1,000,000.00 1,026,560.00 1,000,000.00 4.050 3.995 4.050 813 01/23/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,027,500.00 1,000,000.00 4.220 4.162 4.220 1,002 07/30/2012 3133XRWE6 01110 Federal Horne Loan Bank 08/12/2008 1,000,000.00 1,010,940.00 1,000,000.00 4.125 4.068 4.125 649 08/12/2011 3133XRXX3 01116 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,027,190.00 1,000,000.00 4.070 4.014 4.070 1,023 08/20/2012 3133XUAE3 01131 Federal Horne Loan Bank 07/27/2009 1,000,000.00 1,005,940.00 1,000,000.00 2.000 1.973 2.000 999 07/27/2012 3133XUBX0 01133 Federal Home Loan Bank 07/30/2009 1,000,000.00 1,008,750.00 1,000,000.00 2.375 2.342 2.375 1,186 01/30/2013 3133XUGS6 01136 Federal Horne Loan Bank 08/26/2009 1,000,000.00 1,013,130.00 1,000,000.00 2.500 2.466 2.500 1,213 02/26/2013 3133XUKA0 01138 Federal Home Loan Bank 08/26/2009 1,000,000.00 1,012,500.00 1,000,000.00 2.580 2.545 2.580 117 02/26/2010 3133XUNQ2 01141 Federal Horne Loan Bank 09/15/2009 1,000,000.00 1,006,250.00 1,000,000.00 1.700 1.677 1.700 865 03/15/2012 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,005,940.00 1,000,000.00 2.100 2.071 2.100 1,272 04/26/2013 3128X8R46 01128 Federal Horne Loan Mtg Corp 06/25/2009 2,000,000.00 2,033,360.00 2,000,000.00 3.000 2.959 3.000 1,332 06/25/2013 3128X8S52 01129 Federal Horne Loan Mtg Corp 06/29/2009 1,000,000.00 1,011,150.00 1,000,000.00 2.450 2.416 2.450 971 06/29/2012 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,130,620.00 2,000,000.00 4.000 3.945 4.000 1,226 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,066,560.00 1,000,000.00 4.000 3.945 4.000 1,242 03/27/2013 3136FHRX5 01126 Federal National Mtg Assn 05/21/2009 1,000,000.00 1,006,560.00 1,000,000.00 2.125 2.096 2.125 1,662 05/21/2014 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,005,630.00 1,000,000.00 2.000 1.973 2.000 1,135 12/10/2012 3136FHY66 01132 Federal National Mtg Assn 08/03/2009 1,000,000.00 1,007,810.00 1,000,000.00 2.000 1.973 2.000 1,006 08/03/2012 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,013,130.00 1,000,000.00 3.000 2.959 3.000 1,730 07/28/2014 3136FJAD3 01140 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,005,310.00 1,000,000.00 2.200 2.170 2.200 1,128 12/03/2012 31398AZD7 01142 Federal National Mtg Assn 09/21/2009 1,000,000.00 1,000,000.00 1,000,000.00 2.170 2.140 2.170 1,236 03/21/2013 3136FJFD8 01143 Federal National Mtg Assn 09/28/2009 1,000,000.00 1,001,250.00 1,000,000.00 2.050 2.022 2.050 1,153 12/28/2012 3136FJHX2 01146 Federal National Mtg Assn 10/28/2009 1,000,000.00 999,380.00 1,000,000.00 2.000 1.973 2.000 1,153 12/28/2012 Subtotal and Average 25,741,935.48 28,000,000.00 28,452,030.00 28,000,000.00 2.843 2.883 1,096 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Investment Contracts 95453518 -1 88 -12 GEN IM 95453516 -1 88 -12 RES 2 Run Date: 11/23/2009 1 4:38 Subtotal and Average 12,526,54710 IXIS Funding Corp IXIS Funding Corp Subtotal and Average 2,031,468.76 City of Temecula, California Portfolio Management Portfolio Details Investments October 31, 2009 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,026,560.00 1,000,000.00 5.000 4.934 5.002 206 05/26/2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,055,000.00 1,993,700.00 2.630 2.703 2.740 536 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,046,880.00 998,140.00 3.500 3.514 3.563 701 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,045,630.00 999,000.00 3.625 3.610 3.661 621 07/15/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,007,500.00 997,500.00 2.250 2.284 2.316 1,366 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,010,940.00 1,000,000.00 2.150 2.121 2.150 1,191 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 996,880.00 1,000,000.00 1.550 1.529 1.550 1,079 10/15/2012 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,045,940.00 998,570.00 3.625 3.626 3.676 607 07/01/2011 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,020,630.00 1,000,000.00 2.100 2.071 2.100 813 01/23/2012 3133XTN85 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,010,630.00 1,000,000.00 1.500 1.479 1.500 736 11/07/2011 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,021,880.00 1,000,000.00 2.250 2.219 2.250 953 06/11/2012 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,003,130.00 991,250.00 1.750 2.024 2.052 1,013 08/10/2012 07/24/1998 07/24/1998 13,000,000.00 13,291,600.00 12,978,160.00 2.678 2.716 797 500,000.00 1,531,468.76 500,000.00 1,531,468.76 2,031,468.76 2,031,468.76 Page 5 500,000.00 5.430 5.509 5.585 2,861 09/01/2017 1,531,468.76 5.430 5.509 5.585 2,861 09/01/2017 2,031,468.76 5.509 5.585 2,861 Total and Average 178,631,746.42 163,574,119.68 164,391,837.30 163,552,279.68 1.271 1.288 289 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 11/23/2003 14:38 Average Balance 0.00 Total Cash and Investments 178,631,746.42 City of Temecula, California Portfolio Management Portfolio Details Cash October 31, 2009 Average Purchase Stated YTM YTM Days to Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA #1202 AAA #1202 COMMUNITY BANK 07/01/2009 909,052.76 909,052.76 909,052.76 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2009 955,107.84 955,107.84 955,107.84 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2009 1,280,649.93 1,280,649.93 1280,649.93 0.000 0.000 1 Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2009 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2009 23,299.48 23,299.48 23,299.48 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 2,796,969.03 2,796,969.03 2,796,969.03 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2009 10,623.00 10,623.00 10,623.00 0.000 0.000 1 169,552,63132 170, 370,349.34 169, 530, 79132 1.271 1.288 289 Page 6 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through October 31, 2009 Fund Total 001 GENERAL FUND $45,669,764.57 100 STATE GAS TAX FUND $566,133.44 101 STATE TRANSPORTATION FUND 1,374,401.96 120 DEVELOPMENT IMPACT FUND 4,947,737.60 140 COMMUNITY DEV BLOCK GRANT 109.39 150 AB 2766 FUND 430,085.42 160 AB 3229 COPS 43.35 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 6,783,918.88 170 MEASURE A FUND 7,466,235.35 190 TEMECULA COMMUNITY SERVICES DISTRICT 144,069.51 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 1,786.11 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 310,622.88 194 TCSD SERVICE LEVEL "D" 245,291.75 195 TCSD SERVICE LEVEL "R" STREET /ROAD 37,827.81 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 154,633.45 197 TEMECULA LIBRARY FUND 1,363,009.41 210 CAPITAL IMPROVEMENT PROJECT FUND 31,175,842.66 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 4,610,968.79 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 1,291,356.17 276 CFD 03 -6 HARVESTON 2 IMPROVEMENT FUND 158,164.84 277 CFD RORIPAUGH 31,505,416.26 280 REDEVELOPMENT AGENCY CIP PROJECT 4,776,091.95 300 INSURANCE FUND 979,230.22 310 VEHICLES FUND 826,285.80 320 INFORMATION SYSTEMS 525,975.73 330 SUPPORT SERVICES 311,216.21 340 FACILITIES 173,634.89 370 CITY 2008 COP'S DEBT SERVICE 853,576.53 375 SUMMER YOUTH EMPLOYMENT PROGRAM 2,056.80 380 RDA DEBT SERVICE FUND 6,658,466.94 390 TCSD 2001 COP'S DEBT SERVICE 16,120.43 460 CFD 88 -12 DEBT SERVICE FUND 3,696,716.18 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 819,914.67 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,413,302.59 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 113,332.55 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 2,696,703.70 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 402,784.75 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 7,866,540.73 700 CERBT CALIFORNIA EE RETIREE- GASB45 979.07 Grand Total: $170,370,349.34 Item No. 5 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 8, 2009 SUBJECT: Financial Statements for the Three Months Ended September 30, 2009 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: The City Council: 1. Receive and file the Financial Statements for the Three Months Ended September 30, 2009. 2. Approve a decrease of $85,000 in Operating Transfers Out from State Transportation Fund with corresponding decrease to Operating Transfer In to the General Fund. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the Three Months Ended September 30, 2009. Please see the attached Financial Statements for an analytical review of financial activity. The proposed decrease transfer from the State Transportation Fund to the General Fund is primarily due to Proposition 42 allocations received in Fiscal Year 2008 -09, and programmed in Fiscal Year 2010 -14 for the Capital Improvement Budget, were less than anticipated. FISCAL IMPACT: The decrease will impact State Transportation Fund and decrease General Fund's Fiscal Year 2009 -10 budgeted Undesignated Fund Balance by $85,000. ATTACHMENTS: Combining Balance Sheet as of September 30, 2009 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2009 Combining Statement of Net Assets (Internal Service Funds, California Employee Retiree Benefit Trust) as of September 30, 2009, and Combining Statement of Revenues, Expenses and Changes in Net Assets (Internal Service Funds) and Statement of changes in Fiduciary Net Assets(California Employee Retiree Benefit Trust Fund) for the Three Months Ended September 30, 2009. CITY OF TEMECULA Combining Balance Sheet as of September 30, 2009 And Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2009 And Combining Statement of Net Assets (Internal Service Funds, California Employee Retiree Benefit Trust Fund) as of September 30, 2009, and Combining Statement of Revenues, Expenses and Changes In Net Assets,Statement of Changes in Fiduciary Net Assets for the Three Months Ended September 30, 2009 (Unaudited) Prepared by the Finance Department Liabilities and Fund Balances: Liabilities: Due to Other Funds Other Current Liabilities $11,687,305 Deferred Revenue 2,687,904 Total Liabilities CITY OF TEMECULA Combining Balance Sheet As of September 30, 2009 General Gas Tax State Trans Dev Impact Recovery JAG CDBG Fund Fund Fund Fund Fund Fund Assets: Cash and Investments $49,596,486 $1,372,731 $4,878,431 Receivables 5,568,111 $566,211 4,692 16,927 $2,127 $385,921 Due from Other Funds 1,059,408 Advances to Other Funds 1,558,878 Deposits 1,325 Inventory 3,058 Total Assets $57,787,266 $566,211 $1,377,423 $4,895,358 $2,127 $385,921 $566,211 $240,177 $963 $385,921 $17,659 1,164 14,375,209 566,211 240,177 17,659 2,127 385,921 Fund Balances: Reserved 7,776,432 1,146,345 Designated 31,138,519 1,137,246 3,731,354 Undesignated 4,497,106 Total Fund Balances 43,412,057 1,137,246 4,877,699 Total Liabilities and Fund Balances $57,787,266 $566,211 $1,377,423 $4,895,358 $2,127 $385,921 NOTE: These Balances are Unaudited 1 Total Assets Liabilities and Fund Balances: NOTE: These Balances are Unaudited CITY OF TEMECULA Combining Balance Sheet As of September 30, 2009 AB 2766 AB 3229 Measure A CIP Debt Service Fund Fund Fund Fund Fund Assets: Cash and Investments $429,631 $7,329,882 $33,749,920 $851,702 $98,208,783 Receivables 1,296 $58 153,863 640,618 121 7,337,818 Due from Other Funds 385,910 1,445,318 Advances to Other Funds 1,558,878 Deposits 1,325 Inventory 3,058 $430,927 $58 $7,483,745 $34,776,448 $851,823 $108,555,180 Liabilities: Due to Other Funds $58 $1,192,367 Other Current Liabilities $5,134,226 16,839,190 Deferred Revenue 2,687,904 Total Liabilities 58 5,134,226 20,719,461 Fund Balances: Reserved $1,346,809 29,642,222 $851,823 40,763,631 Designated $430,927 6,136, 936 42,574,982 Undesignated 4,497,106 Total Fund Balances 430,927 7,483,745 29,642,222 851,823 87,835,719 Total Liabilities and Fund Balances $430,927 $58 $7,483,745 $34,776,448 $851,823 $108,555,180 2 TOTAL CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual General Fund for the Three Months Ended September 30, 2009 Annual Percent Amended Total of Budget Activity Budget REVENUES: Sales Tax- State $18,699,059 $3,649,351 20% (1) Sales Tax Triple Flip 5,257,541 0% (2) Developmental Services: Planning 651,877 104,156 16% (3) Building Safety 1,575,803 332,703 21% Land Development 406,301 53,331 13% (4) Public Works- NPDES 11,585 0% (4) Police 624,657 166,035 27% Fire 464,882 158,032 34% Motor Vehicle In Lieu- State 540,874 79,141 15% (5) Motor Vehicle In Lieu Triple Flip 6,343,349 0% (2) Homeowner Property Tax Relief 75,825 0% (2) Property Tax 5,051,984 224,232 4% (2) Property Transfer Tax 497,906 118,745 24% Franchise Fees 3,441,333 742,389 22% Transient Occupancy Tax 2,336,801 492,903 21% Reimbursements Financing 192,500 48,250 25% Reimbursements Other 2,030,000 28,340 1% (6) Reimbursements from RDA 110,000 27,500 25% Reimbursements from CIP 2,469,035 577,186 23% Investment Interest 1,114,511 275,610 25% Investment Interest RDA Loan Repayment 238,633 238,633 100% (7) Business Licenses 319,000 20,615 6% (8) Vehicle Code Fines 864,923 162,736 19% Bids Proposals 11,000 2,160 20% Advertising 25,316 6,630 26% Lease Income 7,500 3,315 44% Miscellaneous 10,000 3,008 30% Operating Transfers In 3,933,751 988,353 25% TOTAL REVENUES $57,305,946 $8,503,354 15% NOTES Revenues: (1) The variance in sales tax is primarily due to a continued statewide economic downturn. (2) Property taxes and "triple flip" revenues are scheduled to be received in January 2010 and May 2010. (3) The variance in Planning is primarily due to a decrease in the number of submitted plan applications for new project development. (4) The variance is due to the timing of development activities between applications submitted and the issuance of permits. (5) Annual AB 1600 Motor Vehicle in Lieu payments for Redhawk annexation is expected to be received in June 2010. (6) $2,000,000 from Tribal Gaming Fund is expected to be received prior to end of the fiscal year. (7) Annual RDA loan repayment to the General Fund was made in September 2009. (8) Business license renewals will primarily occur in December 2009 and January 2010. CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual General Fund for the Three Months Ended September 30, 2009 Annual YTD Percent Amended YTD Activity of Budget Activity Encumbrances Encumbrances Budget Expenditures: City Council $441,421 $102,597 $15,923 $118,520 27% Community Support 155,400 1,980 5,000 6,980 4% 1) City Manager 1,267,994 279,284 50,982 330,266 26% Economic Development 978,962 131,077 55,378 186,455 19% City Clerk 1,030,100 240,843 21,973 262,816 26% City Attorney 821 ,300 145,583 145,583 18% Finance 2,094,958 482,005 35,389 517,394 25% Human Resources 557,614 130,788 44,376 175,164 31% Planning 2,339,178 685,520 203,437 888,957 38% Building Safety 2,437,644 592,418 106,088 698,506 29% Land Development 1,464,093 421,250 12,989 434,239 30% Public Works 5,946,231 1,240,759 573,983 1,814,742 31% CIP Administration 2,469,035 596,291 4,361 600,652 24% Police 21,141,137 5,096,379 219,534 5,315,913 25% Fire 4,504,423 1,097,686 85,837 1,183,523 26% Animal Control 171,000 39,000 39,000 23% Non Departmental 8,096,239 2,029,904 2,029,904 25% Total Expenditures (Excluding Transfers) 55,916,729 13,313,364 1,435,250 14,748,614 26% Revenues Over /(Under) Expenditures 1,389,217 (4,810,010) Other Financing Sources (uses): Transfers Out (15,466,711) (1,000,000) Revenues Over /(Under) Expenditures and Other Financing Sources(uses) (14,077,494) (5,810,010) Beginning Fund Balance, July 1, 2009 49,222,067 49,222,067 Ending Fund Balance, Sept 30, 2009 $35,144,573 $43,412,057 NOTES Expenditures: 1) The variance in community support is due community service funding award payments will not be made until next quarter. 4 CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Gas Tax Fund for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget Revenues: Section2105 -2107 $1,618,207 $434,389 27% Investment Interest Total Revenues Other Financing Sources (uses): Transfers Out Revenues Over /(Under) Other Financing Sources(uses' Beginning Fund Balance, July 1, 2009 Ending Fund Balance, September 30, 2009 5 1,618,207 434,389 27% (1,618,207) (434,389) 27% CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual State Transportation Fund for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget Revenues: Traffic Congestion Relief $955,879 (1) Investment Interest 4,828 6,427 133% Total Revenues 960,707 6,427 1% Other Financing Sources (uses): Transfers Out ($2,504,642) Revenues Over /(Under) Expenditures (1,543,935) (321,750) and Other Financing Sources (uses) Beginning Fund Balance, July 1, 2009 $1,458,996 $1,458,996 Ending Fund Balance, September 30, 2009 ($84,939) (3) $1,137,246 Notes: (1) Quarterly payments have been deferred until May 2010 with the adoption of the 2009 -2010 State Budget. (2) Proposition 1B funded programs are in preliminary stage. (3) The variance is due to less than anticipated Proposition 42 allocations received in Fiscal Year 2008 -09. 6 (328,177) 13% (2) CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Development Impact Fund for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget Revenues: Open Space $64,609 $24,737 38% Investment Interest 23,189 Quimby 31,390 Street Improvements 3,050,184 50,363 2% Traffic Signals 433,185 7,169 2% Parks 221,661 84,868 38% Corporate Facilities 196,323 26,239 13% Fire Protection 118,426 15,534 13% Library 72,563 35,257 49% Public Art 23,085 1,688 7% Police 103,656 11,022 11% Total Revenues 4,315,082 280,066 6% (1) Expenditures: Black Property Interest Black Property Payment Total Expenditures 23,682 314,635 338,317 Revenues Over /(Under) Expenditures 3,976,765 280,066 7% Other Financing Sources(uses): Transfers Out (8,856,512) (524,171) 6% (2) Revenues Over /(Under) Expenditures (4,879,747) (244,105) and Other Financings Sources (uses) Beginning Fund Balance, July 1, 2009 5,121,804 5,121,804 Ending Fund Balance, September 30, 2009 $242,057 $4,877,699 NOTES: (1) The variance in Development Impact Fee revenues is due to a continued decline in building activity and the timing planned developments. (2) The variance in expenditures is due to Capital Improvement Projects funded with DIF that have started but not yet completed during this quarter. 7 Revenues: Grant Revenue Total Revenues Expenditures: Operating Expenditures Total Expenditures Revenues Over /(Under) Expenditures Beginning Fund Balance, July 1, 2009 Ending Fund Balance, Sept 30, 2009 CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Recovery Act JAG Funding for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget Notes: (1) Police have yet to incur qualifying overtime operations for Mall Patrol and Youth Court JAG funded programs. 8 $119,338 $2,127 2% (1) 119,338 2,127 2% 119,338 2,127 2% (1) 119,338 2,127 2% Revenues: Grant Revenue Total Revenues Expenditures: Other Outside Services Revenues Over/(Under) and Other Financing Sources(uses): Beginning Fund Balance, July 1, 2009 Ending Fund Balance, Sept 30, 2009 NOTES: CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Community Development Block Grant for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget 9 $2,077,309 $223,807 11% (1) 2,077,309 223,807 11% 56,180 Total Expenditures 56,180 Revenues Over/(Under) Expenditures 2,021,129 223,807 11% Other Financing Sources(uses): Transfers Out (2,021,129) (223,807) 11% (1) (1) Revenues are based on reimbursements directly related to current eligible project expenditures. The Temecula Community Center Expansion is in the process of finalizing the design and preparing the bid construction for the Escalier House portion of the project and the Old Town Gym project is in the design stage. Revenues: AB 2766 Investment Interest Total Revenues Expenditures: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2009 Ending Fund Balance, Sept 30, 2009 Notes: CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual AB 2766 Fund for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget $118,545 1,777 118,545 1,777 1% 118,545 1,777 (138,166) (19,621) 1,777 429,150 429,150 $409,529 $430,927 (1) The first quarterly payments from South Coast Air Quality is scheduled to be received in December 2009 (2) The Capital Projects Santa Getrudis Creek Pedestrian Bicycle Trail Extension is in design stage and the Temecula Park and Ride project have not yet started. 10 (2) CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual AB 3229 COPS for the Three Months Ended September 30, 2009 Revenues: Investment Interest $78 AB 3229 COPS $100,000 Total Revenues 100,000 78 Other Financing Sources(uses): Transfers Out (100,000) (78) 0% Revenues Over /(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance, July 1, 2009 Ending Fund Balance, September 30, 2009 Notes: (1) Revenues from State are expected to be received in January 2010. Annual Amended Total Percent Budget Activity of Budget 0% Revenues Over /(Under) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2009 Ending Fund Balance, September 30, 2009 CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Measure "A" for the Three Months Ended September30, 2009 Annual Amended Total Percent Budget Activity of Budget Revenues: Measure "A" $862,163 $281,545 33% Investment Interest 37,400 Total Revenues 862,163 318,945 37% Other Financing Sources (uses): Transfers Out (6,619,036) (1,253,199) 19% (5,756,873) (934,254) 8,417,999 8,417,999 $2,661,126 $7,483,745 12 REVENUE: Operating Transfers In Grants Reimbursements Reimbursements- TUMF Investment interest TOTAL REVENUES CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Capital Improvement Projects Fund for the Three Months Ended September 30, 2009 EXPENDITURES: Citywide Adaptive Traffic Light Synchronization Nicolas Valley Assessment District Liefer Road Road Storm Drain Repair Rancho Cal Road Reconstruction Jedediah Smith Rd. Slurry Seal Paloma Del Sol Temeku Hills Old Town Police Substation Temecula Police Station Tenant Improvement Old Town Sound System Retrofit Murrieta Creek Bridge /Overland Extension to Diaz Abbott Corporation Roadway Improvements Medians and Parkway City Wide Closed Caption TV Install SR79S Pechanga Pechanga Parkway Dual Right Turn Lanes Winchester Rd SR 79 N Corridor Beautification Old Town Infrastructure Projects Civic Plaza Old Town Infrastructure- Parking Structure /O /R Old Town Infrastructure Relocate /Grading /Demo. Pavement Rehabilitation Program- Citywide Pavement Rehabilitation De Portola Road Pavement Rehabilitation -STPL Project Western Bypass Bridge Over Murrieta Creek I -15 79S Interchange- Ultimate Santiago Detention Basin Pechanga Parkway Improvements Signals- Butterfield Stage Welton Annual Amended Budget $72,606,601 $19,539,858 11,897,171 359,128 999,450 112,666 8,994,418 152,158 65,424 $94,497,640 $20,229,234 YTD Activity Encumbr. 165 -501 618,000 64 165 -504 108,677 6,571 50,154 165 -510 340,694 498 165 -511 295,347 498 135,890 165 -512 819,894 165 -513 440,000 165 -514 100,000 165 -515 15,000 165 -602 1,451,002 11,975 83,074 165 -620 750,000 165 -622 360,548 165 -635 308,158 56,195 76,500 165 -637 391,383 311,145 33,252 165 -638 3,010,792 2,623 165 -643 507,366 108,514 170,838 165 -644 9,080,241 3,287,276 5,431,137 165 -645 302,845 95,051 175,559 165 -655 1,130,000 17 5,086 165 -656 998,111 692,971 191,488 165 -657 4,067,358 191,638 3,772,981 165 -660 408,372 79,462 192,424 165 -662 2,451,326 73,465 2,041,340 165 -666 23,855 3,351 20,371 165 -668 1,286,203 382,775 317,085 165 -669 220,218 179,648 6,238 Percent Total of Activity Budget $19,539,858 27% 359,128 3% 112,666 11% 152,158 2% 65,424 $20,229,234 21% (1) 64 0% 56,725 52% 498 0% 136,388 46% 0 0% 0 0% 0 0% 0 0% 95,049 7% 0 0% 0 0% 132,695 43% 344,397 88% 2,623 0% 279,352 55% 8,718,413 96% 270,610 89% 5,103 0% 884,459 89% 3,964,619 97% 271,886 67% 2,114,805 86% 23,722 99% 699,860 54% 185,886 84% NOTES: (1) The variance in revenues is primarily due to several Capital Improvement projects funded where expenditures eligible for reimbursement have not yet been expended or reimburse during this quartei 13 CITY OF TEMECULA Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Capital Improvement Projects Fund for the Fiscal Year Ended September 30, 2009 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Expenditures: Flashing Beacons 165 -670 40,000 2,392 2,392 6% Temecula City Entry Monumentation 165 -671 150,000 0 0% Signals- Meadows at McCabe 165 -672 215,933 179,640 6,218 185,858 86% Temecula Parkway Striping Modification I -15 165 -676 197,173 3,485 7,249 10,734 5% Temecula Creek Crossing Access to Temecula Prky 165 -677 1,431 0 0% Signal Meadows Parkway Pauba 165 -678 232,500 124 124 0% Signal Rancho California Yukon 165 -679 232,500 0 0% Traffic Signal Equipment Installation 165 -712 336,098 3,889 233,139 237,028 71% Citywide Storm Drain Improvements 165 -715 201,852 0 0% French Valley Prkwy I -15 Overcrossing Improvement 165 -719 4,131,230 16,054 43,595 59,649 1% Butterfield Stage Rd. Extension 165 -723 25,339,212 13,638,824 13,638,824 54% French Valley Parkway I -15 Overcrossing 165 -726 6,811,662 103,703 1,199,517 1,303,220 19% Murrieta Creek Improvements 165 -735 43,573 0 0% Pedestrian Bicycle BridgeSantaGertrudis /CHS 165 -738 1,287,109 19,566 41,993 61,559 5% Santa Gertrudis Creek Pedestrian Trail 165 -739 217,095 8,561 187,760 196,321 90% Fire Station Roripaugh Ranch 165 -741 605,998 322,505 322,505 53% Main Street Bridge Over Murrieta Creek Replace 165 -743 6,935,778 31,809 81,795 113,604 2% Erosion Control Margarita Long Canyon 165 -746 237,367 14,112 14,112 6% Temecula Park Ride 165 -747 69,318 23,674 23,674 34% Old Town Civic Center -Phase II 165 -751 34,551,658 3,035,937 27,202,962 30,238,899 88% Murrieta Creek Multi- Purpose Trail 190 -142 95,493 13,840 81,618 95,458 100% Redhawk Park Improvements 190 -144 1,248,110 27,856 43,633 71,489 6% Reclaimed Water Irrigation Retrofit 190 -150 500,000 0 0% Neighborhood Park Security Lighting 190 -151 40,000 0 0% Play Structure Retrofit at Various Parks 190 -179 114,996 55,143 55,143 48% Old Town Gymnasium 190 -186 338,604 6,381 295,589 301,970 89% Ronald Reagan Sports Channel Silt Desilting 190 -187 484,958 21 7,992 8,013 2% Roripaugh Rancho Open Space Trails 190 -195 9,626 0 0% Temecula Community Center Expansion 190 -197 1,173,011 326,914 165,918 492,832 42% Developer Reimbursement Serena Hills 190 -200 265,815 265,815 265,815 100% Temecula Children's Museum Refurbish 190 -675 187,590 3,216 19,650 22,866 12% TOTAL EXPENDITURES 115,781,078 23,224,284 42,684,959 65,909,243 57% (1) Revenues Over /(Under) Expenditures (21,283,438) (2,995,051) Beginning Fund Balance, July 1, 2009 32,637,273 32,637,273 Ending Fund Balance, September 30, 2009 $11,353,835 $29,642,222 NOTES: (1) The variance in expenditures is due to encumbrances that are recorded for the Old Town Civic Center and other major Capital Improvements Projects for the entire year. 14 CITY OF TEMECULA Certificates of Participation Debt Service Fund- 2008 Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment Interest $12,000 $165 $165 1% Transfer In 1,540,387 1,000,000 1,000,000 65% (1) Total Revenues 1,552,387 1,000,165 1,000,165 64% Expenditures: Trustee Fees 3,675 3,675 3,675 100% Debt Service Principal 430,000 430,000 430,000 100% Debt Service Interest 1,145,098 575,129 575,129 50% Total Expenditures 1,578,773 1,005,129 3,675 1,008,804 64% (2) Revenues Over /(Under) Expenditures (26,386) (4,964) Other Financing Sources (Uses): Transfers Out (30,660) Revenues Over /(Under) Expenditures (57,046) (4,964) and Other Financing Sources (Uses) Beginning Fund Balance, July 1, 2009 856,787 856,787 Ending Fund Balance, September 30, 2009 $799,741 $851,823 Notes: (1) The variance in Transfers In is due to the timing of debt service payments paid in September 2009. (2) The debt service interest is due and payable in September of this fiscal year. 15 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total ASSETS: Cash and investments $1,001,706 $819,472 $727,844 $349,618 $245,067 $3,143,707 Receivables 3,036 2,584 7,816 3,713 1,516 18,665 Prepaid assets 140,621 140,621 Property, plant and equipment (net of accumulated depreciation) 1,174,010 371,745 65,429 1,611,184 TOTAL ASSETS $1,145,363 $1,996,066 $1,107,405 $418,760 $246,583 $4,914,177 LIABILITIES AND NET ASSETS: LIABILITIES: Current Liabilities $249,623 $0 $253,048 $35,401 $74,261 $612,333 Capital Leases Payable 101,633 101,633 TOTAL LIABILITIES 249,623 0 253,048 137,034 74,261 713,966 NOTE: These balances are unaudited. CITY OF TEMECULA Internal Service Funds Combining Statement of Net Assets As of September 30, 2009 NET ASSETS: TOTAL NET ASSETS $895,740 $1,996,066 $854,357 $281,726 $172,322 $4,200,211 16 CITY OF TEMECULA Combining Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds for the Three Months Ended September 30, 2009 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total REVENUES: Investment Interest $4,118 $3,538 $2,425 $1,355 $622 $12,058 Charges for Services 173,342 34,826 394,688 86,093 188,796 877,745 TOTAL REVENUES 177,460 38,364 397,113 87,448 189,418 889,803 EXPENSES: Salaries Wages 13,414 277,677 56,609 98,879 446,579 Operating Expenses 166,353 112,489 15,417 82,313 376,572 Interest 1,813 1,813 Depreciation 82,480 56,008 7,596 146,084 TOTAL EXPENSES 179,767 82,480 446,174 81,435 181,192 971,048 Revenues Over /(Under) Expenses (2,307) (44,116) (49,061) 6,013 8,226 (81,245) Net Assets, July 1, 2009 898,047 2,040,182 903,418 275,713 164,096 4,281,456 Net Assets, September 30, 2009 $895,740 $1,996,066 $854,357 $281,726 $172,322 $4,200,211 17 CERBT Fund ASSETS: Cash and Investments $3,239,097 TOTAL ASSETS $3,239,097 CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Statement of Net Assets Fiduciary Fund As of September 30, 2009 LIABILITIES: Accounts Payable $18,021 CITY OF TEMECULA TOTAL LIABILITIES 18,021 NET ASSETS: Held in Trust for Retiree Benefits TOTAL NET ASSETS NOTE: These balances are unaudited. 18 $3,221,076 ADDITIONS CITY OF TEMECULA Statement of Changes in Fiduciary Net Assets CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Fiduciary Fund for the Three Months Ended September 30, 2009 Contributions: Employer $30,000 Investment Earnings 475,319 Total Contributions 505,319 DEDUCTION S Benefits $45,508 Administrative Cost Total Deductions 45,508 Total Additions 459,811 Net Assets, July 1, 2009 2,761,265 Net Assets, September 30, 2009 $3,221,076 CERBT Fund Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 8, 2009 SUBJECT: Vehicle Repair and Maintenance Agreement Approvals City Attorney Director of Finance City Manager PREPARED BY: Roberto Cardenas, Fiscal Services Manager 0 /-e-r• oaL RECOMMENDATION: That the City Council approve a two -year Vehicle Repair and Maintenance Agreement with Old Town Tire Service LLC, in an amount not to exceed $86,000 annually. BACKGROUND: The City enters into vehicle maintenance agreements to service the City's fleet once the vehicle manufacturer's warranty has expired, thereby ensuring the continuation of routine preventive and operational maintenance services. Vehicle service includes maintenance, repair, and tire services for City trucks, sedans, vans, SUV's, and heavy equipment on an as needed basis. On August 8, 2006, the City Council approved a City Vehicle Maintenance Agreement with Old Town Tire Service LLC for an annual amount not to exceed $50,000. Since that time, the City's fleet and maintenance schedule has grown necessitating the need to evaluate costs. On October 27, 2009, the City issued a Request for Proposal (RFP) soliciting proposals from proponents experienced in automotive maintenance, repair, and tire services within a reasonable proximity (not to exceed a two -mile radius outside City limits) of City Hall. In addition to listing the RFP on the City's website, staff contacted local car dealership fleet managers by phone. Furthermore, a news blast regarding the RFP was sent to members of the Temecula Chamber of Commerce. The City received four responses to the RFP on or before the submission deadline of November 6, 2009. Two of the four responses met the City's needs for scheduled preventive maintenance at 4, 12, 24, and 36 -month intervals, and have sufficient facility space, equipment, and trained technicians to perform a wide variety of automotive maintenance, repair, and tire service functions as identified in the RFP. Based on a thorough evaluation process, the evaluation panel determined Old Town Tire Service LLC to be the most qualified and competitively priced proposal to provide the City with continuous and cost effective vehicle preventative maintenance and repair services. As a result, staff is recommending an agreement with Old Town Tire Service LLC, in an amount not to exceed $86,000 annually. FISCAL IMPACT: Adequate funds are available in the fiscal year 2009 -10 Annual Operating Budget in the various City Department line item budgets. ATTACHMENT: Non Exclusive Agreement Between The City of Temecula and Old Town Tire Service LLC for Vehicle Maintenance, Repair Tire Services. THIS AGREEMENT is made and effective as of December 8, 2009, between the City of Temecula a municipal corporation (hereinafter referred to as "City and Old Town Tire Service LLC, a sole proprietorship (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on December 8, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 8, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year term. In no event shall the contract be extended beyond December 8, 2014. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. FIN09 -14 NON EXCLUSIVE AGREEMENT FOR VEHICLE MAINTENANCE, REPAIR TIRE SERVICES BETWEEN THE CITY OF TEMECULA AND OLD TOWN TIRE SERVICE LLC Contractor shall perform the vehicle preventative maintenance, repair and tire services described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full for all vehicles presented by the City to the Contractor for service. Contractor shall complete the work in accordance with the standards and the schedule of performance which is also set forth in Exhibit A. Contractor understands this Agreement is non- exclusive and the City reserves the right to procure similar services from other Contractor's. 3. PERFORMANCE 4. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Eighty -Six Thousand Dollars and No Cents ($86,000.00) annually unless additional payment is approved as provided in this Agreement. The not to exceed payment amount listed herein is R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 1 an estimated expenditure and this Agreement does not guarantee the Contractor this amount in contracted services or work. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 2 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate computerized records with respect to work performed, 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. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non performance of this Agreement, excepting only liability arising out of the negligence of the City. 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. CG 00 01 11 85 or 88. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 3 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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 R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 4 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 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. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 5 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 City of Temecula: To Contractor: 14. ASSIGNMENT City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -o r- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 Old Town Tire Service LLC Attn: Karl Greene III 28700 Old Town Front Street Temecula, CA 92590 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. 15. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 6 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 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. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONTRACTOR (Signatures of two corporate officers are required): By: By: Maryann Edwards, Mayor Printed Name: ATTEST: Title: By: Susan W. Jones, MMC, City Clerk By: Printed Name: APPROVED AS TO FORM: Title: By: Peter M. Thorson, City Attorney Name of Company: Old Town Tire Service, LLC Contact Person at Company: Attn: Karl Greene III 28700 Old Town Front Street Temecula, CA 92590 Phone: 951 -699 -8040 Fax: 951 -695 -1865 E -Mail: oldtowntire @verizon.net FSM Initials: Date: R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 8 Schedule of work is on an as needed basis" and cost shall be per the Contractor's Pricing Sheet as outlined and submitted in attached Request for Proposal (RFP) response dated November 6, 2009 attached hereto and incorporated herein as though set forth in full. Payment shall not exceed $86,000 annually. Contractor shall adhere to the terms and conditions and pricing set forth Exhibit A and attached documents. All costs shall be based on actual time spent providing pre- approved vehicle preventative maintenance, repairs, and tire services. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). Contractor recognizes and agrees that this is for the purpose of establishing a contractual relationship between the City and the Contractor for non exclusive vehicle preventative maintenance, repair and tire services. Contractor shall supply the City with detailed vehicle maintenance, repair, and tire service reporting on a quarterly basis and /or as requested by the City. EXHIBIT A SCOPE OF WORK PAYMENT SCHEDULE The procedure for authorizing service and work is set forth as follows: 1 City staff shall initiate request for services or repair and bring City vehicle to Contractors place of business. Contractor shall supply a written quote for work to be performed based on the pricing attached per RFP response dated November 6, 2009 which shall include, but is not limited to: vehicle make, model, number, description of work to be performed, parts to be ordered, time for completion of service /repair, and cost. 2. Upon acceptance of the Contractor's cost estimate by City authorized staff the Contractor shall proceed with the work and charge to the appropriate purchase order. Contractor shall maintain a computerized maintenance and repair history on each City vehicle and provide data on a quarterly basis, or as requested, to City. R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10 /OId Town Tire.Veh Maint- Repair.FIN09 -14 9 CITY OF TEMECULA VEHICLE REPAIR, MAITENANCE TIRE SERVICE RFP FOR THE CITY FLEET QUALIFICATIONS /SPECIFICATIONS /SCOPE OF WORK "EXHIBIT A" Successful Proponent shall provide the City with experienced staff, to provide vehicle repair, maintenance and tire services. Proposals for the entire scope of services or for a certain component of the RFP will be accepted (example: a proponent may submit for both vehicle maintenance and tire service or just tire service), The submittal must contain the following specific information: r Specification Sheet/Scope of Work (Exhibit A) signed by an individual authorized to bind the submitting entity stating the firm has read and will comply with all terms and conditions of the RFP. An executive summary outlining the Proponents shop profile, capabilities, and relevant experience. General information about the company and repair shop to include the number of service bays. location of repair shop, years in business, type of services provided and equipment available. secured yard, number of staff. in particular number of certified technicians and experience level. List of references for comparable size of work performed, including a summary of similar engagements with other govemmental agencies or organizations with a similar fleet size Response to Proposal Questions (Exhibit B). Attach a statement of warranty for all work to be provided. Attach Price Sheet (Exhibit C). By signing this RFP. Proponent has read, understands the requirements. and will comply with all terms and conditions herein. The individual(s) signing is an authorized official of the company. 15 Signature of Authorized Representative(s): L9Ld //irk f Sf (ZV /cG Company Name Title Printed Name ignature Title R:1FinancelAgreements /Finance Dept Agreernents /Agreements 2009 -10 /Old Town Tire.Veh Maint- Repair.FIN09 -14 10 Hours: MON TUE WED 1 THUR FRI SAT SUN Shop Hours 2 S 8 5 g- 5 5 O' S A 14 5,E Self- Service Pick -up Or Drop-off Hours 7 -630 7- S3c 7 -53) 7- 530 7-53 7- ,230 Engine Repair Auto Transmission Drive Train Steering Suspension Brake Electrical System HVAC Federal A/C Recovery Wheel Tire Hydraulic Lift State Emission Certified Employee Name Job Title: /Oat .e Z L L CAa, T£c Ni nor..i Certification T yp e ASe A Sg 14 5,E As ASS' /45 ASS ASz Years of Experience a p 45e. A 0 2-0 ZC) 20 2.0 2L 2- D 242 Mill Time With Shop: Years: r2 0 Months: >t Work Schedule: Days: (O Hours: 4 1[r CITY OF TEMECULA VEHICLE REPAIR, MAINTENANCE TIRE SERVICE RFP FOR THE CITY FLEET QUALIFICATIONS /SPECIFICATIONS /SCOPE OF WORK PROPONENT QUESTIONS "EXHIBIT B" This Exhibit contains the proposal questions. Proponents shall address the questions in the order presented. The answers to questions in this section will be evaluated and scored to determine the Proponents ability to provide quality service at fair and reasonable prices, while maintaining high standards of customer satisfaction. If a Proponent cannot answer a question or the question pertains to a requirement that is not a part of the Proponents proposal submission then a No Response" must be indicated. If Proponent needs to revise or make changes and additions to the Exhibit, computer or typed alterations are allowed as long as the City format is maintained. 1. Shop name address. 2. Number of years in business. 3. Shop telephone number, fax number and E -Mail. Emergency contact name 24 hour phone number. 4. How many years at this location? 5. How many years under the current ownership? 6. Shop manager's name. 7. Shop owner's name. 8. Number of employees. 9. Indicate technical ability and years of experience per employee, utilizing the sample spreadsheet and certification matrix below: J Journey Level ASE ASE Certification OJT On Job Experience AP Apprentice C State Certified 10. Describe the experience your shop has in providing commercial fleet and /or govemment service. 11. List the hours of operation as follows: 16 SEE_ Po-r R:1FinancelAgreements /Finance Dept Agreements /Agreements 2009- 10/0Id Town Tire.Veh Maint- Repair.FIN09 -14 11 12 Describe the software utilized for maintaining computerized record history. Supply a sample copy of the report(s) available. Can this data be provided via E -Mail? 13. How will Proponent meet required Repair, Maintenance Tire Service Timeline? 14. How would shop visits and work be scheduled? 15. Can Proponent provide a secured yard for City vehicles held overnight? 16. What is your shop's standard inventory on -hand? 17. What is the typical turn around time for ordering and receiving non -stock items? 18. List the tire brand /model of steel belted radials your shop would supply for the corresponding vehicle(s): Vehicle Type Passenger Vehicles Light Duty Trucks Medium Duty Trucks Heavy Duty Trucks SUV Emergency Vehicles (Paramedic Truck) Trailers 17 Suggested Brand .S::M PTO M TG S V ry, r TO MC> rGO D'1�A2 5 r rcm.& Svm r T0n[v rJ ri'1 4ti1 19. How does your shop dispose of un -used tires? 20. Provide State license for smog inspection and certification an all other City. County, State and Federal licenses required as applicable. 21. Attach a statement of warranty for all work to be provided. 22. Attach a list of at least five (5) references. 23. Does your shop provide mobile maintenance services? If so, describe service plan. 24. Does your shop provide emergency roadside assistance and /or towing services? If so, describe service plan and process. 25. Does your shop provide vehicle pick -up and delivery and shuttle services? If so, describe service plan. 26. Does Proponent provide an early pay discount? If so, indicate amount of discount for payment received within days of receipt of non disputed invoice. Note: no less than 15 days will be considered for purpose of bid evaluation. 27. Indicate yes or no if your shop will extend the same prices, terms and conditions other public agencies? R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009 -10 /Old Town Tire.Veh Maint- Repair.FIN09 -14 12 VEHICLE REPAIR MAINTENANCE DESCRIPTION COST Preventative Maintenance Small Vehicle Schedule "1" OZ 9i Preventative Maintenance Medium Vehicle Schedule "1" 6, 9f Preventative Maintenance Large Vehicle Schedule '1" 9s fri Preventative Maintenance Heavy Duty Vehicle Equipment Schedule "1" 3 9S Preventative Maintenance Small Vehicle Schedule "2" Qy 9 Preventative Maintenance Medium Vehicle Schedule "2" �S 39 Preventative Maintenance Large Vehicle Schedule "2" /39 'S Preventative Maintenance Heavy Duty Vehicle Equipment Schedule "2" ,s 3 9 Preventative Maintenance Small Vehicle Schedule "4" 9 9S Preventative Maintenance Medium Vehicle Schedule `4" 11- a 9 Preventative Maintenance Large Vehicle Schedule "4' yr 02 6. 9 Preventative Maintenance Heavy Duty Vehicle Equipment Schedule "4" 2 S'/ 9 Shop Rate Per Hour: Small Vehicles (1/2 Ton Trucks, Automobiles, Minivans) Medium Vehicles (3/4 Ton Trucks, SUV's) Large Vehicles (1 Ton Trucks, Cargo Vans) Heavy Duty Vehicles Equipment (Aerial Boom Trucks, Paramedic Vehicles, Tractors Backhoe's) Parts Will Be Charge At Wholesale Prices Minus The Percentage Listed. per hour sO 8 per hour co S per hour ;D .5 per hour t 0 CITY OF TEMECULA VEHICLE REPAIR, MAINTENANCE TIRE SERVICE RFP FOR THE CITY FLEET PRICING SHEET "EXHIBIT C" 18 R: /Finance/Agreements /Finance Dept Agreements /Agreements 2009 -10 /Old Town Tire.Veh tvlaint- Repair.FIN09 -14 13 TIRE SERVICE DESCRIPTION DESCRIPTION COST Vehicle Pick -up Delivery Services Available? Yes Tire Repair New Mounting: Small Vehicles (1/2 Ton Trucks, Automobiles, Minivans) Medium Vehicles (3/4 Ton Trucks, SUV's) Large Vehicles (1 Ton Trucks, Cargo Vans) Heavy Duty Vehicles Equipment (Aerial Boom Trucks, Paramedic Vehicles, Tractors Backhoe's) Sv per hour per hour per hour per hour So 7 g7 so Sv O 7 Wheel Balancing azo 1 O Alignments 9 if Flat Repairs sr) 1 6 Tire Disposal LI Trailers Parts Will Charged At Wholesale Prices Minus the Percentage Listed 1 0 VEHCILE PICK -UP DELIVERY SHUTTLE SERVICE DESCRIPTION COST Vehicle Pick -up Delivery Services Available? Yes No Shuttle Services Available? Yes No CITY OF TEMECULA VEHICLE REPAIR, MAINTENANCE TIRE SERVICE RFP FOR THE CITY FLEET PRICING SHEET "EXHIBIT C" MOBILE VEHICLE REPAIR MAINTENANCE DESCRIPTION Mobile Repair Services Available? Yes No X COST Indicate cost as outlined in Repair Maintenance Price Sheet. 19 R: /Finance/Agreements /Finance Dept Agreements /Agreements 2009- 1010Id Town Tire.Veh Maint- Repair.FI N09 -14 14 EMERGENCY ROADSIDE ASSISTANCE TOWING SERVICES DESCRIPTION COST Flat Tire Changes Flat Rate Lockout/Locksmith Service Flat Rate Jumpstarts Fuel Delivery Flat Rate Fuel charge will be billed separately Small Vehicles within 26 mile radius of City Hall. Flat Rate Small Vehicles each mile over 26 mile radius "one way Must provide odometer reading. Flat Rate /Mile Medium Vehicles within 26 mile radius of City Hall Flat Rate Medium Vehicles each mile over 26 mile radius "one way Must provide odometer reading. Flat Rate /Mile Large Vehicles within 26 mile radius of City Hall per hour smog per hour smog per hour smog per hour smog Large Vehicles each mile over 26 mile radius one way Must provide odometer reading. s 8 Heavy Duty Vehicles Equipment within 26 mile radius of City Hall. Flat Rate Heavy Duty Vehicles Equiprnent each mile over 26 mile radius one way'. Must provide odometer reading. Flat Rate /Mile Dolly Tow Flat Rate SMOG TESTING CERTIFICATION SERVICE DESCRIPTION COST Preventative Maintenance Smog All Vehicles Schedule "3" 55 Pre. T est G% Certification 0 Shop Rate Per Hour: Small Vehicles (1/2 Ton Trucks, Automobiles. Minivans) Medium Vehicles (3/4 Ton Trucks, SUV's) Large Vehicles (1 Ton Trucks, Cargo Vans) Heavy Duty Vehicles Equipment (Aerial Boom Trucks, Paramedic Vehicles, Tractors Backhoe's) co 2 7 per hour smog per hour smog per hour smog per hour smog so g s 8 so g7 CITY OF TEMECULA VEHICLE REPAIR, MAINTENANCE TIRE SERVICE RFP FOR THE CITY FLEET PRICING SHEET "EXHIBIT C" All rates quoted for Emergency Roadside Assistance/Towing Services will reflect a 24 -hour service price. 20 R: /Finance/Agreements /Finance Dept Agreements /Agreements 2009 -10 /Old Town Tire.Veh Ivlaint- Repair.FIN09 -14 15 1. Shop Name: Old Town Tire Service 28700 Old Town Front Street Temecula, CA 92590 2. Years in Business: 20 consecutive years within the City of Temecula 3. Phone: 951- 699 -8040 Fax:951 -695 -1865 Email: oldtowntire@verizon.net Emergency Contact: Keith Greene 951 634 -5727 4. Year at current location: 20 years 5. Years current ownership: 20 years 6. Shop Manager name: Karl Greene or Keith Greene 7. Shop Owners Name: Karl Greene III (50%) Karl Greene IV (25%) Keith Greene (25 8. Number of employees: 7 including management staff 9. Technician list with abilities: See Below sedemi State Engne Auto Drive Steering& Electrical A/C Wheal Hydraulic Emission repai' Transmnslon Train Suspension Brakes System HVAC Recovery &Tire Lih Certified 1 AS 1 ASE I I ASE 1 Kan C Greene iv Partner and lead Technician 25 year experience ASE 1 ASE 1 ASE 1 ME Steve Dpminid Journeyman Te hniran ME Student 10 years experience 1 1 1 I ASE W Wm Goodnight Lead Tin. Labe Techn even 15 years expevAce 1 I 1 kale Moreno The tube Tells, .n 5 ytan expen.n.. lash Lewd Tire lube Technician 2 years experience 1 AP 1 AP 1 AP 1 A. AP KanG refl. III Owner 40• AP 1 AP Kelm Greene rennet Service Writer 20 years experience AP AP AP I ASE I ASE ASE 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 l 1 1 1 1 1 AP 1 AP 1 I I AP AP AP AP AP 10. Experience with Fleet management: The owners have offered fleet management service for nearly 40 years. Initially we offered fleet management to US Postal Service vehicles in Huntington Beach. The service expanded to include a fleet of maintenance vehicles for various pool supply companies, as well as a fleet for furniture delivery trucks. At Old Town Tire our shop has successfully maintained the vehicles for the City of Temecula for nearly 10 years. We've provided top quality affordable work during this tenure. 11. Hours of Operation: Open 8 -5 M -F and Saturday 8 -2pm Drop off service is available during the business hours of 7am -5:30 pm M -F and Sat 7:30 -2:30 R:IFinancelAgreements /Finance Dept Agreements /Agreements 2009- 10/Old Town Tire.Veh Maint- Repair.FIN09 -14 16 12. Vehicle Service History Software: Our shop utilizes the NAPA Auto Parts TRACS system. The system is linked to the local NAPA Auto Parts store for ease of parts ordering. This fail -safe system links the specific year /make /model vehicle to a parts catalog. Necessary parts are able to view at the touch of a button. The system does not allow for any mistaken part to be ordered for the wrong vehicle. Furthermore the system is able to be programmed to invoice parts onto a repair order at a pre- determined below list price to meet contract agreements with the City of Temecula. This customer and vehicle database system allows us to automatically track past service history, schedule future maintenance, as well as identify potential future problems which may be heredity for a specific vehicle make and model. Our automated system can be programmed to automatically send email reminders to any email address pre programmed into the system to allow the owner or fleet manager to better manage his /her fleet. The data can be provided via fax or hard copy upon request. 13. Service Timeline: For the past 10 years we have successfully met the required timeline for repairs. We meet this by having the repair facility adequately staffed at all times. In the event an abundance of work is dropped off at the facility which exceeds the work capacity of the shop, Old Town Tire will meet its contractual obligations through providing a triage of necessary and prioritizing city vehicles at the top of the priority chart. 14. Scheduling shop visits: appointments can be scheduled via phone or email. Whenever possible Old Town Tire will accommodate the city by taking in repairs and /or scheduled maintenance without an appointment. 15. Security: Old Town Tire has a secured facility bordered entirely by a 6 foot tall chain link fence. Vehicles may be stored overnight 16. Inventory: Old Town Tire keeps on hand an adequate inventory of most parts required for scheduled maintenance. This includes but is not limited to: All major engine fluids, filters, belts, hoses, brakes, tires, electronic ignition parts, and headlights bulbs 17. Turn time for non inventory parts: Typically Old Town Tire can receive non inventory parts within a 15 minute timeline. Special order parts can be received in one business day. 18. Tire Inventory: For the purpose of product quality as well as price the tire inventory on hand shall in most cases be Sumitomo brand. Other major brand tires like Goodyear, Michelin, Bridgestone, and Yokahama, are available and can be added to customer inventory upon request. Low cost Asian import tires are also available upon request. 19. Tire disposal: Tires are disposed of via a state and county license tire disposal company. Old Town Tire incurs a cost of $4 per tire which will be passed through to each customer. 20. Smog: Old Town Tire is not licensed smog facility yet we retain a relationship with a local vender who has committed to providing fast and low cost smog Inspections upon request. City maintenance will drop off vehicles at Old Town Tire just like any other service. Old Town Tire will shuttle each vehicle to the respective smog facility. 21. Warranty: Each service carries a 12 month /12,000 Peace of Mind Warranty which mirrors the national warranty we offer to every customer through our NAPA Auto Parts affiliation (see attached document) R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10/OId Town Tire.Veh Maint- Repair.FIN09 -14 17 22. Refereces a. Eric Roweton Owner, NAPA Auto Parts 951- 296 -0077 b. Jim Cherie Gero Owners, Aces Driving School 951- 677 -2636 c. Art Coletrain Commercial Developer 909- 721 -6766 d. Lynn Francis Owner, LF Grove Management 951 296 -6494 e. Charles Perry Owner, DBX Construction 951- 296 -9909 23. Mobile Maintenance Service: Not Provided 24. Emergency Roadside Service/Towing: Not Provided 25. Vehicle pickup /delivery/shuttle service: Available at any time upon request. City employee must request such service by phone with a minimum 30 minute advanced notification. 26. Early Pay Discount: Not offered. Old Town Tire is committed to delivering the best possible price for each service offered. 27. Prices extended to other agencies: Yes R: /Finance /Agreements /Finance Dept Agreements /Agreements 2009- 10/Old Town Tire.Veh Maint- Repair.FIN09 -14 18 WHO MAKES THIS LIMITED WARRANTY ThIs hmi;ee wsrran1y *extended only to you. the envy) purchaser and nu tc anyone 951io may purchase your vehr-le from you during the term of the warranty Tha Sorted warranty 5 nude by the Independent Repair Faddy (Dealer") who is so named on the original repair order. and whom performed the service/repairs co your vehicre. Tins :enemy wa be noccred by any NAPA AutoCare Dearer participating in this program. or any other authorized repair facility anywhere in Inc lasted States This mammy is not a warranty by National Automotive F9rtS Association INAPA). ds employees, jobbers. member companies. or the administrator. SOnsO. Inc d3 afflhates. subsidiaries or any a thew employees. or member companies In addalon. Sons Inc serves A5 the admmr5arator only TRs waranty covers the f0tiovnng typeset repairs and services 4 d E F. NAPA AUTOCA• "PEACE OF MIND" NATION \E LIMITED WARRANTY 12 MONTHS 12.000 MILES Pet Contra viq :reaper) and crenate word systems Engine cooing system. Engine performance. drrvablley services art repass Emrsslon central system Fuel systems Elect•. asc engne management system and other on• board computer systems. (engine body brake and suspensmn ampules) Cruise Canner Systems The Independent Repair Facary warrants lhat the move repays emd services performed air :nor Ircatnri sma. 05 free from deters in materials and workrnansb0, for 12 months or 12.000 miles of use. whcnever comes first measured Nom rte dale el the first repair and the boomers' :among Shown on the original repae order. This warranty a canddloned v: r• 'vr.'. 9:0 being art 100t60 only 10 nemhel non r sae. and re0ewmO reasonable and necessary maintenance Curing the warranty perid Warranty repair costs Shall In no case *moved the costa of the engine! related repair or service. d :here a a defect in either materials or w0rkmaardp w ^.tin the wanany paired tree Independent Repair Facility snail nave the 09 !bearer perform remedial service won, al no charge l0 you, tep2ce the defective warranted pants) wdh0,.4 charge l0 you Cr refund to you the entire Charge f0r Inc wa,ranted repads. minus any prev*ua refunds or areas STATE OF CALIFORNIA ONLY A buyer Of covered products or services has the ngot 10 nave warranty service performed During the warranty period Tne warranty period was be exten0ed for Me number Of wive days that the vencle has been out of the buyer's nano! for warranty repass. If a detect exists within IIR warranty period. the warranty one no exp.'e unto NO Mired has been fixed Tne wanany period wati also be extended d the warranty repairs have net been performed clue to delays caused oy circumstances beyond the control of the beer; or A the warranty repays did n0 remedy the fitted. and the buyer not4ies 110 warranty anrtwR5irarer of the failure or 5 repays wdnin 80 days after they were completed R, after a reasonable nue2Mr 0d attempts. the defer has not been fee0 the buyer may lunurn his v0( cf0 for replacement of pans d apparable or a refuel in Pother case subject t0 deduc100 of a •easor hte charge for usage This hm0 extension does not waned the prr",AectiCoS Or remedies the buyer has anger any raw If you are less than 25 rn, away from the 01295281 repairing NAPA AutoCare r00aier *cation, you must rerun yew vehicle to the NAPA AutoCare Oea!er 12.03: cn where ins warranted se^.5ce was perfumed win present your copy er the repair order 10 the Dame: r( yew vehicle rs inoperable. end you are more Than 25 tusks away from Ine original repairing NAPA Ad °Care Caster locah0n. you :nay be elgible for renen rowing amino tenter car Denents as 0e:ermemed by the Warranty Administrator mf you are not aware or a parecpalvg NAPA AotOCare Deaer location m your area. Men you must can the warranty administrator, at (800) 452 NAPA. mom 9 00 a m to I OG n rn Monday through Friday (Eastern Time) and 800 a m to 5 30 p rn Saturday 'Eastern Tree? erclud'••y nmday0 Tne AdmenlStrator win event y.0 to the nearest panx:tpatM9 NAPA At f oCare neater location If there ate no NAPA AutoC tie Denier 'Adults n your area, me a0 netahalre win m'ecl yid to anon NAPA Au,oCare Dearer *canon WHAT YOU MUST DO TO OBTAIN WARRANTY SERVICE You must keep a copy of the repair order and present it when seeking service under this warranty +'arty work is pel0rme0 r0u MST lemperariv surrender possess Le the 'epa.r ,rote, If there are no pantcmatng rocat*ns in your area. you must obtain aulhontabon kern the Wsrranry A.7mnetral0, prior t0 any warranty repair work by calling (800) 452 -NAPA If Inc non pencipa(l g Repair Faciley bcatio2 vin not accept payment from Inc Warranty Administrator. you =sr pay for the warranty seMCe and submit a k9ib:e corn of your ui Order and warranty service repay order to the Administrator for review WHAT IS NOT COVERED BY THIS WARRANTY You must pay for any non warranty servce you order to be performed at Ilse same time as the warranty serv:04 Tnis warranty writ no appy to your repaned venicie 44 935 teen damaged by abhormal use, misuse, neglect. accident. alteration or 'tampering with" fry other than the Fscikty or Fecd.y employees) The Facility's mWroyees an0ror agents do net nave authority t:+ moony the terms d this w,' ran nor to mate any promises ei adatt*n to those conalned in this warrany This warranty does not in any way mtlude INCIDENTAL OR CONSEOUENT;AL DAMAGES (additional expenses which you may incur as the result el f aulty repay or service) Some states do not allow the exc05fon or Knnatl0n or incidental or consequential dnmeges 50 the above Iiro4Stion or exclumon may not 590y t0 you This warranty gives you spectre rights. and you may also nave ether rights, wtlidh vary from stale to state AUTOMOTIVE REPAIRS EXCLUDED FROM WARRANTY Thrs warranty Odes not cover repents) or replacenlentts' except as n5te0 :n the sector:, "venal Is Covered by this warranty," even though the Fac:aty may offer other 25r50 dhyl exdurfe0 ere any repairs mvowing replacement or removal of inlernaSY lubricated parts and other such repairs as rated Cefow Automotive repairs exct.ded from Melt/Au ''•de I Warranty Include ENGINE A. Any internal repairs or replacement of :1401281 c0mponens. or reptacemenr of engine arse ety h TRANSMISSION. TRANSAXLES A 4010019110 any Internal repair or cenhponent reptace'nent mooring rive ,emorat or the 4'.lorna!C Ira°smlssion Or trffiwaxle from the vernae 0: ieassembly °r 1 0. 0 Manua any Truer te 013:03443125505561' 1 0 11 2 1 1 1 1 1 1 12 3 .1 5 4 44 4 0 lian0mrss for the repair 10 be performed iu URINE AXLE /DIFFERENTIAL ASSEMBLY A Any repair et component replacement requlrmg the remova d 4tem2n9 lub(catea ranponenls or rep1BCement of me drive axierdieeran;at assert :9S• 1 Ring gear pnion shaft and related gears 2. AS0ocH100 bearing won above 3. Pinion seal IV AUTO e0DY. PAINT. MOLDING REPAIR A Any repair or materials related to auto body repay 950212 B. Glass related maws. V COMMERCIAL VEHICLES WHAT IS COVERED BY THE WARRANTY G n K M N WHERE YOU CAN OBTAIN WARRANTY SERVICE 8 0 1,e system Stan.rv; ano Cnerglag systems Eiectncal systems Exhaust system Ignrion system Sleering.'suspenslor systems wneet bearings. CV )Onds!U•yants. Had -shahs and drive shafts. CIU:che5 Mich cornpdnere or assembly repo* and replacement Other minor repa Wananty coverage pored is extended to 24 months or 24,000 mules when dummying repairs are paid for with the NAPA Autneere EasyPay Card. R: /FinancelAgreements /Finance Dept Agreements /Agreements 2009 -10 /Old Town Tire.Veh Maint- Repair.FIN09 -14 19 NAPA AUTOCARE "PEACE OF MhNO" NATIONWIDE WARRANTY C Er•T ER P O. 60X17659 Golden, CO 81.1402.W.: 1- 800 -452 -NAPA J Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Andre O'Harra, Chief of Police DATE: December 8, 2009 SUBJECT: California Department of Justice Fingerprinting Agreement PREPARED BY: David Bilby, Senior Debt Analyst Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: That the City Council approve a three year agreement with the California Department of Justice in the amount of $220,000 for fingerprinting services. BACKGROUND: In June of 2006, the City of Temecula entered into a three year agreement for fingerprinting services with the California Department of Justice (DOJ). This agreement expired June 30, 2009. This new agreement, which will expire on June 30, 2012, includes the Federal level response in addition to the State level response already received. The services provided by this agreement include LiveScan fingerprinting for the Human Resources Department in order to perform background checks on all new employees and volunteers. In addition, the Police Department conducts LiveScan fingerprinting services out of the Mall Storefront as a service to the community. Applicants pay the DOJ fee along with a $10 service fee which offsets administrative costs. In fiscal year ended 2009, approximately $55,000 were collected in fingerprint fees. On August 25, 2009, the City Council approved Resolution No. 09 -76 authorizing the City access to summary criminal history information of employees, volunteers, independent contractors, and permittees. This Resolution allows the City of Temecula to access the Federal Bureau of Investigation and State level fingerprint checks in order to conduct the necessary background checks on massage establishments and technicians pursuant to City Massage Ordinance No. 08- 12. FISCAL IMPACT: Adequate funds exist within the 2009 -10 Police Department and Human Resources budgets to fund these services in the amount of $50,000 for Police and $5,500 for Human Resources from the DOJ annually. For the remaining two years of the Fingerprinting agreement, budget funds will be adequately set aside from the Human Resources and Police Departments. ATTACHMENTS: Standard Agreement for Fingerprint Services B Bureau of Criminal Id Information 0 1. This Agreement is entered into between the State Agency and the Business/Entity named below: AGREEMENT NUMBER 08 -09 REGISTRATION NUMBER BUSINESS/ENTITY NAME City of Temecula CONTRACTORS NAME DEPARTMENT OF JUSTICE (DOJ) 2. The term of this Agreement is: 3. The maximum amount $220,000 of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. CONTRACTOR'S NAME (If other than an lndlvldual, state whether corporation, partnership, Otc) DEPARTMENT OF JUSTICE (DOJ) BY (Authorized Signature) Exhibit A Scope of Work Exhibit B invoicing and Payment Provisions Exhibit C General Terms and Conditions Check mark one item below as Exhibit D: Exhibit D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit D Special Terms and Conditions Exhibit E Additional Provisions IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. PRINTED AND TITLE OF PERSON SIGNING DEBBIE MERRILL, CHIEF, ACCOUNTING OFFICE ADDRESS 1300 I STREET, ROOM 810 SACRAMENTO, CA 95814 BUSINESS/ENTITY NAME City of Temecula BY Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Maryann Edwards, Mayor CONTRACTOR BUSINESS /ENTITY ADDRESS 43200 Business Park Drive, Temecula, CA 92590 July 1, 2009 through June 30, 2012 DATE SIGNED(Do not type) NOV 9 2009 DATE SIGNED(Do not type) 2 page(s) 2 page(s) page(s) page pages) California Department of Justice Use only City of Temecula 08-09 Billing Number 142758 Exhibit A Page 1 of 2 EXHIBIT A SCOPE OF WORK The City of Temecula hereinafter referred to as the City and the Department of Justice, hereinafter referred to as DOJ, hereby enter into this agreement for the purpose of submitting fingerprint images and related information electronically and having the DOJ provide the City with DOJ and FBI Criminal Offender Record Information (CORI). 1. DOJ Responsibilities: A. The DOJ is responsible to receive and process the City CORI requests via electronic submissions. The DOJ shall provide the City with the following information when the DOJ receives and processes CORI requests submitted by City for the City of Temecula: X DOJ CORI or a no record response and (if authorized) subsequent arrest notifications X FBI CORI or a no record response for initial submissions (as applicable) Child Abuse Central Index (CACI as applicable) Peace Officer Carry Concealed Weapon (CCW as applicable) Other B. The DOJ is responsible to receive and process CORI requests submitted by the City on behalf of an applicant and/or an applicant agency. The DOJ shall provide the applicant and /or the applicant agency with the CORI requested and submitted through the City. 2. The City Responsibilities: A. The City will request CORI electronically. The City is statutorily authorized to request and receive CORI under ORI Number A0987. Accordingly, the DOJ will deal exclusively with the City for all issues associated with these responses. B. The City agrees to maintain the confidentiality of all information submitted to the DOJ and of all DOJ and FBI no record responses or CORI received from the DOJ. The City, any official or employee of the City, shall not divulge any State or Federal level CORI information provided by the DOJ, except upon written authorization of the DOJ. C. The City, if operating a live scan device, will also be responsible for payment if their live scan operator fails to input a billing /customer account number or inputs an incorrect billing /customer account number and/or applicant agency information, and the DOJ cannot determine which agency should be billed for the transaction. Requesting Agency: City of Temecula Finance Department Providing Agency: Department of Justice (DOJ) BCII, Operational Support Program Name: Heidi Schrader Name: Leslie Barmby Address: 43200 Business Park Drive Temecula, CA 92590 Address: 4949 Broadway, Room G -110 Sacramento, CA 95820 Phone: (951) 693 -3923 Phone: (916) 227 -3862 FAX: (951) 694-6479 FAX: (916) 227 -1149 E -Mail: Heidi .Schrader ©cityoftemecula.org E -Mail: Leslie.Barmby @doj.ca. iov Requesting Agency: City of Temecula Finance Department Providing Agency: Department of Justice (DOJ) BCII, Operational Support Program Name: Heidi Schrader Name: Leslie Barmby Address: 43200 Business Park Drive Temecula, CA 92590 Address: 4949 Broadway, Room G -110 Sacramento, CA 95820 Phone: (951) 693 -3923 Phone: (916) 227 -3862 FAX: (951) 694 -6479 FAX: (916) 227 -1149 E -Mail: Heidi.Schrader@cityoftemecula.org E -Mail: Leslie.Barmbv @doi.ca.gov 3. The contact representatives during the term of this agreement will be: City of Temecula 08-09 Billing Number 142756 Exhibit A Page2of2 4. Either party reserves the right to terminate this agreement without cause upon thirty (30) days written notice to the other party. No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by both parties, and approved as required. An oral understanding or agreement that is not incorporated into this agreement is not binding on either of the parties. 5. This agreement shall be subject to the examination and audit of the California State Auditor for a period of three years after final payment under this agreement (Government Code Section 8546.7). This agreement shall be governed by the laws of the State of California and shall be interpreted according to California law. State Level Response $32 X CORI submissions specific to the City, as delineated in paragraph 1. A. of Exhibit A, are indicated here with an X. Federal Level Response $19 x Federal Level Response (Volunteer) $15 X California Child Abuse Index (CACI) $15 Trustline CACI $15 Adoption CACI $15 Peace Officer Carry Concealed Weapon (CCW) $19 Employment CCW $22 Private Patrol /Security Guard CCW $38 Standard CCW $44 Judge CCW $66 Reserve /Custodial Peace Officer CCW $88 Fingerprint Roller Certification $25 DOJ Fingerprint Rolling Fee $10 Record Review $25 DSS Fee $10 CS DSS Fee $20 Invoicing Under the provisions of Penal Code section 11105, the DOJ is authorized to charge agencies requesting CORI a fee sufficient to cover the cost of processing. It is understood that CORI requests will be processed by the DOJ at the rates established by State and Federal agencies. These rates are subject to change with 30 days written notice. ed fees: EXHIBIT B taroicing and Payment Pro, rrisions City of Temecula 08-09 Billing Number 142756 Exhibit B Page 1 of 2 City of Temecula 08-09 Billing Number 142756 Exhibit B Page 2 of 2 The City agrees to compensate the DOJ for services rendered upon receipt of the DOJ invoice. All invoices will state the services provided, the time period covered, the contract number, and the billing/customer account number, 142756, with a tear -off bottom that must be returned with payment. The City is responsible for the use of its billing/customer account number. All costs associated to the billing/customer account number will be the responsibility of the City, and reflected on the DOJ invoice. The total amount payable for each invoice shall not exceed the sum of the costs for each CORI request submitted for the period covered by the invoice excluding corrections, other changes, or amounts overdue. The DOJ will mail invoices to the following address: City of Temecula ATTN: Accounts Payable P.O. Box 9033 Temecula, CA 92589 -9033 Budget Contingency Clause It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the business/entity shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this agreement and the Contractor shall not be obligated to perform any provisions of this agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the business /entity shall have the option to either cancel this agreement with no liability occurring to the business /entity, or offer an agreement amendment to the Contractor to reflect the reduced amount. Prompt Payment Clause This is an agreement to pay the processing fees associated to the transmission of electronic criminal offender record information requests, including fees incurred by duplicate transmissions or other errors on the part of the City or its representative(s). The City agrees to compensate the DOJ monthly, in arrears, upon receipt of an invoice, computed in accordance with the State Administrative Manual Section 8752 and 8752.1. Nothing herein contained shall preclude advance payments pursuant to Article I, Chapter 3, Part 1, Division 3, Title 2, of the Government Code. Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Rich Johnston, Building Official DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: First Amendment to Agreement for Plan Review Services with Tom Haney for Fiscal Year 2009 -2010 RECOMMENDATION: That the City Council approve a First Amendment to the agreement for Consulting Services with Tom Haney in the amount of $20,000 to provide Plan Review Services for a total agreement amount of $60,000. BACKGROUND: On July 28, 2009, the City and Consultant entered into an agreement for Plan Check Review Services, in the amount of $40,000. Mr. Haney has over 25 years of Building and Safety experience in the inspection and plan review process and is onsite daily to be able to meet the City's clients on a regular basis at City Hall. Mr. Haney will be able to enhance the City's plan review for the review of projects and assist customers. Therefore, the Building and Safety Department requests to increase the agreement for the fiscal year 2009 -2010 with Tom Haney to ensure plan review turnaround times are met and provide the expected level of service at City Hall. FISCAL IMPACT: Appropriate funds are currently programmed in the Fiscal Year 2009 -2010 Operating Budget Account No. 001 162 999 -5248 "Consulting Services for this purpose. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TOM HANEY, LLC PLAN CHECK REVIEW SERVICES THIS FIRST AMENDMENT is made and entered into as of December 8, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Tom Haney, LLC (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 July 28, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Consulting Services in the amount of $40,000. b. The parties now desire to increase the amount and amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for additional Plan Check Review Services for a total Agreement amount of Sixty Thousand Dollars ($60,000)." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula Tom Haney, LLC (Two Signatures if required by corporate papers) By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Tom Haney 32098 Camino Seneco Temecula, CA 92592 951 699 -4846 Phone 951 699 -4846 Fax 2 FSM Initials: Date: Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Tim Thorson, Director of Information Systems DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Approval of the Pre Qualified Vendors for Audiovisual Integration for the Old Town Civic Center, Project No. IS 09 -02 RECOMMENDATION: That the City Council approve the list of audiovisual vendors, outlined below, as Pre Qualified AV Integrators with National Systems Contractor's Association certifications and eligible to submit bids for audiovisual integration for Phase 2 of the Old Town Civic Center Project. BACKGROUND: The Old Town Civic Center Project Phase 2 consists of a new City administration building, City Hall with attached City Council Chamber and semi attached auxiliary room. The Civic Center's audiovisual solution will be the technology that supports City Council meetings and conference room collaboration. The City recognizes the critical need to maintain current technology to support transparent government and public access for the citizens of Temecula. To meet the requirements of these emerging technologies, the City has obtained a consultant to develop bid specifications that support the most current technology. These specifications will support the following: 1. Multimedia Presentation Systems 2. Dais Display Systems 3. HD Cameras 4. AV Broadcast Equipment 5. Video Production, Control and Monitoring 6. Audio Recording Equipment 7. Video Editing System 8. SIRE Voting System 9. Videoconferencing Systems 10. Traffic Operations Media Wall /Operators Console 11. Chambers Production Lighting 12. Projection Equipment 13. Old Town Sound System Retrofit Because of the size and complexity of the project it requires AV Integrators that have recent proven experience in the installation of large scale civic center facilities. On October 16, 2009, City Council authorized the Information Systems Department to solicit and pre qualify vendors to perform the Audiovisual Integration work required for Phase 2 of the Old Town Civic Center Project. A Request for Qualifications (RFQ 09 -02) was prepared with a final filing date of November 12, 2009. Five vendors responded to the RFQ for which all five have met the pre qualification criteria necessary to bid on this project. The pre qualified AV Integrators are: 1. Audio Visual Innovations, Inc. 2. Anderson Audio Visual -San Diego, Inc 3. Cashel Corporation dba. Integrated Media Systems 4. Ford Audio -Video Systems, Inc. 5. Western Audio Visual, Corp. 6. SPINITAR FISCAL IMPACT: None. Cypress, CA San Diego, CA Anaheim, CA Tulsa, OK Carlsbad CA La Mirada, CA Staff is in the process of completing a specification package for Phase 2 Audiovisual Integration of the Old Town Civic Center Project. Once this is completed the Information Systems Department will solicit bids exclusively from these pre qualified vendors. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: December 8, 2009 PREPARED BY: Amer Attar, Principal Engineer CIP Chris White, Assistant Engineer CIP RECOMMENDATION: That the City Council: 1. Belaire -West Landscape, Inc. 920,027.00 2. Sierra Landscape 929,561.00 3. L.B Civil Construction, Inc. 1,191,009.00 4. Elite Bobcat Service, Inc. 1,214,954.00 5. Landmark Site Contractors 1,306,238.00 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Award of Construction Contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW 06 -15 1. Award a construction contract for the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15, to Belaire -West Landscape, Inc. in the amount of $920,027.00 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $184,005.40, which is equal to 20% of the contract amount. 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 amenities. In addition, left turn pockets will be extended to increase their capacity and reduce the spillover of vehicles into through lanes. The work includes the removal of the asphalt concrete in the existing 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 a recycled water irrigation system. On October 27, 2009, City Council approved the Plans and Specifications for the project and authorized staff to solicit construction bids. On Monday, November 30, 2009, 10 bids were received, opened and publicly read aloud. After correcting mathematical errors, the results were as follows: 6. Valley Crest Landscape Development, Inc. 1,402,382.85 7. Elite Landscaping, Inc. 1,435,548.00 8. Yakar 1,498,091.50 9. Sean Malek Engineering and Construction 1,668,160.00 10. Beador Construction Company, Inc. 2,302,700.00 Staff has reviewed the bid proposals and found Belaire -West Landscape, Inc. to be the lowest responsible bidder with a bid amount of $920,027.00. Belaire -West Landscape, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Due to the likelihood of encountering unsuitable subgrade in the extended left turn pockets, staff is recommending a 20% contingency to insure adequate funds are available for remediation. The specifications allow for a construction duration of one hundred (100) working days. The Engineer's Estimate is $1,963,208.37. 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 within the project accounts for the total amount of $1,104,032.40, which includes the $920,027.00 contract plus a 20% contingency amount of $184,005.40. ATTACHMENTS: 1. Construction Contract 2. Project Description and Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION CITY PROJECT NO. PW06 -95 FEDERAL PROJECT NO. RPSTPLE-5459(018) THIS CONTRACT, made and entered into the 8 day of December, 2009 ,by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Belaire -West Landscape, Inc., hereinafter referred to as "CONTRACTOR." CONTRACT CA -1 WITN ESSETH: That CITY 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 WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION, CITY PROJECT NO. PW06 -15, FEDERAL PROJECT NO. RPSTPLE- 5459(018). Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) 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 WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION, CITY PROJECT NO. PW06 -15, FEDERAL PROJECT NO. RPSTPLE 5459(018). Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION, CITY PROJECT NO. PW06 -15, FEDERAL PROJECT NO. RPSTPLE 5459(018). 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. C:1Program FIesYNeevia.ComYDocument Convertedtem054195.docx Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: 6. PAYMENTS WINCHESTER ROAD /HIGHWAY 79 NORTH CORRIDOR BEAUTIFICATION, CITY PROJECT NO. PW06 -15, FEDERAL PROJECT NO. RPSTPLE 5459(018). All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Nine Hundred Twenty Thousand Twenty Seven DOLLARS and No CENTS 920,027.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred (100 working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA -2 C:1Program FIesYNeevia.ComYDocument Convertedtem054195.docx 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 CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90 of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7 LIQUIDATED DAMAGES EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of five thousand dollars ($5,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the CONTRACT CA -3 C:1Program FIesYNeevia.Corrpocument Convertedtem054195.docx payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http: /www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. CONTRACTOR shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less than the higher wage rate. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONTRACT CA -4 C:1Program FIesYNeevia.ComYDocument Convertedtem054195.docx 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such remedy, as recipient deems appropriate. 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. CONTRACT CA -5 C:1Program FleslNeevia.CodDocument Convertedtempl954195.docx 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 22. 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. 23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: 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 C:1Program FIesYNeevia.ComYDocument Convertedtem054195.docx IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT CA -7 CONTRACTOR Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, Ca. 90620 (714) 523 -9200 By: Jan Struiksma President By Jan Struiksma Secretary (Signatures of two corporate officers required for Corporations) CITY OF TEMECULA By Maryann Edwards, Mayor C:1Program FleelNeevia.CodDocument Convertedtempl954195.docx 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. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: December 08, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Amendment No. 1 to the Professional Services Agreement with Construction Testing Engineering, Inc. (CTE) forAdditonal Geotechnical and Material Testing Services Associated the Old Town Civic Center Project PW 06 -07 PREPARED BY: Amer Attar, Principal Engineer- CIP David McBride, Senior Engineer CIP RECOMMENDATION: That the City Council approve Amendment No. 1 to the Professional Services Agreement with Construction Testing Engineering, Inc. (CTE) for additional services associated with geotechnical and special inspection services for the Old Town Civic Center Project in the amount of $78,368.50 and authorize the Mayor to execute the Amendment. BACKGROUND: On September 23, 2008 the City Council approved a professional services agreement with CTE for geotechnical and special inspection services on the Civic Center in the amount of $248,058 and authorized a contingency amount equal to 10% or $24,800. CTE's proposal consisted of time estimates for inspection and material testing of grading, reinforced concrete, concrete unit masonry, structural steel shop and field erection and various other specialized inspection tasks required by Uniform Building Code (UBC) to ensure that the construction of these critical elements are safe and of high quality. With approximately 40% of the project complete it has been determined that additional funding is necessary for CTE to complete all of the required testing and special inspections through project completion. The reason for the additional expense stems from an underestimation of the number of hours needed for many of the above testing and inspection categories. The largest increase in hours involved an additional 284 hours of ultrasonic testing of welding and 450 hours of additional structural steel shop inspection caused by the structural steel subcontractors decision to fabricate simultaneously in multiple locations instead of a single location as anticipated. Staff has performed a detailed review of the hours and services performed by CTE to date, and found their records to be in very good order and concluded that they have performed their tasks in an efficient and cost effective manner. The additional funding will require an amendment to CTE's existing agreement. This additional expense will be offset by liquidating this same amount from the unspent Civic Center construction contingency. With approximately 40% of the project complete, 9.1% of the original 10% contingency will still be available after liquidating the $78,368.50 needed for these additional services. FISCAL IMPACT: The Civic Center Project is funded by Capital Project Reserves, Certificates of Participation, Development Impact Fees (DIF) Corporate Facilities and DIF Public Art. CTE's original agreement totaled $272,858, including a 10% contingency. The proposed amendment will increase the allowable compensation under the agreement by$78,368.50. To fund this additional work it will be necessary to liquidate $78,368.50 from unspent contingency funds from the Civic Center construction contract. ATTACHMENTS: 1. CTE Amendment No. 1 2. Location Map 3. Project Description FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CONSTRUCTION TESTING ENGINEERING, INC. FOR PROFESSIONAL GEOTECHNICAL MATERIALS TESTING AND INSPECTION SERVICES OLD TOWN CIVIC CENTER PW06 -07 THIS FIRST AMENDMENT is made and entered into as of December 8, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Construction Testing Engineering, Inc., 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 September 23, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Geotechnical, Materials Testing and Special Inspection Services in the amount of Two Hundred Forty Eight Thousand Fifty Eight Dollars and No Cents ($248,058.00). b. 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 City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Seventy Eight Thousand Three Hundred Sixty Eight Dollars and Fifty Cents $78,368.50 for additional work associated inspection and testing for a total Agreement Amount of Three Hundred Twenty Six Thousand Four Hundred Twenty Two Dollars and Fifty Cents $326,426.50. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR Construction Testing Engineering, Inc. (Two Signatures if required by corporate papers) 2 Tom Gaeto, President Rodney Ballard, Vice President Construction Testing Engineering, Inc. Vincent J. Patula 14528 Meridian Parkway, Suite A Riverside, CA 92518 (951) 571 -4081 vincentp@cte-inc.net FSM Initials: Date: PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Fixtures/Furn/Equip Utilities Totals Source of Funds: Capital Project Reserves COPs DIF (Corporate Facilities) DIF (Publican) Total Funding: Future 0 M Cost: CIVIC CENTER PRIORITY: Infrastructure Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works 210.165.751 Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Actuals to Date 2009 -10 2010 -11 2011 -12 125,854 598,367 25,800 56,200 476,271 34,450,621 352,000 3,985,211 1,235,789 147,080 3,392,720 307,564 2,436 5,067,780 40,088,133 4,594,565 473,215 16,460,449 22,787,684 800,000 40,000 5,067,780 40,088,133 900,000 Annually 91 2012 -13 2013 -14 45,155,913 Total Project Cost 724,221 82,000 34,926,892 352,000 5,221,000 3,539,800 310,000 21,055,014 23,260,899 800,000 40,000 45,155,913 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Fourth Amendment to the Professional Services Agreement with T.Y. Lin International for the Preparation of the Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek Project No. PW06 -04 PREPARED BY: Avlin R. Odviar, Senior Engineer CIP William Becerra, Associate Engineer CIP RECOMMENDATION: That the City Council approve a Fourth Amendment to the agreement with T.Y. Lin International in an amount not to exceed $6,055.00 for additional services to provide a traffic forecast analysis of Pujol Street after completing the construction of the Western Bypass Bridge Over Murrieta Creek, Project No. PW06 -04, and extending the term of the agreement to December 31, 2010. BACKGROUND: On May 23, 2006, the City Council approved an agreement with T.Y. Lin International in the amount of $344,342.00 to prepare the Environmental Document, Plans and Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek. Subsequent to that, Amendment No.1 was approved by the City Manager, extending the term of the agreement to June 30, 2008. On June 24, 2008, the City Council approved Amendment No. 2 for the amount of $244,824.80 for additional costs associated with development of plans and specifications. On June 23, 2009, Amendment No. 3 was approved for a reimbursed amount of $40,583.00 for costs associated with the plans, specifications, and estimate to add two Rancho California Water District waterlines through the bridge. Staff negotiated an equitable scope following a request from the City Manager's office to provide the traffic forecast. T.Y. Lin International has agreed to provide these services for the sum of $6,055.00. With this Fourth Amendment, the total contract amount will be $613,548.00. The complete scope of the work required is attached to and made part of Amendment No. 4. FISCAL IMPACT: The Western Bypass Bridge Over Murrieta Creek is in the City's Capital Improvement Program, Fiscal Years 2010 -2014. Funding sources include Transportation Uniform Mitigation Fee (TUMF) and Reimbursements /Other— Developer. On October 13, 2009, the City Council approved Agreement No. 05- SW -TEM -1063 with the Riverside Council of Governments (WRCOG) for the TUMF funding of this project. TUMF funds in the amounts of $431,140 for PA /ED (Project Approval and Environmental Document) and $1,357,860 for PS &E (Engineering) are available for reimbursement. Adequate Funds are available in the project account 210.165.660 to cover the total amount of Amendment No. 4. The total authorization for this agreement, including contingency, is $654,131.00. ATTACHMENTS: 1. Fourth Amendment T.Y. Lin International 2. Project description 3. Project Location THIS FOURTH AMENDMENT is made and entered into as of December 8, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City and TY LIN International, a Corporation (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: follows: FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TY LIN International WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PROJECT NO. PW06 -04 1. This Amendment is made with the respect to the following facts and purposes: a. On May 23, 2006, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement For Professional Consultant Services Western Bypass Bridge Over Murrieta Creek, Project PW06 -04 for preparation of environmental documents, plans, specifications and estimate, in the amount of $344,342.00. b. On July 1, 2007, the Agreement was amended to extend the TERM of the Agreement though June 30, 2008. c. On June 24, 2008, the Agreement was amended to increase payment in the amount of Two Hundred Twenty Two Thousand Five Hundred Sixty Eight Dollars and No Cents ($222,568.00) for additional Professional Consultant Services. d. On June 23, 2009, the Agreement was amended to increase payment in the amount of Forty Thousand Five Hundred Eighty Three Dollars and No Cents ($40,583.00) for additional Professional Consultant Services. e. The parties now desire to increase payment in the amount of Six Thousand Fifty Five Dollars and No Cents ($6,055.00) for additional Professional Consultant Services and amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2010 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Fourth Amendment amount shall not exceed Six Thousand Fifty Five Dollars and No Cents 1 ($6,055.00) for additional Professional Consultant Services for a total Agreement amount of Six Hundred Thirteen Thousand Five Hundred Forty Eight Dollars and No Cents ($613,548.00)." 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Shawn D. Nelson, City Manager ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR T Y LIN International (Two Signatures if required by corporate papers) TY LIN International Roya Golchoobian 5030 Camino De LA Siesta, Suite 204 (619) 692 -1920 (619) 692 -0634 Roya.Golchoobian @tylin.com 3 W. Mark Ashley, Sr. Vice President Joe Tognoli, Sr. Vice President FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 1 City of Temecula AMENDMENT 4 Western Bypass Corridor Bridge over Murrieta Creek City of Temecula, CA I. Description of Additional Services Pursuant to your request, we are submitting this amendment to prepare a traffic modeling forecast for the post construction traffic on Pujol Street. The following describes our scope of work: Phase 2 Final Design and Plans, Specifications and Estimates (PS &E) Task 2.6 Traffic Analysis for Pujol Street: The main purpose of this traffic modeling work is to forecast the average daily traffic (ADT) on Pujol Street with the Western Bypass Bridge connection, assuming opening date of year 2011 for the project. The following describes our scope of work: 2.6.1 Coordinate with modeling consultant to include Western Bypass Bridge connection and related network changes in addition to any land use. 2.6.2 Model run for Near Term Scenario with Western Bypass Bridge connection. 2.6.3 Verify the model results for consistency and accuracy and make any necessary post -run adjustments 2.6.4 Estimate a growth rate based on the traffic growth (ADT increase) between Near Term Scenario and Build out Year 2030. Derive the Opening Year (2011) ADT's based on the estimated growth rate. Deliverables Western Bypass Corridor Bridge over Murrieta Creek SCOPE OF WORK 2.6. A A wet signed and stamped letter report summarizing the methodology, assumptions, and model results for Opening Year 2011 with Western Bypass Bridge connection. TYLIN INTERNATIONAL TASK NO. TASK FIRM TOTAL TYLI REC 2.6 Traffic Analysis for Pujol Street $565 $3,500 $4,065 ODC $40 $40 PM $1,950 $1,950 Totals: $2,555 $3,500 $6,055 Western Bypass Bridge over Murrieta Creek Amendment 4 City of Temecula June, 2009 T.Y. LIN INTERNATIONAL FEE PROPOSAL SUMMARY BY TASK AND FIRM WBP AMEND 4 Fee 6- 09.xls Exhibit A Page 1 of 3 Printed: 7/9/2009 Subtask Description Estimated Labor Hours Labor Totals Principal Eng Supry Eng Senior Br Eng Assoc Br Eng Asst. Eng Senior CADD Staff Name Hours Amount 0 $0 2.6 Traffic Analysis for Pujol 2 2 $390 Coordination- QA/QC 8 8 $1,560 Invoicing 2 2 $390 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Total Hours: Rate: Subtotal Labor: 0 12 0 0 0 0 0 12 $230.00 $195.00 $170.00 $120.00 $110.00 $115.00 $0.00 $0 $2,340 $0 $0 $0 $0 $0 $2,340 Consultant: Activity: Task: Western Bypass Bridge over Murrieta Creek Amendment 4 City of Temecula June, 2009 T.Y. Lin International Project Management and Bridge Engineering Design Task 2 -6 Traffic Analysis for Pujol Street WBP AMEND 4 Fee 6- 09.xls Subtotal LABOR +OVERHEAD REIMBURSABLE EXPENSES Mileage 0 Miles $0.50 $0 Lodging Meals 0 Nights $0.00 $0 Plan Reproduction 0 Prints $1.00 $0 Photocopies 0 Copies $0.00 $0 Postage Freight 2 Each $20.00 $40 Photosimulation 0 $2,000.00 $0 Subconsultant Administration $2,340 Subtotal REIMBURSABLE EXPENSES $40 SUBCONSULTANT SERVICES Rick Engineering Company (Traffic Analysis) $3,500 5.00% (Traffic) $175 Subtotal SUBCONSULTANT SERVICES $3,675 TOTAL Task 2.6 Traffic Analysis for Pujol Street $6,055 Exhibit A Page 2 of 3 Printed: 7/9/2009 Subtask Description Estimated Labor Hours Labor Totals Principal Associate Associate Project Engineer Principal Design Engineer Associate Design Engineer Drafter 2 -man Survey Crew Hours Amount 0 $0 2.6 Traffic Analysis for Pujol 0 $3,500 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Total Hours: Rate: Subtotal Labor: 0 0 0 0 0 0 0 0 $55.00 $49.00 $32.00 $29.00 $26.00 $25.00 $58.00 $0 $0 $0 $0 $0 $0 $0 $3,500 Subconsultant: Rick Engineering Company Activity: Traffic Analysis Task: Task 2.6 Traffic Analysis for Pujol Street WBP AMEND 4 Fee 6- 09.xls Western Bypass Bridge over Murrieta Creek Amendment 4 City of Temecula June, 2009 Subtotal LABOR OVERHEAD REIMBURSABLE EXPENSES Mileage 0 Miles $0.35 $0 Lodging /Meals 0 Nights $0.00 $0 Plan Reproduction 0 Prints $7.00 $0 Photocopies 0 Copies $0.00 $0 Postage Freight 0 Each $45.00 $0 Other (Specify) 0 $0.00 $0 $3,500 Subtotal REIMBURSABLE EXPENSES $0 TOTAL Task 2.6 Traffic Analysis for Pujol Street $3,500 Exhibit A Page 3 of 3 Printed: 7/9/2009 PROJECT DESCRIPTION Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PRIORITY: Project Type: Circulation Description: The City will construct a new bridge crossing Murrieta Creek at the Western Bypass Temecula Parkway. Department: Public Works Account No. 210.165.660 Scope of Project: Project includes finalizing and updating the existing bridge design, constructing the bridge, the approaches roadways, curb and gutters sidewalk, storm drain facilities, environmental studies and mitigation. Completed project will tie southern leg of Western Bypass. Benefit: Project Cost: Actuals Total Project to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Cost Administration 57,312 134,923 135,000 327,235 Acquisition 76,000 76,000 Construction 10,384,985 10,384,985 Construction Engineering 311,550 311,550 Design 232,785 409,382 642,167 Environmental 20,000 129,600 149,600 MSHCP 519,249 519,249 Totals Source of Funds: Capital Projects Reserves 290,097 210,923 135,000 636,020 Reimbursements /Other (Developer) 3,983,705 3,983,705 TUMF (wRCOG) 429,382 7,361,679 7,791,061 Total Funding: 290,097 640,305 11,480,384 12,410,786 Future 0 M Cost: 6,000 Annually Project will improve traffic safety and circulation. New bridge will meet Army Corps of Engineers (ACOE) Murrieta Creek Improvement Project needs. 290,097 640,305 11,480,384 12,410,786 83 Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: December 8, 2009 PREPARED BY: Amer Attar, Principal Engineer- CIP David McBride, Senior Engineer CIP Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Amendment No. 2 to the Professional Services Agreement with Leighton Consulting, Inc. for Additional Geotechnical and Material Testing Services Associated with the Old Town Infrastructure Project Parking Structure and Office Retail PW 06 -07 (1 D) RECOMMENDATION: That the City Council approve Amendment No. 2 to the Professional Services Agreement with Leighton Consulting, Inc. for additional services associated with geotechnical and special inspection services for the Old Town Infrastructure Project, Parking Structure and Office /Retail in the amount of $30,000.00 and authorize the Mayor to execute the Amendment. BACKGROUND: On September 23, 2008 the City Council approved a professional services agreement with Leighton for geotechnical and special inspection services on the Parking Structure and Office Retail in the amount of $360,018 and authorized a contingency amount equal to 10% or $36,000. On September 22, 2009, the City Council approved an amendment to the agreement for additional services in the amount of $62,988. Leighton's proposals consisted of time estimates for inspection and material testing of grading, reinforced concrete, concrete unit masonry, structural steel shop and field erection and various other specialized inspection tasks required by Uniform Building Code (UBC) to ensure that the construction of these critical elements are safe and of high quality. With approximately 88% of the project complete it has been determined that additional funding is necessary for Leighton to complete all of the required testing and special inspections through project completion. The reason for the additional expense stems from an underestimation of the number of hours needed for each of the above testing and inspection categories on the original agreement and the first amendment. More specifically the complexity and detail on the work has taken more geotechnical and special inspection than anticipated. As with the first amendment staff has performed a detailed review of the contract work to date and concluded that the work is being carried out in an efficient and cost effective manner. The additional funding will require an amendment to Leighton's existing agreement. This additional expense will be offset by liquidating this same amount from the unspent Parking Structure construction contingency. With approximately 88% of the project complete, 4.24% of the original 10% contingency will still be available after liquidating the $30,000 needed for these additional services as well as accounting for all pending change orders. FISCAL IMPACT: Leighton's original agreement totaled $396,018, including a 10% contingency. The first amendment to the agreement increased compensation by $62,988. The proposed Amendment No. 2 will increase the allowable compensation under the agreement by $30,000. To fund this additional work it will be necessary to liquidate $30,000 from unspent contingency funds from the Parking Structure construction contract. ATTACHMENTS: 1. Amendment No. 2 with Leighton 2. Project Description 3. Location Map SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL GEOTECHNICAL MATERIALS TESTING AND INSPECTION SERVICES BETWEEN THE CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. OLD TOWN PARKING STRUCTURE PW06 -07(1 D) THIS SECOND AMENDMENT is made and entered into as of December 8, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Leighton Consulting, Inc., 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 September 23, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Geotechnical, Materials Testing and Special Inspection Services in the amount of Three Hundred Sixty Thousand Eighteen Dollars and No Cents ($360,018.00). b. On September 22, 2009, the City and Consultant amended the Agreement for additional service in the amount of Sixty Two Thousand Nine Hundred and Eighty Eight Dollars and No Cents ($62,988.00). c. 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 City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment are null and void. The Second Amendment amount shall not exceed Thirty Thousand Dollars and No Cents $30,000.00 for additional work associated inspection and testing for a total Agreement Amount of Four Hundred Fifty Three Thousand Six Dollars and No Cents $453,006.00. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Leighton Consulting, Inc. (Two Signatures if required by corporate papers) 2 Thomas C. Benson, Jr., President CEO Susan W. Jones, MMC, City Clerk Terrance M. Brennan, Chief Financial Officer Leighton Consulting, Inc. Simon Saiid 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590 -5626 (951) 296 -0530 ssaiid @leightongroup.com FSM Initials: Date: 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 1 TEMECULA COMMUNITY SERVICES DISTRICT City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:53 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington ABSENT: Comerchero, Roberts CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 19 Action Minutes Approved Staff Recommendation (3 -0 -2) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval of those present with Directors Comerchero and Roberts absent RECOMMENDATION: 19.1 Approve the action minutes of October 27, 2009. 20 Harveston Lake Paddleboat Concession Agreement Approved Staff Recommendation (3 -0 -2) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval of those present with Directors Comerchero and Roberts absent RECOMMENDATION: ACTION MINUTES of NOVEMBER 10, 2009 20.1 Approve the Harveston Lake Paddleboat Concession Agreement with Keith Gors dba Goodtime Rentals for a three year term. 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:55 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 24, 2009, 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 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:53 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington ABSENT: Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 13 Action Minutes continued to the 12/8/09 meeting RECOMMENDATION: 13.1 Approve the action minutes of November 10, 2009. 14 Naming of the Civic Center Open Space Area Approved Staff Recommendation (4- 0-1) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected approval of those present with President Washington absent RECOMMENDATION: ACTION MINUTES of NOVEMBER 24, 2009 14.1 Approve the name "Town Square" for the Civic Center open space area as recommended by the Community Services Commission. 15 Request the appropriation of funds for the Construction of a Community Garden from Temecula Community Services District Fund Balance at the request of Council Member Roberts Approved Staff Recommendation (4 -0 -1) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected approval of those present with President Washington absent 15.1 Appropriate $24,000 to the Temecula Community Services District Operations budget from Temecula Community Services District Fund Balance. 1 16 Fourth Amendment to the Professional Services Agreement with BonTerra Consulting to provide additional Environmental Clearance and Monitoring for the Ronald Reagan Sports Park Desilting Basin Project No. PW05 -13 Approved Staff Recommendation (4 -0 -1) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected approval of those present with President Washington absent CSD DEPARTMENTAL REPORT 17 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:21 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 8, 2009, at 5:30 PM., 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: [SEAL] RECOMMENDATION: 16.1 Approve the Fourth Amendment to the agreement with BonTerra Consulting in an amount not to exceed $102,610 to provide additional Environmental Services to provide environmental monitoring of the Ronald Reagan Sports Park Desilting Basin, Project No. PW05 -13 Susan W. Jones, MMC City Clerk /District Secretary 2 Chuck Washington, President 1 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Genie Roberts, Director of Finance DATE: December 08, 2009 SUBJECT: Financial Statements for the Three Months Ended September 30, 2009 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: 1. That the Board of Directors receive and file the Financial Statements for the three months ended September 30, 2009. 2. Approve an appropriation of $60,000 in the TSCD Parks and Recreation Operating Budget from TCSD Fund Balance. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2009. Please see the attached financial statements for an analytical review of financial activity. The increase in appropriations is needed to ensure sufficient funds are budgeted for Fiscal Year 2009 -10 for legal fees. FISCAL IMPACT: Sufficient TCSD fund balances are currently available to finance this increased appropriation of $60,000 to the TCSD legal line item. ATTACHMENTS: Combining Balance Sheet as of September 30, 2009 Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the three months ended September 30, 2009. TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2009 and the Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 (Unaudited) Prepared by the Finance Department ASSETS: Cash and Investments $755,349 Receivables 51,863 Due from Other Funds Deposit 4,000 TOTAL ASSETS $811,212 LIABILITIES AND FUND BALANCES: LIABILITIES: Due to Other Funds Other Current Liabilities FUND BALANCES: Reserved Designated TOTAL FUND BALANCES TOTAL LIABILITIES and FUND BALANCES Please note that these balances are unaudited. Temecula Community Services District Combining Balance Sheet As of September 30, 2009 Parks Service Service Service Recreation Level B Level C Level D $4,791 15 $4,806 $709,881 $4,339 $105,727 $363,303 709,881 4,339 105,727 363,303 101,331 467 327,607 217,334 101,331 467 327,607 217,334 $811,212 $4,806 $431,014 2,320 $262,167 318,470 $433,334 $580,637 $433,334 $580,637 ASSETS: Cash and Investments $37,783 $182,520 $1,372,223 $3,336 $401,448 $3,450,631 Receivables 125 1,084 5,134 319,773 50 698,834 Due from Other Funds Deposit 4,000 TOTAL ASSETS $37,908 $183,604 $1,377,357 $323,109 $401,498 $4,153,465 LIABILITIES AND FUND BALANCES: LIABILITIES: Please note that these balances are unaudited. Temecula Community Services District Combining Balance Sheet As of September 30, 2009 Summer 2001 Service Service Youth Debt Level R Level L Library Program Service Total Due to Other Funds $252,000 $252,000 Other Current Liabilities $19,961 $23,473 36,437 1,263,121 19,961 23,473 288,437 1,515,121 FUND BALANCES: Reserved 72,926 $401,498 474,424 Designated $37,908 163,643 1,280,958 34,672 2,163,920 TOTAL FUND BALANCES 37,908 163,643 1,353,884 34,672 401,498 2,638,344 TOTAL LIABILITIES and FUND BALANCES $37,908 $183,604 $1,377,357 $323,109 $401,498 $4,153,465 2 Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 REVENUES: Special Tax $3,731,711 (1) TCSD AdminFee Credit/ "REST" 5,702,252 1,425,563 1,425,563 25% Recreation Programs 1,531,276 458,272 458,272 30% Investment Interest 10,199 3,972 3,972 39% Development Services 139,942 22,234 22,234 16% TOTAL REVENUES 11,115,380 1,910,041 1,910,041 17% EXPENDITURES: Parks, Medians and Arterial Street Lighting 6,411,893 1,456,224 $1,314,556 2,770,780 43% Seniors 265,187 64,725 18,938 83,663 32% Community Recreation Center (CRC) 513,076 116,818 33,709 150,527 29% Recreation Programs 736,656 252,923 49,831 302,754 41% Temecula Community Center (TCC) 295,619 64,875 14,111 78,986 27% Museum 244,803 62,657 18,291 80,948 33% Aquatics 609,617 196,573 18,082 214,655 35% Sports 287,524 75,089 4,972 80,061 28% Children's Museum 320,452 79,521 20,407 99,928 31% Community Theater 1,005,103 257,558 136,867 394,425 39% Cultural Arts 112,109 45,408 5,723 51,131 46% Old Town Maintenance 144,436 24,446 36,477 60,923 42% TOTAL EXPENDITURES 10,946,475 2,696,817 1,671,964 4,368,781 40% (2) Revenues Over /(Under) Expenditures 168,905 (786,776) Transfers Out Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance, July 1, 2009 Ending Fund Balance, September 30, 2009 Annual Percent Amended YID Total Total Budget Activity Encumbrance: Activity Activity (481,441) (386,000) (312,536) (1,172,776) 1,274,107 1 ,274,107 $961,571 $101,331 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal yea 2) The variance in expenditure is due to encumbrances that are recorded for the entire year. 3 Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended YTD Total Percent Budget Activity Activity of Budget REVENUES: Assessments $641,435 (1) TCSD Admin Credit /REST 317,057 199,000 $199,000 63% (2) Street Lighting Fees 216 Investment Interes' 296 20 $20 7% TOTAL REVENUES 959,004 199,020 $199,020 21% EXPENDITURES: Salaries Wages 7,202 1,761 1,761 24% Street Lighting 915,000 227,923 227,923 25% Operating Expenditures 20,500 4,053 4,053 20% TOTAL EXPENDITURES 942,702 233,737 233,737 25% Revenues Over /(Under) Expenditures Beginning Fund Balance, July 1, 2009 Ending Fund Balance, September 30, 2009 16,302 (34,717) 35,184 35,184 $51,486 $467 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Contribution is funded based on operational needs of Service Level I 4 Temecula Community Services District Service Level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended YTD Total Percent Budget Activity Encumbr Activity of Budget REVENUES: Assessments $1,582,337 $300 $300 0% (1) Plan check and inspections 243 243 Investment Interest 2,095 2,791 2,791 133% TOTAL REVENUES 1,584,432 3,334 3,334 0% EXPENDITURES: Salaries and Wages 204,419 51,647 51,647 25% Landscape Maintenance 823,508 184,876 $607,348 792,224 96% (2) Operating Expenditures 504,299 144,108 1,589 145,697 29% TOTAL EXPENDITURES 1,532,226 380,631 608,937 989,568 65% Revenues Over /(Under) Expenditures 52,206 (377,297) Beginning Fund Balance, July 1, 200 704,904 704,904 Ending Fund Balance, Sept 30, 2009 $757,110 $327,607 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance in landscape maintenance is due to encumbrances that are recorded for the entire year. 5 Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget REVENUES: Assessments $6,000,240 (1) Grants 26,240 (2) Recycling Program 5,000 (3) Investment Interest 2,016 $787 $787 39% TOTAL REVENUES 6,033,496 787 787 0% EXPENDITURES: Salaries and Wages 69,958 16,942 16,942 24% Refuse Hauling 5,911,862 Operating Expenditures 66,590 16,143 $700 16,843 25% TOTAL EXPENDITURES 6,048,410 33,085 700 33,785 1% Revenues Over /(Under) Expenditures (14,914) (32,298) Beginning Fund Balance, July 1, 2009 249,632 249,632 Ending Fund Balance, Sept 30, 2009 $234,718 $217,334 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) California State Grant has been frozen for fiscal year 2009 -10. 3) The recycling program revenue is expected to be received by January 2010. 6 Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended Total Percent Budget Activity of Budget REVENUES: Assessments $3,687 Investment Interest 919 $170 18% TOTAL REVENUES 4,606 170 4% EXPENDITURES: Emergency Street Maintenancf 27,000 1,510 6% Property Tax Admin Fees 100 TOTAL EXPENDITURES 27,100 1,510 6% Revenues Over/(Under) Expenditures (22,494) (1,340) Beginning Fund Balance, July 1, 2009 39,248 39,248 Ending Fund Balance, Sept 30, 2009 $16,754 $37,908 Notes: 1) Special Assessment Taxes are primarily received in January and May each fiscal year. 7 Temecula Community Services District Service Level L Lake Park Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Amended YTD YTD Total Percent Budget Activity Encumbr. Activity of Budget REVENUES: Assessments $221,151 (1) Harveston Lake Boat Fees 2,600 $820 $820 32% Investment Interest 4,085 916 916 22% TOTAL REVENUES 227,836 1,736 1,736 1% EXPENDITURES: Salaries Wages 56,670 14,319 14,319 25% Operating Expenditures 194,900 60,353 $77,942 138,295 71% (2) TOTAL EXPENDITURES 251,570 74,672 77,942 152,614 61% Revenues Over /(Under) Expenditures (23,734) (72,936) Beginning Fund Balance, July 1, 2009 236,579 236,579 Ending Fund Balance, September 30, 2009 $212,845 $163,643 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance in operations expenditures is due to encumbrances that are recorded for the entire fiscal year. 8 REVENUES: Temecula Community Services District Temecula Library Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Library Services $148,415 $48,529 $48,529 33% Investment interest 49,591 7,019 7,019 14% TOTAL REVENUES 198,006 55,548 55,548 28% Salaries Wages 13,303 3,123 3,123 23% County Contract 386,900 (1) Operating Expenditures 545,318 107,601 $72,926 180,527 33% TOTAL EXPENDITURES 945,521 110,724 72,926 183,650 19% Revenues Over /(Under) Expenditures (747,515) (55,176) Beginning Fund Balance, July 1, 2009 1,409,060 1,409,060 Ending Fund Balance, September 30, 2009 $661,545 $1,353,884 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Notes: 1) Staff is negotiating the library agreement and payment is expected to be made by the end of this fiscal year. 9 Temecula Community Services District Mayor Summer Youth Program Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Percent Amended YTD Of Budget Activity Budget REVENUES Federal Grant $378,273 $285,529 75% (1) Investment Interest 24 TOTAL REVENUES 378,273 285,553 75% EXPENDITURES: Salaries Wages 349,790 260,810 Operating Expenditures 48,483 10,124 TOTAL EXPENDITURES 398,273 270,934 Revenues Over /(Under) Expenditures (20,000) 14,619 Beginning Fund Balance, July 1, 2009 20,053 20,053 Ending Fund Balance, September 30, 2009 $53 $34,672 Notes: 1) The Mayor's Summer Youth Program qualifying expenditures incurred during the summer months were billed during this quarter. 10 75% (1) 21% 68% Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 Annual Percent Amended YTD Total Of Budget Activity Encumbr. Activity Budget REVENUES Investment Interest $69 $69 Transfer In $481,441 386,000 386,000 80% (1) TOTAL REVENUES 481,11111 386,069 386,069 80% EXPENDITURES: Debt Service Principal 275,000 (2) Debt Service Interest 215,190 (2) Operating Expenditures 3,850 $3,850 3,850 100% (3) TOTAL EXPENDITURES 494,040 3,850 3,850 1% Revenues Over/(Under) Expenditures (12,599) 386,069 Beginning Fund Balance, July 1, 2009 15,429 15,429 Ending Fund Balance, September 30, 2009 $2,830 $401,498 Notes: 1) The operating transfer is processed this quarter for principal and interest payment due in October 2009. 2) Debt service principal and interest are scheduled to be paid on October 1, 2009. 3) The variance is due to encumbrances for trustees fees that are recorded for the entire year. 11 Item No. 16 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: First Amendment to the Willdan Financial Services Agreement for Assessment Engineering Services PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the First Amendment to the Willdan Financial Services Agreement to extend the term and increase the payment by $75,500.00. BACKGROUND: In November 2008, the Temecula Community Services District (TCSD) prepared a Request for Proposal for assessment engineering services. TCSD received five (5) proposals which were reviewed and ranked by a committee. Based on their proposal content and service fee amount, one (1) firm, Willdan Financial Services was interviewed by the committee in January 2009. After the interview the committee determined that Willdan Financial Services was the most qualified firm to provide the required assessment engineering services. Willdan Financial Services maintains an office in Temecula and they have access to Temecula's historical assessment data. In February 2009 the TCSD entered into an agreement with Willdan Financial Services for annual assessment engineering. This agreement's term is to expire on December 31, 2009. The TCSD is satisfied with the level and quality of service provided by Willdan and would like to extend the term, as provided in the original contract, to December 31, 2011. The payment for the additional two (2) years of service will increase the contract original amount of $39,500.00 by $75,500.00. This will bring the total payment to $115,000.00 over a three year period. FISCAL IMPACT: Adequate funds in the amount of $25,500 are available in the 2009- 2010 Temecula Community Services District (TCSD) Operating Budget. Funds in the amounts of $38,500 and $11,500 will be incorporated into the future TCSD operating budgets for FY 2010 -2011 and FY 2011 -2012 respectively. ATTACHMENTS: First Amendment and Attachment A FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WILLDAN FINANCIAL SERVICES FOR ASSESSMENT ENGINEERING SERVICES THIS FIRST AMENDMENT is made and entered into as of December 8, 2009 by and between the Temecula Community Services District, a municipal corporation (hereinafter referred to as "City and Willdan Financial Services, a Corporation (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: a. On February 10, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Assessment Engineering Services in the amount of $39,500.00. b. The parties now desire to extend the term to December 31, 2011 and increase the payment amount by $75,500.00 and amend the Agreement as set forth in this Amendment. follows: 1. This Amendment is made with the respect to the following facts and purposes: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2011 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant quarterly, 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. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed seventy five thousand five hundred dollars and no cents ($75,500.00) for providing assessment engineering services for a total Agreement amount of one hundred fifteen thousand dollars and no cents ($115,000.00)." 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: ATTEST: Chuck Washington, CSD President By: By: Susan W. Jones, MMC, City Clerk /Board Secretary Anne Pelej, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR 2 WILLDAN FINANCIAL SERVICES (Two Signatures if required by corporate papers) Mark J. Risco, Vice President Willdan Financial Services Ms. Josephine Perez -Moses 27368 Via Industria, Suite 110 Temecula, CA 92590 (800) 755 -6864 (951) 587 -3510 FSM Initials: Date: 2010 Total $37,000.00 2011 Total $38,500.00 Total Amended Amount $75,500.00 Original Agreement Amount $39,500.00 Grand Total Amount $115,000.00 Attachment A Exhibit B PAYMENT RATES AND SCHEDULE The folloiwng fixed fees and schedule of quarterly payments shall be in effect for the scope of services as set forth in Sections 2 and 5 of the Agreement. 2010 First Quarter Second Quarter Third Quarter Fourth Quarter Assessment Services Reimbursable Expense Public Notices Total for 2010 Amount Due $5,250.00 December 2009 $5,250.00 March 2010 $5,250.00 June 2010 $5,250.00 September 2010 $21,000.00 $2,000.00 $14,000.00 $37,000.00 2011 First Quarter Second Quarter Third Quarter Fourth Quarter Assessment Services Reimbursable Expense Public Notices Total for 2011 $2,000.00 $15,500.00 $38,500.00 Amount Due $5,250.00 December 2010 $5,250.00 March 2011 $5,250.00 June 2011 $5,250.00 September 2011 $21,000.00 Item No. 17 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Authorization to Solicit Construction Bids for Replacement of Existing Playground Equipment and Safety Surfacing. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors authorize the Community Services Department to solicit construction bids for the replacement of the existing playground equipment and safety surfacing at the Ronald Reagan Sports Park. BACKGROUND: The existing playground equipment and safety surfacing at the Ronald Reagan Sports Park has been in place for approximately 19 years. Due to the age of the playground equipment and heavy use, staff is recommending that the structure be replaced and, thereby, meet new ADA requirements. The play structure at the Ronald Reagan Sports Park continues to be one the City's most popular play structures. The Community Services Department will solicit Request for Proposal (RFP) from three members of California Multiple Awards Schedules (CMAS) to provide design, demolition and installation of new playground equipment and safety surfacing. The Construction Estimate for this project is $55,200.00 FISCAL IMPACT: Sufficient funds have been included in the Capital Improvement Project Fund for FY 2009/2010. O ti Ot, O O N 000 0 O O O 0 00 O N d' 00 l- O eh �p 64 64 64 64 0 O O 69 69 64 0 O O O 69 0 O O O 69 EA 64 0 O 64 Item No. 18 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman Parker, Director of Community Services DATE: December 08, 2009 SUBJECT: Award a Construction Contract for Ronald Reagan Sports Park Desilting Basin Project, Project No. PW05 -13 PREPARED BY: Greg Butler, Director of Public Works Avlin Odviar, Senior Engineer CIP William Becerra, Associate Engineer CIP RECOMMENDATION: That the Board of Directors; Approvals City Attorney Director of Finance City Manager Sief Paz, 42, 1. Award a Construction Contract for Ronald Reagan Sports Park Desilting Basin Project, Project No. PW 05 -13 to Sean Malek Engineering and Construction in the amount of $182,900.00; 2. Authorize the General Manager to approve change orders up to 10% of the contract amount, $18,290.00; 3. Make a finding that the Ronald Reagan Sports Park Desilting Basin Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On December 11, 2007, the Board of Directors adopted a Mitigated Negative Declaration, approved the Ronald Reagan Sports Park Desilting Basin Project, and authorized the Director of Public Works to prepare construction plans and specifications. The project includes draining and grading two desilting ponds adjacent to the Community Recreation Center, located along the westerly side of the park. Upon completion the project will assist with providing adequate storage for runoff water and silt thereby protecting downstream improvements and roadway storm drain systems. On July 22, 2008, the Board of Directors approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Desilting Basin Project. Nine (9) bids were received and publicly opened on Tuesday, August 28, 2008. Staff reviewed all bids and after correcting all mathematical errors, the results were as follows: BIDDER 1. Sean Malek Engineering and Construction 2. Pacific Coast Infrastructure 3. Remedial Civil Construction 4. Grand Pacific Contractors 5. Interwest Pacific, Ltd 6. McKenna General 7. RJ Bullard 8. GK Backlund 9. Mountain Movers A copy of the bid summary is available for review in the Director of Public Works office. BASE BID 315, 510.00 325,046.95 325,284.10 391, 565.50 489,460.50 581,141.80 635,615.50 696,072.38 $1,076,023.22 Staff has reviewed the bid proposals and found Sean Malek Engineering and Construction of Temecula, California to be the lowest responsible bidder for this project. The Engineer's estimate for this project was $318,000.00 for the base bid. The specifications allow for thirty (30) working days for the completion of the project, which is an approximate duration of 1 1/2 months. Staff could not recommend the award of the contract shortly after bids were opened due to the fact that the funding reimbursement commitment from the Federal Emergency Management Agency (FEMA) was not in place. FEMA needed to review the bid proposals to finalize their funding commitment. In the year that has passed, staff coordinated with FEMA and the California Emergency Management Agency (Cal EMA) to process the various administrative requirements to secure the funding. Also, due to environmental restrictions on construction activities occurring during bird nesting season, staff recommends that the award of the construction contract to the original bidder, Sean Malek Engineering, occur immediately. Rejecting the old bids and re- bidding this project will create further delays since any new bids will need to be reviewed by FEMA. Staff recommends deleting portions of the work indicated in the approved Plans and Specifications as allowed in the Notice Inviting Bids of the contract documents. Deleting portions of the work will bring the cost of the project to within the scope approved by FEMA. 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 Ronald Reagan Sports Park Desilting Basin Project consists of grading work located within an existing park, therefore there is no new disturbed area subject to the cost per acre MSHCP fees, and thus the project is exempt. FISCAL IMPACT: The Ronald Reagan Sports Park Desilting Basin Project No. PW05 -13 is included in the City's Capital Improvement Program, Fiscal Years 2010 -2014. There is sufficient budget in the Capital Improvement Project. This project is partially eligible for FEMA funds on a reimbursement basis. In addition, this project is funded with Capital Project Reserves and Proposition 42 funds. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract PROJECT DESCRIPTION Project Title: Source of Funds: Reimbursements /Other (Fema)* Unspecified* Capital Project Reserves Proposition 42 Total Funding: RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND Project Type: Parks Description: Remove silt from the channel located in Ronald Reagan Sports Park and the desiltation pond west of the sports park. Department: Community Services Account No. 210.190.187 Scope of Project: Project will include excavating, hauling away, and disposing of silt in the channel area and desiltation pond, and environmental mitigation. Part of this project was completed in December 2007, in accordance with City Resolution 07 -105, Declared Local Emergency. Benefit: Project will increase the flow capacity of the channel in order to prevent flooding in the sports park, and increase the capacity of the pond to hold storm water and reduce down stream sedimentation. Project Cost: Actuals Future Total Project to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Years Cost Administration 89,204 70,875 2,700 2,700 2,700 2,700 2,700 173,579 Construction 41,850 387,061 428,911 Design 155,156 15,918 171,074 Environmental 21,000 21,000 21,000 21,000 21,000 105,000 MSHCP 21,446 21,446 Totals 286,210 495,300 23,700 23,700 23,700 23,700 23,700 900,010 128,264 223,670 157,946 183,630 23,700 88,000 Future 0 M Cost: 20,000 Annually *Part of this project was completed in December 2007 in accordance with City Resolution No. 07 -105, Declared Local Emergency. Requires FEMA approval for additional funds *This project cannot be constructed until a funding source is identified. 143 PRIORITY: I 351,934 23,700 23,700 23,700 23,700 94,800 365,276 88,000 286,210 495,300 23,700 23,700 23,700 23,700 23,700 900,010 TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW05 -13 RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT THIS CONTRACT, made and entered into the 8_day of December, 2009 by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT and Sean Malek Engineering and Construction, 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. PW05- 13, RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT, 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. PW05 -13, RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT. 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. PW05- 13, RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT. 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 C:Pmgram FIesYNeevia.CornOocument Converterhen053403.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. PW05 -13 RONALD REAGAN SPORTS PARK DESILTING BASIN PROJECT 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: ONE HUNDRED EIGHTY TWO THOUSAND NINE HUNDRED DOLLARS AND NO CENTS 182,900.00). CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by 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 C:Pmgram FIesYNeevia.CornOocument Converterhen053403.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 Deputy 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:lPmgram FIesYNeevia.CodtDocument Converterhenpl953403.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:lPmgram FIesYNeevia.CodtDocument Converterhenpl953403.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 C:Pmgram FIesYNeevia.CornOocument Converterhen053403.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 C:Pmgram FIesYNeevia.CornOocument Converterhen053403.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 Sean Malek Engineering and Construction 43905 Margarita Road Temecula, CA 92592 (951) 302 -7723 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:Pmgram FIesYNeevia.CornOocument Converterhen053403.doc 1 DISTRICT BUSINESS TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 8, 2009 SUBJECT: Appointment of President and Vice President of the Community Services District for Calendar Year 2010 RECOMMENDATION: That the Board of Directors: 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2010, to preside until the end of Calendar Year 2010; 2. Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2010, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2010. BACKGROUND: The Community Services District Board of Directors appoints a member to serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2010. FISCAL IMPACT: None Approvals City Attorney Director of Finance City Manager Sief Paz, 42, 1 REDEVELOPMENT AGENCY ACTION MINUTES of NOVEMBER 10, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:55 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: RDA PUBLIC COMMENTS RDA CONSENT CALENDAR Comerchero, Roberts 21 Action Minutes Approved Staff Recommendation (3 -0 -2) Agency Member Washington made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected approval of those present with Agency Member Comerchero and Chair Person Roberts absent RECOMMENDATION: 21.1 Approve the action minutes of October 27, 2009. 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:55 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 24, 2009, at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] 2 Ron Roberts, Chairperson ACTION MINUTES of NOVEMBER 24, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:22 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: Washington RDA PUBLIC COMMENTS RDA CONSENT CALENDAR 18 Action Minutes continued to the 12/8/09 meeting RECOMMENDATION: 18.1 Approve the action minutes of November 10, 2009. JOINT CITY COUNCIL /REDEVELOPMENT PUBLIC HEARING 19 Establishment of California State University San Marcos at Temecula located at Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula and Agency Funding of Improvements and Development Costs at the request of the Higher Education AdHoc Subcommittee Members (Washington Naggar) RECOMMENDATION: 19.1 That the City Council adopt a resolution entitled: Approved Staff Recommendation (4 -0 -1) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present with Council Member Washington absent 1 RESOLUTION NO. 09 -97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA, AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA 19.2 That the Board of Directors of the Redevelopment Agency of the City of Temecula adopt the following resolution: Approved Staff Recommendation (4 -0 -1) Agency Member Naggar made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected approval of those present with Agency Member Washington RESOLUTION RDA NO. 09 -11 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA, AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA 19.3 That the Board of Directors of the Redevelopment Agency of the City of Temecula appropriate $3,000,000 from RDA Fund Balance for improvements to and development of California State University San Marcos at Temecula as provided in the Funding Agreement. Approved Staff Recommendation (4 -0- 1) Agency Member Naggar made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected approval of those present with Agency Member Washington Chair Person Roberts opened the joint public hearing and the following individuals spoke with regard to this item: Allen Pulsipher Temecula Valley Unified School District Carol Leighty Temecula Valley Unified School District There being no additional speakers, the joint public hearing was closed. 2 RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 8:04 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 8, 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 /Agency Secretary [SEAL] 3 Ron Roberts, Chairperson 1 FISCAL IMPACT: None TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Genie Roberts, Director of Finance DATE: December 08, 2009 SUBJECT: Financial Statements for the Three Months Ended September 30, 2009 PREPARED BY: Jennifer Crummel, Senior Accountant Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Three Months Ended September 30, 2009. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Three Months Ended September 30, 2009. Please see the attached financial statements for an analytical review of financial activity. ATTACHMENTS: Combining Balance Sheet as of September 30, 2009 Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009. TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 2009 And the Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Three Months Ended September 30, 2009 (Unaudited) Prepared by the Finance Department ASSETS: Cash and Investments $6,884,798 $5,839,931 $6,633,031 $19,357,760 Receivables 10,915,805 7,019 19,554 10,942,378 Land Held for Resale 6,616,177 98,484 6,714,661 TOTAL ASSETS $24,416,780 $5,945,434 $6,652,584 $37,014,798 LIABILITIES and FUND BALANCE Liabilities: Other Current Liabilities $156,482 $125,583 $200,000 $482,065 Due to Other Fund 1,558,878 1,558,878 Deferred Revenue 10,533,041 10,533,041 Total Liabilities 10,689,524 125,583 1,758,878 12,573,985 Fund Balances: Reserved 12,978,581 336,327 1,314,646 14,629,554 Designated 748,675 5,483,524 3,579,061 9,811,260 Total Fund Balance: 13,727,256 5,819,851 4,893,707 24,440,814 TOTAL LIABILITIES anc FUND BALANCE Please note that these balances are unauditec Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2009 Affordable Housing CIP Debt Fund Fund Service $24,416,780 $5,945,434 $6,652,584 $37,014,798 Total REVENUES: TOTAL REVENUES 4,953,134 101,960 101,960 2% Property Tax Increment $4,263,400 $51,588 $51,588 1% (1) Investment Interest 208,417 49,285 49,285 24% Rental Income 143,000 (2) Sale of Property 314,635 (3) Loan Interest/Forgivable loans 23,682 1,087 1,087 5% (4) EXPENDITURES: OPERATING EXPENDITURES: Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Redevelopment Agency Affordable Housing For the Three Months Ended September 30, 2009 CAPITAL PROJECTS: Affordable Housing- Temecula Gardens 165 -811 305,000 305,000 305,000 100% (5) Affordable Housing -Old Town Mixed Use 165 -812 5,500,000 5,075,390 5,075,390 92% (6) Residential Rehabilitation Programs 165 -813 202,325 25,228 9,275 34,503 17% Affordable Housing- Warehouse @Creekside 165 -814 6,000,000 6,000,000 6,000,000 100% (7) NW RDA Property Grading NPDES Compliance 165 -839 84,968 3,000 3,000 4% (8) 12,092,293 5,408,618 6,009,275 11,417,893 Salaries and Benefits 497,910 137,088 137,088 28% Operating and Administrative Expenditures 583,478 131,674 $14,813 146,487 25% Homebuyer Program 1,665,000 TOTAL EXPENDITURES 2,746,388 268,762 14,813 283,575 10% Revenues Over /(Ylnder) Expenditures (9,885,547) (5,575,420) Beginning Fund Balance, July 1, 2009 19,302,676 19,302,676 Ending Fund Balance, Sept 30, 2009 $9,417,129 $13,727,256 NOTES: (1) Property Tax increment is received in January and May of this fiscal year. (2) The annual rent from Temecula Gardens is due by April of this fiscal year. (3) The final note repayment from the sale of Black Property is due by March 31, 2010. (4) The variance is due to current housing/homeowners are not refinancing their residential rehabilitation loans. (5) Annual payment to JP Morgan Chase (6) The variance is due to the first installment recorded for the Summerhouse Project. (7) The variance is due to the encumbrance recorded for the Creekside Project. (8) The variance is due to abnormally low amounts of rainfall resulting in less grading maintenance. Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget 2 Transfers Out NOTES: Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Redevelopment Agency CIP For the Three Months Ended September 30, 2009 REVENUE S: Investment interest $48,645 $8,317 $8,317 17% Transfer In 900,000 (1) Miscellaneous Income 1,700 1,700 TOTAL REVENUES 948,645 10,017 10,017 1% CAPITAL PROJECTS: Auto Mall Sign 280 -842 875,000 OPERATING EXPENDITURES: Salaries and Wages 207,539 43,742 43,742 21% Operating and Administrative Expenditures 613,453 59,025 $161,435 220,460 36% (2) Old Town Plan Implementation 285,450 63,793 26,683 90,476 32% TOTAL EXPENDITURES: 1,981,442 166,560 188,118 354,678 18% Revenues Over /(Under) Expenditures (1,032,797) (156,543) Other Financing Sources (Uses): Revenues Over /(Under) Expenditures and Other Financing Sources (Uses) Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2009 Annual Percent Amended YTD Total of Budget Activity Encumbrances Activity Budget (6,474,115) (3,707,538) (7,506,912) (3,864,081) 9,683,932 9,683,932 $2,177,020 $5,819,851 (1) The variance is due to the timing of the operating transfer in for this Fund. (2) The variance is due to encumbrances due to outside services and consultant services. 3 REVENUES: Property Tax Increment Investment Interest NOTES: TOTAL REVENUES OPERATING EXPENDITURES: Trustees Admin Fees Property Tax Admin Fees Pass Through Agreements Debt Service Principal Debt Service Interest Developer Agreement TOTAL EXPENDITURES: Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual Redevelopment Agency Debt Service For the Three Months Ended September 30, 2009 Revenues Over /(Under) Expenditures Other Financing Sources (Uses): Transfers Out Revenues Over /(Under) Expenditures and Other Financing Sources (Uses Beginning Fund Balance, July 1, 2009 Ending Fund Balance, Sept 30, 2009 Annual Percent Amended YTD Total of Budget Activity Encumbrances Activity Budget $17,053,600 $206,644 $206,644 1% (1) 34,317 10,120 $10,120 29% 17,087,917 216,764 216,764 1% 15,975 7,525 188,687 11,838,000 143,281 710,000 710,000 3,051,121 1,061,918 40,000 15,843,783 1,922,724 1,244,134 (1,705,960) (4,424,608) (3,180,474) (1,705,960) 6,599,667 6,599,667 $3,419,193 $4,893,707 4 $8,450 8,450 (1) Property Tax increment and Pass Through Agreement obligations are received in January and May of this fiscal year. (2) Trustees admin fees for RDA TAB's are paid in August of this fiscal year. (3) Property Tax Admin Fees are recorded in January and May when the RDA tax increment is received. (4) Debt Service Principal and interest expenditures for RDA TAB's represent payments made in August of this fiscal year. (5) Agreement thresholds have not been met in order for the Agency to disburse budgeted funds. $15,975 100% (2) $143,281 1% (1) $710,000 100% (4) $1,061,918 35% (4) (5) 1,931,174 12% 1 22 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Genie Roberts, Director of Finance DATE: December 8, 2009 RESOLUTION NO. RDA 09- Approvals City Attorney Director of Finance City Manager 346 GCL SUBJECT: Redevelopment Agency Proposed Tax Allocation Housing Bonds Designation of Consultants RECOMMENDATION: That the Board of Directors adopt a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION HOUSING BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BACKGROUND: Under the Community Redevelopment Law, the Redevelopment Agency is obligated to use not less than twenty percent of the tax increment revenues that are allocated to the Redevelopment Agency pursuant to the Community Redevelopment Law to increase, improve and preserve the community's supply of low and moderate income housing (the "low and moderate income housing funds In order to finance the Redevelopment Agency's housing activities, the Redevelopment Agency is considering the issuance of tax allocation housing bonds, which would be repaid from the low and moderate income housing funds, to fund some of its outstanding housing obligations and to provide funds to assist with other prospective housing projects. In order to issue the bonds, the Redevelopment Agency needs the assistance of various professionals, including a financial advisor, bond counsel, disclosure counsel and a bond underwriter. In response to the State of California take aways from Redevelopment Agencies and to preserve the Redevelopment Agency's ability to pursue additional housing projects, staff recommends that the Board of Directors of the Redevelopment Agency adopt a resolution (a) directing Staff to proceed with the preparation of documentation necessary to provide for the issuance of the tax allocation housing bonds, which documents shall in any event be subject to the approval of the Board of Directors of the Redevelopment Agency at a future Redevelopment Agency meeting; (b) designating the professionals necessary to assist Staff with the issuance of the bonds, including Fieldman, Rolapp Associates as financial advisor, Quint Thimmig LLP as bond counsel, McFarlin Anderson LLP as disclosure counsel and Stone Youngberg LLC as bond underwriter; and (c) authorizing the Executive Director of the Redevelopment Agency to execute agreements with the professionals for their services related to the bonds in form acceptable to the Executive Director and Agency Counsel. All compensation payable to the financial advisor, bond counsel and disclosure counsel will be contingent upon the sale and issuance of the bonds, and it is expected that all of the consultants will be paid from bond proceeds (or, in the case of the underwriter, by means of a discount on the purchase by it of the bonds). Each of the consultants has assisted the Redevelopment Agency in connection with prior issuances by the Redevelopment Agency of tax allocation bonds. Staff will bring forward a preliminary analysis and funding options to the RDA Subcommittee for discussion and consideration of a potential bond financing in January 2010. FISCAL IMPACT: The adoption of the Resolution will allow the Executive Director to enter into contracts with various professionals that are needed to assist with the issuance of tax allocation housing bonds of the Agency. Those contracts may obligate the Redevelopment Agency to pay various fees and expenses, all of which will be contingent upon the sale and issuance of the bonds, and all of which are expected to be paid from the proceeds of the bonds or by means of a discount on the purchase of the bonds. If for any reason the bonds are not issued, the Agency will have no financial obligation to any of these consultants for their work related to the Bonds. ATTACHMENTS: Resolution No. RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION HOUSING BONDS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In connection with housing activities of the Redevelopment Agency of the City of Temecula (the "Agency related to its Temecula Redevelopment Project No. 1 (the "Redevelopment Project the Agency has entered into various agreements obligating it to provide funds to assist in the development of housing for persons and families of low and moderate income, and the Agency expects that it will enter into additional agreements to provide monetary assistance to other developers of such housing. Section 2. In order to finance its housing activities, the Agency is considering the issuance of tax allocation housing bonds (the "Bonds the principal of and interest on which will be payable from tax increment revenues received by the Agency from the Redevelopment Project that are required by the California Redevelopment Law to be used to increase, improve and preserve the supply of low and moderate income housing. Section 3. Officers and officials of the Agency are hereby authorized to proceed with the preparation of documents necessary to provide for the issuance and sale of the Bonds. All such documents to which the Agency will be a party shall be subject to the final approval thereof by the Board of Directors of the Agency at a subsequent meeting of the Board of Directors. Section 4. Fieldman, Rolapp Associates is hereby designated as financial advisor to the Agency, Quint Thimmig LLP is hereby designated as bond counsel to the Agency, and McFarlin Anderson LLP is hereby designated as disclosure counsel to the Agency, each in connection with the issuance and sale of the Bonds. The Executive Director is hereby authorized and directed to execute agreements with such firms for their services with respect to the Bonds, in forms acceptable to the Executive Director and Agency Counsel; provided that any and all compensation payable to such firms shall be contingent upon the sale and issuance of the Bonds. Section 5. Stone Youngberg LLC, is hereby designated as underwriter to the Agency in connection with the issuance and sale of the Bonds. Section 6. The Chairperson, the Vice Chairperson, the Executive Director, the Treasurer, Agency Counsel, the Secretary and all other appropriate officials of the Agency are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this Resolution and the financing herein authorized. ATTEST: Section 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula this 8 day of December, 2009. Susan W. Jones, MMC City Clerk /Board Secretary [SEAL] Ron Roberts, Chairperson STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 09- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the 8 day of December, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary 1 JOINT CITY COUNCIL AND RDA PUBLIC HEARING 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: December 8, 2009 SUBJECT: 2010 -2014 Redevelopment Agency Implementation Plan RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE -YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1 -1988 BACKGROUND: Effective January 1, 1994, AB 1290 established a requirement that the Redevelopment Agency adopt an Implementation Plan prior to December 31, 1994 and each five years thereafter for the redevelopment project area. The Implementation Plan was first adopted by the Redevelopment Agency on November 29, 1994, again on January 1, 2000, and again on December 7, 2004. The current Implementation Plan expires on December 31, 2009. The attached document is the Implementation Plan for the period beginning January 1, 2010 and expiring on December 31, 2014. The Plan includes, as required, a description of specific programs and potential projects and estimated expenditures anticipated to be undertaken within the redevelopment project area within the five -year period of the Plan. It also includes an explanation of how the potential projects and estimated expenditures will eliminate blight within the project area. The Plan must also contain, for each of the five years, an annual housing program including a description of the number of housing units destroyed and /or removed, and the number units developed, substantially rehabilitated, price restricted and /or otherwise assisted. Further, the Implementation Plan must describe the Agency's plans for the use of annual deposits in the Low to Moderate Income Housing Fund. Additionally, if the Plan contains a project or projects for which the Redevelopment Agency is providing financial assistance and will result in the destruction or removal of dwelling units housing persons of low or moderate income, the Plan must identify proposed locations suitable for replacement housing units. In order to be in compliance with AB1290 and to establish the Agency's five -year goals, staff recommends adoption of the attached Resolution adopting the Plan. FISCAL IMPACT: The adoption of the Implementation Plan does not bind the Redevelopment Agency to the expenditures described in the Plan and has no direct fiscal impact. ENVIRONMENTAL: Adoption of the Implementation Plan does not constitute an approval of any specific program, project, or expenditure described in the Plan and, therefore, the Plan is not a project under the California Environmental Quality Act. ATTACHMENTS: Redevelopment Agency Resolution 2010 -2014 Implementation Plan RESOLUTION NO. RDA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE -YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1 -1998 THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. That the Board of Directors of the City of Temecula Redevelopment Agency finds and determines that: A. On July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan No. 1- 1988" (hereafter referred to as the "Temecula Plan B. Subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989. C. Pursuant to City Ordinance No. 91 -11, which became effective May 9, 1991, and City Ordinance No. 91 -15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula, as of July 1, 1991. Pursuant to City Ordinance Nos. 93 -03 and 93 -04, City Ordinance No. 91 -11 was codified at Section 8.04.010 of the Temecula Municipal Code. D. Pursuant to City Ordinance No. 94 -33, the Temecula Plan was amended to provide for the extension of the Temecula Plan and other financial matters. E. The California Legislature has adopted Health Safety Code Section 33490 which provides that every agency shall consider and adopt, following a public hearing, an implementation plan for each project area which shall contain the specific goals and objectives of the agency for the project area, including potential projects and estimated expenditures proposed to be made during the next five years and an explanation of how the goals and objectives, programs and expenditures will eliminate blight within the project area and implement the Agency's low and moderate income housing obligations. F. On November 29, 1994, the Redevelopment Agency of the City of Temecula adopted Resolution No. 99 -06 adopting a Five -Year implementation Plan for 1999 to 2004 pursuant to the requirements of Health Safety Code Section 33490 for Temecula Redevelopment Project No. 1- 1988" "Implementation Plan G. On December 7, 1999, the Redevelopment Agency of the City of Temecula conducted a duly noticed public hearing in accordance with the requirements of Health Safety Code Section 33490 and considered the comments of the public with respect to the proposed "Implementation Plan for Temecula Redevelopment Project No. 1- 1988" "Implementation Plan H. On December 7, 2004, the Redevelopment Agency of the City of Temecula conducted a duly noticed public hearing in accordance with the requirements of Health Safety Code Section 33490 and considered the comments of the public with respect to the proposed "Implementation Plan for Temecula Redevelopment Project No. 1- 1988" "Implementation Plan On December 8, 2009, the Redevelopment Agency of the City of Temecula conducted a duly noticed public hearing in accordance with the requirements of Health Safety Code Section 33490 and considered the comments of the public with respect to the proposed "Implementation Plan for Temecula Redevelopment Project No. 1- 1988" "Implementation Plan J. All legal prerequisites to the adoption of this Resolution and the proposed Implementation Plan and Housing Strategic Plan have occurred. Section 2. The Agency hereby specifically finds all of the facts stated in the recitals set forth above are true and correct. Section 3. Pursuant to Health Safety Code Section 33490, the Agency hereby adopts the document entitled "Implementation Plan for Temecula Redevelopment Project No. 1 -1988, for the period of January 1, 2010 through December 31, 2014," a true, correct and complete copy of which is attached hereto as Exhibit A, and incorporated herein by this reference as though set forth in full. Section 4. Environmental Findings. Pursuant to Health Safety Code Section 33490(a)(1)(B), adoption of the Implementation Plan and Housing Strategic Plan does not constitute an approval of any specific program, project, or expenditure described in the plan and, therefore, the Implementation Plan is not a project under the California Environmental Quality Act. Section 5. The Secretary of the Agency shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 8th day of December, 2009. ATTEST: Susan W. Jones, MMC City Clerk /Board Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 09- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of November, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Ron Roberts, Chairperson Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Redevelopment Agency 2010 2014 Implementation Plan Redevelopment Project No. 1 -1988 "From Concept to Concrete" Realizing Affordable Housing Goals in the City of Temecula TABLE OF CONTENTS Statement of Purpose 2 II. Legislative Requirements 2 III. Demographic Information 3 IV. Background 4 V. Identified Conditions of Blight 6 VI. Long Term Objectives Of The Redevelopment Plan 8 VII. Short Term (Five -Year) Project Goals For The Project Area 9 VIII. Implementation Activities To Achieve Short Term Goals 11 IX. Relationship Between Implementation Activities And The Findings of Blight 12 X. Inclusionary And Replacement Housing Requirements 14 XI. Replacement Housing Requirements 19 XII. Replacement Housing Plan 19 XIII. Housing Set -Aside Requirements 22 XIV. Long Term Housing Goals and Policies 23 APPENDIX A 26 I. STATEMENT OF PURPOSE IMPLEMENTATION PLAN FOR THE TEMECULA REDEVELOPMENT PROJECT PLAN This Implementation Plan for the City of Temecula Redevelopment Agency (RDA) is prepared pursuant to Health Safety Code Section 33490. Its purpose is to set forth the goals of the Redevelopment Plan for the City of Temecula Redevelopment Project Area and to present an overview of the programs the RDA expects to implement over the next five years to advance those goals and to eradicate blight within the Project Area. The Implementation Plan presents information on general redevelopment capital improvements and activities to be undertaken using the Housing Fund. The Implementation Plan for the period covering January 1, 2010 through December 31, 2014 will be especially challenging for the Agency because of the State of California Supplemental Educational Revenue Augmentation Fund (SERAF) take of $5.3 Million. The City of Temecula Redevelopment Agency will use funds from its 20% Housing Set -Aside Fund to pay the State for the SERAF. This will compromise the Agency's ability to produce affordable housing. The SERAF take will jeopardize the production of at least 35 to 40 new affordable housing units, or the rehabilitation of between 60 to 70 affordable units. Adoption of the Implementation Plan does not constitute an approval of any specific program, project, or expenditure described in the plan and, therefore, the Implementation Plan is not a project under the California Environmental Quality Act requiring environmental documentation. I1. LEGISLATIVE REQUIREMENTS Assembly Bill 1290, also known as the Community Redevelopment Law Reform Act of 1993, effective January 1, 1994, enacted numerous revisions to the California Community Redevelopment Law including a requirement for the adoption of an implementation plan. The California Community Redevelopment Law, Health and Safety Code Section 33490 now requires that each redevelopment agency adopt an implementation plan prior to December 31, 1994 and each five years thereafter for each redevelopment project area. The Implementation Plan was first adopted by the Redevelopment Agency on November 29, 1994, on January 1, 2000, and December 7, 2004. The last Implementation Plan (2005- 2009) included a mid -term public hearing which was held on November 6, 2007. This Implementation Plan is for the period beginning January 1, 2010 and expiring on December 31, 2014. The implementation plan must contain the specific goals and objectives of the Redevelopment Agency for each project area; the potential projects and estimated expenditures proposed to be made during the five year period of the plan; and, an explanation of how the goals and objectives, potential projects and estimated expenditures will eliminate blight within the project area, and implement the housing related requirements of Code Sections 33334.2, 33334.4, 33334.6, and 33413. 2 The implementation plan must contain, for each year of the five -year period, an annual housing program, including estimates of the number of housing units destroyed and /or removed, and the number of units developed, rehabilitated, price restricted and /or otherwise assisted. Further, the implementation plan must describe the Agency's plans for the use of the annual deposits in the low and moderate income housing fund during each of the next five years. Additionally, if the implementation plan contains a project or projects for which the Redevelopment Agency is providing financial assistance, and which will result in the destruction or removal of dwelling units housing persons and families of low -or moderate income, the implementation plan must identify proposed locations suitable for replacement housing units. In accordance with Code Section 33490(c), the Agency must conduct a public hearing and hear testimony of all interested parties relative to the Redevelopment Plan and the implementation plan at least once within the five -year term of the Implementation Plan. The hearing must take place no earlier than two years and no later than three years after adoption of the implementation plan. Notice of public hearings conducted regarding the adoption of the implementation plan must be published pursuant to Code Section 6063 of the Government Code and posted in at least four permanent places within the project area for a period of three weeks. Publication and posting must be completed not less than 10 days prior to the date set for hearing. III. DEMOGRAPHIC INFORMATION Population. The State of California Department of Finance estimates that as of January 1, 2009, the City's population reached an estimated 102,604. Ethnicity. From the 2006 American Community Survey, the Census Bureau found that about 61.0% of the Temecula's residents are White, about 22.6% are Hispanic, about 8.8% are Asians and Pacific Islanders, and about 4.2% are African American. Ade. Temecula is a relatively young city, reflecting the large number of families with children that have migrated to the Temecula Valley. Its largest groups are children and teens 10 -19 years (18.5 and their parents aged 25 -34 (17.5 and aged 35 44 (17.1°A). About 10.9% of Temecula's population is over 55. Children under 10 years of age, and adults over the ages of 44 make up the remaining 36% of the population. Households. From 2000 -2008, the number of dwelling units in Temecula grew strongly, up 13,431 units to 32,453. This included 11,622 additional single family units, 1,808 multi tenant units, and one mobile home. In 2008, 64.9% of dwelling units were owner occupied. Income. Temecula's average household income reached $90,946 in 2008. The largest share of Temecula's households, 29.6 is within the $100,000 $149,999 income group, followed by 20.4% from $50,000 $74,999. For 2009, the Area Median Income (AMI) for Temecula is $64,500 for a family of four. However, a significant portion of Temecula's households, 31.4 made less than $50,000 per year in 2008. 3 Education. Temecula's high income levels are directly related to its educational levels. In 2006, 30.9% of the city's adults had a Bachelor's degree or advanced degree. At the same time, 64.5% of the city's adults had at least attended college. IV. BACKGROUND The Redevelopment Plan for Redevelopment Project No. 1 -1988 was adopted by the Riverside County Board of Supervisors by Ordinance No. 658 adopted on July 12, 1988. The City of Temecula was incorporated on December 1, 1989. Subsequently, on April 9, 1991, the City Council approved Ordinance No. 91 -14 activating the Redevelopment Agency of the City of Temecula (Agency) and Ordinance No. 91 -15 adopting the County of Riverside Redevelopment Plan No. 1 -1988. Pursuant to City Ordinance No. 94 -33, the Plan was amended to extend the life of the Plan and modify certain financial provisions. Project Area Description The project area includes approximately 1,635 acres of land within four sub -areas as indicated in Figure 1. Sub -Areas Nos. 1, 2, and 3 are all located west of Interstate 15. Sub Area No. 4 straddles Interstate 15 along Winchester and Ynez Roads. Sub -Area Descriptions /Current Land Uses Sub -area 1 is located south of the Old Town area along Front Street. The primary land uses in this sub -area are highway and locally serving commercial with some office and industrial uses interspersed. The area west of Front Street is mostly vacant or is the channel of Murrieta Creek. Sub -area 2 contains the historic core of Old Town Temecula. It is generally located between First and Sixth Streets, and including the Pujol neighborhood. The primary land uses in the sub -area are commercial, office, and residential. The channel of Murrieta Creek also crosses this sub -area. Sub -area 3 is located north of the Old Town core. It is generally situated between Sixth Street and Winchester Road. The primary land uses are commercial and industrial. Most of the commercial properties are located along Front Street and Jefferson Road. The area west of Murrieta Creek is primarily industrial. There is limited vacant land in this sub -area. The channel of Murrieta Creek also crosses this sub -area. Sub -area 4 includes property north of Winchester Road and east of Interstate 15. The primary and uses in this sub -area are commercial and industrial. The channel of Murrieta Creek forms the westerly boundary of this area. Redevelopment Area Subareas L 1 Parcels Subarea High i Centerline j I Z RDA Boundary City firs nap was nude M *e Cty 0r7Mredi Geoqupb o b/IDe Av er The map sIw ara TeracCXOn and Land VaugarnertMeoy tx Raeude COul me Cry otTereaXamarled rW nam'•y tt r crdeiv or r edartodon cataract :el as nap. Data and ribrmaa n on prte on era map a7! rra rd Xd :o dour meddaltet 7tre GeogrdpHc nrmrw:m `..'y5:en aro cafe SCUM C NOW be WMtlAIM RCit curet VramXbn fl 7118 41p Y net all tergI t °mutt rgaredtorm aeansasmd Figure 1, Redevelopment Project Area and Sub -Areas Affordable Housing Accomplishments Redevelopment Project Area 1 -1988 was created by the County of Riverside on July 12, 1988. Subsequently, the City of Temecula Redevelopment Agency was created on April 9, 1991. Since that date 688 affordable housing units have been constructed or rehabilitated within the Project Area as shown in the Table below. This represents an average of 32.76 units per year. However, continuing at this average, it would take about 42 years to meet the remaining affordable housing need of 1,381 affordable units identified in the City of Temecula Regional Housing Needs Assessment (after credits for projects approved or "in the pipeline for the 2008 -2014 planning period. This is described in detail in the City of Temecula Housing Element, which was updated by the Redevelopment Agency in 2009. Assisted Housing Projects in Temecula Existing and Under Construction Unit Count by Income Level V. IDENTIFIED CONDITIONS OF BLIGHT The report to the Riverside County Board of Supervisors (Report) prepared in connection with the adoption of Redevelopment Plan No. 1-1988 identifies the blighting conditions within the Project Area that the Redevelopment Plan is intended to remedy. The blighting conditions that were identified in the Report are as follows: The age, obsolescence, deterioration, mixed character or shifting of uses. The subdividing and sale of lots of irregular form and shape, and inadequate size for proper usefulness and development. 6 Income Level Unit Type /Project Extremely Low Very Low Low Moderate Above Moderate Total Units Owner Occupied Cottages of Old Town 17 17 Habitat for Humanity (Pujol St.) 5 5 Habitat for Humanity (6th St.) 2 2 Tenant Occupied Creekside Apartments 15 33 48 Dalton II 24 24 Dalton III 12 10 22 Mission Village Apartments 16 60 76 Oaktree Apartments 40 40 Rancho California Apartments 55 55 Rancho Creek Apartments 8 22 30 Rancho West Apartments 2 43 105 150 Riverbank Senior Apartments 13 53 66 Summerhouse 90 20 110 Temecula Lane 11 11 Warehouse at Creekside 20 12 32 2 203 400 83 0 688 Affordable Housing Accomplishments Redevelopment Project Area 1 -1988 was created by the County of Riverside on July 12, 1988. Subsequently, the City of Temecula Redevelopment Agency was created on April 9, 1991. Since that date 688 affordable housing units have been constructed or rehabilitated within the Project Area as shown in the Table below. This represents an average of 32.76 units per year. However, continuing at this average, it would take about 42 years to meet the remaining affordable housing need of 1,381 affordable units identified in the City of Temecula Regional Housing Needs Assessment (after credits for projects approved or "in the pipeline for the 2008 -2014 planning period. This is described in detail in the City of Temecula Housing Element, which was updated by the Redevelopment Agency in 2009. Assisted Housing Projects in Temecula Existing and Under Construction Unit Count by Income Level V. IDENTIFIED CONDITIONS OF BLIGHT The report to the Riverside County Board of Supervisors (Report) prepared in connection with the adoption of Redevelopment Plan No. 1-1988 identifies the blighting conditions within the Project Area that the Redevelopment Plan is intended to remedy. The blighting conditions that were identified in the Report are as follows: The age, obsolescence, deterioration, mixed character or shifting of uses. The subdividing and sale of lots of irregular form and shape, and inadequate size for proper usefulness and development. 6 The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. A prevalence of depreciated values, impaired investments, and social and economic maladjustment. The defective design in character or physical condition. More recently, a prolonged nationwide recession has led to significant job losses in the Inland Empire, the impact of which has had significant impacts on the single family housing market and high commercial vacancy rates in Temecula. Problems associated with job losses, vacant commercial buildings, and scores of vacant and /or poorly maintained Real Estate Owned (REO) homes and have caused those and surrounding properties to lose value and contribute to mortgage default. As REO homes are released for sale into the market property values continue to drop. This trend has continued throughout 2009 as indicated in the figures below: 2009 Forelcosure Data DEFAULT FORECLOSED A REO JAN FEB MAR APR MAY JUNE JULY AUG SEPT 7 Thousands $60() $500 $400 $300 $200 I 00 $0 $197 $218 Median Home Price 2000 2008 $323 S416 Source: Data Quick Information Systems, 2009 5 $492 2000 2001 2002 2003 2004 2005 2006 2007 2008 The glut of REO housing stock and vacant existing inventory has caused the median home prices in Temecula to drop steadily since 2006. According to current figures from DataQuick, the median price of a home in Temecula for September 2009 was $255,750. VI. LONG -TERM OBJECTIVES OF THE REDEVELOPMENT PLAN $440 $320 The Project Area includes a number of conditions which are specified in the California Community Redevelopment Law as characteristics of blight. The objective of the Redevelopment Plan is to eliminate such conditions of blight by providing needed public improvements, by encouraging rehabilitation and repair of deteriorated structures, by facilitating land assembly and development which will result in employment opportunities and an expanded tax base; and by promoting development in accordance with applicable land use controls. The Redevelopment Plan contains the following general objectives: (1) Provide a broad range of public service infrastructure improvements to induce private investment in the Project Area. Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks, the installation of street lights, the construction and reconstruction of water storage and distribution facilities, the construction and reconstruction of sewage collection 8 systems, development of drainage and flood control facilities, and the construction and reconstruction of overpasses and bridges. (2) Where appropriate to enhance the public health, safety and welfare, provide new or improved community facilities such as fire stations, park and recreational facilities and other public facilities. (3) Promote the preservation and enhancement of Old Town Temecula following goals established for the Old Town Specific Plan. (4) Promote the improvement and centralization of industrial areas to make the provision of public services more efficient and to relieve development pressure on agricultural lands. (5) Promote the expansion of the City's industrial and commercial bases and local employment opportunities to provide jobs to unemployed and underemployed workers in the City. (6) Assist economically depressed areas and reverse stagnant assessed valuation trends. (7) Protect the health and general welfare of low -and moderate income residents within the Project Area by utilizing 20% of tax increment revenue to increase and improve the supply of low -and moderate- income housing both inside and outside the Project Area. (8) Upgrade the physical appearance of the Project Area. (9) Encourage investment in the Project Area by the private sector. (10) Remove economic impediments to land assembly and in -fill development in areas which are not properly subdivided for development. (11) Consolidate parcels as needed to induce new or expanded, centralized commercial development in the Project Area. (12) Buffer residential neighborhoods from the intrusion of incompatible land uses and noise. (13) Encourage the cooperation and participation of Project Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. VII. SHORT -TERM (FIVE -YEAR) GOALS FOR THE PROJECT AREA The priority short -term goals for the Project Area are intended to guide the City's redevelopment program from 2010 through 2014. it is anticipated that the majority of the projects and activities undertaken by the Redevelopment Agency (except those resulting from emergency situations) will meet these goals. 9 Provide a broad range of public infrastructure improvements to induce private investment in the Project Area (Long -Term Objective 1). Short -term goals will be achieved by successfully designing and constructing public improvements needed to spur development activity in blighted areas. An example of such improvements is the recently completed undergrounding of utilities on Main Street and Mercedes Street in Old Town Temecula. By taking the lead on such improvements, the Agency relieves property owners of this financial burden. Enhance the public safety and welfare by providing improved community services (Long -Term Objective 2). Public safety and welfare goals will be achieved by designing and constructing public facilities and utilities that increase or improve the quality of life for residents, merchants and visitors. Examples of project commitments include construction of a new parking garage adjacent to the new Old Town Civic Center, construction of a new Town Square adjacent to the Civic Center, and renovation of the Children's Museum parking lot and the Old Town Sound System. Promote the preservation and enhancement of Old Town Temecula (Long Term Objective 3). The preservation and enhancement of Old Town Temecula will be achieved through a balance of new construction and the rehabilitation and improvement of obsolete, deteriorated, or inappropriate buildings. The City is currently amending the Old Town Specific Plan which will create new standards for building forms, streetscapes, permitted uses and signage, and will continue to provide financial support to business owners through its Fagade Improvement Program. Promote expansion of the industrial and commercial economic and job bases (Long -Term Objective 5). Job base expansion will be achieved through the retention and expansion of existing businesses and the encouragement of new businesses in and around the Project Area. Recent successes include the significant expansions of Abbott Laboratories, Professional Hospital Supply, securing a satellite campus of the California State University, San Marcos, and a new expansion of the Promenade Mall. Preserve, improve and expand housing opportunities for low -and moderate income residents (Long -Term Objective 7). Low- to Moderate income housing opportunities will be achieved through the rehabilitation, repair, and replacement of currently marginal or substandard residential units, by providing subsidies or other support to qualified extremely low- income to moderate income households through the City's Residential Improvement Program and First Time Home Buyer Program. The City is also committed to the development of new affordable housing resources with recent successes including the 32 unit Warehouse at Creekside and 110 unit Summerhouse projects. 10 Remove economic impediments to land assembly and in -fill development in areas which are not properly subdivided for development through the consolidation of existing parcels to induce or expand centralized commercial development. (Long -Term Objective 10 and 11). Economic impediments to land development can be resolved by the creation of flexible development standards and /or the ability to gain site control of adjacent parcels to assemble acreage. As stated above, the City is currently amending the Old Town Specific Plan which will create new standards for building forms, which may induce development on otherwise unsuitable parcels. VIII. IMPLEMENTATION ACTIVITIES TO ACHIEVE SHORT -TERM GOALS To achieve these short -term redevelopment goals, the City of Temecula proposes to undertake the following blight elimination and community improvement programs. Design and construct needed public improvements. Typical examples include, but are not limited to: design and construction of curbs, gutters, sidewalks, and parkway improvements along Main and Mercedes Streets, rehabilitation or replacement of wooden boardwalks on Old Town Front Street, and design and construction of parking improvements (parking structure) in the Old Town area. Provide improved community services. Typical examples include, but are not limited to: a town square, community park, community garden, museums, free trolley service, and other public facilities which will benefit the Old Town Specific Plan Area and the Redevelopment Project Area. Preservation and enhancement of Old Town Temecula. Typical examples include, but are not limited to projects which implement and or amend the Old Town Specific Plan, the General Plan and Development Code, the Old Town Facade Improvement Program, and the purchase and installation of signs directing traffic to Old Town. Expand the industrial, commercial and professional economic and job bases. Typical examples include, but are not limited to: involvement and support of the Economic Development Corporation of Riverside County, citywide economic development and recruitment programs, and public private joint ventures which fulfill the goals of the Old Town Specific Plan. Improve housing opportunities for low -and moderate income residents. Typical examples include, but are not limited to: the replacement or repair of marginal or substandard dwelling units, providing financial subsidies to qualified low -and moderate income households, and programs that reduce land, site development and /or construction costs for low -and moderate income housing. Assemble land in areas, which are not properly laid out for development. Typical examples include, but are not limited to: the acquisition, assembly, marketing, and resale of property to support Redevelopment Project Area redevelopment activities. 1 1 IX. RELATIONSHIP BETWEEN IMPLEMENTATION ACTIVITIES AND THE FINDINGS OF BLIGHT The preliminary list of redevelopment program activities scheduled for the next five years are shown in Table I. The purpose of this list is to identify which blighting condition(s) a particular project is expected to address and is not intended as a complete or final list of needed improvements within the Redevelopment Project Area. Most of the information and cost estimates are based upon the 2010 -2014 Capital Improvement Program and have been rounded to the nearest thousand dollars. The costs depicted below are estimates and are subject to change as additional information becomes available or as local circumstance and needs change. 12 IMPLEMENTATION ACTIVITIES IDENTIFIED BLIGHT CONDITIONS ESTIMATED COSTS Deteriorated Buildings Inadequate Parcel Sizes Lacks Public Facilities Depreciated Values Building Design Relocate Existing Structures, Demo, Grading (Escallier House) X X $486,000 Fagade Improvement Program X X X 400,000 Old Town Parking Structure, Office, Retail X 15,228,000 Old Town Square and Street Improvements X 1,450,000 History Museum Expansion X 1,250,000 Murrieta Creek Improvements X 250,000 Residential Improvement Program X X 1,000,000 Old Town Sound System X 150,000 Old Town Gymnasium X 50,000 Library Parking Lot Expansion X X 1,511,000 Affordable Housing X X X 19,500,000 Old Town Mixed -use X X X X X 1,000,000 Affordable Housing Projects /Future Obligations X X X 1,525,000 Teen/Young Adult Center X 3,675,000 Children's Museum Parking Lot Renovation X 140,000 Auto Mall Sign X x 875,000 Total Estimated Cost 48,490,000 TABLE I COMPARISON OF PROPOSED 5 -YEAR ACTIVITIES AND SPECIFIED BLIGHT CONDITIONS 13 X. INCLUSIONARY AND REPLACEMENT HOUSING REQUIREMENTS Legislative Requirements Effective January 1, 1992, AB315 required that an affordable housing plan be prepared by each redevelopment agency that has adopted, or amended to add land area, a redevelopment plan after December 31, 1995. The Community Redevelopment Law Reform Act of 1993 (AB1290) encompassed the former AB315 requirements within the requirement to adopt an annual housing program as a part of the mandated implementation plan. The implementation plan must include the number of housing units developed, substantially rehabilitated, price- restricted, otherwise assisted, or destroyed. The implementation plan must also describe the Agency's plans for using annual deposits in the low -and moderate income housing fund. If the implementation plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to Code Section 33413, the implementation plans shall identify proposed locations suitable for those replacement dwelling units. Code Section 33413 of the Community Redevelopment Law states: (a) Whenever dwelling units housing persons and families of low -or moderate income are destroyed or removed from the low -and moderate income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, the Agency shall, within 4 years of the destruction or removal, substantially rehabilitate, develop, or construct, or cause to be substantially rehabilitated, developed, or constructed, for rental or sale to persons and families of low -or moderate income, an equal number of bedrooms as those destroyed or removed units at affordable housing cost within the territorial jurisdiction of the Agency. When dwelling units are destroyed or removed after September 1, 1989, 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low- income households, lower- income households, and persons and families of low -and moderate income, as the persons displaced from those destroyed or removed units. (b) (1) At least 30 percent of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons and families of low -or moderate income shall be available at affordable housing cost to, and occupied by, very low- income households. (2) At least 15 percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the Agency 14 HOUSING NEED shall be available at affordable housing cost to persons and families of low -or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low -or moderate income shall be available at affordable housing cost to very low- income households. The income proportionality test requires that the Agency target set -aside expenditures to the relative percentage of unmet need for extremely low, very low, low, and moderate income units, as defined in the City's most recently approved Housing Element. Based on the City's 2008 -2014 Housing Element, the Agency's minimum required allocation for extremely low, very low and low income expenditures, and maximum moderate income housing expenditures are: Extremely Low Income: Very Low Income: Low Income Moderate Income At least 22.9 At least 19.6% At least 26.0% No more than 31.5% The Agency is entitled to expend a disproportionate amount of funds for very low income households, and to subtract a commensurate amount from the low and /or moderate income thresholds. Similarly, the Agency can provide a disproportionate amount of funding for low income housing by reducing the amount of funds allocated to moderate income households. In no event can the expenditures targeted to moderate income households exceed the established threshold amount. In order to meet the income targeting standards, the Agency proposes that this implementation Plan allocate 23% of the Housing Fund project and program expenditures to Extremely Low Income households, 20% to Very Low- Income households, 26% to Low Income households, and no more than 31 to Moderate Income households. Expenditures on Senior Citizen Projects The age restriction proportionality test requires that the maximum percentage of set -aside funds that an agency can allocate to senior housing is limited to the percentage of residents within the City that are 65 years of age and older, reported by the most recent census of the U.S. Census Bureau. As shown below, according to Census 2000, 7.1 of the City's population is aged 65 years or older. City of Temecula Senior Test: Under 65 Year Old 53,619 92.9 65 Years and Older 4,097 7.1 15 The 2006 American Community Survey (Census Bureau), however, indicates that the percentage of seniors over the age of 65 has declined since the 2000 Census, to 6.4% of the overall population. In order to meet the age restriction proportionality test requirements, the Agency proposes that this Implementation Plan allocate no less than 93.6% of the Housing Fund project and program expenditures to non age- restricted housing. Additional Inclusionary Housing Requirements On September 28, 1994, the passage of SB 732 incorporated additional requirements that call for the agency's inclusionary housing requirements to be met every ten years. If the requirements are not met within the applicable ten -year period, the agency must fulfill its inclusionary housing requirements on an annual basis. Further, if the agency exceeds their inclusionary housing goals during a given ten -year period, the excess housing units can be counted towards inclusionary housing goals in the subsequent ten -year period. For example, if 100 new housing units are developed or substantially rehabilitated in a project area within ten years of the initial implementation plan by entities other than the redevelopment agency, 15 of those units must be affordable to low -and moderate income households (of which 6 must be affordable to very low- income households). If more than 15 units are developed or substantially rehabilitated as units affordable to low -and moderate income households during this ten -year period, the affordable units in excess of 15 may be counted toward the agency's requirements for the next ten -year period. However, if fewer than 15 units are affordable to low -and moderate income households at the end of the ten year period, the agency must meet its production goals on an annual basis until the requirements for the ten -year period are met. The City of Temecula Redevelopment Agency is in compliance with the requirements of SB 732. A total of 688 affordable units have either been constructed, rehabilitated, or under construction since the project area was formed and is still under covenant. Of these 688 units, 65 units (9.4 are for Moderate income households; 400 units (58.1 are for Low income households; 183 units (26.6 are for Very Low income households; and 40 units (5.8 are for Extremely Low income households. Affordability Requirements Housing costs for low -and moderate income housing developed pursuant to Sections 33413 must be affordable to persons and households whose income do not exceed 120 percent of the area median family income. In 2008, the median home price in Temecula was $320,000. In September 2009, DataQuick reported that the median home price for Temecula dropped to $255,750. For about 31.4% of Temecula's households (earning less than $50,000 annually),, that means owning a home without some form of assistance may still not be practical and is a daunting goal. Rental housing is typically a more realistic option for these families. The following income categories discuss appropriate ranges for housing costs based on a family's ability to pay. The following income limits and rents are for 2009: For purposes of the Implementation Plan, the following income limits are used: 16 Income Level 1 person household 2 person household 3 person household 4 person household 5 person household 6 person household 7 person household 8 person household Extremely Low $14,000 $16,000 $18,000 $20,000 $21,600 $23,200 $24,800 $26,400 Very Low $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 Lower $37,300 $42,650 $47,950 $53,300 $57,550 $62,850 $66,100 $70,350 Median $45,150 $51,600 $58,050 $64,500 $69,650 $74,800 $80,000 $85,150 Moderate $54,200 $61,900 $69,650 $77,400 $83,600 $89,800 $96,000 $102,150 Extremely Low Income Households Earn between 0% and 30% of the Area Median Income (AMI), adjusted for household size. The income range for these households is from $14,000 for a single person household to $26,400 for an eight person household. Affordable rents for Extremely Low Income households range from $446 /month fora studio to $773 /month for a four bedroom apartment. Very Low Income Households Earn between 31% and 50% of the AMI, adjusted for household size. The income range for these households is from $23,300 for a single person household to $43,950 for an eight person household. Affordable rents for Very Low- Income households range from $564 /month for a studio to $871 /month for a four bedroom apartment. Low Income Households Earn between 51% and 80% of the AMI, adjusted for household size. The income range for these households is from $37,300 for a single person household to $70,350 for an eight person household. Affordable rents for Low Income households range from $677 /month for a studio to $1,045 /month for a four bedroom apartment. Median Income Households Earn between 81% and 100% of the AMI, adjusted for household size. The income range for these households is from $45,150 for a single person household to $85,150 for an eight person household. Affordable rents for Median Income households range from $1,242 /month for a studio to $1,915 /month for a four bedroom apartment. Moderate Income Households Earn between 101% and 120% of the AMI, adjusted for household size. The income range for these households is from $54,200 for a single person household to $102,150 for an eight person household. Affordable rents for Moderate Income households are expected to be based on what the market will bear. TABLE 2 DEPARTMENT OF HOUSING COMMUNITY DEVELOPMENT 2009 INCOME LIMITS 17 Income Levels (1) Owner Costs Renter Costs Extremely Low (0 -30 30% of 30% of adjusted AMI 30% of 30% of adjusted AMI Very Low (31 -50 30% of 50% of adjusted AMI( 30% of 50% of adjusted AMI( Low (51 -70 (70 -80 (61 -80 30% of 70% of adjusted AMI Option: Max: 30% of gross hh inc. (1) 30% of 60% of adjusted AMI Option: Max: 30% of gross hh inc. Moderate (81 -120 (111 -120 Min: 28% of gross hh inc. (1) Max: 35% of 110% of adj. AMI Option: Max: 35% of gross hh inc. (1) 30% of 110% of adj. AMI Option: Max: 30% of gross hh inc. (1) TABLE 3 AFFORDABLE HOUSING COSTS Household income (hh inc.) levels relative to area median income. (2) Area Median Income (AMI) adjusted for family size appropriate for the unit. Duration of Affordability Section 33413(c) says, in part, that "The agency shall require that the aggregate number of dwelling units rehabilitated, developed, constructed or price- restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and families of low- income, moderate income, and very low- income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except [if] a longer period of time may be required by other provisions of law. The agency may permit sales of owner occupied units prior to the expiration of the period of the land use controls established by the agency for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the agency's investment of moneys from the Low and Moderate Income Housing Fund. If land on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision." Section 33413(g) adds that "'Longest feasible time,' as used in this section, includes, but is not limited to, unlimited duration." Subdivisions 33413(c) and (g) and Section 33334.3(f) require that all new or substantially rehabilitated housing units developed or otherwise assisted with monies from the low -and 18 moderate income housing fund on or after January 1, 1988, shall remain affordable for the longest feasible time but not less than fifty -five years for rental units and forty -five years for owner occupied units. Section 33413(b)(2)(C) adds that "long -term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing costs for not less than 55 years." XI. REPLACEMENT HOUSING REQUIREMENTS The Redevelopment Agency is required by Community Redevelopment Law to replace low and moderate income housing units destroyed or removed as a part of a project development with another Low -or Moderate Income Unit within four years. The Agency may replace destroyed or removed dwellings with fewer units if the replacement units have a greater or equal number of bedrooms and are affordable to the same income level households. Seventy -five percent of the replacement units shall be available at affordable housing cost to the same income level as persons displaced. Presently the Redevelopment Agency has no projects planned or proposed that would require the destruction or removal of any existing affordable housing units. XII. REPLACEMENT HOUSING PLAN Consistent with the Community Redevelopment Law and Redevelopment Plan, this Replacement Housing Plan sets forth the City of Temecula Redevelopment Agency's plan for the development and construction of replacement dwellings within four (4) years following the date of destruction of affordable dwelling units removed or destroyed in connection with certain Capitol Improvement Projects within the redevelopment area. From time to time, the Agency pursues the acquisition of property for the purpose of affordable housing. Should such property contain existing low and moderate income households be removed or destroyed, replacement housing would be required. Replacement dwelling units are required to be located within the boundaries of the project area. Alternative sites for affordable housing within the project area, suitable for projects which will provide replacement dwelling units, will be selected within four years following the removal of the units. The Redevelopment Agency plans to meet its replacement housing requirements pursuant to Section 33413(a) on both an opportunity and funds available basis, through one or more Federal, State, County or City sponsored housing programs including without limitation the following programs: 1. Community Development Block Grant Program 2. Home Program 3. Section 202 Program 4. Redevelopment Tax Increment Funds 5. Redevelopment Section 108 Funds 6. Redevelopment Tax Credits 7. Density Bonus Ordinance 19 Project No. of Units No. Reserved for Very Low Income No. Reserved for Low Income No. Reserved for Moderate Income Dalton Historical Building 24 0- 0_ 18, 1 -bdrm units 6, 2 -bdrm units Habitat for Humanity II 5 5, 2 -bdrm units -0- -0- Palomar Heritage Building 22 8, 1 -bdrm units 4, 2 -bdrm units 4, 1 -bdrm units 6, 2 -bdrm units 0 Warehouse at Creekside* 32 0- 19, 1 -bdrm units 1, 2 -bdrm units 0, 1 -bdrm units 12, 2 -bdrm units Total Units 83 8, 1 -bdrm units 9, 2 -bdrm units 23, 1 -bdrm units 7, 2 -bdrm units 18, 1 -bdrm units 18, 2 -bdrm units This portion of the Temecula Redevelopment Area Implementation Plan shall constitute the Replacement Housing Plan as required by Section 33413.5 Existing Housing Production in Project Area Since the adoption of the Redevelopment Plan, there have been no Agency assisted housing units developed or substantially rehabilitated within the project area, other than units which are restricted to low -and moderate income households. Nor has there been any privately developed or substantially rehabilitated housing units constructed within the project area other than low- to moderate income housing. Therefore, the Temecula Redevelopment Agency has no current inclusionary housing requirements in that all housing developed or substantially rehabilitated is restricted to low -and moderate income use. Following is an inventory of low -to moderate income housing constructed, under construction, or substantially rehabilitated during the previous implementation period. Under Construction Applications were submitted in August 2009 to the California Tax Credit Allocation Committee for the substantial rehabilitation of the Creekside Senior Apartments (48 units) and the Oaktree Apartments (40 units). At the time this report was prepared, the Oaktree Apartment rehabilitation project had been approved by TCAC, however, the Creekside Apartment rehabilitation project is eligible for funding in the next round of application review. Additionally, during the previous implementation period, two affordable housing projects were approved outside of the Project Area. These include 11 units set aside for very low income households in the Temecula Lane project, and 110 units in the Summerhouse project. Summerhouse will provide 70 units for very low and low income families, 20 very low income age- restricted (senior) units, and 20 moderate income level units. Site Inventory The Temecula Redevelopment Area encompasses approximately 1,635 acres of land, of which, 42 acres are currently occupied by residential uses. A total of 534 existing residential units can be found within the project area. Another 4.5 acres are currently vacant, but have a residential land use designation. 20 Site Inventory Acreage Potential Buildout (Dwelling Units) Existing Units TBD Development of Vacant Residential Land Medium (7 -12 DU /AC) 0.49 6 High (13 -30 DU /AC) 5.78 130 Subtotal 6.27 136 Development of Vacant Commercial Land w/ Residential Uses (Urban Density Overlay provisions) Community Commercial 14.49 326 Highway Tourist Commercial 4.39 99 Multiple Zones 5.82 131 Professional Office 1.16 26 Service Commercial 52.88 1189 Subtotal 78.74 1771 Development of Underutilized Sites w/ Residential Uses (Urban Density Overlay provisions) Bel Villaggio 17.77 53 Jefferson Avenue (east side) 38.32 111 Jefferson Avenue (west side) 53.56 160 Target Center 50.30 150 Tower Plaza 23.42 70 Subtotal 183.37 544 Total (does not include underutilized sites) 85.01 1,907 A total of 136 new housing units may be added to the Project Area through the development of currently vacant land. Recycling of currently occupied land would result in a net gain of 544 units. Given a potential residential build out of 1,907 new units in the project area, future inclusionary housing requirements are estimated at 286 units for lower -and moderate income households, of which 114 units must be affordable to very low- income households. TABLE 5 TEMECULA REDEVELOPMENT PROJECT AREA RESIDENTIAL SITE INVENTORY Ten -Year Housing Projections The Temecula Redevelopment Plan was adopted in July 1988 and will expire in July, 2028. The housing production targets in this Implementation Plan extend through a ten -year period between 2010 and 2020 and establish how the Agency intends to fulfill inclusionary requirements for housing produced during this time frame. Based on the estimated buildout analysis performed for the Housing Element Update, vacant parcels within the Redevelopment Project Area could yield a potential of 1,907 new units over the next 18 years. A constant pace of residential development would yield an annual housing production of 106 units in the project area. Based on the Agency's ability to fill the per unit affordability gap and or cover the costs of substantial rehabilitation, the ten year housing projection for the Project Area would be about 500 new units, or an average of 50 units per year. Annually, eight (8) of these units would be for low -and moderate income households and four (4) units for very low- income households. These ten -year projections 21 are very general and may be impacted by economic conditions. They have been included in the Implementation Plan as a means of gauging future residential growth to enable the Agency to develop an appropriate strategy to fulfill inclusionary requirements. However, the Agency's only commitment at the end of the ten -year period is to have provided for the inclusion of low /moderate units based on actual development. XIII. HOUSING SET -ASIDE REQUIREMENTS The Temecula Redevelopment Agency is required to set aside twenty percent (20 of the gross annual tax increment into the low -and moderate income housing fund. The purpose of the housing set -aside fund is to produce, increase, improve and preserve the community's supply of low -and moderate income housing. In carrying out the annual housing set -aside requirements, the Agency may exercise any or all of its powers, including the following: Acquire real property or building sites subject to the provisions of Code Section 33334.16, California Community Redevelopment Law. Improve real property or building sites with onsite or offsite improvements, but only if the improvements directly and specifically improve or increase the community's supply of low -or moderate income housing. Donate real property to private or public persons or entities. Finance insurance premiums. Construct buildings or structures. Acquire buildings or structures. Substantially rehabilitate buildings or structures. Provide subsidies to, or for the benefit of, very low- income households, as defined by Code Section 50105, lower- income households, as defined by Code Section 50079.5 or persons and families or low -or moderate income, as defined by Code Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. (Housing units available on the open market are those units developed without direct government subsidies.) Develop plans, pay principal and interest on bonds, loans, advance, or other indebtedness, or pay financing or carrying charges. Maintain the community's supply of mobile homes and preserve Heritage Mobile Home Park located at 31130 South General Kearney Drive. Preserve the availability to lower- income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. 22 Year Estimated 20% Tax Increment 2010/11 $4,263,400 2011/12 $4,348,668 2012/13 $4,435,641 2013/14 $4,524,354 2014/15 $4,614,841 The twenty percent housing set -aside fund monies can also be used for planning and general administrative costs, when directly related to programs and activities associated with Code Section 33334.2(e). This includes the following activities: Costs incurred for salaries, wages, and related costs of the Agency's staff or for services provided through inter agency agreements and agreements with contractors, including usual indirect related costs. Costs incurred by a non profit corporation which are not directly attributable to a specific project. Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project which are authorized under subdivision (3) of Code Section 33334.2 and which are incurred by a non profit housing sponsor and are not planning and administrative costs for the purpose of this section, but are, instead, project costs. Housing Set -Aside Fund Estimate In order for the Agency to estimate the number of units it could develop in the next five years, a projection of twenty percent (20 of the tax increment revenue was developed for the period FY 2010/2011 through FY 2014/2015. These monies would be allocated towards the preservation, development and /or substantial rehabilitation of extremely low, very low, low and moderate income housing units. It is expected that these funds will be leveraged in concert with one of the housing programs cited in Section XIII. TABLE 6 PROJECTED HOUSING SET -ASIDE XIV. LONG TERM HOUSING GOALS AND POLICIES The General Plan Housing Element has five separate and distinct goals developed to address the various housing needs of the City. These are explicitly stated in order to give latitude and authority to design and address the implementation of the housing program. They are as follows: Goal 1 A DIVERSITY OF HOUSING OPPORTUNITIES THAT SATISFY THE PHYSICAL, SOCIAL AND ECONOMIC NEEDS OF EXISTING AND FUTURE RESIDENTS OF TEMECULA. 23 Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. Policy 1.2 Encourage residential development that provides a range of housing types, options in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types., Policy 1.3 Require a mixture of diverse housing types and densities in new developments around the village centers to enhance their people- orientation and diversity. Policy 1.4 Support the use of innovative site planning and architectural design in residential development. Policy 1.5 Encourage the use of clustered development to preserve and enhance important environmental resources, and maintain important areas in open space. Policy 1.6 Promote the development of compatible mixed use projects that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative transit options. Goal 2 AFFORDABLE HOUSING FOR ALL ECONOMIC SEGMENTS OF TEMECULA. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provides opportunities to meet the City's fair share of low- and moderate income housing. Policy 2.2 Support innovative public, private and non profit efforts in the development of affordable housing, particularly for special needs groups. Policy 2.3 Encourage the use of non traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and /or transitional housing. Policy 2.4 Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. Goal 3 REMOVAL OF GOVERNMENTAL CONSTRAINTS IN THE MAINTENANCE, IMPROVEMENT AND DEVELOPMENT OF HOUSING, WHERE APPROPRIATE AND LEGALLY POSSIBLE. Policy 3.1 Provide reasonable processing time and fees for new construction or substantially rehabilitation of housing. Policy 3.2 Consider mitigating development fees for projects providing affordable and senior citizen housing. 24 Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to facilitate high quality affordable housing. Goal 4 CONSERVATION OF THE EXISTING AFFORDABLE HOUSING STOCK. Policy 4.1 Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market -rate units and develop programs to minimize the loss of these units. Policy 4.2 Develop rehabilitation programs that are directed at preserving the integrity of the housing stock. Policy 4.3 Support the efforts of private and public entities in maintaining the affordability of units through implementation of energy conservation and weatherization programs. Goal 5 EQUAL HOUSING OPPORTUNITY FOR ALL RESIDENTS IN TEMECULA. Policy 5.1 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending practices in the sale or rental of housing. Policy 5.2 Assure and support the efforts of others to ensure that unrestricted access to housing is available to all segments of the community. Policy 5.3 Encourage housing design standards that promote the accessibility of housing for the elderly and disabled. Policy 5.4 Encourage and consider supporting local private non profit groups that address the housing needs of the homeless and other disadvantaged groups. 25 HOME Program APPENDIX A LIST OF FUNDING PROGRAMS The HOME Program is a federally funded grant program for housing. Funds are allocated by formula to participating jurisdictions who are allowed great flexibility with respect to the types of properties to be assisted, the types of development (new construction, modest or major rehab, etc.) to be undertaken, the forms and amounts of financing to be offered, the quality and type of housing provided, the households assisted and procedures for running programs. The intent of HOME is: To expand the supply of decent, safe sanitary and affordable housing. To strengthen the abilities of state and local governments to provide housing. To assure that federal housing services, financing, and other investments are provided to state and local governments in a coordinated, supportive fashion. HOME is designed as a partnership among the federal government, sate and local governments and those in the for profit and non profit sectors who build, own manage, finance and support low- income housing initiatives. Community Development Block Grant (CDBG) Currently, the City uses CDBG funds primarily for program planning and supportive services. Should the need arise to use these funds for affordable housing production in the future, a portion of the City's annual CDBG allotment could potentially be redirected. Low Income Housing Tax Credit (LIHTC) As part of the Tax Reform Act of 1986, Congress created the Low Income Housing Tax Credit (LIHTC), which provides a tax shelter for limited partners in low- income housing projects. This program will represent an important financial resource for affordable housing development by the private sector. Private Institutions Under the Community Reinvestment Act (CRA), private lending institutions such as banks, thrifts, and their affiliated mortgage banking subsidiaries are required to annually assess the credit needs of the communities in which they operate. The City has and will continue to hold meetings with lenders to discuss local needs and potential programs that may be within the guidelines of community reinvestment. 26 Savings Association Mortgage Company (SAMCOZ SAMCO is a statewide organization supported by stockholder savings institutions that assists in the development and financing of socially- oriented affordable housing projects. SAMCO's Board of Directors reviews and selects projects to be offered in loan pools for participation purchase by its members. The pooling process has enabled SAMCO and its members to invest additional funds in low -and moderate income communities. SAMCO has worked extensively with non profit developers and financed a variety of housing projects that utilize joint public /private resources. California Community Reinvestment Corporation (CCRC) CCRC is a non profit mortgage banking consortium specifically designed to provide long- term debt financing for affordable housing developments. Created in 1989, the CCRC is comprised of fifty -six banks representing all areas of the State. The CCRC finances loans by pooling funds from each of its member banks. CCRC has its own staff, which screens applications and provides technical assistance to developers. A loan committee, consisting of senior credit officers from member banks, approves all loans on behalf of member banks. When the loan committee approves a loan, CCRC draws funds from each bank in proportion to their size. CCRC enters into "partnership" with cities to leverage public monies (redevelopment low and moderate income housing funds, CDBG, etc.) with CCRC private funds to construct low and moderate income housing. Five different 30 -year fixed rate loans products are offered, with affordability required to be maintained for the life of the loan. Below market interest rates are provided to both non profit and for profit sponsors (Treasury bonds of comparable maturities plus 100 basis points for non profits, plus 200 basis points for profits.) Federal Home Loan Bank The affordable housing programs mandated by the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989 and the Community Reinvestment Act are now being implemented through the 12 Federal Home Loan Banks. By law, the affordable housing provisions call for, among other things, a requirement for interest subsidized loans to be extended to low- income homebuyers, as well as a variety of lending activities that fall under the "community investment" heading. Through the Affordable Housing Program, the FHLB provides interest rate subsides on advances to member banks that engage in lending for long -term low -to moderate income owner occupied or affordable rental housing. Loans that qualify for the program include those used to finance homeownership by low- income families, and loans which finance the purchase, construction or rehabilitation of rental housing, of which at Ieast 20 percent will be occupied by very low- income households. In addition to the Affordable Housing Programs, the FHLB also implements a Community Investment Program. Through this program, each district bank appoints a community investment officer and provides "community- oriented" mortgage loans to members at its own cost of funds. Loans that qualify for the program include those used to finance the purchase or rehabilitation of homes by borrowers earning 115% or less of the are median income, and 27 those that finance commercial or economic development projects that benefit low -and moderate income families. Deed Restrict Existing Projects The City has numerous multi family projects in the Project Area that are currently occupied by lower- income tenants. The City /Agency may negotiate deed restrictions with owners of these existing projects to restrict rental rates to levels affordable to lower- income households. Low -and moderate income housing funds for rehabilitation of the buildings may be offered as an incentive in exchange for deed restrictions. Assistance to the existing rental stock should be publicly advertised to solicit applications from existing owners. Extend Existing Deed Restrictions The City has eight multi family projects in the Project Area that assist low to moderate income tenants. However, none are eligible to convert to market rate rents during the five year period. 1. Rancho West Apartments, 150 units will remain affordable until 2026. 2. Rancho Creek Apartments, 30 units will remain affordable until 2026. 3. Mission Village Apartments, 76 units will remain affordable until 2028. 4. Creekside Apartments, 48 units will remain affordable until 2036. 5. Riverbank Villages Senior Apartments, 66 units will remain affordable until 2058. 6. Dalton Historical Building, 24 units will remain affordable until 2060. 7. Palomar Heritage Building, 22 units will remain affordable until 2061. 8. Warehouse at Creekside, 32 units will remain affordable until 2064. Rancho West, Rancho Creek, and Mission Village Apartments were financed in part with redevelopment low- to moderate income housing funds. The construction of Creekside Apartments was financed with FmHA Section 515 funds. Conversion of Commercial Development to Mixed -Use Development The City of Temecula's General Plan and Old Town Specific Plan both contains policies that encourage the use of mixed -use development. Within the project Area and particularly within Old Town these policies could facilitate the conversion of second and third story office /retail space to affordable units. Low -and moderate income housing funds for rehabilitation of the space may be offered as an incentive for conversion to affordable units. As part of the funding assistance the City /Agency may consider placing deed restrictions on these converted units to ensure unit affordability. Subsidized New Construction /Purchase of Existing Housing New construction of rental housing for lower- income households traditionally represents one of the Agency's primary options to fulfill its inclusionary housing production requirements. The gap between market rents and rents affordable to extremely low, very low -and low income households, typically require subsidies to achieve affordability. The amount of subsidy required depends on the type and size of housing to be developed. 28 Substantial Rehabilitation Rehabilitation of existing rental properties is a cost effective program option to fulfill the Agency's affordable housing production requirements. The Agency uses Redevelopment Low and Moderate Income Housing Funds to provide financial assistance for the rehabilitation of private non profit and for profit rental properties. The Agency has established its own rehabilitation program. The Riverside County Economic Development Agency also administers a similar program available to owners at property in Temecula. Residential Improvement Program Preservation of the single family housing stock owned and occupied by extremely low, very low, low -and median- income families fulfills Agency goals. The Agency uses Redevelopment Low and Moderate Income Housing Funds to assist families with correction of code deficiencies and exterior repairs, which if left deferred would create significant blight. For senior citizens only, the assistance may be in the form of a grant. Mobilehome Park Assistance Program Currently, a single mobile home park exists in the City. The City may develop a program using redevelopment low -and moderate income housing funds to assist lower -and moderate income mobilehome park tenants in stabilizing their rents. This may result in the conversion of a park to tenant owned. A City program should be in conjunction with the State Mobilehome Park Conversion Assistance Program. Affordability controls on mobilehome parks can be achieved through different approaches: The City may assist tenant purchase of individual spaces. Permanent financing of lots may be provided through conventional financing, the State's Mobilehome Resident Ownership Program, redevelopment low -and moderate income housing funds, and other public /private subsidies for lower- income households. The City may provide technical assistance in the formation of a tenant association, which will then purchase the park with financial assistance from the City, State, or other sources. In return, the association will be required to either maintain the existing income mix of tenants or through time, restrict the renting of spaces to lower- income tenants. In order to count mobilehome parks towards fulfillment of very low- income inclusionary production requirements, space rents would need to be deed restricted for the life of the Redevelopment Project, and restricted to occupancy by very low- income households. City of Temecula First -Time Homebuver Program The First -Time Homebuyers Program (FTHB) is a down payment assistance program for moderate income and below moderate income homebuyers. Qualified buyers are eligible to receive 20% of the purchase price of the home, up to $65,000, in assistance for the purchase of a primary residence. HUD requires that buyers participating in the program agree to an affordability period of 20 -year for new construction and 15 -years for all other property. If the property is sold prior to the end of the affordability period, and the purchaser 29 is not eligible for the program, the assistance funds must be repaid. The funds are returned to the program to provide assistance to new participants. The program can also be structured as an interest rate buy -down program. Riverside County Economic Development Agency Programs Mortgage Credit Certificate Program The Mortgage Credit Certificate Program (MCC) is available for first -time homebuyers who have not had an ownership interest in a principal residence within the previous three years. Buyers interested in participating in the program make application through their lender at the time they apply for a home loan. The MCC provides a tax credit which allows the borrower to qualify for a larger mortgage. This tax credit is calculated a 20% of the annual interest paid on the primary mortgage, and can be no greater than $2,000 per year. The City of Temecula participates in the program which is administered through the Riverside County Economic Development Agency. Neighborhood Stabilization Programs In response to the drastic increase in foreclosures and the impact of the sub -prime lending environment on housing, Congress authorized the Neighborhood Stabilization Program under Title III of Division B of the Housing and Economic Recovery Act of 2008, As a direct recipient of HUD community development entitlement programs, the County of Riverside was awarded $48,567,786 in federal NSP funds. These funds have been allocated to the following programs: NSP -1 An allocation of $20,000,000 providing for public and private non- profit organizations to acquire and rehabilitate foreclosed upon or vacant single family homes and resell them to moderate income, or below, First Time Home Buyers. NSP -2 An allocation of $1,855,000 providing for public and private non- profit organizations to acquire and rehabilitate foreclosed upon or vacant single family homes and rent them to moderate income, or below, households. NSP -3— An allocation of $9,700,000 providing for downpayment assistance to qualified First Time Home Buyers for the purchase of foreclosed upon or vacant single family homes throughout Riverside County in designated Target Areas. The City of Temecula contains such a designated Target Area. NSP-4 An allocation of $12,157,000 providing for public and private non- profit organizations to acquire and rehabilitate foreclosed upon or vacant multi family housing or the construction of new multi family rental housing on vacant property. 30 Single Family Mortgage Revenue Bond Program The County of Riverside coordinates interested lenders and developers who wish to participate in a single family tax exempt bond program. The County issues tax exempt bonds to generate a pool of funds from which mortgages will be drawn. The developers and /or lenders pay the up front costs for the financing and reserve a portion of the pool to originate mortgages in their projects. The individuals purchasing the homes must be first time homebuyers and fall within certain income parameters. Ultimately, the first time homebuyer can qualify for a larger mortgage because the interest rate is lower than market rate. The developer /lender can use the mortgage pool to more effectively market their homes. Multi Family Bond Program The Multi Family Bond Program provides long term financing for multi family projects at tax exempt rates. The program requires that 20% of the units be reserved for low -and moderate income residents. Project owners are required to provide a letter of credit, insurance or other credit, insurance or other credit enhancement for the financing. 31 1 AGENCY BUSINESS TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 8, 2009 RECOMMENDATION: That the Board of Directors: FISCAL IMPACT: None Approvals City Attorney Director of Finance City Manager Sief Paz, 42, SUBJECT: Appointment of Chair Person and Vice Chair Person of the Redevelopment Agency for Calendar Year 2010 1. Entertain motions from the Agency Members to appoint the Chair Person to preside, effective January 1, 2010, until the end of Calendar Year 2010; 2. Entertain motions from the Agency Members to appoint the Vice Chair Person, effective January 1, 2010, who will assume the duties of the Chair Person in the Chair Person's absence, and hold this office until the end of Calendar Year 2010. BACKGROUND: The Temecula Redevelopment Agency Board of Directors appoints a member to serve as Chair Person and Vice Chair Person annually. These offices are assumed at the first meeting of the Temecula Redevelopment Agency in January and the newly elected officers will preside through the Calendar Year of 2010. 1 PUBLIC HEARING Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: December 8, 2009 SUBJECT: Long Range Planning Project Number LR09 -0020, Water Efficient Landscape Design Ordinance PREPARED BY: Dale West, Associate Planner 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 CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS SUMMARY OF ORDINANCE: The Ordinance is an update of the City's current Water Efficient Landscape Ordinance pursuant to AB 1881 (Chap. 550; Statutes of 2006), which requires local governments to adopt an Ordinance equal to or more restrictive than the States Model Water Efficient Landscape Ordinance. The updated Water Efficient Landscape Design Standards allow for the planning, designing, installing, maintaining, and managing of water efficient landscapes in new construction and rehabilitated projects within the City of Temecula. The Ordinance makes changes throughout Chapter 17.32 of the City of Temecula Municipal Code in order to make it consistent with the State's Model Ordinance as required by AB 1881. Minor changes include typographical corrections and clarifications to ensure consistency with the State's Ordinance. Significant changes will result in reducing water use, irrigation runoff and evaporation by requiring landscapes that meet a minimum size threshold for residential and non residential landscapes to comply with the new Ordinance, reducing the water demand factor for determining the annual water budget, requiring water features to be included in the water budget, restricting the location of overhead sprinklers adjacent to hardscape surfaces, and requiring landscape construction projects to undergo an irrigation audit as part of the installation inspection process. BACKGROUND: The City first adopted a Water Efficient Design Landscape Ordinance in May of 1994, which established water efficient landscape standards for the City and thus incorporated them into Title 17 of the City of Temecula Municipal Code. Since the original adoption of this Ordinance, the City has grown substantially resulting in an increased demand for water. In July 2008, the City updated its Water Efficient Landscape Design Ordinance to respond to anticipated cutbacks of water delivery from the Sacramento Delta, and severe drought conditions in the western United States. Since July2008, drought conditions continue and water purveyors have increased their water conservation efforts through more stringent irrigation policies as well as tiered rate structures. In addition to the above mentioned events, AB 1881 requires Cities and Counties to adopt the State's Model Water Efficient Landscape Ordinance or an equally effective Ordinance by January 1, 2010. Staff has reviewed the State's Model Ordinance and is proposing changes throughout Chapter 17.32 of the City of Temecula Municipal Code. The majority of the proposed changes will add clarification to the existing Ordinance, or are technical in nature to ensure compliance and consistency with the State Model Ordinance. As a result, staff is recommending Chapter 17.32 be replaced in its entirety with the proposed Water Efficient Landscape Design Ordinance. The following is a list of significant proposed changes to the Water Efficient Landscape Design Ordinance: The new standards will apply to all new homeowner provided and /or homeowner -hired residential landscapes with a total landscape area equal to or greater than 5,000 square feet, when a building permit or plan check is required. The new standards will apply to all developer installed residential and non residential new or rehabilitated landscapes with a landscape area equal to or grater than 2,500 square feet, when a discretionary permit or plan check is required. The maximum water demand factor for calculating a water budget has changed from 80 percent of ETo to 70 percent of ETo. Decorative water features are to be included in the water budget calculation, and are required to use recycled water where available. Overhead irrigation is not to be permitted within 24 inches of any non permeable surface, unless the landscaped area is adjacent to a permeable surface and no overspray or run -off occurs. All new landscapes are subject to an irrigation audit performed by a certified irrigation auditor. The Planning Commission considered the proposed Ordinance on November 4, 2009. At the Public Hearing, the Commission voted 5 -0 and adopted Resolution No. 09 -24, recommending that the Council adopt the proposed Ordinance in substantially the same form as presented. FISCAL IMPACT: The City's current landscape inspection fee schedule allows for multiple landscape inspections at a flat fee of $250.00 per inspection. The irrigation audit will be performed by the City's Landscape Architect Consultant as part of the required inspections for landscape construction projects. ATTACHMENTS: Draft Water Efficient Landscape Design Ordinance Planning Commission Staff Report ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on November 4, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Ordinance, the Planning Commission adopted Resolution No. 09 -24, recommending that the City Council approve this Ordinance providing for an amendment to Chapter 17.32 of the Temecula Municipal Code to update the Water Efficient Landscape Design standards. C. The City Council of the City of Temecula held a duly noticed public hearing on December 8, 2009 to consider the proposed changes to the Temecula Municipal Code and this Ordinance, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Chapter 17.32 of the Temecula Municipal Code: A. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act "CEQA pursuant to Title 14 of the California Code of Regulations, Section 15308, Class 8 Actions by a Regulatory Agencies for Protection of the Environment. The proposed Code amendment improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. Section 3. Chapter 17.32 (Water Efficient Landscape Design) of Title 17 (Zoning) is hereby repealed in its entirety. Section 4. A new Chapter 17.32 entitled Water Efficient Landscape Design is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "WATER EFFICIENT LANDSCAPE DESIGN SECTIONS: 17.32.010 Purpose. 17.32.020 Definitions. 17.32.030 Applicability. 17.32.040 General provisions. 17.32.050 Procedures. 17.32.060 Landscape requirements. 17.32.070 Irrigation system design requirement. 17.32.080 Grading Plan Requirements. 17.32.090 Residential requirements. 17.32.100 Commercial, office, industrial, public institutional requirements. 17.32.110 Open space /recreation /conservation zoning district requirements. 17.32.120 Maintenance and enforcement. Appendix A to Chapter 17.32 Water Budget Formula Appendix B to Chapter 17.32 City of Temecula Plant List 17.32.010 PURPOSE The following Water Efficient Landscape Standards are designed to assist landscape architects, irrigation designers, contractors, planners and the public in the selection of plant materials and irrigation methods that result in more water efficient and water conscious landscaping throughout the City. The purpose of this chapter is: A. To promote high quality, water efficient landscaping, water use management and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management; B. To provided for provisions for water management practices and water waste prevention; C. To establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; D. To reduce landscape water demands without sacrificing landscape quality or quantity; E. To retain flexibility and encourage creativity through appropriate design; F. To assure the attainment of water efficient landscape goals by requiring that landscape not exceed a maximum water demand of 70 percent of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or State legislation, whichever is stricter; G. To eliminate water waste from overspray and /or runoff; H. To promote water conservation through public awareness; and To implement the requirements to meet the State of California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7. 17.32.020 DEFINITIONS "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Active recreational use" means areas of active play or recreation such as sport fields, school yards, picnic grounds, or other areas of intense foot traffic that provide public benefit. "Amendment" means additions to the soil, such as compost, leaf mold, peat moss, or ground bark, which improves aeration and drainage of clay soils and helps hold water in sandy soils. "Application rate" means the depth of water applied to a given area in one hour, usually measured in inches per hour. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system "Check valve" or "anti -drain valve" means a valve located under a sprinkler head to hold water in the system to prevent drainage from sprinkler heads when the system is off. "Distribution uniformity" means a measure of how evenly water is applied over an area. "Emitter" means drip irrigation emission device that delivers water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. "Establishment period" means, for purposes of this chapter, the first year after installing the plants in the landscape, or the first two years if irrigation will be terminated after establishment. The actual establishment period varies depending upon the plant species, the development of the plant's root system, soil conditions, and other environmental factors. "Estimated annual water use (EAWU)" means the total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system, as calculated by the formula contained in Section 17.32.060. "Evapotranspiration" means the quantity of water evaporated from adjacent soil and other surfaces, and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipe fittings, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubit feet per second. "Hardscape" means any durable surface material (pervious and nonpervious). "Homeowner provided landscaping" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner "Hydrozone" means a portion of the landscape area having plants with similar water needs that are served by a valve or set of valves with the same irrigation schedule. A hydrozone may also be nonirrigated, for example, a naturalized area. "Invasive species" are non indigenous species (e.g., plants or animals) that adversely affects the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi- Species Habitat Conservation Plan (incorporated by reference) "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. "Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professional Code, Section 5615. "Landscape area" (LA) means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks patios, gravel or stone walks, other pervious or non pervious hardscapes, and other non irrigated areas designed for non development (e.g. open spaces and existing native vegetation. "Landscape coefficient" means the functional equivalent of a crop coefficient in agriculture. When multiplied times ETo, it estimates the amount of water required to maintain landscape plants in good condition. "Landscape irrigation audit" means an in depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Land use entitlement" means any legislative, discretionary or quasi judicial review that requires City approval. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low- volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Main line" means the pressurized pipeline that delivers water from the water source to the valves or lateral lines. "Maximum Applied Water Allowance (MAWA)" means the upper limit of annual applied water for the established landscaped area. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to wind, sun exposure, plant density, or proximity to reflective surfaces. "Moisture- sensing device" means a device that measures the amount of moisture in the soil. "Mulch" means any organic material such as leaves, bark, straw or inorganic mineral materials such as rocks, gravel and decomposed granite left loose and applied to the soil surface to reduce evaporation and suppress weeds. "Operating pressure" means the pressure at which an irrigation system is designed by the manufacture to operate (static pressure minus pressure losses). This is usually indicated at the base or nozzle of a sprinkler. "Overspray" means when sprinklers deliver water beyond the landscaped area, wetting pavements, walks, structures, or other non landscaped areas. "Plant factor" means a factor that, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. "Percolation" means the movement of water through the soil. "Potable water" means water which is meant for human consumption. "Precipitation rate" means the rate at which water is applied, usually expressed in inches per hour. "Pressure compensation bubbler" means an irrigation emitter useful for watering trees and shrubs with water basins; produces a reduced flow of water that bubbles on the soil. "Quick coupling system" means a sprinkler system which uses permanently installed valves and sprinklers that can be moved from valve to valve. "Rain sensor" means a component of the irrigation system that automatically suspends the irrigation schedule when it rains. "Reclaimed water," "recycled water," or "treated sewage effluent" means treated or recycled water of a quality suitable for nonpotable uses such as landscape irrigation and water features; not intended for human consumption. "Reference evapotranspiration (ETo)" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four- to seven inch tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Allowable Water Allowance so that regional differences in climate can be accommodated. "Rehabilitated landscape" means a significant replacement of established landscaping and /or irrigation with a new landscaping and irrigation that requires a permit, plan check, or design review. For purposes of this chapter, "significant" is defined as any replacement exceeding fifty percent of a landscaped area and is at the discretion of the director of planning. Rehabilitated landscapes shall be consistent with the provisions of Chapter 17.32 of the Municipal Code. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied at too great a rate or when there is a slope. "Smart irrigation controller" means a type of irrigation controller which automatically adjusts the frequency and /or duration of irrigation events in response to changing weather conditions. "Soil texture" means the classification of soil based on its percentage of sand, silt and clay. "Special Landscaped Area (SLA)" means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, picnic grounds, sports fields, golf courses, where turf provides a playing surface, or other areas of intense foot traffic that provide public benefit. "Sprinkler head" means a device which discharges water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or set of valves that operate simultaneously. "Temporarily Irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "Turf" means a groundcover of cool- or warm season grass that is mowed. "Valve" means a device used to control the flow of water in the irrigation system. "Water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater. "Water Use Classification of Landscape Species WUCOLS)" means the publication entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version). 17.32.030 APPLICABILITY A. Except as provided in subsection B of this section, requirements of this chapter shall apply to: 1. All new construction landscapes which are homeowner provided and /or homeowner hired in single family and multi family residential projects with a total landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review; 2. All other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan check or design review; and Cemeteries: recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 17.32.070.GG, 17.32.070.HH, and 17.32.07011. Existing cemeteries are limited to Section 17.32.120.E; 3. In the event Covenants, Conditions and Restrictions are required by the City for any permit subject to this Chapter, a condition shall be incorporated into any project approval prohibiting the use of water intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Chapter in conjunction with common area /open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This Chapter shall not be construed as requiring landscaping on common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit the replacement of turf with less water intensive plant species. B. This chapter shall not apply to: 1. Any project with a total landscaped area less than 2,500 square feet; 2. Registered federal, state, and /or local historical sites and /or structures; 3. Ecological restoration projects that do not require a permanent irrigation system; and 4. Botanical gardens and arboretums open to the public. 17.32.040 GENERAL PROVISIONS A. Landscape plans and irrigation plans shall be drawn to the same scale. B. All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable City Ordinances, codes, regulations and adopted policies. C. Should any provision of this chapter conflict with any other provisions already established by the City, the more water efficient provision shall apply. D. If the water purveyor for a proposed project has adopted more restrictive water efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating the more restrictive requirements. E. Landscape design shall facilitate the implementation of landscape maintenance practices which foster long -term water conservation. Said practices may include, but not be limited to, scheduling irrigation based on established industry standards, conducting water audits and establishing a water budget to limit the amount of water applied per landscape acre. F. Landscaping for fuel modification zones shall be subject to standards required by the City's Fire Department. G. Landscaping adjacent to the Western Riverside County Multi- Species Habitat Conservation Plan (MSHCP) conservation areas shall avoid invasive species as listed in the MSHCP. 17.32.050 PROCEDURES A. The submittal, review, revision and approval of all required landscape and irrigation plans shall be in compliance with already established City procedures for land use entitlements. The requirements of this chapter shall be submitted jointly along with the required applications, plans and fees required for land use entitlement as required by the Director of Planning and on file in the Planning Department. B. The landscape plan package shall include: construction landscape plans, irrigation plans, agronomic soils report, water budget, irrigation schedule, and maintenance schedule. C. An Agronomic Soil Report is required on all projects for appropriate specifications of soil amendments, and to facilitate selection of water efficient plant species suitable for the site. A soil analysis shall be conducted for the site from reasonable soil samples of the site. The Soil Report shall describe the soil type, pH, soluble salts, infiltration rate, limiting soil characteristics, and recommended soil amendments needed to remediate limiting soil characteristics. D. A construction cost estimate is required with all construction landscape plans. E. A landscape maintenance schedule is required with all landscape plans as identified in Section 17.32.110. F. Landscaping plans shall be prepared using the Water Budget Formula described in the Appendix A to Chapter 17.32. In addition, landscaping plans shall provide a water budget which includes estimated annual water use (in hundred cubic feet per year (ccf /yr)) and the area (in square feet) to be irrigated; and precipitation rates for each valve circuit. The Planning Director or designee shall approve all landscaping plans. G. Prior to the issuance of a building permit for a project, subject to this Chapter, or as otherwise specified in the conditions of approval for a project, planting and irrigation plans prepared for the project shall be submitted for review and approval by the Planning Director. H. Prior to the issuance of a certificate of use and occupancy, an applicant shall submit a letter of completion, subject to field verification by the planning director or his or her designee. Said letter of completion shall be prepared by the landscape architect and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of completion shall be submitted prior to scheduling for the final inspection. The letter of completion shall be signed and certified by a licensed landscape architect and shall indicate: 1 Date; 2. Project information: a. Project name; b. Project applicant name, mailing address, telephone number; c. Project address; d. Property owner name and mailing address. 3. A field inspection of the irrigation system was completed prior to backfilling (evidence of field inspection shall be attached); 4. The landscaping has been installed in conformance with the approved planting and irrigation plans; 5. Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached); 6. The irrigation controller has been set according to the irrigation schedule; 7. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 8. A copy of the irrigation and maintenance schedule has been given to the property owner, local water purveyor, and the Planning Director. All landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. J. The Planning Director or his/her designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping to conduct inspections for the purposes of enforcing this Chapter. 17.32.060 LANDSCAPE DESIGN REQUIREMENTS The design and installation of all proposed landscape improvements subject to this section shall comply with the following provisions: A. The Landscape plan shall be prepared by a Landscape Architect licensed by the State of California. B. All landscaping plans shall comply with the City of Temecula Citywide Design Guidelines. C. All landscaped areas shall be irrigated with an automatic irrigation system as required in this Chapter. D. Water Quality Management Plan Best Management Practices (if applicable) that affect the landscaping shall be identified on the detailed construction landscape plans. E. Landscape design shall provide for the functional aspects of landscaping such as grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction of glare, and outdoor activities. F. Landscape design shall provide for the retention of existing mature landscaping that is in good, healthful condition, by incorporating such landscaping into the landscape plan. The protection, preservation and enhancement of native species and natural areas are required where feasible. G. Landscape design shall provide for the grouping of plants in regard to their water, soil, sun and shade requirements and in relationship to the buildings, so as to facilitate appropriate and efficient water applications. Plants with different water needs shall be irrigated separately. H. Protective tree grates shall be provided for trees planted in pedestrian areas. Root barriers shall be placed where trees are planted within five feet of any hardscape element or building. J. Turf shall be limited to only those areas designated for active recreational use. K. Turf shall not be planted in areas that are less than eight feet in width. L. Turf is not permitted on bermed areas or on slopes greater than 25 percent due to the problem of water runoff. M. A shallow swale shall be designed at the toe of all berms which are adjacent to sidewalks or other impervious /impervious hardscape surfaces to "catch" any runoff. This will help prevent weathering of pavement. If overhead spray irrigation is used for bermed areas, sprinkler heads shall be placed at the toe of the berm, so as to water from the bottom up. N. A minimum three -inch layer of mulching shall be installed and maintained over all non -turf areas. In areas with groundcover planted from flats, the mulch depth shall be no less than one and one -half inches. The mulching should be in the form of shredded bark, bark chips of varying sizes, or other similar materials. The size and type of mulch used should allow for moisture to pass through the surface, thus providing permeability and reduced erosion, particularly on slopes. Nonporous material shall not be placed under mulch. Q. Stabilizing mulching products shall be used on slopes. P. If the area proposed for development is improved and is not scheduled for development within six months of the completion of the previous phase, it shall be temporarily landscaped and irrigated for dust and soil erosion control, and shall not be counted toward meeting the landscaped area requirements of the zoning district. Q. Enhanced hardscape features that include public art, sculpture and/or water features may be counted as part of the required landscaping as long as they are designed and integrated in a manner that accentuates the landscaping. R. Decorative water features. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation and shall use recirculating water systems. Where available, recycled water shall be used for decorative water features. S. Permeable surfaces shall be used wherever permissible in place of impervious paving, to encourage on -site water infiltration and support water conservation measures. T. The landscape plan, at a minimum, shall include: 1. Property lines, streets, and street names; 2. Building locations, driveways, sidewalks, retaining wall, and other pervious or non pervious hardscape features; 3. Special landscape areas; 4. Identify areas irrigated with recycled water; 5. Identify type of mulch and application depth; 6. Identify soil amendments, type and quantity; 7. Identify type and surface area of water features; 8. Type and installation detail of any stormwater best management practices; 9. A legend indicating all plant species by botanical name and common name, spacing, and quantities of each typed of plant by container size; 10. Delineate and label each hydrozone, and identify each hydrozone as low, moderate, or high water use; and 11. Identify area, in square feet devoted to landscaping and a breakdown of the total areas by landscape hydrozone. U. Maximum Applied Water Allowance. 1. The Landscape Plan shall be prepared using the following water budget formula: MAWA (in gallons) (ETo)(0.62)(0.7 x LA +0.3 x SLA) ETo is reference evapotranspiration SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet 2. For the purposes of determining the Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71 V Estimated Annual Water Use (EAWU). 1. EAWU for a given hyrdozone is calculated as follows: EAWU (in gallons) (ETo)(0.62)[((PF x HA) /IE) SLA] ETo is reference evapotranspiration PF is Plant Factor HA is hydrozone area in square feet IE is irrigation efficiency (minimum 0.71) SLA is the amount of special landscape area is square feet. 2. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project. 3. The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0. 4. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. 17.32.070 IRRIGATION SYSTEM DESIGN REQUIREMENTS All irrigation systems shall be designed, constructed, managed, and maintained to achieve the highest overall efficiency possible. Efficiency is measured by the amount of water beneficially used to sustain plant life divided by the amount of water applied. Efficiency is affected by the attributes of the controller, method of irrigation, irrigation equipment, proper hydrozoning, site topography, condition and size of plants, and weather conditions. The design and installation of all irrigation improvements shall be in compliance with the following provisions: A. The irrigation plan shall incorporate appropriate irrigation equipment, drip irrigation, bubbler, spray head, and/or rotor irrigation heads in order to provide the most efficient irrigation system. Irrigation systems shall be designed and maintained to meet or exceed an average irrigation efficiency of 0.71. B. A manual shut -off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair. C. The irrigation plan shall be prepared at the same scale as the construction landscape plan and, at a minimum, shall identify the following: 1. Location and size of service lateral(s); 2. Location and size of water meter(s); 3. Point of connection (POC) location and static pressure at POC. Each point of connection shall indicate the size of the water meter, the static pressure available, and the maximum flow of the irrigation system; 4. Manufacturer's name, model number, total flow rate (gallons per minute), designed operating pressure (psi), and precipitation rate for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; 5. Location, size, and type of all irrigation components including, but not limited to smart controller, central controller, master valve, flow sensor, backflow prevention device, ball valves, anti -drain check valves, pressure supply (main) line, lateral lines, pipe sizing, valves, spray heads, rotors, drip, low volume irrigation equipment, gallons per minute, pressure regulators, and pumps; 6. Hydraulic calculation worksheet including flow rate (gallons per minute), design operating pressure, and pressure loss for valve with "worse condition;" 7. Precipitation rate (inches per hour) for each spray type circuit; 8. Irrigation legend to include all irrigation equipment used on the project; 9. Location and identification of each hydrozone; 10. A hydrozone information table for each hydrozone; 11. Topographic elevation lines to determine slope; 12. Proximity to existing or planned recycled /non potable water lines; 13. Irrigation system details for assembly and installation; and 14. Calculation for the project's landscape Water Budget Formula (see Appendix A to Chapter 17.32). D. Separate landscape water meters shall be installed for non single family residential landscaping with a landscaped area greater than 5,000 square feet. E. All non single family landscaped areas must be serviced by a "smart irrigation controller" which automatically adjusts to the frequency and /or duration of irrigation events in response to changing weather conditions. Smart irrigation controllers shall have the following attributes: 1. Real -time, weather based program adjustment capability; 2. Project must have an on -site weather station or external ETo input; 3. Rain sensors shall be placed within an unobstructed natural rainfall area and shall be located above the irrigation spray pattern; 4. Master valve (or simultaneous operations) for landscaped areas greater than 12,000 square feet; 5. Flow sensor; 6. Multiple start times; and 7. Multiple programs. F. Residential front yard typical Irrigation plans must demonstrate that sufficient capacity exists on the specified irrigation controller to supply adequate additional zones for future side and backyard landscaping. More than one controller per residential unit shall be avoided. G. With the exception of single family residential units, all irrigation plans shall be designed for use of non potable water in all areas scheduled for non potable water in the future. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan should there be the possibility for future nonpotable water availability. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the City of Temecula, the California Regional Water Quality Control Board, State Department of Health Services, the Riverside County Health Department and the local reclaimed water purveyor. H. Non single family residential landscaping greater than one acre in size shall include a central controller programmed to distinguish irregular flows (e.g. broken valve, line, spray head, etc.). The central controller shall temporarily shut off the affected branch or the entire system, and send an immediate electronic message to the maintenance entity. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. Drip irrigation techniques or similar high- efficiency irrigation type shall be provided where appropriate (i.e., shrubs, massing in- mulched areas) in instances where spray irrigation is not necessary. J. Irrigation systems shall be zoned according to plant water use, slope aspect, and sun /shade microclimate. If low water use plants (that can also survive /flourish with medium water application) are used within a medium water use hydrozone, they must be counted as medium water use in the irrigation calculations. K. The capacity of the irrigation systems shall not exceed: 1. The capacity required for peak water demand based on water budget calculations; 2. Meter capacity; and 3. Backflow preventer type and device capacity. L. The use of head check valves shall be included in irrigation systems as applicable. M. Pressure regulation shall be incorporated into all irrigation systems to prevent excessive pressure at sprinkler heads. N. Low head drainage is not permitted. O. Swing joints or other riser protection components are required on all risers subject to damage that are adjacent to high traffic areas. P. Bermed areas should be irrigated with drip line irrigation. If overhead irrigation is necessary for bermed areas, then sprinkler heads shall be placed at the toe of the berm. Q. Overhead spray systems shall not be used in landscape areas narrower than eight feet in width. R. Overhead irrigation shall not be permitted within 24 inches of any non permeable surface, unless the landscaped area is adjacent to a permeable surface and no overspray or run -off occurs. S. Overhead irrigation shall be limited to the hours of 8 p.m. and 9 a.m. T. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. U. Rotors and spray heads shall be designed and installed with no overspray onto non permeable surfaces, structures, and non vegetated areas. Head -to -head coverage with matched precipitation heads is shall be required, unless otherwise directed by the manufacturer. Rotors and spray heads shall be zoned separately. Half rotors and full rotors shall be zoned separately unless matched precipitation nozzles are used. V. High efficiency irrigation methods (e.g. drip, MP rotators, and microsprays) are required for appropriate applications. W. Point -to point drip systems shall utilize Schedule 40 PVC lateral lines. The lateral lines shall either be placed on -grade and secured with pipe anchors at a minimum 10 feet on center, or buried one foot below grade. X. For drip line installations, in -line pressure regulators shall be used per factory recommendations for the specific irrigation products being used. If drip line is being installed, it must be filtered at the valve along with any other necessary equipment. Y. The delivery tubing for point -to -point irrigation systems shall be no longer than three feet and attached to grade at minimum two foot intervals. Z. Emitter line drip systems shall have the lines placed no more than 18 inches apart. The emitter lines adjacent to curbs or walks shall be placed at a maximum of nine inches from the curb or walk. Emitter lines shall be attached to grade at a minimum of five feet on- center. All plants shall be planted between two emitter lines. AA. The finish grade for all on -grade drip systems shall be a minimum of three inches below adjacent curbs or walks. All drip systems shall receive a minimum of three inches of medium grind bark. BB. All drip systems shall utilize the mature canopy size of the plant in determining the number of emitters to be placed at each plant. A schedule showing the varying amount of emitters shall be placed on the plans. The run -times shall be shown in the irrigation schedules. CC. The maximum square feet of any drip valve shall be 2,500 square feet. DD. A drip system shall extend no more than any two sides of any building (north /east, and south /west, by exposure). EE. All drip systems shall have a brass /bronze line -sized basket strainer placed at the point of connection. FF. Systems shall be scheduled so that the irrigation precipitation rate does not exceed the infiltration rate of the soil. GG. A baseline irrigation schedule shall be provided on the plans for the six -month initial plant establishment period. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weather based controller. The schedule currently in effect shall be posted in the controller. HH. A second baseline irrigation schedule shall be provided on the plans which incorporate the specific water needs of the plants throughout the post establishment calendar year. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weather based controller. The schedule currently in effect shall be posted in the controller. II. The irrigation schedules shall include the recommended irrigation days per week, number of cycles per day, minutes of run times per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year. JJ. The controller shall be operational and set to real -time weather prior to the completion of the 90 -day maintenance period of the installing contractor. KK. After establishment of the plant materials, the irrigation of landscaped areas shall be limited to the hours between dusk and early morning in order to provide maximum benefit to the plant material and to reduce unnecessary water loss through wind drift and evaporation. Drip irrigation systems are exempt from this provision. 17.32.080 GRADING PLAN REQUIREMENTS (if applicable) A. A grading design plan may be required and shall include rough /precise grade elevations prepared for the project by a licensed civil engineer. 17.32.090 RESIDENTIAL REQUIREMENTS A. Single Family Residential Requirements. 1. The planting plans shall incorporate the use of compatible species of drought tolerant /water- efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B to Chapter 17.32. 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought tolerant plant materials for water conservation. 3. Existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Street trees shall be planted along all streets in residential areas. On any street, at least one street tree shall be provided at the front of each residential lot. In the street side yard, slope, and similar areas, at least one street tree per 45 linear feet of street shall also be provided. 5. Front yard landscaping shall be provided in all residential zoning districts. In addition to the street tree requirement, front yard landscaping shall include, at a minimum, one 15- gallon size tree per lot, one 5- gallon size tree per lot, and a variety of drought tolerant shrubs and ground- cover. Shrubs shall be a minimum five gallons at the time of planting. Turf areas shall be used sparingly in response to functional needs only and shall be in compliance with the Water Budget Formula (Appendix A to Chapter 17.32). 6. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. a. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be landscaped to soften their appearance as follows: One 15- gallon or larger tree per each 600 square feet of slope area; ii. One gallon or larger shrub for each 100 square feet of slope area; and Appropriate vegetative ground cover or mulch. iv. In addition to the above requirements, slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one 5- gallon or larger tree per each 1,000 square feet of slope area. 7. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. 8. Trees and shrubs shall be planted in a manner that at maturity they do not interfere with utility lines, sight lines for traffic safety, encroach on adjacent property, or create barriers to the solar access rights of adjoining property owners. 9. Residential front yard typical Irrigation plans must demonstrate that sufficient capacity exists on the specified irrigation controller to supply adequate additional zones for future side and backyard landscaping. More than one controller per residential unit shall be avoided. 10. The project applicant shall provide home buyers with educational information regarding the design, installation and maintenance of water efficient landscape and irrigation landscapes as approved by the Director of Planning or water purveyor, upon the sale of each dwelling unit within the project. The plans shall include a key identifying the common names of the plants used in the landscaping. B. Residential Model Homes Requirements. 1. All model homes in residential subdivisions shall comply with provisions of this chapter. 2. The project applicant shall distribute outdoor water conservation pamphlets provided by local water purveyors, if available, to buyers upon the sale of each dwelling unit within the development. 3. A sign shall be displayed in the front yard of each model home which is clearly visible to home buyers. The sign shall indicate that the model home features water efficient landscape, hydrozones, and irrigation equipment which contributes to overall water efficiency. C. Multi Family Residential Requirements 1. The planting plans shall incorporate the use of compatible species of drought tolerant /water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List (Appendix B to Chapter 17.32). 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought tolerant plant materials for water conservation. 3. To the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Development Code. 5. All setback areas shall be landscaped, including interior courts, open space areas, and boundary areas that are not covered with buildings, pavement, or other hardscape surface. 6. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula (Appendix A to Chapter 17.32). 17.32.100 COMMERCIAL /OFFICE /INDUSTRIAL /PUBLIC INSTITUTIONAL REQUIREMENTS A. The planting plans shall incorporate the use of drought tolerant /water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B to Chapter 17.32. B. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought tolerant plant materials for water conservation. C. To the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. D. All development projects shall also comply with the City of Temecula Citywide Design Guidelines. E. Street trees shall be planted at a minimum of one tree per 30 linear feet of street frontage. Trees shall be a minimum 15- gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. F. Setback areas that are not used for vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered with buildings, pavement, or other hardscape surface shall be landscaped. G. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, drought tolerant plant materials for water conservation, and utilize planting (i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. H. The use or combination of berming, landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, trash enclosures, and utilities from public view. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Temecula Municipal Code. J. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. 1. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and/or mulch that will absorb rainwater and reduce runoff for erosion control, and to soften their appearance as follows: a. One 15- gallon or larger tree per each 600 square feet of slope area; b. One gallon or larger shrub for each 100 square feet of slope area; and c. Appropriate vegetative ground cover or mulch that will absorb rainwater and reduce runoff. 2. In addition to the requirements above, slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide on five gallon or larger tree per each 1,000 square feet of slope area. K. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. L. Trees and shrubs shall be planted so that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. 17.32.110 OPEN SPACE /RECREATION /CONSERVATION ZONING DISTRICTS REQUIREMENTS A. A minimum of 80 percent of the net lot area shall be open space and unencumbered with buildings. Open space may include walkways and recreation areas. B. A minimum of 50 percent of the net lot area shall be covered with a drought tolerant landscaping. C. A minimum of one drought tolerant shade tree shall be provided for every 1,000 square feet of net area. D. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula (Appendix A to Chapter 17.32). E. Any remaining areas which are not otherwise landscaped or surfaced for a specific recreational activity shall be covered with drought- resistant vegetation, decorative hardscape. F. Pervious hardscape shall be used where feasible. G. Vehicular access ways shall be paved. 17.32.120 MAINTENANCE AND ENFORCEMENT A. Landscapes shall be maintained to ensure water efficiency. Landscape maintenance shall include, but not be limited to routine inspection, adjusting and repair of the irrigation system and its components, resetting irrigation controllers, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding, clearing of debris, monitoring for pests and disease, the removal and timely replacement of dead plants, and repair and timely replacement integrated architectural features. B. A 90 -day maintenance period is required of the installing contractor immediately following approval of the final landscape inspection. C. An annual landscape maintenance schedule shall be prepared and provided to the property owner and Planning Director. The maintenance schedule shall identify plant types (turf, shrubs, groundcover, trees, etc.), mulch and /or inorganic ground cover, and shall indicate the frequency of pruning and fertilizer applications by plant type and the replenishment of mulch. D. Repair of irrigation equipment shall be done with originally specified materials or their equivalent. E. The City will rely on water purveyors to enforce landscape water use efficiency requirements. The City shall coordinate with local water purveyors and indentify programs that enhance and encourage landscape water use efficiency such as: 1. Tiered water rate structure; 2. Allocation -based conservation water pricing structure; 3. A rate structure at least as effective as the above options; 4. Irrigation audits and /or irrigation surveys; or 5. Penalties for water waste. F. New or rehabilitated landscape areas shall be subject to a landscape audit. The landscape audit shall include inspection of plant materials and irrigation systems in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditors Handbook, the entire document, which is hereby incorporated by reference. G. Landscape audits will be coordinated with the water purveyor and shall be conducted by a certified Landscape Irrigation Auditor." Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance including Appendices A and B and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 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 day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Appendix A City of Temecula Water Budget Formula WORKSHEET (Insert Project Name) (For projects with more than 1 hydrozone) 1 Maximum Annual Water Allowance (MAWA) INPUT the total square footage of landscape =I 0 IS.F. INPUT the Hist. ETo for the area =I 2 Estimated Annual Water Use Hydrozone #1 INPUT square INPUT hydrozone irrigation EAWU Hydrozone 2 INPUT square INPUT hydrozone irrigation EAWU Hydrozone 3 INPUT square INPUT hydrozone irrigation EAWU Hydrozone 4 INPUT square INPUT hydrozone irrigation EAWU Hydrozone 5 INPUT square INPUT hydrozone irrigation EAWU INPUT Plant Factor =I 0.8 footage of hydrozone 0 efficiency 0 ccf yr MAWA (EAWU) INPUT Plant Factor 0.8 '(High) footage of hydrozone 0 efficiency 0 ccf yr INPUT Plant Factor 0.5 lowed) footage of hydrozone 0 efficiency 0 ccf yr INPUT Plant Factor footage of hydrozone =I 0 efficiency 0 ccf yr INPUT Plant Factor footage of hydrozone =I 0 efficiency 0 ccf yr Total EAWU 0 ccf yr (Turf) 0.2 I (Lo 0.1 (Very Low) ccf yr MAWA EAWU =I 0 Jccf yr (this number must be positive) Application Method IE Factor Drip 0.9 Bubblers 0.85 MP Rotors 0.75 Rotors 0.75 Microsprays 0.7 Spray Heads 0.7 CIMIS Station Location ETo 62 Temecula 66.14 130 Temecula East 49.54 Plant Category Plant Factor High 0.7 1.0 Medium 0.4 0.6 Low 0.0 0.3 1, To find Maximum Allowable Water Allowance (MAWA) Maximum Allowable Water Allowance (MAWA) STEP 1. Calculate the total square footage of the landscape area and insert that number into Space A (Round the number to the nearest hundred). STEP 2. Insert the Reference Evapotranspiration (ETo) in Space B from Chart 1. STEP 1. Find plant factor (Chart 2) for the hydrozone, using the highest plant factor per hydrozone. If a medium plant factor and a low plant factor are in the same hydrozone, the factor is medium. Place that number in Space E. STEP 2. Calculate the square footage for the hydrozone (round to the nearest hundred) and put the number in Space F. Next, insert the hydrozone irrigation efficiency factor (IF) from Chart 3 into Space G. STEP 3. Multiply ETo (Chart 1) x E x F x 0.62, then divide the number by (G x 748). This gives the EAWU number for Space H. STEP 4. Repeat steps 1 3 for each hydrozone. STEP 5. Add up the EAWU (Space H) for each hydrozone to calculate Total EAWU (Space I). Total EAWU 3. To Find the Total Water Allowance STEP 1. To calculate the Total Water Allowance (Space J), Subtract the Total EAWU (Space I) from MAWA (Space D) Chart 1 Chart 2 Chart 3 INSTRUCTIONS FOR COMPLETING WATER BUDGET FORMULA MAWA= Ax 0.62x 8x 0.70/ 748 STEP 3. Multiply A x .62 x B x .7, put the answer in Space C and divide by 748. This gives the MAWA in hundreds of cubic feet (ccf) (Space D). MAWA Input the total square footage of landscape A x 0.62 Input the Historical ETo for the area 8 x 0.70 MAWA 2. To Find Estimate Annual Water Use (EAWU) for each hydrozone Estimated Annual Water Use (EAWU) EAWU= ETO x Ex Fx 0.62f(Gx 748) Hydrozone #1 Input nyarozone irrigation efficiency Hydrozone #1 EAWU =I Total Water Allowance MAWA EAWU J Iccf /yr (this number must be positive) are footage o hydrozone H ccf /yr Input Plant Factor G F E Input squ Add each hydrozone H H H H H 1 c D gal /yr 748 ccf 0.62 x ETo APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Arctostaphylos Acacia redolens Baccharis pilularis cvs. Baccharis 'Centennial' Lantana montevidensis Maleophora crocea Myoporum parvifolium Rosemarinus 'Prostratus' Teucrium chamaedrys Abelia grandiflora prostrata Arctotheca calendula Berberis spp. Cerastium tomentosum Ceratostigma pumbaginoides Cotoneaster spp.(ground covers) Fragaria chiloensis Gazania spp. Geranium incanum Hypericum calycinum Juniperus conferta Lirope spicata Lotus corniculatus Mahonia repens Muehlenbeckia axillaris Myoporum X 'Pacificum' Myoporum 'South Coast' Parthenocissus quinquefolia Pelargonium peltatum Potentilla verna Senecio mandraliscae Thymus pseudolanuginosus Thymus serphyllum Trachelosperrnum asiaticum Trifolium fragiferum O'Connor Verbena rigida Zoyzia tenuifolia Ophiopogan japonicum Lotus scoparius Nolina parryi Achillea millefolium Achillea tomentosa Artemisia absinthium Baileya multiradiata Coreopsis auriculata'Nana' Coreopsis lanceolata Deschampsia caespitosa Dymondia margaretae Elymus spp. Encelia califomica Epilobium spp.(Zauchneria) Kniphofia uvaria Narcissus spp. Pennisetum alopecuroides Pennisetum setaceum'Cupreum' Stipa pulchra Stipa tenuissima Agapanthus africanus Anigozanthos flavidus Armeria maritima Asparagus spp. Calamagrostis spp. emerald carpet prostrate acacia dwarf coyote brush bentennial baccharis lantana ice plant (Maleophora) myoprum trailing rosemary germander prostrate glossy abelia cape weed barberry snow in summer dwarf plumbago cotoneaster wild strawberry gazania cranesbill Aaron's beard shore juniper creeping lily turf birdsfoot trefoil creeping mahonia creepng wire vine pacifica saltbush south coast myoprum Virginia creeper ivy geranium spring cinquefoil kleinia wolly thyme creeping thyme Asian star jasmine O'Connor's legume vervian Mascarene grass mondo grass deer weed bear grass common yarrow woolly yarrow wormwood desert marigold dwarf coreopsis coreopsis tufted hairgrass dymondia wild rye Califomia encelia Califomia fuchsia red hot poker daffodil Chinese pennisetum purple fountain grass feather grass feather grass lily -of- the -nile kangaroo paw sea pink ornamental asparagus feather reed GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC GC 0.2 L 1 0.2 L 2 0.2 L 2 0.2 L 2 0.2 L 1 0.2 L 0.5 0.2 L 0.5 0.2 L 2 0.2 L 1 0.5 M 2 0.5 M 1 0.5 M 1 0.5 M 0.5 0.5 M 1 0.5 M 1 0.5 M 0.5 0.5 M 0.5 0.5 M 0.5 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 2 0.5 M 1 0.5 M 2 0.5 M 2 0.5 M 1 0.5 M 2 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 1 0.5 M 1 0.5 0.5 0.8 1 0.1 L 2 0.1 L 6 0.2 3 0.2 0.5 0.2 3 0.2 1 0.2 0.5 0.2 1.5 0.2 1.5 0.2 0.5 0.2 2 0.2 4 0.2 3 0.2 2 0.2 2 0.2 3 0.2 4 0.2 1.5 0.2 1.5 0.5 M 1.5 0.5 M 2 0.5 M 0.5 0.5 M 1 0.5 M 2 5 12 8 5 5 2 8 6 2 3 5 6 3 4 5 1 2 2 3 6 3 3 3 3 15 10 5 4 3 3 1 1 3 6 4 2 1 2 X 3 X 3 3 3 1.5 2 2 1 2 2 4 X 3 3 1 3 4 1.5 1.5 1.5 2 1 3 2 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIS Botanical name Carex comans Centaurea cineraria Chrysanthemum superbum Cuphea ignea Delphinium elatum Dietes bicolor Dietes iridiodes Digitalis purpurea Erigeron karvinskianus Erodium chamaedryoides Erysimium linifolium Festuca califomica Festuca ovina glauca Gaura lindheimer Geranium sanguinium Helictotrichon sempervirens Hemerocallis spp. Heuchera sanguinea Imperata cylindrica'Rubra' Iris spp. Lillium asiatic Linaria purpurea Lirope muscari Miscanthus sinensis Muhlenbergia dumosa Muhlenbergia rigens Nepeta X faassenii Penstemon heterophyllus Stachys bysantina Tulbaghia fragrans Tulbaghia violacea Zantedeschia aethiopica Bergenia crassifolia Equisetum spp. Adenostoma fasciculatum Adenostoma sparsifolium Calliandra eriophylla Cercocarpus minutiflorus Fallugia paradoxa Lobelia laxiflora Salvia apiana Simmondsia chinensis Agave americana Arctostaphylos cultivars Arctostaphylos spp. Baccharis pilularis consan. Baccharis sarothroides Buddleia marrubiifolia Caesalpinea gilliesii Caesalpinea mexicana Callistemon citrinus Convolvulus cneorum Senna artemisioides Senna eremophila Ceanothus spp. Ceanothus cultivars Cereus peruvianus Cistus spp. Comarostaphylis diversifolia Convolvulus cneorum Dalea bicolor Dasylirion spp. Common name sedge dusty miller (cineraria) Shasta daisy cigar plant candle larkspur fortnight lily fortnight lily foxglove fleabane cranesbill wallflower California fescue blue fescue gaura cranesbill blue oat grass day lily coral bells Japanese blood grass Douglas iris hybrids asian lily toadflax big blue lily turf eulalia grass bamboo muhly deer grass catmint penstemon lamb's ears sweet garlic society garlic common calla winter blooming bergenia horsetail chamise red shanks /ribbonwood fairy duster San Diego mountain mahogany Apache plume Mexican bush lobelia white sage jojoba. century plant manzanita cultivars manzanita coyote brush desert broom woolly butterfly bush desert bird of paradise Mexican bird of paradise bottle brush bush morning glory feathery cassia deset cassia California lilac ceanothus Penuvian apple cactus rockrose summer holly bush morning glory dalea (bicolor) desert spoon T pe Kc 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.8 0.8 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 (by water use type) Height Spread Riv.Co. c Feet Feet Native Comments 1 3 2 2 2 2 1 1 3 2 3 3 3 3 4 2 1.5 3 0.5 1 2 2 0.5 1 0.5 1 3 3 1 2 2 2 1 2 1 2 1 2 2 1 2 1 1.5 1 1 1.5 5 5 3 3 3 3 X 2 2 1 2 X 1.5 1.5 1 1 1 1 2 1 2 2 4 2 Contain roots L 10 10 X L 10 10 X L 3 4 L 6 10 X L 6 4 L 2 2 L 4 4 X VL 6 6 X 5 5 Varies Varies Varies Varies X 10 6 X 10 6 X 5 5 10 10 6 6 12 10 3 3 5 5 5 5 Varies Varies X Varies Varies 25 6 Varies Varies 10 10 X 3 3 3 3 3 3 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc c Feet Feet Native Comments Dendromecon spp. bush poppy S 0.2 15 15 Echium fastuosum pride of madeira S 0.2 5 5 Elaeagnus pungens silverberry S 0.2 12 12 Encelia farinosa brittle bush S 0.2 5 5 X Eriogonum spp. buckwheat S 0.2 3 4 X Euphorbia rigida euphorbia (rigida) S 0.2 2 3 Euryops pectinatus euryops /shrub daisy S 0.2 5 3 Forestiera neomexicana desert olive S 0.2 6 6 Fouquieria splendens ocotillo S 0.2 15 5 X Fremontodendron spp. flannel bush S 0.2 15 12 X Galvesia speciosa island bush snapdragon S 0.2 2 4 X Grevillea spp. grevillea S 0.2 4 4 Hesperaloe parviflora red /yelow yucca S 0.2 3 3 Heteromeles arbutifolia toyon S 0.2 8 8 Hex vomitoria yaupon S 0.2 6 6 Keckiella antirhinnoides yellow penstemmon S 0.2 6 8 X Keckiella cordifolia heart- leaved penstemmon S 0.2 5 8 X Lantana camara lantana S 0.2 3 5 Larrea tridentata creosote bush S 0.2 4 4 Lavandula spp. lavender S 0.2 3 3 Lavatera bicolor tree mallow S 0.2 6 4 Leptospermum scoparium New Zealand tea tree S 0.2 6 6 Leucophyllum frutescens Texas ranger S 0.2 6 6 Mahonia nevinii Nevin mahonia S 0.2 4 6 Malosma laurina (Rhus laurina) laurel sumac S 0.2 8 8 Nerium oleander oleander S 0.2 10 10 Rhamnus califomica coffeeberry S 0.2 10 10 X Rhamnus crocea redberry S 0.2 3 5 X Rhus ovata sugar bush S 0.2 8 8 X Rosmarinus offfcinalis rosemary S 0.2 5 5 RueIlia brittoniana mexican ruellia S 0.2 3 2 Contain roots Salvia chamaedroides blue sage S 0.2 1 4 X Salvia clevelandii Cleveland sage S 0.2 4 4 Salvia gregii autumn sage S 0.2 4 4 Salvia leucantha Mexican bush sage S 0.2 4 4 Salvia leucophylla purple sage S 0.2 4 4 Santotna spp. lavender cotton S 0.2 2 2 SoIlya heterophylla Australian bluebell creeper S 0.2 2 4 Teucrium fruticans bush germander S 0.2 5 5 Trichostema lanatum woolly blue curls S 0.2 4 4 X Westringia fruticosa coast rosemary S 0.2 5 5 Yucca filamentosa Adam's needle S 0.2 2 5 Yucca whipplei. our Lord's candle S 0.2 3 3 X Abelia'Edward Goucher' pink abelia S 0.5 M 4 4 Abelia X grandiflora glossy abelia S 0.5 M 5 5 Abelia'Sherwoodi'i' Sherwood dwarf abelia S 0.5 M 3 4 Aspidistra elatior cast iron plant S 0.5 M 2 2 Buddleia davidii butterfly bush S 0.5 M 6 6 Buxus microphylla japonica Japanese boxwood S 0.5 M 4 4 Caesalpinea pulcherrima dwarf poinciana S 0.5 M 10 10 Callistemon viminalis weeping bottle brush S 0.5 M 20 15 Chamelaucium uncinatum Geraldton wax flower S 0.5 M 6 6 Clivia miniata Kafir Lily S 0.5 M 2 2 Cocculus laurifolius laurel leaf cocculus S 0.5 M 25 25 Coprosma kirkii creeping coprosma S 0.5 M 2 3 Rabbit prone Coprosma repens mirror plant S 0.5 M 10 6 Cordyline australis cordyline S 0.5 M 20 6 Cotoneaster spp. (shrubs) cotoneaster S 0.5 M Varies Varies Cycas revoluta sago palm S 0.5 M 4 4 Dodonaea viscosa hopseed bush S 0.5 M 12 6 Dodonaea viscosa 'Purpurea' purple hopseed bush S 0.5 M 12 6 Escallonia spp. escallonia S 0.5 M Varies Varies APPENDIX B, City of Temecul Botanical name Euonymus japonicus Euryops pectinatus viridis Feijoa sellowiana Felicia amelloides Felicia fruticosa Gardenia veitchii Garrya eliptica Grewia occidentalis Hebe spp. Hibiscus syriacus Hypericum'Hidecote' Ilex X altaclarensis 'Wilsonii' Ilex aquifolium Ilex cornuta'Burfordii' Ilex dimorphophilla Jasminum humile Jassminum mesnyi Juncus patens Juniperus spp. Ligustrum japonicum Mahonia aquifolium Mahonia bealei Mahonia 'Golden Abundance' Mahonia lomariifolia Murraya paniculata Myrtus communis Nandina domestica Nandina domestica'Purpurea' Osmanthus fragrans Perovskia spp. Phormium hybrids Phormium tenax Photinia X fraseri Photinia serrulata Pittosporum tobira Pitt. tobira 'Wheelers Dwarf' Plumbago auriculata Punica granatum 'nana' Pyracantha spp. Rhamnus alaternus Rhaphiolepis spp. Rhaphiolepis'Majestic Beauty' Rosa 'Cecil Brunner' Rosa hybrids bush Spiraea japonica Tecomaria capensis Thymus vulgaris Trachelospermum jasminoides Veronica spp. Viburnum japonicum Viburnum rhytidophyllum Viburnum suspensum Viburnum tinus Xylosma congestum Prunus ilicifolia Quercus dumosa Quercus wislizeni Acacia baileyana Acacia cultriforrnis Acacia dealbata Acacia smallii Acacia stenophyla a Development Code, 17.32, PLANT LIST, (by water use type) Common name evergreen euonymus green euryops pineapple guava blue marguerite shrub aster gardenia coast silktassel lavender star flower hebe rose of sharon St.Johnswort Wilson holly English holly Burford holly Okinawan holly Italian jasmine primrose jasmine California grayrush juniper Japanese privet Oregon grape leatherleaf mahonia golden abundance mahonia Chinese holly grape orange jessamine true myrtle heavenly bamboo heavenly bamboo sweet olive Russian sage flax New Zealand flax Fraser photinia Chinese photinia mock orange dwarf pittosporum cape plumbago dwarf pomegranate firethorn Italian buckthorn Indian hawthorne majestic beauty Cecile Bnunner rose rose spiraea cape honeysuckle common thyme star jasmine veronica Japanese viburnum leatherleaf vibumum sadanqua vibumum laurustinus shiny xylosma holly leaf cherry California scrub oak interior live oak Bailey acacia knife acacia silver wattle desert sweet acacia shoestring acacia Type Kc S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 S 0.5 T 0.1 T 0.1 T 0.1 T 0.2 T 0.2 T 0.2 T 0.2 T 0.2 Kc M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M VL VL VL L L L L L Height Spread Riv.Co. Feet Feet Native Comments Varies Varies 5 5 10 10 1.5 4 2 3 3 3 20 20 6 6 3 3 10 6 4 4 8 8 20 20 10 10 3 3 10 10 8 8 2 2 Varies Varies 10 6 8 6 8 10 5 5 1.5 10 3 4 5 10 10 8 10 6 8 4 4 10 4 3 1 10 3 3 4 10 10 8 2 2 6 8 3 3 Varies Varies 12 12 4 4 12 4 6 6 Varies Varies 4 4 6 8 1 2 1. 5 1. 1.5 10 8 8 8 8 4 25 4 40 4 40 2 30 1 12 4 30 3 20 3 20 X X X APPENDIX B, City of Temecul Botanical name Arbutus unedo Nolina recurvata Brachychiton populneus Brahea edulis Ceratonia siliqua Cercidium floridum Cercidium microphyllum Cercidium praecox Cercis occidentalis Chilopsis linearis Chitalpa tashkentensis Cupressus arizonica var. glabra Cupressus sempervirens Elaeagnus angustifolia Eucalyptus camaldulensis Eucalyptus lehmannii Gleditsia triacanthos Laurus nobilis Leptospermum laevigatum Olea europaea Parkinsonia aculeata Phoenix canariensis Phoenix dactylifera Pinus brutia Pinus eldarica Pinus halepensis Pinus pinea Pittosporum phillyraeoides Prunus lyonii Quercus agrifolia Quercus chrysolepis Quercus ilex Quercus suber Rhus lancea Robinia X ambigua Schinus molle Sophora secundiflora Washingtonia filifera Washingtonia robusta Acacia pendula Albizia julibrissin Alnus cordata Arbutus' Marina' Arecastrum romanzoffianum Banksia integrifolia Bauhinia variegata Brachychiton acerifolius Brachychiton discolor Cedrus atlantica Cedrus deodora Celtis sinensis Cercis canadensis Chamaerops humilis Chionanthus retusus Cinnamomum camphora Citrus spp. Cupaniopsis anacardioides Cypressocyparis leylandii Eucalyptus citriodora Eucalyptus erythrocorys Eucalyptus nicholii Eucalyptus torquata a Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Common name Type Kc Kc Feet Feet Native Comments strawberry tree T 0.2 20 20 bottle palm T 0.2 6 6 bottle tree T 0.2 40 30 Guadelupe palm T 0.2 30 10 carob T 0.2 30 30 blue palo verde T 0.2 30 30 X little leaf palo verde T 0.2 25 25 X Sonoran palo verde T 0.2 25 25 western redbud T 0.2 15 15 desert willow T 0.2 25 25 chitalpa T 0.2 25 25 smooth Arizona cypress T 0.2 40 20 Italian cypress T 0.2 50 10 Russian olive T 0.2 20 20 red gum T 0.2 70 40 bushy yate T 0.2 25 25 honey locust T 0.2 50 30 sweet bay T 0.2 30 30 Australian tea tree T 0.2 30 30 olive T 0.2 25 25 Mexican palo verde T 0.2 20 20 X Canary Island date palm T 0.2 50 40 date palm T 0.2 60 40 Calabrian pine T 0.2 40 40 eldarica pine T 0.2 40 40 Aleppo pine T 0.2 40 40 Italian stone pine T 0.2 50 40 willow pittosporum T 0.2 20 15 Catalina cherry T 0.2 40 30 X coast live oak T 0.2 40 50 X canyon live oak T 0.2 30 40 X holly oak T 0.2 50 50 cork oak T 0.2 50 50 African sumac T 0.2 25 25 locust T 0.2 40 20 California pepper tree T 0.2 35 35 Texas mountain laurel T 0.2 25 25 California fan palm T 0.2 50 10 X Mexican fan palm T 0.2 75 10 weeping acacia T 0.5 M 25 15 silk tree T 0.5 M 35 35 Italian alder T 0.5 M 35 20 Marina arbutus T 0.5 M 35 30 queen palm T 0.5 M 40 10 Not zone 18 tree banksia T 0.5 M 20 10 purple orchid tree T 0.5 M 30 30 flame tree T 0.5 M 50 30 Queensland lace bark T 0.5 M 30 30 Atlas cedar T 0.5 M 50 30 deodar cedar T 0.5 M 60 30 Chinese hackberry T 0.5 M 40 40 eastern redbud T 0.5 M 30 30 Mediterranean fan palm T 0.5 M 20 15 Chinese fringe tree T 0,5 M 30 20 camphor tree T 0.5 M 40 40 orange, lemon etc. T 0.5 M Varies Varies Not zone 18 carrotwood T 0.5 M 40 40 leyland cypress T 0.5 M 20 10 lemon scented gum T 0.5 M 60 30 red cap gum T 0.5 M 20 10 peppermint gum T 0.5 M 30 20 coral gum T 0.5 M 15 10 APPENDIX B, City of Temecul Botanical name Fraxinus oxycarpa 'Raywoodi' Fraxinus velutina Fraxinus velutina 'Modesto' Geijera parviflora Ginkgo biloba Junipenus scopulorum'Tolleson' Junipenus scopulorum Koelreuteria bipinnata Koelreuteria paniculata Lagerstroemia indica Ligustrum lucidum Liquidambar styraciflua Liriodendron tulipifera Magnolia grandiflora Magnolia soulangeana Magnolia stellata Malus spp. eg.'Prairie Fire' Maytenus boaria Melaleuca styphelioides Pinus canariensis Pinus torreyana Pistacia chinensis Platanus X acerifolia Platanus racemosa Podocarpus gracilior Podocarpus henkelii Podocarpus macrophyllus Populus fremontii Populus nigra 'Italica' Prunus caroliniana Prunus spp. (ornamental) Prunus spp. (ornamental) Punica granatum Pyrus calleryana cultivars Pyrus kawakamii Quercus lobata Quercus virginiana Sapium sebiferum Tipuana tipu Trachycarpus fortune' Tristaniopsis laurina Ulmus parvifolia Vitex agnus castus Alnus rhombifolia Betula pendula Salix spp. Clematis lasiantha Lonicera japonica Lonicera japonica 'Halliana' Macfadyena unguis -cati Vitis califomica Ficus pumila Clematis armandii Clytostoma callistigioides Distictis buccinatoria Distictis 'Rivers' Lonicera sempervirens Parthenocissus tricuspidata Rosa banksiae Rosa hybrids..climbing Solandra maxima Solanum jasminoides a Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Common name Type Kc Kc Feet Feet Native Comments raywood ash T 0.5 M 50 30 Arizona ash T 0.5 M 50 30 Modesto ash T 0.5 M 50 30 Australian willow T 0.5 M 25 20 maiden hair tree T 0.5 M 60 30 Tolleson's juniper T 0.5 M 20 10 skyrocket juniper T 0.5 M 20 3 Chinese flame tree T 0.5 M 30 30 golden rain tree T 0.5 M 30 30 crape myrtle T 0.5 M 25 20 glossy privet T 0.5 M 35 30 sweet gum T 0.5 M 50 20 tulip tree T 0.5 M 50 30 southem magnolia T 0.5 M 60 30 saucer magnolia T 0.5 M 20 20 star magnolia T 0.5 M 10 20 crabapple T 0.5 M 20 20 mayten tree T 0.5 M 30 20 melaleuca T 0.5 M 30 20 Canary Island pine T 0.5 M 60 20 Torrey pine T 0.5 M 40 30 Chinese pistache T 0.5 M 40 40 London plane T 0.5 M 50 30 California sycamore T 0.5 M 60 40 fern pine T 0.5 M 40 40 long leaf yellow wood T 0.5 M 40 20 yew pine T 0.5 M 40 40 westem poplar T 0.5 M 50 40 Lombardy poplar T 0.5 M 50 15 Carolina laurel cherry T 0.5 M 35 20 flowering cherry T 0.5 M 25 25 flowering plum T 0.5 M 25 25 pomegranate T 0.5 M 20 20 Callery pear T 0.5 M 40 20 evergreen pear T 0.5 M 40 40 valley oak T 0.5 M 60 50 X southem live oak T 0.5 M 50 50 Chinese tallow tree T 0.5 M 35 35 tipu tree T 0.5 M 30 30 windmill palm T 0.5 M 30 10 little leaf myrtle T 0.5 M 15 8 Chinese evergreen elm T 0.5 M 40 40 chaste tree T 0.5 M 20 20 white alder T 0.8 H 40 20 Surface roots European white birch T 0.8 H 30 15 willow T 0.8 H 20 20 Invasive roots pipestem clemaltis V 0.2 L 1 10 Japanese honeysuckle V 0.2 L 1 10 Hall's honeysuckle V 0.2 L 1 10 cat's claw V 0.2 L 1 10 California wild grape V 0.2 L 1 10 X creeping fig V 0.5 M 6 6 evergreen clemeltis V 0.5 M 15 5 violet trumpet vine V 0.5 M 15 5 blood red trumpet vine V 0.5 M 20 5 royal trumpet vine V 0.5 M 20 5 trumpet honeysuckle V 0.5 M 20 5 Boston ivy V 0.5 M 15 15 lady Banks rose V 0.5 M 15 15 climbing rose V 0.5 M 10 15 cup of gold vine V 0.5 M 10 10 potato vine V 0.5 M 10 10 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Common name Type Kc Kc Feet Feet Native Comments wisteria V 0.5 M deciduous clematis V 0.8 H Botanical name Wisteria spp. Clematis hybrids LEGEND GC, Ground cover P, Perennial S, Shrub T, Tree V, Vine C, Cool Season Grass W, Warm Season Grass Mowable Turf Grasses Cool Season Grasses, 80% of Eto Botanical name Agrostis palustris Poa pratensis Festuca rubra Festuca arundinacea Festuca arundinacea Lolium perenne Warm Season Grasses, 60% of Eto Botanical name Cynodon dactylon Cynodon species Buchloe dactyloides Zoysia japonica Stenotaphrum secundatum Pennisetum clandestinum Kc, Crop Coefficient Established by WUCOLS* Kc 0.1, Very Low water use Kc 0.2, Low water use Kc 0.5, Medium water use Kc 0.8, High water use, (Not recommended) *California Department of Water Resources WUCOLS III, August, 2000. Common name Creeping Bentgrass Kentucky Bluegrass Red Fescue Tall Fescue Tall Fescue, Dwarf Varieties Perennial Ryegrass Common name Common Bermudagrass Hybrid Bermudagrass Buffalograss Zoysia St. Augustine Kukuyugrass Type Kc Kc C H 0.8 C H 0.8 C H 0.8 C H 0.8 C H 0.8 C H 0.8 Type Kc Kc W M 0.5 W M 0.5 W M 0.5 W M 0.5 W M 0.5 W M 0.5 20 20 15 5 Turf Varieties Penncross, A -4 Rugby, Cobalt Dawson Marathon Bonsai, Matador Saturn, Manhattan Comments Biu -Rye Mix Blu -Rye Mix Turf Varieties Comments Safari, Sultan Santa Ana, TifDwarf, Tifway Texoka, Cody De Anza, El Toro Sod Only AZ1, Whittet DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: CEQA: RECOMMENDATION: BACKGROUND SUMMARY ANALYSIS STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION November 4, 2009 Dale West, Case Planner City of Temecula Long Range Planning Project Number LR09 -0020, an Ordinance that allows for the planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects within the City of Temecula. Categorically Exempt Section 15308, Class 8 Actions by Regulatory Agencies for Protection of the Environment Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code that would replace Chapter 17.32 entitled Water Efficient Landscape Design with a new Chapter 17.32 of the same name. The City first adopted a Water Efficient Design Landscape Ordinance in May of 1994, which established water efficient landscape standards for the City and thus incorporated them into Title 17 of the City of Temecula Municipal Code. Since the original adoption of this Ordinance, the City has grown substantially resulting in an increased demand for water. In July 2008, the City updated its Water Efficient Landscape Design Ordinance to respond to anticipated cutbacks of water delivery from the Sacramento Delta, and severe drought conditions in the western United States. Since July 2008, drought conditions continue and water purveyors have increased their water conservation efforts through more stringent irrigation policies and tiered rate structures. In addition to the above mentioned events, the State has adopted their Model Water Efficient Landscape Ordinance, and requires Cities and Counties to adopt the State's Model Ordinance or an equally effective Ordinance by July 1, 2010. Staff has analyzed both the County of Riverside Water Efficient Landscape Requirements Ordinance and the State's Model Water Efficient Landscape Ordinance and has incorporated appropriate changes resulting in the City's Ordinance being consistent with both the County and State Ordinance. The City of Temecula's updated Water Efficient Landscape Design Ordinance promotes water efficient landscaping through the appropriate use of irrigation technology and management, and prescribes reasonable standards, restrictions, and requirements concerning water use in the landscaped areas. The new standards will apply to all discretionary permits and /or approvals 1 for residential, multifamily, commercial, mixed -use, industrial, and public institutional uses, except for grading permits relating to said discretionary permits. Staff is proposing changes throughout Chapter 17.32 of the City of Temecula Municipal Code; however, the majority of the changes only add clarification to the Ordinance, or are technical in nature to ensure compliance and consistency with the State Model Ordinance. As a result, staff is recommending Chapter 17.32 be replaced in its entirety with the proposed Water Efficient Landscape Design Ordinance. A strikeout version has not been provided as part of this staff report; however, a strikeout version can be made available upon request. The following significant changes have been made to the Water Efficient Landscape Design Ordinance: Applies to all new construction landscapes, which are homeowner provided and /or homeowner -hired single family projects with a total landscape area equal to or greater than 5,000 square feet; Applies to all other new or rehabilitated construction landscapes with a landscape area equal to or grater than 2,500 square feet. The maximum water demand of new construction landscapes has changed from 80 percent of ETo to 70 percent of ETo. All new landscapes are subject to an irrigation audit performed by a certified irrigation audit inspector in accordance with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual. Decorative water features are to be included in the high water use hydrozone area of the water budget calculation, and are required to use recycled water where available. Overhead irrigation is not to be permitted within 24 inches of any non permeable surface, unless the landscaped area is adjacent to a permeable surface and no overspray or run -off occurs. Water purveyors will enforce landscape water use efficiency requirements and indentify programs that enhance and encourage landscape water use efficiency such as: o Tiered water rate structure; o Allocation -based conservation water pricing structure; o A rate structure at least as effective as the above options; o Irrigation audits and /or irrigation surveys; or o Penalties for water waste. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 13, 2009. 2 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. A Notice of Exemption will be adopted in compliance with CEQA; Section 15308, Class 8 Actions by a Regulatory Agencies for Protection of the Environment. The proposed Code amendment improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. FINDINGS No findings of the Planning Commission or City Council are required for recommending approval of, or approving the proposed Municipal Code amendment ATTACHMENTS PC Resolution Exhibit A CC Ordinance Notice of Public Hearing 3 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 08, 2009 SUBJECT: AB 1600 Financial Reports PREPARED BY: Pascale Brown, Accounting Manager Approvals City Attorney Director of Finance City Manager Sief Paz, 42, RECOMMENDATION: That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2009. BACKGROUND: Government Code Sections 66006 requires that an accounting of the developer impact fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the developer impact fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the developer impact fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are all programmed to be spent in accordance with the 2010- 2014 Capital Improvement Program adopted June 09, 2009, by the City Council. ATTACHMENTS: AB 1600 Financial Reports Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 210.165.738. Pedestrian Bicycle Bridge 210.190.142. Multi Trails Systems Citywide 168,164 9,584 95.00% 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 532,436 177,748 Expenditures Other Uses: 532,436 Capital Projects Transfers Out Total Uses 532,436 Total Available 681,566 (354,688) 326,878 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee 210.165.738. Pedestrian Bicycle Bridge 210.190.142. Multi Trails Systems Citywide 70,000 462,436 95.00% 100.00% 23.26% 44.78% Total 532,436 City of Temecula Attachment No. 1 OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation FY 2008 -09 The impact fees for Open Space Land Acquisitions are based on the cost of and needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $590.15 per residential attached unit (condominium, apartment, townhouse, and duplex), and $823.74 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 N/A 14,575 134,555 177,748 326,878 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 210.165.602. Murrieta Creek 210.165.638. Winchester Road Beautification 210.165.743. Main Street Bridge 1,570,498 55,231 90.00% 99.00% 92.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 651,625 1,625,729 Expenditures Other Uses: 651,625 Capital Projects Transfers Out Total Uses 651,625 Total Available 1,176,767 974,104 2,150,871 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee 210.165.602. Murrieta Creek 210.165.638. Winchester Road Beautification 210.165.743. Main Street Bridge 33,474 27,151 591,000 90.00% 99.00% 92.00% 6.07% 8.40% 67.76% Total 651,625 City of Temecula Attachment No. 2 STREET IMPROVEMENTS Government Code 66000 Calculation FY 2008 -09 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,198.64 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,712.35 per residential detached unit (single family), and $2.35 -$6.55 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008 /09 Total Ending Fund Balance June 30, 2009 N/A 525,142 1,625, 729 2,150,871 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 210.165.669. Signals Butterfield Welton 224,308 30,274 90.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 20,000 254,582 100.00% Expenditures Other Uses: 231,872 489,031 100.00% Capital Projects Transfers Out Total Uses 10.00% 489,031 Total 489,031 Total Available 988,807 (234,449) 754,358 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee 210.165.669. Signals Butterfield Welton 227,659 90.00% 100.00% 210.165.670 Flashing Beacons Citywide 20,000 100.00% 100.00% 210.165.672 Signals Meadows McCabe 231,872 90.00% 100.00% 210.165.712 Traffic Signals Interconnect Citywide 9,500 10.00% 100.00% Total 489,031 City of Temecula Attachment No. 3 TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation FY 2008 -09 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $169.67 per residential attached unit (condominium, apartment, townhouse, and duplex), and $242.39 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 N/A N/A 190,132 309,644 254,582 754,358 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 210.190.137.5800 Roller Hockey Rink 574,880 7,480 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 20,000 582,360 100.00% Expenditures Other Uses: 62,000 324,134 100.00% Capital Projects Transfers Out Total Uses 324,134 Total Available 97,418 258,226 355,644 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee 210.190.137.5800 Roller Hockey Rink 242,134 100.00% 100.00% 210.190.189.5800 Veteran's Memorial 20,000 100.00% 100.00% 210.190.675.5800 Temecula Children's Museum 62,000 50.00% 100.00% Total 324,134 City of Temecula Attachment No. 4 PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation FY 2008 -09 The fee is collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,024.69 per residential attached unit (condominium, apartment, townhouse, and duplex), and $2,826.12 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005 /06 Revenues Collected from FY2006 /07 Revenues Collected from FY2007 /08 Revenues Collected from FY2008 /09 Total Ending Fund Balance June 30, 2009 N/A N/A N/A N/A 355,644 355,644 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 211,082 7,093 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 218,175 Expenditures Other Uses: Capital Projects Transfers Out Total Uses Total Available 100,213 218,175 318,388 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee Total City of Temecula Attachment No. 5 CORPORATE FACILITIES Government Code 66000 Calculation FY 2008 -09 Fees are collected for City administrative and maintenance facilities. The need for future City Hall space is due to the demand of services housed in City Hall. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $249.10 per residential attached unit (condominium, apartment, townhouse, and duplex), $464.57 per residential detached unit (single family), and $.16 -$.45 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006 /07 Revenues Collected from FY2007 /08 Revenues Collected from FY2008 /09 Total Ending Fund Balance June 30, 2009 N/A N/A N/A 100,213 218,175 318,388 Result Five year spent test met in accordance with Government Code 66001. Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 132,349 3,753 Developer Fees Interest Income Contributions from Property Owners Total Sources 136,102 Expenditures Other Uses: Capital Projects Transfers Out Total Uses Total Available 34,844 136,102 170,946 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded VUth Fee Total City of Temecula Attachment No. 6 FIRE PROTECTION FACILITIES Government Code 66000 Calculation FY 2008 -09 Fees are collected to provide future fire protection facilities and apparatus. The fee is $272.72 per residential attached unit (condominium, apartment, townhouse, and duplex), $587.70 per residential detached unit (single family), and $.11 -$.16 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 34,844 136,102 170,946 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: Library 210- 199 -129 196,547 3,000 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 38,574 199,547 Expenditures Other Uses: 38,574 Capital Projects Transfers Out Total Uses 38,574 Total Available 160,973 160,973 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee Library 210- 199 -129 38,574 100.00% 3.01% Total 38,574 City of Temecula Attachment No. 7- LIBRARY Government Code 66000 Calculation FY 2008 -09 Fees are collected to provide future facilities and materials. Because these fees are population- driven, they apply only to residential development. The fee is $539.27 per residential attached unit (condominium, apartment, townhouse, and duplex), and $752.73 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 N/A N/A N/A N/A 160,973 160,973 Result Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee 158,029 4,353 Developer Fees Interest Income Contributions from Property Owners Transfers I n Total 162,382 Account Description Fund Balance FY 2008 -09 Fund Balance Revenues Other Sources: 158,029 4,353 Developer Fees Interest Income Contributions from Property Owners Transfers I n Total Sources 162,382 Expenditures Other Uses: Capital Projects Transfers Out Total Uses Total Available 29,135 162,382 191,517 City of Temecula Attachment No. 8 PUBLIC ART Government Code 66000 Calculation FY 2008 -09 Fees are collected to enhance the quality of life for City residents, workers, and visitors by providing for the acquisition, placement, and maintenance of public art work. The fees are equal to 10% of 1% of the building value in excess of $100,000, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 NIA N/A N/A 29,135 162,382 191,517 Result Five year spent test met in accordance with Government Code 66001 Account Description Beginning Fund Balance FY 2008 -09 Ending Fund Balance Revenues Other Sources: 152,481 7,068 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources 159,549 Expenditures Other Uses: Capital Projects Transfers Out Total Uses Total Available 137,313 159,549 296,862 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2008 -09 Complete Funded With Fee Total City of Temecula Attachment No. 9 POLICE FACILITIES Government Code 66000 Calculation FY 2008 -09 Fees are collected to provide future space for police facilities and equipment. The fee is $437.80 per residential attached unit (condominium, apartment, townhouse, and duplex), $247.46 per residential detached unit (single family), and $.06 -$.25 per quare foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance Previous Years Revenues Revenues Collected from FY2005/06 Revenues Collected from FY2006/07 Revenues Collected from FY2007/08 Revenues Collected from FY2008/09 Total Ending Fund Balance June 30, 2009 NIA N/A 73,768 63,545 159,549 296,862 Result Five year spent test met in accordance with Government Code 66001 1 COUNCIL BUSINESS FISCAL IMPACT: None Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 8, 2009 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2010 RECOMMENDATION: That the City Council: 1. Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2010, to the end of Calendar Year 2010; 2. Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2010, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2010. BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor Pro Tem annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2010. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: December 8, 2009 Approvals City Attorney Director of Finance City Manager SUBJECT: Appoint Southwest Cities Coalition Subcommittee (at the request of Mayor Edwards and Mayor Pro Tem Comerchero) RECOMMENDATION: That the City Council appoint two members to the Southwest Cities Coalition Subcommittee. BACKGROUND: In mid November, six southwest Riverside County cities met to discuss the organization and formal advocacy for regional interests. The Southwest Cities Coalition is a new group that has recently come together to discuss common issues related to cities in Southwest Riverside County. It was requested at the initial meeting that the City Managers from each city (Canyon Lake, Menifee, Lake Elsinore, Wildomar, Temecula and Murrieta) get together and recommend a structure for the group, major goals and representation. On November 23r the City Managers from the Southwest Cities Coalition met to discuss the framework of the organization. It is recommended that two City Council members be appointed to the coalition as well as the City Manager from each City. It is proposed that the group meet quarterly, beginning in January 2010, with the location rotating among the different cities. Topics that may be discussed include medical care, higher education, economic development, transportation, legislation, public safety, resource sharing among agencies and water issues (e.g., conservation, stormwater runoff). All quarterly Southwest Cities Coalition meetings will be noticed appropriately by the hosting agency in accordance with the Brown Act. FISCAL IMPACT: None at this time ATTACHMENTS: None 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: December 08, 2009 SUBJECT: Approval of the fiscal year 2010 -11 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Declaration of Intention to Amend the Annual Assessment and Levy an Assessment against Lodging Businesses within the TVTBID for fiscal year 2010 -11 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2010 -11 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 2. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2% TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010 -11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF BACKGROUND: In December of 2005, the City Council took the necessary actions and adopted Ordinance No. 05 -17 to form a Temecula Valley Tourism Business Improvement District (TVTBID) to promote tourism in the Temecula Valley at the request of all the lodging businesses within the City. Thereafter, the City Council was authorized to undertake proceedings to annually levy assessments against lodging businesses within the TVTBID pursuant to the Parking and Business Improvement Area Law of 1989. The current rate of the approved assessment is 2% of the room rental rate. On October 15, 2009, the Economic Development Subcommittee met with the Temecula Valley Convention and Visitor's Bureau CONVIS) for the purpose of recommending an increase of the TVTBID assessment rate from 2% to 4 as unanimously requested by the hotel owners, in an effort to enhance the marketing of the Temecula Valley as a destination getaway. The Subcommittee Members were in support of bringing forward to the City Council a recommendation to consider the increase and authorize staff to proceed with the procedures necessary to implement the increase. On November 24, 2009, the City Council authorized staff to proceed with the preparation of a Resolution of Intention to increase the Assessment rate on all lodging businesses within the Temecula Valley Tourism Business Improvement District from 2% to 4% of the rent charged by the operator per occupied room per night. In addition, the City Council authorized the preparation of a Resolution to approve the Annual Report of the Temecula Valley Convention and Visitor's Bureau for Fiscal Year 2009 -2010. Should the City Council approve the attached resolutions approving the Annual Report and authorizing the assessment increase, staff will prepare a final resolution confirming the assessments for fiscal year 2010 -2011 to be brought forward at the scheduled public hearing on January 12, 2010. The first reading and introduction of the Ordinance (attached) amending Temecula Municipal Code Section 3.40.030.B increasing the assessment from 2% to 4% will also be heard at that time. At the public hearing, testimony may be heard and protests may be made by any person with an interest in the proposed levy. After the Public Hearing, and in the absence of a majority protest, staff will proceed to levy the assessment for the fiscal year 2010 -11 (March 1, 2010 through February 28, 2011) as authorized by City Council. FISCAL IMPACT: It is anticipated that the 4% annual assessment would result in the collection of approximately $1,168,400 in fiscal year 2010 -11 which would be used by the CONVIS for the promotion of tourism. The City would receive up to 2% of the assessments, or approximately $23,368, to offset administrative costs. ATTACHMENTS: Resolution No. 09- Resolution No. 09- Temecula Valley Convention Visitors Bureau 2009 -2010 Annual Report Budget and Marketing Plan Temecula Valley Convention Visitors Bureau 2010 -2011 Annual Report Budget and Marketing Plan Ordinance No. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2010 -11 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law authorizes the City Council of the City of Temecula (the "City Council to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City B. Pursuant to the Law, the City Council adopted Ordinance No. 05 -16 on December 13, 2005, Chapter 3.40 of the Temecula Municipal Code, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID C. The Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. D. By Resolution No. 05 -121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board E. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for fiscal year 2010 -11 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2010 -11 Annual Marketing Plan Budget and Marketing Plan" (the "Report and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 2. The City Council has examined and reviewed the Report, and such report is hereby preliminarily approved as filed. Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of December, 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 8th day of December, 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 INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2% TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 20010 -11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law authorizes the City Council of the City of Temecula (the "City Council to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City B. Pursuant to the Law, the City Council adopted Ordinance No. 05 -16 on December 13, 2005, Chapter 3.40 of the Temecula Municipal Code, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID C. The Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. D. By Resolution No. 05 -121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board E. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for fiscal year 2010 -11 in connection with the proposed levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2010 -11 Annual Marketing Plan Budget and Marketing Plan" (the "Report and, by previous resolution, the City Council preliminarily approved the Report as filed. Section 2. The boundaries of the TVTBID are the boundaries of the City, and include all lodging businesses therein. Section 3. The City Council hereby declares its intention to amend Temecula Municipal Code Section 3.40.030.B. to increase the annual assessment from two percent (2 to four percent (4 against all lodging businesses within the TVTBID, existing and future, to pay for all the activities to be provided within the TVTBID. Section 4. The City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against lodging businesses within the TVTBID boundaries pursuant to the Law for fiscal year 2010 -11 (March 1, 2010 to February 28, 2011). Such assessment is proposed to increase from 2% to 4% from the assessment levied and collected in the TVTBID for fiscal year 2010 -11. The proposed fiscal year 2010 -11 TVTBID assessment is to be levied on all lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.040, within the TVTBID boundaries based upon four percent (4 of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the levy of the assessment. The assessments will not be included in gross room rental revenue for the purpose of determining the amount of the Transient Occupancy Tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. New lodging businesses established within the boundaries of the TVTBID after the beginning of the 2010 -11 fiscal year will not be exempt from the levy of the fiscal year 2007 -08 assessment. The assessment shall be collected in monthly installments as set forth in Chapter 3.40 of the Temecula Municipal Code. Section 5. In the event the City Council does not amend Temecula Municipal Code Section 3.40.030.B. to increase the annual assessment from two percent (2 to four percent (4 against all lodging businesses within the TVTBID, the City Council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against lodging businesses within the TVTBID boundaries pursuant to the Law for fiscal year 2010 -11 (March 1, 2010 to February 28, 2011). Such assessment would not increase from the assessment levied and collected in the TVTBID for fiscal year 2009 -10. Under these circumstances, the proposed fiscal year 2010 -11 TVTBID assessment would be levied on all lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.040, within the TVTBID boundaries based upon two percent (2 of the rent charged by the operator per occupied room per night. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons, as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the levy of the assessment. The assessments will not be included in gross room rental revenue for the purpose of determining the amount of the Transient Occupancy Tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. New lodging businesses established within the boundaries of the TVTBID after the beginning of the 2010 -11 fiscal year will not be exempt from the levy of the fiscal year 2010 -11 assessment. The assessment shall be collected in monthly installments as set forth in Chapter 3.40 of the Municipal Code. Section 6. The revenues raised from the levy and collection of the assessment shall be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination that benefits lodging businesses located and operating within the boundaries of the TVTBID as provided for in Chapter 3.40 of the Municipal Code, and shall not be used for any other purposes. The City shall retain two percent (2 of the collected revenues to pay for collecting the assessments and administering the TVTBID. Section 7. The City Council hereby fixes the time and place for a public hearing on the proposed levy of the fiscal year 2010 -11 assessment against lodging businesses within the TVTBID as follows: Section 8. General Matters. Time: 7:00 p.m. Date: January 12, 2010 Place: City of Temecula City Council Chambers 43200 Business Park Drive Temecula, California. A. At the public hearing the testimony of all interested persons regarding the amendment of the assessment and the levy of the assessment within the TVTBID for fiscal year 2010 -11 will be heard. A protest may be made orally or in writing at the public hearing. B. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. C. Every written protest must be filed with the City Clerk at or before the close of the public hearing. Written protests may be delivered or mailed to the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. D. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. E. Each written protest must contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. If the owner of the business is a corporation, LLC, partnership or other legal entity, the authorized representative for the entity shall be authorized to sign the protest. Section 9. If at the conclusion of the public hearing, there are of record, written protests (submitted and not withdrawn) by the owners of the businesses within the TVTBID that will pay fifty percent (50 or more of the total assessments of the entire TVTBID, no further proceedings to levy the proposed fiscal year 2010 -11 assessment, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority of written protests is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TVTBID. Section 10. Further information regarding the TVTBID may be obtained from the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California, 92590. For a full and detailed description of the boundaries of the TVTBID, the activities to be provided for fiscal year 2010 -11 and the proposed fiscal year 2010 -11 assessment, reference is hereby made to the Report of the Advisory Board. The Report is on file in the office of the City Clerk and open to public inspection. Section 11. The City Clerk is instructed to provide notice of the public hearing by publishing this Resolution in a newspaper of general circulation in the City, at least and mailing this Resolution to all lodging businesses within the TVTBID ten (10) calendar days before the hearing. Section 12. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of December, 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 8th day of December, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 2009 2010 annual repor budget and marketing plan. Accounting Fees 5% Public Relations 3% Tradeshows 4% Sales Publications 4% Merchandise Sales 1% Public Relations 4% 2009 -2010 Fiscal Year Budget FAM Tours 1% Trade shows 3% Membership Dues 1% Tourism Improvement District Private Contributions City of Temecula Website Advertising Sales Publications Membership Merchandise Sales Total Website/ Media 4% 'Includes forecasted budget amounts f *'Includes forecasted budget amounts Website Advertising 1% TID Funding Distribution Budget One,atlans Penan,M CotIM flint Levd. ftaes, ondfeesaMlnwmaWahMwg sweeten) 2009 -2010 Funding Source Total Marketing 63 Website/ •T otal reflects a 17% decrease in no Funds Media 2% 509,390 100,000 108,000 24,000 16,410 6,000 12 000 775,800 754,287 or Septernber 09 '10. for November '09 '10. Actual 493,864* 100,000 108,000 10,965 30,187 4,650 6621 Marketing Highlights (Fiscal year March 7 October37 2009)* Implemented a comprehensive Marketing and Advertising Me- dia Buy Plan with over $242 500 strategically resourced in the following media outlets: Magazine Sunset Magazine, Inland Empire Magazine, Wine Enthusiast, Tour and Tasting, Westways, Ana heim /Orange County Visitors Guide, San Diego North Visitor Guide, Access Temecula, Meetings West Newspapers— Valley Business Journal Online —CTTC, Trip Advisor, Facebook, Twitter Meetings Segment —Smart Meetings, Meetings News, Association News, HSMAI, San Diego North Meeting Planners Signature Local Event Marketing— Spring Fall Rod Runs, TV Balloon Wine Festival, TV Intl Jazz Festival, TV Intl Film Music Festival, Temecula 150 Celebration, Western Days, Pechanga Micro Brew Festival Trade Show Marketing— Leisure, Meetings, Corporate, Media, Association, Concierge, Religious, Wedding Outdoor— Fashion Valley Mall Banners, Promenade Mall Banners, Three (3) Digital Billboards on I -97/1 -215 freeways Sales Highlights Processed 45 Sales and Catering Leads for a total of 6,099 potential room night opportunities. Initiated monthly Lodging Owners/ General Managers meetings to iden- tify priority sales and marketing op- portunities in all markets and for all seasons Conducted 21 Site Tours and FAM Tours to meeting plan- ners, Tour Op- erators, Media (domestic international) and Film Scouts to promote Te- mecula Valley as a year round, premier, tourism destination. 2009 -2070 Fiscal Year Trade Show Activity Mar '09 Apr '69 Apr '09 Apr '09 Jun '09 Jun '09 Jul '09 Oct '09 Oct '09 Dec '09 Jan '10 Feb' 10 Feb '10 Feb '10 MPI SCC, Los Angeles, CA CA Meetings Marketplace, San Diego, CA MPI Educational Conference, Orange, CA CTTC Los Angeles Media Event, Los Angeles, CA HSMAI Affordable Meetings West, San Jose, CA San Diego /Orange County Concierge Shows MPI World Education Conference, Salt Lake City, UT TVCC Business Expo, Temecula, CA Solar Power Intl Trade show, Anaheim, CA CalSAE Seasonal Spectacular, Sacramento, CA Bay Area Travel Show, Santa Clara, CA LA Times Travel Show, Los Angeles, CA Religious Conf. Management Assn., Ft. Worth, TX Bridal Show, San Diego, CA Attended 14 mar ket- diverse Trade Shows offering outstanding op- portunities to pro- mote and market the Temecula Val- ley to tens of thou- sands of meeting planners, leisure travelers, travel professionals, me- dia and journalists. Corporate Corporate Corporate Media Corporate Concierge Corporate Leisure Corporate Association Leisure Leisure Religious Wedding Generated 13 tourism related Press Releases to stimulate interest and visitation to the Temecula Valley. Launched n br we with enhanced interactive fea- tures and a Contact Resource Management component for local, regional, domestic and international brand positioning. Facilitated more than 39,000 visitor related inquiries through phone -in, walk -in, email and website sources. G enerated 45 e- blasts to visi- tors, meeting planners, media and tourism industry represen- tatives. Generated over $26,000 in accommodation revenue and attraction tickets through our web site online bookin engine. Created a postcard mailer that includes a mini CD of the new, updated destination CD. 1,000 postcards will be sent to meet- ing planners and tour operators (from all markets), promoting top -of -mind aware- ness and ing them Among yards." encourag- to "Meet he Vine- Produced the '09 '10 Temecula Valle Visitor Guide. 60,000 guides distributed to visitor inquiries, meeting planners, media, local hotels, motels, trade show participants, special event attendees and community businesses. Produced new cit Rack Bro- chure with new brand elements. 175,000 maps distributed through Certified Folder Rack Service. Generated over $2.1 million in in -kind press editorials and publications. Initiated 5 Market Specific Programs to promote local events and 2 Coupon Programs to encourage visitation. Produced new destination CD and DVD implementing new brand and updated information. Sent targeted E- blasts to over 9,000 Meeting Planner emails, promoting the Temecula Val- ley as a unique meeting and event destina- tion, including two (2) "ca I I-to- action" surveys. HE PAPER THAT IS PRIN6IN6 Best Western Country Inn Embassy Suites Hotel Extended Stay America Fairfield Inn Suites Hampton Inn Suites Holiday Inn Express La Quinta Inn Suites Mote! 6 Pechanga Resort Casino Historic Palomar Inn Quality Inn Wine Country Ramada Inn Rancho California Inn Rodeway Inn Springhill Suites Temecula Creek Inn Lodging Reservations: 7.800- 559-2507 www.temeculacvb.com CVe- NeigunorsAd(Print). pdf 1 10/16/09 11r39 AN 4 4 Y SOUTHERN CALIFORNIA WINE COUNTRY 4 OUTDOOR RESORTS OF AMERICA, INC. Come Check Out Southern California and k nioy Quiet, S_ erene Luxurx Living in the Country RANCHO (ALIFOR\1A R.y I E S (l IL'IT www.outdoor-resorts.com email: orrancho @gte.net 951- 767-0848 fax: 951- 767 -0280 888= 767 -0848 PO Box 67 45525 Highway 79 South Aguanga, California 92536 WTTCER.y GAL LER5 Delicious Spanish-styled wipe an eclectic art all v and prerniu ei pars at our Herni ngtea s Wine and Cigar 34567 Rancho California Rd., Temecula, C 92591 951.699.6961 wn'ww.lacerezavrincry.com A a n ��Z.LYTC CC- M1ru.. trnruava:n: a seeend ivivw.mr.urlCnardewIneT) clt n 5 T -7 i tea WE SMOG CARS TRUCKS VANS RV "S SUV "s GROSS POLLUTERS CHANGE OF OWNERSI -I CaHH Now: (9511506-6400 P EST" -0 NI V in yo r Own Backyard XJ Ortu Mexican lima Cane Tahpi.:a in_ me::d f.•:Yr PQ%ti 2 :Ayt s of Thatch S Pal Pal:. •.rts Arailatio C". Pol. F,ra `,urtlaa; ■a1 la rin:rIDCa 'A lYaridi. Mobile RV Service "Sfiec aeireag da Pieuerscteue %lac eteaanee" WE:COmiE TO YOU! 951.677.7846 MIKE KATRY CHAVEZ FAX 951 477 -7308 emai: wwre @verizo(UHeI Jack And: Ott-45-6565 Nerry2Bral.ii Furniture BBDs Oder edl sets Oq[r play Over 2(10 Different Sek h Star., 27452 Jefferson Temecula 951 -506 -1903 t trn? Hi;ry- ID. Pahl Doe 6 760 -563 9 748 play among the vineyarch) Discover the hidden treasures of Temecula Valley Southern California Wine Country during your stay among the vineyards. Page 5 THE VALLEY B] GNESS JOURNAL VOLUME 21, NUMBER 11 fhi Money Don'tJust l oink About Retirement -Plan Far It i„13 by Adair) e.b -r; ernr,:.ny Payc9 Ther.:nV Health i'ity- approscd 5.511- ;pillion Ldwrmbm l'e'is! in Saud: Ron side C 1'lle company bird! iud eat its li acresilo today. w id] lhce:::pecnti.n that lilt i'I ailct i l l he ads LI by the Npriug of 20i Die p1 Lr: III from the 215 h:m.ilinu ioa d to the 15 and a re,idenls in liivereidc. Orange and San Diego Counties. "We very excited to have come this fur. according TO AG Kading company President. "With ums0uc lion underway. we can begin to work with different Tm riniHirIng n¢ Universities and COnrnillnity Colleges to plan out their space requirements and begin the work of creating this Education Center which will better the lives of so many people in the area." Legal Serving Southwest 9`Ir'': Riverside County Education Center Breaks Ground Isom, I111 en111 11 gNUml n AIlI rl c Je ilt n _akin City Lobbies California Delegation over New Hospital Rh a arc ial vote. in dm health care r01i1.11 detr.ila expected Ibis week in W'iishingt m. D(', Ihr City ofMumela continues to monitor the Senaie Fin:ntro Com- Inince for actions that could afthci dr. new Loma 1 .iml:l 1 Medical Center Murriela 11.!.1'MC-M11rrleta). Currently, the proposed America's Rcahhy FutureAcr contains language than could piollibil m severely limir physician i Sind oprrare ined!cal Iilol!ines, inelud- in HIT e A' the yu. p 1 nldl t'a r. =J- III d e(I =aLR id• ia• rLrlorl II 1 h Irul.: 1 .uc.dus h, p!I,ml had+ per dim [wind Is considered on indietdor of ailequaie an. 1 lal:le cale In the Lnu-d Sieles th. ar ua a beds per thousand, inc in California the rate is 1.9 beds per thousand. Riverside County has 2,880 licensed beds a ratio of 1.47 per thousand. The southern region of the county has 611 licensed beds a ratio of 1.01 per thousand For this reason. a group of concerned physi- cians cans lerward with a proposal to improve medied aim 111 This distressed area These physi- cians e.led their own money. and partnered w ith Ihr 9 Id- icnowned Loma Linda -Uni- versir; Medical C'c:nler to bring :I IiilI service. acme r Ho .;pilal In this .eal t'1nslrieo n an III, a "i million faeilny!, undenvait :111,1 I.LI IN I i hl •la is scheduled to open III die. lirt quarter of '_JI1. The new state- nt-the -al 17. lnl -dng facili Iv 1,111 ptoudt the region with m,enucd n Irinenl in, uh:ami it tit r Jollsl I-:nypa k': thauman of the Bowl -t South,. n It Itl aer 1L. er Shall! Iresidev the 24! Maniac-into Communal C ll col Ilir 11 -man Kev JcBene. Dcn- ws Frank, Pra•derit ind \as 1,m.,IJL y Smith Pie:idcnt lh Alison Company of Newport Bowl). CA. ,rv:tamd ml pi r Enjoy the Holdiay Season in Temecula his hol.dey semen, stroll through Old row., "'aa nclla for an old- 1habioned festive Junasphere with spectacular Iii lea lining 01'1 'horn Front Strecl's historic buildings and ,)ores. Bring the whole family aid <:njoy same holiday fun; vial Saida, go ice skating, listen to carolers and catch a theatrical performance. Many Old Town merchants will stay open late throughout the holiday season so you can shop, dine :aid stroll into the evening. In Wino 1 'nunn'y, thousands of lights will Munn the vineyards and select wineries during the holiday sensor. fniov wino, hot co- coa. eider. hay rides and holiday music as you exnsmnce lieu -Itand the benefits okra:It Pnj.:1 a day ol'wine tasting and shopping at one e 11 1111! manyuniquc Wine Country boutiques or ti o! the flavors of Wine Country at an intimate continued on page 21 www .thevalleybusinessjournal.com November 2009 The Valle Business Journal among the vineyards. l rsdu Valley Soolbcrn Calif f nia Wine Country of{ ,arc blend s;AE of naarril spa e with plenty f amenit ies. activities, unique lodging Fara ;tick and creative meeting spare With assets such as Wmc Country. Resorts, ()Id l lown, Casino Gaming, Spas. Shopping, Hot Air Ballooning and Golf, we promise a rich new experience for your attendees. SOUTHERN CALIFORNIA WINE COUNTRY 24 Visit Support Our Local Tourism Partners eeaucon A :t. Winn lour by Magma: Adventures •.A Hanna:: Adventere by eziiarma Dreg A Grape Escape Balloon Adventure Artist Touch Studio The a F_ t nc I c: T- Valley A 'lance I mph.. or 1.: ec.la Valley B..' ,y, WEE: Gi Fry E p.. Barley 8 Hops Olde World Family Tavern Best Wester n Cou...t !en B .ck lie Produce nn Briar Reto Wk.. B., f.'n Will Wirt: Ca :way V mess d Captain% Cabin -.Carors Restaurant at Bally Winery Certified Folder Di Ivy S..rv:ces, Inc. Chick ll A. ram._..- ecul. C., :nary Cm, Creel- CJf Course •D &D Ballooning Delytes Fine Foods Catered Desn• i n f i c-recula DJ's Virtue :M Manage .n..; •Ei l f. t r Hote .:Country ,c nP Rental- Esquire Limousine Service Europa Village. LLC Executive VIP Shuttle Extended Stay America Fail field Inc &.Side..: Dikrur Wincry Farmers Market Manage- ment Inc. Foote Print Winery Frangipani Estate Winery Frankies Steak Seafood Gentry Studio G: risor. B•e ch•us Vintners. C -.,Paine Wn:, Gauntry Shuttle Hampton Inn Suites Harry's Pacific Grill Hearts Horne Farm Holiday Inn Express In TM Moment Media !nla.:d l-fa:s ::g; :avant Gan;;; Inn.. Charon Winery Keys Publishing Keyways Vineyard and Winery Kiliarneys Pub 8 Grill; Le Quinta Inn 8 Suites Lake Elsinore Storm Baseball Club Lake Oak Meadows Tearless. Cellars Loma Vista Bed Breakfast LoveTemacula.com Maurice Calrie Winery. Melody's Ad Works. Inc. Melting Pot Jimmy 8 Peg Moore. Mo:ei 6 Mount Palomar Winery Mt. San Jacinto College Murrieta Day Spa Musical Affair Entertainment Musician's Workshop Oak Mountain Wintry Oid Town Dining. LLC Olde Town Mercantile One of A Kind Jewelry The Orchard Pala Mesa Resort Palomar Inn Hotel Pechanga Resort Casino Peltrer Farms, Inc. Pont. Family Estate Winery Premier Marketing Proforma Grapevine Promotions Quality Inn Ramada Inn Rancho California Inn Redhawk Golf Club RKR Media Associates Robert Renton/ Vineyards Rodeway inn Santa Rosa Plateau Foundation SCGA Golf Course Skovron Design South Coast Winery Resort Spa Springhill Suites By Marriott Sterling Rose Transportation Stuart Cellars Vineyard 8 Winery Sweet Lumpy% BBQ -FS. Rancho Damacitas Temecula Carriage Co. Temecula Country Store Temecula Creek Inn Temecula Hills Winery Temecula Olive Oil Company Temecula Valley Balloon Wine Festival Temecula Valli yChamber of Commerce Temecula Valley Golf School. Temecula Valley Players Temecula Valley Transportation Temecula Valley Winegrowers Assn. Tesoro Win.ry The Edge Restaurant and Lounge Thornton Winery Timmy d. Prodstinai t: of Temecula Map Guide Travel By Cheryl• Tucalota Springs RV Park• University of Radler:1 w Valley Events Wahoos• West Coast Chauffeur and Transportslion•Wise. Center for Archaeology 8 Paleontology Wiens Family Cellars Wilson Creek Win ny \"yl.e Country Trails By Horaehack, Inc.- Wings Rotors Air Museum L Zuni,n 1 I (aIi1 u7 ;I ....Coronado i- avelS! nar t Holiday Tiav NOVEMBER/DECEMBER 2009 THE MAGAZINE FOR AUTO CLUB MEMBERS Temecula Valley Southern Ca ifornia Wine Country Cel ebrate the Season! This holiday season, stroll through OId Town Temecula for an old- fashioned festive atmosphere with spectacular lights lining OId Town Front Street's historic buildin and stores. Bring the whole famil and enjoy some holida fun; visit Santa, g o ice skating, listen to carolers and catch a theatrical performance. Man Old Town merchants will stay open late throughout the holida season so you can shop, dine and stroll into the evenin In Wine Country, thousands of li will illuminate the vineyards and select wineries durin the holiday season. Enjoy wine, hot cocoa, cider, hay rides and holida music as y ou experience first -hand the benefits of solar power. Enjoy a day of wine tasting and shopping at one of our many unique Wine Country bouti or savor the flavors of Wine Countr at an intimate holiday winemaker dinner. For that unique, one -of -a -kind gift, the possibilities are endless in Temecula Valley Southern California Wine Country. Choose from the quaint ambiance of Old Town, Wine Country gift shops. lots of unique shops and centers throughout the area as well as the newl expanded Promenade Temecula a re entertainment /retail destination. Put your holiday spirit in full swing with a relaxin round of golf or indulge in a relaxin spa treatment at one of our resorts. Tr y our luck at Pechan Resort and Casino or float hi above it all in a hot air balloon. Temecula Valley Southern California Wine Country will inspire new holiday traditions for y ou and y our famil this season! Book now at one of our fine Temecula Valle hotels listed below, visit www.temeculacvb.com. stay among the vineyards Best Western Embassy Suites Extended Stay Fairneld Inn Suites Hampton Inn Suites Historic Palomar Inn Holiday Inn Express La Quinta Inn Suites Motel 6 Peckanga Resort Casino Quality Inn' Ramada Inn Rancho California inn Rodeway Inn Springhill Suites by Marriott Temecula Creek Inn Temecula Valley Convention and Visitors Bureau 1 888.363.2852 I www.temeculacvb.com westways SOUTHERN CALIFORNIA WINE COUNTRY TEMECULA VALLEY INTERNATIONAL FILM AND MUSIC FESTIVAL .iapte bc./t 9 13, 2009 www.tviff.com 1 (951) 699 -5514 1 festival @tviff.com arruinr the vineyards Inc upr3wghilf Temecula Val ey Southern:. or 11/Vine (Jountry is elford e luxury dose Cur sunny and picturesque wine rep i will inspire you to explore our desi it has to offer Temecula Valley is a short drive from anywhere in Southern Calif nit rss than 60 miles north of San Diego and 90 miles southeast of Los Angeles. Day One Begin your day exploring the Temecula Valley from high above the rolling kills and vineyards with a rel=axing hot air balloon ride. Explore the m=any unexpected disc.ovedes in o growing Old town district. With history dating beck to the 1800, this charming escape of errs a fun way to experience the rr:any boutiques. heaters, and museums_ along its wooden boerdwe k Recharge with lunch at one of many Old Town restaurants. Play e round of golf et one o our championship courses. End your day with dinner at one of P i:ban, a Resort Casinos 14 dining o io :u d b e snow. 3 nt f ^,:roue, y at t .e rese va rious entertainment venues, Day Two Breakfast in wine country will energize you as you begin play at some of our award- winning wineries. Aker visiting two or hree wineries, experiencing lunch in wine country will rejuvenate you for your afternoon of play. Behind the scene tours and private. barrel tastincs offer additional unique experiences here in our casual locale. Complete your day dining al fresco in the vineyards as you watch the sun set over our Southern California sky Book now at one of the fine Temecula Valley kotels listed below, visit www.temeculacvb.com or call 888.363.2852. CENTENNIAL SPECIAL: Premier wood engraver Paul Landacre's work appeared on early Westways covers Members take Westways on vacation Day Trip: I Bon Appetit: Oak Glen I Restaurant reviews TravelSmart: Safe travel e among the vineyards Temecula Valley Convention and Visitors Bureau 1 888.363.2852 1 www.temeculacvo.com /westways c;{/ l6; 'did( SOUTHERN CAL: ORaita WINE COUNTRY Temecula V,I'e9 Southern California Win. Lou kr is af luxury close r> I Our sunn and picturesque wine region unl i n•wl y.:;11 n explore our aestiriatio Iccr all it has to off Temecula Valle is a short drive f rom anywhere in Southern Calitor a: less than 60 miles north o f San Diego and 90 miles SOLItiteast of Los Angeles. Day One be your day explorin the Temecula Valley from nigh above the rolling hills and vineyards with a relaxin hot air balloon ride. I apL re thu man unexpected discoveries in our growing Old Town district With histor dati back to the 1800s. this r t ir•I Irg scap= Of' s a fun wa to experience the many boutiques, theaters, and museums along its wooden boardwalk R- Ii 'Mich at or; er many Old Town restaurants. Pla romrld of golf at one of our championship courses. End youh-la V, k dinner at one of Pechanga F r,& Casinos 14 dining options, followed by a show at the resort's various antes ..ainment versus. Day Two Breakfast i wine countr w ill ancr t i i ,.s you begin pla at some 1 ni ;ri i•• AL n two or three :•nn _rws experiencing lunch in wine c,..•Iry wi!I rail ive nar for your after '0, of play. Bel i •I :re scene tours and private barrel tastings or additional uniqueexperiences e in our casual locale. mpI •te ri day dir.in Irescr u• the vineyards as you watch the se over our Southern California sk Book nowi at one of the fine Temecula Valley hotels listed below, visit www.temeculacyb.com or call 888.363.2852. PHYSICIANS IN SPECIALTIES PLUS 111111111"1111111111111 2.099 VO V111031A131 nvDans AW3 A214 ANNRcl 318e1V0 &034O] ThW3 19 63LT c Dp n s hip combi =cuI3 +ije, L E0 s... stay and pl: r nom. .i �...r. kri 1' IVt,�i' Illl'1 .3`] OUTHE.r. CM.! €'J w.oriam Resran.an on= required om. -41720 C-3II Ca YEW ei I n b CaII 951- 50es50C 33110 Rancho Califoriaiu' NA rn Ponte Family Estate Winery. ;arils yau i :.njn;;vine tesl.in::'ini::u, £C !.ac: Cars 951- 694 -8855 or c :sit ww v,pontewiner y.com. 35053 Rarehc Ca ne. nia Road, TeTect Ia, CA 92591. WHERE TO PLAY GOLF Discover the hidden treasures of Temecula. Valley Southern California Wine Coon'., y during your stay among the vineyards. Start your day at the Visitors Center in OId Town Temecula 42031 Main St. Open 7 days a week JT ibPt4 CALI 3. 4 WINE COUNTRY among the vineyards. .71ecuici.cvVii. C.iDti The Only Woman eliunea Winery in Southern California (951) 302 -7888 or 877 KEYWAYS www.KeywaysWine.com 37338 De Percale Rd.,Temecula, CA 92592 d:4 d] (hie, D OM 10 Read Temecu VINTNERS G;:en 2?ily 31 -6 Fri Sat 11-10 F.oncha Cui:bmia R.d. Temecula, CA 92593 PH:(951)5C6 -55SO •wn.,.mtircrnantewinery.co m nyspcce.com/ rnirumdrtewiney CALLA "Where the San at ik (AA,) 877 -I -LUV -GBH' tiwww.gershonbachus.con9 !Luxury wine wedding expert,' rice 31750 DI: PORTOLA TRAIL WINE COUNTRY y I 1< 5; summer among the vineyards. SC) .ERN C5t' ;OPNI4 WINE COUNTRY Experience the award- winning wineries of the De Portola Wine Trail. Nestled along a three -mile stretch of a picturesque country road on the Southern part of Temecula's Wine Country, you'll find nine unique and exciting wineries. Passing through Valle de los Caballos the Valley of the Horses, this road less traveled has nostalgic country charm. Do not be surprised if the winery owners themselves greet you at the door. Each winery offers their own individual wine tasting experience in an uncrowded environment, and with clown-home hospitalin,. p/ DISCOUNT Mention this ad and receive a 1O%DISCOUN1 on win. purrh.isrs 4 From the 151'wy. take ffwy79 Sou tlalkraccuix' v. get WINERIES: Keyways Robert Renzoni Oak Mountain Leonesse Filsinger Frangipani Cougar Gershon Baehus Massia De Yabar` •w ard Indio, left On :1nza Rd. and right on De Portola R.I. November 13, 2009 Honorable Mayor MaryAnn Edwards, Mayor Pro Tem Jeff Comerchero, Members of the City Council and City Staff City of Temecula 43200 Business Park Dr. Temecula, CA 92589 -9033 Dear Honorable Mayor MaryAnn Edwards: Thank you for your consideration and support. Sincere) Kimberly A President CEO cci V SOUTHERN CALIFORNIA WINE COUNTRY Temecula Valley Convention and Visitors Bureau Please find enclosed our support letter of signatures from the 15 lodging facilities under the Tourism Business Improvement District, supporting the increase of an additional 2% assessment for a total of 4 effective March 1, 2010. Additionally, we have enclosed, as requested, the 2009 -2010 Annual Report and 2010 -2011 Annual Marketing Plan, which was approved by the Advisory Board at our noticed meeting at City Hall on November 12, 2009. As we all know, 2010 will continue to be a challenging economic year. With the assurance of our current BID partners and strength of our local government, we are optimistic that the increase will leverage our ability to remain competitive and achieve our district goals. 26790 ynez ct suite b temecula ca 92591 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com WINE COUI‘ITRY.' vaNa *wt. 010 2on annual marketing pla budget and marketing plan 1 The Honorable Mayor Mary Ann Edwards, Mayor Pro Tem, Jeff Comerchero and Members of the City Council 43200 Business Park Drive P.O Box Temecula, CA 92589 -9033 Dear Honorable Mayor Edwards As the lodging businesses and current partners of the Temecula Valley Business Improvement District (TVBID), we support an additional 2% assessment fee that shall be added to our guest folios which will not exceed 4% effective March 1, 2010. We support the Temecula Valley Convention Visitors Bureau Sales and Marketing efforts to drive business to our destination through the TVBID districts plan. The funds raised shall be spent within the boundaries of the TVBID on the marketing and direct sales efforts to increase sales and market of the Temecula Valley area as a tourist and meeting destination. Please find below the signature of our support: Best Western Business Name: Embassy Suites Business Name: Extended Sta America Business Name: Fairfield Inn Suites Business Name: Hampton Inn Suites Business Name: aver w ture -Title "tcr �t,�.s2mc Signature -Title Signature 'itle Sign(ure -Title Signaturq'Title AA 446a_ crite-c-14 V SOUTHERN CALIFORNIA WINE COUNTRY Temecula Valley Convention and Visitors Bureau \E 10 Date: ;,j Date: Date: 26790 ynez ct suite b temecula ca 92591 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com BID Hotels Cont. Holiday Inn Express Business Name: La Quinta Inn Suites Business Name: Motel 6 -L See cOl-4-to1 -pct, Business Name: Palomar Inn Hotel Business Name: Qualit Inn Wine Count Business Name: Rancho California Inn Business Name: RodewayInn Business Name: Springhill Suites Business Name: Temecula Creek Inn Business Name: L Signature -Title �fy Signature -Title gnat -Title Q �M.z Signature -Title Signature -Ti e cj f Signature -Title nature -Title Date: 1 o7 Date: Date: ©y Date: I/ Jc D Date: 11 /0 tu 7 Date: II III /o9 Date: Ii 4 Da e: t I 4 /oe, D te: JR BID Hotels Cont. ...mac 1 Holiday Inn Express i Business Name: Signature-Title La Quinta Inn Suites /1h>7r•.1 I 7 Business Name: Sigture -Title Qualit Inn Wine Count Business Name: Ramada inn Business Name: .9 IM.n WOO. atu e a nftL 1 4 ?'a -rite Da q- o q Date: Motel 6 t a r Business Name: t tl Palomar Inn Hotel Business Name: Rancho California Inn Business Name: Rodewav lnn Business Name: Springhill Suites Business Name: Temecula Creek Inn Business Name: gnat erb -Title Signature -Title /41W 1 'gnature-Tde /C oOtA€l Signature -Title nature -Title Date: V 1)11/1 Date: (wv Date: P. Da e: !1. 10 to Date: Ir 1111°9 Date: fiV/07 Da e: l l'iJc D te: 2010 -2011 TID Budget Highlights Advertising- Marketing, Web, Media Advertising, PR, Print, Online, Media, TV, Radio (See attached forecasted plan) Dues Subscriptions Meeting Professionals International (MPI) National Tour Operators (NTA) California Society of Association Executives (CaISAE) Hospitality Sales Marketing Assn. International (HSMAI) Western Association of Convention Visitor Bureaus (WACVB) National Tour Association (NTA) CVB— Memberships, Palm Springs, Anaheim, SD FAM Tours /Site Visits Office Supplies Personnel Sales 3 Sales Positions, 1— Revenue Manager /Analyst- benefits included $226,000.00 Printing Direct mail, show materials, etc. 12,000.00 Professional Fees Legal, Accounting Fees, Hotel Star report 38,400.00 Promotional Items Sales PR marketing amenities /giveaways 15,000.00 Rent Office space, insurance, operating costs 44,000.00 Trade Show Participation Meeting /Group MPI Northern California Chapter San Francisco, CA January 20-21, 2010 1,500.00 MPI Southern California Chapter Los Angeles, CA March 2010 1,000.00 Successful Meetings Market Place Monterey, CA April 26 -28, 2010 3,600.00 HSMAI Affordable Meetings West Long Beach, CA June 16 -17, 2010 3,900.00 MPI World Education Conference Vancouver, BC July 24 -27, 2010 3,800.00 ASAE Los Angeles, CA Aug 21 -24, 2010 4,600.00 MPI Arizona Chapter Phoenix, AZ November 2010 1,800.00 CaISAE Seasonal Spectacular Sacramento, CA December 8, 2010 1,500.00 Religious Conference Management Assn. Tampa Bay, FL January 25 -28, 2011 3,400.00 Other Shows as needed 3,000.00 TOTAL Meeting /Group 28,100.00 Leisure Travel Shows Bay Area Travel Show LA Times Travel Show Arizona Travel Show Other Shows as needed TOTAL Leisure Group Travel/Tour Operator Shows NTA Annual Convention and other Group Travel Shows TOTAL Group Travel Total Shows Travel Entertainment Hotel, Airline, Booth Shipping SOUTHERN CALIFORNIA vv Temecula Valley Convention and Visitors Bureau Santa Clara, CA Los Angeles, CA Glendale, AZ WINE COUNTRY TOTAL FORECASTED TID BUGET PLAN `TID Budget Plan subject to changed based on monthly income. rzy January 2011 January 2011 February 2011 $582.677.00 5.003.00 24,500.00 6,800.00 3,000.00 2,500.00 2,800.00 3,000.00 11,300.00 9,100.00 9,100.00 48,500.00 $15,900.00 $1,018,780.00 1111111 1 111111111 11 1 11 I I 11 I I 1 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 000000000 0000000000 �no Ioo,co\poov�d O *-1 M M M cF M M es if} 64 64 69 Gs if} b4 es 69 O O O p O O2 O O N O N O 00 N N N DD O N NNd' N s y, O N vD *1- N a o o N ti�¢titi¢zQ O ken N C ti U¢UUU Uw W U 6 U r? U o E 0 V., E a. o o9 v) o U E a a a a a ,CtH O o� 0 0 00 0 0 0 00 00 0 0 00 0 0 0 0 0 00o 0000 OM o o i oo cri Gs 4 rn 7D 0 O O N CI cI 0 0 ti -5w U o y U G t Cn CD CI 0 U U 3 a 3 .a o 3 ct i o et E' H ciri cu E. H U E r--i C/� bA N F E'" O N N E� d a v,a O 'd O °E� g U7 U R4O E. 14 op O Hi C7z C7 l Temecula Valley Convention and Visitors Bureau Section IX Marketing Opportunity a Target Markets A. Temecula Valley Marketing Opportunity If the newly formed visitors bureau and the community can consistently increase room sales through the TVCVB's leadership and expanded marketing efforts, there can be significant revenue growth. Following are two scenarios based on 5 year projections that outline potential Return on Investment (ROI) by the TVCVB's efforts. Scenario 1: Moderate Growth Scenario Minimal new inventory is added. Average Daily Rate increases at 3% annually. Occupancy increases at approximately 1.5% annually. Scenario 2: Aggressive Growth Minimal new inventory is added. Average Daily Rate increases at 3% annually. Occupancy increases at about 3% annually. Strategic Marketing Plan Scenario 1 5 Year Projection Hotel Rooms Rooms Available Occupancy Rooms Sold Incremental Rooms ADR Incremental Revenue Incremental Cost ROI Scenario 2 5 Year Projection Hotel Rooms Rooms Available Occupancy Rooms Sold Incremental Rooms ADR Incremental Revenue Incremental Cost ROI T 1,666 608,090 72% 437,825 0 $100 1,666 608,090 72% 437,825 0 $100 1,766 644,590 73.5% 473,774 35,949 $103.00 $3,702,731.55 $437,825 $8.5 1,766 644,590 75.0% 483,443 45,618 $103.00 $4,698,623.10 $437,825 $10.7 1,866 681,090 75.0% 510,818 37,044 $106.09 $3,929,982.05 $473,774 $8.3 1,966 717,590 76.5% 548,956 38,139 $109.27 $4,167,535.11 $510,818 $8.2 2,066 754,090 78.0% 588,190 39,234 $112.55 $4,415,804.38 $548,956 $8.0 2,166 790,590 79.5% 628,519 40,329 $115.93 $4,675,219.03 $588,190 $7.9 1,866 681,090 78.0% 531,250 47,808 $106.09 $5,071,918.89 $483,443 $10.5 1,966 717,590 81.0% 581,248 49,998 $109.27 $5,463,383.67 $531,250 $10.3 2,066 754,090 84.0% 633,436 52,188 $112.55 $5,873,771.61 $581,248 $10.1 2,166 790,590 87.0% 687,813 54,378 $115.93 $6,303,865.78 $633,436 $10.0 Source: SMG It should be noted that in either scenario it will be important for the destination to increase overall demand and focus TCVCB efforts to that end. Given Temecula Valley's new and exciting position in the marketplace, these scenarios may be understating the potential. On the other hand, acts of terrorism, economic uncertainty, increased competition as well as other issues may have a dramatic and negative impact on either scenario. 52 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan B. Target Markets 1. Geographic Markets Temecula Valley has excellent proximity to three major population markets including Orange County, Los Angeles and San Diego. Temecula Valley should focus on stimulating overnight visits from FIT, group and business travelers originating from Orange County. Additionally San Diego and Los Angeles because of its close proximity offers significant opportunity. In addition to overnight leisure travelers from these markets it is believed that Temecula Valley also offers enough distance for business travelers and meeting and convention attendees to generate overnight stays. Based on information collected in the destination, the following target market summary for Orange County, San Diego and Los Angeles has been developed. 2004 Median Age 2004 Average Age Median Household Income Average Household Income Per capita income Casino Gambling Any casino gambling Activities on Domestic Vacation General sightseeing Attend event Shopping Play golf Bicycling Running /jogging Other outdoor sport/recreation Visit relatives /friends Visit spa Activities Participation in General Attend Arts Cultural Events Gourmet Cooking /Fine Foods Bicycle frequently Golf Running /Jogging Wines Source: PCensus Table 12 Target Market Size and Characteristics Orange County 34.6 35.3 $63,748 $83,329 $27,722 216,592 458,058 179,461 332,413 65,299 48,059 35,262 165,907 330,289 32,339 (Households) 231,220 238,864 268,483 237,908 184,403 227,398 San Diego Los Angeles 34.1 32.6 35 33 $50,995 $42,632 $67,814 $61,812 $24,651 $20,349 21.9% 220,844 20.80% 20.8% 429,784 13.0% 1,261,120 8.2% 176,695 8.0% 503,683 15.1% 321,700 14.6% 925,514 3.0% 61,757 2.8% 168,025 2.2% 45,515 2.1% 111,963 1.6% 33,870 1.5% 91,635 7.5% 152725 7.0% 445,928 15.0% 323,382 15.0% 936,532 1.5% 28,748 1.3% 809,569 2420.0% 232,161 22.0% 1,201,130 2500.0% 240,343 23.5% 1,254,752 2800.0% 262,843 25.7% 1,388,807 2490.0% 204,547 20.0% 1,002,729 1930.0% 207,615 20.0% 975,918 2300.0% 219,888 4.5% 1,072,438 643,613 19.8% 17.4% 6.9% 12.7% 2.3% 1.5% 1.3% 6.1% 12.9% 1.1 22% 23.40% 25.90% 18.70% 18.20% 20% As illustrated in the above table, in addition to high household incomes, each of these markets have a propensity to gamble, golf, enjoy wines, shop and attend arts and cultural events which include all the elements found in Temecula Valley. 53 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Despite the size of these markets it is clear that Temecula valley does not have the financial resources to adequately cover all of the markets with media alone. As such the following table is developed to show the range of marketing options that might be used in each market. The bureau may choose to emphasize different tools and different levels depending upon the opportunity It should be noted that while the primary source of Temecula Valley's visitors arrive by automobile, there is significant air access into Ontario Airport with Southwest Airlines being the dominant carrier with approximately 50% of the passenger arrival market share. This offers excellent long -term potential for both group and FIT travel as Southwest provides access from a variety of California markets. Illustrated below, Southwest Airlines is the dominant carrier that services the Ontario Airport. Source: Ontario Airport Table 13 Ontario Airport Carrier Market Share Airline Carrier Market Share Southwest 49% Delta 8.3% American West 7.3% American Airlines 7.2% United 5.8% Alaska 4.3% Continnental 3.8% Skywest 3.4% Northwest 2.5% Horizon Air 2.4% Other 5.2% 54 Orange County Los Angeles San Diego Target Segments 1. Group 2. FIT 1. Group 2. FIT 1. Group 2. FIT Marketing Tools Media Public Relations Promotions Sales Special Events Public Relations Promotions Sales Special Events Public Relations Promotions Sales Special Events Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Despite the size of these markets it is clear that Temecula valley does not have the financial resources to adequately cover all of the markets with media alone. As such the following table is developed to show the range of marketing options that might be used in each market. The bureau may choose to emphasize different tools and different levels depending upon the opportunity It should be noted that while the primary source of Temecula Valley's visitors arrive by automobile, there is significant air access into Ontario Airport with Southwest Airlines being the dominant carrier with approximately 50% of the passenger arrival market share. This offers excellent long -term potential for both group and FIT travel as Southwest provides access from a variety of California markets. Illustrated below, Southwest Airlines is the dominant carrier that services the Ontario Airport. Source: Ontario Airport Table 13 Ontario Airport Carrier Market Share Airline Carrier Market Share Southwest 49% Delta 8.3% American West 7.3% American Airlines 7.2% United 5.8% Alaska 4.3% Continnental 3.8% Skywest 3.4% Northwest 2.5% Horizon Air 2.4% Other 5.2% 54 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan In terms of access markets, there are 51 daily non -stop flights between Oakland, Sacramento and San Jose into Ontario Airport with approximately 6,987 seats. This frequency and capacity offers Temecula Valley significant long -term growth opportunities. Table 14 Southwest Non -Stop Flights From Selected Markets Market Flights /Day Est Seats Oakland 19 2,603 Sacramento 19 2,603 San Jose 13 1,781 Source: Southwest Airlines 6,987 55 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan 2. Target Segments With regards to target markets, the TVCVB should target leisure (FIT) and group travelers as indicated below. A. FIT Travelers Based upon Temecula Valley's easily accessible location and wide range of activities, the following leisure segments should be targeted: Youth (25 -34) Baby Boomers (35 -54) Active Mature Adults (55 o Vacation /Getaway It should be noted that these targeted age groups of leisure travelers are highly receptive to visiting destinations that are convenient "easy to get to" getaways which Temecula Valley epitomizes. B. Groups While the individual properties and attractions primarily target their efforts at leisure travelers, the TVCVB will optimize its marketing efforts and resources by focusing on group and business travelers that can generate business for the destination during the mid -week. Following is a list of potential groups that should be targeted by the TVCVB: Corporate Incentive (30 -40 Sales and reward based meetings SMERF (30 -40 Sports, Military, Educational, Religious and Fraternal groups Associations (10 -20 State or National Associations 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Section X Marketing Strategies In order to achieve its stated goals and to establish an effective long -term competitive advantage, the Temecula Valley Convention and Visitors Bureau must successfully implement three core strategies. These include destination branding, differentiating the destination, and facilitating the conversion of mid week room sales by the private sector. A. Branding/Positioning Temecula Valley Core Strategies 1. AIDA (Awareness, Interest, Desire and Action) Being a new destination, Temecula Valley must create awareness and desire (by implement steps outlined in the advertising action plan) among its identified target segments. The basic AIDA model of Awareness, Interest, Desire and Action is one that can conceptually guide the marketing and sales efforts of the organization. Awareness Create Awareness'of Temecula Valley. Interest Develop Interest in Temecula Valley. Desire Create Desire to visit Temecula Valley. Action Instill Action to visit Temecula Valley. The TVCVB needs to see its efforts as mpacting the market through each of the above steps. This process should be viewed as strategic in nature since it takes time to build a brand. It is critical to understand that brand building is essentail for both FIT and group travel. Both segments have to have awareness and a positive perception of the destination in order to take action to visit the area. 57 Temecula Valley Convention and Visitors Bureau 2. Brand Identity A brand is the way in which visitors perceive or distinguish a destination. Temecula Valley's brand, 'Where you want to be... helps to promote one, all inclusive identity that integrates all of the destination's primary attributes wine, history, golf, gaming, events to create an indelible impression in the mind of the consumer. A brand not only serves to unify all of the assets /attributes of a destination under one identity. It also works to unify the community and encourage it to provide the highest quality standards and customer service that will further strengthen the brand and customer loyalty. 3. Brand Awareness and Customer Loyalty As time becomes increasingly scarce, consumers will first turn to highly visible brand names when planning a purchase. Consumers want an assurance of quality when they don't have the time, opportunity or ability to inspect alternatives. This positive behavior is reinforced by the constant visibility of a brand using mediums and communication efforts that reach the target segment. A brand representing leadership, success, quality and excitement can create a genuine connection with the consumer. Strategic Marketing Plan Temecula Valley: "Where you want to be..." Wine History Golf Gaming Events Target Market Segments 1 Brand Awareness: Educate Target Segments via TVCVB Communications Brand Recognition: Familiarity of the Temecula Valley brand leads to Recall Preference These positive associations can motivate a buying decision that is both emotionally and functionally driven and is positively reinforced when the experience meets the expectation. As such, the Temecula Valley CVB, lodging properties, attractions and all visitor oriented businesses should strive to consistently offer exceptional customer service (by continually emphasizing service and developing effective customer service programs) beginning with the information gathering process to the actual visitor experience. The continual and dedicated commitment by each community member, TVCVB and business to provide a positive overall experience will help to build brand awareness, reinforce positive brand associations, and generate customer (brand) loyalty among target segments. Above all, a highly loyal customer base can be expected to generate repeat visitations and revenue flow. To effectively communicate the key benefits of visiting the destination, the Temecula Valley brand needs to be continually promoted in all marketing initiatives. As such, it is critical that the key points of differentiation that help to build the Temecula Valley brand continue to be interwoven and communicated through all aspects of the TVCVB and the private sector marketing efforts over the long -term. With only a limited budget (even with the added BID funds), the TVCVB can increase the visibility of its brand through the following marketing and promotional initiatives: o TVCVB website and collateral materials. o Logo exposure on all partner (private sector) promotional pieces, i.e., website, signage, brochures, etc. o Strategic partnerships with public and private sector inside and outside of Temecula Valley. o Public relations efforts that are targeted at key market segments and media. o Sales activities that represent the destination. 58 J Temecula Valley Convention and Visitors Bureau 4. Brand Extension SMG sees the opportunity to extend the existing Temecula Valley brand to a variety of market segments. Core Brand: 'Where you want to be...Temecula Valley." Brand Extensions by Segment: Golf Temecula Valley. "The place you want to golf." Meetings Temecula Valley. "The place you want to meet:' Leisure Strategic Marketing Plan Temecula Valley. "The place you want to play." 59 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan B. Differentiate the Destination Part of successfully building the Temecula Valley brand and destination awareness is to clearly differentiate the experience in the mind of consumers and key group leaders. As such, Temecula Valley should differentiate its offerings from the competition through an emphasis of its key tourism assets, translating them into believable and meaningful benefits for its new and repeat target market segments. Key Points of Differentiation Tourism Asset: New Southern California Destination Special Events Consumer Benefit: New Experience As a burgeoning new destination tucked away in southwest California, Temecula Valley has the perfect blend of rural charm and metropolitan excitement unlike any other location in Southern California. This unique "boutique destination" offers award winning wineries, diverse accommodations and group facilities, cultural events, 24 -hour gaming and entertainment, and championship golf to suit a wide variety of preferences and budgets for leisure and business travelers. Weather Comfortable Environment Temecula Valley's geographic location provides idyllic weather with abundant sunshine and cool ocean breezes while the coast can be foggy and inland locations can be muggy, smoggy and often oppressively hot. Easy Access Convenience, Easy to get to Highway access via Interstate 15 conveniently links Orange, Riverside and San Diego counties and all parts north to Temecula Valley. Additionally, Temecula Valley is located 1 -1/2 hours away from four major airports making it easy to get to for out of state travelers as well. Southern California Wine Destination World -Class Wine Tasting As the only wine producing region in Southern California, Temecula Valley offers over 20 award winning wineries set in 1 an exquisite setting for the large Southern California populations to visit. Pechanga Resort Casino 24 -hour Entertainment The all- inclusive Pechanga Resort Casino with its headline entertainment, 7 restaurants, 522 rooms and 200,000 square feet of casino provides 24 -hour, Las Vegas -style gaming opportunities and excitement. Preserved Heritage Educational, Culture, History Temecula's Old Town features rich historical sites including several historical buildings, the Temecula Valley Museum, and over 640 antique dealers providing an educational and cultural experience that helps to tell the valley's distinctive and illustrious story. Culture, Attractions, Family Oriented Temecula Valley boasts several year -round special events that have become major attractions for visitors of all ages. Many promote the area's arts and culture as well as primary tourism assets such as the Temecula Valley Balloon Wine Festival and the Temecula International Film Music Festival. 60 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan C. Generate Room Nights As was identified previously in this plan, the TVCVB is accountable for increasing room nights specifically in the mid week time frame and to a lesser degree on the weekends. To that end, the TVCVB must focus its efforts and measurements on activities that will generate the targeted room nights. Within this core strategy there are several key steps the TVCVB can take to ensure it focuses on generating room nights. 1. Target the Group Segment. As was identified in a number of community interviews, many felt the TVCVB should focus on generating mid week demand with targeted efforts at the group segment. As such, the TVCVB must develop targeted programs designed to attract this key segment. As was also identified in this plan, a 5 point increase in mid week occupancy could lead to approximately $2 million+ in lodging revenue alone. This, in turn, should also stimulate demand and revenues for the other parts of the tourism economy within the greater Temecula Valley area. 2. Increase Overnight visitation from Orange County and San Diego FIT visitors. In addition to attracting groups as a core strategy to increase occupancy levels, the TVCVB and the local community must develop and implement programs to increase overnight visitation from Orange County and San Diego. 3. Develop Strategic Programs with Southwest Airlines via Ontario Airport. Another effective strategy to increase visitation is the longer term potential that Southwest Airlines offers. As was identified earlier in this report, the Ontario Airport provides a credible access option for both FIT and group travel to Temecula Valley. Given that Southwest Airlines is the dominant carrier, it is natural to seek out and develop a partnership with the carrier. 4. Drive Traffic via the Internet As can be seen below s core strategy to drive room night si through the website, the model below illustrates how all of the marketing efforts work together to do this. Advertising 1 Alt Promotions Competitive Strategy Target Market Segments 1 Sales www.temeculacvb.org 1 1 Link to lodging property /attraction Positive Experience 1 Book Vacation PR i Special Events Collect Information Measure Programs Make Adjustments and Refinements 61 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Section XI Marketing Tactics A. Sales Goal: Develop group sales programs that generate approximately 6,000 room nights mid week. Current Lodging Inventory: Property Name if Units Pct. Pechanga Embassy Suites Motel 6 Temecula Creek Inn Extended Stay Hamption Inn Spa Holiday Inn Express South Coast Winery Resort Spa Best Western Comfort Inn Ramada Inn Rodeway Inn Rancho California Inn Palomar Inn Hotel Loma Vista B &B The Churon Inn The Castle B &B Total Sales Forecast: The sales forecast for group sales efforts is provided on the following page. 522 31.8% 176 10.7% 135 8.2% 130 7.9% 107 6.5% 99 6.0% 90 5.5% 76 4.6% 74 4.5% 74 4.5% 70 4.3% 39 2.4% 24 1.5% 10 0.6% 10 0.6% 26 1.6% 4 0.2% 1666 101.6% Groups Target Segments: Corporate Incentive (30 -40 Sales and reward based meetings. SMERF- (30 -40 Social, Military, Educational, Religious and Fraternal groups Associations (10 -20 State or National Associations 62 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan 2008 Room Nights ADR Segment Revenue Temecula Hotel Community Source: SMG Estimates Temecula CVB Group Sales Segement Forecast Model 2006 Base 0 (assumed 2005 -2006 base rooms) Projected incremental growth in room night production 1ST Yr 2007 annual 5.0% 2008 3.5% 2009 3.5% 2010 Basis 5986 299 6285 220 6505 228 6733 Association Corporate Incentive SMERF Gov National Statewide Regional Total 2007 Room Nights 0 1200 0 2386 0 2400 0 5986 ADR $120.00 $120.00 $120.00 $120.00 Segment Revenue $0 $144,000 $0 $286,320 $0 $288,000 $0 $718,320 550 500 2550 150 2535 6285 3.00% 123.60 123.60 123.60 123.60 123.60 123.60 $0 $67,980 $61,800 $315,180 $18,540 $313,326 $0 5776,826 2009 Room Nights 550 500 2655 200 2600 6505 ADR 3.00% 127.31 127.31 127.31 127.31 127.31 Segment Revenue $0 $70,019 $63,654 $338,003 $25,462 $331,001 $0 $828,139 2010 Room Nights 600 500 2800 300 2533 6733 ADR 3.00% 131.13 131.13 131.13 131.13 131.13 Segment Revenue $0 $78,676 $65,564 $367,156 $39,338 $332,145 $0 $882,880 3 year growth Assumptions: $164,560 18.64% 2006 2007 2008 2009 2010 rooms 1640 1640 1640 1640 1640 rooms available 598600 598600 598600 598600 598600 occupied rooms 430992 annual occupancy 72.00% CVB group rooms 5986 6285 6505 6733 CVBocc 1.00% 1.05% L09% 1.12% CVB grp rms /occ rms 1.39% midweek occ 40% Annual growth rate in rate runs flat at 3% Annual room inventory does not expand over forecast Annual occupied rooms will fluctuate up or down Annual ADR applied in flat basis to all segments, future actuals should be utilized 63 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Segment Approach 1. Corporate and Incentive 2. SMERF 3. Association Market Focus: Small Group executive level board meeting /retreats and corporate education and training. Develop meeting planner sales presentation kit that includes gross capacities, service levels, destination amenities and booking contact information. Develop an annual newsletter to meeting planners highlighting new products and services. Send out direct e-mail pieces to targeted group meeting planners from growth industries with destination updates on the Temecula Valley region, including hotels' value dates and new venues. Conduct four annual sales blitzes to targeted origination markets (Orange County /Los Angeles), inviting hospitality members to present services /facilities to meeting planner prospects for corporate meetings. Take membership within Southern CA chapters of MPI if sponsorship can be found. (MPI does require membership to sponsor new supplier candidates) Identify and Assist corporate travel planners and meeting planners with organizing a minimum of 15 site tours of properties, attractions and outside activities that meet their needs and create the desire to bring their business to Temecula Valley- South West California. Create one annual corporate meeting planner event in Temecula including golf tournament or barrel room wine tasting dinner, spa services and shopping tours. Host site visits for target meeting planners. Market Focus: Education, Social, Religious Develop programs to target wine industry including wine seminars, master sommeliers and other pertinent industry education components. Integrate food education and cooking components into this segment approach. Target key Sports organizations including soccer leagues, softball leagues and bicycle groups for consideration of Temecula during the pertinent seasons. Consider wedding industry to targeted periods if the fit works between wineries and hotels. Develop religious retreat segments as identified opportunities present themselves. Market Focus: Regional Association Meetings Target 50 qualified statewide and regional associations to consider the Temecula Valley as a potential meeting destination. Create a second tier of 50 prospects for continued efforts. Emphasis will be placed on the markets that feed demand (So Cal and Sacramento) Develop memberships with California ASAE and regional chapters in Southern CA demand generation areas of San Diego, Orange County and Los Angeles. Work to establish site inspections for key potential prospects Work to gain regional chapter meetings of broader National Association groups. 64 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan 4. Tour and Travel Identify regional ground operators of coach and limousine services to facilitate small group tours built around wine country hospitality and accommodations with focus to off season and mid week demand generation. Develop affinity tour groups such as vintage or collector car clubs, agricultural science or other identified targets Sales Action Plan 1. Tradeshows and Memberships Short Term: Affordable Meetings -West, Target audience is corporate, association, incentive meeting planners IT &ME -The Motivation Show, Chicago, IL. Target Audience is incentive and corporate meeting planners. San Jose June 2007 North American Journeys, January 2007, Los Angeles, CA. Target Audience is International and Domestic Tour Operators. MPISCC (Meeting Professionals International Southern California Chapter), March 2007, Los Angeles. Target audience is corporate meeting planners. 2. Direct Sales Short Term: Undertake monthly or quarterly sales calls within key segment demand generation markets to include day travel to prospect offices and occasional multi day sales missions Host special sales receptions for corporate site decision makers at appropriate places and times to retain awareness and develop new relationships. One such event should be held in each Southern Ca regional market of San Diego, Orange County and Los Angeles. Establish specific quota's for sales contacts to be made weekly and monthly within each segment targeted. Quotas must follow to segment priorities and goals. 3. Client Relations Account Retention Short Term Maintain relationships with current and past clients to secure repeat business and generate new opportunities for the region. Work with destination hotels to gain perspective of key accounts List top 10 ten clients and actions to maintain their business. Manage leads to a close by acting as liaison between client and hospitality partner to secure hospitality business into the Temecula Valley Region- South West California. Qualify all details of potential business with an emphasis on determining key deciding factors. These deciding factors will be communicated to hospitality partners to secure the business in the Temecula Valley. Develop a meeting planner section within the destination web site that provides for meeting information requests and response (integrate this with below web discussion) 65 T1 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Respond to Internet inquires and qualified prospects by mailing out visitors guides, sales brochures and other sales materials. Assist groups with hotel and non -hotel needs such as destination management companies, transportation, off -site venues, attraction, team building and all other hospitality services to maximize member benefits. Build a dynamic group sales module into destination web site that provides initial detailed information for meeting planners to undertake preliminary research on capacities and facilities 4. Research New Markets Short Term: Query Temecula Valley members to determine needs periods and targeted business scope. Define and research sales sources to be used to generate new business. Develop pre and post FAM /SITE tours for larger groups convening in So CA where appropriate 5. Direct Mail Mid Term: Create a targeted and unique direct -mail piece that will be sent directly to pre- registered attendees for all trade shows locally to create interest in the Temecula Valley. 6. Industry Memberships Short Term Join and maintain memberships in the following organizations for networking and new business opportunities: Society of Incentive Travel Executive( SITE), Religious and Conference Management Association (RCMA), Meeting Professionals International (MPI), California Society of Association Executive (CaISAE), Hospitality Sales Marketing Association International (HSMAI), The goal will be for the TVCVB team and sales staff to attend chapter meetings from primary targeted regions. 7. Promotions Mid Term: Introduce Temecula Valley tie in promotions to the leisure, religious, sports, fraternal groups utilizing affinity vehicles they align with Place destination co -op advertising in selected tour brochures in conjunction with, members for group sales to corporate, association and, SMERF segments. Develop on -line packaging programs to increase online sales. 8. Sales Measurements Short Term: Develop tracking system for guest rooms, Food Beverage, and meeting room revenue for all definite bookings that are consumed in 06 and record actual sales results against these goals as an ongoing monthly and annual measurement system of sales effectiveness. Develop a tracking system for contracted bookings in the area of guest rooms, food Beverage, and meeting room revenue for all definite bookings that are consumed in 05 -06. 66 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Develop systems for tracking spending as a performance, measure to determine economic impact of group business booked in our region. Conduct monthly sales meetings with members to address trends, targets selling and destination packaging for the Temecula Valley. Invite individual members to weekly sales meetings to present and educate the Bureau staff and sales team on member promotions and provide business updates. Partner with member to promote the Temecula Valley region by offering client educational tours, site inspections, and co- op trade show opportunities. 9. Other Short Term: Develop a specific group sales budget including expected room night and revenue sales volume to community, record monthly actual sales results against such plan, develop an expense budget that breaks out resource spending against each segment and in a priority that ties to the revenue goals by segment and to strategic plan. (half of this is now presented above, the sales expense budget now gets created based upon segments and actions defined above) Develop an appropriate sales material kit in conjunction with the private sector to present a unified destination presentation. (now previously covered redundant) Develop a Sales Committee from the private sector to assist and support the CVB sales efforts. (integrated in notion above in measurements) Adapt the core Temecula creative message to the group meeting segment stretching the brand beyond the leisure travel segment and positioning the group /meeting benefits of the destination. Encourage add -on days to meeting and conference visitors by presenting the destination as one that offers much to see and do beyond business. Develop collateral support materials that can be used to get the attention of target segment decision makers. (covered above sections) Implement specific communication programs to targeted publications and online media database resources that serve meetings and conference organizers. (this is the start of the PR action steps, it could be expanded and identified as such) As part of the website, develop a meetings and conference section, in conjunction with the private sector, which is designed to direct meeting and conference planners to a final property. (integrate with above web site discussions) Partner with local destination management companies to cooperatively solicit incentive business and third -party planners in targeted cities. (move to tour and travel and incentive sections above) 67 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan B. Brand Development and Promotion Short Term Continue to include the TVCVB logo and positioning statement in every marketing effort including printed materials, print ads, trade show booth and online initiatives. Develop specific message points that promote the key points of differentiation and primary tourism assets that help to build and promote the Temecula Valley brand over the long -term. Integrate supporting message points into all marketing programs that target meetings, groups and leisure travelers. Educate and encourage local newspapers, magazines and media to use "Temecula Valley" brand name in their communications about the region to foster support by locals for destination wide tourism efforts implemented by TVCVB. Mid Term: Encourage all BID partners, the City of Temecula, and tourism related businesses to include the Temecula Valley destination brand on their websites and appropriate printed materials in order to unify all destination tourism assets under one identity. Build a photo library of the primary tourism attractions including wineries, golf courses, meeting facilities, Pechanga Resort Casino, entertainment, Old Town, shopping and special events in order to support the brand and message points for both leisure and group market segments. Obtain testimonials from satisfied meeting planners, group leaders and decision makers to use in specific marketing efforts to help build credibility for the destination among target market segment. Testimonials or quotes could be used in press releases, group /business print materials and TVCVB website pages. Understand visitor perceptions about Temecula Valley brand through implementation of comprehensive visitor's survey. C. Visitor Data CollectionNisitor Database The collection of visitor data and the creation of a visitor database will be the lifeline for Temecula Valley marketing efforts. It is not cost effective to make an investment in visitor contact efforts (trade shows, advertising, etc.) without securing visitor data to keep that costly visitor contact informed about year -round activities and special events in Temecula Valley. Temecula Valley's future success is contingent upon ongoing, quality visitor relationship programs. The primary mechanisms for collecting visitor information and data include: Short Term: Website/lnternet o Email capture system on TVCVB website o Online monthly newsletter with "forward newsletter" mechanism to encourage new readers /visitors o Online ads /promotions o Visitor's Guide online order form o Meeting Planner's Guide online order form Print Advertising o Email leads collected via reader service mechanism sent to TVCVB from publication 68 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan o Leisure leads to TVCVB via 888# or website o Group sales leads to TVCVB sales staff Trade Shows o Promotions (sign up /collection of emails) o Attendee surveys o Online newsletter sign up form Promotions o Participant entry forms with email sign up form for online newsletter o Email sign ups on TVCVB website Special Events o Online newsletter sign up form o Attendee surveys Leads from TVCVB Partners o Reciprocal website links from BID members, City of Temecula, wineries, Pechanga, attractions, etc. that generate visitors to TVCVB website o Emails generated by partnerships, i.e., Southwest Airlines, CTTC, etc. Visitor's Guide Orders (888 website) Meeting Planner's Guide Orders (888 website) Meetings and Groups sales leads Collecting visitor information will assist the TVCVB with more targeted programs over the long -term as well as help to obtain a visitor profile of current and potential guests. All visitor data will be directed to the online newsletter database where they will be continually educated about year -round activities, specials and events in Temecula Valley that will encourage new and repeat overnight visits. Specific meetings and groups sales leads will have additional customized sales activities. D. Website Enhancements (See complete Website Review located in Appendix of this report) Short Term: Consider simplifying the Horne Page in order to make it more user friendly and to achieve primary goals: collect emails, book a trip /rooms /packages, promote special events, and to order guides. Consider restructuring navigation where repetitive to provide a clear and simple `choice' for users, driving them to click on the links and take the CVB's desired action, be it to book a trip, request a guide or sign up for email newsletter. Add unique title tags to all pages (while some pages have tags, not all do). Add and maintain a blog to provide ongoing updated information to assist users and search engine rankings. Consider purchasing a slightly more consumer friendly URL like www.visittemecula.com, as the acronym "CVB" isn't as intuitive to someone researching travel. 69 1 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Test and fix all pages that do not render correctly in all browsers including Firefox and Netscape. Consider streamlining the booking process with fewer options. If the goal is to encourage visitors to book a trip to Temecula Valley, consider having one option only and include lodging, cars and flights within the booking engine. Similarly, instead of offering multiple links (get a room, get some wheels) to the same booking engine, it may be less confusing for the user to simply offer the links to hotels, attractions, car, packages and deals that are currently on top of the AIRES booking engine. Revamp ad units on home page to feature one or two larger units that rotate. This provides greater value to the advertiser, potentially attracting more and should result in a cleaner look. Set up an email capture system on every page in the navigation bar above the fold. Include a more in -depth system that allows the user to request a guide, provide geographic information and indicate email newsletter interests for segmentation purposes. Investigate developing specialized newsletters and customized email updates based on interests (i.e. wine, recreation, meetings, groups, weddings, entertainment, events, lodging specials packages). Create a monthly online newsletter for all travelers to promote year -round activities and special events to the visitor database in order to encourage repeat visits, especially during the slower seasons. a. Include the TVCVB brand, key positioning message points and links to the BID members and attractions. b. Include a "forward newsletter' option to encourage new sign ups as a viral marketing tactic. c. Ensure the newsletter is of the highest quality before sending to the database. Make sure it is formatted correctly for HTML, text and AOL users and for different browsers. Make sure all the links work and that the copy has been edited for readability, spelling errors and relevant content for the specific visitor segment. Test the format before it is sent to the database. d. Ensure newsletter copy is free of spam alert words, i.e., Free, Spam, any words in all CAPITALS, etc. e. To ensure the newsletter complies with federal law (CAN -SPAM act), include an unsubscribe link and the TVCVB physical address and contact information in every newsletter. Measure the newsletter based upon opened emails, click throughs to specific TVCVB website pages, click throughs to featured links, and increased user sessions on the TVCVB website. Develop an online marketing strategy including search engine optimization, paid search, online advertising and email marketing campaigns. Improve exposure for BID members on the lodging section (Places to Stay and Sleep) and improve usability for the end user by including a photo, copy and direct link to each property under each category like the Book Online page. Assist meeting planners and provide better exposure for BID members and tourism businesses by improving the Conventions /Conferences section by including listing of each meeting facility with a link similar to Book Online page. Update overall copy including current events, specials, promotions, etc. on an ongoing basis to provide continual updated J information for new and repeat users. Upgrade the Visitor's Guide and Meeting Planner's Guide Order forms to including brief survey questions about how the user found out about the website in order to track effectiveness of marketing efforts. Include a note next the email field that user will be added to monthly online newsletter database. 70 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Implement a reciprocal link strategy with BID members, attractions and businesses in Temecula Valley as well as outside of the area where it makes sense to improve search engine optimization and to build visitor database for ongoing visitor a t: reiauOnS ip programs. Measure monthly user sessions, traffic to specific pages, referrers, page views, desired actions (i.e. email sign ups, guide orders) and exit links (click- throughs) to BID members and strategic partners in order to continually improve the site's usefulness and efficiency. Conduct a thorough review of the website measurements compared to website layout/navigation system in order to determine if current website organization is achieving identified goals, i.e., links to BID members, bookings, etc. Develop an online promotion to give away a trip to Temecula Valley for those visitors who participate in an Internet survey designed to gather emails, track advertising and brand building efforts and to develop a visitor profile study. E. Media Planning/Advertising Short Term: Research and develop a print media plan to reach leisure travelers with targeted publications in specific Southern California regions such as Orange County and Los Angeles, and publications that cover the southwest and state of California. Advertise in Southwest Airlines in- flight magazine and as a Featured Destination on southwest.com in order to reach air passengers into Ontario Airport and other Southern California airports. Develop local media plan including print and broadcast to promote year-round specials events to the local and surrounding areas of Temecula Valley. Develop print ad creative that integrates the Temecula Valley brand, key message points and the appropriate call to action based upon target market segment and co-op participation. Print ad call to action should include sales contact information, free guide, specific website landing pages and 888 Investigate signage and Visitor's Guide distribution at the Ontario Airport. Research online advertising options (banner ads) for leisure and group markets based upon number of impressions. Mid Term: Develop a print and online media plan to reach group and business travelers with publications /websites that cover the southwestern region of the United States and California. Negotiate value -added programs including free editorial, material distribution and website exposure such as free banner ads or online newsletter editorial as part of print media buys. Research email newsletter sponsorships, advertorial and promotional opportunities with activity specific websites such as golf, wine, meetings, etc. in order to reach targeted online audiences and to build TVCVB email database. Develop an online geo- targeted ad program by selecting certain IP addresses based upon a predetermined geographic region, i.e., Orange County. 71 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan To leverage TVCVB's print budget, consider developing co -op print ads with lodging properties and attractions for leading leisure magazines such as Sunset Magazine. For meetings and group ads consider including testimonials from highly recognized decision makers to help legitimize the appeal and qualifications of Temecula Valley to meetings /groups /business travelers. Develop a measurement system for print and online ads including generated sales leads, collected emails, 888 #s, guide orders, etc. in order to track ROI and areas of improvement. Implement a website conversion study to determine the number of users who click- through to the TVCVB website from the various online marketing efforts including newsletters and online ads F. Public Relations 1. Out -of- Market Short Term: Develop (or hire a professional public relations firm /professional to develop) a comprehensive public relations program including print and online activities in order to maintain ongoing media relationships and to pitch story ideas. Update online and traditional press kit and photography to ensure Temecula Valley brand and key message points are included and fully represented. Develop segmented media lists and talking points, including blog copy, for specific travel audiences: meetings, business, golf, wine, special events, gaming, etc. Develop unique story ideas that capture the essence of Temecula Valley. Story angles could include the following: o Wine o Old Town o Gaming o Golf o Special Events o Outdoor Activities o Meetings o Value Target appropriate media sources in Southern California (Los Angeles, Orange County) primarily and Northern California and outside California secondarily. Specifically target the following types of publications: o Newspapers o Lifestyle Epicurean Publications o Wine Publications o Wine Blogs o Wine Sections in Newspapers o Wire Services o Freelance Journalists o Travel Writers o Radio TV o Guide Books o Online Travel Sites o Online Meeting Sites o Online "Lifestyle" Sites such as wine and golf 72 Temecula Wiley Convention and Visitors Bureau Strategic Marketing Plan Distribute information to meetings and conference planner publications to position Temecula Valley as a viable meeting and conference destination. Communicate with the California Travel and Tourism Commission (CTTC) and provide press kit and ongoing releases for possible inclusion in their press kit stories or marketing materials. Create and manage monthly online traveler's newsletter to opt -in subscribers. Write and distribute monthly press releases to targeted media. Include new releases on media website pages and update site pages on an ongoing basis. Implement targeted media FAM trips with qualified travel writers to encourage coverage of Temecula Valley. Attend media events such as the CTTC Media Reception and Marketplace in San Francisco. Mid Term: Work with other visitor and convention bureaus in Southern California on appropriate cooperative programs that bring in travel writers who want to visit the entire area. Develop a proactive public relations disaster plan in case of emergencies that could hinder travelers. Measure public relations activities and program results based upon generated coverage, ad equivalency and press clips. Targeted promotions to locals to create awareness and education for tourism within Temecula 2. In- Market Short Term: Develop an ongoing email communication tool /system for BID members, City of Temecula, Chamber of Commerce and tourism business community to provide ongoing updates about public relations and marketing efforts and results. Solicit ongoing information from BID members and local tourism businesses to obtain newsworthy information to feature in out -of- market press releases and the online monthly newsletter. Mid Term: Develop a comprehensive plan to communicate with the local and regional media. Develop and distribute press releases about TVCVB marketing activities in order to increase awareness and support for tourism marketing efforts in Temecula Valley. Meet with local and regional media as needed to gain coverage and support of TVCVB tourism promotion efforts that can be reported and broadcast on a regular basis. Develop power point presentation for funding partners that includes a review of marketing program, results and ROl measurement. 73 Mid Term: Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan G. Visitor Information Short Term: Continue to enhance the Temecula Valley Visitor's Guide, Meeting Planner's Guide, brochures and CD as sales tools for the entire region as new capital investments are added in order to continue to promote a sophisticated and unified destination. Develop a comprehensive distribution plan for the Visitor's Guide to include corporate locations throughout California and possibly the southwest, and in select California Welcome Centers utilizing Certified Folder distribution channels to reach leisure travelers. Research distribution plan for the Meeting Planner's Guide in order to reach group /meetings /business decision makers. Track distribution of guides by orders via 888 online order forms, print ad leads, newsletter links, selected California Welcome Centers, corporate locations and trade shows. Investigate distribution of the Visitor's Guide at Ontario and Orange County airports. Develop integrated destination wide information system using kiosk technology (pictured below) designed to educate visitors, extend their stays and increase their spending while in Temecula Valley. Investigate costs to create Visitor Centers in the wine country and Old Town that could either be staffed or include kiosks. Measure the effectiveness and appeal of Temecula Valley printed and online visitor information with a visitor survey in order to identify necessary improvements or changes. H. Special Events /Promotions Short Term: Create quarterly special event seasons that tie together all of the various events occurring during the 3 month period to create a larger attraction and to help cross -sell events such as the Winter Special Events Promotion featuring the Winter Barrel Tasting, Good Old Days Car Show and the Bluegrass Festival. 74 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Support the development of a "Foodie" promotion that includes all of the restaurants, agricultural partners, wineries, farmer's markets, etc. to showcase the local and regional agriculture and cuisines. (Similar in nature to the Thursday evening street fair in San Luis Obispo.) Feature quarterly Special Events and "Foodie" promotions on the website, in the online newsletter, press releases and ads A great example is a weekly farmers market that brings together local farm produce with wines and local restaurant s and chefs. Mid Term: Create "Foodie' Lodging Packages with all partners in order to encourage overnight visits during slower season. Create quarterly Special Events Packages that include events, attractions, retailers and lodging properties in order to stimulate overnight visits during each quarter. Measure promotional efforts by number of room nights generated, travel spending, attendance at featured seasonal events and attractions, collected visitor information, leads, requests for specific information and website visits and click throughs. 1. Strategic Partnerships Short Term: Maintain strong partnerships with the City of Temecula and the Temecula Valley Winegrowers. Investigate partnership with Southwest Airlines in order to reach air passengers traveling into the Ontario Airport and to develop a comprehensive travel partnership program that includes promotions, air packages, advertising, online exposure, sales programs, etc. Investigate partnership opportunities with the CTTC in order to enhance Temecula Valley's exposure in its marketing efforts such as a location for filming or to participate in cooperative programs that reach out -of -state visitors. Mid Term: Measure partner programs based upon website activity, generated visitor information, generated sales leads, guide distribution, bookings and travel spending impacts to determine effectiveness and ROI. 75 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan J. Research and Measurement In order to determine if the Temecula Valley marketing program is achieving long -term goals and objectives, it is imperative that the TVCVB creates a comprehensive system to measure the effectiveness of all marketing efforts. Temecula Valley marketing efforts have two levels of measurement. One measurement includes computing the performance and Return on Investment (ROI) of the TVCVB marketing efforts. Efforts can be measured through website usage and various costs per analysis of specific activities, as well as tracking the leads sent to BID lodging properties and attractions. The other measurement includes calculating the R01 to the business community generated through travel spending. Temecula Valley lodging properties can measure revenues generated from tourism through the analysis of their T.O.T. collection reports. It should be noted that not all of the marketing efforts can have a designated ROI such as ads and public relations that are designed to build brand awareness. Building brand awareness is just as critical to long -term success as specific marketing efforts designed to drive a particular response that can be tracked. Brand building can be measured, however, through the monthly user sessions on the TVCVB website in which all Temecula Valley marketing efforts are designed to feed into. Short Term: Establish an annual budget for a comprehensive research and measurement program in order to develop a baseline for measuring the results of specific marketing efforts, as well as areas of refinement and overall ROI. Review annual increases in Temecula Valley T.O.T. collections, ADR, room nights sold, occupancy rates and travel spending in order to determine the impact of TVCVB marketing program on the local economy. Conduct ongoing measurement of all marketing efforts to determine if programs are increasing visitations to the TVCVB website, links to BID lodging properties and overnight bookings. Invest in a comprehensive website reporting system in order to understand the website user's behavior and to identify areas of improvement. The report should track user sessions, site paths, page views, top exit and entry pages, as well as the links (click throughs) from the TVCVB website to the BID lodging properties, attractions and partners. Develop a special events survey in order to gather precise information about the economic impact of events. Develop a visitor profile study in order to understand the visitor's perception, behavior and motivations as well as demographic data. Use the study findings to refine marketing messages and to better target marketing efforts to more efficiently reach the most lucrative visitor segments. Encourage each tourism related business including wineries, lodging properties, attractions, special event promoters, etc., to collect visitor demographic information whenever possible in order to understand the Temecula Valley visitor demographics and economic impact. Mid Term: Survey the tourism business community in order to understand their perception of the TVCVB marketing strategy and program in order to make refinements to specific efforts, and to identify if business levels have improved due to TCVCB efforts. Establish benchmarks for measuring the R01 for each marketing effort such as a Cost Per Inquiry, Cost Per Visitor Contact/Sales Lead, Cost per Click- Through, Cost per Visitor Guide, etc. Utilize and share the information with BID members and tourism business community in order to stimulate change and innovation for overall tourism efforts. 76 Temecula Valley Convention and Visitors Bureau Strategic Marketing Plan Once a visitor database has reached a critical mass, develop and implement an online survey to determine if the print ads and other marketing efforts increased visits to the TVCVB website. 77 1 o Mar '10 Feb 11 24,000 1,153,780 000'9 12,000 1 16,410 061'312'1 656,935 18,000 1 200'9 24,500 5,652 6,800 1 300,400 12,000 1 44,400 15,0001 50,000 9,100 48,500 15,900 1,212,190 tied 2,000 85,014 009 024 000'1. 88,984 009'1. 45£'1.4 121' 009'6 002'92 004 00E'8 000'1. 00£'4 009'6 001'8 692 1,200 88,984 11. net' 2,000 80,048 009 021 000'1. 84,018 009'1 889'92 1.24 000'3 006'96 004 001'8 000 006'4 000' 1. 009'2 692 810'48 004'6 01 oa0 099'11 000 009 024 000'1 75,830 30,600 1,500 009 124 000'3 400 26,200 00E6 000'1 002 000'1 009'1 6SL 1,800 75,830 Nov 10 81 000 009 000'1 000 840'601 56,518 1,500 LL4 000'6 400 26,200 00E'2 000'1 00£'4 000'1 009'6 691 600 102,048 01100 99E1201 000'2 009 000'1 996'801 009'1. 118'19 098 114 000'2 400 26,200 002'8 000 00£'4 000' L 009'8 891 992'801 009 01 Wes 2,000 84,668 009 000'1. 88,168 37,714 1,500 969 128' 000'6 002'92 004 001'6 000 0064 000 009'4 891 291'88 006'8 01 881'96 000'6 009 000'1 99,638 009'1 126'29 811'1 114 000'6 400 26,200 001'1. 000'8 002'4 000'1 009'6 891 600 99,638 01 Alnr 09E'161 000'6 009 000'1 000'1 093 009'1 121'98 009 111' 000'2 002'92 004 002 000 008'4 000'1 008'£ 891 092'661 009 01 aunt 2,000 107,778 009 000'1 000'1 86'211 62,209 1,500 049 i 114 000'6 400 26,200 00E2 000'1. 008'4 000'1 006'9 891 1,300 112,278 i 01 AIM 696'011 000'2 009 000 000'1 115,462 009', £29'49 1.117 000'6 2,400 26,200 001'£ 000'1 008'4 000'1, 009'9 891 694 009 i Apr 10 494'96 000'2 009 000'9 000'1 103,964 57,735 1,500 009 114 000'6 006'96 004 00E'£ 000'1 009'2 000'1 009'8 891 496'201 009'1 Mar10 I 2,000 97,774 009 000' 1 1 b16 009 949'89 116 000'2 400 12,200 002 000'L 009'8 009'6 000'1' 891 6001 101,2741 onion Visitors' Bureau ew0 Adver Website Funding Investment Revenue Membership Dues Merchandise Sales Sales- Publications kw esuadx3 emote legol Advertising- Printed Marketing Advertising- Website Advertising Media Dues Subscriptions FAM Tours/Site Visits Insurance Office Supplies Personnel Costs Printing Professional Fees Promotional Items Rent Telecommunications Trade Show Participation Travel Entertainment tal Expense Temecula Valley Conve 2010 -11 Budget All Funds Combined �I 1 Net Income LL gad O L. JOIN 1V1O1 09L'9L0'L 000'81 I LL9'179S 6,800 226,000 12,000 38,400 48,500 15,900 1,018,780 Li gad 1 009'1 bL8'6E 400 20,000 003t 000'1 ooz' L ooL'£ 140'6L Jan 11 74,048 o0s Hb L'S£ 00003 004 003'8 000'1 1111 0017'3 009'£ 8b0`bL MIIIIIMMINIIMMEI 01 098'99 009'1 090'63 i.._■ 400 I 20,000 003'£ 000'1 008'1 009'1 09899 IIIIM 400 20,000 003'2 000'L 009 009'E 85,548 1 0140N 85,548 009'1 °Wet OL PO 95,766 009'1 909'L9 000'03 OOP ooz's 000'1 1 009 li 009'£ 99L'96 OL;de5 ____l 999'SL 009'1 Eb9'EE 400 20,000 ooz'E 000'1 1 006'E 009'17 75,668 9E1 98 in nil ___1 9EL'99 009'1 099Y4 400 20,000 003'6 000'1 009 009'2 Ot oiunr 09L'39 HLL'L6 009'1 009'1 0991717 9E1'99 400 400 L 20,000 20,000 00z'6 I 0036 j 0 0 0 1 1 0 009 I 008'1 ooe'c 006'9 .i. 09L'38 9LL'L6 May 10 I 100,962 009'1. 1] 299'8S _III 2,400 20,000 003'£ 003'£ 000'1 000'1 J 009 009'1. 009'9 009'8 396'00. 11791/S9 Apr 10 1 005 b99'Lb 400 20,000 Mar 10 89,774 009'1 1719'99 000'9 004 003 8 000'1 009 000'8 411'68 Temecula Valley Convention Visitors' Bureau 2010 -11 Bu get Per Month TID Fund 1 Approved budget at noticed meeting 11/12/09 05112d %3 ewooul 1401 Advertising- Marketing Advertising- Website I Office Supplies Personnel Costs L Printing LProfessional Fees I Trade Show Participation Travel Entertainment Total Expense Net Income .0 'c u. F 00 ct 0000e N O 0 N 186,410 57,258 5,652 74,400 6,000 000'9 019'891. 00'.'6 It o u. 0000r ootocrec I 0175'1. 026'6 016'6 692 005 009 002'9 1.27 0174'1. O26'6 I.IIIIIIIII 026'6 692 009 009 003'9 1.217 1- oratooe• 1 1 1 1 00000 0000W- 0 0179'1. 026'6 026'6 69L 005 009 j 003'9 LLV o n o 020'8 009'91. 004'91. 692 009 009 003'9 1.27 12,500 1 4,071 IIIIII r co 992 009 009 003'9 1.17 o N o o 12,500 1 4,071 NI IIIII 1.217 009 002'9 N r' 992 009 O co O 8 I o 1.10'9 009'£1. 21 009 002'9 0 892 009 o o W. I of o 220'9 0001. 1.21' 009 003'9 892 oos 009'V1 14,500 6,071 II 1.17 III n 1 992 009 009 003'9 to oio i Ln I I I I I I I c a s aid e o e 1.20'9 009'4'. co 942 009 009 003'9 1..117 o '.20'0'. 009'8L II1111I m 892 00S 006'9 '.217 N o of 0 n c 0000 0 0000 110'8 009'1.1. m LO 892 009 009 002'9 1.27 o 0 )onvention Visitors' Bureau :ome Advertisin• Website Funding Membershi Dues Merchandise Sales Sales- Publications i H u Total Income Expense Advertising- Printed Marketing Advertising Website Dues Subscrintiona Event Hostin Industry Sales Event Hostin•, Local Communit Insurance Office Supplies Personnel Costs Professional Fees Promotional Items Rent Telecommunications Travel Entertainment tal Expense FI I a ig -d a ImLL CI Net Income TOTAL 1 It gad Oti 35,000 I 35,000 1 I 35,000 C Feb 11 .Jan 11 Dec 10 I I I Oct 10 I I I Sept 10 I I 0 I I OL Inf 35,000 35,000 35,000 OL unr I 60L teR I 601. Mb I I OLJ Lig 1 1 I 'Temecula Valley Convention Visitors' Bureau Income 6ulpund I 0W00111 1e40.1. Expense Advertising -City Rack Service j Total Expense 120010 -11 Budget j 'City Marketing Fund PROPOSED J ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.40.040.B. OF THE TEMECULA MUNICIPAL CODE TO INCREASE THE ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FROM TWO PERCENT (2 TO FOUR PERCENT (4 OF ROOM RENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq., (the "Law authorizes the City Council of the City of Temecula (the "City Council to annually levy an assessment against businesses within a business improvement area for the purpose of promoting tourism, which is in addition to any assessments, fees, charges or taxes imposed in the City of Temecula (the "City B. Pursuant to the Law, the City Council adopted Ordinance No. 05 -16 on December 13, 2005, Chapter 3.40 of the Temecula Municipal Code, establishing the Temecula Valley Tourism Business Improvement District in the City (the "TVTBID C. The Law requires the City Council to appoint an advisory board which shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the activities described in the report and which shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments. D. By Resolution No. 05 -121, the City Council appointed the Temecula Valley Tourism Business Improvement District Advisory Board to serve as the advisory board for the TVTBID (the "Advisory Board E. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report for fiscal year 2010 -11 in connection with the proposed increase to four percent (4 of the levy of an assessment against lodging businesses within the TVTBID entitled, "Temecula Valley Tourism Business Improvement District 2010 -11 Annual Marketing Plan Budget and Marketing Plan" (the "Report and, by previous resolution, the City Council preliminarily approved the Report as filed. F. On December 8, 2009 the City Council held a duly noticed Public Meeting to consider the proposed increase in the TVTBID Assessment and adopted a resolution entitled "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO INCREASE THE ASSESSMENT AUTHORIZED BY TEMECULA MUNICIPAL CODE SECTION 3.40.030.B. FROM 2% TO 4% AND LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 20010 11 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF." G. On January 12, 2010, the City Council held a duly noticed Public Hearing on the proposed ordinance to increase the TVTBID Assessment. The City Council afforded all persons the opportunity to present comments to the City Council concerning the proposed ordinance. H. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Section 3.40.030.B. of the Temecula Municipal Code is hereby amended to read as follows: "B. The assessment shall be levied annually against all lodging businesses in the district based upon four percent (4 of the rent charged by the operator per occupied room per night. Extended stays, defined as more than thirty consecutive calendar days and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the levy of assessments. The assessments shall not be included in gross room rental revenue for the purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code (the 'transient occupancy tax')." 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 12th day of January, 2010. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Jeff Comerchero, 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 12th day of January, 2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of January, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 1 DEPARTMENTAL REPORTS CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Shawn D. Nelson, City Manager DATE: December 8, 2009 SUBJECT: City Council Travel /Conference Report November 2009 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file Approvals City Attorney Director of Finance City Manager Sief Paz, 42, On November 10, 2009 Mayor Pro Tem Jeff Comerchero and Council Member Ron Roberts traveled to San Antonio, Texas to attend the National League of Cities Congress of Cities Conference. Attachment: Meeting Agenda 00 w 0 0 op ctl 3 6 0 E 0 3 Z O1 C 1- dS c v 0 V z Z v S 0 L0 d v z Y V LL 0 V) 0 0 .0 N u O 0 m E r v a 01 0 e$ a` o. N w_.. o. d U Z m v L U `o c n O y '0 o E O o p O c v c t E 001 C O d m N 2 c g' rn= 0 0 0 c o p U.L C2 W !A c. 0 m 1 8O j 2 '0 'a Z c u a c CA c 0 cu To d m co ul d 3 v 8 Ya pato c c Y' 8 m .06i_ 3 c .0+ m,L..m v 0 u p C co 0 CO N Y N H E o U E 22 L o E a N c N i a O E L 0 o L d O 2 U T o. L O O O o '0 E 0. o3E a)> J O c o w o F n m a o m E a) IO L" N y W iii N 'u t +j p i 2 I i U O U aa+0, c 0 O m 0 x al c C 8 d 'a, N O I. az) v m aa) O a) H V V 0 E fl0j N c =n L 0 Y O 10' PI a m m v N E N a i 2 L dr =3 ti TO a V 0 76 ro c M 0 c Z c SO 0 Z c m O a V c o� Z 10 T m m a v a o v m z 03 0 O 0 01 O 0 00 Q1 w ill cn C in c 0J c E e L1 a� n7 0 ui C E N 10 N 10 C c i CU *0 C d c e U c o °e m Wda a ly d m e to C, c c al_ u Wf L OU V n f f Vlf in o. Z O C y h O G w u a c o W N° A c7 co 3 m m g c a F 3 N p c a v u c O ¢o d ic C N d d o f t 3 6 .�i' F fall u en Y O C L d E c 9 'Ai u a a a e 0' lj c o W m C M N v2 °cg- aloo'd L Oe° 'i RE0' E I e 10a >O1 e -w— ala Q .200 �NO 9 C a l c y y u c p y= c it 6 N c m` E m c W o d o n W o V•� d o F. r1iS �faFc,v,�ff'�o3au��uo m c m c n N mi J nCi E c o N u T u 4- o w o C a p t ID C y O N C _L., A T N con d �.r O. C N C L r G N U j N j 1 N� Tv t m cc CL 4 2 2 u v E N i' ma m a E E 0 c i mal v c vv N E y n' 3 m °o0 c .E 'I E A E m a U O T o 0 0 O c C z. ay ._L .Om U N Ei Si U' v L O' O i a i 61 O c y m c d 0 cd y'LC u l a m N c a La' E m u C Of C Y ad oo3d'a u °y° cE mE v vc ao m E y ,l mcE v it E U .J a ¢w'ix -0 a 7 d 0 f 00 0 e CO 0. o go k 7 k l0 f f 2 0 1 0 0 0) (0 k ®S —D !?!}£O.; OJ 0 tn 0. E |2 cn 0 0 k ea tu CO 00 0 0 a c as Q E O Y cu .a i L E an On 0 a o v Y o ic E N v c O c o n c a Z N a o O L m o 'a 3 m al 0 Y O v in a Y n C 0 .2 v o E N v.cv i N r c `584 2 =o R' N c E O .0 CD s v tro o r.' N E O o f Y au ft a v N c v o c 0 ro c L 0 v -0Q c o ca.�. v v v O N cn o a 3 t o aci N E E v c m Ea ;c v o 0 c Ol W a o> 0 N C N N N Z c �a o. •rn W w tE¢ c Lc o a E w w a) ai is c rams m n2�.'G d m N el N m cu cu a Y q 3y N a 3 c CU "1-. a d T U m y N o.0c L a a N a A N m C N N 0 c C L C. 0 p O I C L 0 J V U 0 c v E RI B N c c cn M u o 2 m 4 171 o C CU c c E y 17 2 i. 93 01= a L N m e as E H 0 o O 0 C ai0 A Y d o E> n .5 c ru m %x v q p E LL C W m U 4= N fl N Y N c U n O t ry 0 o. u N L a G to CU L La m o n v a a 0 1O n 8 a a v 0, b c a 0 o o C7 a v Y p 0 0 v c 3 E Z H ui v O 0= N 0 0 O 0 I* C u0= c c u J U c CO L L N 00 `S 0 a Q n c o c m o o J L E 9t' E Q c c o o 0 3 E €8 O 3 u c o v` wo 10 Tu v N d E° E w 2 fL a H N v U 0 2 a U O N i T G Y a ui CO IDO 0 '0 v O Q O c v in 0 c a m a c m Y m 0 0 c a 0 L tn o .0 2' i 0 O 0 ca o N c o O t Yn c N V v u Q E v 0 m U y m Y w 0 w iii v La 76 n is E c x z N m u_ o+ v E K To cc v o 1-1 as E trs w N L O O al R,_= 0 m r U H 9 0 N m N 16 c C En a eaE, z E w -o O Q yy 'a N W O OG N m�a b 'C o t "t a v o 01 Q 3 E o N J m v Jin to J W ti O a cV CO N o w 0 v ao cct 8 6 I c 0 v c in o m O 2 C L_ O1 a a N W m N W N u N n a u y c a t 0 E N .c 5 O H p N o L C V1 0 2 O ro u c u Q o to o t E Nit en el 03 IL ij n y 0 nY N O O 0 co to m 0 N N y CC n e Z 2 O Z cc 0 0 2 y Z 0 C O f3 U O E 2 O N r 3 c I O y o c mN No V c- c a O m co N d J en 8 m E O+ 3£ m 3 m Is z c 5 c u c U Q o c 2 t u' vI Q m q 5 th N (0 N N U X 10 E Q O W c at W a CJ ra o us E c Li c u- C MS 01 .c 0 C L^ a y 0 o a 'E (9 o f m c w U c L a 8 0 o W m u a CJ Q (7 d s p J a co v co al oo c W w c 1- y o c c Ni V a Q N E o w o+ m y 'o LL c 'Y W 'j o c Yn'. rn 2 V O p 0 d 0 .4 9 U O j G O W m Lil c t LL C 411 c a m c U 3 a o o o. O O N O O N O T O O V y V F Z p G 5 N b a N E u N O p N o y. c 249- m i Voz°wEm E8418 Z fa Y�Ew £Ewc c EwE m °1E woa n O Si v a°ui 0o-p yo mncim °'ui `oo E.n E W ,,LL c NLL V O 0.NLL Z. N °LL m °LL V N O 1Vg O. °LLU>a) W C 6.. 3 1 c U rl J O a ill) c 6.. 1 C N= T (4'=6" f0 a Lfl c U 7 p l c pp o I L R I c R 0 3 I c I o U C ai 1 9 c '2 1 0 c L J 16 In n E N n a) E y j C j n ,Y_n c? E v 'C E q d U E w L v O1 K e t' °mE ��rnE� :�mE a' .0 L. i n Il t 0 in t 0,E y Yl IS OJ i ll TM i ii L� 0 Yn J n0. _l 0+ 6 O .O. W C .y W O C .y W O E .a W O c W N W VV J Q\ K w Q 3 J .mil d� U w. J .mil LL� V r J.-i 1' V i--i M J .i tY w 00 w 0 00 0 a N to 5 C O a T a l p Y o V 5 ro -o c E J.0 ro° -o era a c o g a v p c U to G C U c to v G 0 A co Y E A Ew a 2' 5a c o 0 oTE c 3 a c E 0 o R c U a m Q 01 Y 'a -i y c_ v c K a c O Y j a i u c ai E U N c n. C c T a A a y al N G G y g Y 0 c J N U o v d d v I y q y C U r iii. 2 O C Q co L t_ 3 5 o t0 v Jett to t.'G 2 a O o 0 0.;_l C a) c i7 o >..-o L C7 C am p U u j o 0 t"t m J 0 U w (n to O N 2 o v 0a c a 0 ..-I N m Ti- Ln J O n N ,..4 0'a,v 3 v a) vnnv J -I S.. N In In inn N 01 2 8 CO c0 v E VI w o l i O T co Y E E `c o o o c o u 0 O N Y C c U m 0 0 t tn n I C M d fa O O -o c 0 E c N O L N N to O m E r y 3 N 0 O ti 5 U cc E d c a m In c 6 a ti to Q d O En N u T .1 2 O o Y C M E 3 1.1 L tT A N N C 0. N O C 7 C 0 Y O o c� @J p ti N 2 C u D E O Z Q N C .7) W O C U t0 v O 0 T 10 G 'C Ui CU U o 'i'n O ai to s c an a c N tn a 2 Of c N Q l n in O T J 0 r N U E k President Robin Lowe Council Member, Hemet and the officers and members of the League of California Cities cordially invite you to attend a reception in honor of the incoming NLC president LCC Board Member, Ron Loveridge, Mayor, Riverside S Lone Star Ballroom, Salon C Grand Hyatt, San Antonio Thursday, November 12, 2009 6 :00 to 7:30 p.m. 600 East Market Street San Antonio, TX 78205 Aimi Sharpe Executive Assistant .eague of California Cities 16-658 -8232 nsharpe @cacities.org 10/1/2009 Page 2 of 2 6110 National League of Cities A REPORT TO THE TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE 2009 Meeting Congress of Cities and Exposition San Antonio, Texas Henry B. Gonzalez Convention Center Wednesday, November 11, 2009 9:00 AM Presiding The Honorable Oscar Trevino Mayor, North Richland Hills, Texas Staff Leslie Wollack Program Director for Infrastructure Center for Federal Relations 202.626.3029 /wollack @nlc.org Julia Pulidindi Senior Program Associate for Infrastructure Center for Research and Innovation 202.626.3176/pulidindi@n1c.org Ron Roberts Ron Roberts TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE MEETING 2009 CONGRESS OF CITIES AND EXPOSITION HENRY B. GONZALEZ CONVENTION CENTER ROOM 204 SAN ANTONIO, TEXAS WEDNESDAY, NOVEMBER 11, 2009 0 9:00 AM AGENDA 9:00 9:30 AM WELCOME AND MEETING OVERVIEW Oscar Trevino, Chair, Mayor, North Richland Hills, Texas 10:00 -10:45 AM REPORTS FROM LIAISONS (schedules permitting) Board of Directors: Bill Brooks, Mayor, Belle, Isle, Florida Advisory Council: Susan Burgess, Mayor Pro Tem, Charlotte, North Carolina NLC CENTER ON RESEARCH AND INNOVATION Julia Pulidindi, Center for Research Innovation, National League of Cities 9:30 10:00 AM LEGISLATIVE UPDATE Leslie Wollack, Center for Federal Relations, National League of Cities PROPOSED AMENDMENTS TO NATIONAL MUNICIPAL POLICY Steering committee recommendations Proposals from the floor PROPOSED RESOLUTIONS Steering committee recommendations Proposals from the floor 10:45 —11:00 AM OPEN DISCUSSION Policy Process and Future Priorities 11:00 12:00 PM CED, TIS, EENR JOINT BRIEFING: HUD- DOT -EPA INTERAGENCY PARTNERSHIP FOR SUSTAINABLE COMMUNITIES (CED and EENR Committees will join the Committee in Room204) National League of Cifles COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING SAN ANTONIO, TX Wednesday, November 11, 2009 9:00 AM 12:00 PM Presiding The Honorable Bruce Hill Mayor, Grand Junction, CO Meeting Site Room 206 Henry B. Gonzalez Convention Center San Antonio, Texas Staff Michael Wallace Principal Associate, Federal Relations (202) 626-3025 wallace @nlc.org Jeff Comerchero James A. Brooks Program Director, Center for Research and Innovation (202) 626 -3163 brooksCa r lc.orq 9:00 AM -9:15 AM 10:00 AM 10:45 AM 10:45 AM— 11:00 AM 11:00 AM -12:00 PM 12:00 PM Adjourn Agenda Welcome and Meeting Overview Honorable Bruce Hill, Chair Mayor, Grand Junction, Colorado Jeff Comerchero Community and Economic Development (CED) Policy and Advocacy Committee Meeting Wednesday, November 11, 2009 9:15 AM 9:45 AM Board Update (Schedule Permitting) Honorable Joe Davis, Sr., Board Representative Alderman, City of Milwaukee, WI Advisory Council Update (Schedule Permitting) Honorable Henry Marraffa, Advisory Council Representative Council Member, City of Gaithersburg, MD 9:45 AM 10:00 AM Legislative Update Michael Wallace Principal Associate, Federal Relations Proposed Resolutions and Amendments to National Municipal Policy Open Discussion Policy Proposals and Future Priorities CED, TIS, EENR Joint Briefing: HUD- DOT -EPA Interagency Partnership for Sustainable Communities Note: This joint briefing will occur in Room 204 in the Convention Center Shelley R. Poticha, Special Advisor to the Secretary, Sustainable Communities U.S. Department of Housing and Urban Development Joanna Liberman Turner, Deputy Assistant Secretary of Transportation for Intergovernmental Affairs, U.S. Department of Transportation Tim Torma, Senior Policy Analyst, Smart Growth Program, Office of Policy, Economics and Innovation, U.S. Environmental Protection Agency Page 13 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: December 8, 2009 SUBJECT: Economic Development Departmental Monthly Report Approvals City Attorney Director of Finance City Manager Sief Paz, 42, 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 October and November 2009. ECONOMIC DEVELOPMENT NEWS The City of Temecula participated as a sponsor in the Annual BIOCOM Investor Conference in San Diego. BIOCOM is the largest regional life science association in the world, representing more than 550 member companies in Southern California. City Council Member Chuck Washington and Staff attended the Investor Conference Reception on the evening of October 26 On October 28 and 29 the City of Temecula partnered with Riverside County Economic Development Agency (EDA) and other local cities to exhibit the Riverside County region at America's largest solar event, Solar Power International Trade Show in Anaheim. The exhibit hall was packed with record breaking attendance of over 24,000 industry professionals and over 3,000 visitors on Open -to- the Public night. Conference sessions were highly attended by key players from across the solar industry. On November 11 the City of Temecula participated in the NAIOP Inland Empire Virtual Bus Tour located at Citizens Business Bank Arena in Ontario. Staff was present at the event. NAIOP is the nation's leading trade association for developers, owners, investors, asset managers and other professionals in industrial, office and mixed -use commercial real estate. RIBBON CUTTINGS AND SITE VISITS On November 5 Staff, EDC and Temecula Chamber of Commerce representatives visited Temecula Valley Management located on Diaz Road. On November 19 Staff, EDC, Convention and Visitors Bureau and Temecula Chamber of Commerce representatives visited the Quality Inn Wine Country Hotel on Jefferson Ave. Also on November 19 Staff attended the Springhill Suites by Marriott Hotel grand opening located on Jefferson Ave. OLD TOWN PROMOTIONS This year's Fall Rod Run (Friday, October 9 and Saturday, October 10th) was another great success. The event brought hundreds of classic cars and spectators to the streets of Old Town. Thousands of visitors utilized the free shuttle transportation to /from the event sponsored by the City of Temecula. On November 27 Santa arrived in Old Town and kicked off the Winterfest festivities for the holiday season. Old Town will be aglow with twinkling holiday lights every night. There are many festive events planned for the month of December, including Ice Skating on the Square, starting December 18 through January 1st MEETINGS OF INTEREST October 1 Staff attended the Annual Legislative Summit sponsored bythe Temecula Chamber of Commerce located at Pechanga Resort and Casino. October 2 Staff attended Brandman University's (part of Chapman Unveristy) ribbon cutting. October 15 Staff organized a Local Broker Forum focusing on "Deciphering our Development Code Planning and Building Department representatives walked local brokers through our process. City Council Member Chuck Washington was present. October 21 the City of Temecula had an informational booth at the 18 Annual Business Health Expo sponsored by the Temecula Chamber of Commerce. October 22 Staff attended the American AgCredit Union ribbon cutting. November 2n and 9 Staff along with the SW Riverside EDC, San Diego North EDC, other local cities including some San Diego cities met to discuss the possibility of collaborating on a Economic Development Strategy document (CEDS) that will allow for each of the organizations to apply for future federal economic development funding. November 5 Staff attended the Susan G. Komen Sponsor Appreciation dinner and accepted a sponsorship plaque. November 10 Staff organized and led a City Hall tour and vendor training for the Valley Young Professional Group (VYPER). November 16 Staff attended the EDC Executive Board of Directors Meeting.