Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
041310 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 ll] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 13, 2010 — 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 meetinq. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant: The title of the litigation is Daniel D. Sorenson vs. City of Temecula, et. al. Riverside County Superior Court Case No. RIC 526355 (tort damages litigation). 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property' owned by the Temecula Redevelopment Agency consisting of approximately 19.7 acres (part of APN 909- 370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Temecula Water. Park L.P. (aka Clearwater Development) and the Temecula Redevelopment Agency. Negotiators for the Temecula Redevelopment Agency are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation is an amendment to the purchase and sale agreement concerning the terms of the sale of the property. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to one matter of potential litigation. With respect to such matter, the City Council will meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(b) to discuss potential litigation arising from this matter. The City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. Public Information concerning existing litigation between the City and various parties maybe acquired by, reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 10-08 Resolution: 10-29 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jacob Dunford Invocation: Pastor Bill Rench of Calvary Baptist Church of Temecula Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Rotary Club of Temecula Child Abuse Prevention Month Proclamation Certificate of Congratulations — Rancho Jumpers 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 March 23, 2010. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10- 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 February 28, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2010 5 Energy Efficiency and Conservation Block Grant Funds RECOMMENDATION: 5.1 Receive and file. 6 Mary Phillips Senior Center Parking Lot Lease RECOMMENDATION: 6.1 Approve the Parking Lot Lease with the State of California for the Mary Phillips Senior Center effective through March 23, 2018. 7 RECOMMENDATION: K 7.1 Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064; 7.2 Accept substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23064; 7.3 Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23064; 7.4 Direct the City Clerk to so advise the developer and surety. 8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs, FY 2009-10 - Project No. PW 10-02 RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs, FY 2009-10 — Project No. PW 10-02. 9 Authorize Temporary and Partial Street Closures for the 2010 Temecula Rotary Club Triathlon (within the Redhawk Area) RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the '2010 TEMECULA ROTARY CLUB TRIATHLON EVENT'. 10 Police Department Asset Forfeiture Account Purchases RECOMMENDATION: 10.1 Approve the purchase of Police equipment for a total amount of $5,300 with asset forfeiture funds held by the County of Riverside Sheriff's Department. 11 Second Amendment to Agreement for Plan Check Review Services with Tom Haney for FY 2009-10 RECOMMENDATION: 11.1 Approve a Second Amendment to the agreement for Plan Check Review Services with Tom Haney in the amount of $5,500 for a total agreement amount of $65,500. 12 Approve the Sponsorship Request for the 2010 Temecula Valley International Film and Music Festival RECOMMENDATION: 12.1 Approve the Event Sponsorship Agreement in the amount of $45,900 for the 2010 Temecula Valley International Film and Music Festival and authorize the Mayor to execute the Agreement. 13 Award a contract for the Old Town Civic Center (OTCC) Audiovisual Project RECOMMENDATION: 13.1 Award a contract with Western Audio Visual Corp. for the Old Town Civic Center Audiovisual project in the amount of $869,545.57 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $86,955, which is equal to 10% of the contract amount. 14 Second Reading of Ordinance No. 10-07 RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM "GRANNY FLAT," REVISE GUEST HOUSE REQUIREMENTS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LONG RANGE PLANNING PROJECT NO. LR09-0001) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 10-01 Resolution: No. CSD 10-02 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of March 23, 2010. 16 TCSD Proposed Rates and Charges for FY 2010-2011 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. CSD 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2010-2011 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 17 4th of July Fireworks Presentation RECOMMENDATION: 17.1 Approve a five-year Agreement between the City of Temecula and Pyro Spectaculars, Inc. to provide fireworks presentations in an amount not to exceed $34,500 annually, plus a 10% contingency. 18 Community Services Guide to Leisure Activities Brochure RECOMMENDATION: 18.1 Award a contract to San Dieguito Printers for the printing services necessary to produce six (6) issues of the Guide to Leisure Activities Brochures over a three (3) year period. The cost of printing the brochure is $30,260 annually, plus a contingency of 10% or $3,026 annually. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 27, 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. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 10-01 Resolution: No. RDA 10-04 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar 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 19 Action Minutes RECOMMENDATION: 19.1 Approve the action minutes of March 23, 2010. 20 Approval of a Loan Agreement for Facade Improvements at the Emporium Center RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE "FACADE IMPROVEMENT GRANT AND LOAN AGREEMENT AFFECTING REAL PROPERTY AT 42050 MAIN STREET, TEMECULA" BETWEEN THE AGENCY AND HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, April 27, 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. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 21 Amendment to Chapter 2.56 of the Temecula Municipal Code Relating to Emergency Organization and Functions (at the Request of Council Member Edwards) RECOMMENDATION: 21.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.56 OF THE TEMECULA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 27, 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. 10 PRESENTATIONS City of Temecula Certificate of Appreciation Presented on behalf of the City Council and the citizens of the City of Temecula to: Rotary Club of Temecula for their generous sponsorship of the Temecula Special Games. Their donation of time and talent to run all 39 games stations with 43 Rotarian volunteers and their generosity of $5,000 made this event a success. The City is indebted to the Rotarians for their selfless volunteerism in the City. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this thirteenth day of April, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, children deserve a safe, stable, and permanent home in order to become productive members of our society; and WHEREAS, child abuse is found in families of all social and economic classes, and every racial and ethnic group; and WHEREAS, child abuse impacts the entire community and finding solutions depends on community involvementto nurture family growth and inspire future generations; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, through the continued work of volunteers, parents, community partners, policy makers, and professionals, child abuse may be eradicated, giving our children a bright, successful future; and WHEREAS, Prevent Child Abuse Riverside County works in collaboration with the Department of Public Social Services to educate the public to reduce the incidence of child abuse and provide other services to help alleviate its effects; and WHEREAS, all citizens should become more aware of child abuse and its prevention within the community and become more involved in supporting parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, 1, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim the month of April, 2010, to be "Child Abuse Prevention Month" and urge all residents to become more aware of this Nationwide problem and to take necessary action to prevent child abuse in their communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this thirteenth day of April, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk rjr The City of Temecula Certificate of Congratulations Presented To: Rancho Jumpers The City Council of the City of Temecula would like to congratulate you for promoting healthy and wholesome activity for children in Temecula. Teaching skills in jump roping not only improves overall health, but also develops social skills and provides our youth with a positive outlet for their time and talents. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this thirteenth day of April, 2010. Jeff Comerchero, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 23, 2010 — 7:00 PM 6:00 P.M. - Closed Session of the pursuant to Government Code Section: a 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Daniel D. Sorenson vs. City of Temecula, et. al. Riverside County Superior Court Case No. RIC 526355 (tort damages litigation). 2) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Comerchero called the Closed Session meeting to order. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Jordan Koford Invocation: Pastor Dominic Rivkin of Trinity Lutheran Church Flag Salute: Council Member Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Welcome Home Vietnam Veterans Day Proclamation To honor those Vietnam Veterans in attendance. a short recess was taken. California State University San Marcos Month in Temecula Proclamation 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Douglas Lanphere - Qualified Patients Resource — Center -Coop • Lorraine Harrington - Rancho California Horsemen's Association — Benefit for Autism and local Trail groups • Margaret Rich - Green Acres Interactive Therapy (GAIT) — the Horse Boy Project • Todd Warden - Lawnmower Exchange through the Air Quality Management District • Tom Stobba - Vandalism in neighborhoods CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of March 9, 2010. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Council authorization to apply for a Caltrans Multiiurisdictional Transportation Planning Grant - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 10-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING TEMECULA AS THE RECIPIENT, AND THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) AS THE SUB - RECIPIENT FOR PURPOSES OF SUBMITTING A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT OF A MULTIJURISDICTIONAL CORRIDOR PLANNING PROGRAM 5 Acceptance of Improvements and Notice of Completion for Pechanga Parkway Phase II Street Improvements — Project No. PW99-11- Approved Staff Recommendation (5-0- 0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Accept the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11 as complete; 5.2 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; 5.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 6 Refect all Construction Bids for the Citywide Slurry Seal Project FY2009-10, Roripaugh Hills Estates, Campos Verdes Tract and Nicholas Valley Areas — Project No. PW09-06 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Reject all Construction Bids for the Citywide Slurry Seal Project for FY2009-10, Roripaugh Hills Estates, Campos Verdes Tract and Nicolas Valley Areas, Project No. PW09-06; 6.2 Authorize Staff to Re -advertise the Citywide Slurry Seal Project FY 2009-10, Roripaugh Hills Estates, Campos Verdes Tract and Nicolas Valley Areas, Project No. PW09-06 for Construction Bids. 7 Acceptance of Improvements and Notice of Completion for DePortola Road Pavement Rehabilitation — Project No. PW06-10 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Accept the construction of the De Portola Road Pavement Rehabilitation Project, Project No. PW 06-10, as complete; 7.2 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; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Resolution of Support for District Attorney's Office Enforcement of Existing Violent Sexual Offender Laws (at the request of Mayor Comerchero and Council Member Na ar) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 10-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE COMBINED EFFORTS OF THE TEMECULA POLICE DEPARTMENT AND THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE FOR STRICT ENFORCEMENT OF EXISTING VIOLENT SEXUAL OFFENDER LAWS PUBLIC HEARING 16 An Ordinance of the City Council of the City of Temecula amending portions of Title 17 of the Temecula Municipal Code (Long Range Planning Project No. LR09-0001) - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM "GRANNY FLAT," REVISE GUEST HOUSE REQUIREMENTS AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LONG RANGE PLANNING PROJECT NO. LR09-0001) Junior Planner Lowrey presented the staff report (as per agenda material). There being no public input, the public hearing was closed. City Attorney Thorson introduced and read by title only Ordinance No. 10-07. CITY COUNCIL BUSINESS 17 Second Reading of Ordinance No. 10-06/Implementation of Existing 2008 Memorandum of Understanding (MOU) Contract Provision - PERS Contract Amendment/Early Retirement Option - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 17.1 Waive further reading and adopt an ordinance entitled: ORDINANCE NO. 10-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 17.2 Adopt a resolution entitled: RESOLUTION NO. 10-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT 17.3 Certify PERS Form CON -12, Certification of Governing Body's Action; 17.4 Certify PERS Form CON -12A, Certification of Compliance with Government Code Section 7507; 17.5 Certify PERS Form, Certification of Compliance with Government Code Section 20903. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to the Closed Session item, City Attorney Thorson advised that there was no action to report. ADJOURNMENT At 8:51 P.M., the City Council meeting was formally adjourned to Tuesday, April 13, 2010, 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: Susan W. Jones, MMC City Clerk [SEAL] 0 Jeff Comerchero, Mayor Item No. 3 Approvals City Attorney /V Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 13, 2010 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,820,930.99. 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 13th day of April, 2010. Jeff Comerchero, Mayor r_T40r:61n Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2010, by the following vote: F-Ayd:.�Ko1l1►[MIN diIAdi1:l4:63 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/18/2010 TOTAL CHECK RUN $ 2,054,858.42 03/25/2010 TOTAL CHECK RUN 883,100.18 04/01/2010 TOTAL CHECK RUN 1,016,558.50 03/18/2010 TOTAL PAYROLL RUN: 422,428.50 04/01/2010 TOTAL PAYROLL RUN: 443,985.39 TOTAL LIST OF DEMANDS FOR 04/13/2010 COUNCIL MEETING: $ 4,820,930.99 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,221,448.52 165 AFFORDABLE HOUSING 30,125.20 190 TEMECULA COMMUNITY SERVICES DISTRICT 451,331.74 192 TCSD SERVICE LEVEL B 75,341.60 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 71,021.69 194 TCSD SERVICE LEVEL D 2,578.94 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 10,769.57 197 TEMECULA LIBRARY FUND 20,674.93 210 CAPITAL IMPROVEMENT PROJECTS FUND 996,143.25 280 REDEVELOPMENT AGENCY - CIP PROJECT 83,051.08 300 INSURANCE FUND 322,160.64 320 INFORMATION SYSTEMS 140,347.20 330 SUPPORT SERVICES 22,064.67 340 FACILITIES 21,063.83 390 TCSD DEBT SERVICE 104,845.00 460 CFD 88-12 DEBT SERVICE FUND 1,456.20 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 86,947.15 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 125,670.22 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 3,822.14 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 125,626.25 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 26,698.83 477 CFD- RORIPAUGH 4,000.10 700 CERBT CALIFORNIA BE RETIREE-GASB45 7,328.35 $ 3,954,517.10 001 GENERAL FUND $ 525,449.08 165 AFFORDABLE HOUSING 15,062.38 190 TEMECULA COMMUNITY SERVICES DISTRICT 212,852.01 192 TCSD SERVICE LEVEL B 272.50 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 6,880.46 194 TCSD SERVICE LEVEL D 2,676.18 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,478.68 197 TEMECULA LIBRARY FUND 844.78 280 REDEVELOPMENT AGENCY - CIP PROJECT 8,312.25 300 INSURANCE FUND 2,632.66 320 INFORMATION SYSTEMS 46,358.73 330 SUPPORT SERVICES 12,173.53 340 FACILITIES 18,431.21 700 CERBT CALIFORNIA BE RETIREE-GASB45 11,989.44 866,413.89 TOTAL BY FUND: $ 4,820,930.99 apChkLst Final Check List Page: 1 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1437 03/18/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,191.02 2,191.02 SOLUTION 1438 03/18/2010 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 553.84 553.84 1439 03/18/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 112,687.94 112,687.94 RETIREMENT) 1440 03/18/2010 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 12,962.11 12,962.11 SOLUTION 1441 03/18/2010 000283 INSTATAX(IRS) Federal Income Taxes Payment 76,928.11 76,928.11 1442 03/18/2010 000444 INSTATAX (EDD) State Disability Ins Payment 24,112.01 24,112.01 1443 03/18/2010 005460 U S BANK secured property tax pmt 361,880.74 361,880.74 137533 03/18/2010 010904 AFECO INC thermal imaging cameras:Stn73/84 16,375.51 16,375.51 137534 03/18/2010 006915 ALLIE'S PARTY EQUIPMENT equip rental:father/daughter 2/13 59.71 59.71 137535 03/18/2010 012943 ALPHA MECHANICAL SERVICE HVAC repair: TCC 535.53 INC HVAC repair: Fld Op Ctr 192.50 HVAC repair: Maint Facility 457.75 HVAC repair: CRC 209.87 HVAC repair: CRC 568.75 HVAC repair: Maint Facility 136.62 2,101.02 137536 03/18/2010 013015 ALWAYS RELIABLE BACKFLOW backflowtesting:parks/medians 550.00 550.00 137537 03/18/2010 012985 ANDERSON & HOWARD Feb Cabling Install: Civic Center 132,815.12 132,815.12 ELECTRIC INC 137538 03/18/2010 012951 APPLIED DEVELOPMENT Feb Cnslt Svcs: Quality Of Life Plan 2,301.65 2,301.65 ECONOMICS 137539 03/18/2010 002648 AUTO CLUB OF SOUTHERN CALIF AAA service call: TCSD 60.00 Membership: 69686154 DH 47.00 107.00 137540 03/18/2010 004205 BALLET FOLKLORICO TCSD Instructor Earnings 192.50 192.50 Page:1 apChkLst Final Check List Page: 2 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137541 03/18/2010 002541 BECKER CONSTRUCTION SRVS guardrail repair: Btrfld Stage Rd 2,276.00 2,276.00 INC 137542 03/18/2010 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 608.00 DUI & drug screenings: Police 882.60 1,490.60 137543 03/18/2010 004380 BOY SCOUTS OF AMERICA Refund:Sec Dep:Kitchen Rental TCC 150.00 150.00 137544 03/18/2010 011833 BRANSON, NANCY Entertainment: Bluegrass Festival 400.00 400.00 137545 03/18/2010 000128 BROWN & BROWN OF CALIF INC Plcy DICO22610 2/10.2/11: Earthquake 179,818.50 bond 68712337 3/10-3/11:Jones, S 350.00 180,168.50 137546 03/18/2010 013456 BURKETT, RICHARD Entertainment: Bluegrass Festival 300.00 300.00 137547 03/18/2010 010817 BURNS, DAVID Performance: Bluegrass Festival 1,200.00 1,200.00 137548 03/18/2010 009082 C B C TECHNICAL INC misc supplies: Theater 129.19 129.19 137549 03/18/2010 003138 CAL MAT PW patch truck materials 89.18 PW patch truck materials 206.06 PW patch truck materials 200.67 PW patch truck materials 202.02 PW patch truck materials 107.12 805.05 137550 03/18/2010 005321 CALIF ASSOC OF CODE CACEO mbrshp 2 yr prorated:Clark, M 62.50 62.50 137551 03/18/2010 004248 CALIF DEPT OF DUI & drug screenings: Police 1,470.00 1,470.00 JUSTICE-ACCTING 137552 03/18/2010 013458 CAMARENA, EDWARD refund:sec dep:rm rental TCC 150.00 150.00 137553 03/18/2010 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 43.96 43.96 137554 03/18/2010 004896 CAPLINGER, DENNIS F. Performance: Bluegrass Festival 3,500.00 3,500.00 137555 03/18/2010 000131 CARL WARREN & COMPANY INC Feb liability claims mgmt:finance 6,985.81 6,985.81 137556 03/18/2010 004381 CENTER FOR HEALTHCARE cprtrn 4/19-21:Matheus/Pecore/Diiullo 1,425.00 1,425.00 Page2 apChkLst Final Check List Page: 3 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137557 03/18/2010 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,321.37 1,321.37 137558 03/18/2010 005708 CLEAR CHANNEL radio advertisements: theater 240.00 240.00 BROADCASTING INC 137559 03/18/2010 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 91.00 91.00 137560 03/18/2010 000442 COMPUTER ALERT SYSTEMS Apr-Jun alarm monitoring:citywide 4,755.00 4,755.00 137561 03/18/2010 006303 CONDUIT NETWORKS, INC telephone supplies: City Hall 115.28 computer supplies: City Hall 2,813.35 2,928.63 137562 03/18/2010 004329 COSTCO WHOLESALE CORP maint supplies: Stn 84 268.34 268.34 137563 03/18/2010 010650 CRAFTSMEN PLUMBING & HVAC plumbing repairs: Stn 84 145.00 145.00 INC 137564 03/18/2010 008810 CROSSTOWN ELECTRICAL & Dec const svcs:closed circuit install 6,264.00 DATA credit: billing adj inv exceeds -214.20 6,049.80 137565 03/18/2010 004408 CUB SCOUT PACK refund:sec dep:rm rental CRC 150.00 150.00 137566 03/18/2010 003272 DAISYWHEEL RIBBON COMPANY plotter supplies & ink: GIS 257.86 257.86 INC 137567 03/18/2010 001393 DATA TICKET INC Feb parking citation svcs: Police 1,455.30 1,455.30 137568 03/18/2010 012600 DAVID EVANS & ASSOCIATES INC Jan cnslt svcs: Butterfield Stg Rd 77,789.88 77,789.88 137569 03/18/2010 003962 DAVID NEAULT ASSOCIATES INC Feb landscape insp svc: 79 N 390.00 390.00 137570 03/18/2010 002990 DAVID TURCH&ASSOCIATES Feb-Mar federal lobbyist svc:CM 7,000.00 7,000.00 137571 03/18/2010 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 315.00 TCSD instructor earnings 472.50 TCSD instructor earnings 210.00 TCSD instructor earnings 210.00 1,207.50 137572 03/18/2010 006150 DIALOGIC COMMUNICATIONS software maint:communicator NXT 5,202.00 CORP. software maint: mass call 8,500.00 13,702.00 Page3 apChkLst 03/18/2010 011922 Final Check List 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor FIRST BANKCARD CENTER Description 137573 03/18/2010 004222 DIAMONDBACK FIRE & RESCUE, equipment repair: Stn 73 SJ meal: Council closed session 2/9 INC 137574 03/18/2010 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 011967 FULL VALUE ENTERTAINMENT AILEEN TCSD Instructor Earnings 137584 03/18/2010 007866 TCSD Instructor Earnings Ink/Toner Cartridges: Info Sys TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 137575 03/18/2010 000161 EDEN SYSTEMS INC software maint: EDEN financial sys 137576 03/18/2010 003665 EXCEL COMMERCIAL 137577 03/18/2010 001056 EXCEL LANDSCAPE 137578 03/18/2010 000165 FEDERAL EXPRESS INC 137579 03/18/2010 000206 FEDEX KINKOS INC 137580 03/18/2010 003747 FINEARTSNETWORK Feb long distance phone svcs Feb landscape maint:South slopes Feb landscape maint:North slopes Feb landscape maint:Medians Feb landscape maint:Parks/Schools Feb landscape maint:City Facilities 2/4-23 city express mail services Misc Supplies:Central Services sttlmnt: Dear Edwina 3/5-3/7 137581 03/18/2010 011922 FIRST AMERICAN CORELOGIC Feb web dbase subscr:Code Enf INC 137582 03/18/2010 003347 FIRST BANKCARD CENTER VILLAGE JAVA COFFEE SHOP SJ meal: Council closed session 2/9 SWEET LUMPY BBQ LLC SJ meal: Council closed session 3/9 137583 03/18/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 3/12 sttlmnt: Live at the Merc 3/5 137584 03/18/2010 007866 GCS SUPPLIES INC Ink/Toner Cartridges: Info Sys 137585 03/18/2010 010326 G E MOBILE WATER, INC Jan maint osmosis wshr:Stn 73 Jan rent osmosis washer: Stn 73 Mar rent/maint osmosis wshrStn73 137586 03/18/2010 001937 GALLS INC uniforms:police motorcycle unit uniforms:police volunteers Amount Paid 568.23 262.50 283.50 115.50 31.50 136.50 52.50 36,013.61 53.38 39,158.00 21,860.00 16,487.00 43,040.00 9,685.00 sir)bY:' 39.11 914.60 12.00 216.33 251.71 178.50 31.50 133.76 57.00 26.10 147.27 70.88 3.00 Page: 4 Check Total 568.23 882.00 36,013.61 53.38 130,230.00 307.58 39.11 914.60 12.00 468.04 210.00 133.76 230.37 73.88 Page:4 apChkLst Final Check List Page: 5 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137587 03/18/2010 013371 GERI-FIT COMPANY LTD wellness presentation: MPSC 100.00 100.00 137588 03/18/2010 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 2,316.41 2,316.41 INC 137589 03/18/2010 013464 GO, EMILITA C. refund:sec dep:rm rental:mpsc 150.00 150.00 137590 03/18/2010 011883 GOOGLE INC. data access:Google Earth Pro 1,200.00 1,200.00 137591 03/18/2010 003792 GRAINGER misc tools/equip: Police 90.40 90.40 137592 03/18/2010 000186 HANKS HARDWARE INC Hardware supplies: TCSD Parks 986.30 986.30 137593 03/18/2010 012748 HARDY & HARPER INC Final Const:Deportola Pave Rehab 145,830.25 145,830.25 137594 03/18/2010 003299 HAYES, BARNEY Performance: bluegrass festival 400.00 400.00 137595 03/18/2010 001135 HEALTHPOINTE MEDICAL GROUP employee industrial care svcs:HR 45.00 45.00 INC 137596 03/18/2010 013391 HIRSCH & ASSOCIATES INC Feb cnslt secs: Butterfield Stg Rd 4,230.00 4,230.00 137597 03/18/2010 010210 HOME DEPOT SUPPLY INC, THE misc tools/equip: various parks 95.72 95.72 137598 03/18/2010 013452 HUNT, TERRY L Entertainment: Bluegrass Festival 2,000.00 7% non-resident withholding tax -140.00 1,860.00 137599 03/18/2010 000194 1 C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 5,922.86 5,922.86 303355 137600 03/18/2010 003266 IRON MOUNTAIN OFFSITE Feb storage:City/IS backup tape 352.92 352.92 137601 03/18/2010 010412 JOHNSON POWER SYSTEMS generator maint: CRC 245.00 generator maint: Stn 73 245.00 generator maint: Stn 92 245.00 generator maint: Stn 84 245.00 generator maint: Fld Op Ctr 245.00 generator maint: Library 245.00 1,470.00 137602 03/18/2010 013460 KENNEDY, KRISTINE repmt of fees:dog house classes 20.00 20.00 Pages apChkLst 03/18/2010 3:44:52PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137603 03/18/2010 013465 KIWANIS CLUB OF TEMECULA refund:sec dep:rm rental CRC 150.00 150.00 137604 03/18/2010 013459 KNIERIM, ANGIE refund:picnic rental:temeku hills prk 48.00 48.00 137605 03/18/2010 001282 KNORR SYSTEMS INC misc parts: CRC/TES pools 239.93 239.93 137606 03/18/2010 012422 KRONQUIST, MATHEW addt'I lighting/trees: town square 1,080.00 1,080.00 137607 03/18/2010 013444 L & H PAINTING Residential Impr Pgrm: Elder 1,580.00 1,580.00 137608 03/18/2010 013463 LEON, TRACY refund:sec dep:rm rental:mpsc 150.00 150.00 137609 03/18/2010 004905 LIEBERT, CASSIDY & WHITMORE Oct HR legal svcs for TE060.09 735.25 Nov HR legal svcs for TE060.09 243.00 Dec HR legal svcs for TE060.09 244.24 1,222.49 137610 03/18/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 104.34 medical supplies: Paramedics 216.10 medical supplies: Paramedics 112.81 433.25 137611 03/18/2010 013466 LOPEZ, DESIREE refund:sec dep:rm rental CRC 150.00 150.00 137612 03/18/2010 009263 LOWES HIW INC credit: returned material by TCSD -5.66 misc supplies:rrsp eagle scout proj 500.00 494.34 137613 03/18/2010 004087 LOWES INC microwave: Stn 73 103.14 103.14 137614 03/18/2010 004803 MAPLOGIC CORPORATION Software maint:map Logic 4/10-4/11 625.00 625.00 137615 03/18/2010 000217 MARGARITA OFFICIALS ASSN Feb officiating srvcs:csd sports pgrms 385.00 385.00 137616 03/18/2010 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings 465.50 TCSD Instructor Earnings 598.50 TCSD Instructor Earnings 665.00 TCSD Instructor Earnings 532.00 TCSD Instructor Earnings 731.50 TCSD Instructor Earnings 731.50 TCSD Instructor Earnings 598.50 TCSD Instructor Earnings 598.50 TCSD Instructor Earnings 997.50 TCSD Instructor Earnings 465.50 6,384.00 Pages apChkLst 03/18/2010 3:44:52PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137617 03/18/2010 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 560.00 TCSD Instructor Earnings 224.00 1,414.00 137618 03/18/2010 007210 MIDORI GARDENS Feb Idscp maint srvcs:var parks 70,105.00 70,105.00 137619 03/18/2010 001868 MIYAMOTO-JURKOSKY, SUSAN A. TCSD Instructor Earnings 453.60 TCSD Instructor Earnings 340.20 TCSD Instructor Earnings 453.60 TCSD Instructor Earnings 436.80 1,684.20 137620 03/18/2010 001892 MOBILE MODULAR 2/22-3/23 modular bldg rental:OATC 619.88 619.88 137621 03/18/2010 013004 MOBILE TRUCK SERVICE INC Veh repair& maint:pw maint div 537.05 credit:billing adjustment -19.94 517.11 137622 03/18/2010 012787 MOREHOUSE, JACK W. entertainment:bluegrass festival 3/20-21 700.00 700.00 137623 03/18/2010 013453 MUNDE, ALAN Entertainment: Bluegrass Festival 3/20-21 3,720.00 3,720.00 137624 03/18/2010 002925 NAPA AUTO PARTS Vehicle Maint Supplies: Sta 12 36.51 Vehicle Maint Supplies: Paramedics 47.87 Vehicle Maint Supplies: Paramedics 48.07 132.45 137625 03/18/2010 008820 NEIGHBORS NEWSPAPER Mar advertising: Bluegrass Festival 250.00 250.00 137626 03/18/2010 000233 NELSON, SHAWN reimb: Mar '10 internet services 44.99 44.99 137627 03/18/2010 002139 NORTH COUNTY TIMES Feb public mc ads:PW/Pln/City Clerk 573.10 Feb advertising:temecula special games 323.82 896.92 137628 03/18/2010 002139 NORTH COUNTY TIMES 1 yr subscr:City Mgr ofc 124623 126.00 126.00 137629 03/18/2010 002139 NORTH COUNTY TIMES Feb newspaper subscr:mpsc 26.00 26.00 137630 03/18/2010 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children's museum 12.55 DIV Misc office supplies:children's museum 4.25 16.80 137631 03/18/2010 013447 OHLIN SALES INC Batteries:park ranger PD radios 85.70 85.70 137632 03/18/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs Code Enf 231.41 231.41 Page:7 apChkLst Final Check List Page: 8 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137633 03/18/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: B&S 161.67 161.67 137634 03/18/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: PW Maint 36.57 City Vehicle Maint Svcs:PW Maint 36.57 73.14 137635 03/18/2010 005656 PAPA cucamonga papa sem:5/5 M.Wechec 70.00 70.00 137636 03/18/2010 002800 PACIFIC STRIPING INC Dec Street Striping program 21,618.14 21,618.14 137637 03/18/2010 000246 PERS (EMPLOYEES' PERS Valuation Fee HR 200.00 200.00 RETIREMENT) 137638 03/18/2010 001958 PERS LONG TERM CARE PERS Long Term Care Payment 169.04 169.04 PROGRAM 137639 03/18/2010 010338 POOL & ELECTRICAL PRODUCTS Misc pool supplies:aquatics pgrm 438.10 INC Supplies & chemicals:town sq fountain 17.55 455.65 137640 03/18/2010 012689 POTTY TOTS LLC TCSD Instructor Earnings 119.70 119.70 137641 03/18/2010 004529 QUAID TEMECULA Feb motorcycle repair & maint:pd 2,912.64 2,912.64 HARLEY-DAVIDSON 137642 03/18/2010 013461 RALSTON MANAGEMENT refund:rm rental:Library 24.00 24.00 137643 03/18/2010 002654 RANCHO FORD LINCOLN Veh repair & maint:fre prevention 534.18 MERCURY Vehicle Repair: Stn 84 365.29 899.47 137644 03/18/2010 000907 RANCHO TEMECULA CAR WASH Feb City vehicle detailing srvcs:var 73.50 73.50 137645 03/18/2010 000271 RBF CONSULTING Jan eng srvcs:1-15/SR-79 Ult. Intrchg 167,055.53 Jan Eng & Ldscp Dsgn:Sr79 Corridor 2,322.36 169,377.89 137646 03/18/2010 003591 RENES COMMERCIAL Weed abatement:citywide 7,750.00 7,750.00 MANAGEMENT 137647 03/18/2010 002110 RENTAL SERVICE CORPORATION Tool and equipment rental: PW Maint 24.39 Tool and equipment rental: PW Maint 71.64 96.03 137648 03/18/2010 002412 RICHARDS WATSON & GERSHON Jan 2010 legal services 88,335.49 88,335.49 137649 03/18/2010 013462 RODELA, ROSALINDA refund:sec dep:rm rental:mpsc 150.00 150.00 Pageb apChkLst Final Check List Page: 9 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137650 03/18/2010 013467 SAN DIEGO SPORTS refund:field dep:tournament:pbsp 1,000.00 1,000.00 CONSULTING 137651 03/18/2010 009980 SANBORN, GWYN Country @ the Merc 03/13/10 286.50 Country @ the Merc 03/06/10 271.50 558.00 137652 03/18/2010 008529 SHERIFF'S CIVIL DIV- CENTRAL Support Payment 200.00 200.00 137653 03/18/2010 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 100.00 100.00 137654 03/18/2010 004460 SILVERADO BLUEGRASS BAND Performance: Bluegrass Festival 3/20-21 2,000.00 2,000.00 137655 03/18/2010 000645 SMART & FINAL INC Recreation supplies:dog house pgmi 88.54 88.54 137656 03/18/2010 000537 SO CALIF EDISON Mar 2-28-171-2620:40820 winchester 686.54 Mar 2-20-798-3248:42081 main st 810.60 Mar 2-30.608-9384:28582 harveston 355.84 Mar 2-10.331-2153:28816 pujol 593.15 Mar 2-31-419-2659:26706 ynez TC1 87.29 Feb 2-01-202-7330:var LS-1 allnite 75,067.05 Feb 2-01-202-7603: arterial stlt 26,348.48 Feb 2-05-791-8807:31587 tem pkwy 10,036.37 113,985.32 137657 03/18/2010 012652 SOUTHERN CALIFORNIA Feb 0141/08392593/9306:prkg struct 1,429.55 1,429.55 137658 03/18/2010 005786 SPRINT Jan 26 - Feb 25 cellular usage/equip 5,913.42 5,913.42 137659 03/18/2010 006145 STENO SOLUTIONS Feb transcription srvcs: Police 681.66 681.66 TRANSCRIPTION 137660 03/18/2010 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 537.60 1,209.60 137661 03/18/2010 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 63.00 63.00 137662 03/18/2010 011667 T & T JANITORIAL INC Feb janitorial srvcs:police storefront 790.00 Feb janitorial srvcs:City facilities 7,073.83 7,863.83 137663 03/18/2010 003599 T Y LIN INTERNATIONAL Jan Prof Srvcs:Western Bypass Bridge 21,701.66 21,701.66 137664 03/18/2010 013335 TEMECULA ACE HARDWARE INC uniforms:tcsd maint 7.73 7.73 Page9 apChkLst Final Check List Page: 10 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137665 03/18/2010 010679 TEMECULA AUTO Veh repair & maint:Stn 84 832.79 832.79 REPAIR/RADIATOR 137666 03/18/2010 008298 TEMECULA VLY MOTHERS game booth:Halloween Carnival 10/30 150.00 150.00 MULTIPLES 137667 03/18/2010 007187 TEMECULA YOUTH BASEBALL refund:N/S snack bar dep:spring'09 200.00 refund:snack bar dep:harveston 200.00 refund:snack bar dep:RRSP 200.00 600.00 137668 03/18/2010 007636 THERMO ENVIRONMENTAL Gas Monitor Repair Supplies:Sta 73 247.98 247.98 137669 03/18/2010 012000 TRANSAMERICAN AUTO PART CO Vehicle Maint: Fire Prevention 519.80 519.80 LLC 137670 03/18/2010 011805 TUSTIN, CITY OF 2010 membership dues:Agency 275.00 275.00 137672 03/18/2010 002702 U S POSTAL SERVICE Dec'09 postage meter deposit 3,236.34 Jan 10 postage meter deposit 3,216.54 6,452.88 137673 03/18/2010 008517 UNITED SITE SERVICES OF 2/25-3/24 fence rental Main St Bridge 26.65 26.65 CA,INC 137674 03/18/2010 000325 UNITED WAY United Way Charities Payment 62.00 62.00 137675 03/18/2010 008977 VALLEY EVENTS Equip rentals:Temecula special games 1,133.00 1,133.00 137676 03/18/2010 004261 VERIZON Marxxx-3910 gen usageAst st irrig 39.71 Mar xxx-1341 gen usage Theater 454.07 Mar xxx-1941 gen usage:pta cd ttacsd 73.89 Feb xxx-1999 general usage 41.00 608.67 137677 03/18/2010 004789 VERIZON ONLINE Feb Internet Svcs: Library 439.95 439.95 137678 03/18/2010 009101 VISION ONE INC Feb showare ticketing srvcs:theater 1,833.80 1,833.80 137679 03/18/2010 010487 WATSON, LUKE reimb:2/3-3/2 phone usage 40.50 40.50 137680 03/18/2010 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:city facilities 386.13 386.13 137681 03/18/2010 000621 WESTERN RIVERSIDE COUNCIL Feb'10 TUMF Payment 82,680.00 82,680.00 OF Page 10 apChkLst Final Check List Page: 11 03/18/2010 3:44:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137682 03/18/2010 008402 WESTERN RIVERSIDE COUNTY Feb'10 MSHCP payment 14,892.00 14,892.00 137683 03/18/2010 013406 YAIR PORAT Waterless unnals:childrens museum 1,200.00 1,200.00 137684 03/18/2010 012568 ZEBRA TECHNOLOGIES CORP Repair Zebra Printer:Police 240.00 240.00 Grand Total All Checks: 2,054,858.42 Page 11 apChkLst Final Check List Page: 1 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1444 03/23/2010 005460 U S BANK 2001 COP debt service pmt 104,845.00 104,845.00 137685 03/19/2010 012288 RENT A CENTER #4086 Rental:Rhythms Teen Dance 3/20/10 216.78 216.78 137686 03/25/2010 010851 ADAMIAK, DAWN reimb:Easter egg hunt supplies 897.82 897.82 137687 03/25/2010 008698 ADVANCED APPLIED Feb eng design:79S park & ride 1,865.00 1,865.00 ENGINEERING 137688 03/25/2010 004767 ALERT ALL CORPORATION Educational Materials: Fire Prev 1,903.13 1,903.13 137689 03/25/2010 012943 ALPHA MECHANICAL SERVICE diagnostic inspection: city hall 328.94 328.94 INC 137690 03/25/2010 013015 ALWAYS RELIABLE BACKFLOW Backflow Test: Vintage Hills 308.00 Backflow Test: Wolf Creek 5-28 374.00 Backflow Test: Old Town 110.00 Backflow Test: Temeku Hills 264.00 Backflow Test: Rncho Highlands 154.00 Backflow Test: Signet Series 440.00 Backflow Test: Presley 5-13 132.00 Backflow Test: Campos Verdes 330.00 Backflow Test: Gallery Traditions 22.00 Backflow Test: TCC 44.00 2,178.00 137691 03/25/2010 004240 AMERICAN FORENSIC NURSES Feb Phlebotomy svcs:police 306.50 (AFN) Feb Phlebotomy svcs:police 197.50 504.00 137692 03/25/2010 000747 AMERICAN PLANNING 4/1/10-3/31/11 APA MB:HARTER,S. 50.00 ASSOCIATION 4/1/10-3/31/11 APA MB:CAREY, C. 50.00 4/1/10-3/31/11 APA MB MIGHT, P. 50.00 4/1/10-3/31/11 APA MB:LECOMTE,K 275.00 4/1/10-3/31/11 APA MB JONES, E. 275.00 4/1/10-3/31/11 APA MB:JOHNSON,R 400.00 1,100.00 137693 03/25/2010 002187 ANIMAL FRIENDS OF THE Feb animal control services 13,000.00 13,000.00 VALLEYS 137694 03/25/2010 002648 AUTO CLUB OF SOUTHERN CALIF membership:Tidwell, Rodney 76.00 76.00 137695 03/25/2010 010354 BATTERIES PLUS #316 oper supplies:OT Theater 108.75 oper supplies:OT Theater 21.92 130.67 Page:1 apChkLst Final Check List Page: 2 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137696 03/25/2010 004262 BIO-TOX LABORATORIES DUI & drug lab testing svcs:police 496.51 496.51 137697 03/25/2010 013380 BIRTH, BREASTFEEDING & TCSD instructor earnings 140.00 140.00 BEYOND 137698 03/25/2010 005384 BOYZ refreshments: cm lunch meetings 99.18 99.18 137699 03/25/2010 011421 BRODART COMPANY books Tern Public Library 978.42 978.42 137700 03/25/2010 000128 BROWN & BROWN OF CALIF INC Ins. policy renewal 2/26/10-2/26/11 95,572.00 95,572.00 137701 03/25/2010 009082 C B C TECHNICAL INC misc supplies: Theater 213.37 rental of lights: teen dances 67.00 280.37 137702 03/25/2010 001159 CALIF DEPT OF JUSTICE Feb Fingerprinting Svc:HR 4,477.00 4,477.00 137703 03/25/2010 004971 CANON FINANCIAL SERVICES, Mar City Facilities copier lease 4,759.86 4,759.86 INC 137704 03/25/2010 003775 CHAPARRAL HIGH SCHOOL Comm Svc Funding:grad night 2010 1,250.00 1,250.00 137705 03/25/2010 004609 CINTAS DOCUMENT document shredding svcs:citywide 57.76 57.76 MANAGEMENT 137706 03/25/2010 002945 CONSOLIDATED ELECTRICAL Electrical Supplies:Var Parks 157.33 DIST. Electrical Supplies:Var Parks 41.33 198.66 137707 03/25/2010 001264 COSTCO WHOLESALE artist hospitality supplies: Theater 48.65 recogn supplies:March ee Lunch 480.21 artist hospitality supplies: Theater 27.92 K-9 food & supplies:Police 117.47 674.25 137708 03/25/2010 002631 COUNTS UNLIMITED INC traffic counts secs: PW traffic 2,625.00 2,625.00 137709 03/25/2010 012600 DAVID EVANS & ASSOCIATES INC Feb Consult Svcs: Butterfield Rd Ext 61,504.24 61,504.24 137710 03/25/2010 008943 DEPT OF GENERAL SERVICES massage citation hearings:police 4,686.00 4,686.00 (DGS) 137711 03/25/2010 003945 DIAMOND ENVIRONMENTAL Portable Restrooms:OT events 1,122.59 1,122.59 SRVCS Page2 apChkLst Final Check List Page: 3 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 137712 03/25/2010 004417 DISCOUNT SCHOOL SUPPLY (Continued) Description Amount Paid Cultural Arts Program Supplies 238.45 Check Total 238.45 137713 03/25/2010 004192 DOWNS COMMERCIAL FUELING fuel for City vehicles:Code Enf 546.47 INC fuel for City vehicles:B&S 291.00 fuel for City vehicles:TCSD 1,837.63 fuel for City vehicles:TCSD 3/2 22.15 fuel for City vehicles:PW Maint 1,142.11 fuel for City vehicles:PW CIP 207.67 fuel for City vehicles: PW Lnd Dev 378.50 fuel for City vehicles:Police 50.67 fuel for City vehicles:PW Traffic 382.90 4,859.10 137714 03/25/2010 000523 EASTERN MUNICIPAL WATER Svc Appl:Redhwk Prk Improv 5,062.00 5,062.00 DIST 137715 03/25/2010 002390 EASTERN MUNICIPAL WATER Mar water svc:39569 Seraphina Rd 25.48 DIST Mar water svc:39656 Diego Dr 27.54 53.02 137716 03/25/2010 011203 ENVIRONMENTAL CLEANING Marjanitorial svcs:var field locations 5,315.00 5,315.00 137717 03/25/2010 000164 ESGIL CORPORATION Feb plan review svc: B&S Dept 8,136.30 Credit:plan check svcs:B10-0140... -193.22 7,943.08 137718 03/25/2010 004310 FEDEX GROUND INC Feb Express Mail Service 598.22 598.22 137719 03/25/2010 003347 FIRST BANKCARD CENTER CATERERS CAFE GB prof mtg Tangram/NMR 2/18 40.00 PAYPAL TT Verisign Payflow Pro Trans 169.60 AMERICAN REGISTRY FOR TT intemet traffic routing:IS 100.00 INTERNET CONNEXON TELECOM INC TT Telecom acct setup:city hall 3,000.00 AMERICAN COUNCIL OF RJ ACEC Calif guidelines 2010 222.84 3,532.44 137720 03/25/2010 004882 FORTEL TRAFFIC INC V -Calm Speed Display Sign:PW Traf 11,734.13 11,734.13 137721 03/25/2010 000172 GASB GASB 1yr subsc renewal finance 205.00 205.00 137722 03/25/2010 013478 GARCIA, CIRILO refund:sec dep:rm rental CRC 400.00 400.00 137723 03/25/2010 008081 HALL & FOREMAN INC Feb Eng Svc:Santa Gertrudis Crk 486.75 486.75 Page3 apChkLst Final Check List Page: 4 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137724 03/25/2010 000186 HANKS HARDWARE INC ladder 8" step fber:C. Museum 113.39 113.39 137725 03/25/2010 011625 HOLTS, ROBERT sttlemnt:big band swing 3/18 1,504.50 1,504.50 137726 03/25/2010 004406 IGOE & COMPANY INC Marflex benefit plan pmt 220.00 220.00 137727 03/25/2010 004833 IMPERIAL PAVING COMPANY INC R & R Asphalt:N/B Ynez Fm Pauba 75,631.00 R&R Asphalt:N/B Nicholas @ Win 64,985.00 140,616.00 137728 03/25/2010 013200 JAROTH INC Apr pay phone:rda/old town 82.64 82.64 137729 03/25/2010 002424 KELLEY DISPLAY INC Banners Clean/Storage: RDA 269.44 269.44 137730 03/25/2010 001085 L N CURTIS & SONS Fire Rescue Equip:FS #92 351.27 351.27 137731 03/25/2010 011022 LATITUDE GEOGRAPHICS 5/13/10-4/12/11 Sftwre Maint: Lat Geo 3,300.00 3,300.00 GROUPLTD 137732 03/25/2010 001690 LAUTZENHISERS STATIONERY Record Bks/Acid Free Paper:C Clk 1,002.93 1,002.93 INC 137733 03/25/2010 004176 LEVEL 3 COMMUNICATIONS LLC Mar long distance & internet svcs 741.00 741.00 137734 03/25/2010 003726 LIFE ASSIST INC Medical Supplies:Medics 890.98 890.98 137735 03/25/2010 004141 MAINTEX INC Misc supplies:var park sites 2,964.07 Misc supplies:city hall 116.00 3,080.07 137736 03/25/2010 013448 MESA FENCE COMPANY INC Res Impry Prgm:Stoiber, G. 5,303.00 5,303.00 137737 03/25/2010 004951 MIKE'S PRECISION WELDING INC. Welding srvcs:crc 1,350.00 1,350.00 137738 03/25/2010 012580 MINUTEMAN PRESS qty 1500 public mc envelopes: Planning 225.74 225.74 137739 03/25/2010 005887 MOFFATT & NICHOL ENGINEERS Jan Consult Srvcs: F.V.Pkwy Ovrcrss 41,531.33 41,531.33 137740 03/25/2010 001986 MUZAK -SOUTHERN CALIFORNIA Apr media broadcasting signal: FOC 103.66 Apr Music Broadcast:Old Town 69.11 172.77 Page:4 apChkLst Final Check List Page: 5 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137741 03/25/2010 004508 NAGGAR, MICHAEL S. Reimb:Mar internet srvcs 34.99 34.99 137742 03/25/2010 009337 NOLTE ASSOCIATES INC 1/22-2/18 eng dsgn srvcs:ped bridge 717.78 717.78 137743 03/25/2010 009570 O C B REPROGRAPHICS Feb Reprographic Srvcs: TCC Expansion 4,277.38 4,277.38 137744 03/25/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:C.M.Vehicle 271.03 271.03 137745 03/25/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: B&S 72.52 72.52 137746 03/25/2010 001171 ORIENTAL TRADING COMPANY Recreation supplies:crc 95.31 INC Misc supplies:recreation pgrm 360.35 Misc supplies:recreation pgrm 239.70 695.36 137747 03/25/2010 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Earnings 847.00 TCSD Instructor Earnings 784.70 TCSD Instructor Earnings 702.10 TCSD Instructor Earnings 371.70 TCSD Instructor Earnings 654.50 TCSD Instructor Earnings 731.50 4,091.50 137748 03/25/2010 005656 PAPA Cucamonga sem:5/5 K.Harrington 70.00 70.00 137749 03/25/2010 013479 PAIK, BO refund:tennis camp ... kids 1410.101 76.00 76.00 137750 03/25/2010 010011 PAUBA VALLEY ELEM. SCHOOL Council community service funding 1,000.00 1,000.00 PTA 137751 03/25/2010 012833 PC MALL GOV, INC. APC Smart UPS:info systems 3,556.14 3,556.14 137752 03/25/2010 000249 PETTY CASH Petty Cash Reimbursement 407.94 407.94 137753 03/25/2010 012366 PROJECTTOUCH Council community svc funding 09-10 2,500.00 2,500.00 137754 03/25/2010 005075 PRUDENTIAL OVERALL SUPPLY Feb Uniform/Flr Mat/TWI Rental:City Facs 1,249.09 1,249.09 Pages apChkLst Final Check List Page: 6 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137755 03/25/2010 000262 RANCHO CALIF WATER DISTRICT Mar various water meters TCSD 6,126.99 Mar var water meters 30650 pauba 13.88 Mar var water meters 30650 pauba 98.53 Mar water meters 30875 rncho vista 371.58 Mar var water meters:calle elenita 17.30 MAR water meters 41951 moraga 102.16 Mar var water meters:crowne hill dr 54.14 6,784.58 137756 03/25/2010 004584 REGENCY LIGHTING Misc electrical supplies old town 99.38 Misc electrical supplies:children mus 52.11 Misc electrical supplies:old town 93.26 244.75 137757 03/25/2010 004498 REPUBLIC INTELLIGENT flashing beacon poles: PW Traffic 1,853.51 1,853.51 137758 03/25/2010 013449 RICE, WAYNE Entertainment: Bluegrass Festival 3/20-21 150.00 150.00 137759 03/25/2010 000411 RIVERSIDE CO FLOOD CONTROL fy 09/10 cost share NPDES permit agrmnt 188,825.16 188,825.16 137760 03/25/2010 001592 RIVERSIDE CO INFO Feb radio rental & maint:police/prk 1,568.58 1,568.58 TECHNOLOGY 137761 03/25/2010 001365 RIVERSIDE COUNTY OF renew permit:Theater 578.00 renew permit:CRC pools 684.00 1,262.00 137762 03/25/2010 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 42.00 TCSD Instructor Earnings 420.00 462.00 137763 03/25/2010 010803 SEAN MALEK ENGINEERING & Mar prgs pmt #2:rrsp desilting basin 38,902.50 38,902.50 CONST 137764 03/25/2010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 3/11 & 3/18 106.50 106.50 137765 03/25/2010 000645 SMART & FINAL INC Misc supplies:theater 219.28 Misc supplies:mpsc 376.63 Misc supplies:rhythms teen dance 20.76 616.67 137766 03/25/2010 013480 SO CAL AAU BASEBALL refund: tournament credit 3/6 500.00 500.00 137767 03/25/2010 000374 SO CALIF EDISON dsgn of new meter/service:tcc pw06-05 38.77 38.77 Pages apChkLst Final Check List Page: 7 03/25/2010 10:50:49AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 137768 03/25/2010 000537 SO CALIF EDISON Mar 2-30-296-9522:31035 rncho vista 427.61 Mar 2-28-397-1315:45869 rdhk pkwy 22.32 Mar 2-30-099-3847:29721 ryecrest 21.65 Mar 2-26-887-0789:28757 harveston 1,636.99 Mar 2-27-560-0625:32380 deerhollow 3,493.18 Mar 2-00.397-5059: comm secs util 7,887.40 Mar 2-29-974-7568:26953 ynez TC1 121.61 Mar 2-31-693-9784:26036 ynez TC1 429.39 Mar 2-2&331-4847:32805 pauba 137.88 14,178.03 137769 03/25/2010 001212 SO CALIF GAS COMPANY Mar 055-475-6169-5: PBSP 206.04 Mar 015-575-0195-2 FS#92 405.60 611.64 137770 03/25/2010 002015 STAR WAY PRODUCTIONS Audio pert srvcs:rod run 3/12-13 1,525.00 1,525.00 137771 03/25/2010 002366 STEAM SUPERIOR CARPET Carpet cleaning service: tcc 135.00 CLEANING Carpet cleaning service: theater 225.00 360.00 137772 03/25/2010 000305 TARGET BANK BUS CARD SRVCS Artist hospitality supplies: theater 25.67 Misc recreation supplies:mpsc 81.86 Misc supplies: special events pgrm 280.43 Recreation Supplies:Childrens Museum 68.72 456.68 137773 03/25/2010 013335 TEMECULA ACE HARDWARE INC uniforms fortcsd maint 29.06 29.06 137774 03/25/2010 010493 TEMECULA TOWNE CENTER Apr lease pmt:police mall storefront 1,458.33 1,458.33 ASSOC LP 137775 03/25/2010 011736 TEMECULA TROPHY INC Recognition supplies: HR 66.28 66.28 137776 03/25/2010 010046 TEMECULA VALLEY Jan 2010 Bus. Impry District Asmnts 34,596.50 34,596.50 CONVENTION & 137777 03/25/2010 009194 TEMECULA VALLEY NEWS Mar Advertising:Temecula Presents 143.20 143.20 137778 03/25/2010 004274 TEMECULA VALLEY SECURITY duplicate keys:orchards bldg 2.71 2.71 CENTR 137779 03/25/2010 003941 TEMECULA WINNELSON plumbing supplies: var parks 203.88 203.88 COMPANY 137780 03/25/2010 010276 TIME WARNER CABLE Mar High Spd Internet:32211 Wolf Vly 102.45 Mar High Spd Internet:32364 Overind 49.70 152.15 Page:7 apChkLst 03/25/2010 10:50:49AM Page: 8 Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 137781 03/25/2010 004145 TW TELECOM 137782 03/25/2010 002065 UNISOURCE 137783 03/25/2010 004261 VERIZON 137784 03/25/2010 013481 XK PUBLISHING INC. Final Check List Page: 8 CITY OF TEMECULA (Continued) Description Amount Paid Check Total Feb -Mar Gen Usage:City 11,414.60 11,414.60 Copy paper:central services 5,755.86 5,755.86 Mar xxx-2372 Gen Use Wolf Crk Pk 36.73 Mar xxx-7562 Gen Usage:lrrig Contr 38.61 Mar xxx-Gen Use Civic Ctr Camera 92.44 Mar xxx-3143 Gen Use: Pd Ovrind Ofc 45.94 Mar xxx-5473 Gen Use:Moraga Rd 36.79 Mar xxx-8573 General Usage 1.27 Mar xxx-4723 Gen Usage Tern PD 37.95 3/13-4/12 Internet Svcs: Library 439.95 Mar xxx-5275 Gen Use Tern Pd Dsl 38.10 Mar xxx-0714 Gen Use: Pd Mall Alarm 116.75 Mar xxx-6084 General Usage 35.62 Mar xxx-3564 Gen Usage Alarm 73.74 Mar xxx-0074 General Usage 313.59 Mar xxx-5072 General Usage 2,354.60 3,662.08 refund:sec dep:tournament 5/1 1,000.00 1,000.00 Grand Total All Checks: 883,100.18 Pageb Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 13, 2010 SUBJECT: City Treasurer's Report as of February 28, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of February 28, 2010. 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 February 28, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 28, 2010 CITY OF TEMECULA MEMORANDUM TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 30, 2010 SUBJECT: City Treasurer's Report as of February 28, 2010 According to Government Code Section 53646, reports to the City Council regarding the City's investment portfolio are required to be submitted within thirty days following the end of the quarter covered by the report. However, as a matter of City practice, the City Treasurer's Report will be distributed directly to you each month. It will also still appear on the first City Council meeting agenda each month for formal acceptance. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of February 28, 2010. GR:jmm Attachment: City Treasurer's Report as of February 28, 2010 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 30, 2010 SUBJECT: City Treasurer's Report as of February 28, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of February 28, 2010. 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 February 28, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 28, 2010 Reporting period 02/01/2010-02/28/2010 Portfolio TEME CP Run Date PD290319-1139 PM IPRF`M1 i rsyMRDpt8 42 Retort Ver 500 City of Temecula City of Temecula, California 43200 Business Park Drive Portfolio Management g Po. Temecula, Box 9033 CA, 92596 IMV i� Portfolio Summary (951)694 6430 --_ —! February 28, 2010 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equive Certificates of DepositBank373,983.53 373,983.A 8]3,929.63 0.54 1,177 134 6.BBo 6878 Managed Pool Accounts 82296,24924 82296,24924 82296,24924 32.61 1 1 0425 0431 Letter of credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local /As ercy l mevornern Funds 54,570,34999 64,81036842 54,570,34999 3374 1 1 0.689 0.577 Fed eral Ag ends Callable Securities 27,000,000 00 9,419800.00 27,000,000 00 18.89 1,328 1,099 2709 2748 Fed eral Ag ends B ullet Securities 15,000,000 00 16,302290 .00 14,977,910.00 928 1,112 B97 2494 2529 Investment oantrads 20.31,4BB78 20.31,488 78 20.31,488 78 128 8979 2,741 6.609 6626 161,M,052.52 1662,539,499.95 181,76,9662.52 199.99% 429 284 1.138 1.154 Investments Cash Passbook/obeokirg 7,066,070.01 7,066,070.01 7,066,070.01 1 1 0.000 0.000 (not Irmind d In yield oaloulations) Total Cash and Investments 168,826,122.53 169,59060.96 168,804,032.53 429 284 1.138 1.154 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 151 ,645 26 1,706,636 68 Average Daily Balance 188,382,213.92 182,593,639.66 Effective Rate of Return 1.170/6 1.40% Reporting period 02/01/2010-02/28/2010 Portfolio TEME CP Run Date PD290319-1139 PM IPRF`M1 i rsyMRDpt8 42 Retort Ver 500 City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2010 Page 2 Average Purchase Stated YTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453516-2 66-12 GENIM2 USBANK 06/12/2007 673,963.53 673,963.53 673,963.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 1.00 1 2221 60 03-2 CITY COP RE2 104346006-1 01-2 IMP 2 104346006-4 01-2 RESA2 104346016-3 01-2 RESB2 104346000-4 01-2 SPTAX2 94669911-2 03-1 ACQA2 946699213 03-1 ACQB3 946699023 03-1 BOND3 946699063 03-1 RES A3 94669916-2 03-1 RES B2 94669900-4 03-1 SPTAXI 793593011-2 03-2 ADO 793593009-2 03-2 EMW D 2 793593007-2 03-2 IMP 2 793593016-4 03-2 LOC 2 793593010-2 03-2 PWADM2 793593006-2 03-2 RES 2 793593000-3 03-2 SPTX2 744727011-2 03-3 ACQ2 744727002-2 03-3 BOND 2 744727007-2 03-3 CITY2 744727009 03-3 EMW D 1 744727006-3 03-3 RES3 744727000-4 03-3 SP TX 4 94666001-2 03-4 ADMIN2 94666005-1 03-4 PREP1 94666000-1 03-4 RED1 94666006-2 03-4 RES2 766776002-2 03-6 BON D2 766776007-2 03-61MP2 73,747.57 766776006-2 03-6 RES2 766776000-3 03-6 SP TX3 95453510-2 66-12 BON D2 95453516-4 66-12 G14 Run Date_ 03/29/2010 -11 39 5.600 5.676 164 09/01/2010 5.600 5.678 184 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.966 1.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 441,606.99 441,606.99 441,606.99 0.000 0.000 1 First American Treasury 203,290.10 203,290.10 203,290.10 0.000 0.000 1 First American Treasury 624,340.26 624,340.26 624,340.26 0.000 0.000 1 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 First American Treasury 15,113.21 15,113.21 15,113.21 0.000 0.000 1 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 666,294.73 666,294.73 666,294.73 0.000 0.000 1 First American Treasury 223,566.93 223,566.93 223,566.93 0.000 0.000 1 First American Treasury 793,962.95 793,962.95 793,962.95 0.000 0.000 1 First American Treasury 73,747.57 73,747.57 73,747.57 0.000 0.000 1 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 First American Treasury 4,364.66 4,364.66 4,364.66 0.000 0.000 1 First American Treasury 2,641,523.06 2,641,523.06 2,641,523.06 0.000 0.000 1 First American Treasury 2,961.04 2,961.04 2,961.04 0.000 0.000 1 First American Treasury 367.56 367.56 367.56 0.000 0.000 1 First American Treasury 1,977,350.50 1,977,350.50 1,977,350.50 0.000 0.000 1 First American Treasury 3,354.07 3,354.07 3,354.07 0.000 0.000 1 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 2,176,102.75 2,176,102.75 2,176,102.75 0.000 0.000 1 First American Treasury 1,202,303.71 1,202,303.71 1,202,303.71 0.000 0.000 1 First American Treasury 15,151.74 15,151.74 15,151.74 0.000 0.000 1 First American Treasury 4,071.65 4,071.65 4,071.65 0.000 0.000 1 First American Treasury 39,514.01 39,514.01 39,514.01 0.000 0.000 1 First American Treasury 96,467.50 96,467.50 96,467.50 0.000 0.000 1 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,402.16 1,402.16 1,402.16 0.000 0.000 1 First American Treasury 337,942.60 337,942.60 337,942.60 0.000 0.000 1 First American Treasury 169,655.50 169,655.50 169,655.50 0.000 0.000 1 First American Treasury 226,360.65 226,360.65 226,360.65 0.000 0.000 1 First American Treasury 62,030.55 62,030.55 62,030.55 0.000 0.000 1 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Report Var_ 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2010 Page 3 Subtotal and Average 59,677,900.67 62,295,249.24 62,295,249.24 62,295,249.24 0.425 0.431 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2009 1.00 1.00 1.00 0.000 0.000 Portfollo TEME CP Run Date_ 03/29/2010 -11 39 PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 60 03-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216006-3 CITY COPCIP2 First American Treasury 07/01/2009 1,312,577.76 1,312,577.76 1,312,577.76 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 569,966.76 569,966.76 569,966.76 0.000 0.000 1 94434160-1 RDA 021NT1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666006-2 RDA 06 CIPA2 First American Treasury 312.71 312.71 312.71 0.000 0.000 1 107666001 RDA 06 PRIN First American Treasury 07/27/2009 0.00 0.00 0.00 0.000 0.000 1 107666000-2 RDA 06A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-3 RDA 06B CIPS First American Treasury 959,432.06 959,432.06 959,432.06 0.000 0.000 1 107666010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107666030-2 RDA 07 CAPI2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 107666027-2 RDA 07 ESC2 First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 107666020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666026-2 RDA 07 PROJ2 First American Treasury 202,164.47 202,164.47 202,164.47 0.000 0.000 1 107666026-2 RDA 07 RES2 First American Treasury 316.62 316.62 316.62 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 94432363 02001 Financial Security Assurance 07/01/2009 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 29,111,625.54 29,111,625.54 29,111,625.54 0.577 0.569 0.577 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,557,052.13 1,557,052.13 1,557,052.13 0.577 0.569 0.577 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 602,264.65 602,264.65 602,264.65 0.577 0.569 0.577 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 472,647.57 472,647.57 472,647.57 0.577 0.569 0.577 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,594,377.36 3,594,377.36 3,594,377.36 0.577 0.569 0.577 1 122216006 CITY COP CIP CA Local Agency Investment Fun 6,095,766.69 6,095,766.69 6,095,766.69 0.577 0.569 0.577 1 1 2221 60 03-1 CITY COP RE1 CA Local Agency Investment Fun 619,772.96 619,772.96 619,772.96 0.577 0.569 0.577 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.577 0.569 0.577 1 107666016-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.577 0.569 0.577 1 107666030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.577 0.569 0.577 1 107666027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.577 0.569 0.577 1 107666026-1 RDA 07 PRO -1 CA Local Agency Investment Fun 2,993,066.66 2,993,066.66 2,993,066.66 0.577 0.569 0.577 1 107666026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,105,452.42 1,105,452.42 1,105,452.42 0.577 0.569 0.577 1 107666006 RDA 06 RESA MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 02/26/2010 40,424.39 40,424.39 40,424.39 0.000 0.000 1 Subtotal and Average 59,677,900.67 62,295,249.24 62,295,249.24 62,295,249.24 0.425 0.431 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2009 1.00 1.00 1.00 0.000 0.000 Portfollo TEME CP Run Date_ 03/29/2010 -11 39 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2010 Page 4 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 94669921-1 03-1 ACQ B2 744727011-1 03-3 ACQ 2 744727007-1 03-3 CITY 2 766776007-1 03-6 IMP 1 SYSCITY CITY SYSRDA RDA SYSTCSD TCSD CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun Subtotal and Average 57,288,564.28 Federal Agency Callable Securities 31331GZ36 01145 3133XRSM3 01102 3133XRVA5 01109 3133XRM 01116 3133XUAE3 01131 3133XUBXO 01133 3133XUGS6 01136 3133XUKAO 01136 3133XUNQ2 01141 3133XVF63 01147 3126X6R46 01126 3126X6S52 01129 3126X9NT3 01152 3136F9CB7 01066 3136F9DP5 01090 3136FHRX5 01126 3136FHXF7 01127 3136FHY66 01132 31396AYN6 01134 3136FJAD3 01140 31396AZD7 01142 3136FJFD6 01143 3136FJHX2 01146 3136FJNN7 01146 31396AZY1 01149 Run Date_ 03/29/2010 -11 39 726,503.39 0.569 726,503.39 726,503.39 0.569 3,670,076.41 0.577 3,670,076.41 3,670,076.41 0.577 1,273,711.70 0.577 1 1,273,711.70 1,273,711.70 0.577 1 0.00 0.569 0.00 0.00 0.569 157,001.56 0.577 157,001.56 157, 001.56 1,000,000.00 31,790,940.63 0.577 1 31,621,073.06 31,790,940.63 07/30/2012 1,163,536.07 06/20/2006 1,164,640.90 1,163,536.07 1,000,000.00 15,566,576.03 4.014 15,601,349.36 15,566,576.03 06/20/2012 54,570,349.99 07/27/2009 54,616,358.42 54,570,349.99 1,000,000.00 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 0.577 0.569 0.577 1 1,000,000.00 0.569 0.577 1 Federal Farm Credit Bank 10/19/2009 1,000,000.00 1,005,630.00 1,000,000.00 1.550 2.399 2.432 671 07/19/2012 Federal Home Loan Bank 07/23/2006 1,000,000.00 1,014,690.00 1,000,000.00 4.050 3.995 4.050 693 01/23/2012 Federal Home Loan Bank 07/30/2006 1,000,000.00 1,015,630.00 1,000,000.00 4.220 4.162 4.220 662 07/30/2012 Federal Home Loan Bank 06/20/2006 1,000,000.00 1,016,250.00 1,000,000.00 4.070 4.014 4.070 903 06/20/2012 Federal Home Loan Bank 07/27/2009 1,000,000.00 1,005,310.00 1,000,000.00 2.000 1.973 2.000 679 07/27/2012 Federal Home Loan Bank 07/30/2009 1,000,000.00 1,007,190.00 1,000,000.00 2.375 2.342 2.375 1,066 01/30/2013 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,010,000.00 1,000,000.00 2.500 2.466 2.500 1,093 02/26/2013 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,009,690.00 1,000,000.00 2.560 2.545 2.560 1,093 02/26/2013 Federal Home Loan Bank 09/15/2009 1,000,000.00 1,006,560.00 1,000,000.00 1.700 1.677 1.700 745 03/15/2012 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,012,500.00 1,000,000.00 2.100 2.071 2.100 1,152 04/26/2013 Federal Home Loan Mtg Corp 06/25/2009 2,000,000.00 2,017,620.00 2,000,000.00 3.000 2.959 3.000 1,212 06/25/2013 Federal Home Loan Mtg Corp 06/29/2009 1,000,000.00 1,006,230.00 1,000,000.00 2.450 2.416 2.450 651 06/29/2012 Federal Home Loan Mtg Corp 12/10/2009 1,000,000.00 1,003,330.00 1,000,000.00 1.630 1.606 1.630 1,015 12/10/2012 Federal National Mtg Assn 03/11/2006 2,000,000.00 2,135,000.00 2,000,000.00 4.000 3.945 4.000 1,106 03/11/2013 Federal National Mtg Assn 03/27/2006 1,000,000.00 1,066,750.00 1,000,000.00 4.000 3.945 4.000 1,122 03/27/2013 Federal National Mtg Assn 05/21/2009 1,000,000.00 1,004,690.00 1,000,000.00 2.125 2.096 2.125 1,542 05/21/2014 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,010,630.00 1,000,000.00 2.000 1.973 2.000 1,015 12/10/2012 Federal National Mtg Assn 06/03/2009 1,000,000.00 1,006,560.00 1,000,000.00 2.000 1.973 2.000 666 06/03/2012 Federal National Mtg Assn 07/26/2009 1,000,000.00 1,014,360.00 1,000,000.00 3.000 2.959 3.000 1,610 07/26/2014 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,010,310.00 1,000,000.00 2.200 3.519 3.566 1,006 12/03/2012 Federal National Mtg Assn 09/21/2009 1,000,000.00 1,006,250.00 1,000,000.00 2.170 2.140 2.170 1,116 03/21/2013 Federal National Mtg Assn 09/26/2009 1,000,000.00 1,006,660.00 1,000,000.00 2.050 2.022 2.050 1,033 12/26/2012 Federal National Mtg Assn 10/26/2009 1,000,000.00 1,006,250.00 1,000,000.00 2.000 1.973 2.000 1,033 12/26/2012 Federal National Mtg Assn 11/16/2009 1,000,000.00 1,010,940.00 1,000,000.00 2.000 1.973 2.000 1,723 11/16/2014 Federal National Mtg Assn 11/10/2009 1,000,000.00 1,006,130.00 1,000,000.00 3.125 3.062 3.125 1,715 11/10/2014 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2010 Page 5 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 28,107,142.86 27,000,000.00 27,419,600.00 27,000,000.00 2.709 2.746 1,099 Federal Agency Bullet Securities 31331 XMQ2 01059 31331YG46 01092 31331Y3R3 01105 31331Y3N6 01111 31331 GF47 01135 31331 GG37 01137 31331 GZ44 01144 3133XRRU6 01101 3133XSWM6 01124 3133XTN65 01125 3133XTXC5 01130 3133XVEM9 01150 3133XVRS2 01151 31396AYM6 01139 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,011,560.00 1,000,000.00 5.000 4.934 5.002 66 05/26/2010 Federal Farm Credit Bank 04/21/2006 2,000,000.00 2,047,500.00 1,993,700.00 2.630 2.703 2.740 416 04/21/2011 Federal Farm Credit Bank 07/15/2006 1,000,000.00 1,042,190.00 996,140.00 3.500 3.514 3.563 561 10/03/2011 Federal Farm Credit Bank 07/30/2006 1,000,000.00 1,040,310.00 999,000.00 3.625 3.610 3.661 501 07/15/2011 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,015,940.00 997,500.00 2.250 2.264 2.316 1,246 07/29/2013 Federal Farm Credit Bank 06/04/2009 1,000,000.00 1,019,690.00 1,000,000.00 2.150 2.121 2.150 1,071 02/04/2013 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,005,630.00 1,000,000.00 1.550 1.529 1.550 959 10/15/2012 Federal Home Loan Bank 07/03/2006 1,000,000.00 1,039,360.00 996,570.00 3.625 3.626 3.676 467 07/01/2011 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,022,500.00 1,000,000.00 2.100 2.071 2.100 693 01/23/2012 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,011,660.00 1,000,000.00 1.500 1.479 1.500 616 11/07/2011 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,025,310.00 1,000,000.00 2.250 2.219 2.250 633 06/11/2012 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,005,940.00 1,000,000.00 1.625 1.603 1.625 996 11/21/2012 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,002,610.00 999,750.00 1.000 0.996 1.012 667 12/26/2011 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,012,190.00 991,250.00 1.750 2.024 2.052 693 06/10/2012 Subtotal and Average 14,977,910.00 Investment Contracts 95453516-1 66-12 GEN IM IXIS Funding Corp 95453516-1 66-12 RES 2 IXIS Funding Corp Run Date_ 03/29/2010 -11 39 15,000,000.00 15,302,830.00 14,977,910.00 2.494 2.529 697 07/24/1996 500,000.00 500,000.00 500,000.00 5.430 5.509 5.565 2,741 09/01/2017 07/24/1996 1,531,466.76 1,531,466.76 1,531,466.76 5.430 5.509 5.565 2,741 09/01/2017 Subtotal and Average 2,031,468.76 2,031,468.76 2,031,468.76 2,031,468.76 5.509 5.585 2,741 Total and Average 168,362,213.02 161, 771, 052.52 162, 539,490.95 161, 748, 962.52 1.138 1.154 284 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Cash February 28, 2010 Page 6 Average Balance 0.00 Total Cash and Investments 168,362,213.02 Run Date_ 03/29/2010 -11 39 168,826,122.53 169, 594,560.96 168,804, 032.53 1.138 1.154 284 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2009 1,167,661.46 1,167,661.46 1,167,661.46 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 07/01/2009 1,567,663.33 1,567,663.33 1,567,663.33 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 07/01/2009 1,502,969.35 1,502,969.35 1,502,969.35 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2009 2,610.00 2,610.00 2,610.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2009 16,095.00 16,095.00 16,095.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 2,747,651.16 2,747,651.16 2,747,651.16 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2009 9,979.67 9,979.67 9,979.67 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 168,362,213.02 Run Date_ 03/29/2010 -11 39 168,826,122.53 169, 594,560.96 168,804, 032.53 1.138 1.154 284 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Cash and Investments Report CITY OF TEMECULA Through February 28, 2010 Fund Total 001 GENERAL FUND $47,539,187.58 100 STATE GAS TAX FUND 77.01 101 STATE TRANSPORTATION FUND 1,216,747.06 120 DEVELOPMENT IMPACT FUND 4,690,300.34 130 RECOVERY ACT JAG FUNDING 135.10 140 COMMUNITY DEV BLOCK GRANT 641.78 150 AB 2766 FUND 476,648.19 160 AB 3229 22.78 165 RDA AFFORDABLE HOUSING 20% 8,441,382.13 170 MEASURE A FUND 6,597,324.42 190 TEMECULA COMMUNITY 1,431,176.54 192 TCSD SERVICE LEVEL "B" STREET 67,937.39 193 TCSD SERVICE LEVEL"C" 755,536.13 194 TCSD SERVICE LEVEL "D" 119,450.47 195 TCSD SERVICE LEVEL "R" 9,872.54 196 TCSD SERVICE LEVEL "L" LAKE 199,477.86 197 TEMECULA LIBRARY FUND 1,290,736.31 210 CAPITAL IMPROVEMENT PROJECT 25,163,647.91 273 CFD 03-1 CROWNE HILL 4,618,225.52 275 CFD 03-3 WOLF CREEK 1,277,066.14 276 CFD 03-6 HARVESTON 2 158,403.74 277 CFD-RORIPAUGH 31,553,304.22 280 REDEVELOPMENT AGENCY -CIP 1,625,264.76 300 INSURANCE FUND 852,119.12 310 VEHICLES FUND 858,490.35 320 INFORMATION SYSTEMS 345,687.94 330 SUPPORT SERVICES 290,851.29 340 FACILITIES 120,737.10 370 CITY 2008 COP'S DEBT SERVICE 1,395,462.94 375 SUMMER YOUTH EMPLOYMENT 314.59 380 RDA DEBT SERVICE FUND 6,033,461.29 390 TCSD 2001 COP'S DEBT SERVICE 12,281.12 460 CFD 88-12 DEBT SERVICE FUND 4,518,258.74 472 CFD 01-2 HARVESTON A&B DEBT 1,411,041.54 473 CFD 03-1 CROWNE HILL DEBT 2,050,647.41 474 AD 03-4 JOHN WARNER ROAD 160,589.48 475 CFD 03-3 WOLF CREEK DEBT 3,847,633.88 476 CFD 03-6 HARVESTON 2 DEBT 591,234.92 477 CFD 03-02 RORIPAUGH DEBT 9,873,172.39 700 CERBT CALIFORNIA EE RETIREE- 10.94 Grand Total: $169,594,560.96 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: April 13, 2010 SUBJECT: Energy Efficiency and Conservation Block Grant Funds PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Receive and file. BACKGROUND: Through the American Recovery and Reinvestment Act (ARRA) of 2009, funds have been made available to cities, counties and states to create jobs and to develop energy efficiency programs. The City of Temecula was granted $940,700 through the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) to develop an energy efficiency and conservation program. Of that amount, the City received an advance of $250,000 to develop the Energy Efficiency and Conservation Strategy (a required element of the grant). The Strategy was completed with in-house staff however, and the entire $940,700 will be used for project implementation. On November 24, 2009, staff provided the City Council an outline of the grant activities for implementation, which will reduce fossil fuel consumption, green house gas emissions and aid in local job creation and retention. The $940,700 in EECBG funds are provided to implement grant activities. The grant proram also allows for reimbursement of administrative costs up to 10 percent, which is shared among the grant activities. The following projects will be implemented with the EECBG funds: Adaptive Traffic Signal Syncronization Project: $250,000 Municipal Facilities Energy Retrofit Project: $365,576 Residential Energy Efficiency Loan Project: $325,124 The Adaptive Traffic Signal Synchronization Project will include the installation of traffic control equipment along the Winchester Road, Rancho California Road, Temecula Parkway and Jeffferson Avenue corridors. The Adaptive Traffic Signal Synchronization projectwill be funded with $250,000 of EECBG funds, which will be programed in the 2010-2015 CIP budget and supplemented with $58,265 of funds that are currently programed in the 2009-2014 CIP budget for traffic signal synchronization projects. The Municipal Facilities Energy Retrofit Project will involve the replacement of 13 HVAC units, the installation of window tinting on unshaded windows, the replacement of existing light fixtures in the gymnasium with more efficient fixtures at the Community Recreation Center, and the replacement of 30 computer servers with two more efficient servers at City Hall. The Residential Energy Efficiency Loan Project will fund the development of a residential energy efficiency loan program including the establishment of administrative guidelines for the program. It will also provide up to $250,000 in loans to residents for making energy efficiency improvements. It is anciticipated that the grant funded synchronization of traffic signals will result in improved vehicular movements for the affected corridors and will result in a reduction in fossil fuel consuption as well as vehicular emissions of about 10 percent. Additionally, it is anticipated that the grant funded building energy retrofits will result in savings of approximately 808,000 annually kWh and will reduce green house gas emissions by approximately 584 tons. Actual energy, emissions and cost savings will be determined as part of the reporting requirements of the grant program. FISCAL IMPACT: The total amount of the grant is $940,700. $594,576 in grant funds are being programed in the 2010-2015 CIP Budget and $346,124 in grant funds are being programed in the FY 2010-11 Annual Operating Budget for grant expenditures. ATTACHMENT: EECBG Application NOT SPECIFIED /OTHER ASSISTANCE AGREEMENT 1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No. DE-SCO002695 001 03/11/2010 81.128 5. Awarded To 3, Sponsoring Office 7. Period of Performance TEMECULA, CITY OF EERE (FORS) 09/28/2009 Attn: SHAWN NELSON U.S. Department of Energy through 43200 Business Park Drive Office of Energy Efficiency & Renewable E 09/27/2012 TEMECULA CA 92589 Forrestal Building 1000 Independence Avenue, SW Washington DC 20585 8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No. ❑X Grant Energy Independence and Security Act IOSCO03563 ❑ Cooperative Agreement (EISA) of 2007 ❑ Other 11. Remittance Address 12, Total Amount 13. Funds Obligated TEMECULA, CITY OF Govt. Share: $940,700.00 This action: $690,700.00 Attn: SHAWN NELLSON 43200 Business Park Drive Cost Share $58,265.00 Total $940,700.00 TEMECULA CA 92589 Total $998,965.00 14. Principal investigator 15. Program Manager 16. Administrator See Original. Award Document Martha J. Kass Oak Ridge Phone: 865-576-0717 U.S. Department of Energy P.O. Box 2001 Oak Ridge TN 37831 17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To OR for Oak Ridge/OSTI OR for Oak Ridge/OSTI See Updated Attachment 3 U.S. Department of Energy U.S. Department of Energy Reporting Requirements Oak Ridge Office Oak Ridge Financial Service Center Checklist Oak Ridge Financial Service Center P.O. Box 6017 P.O. Box 6017 Oak Ridge TN 37831 Oak Ridge TN 37831 20. Accounting and Appropriation Data See Schedule 21. Research Title and/or Description of Project EECBG PROGRAM For the Recipient For the United States of America 22. SWrersonAuthorized to Sign 25. Signature of Grants/Agreements Officer 01 233.. Name and Title 24. Dale Signed 26. Name of Officer 27. Date Signed a„p( &-'r d.Q-.lAfitA— MARLENA L. CANSLER 03/12/2010 NOT SPECIFIED /OTHER Grantee: City of Temecula DUNS #. 618848253 EECBG Activity Worksheet Program Contact Email: _ Date: 01/20/2010 dale.west@cityoftemecula.org Program Contact First Name: Dale Last Name: west Project Title: Energy Efficiency and Conservation Strategy Development Activity: 1. Energy Efficiency and Conservation Strategy Sector: All Sectors Proposed Number of Jobs Created: 0.00 Proposed Energy Saved and/or Renewable Energy Generated: 0 Proposed GHG Emissions Reduced (CO2 Equivalents): 0.000 Proposed Funds Leveraged: $0.00 Proposed EECBG Budget: 0.00 Projected Costs Within Budget: Administration: $0.00 Project Contact First Name: Dale Metric Activity: Clean Energy Policy Project Summary: (limit summary to space provided) If Other: If Other: Proposed Number of Jobs Retained: Revolving Loans: $0.00 Last Name: west If Other: Subgrants: $0.00 Email: dale.west®cityoftemecula.org The development of the City of Temecula's EECS will draw from the draft City Sustainability Plan goals for energy efficiency programs. The overall energy goal of draft City Sustainability Plan is to reduce energy use 25% by 2015. Activities selected to support the SECS include a Traffic Signal Synchronization project, an Municipal Facilities Energy Retrofit project of a City owned facility, and an Residential Energy Efficiency Revolving Loan program. The EECBG will be carried out by City staff with direction from the City Sustainability Committee. Below is a brief outline of the City Sustainability Committee, and proposed EECBG Activities. Sustainability Program Committee and Teams The City Sustainability Program Committee is made up of two Council members and a representative from the Planning Commission, Community Services Commission, and the Public/Traffic Safety Commission. Additionally, eight staff level teams were created to focus on establishing measurable goals, targets, indicators, and implementation measures for each of the Plan's eight core categories. The eight teams are made up of City staff from the Departments of Planning, Public Works, Community Services, Building and Safety, and Finance, as well as representatives from Southern California Gas Company, Southern California Edison, Rancho California Water District, Eastern Municipal Water District, Souther California Air Quality Management District, and CR&R Waste and Recycling Services. The Energy Team and the City Sustainability Program Committee will provide technical and policy direction into the development of the EECS and proposed EECBG activities. Traffic Signal Synchronization It is anticipate that the proposed Traffic Signal Synchronization Project will include the purchase, installation & implementation of an adaptive traffic signal synchronization system along a major roadway within the City of Temecula. This project will increase energy efficiency, reduce energy & fuel consumption, reduce energy costs, improve air quality and related environmental and health indicators associated with the reduction of fossil fuel emissions and ultimately provides sustainable and measurable environmental and economic benefits for the community. Municipal Facilities Energy Management and Retrofit Program It is anticipated that the proposed activity will include an energy audit of City facilities and the development of a plan for the implementation of energy efficiency retrofits. It is anticipated that this activity will also include the energy efficiency retrofit of one City facility. Energy Efficiency Revolving Loan Program It is anticipated that the proposed activity will establish a revolving loan program for energy efficiency retrofits in older residential properties within the City. The project will establish administrative/application processing system that allows City to bundle utility rebates, tax credits, and grants into one program. City staff will develop the EELS in-house without the use of EECBG funds. The initial grant award of $250,000 will be put towards the implementation of the other grant activities. Since this activity will be completed in-house, no jobs have been created/retained for this activity. Additionally, no was energy saved, emissions reduced, or funds expended; therefore 110" was entered in the above related fields for these items. This information will be accounted for in subsequent activity worksheets. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed. EECBG Activity Worksheet Grantee: City of Temecula Date: 01/20/2010 DUNS #. 618848253 Program Contact Email: dale.west@cityoftemecula.org Program Contact First Name: Dale Last Name: west Project Title: Adaptive Traffic Signal Synchronization Project Activity: 7 • Transportation Sector: All Sectors Proposed Number of Jobs Created: 1.72 If Other: If Other: Proposed Number of Jobs Retained: 1.00 Proposed Energy Saved and/or Renewable Energy Generated: TBD Proposed GHG Emissions Reduced (CO2 Equivalents). 10,112.000 Proposed Funds Leveraged: $58, 265.00 Proposed EECBG Budget: 250, 000.00 Projected Costs Within Budget: Administration: $25, 000.00 Project Contact First Name: Greg Metric Activity: Transportation Project Summary: (limit summary to space provided) Revolving Loans: $0.00 Last Name: Butler If Other: Subgrants: $0.00 Email. 9re9.l,ller®cityoftemecula.or9 In addition to achieving a 25 percent reduction in energy as outlined in the draft City Sustainability Plan, there is a need to reduce energy use within the transportation sector. One of the ways in which the City will reduce fossil fuel consumption is through the synchronization of traffic signals along major arterials within the City. The proposed Citywide Adaptive Traffic Signal Synchronization Project will include the purchase, installation & implementation of an adaptive traffic signal synchronization system along four corridors within the City of Temecula. These corridors are vital links within our circulation system in supporting the needs of Temecula residents, neighborhoods, schools, businesses and ensure access to various public facilities including recreational centers, libraries, museums, parks, and fire & police services and also support direct access to the Pechanga Indian Reservation, Resort and Casino. The proposed project provides for a unique opportunity to improve safety, operations and the effective capacity of local streets and roads, and ultimately reduces costs, provides energy savings and improves air quality and the reductions in GHG emissions. The proposed implementation of an adaptive traffic signal synchronization system will continually analyze and evaluate traffic data along the corridor and select the most appropriate traffic signal timing for the condition. The overall project benefits can only be measured by estimates and assumptions at this time, however it is reasonable to expect that reductions in accident rates, fuel consumption and savings associated with annual delay calculations will represent some of the project benefits. The Citywide Adaptive Traffic Signal Synchronization Project is anticipated to reduce fossil fuel consumption by 12 percent and emissions by 10 percent. In September 2009 the City of Temecula received a proposal from McCain Inc. The proposed system improvements for all four corridors is estimated at $283,265. $225,000 of EECBG funds would be used for the purchase of the equipment and the installation of the system. McCain Inc. will provide a "turn -key" system which will include all labor and equipment. The balance of the project ($58,265) will come from local funds, and $25,000 of grant funds will be used for administration of this project activity. The Citywide Adaptive Traffic Signal Synchronization Project is an eligible activity for use of the Energy Efficiency and Conservation Block Grant Program funds. The synchronization of traffic signals is in direct support of the development and implementation of programs to conserve energy used in transportation. This project will increase energy efficiency, reduce energy & fuel consumption, reduce energy costs, improve air quality and related environmental and health indicators associated with the reduction of fossil fuel emissions and ultimately provides sustainable and measurable environmental and economic benefits for the community. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1. pdf, " "OH -CITY -Columbus -Project Activity page 2. pdf, " and continue as needed. Grantee: City of Temecula DUNS #. 618848253 EECBG Activity Worksheet Date: 01/20/2010 Program Contact Email: Dale. west@cityoftemecule.org Program Contact First Name: Dale Project Title: Municipal Facilities Energy Retrofit Program Activity: 5. Energy Efficiency Retrofits Sector: Public Last Name: west If Other: If Other: Proposed Number of Jobs Created: 1.00 Proposed Number of Jobs Retained: 3.00 Proposed Energy Saved and/or Renewable Energy Generated: 308,972 kWh saved Proposed GHG Emissions Reduced (CO2 Equivalents): 327,288.000 Proposed Funds Leveraged: $0, 00 Proposed EECBG Budget: 365, 576.00 Projected Costs Within Budget: Administration: $36,558.00 Project Contact First Name: Kevin Metric Activity: Building Retrofits Revolving Loans: $0.00 Last Name: Harrington If Other: Subgrants: $0.00 Email: Project Summary: (limit summary to space provided) The Municipal Energy Retrofit Program builds upon the City Sustainability Plan by focusing on achieving the energy goals of the Plan. The draft energy goals of the City Sustainability Plan are to reduce electricity use 25% by 2025 at municipally owned facilities. The City continues to work with the Southern California Gas Company to identify a reduction target for natural gas consumption. Although a reduction target has not be set for natural gas consumption, the Municipal Energy Retrofit Program will focus on both energy sources; however further discussion within this Project Activity Form will rely on data provided by Southern California Edison. In June 2009, Southern California Edison provided the City of Temecula with an analysis of the City's municipal 2008 electricity usage. Based on the analysis, the City municipal facilities used 10,279,678 kWh of electricity. A 25% reduction in electricity usage in all City facilities would save 2,569,920 kWh of electricity annually and potentially save the City an estimated $550,000.00 annually in electricity costs. In December 2009, the City completed a green house gas emissions (ghg) analysis for it's municipal operations. Through this analysis, the city identified the largest energy users and generators of ghg emissions. The City will begin the development of a Climate Action Plan, which will identify actions that result in a reduction of ghg emissions, which correlates with the reduction in energy use. One of the actions of the Climate Action Plan will include a program for municipal facility energy retrofits. In December the City also completed a preliminary comprehensive energy survey of its Community Recreation Center (CRC)with the assistance of Climatec Energy Services. The preliminary survey evaluated energy conservation measures that could be made the the CRC. Three energy efficiency retrofits will be made to the CRC: 1) replace 13 outdated HVAC systems with a high efficient HVAC systems, 2) install window tinting on unshaded west, east and south windows, and 3) replace existing light fixtures in gymnasium with more efficient T5HO and T8 fixtures. The cost of energy efficiency improvements for the Community Recreation Center is estimated at $308,018. The City's Information Systems Department also identified an additional 196,000 kWh potential energy savings, if the City consolidated 30 servers to 2 servers through server virtualization. The consolidation of servers would result in simplified server maintenance, reduced hardware maintenance costs, improved server stability, and energy savings. As a result, $21,000 in EECBG funds will be used to purchase VMWare software for the consolidation of the computer servers. The Municipal Facilities Energy Retrofit Program will use $308,018 of EECBG funds for the energy efficiency retrofit measures at the Community Recreation Center and $21,000 for the purchase of VMWare software for server consolidation at City Hall. The combined annual energy savings of this project activity is estimated to be approximately 308,972 kWh. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed. Grantee: City of Temecula DUNS 4. 618848253 Program Contact First Name: Dale EECBG Activity Worksheet Program Contact Email: _ Date: 01/20/2010 dale.west@cityoftemecula.org Last Name: west Project Title: Residential Energy Efficiency Improvement Program Activity: 4. Financial Incentive Program Sector: Residential If Other: If Other: Proposed Number of Jobs Created: 2.00 Proposed Number of Jobs Retained: 1.47 Proposed Energy Saved and/or Renewable Energy Generated: 6383520 Proposed GHG Emissions Reduced (CO2 Equivalents): 308.000 Proposed Funds Leveraged: $0.00 Proposed EECBG Budget: 325,124.00 Projected Costs Within Budget: Administration: $32,512.00 Project Contact First Name: Patrick Metric Activity: Loans and Grants Project Summary: (limit summary to space provided) Revolving Loans: $250, 000 . 00 Subgrants: Last Name: Richardson If Other: Email: Parr, Under this program the City of Temecula will encourage homeowners to make energy efficient improvements by leveraging EECBG funds to establish a low interest revolving loan program. This program will be implemented under new legislation passed in July of 2008, when the Governor of California signed AB 811 into law, giving local governments the ability to establish voluntary contractual assessment programs to fund permanently affixed energy efficiency or renewable energy projects for home and small businesses. There are approximately 31,000 housing units within the City of Temecula. The majority (70%) of these housing units were built between 1990 and 2000, under strict Title 24 energy codes. The remaining 30% of the homes were built prior to 1990, which is where the greatest opportunity exists to make energy efficiency improvements. The Residential Energy Efficiency Improvement Program will coordinate with and leverage Temecula Redevelopment Agency (RDA) funds. The RDA implements an annual Residential Improvement Program (RIP) which focuses on median and lower income households and allows for specified exterior improvements to a property. The program also allows for window and HVAC replacements. This provides additional funding opportunities for households that will benefit the most. In fiscal year 2009/2010, the State of California pulled back $4.3 million from the RDA in order to balance the State's budget. In fiscal year 2010/2011 an additional $900,000 will be take from RDA to again balance the State Budget. Although the 2010/2011 RDA budget will be affected by the California State budget crisis, it is anticipated that the RDA residential improvement program budget will be made whole again for the 2010/2011 fiscal year. As such the leveraged funds for the Residential Energy Efficiency Improvement Program will not be determined until the RDA budget is approved. Once the RDA RIP budget is approved, these funds will be leveraged with the EECBG funds for the Residential Energy Efficiency Improvement Program for eligible energy improvements. The Residential Energy Efficiency Improvement Program will consist of the following: • Outreach and education targeting residential homes built prior to 1990 • Providing seed money for formation of City financing district • Development of administrative guidelines and policies • Development of loan application process • Coordination with local utility providers to bundle utility rebates, tax credits, and grants into one program • List of qualifying energy efficiency improvements A total of $325,124 of EECBG funds is allocated to the Residential Energy Efficiency Improvement Program, where $250,000 will be used for seed money to develop a revolving loan program. The balance of the EECBG funds will be used for administration and staff time for audits and inspections. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed. Applicant Name: City of Temecula, CA Award Number: DE-SC0002695 Budget Information - Non Construction Programs OMB Approval No. 0348-0044 Section A - Budget Summary- ;, :. y •' Catalog of Federal Estimated Unobligated Funds New or Revised Budget Grant Program Function or Activity Domestic Assistance Federal Non -Federal Federal Non -Federal Total Number a b c d e 1. EECS 81.128 $0 2. Transportation 81.128 $250,000 $58,265 $308,265 3. EE Retrofits 81.128 $365,576 $365,576 4. Fin Incentive Prgm 81.128 $325,124 $325,124 5. Totals $0 $0 $940,7001 $58,265 $998,965 Section B - Bud et Cate ories y r - Grant Program, Function or Activity 6. Object Class Categories #1-EECS #7 -Transportation #5 -Energy Efficiency Retrofi #4 -Financial Incentive Program Total (5) a. Personnel $42,612 $42,612 b. Fringe Benefits $0 c. Travel $0 d. Equipment $21,000 $21,000 e. Supplies $0 f. Contractual $225,000 $308,018 $533,018 g. Construction $0 h. Other (Revolving Loan Fund) $250,000 $250,000 i. Total Direct Charges (sum of 6a -6h) $0 $225,000 $329,018 $292,612 $846,630 j. Cost Share $58,265 $58,265 k. Administration Costs $25,000 $36,558 $32,512 $94,070 I. Totals (sum of 6i -6j) 1$0 $308,265 $365,5761 $325,1241 $998,965 7. Program Income PaaP 1 of 4 $0 SF424A (Rev. 4-92) Previous Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) Totals 8. EECBG $58,265 $0 $58,265 $0 9. $0 10. 11. $0 12. Total (sum of lines 8 -11) $58,265 $0 $0 $58,265 Section D - Forecasted Cash Needs" Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th quarter 13. Federal $750,000 $250,000 $125,000 $250,000 $125,000 14. Non -Federal $58,265 $58,265 15. Total (sum of lines 13 and 14) $808,265 $250,000 $183,265 $250,000 $125,000 Section E - Budget Estimates of Federal Funds Needed for Balance of the Project Future Funding Periods (Years) (a) Grant Program (b) First (c) Second (d) Third (e) Fourth 16. EECBG $750,000 $190,700 $0 17. 18. 19. 20. Total (sum of lines 16-19) $750,000 $190,700 $0 $0 Section F - Other Budget Information' 21. Direct Charges 122. Indirect Charges 23. Remarks SF424A (Rev. 4-92) Previous Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction Energy Efficiency & Conservation Strategy for Units of Local Governments As detailed in Part 1 of this announcement, all applicants must submit an Energy Efficiency and Conservation Strategy (EECS). Units of local government and Indian tribes have the option of submitting the EECS no later than 120 days after the effective date of the award or at the time of application. Units of local government and Indian tribes who chose to submit the EECS at the time of application shall use the format contained in Attachment D. This form should be saved in a file named "UIC-Strategy.pdf' and click on "Add Optional Other Attachment" to attach. Grantee: City of Temecula Date: 11/30/2009 DUNS #: 618848253 Program Contact Email: dale.west(a--)cityoftemecula.org 1. Describe your government's proposed Energy Efficiency and Conservation Strategy. Provide a concise summary of your measureable goals and objectives, which should be aligned with the defined purposes and eligible activities of the EECBG Program. These goals and objectives should be comprehensive and maximize benefits community -wide. Provide a schedule or timetable for major milestones. If your government has an existing energy, climate, or other related strategy please describe how these strategies relate to each other. City staff will develop the EECS in-house without the use of EECBG funds. The initial grant award of $250, 000 will be put towards the implementation of the other grant activities. During the past several years the City of Temecula has taken a series of actions leading to way for the development of a Sustainable City. In August 2007, the City of Temecula became a member of the Western Riverside County Clean Cities Coalition, which works toward improving air quality by providing education about and promoting the use of non-polluting means to power vehicles and other machines and equipment, and to education and disseminate information about problems related to the environmental hazards and health risks of air pollution. In July 2008, the City Council adopted a Municipal Green Building Policy, which requires all new City owned facilities to be designed and constructed to achieve LEED certification. The City Council also directed staff to prepare a City Sustainability Plan, which focuses on eight core categories: Energy, Water, Green Buildings, Air Quality, Waste Reduction, Transportation and Community Design, Open Space, and Community Outreach. Policy direction for the development of the Plan is provided by the City Sustainability Committee, which is made up of two City Council members and three members from City Commissions. Additionally, a staff level Green Team meets regularly to provide technical input as the Plan develops. As of May of 2009, the City has established 24 measureable goals, and identified approximately 90 implementation measures to achieve the goals of the Plan. In October 2008, the City of Temecula became a member of ICLEI — Local Governments for Sustainability, adopting Resolution 08-91, which committed the City to conduct a green house gas (GHG) emissions inventory and develop a Climate Action Plan (CAP). When the emissions inventory and CAP are completed, the implementation measures identified within the Climate Action Plan will be incorporated into the City Sustainability Plan. The GHG emissions inventory began in July 2009 and is near completion. The development of the CAP will immediately follow. As mentioned, the draft City Sustainability Plan has 24 measureable goals and approximately 90 implementation measures as part of a comprehensive Sustainability Program to reduce waste, conserve water and energy, encourage green buildings, increase open space, promote better air quality, and expand alternative transportation opportunities throughout the community. While the draft Sustainability Plan is a comprehensive planning document that addresses categories other than Energy, specific goals from the Sustainability Plan can be used here to establish the Energy Efficiency and Conservation Strategy of the EECBG Program, and maximize benefits to the community. EECBG funds will be used to achieve specific goals and implement the programs identified within the City Sustainability Plan. Energy Efficiency and Conservation Strategy Goals 1. Reduce energy consumption for public, commercial and residential uses through the latest technology, practices and services. a. City owned and operated facilities (existing buildings) L 25% more efficient than current usage by 2025 (kilowatt hours) b. Residential properties (existing buildings) L 10% more efficient than current usage by 2015 (kilowatt hours) 2. Improve the transportation system to better connect jobs, housing, schools, shopping, and recreational facilities. The EECBG project activities will support the Energy Efficiency and Conservation Strategy Goals. Temecula's strategy focuses on three EECBG project activities to accomplish the above mentioned goals: 1. Municipal Facilities Energy Retrofit Program, 2. Residential Energy Efficiency Retrofit Financing Program, 3. Adaptive Traffic Signal Synchronization Project Major Milestones (from funding date) Municipal Facilities Energy Retrofit Program 1. Enter into agreement with Consultant/Contractor 90 days 2. Identify and finalize energy efficiency improvements 360 days 3. Begin retrofit project 720 days 4. Complete retrofit project 1080 days Residential Energy Efficiency Retrofit Financing Program 1. Establish eligible energy efficiency improvements 90 days 2. Establish list of qualified contractors 180 days 3. Select loan processor 270 days 4. Begin funding residential energy retrofit projects 360 days 5. Expend all program funds 1080 days Adaptive Traffic SignalSynchronization Project 1. Identify transportation corridors 60 days 2. Purchase and installation of equipment 180 days 3. Implement adaptive traffic signal synchronization system 360 days 2. Describe your government's proposed implementation plan for the use of EECBG Program funds to assist you in achieving the goals and objectives outlined in the strategy describe in question #1. Your description should include a summary of the activities submitted on your activity worksheets, and how each activity supports one or more of your strategy's goals/objectives. The City proposes to achieve the energy reduction goals and improve transportation network efficiencies of the City Sustainability Plan by implementing the following three activities: 1. Municipal Facilities Energy Retrofit Program, 2. Residential Energy Efficiency Retrofit Financing Program, and 3. Adaptive Traffic Signal Synchronization Project Municipal Facilities Enerav Retrofit Proaram The Municipal Energy Retrofit Program builds upon the City Sustainability Plan by focusing on achieving the energy goals of the Plan. The draft energy goals of the City Sustainability Plan are to reduce kilowatt hours by 25% by 2025 at municipally owned facilities. Reduction of natural gas consumption was originally set at established at 10% below current usage; however, this goal is currently being re-evaluated as a result of the gas utility provider reviewed load demands and determined that marginal efficiencies in gas consumption could be achieved. The City continues to work with the Southern California Gas Company to identify a reduction target for natural gas consumption. Although a reduction target has not been set for natural gas consumption, the Municipal Energy Retrofit Program will focus on reducing energy use from both energy sources. To accomplish energy reduction goals, and achieve the potential energy and cost savings, a preliminary energy survey of the Community Recreation Center was completed in December 2009 with the assistance of Climatec Energy Services to determine feasibility of using EECBG funds for a retrofit project. The results of the energy survey determined that inefficient and aging systems could be replaced with high efficiency HVAC equipment, HVAC controls, high efficiency appliances, window tinting, high efficiency hot water heaters and boilers, and high efficiency lighting systems. These potential energy retrofits at the Community Recreation Center could save 197,518 kWh each year. A cost estimate was also prepared for the identified energy efficiency retrofits. From the list of energy efficiency measures, the City has selected three measures to complete with EECBG funds. Implementation of the measures will save approximately 112,972 kWh annually. Additionally, the City's Information Systems Department will purchase VMWare software which will consolidate 30 servers to 2 servers through server virtualization, conserving an additional estimated 196,000 kWh per year. Residential Energy Efficiency Retrofit Financing Program The Residential Energy Efficiency Retrofit Financing Program will encourage homeowners to make energy efficient improvements by leveraging EECBG funds to establish a low interest revolving loan program. Additionally, the Residential Energy Efficiency Improvement Program will coordinate and leverage RDA funds and efforts of the Residential Improvement Program which focuses on median and lower income households. This provides additional funding opportunities for households that will benefit the most. There are approximately 25,940 housing units within the City of Temecula. The majority (70%) of these housing units were built between 1990 to present time, under strict Title 24 energy codes. The remaining 30% of the homes were built prior to 1990, which is where the greatest opportunity exists to make energy efficiency improvements. The Residential Energy Efficiency Retrofit Financing Program will involve the following: • Outreach targeting residential homes built prior to 1990 • Development of administrative guidelines and policies • Development of loan application process • Coordination with local utility providers to bundle utility rebates, tax credits, and grants into one program • Coordination with local contractors • List of qualifying energy efficiency improvements The draft energy goals of the City Sustainability Plan are to reduce kilowatt hours by 10% by 2015 in single family residential uses. The City continues to work with the Southern California Gas Company to identify a reduction target for natural gas consumption. Although a reduction target has not been set for natural gas consumption, the Residential Energy Efficiency Retrofit Financing Program will focus on reducing energy use from both energy sources. Adaptive Traffic Signal Synchronization Project In September 2009 the City of Temecula received a proposal from McCain Inc. for the proposed project. The Adaptive Traffic Signal Synchronization Project will include the purchase, installation & implementation of an adaptive traffic signal synchronization system along selected corridors within the City of Temecula. These corridors are vital links within our circulation system in supporting the needs of Temecula residents, neighborhoods, schools, businesses and ensure access to various public facilities including recreational centers, libraries, museums, parks, and fire & police services and also support direct access to the Pechanga Indian Reservation, Resort and Casino. The synchronization of traffic signals is in direct support of the development and implementation of programs to conserve energy used in transportation. The overall project benefits can only be measured by estimates and assumptions at this time based on past implementation of similar systems, as such, a citywide Adaptive Traffic Signal Synchronization Project is anticipated to reduce fossil fuel consumption by 12 percent and emissions by 10 percent. The contactor selected will provide a "turn -key" system which will include all labor and equipment. 3. Describe how your government is taking into account the proposed implementation plans and activities for use of funds by adjacent units of local government that are grant recipients under the Program (response not mandatory for Indian Tribes). The City of Temecula is a member of the Western Riverside Council of Governments (WRCOG), which is actively developing an energy efficiency program which includes a workforce training component, technical support and financial incentives partnership with the local utility provider (Southern California Edison), and assistance with commercial and residential energy efficiency retrofits. The WRCOG is actively pursuing funding sources for the implementation of the programs mentioned above. The City of Temecula has adopted Resolution No.09-96 and provided letters of support for the development of these programs and will participate as a member of the agency. 4. Describe how your government will coordinate and share information with the state in which you are located regarding activities carried out with grant funds to maximize energy efficiency and conservation benefits (response not mandatory for Indian Tribes). The simplest means by which to share information from ARRA grant recipients to the state in which they reside regarding program activities is for the state to receive reported data that is submitted through FedConnect and the PAGE reporting system. The data captured by these reporting modules could be compiled into report by city, county region, and by program type, with the ability to identify cost of implementation as well as energy and emission reductions. This could assist the State of California and the California Energy Commission with developing the programs which are funding under the State Energy Program. 5. Describe how this plan has been designed to ensure that it sustains benefits beyond the EECBG funding period. The programs outlined in this proposal will pr provide cost and energy savings and emissions reductions to residents, businesses, commuters, and municipal facilities. The project will track the number and type of energy efficiency retrofit(s) and associated energy savings at each residential property participating in the program; the type of energy efficiency retrofit(s) and associated energy savings at each municipal facility; and the reduction delay for vehicles traveling along selected transportation corridors. Energy savings will be tracked on a project - by -project basis and then aggregated by sector. Individual project results will be verified via a third -party inspector. The results will be continually evaluated to track performance and program implementation, and the program will be modified as necessary to meet project goals and reporting requirements. Data collected will consist of but not limited to the energy savings in kWh and CCF by building type, energy cost savings, number of buildings, dollars spent and leveraged, building square footage, audits performed, and jobs created. A key component of the Residential Energy Efficiency Retrofit Program will include outreach to the residents of our community on the importance of energy efficiency measures, which reduce cost and greenhouse gas emissions while improving air quality. Interest and repayment of loans made through the Residential Energy Efficiency Retrofit Program will be put back into future loans to continue the program. Cost savings achieved from energy efficiency measures implemented as part of the Municipal Facilities Energy Retrofit Program will reinvested into future energy efficiency/sustainability initiatives. Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: April 13, 2010 SUBJECT: Mary Phillips Senior Center Parking Lot Lease PREPARED BY: Cathy McCarthy, Community Services Superintendent RECOMMENDATION: That the City Council approve the Parking Lot Lease with the State of California for the Mary Phillips Senior Center effective through March 23, 2018. BACKGROUND: Approximately. 38 acres of the entry way and parking lot of the Mary Phillips Senior Center is owned by the State of California and is part of the Temecula Forest Fire Station located at 28330 Mercedes Street. With the construction of the Senior Center, the City of Temecula entered into a lease with the State for the parking lot area on March 17, 1993. The City constructed improvements for the Senior Center parking lot costing approximately $311,000. In the original agreement, the State agreed to a 25 year straight line depreciation of the construction, resulting in no annual lease payment to the State for this period. The original lease has expired and this is a renewal which will extend the lease to the end of the 25 years. The City will continue pay utility and other charges in connection with the use and maintenance of the property. This lease will be effective through March 23, 2018 at which time another lease will need to be negotiated with the State. FISCAL IMPACT: None ATTACHMENTS: Lease Agreement STATE OF CALIFORNIA Location of Leased Premises TEMECULA FOREST FIRE STATION 28330" MERCEDES ST. TEMECULA, CA. 92590-1837 RIVERSIDE COUNTY Agency Department of Forestry and Fire Protection THIS LE. the State of Cali with the consent referred to as thi LESSEE. as p cont best State TemE site; by DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION PARKING LOT LEASE Lease No. L-0776 OFTEMECULA ce purposes only, February 1, 2010, is made by and between rough -the Director of the Department of Genera Services (DGS) =orestry and Fire Protection (CAL FIRE), hereinafter collectively of Temecula, a Municipal Corporation, hereinafter referred to as RECITALS the Premises is currently not required in ST WHEREAS, LESSEE desires to enter into a new,lease with the STATE, hereinafter referred to as "Lease," to continue to operate the area as a,parking lot for the Mary Phillips Senior Center hereinafter referred to as "Senior Center"; and WHEREAS, the STATE's p'alicy s,to make ava)able,for, lease, property under, its control when it is for the benefit of the:public, and same is consistent with, the State of California`s programs and needs; and WHEREAS, this lease,is to complefe a twenty-fiVe',yedrlrental, agreement with the improvement amortization credit of $311,000.00 that was granted to the City of Tame6ula and began March 24, 1993, for their construction work on the Temecula FFS parking lot, WHEREAS, it is in the best interests of the STATE that such a lease be consummated between the STATE and LESSEE on the terms and conditions herein contained. NOW THEREFORE, the parties agree to the provisions that follow and are incorporated herein as follows: LEASE (Rev. 01/08) Page 1 3 Lease No. L-0776 STATE OF CALIFORNIA WITNESSETH DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION PROPERTY 1. STATE does hereby lease to LESSEE and LESSEE does hereby hire from STATE DESCFJ.DT!ON approximately 0.39 acre of land, consisting of two parcels located directly adjacent and northeast of the Temecula FFS, referred to as the "Premises," as shown on "Exhibit A," consisting of one (1) page, attached hereto and made a part thereof. USE 2. STATE hereby grants to LESSEE the right to lease Premises for the purpose of a parking lot for the Senior Center and for no other purposes whatsoever. TERM 3. The term of this Lease is terminating on March 23 expressly set forth herein IN{gU RENr 4. Pursuant to the Lease dated March 17, 1993 by and improvements valued at THREE HUNDRED ELEVE NO/100 ($391,000) was constructed on the premise: agreed to amortize the cost of said improvements us twenty five (25) years. Said improvements shall be IE STATE upon termination of this lease. (a) 's use, at LESSEE's expense. xvided for in the Lease, the LE; sed Premises, or any part, then s, and all debts contracted, by it fencing on March 24, 2010 and ation as may be hereinafter ween STATE and LESSEE, IOUSAND DOLLARS. AND _ESSEE. STATE and LESSEE I straight line depreciation of act and become property of the site improvements made by the will be fully amortized and the In- rges payable in connection with ing the term of this Lease. ty operations required at the _,will not in any way encumber ind Will prompilypay all utility ference thereto for all utilities 9 Premises -to the end that no EARLY 6. Either party, STATE or LESSEE may terminate this Lease at anytime during the term TERMwATM hereof by giving written notice ninety (90) days prior. -to the date when such termination shall become effective. HOLDNGOVER 7. (a) Any holding over by LESSEE after expiration or termination shall not be considered ANDLEASE as a renewal or extension of this Lease. The occupancy of the Premises after the RENEWAL expiration or termination of this Lease shall constitute a month to month tenancy, and all other terms and conditions of this Lease shall continue in full force and effect, except for rents. The LESSEE has had continuous and uninterrupted occupation of the Premises described in Paragraph 4 hereof under an In Lieu rate. During holdover, LESSEE shall forfeit its In Lieu status and, will be subject to a paying Fair Market Rent pursuant to paragraph 4 current market rent or a five percent (5%) increase over the Fair Market Rent HOLDNGOVER identified in Paragraph 4(a) of this Lease, whichever is greater, payable monthly in ANDI ASE LEASE (Rev. 01109) Page 2 X13 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION RENEWAL(CONT) advance. Holdover rent, and annual rent increases thereof, shall be due and payable to STATE whether or not an actual invoice is sent by STATE or received by LESSEE. MODIFICATIONS MID IIVIPROVE MENTS LSA?_ T 1 (b) STATE offers and LESSEE accepts no assurance that the Premises or any other co nparaule space or facilities at the site described herein will be made available to LESSEE beyond the term stated above or as said term is reduced as provided herein. 8. LESSEE shall at its sole cost and expense, have the right during its tenancy of the Premises, to make necessary; modifications in order to successfully operate the parking lot provided, however no other improvements shall be altered or constructed without the prior written approval and consent therefore of the STATE, k done by LESSEE on the Premises shall be done in a lawful manner and in with all applicable laws, ordinances, and regulations andprovided further that es shall be kept free from any and all liens and charges on account of labor or sed in or contributing to any work thereon. cements to the Premises must be in a manner -consistent -with the use as set "Use" Paragraph of this Lease, provided further, that all building' plans for the n or modification of any improvement shall be 'submitted to CAL FIRE ervices:in advance of such, and shall be subiect to written aDDroval by CAL improvements outside of 4hat submitted in thereto, and (b) LESSEE shall not be responsible in any manner for the maintenance and repair of the equipment of the STATE or its'political-subdivisiorts located on the STATE's contiguous Temecula FFS facility. 10. In performing any work or excavation on said Premises, LESSEE shall make the same in such manner as willcause the least injury to the surface of the ground around such excavation or work at the, -sole dlscretion,of GAL FIRE Technical Services and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition as they were prior to such excavation as is practical. AMERICANS 11. Where applicable, LESSEE shall comply with all federal requirements established under VM'H 28 Code of Regulations, Part 36, Americans with Disabilities Act, in order to make DSABuTIES improvements and programs accessible to all participants and to provide equally effective ACT communications. AMERICANS LEASE (Rev. 01109) Page 3 of Lease No. LA776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION VM (a) The requirements of CCR Title 24, State Building Code relative to Access Law II)MMUTES Compliance, and Americans with Disabilities Act (ADA), and Uniform Federal Access ACT(CONT) Standards (UFAS), must be included in the design and development of all facilities constructed under this Lease and all subleases, including the Lease -Financing. (b) Any construction work shall be planned to comply with the above mentioned standards. MFrr0FENTRY 12. (a) During continuance in force of this. .Lease, ,.there shall be right of entry that is hereby expressly reserved to STATE, and to any of its agencies, contractors, agents, employees, representatives, or licensees, the right at any and; all reasonable times, and any and all places, to temporarily enter upon said Premises for inspection or other lawful STATE purposes, -and. EASBVIENrS& PoGHrOF WAY 14. TO understands and agrees that the r fire camp and staging area in err operating hours of the Senior Cen s subject to all existing easement! t additional public utility easemeni E hereby consents to the granting L-0776 or rth below. or other cc s day. Real Estate Services Di SOLD (L-0776) P.O. Box 989052 West Sacramento, CA ! (916) 375-4025 (phone) use said lease a training area the sary The shall or (2) if mailed as,provided above, on the date of )y the other party if received Monday through Friday icific Time so long a'I"uch day is nota state or next day provided that if the next day is Saturday, such notice shalt be e Fective on the %flowing services Department of General Services Real Estate Services Division SOLD .(L-0776) 707 -3rd Street, MS 505 West Sacramento, CA 95605 LEASE (Rev. 01109) Page 4 oi73 Lease No. L-0776 to Of STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION ND7xEs TO CAL FIRE: California Department of Forestry and Fire Protection (CONT) (note: U. S. Postal Services will not deliver to CAL FIRE street address) Department of Forestry & Fire Protection Department of Forestry & Fire Protection Technical Services Section (L-0776) Technical Services Section (L-0776) P.O. Box 944246 1300 U Street Sacramento, CA 94244-2460 Sacramento, CA 95818 (916) 324-1183 (phone) TO LESSEE: City of Temecula A OnAn 0. M_11 M111 Ila, CA 92589 Temecula, CA 92 �4-6444 =an Parker, of Community Services •e of change of address or telephone number shalt be given by described in this Paragraph. LESSEE is.obligated toanotice all 15. LESSEE, its properly qualified and authorized agent 'invitees. and Senior Center members shall have the said Premises. 16. During the term of this Lease, all improvements and under the leased Premises by LESSEE shall remain' lease termination or termination of tenancy. at LESSI (b) LESSEE shall, on th peaceably and quietly le Premises in good order, damage by acts of natut so at in the or thirty < of the cense of of STATE; abandon in-place any and all of til furnishings and fixtures, above or below Tin rovements shall'vest in STATE. nation of the Lease, all and singular, the and wear thereof and PERMn5AND 117. The parties also agree that LESSEE's ability to use the Premises is dependent upon APPROVALS LESSEE obtaining all of the certificates, permits, licenses, and other approvals that may be required from any third party." STATE will cooperate with LESSEE at no expense to STATE, in LESSEE's effort to obtain such approvals in connection with said permits, licenses or other approvals. LEASE (Rev. 01109) Page 6 3 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION DEFAULT 18. LESSEE shall make all payments to the STATE without deduction, default or delay. In the event of the failure of LESSEE to do so, or in the event of a breach of any of the other terms, covenants or conditions herein contained on the part of LESSEE to be kept and performed, and if such default continues for a period of thirty (30) days after receipt of written notice from STATE to LESSEE of such default, this Lease may, at the STATE's sole discretion, be terminated. In the event of termination of this Lease, it shall be lawful for STATE to reenter into and upon the Premises and every part thereof and to remove and store at LESSEE's expense all property there from and to repossess and occupy the Premises. In the event STATE terminates this Lease pursuant to this Paragraph, the STATE shall not be;required to pay LESSEE any sum or sums whatsoever. INTERFSTON 19. STATE may charge interest for any amount due to STATE but not paid when due at a PASTDUE rate equal to the annual maximum rate allowable bylaw from the due, date. Payment of OB"TIONS such interest together with the amount due shall excuse or, cure any, default by LESSEE under the "Default" Paragraph herein. COMRIANCE 20. LESSEE shall at its sole cost and expense comply with all the statutes, laws, ordinances �L� and regulations of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the Premises and use of the Premises as provided by this Lease. FPJLURETO 21. In the eventof the failure, neglect, or refusal of LESSEE -to , do,or perform work, or any part PERFOFW theranf nr anv arf nr fhinn in-fhiq'I sage nrmArlprl fn ha Anne anri na'rfrirmarf h1r`1 FCRFF ST other than the STATE the right to construct, place, maintain, use, (b) Anyg licenses, (c) No priority or c building or on said or but n(*limited to 'ant easements over, right of ingress to and t manner as not to create ntracts, leases, affect said Premises. space in STATE's facilities PRCHBITED 24. LESSEE shall not commit, suffer or permit any waste or nuisance on the Premises or on USES STATE property or any acts to be done thereon in violation of any laws or ordinances, and shall not use or permit the use of the Premises for any illegal or immoral purposes. No dumping of refuse by LESSEE is permitted at the Premises. LESSEE agrees not to cut down or remove any trees thereon except as approved in writing in advance by STATE. LESSEE agrees that it shall at all times exercise due diligence in the protection of Premises and the STATE's property against damage or destruction by fire or other cause. LEASE (Rev. 01/09) Page 6 PY3 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION FIREAND 25. STATE will not keep improvements which are constructed or installed by LESSEE under CASUALTY the provisions of this Lease insured against fire or casualty, and LESSEE shall make no DAMAGES claim of any nature against STATE by reason of any damage to the business or property of LESSEE in the event of damage or destruction by fire or other cause, arising other than from or out of negligence or willful misconduct of agents or employees of the STATE in the course of their employment. ACTSOFNATURE 26. If any of L them with and that c such renh HAZARDOUS 27. WASTE (shall comply with ning to the use, store as that term is defir STATE or any of its liability, cost, or exI s illegal or alleged ill; the by acts of nature, LESSEE may replace ie that occupies no more physical space :SSEE shall immediately notify STATE of is completed. federal, state, or local,existing during the isportation; and disposal of any uch applicable law: xessors, principals; employees, or agents ling attorneys' fees and costs, as a result rage, transportation; or dispo'sal.of any arivative, the LESSEE shall indemnify, ds against such liability. , Df this Paragraph due'to the issuance of a LESSEE shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed -on or incurred by STATE in connection with or in response to such government order. (c) In the event a gouernment-order is issued naming the LESSEE, or the LESSEE incurs any liability during or after the term of the Lease, in connection with contamination which pre-existethe LESSEE'S obligations and occupancy under this1ease or which were not caused by the LESSEE, STATE will,hold harmless, indemnify, and defend the LESSEE in connection therewith,and shall b6,,iblely responsible as between LESSEE and STATE for all efforts and expenses therefore. CONDI IONOF 28. (a) LESSEE agrees that on the last day of the term, or sooner termination of this Lease, to PREMISES surrender up to STATE the Premises, with any appurtenances or improvements therein, in good condition, reasonable use and wear thereof and damage by act of Nature, excepted. (b) LESSEE shall not call on STATE to,make any repairs or improvements on the Premises and LESSEE shall keep the same in good order and condition at its own expense. TAXESAND 29. LESSEE agrees to pay all lawful taxes, assessments or charges, which at any time may ASSESSMENTS be levied upon any interest in this Lease. It is understood that this Lease may create a possessory interest subject to property taxation and LESSEE may be subject to the payment of property taxes levied on such interest. LEASE (Rev. 01109) Page 7 13 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION NONDISCRIWNA- 30. (a) In the performance of this Lease, the LESSEE shall not unlawfully discriminate, harass, TION or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, age (over 40), marital status, sex, sexual orientation, or use of family care leave. LESSEE shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. LEASE (Rev. 01/09) (b) Such action demotion or trai or other forms c 'ale regulations of the Fair EmploymE t`Code Section 12990 (a -f), set forth ode of Regulations, are incorporates as if set forth in full. LESSEE shall ph to any labor organizations with W occurred upon (2) 31. LESSEE shall furnish,STATE a certificate'of (L- 0776) indicated on+the face of said certifii insurance as follows: 3: employment, upgrading, f or termination, rates of pay (ding apprenticeship. yment and Housing Act lble regulations 2, Section 7285 et seq.) g Commission implementing f Division 4 of Title 2 of the by reference and made a ice of its obligations under collective baraainina or on of the Fair Employment Practices a final judgment having tha'effect from a -ty, or upon receipt of,a written notice ;ion that it has investigated and Fair Employment Practices Act and has -ovisions of the Government Code. this Lease and any loss or damage I be borne and oaid for bVthe LESSEE. STATE's.Lease Number STATE with evidence of LESSEE shall maintain general Liability With' limits of not less than $1,000,000 aggregate for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of Premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the LESSEE's limit of liability. The policy must include State of California, Department of General Services, LESSEE, and their officers, agents, employees and servants as additional insureds, but only insofar as the operations under the Lease are concerned. Page 8 of 13 Lease No. L-0778 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION AUTOMOBILE LIABILITY INSURANCE LESSEE shall maintain motor vehicle liability with limits of not less than $1,000,000 per (meq accident for bodily injury and property damage. The State of California and Department of General Services are to be additional insured with respect to liability arising out of all vehicles owned, hired and non -owned. WORKERS' COMPENSATION LESSEE shall maintain statutory workers' compensation and employer's liability coverage for all its employees who will be engaged._ in the performance of the Lease, including special coverage extensions where applicable. Employer's liability limits of $1,000,000 shall be required, and the policy shall include a waiver of subrogation in favor of the State of California GENERALREQUIREMENTS` LESSEE shall ensure that the following general requirements are met: " a. Insurance Companies must be acceptable to Department of General Services, Office of Risk and "Insurance Management. b. ` LESSEE shall provide STATE with a'true copy of the policy in place providing coverage for General Liability, within thirty, (30) days after each insurance policy renewal. c. Coverage needs to be in -force for complete term of this Lease. If insurance:,expires during the term of the Lease,.a new certificate must be received by the STATE Within thirty (301 days of the expiration date'of fhe'existino oolicv. This new insurance must still meet f h. fact at the Lease, LB of this fact Paragraph insurance. for any deductible .or s this this any other ny of the'above described types h written acknowledgment of this ne after the execution of this E shall immediately notify STATE titions of this Insurance those types and levels of It is agreed that STATE shall not be liable for the payment of any premiums or assessments on the required insurance coverage. HOLDHARMLESS 32. This Lease is made upon the express condition that the State of California is to be free INDEMNRGATM from all liability and claims for damages by reason of any injury to any person or persons, including LESSEE, or property of any kind whatsoever and to whomsoever belonging, including LESSEE, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any occupancy hereunder, LEASE (Rev. 01/09) Page 9oi13 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION HOLDHARMLESS holdover periods or any other occupancy of the Premises by LESSEE, except those arising INDEMNIFICATION out of the sole negligence of the STATE. LESSEE agrees to defend, indemnify, and save (fig harmless the State of California from all liability, loss, cost or obligation on account of or arising out of any such injury or loss, however occurring. � 01 LlL 33. The STATE will not be responsible for losses or damage to personal property, equipment or materials of LESSEE and all losses shall be reported to STATE immediately upon discovery. 34. The State of California, including but not limited to the STATE's General Fund or any special se)f insurance' programs, is not liable for any debts, liabilities, settlements, liens or any other obligations of the LESSEE or its heirs, successors or assigns. The STATE and its agencies, departments and divisions will not be liable for and will be held harmless by LESSEE and for any claims or damages associated with any contract, tort, action or inaction_ error in itidoment act of neoliaence. intentionaftorL mistakes. or.,other acts taken to LESSEE, its emp with or on behalf of ake the defense on behalf of shall defend the State of Cal claims, actions, lawsuits, adr 35. (a) In the event that STATE tel acknowledges and agrees that any es not to interfere in any way with the it of in the future, ho)d oil, gas, or other I 37. Smoking shall not be allowed inside any building; or or operable' window of any building. oranyone Dn to defend A with tort, for of any person or persons that interests upon or under said his of ingress and egress of the use of the LESSEE of the feet of any entrance 38. LESSEE shall not record this Lease'or a short 'form memorandum thereof. Any such recordation will, at the option of STATE, constitute a non -curable default by LESSEE hereunder. AUTHORf1YTO 39. (a) if LESSEE is a public, private or non-profit corporation, each individual executing this CONTRACT Lease on behalf of said LESSEE shall provide evidence, which is acceptable to the STATE, that he/she is duly authorized to execute and deliver this Lease on behalf of said LESSEE in accordance with a duly adopted resolution of the Board of Directors or in accordance with the Bylaws of said Board, and that this Lease is binding upon said Board of Directors in accordance with its terms. LEASE (Rev. 01/09) Page 10`oi13 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION AUTHORITY TO (b) LESSEE shall, concurrently with the execution of this Lease, deliver to the STATE at CONTRACT the address for the Department of General Services shown in the "Notices" Paragraph of (cam this Lease, either a copy of the Board's Bylaws or a certified copy of the Resolution of the Board of Directors authorizing or ratifying the execution of this Lease. PARTNERSHIP 40. LESSEE its agents and employees shall act in an independent capacity and not as officers DISCLAIMER or employees of STATE. Nothing herein contained will be construed as constituting the parties herein as partners. CEOA 41. Any physical with the Califf AMENDMENTS 42. No 1IXTOW-0 45. anything herein con ted, or amended by -ESSEE or STATE will be hereunder by reason of a the performance hall not be deem or its agents shall comply it to this Lease shall be binding on either party y to be bound by the modification. to the contrary, the provisions of the Lease may or prevented from the performance'of any act ure. aoVernmental restrictions. regulations or I he this STATE's right to insist thereafter upon strict performance by LESSEE. Waiver by STATE of any term, covenant, or condition contained in this Lease may only be made by a written document properly signed by an authorized STATE representative. ENTIRE 46. This Lease and Its exhlbits;constitute the entire agreement;between STATE and LESSEE. AGREEMENT Noprior written or prior, contemporaneous or subsequent oral promises or representations shall be binding. PARAGRAPH 47. All Paragraph headings contained herein are for convenience of reference only and are not HEADINGS intended to define orlimitJhe scope of any provision of this Lease. SEVERABLITY 48. If any term, covenant, condition, or provision of this Lease or any application thereof, to any extent, is found invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Lease will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law. SUPERSEDURE 49. This Lease supersedes and voids any prior license, lease or agreement between the STATE and the LESSEE identified in this Lease with regards to the Premises. LEASE (Rev. 01109) Page 1 3 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION BMDING 50. The terms of this Lease and covenants and agreements herein contained shall apply to and shall bind and inure to the benefit of the heirs, representatives, assigns and successors in interest of the parties hereto. ESSENCEOF 51.Time is of the essence for each and all of the provisions, covenants and -conditions of this TIME Lease. SEPARATE 52. This Lease may be executed in. separate, counterparts, each of which when so executed COUNTERPARTS shall be deemed to be an original.- Such counterparts shall, together, constitute and be one and the same instrument. ;EMAINDER OF PAGE INTENTIONALLY LEFT BLANK LEASE (Rev. 01109) Page 1O-13 Lease No. L-0776 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION This Lease, together with its exhibits, contains all the agreements of the parties hereto and supersedes any prior lease or negotiations. There have been no representations by the STATE or understandings made between the STATE or LESSEE other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties hereto. IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the first date written below. Date:: Date; CONSENT: ATTEST DEPARTMENT OF FORESTRY AND FIRE PROTECTION 0 RECOMMENDED FOR AI DEPARTMENT OF GENE By: ROSEMARY MARTINICH Real Estate Officer Ij By: PETER M. THORSON City Attorney Date: LEASE (Rev. 01109) Page a13 Lease No. L-0776 'WH iY ZAD/BLJ PCK AY RAD u ENGR PER 6,UVT D"D 4j.:..\Re LOADED 6-/"77 AS -yl �� R=SO�o'1-6.27'EV=OYI/Z3', I .y XNs7..�99dd6 O.R. I � C/TY 477 I /J o PROPOSED e n _ � LEASP PARCEL NG.1 1 I I o h 27 ti ry Q y � z m 1/0 ISO _ Sk5'3/'/S"E /5400'---_ >>,I T S 271 ' 1 I W - F za n z,1 � dI PROPOSf� LEASC PAR<£L NDZ 0.02 AC��� L9 _— 8 m130 I ae v Jr _ STATE jz °o TEMECLJLA FFS. n I 45 3/ 15 W /SO. as RE'C--� v o B 0 w 477 I i o PROPOSED e n _ � LEASP PARCEL NG.1 1 W (o.36AC) o h N 'm y, ti ry Q y � z m 1/0 ISO _ Sk5'3/'/S"E /5400'---_ >>,I ' 1 ti ILD } C/TYJ ROAD CASEMENT -, - _ n � dI PROPOSf� LEASC PAR<£L NDZ 0.02 AC��� L9 _— 8 m130 I 30' _ STATE °o TEMECLJLA FFS. nl o Lars I TXR ou<N Izf NIS — (J. 20 AC") OF bLocX 1 Of TOWN OF TENECULA µ — 3 PCR HA'p RECORDED TN I1AP I BOON IS, PAGE 726 , OR, Of RIV.CRSIOE COUNTY I I I I /`"OST SOUTXERLY�—.� CORNCR OF or f �\ 0 /�IfRCEDfS ST. PICC }FO Y;;;^' STAIr 0' C-VYOW A I,,' rc�sja VCISS A�CVjCr7 CH Y, DA'R cp E `/f;! /Sy/i 11 IL:/11 10-z�- 92 L� "lfOlcilad " ATq.m R, cnn H DATE 10-29'92 EXHIBIT A, PIAN LEASE PLAT CATEGORY PROIKT LEASE OF LAND TO CITY OF Tc7ECT1LA -- LOCATION TEMECULA F.F.S. V7V-WPSTnF. MMM, REGION III tux Ho - SHEET 2 OF 2 b4 W � i � I V3 8 m130 I 30' PIAN LEASE PLAT CATEGORY PROIKT LEASE OF LAND TO CITY OF Tc7ECT1LA -- LOCATION TEMECULA F.F.S. V7V-WPSTnF. MMM, REGION III tux Ho - SHEET 2 OF 2 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 13, 2010 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 23064 (Located northeasterly of the intersection of Deer Hollow Road and Peppercorn Drive) PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept substitute Subdivision Improvement Agreements and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064. 2. Accept substitute Subdivision Monument Agreements and Subdivision Monument Bonds as security for monumentation for Tract Map No. 23064. 3. Authorize the release of the existing Faithful Performance, Labor & Materials, and Monumentation Bonds for Tract Map No. 23064. 4. Direct the City Clerk to so advise the developer and surety. BACKGROUND: Tract Map No. 23064 was originally approved by the Riverside County Board of Supervisors on March 26, 2002. The Tract is located within the Redhawk area which was annexed into the City of Temecula on June 30, 2005. Following annexation Centex Homes submitted replacement bonds and agreements naming the City of Temecula as the new bondholder (replacing the County as bondholder). In 2008, Centex Homes sold the project to Corona Redhawk, LLC. Corona Redhawk subsequently submitted substitute bonds and agreements that were accepted by City Council in August 2008. In March 2010, Corona Redhawk sold the Tract to Standard Pacific Corporation. The following lists existing securities and agreements secured by Corona Redhawk and posted by Bond Safeguard Insurance Company to be released: 1) Faithful Performance Bond No. 5033843 in the amount of $145,850. *'(Bond was reduced 90% from $1,458,500 to $145,850 on August 26, 2008)*' 2) Labor and Materials Bond No. 5033843 in the amount of $729,250. 3) Monumentation Bond No. 5033844 in the amount of $53,100. Original Bond Company: Bond Safeguard Insurance Company 1919 S. Highland Avenue, Bldg. A, Suite 300 Lombard, IL 60148 Attn: James I. Moore Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Arch Insurance Company as follows: 1) Faithful Performance Bond No. SW 106056 in the amount of $145,850. 2) Labor and Materials Bond No. SW 106056 in the amount of $729,250. 3) Monumentation Bond No. SW 106057 in the amount of $53,100. FISCAL IMPACT: None ATTACHMENTS: Exhibit - Index Map for Tract Map Nos. 23064 TM23064 Substitute Subdivision Improvement Agreement (on file) TM23064 Substitute Subdivision Monument Agreement (on file) TM23064 Substitute Subdivision Faithful Performance Bond (on file) TM23064 Substitute Subdivision Labor and Materials Bond (on file) TM23064 Substitute Subdivision Monumentation Bond (on file) 23 To \ b' 4)In 1nTSGM SHEET 2 Of 10 SHEETS ENGINEER'S NOTES x AN TERNITIONY OF WE CEMENT A JMM.r � w ON N&ANT 11 EL, A. 0 PASCAL , TRACT NO. 23064 I.C�N6Siw,Ncx"NTIAL Z a; PETER ONEME i Ldp MAT um STEVEN SAN PON IS N .. 0 ----- UN. NESS vmmmss wvn `om vrw SERVES:� P•F x WART EOL ANMB42. $241, AN w u. PIOB .SJ Be. AAMAN SOMEN SEETe. sx, on sn xP[ a, PAT MR ANN FLE A STAFF ASEAN OFCARL or p:. MAE AT uuFAR '. K[ PAST, USH AN SEPARATE, BE m x«.. vD octl FAA MANAMA P.KK etl x[mASSETM LI A M At ^^C [s TN. Pm. SO EST ruq 6 Wr. fl lartE DPPMD � _ L AT ARM [OT TAIWAN P UP[ LET NAA UNABLE OMrmrsE NTN, ONES M STAMINA, sett[ IT rev .. �El � APRT a SEE L �x Abv w c. SEE LOT TRAMS -PA Ii1C CONSULTANTS SEPT. ROW AM OFT EExn , mIVA OOMM KKR. IALLSO SONO REMINASS. AND rcY PA"SEA M «m> PARE SWEET 2µ M D[ 1�R9 THE ROOxRPMOSTE SID 0 AN w MRnrw a� /:I, N. K P N [R� REMAIN • - r xpPMXT esrrlCCgA[D 1 79 WANT I �� aoxr IF 1AL1,� mtfr 21 FILM AREA FIMMILT-20 M9EImIWMR RP ws M. MS.? RAT/ ,i -P -w STEEL [AUP4rt TwwT az ------ x P[wRo MAAMW mle PAR PRIORI i\ 4�• rxw iAAS n[mm, «_—M mEI RLI ME, MMWiD SANTA NET Au ROOM .rmNom wam. 11W A AT TOO, `A ASEAN OFMES �1'U ImINBMPANTALOON NMINPIS SR FAR AN. N ®.Pn nL�`tla Mx OFTEN FOR ANSI Wf SAMILI PERIMETERS u BE [ nix wAMINTI le MAI yP uxew OF ON MI R[P P.�. It ON PhEr CONTRAST, ON ATON ANNE ESTAFF ARM OF AI .w Ns�xu.+NNz_ I— I IE P�A 12, .[eas I Oqqj� SE BARREN ['RENy P.M. 164/33.3} FF aiPNT i...PCL. 8 eo cL. a .. aa AR PO t WE.JSISM [T_a>•esz y AM / ffj VICINITY MAP Nrs. YYYY YY YO JI y4YPASTTRANS O.9/ 'uvC[ +/Milan FEE PAT I � —_, t + [r Y Y Y • YP.M. 102/99 �SOrl- ` ITI t /// rbT. _ �+.♦ A/� B11 4 E[, P,,IY OY,♦ YY a W1 M SO POST ONTT REM a ♦ d' ASN' m i AT AT YYY �`Y,Y Y, n PCL. 24 i 0 /I"- +YY, YM♦ FOR. PCL. 9 /An A 23 To \ b' 4)In 1nTSGM SHEET 2 Of 10 SHEETS `-" TR. NO. 29094.3 w EASEMENT NOTES M6. 264/93-73 1. I.C�N6Siw,Ncx"NTIAL BOUNDARY AND INDEX MAP i Ldp MAT um STEVEN SAN PON IS N OMP[LSTTS OR WrRFNNJTXO PPUTTERN Pin.NYmtli- [mn. A TO A WART EOL ANMB42. $241, AN w u. PIOB .SJ Be. AAMAN SOMEN Ns a i EARN FILE NOrw NOTE L EST ruq 6 Wr. fl lartE DPPMD � • N'N4 _¢mw' �NA4Rx9 SEE 09 LI WATEM4 TORONTO AM OFT EExn , mIVA «m> PARE SWEET 2µ M D[ 1�R9 THE ROOxRPMOSTE AN w MRnrw a� /:I, N. K P N [R� pY i p aoxr IF 1AL1,� mtfr M9EImIWMR RP ws M. MS.? RAT/ ,i -P -w STEEL [AUP4rt TwwT az GRAPHIC SCNR rxw iAAS n[mm, i 11W A AT TOO, `A ASEAN OFMES �1'U ImINBMPANTALOON xxa'w nL�`tla Mx OFTEN FOR ANSI Wf uxew OF ON m Y1e' [A EASE MUM TN wac ONES A TFLI I NORMA AREA PP lury-m rB- A^ 23 To \ b' 4)In 1nTSGM SHEET 2 Of 10 SHEETS DAATA—TABLE....... A\ w IT RrG TT STATEN TPNTTZT i Ldp MAT um STEVEN SAN PON IS N x.r«mt [mn. A TO A Ns 11 • N'N4 760S a «m> pY i p uIN a 11W A xxa'w m Y1e' [A W' mS.zs, x«r swf>r TOM TQM A AM 60Y t 12W tlm m > ME LATE a ONTT ASN' m i AT AT ri IIIAT eTlri ' 9�in'Ol'R NTJ'i ow -x N W s wTt@ TN'N'x S«w> WrOxp pnarn'laN( tiv'1I w woa0 JAS« > ..erssast . mrrm� wrOit xmJrwv xu[ ort _ eloMM <xpN'0J4 YA]r> - J>es'�_..- «T > _ MONp39.e'wv rx'Tar .On > P4 _. wOI 0 > "NAIROBI iiOFC> _ A\ u'MNY LT•a :L, 21 \ ENVIRONI%AFFEASSENTAL CONSTRAINT NOTE: i Ldp MAT um STEVEN SAN PON IS N ruwxRw« [mn. A SCOTT ALAS Fuzz II Ns Item No. 8 Approvals City Attorney /V Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 13, 2010 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs - FY 2009-10, Project No. PW10-02 PREPARED BY: Amer Attar, Principal Engineer - Cl P Chris White, Assistant Engineer - Cl P RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs — FY 2009-10, Project No. PW10-02. BACKGROUND: This is an annual project which repairs various concrete facilities maintained by the City. The Public Works Maintenance Division has surveyed the City and compiled a list of improvements in need of repair. Under this project, damaged curb & gutter, sidewalk, drive approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations will be removed and replaced. Project specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $ 346,644.00. FISCAL IMPACT: Adequate funds are available in the Public Works Department's Maintenance Division FY 2009-10 Budget for Routine Street Maintenance, Account No. 001- 164-601-5402. ATTACHMENTS: 1. Citywide Concrete Repair List. (12 pages) City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW1 0.02 . . . . . . . . . . . . ..... .............................. ...... .... .........sa Ramp.. I to I .... ..................... ........... pe has fcm:(sF) 4 ra 1) In fl@A) 42210 Roick Drive E. Side of DriveApipmach Sidewalk R & R Sidewalk and 14 6 84 Root Prune 42210 Roick Drive W. Side of Drive Approach Sidewalk R & R Sidewalk and 14 6 84 Rot Prime 42147 Roick Drive Next to No Parking Sign Sidewalk - R & R Sidewalk and Root Pwre 16 6 96 Roick at Winchester Road N/W Comer Sidewalk iR & R Sidewalk and Rot Prune 7 6 42 Ralck at Winchester Road NM Comer Panel Sidewalk R & R Sidewalk and I Ront Prune 7 9 63 Roick at Winchester Road SM Comer Sidewalk R & R Sidewalk and I Root Pours; 3 6 18 Roick at Winchester Road SM Comer Panel Sidewalk R&RSidewalk and figgi Pna 10 9 90 27292 Via Industda across the street from this address Sidewalk R & R Sidewalk and 14 6 84 Root Prune 27565 Dim Road next to Drive Approach Sidewalk R & R Sidewalk and 15 15 225 Root Prune 2756531' from apron on Die, Road Curb & Guile( R & R Curb & Gutter 31 31 and Rot Prune 27565-31'fmm apron on Dim Road Apron R & R Apron and Rot 5 5 Pima 25 27635 DIM Road at Drive Approach Curb & Gutter R & R Curb & Gutter 40 40 and Rot Prune Under Enterprise Circle N. 300N/ of Winchester Road sidewalk R&R Undersidewulk 1 1 Drain and Root Prume Drain Enterprise Circle N. 1501 N/ of Winchester Road DM R & R Sidewalk and Approach on E side Sidewalk RootPrune is 6 90 Enterprise Circle N. 400' N1 If Winchester Road Drfve R & R Sidewalk and Approach on E side Sidewalk Root Prune 25 6 150 41661 Enterprise Circle N. next to Drive Approach SidewalkR& Sidewalk and ' R 5 6 30 I Poll Prune 41661 Enterprise Circle N. next to Drive Approach Apmn R & R Apron and Root 4 4 Prune 41769 Enterprise Circle N. next to under sidewalk than Curb & Gutter R & R Curb & Gutter 10 10 and Rot Prune 41720 Winchester Road Sidewalk R & R Sidewalk and 23 6 I 138 RootPrune 41700 Winchester Road Sidewalk R & R Sidewalk and 20 6 I 120 Root Prune I 41670 Winchester Road Sidewalk R & R Sidewalk and 10 6 60 I Root Prune 41670 Winchester Rod Curb & Gutter R & R Curb & Gutter is 15 I and Root Prune I 41731 Enterprise Circle S. Curb & Gutter R & R Curb & Gutter I 19 19 and Rot Prune Page 1 of 12 r,klrpVroJe tsVw091awo9-o3citywide pw repaim1bld-dooll'y09-09 mpalr fistAx City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW1 0-02 Page 2 of 12 rAd0PmiIuVwO4w0a03 citywide pcc rVairsWid-dom%fy0&o9 repair lisl.xls .... ....... ....... ............. SFT....... .......... .. 41785 Enterprise Circle S. Sidewalk R & R Sidewalk and 26 6 156 Root Prune Across from 41785 Enterindse Circle S. by c.b. Sidewalk R & R Sidewalk and 12 6 72 Root Prune 41770 Enterprise Circle S. W of Drive Approach Sidewalk R & R Sidewalk and 8 6 48 Root Prune 41770 Enterprise Circle S. Drive R & R Drkne Approach 1 6 84 Approach land Root Prune 41770 Enterinnse Circle S. East of Drive Approach Sidewalk R & R Sidewalk and 28 6 168 Rest Prune 41770 Enterprise Circle S. 1001 East of Drive Approach Sidewalk R & R Sidewalk and 15 6 90 Root Prune 41740 Enterprise Cimle S. East side of Drive Approach Sidewalk R & R Sidewalk and 20 6 120 Root Prune 41740 Enterprise Circle S. 45' East of Drive Approach Sidewalk R & R Sidewalk and 19 6 114 Root Pmne 41740 Enterprise Circle S. 45' East of Drive Approach Curb & Gutter R & R Curb & Gutter 10 10 land Root Prune 41710 Enterprise Circle S. Curb & Gutter R & R Curb & Gutter 31 31 and Rot Pmne 41680 Enterprise Circle S. by mail box Sidewalk R & R Sidewalk and 10 6 60 Rootprtme 41680 Enterprise Circle S. by catch basin Sidewalk R & R Sidewalk and 10 6 60 Root Prune 41680 Enterprise Circle S. by fire hydrant Sidewalk R & R Sidewalk and 16 6 96 Root Prune 41680 Enterprise Circle S. by fire hydrant Curb & Gutter R & R Curb & Gutter 10 10 land Rot Prune Enterprise Circle w at Enterprise Circle S. on S/E comer Spandrel R & R Spandrel and 8 12 96 Rest Prune 41680 Enterprise Circle A. Drive R & R Drive Approach 40 6 240 Approach and Rest Prune 41680 Enterprise Circle W. Curb & Gutter R & R Curb & Gutter 47 47 and Root Prune Enterprise Circle W at Commerse Center panel on each Cress Gutter R & R Cress Gutter 12 6 72 comer Enterprise Circle W at Commem Center panel on each comer Cress Gutter 1 R & R Cress Gutter 12 6 72 27464 Jefferson Avenue Sidewalk R & 13 Sidewalk and 15 6 90 Root Prune 27420 Jefferson Avenue at Drive Approach Drive R & R Drive Approach 5 6 30 Approach and Root Prune27420 Jefferson Avenue at Drive Approach Drive R&R ve Approach 12 10 120 Approach and Rest Prune Page 2 of 12 rAd0PmiIuVwO4w0a03 citywide pcc rVairsWid-dom%fy0&o9 repair lisl.xls City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10.02 Page 3 of 12 r:kl0PrOJe(,h,1cw091M0903 drywide poc, repalWbld-docs%fy0a_09 repair list.xis or -Al . 0 , M . SCOPOI�WbRK-:: W caG:X OrostsGutter:roost Re ........... .......... tSn::::: ........... Dapre'"k 27420 Jefferson Avenue at Drive Approach Drive R & R Drive Approach 11 10 110 Approach and Root Prune 27420 Jefferson Avenue at Drive Approach Drive R & R Drive Approach 11 10 110 Approach and Root Firms 27420 Jefferson Avenue at Drive Approach Curb & Gutter R &R Curb & Gutter 46 46 and Root prune Las Haciendas 100'W/of Jefferson Avenue on Miss R & R Sidewalk and by water meter box Sidewalk Root Prone 47 6 282 Las Haciendas 100'Wlof Jefferson Avenue on N/side Curb & Gutter R & R Curb & Gutter 50 50 by water meter box and Root Prune Calle Cortez YVIB 200' past Jefferson Avenue on N/sIde Curb & Gutter R & R Curb & Guitar 61 61 and Root Prune 28493 Pulol Street Sidewalk R & R Sidewalk and 19 6 114 Root prune 28816 Pulol Street Sidewalk R & R Sidewalk and 6 6 36 Rot Prune 28816 Pulol Street 200'S Sidewalk R & R Sidewalk and 20 6 120 lRoot prune 42188 Rio Nedo Curb & Gutter R & R Curb & Gutter 23 23 and Root prune SUBTOTALS -AREA i 393 3,000 144 � 719 96 Page 3 of 12 r:kl0PrOJe(,h,1cw091M0903 drywide poc, repalWbld-docs%fy0a_09 repair list.xis City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 .............................. . ............ ' .LOCATION ........ .......... ...... ....... .... .............. X: X., d Allooes RWO . Orroo Local: :k onciesmawilk ..........gSFj Da F) :Np h*(*. :orairU Rancho California Road EIS 100' past Ynez by Duck R & R Sidewalk and Pond Sidewalk Root Prune 15 6 90 Rancho California Road EIB at Via Las Colinas M Under R& R Under Sidewalk comer Sidewalk Drain and Root Prune 1 1 Dram Under Rancho California EIB 130' before Margarita Road sidewalk R& R Under sidewalk 1 1 Drain . Drain and Root Prune Rancho California EIB 130' before Margarita Road Sidewalk R & R Sidewalk and 8 6 48 Rot Prune Rancho California EIB 130' before Margarita Road Curb & Gutter R & R Curb & Gutter 7 and Rot Prune 31033 Calle Aragon Sidewalk R & R Sidewalk and 6 6 36 Rml 31123 Calle Aragon Sidewalk R & R Sidewalk and 10 6 60 Root Prune 1 31123 Calle Aragon Curb & Gutter R&RCum & Gu 'tter 3 3 land Root Prune 31141 Calls Aragon Sidewalk R & R Sidewalk and 8 6 48 Root Prune 31148 Calls Aragon Sidewalk R & R Sidewalk and 12 6 72 RootPruns 31153 Calle Aragon Sidewalk R & R Sidewalk and 10 6 60 Root Prune 31159 Celle Aragon Sidewalk R & R Sidewalk and 11 6 66 Root Prune 31159 Calle Aragon Drive R & R Drive Approach io 6 Approach land Root Prune I 60 W/of Calle Jabill between Camino Mama and Rancho R & R Sidewalk and Vista Road Sidewalk Root Prune 17 6 102 Rancho Vista Road EIB 50' before Meadows Parkway Sidewalk R & R Sidewalk and 21 6 126 RootPmne Rancho Vista Road WA3 201 W/of Calls Resaca Sidewalk R & R Sidewalk and 22 6 132 RootPrune Rancho Vista Road at Argo Court N/E comer ramp R & R sidewalk and panels Sidewalk Root Prune9 12 108 Rancho Visa Road at Argo Count NIE comer ramp R & R sidewalk and panels Sidewalk I Root Prune 12 9 108 Rancho Vista Road at Argo Court N/W comer ramp R & R Sidewalk and Daniels Sidewalk Root Prune 12 10 120 Rancho Vale Road at Argo Court NAN comer ramp R & R Sidewalk and panels Sida.11, Root Prune 8 88 Rancho Vista Road at Argo Court NM comer Sidewalk R & R Sidewalk and 50 6 300 RootPrune Rancho Vista Road at Argo Court NAV comer Handicap Handicap R & R HandRamp 22 14 308 Ramp and Root P.1 na.p 1 Page 4 of 12 r.kIpVmjeca�u91rwOM3 citywide pcc repafrnibid-docaVyCE-09 relpairliattls City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 ......... ... ................. %... . ............... I ................... .......................... ........ ... . ....... .. .. I . ....... ...... ......... ..... ... ....... ......... ..... ........ .... ::W ..... ........ Access Real ....... ran Gutter ... ........ — ........... ................................ ................................... ......... ...... ........ .............. .. ...... :,.SF ISE .......... Dep.hisbi) 42316Corte Villosa Sidewalk R & R Sidewalk and 7 6 42 Root Prune 42316 Code Wiese Drive Approach R & R Drive Approach 3 6 18 and Root Plums Cone Milosia at Cole Cadre S/E comer Sidewalk R & R Sidewalk and 3 6 18 Root Prune Corte Villosa at Corte Calm SIE comer Curb & Gutter R K R Curb & Gutter 3 3 I and Root Prime Pauba Road at Meadows Parkway NNV comer panel Sidewalk R & R Sidewalk and 16 11 176 Root Prune Foulke Road at Meadows Parkway No comer Sidewalk R & R Sidewalk and 19 6 114 Root Prune Pauba Road W/B 50' Before Camino Merano Sidewalk R & R Sidewalk and 21 6 126 Root Prune Pauba Road at Calla Ventura SM comer Sidewalk R & R Sidewalk and 9 9 81 Root Prune S/B Amedta Way before Santiago Road W/side Sidewalk R & R Sidewalk and 7 6 42 Root Prune Jerez Lane between Sunny Meadmas and Modena R & R Sidewalk and Drive on S/side Sidewalk Rool 36 6 216 Jerez Lane between Sunny Meadows and Modena R & R Sidewalk and Drive on 111side Sidewalk I Root Prune 20 6 120 Jerez Lane between Sunny Meadows and Modena R & R Sidewalk and Drive on N/slde Sidewalk Root Prune, 10 6 60 Jerez Lane between Sunny Meadows and Modena R & R Sidewalk and Drive on N/sIde Sidewalk Root Prune is 6 90 Across from 33438 Fox Road Sidewalk R & R Sidewalk and 10 6 60 Root Prune Sunny Meadow NIE bound 50' before Caprl Way Sidewalk R & R Sidewalk and 16 6 96 RootPmm Meadows Parkway N/B 2001 before Cal Porcla Road Sidewalk R & R Sidewalk and 42 12 504 IRoot Prune Via Rio Temecula E/B 235' before Via Lucivo by light R & R Sidewalk and pole Sidewalk Feet Prune 26 6 156 Via Rio Temecula E/B 200' before Via Lucivo Sidewalk R & R Sidewalk and 26 6 156 Root Pmne Via Rio Temecula E/B 40' before Ashbury Sidewalk R & R Sidewalk and 20 6 120 RwtPmne Via Rio Temecula W/B 5001 before Country Glen Curb & Gutter R & R Curb & Gutter 10 10 and Rot Prune Via Rio Temecula W/B 160' before County Glen Sidewalk R 8, R Sidewalk and 6 6 36 1 1 Root Prune Via Rio Temecula W/B 310' before Code Capistrano I Sidewalk IRoot R & R Sidewalk and 31 6 I 186 Plural Page 5 of 12 r%dPPriaotalpw()9l citywide rce mpalrAb[bdocs%fy0S-09 repair list,xis City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 ............... .............. ........ .............. ... ....... ........ :-W A Coss Ramid ..... CrossAuftei: a .... ........ Rait*06c: .. . :Son 0::Uoutiersid .. .. ..... alk ......... . ............................. >:>:::::::::»»»> ........ ......... ... ....... ..................... ........ ......... ...... OF ::::::: ................ l3spbOsslOn R F) APO.Well (SF) .. ............. . ...... is Rio Temecula W/B 2901 before Cone Capistrano Sidewalk R & R Sidewalk and 26 6 156 Root Prune Via Rio Temecula WIB 200' before Corte Capistrano Sidewalk R & R Sidewalk and 26 6 156 Root Plane is Rio Temecula W/3140' before Cone Capistrano Sidewalk R & R Sidewalk and 21 6 126 RoolPrune Meadows Parkway S/3 200'Nlof Temecula Parkway Sidewalk R & R Sidewalk and 40 8 320 Root Prune Meadows Parkway SIB 300' Nlof Temecula Parkway Sidewalk IR & R Sidewalk and 19 10 190 Root Prune 43345 Cofte Bataste SIdewak R & R Sidewalk and 11 6 66 RaotPrume Across from 43480 Via Bamrzo Sidewalk R & R Sidewalk and 25 6 150 Root Prune 31800 Calls Vimlarizo Sidewalk R & R Sidewalk and 6 6 36 Root Plane 31790 Calla Vlmlanzo Sidewalk R & R Sidewalk and 10 6 60 Root Prune De Portals at Campanula Way SIE comer Curb & Gutter R & R Curb & Gutter 8 8 and Root Prune 33025 Valence Court Sidewalk R & R Sidewalk and 16 6 96 Root Prune 33031 Valence Court Sidewalk R & R ShIewalk and 4 6 24 Root Prune 33030 Valence Court Sidewalk =[k and 4 6 24 IR.& 1 SUBTOTALS EA2 =F 5,675 0 0 78 2 Page 6 of 12 r ki0r,.JecteVwOapwCS03 owwida pcc mpairsIbid-dowIfy08-09 repair list.xis City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 ............................ ...... ............ .............. :$to . . . . . . . . . . . . . . . . . . . . . . . . 11 . ...... * ......... I .. ........... ..................................... : 1::: L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ ... ...... xjvy DeOn sio, SE'. .li—in Ise. spho lb,(Sf.): ........... :::PFA flEA): ...... Rancho California Road WIG 2001 W/of Promenade R & R Siklewalk and Chardommly Hills Sidewalk Root Plane 10.5 6 63 Margarita Road NIB 409 before La Serene Sidewalk R & R Sidewalk and 21 6 126 Root Prone Margarita Road NIB 400' before La Serena Curb & Gutter R & R Curb & Gutter 11 11 land Root Prune Margarita Road NIB 385' before La Serena Sidewalk R & R Sidewalk and I 37 6 222 Root Paine Margarita Road NAB 386 before La Serena Curb & Gutter R & R Curb & Gutter 21 21 and Root plane Margarita Road NIB 550' past La Serena Curb & Gutter R & R Curb & Garen 10 and Root Plane10 Margarita Road NIB 170' before Avenida Sonoma Sidewalk R & R Sidewalk and 20 6 120 Root Prune Margarita Road NIH 126 before Avenida Sonoma Sidewalk R & R Sidewalk and 10 6 60 Fast phone Margarita Road NIB 125' before Avenida Sonoma Sidewalk R & R Sidewalk and 3 6 18 Root phone Margarita Road NIB 80' before Avenibla Sonoma Sidewalk R & R Sidewalk and 31 6 186 Rot phone Margarita Road NIB 10' before Avenida Sonoma Sidewalk R K R Sidewalk and 7 6 42 Root Prune Margarita Road at Avenida Sonoma HIE comer ramp Sidewalk R & R Sidewalk and 9 14 126 IRoot From 1 Margarita Road at Avenida Sonoma N/E comer ramp Curb & Guitar land R & R Curb & Gutter 12 12 I Root From I Margarita Road NIB 250'PastAvenida Sonoma Sidewalk I R & RSdowalk and 35 6 210 Root Prune Margarita Road NIB 500' before Manage by Flashing R & R Sidewalk and school light Sidewalk Root phone 40 6 240 Margarita Road NIB 450' before Morale by catch basin Sidewalk R K R Sidewalk and 8 6 48 Root prune Margarita Road NIB 459 before Manage by catch basin Curb iGutter R & R Curb & Gutter 8 8 and Root Fruits Margarita Road NIB 240' before Moraga Sidewalk R & R Sidewalk and 5 6 30 Root phone Margarita Road NIB 1001 before Paseo Brillante Sidewalk R & R Sidewalk and 20 6 120 Root Prune Margarita Road NIB 50' before Paseo Britante by catch R & R Sidewalk and basin Sidewalk Root Prunes 10 6 60 Margarita Road NIB 50! before Paseo Brlllante by catch basin 2 52 Page 7 of 12 rVdP%Pmia,dMPwOVpw0a-03 citywide pcc repainuaid-cla,.\f,08-09 repair list x1s City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 ........... 0i�A*T16A::::: ....................... :11OM: . . . . . . . . . . . . . SCOP.EADFWORK: : : : : : : ...... ... ..... : X. . W . Amos Ramp . ..... ...... ....... .............. 'SO ........... Vrmert)idowaok ............ .... .......... . Iff. .*. � ::::: ::(�F .:.:.: .................... .... ................... . ....... Margarita Road NIB 50' before Paseo Brillande by catch R & R Curb & Gutter basin Curb & Gutter and Root Phone 6 Margarita Road at Paseo 8611ante NIE comer ramp Sidewalk R & R Sidewalk and 8 9 72 Root Prune Paseo Brillande 20' NI of Margarita Road on El side Sidewalk R & R Sidewalk and 20 6 120 Root Phone Paso Brilante 20' 81 of Via Pouts Del Sol on W/side Sidewalk R & R Sidewalk am 55 6 330 Root Phone Posen BrUlante at Margarita Road NAN comer Curb & Gutter R & R Curb & Gutter 11 11 land Root Prime Montage NIB 400'N/of Rancho California Road Sidewalk R & R Sidewalk and 10 6 60 Root Prune Moraga NIB 400' NIM Rancho California Road Drive R & R Drive Approach 15 6 90 Approach and Root Phone Moraga NIB 400'Nlof Rancho California Road Curb & Gutter R & R Curb & Gutter 27 27 and Rot Prune Margarita Road SIB 400'past Avenida Banco Sidewalk R & R Sidewalk and 10 6 60 RootPrune Margarita Road SIB 200' before Le Serena Way Sidewalk R & R Sidewalk and 7 6 42 Root Phone Margarita Road SIB 150' before La Serena Way Sidewalk R & R Sidewalk and 40 6 240 ]Root Prune Mongolia Road SIB 120' before La Serena Way Sidewalk R & R Sidewalk and 20 6 120 Root Prune Margarita Road SIB at La Serena Way NNW comer Sidewalk R & R Sidewalk and 85 6 510 Root Prune Margarita Road SIB at La Serena Way SM comer Sidewalk R & R Sidewalk and 80 6 480 Rootftna Margarita Road SIB 1001 put La Serena Way Sidewalk R & R Sidewalk and 45 6 270 Root Phone Margarita Road SIB 200' put La Serena Way Sidewalk R & R Sidewalk and 20 6 120 Root Prune Margarita Road SIB 350' past La Serena Way Sidewalk R & R Sidewalk and 105 6 630 RwtPmne Margarita Road SIB 350' past La Serena Way Curb & Gutter R & R Curb & Gutter 8 8 and Root Prune Margarita Road SIB 400' past La Serena Way Sidewalk R & R Sidewalk and 15 6 90 Root Pnme Margarita Road SIB 4401 past La Serena Way Sidewalk R & R Sidewalk and 15 90 Rot Prune Margarita Road SIB 150' before Yukon Sidewalk R & R Sidewalk and 15 I 90 Root Prone Marietta Road SIB 15V before Yukon Curb & Gutter R & R Curpb,&Gutter 5 5 i and Root I . Page 6 of 12 r%CiP%PrJecta%p O91qnw0903 citywide pco repairsIbld-domUttaco, repair llstxls City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I:.:.: . . W .LF :400do RW5 .. .. .. .. .. .. . ... .. On......... ..... . .......... ... ........... .. ... ... ....(J.. SF Ie rea ............. ..... :DTK EA): ..... ... Margarita Road SIB 70' before Yukon Sidewalk R & R Sidewalk and 30 6 180 Root Prune Yankee Run at Big Sage Court NIE comer Sidewalk R & R Sidewalk and 10 6 60 Root Prune Yankee Run at Big Sage Court NIE comer Spandrel R & R Spandrel and 15 13 195 Root Prune Yankee Run at Big Sage Court NIE comer Curb & Gutter R & R Curb & Gutter 10 10 land Root Prune Big Sage Court 201 WIof South General Kearny Road Sidewalk R & R Sidewalk and IRWI 26 6 156 Prune Rancho California Road at Yukon NIE comer Sidewalk R & R Sidewalk and 10 6 60 Root Prune Rancho California Road at Yukon NIE comer Curb & Gutter R & R Curb & Gutter 10 10 and Rot Prune 30581 Irm Bark Sidewalk R & R Sidewalk and 20 6 120 Rot Prune 305581c n Bark Sidewalk R & R Sidewalk and 7 6 42 Root Prune 42021 Teatree Court Sidewalk R & R Sidewalk and 8 6 48 I Root Prune 41875 Humber Drive Sidewalk R & R Sidewalk and 30180 RwtPmne 32053 Come Floricita Sidewalk R & R Sidewalk and 15 90 Root Prune 16 32201 32201 Code Flodella Sidewalk R & R Sidewalk and 9 54 RWtPrUW SUBTOTALS- AREA 3 139 6,037 0 0 90 195 0 Ynez Road NIB 59 before Solana Way Elside Sidewalk R & R Sidewalk and 31 6 I 186 Root Prune Ynez Road NIB 501 before Solana Way Elside Curb & Gutter R & R Curb & Gutter 21 21 and Root Prune Ynez Road at Solana Way SIE corner Handicap R & R Handicap Ramp 12 16 192 Ramp and Root Prune Ynez Road at Solana Way SIE comer Handicap R & R Handicap Ramp 12 15 180 Ramp and Root Prune Ynez Road at Solana Way SIE comer Handicap R & R Handicap Ramp 3 15 45 Ramp and Root Prune Ymz Road at Motor Car Parkway SIE comer Curb& Gutter & R Curb & Gutter 5 5 a nd Root Prune Ynez Road at Motor Car Parkway SIE comer Sidewalk R & R Sidewalk and 12 6 72 Root Prme Ynez Road at Motor Car Parkway SIE comer Sidewalk R & R Sidewalk and 8 2 16 RwtPmne Page 9 of 12 r:%cip%projeclslpwOoVww 03 citywide pcc nepalrs%l,id-domUy08-09 repair listAs City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 . LOCATION . . �Oedssllahi ...... ......... .. Drive .... ..... ........ .............................................................................. ............ ........ ......... ....... . ..... ...... I ................. ... ............... . ..................1..... . ....... no Cession ..... ... ......... ............ :: ::b ... ....... Ynez Road at Motor Car Parkway S/E come, Sidewalk R & R Sidewalk and 4 6 24 RootPrune Ynez Road at Motor Car Parkway S/E comer Sidewalk R & R Sidewalk and 1 7 6 42 Root Prune Solana Way E/B by first drive approach to apartments Sidewalk R & R Sidewalk and IRWtPmne 19 6 114 Solana Way E/B 250' past first drive approach to R & R Sidewalk and apartments Sidewalk IRoot Prune 15 6 90 Solana Way E/B 59 before Margarita Road Sidewalk R & R Sidewalk and IRoot 55 6 330 Solana Way at Rycrest N/E comer by catch basin Sidewalk R & R Sidewalk and 22 2 44 Root Prure Waynewood 20'W/of Rycrest on N/side comer Sidewalk R & R Sidewalk and 7 11 77 Root Prune Waynewood 20'W/of Rycrest on Weds comer Sidewalk R & R Sidewalk and 45 6 270 RootPrune Waynewood 20'W/Of Rycrest on Welke comer Curb & Gutter R & R Curb & Gutter 11 ii and Root Prune Nightv!eW 20' E/of Rycrest on NISIde Sidewalk R & R Sidewalk and 12 6 72 Rool Rycrest NB 100' before Vailthrook Drive Sidewalk R & R Sidewalk and 26 6 156 Rool Rycrest NIB 39 before Vailbrook Drive Sidewalk R & R Sidewalk and 26 6 156 Root Prune Across from 41929 Shorewood Court Curb & Gutter R & R Curb & Gutter 3 3 and Root Prune Rycrest Drive at Amwood Way S1W comer Sidewalk R & R Sidewalk and 9 12 108 ROtPmne Nicholas Road E/B Illy past Alexandra Drive Sidewalk R & R Sidewalk and 5 6 30 JRMI: Phone Nicholas Road E/B 155' past Alexandria Drive Sidewalk R & R Sidewalk and 10 6 60 Rool Nicholas Road E/B 300' past North General Kearny Sidewalk R & R Sidewalk and 14 84 Root Prune Nicholas Road E/B 501 Elof Villa Venecla Sidewalk R & R Sidewalk and Post Prune 16 North General Kearny 200' 3/of Deer Meadow Road on R & R Sidewalk and WIside Sidewalk Root Prune 15 90 North General Kearny 3B0' S/Of Deer Meadow Road on R & R Sidewalk and Wlsida Sidewalk Root Prune 76 6 456 North General Kearny 470'8/of Deer Meadow Road on R & R Sidewalk and ffiside Sidewalk Root Prune 100 6 600 North General Kearny 300- Slof Deer Meadow Road on Under R & R Under sidewalk alside sidewalk Drain and Root Pnm, 2 1 2 1 Drain 1 Page 10 of 12 rAclp\croJec5Avw09APW09-03 chewid. P. r.'.lra%bId-tlo Vy(a-09 repair IlstAs City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW1 0-02 ..................... ....... ........... ::: Aides. " lkpr ............ ........ ............ ...... I .. ....... .......................... :LOCATION :W:: clao : X. coast... S.Ranig ......... ............ . ...... .. .P..a t.OW.(S.P. :.A.pp.r.o... ..... :DmIK �EIA)::: ........... Deer Meadow Road at Bennod Court S/E comer Sidewalk R & R Sidewalk and 9 8 72 Root Prune Across from 27668 Sandering Way Sidewalk R & R Sidewalk and 21 6 126 Root Prune 28905 Bristol Road Sidewalk R & R Sidewalk and 10 6 60 Rot Prune Margarita Road W/Sde 1001 N/of Winchester Road Sidewalk R & R Sidewalk and 15 6 I 90 I I Root Prune Margarita Road WIside 100' N/of Winchester Road Sidewalk R & R Sidewalk and 10 6 60 Root Prune Margarita Road W/side 1000 N/of Winchester Road Sidewalk R & R Sidewalk and 6 24 Root Prune4 Margarita Road W/side 130' before Cara Way Sidewalk R & R Sidewalk and 36 6 216 Root Prune Margarita Road W/side 130' before Cam Way Curb & Gutter R & R Curb & Gutter 10 10 and Root Prune Humber Drive E/skle 301 N/of Rancho California Road Sdewalk R & R Sidewalk and 22 6 132 Root Prune Across from 29740 Via La Vida Sidewalk R & R Sidewalk and 52 6 312 Rootftne Ynez Road SIB 200' past County Center Drive Curb & Gutter R & R Curb & Gutter 16 16 and Root Pmne Ynez Road SIB 150' past Tower Pima South Handicap R & R Handicap Ramp 16 6 96 Ramp and Root Prune Ynez Road S/B 1501 pat Tower Plaza South Curb & Gutter R&R CUrpbI.Gutter 13 13 and Root a . SUBTOTALS - AREA 4 79 4,496 0 0 0 0 2 45775 Creekside Way Sidewalk R&R Sidewalk and 11 6 66 RootPmne 40021 Clubhouse Drive Sidewalk R & R Sidewalk and 17 6 102 Root Prime Redhawk Parkway SIB 209 before Paseo Parralon Sidewalk R & R Sidewalk and 32 6 192 Root Prune Cinon Drive W/B 50'S/of Vall Ranch Parkway Sidewalk R & R Sidewalk and 18 6 108 RootPrune Under 44900 Machan Drive Sidewalk R&RI Jndersidewalk 1 1 Drain and Root Prune Drain 44840 Machon Drive Under sidewalk R& R Under sidewalk I Drain Drain a nd Root Prune 32980 Regina Drive Sidewalk R & R Sidewalk and 5 6 30 I Rant P uneI I Page 11 of 12 r \C0ProJeGu%nw09%Pw09-03 citywide pcc repalmWl dom%fy0M9 mpalr fist.xIs City of Temecula FY09-10 Department of Public Works Concrete Repair List Project No. PW10-02 Page 12 of 12 - rlripyrojecleVw0ftp 03 citywide pre repaimlbid--docslfP&M repair latxis Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 13, 2010 SUBJECT: Authorize Temporary and Partial Street Closures for the 2010 Temecula Rotary Club Triathlon (within the Redhawk Area) PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the `2010 TEMECULA ROTARY CLUB TRIATHLON EVENT' BACKGROUND: The annual Temecula Rotary Club Triathlon necessitates the physical closure of certain roads within the Redhawk area to provide for the safety of pedestrians and bicyclists. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under theirjurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. This year's Rotary Club Triathlon Event is scheduled for Sunday April 18, 2010 during the hours of 5:00 AM to noon. Traffic control setup will begin one hour before start of the event at 4:00 AM. The roads to be closed for the event are as follows: Full Closure: Primrose Avenue - Pechanga Road to Peach Tree Street 2. Peach Tree Street — Primrose Avenue to Deer Hollow Way 3. Deer Hollow Way - Pechanga Parkway to Peppercorn Drive Partial Closure - Closure of 'curb lanes' only: Peppercorn Drive — Deer Hollow Way to Vail Ranch Parkway 2. Vail Ranch Parkway/Redhawk Parkway — Entire loop 3. Nighthawk Pass — Vail Ranch Parkway to Butterfield Stage Road Partial Closure will consist of a minimum of one lane each -way open for vehicular traffic. A traffic control plan depicting the race course has been approved by the City and is available on file with the Public Works Department. The Triathlon event will include a 5K Run, a 17 -mile Bicycle Race, and a 175 yard Swim Competition (at the Great Oaks High School Campus). The 5K Run will begin at the Great Oak High School parking lot at Primrose Avenue, then east on Primrose Avenue, north on Peach Tree Street, west on Deer Hollow Way, U-turn at Pechanga Parkway, then east on Deer Hollow Way, south on Peach Tree Street, west on Primrose Avenue to finish line at the High School parking lot. The bicycle route begins at the Great Oak High School Parking Lot at Primrose Avenue, then east on Primrose Avenue, north on Peach Tree Street, east on Deer Hollow Way, U-turn just east of Peppercorn Drive, north of Peppercorn Drive, east on Vail Ranch Parkway, east on Nighthawk Pass, U-turn just before Butterfield Stage Road, west on Nighthawk Pass, right on Vail Ranch Parkway, south on Peppercorn Drive, west on Deer Hollow Way, U-turn at Pechanga Parkway, east on Deer Hollow Way, south on Peach Tree Street, west on Primrose Avenue to finish line at the High School Parking lot. The estimated number of participants in the event is approximately 1000. The event will require assistance from the Public Works Department by providing support services for the street closure and the permit process. FISCAL IMPACT: The cost for Public Works Department support services are included in budgetary items. ATTACHMENTS: 1. Location Map IMPPICCONTROLOENE LND s 1—eeumi I OF£RHOLLOWWAY I mm:i �I +' +¢psi; / ROTARYCLUB OF TEMECULA TRIATHLON RACE COURSEANO TRAFFIC CONTROL PLAN- . ` Y4k.R4YCNP/Oyy ;y�yxn,i 1 1 ff. 1 Com 1 It 1 ------- I W ' ' NIFNTiIN� PWNew�� + alums_ �e Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: April 13, 2010 SUBJECT: Police Department Asset Forfeiture Account Purchases PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That City Council approve the purchase of Police equipment for a total amount of $5,300 with asset forfeiture funds held by the County of Riverside Sheriff's Department. BACKGROUND: The Riverside County Sheriff's Department maintains a Countywide Asset Forfeiture program for participating local jurisdictions. Under this program, assets from legally adjudicated narcotics related cases are held in an account for the jurisdiction from which the assets were seized. These assets must be used to purchase Police equipment or training, and the purchase must be formally approved by City Council and the County of Riverside Special Investigations Bureau (SIB) before reimbursement will be authorized. In 2009, the Police Department used the asset forfeiture fund to purchase four Police bicycles and a covert voice transmitter, as well as training for the Police K9 for a total amount of $18,959. The City has $7,206 remaining in its asset forfeiture fund. The Police Department would like to purchase two complete Tripwire systems for use by the Special Enforcement Team (SET). SET is currently using Tripwires borrowed from the Riverside County Regional Gang Task Force to provide 24-hour monitoring of locations where graffiti and other vandalism has occurred. The Tripwires have been instrumental in several arrests of graffiti vandals in the City. These systems must be returned to the County however, as the Gang Task Force needs them for their own operations. The Tripwire systems are an excellent resource not only for graffiti enforcement, but for other crimes including trespassing and burglary. They can also be set up to provide surveillance in areas where other crimes have taken place. The Tripwire systems include infrared and daylight cameras that detect movement at a target location and begin taking pictures while the SET team is notified by telephone text message that the system has been activated. In addition to the two Tripwire systems, a free one-year, city-wide subscription to GRIP, a hosted GPS based state of the art graffiti tracking system is included. The total cost of this expenditure equals $5,300. FISCAL IMPACT: Adequate funds exist within the 2009-10 Police budget to make this $5,300 expenditure which will be reimbursed by the County of Riverside with asset forfeiture funds. Item No. I I Approvals City Attorney /V Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: April 13, 2010 SUBJECT: Second Amendment to Agreement for Plan Check Review Services with Tom Haney for Fiscal Year 2009-2010 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve a Second Amendment to the Agreement for Plan Check Review Services with Tom Haney in the amount of $5,500 Services for a total Agreement of $65,500. BACKGROUND: The City of Temecula Building and Safety Department has utilized outside plan check review consulting services since inception to assist with the level of plan review services required. Plan check services include accurate code interpretation, review of construction plans for all applicable code disciplines, identification of areas of noncompliance. We have contracted with Tom Haney since August of 2009, due to the retirement of our in- house plan checker. On July 28, 2009, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Plan Check Review Services, in the amount of $40,000. This agreement was amended on December 8, 2009 to increase the payment for services in the amount of $20,000. It is necessary to amend the agreement to cover the costs of services rendered to date. FISCAL IMPACT: Appropriate funds are budgeted in line item 001-162-999-5248, Consulting Services, for Fiscal Year 2009-10. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TOM HANEY PLAN CHECK REVIEW SERVICES THIS SECOND AMENDMENT is made and entered into as of April 13, 2010 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Tom Haney, a Sole Proprietor (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: a. On July 28, 2009, the City and Consultant entered into that certain Agreement entitled "Plan Check Review Services', in the amount of $40,000. b. On December 8, 2009, the City and Consultant entered into a First Amendment entitled "Plan Check Review Services", to increase the payment for services in the amount of Twenty Thousand Dollars ($20,000). C. The parties now desire to increase payment for services in the amount of Five Thousand Five Hundred ($5,500) 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 Second Amendment amount shall not exceed Five Thousand Five Hundred Dollars ($5,500) for additional Plan Check Review Services for a total Agreement amount of Sixty Five Thousand Five Hundred Dollars ($65,500)." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Tom Haney (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: By: Peter M. Thorson, City Attorney CONSULTANT Tom Haney 32098 Camino Seneco Temecula, CA 92592 951-699-4846 Phone 951-699-4846 Fax P FSM Initials: Date: Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 13, 2010 SUBJECT: Approve the Sponsorship Request for the 2010 Temecula Valley International Film and Music Festival RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement in the amount of $45,900 for the 2010 Temecula Valley International Film and Music Festival and authorize the Mayor to execute the Agreement. BACKGROUND: The Temecula Valley International Film and Music Festival continues to be a popular signature event attracting thousands of residents and visitors of all ages. The Economic Development Subcommittee of the City Council (Mayor Pro -Tem Roberts and Council Member Washington) met to review the budget on the Temecula Valley International Film and Musical Festival and recommended continued support at the levels indicated in this staff report. This event increases tourism revenue for the City's restaurants, hotels, shopping centers, Old Town and wineries. This funding is provided through the Economic Development budgetwithin the City's General Fund. In addition, City support services comes from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party form the City of Temecula's sponsorship. 2010 Temecula Valley International Film and Music Festival Staff has received a request to sponsor the 16th annual Temecula Valley International Film & Music Festival (TVIFF) in the amount of $60,000. Due to the current economic climate, the Economic Development Subcommittee recommended that the City continues to support the International Film and Music Festival but at a sponsorship of $45,900 cash. The 2009 Film & Music Festival received City sponsorship of $51,000 cash. The Festival will be held September 15 — 19, 2010, at various venues in Temecula. The films will be screened at the Movie Experience 10-plex at Tower Plaza in Temecula. The Young Filmmakers' Showcase may be screened at the Old Town Community Theater in conjunction with the Temecula Youth Media Arts Festival. The Festival's Awards Gala Night is planned to return to Pechanga Resort & Casino. The Opening Night Film & Post Screening Reception may also be held at Pechanga this year. Post Gala Screening Receptions are planned to be held in various private estates and/or business establishments within the Temecula Valley. MusicFest in Old Town and La Cereza Winery were very well received, so the Festival plans to expand from using 3 restaurants to possibly 6 on a Saturday afternoon in Old Town and hold MusicFest finals in Wine Country. For 2010, the Festival's over-all goal is to use the same grassroots efforts and multi -media entities to provide awareness and recognition of the Festival as a yearly celebration, honoring and showcasing the finest in film and music. The 2010 Film & Music Festival's schedule of events will be similar to previous festivals which will include a diverse film and music program. The Temecula Valley International Film & Music Festival will continue film and music alliances with the Toronto International Film Festival/Film Circuit Group, the Australia Film Television and Radio School, The Rome Independent Film Festival, the American Film Institute, the USC -School of Cinematic Arts, UCLA School of Film, Scottish Documentary Institute and others. In addition, there will be film industry panels, classes, workshops and mentoring sessions. A working partnership will continue with the Temecula Valley Convention & Visitors Bureau and the TVIFF Summer Youth Film Camp/Young Filmmakers Showcase and the Temecula Youth Media Arts Festival. As in the last several years, several tour groups within Southern California and activity directors of senior citizen communities and the military will be aggressively solicited and marketed to so these groups can include the TVI FF as part of their 2010 tour and activity schedule. 2009 Temecula Valley International Film and Music Festival Recap The 15`h annual Temecula Valley International Film & Music Festival held on September 9 — 13, 2009, at the Tower Plaza in Temecula delivered on its commitment to showcase independent, emerging film and music talent while enriching the cultural landscape of the Temecula Valley and beyond, during a challenging economy. More than 300 film and music industry professionals attended. The Festival showcased 185 films including 25 narrative features, 32 documentary features, 77 short films and 84 combined student films, animated films and showcases from 26 countries and over 25 U.S. cities and states. The MusicFest presented 20 music artists from over 350 submissions. The MusicFestwas split into two performance venues — 3 restaurants in Old Town and at La Cereza Winery. Special guest performances included Lucas Grabeel (High School Musical), Eric Baines (Melrose Place), and Angelique Cooper. Earth Wind & Fire received the Lifetime Achievement Award for Music Artist, Andy Fickman, Career Achievement for Directing, and Lucas Grabeel received the Pechanga Maverick Spirit Award. Based on the 18,750 ballots casted and submitted, attendance was down from 2008 (20,072). Ironically, in spite of the economic downturn, attendees paid for all day passes more than individual screening tickets, resulting in better than expected ticket sales. Opening Night featured the movie Love Hurts with the director, producer, writer and cast present. Also, in attendance was High School Musical star, Lucas Grabeel. The Bayliens of San Francisco, Nova of Canada and Chris Hayzel Project of Los Angeles performed at the post screening party. About 60% of the films had representation from their cast and crew. Honorees Lucas Grabeel, Steve Rushton and Andy Fickman participated actively throughout the 5 -day festival. The 2009 Festival received widespread media coverage from local, regional and national print publivations, local broadcast outlets, selected television affiliates, social networking sites, e-zines, internet blogs and over 60 million electronic, broadcast, print and World Wide Web audience media impressions. A sampling of Festival media coverage included articles and mentions in the North County Times, Los Angeles Times Calendar, Hollywood News Calendar, The Press Enterprise, The Californian, San Diego Union Tribune, to name a few. Radio coverage included such stations as: KATY, KTMQ, and KMYT. FISCAL IMPACT: The City support costs for each event are included in the FY2009-10 Operating Budget of the various support departments for the recommended sponsorship amounts Adequate funds for the Temecula Valley International Film and Music Festival have been included in the FY2009-10 Operating Budget (Economic Development line item, account #001 -11-999-5266) for the recommended sponsorship amount of $45,900 cash. ATTACHMENTS: Attachment A — 2010 International Film & Music Festival Agreement Attachment B — 2010 International Film & Music Festival Overview and Budget Attachment C — 2009 International Film & Music Festival Recap ADVERTISING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY INTERNATIONAL FILM AND MUSIC FESTIVAL This Agreement is made and effective as of this 13`h day of April, 2010, by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY INTERNATIONAL FILM AND MUSIC FESTIVAL (TVIFF), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: A. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: 1. TVIFF shall operate the 16th annual "Temecula Valley International Film and Music Festival" on September 15 - 19, 2010. The Temecula Valley International Film & Music Festival ("Film & Music Festival") is a special event held at the Movie Experience 10-plex at Tower Plaza in Temecula. The Festival's Opening Night and Awards Gala Night is planned for Pechanga Resort & Casino. Post Gala Screening Receptions are planned to be held in various private estates and/or business establishments within the Temecula Valley. The MusicFest will be held in Wine Country and Old Town. If additional subsequent event venues are held outside the City of Temecula they will be subject to the written approval of the City of Temecula. Attendance at last year's event was estimated at 20,072 people. 2. The City of Temecula desires to be a "Major Sponsor" of the 2010 Temecula Valley International Film & Music Festival. B. CONSIDERATION. In exchange for the City Sponsorship Payment of forty-five thousand nine hundred dollars ($45,900.00), the City shall be designated as a "Major Sponsor" of the 2010 Temecula Valley International Film & Music Festival. C. SPONSORSHIP BENEFITS. In exchange for being a Major Sponsor, the City shall receive the benefits as listed in Exhibit A. D. SPONSORSHIP PAYMENT. The City Sponsorship Payment of forty- five thousand nine hundred dollars ($45,900) shall be used primarily for all marketing related costs as well as items required for other Film and Music Festival expenses as outlined in Exhibit B. City sponsorship funds should not be used to pay for fees of TVIFF independent contractors hire to produce the Festival, including the Executive Director as outlined in Exhibit B. E. DISTRIBUTION OF PROCEEDS: The TVIFF proceeds shall be put back into the operating expenses for the 2011 Film & Music Festival. F. MARKETING AND PROMOTION 1. TVIFF shall encourage overnight stays in the City through local room night bookings by including the Temecula Valley Convention & Visitors Bureau website booking site on all event advertising, press releases, posters, flyers, event 11086/0001/1044577-2 programs and other promotional materials as soon as TVIFF begins advertising the Film & Music Festival. 2. TVIFF shall support economies of the City of Temecula by promoting and utilizing local businesses (i.e., local food vendors, restaurants, wineries, crafters, etc.) first. 3. TVIFF shall market and promote Temecula's tourist attractions (i.e., the City's Old Town, wineries, golf, hot air ballooning, etc.) by partnering with the Temecula Valley Convention & Visitors Bureau on scheduled media visits (i.e., media day, familiarization tours, etc.) as soon as TVIFF begins promoting the Film & Music Festival. G. BUDGET. TVIFF shall submit the approved Film & Music Festival budget to the Assistant City Manager no later than sixty (60) days prior to the first day of the Film & Music Festival. TVIFF shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than ninety (90) days prior to the first day of the Film & Music Festival. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. TVIFF shall comply with all conditions of approval of the permits. H. RECEIPT OF PAYMENT. Once the insurance has been submitted and the event agreement has been executed in final form, TVIFF shall receive the City Sponsorship Payment and City Support Costs, as outlined in this Agreement. TVIFF will be required to submit a Major Temporary Use Permit along with required supplemental information and associated fees at least 60 days prior to the proposed event. I. MEETING ATTENDANCE. TVIFF shall attend all City pre -event planning meetings and event recap meetings. J. WRITTEN REPORT. No later than ninety (90) days after the conclusion of the Film & Music Festival, TVIFF shall prepare and submit to the Assistant City Manager a written report evaluating the Film & Music Festival event, its attendance, media coverage, and description of the materials in which the City was listed as a Major Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Film & Music Festival must be included in such written report. K. FINANCIAL AUDIT. TVIFF shall provide a full financial audit by an independent certified public accountant of the Temecula Valley International Film & Music Festival. This financial audit shall be conducted to include an audit of the 2010 Film & Music Festival and should be completed and submitted to the City no later than March 1, 2010. TVIFF shall utilize a portion of City funds to pay for the requested audit if the audit cannot be completed as in-kind sponsorship. A full audit will be required once every three years. L. INDEMNIFICATION. TVIFF shall defend, indemnify and hold the City, the Redevelopment Agency of the City of Temecula and their elected officials, agents, and employees free and harmless from all claims for damage to persons or by reason of 2 11086/0001/1044577-2 TVIFF's acts or omissions or those of TVIFF's employees, officers, agents, or invitees in connection with the Film & Music Festival to the maximum extent allowed by law. M. INSURANCE. TVIFF shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with the TVIFF and shall furnish a Certificate of Liability by the City. The applicable evidence of insurance shall be submitted to the City not less than thirty (30) days prior to the first day of the Film & Music Festival. TVIFF acknowledges and agrees that City may terminate this Agreement and revoke the Temporary Use Permit and Special Event Permit in the event that evidence of insurance complying with the requirements of this Section is not received on or before thirty (30) days prior to the first day of the Film & Music Festival. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall include; Include the City and the Redevelopment Agency of the City of Temecula as the insured or named as an additional insured covering all claims arising out of, or in connection with the Temecula Valley International Film & Music Festival. 2. Include the City and the Redevelopment Agency of the City of Temecula, and its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Temecula Valley International Film & Music Festival. 3. Minimum Scope of Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO -CGL Form No. CG 00 01 11 85 or 88. 4. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: One million dollars ($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. (B) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 5. The insurer shall agree to waive all rights of subrogation against the City, and the Redevelopment Agency of the City of Temecula, 11086/0001/1044577-2 its officer, officials, employees and volunteers for losses arising from the Film & Music Festival. 6. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of any modification, expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 7. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TVIFF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. GOVERNING LAW. The City and TVIFF understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. O. 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: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Assistant City Manager PRODUCER: TEMECULA VALLEY INTERNATIONAL FILM AND MUSIC FESTIVAL 31468 Corte Montiel Temecula, CA 92592 P. 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. 4 11086/0001/1044577-2 Q. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 5 11086/0001/1044577-2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA VALLEY INTERNATIONAL FILM AND MUSIC FESTIVAL By: Name: Jo Moulton Title: Executive Director By: Name: Sunny Thomas Title: Treasurer 6 11086/0001/1044577-2 11086/0001/1044577-2 EXHIBIT A TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL SPONSORSHIP BENEFITS (Attached) TEMECULF SPONSORSHIP CITY OF TEMECULA Theater/Festival Venue Exposure • Logo and / or name featured in the Festival's promotional trailer that will be screened on rotational basis during theater seating prior to film screenings during the entire 5 -day run of the festival. Minimum exposure, 3x daily for 5 days in 5 theaters • Acknowledgment on the Festival thank -you boards displayed in the Movie Experience theater Awards Gala Night • Official Welcome of Festival participants and Award Recipients by Mayor of Temecula or City representative • 20 (2 tables) Awards Gala VIP tickets FESTIVAL—WIDE EXPOSURE PrinUOutdoor Media: • One full page advertisement in the Festival Program Souvenir Guide (inside cover page) • Logo and / or name featured in the Festival's supplement program guide • Logo and / or name featured in the Festival Poster and Festival promotional one -sheets • Logo and or /name featured in Festival Banners and promotional signage Media • Extensive participation in the Festival media campaign, including print media, broadcast PSA's and on line promotions. • Acknowledgment on pre -Festival press releases announcing upcoming films, celebrities and events, distributed to over 2,500 media outlets worldwide. • Acknowledgment of sponsorship at Press Launch, Pre -festival promo events, Opening Night, Awards and Closing Night On Line Recognition • Logo and /or Name with hyperlink prominently featured on the festival official site, www.tviff.com, Direct Marketing • Opportunity to distribute promotional materials to over 15,000 festival attendees and at special festival events throughout the year it Opportunity for the City to provide collateral, promotional items and samples in the gift bags distributed to festival participants and special guests. • Opportuntiy for the City to have an Information Kiosk at Hospitality Suite or at the Theater Venue. Direct Participation • 20 VIP Tickets to Opening Night Festivities, 20 VIP Tickets to Closing Night festivities, • 50 tickets to screenings and workshops • Official Welcome of Filmmakers and Musicians during Opening Night Ceremony by Mayor • Opportunity for City management and/or staff to be presenters at, festival screenings Meet and Greet Opportunities with celebrity guests; whenever feasible. As Host City, the City of Temecula will always be acknowledged as a cooperative entity in the event titling regardless of who, if any, the eventual corporate Presenting or Title sponsor will be. EXHIBIT B TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL SPONSORSHIP PAYMENT City funds will be used primarily to pay for Marketing, which includes Publicity Services, Creative Services (for marketing collaterals), Special Events Services (Party Equipment rentals, Catering); Hospitality Services (hotel, airfare, limousines, security requirements of festival participants) and for Film & Music Festival expenses which would include theater facility rental, film and video projection equipment rental, sound and lighting equipment rental. City sponsorships funds should not be used to pay for fees of TVIFF independent contractors hired to produce the Festival, including the Executive Director. ,ea?A RTEME U LA V A L L E Y 2010 Temecula Valley International Film & Music Festival FESTIVAL AT A GLANCE Dates: September 8-12, 2010 Films Forecast 150 films from the US and beyond Music. Forecast: 15 bands from the US and beyond Attendance Forecast: 22,000 VENUES Films will be screened at the Movie Experience, Tower Plaza Young Filmmakers' Showcase maybe screened at the Old Town Community Theater in conjunction with the Temecula Youth Media Arts Festival J Music Fest will be at the Courtyard of Tower Plaza Awards Gala Dinner & Show will be at Pechanga Resort & Casino Grand Ballroom. Opening Night Film & Post Screening Reception maybe held at Pechanga Resort and Casino Showroom Post gala screening receptions are planned to b"eld,in various private estates and/or business establishments within Temecula Valley. SPONSORSHIP TVIFF offers a variety of cash and in-kind sponsorship opportunities to meet the requirements of individual and corporate sponsors as well as the Festival's. MARKETING AND PROMOTIONAL OPPORTUNITIES / STRATEGIES Each year, TVIFF garners millions of media impressions through electronic, print and internet campaign, making the Festival as one of Southwest Riverside County's most visible cultural/entertainment events. For 2010, TVIFF over-all goal is to use the same grassroots efforts and multi -media entities to further awareness and recognition of TVIFF as a yearly celebration, honoring and showcasing the finest in film and music. DEMOGRAPHIC HIGHLIGHTS OF FESTIVAL AUDIENCE 75% are ages 18-55. 80%. are college graduates . 50% earn over $60,000 58% are female • 42 % are male • 60% are repeat patrons, returning to the festival year after year. They love the arts, recreational sports, fine dining and travel. .40 TEMECULA V A L L E Y 2010 Temecula Valley International Film & Music Festival September 8-12, 2010 SCHEDULE OF EVENTS Opening Night Festivities Wednesday, Sept. 8, 2010 Red carpet welcome of all film and music festival participants, sponsors and . special guests. Movie Premiere and Post Premiere Party follows. General Screenings Thursday, Sept. 9 — Sunday, Sept. 12, 2010, 11AM — 11 PM Four days of screenings contemporary feature length films, short films, documentaries, student films and animation MusicFest Friday, Sept. 10—Saturday, Sept. 11, 2010, 7PM-11PM Two- day showcase of MIFF 2009 Top Music Artists 4 days of music industry panels, listening demos, mentor sessions and Q&A's with high profile music industry professionals. The Black Tie Awards Gala Sunday, Sept. 12, 2010 Lifetime, Career Achievement and Humanitarian Awards are presented to individuals who have achieved and made significant contributions to the film and music industry and to the festival. Master Classes, Workshops and Panels 4 days of film industry panels, pitching sessions, film production mentor sessions, Q&A's with high profile film industry icons/leaders. Closing Day Festivities Sunday, Sept. 12. 2010 Special screenings of Best of the Fest selections. Jury and Audience Choice winners announced at Awards Gala. ll• _tp TEMECU LA V A L L E Y PROGRAMMING & MARKETING STRATEGIES FOR 2010 TVIFF Visionary from the beginning, the Temecula Valley International Film & Music Festival (TVIFF) will present an energetic medley of year round offerings that embraces the artistry and innovation of the world's most imaginative storytellers and music makers. Publicity — PR / Media Relations For 2010, TAFF will again as in prior years, focus on elevating and broadening awareness and perception of MIFF not simply as a film and music event but as a world class film and music experience as well as a travel experience for hospitality and travel media. Film i Music Program and Special Projects 2010 TVIFF schedule of events will be similar to previous festivals which will include will a most diverse film and music program in terms of content, activities and entertainment offerings for TVtFF participants, visitors and special guests. Current film and music alliances with the Toronto International Film Festival / Film Circuit Group, the Australia Film, Television and Radio School, The Rome Independent Film Festival, the American Film Institute, the USC -School of Cinematic Arts, UCLA School of Film, Theater and Television, Scottish Documentary Institute, Sonicbids, WithoutaBox, The Independent Feature Project, New York, KBH Entertainment, The Composer's Corner and Music Connection are expected to continue on for 2010 TVIFF. A working partnership will continue with the Temecula Valley Convention & Visitors Bureau. Also slated for 2010 is the continuing partnership of the TVIFF Summer Youth Film Camp / Young Filmmakers Showcase and the Temecula Youth Media Arts Festival MusicFest in 2010 plans to enhance the panels and workshops component by inviting keynote speakers and continuing on with the popular demo listening sessions, where tracks submitted from the audience are picked at random for review from an expert panel. Opening Night festivities will continue to present the same spectacular Opening Night red carpet welcome for all its festival participants; The Black Tie Awards Gala will honor film and music industry legends as well as emerging talents—complete with all the glamour and glitz of a star-studded affair. Tour Groups and Group Sales As in 2008 and 2009, several tour groups within Southern California and Activity Directors of Senior Citizen communities and the Military will be aggressively solicited j and marketed to - so they include TVIFF as part of their 2010 tour and activity schedule. FEMECULA A L L E .Y. 2010 TVIFF BUDGET EXPENSES Festival Marketing Printing $ 6,000 Graphics Design $ 6,000 Promo Trailer $1,000* Signage $ 2,500 Merchandise $1,000 PR/Media Relations/Marketing ILA & Beyond) $12000 Festival Program Writer/Editor $5,000 Publicity/Advertising $12,000* *TVIFF will secure in-kind sponsorships to cover add'1 costs. Festival Operations Office Rent $8,000 Theater Rental $10,000 Video Projection Equipment Rental $3,000 Transportation Limousines $3,500* Cargo Van/Truck $500 Sound/Lighting Systems Rental $4,000 Party Equipment Rentals $4,000 Mailing/Shipping/Film Print Freight $2,000* Office Supplies/Computer/Copying Expenses $3,500 Accommodations $2,000 Telephone $4,000 Website Hosting/Maintenance $1,000 Trophies/Plaques/Certificates $2,000 Insurance $2,500 Hospitality Suite $1,500* *TVIFF will secure in kind sponsorships to cover add'1 costs. Sub Total: $45,500.00 Sub Total: $51,500.00 2010 TVHT Budget, page 2 Special Events Opening Night $2,000* Awards Gala Night $20,000* Media Day $2,000* Talent/Performance Fees $3,000* Sub Total: $27,000 "TVIFF secures sponsors to pay for major cash outlay required by these special events. Pechanga sponsors major expense requirement of the Awards Gala dinner and production costs. Festival Staff/Administrative Expenses Festival Director $25,000 Film Programming Director $5,000 Sponsorship Development $5,000 Industry Talent Liason/Coord. $5,000 MusicFest Director $2,500 Special Events Coordinator $3,500 Technical Operations Director $1,500 Projectionist $1,000 Office Asst./Volunteers Coord. $1,500 Bookeeping Services $1,000 Miscellaneous/Contingency $5,000 Director/Loan Reimbursements $5,000* Sub Total: $61,000 *Montat and Moulton agree to receive less reimbursements for2008 should sponsorships or ticket sales do not reach projected amounts. Total Festival Expense Budget: $185,000 INTERNAI IONAL FILM & MUSIC FESTIVAL rl 1 Sponsorships (cash) $135,000* Ticket Sales $ 43,000 Entry Fees $ 8,000 ( Film ! Music entries @$25, regular and $10, students)) Vendors $ 6,000 OMFF Marketplace) ) Film Society (to be launched mid May, $50@100 members) $ 6,000 Total Projected Cash Sponsorships and Sales: $198,000.00 Less Event Expenses: $185,000.00 PROJECTED NET PROCEEDS: $13,000.00 In — Kind Sponsorship is projected at approximately $210,000 worth of goods, services and trade. --------- -- �.4,... III TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL ATTACHMENT C - 2009 INTERNATIONAL FILM & MUSIC FESTIVAL RECAP s ■ ■ ■ INT E R N AT l o u AL FILM n .MUSIC FESTIVAL The 15th Annual Temecula Valley International Film & Music Festival (TVIFF) held last September 9-13, 2009 at the Tower Plaza in Temecula delivered on its commitment to showcase independent, emerging film and music talent while enriching the cultural landscape of the Temecula Valley and beyond, during a challenging economy. With cash sponsorship down over 20%, the festival surprisingly enjoyed better than expected attendance for both film screenings and music performances, better than expected number of submissions and better than expected participation of over 300 film and music industry participants. I emphasize 'better than expected' because this has been a particularly challenging year. Contributions of key services, goods, time and talent by strategic film and music industry alliances and sheer persistence and dedication by event organizers are what kept and sustained the 2009 festival from the brink of cancellation. Over the 5 day in September, we are proud to report, the festival managed to showcase 185 films including 25 narrative features, 32 documentary features, 77 short films and 84 combined student films, animated films, and showcases from 26 countries and over 25 US cities and states. MusicFest presented 20 music artists from a pool of over 350 submissions. Out of 21,000 plus ballots printed, 18, 750 were cast. Based on the 18,750 ballots cast and submitted, attendance was down from a year ago (of 20,072). Ironically, in spite of the economic downturn, attendees paid for all day passes more than individual screening tickets, resulting in a surprisingly better than expected ticket sales. Temecula's enthusiastic film and music audiences continue to affirm TVIFF's prominence as a world class showcase for extraordinary film and music experience. Majority of the films were from first or second time directors and a good percentage entered the festival without US Distribution or agency representation, maintaining TVIFF's reputation as a fiercely independent showcase for audience discovery. Audience feedback has remained positively strong, a clear indication that TVIFF was able to achieve the right film and music programming mix. Below are some of the 15th TVIFF 2009 Highlights: This year's TVIFF showcased 185 cinematic works submitted from Germany, England, Turkey, Israel, Spain, Egypt, Austria, India, China, Poland, Belgium, Argentina, Slovenia, Australia, Cuba, Bulgaria, Ukraine, Canada, Italy, France, Scotland, Brazil, Mexico, Puerto Rico, Russia and of course, from east, west, north and south state and cities of the United States. Following months of adjudication and review, Festival films were selected from 800+ international submissions, Opening Night was, as in 2008, spectacularly festive from beginning to end. The director, producer, writer and cast of LOVE HURTS were in attendance. Also in attendance was High School Musical star. Lucas Grabeel, which, along with the directors, producers and actors of over 100 films, and music artists of all music genres participating in the stunning vintage car parade and red carpet welcome, added to the glamour ambience of Opening Night. The Bayliens of San Francisco, Nova of Canada and Chris Hayzel Project of Los Angeles performed at the post screening party. 2' Among the success at this year's 15th Annual TVIFF was the high number of films that were either filmed in Temecula Valley, produced, written and directed by Temecula Valley residents and nearby communities or had production staff/crew who are residents of Temecula Valley. The films are: The Making of the Nutcracker, a behind the scenes look at the making of an annual production of the Nutcracker by a Temecula ballet studio. The documentary was produced and co-produced by arts patron Beverly Stephenson, and Annette Rosen, a long time volunteer of the Festival. Sexual Tension: The Super Adventures of Steve and Stephen- written, produced, directed and acted by former Chaparral High School graduates, Joe and Steven Greenberg. They are now filmmakers from the San Francisco area. Pig Hunt, produced, written and directed by Fallbrook resident, Jim Isaac. Jim Isaac is best known for his special effects work on such films as Star Wars: Return of the Jed!, Gremlins; and his directorial effort on the horror film, Jason X. Life on the Vine, a documentary about the Wilsons of Wilson Creek Winery. Six Degrees of Helter Skelter, a documentary on the Tate/La Bianca murders, Charles Manson and the Hollywood Elite by Outdoor Channel program director, Michael Dorsey. The Black Straw, a short film directed by Murrieta resident Jerome Billins; written and produced by former Temecula based, Press Enterprise Advertising Manager, Joe Hudon. For You, a short film, written, produced and directed by Desiree Rosen, a long time volunteer of the Festival and Temecula resident.. Also closer to home, TVIFF showcased 13 San Diego area filmmakers' short films which were produced under the 48- Hour Project of San Diego competition. Partnership with Project Twenty 1 of Philadelphia made it possible for TVIFF to showcase 13 productions from Philadelphia based filmmakers. Through Kimuak/Filmotecavasca of San Sebastian and Madrid Region Government, 20 short films from the Basque region of San Sebastian to the main inland capital city of Madrid, to the coastal region of Valencia, Barcelona gave TVIFF audience an extensive exposure to anything and everything Spain. Ondamax Films -distributor of Latin American films brought to TVIFF high quality award winning films from Brazil, Mexico, Puerto Rico and Argentina. Workshops and Panels: One on One mentoring sessions by record producer Jason Brawner; conversation with Special Effects guru, Jim Isaac and various panel discussions byindie producers, directors, writers and actors were popular with the attendees. MUSICFEST: This year's MusicFest was split into two performance venues -3 restaurants in Old Town (The Edge, Lumpy's BBQ, Baily's) and at La Cereza Winery. Friday attendance at La Cereza did not farewell. But the Saturday noon performances at the three participating restaurants in Old Town restaurants and the main stage performances at La Cereza Winery, Saturday evening were both well attended before a highly appreciative and enthusiastic audience. 3 The La Cereza Winery venue in particular resonated well with those who attended and clearly impressed first time visitors with the spectacular hot air balloon rising slowly against the picturesque backdrop of a rolling vineyard setting and great music performances all around. The featured music artists, selected by judges which consisted of industry professionals representing three music capitals in the country: New York, Nashville and Los Angeles include: Nova, Chase and the Reach, SoulJourners, Jason Damato, The Baylfens, Punchface, TwentyFour64, Danielle Tucker, A Dull Science, Katie Costello, Will Champlin, The Hayzel Project, Porscha Coleman, The New Room, Cambria Detken, Rachael Stark, Lauren Frost, Coby Brown, Lori Diamond, Andrew Solomon, La Banda Skalavera, Knightwings, Nea Special guest performances on Saturday MusicFest were: Lucas Grabeel (High School Musical), Eric Baines (Melrose Place), Angelique Cooper AWARDS: The 15th Annual Temecula Valley International Film & Music Festival Recipients include: John Debney, Career Achievement Award, Film Composer Earth Wind & Fire, Lifetime Achievement Award, Music Artists SLAMDANCE, recipient of the Distinguished Institution Award Lucas Grabeel, recipient of the Pechanga Maverick Spirit Award Dan & Beverly Stephenson, Lifetime Achievement Award, for arts patronage and philanthropy Andy Fickman, Career Achievement Award, Director Narada Michael Walden, Career Achievement Award, Record Producer Steve Rushton, Rising Star Award Awards Gala Hosts were Adam Gaynor of Matchbox 20 fame and actress/Producer, Alex Meneses. Presenters included: Bonnie Pointer of the Pointer Sisters, actress Christine Lakin, Temecula Mayor, Maryann Edwards, City Councilman Jeff Cmerchero and writer/director Mitch Klebanoff. AUDIENCE CHOICE AWARDS for both Film and Music were bestowed on the following: Best Feature Film: $5 A DAY, Director Nigel Cole, Producers: Jane Goldenring, Carol Baum, Best Documentary: The Making of the Nutcracker, Director: Inda Reid, Producers: Beverly Stephenson, Annette Rosen Best Short Film: The Bakeshop Ghost, Writer/Director: Lorette Bayle Best Animation: Chicory N Coffee, Animator: Dusan Kastelic Best Music Video: You Got It, Director: Kelly King/Producer. Brent Geisler Best Student Film: The Last Page, Writer/Producer/Director: Kevin Acevedo Best of MusicFest: SoulJourners El 2009 TVIFF SPONSORS: PRESENTING SPONSOR -CITY OF TEMECULA PRODUCING -Black Tie Awards Gala Sponsor -PECHANGA RESORT & CASINO SILVER SPONSORS -ABBOTT VASCULAR - HAROLD MATZNER - THE GARRETT GROUP - LA CEREZA WINERY -PARADISE CHEVROLET-RANCON REAL ESTATE BLACK TIE AWARDS GALA CO-SPONSORS- STAR WAY PRODUCTIONS - OMNI TECH - TIMMY D PRODUCTIONS- AFFORDABLE LIMOUSINES - EAGLE'S MARK MUSICFEST SPONSORS -GUITAR CENTER - STERLING PRODUCTIONS -OMNI TECH - TIMMY D PRODUCTIONS MUSICFEST VENUES -LA CEREZA WINERY & GALLERY- SWEET LUMPY'S BBQ- SAILY'S- THE EDGE OPENING NIGHT SPONSORS -DIVERSIDIED GLOBAL HOLDINGS -THE PROMENADE IN TEMECULA OPENING NIGHT FOOD SPONSORS TIMMY D. PRODUCTIONS -THE MELTING POT RESTAURANT- DAPHNE'S GREEK CAFE LA CASITA - PALUMBO'S RISTORANTE- SWEET LUMPY'S BBQ - BAILY'S- ROSA'S CAFE PRINTING SPONSOR -TRINITY WORLDWIDE REPROGRAPHICS TICKET SPONSOR- THE EDGE RESTAURANT & LOUNGE SUPPORTING SPONSORS SCREENVISION- CALIFORNIA BANK & TRUST - KUEBLER PRUDHOMME & Co -EVE CRAIG TEMECULA VALLEY CONVENTION AND VISITOR'S BUREAU - FEDEX-INNOVATIVE DOCUMENT SOLUTIONS VENUE SPONSORS -THE MOVIE EXPERIENCE - TOWER PLAZA -THE GARRETT GROUP - LA CEREZA WINERY GRAPHICS WEB & DESIGN SPONSOR-SIMPLI CREATIVE CONTRIBUTING SPONSORS - TREVI ENTERTAINMENT CENTER - TRINITY EVENTS- CLASS ACT TUXEDO ASSISTANCE LEAGUE OF TEMECULA VALLEY- THE OUTDOOR CHANNEL MEDIA & MARKETING PARTNERS THE CALIFORNIAN -101.3 KATY-103.3KTMQ- 94.5 KMYT-MARKETING A LA CARTE - MARSEILLE & CO. THE MUSIC CONNECTION - SONICBIDS - B-SIDE- WITHOUTABOXCOM - AMERiKIDZ MAGAZINE KBH ENTERTAINMENT- HOLLYWOOD IN MUSIC AWARDS- NEWSNET OFFICIAL PHOTOGRAPHERS - DONAL PEARCE PHOTOGRAPHY - AMANDA COURTNEY OFFICIAL SOFT DRINK SPONSOR- DR. PEPPER OFFICIAL BEER SPONSOR - SIERRA NEVADA OFFICIAL WATERS - VOLVIC - Y WATER OFFICIAL COFFEE - STARBUCKS WINE SPONSORS- KEYWAYS- BACHUS - BRIAR ROSE - LA GEREZA WINERY & GALLERY HOSPITALITY SPONSORS- CHIPOTLE - SNYDERS - HONEST TEA - MONSTER ENERGY DRINK -ARTY LAB - FRESH & EASY- PAT & OSCARS- FOOD SHOULD TASTE GOOD- KILLARNEY'S POP CHIPS HOTEL SPONSORS -EXTENDED STAY AMERICA - EMBASSY SUITES - PECHANGA RESORT & CASINO - QUALITY INN 5. 2009 TVIFF Media Coverage and Media Impressions The 2009 Temecula Valley International Film & Music Festival received widespread media coverage from local, regional and national print publications, local broadcast outlets, selected television affiliates, social networking sites, e-zines, internet blogs and over 60 million electronic, broadcast, print and World Wide Web audience media impressions. The 2009 Temecula Valley International Film & Music Festival received rave reviews from its participants. Many posted blogs or were quoted in articles about the event: "Overall the TVIFMF was a great event. It was huge for an independent artist like myself to be able to network with some major players in the industry. It was also a great learning experience for me and most importantly it was extremely fun. Two thumbs up for the TVIFMF." — by Enzime Dynamite of Bayliens, as published in the San Francisco Chronicle. "We are very proud to be a part of the festival and look forward to meeting the talented filmmakers and music artists participating," states CEO of Diversified Global Holdings Richard Lloyd, along with Vadim Enikeev. "Investing in a creative and meaningful future is something Diversified Global Holdings stands for, no matter the industry. Being a part of this talented group of people is inspiring to us." NewBlaze, Sept. 16, 2009 Signs of the Times blog: We had an awesome time the whole week and met a lot of other filmmakers. Jo Moulton, who runs this film festival did a tremendous job and made it lots of fun. I would recommend any filmmaker to attend this one next year if given the chance. Festival coverage include articles and mentions on the following: the North County Times, Californian, Los Angeles Times Calendar, Hollywood news Calendar, Music Connection, Holly wire, The Press Enterprise, San Bernardino Sun, Inland Empire Magazine, Temecula Valley Business Journal, Neighbors Newspaper, Valley, Living Magazine, Under The Sun Magazine, Valley News, Withers In, SWRNN; San Diego Union Tribune, San Francisco Chronicle, Film Fest 21,FFW, Westways Magazine, Amerikidz Magazine, 101.3 FM KATY radio, KTMQ 103.3, 94.5 KMYT, B -Side Communities, WithoutaBox.com, Sonicbids, Time Warner Cable PSA's, Newsnet, various e-zines, La.: www.vimeo.com, www.withersin.com, www.fest2l.com, www.inlandsocal.com, to name a few.; various filmmaker and music artist participant blogs, social networking sites of Facebook, Twitter, My Space as well as You Tube. 6 TEME V A L PROGRAMMING & MARKETING STRATEGIES FOR 2010 TVIFF Visionary from the beginning, the Temecula Valley international Film & Music Festival (TVIFF) will present an energetic medley of year round offerings that embraces the artistry and innovation of the world's most imaginative storytellers and music makers. Publicity — PR / Media Relations For 2010, TVIFF will again as in prior years, focus on elevating and broadening awareness and perception of TVIFF not simply as a film and music event but as a world class film and music experience as well as a travel experience for hospitality and travel media. Film / Music Program and Special Projects 2010 TAFF schedule of events will be similar to previous festivals which will include will a most diverse film and music program in terms of content, activities and entertainment offerings for TAFF participants, visitors and special guests. ! Current film and music alliances with the Toronto International Film Festival / Film Circuit Group, the Australia Film, Television and Radio School, The Rome Independent Film Festival, the American Film Institute, the USC -School of Cinematic Arts, UCLA School of Film, Theater and Television, Scottish Documentary Institute, Sonicbids, WithoutaBox, The Independent Feature Project, New York, KBH Entertainment, The Composer's Corner and Music Connection are expected to continue on for 2010 TVIFF. A working partnership will continue with the Temecula Valley Convention & Visitors Bureau. Also slated for 2010 is the continuing partnership of the TVIFF Summer Youth Film Camp / Young Filmmakers Showcase and the Temecula Youth Media Arts Festival. MusicFest in 2010 plans to enhance the panels and workshops component by inviting keynote speakers and continuing on with the popular demo listening sessions, where tracks submitted from the audience are picked at random for review from an expert panel. Opening Night festivities will continue to present the same spectacular Opening Night red carpet welcome for all its festival participants; The Black Tie Awards Gala will honor film and music industry legends as well as emerging talents --complete with all the. . glamour and glitz of a star-studded affair. Tour Groups and Group Sales As in 2008 and 2009, several tour groups within Southern California and Activity Directors of Senior Citizen communities and the Military will be aggressively solicited i and marketed to -so they include TVIFF as part of their 2010 tour and activity schedule. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (A NONPROFIT ORGANIZATION) COMPILED FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (A NON-PROFIT ORGANIZATION) STATEMENTS OF FINANCIAL POSITION DECEMBER 31. 2009 AND 2008 ASSETS See accompanying accountants' compilation report. 2009 2008 CURRENT ASSETS: Cash $ $ 1,610 TOTAL CURRENT ASSETS $ - $ 1,610 LIABILITIES AND NET ASSETS LIABILITIES: Bank overdraft $ 68 $ - Advances from board members - 19,000 TOTAL CURRENT LIABILITIES - 19,000 NET ASSETS: Unrestricted (68) (17,390) TOTAL LIABILITIES AND NET ASSETS $ - $ 1,610 See accompanying accountants' compilation report. TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL (A NON-PROFIT ORGANIZATION) STATEMENTS OF ACTIVITIES YEARS ENDED DECEMBER 31, 2009 AND 2008 2009 2008 UNRESTRICTED NET ASSETS: Support: Entry fees $ 7,436 $ 7,846 In-kind 184,800 282,750 Ticket sales 23,383 37,902 Sponsorships 99,500 113,800 TOTAL SUPPORT 315,119 442,298 Festival expenses: Accommodations 55,493 67,921 Photography 3,500 3,000 Production fees 12,210 8,600 Profesional fees 45,500 63,055 Rentals 12,584 16,323 Special events 79,605 159,057 Total Fesival Expenses 208,892 317,956 Administrative expenses: Accounting 5,525 3,515 Advertising 45,275 69,901 Computer/website - 3,450 Dues 305 285 Film Camp 895 - Insurance 1,090 1,216 License and Permits 20 - Office expense 17,804 24,051 Office rent & storage 6,647 8,152 Penalties 50 - Permit fees 150 134 Recognition 2,318 2,124 Repairs and Maintenance 216 - Travel 2,096 5,000 Utilities 6,514 6,182 Total Administrative Expenses 88,905 124,010 TOTAL EXPENSES , 297,797 441,966 INCREASE IN UNRESTRICTED NET ASSETS 17,322 332 UNRESTRICTED NET ASSETS, BEGINNING (17,390) (17,722) UNRESTRICTED NET ASSETS, ENDING $ (68) $ (17,390) See accompanying accountant's compilation report. Item No. 13 Approvals City Attorney /10 Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: April 13, 2010 SUBJECT: Award a Contract for the Old Town Civic Center (OTCC) Audiovisual Project RECOMMENDATION: That the City Council: 1) Award a contract with Western Audio Visual Corp. for the Old Town Civic Center Audiovisual project in the amount of $869,545.57 and authorize the Mayor to execute the contract. 2) Authorize the City Manager to approve change orders not to exceed the contingency amount of $86,955.00, which is equal to 10% of the contract amount. BACKGROUND: Because of the size and complexity of the City's new Civic Center, it was determined that this project requires pre -qualified Audiovisual Integrators with recent proven experience in large scale facilities. On December 8, 2009, City Council approved a list of pre- qualified Audiovisual Integrators. On February 23, 2010 City Council approved the drawings and specifications and authorized the Information Systems Department to solicit bids from the pre -qualified vendors for Project No. IS-02,Old Town Civic Center Audiovisual Integration. A notice inviting bids was prepared with a final filing date of March 25, 2010. Six vendors responded to the notice for which all six have met the pre -qualification criteria necessary to bid on this project. The following base bid results were submitted: Bidding Contractors Base Bid Location Western Audio Visual Corp. $ 776,564.13 Carlsbad, CA Spinitar $ 792,595.52 La Mirada, CA Audio Visual Innovations $ 810,704.82 Cypress, CA Anderson Audio Visual Inc. $ 969,633.62 San Diego, CA Integrated Media Systems $ 1,032,719.60 Irvine, CA Ford Audio Video $ 1,040,815.00 Tulsa, OK Each of the six bidders submitted a cost for additive bid alternates, which included two additional Clarity Cubes for the Traffic Ops Center, the Leightronix Video Server Upgrade, and an extended three year support package. The lowest responsible bidder Western Audio Visual Corp.'s Additive Bid Alternates are $92,981.44. Staff's recommendation above includes this additive bid alternate, bringing the total contract price to $869,545.57 ($776,564.13 + $92,981.44). The Consultant's (PlanNet) Estimate for the project was $1,200,000.00. Western Audio Visual Corp. provided the lowest responsive and responsible bid. They are qualified and capable of providing an integrated audiovisual solution for the OTCC. They have extensive experience with large scale municipal facilities and will provide the city with a solid audiovisual infrastructure that is guaranteed to save time and money in the future. The scope of services for this project includes the Council Chambers, Civic Auxiliary Room, Five Departmental Conference Rooms, and the Traffic Operations Center. FISCAL IMPACT: The Old Town Civic Center — Phase II project is included in the FY 2010-14 capital improvement program, and is funded with Cap Reserves Certificates of Participation and DIF — Corporate Facilities. Adequate funds are available in the project account — Account# 210-165-751-5601 for this expense. The total amount requested is $956,500.00, which includes the base agreement amount of $869,545.57 plus a 10% contingency of $86,955.00. ATTACHMENTS: Agreement Project Location Project Description CITY OF TEMECULA, INFORMATION SYSTEMS DEPARTMENT CONTRACT FOR PROJECT NO. IS -02 OLD TOWN CIVIC CENTER AUDIOVISUAL INTEGRATION THIS CONTRACT, made and entered into the 13`h day of April, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Western Audio Visual Corporation, hereinafter referred to as "VENDOR." WITNESSETH: That CITY and VENDOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Pre -qualified Vendors, Bid, Performance Bond, Labor and Materials Bond, Drawings and Specifications entitled PROJECT NO. IS -02, OLD TOWN CIVIC CENTER AUDIOVISUAL INTEGRATION, Insurance Forms, this Contract, and all modifications and amendments thereto. The AUDIOVISUAL SYSTEMS SPECIFICATIONS will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. IS -02, OLD TOWN CIVIC CENTER AUDIOVISUAL INTEGRATION (the "Project'). In case of conflict between the AUDIOVISUAL SYSTEMS SPECIFICATIONS and the other Contract Documents, the specifications shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the VENDOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. 2. SCOPE OF WORK. VENDOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. IS -02, OLD TOWN CIVIC CENTER AUDIOVISUAL INTEGRATION 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 VENDOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Eight Hundred Sixty Nine Thousand Five Hundred and Forty Five Thousand Dollars and Fifty Seven Cents ($869,545.57), the total amount of the base bid plus additive bid alternates - numbers 2, 3, and 4. VENDOR agrees to complete the work during the duration of this project and in conformance with the General CONTRACTOR'S schedule. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the VENDOR shall submit to the City Information Systems Director 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 Information Systems Director may require. This schedule, as approved by the City Information Systems Director, shall be used as the basis for reviewing the VENDOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the VENDOR 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 VENDOR filing a one- year basic 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. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, VENDOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to VENDOR. VENDOR 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 VENDOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, VENDOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, VENDOR shall provide written documentation sufficient to support its delay claim to CITY. VENDOR'S failure to provide such notice and documentation shall constitute VENDOR'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, VENDOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the VENDOR has disputed the amount of the payment, the acceptance by VENDOR of each payment shall constitute a release of all claims against the CITY related to the payment. VENDOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://vwvw.dir.ca.gov. VENDOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. VENDOR 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, VENDOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of VENDOR alone. VENDOR agrees to save, indemnify, hold harmless and defend (including appointment of competent legal counsel) CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (VENDOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by VENDOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The VENDOR 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. VENDOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. VENDOR 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. VENDOR 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. VENDOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, VENDOR 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 VENDOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, VENDOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. VENDOR's books, records, and drawings 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 VENDOR and any of its suppliers. VENDOR 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. VENDOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Vendor 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. 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 VENDOR/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, VENDOR certifies that the VENDOR 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 VENDOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Tim Thorson Tim Thorson Director of Information Systems Director of Information Systems City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Western Audio Visual Corporation (Two Signatures of corporate officers required) By: By: Name Title Name Title By: Peter M. Thorson, City Attorney VENDOR Western Audio Visual 5364 Avenida Encinitas Suite G Carlsbad, CA 92008 (760) 438-1200 FSM Initials: Date: PROJECT LOCATION Project Title: CIVIC CENTER A go PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: CIVIC CENTER Infrastructure PRIORITY: I 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. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 2,505 $ 397,495 $ 325,000 $ 725,000 Acquisition $ 82,000 $ 82,000 Construction $ 44,200,000 $ 44,200,000 Construction Engineering $ 500,000 $ 500,000 Design $ 1,348,391 $ 3,872,609 $ 5,221,000 Fixtures/Fum/Equip $ 1,500,000 $ 2,000,000 $ 3,500,000 Utilities $ 385,000 $ 385,000 Totals $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Source of Funds: Capital Project Reserves $ 1,350,896 $ 27,066,676 $ 2,325,000 $ 30,742,572 COPS $ 23,270,428 $ 23,270,428 DIF (Corporate Facilities) $ 600,000 $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 54,613,000 Future O & M Cost: $ 900,000 Annually 91 Item No. 14 ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM "GRANNY FLAT," REVISE GUEST HOUSE REQUIREMENTS AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LONG RANGE PLANNING PROJECT NO. LR09-0001) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendment to Title 17 of the Temecula Municipal Code was processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 3, 2010, to consider the proposed amendment at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendment, the Planning Commission adopted Resolution No. 10-04 recommending that the City Council approve the proposed amendments to Title 17 of the Temecula Municipal Code. D. On March 23, 2010, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendment at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. R:/Ords 2010/Ords 10-07 Section 2. Further Findings. The City Council, in approving the proposed Temecula Municipal Code amendments in Long Range Planning Project No. LR09- 0001, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Ordinance amending portions of Title 17 Of the Temecula Municipal Code to revise family daycare requirements to be consistent with State law, update public noticing requirements, require a Conditional Use Permit for certain wine tasting establishments, modify sign program regulations, clarify governmental exempt signs, streamline extension of time application requirements, remove the term "granny flat," revise guest house requirements and make other minor clarifications or typographical corrections Application, as described in the Initial Study ("the Project'). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. A. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on July 16, 2009, and expired on August 15, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. B. No written comment(s) were received during the public comment period. C. The City Council has reviewed the Negative Declaration and any comments received regarding the Negative Declaration prior to and at the March 23, 2010 public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Negative Declaration reflects the independent judgment and analysis of the City Council. R:/Ords 2010/Ords 10-07 2 D. Based on the findings set forth in the Resolution, the City Council hereby adopts the Negative Declaration prepared for this project and directs the Director of Planning to file a Notice of Determination as required by law. Section 4. The row "Large family day care home facility" of Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete footnote 1 in the row under "Large family day care home facility" and relocate the "X" (for Approval Authority) to the column "Administrative Approval' to read as follows: Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Planning Planning City Approval Director Commission Council Large family day care home X facility Section 5. Section 17.04.050 (Large family day care permits) of the Temecula Municipal Code is hereby deleted in its entirety. Section 6. The row "Family day care homes — large" of Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: Family day care homes — large P P P P P P P P Section 7. Note I" of Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: 111. Subject to the provisions of Section 17.06.050(1) of this Chapter." Section 8. Subsection I (Family Day Care Homes) of Section 17.06.050 (Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: 111. Family Day Care Homes. 1. Small family day care homes. Small family day care homes, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in all residential zoning districts. Although no specific permit is required, compliance with the performance standards contained in Section 17.06.050(1)(3) is required. R:/Ords 2010/Ords 10-07 3 2. Large family day care homes. Large family day care homes, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in all single family zoning districts with the approval of a permit for a large family day care home pursuant to the provisions of Section 17.06.050(1)(4). Compliance with the performance standards contained in Sections 17.06.050(1)(3) is also required. 3. All family day care homes shall comply with the following requirements: a. All family day care homes shall be state licensed and shall be operated according to all applicable state and local health and safety requirements and regulations; and b. All family day care homes shall comply with all land use regulations and site development standards of the zoning district in which they are located. 4. In addition to the provisions of Section 17.06.050 (1)(3) above, large family day care homes shall comply with the following requirements: a. Standards. The Planning Director shall issue a use permit to a large family day care home if the large family day care home meets the following standards and requirements as prescribed by State law: i. There shall be a minimum distance of five hundred feet (500) between the exterior property line of the site on which the large family day care home is located and the exterior property line of the nearest large family day care home. The foregoing minimum distance requirements shall not apply to small family day care homes or school day care facilities. ii. The operation of the large family day care home shall comply with all applicable noise regulations of this Code or the General Plan. The use of amplified music which can be heard from a public right of way or neighboring property is prohibited during the large family day care home's hours of operation. iii. In addition to the parking otherwise required for a single- family home, one off-street parking space shall be provided for each nonresident employee, nonresident aide and any other nonresident person engaged in the operation of the day care home. The parking space may be in the third space of an extra wide driveway or in the garage. At least two driveway spaces shall be open for access and loading. R:/Ords 2010/Ords 10-07 4 iv. At least one loading space, either in the driveway of the home, or at the curb immediately in front of the home, must be available for passenger loading and unloading, provided that the use of the driveway will not block the public right-of-way and all traffic laws are obeyed. Where street parking is available for residential uses, that shall be sufficient for this purpose provided that all traffic and parking regulations are obeyed and double parking is prohibited. b. Procedure. An application for a permit to operate a large family day care home shall be filed with the Planning Director in a form provided by the Director. Such application shall be completed and processed in accordance with Section 17.03.030 and pursuant to the following procedures as required by state law: i. Notice. Notice of the Planning Director's decision to approve or deny a large family day care home shall be shall be mailed, by United States mail, postage prepaid, to the applicants and all owners shown on the last equalized assessment roll as owning real property within one hundred feet (100') of the exterior boundaries of the proposed large family day care home ten at least (10) days prior to the effective date of the decision. ii. Hearing. No public hearing on the application shall be held unless a hearing is requested in writing by the applicant or by an affected party owning real property within one hundred feet (100') of the exterior boundaries of the proposed large family day care home. The hearing, if requested, shall be conducted by the Planning Director. iii. Appeal. The applicant or any interested party may appeal the decision of the Planning Director to the Planning Commission. The appellant shall pay the cost, if any, of the appeal." Section 9. The term "family day care home" under Subsection F ("F" Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is hereby amended to read as follows: "Family day care home" means a home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. This includes large and small family day care homes." R:/Ords 2010/Ords 10-07 5 Section 10. The term "family day care home, small' under Subsection F ("F" Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is hereby amended to read as follows: "Family day care home, small. "Small family day care home" means a home which provides family day care to eight (8) or fewer children, including children under the age of ten (10) years who reside in the home, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code." Section 11. The term "family day care home, large" under Subsection F ("F" Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is hereby amended to read as follows: "Family day care home, large. "Large family day care home" means a home which provides family day care to seven (7) to fourteen (14) children, including children under the age of ten (10) years who reside in the home, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code." Section 12. Section 17.03.040 (Public hearing and notification) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: 17.03.040 Public hearing and notification. A. Setting Public Hearing. A public hearing for an application shall be in accordance with the California Government Code. The hearing date will be set before the City Council, Planning Commission, Planning Director, or other appropriate hearing body only when the following have occurred: 1. The Planning Department has determined that the application is complete. 2. All required procedures of the California Environmental Quality Act (CEQA) and Temecula guidelines for the implementation of CEQA have been met. B. Notice of Hearing for Review of Applications. Not less than ten (10) calendar days prior to the date of a public hearing, the City Clerk shall give notice that shall include the following information concerning the public hearing: time, place, identity of the approval body, nature of the application, general explanation of the matter to be considered, and a general description (in text or by diagram) of the location of the real property, if any, that is the subject of the hearing. The City Clerk shall distribute the notice as follows: 1. A copy of the notice shall be published at least once in at least one local newspaper of general circulation in the city; provided, however, that if there is no newspaper of general circulation in the city, the notice shall be posted in at least three publically accessible locations in the city. R:/Ords 2010/Ords 10-07 6 2. The notice shall be mailed first class and postage pre -paid to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred (600) feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Planning Director's judgment, be affected by the establishment of the use or zone requested. 3. Notices shall be sent to public departments, bureaus, or agencies which are determined by the Planning Director to be affected by the application or otherwise requiring notice. 4. Whenever the Temecula City Council, Planning Commission, Planning Director, or other appropriate hearing body considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the City Clerk shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. 5. Any petition for judicial review of a decision of the City Council, Planning Commission, Planning Director, or other appropriate hearing body shall be filed within time required by, and shall be controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. All posted, published or mailed notices of public hearings to be conducted by the City Council, Planning Commission, Planning Director, or other appropriate hearing body, shall contain the following: "Any petition for judicial review of a decision of the City Council, [Planning Commission, Planning Director, or other appropriate hearing body] shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula City Council [Planning Commission, Planning Director, or other appropriate hearing body] shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice." 6. All noticing requirements required by the California Environmental Quality Act (CEQA) and the City guidelines for the implementation of CEQA shall be followed. C. Posting of Property. 1. Standard Notice. The property, which is the subject of the proposed development, shall be posted with informational signs that are four (4) feet by four (4) feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information R:/Ords 2010/Ords 10-07 7 can be obtained. For properties less than five (5) acres in size, one (1) sign per improved street frontage shall be posted on site. For properties greater than five (5) acres in size, two (2) signs per improved street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the Planning Director may determine the location for sign posting or require additional noticing of the proposed project. For projects that may change or intensify the existing use or zoning, the Planning Director may require supplemental or larger signs or both. D. Continuances. If, for any reason, testimony on a case cannot be heard or completed at the time set for such hearing, the chair of the hearing body may continue or extend the hearing to another time. Before adjournment or recess, the chair shall publicly announce the time and place at which the hearing will be continued. If the hearing is continued to a specific time and place, no further notice shall be required. E. Notice of Decision. The City Council, Planning Commission, Planning Director, or other appropriate hearing body shall hear relevant testimony from interested persons and shall make its decision within fifteen days after the close of the public hearing. Notice of the decision shall be filed by the Planning Director with the City Clerk, together with a report of the proceedings, not more than fifteen days after the decision. A copy of the notice of decision shall be mailed first class and postage pre- paid to both the applicant and to its representative (as shown on the application) and to any person who has made a written request for a copy of the decision. F. Withdrawal of an Application. Any application may be withdrawn at any time prior to a public hearing by filing with the approving body a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application or their designated agents or current fee owner. Any such application or petition may be withdrawn after commencement of a public hearing thereon, with approval of the hearing body. At the time of the withdrawal of the application, consideration may be given for refunding of application fees in whole or in part, based upon the time expended by the City staff up to the time of withdrawal of the application. Refunding policies shall be established by the City Council." Section 13. Subsection 17.03.090.B.1 of Subsection 17.03.090.13 (Decisions Which May Be Appealed to Planning Commission) of Section 17.03.090 (Appeals) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) is hereby amended to read as follows: 111. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time." Section 14. The entire row "Granny flat' of Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted. R:/Ords 2010/Ords 10-07 8 Section 15. The entire row "Granny flat' of Table 17.24.040 (Parking Spaces Required) of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted. Section 16. The Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby modified to delete the words "granny flat or" within the column Accessory Structure. Section 17. The entire row "Granny flat' of Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District -2) of Section 17.22.116 (Use regulations) of Article III (Margarita Road Planned Development Overlay District -2) of Chapter 17.22 (Planned Development Overlay Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted. Section 18. The term and definition for "Granny flat housing" within Section 17.34.010.G (Definitions and illustrations of terms) of Chapter 17.34 (Definition of terms) of Title 17 (Zoning) is hereby deleted in its entirety. Section 19. The term and definition for "Guest House" within Section 17.34.010.G (Definitions and illustrations of terms) of Chapter 17.34 (Definition of terms) of Title 17 (Zoning) is hereby amended to read as follows: "Guest House" means an additional structure to a primary residence on a parcel zoned for single-family residential, attached or detached, utilized as an incidental use to the primary residence, but shall not be utilized as self-contained living quarters or a secondary dwelling unit (see Secondary Dwelling Unit) and shall not contain cooking facilities which require outside venting per the Uniform Building Code. A guest house shall not exceed twelve hundred square feet in area and shall contain a bathroom with a toilet, sink, and a bathtub and/or shower if it is over eight hundred square feet. Section 20. Section 17.28.080 (Sign Programs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "17.28.080. Sign Programs. A. Sign Program Required. In addition to the sign permits required by this Chapter, certain types of signs and developments require a sign program to ensure that all proposed signs are in harmony with other on-site signs, buildings and surrounding developments. For existing developments without sign programs, the purpose of this provision is to bring centers or buildings without sign programs into conformance with R:/Ords 2010/Ords 10-07 9 the development code, while allowing existing legal signage to remain until new signage is proposed. 1. New Sign Program. For new developments (and for approved or existing developments that propose a major modification or propose to replace or construct a new permanent freestanding or wall mounted sign), a new sign program is required only if any of the following circumstances exist: a. Whenever a shopping center, neighborhood commercial center, office center, building, or development is greater than 100,000 square feet in total building area and has more than a total of four permanent signs counting wall mounted and free standing signs; b. Whenever the development contains a historic structure; or C. Whenever a proposed permanent sign exceeds or cannot comply with the standards required by this Chapter due to unique characteristics of the site or building fagade upon which the sign is placed. 2. Existing Sign Program. All approved sign programs for existing or approved developments shall remain in full force and effect and any revision to an approved sign program shall require a modification planning application. B. Findings. The following findings must be made by the approval body prior to approving a sign program: 1. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and C. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. 2. The sign program accommodates future revisions which may be required due to changes in building tenants; and 3. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of R:/Ords 2010/Ords 10-07 10 this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter." Section 21. Subsection B (Standards for Permanent Wall Mounted Signs for Buildings with Two Stories or Less) of Section 17.28.070 (General requirements for permanent signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories or Less. 1. Location. Wall signs shall not be located on windows or doors. 2. Number. a. For multitenant buildings, only the major tenant within the suite is permitted to have a wall sign. Subleasing tenants are not permitted to have wall signs. b. Maximum of four signs per business shall be allowed including all wall mounted business identification signs, freestanding signs and freeway signs (if any permitted). However, businesses with freestanding freeway signs shall only be permitted a maximum of three signs, or four signs as permitted by Section 17.28.210(A)(1)(a). 3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not cover more than one square foot of sign area per linear foot of the architectural fagade upon which the sign is located (and no more than seventy-five percent of the surface of the building face that the sign is located on excluding window and door areas). Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage. C. Wall signs shall not extend more than seventy-five percent of the suite length for multitenant buildings or building frontage for single tenant buildings. R:/Ords 2010/Ords 10-07 11 4. Letter Height. Minimum letter height shall be eight inches. For wall signs in two lines or more the second line may have a minimum letter height of six inches. 5. Design. a. A diversity of letter types and colors shall be encouraged for wall signs within centers to create interest. b. The use of graphics consistent with the nature of the product to be advertised shall be encouraged, i.e., hammer symbol for a hardware store, mortar and pestle for a drug store. C. Sign colors shall be selected that provide a significant contrast between the background colors and the letters. [:SII ..DI"i1liFiiC.7i1A a. Internal illumination for wall signs is acceptable in the following forms: i. Internally illuminated channel letters; ii. Internally illuminated reverse channel letters; or iii. Exposed neon if used in channel letters with transparent face or no face with the inside of channel lettering colored the same color as the neon; iv. Other exposed neon applications. b. External illumination is not permitted unless approved as part of a planning application (sign program, minor modification, major modification or development plan as applicable)." Section 22. Subsection B of Section 17.28.240 (Requirements for wall mounted business or building identification signs for buildings with two stories or less in commercial districts) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of signs shall not exceed one square foot of linear foot of architectural fagade upon which the sign is located (and shall not cover more than seventy-five percent of the surface of the building face that the sign is located on excluding window and door areas). Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage." R:/Ords 2010/Ords 10-07 12 Section 23. Section 17.28.325 (Freeway oriented signs in professional office district) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: 17.28.325 Freeway oriented signs in professional office district. Only travel oriented commercial uses such as gas stations, restaurants, fast food establishments and hotels/motels with freeway frontage are permitted to have freeway oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted signs. Freestanding signs may identify centers, multiple tenants, and/or single tenants. The provisions included in Section 17.28.210 shall apply to all signs permitted by this subsection." Section 24. Subsection F (Government Signs) of Section 17.28.050 (Exempt signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "F. Government Signs. Any official government sign, including a governmental directional sign, or a public notice or warning required by an applicable federal, state or local law, regulation or ordinance. 1. Offsite directional signs for public college or public universities. a. General Requirements. i. Each campus shall be permitted no more than three (3) signs within the City of Temecula. The Planning Director may authorize additional signs if it is determined necessary to serve the public. ii. Any sign proposed within the public right-of-way must obtain an encroachment permit and approval by the Public Works Director. iii. Maximum height of the pole shall be ten feet. iv. The edge of the bottom of the sign shall not be lower than seven feet above ground level. V. Maximum sign area for each sign shall be six square feet. vi. Signs shall have a royal blue background with white letters consistent with the governmental directional signs located within the City of Temecula and shall not contain any logos or any information other than the name of the public college or public R:/Ords 2010/Ords 10-07 13 university and an arrow indicating direction of the school. Maximum letter height shall be eight inches. b. Findings. i. Public colleges and public universities attract a constant influx of new visitors to the area and adequate directional signage is necessary to ensure the safety of the community by providing guidance to nonresidents or the general public unfamiliar with the area. These directional signs help to ensure the general public can safely and easily find the school. ii. Higher public education is a local as well as a regional priority driven by public needs and coordination between City government and public colleges/public universities will support and benefit the general public's pursuit of higher education. iii. The sign is intended to serve a public college or public university located within the City and conforms to the intent and language of the City's General Plan. The size, shape, color, visual elements and placement of the described sign shall be compatible with the surrounding area and with other lawful signs and will not detract from the character or quality of the surrounding properties." Section 25. The entire row "Wine tasting shop (including product sale for off-site consumption)" of Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted. Section 26. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add two additional rows inserted alphabetically within Subsection W within Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI W Wine tasting shop, with or without product sale for off-site consumption (Department C P P P of Alcoholic Beverage Control Type 02 only) Wine tasting shop, with or without product C C C C R:/Ords 2010/Ords 10-07 14 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI sale for off-site consumption (Department Alcoholic beverage sales in conjunction with of Alcoholic Beverage Control License an otherwise allowable use (examples C IC C C C ICC: Types other than Type 02) include: bowling alleys and golf courses)' Section 27. The entire row "Alcoholic beverage sales in conjunction with an otherwise allowable use (examples include: bowling alleys, golf courses and wine tasting establishments)" of Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted. Section 28. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add one additional row inserted alphabetically within Subsection A within Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Alcoholic beverage sales in conjunction with an otherwise allowable use (examples C IC C C C ICC: include: bowling alleys and golf courses)' Section 29. Section 17.05.020.H (Time Extension) of 17.05.020 (Administrative approval of development plan) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "H. Time Extension. The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the Planning Director shall ensure that conditions of the administrative approval comply with all current development code provisions. 1. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Planning Director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the R:/Ords 2010/Ords 10-07 15 property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred (600) feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Planning Director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Planning Director to be affected by the application. 2. For matters that are considered to have special significance or impact, the Planning Director may refer such items to the Planning Commission for consideration at a noticed public hearing." Section 30. Section 17.05.010.H (Time Extension) of 17.05.010 (Development plan) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "H. Time Extensions. The Planning Director may, upon an application being filed prior to the expiration, grant a time extension of one year (up to three extensions may be granted). Upon granting the extension, the Planning Director shall ensure that the development plan complies with all development code provisions. 1. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Planning Director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred (600) feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Planning Director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Planning Director to be affected by the application. 2. For matters that are considered to have special significance or impact, the Planning Director may refer such items to the Planning Commission for consideration at a noticed public hearing." R:/Ords 2010/Ords 10-07 16 Section 31. The first three paragraphs of Section 17.04.010.1-1 (Time Extension) of 17.05.010 (Conditional Use Permits) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Municipal Code, commencing with the words "H. Time Extension. Notwithstanding the foregoing, the permittee may..." and ending with the words "...authorized by the grant of approval or conditional approval." are hereby amended to read as follows: "H. Time Extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the plot plan. Each extension of time shall be granted in one- year increments only. An application for an extension of time shall be made to the Planning Director, on forms provided by the Planning Department and shall be filed with the Planning Department, accompanied by the appropriate filing fee. Within thirty days following the filing of an application for an extension of time, the Planning Director may approve, conditionally approve or deny the application. An extension of time may be granted by the Planning Director only upon a determination that the property and use are consistent with the general plan, land use ordinance, and all other city ordinances and regulations. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Planning Director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred (600) feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Planning Director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Planning Director to be affected by the application. For matters that are considered to have special significance or impact, the Planning Director may refer such items to the Planning Commission for consideration at a noticed public hearing. Any Conditional Use Permit which is not used within the time specified in the grant of approval, or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The Planning Director may extend such approval for a period not to exceed one year provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the grant of approval or conditional approval." R:/Ords 2010/Ords 10-07 17 Section 32. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 33. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 34. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2010/Ords 10-07 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of March, 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 13th day of April, 2010, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IG1:i..11FG11►�Ko1l1►[MIN dil:4dil:l:4:& 1 Susan W. Jones, MMC City Clerk R:/Ords 2010/Ords 10-07 19 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of MARCH 23, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:22 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 9 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve the action minutes of March 9, 2010. 10 Santa's Electric Light Parade and Christmas Tree Lighting Ceremony in Old Town - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Approve the relocation of the Annual Santa's Electric Light Parade to Old Town Front Street, from its current location on Jefferson Avenue; 10.2 Approve the relocation of the Annual Christmas Tree Lighting Ceremony to the Civic Center in Old Town Temecula, from its current location at the Temecula Duck Pond. 11 Acceptance of Improvements and Notice of Completion for the Temecula Community Center Expansion Project — Project No. PW06-05 - Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Accept the Temecula Community Center Expansion, Project No. PW06-05 as complete; 11.2 Direct the City Clerk to file 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; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. PULLED FOR SEPARATE DISCUSSION 12 Award the Construction Contract for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings — Project No. PW06-05 - Approved Staff Recommendation (5-0-0) — Director Naggar made the motion; it was seconded by Director Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Award a construction contract for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project No. PW06-05 to Caltec Corp. in the amount of $520,950; 12.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $130,237.50, which is equal to 25% of the contract amount; 12.3 Approve the acceleration and transfer of $159,200 from the Capital Improvement Budget of FY2010-2011 for the Old Town Gymnasium to the current FY2009- 2010 for the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings, Project No. PW06-05; 12.4 Make a finding that the Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Mike Rasmussen of Rasmussen Brothers Construction, Inc. addressed the Council with regard to the proposed recommendation to award a construction contract for the Temecula Community Center Expansion. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:40 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 13, 2010, 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. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Item No. 16 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 13, 2010 SUBJECT: TCSD Proposed Rates and Charges for FY 2010-2011 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2010-2011 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B — Residential Street Lighting. 2. Service Level C — Perimeter Landscaping and Slope Maintenance. 3. Service Level D — Recycling and Refuse Collection. 4. Service Level R — Unpaved Road Maintenance. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections there are four (4) zones that are subjectto an annual increase in their rate and charge based on the CPI change from Decemberto December. The CPI change from December 2008 to December 2009 was 1.83%. As a result, the following zones will see a slight increase in their rates for 2010-2011. Zone No. and Name 09-10 Rate 10-11 Rate 6 - Woodcrest County $ 95.10 $ 96.84 29 - Gallery Portraits $ 339.34 $ 345.54 31 - Roripaugh Ranch $ 27.99 $ 28.50 32 - Vinyard View $ 640.64 $ 652.36 Zones 31 and 32 were previously established however due to delays in construction these developments will not be assessed in Fiscal Year 2010-2011. All other zones are not proposed to increase at this time. Service Level D — Recycling and Refuse Service A decrease is proposed to the annual rate and charge for Service Level D from $228.12 to $220.66 per residential unit beginning Fiscal Year 2010-2011. The franchise agreement with the trash hauler required a residential rate survey of jurisdictions within the western Riverside County area. As a result of the survey a decrease of $7.46 rate is proposed. Service Level R — Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Level R are not proposed to increase from their approved per parcel rate. Due to a high fund balance in 2009-2010 each parcel located within the Service Level R was assessed at a half rate. In 2010-2011 the full assessment will be restored in order to provide services as needed. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2010-2011 and schedule a public hearing concerning these issues for June 8, 2010. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges after the June 8, 2010 public hearing. FISCAL IMPACT: The revenue generated for the TCSD FY 2010-2011 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The proposed TCSD levy budget for FY 2010-2011 is $8,425,763. ATTACHMENTS: 1. Resolution of Intention 2. Public Hearing Notice RESOLUTION NO. CSD 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2010-2011 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2010-2011 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report') to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2010-2011. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 8th day of June, 2010, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 43200 Business Park Drive, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article MID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 13th day of April, 2010. Chuck Washington, President 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 Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 10- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 13th day of April, 2010, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: IG1:1[..11FG11►�:107-Al7Q7di1 Adil:l 42951 Susan W. Jones, MMC City Clerk/Board Secretary EXH I BIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2009, Willdan Financial Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2010-2011. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: 1. Service Level B — Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D — Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single- family residential dwellings. 4. Service Level R — Unpaved Road Maintenance. Maintenance of unpaved streets and roads. The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2010-2011 as follows: SERVICE LEVEL/LEVY BUDGET /SFR Service Level B $ 954,290 $25.68/$12.84 Service Level C $ 1,584,798 Variable Service Level D $ 5,876,635 $220.66 Service Level R $ 10,040 Variable TOTAL TCSD LEVY FY 2010-2011 $ 8,425,763 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2010-2011 are as shown on the Levy Roll on file with the City Clerk/District Secretary. Temecula Community Services District Fiscal Year 2010-2011 (July 1, 2010 — June 30, 2011) Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Community Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. NOTICE IS HEREBY GIVEN that on Tuesday, June 8, 2010 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the 'TCSD") will hold a public hearing on the levy and collection of rates and charges within the TCSD on the property tax rolls for Fiscal Year 2010-2011. SUMMARY OF PROPOSED SERVICES FOR FY 2010-2011 Property owners in the City of Temecula only pay for the services used and made available to their property. Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by the TCSD are divided into four Service Levels: 1. Service Level B — Residential Street Lighting. Operation, maintenance, utility costs and administration of residential streetlights. This established rate of $25.68 is not proposed to increase from last year. 2. Service Level C — Perimeter Landscaping. Operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The rates for Zone 6 (Woodcrest Country) and Zone 29 (Gallery Portraits) will increase as approved by property owners. All other zones' rates are not proposed to increase from last year. 3. Service Level D — Recycling and Refuse Collection. Operation and administration of the refuse and recycling program for single-family dwellings. The proposed rate for Fiscal Year 2010-2011 is $220.66. Based on a rate survey of jurisdictions within western Riverside County, which was complete in March 2010, TCSD proposes to levy the Service Level D rate in an amount that is $7.46 lower than the Fiscal Year 2009-2010 rate. 4. Service Level R — Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the TCSD. These rates are not proposed to increase from last year. The TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2010-2011 (the "Report"), which is on file with the District Secretary. A copy of the Report is available for public inspection at City Hall, 43200 Business Park Drive, Temecula, California, Monday through Friday from 8:00 a.m. to 5:00 p.m. CHANGES FROM LAST YEAR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE — SERVICE LEVEL C The following zones' rates will increase based on a CPI adjustment: Zone 6 Woodcrest Country annual assessment will increase from $95.10 to $96.84. Zone 29 Gallery Portraits annual assessment will increase from $339.34 to $345.54. - 1 - CHANGES FROM LAST YEAR - CONT - A decrease is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) from $228.12 to $220.66. Due to a contractual agreement with the waste hauler, a residential rate survey of other jurisdictions within the western Riverside County area was to be performed in March 2010. As a result of the survey, the rate for Service Level D recycling and refuse collection will experience a decrease of $7.46. RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owner's property, or alleges that an error has been made with respect to the application of the rate or charge to the property, must file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2010. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2010-2011 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2010, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2010-2011 (JULY 1, 2010 TO JUNE 30, 2010) The proposed budget for the TCSD for Fiscal Year 2010-2011 is as follows: Service Level B $954,290 Service Level C $1,584,798 Service Level D $5,876,635 Service Level R $10,040 Total $8,425,763 PUBLIC HEARING At the Public Hearing scheduled for June 8, 2010 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 43200 Business Park Drive, Temecula, California, or by mail, at P.O. Box 9033, Temecula, California, 92589-9033, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the proposed rates and charges of the TCSD for FY 2010-2011. PUBLIC WORKSHOP A community workshop will be held at City Hall in the Main Conference Room on Wednesday evening, May 12, 2010, at 6:00 p.m. to answer questions and concerns prior to the Public Hearing. City Hall is located at 43200 Business Park Drive, Temecula, California. The workshop is open to the public, and all property owners are encouraged to attend. QUESTIONS AND INQUIRIES If you have any questions, please don't hesitate to contact the Community Services District at (951) 694-6480. The Temecula Community Services District is located at City Hall, 43200 Business Park Drive, Temecula, California. The mailing address is P.O. Box 9033, Temecula, CA, 92589-9033. Thank you for taking the time to review this information and we are looking forward to serving you. - 2 - Item No. 17 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 13, 2010 SUBJECT: 4th of July Fireworks Presentation PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve a five year Agreement between the City of Temecula and Pyro Spectaculars, Inc. to provide fireworks presentations in an amount not to exceed $34,500 annually, plus a 10% contingency. BACKGROUND: Since July 4, 1992, the City of Temecula has provided its citizens and their guests, a city-wide special event commemorating America's independence. The conclusion of this annual event has included a twenty-two to twenty-five minute fireworks presentation. On February 17, 2010, staff issued a Request for Qualifications (RFQ) soliciting proposals from the following three (3) professional pyrotechnic companies: Fireworks & Stage FX America Pyro Spectaculars, Inc. Zambelli Fireworks On March 10, 2010, the City received one (1) response to the RFQ from Pyro Spectaculars, Inc. Pyro Spectaculars, Inc. is a southern California based professional fireworks display company with a proven record of providing the City of Temecula with a winning combination of product, qualified staff and production capabilities. The cost of services include the knowledge and support of a licensed pyrotechnic operator and staff, show choreography and design, required permit submittals, insurance coverage, sales tax, delivery, installation and an electronic firing system. FISCAL IMPACT: Adequate funds are available in the fiscal year 2009-2010 annual operating budget in account number 190-183-999-5370. ATTACHMENTS: Agreement Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2010 Mae Iof4 PRODUCTION AGREEMENT This agreement ("Agreement") is made this 13 day of April 2010 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as CTYRO" ), and City of Temecula and the Temecula Community Services District, hereinafter referred to m ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. 1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production'), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program 'W', attached hereto and incorporated herein by this reference. - - 1.1 PYRO Duties— PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work-), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein. 1.2 CLIENT Duties— CLIENT shall provide to PYRO a suitable site ("Site) for the Production, security for the Siteasset forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its partto be performed as mora specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. Time and Place -The Production shall take place on July 4, 2010; at, at approximately 9,00 PM at Rancho California Sports Park on the hilltop east of Fire Station # 84. Pauba Street. Temecula, CA, Site. 3. Fees, Interest, and Expenses 3.1 Fee - CLIENT agrees to pay PYRO a feeof334S00:W.LSD (THIRTY-FOUR THOUSAND FIVE HUNDRED Dollars) ( Fee") fcr the Production. CLIENT shall pay to PYRO $17250:00 USD (SEVENTEEN THOUSAND TWO HUNDRED FIFTY Dollars}of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated ab OS 0.00, or an amount to be determined for a total of $17,250.00 as a deposit ("Deposit ) upon the execution of this Agreement by bothparties but no later than April 2.2010] The balance of the Fee shall be paid no --dater than July 5, 2 _010: CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pym, is set forth in paragraph 20. 3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT wil I be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees. 3.3 Expenses — PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work. 4. ProurietaryRights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production,: except that PYRO does not own CLIENT -owned material or third -party -owned materialthat has beenincluded in the Production; and as to such CLIENT -owned and, third -party - owned material;. CLIENT assumes full responsibility therefore CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -party -owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the me of CLIENT -owned material and opresentsthat it has: or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production- PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process .without the express written permission of PYRO is prohibited- 5. rohibited5. Safe - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO'ssole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO 6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production; including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production. 7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other cleanup which maybe required of the Production or set-up, discharge and fallout areas including any environmental clean-up. PS V 1-2a Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 CITY OF TEMECULA TEMECULA COMMUNIT_ Y SERVICES DISTRICT; Ver. #1 July 4, 2010 Pale 2 of 4 8. Permits - PYRO agrees to apply for permits required for the discharge of pyrotecbnics from the Riverside County Fire Department (or other authority havingjurisdiction), FAA, USCG, and the State of California, as required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, eventlactivity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government- 9. overnment 9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be famished to CLIENT prior to the rendering of services hereunder and shall include the following: (I) that it may not be canceled or modified without the insurance carrier providing at least thirty (30) days prior written notice to CLIENT; and (2) that the following are named as additionally insured: CLIENT; - Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services. Evidence of other insurance shall be provided upon CLIENT's writtenrequest to PYRO. 10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury; and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the Ions of life, personal injury; and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. - If- Limitation of Damages for Ordinary Breach -Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled toclaimer recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. 12. Force Majeure -CLIENT agrees to assume the risks of weather,. strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time; or should any event for which CLIENT has purchased the Production be canceledasa result of such causes, CLIENT may (i) reschedule the Production and pay. PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled. 13. Reschedufing•Of Event -df CLIENT elects to reschedule the Production, PYRO .shall .be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15%service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 -days of receipt CLIENT and PYRO shall agree upon therescheduled date taking into consideration. availability of permits,materials, equipmen( transportation. and labor. The, Production shall be rescheduled for a date not more. than 90 Days subsequent to the date first set for the Production.. The Production shall not be rescheduled to a dme, or form event, that: historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or. between December 15th and January I Sth unless the original date was December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business. operations during those periods. 14. Right To Cancel—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to: pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impracticalorextremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production. 15. No Joint Venture At is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture: between CLIENT and PYRO. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. - 16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws ofCalifomia. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. 17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO — Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. li.` AV0 Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2010 Paae 3 of 4 Locust Avenue, Rialto, California 92377. CLIENT Temecula Community Services District, 43200 Business Park Drive Temecula CA 92590 or P.O. Box 9033, Temecula, CA 92589-9033 18. Modification of Terms —All terms of the Agreement mein writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 19. Severability—If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns. 20. Price Firm —If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production me subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through April 2, 2010 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions, paragraph 20, above. EXECUTED as of the date first written above: PYRO SPECTACULARS, INC. By: Ch N&A�6 0 r�, Its: J ouza, President SHOW PRODUCER: Jeff Martin PS V 1-2a CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, President By: Peter M. Thorson, City Attorney By. Susan W. Jones, MMC, City Clerk Pyro Spectaculars, Inc. CITY OF TEMECULA P.O. Box 2329 TEMECULA COMMUNITY SERVICES DISTRICT Rialto, CA 92377 Ver. # 1 Tel: 909-355-8120:::: Fax: 909-355-9813 July 4, 2010 Page 4 of 4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO") and CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ("CLIENT') Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production on July 4, 2010, at approximately 9:00 PM at Rancho California Sports Park on the hilltop east of Fire Station # 84, Pauba Street, Temecula, CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Reauirements Limits Commercial General Liability $5,000,000.00; Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence Owned. Non -Owned and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Employer Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: • All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. • Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. • Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary PS V 1-2a Term Addendum to Production Agreement (Special) The following agreements, covenants, conditions and promises are hereby added to and incorporated in that certain Production Agreement between CITY OF TEMECULA — TEMECULA COMMUNITY SERVICES DISTRICT ("Client'), and Pyre Spectaculars, Inc. ("Pyro"), in connection with the Fireworks Show Production at Rancho California Sports Park on the hilltop east of Fire Station # 84, Pauba Street, Temecula, CA on July 4, 2010. If any provision of this Term Addendum shall conflict with any other provision contained in the Production Agreement, the provisions of this Term Addendum shall prevail. In consideration of Pyro having heretofore made an adjustment to its regular pricing structure, which is more favorable to Client, in connection with the fireworks show to be performed on July 4, 2010, Client hereby agrees to purchase not less than four (4) additional fireworks shows, one to be performed on or before July 4, 2011, one to be performed on or before July 4, 2012, one to be performed on or before July 4, 2013, one to be performed on or before July 4, 2014. The later show(s) and Option show, if elected, shall be of the same type, size and duration, and shall be performed at the same location, as the first show. The prices of the later shows and all other terms and conditions shall also be the same as the immediately preceding show, except that the price may be adjusted upward not more than ten percent (10%) annually to reflect increased insurance, product, tabor, tax, and/or duty costs, if any, and prices or products may be adjusted to reflect the unavailability of products, changes in the laws or regulations applicable to such shows or products, and/or material changes in other conditions including without limitation importation, shipping and transportation costs. Dated: PYRO SPECTACULARS, INC. CLIENT Signature Name Title City of Temecula— Temecula Community Services District Pym Spectaculars, Inc.—Special Five Year Term Addendum July 4, 2010 Item No. 18 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 13, 2010 SUBJECT: Community Services Guide to Leisure Activities Brochure PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors award a contract to San Dieguito Printers for the printing services necessary to produce six (6) issues of the Guide to Leisure Activities Brochures over a three (3) year period. The cost of printing the brochure is $30,260 annually, plus a contingency of 10% or $3,026 annually. BACKGROUND: Since incorporation, the Community Services Department has been proud to provide the residents of Temecula an informative bi-annual printed guide that offers opportunities of the many leisure and cultural activities throughout the City. For many years, the brochure has served as the primary marketing tool and continues to assist in building a sense of community through people, parks and programs. Past surveys indicate that 79% of our TCSD program participants were informed of our program by the Guide to Leisure Activities Brochure. A Request for Qualifications was recently released to solicit proposals for the professional printing services of the Community Services Guide to Leisure Activities Brochure. Request for Qualifications were sent to eighteen (18) qualified printing professionals. In addition, notification went through Planet Bids informing potential printing professionals that a Request for Qualifications was available. Staff received six (6) proposals from the following printing professionals: Graphics Unlimited Precision Litho Robinson's Printing RR Donnelley San Dieguito Printers VQS Enterprises Based upon vendor's qualifications, seventy-three years of printing experience, overall cost and sound references, staff is recommending award of contract to San Dieguito Printers. FISCAL IMPACT: The cost to produce two (2) issues of the City of Temecula's Guide to Leisure Activity Brochure annually is $30,260 plus a 10% contingency not to exceed $3,026. Unencumbered funds currently exist in the line item budget. ATTACHMENTS: Non -Exclusive Agreement between the Community Services District and San Dieguito Printers for printing services. AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SAN DIEGUITO PRINTERS GUIDE TO LEISURE ACTIVITIES BROCHURE THIS AGREEMENT is made and effective as of April 13, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and San Dieguito Printers, a Sole Proprietor (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on April 13, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 31, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond January 31, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant 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 Agreement. 5. PAYMENT a. The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Ninety thousand, seven hundred and eighty dollars for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Artist at the time City's written authorization is given to Consultant for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the E performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have 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 Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection 3 with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 4YR818181M f 9311156 :I. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 111 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be 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 Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION 5 a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General 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 Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (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. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand Deliveries ONLY Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 To Consultant: San Dieguito Printers Attn: Dennis Price 1880 Diamond Street San Marcos, CA 92078 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed It up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation 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. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant 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. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: San Dieguito Printers (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT San Dieguito Printers Attn: Dennis Price 1880 Diamond Street, San Marcos, CA 92078 760-744-0910 760-744-5811 dennisp@sd-print.com FSM Initials: Date: I EXHIBIT A Tasks to be Performed RECREATION BROCHURE SPECIFICATIONS AND SCOPE OF WORK The purpose of this project is to provide the City of Temecula with a professional guide to City leisure activities. It is envisioned that the end result of this project will be used to inform the general public of all leisure, sports, special events, social and cultural activities and services available through the Community Services Department. SPECIFICATIONS • Vendor will be responsible for the printing, binding and delivery of the bi-annual City of Temecula's Guide to Leisure Activities Brochure. • Produce six (6) issues of the City of Temecula's Guide to Leisure Activities. Brochures must be distributed May 14, 2010, December 10, 2010, May 13, 2011; December 9, 2011; May 11, 2012 and December 14, 2012. • Vendor will supply District staff with a production schedule. Vendor will guarantee the brochure will be timely prepared for distribution by direct mail. • The brochure will be a forty-eight page 8-1/2" x 11" full color (4/4) on 701b.coated book paper using high quality ink and prints. • A minimum of 38,000 printed and bounded copies of each issue will be required for distribution. • Submit a high resolution proof for approval, as needed, by the Community Services Department prior to printing. Any final printing of the brochure without a final approval from authorized Community Services staff will result in non-payment. • The District recognizes its role in certifying the accuracy of the publication. The Vendor shall be responsible for guaranteeing the accuracy of the publication from receipt of the approved final proof to the printing press. • Divide brochure by postal route, label, route, and deliver to the U.S. Post Office for bulk direct mail delivery, and to the Community Services Department office located at 43200 Business Park Drive, Temecula. E City of Temecula "Exhibit B " PAYMENT RATES AND SCHEDULE The City recognizes the Vendor may not be able to project cost for a two (2) year period. Please provide an estimated publication cost not to exceed 10%. The proposed fees associated with this project shall be submitted as follows, I have included all associated costs within this quote: Section I (Based upon a forty-eight page brochure at 38,000 copies) A. May 14, 2010 publication cost $15,130* (Includes tax) *Publication cost not to exceed a total of 7016 in a calendar year with verification of increases ofpaper cost from the mills B. December 10, 2010 publication cost $15,130* (Includes tax) *Publication cost not to exceed a total of 7% in a calendar year with verification of increases ofpaper cost from the mills C. May 13, 2011 publication cost $15,130* (Includes tax) *Publication cost not to exceed a total of 7% in a calendaryear with verification of increases ofpaper cost from the mills D. December 9, 2011 publication cost $15,130* (Includes tax) *Publication cost not to exceed a total of 7% in a calendar year with verification of increases ofpaper cost from the mills Section II (Option year based upon a forty-eight page brochure at 38,000 copies) A. May 11, 2012 publication cost $15,130* (Includes tax) *Publication cost not to exceed a total of 7% in a calendar year with verification of increases ofpaper cost from the mills B. December 14, 2012 publication cost $15.130* (Includes tax) *Publication cost not to exceed a total of 7% in a calendar year with verification of increases ofpaper cost from the mills Section III (Additional cost should numbers of brochures necessary exceed 38,000 copies) A. Per 1, 000 copies $346/M (Includes tax) By signing this Request for Proposal, Vendor has read and will comply with all terms and conditions herein, which includes a penalty clause. _ D Anis Price, Marketing Administrator Signature of Authorized Representative Name, Title and Date REDEVELOPMENT AGENCY Item No. 19 ACTION MINUTES of MARCH 23, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 8:40 PM. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 14 Action Minutes - Approved Staff Recommendation (5-0-0) — Agency Member Comerchero made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Approve the action minutes of March 9, 2010. 1 RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 8:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 13, 2010, 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. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] Item No. 20 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: April 13, 2010 SUBJECT: Approval of a Loan Agreement for Facade Improvements at the Emporium Center PREPARED BY: Dana Schuma, Associate Planner RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE "FACADE IMPROVEMENT GRANT AND LOAN AGREEMENT AFFECTING REAL PROPERTY AT 42050 MAIN STREET, TEMECULA" BETWEEN THE AGENCY AND HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 BACKGROUND: On April 13, 2009, the City of Temecula Old Town Local Review Board approved a Minor Modification, Certificate of Historic Appropriateness, and Sign Program for a facade improvement to the 10,793 square foot Emporium Center located at 42050 Main Street. The proposed improvements will preserve and improve the historic landmark building while keeping the theme of the existing architecture. On April 23, 2009, the property owners submitted a Facade Improvement Program application requesting assistance from the Redevelopment Agency to offset the cost of repairs. Agency staff determined that the project is eligible for funding through the Facade Improvement Program budget in an amount up to $43,273.00 which includes an initial $5,000.00 Grant, a $12,500.00 Rebate (matching funds grant), a low-interest loan in the amount of $24,773.00, and Pursuant to Section 3.C.1) a) of the Loan Agreement, an additional one thousand dollars may be added to the loan to cover the costs of plan check and inspection. This provision was added to the loan agreement at the request of the Applicant. Proposed improvements to the Emporium Center will replicate Western themed architecture consistent with the Old Town Specific Plan Design Guidelines. Proposed fapade improvements to the main building include a new seven -foot wide corrugated aged metal canopy along the front walkway facing Main Street, new six inch by six inch wood columns, and new decorative corbel detailing. The existing trellis above the open air pedestrian walkway will be repaired and finished. Proposed improvements to the historic Friedeman Meat Market building include new horizontal board and batten siding, a new decorative balcony, corbel detailing, and a new paint scheme. A full description of the proposed improvements is included as Exhibit B of the Loan Agreement and is consistent with the prior Old Town Local Review Board approvals. FISCAL IMPACT: The 2009-2010 Fapade Improvement Program (FIP) budget is $80,000. Approval of this loan agreement would provide Agency assistance in an amount not to exceed $43,273.00. ENVIRONMENTAL: The proposed Fapade Improvement is categorically exempt from the California Environmental Quality Act ("CEQA") pursuantto Sections 15301, Existing Facilities, and 15302, Replacement or Reconstruction, of the State CEQA Guidelines because the project approved by the Agreement consists of the reconstruction of the facades of existing structures where the reconstructed portion of the buildings will be located on the same site as the existing building and the refurbished building with new fapade improvements will have substantially the same size, purpose and capacity as the existing buildings. ATTACHMENTS: Redevelopment Agency Resolution Grant and Loan Agreement Old Town Local Review Board Staff Report RESOLUTION NO. RDA 10- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE "FAQADE IMPROVEMENT GRANT AND LOAN AGREEMENT AFFECTING REAL PROPERTY AT 42050 MAIN STREET, TEMECULA" BETWEEN THE AGENCY AND HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Redevelopment Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Redevelopment Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Redevelopment Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Redevelopment Plan as of July 1, 1991. C. The proposed "Fagade Improvement Grand And Loan Agreement Affecting Real Property At 42050 Main Street, Temecula" between the Agency and Hugh Saber-Motamedi And Joice Saber-Motamedi, Trustees Of Saber-Motamedi Revocable Declaration Of Trust Dated September 18, 2002 ("Owner") will provide a grant and a loan to the Owner to refurbish the facades of the Emporium Building located at 42050 Main Street in Old Town Temecula. D. The proposed Agreement is intended to effectuate the Redevelopment Plan by improving the appearance of the Project Area by assisting in the improvement and maintenance of facades of buildings within the Project Area. E. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area and the Agency's Facade Improvement Program for the Project Area. F. The Agreement is consistent with the City's General Plan. G. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. H. The Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Redevelopment Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Agency finds, determines and declares that no environmental review of the Agreement is required because the Agreement is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301, Existing Facilities, and 15302, Replacement or Reconstruction, of the State CEQA Guidelines because the project approved by the Agreement consists of the reconstruction of the facades of existing structures where the reconstructed portion of the buildings will be located on the same site as the existing buildings and the refurbished buildings with new fagade improvements will have substantially the same size, purpose and capacity as the existing buildings and negligible expansion of the use beyond that which currently exists. Section 3. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Fagade Improvement Grant And Loan Agreement Affecting Real Property At 42050 Main Street, Temecula" between the Agency and Hugh Saber-Motamedi And Joice Saber-Motamedi, Trustees Of Saber-Motamedi Revocable Declaration Of Trust Dated September 18, 2002 ("Agreement") with such changes in such document as may be mutually agreed upon by the Buyer and the Agency Executive Director as are in substantial conformance with the form of such Agreement on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement on behalf of the Agency in said form. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 4. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including, but not limited to, the approval and execution on behalf of the Agency of certificates of completion, title reports, certifications, and such other implementing agreements and documents as contemplated or described in the Agreement necessary and convenient for the completion of the sale of the Property. 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 13th day of April, 2010. Ron Roberts, Chairperson 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 10- 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 13th day of April, 2010, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: IG1:1[..11FG11►�:107-Al7Q7di1 Adil:l 42951 Susan W. Jones, MMC City Clerk/Board Secretary Recording Requested By and When Recorded Return to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Calimesa, CA 92589-9033 Attn: Susan Jones, MMC City Clerk Exempt from recording fees pursuant to Gov. Code Section 27383 FACADE IMPROVEMENT GRANT AND LOAN AGREEMENT AFFECTING REAL PROPERTY AT 42050 MAIN STREET, TEMECULA THIS FACADE IMPROVEMENT GRANT AND LOAN AGREEMENT ("Agreement'), dated and effective as of April 13, 2010, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, ("Agency') and HUGH SABER-MOTAMEDI AND JOICE SABER- MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 ("Owner"). In consideration of the mutual promises and covenants contained herein and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. STATEMENT OF PURPOSES. This Agreement is made for the following purposes and with respect to the following facts: A. The Redevelopment Agency of the City of Temecula ("Agency') is a community redevelopment agency duly organized and existing under the Community 1 Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the 'Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the 'Plan") in accordance with the provisions of the CRL. On December 1 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. One of the goals of the Project Area is to improve the appearance of the Project Area by assisting in the improvement and maintenance of facades of buildings within the Project Area. The Agency adopted the Facade Improvement Program for the Project Area on April 25, 1995, and amended the program on July 13, 1999. D. Owner is the owner of the property located at 42050 Main Street, Temecula, CA 92590 and legally described on Exhibit A to this Agreement ('Property"). E. Owner desires to improve the fagade of the Property and Agency desires to assist Owner in the improvement of the fagade of the Property. 2. INSTALLATION OF FAgADE IMPROVEMENTS. A. Owner Construction of Facade Improvements. 1) Owner shall design, obtain required permits and approvals, construct, install and complete the Fagade Improvements in good and workmanlike manner and free of material defects. 2) Owner shall be solely responsible for the payment of the costs of the Fagade Improvements, provided that Agency shall contribute to a portion of these costs as provided in Section 3 and loan an additionally portion of the these costs as provided in Section 3 of this Agreement. 3) "Fagade Improvements' shall mean that work and improvement made to the outer fagades to the building on the Property as are specifically described and depicted on Exhibit B to this Agreement. 4) Nothing in this Agreement shall require the Agency or it agents or contractors to install the Fagade Improvements. 2 B. Permits and Approvals. Owner shall obtain all permits and approvals required by the City for the construction and installation of the_Fagade Improvements, including, but not limited to, building permits, sign permits, and occupancy permits. - C. Contractor Licenses. All contractors employed by Owner for work on the Fagade Improvements shall have a valid contractors license from the State of California for the work to be performed and the license shall be in full force at all times that the work is being performed. D. Completion Date. Owner shall complete the construction and installation of the Fagade Improvements within six (6) months from the date of this Agreement. The completion date may be extended by the Executive Director for good cause as determined in his sole discretion. E. Stop Notice or Mechanic's Lien. In the event of the filing of a stop notice or the recording of a mechanic's lien relating to the installation and construction of the Facade Improvements, the Executive Director may summarily refuse to make any disbursement of the Assistance. Within ten (10) days of the filing of such stop notice or lien, the Owner shall furnish the Executive Director proof of payment of the claim or a bond causing such notice or lien to be released. The failure to do so shall constitute an event of Default under this Agreement. Owner shall deliver copies of all such notices or liens to the Executive Director within two business days of receipt. F. Contractor's Insurance. In addition to the insurance required by Section 4.D., all contractors working on the Facade Improvements shall provide and maintain general liability insurance in a policy amount of not less than one million dollars ($1 million) and workers compensation insurance in such amounts as required by law. The insurer shall have a Best's rating of A -:VII or better. The insurance policy shall name the Agency, City and their respective officials and employees as additional insureds. G. Payment Bonds. Prior to commencement of construction or installation of the Fagade Improvements, Owner shall file with the Agency a good and sufficient payment bond to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California in the estimated amount of the Fagade Improvements. The bond shall be in a form approved by the City Attorney. H. Compliance with Prevailing Wage Law. Owner acknowledges that the Facade Improvements are a "public work" under Section 1720 of the California Labor Code and Owner agrees that Owner shall: (i) pay prevailing wages for all Facade Improvement in accordance with Section 1720, et seq. of the California Labor Code; (ii) obtain a payment bond covering the cost of the installation and construction of the Facade Improvements, including such prevailing wages; and (iii) otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California Labor Code and all other applicable laws and regulations with respect to prevailing wages. 3 3. AGENCY ASSISTANCE WITH FACADE IMPROVEMENTS A. Estimated Costs of Improvements. - The estimated costs of the design, -- - permits and approvals, construction, installation and completion of the Fagade Improvements Owner is required to construct and install is $54,773.00. The Agency will provide $17,500 in an Agency assistance grant for the Facade Improvements as provided in Section 3.13. The remaining costs for the Fagade Improvements will be paid by the Owner with the Agency's loan to the Owner in the amount of $24,773 as provided in Section 3.C. and the Owner own funds, constituting its matching funds for the Facade Improvements under the Agency's Fagade Improvement Program. Agency acknowledges that Owner has expended $6,998.33 of its own funds as of the date of this Agreement towards the costs of the design, permits and approvals, construction, installation and completion of the Fagade Improvements. B. Agency Assistance for Facade Improvements. Agency agrees to grant to the Owner the sum of seventeen thousand, five hundred dollars ($17,500.00) to reimburse the Owner for of the costs of design, permits and approvals, construction, installation and completion the Fagade Improvements ("Assistance"). 1) Conditions Precedent to Assistance. The Agency shall have no obligation to disburse the Assistance or the Loan provided for herein unless and until: a) Owner has executed this Agreement and delivered it to the Agency; b) Owner has obtained all of the permits and approvals required by the City and other governmental agencies for the Fagade Improvements; c) Owner has executed and delivered to the Agency the Promissory Note attached as Exhibit C; d) Owner has executed and delivered to the Deed of Trust and Assignment of Rents attached as Exhibit D; and e) Agency has recorded this Agreement in the Official Records of Riverside County. f) Agency has recorded the Deed of Trust in the Official Records of Riverside County. 2) Disbursement of Assistance. The Owner shall be responsible for incurring and paying for all costs directly related to the design, required permits and approvals, construction, installation and completion of the Facade Improvements. Assistance shall be released to Owner on a construction draw basis. The Owner shall submit to the Agency a request for payment accompanied by receipts showing payment of invoices for architects, contractors, vendors, or material suppliers and compliance with the terms of this Agreement. a 3) Repayment of Assistance. The Agency is required to protect the public's interest in the use of these funds for the Fagade Improvements for the benefit of the Project Area. Accordingly, for a period of five (5) years and six (6) months from the date of this Agreement ("Repayment Period"), Owner shall repay the Assistance to the Agency, without interest, Upon theoccurrenceof any of the following events: - a) Owner fails to complete the Fagade Improvements and obtain a Certificate of Occupancy on or before the Completion Date as specified in this Agreement; b) Owner fails to adequately repair and maintain the Fagade Improvements during the Repayment Period as provided in Section 4.D.; c) Without first obtaining the prior written consent of the Agency, Owner removes and/or replaces the Fagade Improvements during the Repayment Period; or d) Without first obtaining the prior written consent of the Agency, Owner significantly modifies the Fagade Improvements (a change in color or materials shall be deemed a significant modification) during the Repayment Period. Upon expiration of the Repayment Period without the occurrence of one of these events, Owner's obligations to repay the Assistance shall be deemed satisfied and discharged. 4) Limitations on Assistance. Except as is expressly provided for in this Agreement, the Agency shall have no obligation to provide Owner with additional assistance, to make any other contribution toward the Property or improvements thereto, or to provide the Owner or tenant with any other and further assistance. Nothing in this Agreement is, or shall be construed to be, a pledge or commitment by the Agency of any specific tax increment, tax revenue, grant funds, or other specific monies, funds, or revenues to which the Agency is in possession of, or may become entitled to, receive. 5) Lien in Amount of Assistance. a) Owner hereby grants to Agency a lien on the Property, with power of sale, to secure the Assistance and the Owner's obligation to repay the Assistance under this section. (the "Lien"). The Lien may be foreclosed, non -judicially (by power of sale) or judicially, in the same manner as said lien created by a deed of trust may be foreclosed under California law. b) Upon written request from Owner, Agency shall record a release of this Agreement and the Lien upon the expiration of the Repayment Period without the obligation to repay the Assistance. The City Manager is authorized to execute and record such partial release upon fulfillment of the requirements of this Agreement. 3 C. Loan for Facade Improvements. 1) Terms of Loan. -- - a) Agency agrees to lend to Owner, and Owner agrees to accept from Agency, a loan in the amount of twenty four thousand seven hundred seventy three thousand dollars ($24,773.00) (the "Loan"). The Executive Director may approve an additional one thousand dollars ($1,000.00) be added to the Loan if he finds that the sufficient Agency funds for fagade improvements are available. b) The Loan shall accrue interest at the rate of four and one- fourth percent (4.25%) per annum, simple interest. c) The Loan shall be evidenced by the Promissory Note attached hereto as Exhibit C, and secured by the Deed of Trust attached hereto as Exhibit D, which shall be recorded. d) The Loan shall be used solely for the purpose of the design, required permits and approvals, construction, installation and completion of the Fagade Improvements as provided in this Agreement and for no other purposes. e) The term of the Loan shall be ten (10) years from the date of this Agreement. f) No payments on the Loan shall be made for the first thirty six (36) months from the date of this Agreement, provided that interest will accrue during this period. The first payment on the Loan will be due in thirty seventh (37th) month of the Loan term. g) Payments beginning in the thirty seventh (37th) month through the end of the Loan term shall be Three Hundred Eighty Six and 89/100 dollars ($386:89) per month due on the first day of each month. h) There shall be no prepayment penalty on the Loan. i) The Loan and accrued interest is immediately due and payable upon any uncured default under this Agreement. 2) Disbursement of Loan. a) The proceeds of the Loan shall not be released until Owner has fulfilled the requirements of Section 3.13.1) of this Agreement. b) The proceeds of the Loan shall be released to Owner on a construction draw basis. The Owner shall submit to the Agency a request for payment accompanied by receipts showing payment of invoices for architects, contractors, vendors, or material suppliers and the Agency shall disburse the amount of the invoice within fifteen (15) days of submission. C c) It shall be a condition to any disbursement that Developer not be in default under this Agreement or any of the documents described herein that --shall have been executed by Owner. — D. Owner's Financial Responsibility. Owner shall be responsible for paying all costs of the Fagade Improvements exceeding the Agency's Assistance of seventeen thousand five hundred dollars ($17,500.00)of the costs of construction and installation of the Fagade Improvements with either its own funds or with the proceeds of the Loan. 4. OWNER RESPONSIBILITIES A. Indemnification of Agency and City. 1) Owner shall indemnify, defend, protect, and hold harmless the Agency, City, and their respective officials, agents, employees, attorneys and representatives of the City and Agency (collectively, the "Agency Parties") from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and any demands of any nature whatsoever related directly or indirectly to, or arising out of or in connection with, (i) this Agreement, (ii) the disbursement of the Assistance and Loan, (iii) the design, installation or construction of the Facade Improvements, (iv) the Facade Improvements, (v) any breach or Default by Owner under this Agreement, and (vi) any other fact, circumstance or event related to Agency's extension and disbursement of the Assistance and Loan to Owner or Owners performance of its obligations under this Agreement(collectively, the "Liabilities"), regardless of whether such Liabilities shall accrue or are discovered before or after the disbursement of the Assistance. 2) This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et seq.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et seq.] and California Health and Safety Code Section Code Section 25280 et seq. on the Property. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency Parties from liability. 3) The indemnity obligations described in this Section survive the disbursement of the Assistance and the Loan, the repayment of the Assistance and Loan, the transfer or sale of the Property by Owner, and the termination of this Agreement. B. Waiver of Owner's Claims Against Agency and City.' 1) Owner, hereby waives the right to recover from and fully and irrevocably releases the Agency Parties from any and all claims, obligations, liabilities, causes of action, or damages, including attorneys' fees and court costs, that Owner may now have or hereafter acquire against any of the Agency Parties and accruing from or related to (i) the performance of the design, installation or construction of the Facade Improvements (ii) the Facade Improvements, (ii) any damage to or diminution in value of the Property that may result from the installation and construction of the Facade Improvements, (iv) property damage, any personal injury, or death that may result from the design, installation, construction or maintenance of the Facade Improvements, (v) the selection of manufacturer(s), dealer(s), supplier(s), contractor(s) and/or installer(s), and their action or inaction with respect to the design, installation and construction of the Facade Improvements, (vi) the merchantability and fitness for any particular purpose, use or application of the Facade Improvements, and (vii) the workmanship of any third parties.. 2) This release includes claims, obligations, liabilities, causes of action, and damages of which Owner is not presently aware or which Owner does not suspect to exist which, if known by Owner, would materially affect Owner's release of the Agency Parties. OWNER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. Owner's Initials Owner's Initials 3) The waivers and releases by Owner contained in this Section shall survive the disbursement of the Assistance, the repayment of the Assistance, the transfer or sale of the Property by Owner, and the termination of this Agreement. C. Insurance. 1) Property- Damage Insurance. Ownershallprovide, maintain and keep in force at all times until the installation and construction of the Facade Improvements is completed, builder's all risk property damage insurance on the Property, with a policy limit equal to the full replacement cost of the Facade Improvements. 2) During the Repayment Period, Owner shall provide and maintain liability insurance in a policy amount of not less than one million dollars ($1 million). The Agency parties shall be named as additional insureds on the liability portion of the policy. D. Property Maintenance. 1) Owner agrees that, during the Repayment Period, it will, at its sole cost and expense: a) maintain the appearance and safety of the Facade Improvements and Property (including all buildings, improvements, fixtures, parking areas and landscaping) in good order, condition, and repair, and free from the accumulation of trash, waste materials, and other debris; b) remove all graffiti placed upon the Property (including all structures, improvements, and fixtures) within two days of its appearance; and c) use its best management practices in administering and operating the Property. 2) In the event Owner fails to comply with these obligations and fails to cure a default of the obligation within the time provided, the Agency has the right, but not the obligation, to enter upon the Property without further notice and affect such actions as are reasonably required to maintain and repair the Facade Improvements. In such event, the Agency shall be entitled to reimbursement of its costs and expenses from Owner within 15 days of written demand for reimbursement. 5. DEFAULTS AND REMEDIES A. Default. The failure of any representation or warranty of Owner contained in the Application for Fagade Improvement Assistance to be correct in all material respects, or either party's failure to perform on a timely basis any term, agreement or obligation contained in this Agreement constitutes a default under this Agreement ("Default"). 9 B. Notice of Default. In the event of a non -monetary Default, the injured party shall give written "Notice of Default" to the defaulting party, specifying the Default. Delay in giving such notice shall not constitute a waiver of the Default. C. Liabilities for Default. The defaulting party shall be liable to the injured party for any and all damages caused by such Default if the defaulting party: (1) fails to pay any amount owed under this Agreement on a timely basis (without the requirement of notice or the benefit of cure); (2) fails to cure a non -monetary Default within thirty (30) days after notice of Default;, or (3) if a non -monetary Default is of a nature that cannot be cured within thirty (30) days, the defaulting party fails to commence to cure the non -monetary Default within said thirty (30) days and thereafter diligently prosecute such cure to completion. D. Litigation Remedies for Default. 1) Litigation. In the event of an uncured Default, Agency shall be entitled to all remedies at law or equity that may be available to it, including the right to seek an injunction against any violation hereof, an action for specific performance, an action for damages, an action to foreclose the lien granted herein, and the right to foreclose its lien non -judicially by exercise of the power of sale herein granted in accordance with the provisions of the California Civil Code Section 2924, et seq. Litigation shall be filed and maintained in Riverside County. 2) Attorney Fees. In the event either party commences litigation against the other party which arises out of a Default or that is otherwise related to this Agreement, the prevailing party in the litigation (as defined in California Code of Civil Procedure § 1032(a)(4)) shall be entitled to recover its reasonable attorney fees and litigation expenses from the other party in addition to whatever relief to which the prevailing party may be entitled. E. Termination by Agency. 1) Grounds for Termination. In addition to its right to institute an Legal Action, the Agency may elect, in its sole discretion, to terminate this Agreement upon the occurrence of any of the following events: a) Owner is not able to, or does not, obtain the permits and approvals required for the installation and construction of the Facade Improvements with conditions of approval and mitigation measures acceptable to the Owner in its sole discretion; or b) Owner becoming insolvent or Owner voluntarily or involuntarily making an assignment or transfer for the benefit of creditors other than the Agency, and/or the voluntary or involuntary appointment of a receiver, custodian, liquidator or trustee of the Property; or c) Owner is otherwise in Default of this Agreement and fails to cure such Default within the required time. 10 2) Effect of Termination. If the Agency elects to terminate this Agreement, then all rights of Owner shall immediately cease and be terminated, except that the Agency shall have all of the remedies to enforce a breach or a Default of this Agreement as provided in this Agreement and under the law. F. Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same Default or any other Default by another party. 6. GENERAL TERMS A. Authority. The individuals executing this Agreement on behalf of Owner represent and warrant that they have the legal power, right and actual authority to bind Owner to the terms and conditions hereof and thereof. B. Nondiscrimination And Nonseciregation. The California Community Redevelopment Act at Health and Safety Code Section 33436 requires that following provisions be placed in each Agency agreement: 1) Nondiscrimination in Employment. The Owner covenants and agrees that all persons employed by or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth, or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. § 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq., the Immigration Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324b, et seq., 42 U.S.C. § 1981, the California Fair Employment and Housing Act, California Government Code § 12900, et seq., the California Equal Pay Law, California Labor Code § 1197.5, California Government Code § 11135, the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and all other anti -discrimination laws and regulations for the United States and the State of California as they now exist or may hereafter be amended. 2) Nondiscrimination and Nonsegregation. Owner covenants and agrees for itself, its successors and assigns, and for every successor in interest to the• Property, that it shall refrain from restricting the rental, sale or lease of the Property or improvements thereon on any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code. Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing 11 for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the California Civil Code, relating to - housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the California Government Code shall apply to subdivision (a). 3) Form of Nondiscrimination and Nonsegregation Clauses. All deeds, leases or contracts relating to the Property or the Project shall contain and be subject to the following nondiscrimination or nonsegregation clauses: a) In Deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." b) In Leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased. 12 Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." c) In Contracts: "There shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 4) Effect of Violation. The Agency and City are deemed the beneficiaries of the terms and provisions of this Article for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement has been provided. The Agency shall have the right, but not the obligation, if these covenants are breached, to exercise all rights and remedies provided for under the Agreement, and to maintain any actions or suits at law or in equity, including specific performance, or other proper proceedings to enforce the curing of such breaches. C. Non -liability of Agency Officials and Employees. No member, official, consultant, attorney, or employee of the Agency or City shall be personally liable to Owner, or any successor, or assign, or any person claiming under or through them, in the event of any Default or breach by the Agency or for any amount which may become due to Owner or to its successor, or on any obligations arising under this Agreement. D. Owner Not an Employee or Aaent of Agencv/City. At no time shall Owner be considered or deemed an employee or agent of either the Agency or the City. Owner shall pay all wages, salaries, and other amounts due such personnel in 13 connection with their performance under this Agreement and as required by law. Owner shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes, income—tax- withholding, - unemployment insurance, disability insurance, and worker's compensation insurance. E. Warranty Against Payment of Consideration for Agreement. Owner represents and warrants that it has not paid or given; and will not pay or give, any third party any money or other consideration for obtaining this Agreement, other than payments to consultants retained by Owner to assist it in the negotiation of this Agreement and the design, permits and approvals, construction, installation and completion the Fagade Improvements. F. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Agency, City and the Owner and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. G. Integration. This Agreement contains the entire understanding between the parties relating to the subject matter of this Agreement, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter of this Agreement are merged into this Agreement and shall be of no further force or effect. H. Investigation. 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 and legal research such party deems material, including without limitation the federal and state tax consequences of this Agreement and the Assistance. Each party warrants and represents to the other that it has had the opportunity to review this Agreement with legal counsel and financial consultants and to receive the advice of legal counsel, tax counsel and financial consultants prior to its approval and execution of the Agreement. I. Recordation. This Agreement shall be recorded in the office of the County Recorder for the County of Riverside. J. Benefits and Obligations Run With the Land. The rights, obligations and conditions set forth in this Agreement shall run with the land and shall be binding upon the Property and successors -in -interest of Owner, and shall run to the benefit of the Agency and all real property owned by the Agency and the redevelopment project areas of the Agency. The parties each agree that this Agreement imposes valid, binding and enforceable obligations upon each party. The parties agree that this Agreement shall be enforceable by and inure to the benefit of the Agency and its successors and assigns and shall bind the Owner, its successors -in -interest and its successors and assigns. K. Time of Essence. Time is of the essence of each provision of this Agreement of which time of performance is a factor. 14 L. Interpretation. Agency and Owner acknowledge that this Agreement is the product of mutual arms -length negotiation and, accordingly, the rule of construction which provides that ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Agreement. In any -action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties hereto. M. Amendments to Agreement. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of the Agency and Owner. On behalf of the Agency, the Executive Director shall have the authority to make minor amendments to this Agreement, including, but not limited to, the granting of extensions of time to Owner, so long as such actions do not otherwise materially change the Agreement or make a commitment of additional funds of the Agency. All other changes, modifications, and amendments shall require the prior approval of the Agency Board of Directors. N. Assignment. The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of, the parties and their respective successors in interest and assigns. Owner may not assign, encumber, or transfer its rights or obligations under this Agreement without first obtaining the written consent of the Agency, which consent may be granted or withheld in the exercise of the Agency's sole and absolute discretion. O. 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 a notice given pursuant to this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: Temecula Redevelopment Agency 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: City Manager To Owner: Hugh Saber-Motamedi Joice Saber-Motamedi 42050 Main Street Temecula, CA 92590 15 P. Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein as though set forth in full: Exhibit A Legal Description of the Property Exhibit B Description of the Fagade Improvements Exhibit C Agency Promissory Note Exhibit D Agency Deed of Trust and Assignment of Rents Q. Governing Law. This Agreement shall be governed by the laws of the State of California. 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEMECULA REDEVELOPMENT AGENCY, a public body corporate and politic Ron Roberts Chairman ATTEST: Susan Jones, MMC Secretary APPROVED AS TO FORM: Peter M. Thorson General Counsel IVA OWNER HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER- MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 A In Hugh Saber-Motamedi Joice Saber-Motamedi wunty of / On _ before me, _ (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 19 State of California ) County of ) On before me, (insertname and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 20 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That certain real property situated in the City of Temecula, County of Riverside; State of - - California, described as follows: Lots, 15, 16, 17,18 and 19 of Block 28, Townsite of Temecula, County of Riverside, State of California, as shown by Map recorded in Book 15, Page(s) 726 of Maps, in the Office of the County Recorder of Riverside County 21 EXHIBIT B DESCRIPTION OF THE FACADE IMPROVEMENTS The Fagade Improvements consist of the following: 1. Remove covered front walkway roofing, plywood and joists. Replace 2 wood posts. Re -frame new roof at a higher pitch to allow viewing of metal corrugated panels. (6:12 pitch). Add decorative post bases per elevation. Cost- $7,663.00 2. Install metal corrugated roof panels on top of new roof. No etching is included in cost. Cost- $3,942.00 3. Remove section of existing trellis between buildings. Install new trellis between buildings full length (76 ft.). Trellis to be 2"x6" joists at 24" o.c. with 2"x3" lattice on top, spaced at 3" apart. D. F. #2/btr. Lumber to be used. Cost- $ 2,850.00 4. Remove applied signage and decorations only at 3 buildings on Property. Paint all 3 buildings (woodwork and stucco only) per color scheme on elevation. Paint doors enamel 1 color. Allowance of prep/repair work to existing of $2,500.00 Cost - $10,780.00 5. Remove damaged siding, trim, battens, etc. on west facing wall of front east building due to extensive water damage. Replace in kind to include building paper, siding, flashings, trims, etc. Cost- $9,727.00 6. Remove siding, trim, etc. from historic building at west end of fagade. Replace with 1"x4" trim and horizontal lap siding. Install "Decorative" balcony with 2"x6" T&G deck boards, 2"x2" rail pickets and 2"x6" cap. Cost- $12,328.00 7. Haul all debris off Property upon completion. Trash storage Property in back parking area to be designated as a storage area until completion, and then debris will be hauled off site. Cost- $1,800.00 8. The design and required permits and approvals for the work described in Items 1 through 7. All work will be done during normal construction hours. The estimated costs of Items 1 through 7 is $49,090. 22 EXHIBIT C PROMISSORY NOTE PROMISSORY NOTE SECURED BY DEED OF TRUST $25,773.00 Temecula, California 4.25% Simple Interest April 13, 2010 FOR VALUE RECEIVED, HUGH SABER-MOTAMEDI AND JOICE SABER- MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 ('Borrower") hereby promises to pay to the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), or order, a principal amount not to exceed TWENTY FIVE THOUSAND SEVEN HUNDRED SEVENTY THREE AND NO/100 DOLLARS ($25,773.00) or so much thereof as may be advanced by Agency to the Borrower pursuant to that certain Facade Improvement Grant and Loan Agreement Affecting Real Property at 42050 Main Street, Temecula" dated as of April 13, 2010, between the Borrower and Agency ("Agreement'), plus interest as provided below. Unless, defined differently herein, all defined terms shall have the meaning set forth in the Agreement. This Note is made pursuant to the terms of the Agreement and a deed of trust (the "Trust Deed") of even date herewith given by the Borrower to Agency for the purpose of securing this Note (collectively, "Agency Agreements"). The Agency Agreements are public records on file in the offices of Agency, and the provisions of these documents are incorporated herein by this reference. 1. This Note evidences the obligation of the Borrower to Agency for the repayment of funds loaned to the Borrower by Agency ("Loan"), to assist in financing the Fagade Improvements on the Property described in the Agreement and the Trust Deed ('Property"). 2. The Loan shall accrue four and one-quarter percent (4.25%) simple interest, commencing on the date of this Note. The term of the Loan shall be ten (10) years from the date of the Agreement. No payments on the Loan shall be made for the first thirty six (36) months from the date of the Agreement, provided that interest will accrue during this period. The first payment on the Loan will be due in the thirty seventh (37th) month of the Loan term. Payments beginning in the thirty seventh (37th) month through the end of the Loan term shall be Three Hundred Eighty Six and 89/100 dollars ($386.89) per month due on the first day of each month. There shall be no prepayment penalty on the Loan. 23 - - 3. — Additionally, all principal and accrued -interest shall, at the election of the Agency with or without notice, become due and payable immediately if the Property, or any -portion thereof or interest therein, is sold, transferred, assigned or refinanced without the prior written approval of Agency, or if the Agreement is terminated pursuant to the provisions thereof, or in the event of any default under the Agreement that is not cured within the applicable time limits. 4. This Note is payable at the principal office of Agency, 43200 Business Park Drive, Temecula, California 92590, Attn: Director of Finance, or at such other place as the holder hereof may inform the Borrower in writing, in lawful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. BORROWER: HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER- MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 M 0 24 Hugh Saber-Motamedi Joice Saber-Motamedi 25 Recording Requested By - and When Recorded Return to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Calimesa, CA 92589-9033 Attn: Susan Jones, MMC City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE The Beneficiary in this conveyance is a California Public Entity and is exempt form recording fees pursuant to California Government Code Section 6103 and Revenue and Taxation Code Section 11922. DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST, made April 13, 2010, between HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER-MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 herein called TRUSTOR, whose address is 42050 Main Street, Temecula CA 92590, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a California municipal corporation, herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Temecula, County of Riverside, State of California, described in Exhibit A to this Deed of Trust (attached hereto and incorporated herein as though set forth in full) together with all improvements and fixtures thereon, the rents, issues and profits thereof, and the proceeds of any of the foregoing land, improvements, fixtures, rents, issues and profits, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sums due under that certain Facade 26 Improvement Grant and Loan Agreement dated as of April 13, 2010, by and between Trustor and Beneficiary (the 'Agreement") according to the terms thereof, (2) the Promissory Note of Trustor dated as of April 13, 2010, ("Note"), and (3) the performance - of each agreement of Trustor contained in the Agreement or Note or incorporated by reference or contained herein: Upon the occurrence of a default, Beneficiary, as a mater of right and without notice to - or consent of Trustor, and without regard to the value of the collateral, shall have the right to have a receiver appointed by any court having jurisdiction, upon ex parte application by Beneficiary, and Trustor hereby irrevocably consents and stipulates to the appointment of such a receiver and waives notice thereof. Trustor shall defend, indemnify and hold Beneficiary and any purchaser at a foreclosure sale or by deed in lieu thereof (each an 'Indemnified Party") harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to the use and operation of the land and improvements and any activity thereon or related thereto, as well as the presence or release of hazardous materials in, on, under or about the land and improvements, whether occurring prior to or after foreclosure or transfer of title, unless caused by the applicable Indemnified Party. 27 To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements; and adopts and agrees to perform and be bound by each and all of the agreements, terms and provisions set forth in Subdivision A, and Subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in the Official Records of Riverside County in Book 3778, Page 347, and it is mutually agreed that all of such agreements, terms and provisions shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein. TRUSTOR: HUGH SABER-MOTAMEDI AND JOICE SABER-MOTAMEDI, TRUSTEES OF SABER- MOTAMEDI REVOCABLE DECLARATION OF TRUST DATED SEPTEMBER 18, 2002 M M 0.1 Hugh Saber-Motamedi Joice Saber-Motamedi ..................... STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE On _ before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (This area for official notarial seal) .4:; STATE OF CALIFORNIA )ss. COUNTY OF RIVERSIDE On _ before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for official notarial seal) 30 EXHIBIT A TO AGENCY DEED OF TRUST Legal Description of the Property That certain real property situated in the City of Temecula, County of Riverside, State of California, described as follows: Lots, 15, 16, 17, 18 and 19 of Block 28, Townsite of Temecula, County of Riverside, State of California, as shown by Map recorded in Book 15, Page(s) 726 of Maps, in the Office of the County Recorder of Riverside County 31 STAFF REPORT — PLANNING CITY OF TEMECULA OLD TOWN LOCAL REVIEW BOARD April 13, 2009 PLANNING APPLICATION NOS. PA08-0288, PA09-0012, and PA09-0045 Emporium Building Prepared by: Dana Schuma, Associate Planner APPLICATION INFORMATION: APPLICANT: Mathew Fagan Consulting Services PROPOSAL: A Minor Modification (PA08-0288) for a fagade improvement, a Sign Program (PA09-0012), and a Certificate of Historic Appropriateness (PA -09-0045) for the Emporium commercial complex. LOCATION: Generally located south of Old Town Front Street and north of Murrieta Creek at 42050 Main Street EXISTING ZONING: Old Town Specific Plan: Tourist Retail Core (TRC) SURROUNDING ZONING: North Tourist Retail Core (TRC) South: Tourist Retail Core (TRC) East: Tourist Retail Core (TRC) West: Tourist Retail Core (TRC) GENERALPLAN DESIGNATION: EXISTING LAND USE: SURROUNDING LAND USES: Community Commercial (CC) Emporium commercial complex North: Existing retail buildings (TRC) South: Existing retail buildings (TRC) East: Existing retail buildings (TRC) West: Existing retail buildings (TRC) GAPLANNING\2008\PA08-0288 Emporium Bldg Minor MOD\Planning\OTLRB Staff Report.doc 1 BACKGROUND On December 23, 2008, Mr. Matthew Fagan submitted a Minor Modification, Certificate of Historic Appropriateness, and Sign Program for a fagade improvement to the 10,793 square foot Emporium commercial complex. The project proposes to preserve and to improve the historical landmark building while still keeping the theme of the existing architecture. PROJECT DESCRIPTION Analysis The Emporium building is a multi -tenant commercial retail complex in Old Town Temecula and part of the building has been named a historical landmark. The applicant is proposing minor alterations to the fagade that are consistent with the surrounding colors and design of Old Town. The existing primary building faces Main Street. A portion of this building is designated on the Local Historic Register for the City of Temecula. The historic portion was originally constructed in 1901 and is known as the Friedeman Meat Market. The project proposes a new paint scheme for all buildings except the jail. There are no proposed changes to the jail building. The proposed fagade improvements to the main building include a new seven -foot wide corrugated aged metal canopy along the front walkway, new 6 inch by 6 inch wood columns, and new decorative corbel detaining. The existing trellis above the open air pedestrian walkway will be repaired and finished. The three small retail buildings located on the interior of the site will be painted the same color scheme. The proposed improvements to historic building include new horizontal board and batten siding, a new decorative balcony, corbel detailing, and a new paint scheme. The proposed improvements will distinguish the Friedeman Meat Market as a separate structure from the Emporium building and partially restore the original design of the historic building. The proposed improvements to the Emporium building replicate Western Style architecture consistent with the Old Town Specific Plan Design Guidelines. The design elements of the Western Style include board and batten siding, decorative wooden balcony, a porch overhang 6 foot by 6 foot wood braced columns, and an aged metal seam porch cover. All buildings will be painted colors that are part of the Sherwin Williams Preservation Palette contained in the Old Town Specific Plan. The historic building will be painted Wooded Acre, the doors and accents Spiced Berry, and the trim Wandering Road. All other buildings will be painted Union Springs, the doors and accents Spiced Berry, and the trim Black Spruce. Sign Program The applicant is proposing a Comprehensive Sign Program for the commercial complex. The Emporium consists of five buildings interconnected by an interior courtyard and pedestrian corridor. The Sign Program outlines signage criteria for each building. The sign criterion has been carefully crafted to compliment the unique layout and architecture of all buildings. The Sign Program criterion defines the allowable signage area per building frontage, allowable signage types, fonts, colors and materials, sign location, placement, and size. The proposed signage for the tenants within the complex includes wall mounted signs, under canopy pedestrian oriented signs, and hanging signs. The wall signs are to be fabricated from sandblasted or carved wood and are proposed to be installed on the buildings where appropriate for each tenant and as shown on the exhibits G:\PLANNING\2008\PA08-0288 Emporium Bldg Minor MOD\Planning\OTLRB Staff Report.doc 2 contained in the Sign Program. The under canopy signs are proposed to be installed in the pedestrian corridor from Main Street. Hanging signs are proposed to be installed parallel to the buildings where appropriate and as shown on the Sign Program exhibits. The Sign Program also includes a building identification sign and several directional signs. These signs define the entry points and assist patrons when they approach the center from Main Street and the parking lot located to the south. The Old Town Specific Plan sets maximum signage area criteria for all signs placed on buildings in Old Town. The Old Town Specific Plan allows for 1.5 square feet of signage per linear foot of building frontage for the primary frontage and 0.5 square feet of signage per linear foot of secondary building frontage. Each building incorporates some combination of wall signs, under canopy signs, hanging signs and painted wall signs to reach the total allowable sign area to be installed on the building. The proposed sign materials, fonts, and color palette are consistent with the Old Town Specific Plan design guidelines and architectural compatibility requirements. Staff has ensured that the signage is consistent with the architectural style of the building, and compatible with the surrounding area. The allowable signage sizes are in proportion with the building facade and are consistent with the requirements of the Old Town Specific Plan. Historic Designation The Old Town Specific Plan lists the project site as containing a historic structure, the Friedeman Meat Market. The proposed improvements to the historic building are consistent with the Old Town Specific Plan Finding of Historic Appropriateness for Level Two Projects. The structure is in conformance with the General Plan and all applicable requirements of the state law and other ordinances of the City of Temecula. The structure is designed for the protection of the public health, safety, and general welfare, and is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. RECOMMENDATION The modifications proposed in this application have been determined by staff to be consistent with the Old Town Specific Plan as to building design, materials and colors. Staff is requesting that the Old Town Local Review Board review, provide comments, and recommend approval for this project. /_1%a1►_TH:Ii41:Ii911 Plan Reductions Comprehensive Sign Program G:\PLANNING\2008\PA08-0288 Emporium Bldg Minor MOD\Planning\OTLRB Staff Report.doc 3 PLAN REDUCTIONS G:\PLANNING\2008\PA08-0288 Emporium Bldg Minor MOD\Planning\OTLRB Staff Report.doc 4 COMPREHENSIVE SIGN PROGRAM G\PLANNING2008\PA08-0288 Emporium Bldg Minor MOD\Planning\OTLRB Staff Report.doc 5 p+i f > d The FRONT PORCH SECTION PORCH BASEDETAH. EXTERIOR COLORSAisforic Building O ammwm'wz EXTERIOR COLORS 1 © ww�ww�wsw�o9 i. PAINT SCHEME ® "o^°"w•m^°"'^'rnT_. iwtr w. wmra {I` � � auvymomv rsea ' " 2 rtaww xmn p+i f > d al� FRONT PORCH SECTION PORCH BASEDETAH. PORCH BASE TRIM: DECORATIVE CORBEL DETAIL �r p+i f > d al� FRONT PORCH SECTION PORCH BASEDETAH. PORCH BASE TRIM: DECORATIVE CORBEL DETAIL p+i f > d I i 13 g. � ; I THE EmpOMum 4,2060 MAN STREET, PLgML COLA, CA 02900 i INDEX TO DRAWINGS b'b YRWIEIEit PROJECT INFORMATION tbl SIR IWI. NLMx WP.Pb.ILr MO. °A@rI1Cf< aKl PKKIW.SIfE RAV mol ervn,la�s.sEcmis ': 104 �•� SYMBOLS �r�9� -�`v"m"aw�-:'`�^rh 9` ..� mer vw sneran"'�'na"a ew.vxwcm°�mw�°"ro Teew`u`rm o4 ��� I� � �muNWwnma R ` Y waea YM .M$i `3� i Y Mw+ennunmtroM vmnrtnn�z X1 i frs Y r co �� nae _ __♦ wrwv \ Mame flW.EGi F/LKEIMROVBBIr imevunuegwmnonrz w, o-iaY � _ mea i " MAIN STREET A m' tiol The Emporium ME ONE -.2/1712009 R I -DE 6243 UNION SPRINGS PRI&4- DEA 149 SPICED BERRY IR 3 - DE 6308 BLACK $PAUCE IRS DE 6076 WANDERING ROAD COLOR b DE 6130 WOODED ACRE fF w` PAINYCOLOR.SRP.PRFSENTED ARE APPROXIHATIONSANDARENOI ECA"IIAMIFS. NO GO dMA COLOR RENDERING SERVICE ANA.\1£E154 TLhOFDANOAYPROFALOFFINALCOLOM[Sl'l]ERPSl'ONSISMYIYOFTIIEBIIJLDJNGONAERORrIIE(M.NERSAGE:SE I COUNCIL BUSINESS Item No. 21 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: April 13, 2010 SUBJECT: Amendment to Chapter 2.56 of the Temecula Municipal Code Relating to Emergency Organization and Functions (at the Request of Council Member Edwards) RECOMMENDATION: That the City Council: 1. Introduce and read by title only an Ordinance entitled ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.56 OF THE TEMECULA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS SUMMARY OF ORDINANCE: The proposed ordinance revises Chapter 2.56 of the Temecula Municipal Code relating to emergency organization and functions. The revisions to the Chapter update its provisions to comply with current State and Federal laws. The provisions of the proposed Ordinance provide for: (1) preparation and carrying out of emergency plan for the protection of persons and property within the City in the event of an emergency; (2) direction of the City's emergency organization; (3) coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons; (4) procurement of vital supplies and equipment during an emergency; (5) adoption of emergency regulations; and (6) the organization, powers and duties, services of the City staff during an emergency. The provisions of the proposed ordinance also provides for the declaration of an emergency and the ratification and review of the declaration of an emergency by the City Council. BACKGROUND: Council Member MaryAnn Edwards requested that the City Attorney's Office review the Temecula Municipal Code Section 2.56 to ensure the City's Disaster Relief Ordinance is in compliance with existing state and federal laws. The City's Disaster Relief Ordinance was adopted in 1991 and in order to ensure it captures the most recent changes in State and Federal laws, the City Attorney's Office is recommending the City Council adopt the attached Ordinance as it is the State's OES Model Ordinance. This Model Ordinance ensures that all mutual aid organizations that assist Temecula in an emergency will be operating from the same basic Ordinance. The two major changes in the State Model Ordinance include: 1. Temecula Municipal Code Section 2.56.150.A.4. is recommending to eliminate the City Manager's authority to confiscate firearms during a declared emergency. This change will bring the Temecula Municipal Code in compliance with California Government Code Section 8571.5 (amended in 2008) and Federal Statue 42 USC Section 5207 enacted in 2006 which prohibits the confiscation of firearms in an emergency. 2. Temecula Municipal Code Section 2.56.050.A.(1) is recommended to be revised to be in compliance with AB 486 (Government Code Section 8630) to require the City Council to review the need for continuing the local emergency once every 30 days rather than once every 14 days. FISCAL IMPACT: No fiscal impact associated with these recommended modifications. ATTACHMENTS: Revised City Disaster Ordinance ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.66 OF THE TEMECULA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Chapter 2.56 of the Temecula Municipal Code to read as follows: "Chapter 2.66 Emergency Organization and Functions 2.66.010 PURPOSES The declared purposes of this Chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. 2.66.020 DEFINITION A. As used in this chapter, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities for this city, requiring the combined forces of other political subdivisions to combat. B. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act. 2.66.030 DEVELOPMENT OF EMERGENCY AND MUTUAL AID PLANS AND IMPLEMENTING REGULATIONS It shall be the duty of the City Manager, and he or she is hereby empowered, to develop and recommend for adoption by the city council, the city's emergency plan, mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The city's emergency plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. 2.66.040 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES A. There is hereby created the office of director of emergency services ("director"). The city manager shall be the director of emergency services. B. There is hereby created the office of assistant director of emergency Services ("assistant director"), who shall be appointed by the director. 2.66.060 POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES A. Subject to applicable state and federal laws, the director is hereby empowered to: (1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven (7) calendar days thereafter or the proclamation shall have no further force or effect. The city council shall review the local emergency proclamation at least every thirty (30) days, or such other period as required by law, and shall terminate the emergency proclamation at the earliest possible date the conditions warrant. (2) Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the city's emergency organization for the accomplishment of the purposes of this chapter. (4) Direct cooperation between and coordination of services and staff of the city's emergency organization; and resolve questions of authority and responsibility that may arise between them. (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Secretary of California Emergency Management, or the existence of a "state of war emergency," the director is hereby empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council; (b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use; (c) To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the city's departments or agencies; and (e) To execute all ordinary power as city manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority. B. The director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be approved by the city council. C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. 2.66.070 EMERGENCY ORGANIZATION All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions 2.56.060A.(6)(c) of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. 2.66.090 EXPENDITURES Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. 2.66.100 PROHIBITED ACTS DURING EMERGENCIES A. It shall be a violation of this code for any person during an emergency, to: 1. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation or order issued pursuant to this ordinance, or in the performance of any duty imposed upon him by virtue of this ordinance. 2. Do any act forbidden by any lawful rule or regulation issued pursuant to this ordinance, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. 3. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. B. Any person violating any of the provisions of this chapter may be prosecuted pursuant to the enforcement provisions set forth in Title 1 of this code." Section 2. It is the intent of the City Council in enacting this Ordinance that it shall be a revision and continuation of Chapter 2.56, originally enacted by Ordinance No. 91-34, and that the appointment and status of volunteers and such plans, agreements, rules, regulations and resolutions adopted pursuant to Chapter 2.56 shall continue in full force and effect by their terms, until such time as they may be amended, modified, superseded or repealed by actions pursuant to Chapter 2.56. Section 3. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of April, 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 day of I , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1 011�Ko1l1►[MIN diIAdi1:l4:&1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk