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081010 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 AUGUST 10, 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 meetina. All meetinas are scheduled to end at 10:00 P.M. 6:00 P.M. Closed Session of the City`-Council/Temecula:. Redevelopment. Agency pursuantto.GovernmentCode Section:,.,. 1)Conference `with City Attorney pursuant to Governmerif Code Section 54956.9(b), with respect to,one.matter of, potential litigation. •. With, respect to such 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 ircumstances. PublicInformation 'concerning existing litigation between 'the City and various parties, may,be,acquireg_Py reviewing the. public documents held'by the Cit 'Clerk.... Next in Order: Ordinance: 10-13 Resolution: 10-62 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Brianna McCall and Kylie McCall Invocation: Associate Pastor Don Hallworth of Rancho Community Church Flag Salute: Council Member Naggar ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Recognition of the Fourth of July sponsors Certificate of Achievement for Eagle Scout Robert James Pape 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 July 27, 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 June 30, 2010 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2010. 5 Approve an Expenditure with Zoll Medical Corporation RECOMMENDATION: 5.1 Approve an expenditure with Zoll Medical Corporation for the purchase of three Paramedic Manual Defibrillators in the amount of $34,351.91. 6 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32436. (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) RECOMMENDATION: 6.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 6.2 Accept the Certificate of Deposit Agreement for Monumentation. Approval of Supplemental Subdivision Improvement Aareement and Bonds for Tract Map No. 32437-1, (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) RECOMMENDATION: 7.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 7.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437-2, (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) RECOMMENDATION: 8.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 8.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Man No. 32437-3 (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) 7�iZi u u ► � _ �]r 9.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 9.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 10 Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437. (located within the Harveston Specific Plan, north of Date Street and east of Ynez Road) RECOMMENDATION: 10.1 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Material Bonds as security for the agreement; 10.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 11 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation of Rancho California Road — Proiect No. PW06-14 RECOMMENDATION: 11.1 Accept the construction of the Pavement Rehabilitation of Rancho California Road, Project No. PW06-14, as complete; 11.2 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; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Award of a Construction Contract for the Citywide Slurry Seal Proiect FY2009-10 Temeku Hills and a portion of Chardonnay Hills — Proiect No. PW 10-01 RECOMMENDATION: 12.1 Award the construction contract for Project No. PW10-01, Citywide Slurry Seal Project FY2009-10, Temeku Hills and a portion of Chardonnay Hills, to American Asphalt South, Inc., in the amount of $248,331.68; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,833.17 which is equal to 10% of the contract amount; 12.3 Make a finding that the Citywide Slurry Seal Project FY 2009-10 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Award of a Construction Contract to Steiny and Company. Inc. for Closed Circuit Television (CCTV) Installation on Temecula Parkway — Proiect No. PW07-07 RECOMMENDATION: 13.1 Award the construction contract for Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW07-07, to Steiny and Company, Inc. in the amount of $102,208, which includes the base bid of $79,775 and Additive Bid No. 1 in the amount of $22,433; 13.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $20,441.60, which is equal to 20% of the contract amount; 13.3 Make a finding that the Closed Circuit Television (CCTV) Installation on Temecula Parkway Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Purchase and Installation Agreement for Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II — Project No. PW 10-06 RECOMMENDATION: 14.1 Approve the Purchase and Installation Agreement with McCain, Inc., in the amount of $795,984; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $79,598, which is equal to 10% of the contract amount; 14.3 Make a finding that the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase ll, Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way — Proiect No. PW09-07 RECOMMENDATION: 15.1 Approve the Plans and Specifications for the Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07; 15.2 Authorize the Department of Public Works to solicit construction bids for the Project. 16 Amend the construction contingency for the Old Town Infrastructure (Town Square and Mercedes & Main Street Improvements) — Project No. PW06-07 RECOMMENDATION: 16.1 Amend the construction contingency of the contract with LH Engineering Company for the Old Town Infrastructure Project (Town Square and Mercedes & Main Street Improvements) by $165,000 and adjust the City Manager's administrative approval authority accordingly. 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 10-05 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 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of July 27, 2010. 18 Amend the Construction Contingency for the Redhawk Park Improvements — Project No. PW06-06/CSD08-004 RECOMMENDATION: 18.1 Amend the construction contingency of the contract with IAC Engineering, Inc. for the construction of Redhawk Park Improvements by $95,451.39 and adjust the General Manager's administrative approval authority accordingly. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 24, 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 10-10 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 July 27, 2010. 20 Approve Service Agreement for Old Town Temecula Holiday Lights Project RECOMMENDATION: 20.1 Approve the service agreement with Southern California Lighting in the amount of $60,000 for the 2010 Old Town Temecula Holiday Lights Project. This project will be paid by the Temecula Redevelopment Agency. 21 Grant of Temporary Construction Easement for the Main Street Bridge Project RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "GRANT OF TEMPORARY CONSTRUCTION EASEMENT" FROM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO THE CITY OF TEMECULA (APNS 922-053-020 AND -021) 21.2 Approve the Temporary Construction Easement for APN's 922-053-020 & -021 for the Main Street Bridge Project (Replacement) over Murrieta Creek; 21.3 Authorize the RDA Chair Person to sign the Temporary Construction Easement deed. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, August 24, 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. 10 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 22 Intergovernmental Agreements with the Pechanga Band of Luiseno Indians for the mitigation of off -reservation impacts from the Pechanga Gaming Center pursuant to the Tribal State Compact between the Pechanga Band of Luiseno Indians and the State of California RECOMMENDATION: 22.1 Allocate $2 million from the City's General Fund Reserves to fund the revenue shortfall in the City's Fiscal Year 2009-10 Budget resulting from the Tribe's failure to pay the first Annual Mitigation Fee of $2 million anticipated under the March 9, 2010 Intergovernmental Agreement with the Pechanga Band of Luiseno Indians; 22.2 Direct the City Attorney to file a legal action against the Tribe and other applicable parties to require the Tribe to mitigate the impacts of the 2006 expansion of the Gaming Center as required by the 2006 Amended Compact. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, August 24, 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. 11 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Robert Names Pape We congratulate Robert for his achievement on receiving the rank of Eagle Scout. We are proud to present Robert with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of August, 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 JULY 27, 2010 — 7:00 PM 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(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 City Council meeting to order and recessed the meeting to Closed Session to consider the matters described on the agenda for Closed Session. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: CuoreCanto Cox Family Trio Invocation: Pastor John Wells of Mountain View Community Church of Temecula Flag Salute: Council Member Edwards National Anthem: CuoreCanto Cox Family Trio ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS Certificate of Achievement — Eagle Scout Christopher Schreiber 1 PUBLIC COMMENTS The following individuals addressed the City Council with matters as noted on the speaker request from: • Reverend Joe Zarro • Donald Lambert CITY COUNCIL REPORTS CONSENT CALENDAR CONSENT CALENDAR Support proposed Mosque Support Medical Marijuana Dispensaries NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure - 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 July 13, 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. 10-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Authorization for redemption of all outstanding CFD 88-12 (Ynez Corridor) Bonds, in addition to the partial prepayment of the Civic Center Certificates of Participation Bonds - 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. 10-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE REDEMPTION OF OUTSTANDING BONDS OF THE $18,690,000 COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) SPECIAL TAX REFUNDING BONDS, 1998 SERIES A" 4.2 Authorize the City Manager to allocate $4.8 million towards the CFD 88-12 redemption of outstanding bonds and up to $7.2 million for the Civic Center Certificates of Participation early prepayment for a total of up to $12 million from the General Fund as previously authorized. 5 City Treasurer's Statement of Investment Policy - 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 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 6 Edward Byrne Memorial Justice Assistance 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: 6.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a proposed amount of $23,055. 7 Approve FY2010-11 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce - 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 Approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. 8 Approval of the Temecula Valley Convention & Visitors Bureau FY2010-11 Tourism Rack Brochure/Map - 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: 8.1 Approve the funding in the amount of $40,000 to the Temecula Valley Convention & Visitors Bureau (TVCVB) for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map. 9 Contract with Canon Financial Services, Inc. through Innovative Document Solutions - 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: 9.1 Approve a five-year contract with Canon Financial Services, Inc. through Innovative Document Solutions for the lease of 11 new copiers for an annual amount of $36,060 for a total contract amount of $180,300. 10 Amendment to Office Lease Aareement reaardina the leasina of space in the Civic Center parking garage storefront to the Temecula Valley Convention and Visitors Bureau - 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: 10.1 Approve Amendment to Office Lease Agreement for the Temecula Valley Convention and Visitors Bureau. At 7:24 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 7:30 P.M., the City Council resumed with regular business. PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 23 Revisions to the adopted City of Temecula 2008-2014 Housing Element Update (Long Range Planning Project No. LR08-0017) - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION; 23.1 Adopt a resolution entitled: RESOLUTION 10-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTED REVISIONS TO THE ADOPTED GENERAL PLAN 2008-2014 HOUSING ELEMENT UPDATE (LR08-0017) Associate Planner Dana Schuma reviewed the staff report (as per agenda material). There being no public input, the public hearing was closed. 24 Weed Abatement Lien Resolution for FY 2009-2010 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: 24.1 Adopt a resolution entitled: RESOLUTION NO. 10-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2009-2010 Building Official Rich Johnston reviewed the staff report (as per agenda material). Wayne Hall presented comments to the City Council. The public hearing was then closed. CITY COUNCIL BUSINESS 25 Donation of Art for Civic Center - 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. 25.1 Approve an agreement between the City of Temecula and Paul J. Price and Kathi L. Price for the assignment of all rights to the "Santa Margarita Creek" painting. Herman Parker, Director of Community Services, presented the staff report (as of record.) Paul and Kathy Price generously presented their painting to the City of Temecula. 26 Planning Department Monthly Report 27 City Council Travel/Conference Report -June 2010 28 Public Works Department Monthly Report 29 Police Department Monthly Report CITY MANAGER REPORT None given. CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to the Closed Session Item, under the Brown Act, there was no reportable action. ADJOURNMENT At 8:09 P.M., the city Council meeting was formally adjourned to Tuesday, August 10, 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. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 10, 2010 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, 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 CITY OF TEMECULA LIST OF DEMANDS 07/22/2010 TOTAL CHECK RUN 07/29/2010 TOTAL CHECK RUN 07/22/2010 TOTAL PAYROLL RUN: $ 4,904,823.03 2,469,749.42 509,475.24 TOTAL LIST OF DEMANDS FOR 08/10/2010 COUNCIL MEETING: $ 7,884,047.69 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 2,618,056.32 130 RECOVERY ACT JAG FUNDING 2,876.41 165 AFFORDABLE HOUSING 274,388.64 190 TEMECULA COMMUNITY SERVICES DISTRICT 252,218.56 192 TCSD SERVICE LEVEL B 147.24 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 27,032.95 194 TCSD SERVICE LEVEL D 990.06 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,278.00 197 TEMECULA LIBRARY FUND 4,587.69 210 CAPITAL IMPROVEMENT PROJECTS FUND 2,327,366.54 280 REDEVELOPMENT AGENCY - CIP PROJECT 17,623.53 300 INSURANCE FUND 21,814.90 320 INFORMATION SYSTEMS 37,215.01 330 SUPPORT SERVICES 3,734.40 340 FACILITIES 10,396.25 375 SUMMER YOUTH EMPLOYMENT PROGRAM 6,128.59 380 RDA DEBT SERVICE FUND 1,758,926.26 460 CFD 88-12 DEBT SERVICE FUND 660.40 477 CFD- RORIPAUGH 3,154.87 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 87.02 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 58.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 69.24 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.73 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 140.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 48.75 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 36.36 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 238.79 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.93 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.64 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.65 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 159.06 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.16 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.87 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.93 516 SERVICE LEVEL"C"ZONE 16 TRADEIN NDS 39.86 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.26 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 147.44 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 79.24 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 214.14 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 361.63 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.58 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.48 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 203.86 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 65.58 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.68 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 593.29 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 300.35 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.05 $ 7,374,572.45 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 264,424.16 165 AFFORDABLE HOUSING 10,953.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 145,500.33 192 TCSD SERVICE LEVEL B 139.42 194 TCSD SERVICE LEVEL D 1,400.63 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,549.94 197 TEMECULA LIBRARY FUND 380.16 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,508.61 300 INSURANCE FUND 1,354.21 320 INFORMATION SYSTEMS 24,526.73 330 SUPPORT SERVICES 5,880.48 340 FACILITIES 9,598.70 375 SUMMER YOUTH EMPLOYMENT PROGRAM 33,131.25 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 152.22 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 101.55 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 120.30 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 22.23 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 245.01 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 44.12 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 63.09 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 416.26 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 3.54 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 18.68 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 11.76 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 277.27 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 59.27 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 34.28 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 29.30 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 69.37 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 5.77 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 256.91 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 137.71 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 373.03 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 630.34 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 15.01 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 16.54 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 355.19 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 114.22 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 4.88 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 16.79 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 523.61 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8.89 509,475.24 TOTAL BY FUND: $ 7,884,047.69 apChkLst 07/22/2010 1:46:31PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1510 07/22/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,171.39 129,171.39 RETIREMENT) 1511 07/22/2010 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,872.33 11,872.33 SOLUTION 1512 07/22/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 8,250.92 8,250.92 SOLUTION 1513 07/22/2010 000283 INSTATAX (IRS) Federal Income Taxes Payment 91,680.34 91,680.34 1514 07/22/2010 000444 INSTATAX (EDD) State Disability Ins Payment 28,927.54 28,927.54 1515 07/22/2010 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 139904 07/22/2010 007186 AB MAILING SOLUTIONS mail svc:10/11 Temecula Presents 1,022.14 1,022.14 139905 07/22/2010 010851 ADAM IAK, DAWN reimb:supplies FAM Game Show 7/19 82.19 82.19 139906 07/22/2010 003951 ALL AMERICAN ASPHALT Jun const:rancho cal pave rehab 9,535.00 ret w/h Jun const: rancho cal pavement -953.50 8,581.50 139907 07/22/2010 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 474.00 (AFN) DUI & drug screenings: Police 975.50 1,449.50 139908 07/22/2010 013338 APPLE STORE ee computer purchase prgm:P. Jackson 1,452.80 1,452.80 139909 07/22/2010 003203 ARTISTIC EMBROIDERY staff shirts: TCSD events 258.83 staff shirts: TCSD events 608.78 867.61 139910 07/22/2010 002541 BECKER CONSTRUCTION catch basin clean up: Alton Ct 2,386.03 2,386.03 SRVS INC 139911 07/22/2010 013689 BILBY, ROCHELLE refund: citation dismissed H894641 25.00 25.00 139912 07/22/2010 004262 BIO-TOX LABORATORIES DUI & DRUG SCREENINGS: POLICE 910.20 910.20 139913 07/22/2010 011230 BONILLA, GERMAN entertainment: Hot Summer Nights 500.00 500.00 139914 07/22/2010 011421 BRODART COMPANY (1) book: Library 12.76 (1) book: Library 24.37 37.13 Page:1 apChkLst 07/22/2010 1:46:31PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 139915 07/22/2010 000128 BROWN & BROWN OF CALIF WORKER'S COMP MAY & JUNE 2010 81,437.00 81,437.00 INC 139916 07/22/2010 013265 CALIF BUILDING 1st gtrpymt: SB14732010 807.00 807.00 139917 07/22/2010 001054 CALIF BUILDING OFFICIALS '10 CA Reg/Acc guides:B&S 106.20 106.20 139918 07/22/2010 000638 CALIF DEPT OF 20101st qtr pmt: strong motion 2,045.06 2,045.06 CONSERVATION 139919 07/22/2010 000413 CALIF DEPT OF FISH & GAME altemtion:Main St badge 4,000.00 4,000.00 139920 07/22/2010 000413 CALIF DEPT OF FISH & GAME alteration: Santa Gertmdis Crk badge 4,000.00 4,000.00 139921 07/22/2010 009431 CALIF, STATE OF-FRANCHISE SUPPORT PAYMENT 60.97 60.97 TAX 139922 07/22/2010 013649 CALIFORNIA AUTO COLLISION, vehicle repair: Park Ranger F150 998.46 998.46 INC 139923 07/22/2010 013469 CALTEC CORP Jun const: TCC expansion 77,650.00 ret w/h Jun const: TCC expansion -7,765.00 69,885.00 139924 07/22/2010 003534 CLOUD PRODUCTIONS entertainment: hot summer nights 600.00 600.00 139925 07/22/2010 008594 COMMUNITY BANK ret w/h:All American Asphalt PW06-14 953.50 953.50 139926 07/22/2010 004405 COMMUN ITY H EALTH Community Health Chanties Payment 66.00 66.00 CHARITIES 139927 07/22/2010 013286 CONN EXON TELECOM INC EMERGENCY TELECOM ROUTING 320.00 320.00 SRVCS- 139928 07/22/2010 011868 CONVALIAN PRODUCTIONS entertainment: concert series 1,500.00 1,500.00 139929 07/22/2010 012600 DAVID EVANS & ASSOCIATES Jun cnslt svcs:buttefield stg rd 13,807.50 13,807.50 INC 139930 07/22/2010 003962 DAVID N EAU LT ASSOCIATES Jun landscape insp:Win/79N 4,317.50 INC Jun Indscp design:Margarita Rd 16,017.60 20,335.10 Page2 apChkLst Final Check List Page: 3 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 139931 07/22/2010 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD 1,882.20 FUELING INC Fuel for City vehicles: PW Traffic 258.43 Fuel for City vehicles: PW Lnd Dv 182.81 Fuel for City vehicles: PW Maint 1,064.33 Fuel for City vehicles: PW C IP 300.88 Fuel for City vehicles: B&S 327.28 Fuel for City vehicles: Code Enf 402.59 4,418.52 139932 07/22/2010 011202 E M H SPORTS & FITNESS TCSD instructor earnings 1,050.00 1,050.00 139933 07/22/2010 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 280.98 280.98 DIST 139934 07/22/2010 005880 EDGE DEVELOPMENT INC. Stop Notice: Omni Duct Systems -11,652.95 Stop Notice: Bragg Crane Service -26,267.88 JUN CONST SVCS: CIVIC CENTER 1,581,794.32 Release Stop Notice: Bragg Crane Svc 26,267.88 1,570,141.37 139935 07/22/2010 000164 ESGIL CORPORATION Jun plan ck svcs: B&S 328.00 328.00 139936 07/22/2010 001056 EXCEL LANDSCAPE JUN LNDSCP MAINT: CITY FACILITIES 9,685.00 9,685.00 139937 07/22/2010 012150 FALLBROOK GEM & MINERAL presenter: Explorers Camp Prgm 50.00 50.00 139938 07/22/2010 009953 FEDERAL CLEANING Jul janitorial svc:pd mall storefront 625.00 625.00 CONTRACTORS 139939 07/22/2010 003347 FIRST BANKCARD CENTER 008343 CALIF HOMEBUILDING RJ CHF regist 6/17:Osvold/Ching 358.00 358.00 FOUNDATION 139940 07/22/2010 003633 FOOTHILL EASTERN Jun toll roads usage:Council 6.75 6.75 TRANSPORTN. 139941 07/22/2010 011145 FOSTER, JILL C. TCSD instructor earnings 504.00 TCSD instructor earnings 252.00 756.00 139942 07/22/2010 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 139943 07/22/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 7/9 80.50 80.50 139944 07/22/2010 013698 FULTON, DEBRA refund: Salsa dance #2600.201 100.00 100.00 Pages apChkLst Final Check List Page: 4 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 139945 07/22/2010 007804 GAZER, GEOFFREY perfonnance:Hot Summer Nights 250.00 250.00 139946 07/22/2010 004053 HABITAT WEST INC weed abatement:long cyn det basin 2,016.00 2,016.00 139947 07/22/2010 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 2,362.50 2,362.50 139948 07/22/2010 003106 HERITAGE SECURITY security svcs: 7/2-7/5 events 4,300.00 4,300.00 SERVICES 139949 07/22/2010 003198 HOME DEPOT, THE misc supplies:Street Painting 85.00 85.00 139950 07/22/2010 013694 HSING LEE, CHIEN refund: cancelled hearing 2,653.00 2,653.00 139951 07/22/2010 011342 1 A C ENGINEERING INC. Jun const:redhawk park improve 20,851.65 ret w/h Jun const:redhawk park impv -2,085.17 18,766.48 139952 07/22/2010 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 5,268.31 5,268.31 303355 139953 07/22/2010 013420 INGRAM LIBRARY SERVICES (218) books: Library 1,705.58 INC (1) BOOK: LIBRARY 17.30 (2) books: Library 17.33 (41) books: Library 502.90 2,243.11 139954 07/22/2010 003571 INTL ASSN OF PLUMBING AND 10/111APMO mb:Johnston, Rich 250.00 250.00 139955 07/22/2010 003296 INTL CODE COUNCIL 10/11 ICC mbrshp:Johnston, Rich 180.00 180.00 139956 07/22/2010 013200 JAROTH INC Aug pay phone: Old Town 82.64 82.64 139957 07/22/2010 013693 JIMERSON, MARDELL refund: secunty deposit MPSC 7/9 150.00 150.00 139958 07/22/2010 003860 JOES SHEET METAL 11 1/8 "aluminum sheet: Stn 84 511.13 sales tax -41.13 470.00 139959 07/22/2010 011910 L H ENGINEERING COMPANY ret w/h CO# 15 Old Town Street -2,171.21 INC JUN CONST: OLD TOWN ST IMPRV 43,424.25 41,253.04 139960 07/22/2010 012370 LEADER PROMOTIONS INC supplies/awards: F.I.T. pgrm 518.86 sales tax supplies/awards: F.I.T. pgnn -33.34 485.52 139961 07/22/2010 004412 LEANDER, KERRY D. TCSD instructor earnings 2,021.60 2,021.60 Page:4 apChkLst Final Check List Page: 5 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 139962 07/22/2010 000482 LEIGHTON CONSULTING INC May geotech svcs:Win/79 N 4,054.50 4,054.50 139963 07/22/2010 009388 LETS GET PERSONAL uniform jackets: B&S 140.24 140.24 139964 07/22/2010 003726 LIFE ASSIST INC medical supplies: Paramedics 1.91 1.91 139965 07/22/2010 012983 LUKAS, MARK entertainment: Hot Summer Nights 500.00 500.00 139966 07/22/2010 013680 MANGIACOTTI, GEM ANN Presenter: summer explorers camp 7/27 150.00 150.00 139967 07/22/2010 006571 MELODY'S AD WORKS INC. Reimbursements old town marketing 107.93 107.93 139968 07/22/2010 013690 METROPOLITAN TRANS. AUTH. Type 170 hdwrttrblsht J.B. 8/31-9/1 150.00 150.00 139969 07/22/2010 007210 MIDORI GARDENS Irrigation mainline repairs: redhawk prk 554.14 554.14 139970 07/22/2010 012580 MINUTEMAN PRESS Business Cards: Police 316.16 316.16 139971 07/22/2010 001892 MOBILE MODULAR 6/22-7/21 modular bldg rental: OATC 619.88 619.88 139972 07/22/2010 005887 MOFFATT&NICHOL 4/25-5/29 ENGSRVCS:FRENCH VAL 47,931.66 47,931.66 ENGINEERS PKWY 139973 07/22/2010 004508 NAGGAR, MICHAELS. Reimb:Jul'10 Intern et Swcs 34.99 34.99 139974 07/22/2010 008528 NICHOLS, MELBURG & MAY ENG SRVS:CIVIC CENTER PH II 44,928.52 ROSETTO MAY ENG SRVS:CIVIC CENTER PH II 597.71 MAY DSGN:OLD TOWN INFRASTRUCTUI 25,563.80 71,090.03 139975 07/22/2010 009337 NOLTE ASSOCIATES INC 5/14-6/10 eng dsgn swcs:ped badge 6,003.26 6,003.26 139976 07/22/2010 002139 NORTH COUNTY TIMES Jun newspaper subscr:MPSC 28.60 28.60 139977 07/22/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: Code Enf 179.53 City Vehicle Maint Svcs: Code Enf 95.00 274.53 139978 07/22/2010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: B&S 47.50 City Vehicle Maint Svcs: B&S 121.73 169.23 139979 07/22/2010 007959 ONEIL SOFTWARE INC RS-SQL Annual License:lnfo Sys 1,139.23 1,139.23 Pages apChkLst Final Check List Page: 6 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 139980 07/22/2010 013198 ORTENZO-HAYES, KRISTINE 139981 07/22/2010 002099 PASCOE MANAGEMENT LLP 139982 07/22/2010 001958 PERS LONGTERM CARE CONTROL 139995 PROGRAM 139983 07/22/2010 000249 PETTY CASH 139984 07/22/2010 002185 POSTMASTER 139985 07/22/2010 000254 PRESS ENTERPRISE Mt San Jacinto CC Go -Pass Prgm COMPANY INC 139986 07/22/2010 008024 QUARTERMASTER INC 139987 07/22/2010 000262 RANCHO CALIF WATER DISTRICT 139988 07/22/2010 000907 RANCHO TEMECULA CAR WASH 139989 07/22/2010 000271 RBF CONSULTING 139990 07/22/2010 002110 RENTALSERVICE CORPORATION 139991 07/22/2010 004498 REPUBLIC INTELLIGENT 139992 07/22/2010 000353 RIVERSIDE CO AUDITOR (Continued) Description TCSD Instructor Earnings Jul Old Town restroom lease PERS Long Term Care Payment Petty Cash Reimbursement Petty Cash Reimbursement std mail pennit #5 renewal:Cntd Swcs Jun recruitment ads :HR Dept Uniform patches:police motor unit TCSD Various Water Meters TCSD Various Water Meters City vehicle detailing srvcs:var depts May eng srvcs:l-15/SR-79 Ult.lntrchg May dsgn swcs:vAn rd/hwy 79N proj Rental of tools & maint:pw maint div Rental of tools & maint:pw maint div Traffic sig repair:Pech/Tem.Pkwy 6/4 Traffic sig repair: M arg/H arvest 6/19 Traffic sig repair & maint:pw traffic May 10 prkg citation assessments Jun '10 prkg citation assessments 139993 07/22/2010 000418 RIVERSIDE CO CLERK& Ntc/exempt:Sphere/Infl.annex#2 RECORDER 139994 07/22/2010 000411 RIVERSIDE CO FLOOD Pennit fee deposit:ped/bike badge CONTROL 139995 07/22/2010 000406 RIVERSIDE CO SHERIFFS 5/20/10-6/30/10:lawenforcement DEPT 139996 07/22/2010 004822 RIVERSIDE TRANSITAGENCY Mt San Jacinto CC Go -Pass Prgm FY10/11 Amount Paid 308.00 826.00 91.00 94.62 696.00 185.00 383.95 218.60 4,055.94 627.13 210.00 65,500.19 126.58 55.47 30.25 3,132.13 1,431.13 7,316.55 6,402.25 6,668.00 64.00 2,000.00 Check Total 308.00 826.00 91.00 790.62 185.00 383.95 218.60 4,683.07 210.00 65,626.77 85.72 11,879.81 13,070.25 64.00 2,000.00 2,105,356.38 2,105,356.38 2,702.00 2,702.00 Pages apChkLst Final Check List Page: 7 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 139997 07/22/2010 000815 ROWLEY. CATHY 139998 07/22/2010 013651 SAN DIEGO DAILY TRANSCRIPT 139999 07/22/2010 009980 SANBORN, GWYN 140000 07/22/2010 007660 SEARS ROEBUCK & CO 140001 07/22/2010 008529 SHERIFF'S CIVIL DIV - CENTRAL 140002 07/22/2010 008529 SHERIFF'S CIVIL DIV - CENTRAL 140003 07/22/2010 009213 SHERRY BERRYMUSIC 140004 07/22/2010 009746 SIGNS BYTOMORROW 140005 07/22/2010 009013 SISQUOC, LORENEA 140006 07/22/2010 000645 SMART & FINAL INC 140007 07/22/2010 000537 SO CALIF EDISON 140008 07/22/2010 001212 SO CALIF GAS COMPANY 140009 07/22/2010 000519 SOUTH COUNTY PEST CONTROL INC 140010 07/22/2010 013691 STARSURPLUS.COM 140011 07/22/2010 003000 STATE WATER RESOURCES (Continued) 442.50 Description Amount Paid Check Total TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 1,662.50 1,977.50 Soanng Dimensions advertising:eco dev 8,500.00 8,500.00 Country @ the Merc 7/10/10 442.50 442.50 tools for sta 73 671.47 671.47 SUPPORT PAYMENT 200.00 200.00 SUPPORT PAYMENT 100.00 100.00 Jazz @ the Merc 7/8/10 85.00 85.00 4th of July Extravaganza banner 557.67 557.67 Lecture: summer explorers camp 7/20 200.00 200.00 Misc supplies:Street Painting Festival 94.58 Recreation supplies: high hopes prgm 341.81 436.39 Jun 2-26-887-0789 various meters 2,404.37 Jun 2-00-397-5059 various meters 7,847.03 Jun 2-29-974-7568 Ynez Rd 116.90 Jun 2-27-560-0625 Deerhollow Way 2,507.36 Jun 2-30-296-9522 Rancho Vista Rd 266.69 Jul 2-30-099-3847 Ryecrest 23.30 Jul 2-31-693-9784 various meters 387.20 Jul 2-28-397-1315 Redhawk median 24.02 13,576.87 Jul 015-575-0195-232211 wolf vly rd 126.47 126.47 pest control swcs:Harveston Prk 84.00 Jun pest control swcs:City facilities 593.00 677.00 ee computer purchase prgm:R.Serven 1,990.07 1,990.07 water quality cert:Main St Bridge Prjt 6,784.00 6,784.00 Page:7 apChkLst 07/22/2010 1:46:31PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 140012 07/22/2010 007698 SWANK MOTIONS PICTURES, Hotel for Dogs rental:movies/park 396.00 396.00 INC. 140013 07/22/2010 011667 T&TJANITORIAL INC Jul janitorial swcs:police storefront 112.86 112.86 140014 07/22/2010 010679 TEMECULAAUTO City vehicle maint swcs:Sta 84 1,470.84 1,470.84 REPAIR/RADIATOR 140015 07/22/2010 003677 TEMECULA MOTORSPORTS Cityvehicle repair &maint:police 78.75 78.75 LLC 140016 07/22/2010 010046 TEMECULA VALLEY May'10 Bus. Impw District Asmnts 96,725.73 CONVENTION & May'10 BID admin fee -1,934.51 94,791.22 140017 07/22/2010 007340 TEMECULA VALLEY FIRE kitchen hood inspection swc:pbsp 225.00 225.00 EQUIP. CO 140018 07/22/2010 003067 TEMECULA VALLEY R V VEH REPAIR & MAINT:PD RADAR 152.39 152.39 SERVICE TRAILER 140019 07/22/2010 004274 TEMECULA VALLEY SECURITY locksmith swcs:pbsp 142.00 CENTR locksmith swcs:prks/t.museum 32.52 174.52 140020 07/22/2010 000919 TEMECULA VALLEY UNIFIED FY09/10 pool maint fees/joint use 44,326.04 44,326.04 SCHOOL 140021 07/22/2010 007636 THERMO ENVIRONMENTAL Fire Equipment Repair: Sta 73 298.01 298.01 140022 07/22/2010 010276 TIME WARNER CABLE Jul high speed internet:32211 wolfvly 102.32 102.32 140023 07/22/2010 013688 TORREY PINES BANK acct#4110170281 Edge PW06-07 175,754.92 175,754.92 140024 07/22/2010 000325 UNITED WAY United Way Charities Payment 62.00 62.00 140025 07/22/2010 004794 VALLEYWINDS COMMUNITY Entertainment: Hot Summer Nights 7/23 250.00 250.00 PageE apChkLst Final Check List Page: 9 07/22/2010 1:46:31PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 140026 07/22/2010 004261 VERIZON 140027 07/22/2010 012292 VIAMEDIA INC 140028 07/22/2010 013647 VICAR OPERATING, INC. 140029 07/22/2010 001881 WATER SAFETY PRODUCTS INC 140030 07/22/2010 010487 WATSON, LUKE 140031 07/22/2010 013697 WEIDAUER, SHANNON (Continued) Description Jul xxx-6400 general usage Jul xxx-3564 alarm Julxxx-6084 general usage Julxxx-0074 general usage Jul xxx-3143 PD overiand ofc Jul xxx-8573 general usage Jul xxx-5473 Moraga Rd Jul xxx-0073 general usage Jul xxx-7562 img controller Jul xxx-0682 civic center camera Jul xxx-2372 W.C.Prk irrg control Julxxx-5072 general usage Jul xxx-4723 Police Dept Jul xxx-0714 PD mall alarm/fax line Jun advent sing: Street Painting Festival Veterinary srvcs:Police K-9 Veterinary srvcs: Police K-9 Unit 7/13 Lifeguard 1st response kit:aquatics rei mb: 6/3/10-7/2/10 phone expense refund CTC for kids/1415.202 Amount Paid 1,552.80 72.50 35.02 309.21 54.54 36.26 37.49 125.03 38.80 93.00 36.27 2,363.33 37.41 115.76 2,015.00 400.87 452.73 126.11 44.50 135.00 140032 07/22/2010 003730 WEST COAST ARBORISTS INC 6/1-15 tree trimming srvcs: harveston 15,700.00 6/1-15 tree trimming srvcs: var. parks 7,177.00 140033 07/22/2010 002841 WESTERN OILFIELDS SUPPLY Irrigation rental for 4th of July:rrsp 2,856.23 CO, DBA: RAIN FOR RENT Irrigation rental for4th of July:rrsp 1,835.38 140034 07/22/2010 000621 WESTERN RIVERSIDE FY10/11 Clean Cities Coalition 10,000.00 COUNCIL OF 140035 07/22/2010 013613 WORTHINGTON, PAULA reimb:FAM night supplies 115.93 140036 07/22/2010 003776 ZOLL MEDICAL CORPORATION Paramedic equipment supplies 517.18 Medical Supplies: Paramedics 2,812.84 Grand total for UNION BANK OF CALIFORNIA: Check Total 4,907.42 2,015.00 853.60 126.11 44.50 135.00 22,877.00 4,691.61 10,000.00 115.93 3,330.02 4,904,823.03 Page9 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1516 07/29/2010 0004441NSTATAX(EDD) unemp tax 2nd qtr '10 14,302.34 14,302.34 1517 07/28/2010 005460 U S BANK 2010 RDA TABS Series B Debt Srvc Pmt 248,713.07 248,713.07 1518 07/28/2010 005460 U S BANK 2006 RDA TABS Series A Debt Srvc Pmt 623,518.13 623,518.13 1519 07/28/2010 005460 U S BANK 2002 RDA Bonds Debt Srvc Pmt 1,135,408.13 1,135,408.13 1520 07/28/2010 005460 U S BANK 2010 RDA TABS Series A Debt Srvc Pmt 10,373.60 10,373.60 140037 07/29/2010 003951 ALL AMERICAN ASPHALT release cm 147977 EMWD claim 105,016.20 ret w/h Apr inv 148658 -1,781.26 ret w/h cminv 147977 EMWD -10,501.62 92,733.32 140038 07/29/2010 012951 APPLIED DEVELOPMENT JUN CNSLT SVC:QUALITY OF LIFE 5,346.71 5,346.71 ECONOMICS PLAN 140039 07/29/2010 004855 SABER, GABRIELE M. Best of Show winner: Street Painting 500.00 500.00 140040 07/29/2010 008061 BATTERYZONE, INC. equip supplies:CAP volunteer pgrm 106.41 sales tax inv fsi 05187 -8.57 97.84 140041 07292010 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,624.00 1,624.00 140042 07/292010 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,175.22 DUI & drug screenings: Police 717.00 DUI & drug screenings: Police 377.00 2,269.22 140043 07/292010 013684 BLUE SHIELD OF CALIFORNIA Jul/Aug cobra: Papp, Emery 1,673.10 1,673.10 140044 07292010 011421 BRODART COMPANY (2) BOOKS: LIBRARY 31.06 (1) BOOK: LIBRARY 23.37 (1) BOOK: LIBRARY 21.13 (1) BOOK: LIBRARY 20.11 (1) BOOK: LIBRARY 19.23 114.90 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA 140045 07/29/2010 009082 C B C TECHNICAL INC misc supplies: Theater 136.39 misc supplies: Theater 48.94 185.33 140046 07/29/2010 012089 CAFE DANIEL INC refreshments: 4th July VIP 650.00 650.00 140047 07292010 004566 CALIF DEPT -TOXIC SUB CAL000263633: City Hall 205.63 CONTROL CAL000212813: Maint Facility 205.63 CAL000263634: Fire Stn 84 205.62 CAL000263635: CRC 205.62 822.50 140048 07/292010 013649 CALIFORNIA AUTO COLLISION, vehicle repair: Park Ranger 448.08 448.08 INC 140049 07292010 002058 CHRISTIAN YOUTH THEATER refund: sec dep theater 327-5/15/10 500.00 500.00 140050 07/292010 004414 COMMUNITY WORKS DESIGN Mar -Apr enviro mitigation svc:rrsp 936.87 936.87 GROUP 140135 07292010 012353 CONSTRUCTION TESTING Jun geotech testing: PW CIP 540.00 540.00 140051 07/292010 010650 CRAFTSMEN PLUMBING & plumbing repair: RRSP 593.62 593.62 HVAC INC 140052 07292010 012298 CYCO PATH repair/maint: PD motorcycle 006 81.50 tune up: PD motorcycle 005 60.00 tune up: PD motorcycle 011 60.00 tune up: PD motorcycle 009 60.00 261.50 140053 07/292010 001393 DATA TICKET INC Jun citation Svcs: Police 1,388.75 1,388.75 140054 07/292010 008943 DEPT OF GENERAL SERVICES massage hearing case flings 225.50 225.50 (DGS) 140055 07/292010 003945 DIAMOND ENVIRONMENTAL restroom svc: Street Painting Fest 423.57 423.57 SRVCS 140056 07292010 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD 95.62 FUELING INC Fuel for City vehicles: Police 80.26 Fuel for City vehicles: TCSD 62.76 238.64 140057 07/292010 011202 E M H SPORTS & FITNESS TCSD instructor earnings 945.00 945.00 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA 140058 07/292010 002390 EASTERN MUNICIPAL WATER July 190304-02:39569 Seraphina rd 583.69 583.69 GODADDY.COM INC. TT Wilcard SSL renewal 1 yr DIST OFFICE DEPOT BUSINESS SVS SJ office chair: reception KB 280.56 140059 07/292010 011203 ENVIRONMENTAL CLEANING addl janitorial svc:parks 529-31 700.00 700.00 140060 07/292010 001056 EXCEL LANDSCAPE garden improvements: mpsc 312.00 96.00 TT bank charge 39.00 irrigation repairs: Stn 84 244.69 38.00 LAKE ELSINORE VALLEY AA regist:SW City Mgrs cf AAlfM 33.00 landscape maint: Rancho Vista 207.93 MARIE CALLENDER SJ refreshments: Council mtg 6/8 14.98 irrigation repairs: Stn 73 114.03 878.65 140061 07/292010 000165 FEDERAL EXPRESS INC 621-25 city express mail services 123.92 7/1-9 city express mail services 121.34 245.26 140136 07292010 003347 FIRST BANKCARD CENTER 07/292010 011967 FULL VALUE ENTERTAINMENT AVALIVE TT Viewcast Osprey -440: Info Sys 876.52 GODADDY.COM INC. TT Wilcard SSL renewal 1 yr 299.99 OFFICE DEPOT BUSINESS SVS SJ office chair: reception KB 280.56 DIV RED GINGER CHINA BISTRO SJ meal: Council closed mtg 622 169.15 BEST BUY COMPANY INC TT dual monitor card: EDC project 119.60 CAFE DANIEL AA lunch Old Twn tour SDUT 6/17 96.00 TT bank charge 39.00 PAYPAL TT Jun *seeclickfix* svc: Info Sys 38.00 LAKE ELSINORE VALLEY AA regist:SW City Mgrs cf AAlfM 33.00 CHAMBER MARIE CALLENDER SJ refreshments: Council mtg 6/8 14.98 RESTAURANT25 AVALIVE TT sales tax:Viewcast Osprey 440 -68.16 1,898.64 140063 07/292010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 7/16 294.00 294.00 140064 07292010 007804 GAZER, GEOFFREY PERFORMANCE: HOT SUMMER 7/30 250.00 250.00 apChkLst 07/292010 003299 HAYES, BARNEY Final Check List 400.00 Page: 07/29/2010 10:16:22AM CITY OF TEMECULA Pre-employment physicals: HR 25.00 140065 07/29/2010 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 7/17 370.50 370.50 140066 07/29/2010 003792 GRAINGER emergency equip: TCC 1,098.09 3,368.75 3,368.75 140071 07/292010 emergency equip: TCC 21.29 229.63 229.63 140137 07/292010 sales tax credit: 9287050364/356 -10.20 1,109.18 140067 07/292010 005311 H2O CERTIFIED POOL WATER shower heaters & supplies:crc 6,030.50 6,030.50 140068 07/292010 003299 HAYES, BARNEY entertainment: hot summer 7/30 400.00 400.00 140069 07/292010 001135 HEALTHPOINTE MEDICAL Pre-employment physicals: HR 25.00 25.00 GROUP INC 140070 07/292010 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 3,368.75 3,368.75 140071 07/292010 010530 1 P C INDUSTRIES INC golf cart rentals: 4th July 229.63 229.63 140137 07/292010 004984 INDEPENDENT ROOFING JUN ROOF INSPECT: CIVIC CENTER 650.00 650.00 CONSULTANT 140072 07/292010 013420 INGRAM LIBRARY SERVICES (3) BOOKS: LIBRARY 53.79 53.79 INC 140073 07/292010 013200 JAROTH INC Jul -Aug pay phone:duck pond,library,crc 425.28 425.28 140074 07/292010 003605 LAKE ELSINORE STORM b -ball hats:mother/son date 822/10 261.00 261.00 140075 07/292010 004412 LEANDER, KERRY D. TCSD instructor earnings 1,529.50 1,529.50 140076 07/292010 003782 MAIN STREET SIGNS misc signs & hardware supplies:PW Maint 9,508.28 9,508.28 140077 07/292010 013680 MANGIACOTTI, GEM ANN Presenter: summer explorers camp 8/3 125.00 125.00 140078 07/292010 012980 MC KELVEY, SHAWN Artist Choice'10/Street Painting 100.00 100.00 140079 07/292010 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 579.60 579.60 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA 140080 07292010 009541 MEYER & ASSOCIATES Apr -May dsgn srvcs:tcc expansion 4,040.00 4,040.00 140081 07/292010 004951 MIKE'S PRECISION WELDING Welding srvcs: city hall 225.00 225.00 INC. 140082 07/292010 013663 MIRAMAR FORD TRUCK SALES City vehicle repair &maint: PW Maint 3,484.42 3,484.42 INC 140083 07/292010 010797 MUSSER, DAVID 1st plc Plein Air contest: Street 200.00 200.00 140084 07/292010 002925 NAPA AUTO PARTS Auto parts & misc supplies:Stn 84 203.79 Auto parts & misc supplies:Stn 84 116.25 Auto parts & misc supplies:Stn 84 40.32 360.36 140085 07/292010 000727 NATIONAL FIRE PROTECTION Code publications: b&s dept 1,153.06 1,153.06 ASSN 140086 07/292010 013699 NAT'L ASSN OF EMS mbrshp dues:P.Rawlings 160.00 160.00 PHYSICIANS 140087 07/292010 013319 NEW TANGRAM LLC furniture & space dsgn:civic center 19,406.25 19,406.25 140088 07292010 008528 NICHOLS, MELBURG & JUN ENG SRVCS:CIVIC CENTER PH II 36,523.07 ROSETTO JUN DSGN:OLD TOWN INFRASTRUCTURE 6,419.28 JUN ENG SRVCS:CIVIC CENTER PH II 1,156.95 JUN ENG SRVCS:CIVIC CENTER PH II 842.33 44,941.63 140089 07292010 010167 ODYSSEY POWER Equip repair:library 6,066.00 CORPORATION HVAC repair:West Wing 135.00 6,201.00 140090 07/292010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: TCSD 847.16 City Vehicle Maint Svcs: TCSD 524.42 City Vehicle Maint Svcs: TCSD 66.50 City Vehicle Maint Svcs TCSD 51.59 1,489.67 140091 07/292010 002105 OLD TOWN TIRE & SERVICE credit:billing adjustment/B&S -4.99 City Vehicle Maint Svcs: B&S 156.99 152.00 140092 07/292010 013681 P & M INC Towing srvcs:Police 6/16 175.00 175.00 140093 07/292010 010906 P C R SERVICES Apr burrowing owl study:lslamic Center 971.85 971.85 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA CORPORATION 140094 07/29/2010 002498 PETRA GEOTECHNICAL INC Jun geotech srvcs:redhawk park impry 1,903.41 1,903.41 140095 07/29/2010 001999 PITNEY BOWES 6/16-9/15 postage mtr rental: Ste 84 102.48 102.48 140096 07/29/2010 006084 POWER DISTRIBUTORS INC light fixture maint:tes 10,105.50 10,105.50 140097 07/29/2010 005075 PRUDENTIAL OVERALL Jun uniform/fir matftwl srvcs:city 1,418.94 SUPPLY Jul uniformRlr matftwl srvcs:city 142.16 1,561.10 140098 07/29/2010 008964 PULSIFER, JAMES Entertainment: Hot Summer Nights 7/30 750.00 750.00 140099 07/29/2010 000262 RANCHO CALIF WATER Jun var water meters:TCSD 22,247.32 DISTRICT Jun var water meters 41951 moraga 1,401.33 Jun var water meters:calle elenita 49.17 23,697.82 140100 07/29/2010 002654 RANCHO FORD LINCOLN City vehicle maint srvcs:Stn 84 535.71 MERCURY City vehicle maint supplies:Stn 84 179.22 714.93 140101 07/29/2010 013455 REED, DARRYL L. Entertainment: concert series 8/5 1,000.00 1,000.00 140102 07292010 004584 REGENCY LIGHTING Electrical supplies: Library 387.80 Electrical supplies:mpsc 102.83 490.63 140103 07/292010 002412 RICHARDS WATSON & Jun 2010 legal services 107,712.52 107,712.52 GERSHON 140104 07/292010 000353 RIVERSIDE CO AUDITOR LAFCO cost allocation: Planning 7,114.24 7,114.24 140105 07/292010 000406 RIVERSIDE CO SHERIFFS July 4th events patrol srvcs 17,347.42 DEPT Jun '10 booking fees:Police 5,896.48 Jazz Festival patrol srvcs 7/9-10 1,799.45 25,043.35 140106 07/292010 000277 S & S ARTS & CRAFTS INC Misc craft supplies:Tiny Tots Prgm 308.92 308.92 140107 07/292010 013701 SCOTT, KELLY refund:picnic rental:pala comm park 67.00 67.00 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA 140108 07/292010 010089 SECURITAS SECURITY SRVCS Security guard services: expo 2010 188.28 188.28 USA 140109 07/292010 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7/15/10 304.50 304.50 140110 07/292010 004814 SIMON WONG ENGINEERING JUN DSGN: MAIN STREET 1,694.38 1,694.38 INC BRIDGE/MURR CREEK 140111 07/292010 000645 SMART & FINAL INC misc supplies:High Hopes Prgm 12.04 12.04 140112 07/292010 000537 SO CALIF EDISON July 2-28-331-4847:32805 pauba LS3 122.48 122.48 140113 07292010 002361 SO CALIF FPOS FY 10/11 mbrshp dues:S.Dakin 55.00 55.00 140114 07/292010 001212 SO CALIF GAS COMPANY July 055-475-6169-5:PBSP 120.95 120.95 140115 07/292010 013704 SOLUTIONS4SURE.COM office supplies: C. Museum 189.37 189.37 140116 07/292010 002015 STAR WAY PRODUCTIONS Audio and sound repairs: crc 860.00 860.00 140117 07/292010 009452 STRAWN, WILLIAM R. Reimb:supplies for theater 212.03 212.03 140118 07/292010 007698 SWANK MOTIONS PICTURES, Pnk Pnthr 2:movies in park pgrm 723 371.00 371.00 INC. 140119 07/292010 003599 T Y LIN INTERNATIONAL MAY DSGN SRVCS WESTERN BYPASS 9,875.27 BRIDGE APR DSGN SRVCS WESTERN BYPASS BRIDGE 5,915.00 15,790.27 140120 07/292010 000305 TARGET BANK BUS CARD Misc supplies:mpsc 65.31 SRVCS Misc supplies:c. museum 54.56 119.87 140121 07/292010 010191 TAYLOR, JUDY Presenter: summer explorers camp 8/5 150.00 150.00 140122 07/292010 003677 TEMECULA MOTORSPORTS City vehicle repair & maint:police 274.36 LLC City vehicle repair & maint:police 3.39 277.75 apChkLst Final Check List Page: 07/29/2010 10:16:22AM CITY OF TEMECULA 140123 07/29/2010 004209 TEMECULA SUNRISE ROTARY Apr -Jun bus bench install & maint: PW 3,000.00 3,000.00 FOUND. 140124 07/29/2010 010493 TEMECULA TOWNE CENTER Jul lease pmt: Police Mall Storefront 1,458.33 ASSOC LP Aug lease pmt: Police Mall Storefront 1,458.33 2,916.66 140125 07/29/2010 013702 TEMECULA VALLEY FILM refund:rm rental: Library 72.00 72.00 SOCIETY 140126 07/29/2010 005970 TEMECULA VALLEY PLAYERS entertainment: E.S.Gardner 11/5 750.00 750.00 140127 07/29/2010 004274 TEMECULA VALLEY SECURITY locksmith srvcs: Police o.t.stn 90.00 90.00 CENTR 140128 07/292010 010276 TIME WARNER CABLE Aug high speed internet: MPSC 44.95 44.95 140129 07/292010 000854 URBAN LAND INSTITUTE mbrshp dues:R.Johnson #0004746050 525.00 525.00 140130 07/292010 004261 VERIZON July xxx-5706 gen usage:FOC 181.22 July xxx-2016 gen usage:Reverse 911 122.08 July xxx-5275 gen usage:Tem PD DSL 37.40 July xxx-2676 general usage 36.25 July xxx-5696 gen usage:sports comp 36.25 413.20 140131 07/292010 004789 VERIZON ONLINE July Internet svcs:Library 439.95 July Internet svcs:Tem PD DSL 42.99 482.94 140132 07/292010 013647 VICAR OPERATING, INC. Veterinary srvcs: Police K-9 Unit 7/15 594.19 Veterinary srvcs: Police K-9 Unit 7/20 42.59 636.78 140133 07/292010 000348 ZIGLER, GAIL Reimb:supplies/Hire a Youth Prgm 156.21 156.21 140134 07/292010 003776 ZOLL MEDICAL CORPORATION Paramedic equipment supplies 2,211.65 2,211.65 Grand total for UNION BANK OF CALIFORNIA: 2,469,749.42 103 checks in this report. Grand Total All Checks: 2,469,749.42 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 $7,884,047.69. 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 10th day of August, 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 10th day of August, 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 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 10, 2010 SUBJECT: City Treasurer's Report as of June 30, 2010 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of June 30, 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 June 30, 2010. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of June 30, 2010 Reporting period 06/01/2010-0610/2010 Portfolio TEME CP Run Data 07127IM10 13 13 PM IPRF`Ml lsyMRDPre 42 Retortver. 500 City of Temecula City of Temecula, California 43266 Business Park Drive Portfolio Management g Po. Temecula, Box 9633 CA, 92596 IMV i� Portfolio Summary (951)694 6430 --_ —! June 30, 2010 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 355 Equiv. Certificates of DepositBank373,983.53 373,983.A 8]3,929.63 0.54 1,177 82 6.880 6878 Managed Pool A000unts 42279,328.86 49,279,328.86 42279,328.86 2B.48 1 1 0.427 0494 Letter of credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Inrevomern Funds 70281,46710 70,366,86195 70281,457.10 4335 1 1 0.521 0.522 Federal Agency callable seouriaes 23,000,000.00 23,339,400.00 23,000,000.00 1419 1,372 959 272E 2784 Federal Agency Bullet seourifies 23R5,000.00 23,377,5B700 23033,843.5B 1421 742 400 1494 1.515 Investment oantrads 2031,4BB78 2031,48878 2031,48878 125 8979 2819 6.609 6626 1662,111,297.94 1662,857458.89 162,079,940.60 199.99% 395 227 1.953 1.989 Investments Cash Passbook/obeokirg 4,33 7,247 57 4,237,247.57 4,33 7,247 57 1 1 0.000 0.000 (not Irmind d In yield oaloulations) Total Cash and Investments 188,94,544.81 16/,894,708.48 166,917,188.17 395 227 1.053 1.088 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 148,61882 2,366,99x_53 2,366,99x_53 Average Daily Balance 168,090,529.12 178,037,345.96 Effective Rate of Return 1.08% 1.33% Reporting period 06/01/2010-0610/2010 Portfolio TEME CP Run Data 07127IM10 13 13 PM IPRF`Ml lsyMRDPre 42 Retortver. 500 City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 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 74,561.60 766776006-2 03-6 RES2 766776000-3 03-6 SP TX3 95453510-2 66-12 BON D2 95453516-4 66-12 G14 Run Date_ 07/27/2010 -13 13 5.600 5.676 62 09/01/2010 5.600 5.678 62 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 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 607,437.24 607,437.24 607,437.24 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 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 637,626.39 637,626.39 637,626.39 0.000 0.000 1 First American Treasury 74,561.60 74,561.60 74,561.60 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 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 3,412.95 3,412.95 3,412.95 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 347,596.93 347,596.93 347,596.93 0.000 0.000 1 First American Treasury 61,616.43 61,616.43 61,616.43 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 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 1,167,240.96 1,167,240.96 1,167,240.96 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 50,409.61 50,409.61 50,409.61 0.000 0.000 1 First American Treasury 0.00 0.00 0.00 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 0.00 0.00 0.00 0.000 0.000 1 First American Treasury 195,763.65 195,763.65 195,763.65 0.000 0.000 1 First American Treasury 336.59 336.59 336.59 0.000 0.000 1 First American Treasury 13,160.90 13,160.90 13,160.90 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 June 30, 2010 Page 3 Portfollo TEME CP Run Date_ 07/27/2010 -13 13 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 63.66 63.66 63.66 0.000 0.000 1 122216006-3 CITY COPCIP2 First American Treasury 07/01/2009 620,665.54 620,665.54 620,665.54 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 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 0.00 0.00 0.00 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 546,651.95 546,651.95 546,651.95 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 696.50 696.50 696.50 0.000 0.000 1 107666026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 03/11/2010 19,394.96 19,394.96 19,394.96 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 03/11/2010 0.00 0.00 0.00 0.000 0.000 1 136343016-2 RDA 10B CIP2 First American Treasury 05/31/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 10B-INT1 First American Treasury 06/10/2010 133,922.42 133,922.42 133,922.42 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 26,967,616.16 26,967,616.16 26,967,616.16 0.560 0.552 0.560 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,559,191.16 1,559,191.16 1,559,191.16 0.526 0.521 0.526 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 603,366.77 603,366.77 603,366.77 0.526 0.521 0.526 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 355,497.15 355,497.15 355,497.15 0.526 0.521 0.526 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,599,315.22 3,599,315.22 3,599,315.22 0.560 0.552 0.560 1 122216006 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 1 2221 60 03-1 CITY COP RE1 CA Local Agency Investment Fun 620,612.63 620,612.63 620,612.63 0.526 0.521 0.526 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 107666016-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 107666030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 107666027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 107666026-1 RDA 07 PRO -1 CA Local Agency Investment Fun 691,640.54 691,640.54 691,640.54 0.526 0.521 0.526 1 107666026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,106,966.36 1,106,966.36 1,106,966.36 0.526 0.521 0.526 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 0.00 0.00 0.00 0.000 0.000 1 Portfollo TEME CP Run Date_ 07/27/2010 -13 13 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 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 42,489,891.11 42,879,386.65 42,879,386.65 42,879,386.65 0.487 0.494 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2009 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 729,504.13 729,504.13 729,504.13 0.526 0.521 0.526 1 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,675,395.01 3,675,395.01 3,675,395.01 0.526 0.521 0.526 1 744727011-1 03-3 ADO CA Local Agency Investment Fun 925,347.97 925,347.97 925,347.97 0.526 0.521 0.526 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.526 0.521 0.526 1 766776007-1 03-6 IMP 1 CA Local Agency Investment Fun 157,217.24 157,217.24 157,217.24 0.526 0.521 0.526 1 SYSCITY CITY CA Local Agency Investment Fun 23,027,119.10 23,064,970.53 23,027,119.10 0.526 0.521 0.526 1 SYSRDA RDA CA Local Agency Investment Fun 20,169,727.09 20,202,661.60 20,169,727.09 0.526 0.521 0.526 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 03/11/2010 1,264,305.75 1,264,305.75 1,264,305.75 0.526 0.521 0.526 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 03/11/2010 0.00 0.00 0.00 0.526 0.521 0.526 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 03/11/2010 6,005,745.06 6,005,745.06 6,005,745.06 0.526 0.521 0.526 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,107,095.73 14,130,264.64 14,107,095.73 0.526 0.521 0.526 1 Subtotal and Average 68,644,790.43 70,261,457.10 70,355,651.95 70,261,457.10 0.521 0.528 1 Federal Agency Callable Securities 31331GZ36 01145 Federal Farm Credit Bank 10/19/2009 1,000,000.00 1,003,440.00 1,000,000.00 1.550 2.399 2.432 749 07/19/2012 3133XRSM3 01102 Federal Home Loan Bank 07/23/2006 1,000,000.00 1,002,190.00 1,000,000.00 4.050 3.995 4.050 571 01/23/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2006 1,000,000.00 1,003,130.00 1,000,000.00 4.220 4.162 4.220 760 07/30/2012 3133XRM 01116 Federal Home Loan Bank 06/20/2006 1,000,000.00 1,004,690.00 1,000,000.00 4.070 4.014 4.070 761 06/20/2012 3133XUAE3 01131 Federal Home Loan Bank 07/27/2009 1,000,000.00 1,000,940.00 1,000,000.00 2.000 1.973 2.000 757 07/27/2012 3133XUBXO 01133 Federal Home Loan Bank 07/30/2009 1,000,000.00 1,001,250.00 1,000,000.00 2.375 2.342 2.375 944 01/30/2013 3133XUGS6 01136 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,003,130.00 1,000,000.00 2.500 2.466 2.500 971 02/26/2013 3133XUKAO 01136 Federal Home Loan Bank 06/26/2009 1,000,000.00 1,003,130.00 1,000,000.00 2.560 2.545 2.560 971 02/26/2013 3133XUNQ2 01141 Federal Home Loan Bank 09/15/2009 1,000,000.00 1,002,500.00 1,000,000.00 1.700 1.677 1.700 623 03/15/2012 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,016,130.00 1,000,000.00 2.100 2.071 2.100 1,030 04/26/2013 3126X9NT3 01152 Federal Home Loan Mtg Corp 12/10/2009 1,000,000.00 1,004,670.00 1,000,000.00 1.625 1.603 1.625 693 12/10/2012 3136F9CB7 01066 Federal National Mtg Assn 03/11/2006 2,000,000.00 2,146,760.00 2,000,000.00 4.000 3.945 4.000 964 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2006 1,000,000.00 1,075,940.00 1,000,000.00 4.000 3.945 4.000 1,000 03/27/2013 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,006,560.00 1,000,000.00 2.000 1.973 2.000 693 12/10/2012 3136FHY66 01132 Federal National Mtg Assn 06/03/2009 1,000,000.00 1,001,560.00 1,000,000.00 2.000 1.973 2.000 764 06/03/2012 31396AYN6 01134 Federal National Mtg Assn 07/26/2009 1,000,000.00 1,019,060.00 1,000,000.00 3.000 2.959 3.000 1,466 07/26/2014 3136FJAD3 01140 Federal National Mtg Assn 09/03/2009 1,000,000.00 1,006,250.00 1,000,000.00 2.200 3.519 3.566 666 12/03/2012 31396AZD7 01142 Federal National Mtg Assn 09/21/2009 1,000,000.00 1,003,130.00 1,000,000.00 2.170 2.140 2.170 994 03/21/2013 3136FJFD6 01143 Federal National Mtg Assn 09/26/2009 1,000,000.00 1,003,440.00 1,000,000.00 2.050 2.022 2.050 911 12/26/2012 Portfollo TEME CP Run Date_ 07/27/2010 -13 13 PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2010 Page 5 Subtotal and Average 25,533,333.33 Federal Agency Bullet Securities 31331YG46 Average Purchase 31331Y3P3 01105 31331Y3N6 Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XVRS2 01151 313569E25 01-2 RESA9 313569E25 01-2 RESB9 313569E25 01-2 SPTAX9 31396AYM6 01139 3136FJHX2 01146 Federal National Mtg Assn 10/26/2009 1,000,000.00 1,004,060.00 1,000,000.00 2.000 1.973 2.000 911 12/26/2012 3136FJNN7 01146 Federal National Mtg Assn 11/16/2009 1,000,000.00 1,013,130.00 1,000,000.00 2.000 1.973 2.000 1,601 11/16/2014 31396AZY1 01149 Federal National Mtg Assn 11/10/2009 1,000,000.00 1,010,310.00 1,000,000.00 3.125 3.062 3.125 1,593 11/10/2014 Subtotal and Average 25,533,333.33 Federal Agency Bullet Securities 31331YG46 01092 31331Y3P3 01105 31331Y3N6 01111 31331 GF47 01135 31331 GG37 01137 31331 GZ44 01144 3133XRRU6 01101 3133XSWM6 01124 3133XTN65 01125 3133XTXC5 01130 3133XVEM9 01150 3133XVRS2 01151 313569E25 01-2 RESA9 313569E25 01-2 RESB9 313569E25 01-2 SPTAX9 31396AYM6 01139 313569E25 03-02 LC9 313569E25 03-02 RES9 313569E25 03-02 SPTAX9 313569E25 03-04 RED9 313569E25 03-04 RES9 313569E25 03-06 RES9 313569E25 03-06 SPTAX9 313569E25 03-1 RESA9 313569E25 03-1 RESB9 313569E25 03-1 SPTAX9 313569E25 03-3 RES9 313569E25 03-3 SPTAX9 313569E25 66-12 BND9 313569E25 66-12 GEN19 Run Date_ 07/27/2010 -13 13 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 23,033,643.56 23,000,000.00 23,339,400.00 23,000,000.00 2.726 2.764 959 04/21/2006 2,000,000.00 2,035,620.00 1,993,700.00 07/15/2006 1,000,000.00 1,036,660.00 996,140.00 07/30/2006 1,000,000.00 1,032,500.00 999,000.00 07/29/2009 1,000,000.00 1,026,750.00 997,500.00 06/04/2009 1,000,000.00 1,027,610.00 1,000,000.00 10/15/2009 1,000,000.00 1,014,690.00 1,000,000.00 07/03/2006 1,000,000.00 1,032,500.00 996,570.00 01/23/2009 1,000,000.00 1,022,500.00 1,000,000.00 05/07/2009 1,000,000.00 1,012,500.00 1,000,000.00 06/11/2009 1,000,000.00 1,026,750.00 1,000,000.00 11/04/2009 1,000,000.00 1,016,560.00 1,000,000.00 11/16/2009 1,000,000.00 1,005,940.00 999,750.00 03/01/2010 442,056.67 441,970.46 441,606.99 03/01/2010 203,496.12 203,457.42 203,290.10 03/01/2010 254,253.26 254,202.43 253,993.36 06/10/2009 1,000,000.00 1,019,360.00 991,250.00 03/01/2010 2,644,430.70 2,643,661.61 2,641,523.06 03/01/2010 367.94 367.67 367.56 03/01/2010 660,275.45 660,143.39 659,600.50 03/01/2010 17,765.92 17,762.37 17,747.76 03/01/2010 96,566.21 96,546.90 96,467.50 03/01/2010 336,266.41 336,220.75 337,942.60 03/01/2010 69,595.39 69,561.47 69,524.25 03/01/2010 667,161.16 667,007.74 666,294.73 03/01/2010 223,795.70 223,750.94 223,566.93 03/01/2010 369,636.94 369,760.97 369,440.44 03/01/2010 2,160,331.53 2,179,695.46 2,176,102.75 03/01/2010 407,472.74 407,391.25 407,056.21 03/01/2010 359.52 359.45 359.15 03/01/2010 66,920.10 66,906.32 66,649.65 23,065,000.00 23,377,567.00 23,033,643.56 2.630 2.703 2.740 294 04/21/2011 3.500 3.514 3.563 459 10/03/2011 3.625 3.610 3.661 379 07/15/2011 2.250 2.264 2.316 1,124 07/29/2013 2.150 2.121 2.150 949 02/04/2013 1.550 1.529 1.550 637 10/15/2012 3.625 3.626 3.676 365 07/01/2011 2.100 2.071 2.100 571 01/23/2012 1.500 1.479 1.500 494 11/07/2011 2.250 2.219 2.250 711 06/11/2012 1.625 1.603 1.625 674 11/21/2012 1.000 0.996 1.012 545 12/26/2011 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.400 0.406 62 09/01/2010 1.750 2.024 2.052 771 06/10/2012 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.400 0.406 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.400 0.406 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 0.200 0.203 0.206 62 09/01/2010 1.494 1.515 400 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2010 Page 6 Total and Average 168,090,529.12 Run Date_ 07/27/2010 -13 13 162,111, 297.04 162, 857,458.89 162, 079, 940.60 1.053 1.068 227 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Average Purchase Stated YTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Investment Contracts 95453516-1 66-12 GEN IM IXIS Funding Corp 07/24/1996 500,000.00 500,000.00 500,000.00 5.430 5.509 5.565 2,619 09/01/2017 95453516-1 66-12 RES 2 IXIS Funding Corp 07/24/1996 1,531,466.76 1,531,466.76 1,531,466.76 5.430 5.509 5.565 2,619 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 2,619 Total and Average 168,090,529.12 Run Date_ 07/27/2010 -13 13 162,111, 297.04 162, 857,458.89 162, 079, 940.60 1.053 1.068 227 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 City of Temecula, California Portfolio Management Portfolio Details - Cash June 30, 2010 Page 7 Average Balance 0.00 Total Cash and Investments 168,090,529.12 Run Date_ 07/27/2010 -13 13 166, 948, 544.61 167, 694, 706.46 166, 917,188.17 1.053 1.068 227 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 334,664.63 334,664.63 334,664.63 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 07/01/2009 2,266,290.70 2,266,290.70 2,266,290.70 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 07/01/2009 0.00 0.00 0.00 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 13,766.74 13,766.74 13,766.74 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 2,209,956.00 2,209,956.00 2,209,956.00 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2009 7,557.50 7,557.50 7,557.50 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 168,090,529.12 Run Date_ 07/27/2010 -13 13 166, 948, 544.61 167, 694, 706.46 166, 917,188.17 1.053 1.068 227 Portfollo TEME CP PM (PRF_PM2) SymRapt 6 42 Cash and Investments Report CITY OF TEMECULA Through June 30, 2010 Fund Total 001 GENERAL FUND 49,137,123.12 100 STATE GAS TAX FUND 293,162.86 101 STATE TRANSPORTATION FUND 1,630,933.59 120 DEVELOPMENT IMPACT FUND 4,400,907.15 150 AB 2766 FUND 508,760.81 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 13,824,182.50 170 MEASURE A FUND 6,509,034.27 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,411,578.50 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 54,964.11 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 843,307.65 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 2,880,087.77 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 9,898.52 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 229,417.82 197 TEMECULA LIBRARY FUND 1,199,039.24 210 CAPITAL IMPROVEMENT PROJECT FUND 15,182,262.31 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,624,542.86 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 1,007,166.40 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 158,619.42 277 CFD-RORIPAUGH 31,433,352.04 280 REDEVELOPMENT AGENCY - CIP PROJECT 693,969.98 300 INSURANCE FUND 604,334.84 310 VEHICLES FUND 911,481.10 320 INFORMATION SYSTEMS 127,162.14 330 SUPPORT SERVICES 260,469.29 340 FACILITIES 5,917.16 370 CITY 2008 COP'S DEBT SERVICE 823,141.06 380 RDA DEBT SERVICE FUND 5,674,657.65 390 TCSD 2001 COP'S DEBT SERVICE 2,966.60 460 CFD 88-12 DEBT SERVICE FUND 4,890,464.39 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,546,635.48 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,151,455.51 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 183,092.75 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,083,817.31 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 633,452.33 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 8,763,347.08 700 CERBT CALIFORNIA EE RETIREE-GASB45 0.85 Grand Total: $ 167,694,706.46 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Sean Dakin, Battalion Chief/Fire Marshal DATE: August 10, 2010 SUBJECT: Approve an Expenditure with Zoll Medical Corporation RECOMMENDATION: That the City Council approve an expenditure with Zoll Medical Corporation for the purchase of three Paramedic Manual Defibrillators in the amount of $34,351.91. BACKGROUND: Zoll Medical Corporation is the current contracted vendor with Riverside County Fire for medical equipment and supplies and the sole source vendor for ACLS Manual Defibrillators. The Riverside County Fire Contract with Zoll is a piggyback agreement and the City will be utilizing this agreement to purchase the monitors. Manufacturer recommendation is that Paramedic Manual Defibrillators be replaced every five years in order to ensure optimal clinical use and capability. By maintaining a five year replacement schedule the City Paramedic Program will have the most up to date technology available. Proper replacement of medical equipment and utilizing current technology will allow us to provide the highest standard of medical care and service delivery to our citizens. Zoll will provide a $15,000.00 discount on the purchase price with the exchange of three of our most heavily used and outdated monitors bringing the total purchase price down from $47,015.55 to $34,351.91. FISCAL IMPACT: Adequate funds have been budgeted and approved in the Fire Department's Annual Operating budget for Fiscal Year 2010/2011. ATTACHMENTS: Riverside County Fire Agreement with Zoll Medical Corporation Isle] Llk 9:LTO1 County of Riverside County Fire Perris FS 1 210 W San Jacinto Ave Perris CA 92570 USA VendorlD 0000012453 Zoll Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford MA 01824-4105 USA Dispatch via Print Contract ID FPARC-46514-001-023-09/10 Page 1 of 1 Contract Dates Currency 09/072009 to 09/062010 USD Rate Type Rate Date CRRNT PO Date Description: Contract Maximum DEFIBRILLATORS AND ACCESSORIES 500,000.00 Minimum Order Maximum / Open Line # Vendor Item ID Item Desc Qty Amt Qty Amt 1 DEFIBRILLATORS AND 1.00 0.00 0.00 0.00 ACCESSORIES, ZOLL Pricing Agreement: Pricing Date: Pricing Quantity: Quantity Type: THIS IS THE FIFTH YEAR OF A FIVE YEAR CONTRACT. 12/292009 RPS PERIOD OF PERFORMANCE 9/07/09 - 9/06/10. YEAR 5 OF 5. RPS ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. The maximum dollar shown on this contract is an estimate. The estimated annual expenditures are based on historical data usage; however, the County shall not be liable for any damages. PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the invoice is received by the County or the date the goods/services are received, which ever is later. Richard P. Strickland, CPPB Date Procurement Contract Specialist Voice: 951-288-2994 Email: rstrickland@co.riverside.ca.us Copy of bid #4802-02R and contract #804191-0 on file at Riverside County Purchasing. Hard = Apply adjustments regardless of other adjustments Skip = Skip adjustments if any other adjustments have been applied Item No. 6 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: August 10, 2010 SUBJECT: Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32436, located within the Harveston Specific Plan, North of Date Street and East of Ynez Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve the Subdivision Improvement Agreement and acceptthe Faithful Performance and Labor and Material Bonds as security for the agreement, and 2. Accept the Certificate of Deposit Agreement for Monumentation. BACKGROUND: Tract Map No. 32436 was approved by City Council on October 25, 2005. The tract is located within the Harveston Specific Plan, north of Date Street and east of Ynez Road. The original property owner, Lennar Homes, sold the tract's 29 vacant lots/pads to Richmond American Homes who subsequently submitted new subdivision improvement agreement and bonds for completing the construction of the remainder of the required public improvements, and posted cash deposit as security for setting the survey monuments. The original subdivision improvement bonds posted by Lennar Homes are valid and remain in place in their entirety. The bonds may be reduced by 90% upon completion of the entire public improvements. Similarly, Lennar Homes' monumentation bond may be exonerated upon completion of the entire survey monuments. FISCAL IMPACT: None ATTACHMENTS: 1) Securities Report 2) Tract Map No. 32436 Index Map CITY OF TEMECULA ENGINEERING DEPARTMENT SECURITIES REPORT TRACT MAP NO. 32436 DATE: August 10, 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 55,000.00 $ 27,500.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 2,472.50 - T,, '= LIMITS TRACT MAP 32436 SHEET 1 OF 1 MURRIFTA VICINITY MAP OF NO SCALE 51 17 23 c 24 t o I 22 1 II 25 W o 15 0 � � 4 \ J 21 \ \ 20 19 51 17 18 c - Q 16 15 0 4 28 1 1 1 I 26 I 29 � L\ 6 5 7 13 14 l _ = l OPEUPACE 9 B 10 12 11 0 N 32 W A V E R L Y 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: August 10, 2010 SUBJECT: Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437-1, located within the Harveston Specific Plan, North of Date Street and East of Ynez Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: Approve the Subdivision Improvement Agreement and acceptthe Faithful Performance and Labor and Material Bonds as security for the agreement, and 2. Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 32437-1 was approved by City Council on October 25, 2005. The tract is located within the Harveston Specific Plan, north of Date Street and east of Ynez Road. The original property owner, Lennar Homes, sold the tract's remaining 19 vacant lots/pads (out of 60 lots) to Richmond American Homes who subsequently submitted new subdivision improvement agreement and bonds for completing the construction of the remainder of the required public improvements, and new subdivision monument agreement for setting the survey monuments. The original subdivision improvement bonds posted by Lennar Homes are valid and remain in place in their entirety. The bonds may be reduced by 90% upon completion of the entire public improvements. Similarly, Lennar Homes' monumentation bond may be exonerated upon completion of the entire survey monuments. FISCAL IMPACT: None ATTACHMENTS: 1) Securities Report 2) Tract Map No. 32437-1 Index Map 0 7 1 TRACT MAP 32437-1 SHEET 10F 1 BRANDON v G NO SCALE 35 36 37 38 9 5 39 � 40 7 8 " 41 42 �, 44 63 OA- 9PACf v` 7cf G z 2 /T CITY OF TEMECULA ENGINEERING DEPARTMENT SECURITIES REPORT TRACT MAP NO. 32437-1 DATE: August 10, 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 78,500.00 $ 39,250.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 3,737.50 - Item No. 8 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: August 10, 2010 SUBJECT: Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437-2, located within the Harveston Specific Plan, North of Date Street and East of Ynez Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: Approve the Subdivision Improvement Agreement and acceptthe Faithful Performance and Labor and Material Bonds as security for the agreement, and 2. Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 32437-2 was approved by City Council on October 25, 2005. The tract is located within the Harveston Specific Plan, north of Date Street and east of Ynez Road. The original property owner, Lennar Homes, sold the tract's remaining 40 vacant lots/pads (out of 70 lots) to Richmond American Homes who subsequently submitted new subdivision improvement agreement and bonds for completing the construction of the remainder of the required public improvements, and new subdivision monument agreement for setting the survey monuments. The original subdivision improvement bonds posted by Lennar Homes are valid and remain in place in their entirety. The bonds may be reduced by 90% upon completion of the entire public improvements. Similarly, Lennar Homes' monumentation bond may be exonerated upon completion of the entire survey monuments. FISCAL IMPACT: None ATTACHMENTS: 1) Securities Report 2) Tract Map No. 32437-2 Index Map CITY OF TEMECULA ENGINEERING DEPARTMENT SECURITIES REPORT TRACT MAP NO. 32437-2 DATE: August 10, 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 162,000.00 $ 81,000.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 7,406.00 - TRACT MAP 32437-2 MIT 1 of 1 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: August 10, 2010 SUBJECT: Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437-3, located within the Harveston Specific Plan, North of Date Street and East of Ynez Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: Approve the Subdivision Improvement Agreement and acceptthe Faithful Performance and Labor and Material Bonds as security for the agreement, and 2. Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 32437-3 was approved by City Council on October 25, 2005. The tract is located within the Harveston Specific Plan, north of Date Street and east of Ynez Road. The original property owner, Lennar Homes, sold the tract's remaining 2 vacant lots/pads (out of 49 lots) to Richmond American Homes who subsequently submitted new subdivision improvement agreement and bonds for completing the construction of the remainder of the required public improvements, and new subdivision monument agreement for setting the survey monuments. The original subdivision improvement bonds posted by Lennar Homes are valid and remain in place in their entirety. The bonds may be reduced by 90% upon completion of the entire public improvements. Similarly, Lennar Homes' monumentation bond may be exonerated upon completion of the entire survey monuments. FISCAL IMPACT: None ATTACHMENTS: 1) Securities Report 2) Tract Map No. 32437-3 Index Map CITY OF TEMECULA ENGINEERING DEPARTMENT SECURITIES REPORT TRACT MAP NO. 32437-3 DATE: August 10, 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 4,500.00 $ 2,250.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 1,092.50 - TRACT MAP 32437-3 SHEET 1 OF 1 NO SCALE Item No. 10 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: August 10, 2010 SUBJECT: Approval of Supplemental Subdivision Improvement Agreement and Bonds for Tract Map No. 32437, located within the Harveston Specific Plan, North of Date Street and East of Ynez Road PREPARED BY: Mayra De LaTorre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the City Council: Approve the Subdivision Improvement Agreement and acceptthe Faithful Performance and Labor and Material Bonds as security for the agreement, and 2. Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 32437 was approved by City Council on October 25, 2005. The tract is located within the Harveston Specific Plan, north of Date Street and east of Ynez Road. The original property owner, Lennar Homes, sold the tract's remaining 26 vacant lots/pads (out of 63 lots) to Richmond American Homes who subsequently submitted new subdivision improvement agreement and bonds for completing the construction of the remainder of the required public improvements, and new subdivision monument agreement for setting the survey monuments. The original subdivision improvement bonds posted by Lennar Homes are valid and remain in place in their entirety. The bonds may be reduced by 90% upon completion of the entire public improvements. Similarly, Lennar Homes' monumentation bond may be exonerated upon completion of the entire survey monuments. FISCAL IMPACT: None ATTACHMENTS: 1) Securities Report 2) Tract Map No. 32437 Index Map CITY OF TEMECULA ENGINEERING DEPARTMENT SECURITIES REPORT TRACT MAP NO. 32437 DATE: August 10, 2010 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 128,500.00 $ 64,250.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 747.50 - TUCT MAP 32437 MIT 1 OF I ,�.✓lu,:, re�a� � ,�. .alp �� , VICIN11Y MAP NO Rm ITY 13 64 14 4 _ VgPAeF ® 6 ''' ® - 1912 m� ®O 23 10 gy® , m®®' a® , v o_ - - _m m 5o© © omvv 0-11 1p o©®4 ' 4 A To LANE iz ®®© _ 4m.,mm 4 4 Item No. I I 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: August 10, 2010 SUBJECT: Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation of Rancho California Road, Project No. PW06-14 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Pavement Rehabilitation of Rancho California Road, Project No. PW06-14, as complete; 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; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On March 24, 2009, the City Council awarded a construction contract to All American Asphalt in the amount of $3,666,004.25 to complete the Pavement Rehabilitation of Rancho California Road, Project No. PW06-14. The work for the Pavement Rehabilitation included removal of the existing base and asphalt concrete paving, installation of geogrid (soil reinforcing material) and base, construction of an asphalt concrete base course and rubberized asphalt concrete overlay, raising of various facilities to grade, modifications to existing concrete access ramps, installation of traffic signal loops, installation of traffic striping, pavement markers and legends, traffic control and miscellaneous appurtenant work. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from January 12, 2010, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Pavement Rehabilitation of Rancho California Road, Project No. PW06-14 is funded by Measure A and Surface Transportation Program (STPL) funds. The amount of the construction contract was $3,666,004.25. Actual quantities for several items of work varied from estimated amounts, resulting in a savings of $308,749.09. The final construction contract amount, including all quantity imbalances, is $3,357,255.16. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 10 11011111111111 INl mel SKd01111 krd2 1111111 =6 111111110110 1 NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, P.O. Box 2229, Corona, CA 92878 to perform the following work of improvement: PAVEMENT REHABILITATION OF RANCHO CALIFORNIA ROAD PROJECT NO. PW06-14 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on August 10, 2010. That upon said contract the Surety was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Rancho California Road between Ynez Road and Butterfield Stage Road 6. The location of said property is: Rancho California Road between Ynez Road and Butterfield Stage Road Dated at Temecula, California, this 10th day of August, 2010. City of Temecula Susan W. Jones MMC, City Clerk CAProgram PlesW eevia. Com0ocument ConverterPempA975845. door STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10th day of August, 2010. City of Temecula Susan W. Jones MMC, City Clerk CAProgram PlesW eevia. Com0ocument ConverterPempA975845. door CITY OF TEMECUI-1, PUBLIC WORKS DEPARTMEMf CONTRACTOR'S AFFIDAVIT AND FINAL RELE S PROJECT NO. PWO6-14 PAVEMENT REHABILITATION OF RANCHO CALIFORNMA ROAD FEDERAL PROJECT NO. STM -540 019) This is to cenify that AT.t. Ara ULAN ASZuAr (hereinafter the "COIV`"RACTOR') declares t0 the City of Temecula, under oath, that he/sherd has paid in full for all matirials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTF'ACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or it contribution to the execution of it's contract with the City of Temecula, with regard to ttte building, erection, construction, or repair of that certain work of Improvement known as PR04ECT NO. PIN06-84, PAVEMENT REHABILITATION OF RANCHO CALIFORNIA ROAD STFL. 5459 (019), situated in the City of Temecula, State of California, more particularly described as ,lo lows: PAVEMENT REt3A& LTTa 0 FRANCHO ATTR R *IA RnAn FEJp 1,�Rnl !1 STnT54s_a—�"9) INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HE Rte The CONTRACTOR declares that it knows of no unpaid debts or cfAmt arising out of said Contract which would constitute grounds for any third party to claim a Stop Votice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the (:f INTRACTOR hereby disputes the following amounts: Description Dollar Amount to DI•pute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and -a-.ch of them, trona any and all claims, debts, demands, or cause of action which exist or might exist In favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. The following subs are owed retention only: There are no ,,isputed amounts MSL $ 9,178.55 PATTERNED CONCRETE $849.53 KENNEDY 9,197.10 Dated: 7/27110 BY: „".Z<uG Signature S rley R. Credit Manaee RELEASE R -t p iA4i8sp=W Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 10, 2010 SUBJECT: Award of a Construction Contract for the Citywide Slurry Seal Project FY2009- 10, Temeku Hills and a Portion of Chardonnay Hills, Project No. PW10-01 PREPARED BY: Amer Attar, Principal Engineer - CIP Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: Award the construction contract for Project No. PW10-01, Citywide Slurry Seal Project FY2009-10, Temeku Hills and a Portion of Chardonnay Hills, to American Asphalt South, Inc. in the amount of $248,331.68. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,833.17 which is equal to 10% of the contract amount. 3. Make a finding that the Citywide Slurry Seal Project FY 2009-10 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Citywide Slurry Seal Project FY2009-10, is an annual project that will utilize either Rubberized Emulsion Aggregate Slurry (REAS), Tire Rubber Modified Slurry Seal (TRMSS) or Rubber Polymer Modified Slurry (RPMS) to seal the roadways in the project area against water intrusion and help protect the asphalt concrete pavement wearing surface. Ideally, slurry seal is applied every five to seven years to prolong pavement life and delay more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and sealing the existing cracks on the roadway surface, applying the SLURRY, and restoring pavement delineation. On May 11, 2010, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On July 26, 2010, five (5) bids were opened and publicly read aloud. The results were as follows: 1. American Asphalt South, Inc. $ 248,331.68 2. Roy Allan Slurry Seal, Inc. $ 271,076.45 3. Pavement Coatings Company $ 272,549.46 Doug Martin Contracting Co. Inc. $ 291,445.21 Valley Slurry Seal Company $ 307,415.67 Staff has reviewed the bids and found American Asphalt South, Inc. to be the lowest responsible bidder. American Asphalt South, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Citywide Slurry Seal Project FY 2009-10 Project consists of removing existing striping, crack sealing and slurring existing streets within the City limits, therefore there is no new disturbed areas subject to MSHCP fees, and thus this project is exempt. The Engineer's Estimate for the work is $469,523.00. The specifications allows for a work schedule of 35 working days. FISCAL IMPACT: The Citywide Slurry Seal Project FY2009-10 is funded with the FY2010/11 Public Works Department Maintenance Division Budget for Routine Street Maintenance, with Measure A revenues. Adequate funds are available in the Routine Street Maintenance account, to cover the requested budget of $273,164.85, which includes the $248,331.68 contract plus the 10% contingency of $24,833.17. F-AIreCd:hrtl=1ki11&'? 1. Slurry Seal List (2 pages) 2. Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW10-01 CITYWIDE SLURRY SEAL PROJECT FY 2009-2010 THIS CONTRACT, made and entered into the 10`h day of August, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and American Asphalt South, Inc. a corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW10-01, CITYWIDE SLURRY SEAL PROJECT FY 2009-2010, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW10-01, CITYWIDE SLURRY SEAL PROJECT FY 2009-2010. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW10-01, CITYWIDE SLURRY SEAL PROJECT FY 2009-2010. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW10-01, CITYWIDE SLURRY SEAL PROJECT FY 2009-2010 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED FOURTY EIGHT THOUSAND THREE HUNDRED THIRTY ONE DOLLARS and SIXTY EIGHT CENTS ($248,331.68), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty -Five (35) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://wvvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR American Asphalt South, Inc., a corporation 14436 Santa Ana Avenue Fontana, Ca. 92337 (909) 427-8276 a Jeff Pettey, Vice President 0 Lyle Stone, Secretary (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney SLURRY SEAL STREET AREAS FY 2009-2010 (MARCH 23,2010) AREA STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH CLASSIFICATION BERKSHIRE LN 255.70 10,228.40 0.04 40 LOCAL COG HILL DR 249.84 9,993.60 0.04 40 LOCAL CONGRESSIONAL DR 2,210.16 88,407.60 0.38 40 LOCAL CROOKED STICK DR 710.73 28,429.20 0.13 40 LOCAL ESSEX CT 303.79 12,152.00 0.05 40 LOCAL FIRESTONE ST 852.73 34,109.60 0.15 40 LOCAL GLENEAGLES DR 1,087.88 43,516.00 0.19 40 LOCAL MEADOW BROOK WY 269.37 10,775.20 0.05 40 LOCAL OAK HILL DR 870.11 34,804.40 0.16 40 LOCAL OTTER CREEK CIR 188.12 7,524.80 0.03 40 LOCAL PINE TREE CIR 1,206.98 48,280.00 0.21 40 LOCAL ROYAL DORNOCH CT 299.81 11,992.40 0.05 40 LOCAL SEA ISLAND CT 251.29 10,051.60 0.04 40 LOCAL SEMINOLE ST 913.00 36,520.80 0.16 40 LOCAL SPYGLASS HILL LN 538.04 21,521.60 0.10 40 LOCAL SUNNINGDALE DR 1,770.67 70,827.60 0.33 40 LOCAL TEMEKU DR 4,822.81 192,913.60 0.87 40 LOCAL WINGED FOOT ST 358.31 14,332.40 0.06 40 LOCAL CANTERBURY CT 718.20 28,728.00 0.12 40 LOCAL FLAG WY 179.51 7,180.80 0.03 40 LOCAL INVERNESS CT 638.79 25,552.00 0.11 40 LOCAL LAUREL VALLEY CIR 361.40 14,456.00 0.06 40 LOCAL AREA A TOTAL 19,057.24 762,297.60 3.36 BUNKERS WY 638.95 25,558.00 0.12 40 LOCAL CASCADES CT 544.09 21,764.40 0.10 40 LOCAL COLONIAL CT 548.20 21,928.80 0.10 40 LOCAL DELMONTE ST 1,435.92 57,437.60 0.25 40 LOCAL DUNES CT 467.20 18,688.00 0.08 40 LOCAL PACIFIC GROVE WY 1,095.12 43,805.60 0.20 40 LOCAL PAR WAY 142.03 5,681.60 0.02 40 LOCAL PIN WAY 117.02 4,680.80 0.02 40 LOCAL PINE NEEDLE ST 497.85 19,914.00 0.09 40 LOCAL ROYAL BIRKDALE DR 1,911.80 76,473.20 0.35 40 LOCAL SANDHILL LN 1,847.42 73,897.60 0.33 40 LOCAL SOMERSET HILLS 321.83 12,873.60 0.05 40 LOCAL AREA B TOTAL 9,567.43 382,703.20 1.71 AREAS A, B TOTAL 28,624.67 1,145,000.80 5.07 SLURRY SEAL 2009/2010 CHARDONNAY HILLS (APRIL 5, 2010) GENERAL PLAN STREET LENGTH PAVING AREA MILES WIDTH CLASSIFICATION CERCLE BEAUREGARD 889.73 35,589.20 0.16 40 LOCAL CERCLE CHAMBERTIN 752.59 30,103.60 0.13 40 LOCAL CERCLE LATOUR 654.03 26,161.20 0.12 40 LOCAL CHEMIN CLINET 521.44 20,857.60 0.09 40 LOCAL CHEMIN COUTET 948.69 37,947.60 0.17 40 LOCAL CHEMIN LA TACHE 312.07 12,482.80 0.05 40 LOCAL CHEMIN LAURENT 495.75 19,830.00 0.09 40 LOCAL CHEMIN MARGAUX 230.42 9,216.80 0.04 40 LOCAL COUR BEAUNE 556.36 22,254.40 0.10 40 LOCAL COUR MAGDELAINE 190.41 7,616.40 0.03 40 LOCAL COUR MEYNEY 524.07 20,962.80 0.09 40 LOCAL COUR POMEROL 443.35 17,734.00 0.08 40 LOCAL PLACER BELAIR 1,240.51 49,620.40 0.22 40 LOCAL PLACER CONDRIEU 263.70 10,548.00 0.04 40 LOCAL PLACER LAFITE 1,120.61 44,824.40 0.20 40 LOCAL PROMENADE CHARDONNAY HILLS 4,533.89 199,491.16 0.79 44 COLLECTOR RUE JADOT 1,883.91 75.356.40 0.33 40 LOCAL TOTAL 15,561.53 640,596.76 2.73 Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 10, 2010 SUBJECT: Award of a Construction Contract to Steiny and Company, Inc. for Closed Circuit Television (CCTV) Installation on Temecula Parkway; Project No. PW 07-07 PREPARED BY: Amer Attar, Principal Engineer - CIP Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: Award the construction contract for Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW 07-07, to Steiny and Company, Inc. in the amount of $102,208.00, which includes the base bid of $79,775.00 and Additive Bid No. 1 in the amount of $22,433.00. 2. Authorize the City Manger to approve change orders not to exceed the contingency amount of $20,441.60, which is equal to 20% of the contract amount. 3. Make a finding that the Closed Circuit Television (CCTV) Installation on Temecula Parkway Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: This project will install fiber-optic cable in existing conduits on Temecula Parkway between Butterfield Stage Road and Pechanga Parkway. It will also install closed circuit television cameras at four intersections along Temecula Parkway to monitor traffic flow and give the City the ability to remotely adjust traffic signal timing. The four intersections are Kevin's Place, Margarita Road, Meadows Parkway and Butterfield Stage Road. On April 27, 2010 the City Council approved the Plans and Specifications for the Project and authorized the Department of Public Works to solicit construction bids. The Plans and Specifications included one additive bid. On Tuesday July 20, 2010 eight (8) bids were received and publicly read aloud. Based on the base bids, the results were as follows: 1. Steiny and Company, Inc. $ 79,775.00 2. Christopher R. Morales, Inc. $ 87,900.00 3. Republic ITS $ 93,280.00 4. HP Communications, Inc. $ 108,340.00 5. PTM General Engineering Services, Inc. $ 111,906.00 6. Spliceworks, Inc. $ 114,750.00 7. DBX, Inc. $ 118,094.00 8. HMS Construction, Inc. $ 136,400.00 Staff has reviewed the bids and found Steiny and Company, Inc. to be the lowest responsible bidder. Steiny and Company, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Staff has determined the need to proceed with Additive Bid No. 1, which includes furnishing and installing Closed Circuit Television (CCTV) camera equipment at Meadows Parkway and Temecula Parkway, Type 3 PVC conduit, pull boxes, and communication equipment necessary to operate the CCTV camera assembly. Steiny and Company, Inc. submitted a bid amount of $22,433.00 for Additive Bid No. 1. Since the project will install fiber optic cable in existing conduit on Temecula Parkway, Staff is recommending approval of a twenty (20%) contingencyto cover potential costs to repair or replace damaged conduit facilities. The existing conduit was installed in 1999, when Temecula Parkway was under the jurisdiction of Caltrans. The specifications allow for duration of thirty (30) working days to construct the project. The Engineer's estimate was $150,000.00. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Closed Circuit Television (CCTV) Installation on Temecula Parkway Project consists of adding cables and equipment to existing conduit and traffic signal facilities, thus the project is exempt as there is no new disturbed area. FISCAL IMPACT: The Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW07-07 is identified in the City's Capital Improvement Program, Fiscal Years 2011- 2015. This project is funded by Senate Bill 621. Adequate funds are available in the project accounts for this $122,649.60 request, which includes the contract amount of $102,208.00 plus a 20% contingency of $20,441.60. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY THIS CONTRACT, made and entered into the 10`h day of August, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Steiny and Company, Inc. a corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY 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. 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. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED TWO THOUSAND TWO HUNDRED EIGHT DOLLARS and NO CENTS ($ 102,208.00), the total amount of the base bid plus additive bid 1. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 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. &7G%74LTA IA010 re�Rn�ala[-In�aI-71.1lPfd:l=1all] 4= Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. 1-�11L 1119:9[7[d=1-1U1lPfd:1=1Bill 4 Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://vwvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 Temecula. CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Steiny and Company, Inc., a corporation 12907 E. Garvey Avenue Baldwin Park, Ca. 91706 (626) 338-9923 0 Vincent Mauch, CFO an Gayle Kappelman, Secretary (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY Circulation Project Project Description: Design and install fibre optic cable in existing conduit on Temecula Parkway from Old Town Front Street to Butterfield Stage Road. Funding allows for the installation of infrastructure and CCTV cameras at major intersections in Temecula Parkway and Pechanga Parkway. Benefit: Provides monitoring of highway and intersection operations at several key locations in the southern portion of the City. Project Status: The final plans and specifications for this project are near completion, and the bidding and awarding of a contract is expected by end of fiscal year 2009/10. Department: Public Work—Account No. 210.165.635 Priority: Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $232,573 $ 20,000 $ 20,000 Construction $232,573 $102,951 1 $ $ $ $ $ $ 335,524 Design $ 60,000 $ 60,000 Totals $232,573 $182,951 $ - $ - $ - $ - $ - $ 415,524 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Sentate Bill 621 $232,573 $182,951 $ 415,524 Total Funding: $232,573 $182,951 1 $ $ $ $ $ $ 415,524 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 5,000 1 $ 5,000 1 $ 5,000 1 $ 5,000 1 $ 5,000 51 CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY Circulation Project Location A VERDE Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 10, 2010 SUBJECT: Purchase and Installation Agreement for Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase 11, Project No. PW10-06 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council Approve the Purchase and Installation Agreement with McCain, Inc., in the amount of $795,984; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $79,598, which is equal to 10% of the contract amount. 3. Make a finding that the Citywide Adaptive Traffic Signal Synchronization System, Phase 1 and Phase 2, Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: Recently, the City was successful in obtaining grant funding through the State of California's Proposition 1 B, Traffic Light Synchronization Program (TLSP) and the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) program to improve the safety and efficiency of the transportation system and reduce congestion, energy and fuel consumption. The TLSP and EECBG both provide funding for the implementation of an Adaptive Traffic Signal Synchronization System on Winchester Road, Rancho California Road, Temecula Parkway, Margarita Road, Jefferson Avenue, Ynez Road, and Pechanga Parkway. The proposed project includes purchase and installation of traffic signal hardware and software to support the adaptive system, data collection, development and implementation of traffic signal timing plans, evaluation of system performance, staff training and technical support. The TLSP grant funding is approximately $515,000 with a City match of $103,000. The EECBG funding is approximately $250,000 with a City match of $58,265. The total project allocation including the City's match is $926,265. During the grant application process, Staff had an opportunity to receive presentations from various adaptive system vendors. The majority of systems presented could not be integrated with the City's existing QuicNet traffic signal operations system and would require the replacement of traffic signal control equipment and operating system or the installation of a separate traffic signal operations system to manage the adaptive system. Both of these alternatives were considered to be cost prohibitive. In an effort to maintain system continuity, the City decided to standardize its traffic signal control and operations system by purchasing proprietary equipment from one vendor. For the past several years, McCain, Inc. has been the City's primary provider of new and replacement traffic signal hardware and software components. McCain, Inc. has consistently been the sole supplier of traffic signal equipment for contractors that do work in the city through the competitive bid process Moreover, McCain, Inc. is the only Southern California supplier, distributor and technical supporter of the traffic signal control system currently used by the City.. Since McCain, Inc. is the City's sole source supplier of traffic signal hardware and software components, they were asked to provide a proposal for a "turn -key" adaptive traffic signal synchronization system. McCain, Inc. has developed a proprietary traffic adaptive strategy that uniquely builds on the City's existing QuicNet communication infrastructure by utilizing the existing traffic control equipment and upgrading the system's software. More importantly, McCain, Inc.'s adaptive system software has been successfully used in other regions to integrate Caltrans intersections. The integration of Caltrans intersection on Winchester Road, Rancho California Road, and Temecula Parkway is the key to the success of this project. Because the project involves different funding sources, McCain, Inc. proposes to implement the project in two (2) concurrent phases to maintain accountability between the two (2) funding sources. Phase 1 will be performed under EECBG funding guidelines and Phase 2 will be performed under TLSP funding guidelines. The expected completion date for both phases of the adaptive traffic signal synchronization system project is March 31, 2011. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Citywide Adaptive Traffic Signal Synchronization System consists of the purchase and installation of traffic signal hardware and software to support the adaptive system, data collection, development and implementation of traffic signal timing plans, evaluation of system performance, staff training and technical support. Therefore, this project is exempt under the guidelines of the RCA's Fee Remittance and Collection Policy.. FISCAL IMPACT: The Citywide Adaptive Traffic Signal Synchronization System project is included in the Capital Improvement Program FY2010-2014. Adequate funds are available for this $875,582 request, which includes the base contract price of $795,984 plus the $79,598 contingency, in Public Works Account Nos. 210-165-501 (Phase 2) and 210-165-503 (Phase 1). ATTACHMENTS: 1. Purchase and Installation Agreement 2. Project Location and Description (Phase 1) 3. Project Location and Description (Phase 2) PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND McCAIN, INC. CITYWIDE ADAPTIVE TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM PHASE I AND PHASE II THIS AGREEMENT is made and effective as of August 10, 2010 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and McCain, Inc. a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on August 10, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011 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 June 30, 2012. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the Citywide Adaptive Traffic Signal Synchronization System which includes purchase and installation of traffic signal hardware and software to support the adaptive system, data collection, development and implementation of traffic signal timing plans, evaluation of system performance, staff training and technical support. as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment'). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Seven Hundred Ninety Five Thousand Nine Hundred Eighty Four Dollars ($795,984). The Purchase Price is final and shall be paid by City to Contractor in accordance with the following schedule: Phase 1 Total Project Costs - $225,960 Phase 2 Total Project Costs - $570,024 The City 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. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. 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. 6. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as Citywide Adaptive Traffic Signal Synchronization System to improve the efficiency of the transportation system, reduce congestion, delays, and energy and fuel consumption along Winchester Road, Rancho California Road, Temecula Parkway, Margarita Road, Jefferson Avenue, Ynez Road, and Pechanga Parkway, and that City is E relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 8. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. TIME OF DELIVERY The date and time of delivery of the Equipment shall be no later than March 31, 2011. 10. PLACE OF DELIVERY The Equipment shall be delivered to this location: City Hall, 41000 Main Street, Temecula, California 92590 11. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 12. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 13. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 15. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 16. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection 0 with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. A sample Certificate of Liability Insurance is attached as Exhibit B. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 4YR818I81r M f E:LY.7I:I: 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 5 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 17. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 21. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 22. 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: City Manager P.O. Box 9033 Temecula. CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 7 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula. CA 92590 To Consultant: McCain, Inc Attn: Steve Brown 2365 Oak Ridge Way Vista, CA 92081 Ph: (760) 734-5000 23. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 24. 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. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA McCain, Inc. (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Christine Jersey, Corporate Secretary ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: Scott Tolstad, General Counsel CONTRACTOR McCain, Inc. 2365 Oak Ridge Way Vista, CA 92081 Ph: (760) 734-5000 Fax: (760) 727-8184 Attn: Steve Brown E FSM Initials: Date: EXHIBIT A DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK lmhofccaih Proposal for an Adaptive Traffic Control System City of Tamaimla Phase I Pricing This Proposal Contains Proprietary and Confidential information of McCain, Inc 10 50 c1� �a� Proposal for an Adaptive Traffic Control System aM— City of Temecula Phase 1 Total Projoct Costs u ' MTV tMIL 1 1 Lum Traffic Adaptive Components 2 1 Lum En ineerin Services =$285.000 31 Lum FieldWork $28 395.00 M This Proposal Contains Proprietary and Confidential Information of McCain, Inc 11 N: ��ain Proposal for an Adaptive Traffic Control System City of Temecula Phase 2 Pricing 61. This Proposal Contains Proprietary and Confidential information of McCain, Inc 12 Mk/V'N ai yy ." Proposal for an AdapFive Traffic Control System �.�it■ City of Temecula Phase 2 Total Project Costs 1 1 Lum Traffic Adaptive Com onents ago $246,900,00 1194 10-4 $246,900.00 2 1 Lum Engineering Services $119,940.00 $119940.00 3 1 Lum Communications Services $99,900.00 $99,900.00 4 1 Lum Rancho California Road Fiber Installation and Splicing $10328400 $10328400 i This Proposal Contains Proprietary and Confidential information of McCain, Inc 76 13 EXHIBIT "C" SAMPLE CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 07/01110 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Insurance Broker THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1234 Main St COVERAGE AFFORDED BY THE POLICES BELOW. Any Town, CA 91234 INSURERS AFFORDING COVERAGE I NAIC # City Contractor INSURER C:: Insurance Carrier 67890 4321 State St. INSURER D: insurance Carrier 19876 Our Town, CA 94321 1 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THI TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSURD TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS 123456789 07/01MO 06/30/11 EACH OCCURRENCE $1,000,000 GENERAL LIABILITY ®COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES EA OCCURRENCE A X ❑❑CLAIMS MADE ®OCCUR El MED EXP (ANY ONE PERSON) $ B ADV INJURY $ GENERAL AGGREGATE 52,000,000 13 PRODUCTS PRODUCTS-COMP/OP AGG S GEN'L AGGREGATE LIMIT APPLIES PER: ❑POLICY E PROJECT ❑LOG AUTOMOBILE LIABILITY 967654321 07/01/10 06/30/11 LIMIT COMBINEDSINGLE LIMIT ACCIDENT) $1,000,000 ®ANY AUTO FULL OWNED AUTOS --- BODILY INJURY PEf IB �( ❑SCHEDULED AUTOS EHIRED AUTOS Q(PER BODILY INJURINJUR Y (PER ACCIDENT) $ ENON-OWNED AUTOS ❑ PROPERTY DAMAGE (PER ACCIDENT) $ GARAGE LIABILITY( _ AUTO ONLY -EA ACCIDENT $ []ANY AUTO-/V�/ F1 OTHER THAN EA ACC $ AUTO ONLY AGG S EACH OCCURRENCE $ EXCESS/UMBRELLA LIABILITY AGGREGATE $ ❑ OCCUR [-]CLAIMS MADE ❑DEDUCTIBLE $ ❑RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY 65DEF4321 07/01/10 06/30/11X WC STA TU_OTH TORYLIMITS ER E.L. EACH. ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE `+ OFFICER/MEMBER EXCLUDED?E.L. H yes, tle be un er SPECIAL PROVISIONS We ASE-EAEMPLOYEE S DISESE E. L. DISEA-POLICY LIMIT f D OTHER Professional Liability 543216789 07/01/10 Pwn.—Ns 06/30111 Per Claim 51,000,000 A re ate $1,000,000 The City of Temecula, Redevelopment Agency of the City of Temecula, and Temecula Community Services. District, their officers,: officials, employee: and volunteers are named Additional Insured on General and Auto Policies. CERTIFICATE HOLDER CANCELLATION City of Temecula Attn: Finance Department PO Box 9033 Temecula, CA 92589-9033 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES -9— Notes: — Notes: General/Auto Liability: If contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy is acceptable. Workers' Compensation: If contractor has no employees, contractor shall execute a declaration that it has no employees. 14 CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM - PHASE I Circulation Project Location 46 K+ \ EQUITY pR W� .I�p NORTE �� '�JY SNA STT �y NO DR O �P J SOLANA YyY \t, NNpG ° � \ p1 ESTO Rp 90 p�R�v RD � 9P R NGHOGAy�fO�N L— 1 G.Z•p P �GNG VISTRD RG s RD QPJgP Y A` '\O�� SPNTIAGp Rp PT,9� ST Y O v PO QXY fFOU \ q \ \ JpJ'�yqo REOH p`N�pKY 44 y � 46 CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM— PHASEI Circulation Project Project Description: Purchase, install, and implement an adaptive traffic signal synchronization system along designated segments of Winchester Road, Rancho California Road, Temecula Parkway, and Jefferson Avenue to continually analyze and evaluate traffic data and select the most appropriate traffic signal timing for the condition. Benefit: Project will improve traffic safety, operations, and capacity by minimizing traffic delays and reducing congestion. In addition, the project will reduce fossil fuel consumption and emission. Project Status: Project is estimated to start in fiscal year 2010 upon receipt of the funds from the energy fund grant. Department: Public Works—Account No. 210.165.503 Priority: Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration Construction $ 25,000 $283,265 $ 25,000 $ 283,265 Totals $ - $308,265 $ - $ $ - $ $ - $ 308,265 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost DIF (Traffic Signal) EECBG $ 58,265 $250,000 $ 58,265 $ 250,000 Total Funding: $ $308,265 $ $ 1 $ 1 $ $ 1 $ 308,265 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 1,000 1 $ 1,000 1 $ 1,000 1 $ 1,000 1 $ 1,000 47 1.1 CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM— PHASE II Circulation Project Location 48 by q9 REON CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM— PHASE II Circulation Project Project Description: Purchase, install, and implement an adaptive traffic signal synchronization system along designated segments of Margarita Road, Ynez Road, Redhawk Parkway, and Pechanga Parkway to continually analyze and evaluate traffic data and select the most appropriate traffic signal timing for the condition. Benefit: Project will improve traffic safety, operations, and capacity by minimizing traffic delays and reducing congestion. In addition, the project will reduce fossil fuel consumption and emission. Project Status: Project is estimated to start in fiscal year 2010 upon receipt of the Proposition 1 B (TLSP) funding. Department: Public Works—Account No. 210.165.501 Priority: Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration Construction $ 25,000 $593,000 $ 25,000 $ 593,000 Totals $ $618,000 $ $ 1 $ 1 $ 1 $ 1 $ 618,000 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost DIF (Traffic Signals) $103,000 $ 103,000 Proposition 1B (TLSP) $515,000 $ 515,000 Total Funding: $ $618,000 $ $ 1 $ 1 $ 1 $ 1 $ 618,000 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 1,000 1 $ 1,000 1 $ 1,000 1 $ 1,000 1 $ 1,000 49 Item No. 15 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: August 10, 2010 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Approve the Plans and Specifications for the Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07; 2. Authorize the Department of Public Works to solicit construction bids for the Project. BACKGROUND: The Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07, is identified to be installed in fiscal year 2010-11 in the City's Capital Improvement Program. As part of the traffic signal installation a fiber optic cable will be installed for communication with the traffic signal at Rancho California Road and Margarita Road. Installation of traffic signals will improve safety and circulation. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $258,000.00. FISCAL IMPACT: The Traffic Signal Installation on Rancho California Road at Yukon Road/Asteroid Way, Project No. PW09-07, is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015, and funded with Development Impact Fees — Traffic Signal. Adequate funds are available for the project. ATTACHMENTS: 1. Project Description 2. Project Location TRAFFIC SIGNAL INSTALLATION—CITYWIDE Circulation Project Cost to Signal Location Complete Year Funding Source Meadows Parkway at Pauba $ 217,000 2010-11 De\,eloper Contribution $ 25,500 2010-11 DIF (Traffic) Rancho California Road at Yukon $ 270,000 2010-11 DIF (Traffic) Meadows Parkway at De Portola $ 242,500 2011-12 De\,eloper Contribution Meadows Parkway at Campanula Way $ 242,500 2011-12 De\,eloper Contribution Rancho California Road at Promenade Chardonnay $ 242,500 2011-12 DIF (Traffic) Vail Ranch Parkway at Tehachapi Pass $ 242,500 2012-13 DIF (Traffic) Rancho California Road at Tee Drive $ 275,000 2012-13 DIF (Traffic) Rancho California Road at Avenida de la Reina $ 249,500 2013-14 DIF (Traffic) $ 25,500 2013-14 Unspecified Butterfield Stage Road at Rancho Vista Road $ 242,500 2013-14 Unspecified Meadows Parkway at Leena Way $ 242,500 2014-15 Unspecified De Portola Road at Campanula Way $ 250,000 2014-15 Unspecified Fiscal Year 2010-11 Fiscal Year 2011-12 Fiscal Year 2012-13 Fiscal Year 2013-14 Fiscal Year 2014-15 TOTAL $ 512,500 $ 727,500 $ 517,500 $ 517,500 $ 492,500 $ 2,767,500 $ 2,767,500 80 TRAFFIC SIGNAL INSTALLATION -CITYWIDE Circulation Project Project Description: Project will include the design, construction, and installation of traffic signals at various locations throughout the City including, traffic upgrades on Winchester Road and Temecula Parkway, and Redhawk annexation area. Benefit: Project will improve traffic safety and circulation throughout the City. Project Status: The design of the traffic signals scheduled for the first year of funding is nearly complete. Construction will follow. The traffic signals scheduled to be installed at other intersections will be designed and constructed on the scheduled fiscal year. Department: Public Works Priority: Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $ 2,339 $ 57,661 $ 100,000 $ 100,000 $ 75,000 $ 50,000 $ 415,000 Construction $392,500 $ 557,500 $ 347,500 $412,500 $372,500 $ 2,052,500 Design $ 1,990 $ 55,010 $ 70,000 $ 70,000 $ 30,000 $ 40,000 $ 270,000 Totals $ 4,329 $505,171 $ 727,500 $ 517,500 $517,500 $492,500 $ - $ 2,767,500 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Proiect Cost DIF (Traffic Signals) $ 4,329 $291,171 $ 242,500 $ 517,500 $249,500 $ 1,305,000 Reimbursement/Other (Developer Contribution) $217,000 $ 455,000 $ 702,000 Unspecified* $265,000 $492,500 $ 760,500 Total Funding: $ 4,329 $505,171 $ 727,500 $ 517,500 $517,500 $492,500 $ - $ 2,767,500 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 2,000 1 $ 5,000 1 $ 6,000 *Project cannot be constructed until a funding source is identified. 131 PROJECT LOCATION Item No. 16 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: August 10, 2010 SUBJECT: Amend the construction contingency for the Old Town Infrastructure (Town Square and Mercedes & Main Street Improvements); Project No. PW 06-07 PREPARED BY: Amer Attar, Principal Engineer - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council amend the construction contingency of the contract with LH Engineering Company for the Old Town Infrastructure Project (Town Square and Mercedes & Main Street Improvements) by $165,000 and adjust the City Manager's administrative approval authority accordingly. BACKGROUND: On March 18, 2008, the City Council awarded a construction contract for the subject project to LH Engineering Company, Inc. in the amount of $3,458,495.00 and authorized the City Manager the authority to approve change orders up to 10% of the contract or $345,849.50. Since award of the project the majority of the project has as been satisfactorily completed excepting the completion of hardscape and a final asphalt concrete paving cap within area being impacted by construction of the new Civic Center, which has been purposely suspended to correspond with completion of the Civic Center. During construction of this project a number of desired improvements were added (e.g., redesigned fountain, lighted monument wall, performance power capabilities, four light standards, and expanded paving improvements) and a number of significant unforeseen items were addressed (e.g., sewer relocation work on Fifth Street, and water system modifications). It was anticipated that the remobilization and completion of the remaining work for this project would require additional funding; therefore supplemental funding was programmed toward the project during FY2011-2015 CIP budget process. While the full extent of change order costs is not precisely known, the remaining construction items will exceed the previously authorized contingency balance. This amendment will minimize delays in completing the subject project by authorizing the City Manager to approve change orders by an additional $165,000 above the previously authorized amount of $345,849.50 for a total authorization of $510,849.50. FISCAL IMPACT: The Old Town Infrastructure Project (Town Square and Street Improvements), Project No. PW06-07 is identified in the City's Capital Improvement Program, Fiscal Years 2011- 2015. This project is funded by Redevelopment Agency Bond Proceeds and reimbursements from EWMD and RCWD. Adequate funds are available in the project accounts for this $165,000.00 increase in contingency authorization. ATTACHMENTS: 1. Project Location 2. Project Description OLD TOWN INFRASTRUCTURE PROJECTS— MERCEDES STREET, MAIN STREET, AND THE TOWN SQUARE Redevelopment/ Housing Project Location W111 sr OLD TOWN INFRASTRUCTURE PROJECTS— MERCEDES STREET, MAIN STREET, AND THE TOWN SQUARE Redevelopment/ Housing Project Project Description: Project will continue the Old Town streetscape enhancements along Mercedes Street between Second Street and Fourth Street and realigned Main Street. In addition, the pavement on Mercedes Street between Fourth Street and Sixth Street will be widened to its ultimate width along with rolled curb and gutter. Other enhancements include storm drains, sidewalks, and street lighting. Benefit: Project will continue to promote the revitalization of Old Town. Project Status: Construction of the town square and street improvements on Mercedes Street and Main Street started in March 2008. This project is estimated to be complete by end of fiscal year 2011. Department: Redevelopment—Account No. 210.165.636 Priority: Public Works—Account No. 210-165.643 Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $ 539,167 $ 96,513 $ 635,680 Construction $ 3,633,776 $473,687 $ 4,107,463 Construction $ 59,738 $ 59,738 Engineering $ 102,999 $ 9,073 $ 112,072 Design $ 657,018 $ 20,158 $ 677,176 Totals $4,932,960 1 $599,431 $ $ $ $ $ $5,532,391 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost RDA (Bonds) $4,833,735 $599,431 $5,433,166 Rei mbursements/Other (ENWD) $ 59,738 $ 59,738 Reim bursements/Other (RCWD) $ 39,487 $ 39,487 Total Funding: $4,932,960 $599,431 $ $ $ $ $ $ 5,532,391 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $4,000 $4,000 $4,000 $4,000 $4,000 IN TEMECULA COMMUNITY SERVICES DISTRICT Item No. 17 ACTION MINUTES of JULY 27, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:24 P.M. 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 12 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: 12.1 Approve the action minutes of July 13, 2010. CSD DEPARTMENTAL REPORT 13 Community Services Departmental Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:25 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 10, 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. 18 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: August 10, 2010 SUBJECT: Amend the Construction Contingency for the Redhawk Park Improvements, Project No. PW06-06/CSD08-004 PREPARED BY: Greg Butler, Director of Public Works Avlin Odviar, Senior Engineer — Cl P Kendra Hannah-Meistrell, Associate Engineer —CIP RECOMMENDATION: That the Board of Directors amend the construction contingency of the contract with IAC Engineering, Inc. for the construction of Redhawk Park Improvements by $95,451.39 and adjust the General Manager's administrative approval authority accordingly. BACKGROUND: On October 27, 2009, the Board of Directors awarded a construction contract for Redhawk Park Improvements, Project No. PW06-06 to IAC Engineering, Inc. in the amount of $787,094.92 and authorized the General Manager to approve change orders up to 10% of the contract amount, $78,709.49. Contract change orders are necessary due to the relocation and reorientation of the dog park toward the central portion of the Redhawk Community Park, the modifications to the sewer force main at Redhawk Community Park to comply with the California Plumbing Code and the redesign of the seat wall at Sunset Park to accommodate unsatisfactory soil conditions and grade differentials. While the contract change orders costs are not fully quantified yet, the costs for the additional construction will exceed the contingency balance. This amendment will minimize delays by providing the General Manager the authority to address the necessary increase to the scope of work by an additional $94,451.39 above the previously authorized $78,709.49 for a authorization of $173,160.88. FISCAL IMPACT: The Redhawk Park Improvements, Project No. PW06-06 is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015, and is funded through Donations, developer contributions and County Service Area funds. Adequate funds are available in Account Number 210.190.144.5804 to fund the increase of $94,451.39. ATTACHMENTS: Project Location Project Description REDHAWK PARK IMPROVEMENTS Parks and Recreation Project Project Description: Project will include the design and construction of passive park recreational amenities in four existing park sites within the Redhawk community. Phase I will construct a half -court basketball, picnic tables, restrooms, dog park, and other amenities to improve the quality of the existing park sites. Phase 11 will include tot lot improvements, shade structures, drainage improvements, and accessibility. Benefit: The improvements will help bring four existing park sites in the Redhawk area to City standards. Project Status: The design to add amenities is complete. Construction started and estimated to be complete by end of fiscal year 2011. Department: Temecula Community Services—Account No. 210.190.144 Priority: Project Cost: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Administration $ 53,269 $ 173,139 $ 112,000 $ 338,408 Construction $114,359 $ 871,754 $1,600,000 $ 2,586,113 Construction $342,729 $ 273,921 $ 616,650 Engineering $ 26,443 $ 26,443 Design $180,641 $ 34,530 $ 186,513 $ 401,684 Utilities $ 500 $ 13,000 $1,898,513 $ 13,500 Totals $348,769 1 $1,118,866 1 $ $ $ $ $1,898,513 1 $ 3,366,148 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Donations $ 6,040 $ 6,040 Reimbursements/Other (CSA) $342,729 $ 273,921 $ 616,650 Reimbursements/Other (Woff Creek) $ 844,945 $ 844,945 Unspecified* $1,898,513 $ 1,898,513 Total Funding: 1 $348,769 1 $1,118,866 1 $ $ $ I $ $1,898,513 $ 3,366,148 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 5,000 1 $ 5,000 1 $ 5,000 1 $ 5,000 1 $ 5,000 *Project cannot be constructed until a funding source is identified 149 REDHAWK PARK IMPROVEMENTS Parks and Recreation Project Location v N ?9 SOVTN P N 9,P H�GHW / aTemecula Creek 0 R cq WgNU1A Trail Park O�\90 770R -p E O f'jOR GNB R� 0IA, OI"F Sutii"EN 'SE1'1`E0 R tigp�y Redhawk Community Park sor�f 0 0 /p FEES\P Ny P Gp$tLOS 5PN qOR J� J SPS Sunset Park � E""ePSSyP v RHINE PJ yU Y LqA a U MONTE VERD Q F O P�Pe- Paseo Gallante Park N A � 9P gNGq Rp a 148 REDEVELOPMENT AGENCY Item No. 19 ACTION MINUTES of JULY 27, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:25 P.M. 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 Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the action minutes of July 13, 2010. RDA DEPARTMENTAL REPORT 15 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS 1 RDA ADJOURNMENT At 7:26 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 10, 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: Aaron Adams, Assistant City Manager DATE: August 10, 2010 SUBJECT: Approve Service Agreement for Old Town Temecula Holiday Lights Project PREPARED BY: Gloria Wolnick, Economic Development Specialist II RECOMMENDATION: That the Agency Members approve the service agreement with Southern California Lighting in the amount of $60,000 for the 2010 Old Town Temecula Holiday Lights Project. This project will be paid by the Temecula Redevelopment Agency. BACKGROUND: Last year the holiday lights display in Old Town Temecula was very well received. As a result, staff is recommending continuing this program. The holiday lights display included a five -block area along Old Town Front Street and Main Street which was beautifully decorated with white LED lights and holiday wreaths. The Old Town Merchants Association was and is very supportive with this festive holiday light display as it enhances Old Town's holiday entertainment, shopping and dining experience. Similar to last year's contract, the holiday lights display will include a five -block area along Old Town Front Street and Main Street. White LED lights will be displayed in the trees, light standards, on the archways located on the north and south side of Old Town, Old Town Temecula Community Theater, the Merc, and Pennypickle's Workshop, Temecula Children's Museum. To address potential vandalism on the light standards, the strands of garland with lights will be wrapped higher on the light standards. Changes to last year's contract will include adding white LED lights on the new Civic Center facility. An exhibit displaying the suggested layout of the lights on the Civic Center is included in the agreement. The layout of the lights may be modified based upon access to certain areas of the building. This year the lighting for the trees at the Town Square will be handled by the Temecula Community Service Department and will not be part of this agreement. Also, the "Happy Holidays" sign that was placed at the Town Square last year will not be utilized as there is now a permanent City of Temecula sign in the planter. The City selected Southern California Lighting based on their experience, price, and exceptional performance in executing the 2008 and 2009 holiday lighting and maintenance agreement. The lighting of both arches shall be completed between the hours of 10:00 pm and 6:00 am and will require traffic control measures. The lighting display shall be installed the week of November 1 and fully operational from November 13, 2010 through January 2, 2011. All lighting and materials shall be removed by January 14, 2011. All lights and materials will be provided by Southern California Lighting. The scope of work shall include complete installation, on-going maintenance, and removal of the lighting display at the end of the holiday season. FISCAL IMPACT: The $60,000 will be funded through the Redevelopment Agency FY 2010/11 Operating Budget in the Old Town Implementation Plan Line Item. ATTACHMENTS: Service Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND MATTHEW KRONQUIST DBA SOUTHERN CALIFORNIA LIGHTING 5011Ilk I.0PITI011:IQ4UL\74M0k11RHQ&1l:jIwe\'1 THIS AGREEMENT is made and effective as of August 10, 2010, between the Redevelopment Agency of the City of Temecula , a public body, corporate and politic (hereinafter referred to as "City"), and Matthew Kronquist DBA Southern California Lighting, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on August 10, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 1, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The Agency agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty Thousand Dollars and 00/100 ($60,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the Agency disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts 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 Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS E Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. A sample Certificate of Liability Insurance is attached as Exhibit C. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. 3 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the Agency 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 Agency before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind Agency in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. Agency shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives Agency notice of such court order or subpoena. b. Contractor shall promptly notify Agency should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. Agency retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 111 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand -Deliveries ONLY Redevelopment Agency of the City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589-9033 Redevelopment Agency of the City of Temecula Attn: Executive Director 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-694-6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand -deliveries ONLY: To Contractor: 14. ASSIGNMENT Redevelopment Agency of the City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 Matthew Kronquist DBA Southern California Lighting 28163 Lookout Pointe Lane Menifee, CA 92585 Attn: Matthew Kronquist The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The Agency and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Redevelopment Agency of the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula 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 Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. It IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Mike Naggar, RDA Chairperson ATTEST: By: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: By: Matthew Kronquist DBA Southern California Lighting By: Matthew Kronquist, Sole Proprietor Peter M. Thorson, Agency CONTRACTOR Counsel Southern California Lighting Matthew Kronquist 28163 Lookout Pointe Lane Menifee, CA 92585 (951) 402.2000 7 FSM Initials: Date: EXHIBIT A Tasks to be Performed Contractor shall provide, install, and maintain a holiday lighting display in Old Town Temecula. The Agency's vision is to light up a five block area in Old Town, along Old Town Front Street, Main Street, and the new Civic Center for this holiday season. All lights and materials shall be provided by the Contractor (white LED lights). The scope of work shall include complete installation, on-going maintenance, and removal of the holiday lighting display at the conclusion of the holiday season. The lighting of both arches shall be completed between the hours of 10:00 p.m. and 6:00 a.m. Traffic control measures will be provided by the City of Temecula during installation and removal. Contractor shall coordinate with the Agency on scheduling the light installation and light removal in Old Town. The lighting display shall be installed the week of November 1 and fully operational from November 13, 2010 through January 2, 2011. All lighting and materials shall be removed by January 14, 2011. EXHIBIT B PAYMENT RATES AND SCHEDULE The amount of this agreement shall not exceed $60,000. City shall pay contractor 50% of the contract - Thirty thousand dollars and no cents ($30,000) by August 16, 2010 to receive a 5% early discount. Contractor shall invoice the City 20% of the contract - Twelve thousand dollars and no cents ($12,000) upon completion of the holiday light display installation. The lighting display shall be installed and fully operational by November 13, 2010. Contractor shall invoice the City the final 30% of the contract- Eighteen thousand dollars and no cents ($18,000) upon completion of the removal of the holiday light display which is scheduled for January 14, 2011 (weather permitting). Quote Details 1. Installation (Installed by November 13, 2010.) Weather permitting. 2. Maintenance (All product and decor is covered from normal wear and tear as well as public theft or natural disaster. Southern California Lighting is liable to replace any product which needs to be repaired or replaced.) 3. Maintenance Checks (Weekly maintenance checks will be scheduled to assure lighting displays are working properly throughout the holiday season.) 4. Removal (All product and decor will be removed in a timely manner before January 14, 2011.) Weather permitting. 5. Insurance (Southern California Lighting is fully licensed and insured to meet and surpass the requested requirements of the City of Temecula.) 6. Installation Technique (All aspects of installation will be done in a non invasive manner to preserve the historic value of Old Town Temecula.) Product Terms (Product will be rented to the City of Temecula for the duration of the holiday season. All upkeep, storage, and maintenance will be taken care of by Southern California Lighting.) OLD TOWN TEMECULA HOLIDAY LIGHTING DISPLAY Southern California Lighting's quote contains the following: 1. Installation of all holiday lighting displays outlined in City agreement. 2. Maintenance of all holiday lighting displays, including weekly service checks to verify workability of all holiday lighting and decor elements. 3. Insurance of all holiday lighting and decor. To include repair or replacement of display items that are stolen or damaged by public persons. 4. Removal of holiday lighting display elements on or before the requested date specified. Structures and Trees: 2 Archways (including base and arch): a. 1000 mini lights in a waterfall style display around each stone tower. Design will be installed using non invasive techniques to leave structures with no damage when lighting is installed and removed. 2. 2 trees at North arch, these two trees will be draped with swag style lighting and contain approximately 2000 lights per tree. 3. 2 trees at South arch, these two trees will have base and branches wrapped approximately 20' high with approximately 4 — 6" spacing. 4. 2 trees in front of the MERC building will be draped with swag style lighting and contain approximately 300 lights per tree. 5. 15 trees lining Old Town Front Street, these lights will be installed correctly according to the individual type of tree. Light Standards: 115 light standards approximately 16' tall will include 200 mini lights that will not be stapled or nailed into the pole. The light poles will be wrapped with lit garland. The lit garland will be attached to the pole using a non invasive method to meet the requirements of the City of Temecula. City Facilities: Four city facilities will be outlined with lights: I. Pennypickle's Workshop, Temecula Children's Museum: Roof lines will be outlined with larger bulb C7 LED lights to create a perfect line with sharp distinct features. Railings and porch will be outlined with mini LED lights. Two sides of the building will be covered. 2. MERC: Roof lines and porch will be outlined with larger bulb C7 LED lights to create a perfect line with sharp distinct features. Porch posts will be candy cane wrapped with mini LED lights. 3. Old Town Temecula Community Theater: a. All rooflines excluding the upper most perimeters will be extenuated with C7 LED lights. b. All railings on three sides of buildings will be covered in mini LED lights. These lights will be under hand rails in order for hand rails to function property while lights are in service. c. Two 80" lit wreaths will be placed on the Theater,, both located on the south side. d. LED lights will line the overhang above the walkway running parallel to the MERC building while mini LED lights will spiral down the support poles. 4. Civic Center: a. All rooflines on the east and west sides of the civic center will be lined with C7 LED lights. b. Gutters will have lights attached with specialty clips in order to be noninvasive. c. Stucco areas will have lights attached where applicable with flashing clips. d. Reference renderings for specific lighting locations. (all eves that are accessible and visible will be outlined in lights on the stated sides. All aspects of the lighting display will be incorporated to a photocell timing system to allow the lights to turn off at the requested time in order to deter from vandalism. Southern California Lighting Lighting up the holiday's one house at a time. Phone 951-402-2000 Fax 951-402-2000 support@socalxmas.com TO City of Temecula Old Town Temecula Lighting Display 951-694-6480 Quote INVOICE # 3110 DATE: JULY 29, 2010 Southern California Lighting is Licensed and Insured Southern California Lighting 28163 Lookout point. Suite 1 Menifee, CA 92585 SALESPERSON JOB PAYMENT TERMS DUE DATE Mathew Kronquist Holiday Light Installation Due 30 days upon receipt $9200.00 QTY DESCRIPTION UNIT PRICE LINE TOTAL 115 Light Standards with spiral wrap garland $80.00 $9200.00 1 Children's Museum $1400.00 $1400.00 1 Merc Building $1000.00 $1000.00 1 Temecula Theater $8200.00 $9000.00 1 Civic Center Building (approx. 2000 - 3000 ft.) $25,000.00 $25,000.00 20 Front Street Trees $500.00 $10,000.00 2 Archways with stone columns $1000.00 $2000.00 1 Maintenance checks and projected service requirements $1800.00 $1800.00 1 Gas, insurance, storage, etc $1860.00 $1860.00 Misc. work as warranted and approved by City Manager 1 or his designated representative $2000.00 $2000.00 SUBTOTAL $63,260.00 $3,260.00 EARLY DISCOUNT $60,000.00 TOTAL Make all checks payable to Southern California Lighting HAPPY HOLIDAYSI Temecula lighting Cost Overview Lighting Location # of Trees Strands Product Used Cost Front Street Trees 20 350 Warm White LED Minis $10,000.00 Children's Museum 550' Perimeter+ Mini Warm White LED C7 $1,400.00 Merc Building 2 20 + 30'C7 + Mini LED Mini + C7 $1,000.00 Temecula Theater 1000' Perimeter Warm White LED C7 $8,200.00 Civic Center Building 2000' - 3000' Perimeter Warm White LED C7 $25,000.00 Temecula Theater Columns 120 Warm White LED Minis $800.00 Light Standards 230 Lit LED Garland $9,200.00 South Entrance Arch 24+ 5 Strands Garland LED Mini +Garland $1,000.00 North Entrance Arch 24 + 5 Strands Garland LED Mini +Garland $1,000.00 Maintenance & Service $1,800.00 Gas, Insurance, Storage, Etc. $1,860.00 Misc, Work Warranted $2,000.00 Total Total w/ Discount $63,260.00 $60,000.00 NORTH ELEVATION I sant♦ ELEVAIM WFSI'_ELPVAl70N� i��� POSSIBLE GARLAND LOCATION WARM WHITE C7 LED LIGHTS LIGHT LOCATION DEPENDING ON CONSTRUCTION TYPE 0 POSSIBLE WREATH LOCATIONS Nov050903:16p So Cal Lighting 9514022001 p.2 CERTIFICATE OF LIABILITY INSURANCEr ATTIEW"DIN M OP ID BIM SOUTH -6 11/05169 ppODUCIEp I THISCFRTIFICATEISISSUED AIOATTER Op INPor ATION Cornerstone surety & insurance 1 ONLYANDCONPERBNORHiHT9(WONTHECERTIFICATE Temecula HOLDER. THIS 00"MCATE DOES NOT AMEND, EXTEND ON 43391 Business Park Dr Ste C-5 ALTER THE COVERAGE AFFORDED 6Y THE POUCRES SFIOW, j Teaascula CA 92590 j� .Phone: 951.2966800 8az:951-Z96-68DB_. _.INSIIAEAS AFFORDING COVERAGE �NAICI , 2e163 Lookout Point Lahtg Nenifoo CA 92585 4VYG..NV�-J THE POU-uiES OFIASUMWJELRS7ED IOW RAVE BEEN L9TGRoT FRBacAiEi1NVffKRe VE TTo V604 TM CE"PAiCMEO.IIOIWRNDTAK11N6 .INV PEtWWENPNT.TEP/AOfl CONDItgNOP ANYCONHMC70AOTNER DCGt1NEM YNMAESTECT TO Y7N7C11 Sita CEIRINDATE LiAY9E tlS7ED On LVIYPPATAIN, ME kSUNANCEAFFOAOED BY iNE POVCIE50ESGYBED NEPEM 1$SeBJEDT TDAILTHE TEAl6, eaua>stmNS MND CO/bTitONSOF SUCH POLICIES ACDREBATE WOW sNOWNaAY HAVE BEH! REDUCED BYPAIDCLAWR, VrIw[LTA TYPE OF WINO ICE. 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VL.WSFASE•EAEMPLOYG S €.L.DAFA6E •PDI.iCYUMT $ B OTIIB property 04.515001949 10/19/09 10%X9/10 $35600 DE.RCf1tPADNOF OP nDNS(LOCATAIGTYATVCLESIEI[CLUSIONSAODFDBV FNppReHAWTJSPECIALPROVAANR Certificate holder is naTRad As additional insured regarding general liability par attached endorar ant. V/ AS=ept non pay then 1D days rwuf.Cl t ATIAN _. _—_ 01 CER11FICATE HOLUEH S '-'---- SNOULDANY OF THElU10YiDELCf11BHi PDLiCtE86E CANCEIIEO �a4EFnCNE TNEEN9IAT TL t CITYT6H OATEnomop.TNE15SOPta NBURENWA.L147DFAVDRTONAL .DAYS WRITTEN �� NOTICB TO THE CEmiADATEHOLaEN NAYEDYD iNE LEFT. aVTFAYORfri000B06LULL R�DSE¢OOTWOAT70N ORLMDLLIfY OPANY %470NOMN TNE1mBURE0. RSARENIS The city a£ Temecula RFypFSIDNAT1VL9, Redevelopment Agency AIRHOR a 43200 Business Bark Drive lKemacula CA. 93590 t0A&2D09 ACO PORRTlON. Ail r(gHts TsserYad ACORD25j2009Po1) -rho ACDRD Rama and logo aro sDSMtaae marks of ACORD Nov 0509 03:16p ivnroHquWwervunmor UNI i RiN So Cal Lighting 9514022001 Catiromia Insurance tdendiftatiort Card p,3 Name and Address of Poficyiwidmrance Company MATHEW KRONQUIST Financial Indemnity Company SO CAL CHRISTMAS LIGHTING PO BOX 223887 NAICNo. 19852 28183 LOOKOUT POINT LN Dallas, TX 7522&3587 SUN CITY CA 62585 For Clfts contact us at 800 777-4342 lasuradvafim sj Year l Maks / vow / VIN A_qwt SOUTHWEST VALLEY INS AGENCY 2001 FORD F-350 27349 JEFFERSON AVE STE 107 i FTSF30SIl ED16960 TEMECULA CA 92590 951-587-4108 Policy Number _ FCFICV3136804-00 Policy Effective Date 09122(2009 Pnllcy Expiration Date 09/22/2010 This Insurance policy meets the requtromerc5 of calltornte Venrcie case Secuon 10vou or i wwi.D. *'tcnRr' CERTIFICATE OF LIABILITY In AURANrIF: Ino011Ev1 SOUTURSST VALLEY INSURANCE AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAMN ONLY AND.CONFERS NO RIGHTS UPON THE CERTIFICATE 27319 JRFPTDt80N AVBNUS SUITE 307 Tioll A - CA 92590 NOtOER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTS THE CDVERAGE AFFORDED ET THE POLICIES BELOW. tt �SURERS AFFORDING COVERAGE iNAICN EIEIIAEO NATHIal KRONOUIST MAYPERTAIN PdJCiE6. I WK A•Pinaacial Indemnity Company 19892 Ns,Aapa so CAL CSITSTNAS LIGHTING wYd+IDBTT�•""'THE -- IMiPFAt: ------------ 20163 LODROUT POINT LN _ F — ,—.'I_�...... P. 1 BON CITY CA 92085�Ii.^E.s.�.u't[A —•---- THE PODCIES& INSURANCE LISTED BELOW HAVE BEE. ISSUEOTOTHE INSUI66114E0ABOYA FOR THE POLICY PMRIODINDICATED. It0TYrt7f/STANDtNG ANY REGUIRIATNT, TERM OR CONERMN OF ANY CONTRACT OR OTHER 00CVA1ENT WRN RESaECT TO PASCH •PHLS LfRTIF(fATE M9Y OE ISSTrM OR MAYPERTAIN PdJCiE6. THE wk LIMITS AFMMA ASIiAEGATE LIMBS 6HOWN BYTHEPCLNOESDESCRIREDHEREINIS MAY tMVE BEEN REDUCED 0TPAIDCtA1MS. SUOJECTTOAtLTHETERMS,E%CLUSIONSAWCOMtIONSOFSUCH wYd+IDBTT�•""'THE =WTHE o ` 1 �- InLIt: NUYtltip I o^O�tlG�Y?"I'toO _ F — �^4 FAfM OLCUXAENCE i �"O.ULLaE!6�RTE11 BENERALIILBILAY -' I I CL1lAENCW.OFNERALtUBtttiY' ��EVUMTWW �OCCW - is N. Fxn 4ewpeSm/ I3_•••••.•._— -rircu+mr. AEp°ONLLEADSN.WRY •S ' QEIMTWSMO'ATILARTMITILIEjSAIII I GENEAALAGOREO/.lE ?3 `— P�AEAI�G�P _CO,F'MJAOO }S YulowmLe uA3Anr PCPICV3136604 09122-200109-22-2010 0"", EOSI:i°tE:uM Ik F� {ANYAUTO I IES.ttiEW) 1 11'7j'1 S'w omm I �o«w: wig !' 300000 -Ij--- FI MEOW= na ISOADf03 {DJylcf nuutY 'I IAx+e+cen0 f 300000 COnworcial Auto �`"""•"' ""' I I fa:'Tr oa:ou'kce �y 90000 _ +GAt1A°F JADM1ITY t 1 DA2Y,FAAECIOEN T �, � �AUlO - OPPA INAN EA+SCC S A_ ? [Y E3:1L'MYpELTU"'t'tNBI[ftt i { AM,: !C15;,IVGUAPEx'EE i• L Y.d0U:T+9lE I~ S i 'J11EN,pN 1 AYNIAERSCDWLMSATIOM Axp NYtO..iu^.:aUAPY Y� •�•��� I ---•-:--F.M:Srit,. I (Ocwli 1•navf�urty_,,.•y_,� M'Y 1pb'NErrygAAPiNERhnMYi6� OE;h�Li,9+fYpexCLWEDT I f .�_. �E.L FACHACEWkYT I3 •.--••— IA.SEAII NNIII YwywtNpx n' ?E�Ns'JYw rI I••, IE,4:LNT.v'E. EAtarcorkd3 --- JIxASE E11.1Zl 1'j 0922.2009109.22.•20101 CV LESS OED 500 A HP. COMP.RI KENSIYR AND 'COLLISxON 11PM�x36SO4 500 DESCAP EFADpNSILOCATIOMtP.Am FxDOp6EUExliFw.JAL l'JQunaBdA YR0Yu7o;p —'�• 200Dodge 250E30C Cab IPU IL7 N0382075262653 The City of Temecula; Tenacula Redevelopment Agency and Temecula Community servicer. District, tieir officers, officals and volunteers are named dditional Insured. - The City of Teaecula 1 ±NOULOAN'IDI TfEAeOYUDFECPoBEOPOtIC1ES BEYANLCttEOBEf0kE1NEEXVIpkiM)H ATf TNERa0P, 11161SEUIN0INSVACP iY0.l ENOEAVOA TO NAIL 9AY3 tEm is NOTICE OTICE 10 THE'C:RTNIth'm HOtDkR MWO IO THE LUT ETT, BfAILM T000 S0A1ML 49:00 Dvainose Park Drive (If n9�VG Ori£ He OBUBMIDN OR UAITUTY Of ANY KING ING11WE INS'.IRER,".AOENr30B Ikf, TemeLuit � CA 92590 io D e ATIME `• ACORO 25 W'091011 1 tell - CORPORATION, AU rights roserved. The AGGRO nam° end logo ete�un o(ACURO 4A A, is Nov 0509 03:17p So Cal Lighting 9514022001 POUGYriOLOER COPY STATE P.O. BOX 42Q807, SAN FRANCISCO,CA 94142—OB07 1 COMPSN9AT{ON INS URKNCK FUND CEfiTIMME OF WORKERS COMPENSATION WSURANCE TS= DAM 10-09-4009 MOLP. POLICY NUM9ER: testU29.2009 CERIIFTCATE IR i CMFICATE EWIHE5: 10-01-2010 ' // To -01 -2009110 -lit -4010 THE CSTY OF TEMEWLA REDEVELOPMENT AGOM ( SX 43200 9USIMESL PARK 0R%V9 PO. box 9093 , T CHROULA CA 925119=90213 'CNS is to certify that we bwe issued a Valid Workerle Compermdon snuun nhc policy in a form approved by the CMla h S=ence COMM sal0nef 10 the emplOYW nursed blow for the policy period indbftd. Tido poky k mt mkkl to rmme"toh Cy tn0 Fund axoeot Won 10 dwis wdvmce written notice 10 the employer. We will also Cee you 10 days advance netlas Shotdd this policy be calcatled prior to its mrmal expiradom. This catiflcate or onvraoee ie rat an Insurance pollcy end dose not ambd. extend or alter the covare3e afforded by the poky listed harelh NotWlNsta efflo ay F WUTemtmt toren rx oondldon of any contract or other doasmlent wEh raspaot to whleh this certificate of rasuranve may be Issued or to vMch It rimy petain, the Inswanee afforded by the policy describad heroin ls's bject to as One terms, oxclesions, and cmdldou, of sod, policy. �- nI2ED mii' ENTATt . PAE57DENr kxCLUOES THE FOLLOWING: HLISOAND AND WIFE EMPLOYER: LCT ALSD AFFORDING ALYFOPN%A WORKERS' CUPLOYERrS LIAWIUTY UNIT INCLUDING DEFENSE COSTS: $1,000.000 PER OCd1RRENM- 7 - 0 21,L 1, V CONOUISY, MATT 291W t0OKmr Pow LN SM CITY CA 445115 laEu.1-a51 SK IDVZSfq PRINTED t0-00-4003 SK Nov 18 09 03:58p So Cal Lighting 9514072001 ETON -18-2009 13+22 FromINIGTARR INC 9515974M To.,940cMi Rte` CER nFICATE OF LIABIMY INSURANCE rlmnocsc � � iNBaRAN ADBNCy ERTIFICATE IS dSUEa A8 MAri'ERSODT8x86'tVALL8Y AND CONFERS NO lHGIITO gran 2734! DaBra68ox AvsNOB - AMM THE ROCpayERAGE AFfITE RCED NOBYT7E A01sum EM. 207CA IO 411,1, 925!0 S AFFORDWIS COYERAGE .IodAaaity,.Cwpm ea _ =anuYioanlial TORE 9C8089um IRmAtrxs: BO M CRBIS'1RA5 LIORTIIi ML � �.• 48163 1A OMUT POINT T.NI MfiRCit.LflF7KlIW--tI UT) _. CLOOstuDf CA 92585 p.2 F'age-111 VGA"CMA' L (1V WCA The Ciky DP Sameauln Temecula Community Bervicen Di.0triet Tho, Redevelopment Agoncy I tha City of Tamtcula PO Box 9033 Temacola - CA 92590 t SMaROHIVtOTKADOYEaxsCaIBFAPoi.1OESSECAMCFUEIIaLrOAEMEF71P1aAT4N DATETH(ATOF.TN6 KSVDIDtRSUAER rett FMOWYOR TOIML.�.,� MYBWMTClt NOTICRTOmEEOmRCATENO f1'IO�tI flEFT�0YT f11WRE T000lO EW1LL MMU NO OUMMOx onAIJEW w AUT KIND cPW TRE RMN m AMTS OR IM AGOR0 26 (2009101] 8Bd009 AC090 GORPaRAMM. All rights re9errv0. The ACORO name and IoSa aro fa9lato DE ACARD h � �E SEW MAY rouW4.AOOREOAT6leMS+gN' RE l ElCIM TT.STERM OR COMM�IlION MATANt. THE INSURANCE AFFORDED I OF AW � QOCLURYWIMIM M WITH FWMCCTTTTO 9YWHO4IPTF�0.90C0EM FICA''M 1 AYYZEW1991W0 f1R eYTNE POLIM OC-SLRI EO NERERIS SIJW( Y04L MIS MW%UDMUSfONO AND CONOITICNS OF SUCH WYKkV0 DUM NEWCED QYPAUCLAM MAI IOliCretMept IO 411,1, 1.'b,eRKWa4M 1 H1[N OI,RREQNfA:• f ML MfiRCit.LflF7KlIW--tI UT) _. CLOOstuDf OOCOWAAWKARW f oEAERxnotwTanrs s rlmDOetf. mru+w wa s rsrLAURE tcunnArrueavea1: raucrFILM AvrONOMIUAe NWAUIU PCPICV3136904 0922-2009 09-22-20 a Mok*efugtEt T 1519twou f I�+NmKD SIV f 100000 A E A QWMWAVTO$ 4OtEOlAE0Avi09 _ s 3QODOtl "MAUfOD NOA�Atrfw caauaercial Auto th�t Ekn4 s SOOaC CARACfLLealfr AMVAV-E•AArr,1DW S QDtERiRM1O rA ACC S AaIOtRAV: Ata S ANYAWO ( CiCPi/VNDAELL11lIAaa11Y OWA 7 MAW UPM LRC'IOSWr�ETfCE S_ AlXiaaATE S t . OFDUCUILE S f �- Nkumon s W*4X AMMULOYOWUAMtrrr AW Ra CO➢rDRDATRJN M R 166ff"JIM (—s {•••D 6 ••. ' ELFACHAD L cLOrcrA�[.aann s a .,,w. tear A formCWRMWSZVB e MID Cai,T� MIT FCPICV3136804 (19-22-200 0912.20 A CV 1'13$8 MID Soo 60tl OM""R"'19"ItOMW41VEHrLW 2007 Da9ge Rma The City of TemeaularlTemeoula IRf AMM ADDE76r F)mD1t>.SaarrrNFOV.LVSQY1WRf 250Q Qat4 Cab 4O - 1B7913182579262653 Redevelopment Agency, and Temecula Community Services District, their officers, official", employees and volunteers are timed Additional snaured on Auto Policy, VGA"CMA' L (1V WCA The Ciky DP Sameauln Temecula Community Bervicen Di.0triet Tho, Redevelopment Agoncy I tha City of Tamtcula PO Box 9033 Temacola - CA 92590 t SMaROHIVtOTKADOYEaxsCaIBFAPoi.1OESSECAMCFUEIIaLrOAEMEF71P1aAT4N DATETH(ATOF.TN6 KSVDIDtRSUAER rett FMOWYOR TOIML.�.,� MYBWMTClt NOTICRTOmEEOmRCATENO f1'IO�tI flEFT�0YT f11WRE T000lO EW1LL MMU NO OUMMOx onAIJEW w AUT KIND cPW TRE RMN m AMTS OR IM AGOR0 26 (2009101] 8Bd009 AC090 GORPaRAMM. All rights re9errv0. The ACORO name and IoSa aro fa9lato DE ACARD h Nov160903;69p SoCal lighfing 9614022001 p.3 cER71FICATE OF t_tasttwtry irtsuranrtctA pp�p ° '""MY 809TB61 9 Cornerstone 90rety 4 Murinoe Temecula 41'391 Business Park Or Ste C-6 Temwula CA 92590 - Pboee:9S1�296-6960 Pax1951-296-600p IMM OERTWMTE AMAOFR(FORVIATM ONLY AND CONMMNO ROM UPON VHS C6RN=TE HOLDFAI 4 MMICAM ROES NOTA11EH8, P1gPN0 OR ALT6RYHECOYERAREAFFdOMYTtEP0Mogtow. Aw4UREA9AFFORRUf000YgtAOE. MAXI irWe40 '. �i��e��P$pr�i'� bighting Ken ea 9 595 a � Rlefieek •Stets BAtiosul 208 •CO 122811'' AIi11f1EAa' NOV afore Zns. Co.' . 422307 eaLF6Ra MrFREA4 _ imraERe ixeOwR�EsoEwsauxcEusreo iflAIYNAYReCif1 esE�mnswRnmNAAlEO ABOMEfdiT@wRCYP6iO0 waoATEs,xorwm6lANowO ANfeEWi1FJIBlT.tE7VA011tONMWNOPA1n00MAWGfOROTNfA WCUICMWIMiIEm'CC7TOWMGi7NRCE11i%IQAre WYieKSUebefl AurPasaw,nls wxavwoe AFEORowOYne$aiaEroEmuomlrazaxesLawa;rrnAuntE TaistE>uzusoxsANDwfwrcffwsrcN cairsa. ACbiMTS $Tura BipWN rµ22 reC11i rm+Aenucm fY W eO mA+s�t ltll - oisroewioE ��' WI$ . VMOtWAA$NCE . 61000000 A X X 0DWAWAre6NEAU.UMPM 08102115 10/19/09 10/19/10 $10000 MAIM ooE ®«xDR REeErwnw $5000 PeR$owuAoiwsmv $1000000 D):rr51MM0,F6Le[ $2000000 66NLADOPEBAIEOAfiAfPLIE3w3t }RBINgM•COKJAPASO i2QD0009 POLICY ��' LOC AO{WWBaELLWMY AM'AUfD �C ii181Et$ir $ YVWw PMPPN $ NREPULOAUiOf ipi61O[�AU70$ B�OOAs i #MV AOf09 IM-MEDAOTa9 .aV:AOE ' $ OAOA9ElIFBM1lfi MIYAVIO j AtIr001M1Y•EAACGOEAT i CAM* f ' ABIs i CKOWtURORR"i MM" - EAa+oearRAorcE i ABGr:4NE s ACOOR ElttAJ1C.W0E i s . i O0M1G1eLE REIHIYMN f s AitON 00EAS'WDMP 14cufNq-!M MMICM F9 M E�EOS L� Y Bald - - ELiAGHACC06M f pI6FA98 •EAOiN. i M OSEA5e•PWCYlf11f i 04-X65001948 10/19f09 10119/10 $35000 g OTHER Property uEaaROnoNopoPERAnausr rwaslwsaYwrsxc+nmmaAow[carewaessretrl atwlo�oxa The city of Temeoula, Temecule Aedevelopmant A9eUcyean acd voo2umteere afire service District, Weir officers, officials, e� oy nerved Additional SDeured on tisasrsl Policies. wwnr.n. w•Mx City of Temecula Temecula Community SerWMS District The Redevelopment Agency of the City of Temecula (} ABox 9033 Temecats, CA 9.2589 olner��xerosumwsvnEarw.LENOFavoFmsw. �q..,, sArswarrw xoDnrm•nrecmr$wAreHaDvrwaEam'rxewEFl.ms EfinFAEmsowaNAlc afrosOxoom$mOrorloFLusurcaurvaNiuPw6TNEnmmvtm AaENrsoR Nov 18 09 03:59p So CalLigh(ing 9514022001 p.4 ACaRDr 'CERTIFICATE OF t.IABILUTY INSURANCE cis oos "W"mR (951) 696-3505 BTOCT (9531696-35045 LOO ITodrignez lnmtranae Agenoy 14C$OA99672 25220 Hancock Ave. Ste 200 TNLS CERTIFICATE IS ISSUED AS A MATTER OF UIFOFMAT(ON ONLY AND CONFERS NO'RKTNTS UPOIITHE CERTIFICATE HOLDER. TIES CERTIFICATE DOES NOT SMD, EXTEND OR ALTER THE CO GE DED BY THE POLICIES DELCW THE WSURANCEAFFORDEO BY THE POLICIES DESCAIBEDHERON IS SUBIECTTOALL THE TERMS, TXCLIMONSANDCONDITIONS OIBUCH P DLICIES. murriota ....... CA. 92562'__ ' . �.. P'�RED • . INdURERSAFFORDROODYERAOF. . wsuHecxsfate CoIDgangation Ina £1Trid " -.. Southern Ca13PoriTi.e Lighting .. 28163 Lookout Pointo LanawsimBtF _...._..._.__..__:' •MgtYtEHe MOni£Qe. CA 92585 a+sweR o ......_.___.�__'__'_-...._...._........ ... 1 PSURfR @ _...»_-.....___. THE POUCMS OF INSURANCE USTED DELOWHAVE BEEN ==TO THE OISUREOTW WacyEFORTHE poWyPERIOD WCATEA. NOTWMISTANDINO ANY REOUIREREHT, TERM OR CONWHM OF ANY CONTRACT OR OTHER WOLW fff VM RESPECT TO 14NHOH THIS CERRRDATE MAY DE ISSUF0 OR . APAYPERTAIN, THE WSURANCEAFFORDEO BY THE POLICIES DESCAIBEDHERON IS SUBIECTTOALL THE TERMS, TXCLIMONSANDCONDITIONS OIBUCH P DLICIES. ACGREOATE LIMNS SHOWN MAY HAVE BEEN REDUOM SY PAID CLAW.. .... .._...._ . .... . . ...... .__ ._-� r vest�_..-........_._ umm 6EflfuLLL uTY VACHLrCUMD" �•_•-•••••_•_ fAM4ERClAL GENERALLUBAAT cuueeHAEE t-- !occw ! NEDDn ort«�*d . 3 �_�---. 7., _____.».. .,.__ GENLAMOSAWMIAMMSPER _•l ( PT�DWCTS•C01F1'0,?Atkl i...._.. _-....._, PR QAC •mom• A9WNOSEELLAMUTY DO{BVEC 511IXETAn ANY A1JTD AlyaMtED AUTO6 .] lgD1.Y UtAa'!f a BOIEMEDAUMS ffVrOwaTl 'tIHEOlY./TO9 Ho"mea NJTOS � � BODId'9LMtY !�'� 7 .. .... ... ._ CAAAOELYIBLLIIY 3 .._. .. AWAM pN.}R�O�IL%QH.AY�_FA_/CdCFM AAO f EAT%iA5iuM9REtAALN{P6TIY E%ATt CCCVMeICE s ....)cc" GAVA\ViIE - RFTEN'nJN A WQF"MASCOK-M'SAVM .X V+C A o1H- IL AFEPCOYERS'LULBOM Y ..._ ....._ AAV PAOMETtl� EIFACH AFCIOEtTi s 000 PC=M9, UIbftYT 8916292009 - 10/1/2009 IO/1/2010 __ 'EL06EASE.FAEY ,}t000•, c 000 P kIALV.tYtler Fa.dsFASE-PoucT ton ,1!000 .x 1 000 000 oRUTT 06SCRIPTIONDPOVERJR1DN6ft:OGtT10N51V78P(9.65f877�LfWON9A0DFn BYEMooR6E/AERY1SfFCNLPRDVI9pRE +10 Days mu} Of =WllRtion for am -pays t of Psmim. SNUUEDNryOPTHEABOYEtlEECRWEI)POJCES UECANCE4ED8ETOAE71@ENPB4tTION INSURED COPYDATEYHHEOF, TRE ISSISp6RI0lStetWDl. elOEAVOR70 MNL t?D UYSYMrrEN NOTM.ETOTSECEAUMAMO OERNNAEO)01HE LBF.BUTFAS.URETO DO SO SHALL {NMI NOO@UBAnON ORUAOfUfV OFNtT' NINE UNki THE WSUREfy RSAOENTS OR TE OF LITY INSURANCE 1 11. d9 -0`o SOUTHNMST VALLEY INSURANi AGENCY ONLY AND -CONFERS NO RI(iRT9 U"WON THE CERTSFICATE 27349 JEFFERSON AvgM HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SVITR 107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. j T3NECyLA CA 92590 IINSURERS AFFORDING COVERAGE 'NAICN MATES" RRONQUZST , IrTW'nMER A'Financial Indemnity Company 19852 SO CAL CHRISTMAS LJORTINO 20163 LOOKOUT POINT IN E SUN CITY E CR 92505 I kl^aUR_RE I COVFRAGFR - I THE POLICIES OF INSURANCE LISTED DELOW HAVE BEEN ISSUED TOTHE INSURED NAMEOASOVE FOR THE POLICY PERIOD ANY REOU!REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DCjDUMENT INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY PERTAIN, POUCIES. THE INSURANCE AFFOROEO AGGREGATE LIMITS SHOWN BY THE POLICIES DESCRIBED HEREIN MAY Hwvp BEEN REDUCED BY PAID CLAIMS. MAY BE ISSUED OR IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH iNSR .KPO .- TUNDILI xxt �x f 7 I ..-_- POLICYNUMBER pOl4CS f,FfECT1K POIJCYFU4&LRF7 TION t� ypxPal,Y LINTS GENEY RgV ('.pL'.HENCIAL GENERAL UAH4.l; CWMS NAGE Q jjjj •: EACHOCCJA0.E^CE S PA,Ff1S�s ��M1-�5 „� OLCUA AfEa E1m•AI, a,M ppem}�--_ } ."•'" I I- PEP,EOHAL AADVCL-Y IS -. G`rN'L eJ.CAEIR-AtIE LWRAPiR!E9 PFA: GENERAL AGGAE FD�,CY I i ANG V _.. PRIDE %11 AGO 5 LOC AotoMOUAe0.1TY -� FCFICV3136804 09 122-2o09 �09-22-20•W `� su:GLFLiMR l u+rnurAUIo D � A!L(VINEDAUtos •`• GHIRSDAxep L TOS; OS Ni?<D AVi05 Y0)5O'NNEOAUTOs ( SODIL'f NwNRLY A__ jTPa pa+ml 100000 IY I BODILY INAA300000 C0311139=ial Auto PAOPCRTYWAAGE GAARAGELIABALRY ANY AL'TD OnGFTTNAN EOR THA!r�O^:A� jAA11 AU I&f AGO is i aETENTION S YIORRERSCORPENSATION ( - AND FNPLOlMHiS (UD0.RY J Y N •-• -� j I WARS. ,CTH.IS I+c,YY ARS. l M NIYPROPryET(IR PARTNEAff,(ELWI E OFFIOUVEI51fEMCKOLUDFO'I M1 , _ EL EACH ACCIDENT_— �:^-j- IM-dm"NRI I FSa.001uta I••• I((-- 'lmtorEp-S —! B.L:'/.L1RE•EAc wuN ! $PEOML tA04%1ONs mr OTHER ICDNRR$HMN92VE AND FCFICV3136804 l 09 22-2009 IE.L. 2 OIEEA$E-FOlIOYLRLI 3 ACV LESS PSD � 500 A COLLISION I I IJ9-22�-..010 Soo DESCWIMNOFOVCRATWNSILOCAT*KIVIIWMts,,EACL'US sAp0E0 BY fX100RSEMFNt%£PEdAL PROYsq!IS 2007 Dodgy Ram 1500 Quad Cab The Citv of Temeculak 'PU ID79U18257S262653 Temecula Redevelopment Agency and Temecula Community Service; District, officers, Offic al$ and volunteers are named heir dditionai Insured, rcnnnrA,•� un, nom,. ! _ .. The City DE Temecula 43200 Business Park Temecala ACOR025G jDATETNEREOi,1HF.ISsuING INSURER IYILL ENpFAVOR TO YAa _1-0_ UAYSY(RRTEN p NOT4-VTOTHE MITIRCATCHOLDER NAMEOTOTHELEFT,SVTFNLUCETO WSOSHALL IMPOSE NO OBLRIATWN OR UAMUTY OF ANY KIND UPON THE INSURER, RS AGENTS OR Hl NEPRE9 9, CA 92590 AIUnI IX UTATrvR �— I Vft-eouu AL.OKU (:ORPORATION, All Tlghts The ACORO namo and logo aremplatel Inn kb OfACORD ,/ Item No. 21 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 10, 2010 SUBJECT: Grant of Temporary Construction Easement for the Main Street Bridge Project PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "GRANT OF TEMPORARY CONSTRUCTION EASEMENT" FROM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO THE CITY OF TEMECULA (APNS 922-053-020 AND -021) 2. Approve the Temporary Construction Easement for APN's 922-053-020 & -021 for the Main Street Bridge Project (Replacement) over Murrieta Creek. 3. Authorize the RDA Chair Person to sign the Temporary Construction Easement deed. BACKGROUND: The Main Street Bridge Project over Murrieta Creek (Replacement) is an approved project with the City's Capital Improvement Program (CIP). The project is currently designed and awaiting final environmental approval. The project is necessary to meet current safety standards and compatibility with the Murrieta Creek Improvement Project. Construction is expected to begin during Fiscal Year 2010/11, with completion anticipated in 2012. The City has identified the aforementioned RDA parcels as the most appropriate location for staging construction equipment/materials and access to the bridge. Asa result, the City finds it necessary to obtain a Temporary Construction Easement (TCE) from the RDA prior to planned development and/or sale of all or a portion of the subject parcels and pending construction of the Murrieta Creek Improvement Project. The TCE will be in effect for a period of 18 months from the date that the City issues a Notice to Proceed to the contractor to build the bridge. Riverside County Flood Control & Water Conservation District (RCFC&WCD) has no objection to the TCE, which will temporarily encumber a portion of the property (located in Murrieta Creek) that they are seeking to purchase for the future channel improvements. The City will also need to obtain encroachment permits across two District owned parcels to facilitate access and construction of the bridge. Staff anticipates that the bridge will be constructed far in advance of development of the property and the channel improvements. Once the bridge is constructed, the City will record a Notice of Termination to remove the encumbrance from the RDA and RCFC owned parcels. FISCAL IMPACT: None. ATTACHMENTS: 1. RDA Resolution 2. Temporary Construction Easement Deed 3. Location/Vicinity Maps RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "GRANT OF TEMPORARY CONSTRUCTION EASEMENT" FROM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO THE CITY OF TEMECULA (APNS 922-053-020 AND -021) THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. 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 "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 (codified in Chapter 2.52 of the Temecula Municipal Code) 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. The Redevelopment Agency proposes to provide to the City of Temecula ("City") a temporary construction easement with a term of eighteen months over all of the real properties commonly known as 28640 Pujol Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers 922-053-020 and -021 (collectively the "Property") in connection with the City's proposed replacement of the Main Street bridge. The bridge replacement is necessary for the proposed widening and improvement of Murrieta Creek adjacent to the Old Town Area of the Project Area ("Murrieta Creek Improvements") under design by the Riverside County Flood Control and Water Conservation District and the U.S. Army Corps of Engineers. The Murrieta Creek Improvements will be of benefit to the Project Area because the improvements will reduce the risk of flooding in the Old Town Area and assist in the elimination of blight in that portion of the Project Area. D. The grant of the temporary construction easement from the Redevelopment Agency to the City would allow the City to use the Property to facilitate the construction of the bridge replacement, for access and right-of-way purposes and for construction staging purposes in connection with the City's replacement of the Main Street bridge. The eighteen -month term would commence on the issuance by the City of a Notice to Proceed to the contractor that is chosen by the City to construct the bridge replacement. The grant of the temporary construction easement on the Property is consistent with the Plan and the Implementation Plan. The Agency retains the fee ownership of the Property. Section 2. Construction Easement. The Redevelopment Agency hereby approves that certain "Grant of Temporary Construction Easement" from the Agency to the City ("TCE"), with such changes in the TCE as may be mutually agreed upon by the Executive Director of the Agency and the Director of Public Works as are in substantial conformance with the form of such TCE on file in the Office of the Agency Secretary. The Chairman is hereby authorized to execute the TCE, on behalf of the Agency. A copy of the TCE recorded in the Official Records of the County of Riverside shall be placed on file in the Office of the Agency Secretary. Section 3. Executive Director's Authority. The Executive Director (or his designee) is hereby authorized, on behalf of the Agency, to take all actions necessary and convenient to carry out and implement the TCE, and to administer the Agency's obligations, responsibilities and duties to be performed under the said TCE, including but not limited to, approval and execution on behalf of the Agency of the TCE, revisions to legal descriptions, grant of temporary construction easement, acceptances, escrow instructions, certificates, estoppel letters, and other documents as contemplated by the TCE or as necessary and convenient to implement the TCE. Section 4. Authority of Director of Public Works. The Director of Public Works is hereby authorized to accept the TCE on behalf of the City. Second 5. Certification. The Secretary/City Clerk 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 10th day of August, 2010. Michael S. Naggar, 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 10th day of August, 2010, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Recording Fee: Exempt pursuant to Government Code Sections 6103 & 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 APNs: 922-053-020 & 922-053-021 [X] ALL [ ] PORTION GRANT OF TEMPORARY CONSTRUCTION EASEMENT WHEREAS, the Redevelopment Agency of the City of Temecula, a public body corporate and politic (referred to as "Grantor" below), is the fee owner of the real property commonly known as 28640 Pujol Street, Temecula, County of Riverside, State of California, and identified as Assessor's Parcel Numbers 922-053-020 and 922-053-021 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, located in the County of Riverside, State of California (referred to as "Grantee" below"), a temporary construction easement over and on all of Grantor's Property ("Temporary Construction Easement Area") to facilitate Grantee's proposed construction of the public street, bridge and related public improvements in connection with the Main Street Over Murrieta Creek (Replacement) Project, which is referred to below as the "Project". NOW, THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee a temporary construction easement over and on the Temporary Construction Easement Area with a term of 18 (eighteen) months. The Temporary Construction Easement Area affects all of Grantor's Property, which is commonly 11086.0638/1221160v2/Grant of Temporary Construction Easement Page 1 known as 28640 Pujol Street, Temecula, County of Riverside, State of California, and identified as Assessor's Parcel Numbers 922-053-020 and 922-053-021. The Temporary Construction Easement is described more particularly on Exhibit "A" and depicted on Exhibit `B" to this Grant of Temporary Construction Easement. The term of the temporary construction easement will commence on the date that Grantee issues a Notice to Proceed (with construction) to the contractor it retains for the Project. Grantee will provide to Grantor a copy of the Notice to Proceed. The above-described Temporary Construction Easement Area is for Grantee's use for the term of 18 (eighteen) months to facilitate Grantee's construction of the Project. The purpose and scope of this temporary construction easement is to provide additional right of way to facilitate the movement of Grantee's equipment in the Temporary Construction Easement Area for the construction of the Project; to allow Grantee to access to the Temporary Construction Easement Area in connection with its construction of the Project; as a construction staging area for the Project, and to allow Grantee to store construction equipment, earth or any construction materials as needed for the Project in the Temporary Construction Easement Area during the term of said easement. By executing the Certificate of Acceptance, Grantee agrees to replace any landscaping and/or improvements located on the Temporary Construction Easement Area that are damaged as a result of Grantee's construction of the Project with material of like kind and quality. Further, Grantee agrees that it will comply with any environmental mitigation requirements for the Project that are approved and apply to the Temporary Construction Easement Area in connection with Grantee's construction of the Project. Grantor shall retain the right to use the Temporary Construction Easement Area to the extent such use does not interfere with the rights of Grantee under this Grant of Temporary Construction Easement, and Grantee shall not use the Temporary Construction Easement Area in any manner that would have an adverse effect on the Grantor. .This temporary construction easement shall expire on its own terms eighteen (18) months after the date on which the Grantee provides to Grantor a copy of Grantee's Notice to Proceed (with construction) issued by Grantee to the contractor retained for the Project. Grantee also agrees to record in the Official Records of the County of Riverside a notice of termination of the Grant of Temporary Construction Easement after it completes construction of the Project. 11086.0638/1221160v2/Grant of Temporary Construction Easement Page 2 IN WITNESS WHEREOF, Grantor has caused this Grant of Temporary Construction Easement to be executed as of .2010. GRANTOR REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA C Mike Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 11086.0638/1221160v2/Grant of Temporary Construction Easement Page 3 CERTIFICATE OF ACCEPTANCE OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT (Portions of APNs 922-053-020 & 922-053-021) (Govt. Code § 27281) This is to certify that the above -attached GRANT OF TEMPORARY CONSTRUCTION EASEMENT granted to the City of Temecula, a municipal corporation, by the Redevelopment Agency of the City of Temecula, a public body corporate and politic is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula Greg Butler, Director of Public Works/City Engineer ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 11086.0638/1221160v2/Grant of Temporary Construction Easement Page 4 THE CITY OF TEMECULA RDA Parcel APN 922-053-020 "Ok] Traditioms, New Opportuiities°' Legend �� D c;ty v �{. Streets E:] Parcels C7 �O C.7� C7 N Scale: 1:4,310 0 400 800 1200 ft. Map center: 6287085, 2123990 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. THE CITY OF TEMECULA RDA Parcel - APN 922-053-021 "Ok] Traditioms, New Opportuiities°' Legend a City Streets E:] Parcels C N Scale: 1:3,637 0 350 700 1050 ft. Map center: 6286937, 2123881 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. COUNCIL BUSINESS Item No. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: August 10, 2010 SUBJECT: Intergovernmental Agreements with the Pechanga Band of Luiseno Indians forthe mitigation of off -reservation impacts from the Pechanga Gaming Center pursuant to the Tribal State Compact between the Pechanga Band of Luiseno Indians and the State of California PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council approve the following two actions: 1. Allocate $2 million from the City's General Fund Reserves to fund the revenue shortfall in the City's Fiscal Year 2009-10 Budget resulting from the Tribe's failure to pay the first Annual Mitigation Fee of $2 million anticipated under the March 9, 2010 Intergovernmental Agreement with the Pechanga Band of Luiseno Indians. 2. Direct the City Attorney to file a legal action against the Tribe and other applicable parties to require the Tribe to mitigate the impacts of the 2006 expansion of the Gaming Center as required by the 2006 Amended Compact. DISCUSSION: Approval of Intergovernmental Agreement with Tribe. On March 9, 2010 the City Council approved the "Intergovernmental Agreement" between the Pechanga Band of Luiseno Indians ("Tribe") and the City ("City Intergovernmental Agreement') and also approved the "Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino" between the Tribe, City, County of Riverside and the Sheriff of the County of Riverside ("Law Enforcement MOU"), culminating two and one half years of negotiations with the Tribe. The City Intergovernmental Agreement is required by the 2006 Amended Compact between the Tribe and the State of California approved by the voters in February 2008. Copies of both of these agreements and the Agenda Report summarizing the essential terms of the agreements are attached to this Agenda Report. The City Intergovernmental Agreement provides generally that the Tribe would pay to the City an annual mitigation fee of $2 million beginning on June 30, 2010 through June 30, 2031 and a Special R:/Agenda Reports/Pechange Agenda Report 8_10_10 Mitigation Fee of $10 million in 2015 to complete the funding for the construction of the Interstate 15/ SR 79S Interchange improvements. These fees would have paid for the mitigation of traffic, law enforcement and fire service impacts to the City arising from the Tribe's February2006 expansion of the Gaming Center in which 2,200 additional gaming machines were added to the Gaming Center without notice to the City and without compliance with the provisions of the 2006 Amended Compact requiring the mitigation of off -reservation impacts. The Gaming Center includes the Tribe's casino and hotel. The Law Enforcement MOU provides generally that certain law enforcement services for the Gaming Center and the Pechanga Reservation will be performed by Riverside County Sheriff's deputies funded by the City of Temecula with the annual mitigation fee from the City Intergovernmental Agreement and that certain law enforcement protocols would be in effect for the deputies' entry onto the Pechanga Gaming Center and Reservation. City's Intergovernmental Agreement is not vet effective because of the failure of the Tribe and County to reach agreement on a County Intergovernmental Agreement. Under Section 13.12, the City Intergovernmental Agreement does not go into effect until the Tribe and the County have entered into an intergovernmental agreement under the 2006 Amended Compact to mitigate the impacts of the Gaming Center expansion in the County of Riverside. The Tribe and the County have failed to reach agreement on a County intergovernmental agreement. The County intergovernmental agreement would have provided for the mitigation of the impacts of the Gaming Center expansion on the District Attorney's Office, the Public Defender's Office and the Department of Mental Health. Although the Gaming Center is surrounded on three sides bythe City of Temecula, the Countygains substantial benefits from the City Intergovernmental Agreement because the traffic improvements on Pechanga Parkway, Temecula Parkway and the Interstate 15/SR 79S Interchange will improve traffic flow for the unincorporated County areas and the Citywill fund the County's existing law enforcement responsibilities for the Gaming Center and the Reservation. The County has demanded an annual mitigation fee of $852,000 for the additional costs of the District Attorney's prosecutions, Public Defender's defense obligations and Mental Health's gambling addiction program resulting from the expansion of the Gaming Center. The Tribe has offered an annual mitigation fee of $500,000 for these services. Thus, the differences between the County and the Tribe are $352,000 per year. The Tribe and the County have not met to resolve these differences since July 13, 2010. The City, therefore, has not received the first $2 million annual mitigation payment under the City Intergovernmental Agreement for the mitigation of the existing impacts from the expansion of the Gaming Center. The City proposed a First Operating Agreement in which the tribe would advance the first $2 million annual mitigation fee to the City for these existing impacts. This would have enabled the Tribe and the County to conclude their negotiations and would have enabled the Tribe to preserve the benefits of the City Intergovernmental Agreement. The Tribal Council declined to enter into such an agreement with the City. The completion of the Interstate 15/SR 79S Interchange improvements is jeopardized by the failure of the City Intergovernmental Agreement to become effective. The proposed improvements to the Interstate 15/SR 79S Interchange ("Interchange") will significantly improve the flow of traffic from Interstate 15 to Temecula Parkway ("SR 79S") and significantly mitigate the traffic impacts from the expansion of the Gaming Center at this critical interchange. The traffic from the expansion of the Gaming Center is a significant contributor to the R:/Agenda Re ports/Pech an ge Agenda Report 8_10_10 2 poor level of service at this Interchange. The City Intergovernmental Agreement provides for the Tribe to pay a special $10 million mitigation fee forthe Interchange improvements. The $10 million special mitigation fee is a fair -share contribution from the Tribe to this vital traffic improvement and represents approximately 27% of the total cost of the Interchange Construction of the Interchange is dependent on this special mitigation fee as this is a major part of the financing plan for the Interchange improvements. A $2 million allocation is required from the City's General Fund Reserves to cover the revenue shortfall in the City's Fiscal Year 2009-10 Budget. In March 2009, the Cityand the Tribe reached agreement on the terms of the City Intergovernmental Agreement. The final agreement was then drafted and approved 12 months later in March 2010 by the City and the Tribe. At the time of the approval of the Fiscal Year 2009-10 Budget in June 2009, the City, County and the Tribe were reasonably certain that the County intergovernmental agreement would be in place and that the Tribe would make its first $2 million annual mitigation fee payment by June 30, 2010. The Tribe and the County did not meet until April 2010 and then only at the insistence of the City. Had there been any uncertainty as to the likelihood of the approval of the County intergovernmental agreement, the Staff would not have anticipated the mitigation fee revenue in the Fiscal Year 2009-10 Budget and would have made appropriate adjustments to the Budget at that time. Therefore the recommended allocation is necessary. It is now necessary for the City to pursue litigation to mitigate the impacts of the Gaming Center Expansion. Section 10.8 of the 2006 Amended Compact between the Tribe and the State of California requires the Tribe to prepare a Tribal Environmental Impact Report for any activity that serves the Tribe's Gaming Activities or Gaming Operations and that may cause either a direct physical change in the off -reservation environment or a reasonably foreseeable indirect physical change in the off - reservation environment. The Tribe did not prepare a Tribal EIR at that time and elected to negotiate the City Intergovernmental Agreement. Section 10.8.8 requires the Tribe to negotiate with the County and any city located adjacent to the Gaming Center and enter into enforceable written agreements with the City and County providing for the timely mitigation ("EIR") of impacts arising from the gaming operations. Section 10.8.8 of the 2006 Amended Compact specifically provides: "Section 10. 8.8. Intergovernmental Agreement. Before commencement of a Project and no later than when the Tribe issues its Final TEIR, the Tribe shall offer to begin negotiations with the County and any impacted City in which the Gaming Facility is located or adjacent to (hereafter "Impacted Citi'), and upon the County's and/or any Impacted City' s acceptance of the Tribe's offers, shall negotiate with the County and any Impacted City and shall enter into enforceable written agreements with the County and any Impacted City which include all of the following: "(i) Provisions providing for the timely mitigation of any Significant Effect on the Off -Reservation Environment (which effects may include, but are not limited to, adverse changes in aesthetics, agricultural resources , air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, water resources, land use, mineral resources, traffic, noise utilities and service systems, and cumulative effects), where such effect is attributable, in whole or in part, to the Project, unless the parties agree thatthe particular mitigation is infeasible, taking into account economic environmental, social, technological, and/or other considerations. R:/Agenda Re ports/Pech an ge Agenda Report 8_10_10 "(ii) Provisions relating to reasonable compensation for law enforcement, fire protection, emergency medical services and any other public services to be provided by the County and any Impacted City to the Tribe for the purposes of the Tribe's Gaming Operation as a consequence of the Project. "(iii) Provisions providing for mitigation of any effect on public safety attributable to the Project, including any reasonable compensation to the County and any Impacted City as a consequence thereof. "(iv) Provisions providing for reasonable compensation for programs designed to address gambling addiction." Given the failure of the Tribe and the County to reach agreement on an intergovernmental agreement and the consequent failure of the City's Intergovernmental Agreement to become effective, the City has no alternative but to file litigation to protect its rights under the 2006 Amended Compact and applicable law. The City Attorney estimates that the litigation would be filed in approximately 45 days in order to accommodate notifications to the Governor's Office. FISCAL IMPACT: The proposed Mitigation Fee under the City Intergovernmental Agreement would have generated a minimum of $42 million over the term of the Intergovernmental Agreement, less any SDF money received by the City from the state, but with CPI increases each year beginning in the sixth year. Additionally, the City would have received $10 million towards the I- 15/SR79S Interchange either from grants secured bythe Tribe orfrom Tribal funds. The total funds available to the City over the term of the City Intergovernmental Agreement would have been $52 million with a rough estimate of an additional $13 million in CPI increases for years six to 21. The City will not receive these funds. The City expects to receive comparable mitigation fees following the successful conclusion of litigation and the resulting Tribal EIR process. ATTACHMENTS: Agenda Report for March 9, 2010 concerning Intergovernmental Agreement and Law Enforcement MOU Executed Intergovernmental Agreement dated as of March 9, 2010 Partially executed Law Enforcement MOU dated as of March 9, 2010 R:/Agenda Re ports/Pech an ge Agenda Report 8_10_10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter Thorson, City Attorney DATE: March 9, 2010 SUBJECT: Approval of Intergovernmental Agreements with the Pechanga Band of Luiseno Indians for the Mitigation of Off -Reservation Impacts from the Pechanga Gaming Center Pursuant to the Tribal State Compact Between the Pechanga Band of Luiseno Indians and the State of California PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "INTERGOVERNMENTAL AGREEMENT" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS AND THE CITY AND APPROVING THE "MEMORANDUM OF UNDERSTANDING CONCERNING LAW ENFORCEMENT SERVICES AT PECHANGA CASINO" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS, CITY, COUNTY OF RIVERSIDE AND THE SHERIFF OF THE COUNTY OF RIVERSIDE BACKGROUND: The Pechanga Band of Luiseno Indians ("Tribe") is a federally - recognized Indian Tribe located on federal Trust Lands just south of the City boundaries. The Tribe has inhabited the Temecula Valley for more than 10,000 years (or according to Tribal history and culture, since time immemorial). The Pechanga Indian Reservation was established by Executive Order of the President of the United States on June 27, 1882, affirming the Tribe's sovereignty and land -base. R:/Agenda Reports/Pechanga Intergovernmental Agreement 2 23 10 Under the federal Indian Gaming Regulatory Act ("IGRA"), the Tribe may engage in gaming as a means of promoting Tribal economic development, self-sufficiency and strong Tribal government. IGRA generally requires that Class III gaming (Las Vegas style) be conducted pursuant to a Tribal -State Class III gaming compact. On September 10, 1999, and effective in May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA ("1999 Compact'). In August 2006, the Legislature amended the 1999 Compact. This amendment was approved by the voters in the State of California at a referendum election in February 2008 and effective in March 2008 (the Amended Compact'). The original 1999 Compact authorized the Tribe to have 2,000 of the Class III (Las Vegas style) gaming devices in the Casino plus additional 1,600 Class II (bingo style) gaming devices. Underthe 1999 Compact and the 2003 Tribal environmental study, the Tribe successfully developed a gaming center that includes: (1) an approximately 200,000 square foot casino; (2) seven restaurants and related amenities; (3) a thirteen story 522 -room hotel; (4) three parking structures plus surface parking that in total can accommodate at least 8,567 cars, recreation vehicles (RVs), buses; (5) administrative, regulatory, maintenance and service structures; and (6) common areas related to these facilities. The Tribe has assisted the City in obtaining approximately $6 million for the much needed bridge improvements on Pechanga Parkway over Temecula Creek and has provided $8 million of its own money toward off -reservation road improvements on Pechanga Parkway and Temecula Parkway. The City used these road funds along with its developer impact fees and other funding sources to widen Pechanga Parkway from Temecula Parkway to the Casino. The casino, hotel and restaurants has provided over 5,000 jobs to the Tribe and the community as a whole. In addition to the casino, hotel and restaurants, which have become a major tourist attraction and bring millions of dollars into the local community, the Tribe has successfully developed on its lands other economic development or governmental projects that service the Tribe and the community, including a convenience store, golf course, cultural center, museum, gas station, car wash and RV park. The Amended Compact authorizes the Tribe to provide up to 7,500 of the Class III gaming devices. Recognizing the potential off -reservation impacts of an expansion of the gaming, Section 10.8.8 of the Amended Compact requires that the Tribe enter into "intergovernmental agreements" with cities and counties affected by the gaming operations of the tribe. The Tribe now has approximately 4,200 gaming machines in the casino. Staff has been working with Tribal representatives to develop the mitigation measures described in the Intergovernmental Agreement and the Law Enforcement MOU in order to fulfill the mandates of the Amended Compact. SUMMARY OF TERMS OF THE INTERGOVERNMENTAL AGREEMENT: 1. Term. The term of the agreementwould be 21 years, ending December31, 2030 (§ 13.8) 2. Number of Slot Machines. The Tribe is authorized under the 2008 Amendment to the Compact to have 7,500 gaming devices (slot machines) at the Casino. Under the Intergovernmental Agreement, the Tribe agrees that the total number of gaming devices would not be more than 5,000. If the Tribe wants to add more gaming devices, the Tribe would be required to follow the Expansion/Tribal EIR procedures provided in the Agreement and explained in section 6 of this Summary. (§§ 2.10; 2.12; and 3.4.b.). R:/Agenda Re ports/Pech an ga Intergovernmental Agreement 2 23 10 3. Mitigation Fee. The Tribe agrees to pay $2 million per fiscal year to the City for 5 years to mitigate traffic, public safety or any other impacts as determined by the City (§ 3.4.a.). Beginning in year 6, the Tribe will pay $2 million perfiscal year plus a CPI annual adjustment for the remainder of the 21 year term (§ 3.4.a.i.B.). A. Any SDF Payment to the City would be credited against this amount. "SDF Payment" means monies received by the City from the State Distribution Fund that was created under State law pursuant to the Original Compact and into which the Tribe made contributions prior to the Compact's amendment in 2008 or other tribal gaming funds distributed to the cities by the Legislature. B. As part of this Mitigation Fee, the City will agree to cover the County's public safety responsibilities at the casino and hotel. The County will still respond to calls on the Reservation. The City agrees to fund the Sheriff's response to calls for law enforcement service at the Gaming Center and the patrol of the zones of the City closest to the Gaming Center. The public safety responsibilities will be documented in Section 3.6 of the Intergovernmental Agreement and in Section 3.5 of the Law Enforcement MOU between the City, Tribe, County and the Sheriff. C. Payment of the Mitigation Fee and the 1-15/SR-79 South Interchange fee will be the full amount of mitigation the City is entitled to for the impacts of the existing casino and hotel and up to 5,000 slot machines. 4. Special Fee for Interchange. Further, the Tribe will commit to pay $10 million to the City within the next five years for the ultimate 1-15/SR-79 South Interchange. If the Tribe is instrumental in obtaining federal or state grant funds to pay for this project, it will receive a credit equal to the amount they are able to obtain. If the Tribe is unsuccessful in obtaining grant funds by the end of the 5th year, they will pay City $10 million for this project. If the Tribe is successful in obtaining only portion of the $10 million through grant funding, they will pay the City the difference between whatever grants are received and the $10 million. (§ 3.4.a.iv.) 5. Baseline Traffic Study. A Baseline Traffic Study will be conducted at the beginning of the contract period to determine the current traffic impacts of the casino and hotel (§ 4.1). No other traffic studies will be made until either the Tribe proposes an Expansion or five years, which ever is earlier, but only if the City or the Tribe can demonstrate a 10% change from the Baseline Traffic Study. (§ 4.1.d.). 6. Expansion and Future Tribal EIR/Mitigation Measures. In the event the Tribe desires to undertake an Expansion of the casino or hotel or both (as specifically defined), the Tribe will be required to: (1) prepare a Tribal EIR; (2) provide notice to the City of the preparation of the Tribal EIR; (3) provide an opportunity for the City to comment on the Tribal EIR and the proposed mitigation measures; and (4) negotiate appropriate mitigation measures with the City (§ 4.2). A. The City and the Tribe are specifically required to negotiate in good faith as to: (1) whether the Mitigation Fees are adequate to mitigate the impacts of the proposed Expansion; (2) determine whether additional mitigation measures are needed to mitigate the impacts of the proposed Expansion; and (3) reasonably adjust the future Mitigation Fees remaining during the Term to or add additional measures to mitigate the proposed Expansion (§ 3.4.b). B. Any additional mitigation fees would be consistent with mitigation requirements imposed on developers to the extent they are based on the actual generation of comparable increases in traffic over that described in the Baseline Traffic Study (§ 4.1.g). R:/Agenda Re ports/Pech an ga Intergovernmental Agreement 2 23 10 C. Any failure to reach agreement following such good faith negotiations shall be subject to the arbitration provisions of the Agreement (§§ 3.4.b., 4.6 and 4.5). D. The term "Expansion" is defined in Section 2.10 to mean: ".. any increase in the number of Gaming Devices within the existing footprint of the Gaming Center beyond five thousand (5,000), or any increase exceeding ten percent (10 %) or more of the existing footprint or height of the buildings or structures within the Gaming Center, provided that alterations, renovations, maintenance, refurbishments, improvements, changes in configurations or uses, construction, or reconstruction, within the footprint or height of the Gaming Center, or improvements to the spa, porte cochere, surface parking, walkways, pool and common areas that serve or are within the Gaming Center, shall not be deemed to be an Expansion." E. The term "Gaming Center" is defined in Section 2.12 to mean: "... the present gaming facility and hotel located on the Reservation and consisting of approximately two hundred thousand (200,000+) square feet of gaming space plus back of the house and administrative offices and facilities that can accommodate various gaming and casino activities, including up to five thousand (5,000) Gaming Devices, employee rooms, offices and related space; a thirteen story hotel with five hundred twenty-two (522) guest rooms and supporting kitchens, offices, retail, housekeeping, telecommunications and other utility facilities; maintenance and storage spaces; convention, ballroom, classroom and meeting spaces; restaurants, bars, food courts, night clubs, retail spaces, lounges, regulatory, public safety, surveillance and guest services amenities and facilities; a one thousand two hundred (1200) seat theater; swimming and Jacuzzi pools, porte cocheres, and spa facilities and related areas located outside the hotel; surface parking and three parking structures for buses, trucks, SUVs and similar vehicles and automobiles, that can accommodate approximately eight thousand six hundred (8600) vehicles; and related common areas, roadways, sidewalks, storage and administrative facilities; all of which primarily serve the Gaming Center." 7. Government to Government Cooperation. The City and Tribe agree to promote a strong government -to -government agreement that commits each government to maintain open lines of communication (§ 3.7). 8. Dispute Resolution. The City and Tribe agree to resolve any disputes that arise under the Agreement through a two step process: 1) meet and confer in good faith in an effort to resolve the dispute, using a mediator if agreed to by the parties; and 2)if the dispute is not resolved through the meet and confer process, then it would be resolved by binding arbitration before a retired federal or state court judge. If the dispute concerns a Tribal EIR the arbitrator shall be a retired judge with experience in California Environmental Quality Act matters. The arbitrator would have authority to impose such mitigation measures as are described in the TEIR, the comments of the City or other persons concerning the TEIR, and such other mitigation measures as are reasonably necessary and feasible to mitigate the significant effects on the environment, but in accordance with the limitations in the Agreement. An award or order could be appealed to an appellate panel of arbitrators (§§ 7 and 8). 9. Sovereign Immunity. The City and the Tribe agree to waive governmental immunities, including the Tribe's sovereign immunity, in connection with any claims arising from the Agreement (§ 11). SUMMARY OF TERMS OF THE MEMORANDUM OF UNDERSTANDING CONCERNING LAW ENFORCEMENT SERVICES AT PECHANGA CASINO: 1. Parties. The Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino ("Law Enforcement MOU") is an agreement between the Tribe, City, County of Riverside ("County" and the Sheriff of Riverside County ("Sheriff"). R:/Agenda Re ports/Pech an ga Intergovernmental Agreement 2 23 10 2. Duties of Law Enforcement Parties. The Law Enforcement MOU recognizes the respective law enforcement duties of the Sheriff and the Tribe's public safety officers and their respective duties and authority under federal and state law. The MOU continues the cooperation of the respective law enforcement organizations and provide the framework for on-going cooperative law enforcement efforts (§ 1.A.). 3. Mitigation Fees to Fund Law Enforcement. Inconsideration of the Mitigation Fee described in the Intergovernmental Agreement, the City agrees to fund the Sheriffs response to calls for law enforcement service at the Gaming Center and the patrol of the zones of the City closest to the Gaming Center (§ 1.13.). 4. Assignment of Deputy. The Sheriff will assign one Sheriff's deputy on each shift to patrol in the patrol zone of the City closest to the Gaming Center and to be the deputy assigned to respond to calls for law enforcement services at the Gaming Center and to patrol the zones closest to the Gaming Center (§ 1.C.). A. The assigned deputy and other deputies shall not engage in random self - initiated patrols at the Gaming Center or on the Reservation but will only respond to calls for service at the Gaming Center as well as such further law enforcement actions as are required for these calls for service, such as active investigation and follow-up investigation of crimes reported to the Sheriff or other law enforcement agencies, searches for suspects and similar actions necessary for carrying out its law enforcement responsibilities with respect to such calls for service (§ 1.C.1)). B. The assigned deputy shall wear a "Riverside County Sheriffs" patch and drive a marked police vehicle with the "Riverside County Sheriffs" seal, provided that if an emergency response is required, any other deputies or Sheriff's vehicles may provide service (§ 1.C.3)). C. The Sheriff shall not be expected to provide gaming security or enforce tribal laws (§ 1.G.). 5. Dispute Resolution and Sovereign Immunity. The Law Enforcement MOU contains the same dispute resolution and sovereign immunity provisions as are in the Intergovernmental Agreement (§§ 2 and 4). 6. Indemnification. The parties each agree to defend, indemnify and hold the others harmless from liabilities arising from their activities under the Law Enforcement MOU (§ 5). DISCUSSION The Intergovernmental Agreement is an important and mutually beneficial means for furthering the government -to -government relationship between the Parties and in building trust, mutual respect, good will and cooperation for the benefit of the entire community. The mitigation funding described in the Intergovernmental Agreementwill enable the Cityto provide additional traffic improvements for the southwestern portion of the City to accommodate traffic from the Gaming Center and to provide necessary law enforcement services in this area. The Intergovernmental Agreement also provides the final funding link for the I-15/SR-79 South Interchange. This interchange will substantially improve the flow of vehicles on and off of the I-15 to the Gaming Center. Further, the Intergovernmental Agreement is intended to provide the Tribe and City with R:/Agenda Re ports/Pech an ga Intergovernmental Agreement 2 23 10 greater certainty concerning future planning and development activities. The Intergovernmental Agreement clearly spells out the processes forthe review any Expansion of the casino, restaurants and hotel and the framework for development of appropriate mitigation measures that would be needed for an Expansion. FISCAL IMPACT: The proposed Mitigation Fee will generate a minimum of $42 million over the term of the Intergovernmental Agreement, less anySDF money received bythe City from the state, but with CPI increases each year beginning in the sixth year. Additionally, the City will receive $10 million towards the 1-15/SR79 South Interchange either from grants secured bythe Tribe or from Tribal funds. The total funds available to the City over the term of the Intergovernmental Agreement would be $52 million with a rough estimate of an additional $13 million in CPI increases for years six to 21. ATTACHMENTS: 1. Resolution No. 10 - Intergovernmental Agreement Law Enforcement MOU R:/Agenda Re ports/Pech an ga Intergovernmental Agreement 2 23 10 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is dated and effective as of, March 9, 2010by and between the Pechanga Band of Luiseno Indians, a federally recognized Indian tribe (the "Tribe"), and the City of Temecula, California (the "City"), which are referred to herein collectively as "the Parties" and as to each as a "Party". The terms "City" and "Tribe" as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated. RECITALS WHEREAS, the Tribe is a federally -recognized Indian Tribe located on federal Trust Lands which are located within the geographic boundaries of Riverside County (the "County") and abut or are near City boundaries; and WHEREAS, the Tribe has inhabited the Temecula Valley for more than 10,000 years (or according to Tribal history and culture, since time immemorial); and WHEREAS, the Pechanga Indian Reservation was established by Executive Order of the President of the United States on June 27, 1882, affirming the Tribe's sovereignty and land -base; and WHEREAS, under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. ("IGRA"), the Tribe may engage in gaming as a means of promoting Tribal economic development, self-sufficiency and strong Tribal government; and WHEREAS, IGRA generally requires that Class III gaming be conducted pursuant to a Tribal -State Class III gaming compact; and WHEREAS, on or about September 10, 1999, and effective in May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA, which compact was amended effective March, 2008, and which compact and amendment is referred to herein as the "Compact;" and WHEREAS, the Tribe desires to operate Tribal economic development projects in a manner that benefits the Tribe, its members, and the community as a whole, and the City recognizes the mutual benefit that can be derived if those goals are achieved; and WHEREAS, the Tribe determined that a casino featuring Class II and Class III gaming activities, as authorized under IGRA and, with respect to Class III activities, the Compact, and a hotel and related parking, common areas and amenities (the "Gaming Center" as more specifically defined in Section 2.8) would be a way in which to generate independent Tribal resources to provide for the health, education, employment, government, general welfare, safety, and cultural needs of the Tribe and, accordingly, the Tribe has successfully developed and now operates and maintains the Gaming Center, which consists of an approximately 200,000 square foot casino, which includes seven restaurants and related amenities; a thirteen story 522 -room hotel; three parking structures plus surface parking that in total can accommodate at least 8,567 cars, recreation vehicles (RVs), buses; administrative, regulatory, maintenance and service 3/9/10 structures; and common areas related thereto. The Gaming Center has provided over 10,000 jobs with an overall economic impact of $500 million to Temecula alone and has enabled the Tribe to assist the City in obtaining approximately $6 million for the much needed bridge improvements on Pechanga Parkway over Temecula Creek, has provided $17 million toward off -reservation road improvements and public safety and, over the last eight years alone, has contributed over $9 million in donations to high schools and community organizations that provide critical support to the welfare of the region; and WHEREAS, in addition to the Gaming Center, which has become a major tourist attraction and brings millions of dollars into the local community, the Tribe has successfully developed on its lands other economic development or governmental projects that service the Tribe and the community, including a convenience store, golf course, cultural center, museum, gas station, car wash and RV park; and WHEREAS, the Tribe enacted an off -reservation environmental impact ordinance pursuant to the Compact to address any such off -reservation impacts from the Gaming Center and the possible mitigation of their effects, which ordinance makes a good faith effort to incorporate the policies and purposes of the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act ("NEPA"); and WHEREAS, the Compact requires that for future "Projects" as defined in the Compact the Tribe must engage in certain specified environmental review processes and further provides for the Tribe and any impacted city and county to enter into enforceable written "Intergovernmental Agreements" for mitigation of Off -Reservation Environmental Impacts, public safety services, and other specified programs; and WHEREAS, the Parties recognize that this Agreement therefore is an important and mutually beneficial means for furthering the government -to -government relationship between the Parties and in building trust, mutual respect, good will and cooperation for the benefit of the entire community. Further, this Agreement is intended to provide the Tribe and City with greater certainty concerning future planning and development activities. Accordingly, this not only addresses the current Gaming Center, but anticipates how issues that might arise in the future regarding its further development will be guided, and serves as the Intergovernmental Agreement provided for in the Compact so as to ensure cooperation and understanding between the Parties for generations to come. NOW, THEREFORE, the Parties agree as follows: SECTION 1. PURPOSE OF AGREEMENT 1.1. The purpose of this Agreement is to set forth certain agreements of the parties that are intended to: a. Assure the implementation of measures for mitigating the Off -Reservation impacts of the Gaming Center, as set forth in this Agreement; 3/9/10 2 b. Establish a mutually agreeable process to identify and mitigate potential Off -Reservation environmental impacts of future Gaming Center development, including a process that meets or exceeds the processes required under the Compact; C. Create a process to resolve future disputes that may arise between the City and the Tribe under the Compact and this Agreement; d. Create a framework for continuing to build and maintain a mutually beneficial government -to -government relationship between the Tribe and the -City; and e. Identify ways for the Tribe and the City to work together to provide services and benefits to the Tribal community and the residents of the City of Temecula. £ Provide certainty with respect to future planning and development activities. SECTION 2. DEFINITIONS. The following terms shall be defined in this Agreement as set forth in this Section: 2.1. "Agreement" means this agreement, which shall be deemed to be the Intergovernmental Agreement between the Parties as required under Section 10. 8.8 of the Compact. 2.2. "Anniversary Date" means the date defined as such in Section 3.4 below. 2.3. "Baseline Traffic Study" mean the traffic study defined as such in Section 4.1 a. 2.4. "CEQA" means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et seq. 2.5. "City" means the City of Temecula, an incorporated California city that is located within the boundaries of the County. 2.6. "Compact" means the Tribal -State Compact between the State of California and the Tribe entered into on or about September 10, 1999, and effective in May, 2000, and amended effective March, 2008. 2.7. "County" means Riverside County, California. 2.8. "Effective Date" means the date this Agreement is executed by both Parties and so designated above in the introduction to this Agreement. 2.9. "Exempt Project" means any activity which, although initially defined as a "Project" herein or in the Compact, would be exempt under CEQA. 2.10. "Expansion" shall mean any increase in the number of Gaming Devices within the existing footprint of the Gaming Center beyond five thousand (5,000), or any increase exceeding 3/9/10 ten percent (10 %) or more of the existing footprint or height of the buildings or structures within the Gaming Center, provided that alterations, renovations, maintenance, refurbishments, improvements, changes in configurations or uses, construction, or reconstruction, within the footprint or height of the Gaming Center, or improvements to the spa, porte cochere, surface parking, walkways, pool and common areas that serve or are within the Gaming Center, shall not be deemed to be an Expansion. 2.11. [This section intentionally omitted.] 2.12. "Gaming Center" means the present gaming facility and hotel located on the Reservation and consisting of approximately two hundred thousand (200,000 square feet of gaming space plus back of the house and administrative offices and facilities that can accommodate various gaming and casino activities, including up to five thousand (5,000) Gaming Devices, employee rooms, offices and related space; a thirteen story hotel with five hundred twenty-two (522) guest rooms and supporting kitchens, offices, retail, housekeeping, telecommunications and other utility facilities; maintenance and storage spaces; convention, ballroom, classroom and meeting spaces; restaurants, bars, food courts, night clubs, retail spaces, lounges, regulatory, public safety, surveillance and guest services amenities and facilities; a one thousand two hundred (1200) seat theater; swimming and Jacuzzi pools, porte cocheres, and spa facilities and related areas located outside the hotel; surface parking and three parking structures for buses, trucks, SUVs and similar vehicles and automobiles, that can accommodate approximately eight thousand six hundred (8600) vehicles; and related common areas, roadways, sidewalks, storage and administrative facilities; all of which primarily serve the Gaming Center. 2.13. "Gaming Device" means a Gaming Device as defined in Section 2.6 of the Compact. 2.14. "IGRA" means the Indian Gaming Regulatory Act, 25 U.S.C.§ 2701 et sec. 2.15. "Mitigation Fee" means the fee or fees referred to as such in Section 3.4 below, and is intended to provide further and final mitigation with respect to the Gaming Center (i) in accordance with subsection 3.4.a. so long as there has been no Expansion, and (ii) in accordance with Subsection 3.4.b. if there has been an Expansion. 2.16. "Original Compact" means the compact between the State of California and the Tribe executed in 1999 (and effective in 2000), and similar to compacts entered into between the State and approximately 57 other tribes at the time. 2.17. "Reservation" means those lands held in trust by the federal government for the benefit of the Tribe, including but not limited to the lands on which the Gaming Center is located. 2.18. "Project" means an activity defined as a "Project" in Section 10.8.7 of the Compact and shall not include an Exempt Project. 2.19. "SDF Payment" means monies received by the City from the State Distribution Fund ("SDF") that was created under State law pursuant to the Original Compact and into which the Tribe made contributions prior to the Compact's amendment in 2008. Although payments by 3/9/10 the Tribe to the State under the amended Compact are not required to be allocated to the SDF, those payments to the State are far in excess of what the Tribe was paying to the State for the SDF under the Original Compact, and the State may continue to appropriate some of such money to the SDF or similar uses that benefit the City. In addition, the State has some funds remaining in the original SDF that have not yet been paid to the City. Any payment received by the City from or through the State related to Indian gaming revenues therefore shall be included within the term "SDF Payment." 2.20. "Significant Effect on the Environment' shall be as defined in -Section 10.8.7 (b) of the Compact as a Significant Effect on the Off -Reservation Environment. 2.21. "Tribal Environmental Impact Report" or "TEIR" is the report described in, and subject to, Section 10.8.1 of the Compact. 2.22. "Tribe" means the Pechanga Band of Luiseno Indians, a federally recognized Indian tribe. 2.23. "Term" means the period from the Effective Date through December 31, 2030 as further described in Section 13.8 of this Agreement. 2.24. Capitalized words not otherwise specifically defined in this Agreement shall have the definitions of such words as may be set forth in the Compact. SECTION 3. GAMING CENTER MITIGATION MEASURES. 3.1. Review of Existing Gaming Center Environmental Reports. a. Prior to the construction of the facilities for the Gaming Center, the Tribe conducted and completed an environmental study and process under the Original Compact, which included the adoption of mitigation measures designed to address the facilities anticipated in the study. Commencing with the legislative approval of the Amended Compact in August 2006, and on a government -to -government voluntary basis, the Parties have met periodically to review the off -reservation impacts of the Gaming Center. b. The Parties acknowledge that the establishment of the Gaming Center may create off -reservation impacts, including but not limited to the generation of vehicle traffic and traffic -related events, law enforcement services, fire and emergency medical services, noise and light and related factors, and other effects. The parties also acknowledge that the Gaming Center has provided substantial benefits to the Tribal, City and surrounding communities, including increased employment, an important market for local vendors, and an attraction for patrons, tourists and revenues from out of the area. 3.2. Intergovernmental Agreement. 3.3. The Parties recognize that both the positive and negative effects of the Gaming Center on the interests of the Parties may be difficult to quantify, but in the government -to - government spirit that underlies this Agreement, and in order to address any off -reservation effects of the Gaming Center and resolve differences of opinions between the Tribe and City as 3/9/10 to the extent and materiality of any such effects, the Parties have agreed to add certain mitigation measures that take all of those positive and negative effects into account. The mitigation measures embodied in this Agreement, including but not limited to the Mitigation Fee, and this Agreement itself, are intended to constitute the Intergovernmental Agreement between the Tribe and the City to the extent required under Section 10.8.8 of the Compact with respect to the Gaming Center. a. The Tribe and the City agree that any Significant Effects on the Environment from the Gaming Center will be adequately mitigated by the Tribe as required by the Compact through its mitigation efforts completed prior to the adoption of this Agreement and through the Mitigation Fee provided in Section 3.4 of this Agreement. b. The Tribe and the City agree that this Agreement provides a fair process for determining whether any Expansion will have a Significant Effect on the Environment and, if so, the measures, if any, that will be required to adequately mitigate those effects as required by the Compact. 3.4. Mitigation Fees. a. The Tribe shall pay Mitigation Fees to the City on an annual basis during the Term in the following amounts, each of which shall be subject to the credit for SDF Payments described in Section 3.4.a.iii: i. On or before June 30, 2010 (June 30 of each year shall be known as the "Anniversary Date"), the sum of Two Million dollars ($2,000,000). ii. For each succeeding year , the following amounts: A. The sum of Two Million dollars ($2,000,000) on or before the second, third, fourth and fifth Anniversary Dates; B. On or before the sixth Anniversary Date, the sum of Two Million dollars ($2,000,000) adjusted upward or downward in accordance with the direction and percentage of change from the prior year in the annual Consumer Price Index for the metropolitan area closest to the City of Temecula last published prior to the date such payment is due ("CPP'), by multiplying such percentage change in the CPI by $2,000,000 and adding or subtracting such amount, as the direction of the change may dictate, and C. On or before each Anniversary Date thereafter during the Term, the amount due with respect to the last Anniversary Date, adjusted upward or downward in accordance with the direction and percentage of change from the prior year in the CPI, by multiplying such percentage change in the CPI by the amount of such prior amount due and adding or 3/9/10 6 subtracting such amount, as the direction of the change may dictate; and D. A last and final Mitigation Fee payment under this Agreement, which shall be paid on or before the Anniversary Date that falls within the year 2030, adjusted as in the preceding subparagraph C. iii. Each Mitigation Fee due annually under subsection i. or ii. shall be reduced by the amount of any SDF Payments received by the City in the same year such Mitigation Fee payment is due (or if received after payment of the Mitigation Fee in that year, shall so reduce the following year's payment), except that any SDF Payment received by the City after the last and final Mitigation Fee payment was received by it shall be refunded to the Tribe on or before the next June 30th. iv. In addition to the Mitigation Fee payments set forth in subsections i through iii above, on or before the fifth Anniversary Date, the Tribe shall pay to the City a Mitigation Fee in the amount of Ten Million dollars ($10,000,000). Such Mitigation Fee shall be reduced by the amount of any federal or state grant or other funding (including but not limited to a grant or funding with respect to improvements related to any I-15/SR-79 interchange) ("Government Grant") received by or committed to the City or for the City's benefit during that or the following year through the efforts in whole or in part of the Tribe Funding under such circumstances may be in installments, as such Government Grant shall be authorized, provided that if it is finally determined in good faith that such funding, although in process will not in fact occur, such Mitigation Fee (or such portion thereof as will not be funded) shall be paid by the Tribe on or before June 30th following such final determination. In the event the Tribe pays all or any portion of the $10 million Fee described in this subsection iv while an application for a Government Grant is pending and such Government Grant is later received by the City, the Tribe shall be given credit for the amount received, up to $10 million, against future Mitigation Fees due under subsections i and ii, adjusted if applicable by subsection iii. The Mitigation Fee in this subsection iv shall not be subject to a CPI adjustment. 3.5. The foregoing Mitigation Fees shall be deemed to be mitigation provided in connection with any Expansion during the Term, provided that within sixty (60) days following the issuance of a Final TEIR in connection with an Expansion, either Party may request to reopen Section 3.4 for the limited purpose of negotiating and reaching agreement with the other parry in good faith as to whether: (1) these Mitigation Fees are adequate to mitigate the identified off -reservation impacts of the proposed Expansion; (2) additional mitigation measures are needed to mitigate the identified off -reservation impacts of the proposed expansion; and (3) the future Mitigation Fees remaining during the Term should be adjusted or mitigation measures should be added, in accordance with this Agreement, in order to mitigate the proposed Expansion. Any failure to reach agreement following such good faith negotiations shall be subject to the arbitration provisions set forth in Section 8. 3/9/10 3.6. Law Enforcement Services Generally. Both the City and the County rely on the services of the Riverside County Sheriff s Department ("Sheriff's Department") to meet the law enforcement needs that arise within their respective jurisdictions, including the Public Law 280 duties of the County and State with respect to the Tribe, the reservation and the Gaming Center. In addition, the Tribe has its own force of public safety and security officers that are assigned to the Reservation and the Gaming Center. There is a good working relationship between and among the Tribe, the City, the County and the Sheriff's Department with respect to meeting law enforcement needs that arise on or in connection with activities at the Gaming Center and on the reservation. a. The Parties have determined that the Mitigation Fees agreed to in Section 3.4 above are sufficient to ensure that the City and County law enforcement needs that are directly related to the Gaming Center can be adequately met, subject to any adjustment up or down per Section 3.4. The City, through contractual agreements with the County, provides law enforcement to the areas surrounding the Gaming Center. Concurrently with the approval of this Agreement, the Tribe, City, County of Riverside and the Sheriff of Riverside County have entered into that certain "Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino," a copy of which is attached hereto as Exhibit A (the Law Enforcement MOU"). The Law Enforcement MOU provides that the City will ensure that the cost of law enforcement directly or indirectly related to the Gaming Center will be met, and agrees to apply sufficient funds from the Mitigation Fees and SDF Credits to meet such needs. Notwithstanding the foregoing, the specific allocation of such Mitigation Fees for such purposes shall be at the discretion of the City (except as the SDF Credits may be controlled by law). b. The assignment of law enforcement officers to the extent necessary to make arrests under State law and fulfill PL 280 functions with respect to the Gaming Center or the reservation (except in emergencies) shall be made in cooperation and through ongoing dialogue between Tribal and City/County law enforcement. Nothing in this Agreement or any other contract with the City or the Sheriff is intended or shall be construed to expand or limit the jurisdiction of the City, the County or the Sheriff beyond that which would be exercised pursuant to Public Law 280. Nothing in this Agreement or other contract with the County or Sheriff is intended, or shall be construed, to expand or limit the jurisdiction of any Tribal law enforcement agency beyond that which would be exercised pursuant to applicable law. 3.7. Fire And Emergency Services. a. The Parties acknowledge that the Tribe's development, construction, operation and maintenance of the Gaming Center require fire protection and emergency response services. Much of that need is fulfilled by the construction and operation of the Tribe's own fire department on the Reservation. Nevertheless, from time to time the fire protection and emergency response services available from the Tribe's own departments may require supplemental services from the County. b. The Tribe and the City shall cooperate on a government -to -government basis to promote public safety and to provide the Tribe with such mutual aid and automatic aid for supplemental fire and emergency services, on a cooperative basis, as is offered to neighboring cities and unincorporated County areas. At present, a mutual aid agreement exists 3/9/10 8 between the Tribe and the appropriate agencies concerning fire and emergency services. If necessary, the parties agree to diligently and in good faith negotiate a more detailed mutual aid and automatic aid agreement, similar in its terms to those between the Tribe and other jurisdictions, to further implement the intent of this Section that the City and the Tribe cooperate in providing effective and efficient fire and emergency services to the Gaming Center and the surrounding community. C. The Tribe has in place an emergency preparedness plan that addresses evacuation and access issues. The City and Tribe shall consult and coordinate services to further develop the plan and to prepare to respond to any emergency at the Gaming Center. d. The Tribe shall consult with the City, and the City shall cooperate with the Tribe, regarding the use, storage, disposal, and transportation on roads within the City of any and all hazardous materials to be used by the Gaming Center. Nothing in this Agreement shall expand the City's jurisdiction regarding regulation of hazardous materials. 3.8. Regular Meetings of the Parties. In an effort to maintain and promote good government to government relations between the Tribe and the City, the parties' designated representatives shall meet on a regular basis every six (6) months to discuss issues of mutual interest. SECTION 4. FUTURE ENVIRONMENTAL REVIEW AND MEASURES 4.1. Traffic Studies. hi addition to the promises and covenants otherwise contained in this Agreement, the Parties acknowledge that it is uncertain whether an Expansion will create a Significant Effect on the Environment.. hi particular, the Parties recognize and acknowledge that an Expansion, depending on its nature and extent, could create certain increased demand and resulting costs for public services to be provided by the City and increased traffic in the area of the Gaming Center and roads leading to Interstate 15. Additionally, the Parties acknowledge and recognize that given the improvements made to the area of the Gaming Center by the Tribe and City through this Agreement, through any Expansion, or otherwise, the updated Baseline Traffic Studies provided in this section and the TEIR might conclude that an Expansion may not require additional mitigation measures to mitigate its off -reservation impacts. The City has further identified the Temecula Parkway/Interstate 15 Interchange as a possible interchange improvement in the area and the parties agree that such an improvement will need to be carefully reviewed. Because any potential increase in traffic is a measurable method of determining an Expansion's Off -Reservation impacts, the Parties have agreed that in the event of an Expansion, it is necessary to provide for a method acceptable to the parties to measure the relative increase of traffic attributable to the Expansion of the Gaming Center. Accordingly, in the event of an Expansion, the parties agree to proceed in good faith to mitigate resulting adverse Significant Effects on the Environment created by an Expansion as follows: a. Baseline Traffic Study. Within sixty (60) days of the Effective Date, the Tribe and the City shall meet and confer on a traffic study that is mutually acceptable, including giving good faith consideration as a preference to the possible use of traffic studies that have already been conducted by the Tribe, but if the parties cannot agree, to determine the most feasible and economic way to jointly conduct a traffic study, paid for in equal shares by the 3/9/10 9 Parties. The traffic study agreed upon (the `Baseline Traffic Study") shall serve as a baseline to objectively measure the actual current traffic conditions resulting from the Gaming Center separately from all other users of the key roadways and intersections. b. It is agreed by the parties that the Baseline Traffic Study will utilize the data set collected by the Tribe in June 2008. C. The Baseline Traffic Study shall measure and identify the total traffic along Pechanga Parkway between Temecula Parkway (SR 79) and Pechanga-Road and at the Gaming Center driveways on a daily basis (ADT's) and at the key intersections along Pechanga Parkway during the AM, PM, evening peak hours on a typical weekday and a typical Saturday. d. No other traffic studies shall be referred to or used under this Agreement, until and unless an Expansion is undertaken in accordance with the TEIR process in the Amended Compact, or at or after the fifth Anniversary Date, whichever first occurs, but only if one of the Parties can demonstrate an increase or decrease of ten percent (10%) or more from the Baseline Traffic Study's weekday evening peak hour ADTs attributable to the Gaming Center. To demonstrate an increase, a Party must submit prima facie documentation complying with industry standards for measurement of off -reservation traffic impacts, such as a traffic mitigation study or some similar type of traffic count study. Any submissions of prima facie documents for an additional traffic study must be submitted to the other party within 60 days of the fifth Anniversary Date or the issuance of the final TEIR, depending on whether the event used to justify the timing for considering an update is the fifth Anniversary Date or an Expansion. e. If the prima facie documentation shows a substantial increase or decrease in traffic attributable to the Gaming Center from that set forth in the Baseline Traffic Study, then the Parties agree to conduct a traffic study for the purpose of comparing the data to the Baseline Study in order to objectively measure the actual off -reservation traffic impacts attributable to the Expansion and to update the Baseline Traffic Study. f The parties agree to utilize the measurements in an updated Baseline Traffic Study for the purposes of determining whether any additional mitigation fees are reasonably necessary with respect to the increased off -reservation traffic impacts from the Expansion or the Gaming Center. g. The additional mitigation fees, if any, shall not exceed an amount that is (1) necessary to mitigate off -reservation traffic impacts related to the Expansion as identified in the updated Baseline Traffic Study and TEIR and (2) proportional to the traffic generated by the Gaming Center and Expansion when compared to the traffic in the area analyzed in the Baseline Traffic Studies that is generated from sources other than the Gaming Center. The additional mitigation fees for off -reservation traffic impacts shall be consistent with mitigation requirements imposed on developers of projects within the City to the extent they are based on the actual generation of a comparable increase in traffic over that set forth in the Baseline Traffic Study. While the Tribe acknowledges and recognizes that such comparisons can be difficult because the development agreement process of Government Code Section 65864 authorizes the City to require mitigation that may exceed a developer's proportional share of traffic generation, 3/9/10 10 the parties agree to cooperate in determining what the actual fees would be if they were lowered to reflect a developer's actual proportional share of traffic generation. 4.2. TEIR. In the event that an Expansion is undertaken, the Tribe shall prepare a TEIR pursuant to Section 10.8.1 of the Compact and shall follow the processes required in Sections 10.8.2, 10.8.3, 10.8.4 and 10.8.5. The Tribe shall notify the City of the filing of the Notice of Preparation of the Draft TEIR and provide the City with a copy of the Notice of Preparation at the time the Notice of Preparation is filed with the State Clearinghouse in the State Department of Planning and Research ("State Clearinghouse"). The Tribe shall notify the City of the filing of the Notice of Completion of the TEIR and provide the City with a copy of the TEIR at the time the Notice of Completion is filed with the State Clearinghouse. The Tribe shall maintain an administrative record of the TEIR process, the documents cited in the TEIR, the comments received on the TEIR during the public comment periods, and such other studies and documents relied on in the preparation of the TEIR and the Final TEIR so as to provide an adequate basis for the resolution of any disputes pursuant to Sections 7, 8 and 9 of this Agreement. 4.3. Existing Off -Reservation Impacts. The Parties agree that any existing off - reservation environmental impacts from the Gaming Center, including future additional traffic impacts from the Gaming Center, but not an Expansion, will not be the subject of any additional Mitigation Fee or mitigation plan, including any mitigation plan under the TEIR process in the Amended Compact, except as set forth in this Agreement. 4.4. Meet and Confer Requirements Regarding the TEIR and Intergovernmental Agreement. a. Not later than fifteen (15) days following the filing of the Notice of Completion of the Draft TEIR with the State Clearinghouse, the Parties shall commence diligent and good faith negotiations, to discuss and reach agreement on the contents of the Draft TEIR, the primary objective of which is to provide for the timely mitigation of adverse Significant Effects on the Environment, where such off -reservation impacts: i. Are primarily attributable to the Expansion being proposed; ii. Occur outside of the geographic boundaries of the Tribe's existing or proposed Trust Lands and within the geographic boundaries of the City; and; iii. Are within the jurisdiction or responsibility of the City. b. Not later than fifteen (15) days after the filing of the Notice of Preparation with the State Clearinghouse, the Parties shall commence diligent and good faith negotiations, to discuss and reach agreement on an amendment to this Intergovernmental Agreement to implement additional mitigations measures, modified mitigation measures described in this Agreement or a combination of both, to the extent the parties agree that such measures are reasonably required to address the environmental impacts described in the TEIR or the comments thereto. 3/9/10 11 4.5. Binding Arbitration. If the Parties, after meeting and conferring consistent with Section c. above, have not approved, executed and delivered an Amended Intergovernmental Agreement for the Expansion, within fifty-five (55) days after the date of the publication of the Final TEIR, or such other date as the Parties may mutually agree in writing, either party may initiate the binding arbitration dispute resolution processes contained in Section 8 of this Agreement and 10.8.9 of the Compact. The Parties may extend this time by mutual written agreement. SECTION 5. EFFECT OF FEDERAL LAWS REGARDING ENVIRONMENTAL MATTERS. 5.1. Notwithstanding any provision to the contrary, the Parties acknowledge that the Tribe is subject to federal laws and regulations regarding the environment and health and safety, including but not limited to the Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Indian Gaming Regulatory Act, and Occupational Safety and Health Act, and permit conditions including but not limited to conditions in any NPDES permits. Except as provided below, the Parties agree that the matters regulated by these laws, regulations, and permits shall be matters that are between the Tribe and the federal agency having jurisdiction over such statutes, regulations, and permits, and a violation of such statutes, regulations, and permits shall not be considered in conflict with this Agreement or a required part of it. Consistent with the above, the City shall retain whatever rights it may have with respect to participation in the matters regulated by these laws, regulations, and permits, including without limitation, the rights to take such administrative or legal actions as may be necessary to protect is rights in accordance with the statutes and regulations applicable to the federal agency conducting the proceedings, shall be deemed to have waived any right it might otherwise have under this Agreement to compel arbitration or meet the City's concerns about that aspect of the Project under this Agreement. 5.2. Any dispute or disagreement the City has with a federal process or its outcome thus shall only be subject to the remedies available in such process and not through the dispute resolution or other provisions of this Agreement. 5.3. Nothing herein shall be construed as limiting the Parties' respective rights to reach agreement on a voluntary basis with each other over such matters outside such federal process, subject to applicable law and the sole discretion of each party as to whether or not to negotiate or agree on such matters outside the context of the federal process itself. SECTION 6. CONFIDENTIALITY OF PROPRIETARY INFORMATION 6.1. To the extent authorized by the California Public Records Act (Government Code Section 6250 et seq.), and subject to all provisions of such Act, the Parties agree that proprietary and confidential operational and financial information concerning the Gaming Center shall be deemed confidential and shall not be shared with any third party. The Parties acknowledge and agree that such proprietary information includes found documents obtained, observations made, or conclusions drawn directly or indirectly under this Agreement concerning the proprietary operation or financial information concerning the Gaming Center including without limitation, where the source or information comes from, inspection reports, plan reviews, and all 3/9/10 12 documents related to examinations of financial information, negotiations, consultations, disputes or other activities under this Agreement. 6.2. Prior to providing such information to the City, or permitting City access to such information, but without implying that providing such access or information is necessarily required, the Tribe shall notify the City in writing that such information is confidential or proprietary. 6.3. The City shall promptly provide the Tribe notice of any Public Records Act request related to this Agreement and shall afford the Tribe, within the time limits allowed under the Act, an opportunity to seek an injunction by the Court against any such disclosure. SECTION 7. DISPUTE RESOLUTION 7.1. Meet and Confer Process a. In recognition of the government -to -government relationship between the Tribe and City, the Parties shall make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, the Parties hereby establish a threshold requirement that disputes arising under this Agreement shall first be subject to a good faith meet and confer procedure to give the Parties an opportunity to work together to solve identified issues. b. Disputes arising between the Parties regarding a party's alleged failure to meet its obligations imposed by this Agreement, including a refusal to meet and confer, shall be addressed through the following process: C. The Parties may meet and confer informally to discuss their concerns. This stage may include an informal exchange of views among Tribal and City personnel and may remain confidential in accordance with applicable law. d. A party desirous of invoking the meet and confer provisions of this Agreement shall provide written notice to the other party, identifying with specificity the alleged issue or issues and the actions requested to resolve the dispute. Within seven (7) business days after receipt of the notice, the recipient shall provide a written response agreeing or disagreeing with the complaint. If the party agrees it will set forth detailed steps to address the alleged breach of the Agreement. If the Parties disagree, they shall proceed in accordance with the next subsection. e. The Parties shall formally meet and confer in good faith within ten (10) business days of receipt of such notice, or at such other time as the Parties may agree in writing, to attempt to resolve the dispute. If both Parties agree, a mediator may be used to help resolve the dispute at this stage. The Parties and mediator, if any, shall ensure that any disputed issues are clearly and directly communicated according to any agreed upon process and timeline. Multiple meetings under this step may be reasonably required depending upon the nature of the dispute, provided that the meet and confer process shall be completed within thirty (30) days of formal initiation unless extended in writing by mutual agreement of the Parties. Failure to 3/9/10 13 substantially comply with the procedures and timelines contained in this Section with respect to an Expansion shall entitle the complaining party to proceed directly to arbitration. f To the extent allowed by law, such writings as may be prepared and transmitted between the Parties pursuant to this subsection 7.1 shall be confidential. SECTION 8. BINDING ARBITRATION PROCEDURE 8.1. Subject to compliance with the meet and confer process stated above and the limitations herein as to the scope of any order, either party may initiate binding arbitration to resolve any dispute arising out of this Agreement regarding the interpretation of any the Agreement's provisions and/or rights and obligations of the Parties under the Agreement. 8.2. The arbitration shall be conducted by arbitrator(s) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (the "Rules") then in effect at the time of the initiation of arbitration. The arbitration shall take place in or near Temecula, including any location on the Reservation, or at another location mutually agreed upon by the Parties. The arbitrator shall be a retired federal or California superior court judge selected pursuant to the following terms: a. The arbitrator shall be from the list of prior approved arbitrators with experience in matters concerning the California Environmental Quality Act. b. In the event the Parties cannot agree upon an arbitrator, the Parties agree that Rule 15 of the Rules shall govern the selection of the arbitrator. C. Subject to the terms of this Section, the arbitrator shall have jurisdiction to interpret and apply the terms of the Compact and this Agreement, but shall lack jurisdiction to modify the Agreement or relieve a party of its obligations, or add to those obligations under the Agreement, except in the event that material terms of this Agreement are determined to be void or that the provisions of the Compact are in material conflict with the terms of this Agreement. In the latter instance the arbitrator may order the Agreement modified to conform to the Compact, with the least change necessary in order to maintain the relative positions of the Parties at the time the Agreement was entered into. d. This Agreement does not provide for, and the arbitrator shall not have jurisdiction to order, remedies with respect to federal, state, Tribal or City laws, regulations, ordinances, codes or other laws against the City or the Tribe, including its government entities, officials, members or employees or its real property, and shall only consider or evaluate such laws and issue such orders as expressly permitted under this Agreement. e. In the event the dispute concerns the failure to prepare a TEIR or the adequacy of a TEIR for an Expansion, the Arbitrator shall have the authority to order the Tribe to comply with the requirements of this Agreement with respect to the TEIR, including, without limitation, the revision and recirculation of the TEIR. f. In the event the dispute concerns the adequacy or extent of measures necessary to mitigate Significant Effects on the Environment, the Arbitrator shall have the 3/9/10 14 authority to impose such mitigation measures as are described in the TEIR, the comments of the City or other persons commenting on the TEIR, the Final EIR and such other mitigation measures as are reasonably necessary and feasible to mitigate the Significant Effects on the Environment, but in accordance with the limitations in this Agreement. g. Except as provided above with respect to the impact of an Expansion, arbitration orders and awards may not include monetary awards, and such monetary awards related to an Expansion shall be limited to the amount the Arbitrator determines as necessary to mitigate a Significant Effect on the Environment on the basis of the information contained in the administrative record of the Tribe's proceedings to approve the TEIR and adopt mitigation measures, and shall not exceed the limits in this Agreement. h. Equitable relief shall be limited to compelling some actual performance that is expressly described in this Agreement or preventing a party from failing to take such action. i. Any controversy regarding whether an issue is subject to arbitration shall be determined by the arbitrator, but the arbitrator's jurisdiction shall be limited to ordering forms of relief agreed to in this Agreement. j. The Arbitrator shall render an award consistent with Rule 30 of the Rules. The Parties agree to be bound by the provisions of Rule 17 of the Rules relating to informal and formal discovery rights and obligations, subject to the agreement of the Parties or order of the Arbitrator otherwise. In any event, any discovery conducted shall be subject to the confidentiality provisions of this Agreement to the extent such provisions may be lawfully enforced, and the Arbitrator shall make such orders as are necessary to enforce such provisions. k. Following an arbitration order or award, either Party may appeal pursuant to the JAMS Rules re appeals from arbitration. In the event appeal is sought, no order of the arbitrator shall be considered to be final until the appeal is concluded, including any matters that may be pending as to such order by a reviewing court under Section 9. SECTION 9. JUDICIAL REVIEW AND ENFORCEMENT 9.1. The Parties agree that the prevailing party in any arbitration contemplated under Section 8 hereof may seek to confirm and enforce any arbitration award that has become final by filing a petition with any Superior Court in the State of California, pursuant to the provisions of California Code of Civil Procedure, Section 1285 et seq. In any arbitration or court action, each party shall bear its own costs and attorneys' fees in any court action or arbitration proceeding brought pursuant to this Agreement. 9.2. Nothing in this Agreement shall preclude or restrict the ability of Parties to voluntarily pursue, by mutual agreement, any other method of dispute resolution. SECTION 10. NOTICES 10.1. Notices pursuant to this Agreement and service of process in any judicial or arbitration proceeding contemplated under this Agreement is waived in favor of delivery of 3/9/10 15 documents by (i) 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 (ii) by Certified Mail — Return Receipt Requested to the following: 10.2. 10.3 For the Tribe: Tribal Chairperson Pechanga Band of Luiseno Indians 12705 Pechanga Road Temecula, CA 92592 Tel: 951-676-2768 With a copy simultaneously delivered to: Jerome L. Levine Holland & Knight, LLP 633 W. 5th Street, Suite 2100 Los Angeles, CA 90071 Tel: 213 896 2565 For the City: City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Tel: 951-694-6444 Office of Legal Counsel Pechanga Band of Luiseno Indians 12705 Pechanga Road Temecula, CA 92592 Tel: 951-676-2768 With copy simultaneously delivered to: Peter M. Thorson Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Tel: 213-626-8484 10.4. Either Party may change the names and address to which notices and service of process may be delivered by written notice to such persons as listed in the subsection or by subsequent notice of changes. SECTION 11. MUTUAL LIMITED WAIVER OF SOVEREIGN IMMUNITY 11.1. The Parties agree that the Parties' waiver of immunity from arbitration, or from suit related thereto, or the enforcement of any order or judgment related thereto, is limited to the express provisions of Sections 8 and 9 of this Agreement, and neither the agreement to arbitrate nor any other provision of this Agreement shall be construed as creating any implied waiver of such immunity. 3/9/10 16 11.2. The Parties each expressly covenant and agree that they may each sue and be sued with respect to the resolution of disputes in arbitration and the judicial enforcement thereof, as provided in Sections 8 and 9 above, to resolve through arbitration any controversy arising from this Agreement or to enforce or interpret the terms and conditions of this Agreement through arbitration, as provided for in this Agreement. The Parties, their officers and agents expressly agree to waive governmental immunities, including sovereign immunity, in connection with any claims arising from this Agreement as provided for herein for the enforcement of any arbitration award, or judgment to enforce such an award as a result of this Agreement. The Parties further consent to the jurisdiction of an arbitrator and/or specified court under this Agreement including the consent to be sued and bound by a lawful order or judgment with respect to such arbitration and to the extent provided for herein. Each of the Parties represent that its agreement to such dispute resolution processes and waivers has been effectively and lawfully granted and that nothing further needs to be done to effectuate those processes. 11.3. With respect to any action arising out of the Agreement for which there is a waiver of sovereign immunity, the Tribe and City expressly consent to the jurisdiction of the United States District Court for the Central District of California and, as limited herein to, the Superior Court of the State of California for Riverside County and all related appellate courts, and/or an arbitrator selected pursuant to this Agreement and specifically waive sovereign immunity for that purpose. The Parties specifically agree that the applicable court shall have jurisdiction to enter judgments enforcing the arbitration rights and remedies provided for in this Agreement which shall be binding and enforceable on the Parties, subject to the limitations set forth in this Agreement. No party to this Agreement shall contest jurisdiction or venue of the above -referenced courts, provided their jurisdiction and venue are invoked in the order specified, but only for disputes or claims arising out of this Agreement. Neither the Tribe nor the City shall plead or invoke the doctrine of exhaustion of Tribal or other administrative remedies, defenses of immunity or indispensable Parties beyond those contemplated in this Agreement. 11.4. The City and the Tribe may not join or consent to the joinder of any third party to any action (including but not limited to any arbitration) contemplated herein, unless failure to join such party would deprive the court or arbitration tribunal of jurisdiction; provided that nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity or other protection from lawsuit (or other dispute resolution process), or the effect, orders or judgments thereof, of either the Tribe or the City with respect to any claim of any kind by any such third party. In the event of intervention by any third party into any such action without the consent of the Tribe and the City, nothing herein shall be construed to constitute a waiver of any immunity with respect to such third party, and no arbitrator or court shall have jurisdiction to award any relief or issue any order as against the City or Tribe with respect to such third party in that or any other proceeding. SECTION 12. CEQA REVIEW 12.1. Pursuant to Government Code Section 12012.49, and in deference to tribal sovereignty, the approval and execution of this Agreement by the Parties is not a project within the meaning of CEQA because this Agreement has been negotiated pursuant to the express authority of the Compact, and specifically Section 10.8.8 of the Compact. 3/9/10 17 12.2. By approving, executing and performing this Agreement the City has not, and is not, making any commitment to (a) issue a lease, permit, license, certificate or other entitlement for use, or (b) develop, construct or improve any facilities or cause any other physical changes in the environment. 12.3. This Agreement is intended to, and shall be construed, to be a government payment and funding mechanism that does not commit the City to make any specific physical changes in the environment. 12.4. Pursuant to Government Code Section 12012.49, if the City determines that it is required to comply with CEQA with respect to any construction of any public improvements or other projects subject to CEQA related to this Agreement, the City shall comply with CEQA at such time, but other than as specifically authorized under this Agreement, such compliance shall not in and of itself preclude or delay commencement or completion of the Project by the Tribe.. SECTION 13. MISCELLANEOUS PROVISIONS 13.1. No Authority Over Tribal Activities. Nothing in this Agreement is intended to confer or expand the jurisdiction of any local, state or federal agency or other governmental body, nor is this Agreement intended to infringe or otherwise usurp the authority of any regulatory body including local, state, federal or Tribal agencies that may have jurisdiction over or related to Tribal activities, development or Projects. Further, nothing in this Agreement shall be construed to relieve the Tribe's obligation to comply with the National Environmental Policy Act (NEPA) as may be required as part of any trust application or any other Project requirement. 13.2. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party including, without limitation, no rights in any Interested Persons, nor does it create any private right of action for any third party nor permit any third party to bring an action to enforce any of its terms. 13.3. Amendments. This Agreement may be modified or amended only by mutual and written agreement of the Parties. 13.4. Final Agreement. This Agreement contains the entire Intergovernmental Agreement of the Parties as to the subject matter herein and supersedes any other agreements of the Parties to the contrary except for the following agreements between the City and the Tribe: (1) Pechanga Parkway signal maintenance agreements; and (2) fiber-optic right of way agreements. The Agreement is intended both as the final expression of the agreement between the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement consistent with California Code of Civil Procedure section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing approved and signed by the Parties. 13.5. Severability of Provisions. The invalidity of any provisions or portion of this Agreement as determined by a court of competent jurisdiction or any State or federal agency having jurisdiction and thereof and the authority to do so, shall not affect the validity of any other provisions of this Agreement or the remaining portions of the applicable provisions, unless such provision is material to the reasonable expectation of the Parties. Without limiting the 3/9/10 18 foregoing, if any provision of the Agreement is declared invalid as aforesaid, then the Parties shall use their best efforts to renegotiate the terms of the invalid provisions. 13.6. Force Majeure. The Parties shall not be liable for any failure to perform, or for delay in performance of a party's obligations, and such performance shall be excused for the period of the delay and the period of the performance shall be extended when a force majeure event occurs; provided however that the party whose performance is prevented or delayed by such event of force majeure shall give prompt written notice (i.e., within seventy-two (72) hours of the event) of such event to the other party. For purposes of this Section, the term "force majeure" shall include, without limitation, war, epidemic, rebellion, riot, civil disturbance, earthquake, fire, flood, acts of governmental authorities(other than the City or Tribe), acts of God, acts of terrorism (whether actual or threatened), acts of the public enemy and in general, any other severe causes or conditions beyond the reasonable control of the Parties, the consequences of which in each case, by exercise of due foresight such party could not reasonably have been expected to avoid, and which by the exercise of due diligence it would not have been able to overcome, when such an event prevents the Tribe from meeting its obligations under this Agreement due to Gaming Activities ceasing operations for an extended period or prevents the City from meeting its obligations under this Agreement due to an interruption of City government operations. An interruption of performance, or the delayed occurrence of any event, under this Agreement caused by an event of force majeure shall as far as practical be remedied with all reasonable dispatch. During any period in which a party is excused from performance by reason of the occurrence of an event of force majeure, the party so excused shall promptly, diligently, and in good faith take all reasonable action required in order for it to be able to commence or resume performance of its obligations under this Agreement. 13.7. Governing Law. This Agreement shall be construed according to applicable federal and California substantive law to the extent not inconsistent with the express provisions of this Agreement, unless federal law as to the Tribe or the City, or California law as to the City, prohibits such Parties from abiding by such express provision, in which case the provision will be deemed to be invalid and resolved, if possible, under the severability provisions in Section 13.5. Notwithstanding the foregoing, California rules of construction shall be applied in interpreting this Agreement. This Agreement shall be deemed to have been drafted jointly by the Parties and shall not be construed as having been drafted by, or construed against, one party against another. 13.8. Term; Obligations to Continue. The term of this Agreement shall be from the Effective Date until December 31, 2030, unless sooner terminated pursuant to the term of this Agreement or extended by mutual agreement of the Parties. Unless specifically designated otherwise, all of the Parties' obligations under this Agreement shall continue through the Tenn, including any extensions thereof. Notwithstanding the end of the Term, any covenant, term or provision of this Agreement which, in order to be effective, or is necessary to enforce an unfulfilled material term of this Agreement or obligation that may continue beyond the end of the Tern shall survive termination. 13.9. Payments. Unless otherwise indicated, all payments made pursuant to this Agreement shall be made payable to the City of Temecula on the schedule set out above. 3/9/10 19 13.10. Representations. By entering into this Agreement each signatory represents that, as of the Effective Date, the undersigned has the authority to execute this Agreement on behalf of their respective governing bodies. 13.11. Duplicate Originals. At least two copies of this Agreement shall be signed and exchanged by the Parties, each of which shall be considered an original document. 13.12. Approval. Each Party's execution, delivery and performance of this Agreement shall be approved by resolution or motion duly adopted by each Party's respective governing body, which resolution or motion shall provide that the Party shall not enact a law impairing the rights and obligations under this Agreement. The Parties intend that Intergovernmental Agreements under the Compact, between the Tribe and the City and the Tribe and the County, the latter of which the Parties anticipate will be a Law Enforcement MOU, shall be concluded in conjunction with one another. Because the Intergovernmental Agreement between the County and the Tribe may not be finalized before this Agreement has been approved by its Parties, any resolution or motion approving this Agreement may include a condition that this Agreement shall not be deemed to be final or enforceable unless and until an Intergovernmental Agreement with the County has been formally concluded. 13.13. Obligation on Related Entities. This Agreement binds the Parties and their departments, affiliates, agents, representatives, successors, contractors, officials and related entities, which such Agreement shall also be reflected in a resolution or certification of a motion duly adopted by each Party's respective governing body approving the Agreement. 13.14. Authority/Authorization a. The City and Tribe each represent and warrant that each has performed all acts precedent to adoption of this Agreement, including but not limited to matters of procedure and notice and each has the full power and authority to execute this Agreement and perform its obligations in accordance with the above terms and conditions, and that the representative(s) executing this Agreement on behalf of each party is duly authorized to so execute and deliver the Agreement. b. In evidence of the above, each governing body shall execute formal resolutions or certifications indicating approval of this Agreement and these resolutions or certifications are attached in Exhibits A and B. 3/9/10 20 IN WITNESS WHEREOF, the Parties hereby execute and enter into this Agreement with the intent to be bound thereby through their authorized representatives whose signatures are affixed below. Dated: I�iII , y 1��►i1�.�_,. Mark Macarrb, Tribal Chairperson Pechanga Band of Luiseno Indians Attest Approved as to Form: e Pe er M. Thorson City Attorney 3/9/10 21 RESOLUTION NO. 10-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "INTERGOVERNMENTAL AGREEMENT" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS AND THE CITY AND APPROVING THE "MEMORANDUM OF UNDERSTANDING CONCERNING LAW ENFORCEMENT SERVICES AT PECHANGA CASINO" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS, CITY, COUNTY OF RIVERSIDE AND THE SHERIFF OF THE COUNTY OF RIVERSIDE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: (a) The Pechanga Band of Luiseno Indians ("Tribe") is a federally - recognized Indian Tribe located on federal Trust Lands which are located just south of the City boundaries. (b) Under the federal Indian Gaming Regulatory Act ("IGRA"), the Tribe may engage in gaming as a means of promoting Tribal economic development, self- sufficiency and strong Tribal government. IGRA generally requires that Class III gaming (Las Vegas style) be conducted pursuant to a Tribal -State Class III gaming compact. (c) On September 10, 1999, and effective in May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA. (d) In August 2006 the 1999 Compact was amended by the Legislature and approved by a vote of the people of California at a referendum election in February, 2008 and effective in March 2008 ("2008 Amended Compact"). (e) The original 1999 Compact authorized the Tribe to have 2,000 of the Class III (Las Vegas style) gaming devices in the Casino plus an additional 1,600 Class II (bingo style gaming devices. (f) The 2008 Amended Compact authorizes the Tribe to provide up to 7,500 of the Class III gaming devices. Recognizing the potential off -reservation impacts of an expansion of the gaming, Section 10.8.8 of the 2008 Amended Compact requires that the Tribe enter into "intergovernmental agreements" with cities and counties affected by the gaming operations of the tribe. The Tribe now has approximately 4,200 gaming devices in the Casino. Staff has been working with Tribal representatives to develop the mitigation measures described in the Intergovernmental Agreement and the Law Enforcement MOU in order to fulfill the mandates of the 2008 Amended Compact and to enable the Tribe to continue is existing gaming operations. I hereby certify, ender the penalty ofpeijury,that the above and foregoing is a true end correct copy of an original on depos' within the records f the City of Teraecula,this�dayofd? . IICHA. ELAA.�BA�LL�R(B5iC4H CMOCepu City Clerk Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Intergovernmental Agreement" between the Pechanga Band of Luiseno Indians and the City of Temecula ("Intergovernmental Agreement") with such changes in such Intergovernmental Agreement as may be mutually agreed upon by the Tribe and the City Manager as are in substantial conformance with the form of such Intergovernmental Agreement on file in the Office of the City Clerk. 1) The Mayor is hereby authorized to execute the Intergovernmental Agreement on behalf of the City in said form. 2) A duplicate original of the final Intergovernmental Agreement when executed by the Mayor and the Tribe shall be placed on file in the Office of the City Clerk. 3) The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Intergovernmental Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Intergovernmental Agreement and related documents, including, but not limited to, the approval and execution on behalf of the City of such certifications, approvals of traffic data collection and traffic studies and such other operating agreements and documents as contemplated in the Intergovernmental Agreement or as otherwise necessary and convenient for the implementation of the City's right and obligations under the Intergovernmental Agreement. Section 3. The City Council of the City of Temecula hereby approves that certain agreement entitled "Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino" between the Pechanga Band of Luisefio Indians, City of Temecula, County of Riverside and the Sheriff of the County of Riverside ("Law Enforcement MOU") with such changes in such Law Enforcement MOU as may be mutually agreed upon by the Tribe and the City Manager as are in substantial conformance with the form of such Law Enforcement MOU on file in the Office of the City Clerk. 1) The Mayor is hereby authorized to execute the Law Enforcement MOU on behalf of the City in said form. 2) A duplicate original of the final Law Enforcement MOU when executed by the Mayor and the other parties shall be placed on file in the Office of the City Clerk. 3) The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Law Enforcement MOU and to administer the City's obligations, responsibilities and duties to be performed under the Law Enforcement MOU and related documents, including, but not limited to, the approval and execution on behalf of the City of such certifications, approvals of traffic data collection and traffic studies and such other operating agreements and documents as contemplated in the Law I hereby certify, under the penalty of perjury, that the above and foregoing is, a true ana correct copy of an R:/Resos 2010/Resos 10.24 2 original on dapos t �anth'.n the records oqf the -49 of 2^_.C/� P0-49-- MIC 0 Temecula, Yhisday ofr��, �—• MICF(AELAA. CALLFcICH, MC, DePuy City Clerk by:, Enforcement MOU or as otherwise necessary and convenient for the implementation of the City's right and obligations under the Law Enforcement MOU. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this toth day of March, 2010. ATTEST: Susan "Jones, MMC City Clea \ [SEAL] I hereby certify, under the Penalty of Perjury, thantan above and foregoing is a true and correct COPY{ original on deposit !da^ Of re`y,_a�as of th20 it� of R:/Resos 2010/Resos 10-24 3 Temecula, thisL f MIC ELA A. BALLREi01-I, GF -C, Deputy City Clerk t� a � by: �_" 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. 10-24 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of March, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: R:/Resos 2010/Resos 10-24 Edwards, Naggar, Roberts, Washington, Comerchero None None None I hereby certify, underth^ pc�ein/ of perjury, that the an or,ginaloo d o s' ""L'j °f`e re^oids corfeci the copy Temecula, thisL.--d��Y °i 2oL-.• MIC AELAA.BALI-REICH, MG, Deputy�CityClerk 4 by: MEMORANDUM OF UNDERSTANDING, CONCERNING LAW ENFORCEMENT SERVICES AT PECHANGA CASINO This Memorandum of Understanding ("MOU") is dated and effective as of March.9 2010, by and between the Pechanga Band of Luiseno Indians, a federally recognized Indian tribe (the "Tribe"), the City of Temecula, California (the "City"), the County of Riverside, California ("County") and the Sheriff of Riverside County ("Sheriff'), which are referred to herein collectively as "the Parties" and as to each as a "Party". The terms "Tribe," "City" "County" and "Sheriff' as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated. RECITALS WHEREAS, the Tribe is a federally -recognized Indian Tribe located on federal Trust Lands which are located within the geographic boundaries of Riverside County and abut or are near City boundaries; and WHEREAS, the Tribe has inhabited the Temecula Valley for more than 10,000 years (or according to Tribal history and culture, since time immemorial); and WHEREAS, the Pechanga Indian Reservation was established by Executive Order of the President of the United States on June 27, 1882, affirming the Tribe's sovereignty and land -base (the "Reservation"); and WHEREAS, under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. ("IGRA"), the Tribe may engage in gaming as a means of promoting Tribal economic development, self-sufficiency and strong Tribal government; and WHEREAS, IGRA generally requires that Class III gaming be conducted pursuant to a Tribal -State Class III gaming compact; and WHEREAS, on or about September 10, 1999, and effective in May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA, which compact was amended effective March, 2008, and which compact and amendment is referred to herein as the "Compact;" and WHEREAS, the Tribe desires to operate Tribal economic development projects in a manner that benefits the Tribe, its members, and the community as a whole, and the City recognizes the mutual benefit that can be derived if those goals are achieved; and WHEREAS, the Tribe determined that a casino gaming center featuring Class II and Class III gaming activities, as authorized under IGRA and, with 3/9/10 respect to Class III activities, the Compact, and a hotel and related parking, common areas and amenities would be a way in which to generate independent Tribal resources to provide for the health, education, employment, government, general welfare, safety, and cultural needs of the Tribe; and WHEREAS, the term "Gaming Center" as used in this MOU shall have the same definition as it does in Section 2.12 of the Intergovernmental Agreement which Section reads as follows: "'Gaming Center' means the present gaming facility and hotel located on the Reservation and consisting of approximately two hundred thousand (200,000) square feet of gaming space plus back of the house and administrative offices and facilities that can accommodate various gaming and casino activities, including up to five thousand (5,000) Gaming Devices, employee rooms, offices and related space; a thirteen story hotel with five hundred twenty- two (522) guest rooms and supporting kitchens, offices, retail, housekeeping, telecommunications and other utility facilities; maintenance and storage spaces; convention, ballroom, classroom and meeting spaces; restaurants, bars, food courts, night clubs, retail spaces, lounges, regulatory, public safety, surveillance and guest services amenities and facilities; a one thousand two hundred (1200) seat theater; swimming and Jacuzzi pools, porte cocheres, and spa facilities and related areas located outside the hotel; surface parking and three parking structures for buses, trucks, SUVs and similar vehicles, and automobiles that accommodate approximately eight thousand six hundred (8600) vehicles; and related common areas, roadways, sidewalks, storage and administrative facilities that serve the Gaming Center.'; and WHEREAS, the terms used in this MOU shall have the same definition as they do in the Intergovernmental Agreement unless otherwise provided; and WHEREAS, the Compact requires that for "Projects" as defined in the Compact the Tribe must prepare a Tribal Environmental Impact Report and further provides for the Tribe and any impacted city or county to enter into enforceable written "Intergovernmental Agreements" for mitigation of Significant Effects on the Off -Reservation Environment, including but not limited to public safety services, and other specified programs; and WHEREAS, concurrently with the adoption of this MOU, the Tribe and the City entered into that certain "Intergovernmental Agreement" dated as of March 9 2010 pursuant to the Compact providing for the mitigation of Significant Effects on the Off -Reservation Environment, including enhancement of law enforcement services to the City and the Gaming Center; and 3/9/10 WHEREAS, the Intergovernmental Agreement provides for the City to receive a Mitigation Fee from the Tribe which fee includes a component for the funding of law enforcement services to the Gaming Center; and WHEREAS, concurrently with the adoption of this MOU by the Parties, the City and the County have amended that certain "Agreement for Law Enforcement Services Between the City of Temecula and the County of Riverside," effective as of July 1, 2005, as amended, ("City/County Law Enforcement Agreement") to provide for the Riverside County Sheriffs Department ("Sheriff' or "Sheriff s Department") to provide law enforcement services to the Gaming Center; and WHEREAS, in order to implement the provisions of the Intergovernmental Agreement relating to law enforcement services, it is necessary and convenient for the Parties to enter into this MOU for the purposes of (1) confirm the law enforcement responsibilities of the Tribe and the Sheriff at the Gaming Center; (2) establish the responsibility of the City to fund the Sheriffs law enforcement responsibility at the Gaming Center with the Mitigation Fee received from the Tribe pursuant to the Intergovernmental Agreement; (3) confirm and document the law enforcement protocols for the Sheriffs response to calls for service at the Gaming Center; and (4) continue the government to government cooperation of the Tribe, City, County and Sheriff in providing law enforcement services to the Gaming Center and the southern areas of the City of Temecula; and WHEREAS, the Parties recognize that the Intergovernmental Agreement and this MOU is an important and mutually beneficial means for furthering the government -to -government relationship between the Parties and in building trust, mutual respect, good will and cooperation for the benefit of the entire community; and WHEREAS, the parties intend that the terms of this MOU, taken together with the Intergovernmental Agreement, shall constitute the intergovernmental agreement between the City and the Tribe and the County and the Tribe as required by Section 10.8.8 of the Compact with respect to the Gaming Center and any Expansion; NOW, THEREFORE, in consideration of the Recitals set forth above and incorporated herein, the Parties agree as follows: 1. LAW ENFORCEMENT SERVICES FOR THE GAMING CENTER A. Existing Law Enforcement Structure. The City contracts with the County for law enforcement services to be provided with in the boundaries of the 3/9/10 City of Temecula by the Riverside County Sheriffs Department. The County relies on the Sheriffs Department to provide law enforcement services to the unincorporated areas of Riverside County. Both the City by contract and the County rely on the law enforcement services of the Sheriffs Department to meet the law enforcement needs that arise under Public Law 280 with respect to the Tribe, the Reservation and the Gaming Center (including any Expansion). In addition, the Tribe has its own force of public safety and security officers that are assigned to the Reservation and the Gaming Center. There is a good working relationship between and among the Tribe, the City, the County and the Sheriffs Department with respect to meeting law enforcement needs that arise on or in connection with activities at the Gaming Center and the Reservation that the Parties intend to maintain and strengthen by this MOU. B. Use of Mitigation Fees for Gaming Center Law Enforcement Responses. The Parties have determined that the Mitigation Fees agreed to in Section 3.3 of the Intergovernmental Agreement between the Tribe and the City are sufficient to ensure that the law enforcement needs of the City that are directly correlated to the Gaming Center can be adequately met. The Parties agree that it would be a more efficient use of such funds and would provide better law enforcement services to the Gaming Center to have the City fund the Sheriffs Department response to calls for law enforcement services at the Gaming Center with deputies designated for service within the City than for the County to provide such services with deputies designed for service in the unincorporated County areas. C. Assianed Deputy for Law Enforcement Responses to Gaming Center. The City shall apply sufficient funds from the Mitigation Fee and take such other actions as are necessary to provide for one Sheriffs deputy on each shift to be specifically designated to patrol in the patrol zone of the City closest to the Gaming Center and to be the deputy to respond to calls for law enforcement services or assistance at the Gaming Center ("Assigned Deputy"). This arrangement shall be subject to the following protocols: 1) The Assigned Deputy and other Sheriffs deputies shall not engage in random self -initiated patrol activities at the Gaming Center or the Reservation. The Assigned Deputy and other Sheriffs deputies shall only respond to calls for law enforcement services or assistance at the Gaming Center or the Reservation, provided that such deputies shall be authorized to engage in such further law enforcement actions as are required for these calls for service, such as active investigation and follow-up investigation of crimes reported to the Sheriff or other law enforcement agencies, searches for suspects and similar actions necessary for carrying out its law enforcement responsibilities with respect to such calls for service. 2) Sheriffs personnel responding to calls for service at the Gaming Center or the Reservation shall be subject to and shall follow the Sheriffs Chain of Command and Sheriffs Policies. The Sheriff shall be responsible for the 3/9/10 4 command of deputies in responding to calls for service at the Gaming Center or the Reservation. 3) The Assigned Deputy shall wear a "Riverside County Sheriffs Department" uniform patch, rather than a "Temecula Police Department" uniform patch. 4) The Assigned Deputy shall drive a marked patrol car bearing the seal/logo of the Riverside County Sheriffs Department and not the seal/logo of the City of Temecula or the Temecula Police Department. 5) In the event of an emergency response to the Gaming Center or the Reservation requiring deputies other than the Assigned Deputy, the Sheriff may dispatch additional deputies wearing the "Temecula Police Department" uniform patch or vehicles with the seal/logo of the "City of Temecula" or "Temecula Police Department." D. Regular Meetings of the Parties for Law Enforcement. Representatives of the Tribe, City, County and Sheriff shall meet on a regular basis and not less than quarterly, to discuss issues of common law enforcement interest to the Parties with respect to the Gaming Center as well as the Reservation and work on a cooperative, good faith, government to government basis to address such issues as may arise and to provide for coordination between Tribal public safety officers and the Sheriffs Department. The Parties shall negotiate in good faith to reach such additional protocols as may be desired regarding coordination between Tribal public safety officers and the Sheriff with respect to matters occurring at the Gaming Center and the Reservation that might involve Sheriffs deputies under applicable law. E. City Responsible for Costs of Sheriffs Services to Gaming Center. City shall be responsible for all payments to the County for services rendered by the Sheriff to the Gaming Center. The Tribe shall not be liable for the direct payment of any salaries, wages, or other compensation to any City or Sheriffs personnel performing services for the City except as may be provided for the reimbursement of special event services under separate contract. F. Negotiation of Extra Law Enforcement Agreements. At the Tribe's request the Sheriff shall meet and confer with the Tribe for extra law enforcement services to the Tribe for special events and functions, at rates and on terms consistent with those established by the Sheriff for special events security. G. Limited Scope of Law Enforcement Activities. Except as otherwise provided herein, by separate agreement, or under law, the Sheriff deputies assigned to the City shall not be expected to provide gaming security or enforce Tribal laws, provided that nothing herein is intended to diminish, and in fact is intended to reinforce, the apprehension, arrest and prosecution of anyone engaged in criminal conduct, such as theft, embezzlement and fraud, or any other 3/9/10 5 criminal offense, that may occur within the City's jurisdiction or at the Gaming Center H. Scone of Public Law 280 Not Modified. Nothing in this Agreement or any other contract between the City and the Sheriff is intended or shall be construed to expand or limit the jurisdiction of the City, the County or the Sheriff beyond that which would be exercised pursuant to Public Law 280. Nothing in this Agreement or other contract with the County or Sheriff is intended, or shall be construed, to expand or limit the jurisdiction of any Tribal law enforcement agency beyond that which would be exercised pursuant to applicable law. I. Requirements of Section 10.8.8 of the Compact Satisfied. County acknowledges and agrees that by entering into this MOU, that the impacts of the Gaming Center on the County, including without limitation the Sheriffs Department, for the unincorporated areas of the County surrounding the Gaming Center have been fully mitigated within the meaning of Section 10.8 of the Compact and that this MOU, when considered along with the Intergovernmental Agreement, shall constitute the intergovernmental agreement between the County and the Tribe pursuant to Section 10.8.8 of the Compact with respect to the Gaming Center and any Expansion. Therefore, the County agrees not to request a separate Intergovernmental Agreement or Special Distribution Funds under existing or future legislation to pay for impacts from the Gaming Center or the Expansion affecting the County, provided however, that the County shall not be precluded from participating in the TEIR process set forth in the Intergovernmental Agreement with regard to any Expansion. J. Termination of City greement with County for Law Enforcement Services. In the event that City or County should ever terminate the City/County Law Enforcement Agreement or said Agreement is allowed to expire, the Sheriff shall continue to provide such law enforcement services to the Gaming Center as are authorized by law and the City shall fund the reasonable costs of such law enforcement services from the Mitigation Fees paid to the City. 2. DISPUTE RESOLUTION A. Meet and Confer Process 1) In recognition of the government -to -government relationship between the Tribe, the City, and the County, the Parties shall make their best efforts to resolve disputes that occur under this MOU by good faith negotiations whenever possible. Therefore, the Parties hereby establish a threshold requirement that disputes arising under this MOU shall first be subject to a good faith meet and confer procedure to give the Parties an opportunity to work together to solve identified issues. 3/9/10 2) Disputes arising between the Parties regarding a parry's alleged failure to meet its obligations imposed by this MOU, including a refusal to meet and confer, shall be addressed through the following process: a) The Parties may meet and confer informally to discuss their concerns. This stage may include an informal exchange of views among Tribal, City and County personnel and may remain confidential in accordance with applicable law. b) A party desirous of invoking the meet and confer provisions of this MOU shall provide written notice to the other parties, identifying with specificity the alleged issue or issues and the actions requested to resolve the dispute. Within seven (7) business days after receipt of the notice, the recipients shall provide a written response agreeing or disagreeing with the complaint. If the parties agrees they will set forth detailed steps to address the alleged breach of the MOU. If the Parties disagree, they shall proceed in accordance with the next subsection. C) The Parties shall formally meet and confer in good faith within ten (10) business days of receipt of such notice, or at such other time as the Parties may agree in writing, to attempt to resolve the dispute. If all Parties agree, a mediator may be used to help resolve the dispute at this stage. The Parties and mediator, if any, shall ensure that any disputed issues are clearly and directly communicated according to any agreed upon process and timeline. Multiple meetings under this step may be reasonably required depending upon the nature of the dispute, provided that the meet and confer process shall be completed within thirty (30) days of formal initiation unless extended in writing by mutual MOU of the Parties. Failure to substantially comply with the procedures and timelines contained in this Section with respect to an dispute shall entitle the complaining party to proceed directly to arbitration. d) To the extent allowed by law, such writings as may be prepared and transmitted between the Parties pursuant to this subsection shall be confidential. B. Binding Arbitration Procedure 1) Subject to compliance with the meet and confer process stated above and the limitations herein as to the scope of any order, a party may initiate binding arbitration to resolve any dispute arising out of this MOU, regarding the interpretation of any the MOU's provisions, and/or rights and obligations of the Parties under the MOU. 2) The arbitration shall be conducted by arbitrator in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (the 3/9/10 "Rules") then in effect at the time of the initiation of arbitration. The arbitration shall take place in or near Temecula, including any location on The Reservation, or at another location mutually agreed upon by the Parties. The arbitrator shall be a retired judge ("Arbitrator") selected pursuant to the following terms. In the event the Parties cannot agree upon the Arbitrator, the Parties agree that Rule 15 of the Rules shall govern the selection of the Arbitrator. Subject to the terns of this Section, the Arbitrator shall have jurisdiction to interpret and apply the terms of the this MOU, but shall lack jurisdiction to modify the MOU or relieve a party of its obligations, or add to those obligations under the MOU, except in the event that material terns of this MOU are determined to be void or that the provisions of the Compact are in material conflict with the terms of this MOU. In such an instance the Arbitrator may order the MOU modified to conform to the Compact, with the least changes necessary to maintain the relative positions of the Parties at the time the MOU was entered. This MOU does not provide for, and the arbitrator shall not have jurisdiction to order remedies with respect to federal, state, County, City or Tribal laws, regulations, ordinances, codes or other laws against the Tribe, the City or the County, including any of their respective government entities, officials, members or employees or real property, and shall only consider or evaluate such laws and issue such orders as expressly permitted under this MOU. 3) Arbitration orders and awards may not include monetary awards. 4) Equitable relief shall be limited to compelling some actual performance that is expressly described in this MOU or preventing a party from failing to take such action. 5) Any controversy regarding whether an issue is subject to arbitration shall be determined by the Arbitrator, but the Arbitrator's jurisdiction shall be limited to ordering forms of relief agreed to in this MOU. 6) In arbitrating disputes under this MOU, the Arbitrator shall apply applicable law and the terns of the Compact. 7) The Arbitrator shall render an award consistent with Rule 30 of the Rules. The Parties agree to be bound by the provisions of Rule 17 of the Rules relating to informal and formal discovery rights and obligations, subject to the MOU of the Parties or order of the Arbitrator otherwise. In any event, any discovery conducted shall be subject to the confidentiality provisions of this MOU to the extent such provisions may be lawfully enforced, and the Arbitrator shall make such orders as are necessary to enforce such provisions. 3. JUDICIAL REVIEW AND ENFORCEMENT 3/9/10 A. The Parties agree that the prevailing party in any arbitration contemplated under this section may seek to confirm and enforce any arbitration award by filing a petition with any Superior Court in the State of California, pursuant to the provisions of California Code of Civil Procedure, Section 1285 et seq. In any arbitration or court action, each party shall bear its own costs and attorneys' fees in any court action or arbitration proceeding brought pursuant to this MOU. B. Nothing in this MOU shall preclude or restrict the ability of Parties to voluntarily pursue, by mutual MOU, any other method of dispute resolution. 4. MUTUAL LIMITED WAIVER OF SOVEREIGN IMMUNITY A. The Parties agree that the Parties' waiver of immunity from arbitration or suit, or the enforcement of any order or judgment related thereto, is limited to the express provisions of Section 3 of this MOU, and neither the MOU to arbitrate nor any other provision of this MOU shall be construed as creating any implied waiver of such immunity. B. The Parties each expressly covenant and agree that they may each sue and be sued with respect to the resolution of disputes in arbitration and the judicial enforcement thereof, as provided in Section 3 of this MOU, to resolve through arbitration any controversy arising from this MOU or to enforce or interpret the terms and conditions of this MOU through arbitration, as provided for in this MOU. The Parties, their officers and agents expressly agree to waive governmental immunities, including sovereign immunity, in connection with any claims arising from this MOU, as provided for herein for the enforcement of any arbitration award, or judgment to enforce such an award, a result of this MOU. The Parties further consent to the jurisdiction of an arbitrator and/or specified court under this MOU including the consent to be sued and bound by a lawful order or judgment, to the extent provided for herein. Each of the Parties represent that its MOU to such dispute resolution processes and waivers has been effectively and lawfully granted and that nothing further needs to be done to effectuate those processes. C. With respect to any action arising out of the MOU for which there is a waiver of sovereign immunity, the Tribe, City, County and Sheriff expressly consent to the jurisdiction of the United States District Court for the Central District of California and, as limited herein to, the Superior Court of the State of California for Riverside County and all related appellate courts, and/or an arbitrator selected pursuant to this MOU and specifically waive sovereign immunity for that purpose. The Parties specifically agree that the applicable court shall have jurisdiction to enter judgments enforcing the arbitration rights and remedies provided for in this MOU which shall be binding and enforceable on the Parties, subject to the limitations set forth in this MOU. No party to this MOU shall contest jurisdiction or venue of the above -referenced courts, provided their jurisdiction and venue are invoked in the order specified, but only for disputes or 3/9/10 9 claims arising out of this MOU. Neither the Tribe, City, County nor Sheriff shall plead or invoke the doctrine of exhaustion of Tribal or other administrative remedies, defenses of immunity or indispensable Parties beyond those contemplated in this MOU. D. The Tribe, City, County, or Sheriff may not join or consent to the joinder of any third party to any action (including but not limited to any arbitration) contemplated herein, unless failure to join such parry would deprive the court or arbitration tribunal of jurisdiction; provided that nothing in this MOU shall be construed to constitute a waiver of the sovereign immunity or other protection from lawsuit (or other dispute resolution process), or the effect, orders or judgments thereof, of either the Tribe or the City with respect to any claim of any kind by any such third parry. In the event of intervention by any third party into any such action without the consent of the Tribe, City, County or Sheriff nothing herein shall be construed to constitute a waiver of any immunity with respect to such third parry, and no arbitrator or court shall have jurisdiction to award any relief or issue any order as against the Tribe, City, County or Sheriff with respect to such third parry in that or any other proceeding. 5. INDEMNIFICATION A. Indemnification by County. County shall indemnify and hold the City and Tribe, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on the City or Tribe or both, and County shall defend at its expense, including attorney fees, the City or Tribe or both, its officers, agents and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. All immunities available to County as a government entity under the laws of the State of California shall apply in performing the services under this Agreement. As between the City and County, this indemnification obligation shall also extend to any such liability imposed on the City by the provisions of Government Code Section 895.2 or other applicable law. B. Indemnification by City. City shall indemnify and hold the County and Tribe, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on the County or Tribe or both, and City shall defend at its expense, including attorney fees, the County or Tribe or both, its officers, agents and employees and 3/9/10 10 independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. All immunities available to City as a government entity under the laws of the State of California shall apply in performing the services under this Agreement. As between the City and County, this indemnification obligation shall also extend to any such liability imposed on the County by the provisions of Government Code Section 895.2 or other applicable law. C. Indemnification by Tribe. Tribe shall indemnify and hold the City and County, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of Tribe, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on the City or County or both, and Tribe shall defend at its expense, including attorney fees, the City or County or both, its officers, agents and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. In addition, when liability arises by reason of a dangerous condition of the Bands property, the Tribe shall assume defense of and indemnify County in respect to any dangerous condition of the Bands property pursuant to this section. All immunities available to the Tribe as a government entity shall apply in performing the services under this Agreement.. 6. NUSCELLANEOUS PROVISIONS A. No Authority Over Tribal Activities. Nothing in this MOU is intended to confer or expand the jurisdiction of any local, state or federal agency or other governmental body, nor is this MOU intended to infringe or otherwise usurp the authority of any regulatory body including local, state, federal or Tribal agencies that may have jurisdiction over or related to Tribal activities, development or Projects. B. No Third Party Beneficiaries. This MOU is not intended to, and shall not be construed to, create any right on the part of any person not a party to this MOU, nor does it create any private right of action for any person not a party to this MOU nor permit any person not a party to this MOU to bring an action to enforce any of its terms. C. Amendments. This MOU may be modified or amended only by mutual and written MOU of the Parties. D. Final MOU. This MOU contains the entire agreement of the Parties as to the limited subject matter herein and supersedes any other agreements of the parties with respect to law enforcement services for the Gaming Center except for the Intergovernmental Agreement. The terms of the MOU is intended both as the final expression of the agreements between the Parties with 3/9/10 11 respect to law enforcement services for the Gaming Center consistent with California Code of Civil Procedure section 1856. E. Severability of Provisions. The invalidity of any provisions or portion of this MOU as determined by an arbitrator pursuant to this MOU or a court of competent jurisdiction or any State or federal agency having jurisdiction and thereof and the authority to do so, shall not affect the validity of any other provisions of this MOU or the remaining portions of the applicable provisions, unless such provision is material to the reasonable expectation of the Parties. Without limiting the foregoing, if any provision of the MOU is declared invalid as aforesaid, then the Parties shall use their best efforts to renegotiate the terms of the invalid provisions. F. Force Maieure. The Parties shall not be liable for any failure to perform, or for delay in performance of a parry's obligations, and such performance shall be excused for the period of the delay and the period of the performance shall be extended when a force majeure event occurs; provided however that the party whose performance is prevented or delayed by such event of force majeure shall give prompt written notice (i.e., within seventy-two (72) hours of the event) of such event to the other party. For purposes of this Section, the term "force majeure" shall include, without limitation, war, epidemic, rebellion, riot, civil disturbance, earthquake, fire, flood, acts of governmental authorities(other than the City, County or Tribe), acts of God, acts of terrorism (whether actual or threatened), acts of the public enemy and in general, any other severe causes or conditions beyond the reasonable control of the Parties, the consequences of which in each case, by exercise of due foresight such party could not reasonably have been expected to avoid, and which by the exercise of due diligence it would not have been able to overcome, when such an event prevents the Tribe from meeting its obligations under this MOU due to Gaming Activities ceasing operations for an extended period or prevents the City or County from meeting its obligations under this MOU due to an interruption of City government operations. An interruption of performance, or the delayed occurrence of any event, under this MOU caused by an event of force majeure shall as far as practical be remedied with all reasonable dispatch. During any period in which a parry is excused from performance by reason of the occurrence of an event of force majeure, the party so excused shall promptly, diligently, and in good faith take all reasonable action required in order for it to be able to commence or resume performance of its obligations under this MOU. G. Governing Law. This MOU shall be construed according to applicable federal and California substantive law to the extent not inconsistent with the express provisions of this MOU, unless federal law as to the Tribe or the City, or California law as to the City and County, prohibits such Parties from abiding by such express provision, in which case the provision will be deemed to be invalid and resolved, if possible, under the severability provisions in Section. 3/9/10 12 H. Rules of Construction/Joint Drafting. Notwithstanding the foregoing, California rules of construction shall be applied in interpreting this MOU. This MOU shall be deemed to have been drafted jointly by the Parties and shall not be construed as having been drafted by, or construed against, one party against another. I. Term; Obligations to Continue. 1) The term of this MOU shall be from the Effective Date until December 31, 2030 unless sooner terminated by one of the following events: (1) the termination or expiration of the Intergovernmental Agreement; or (2) the mutual agreement of the parties to terminate or extend the MOU. 2) The Effective date shall be the date first written above or such later date as the Intergovernmental Agreement and the Amendment to the Agreement for Law Enforcement Services Between the City of Temecula and the County of Riverside implementing the terms of this MOU become effective, and taken together with the Intergovernmental Agreement shall meet the intergovernmental agreement requirements of Compact Section 10.8.8.. 3) Unless specifically designated otherwise, all of the Parties' obligations under this MOU shall continue through the Term, including any extensions thereof. Notwithstanding the end of the Term, any covenant, term or provision of this MOU which, in order to be effective, or is necessary to enforce an unfulfilled material term of this MOU or obligation that may continue beyond the end of the Term shall survive termination. J. Duplicate Originals. At least three copies of this MOU shall be signed and exchanged by the Parties each of which shall be considered an original document. K. Obligation on Related Entities. This MOU binds the Parties and their departments, affiliates, agents, representatives, successors, contractors, officials and related entities, which such MOU shall also be reflected in a resolution of each Party's respective governing body approving the MOU. L. Authority/Authorization. 1) The City, County and Tribe each represent and warrant that each has performed all acts precedent to adoption of this MOU, including but not limited to matters of procedure and notice and each has the full power and authority to execute this MOU and perform its obligations in accordance with the above terms and conditions, and that the representative(s) executing this MOU on behalf of each party is duly authorized to so execute and deliver the MOU. 2) In evidence of the above, each governing body shall execute formal resolutions indicating approval of this MOU and these resolutions are attached in Exhibits A, B, C, and D. 3/9/10 13 M. Notices. 1) Notices pursuant to this MOU and service of process in any judicial or arbitration proceeding is waived in favor of delivery of documents by (i) 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 (ii) by Certified Mail — Return Receipt Requested to the following: 2) For the Tribe: Tribal Chairperson Pechanga Band of Luiseno Indians 12705 Pechanga Road Temecula, CA 92592 Tel: 951-676-2768 With a copy simultaneously delivered to: Office of Legal Counsel Pechanga Band of Luiseno Indians 12705 Pechanga Road Temecula, CA 92592 Tel: 951-676-2768 Jerome L. Levine, Esq. Holland & Knight 633 W. 5th Street, Suite 2100 Los Angeles, CA 90071 Tel: 213 896-2565 3) For the City: City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Tel: 951-694-6444 With copy simultaneously delivered to: Peter M. Thorson, Esq. Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Tel: 213-626-8484 4) For the County: 3/9/10 14 County Executive Officer Bill Luna County Administrative Center 4080 Lemon Street - 4th Floor Riverside, California 92501 (951)955-1100 With copy simultaneously delivered to: Sheriff Stanley Sniff Riverside County Sheriffs Department 4095 Lemon Street Riverside, CA 92501 Captain Southwest Station Riverside County Sheriffs Department 30755-A Auld Road Murrieta, CA 92563 Pamela Walls, Esq. County Counsel County of Riverside 3535 10th Street, Suite 300 Riverside CA, 92501-3674 5) Each Party may change the names and address to which notices and service of process may be delivered by written notice to the such persons as listed in the subsection or by subsequent notice of changes. 3/9/10 15 IN WITNESS WHEREOF, the Parties hereby execute and enter into this Agreement with the intent to be bound thereby through their authorized representatives whose signatures are affixed below. PECHANGA BAND OF LUISENO INDIANS BY. Mark Macarro, Tribal Chairperson Pechanga Band of Luiseno Indians 3/9/10 16 CITY OF TEMECULA Attest: Approved as to Form: rwzf l Peter M. Thorson City Attorney 3/9/10 17 10111►Y11` QX7;1CIA11IM 10 DI Attest: Chairman of the Board of Supervisors Deputy Clerk of the Board of Supervisors Approved as to Form: Deputy County Counsel 3/9/10 18 SHERIFF OF RIVERSIDE COUNTY Stanley Sniff Sheriff of Riverside County 3/9/10 19 RESOLUTION NO. 10-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "INTERGOVERNMENTAL AGREEMENT" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS AND THE CITY AND APPROVING THE "MEMORANDUM OF UNDERSTANDING CONCERNING LAW ENFORCEMENT SERVICES AT PECHANGA CASINO" BETWEEN THE PECHANGA BAND OF LUISENO INDIANS, CITY, COUNTY OF RIVERSIDE AND THE SHERIFF OF THE COUNTY OF RIVERSIDE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: (a) The Pechanga Band of Luiseno Indians ("Tribe") is a federally - recognized Indian Tribe located on federal Trust Lands which are located just south of the City boundaries. (b) Under the federal Indian Gaming Regulatory Act ("IGRA"), the Tribe may engage in gaming as a means of promoting Tribal economic development, self- sufficiency and strong Tribal government. IGRA generally requires that Class III gaming (Las Vegas style) be conducted pursuant to a Tribal -State Class III gaming compact. (c) On September 10, 1999, and effective in. May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA. (d) In August 2006 the 1999 Compact was amended by the Legislature and approved by a vote of the people of California at a referendum election in February, 2008 and effective in March 2008 ("2008 Amended Compact"). (e) The original 1999 Compact authorized the Tribe to have 2,000 of the Class III (Las Vegas style) gaming devices in the Casino plus an additional 1,600 Class II (bingo style gaming devices. (f) The 2008 Amended Compact authorizes the Tribe to provide up to 7,500 of the Class III gaming devices. Recognizing the potential off -reservation impacts of an expansion of the gaming, Section 10.8.8 of the 2008 Amended Compact requires that the Tribe enter into "intergovernmental agreements" with cities and counties affected by the gaming operations of the tribe. The Tribe now has approximately 4,200 gaming devices in the Casino. Staff has been working with Tribal representatives to develop the mitigation measures described in the Intergovernmental Agreement and the Law Enforcement MOU in order to fulfill the mandates of the 20tn8 �IT1ft 4@jnry, that One and to enable the Tribe to continue is existing gaming operationsgboveandforegoing isatrue and correct COPY ofan original on depo*s�t ithin the records of the City of Temecula, this/D1"day of `�' 2oL MICHAELA A. BALLREICH, CMC, Deputy City Clerk by: � i Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Intergovernmental Agreement" between the Pechanga Band of Luiseno Indians and the City of Temecula ("Intergovernmental Agreement") with such changes in such Intergovernmental Agreement as may be mutually agreed upon by the Tribe and the City Manager as are in substantial conformance with the form of such Intergovernmental Agreement on file in the Office of the City Clerk. 1) The Mayor is hereby authorized to execute the Intergovernmental Agreement on behalf of the City in said form. 2) A duplicate original of the final Intergovernmental Agreement when executed by the Mayor and the Tribe shall be placed on file in the Office of the City Clerk. 3) The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Intergovernmental Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Intergovernmental Agreement and related documents, including, but not limited to, the approval and execution on behalf of the City of such certifications, approvals of traffic data collection and traffic studies and such other operating agreements and documents as contemplated in the Intergovernmental Agreement or as otherwise necessary and convenient for the implementation of the City's right and obligations under the Intergovernmental Agreement. Section 3. The City Council of the City of Temecula hereby approves that certain agreement entitled "Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino" between the Pechanga Band of Luiseno Indians, City of Temecula, County of Riverside and the Sheriff of the County of Riverside ("Law Enforcement MOU") with such changes in such Law Enforcement MOU as may be mutually agreed upon by the Tribe and the City Manager as are in substantial conformance with the form of such Law Enforcement MOU on file in the Office of the City Clerk. 1) The Mayor is hereby authorized to execute the Law Enforcement MOU on behalf of the City in said form. 2) A duplicate original of the final Law Enforcement MOU when executed by the Mayor and the other parties shall be placed on file in the Office of the City Clerk. 3) The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Law Enforcement MOU and to administer the City's obligations, responsibilities and duties to be performed under the Law Enforcement MOU and related documents, including, but not limited to, the approval and execution on behalf of the City of such certifications, approvals of traffic data collection and traffic studies and such other operating agreements and documents as contemplated in the Law I hereby certify, under !he penalty of perjury, that the above and foregoing is a true and correct copy of an artglnal on deposi thin the cords ,of the Ci of R:/Resos 2010/Resos 10-24 2 Temecula, this.L'��.nday of -; 20�. MIGHAELAA. BALLC'Deputy � by: 1,1' Enforcement MOU or as otherwise necessary and convenient for the implementation of the City's right and obligations under the Law Enforcement MOU. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this ti day of March, 2010. ATTEST: [SEAL] R:/Resos 2010/Resos 10-24 I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on depos, Ilhin t o ecords of the of Temecula, this day o 1�2 3 MICHAELAA.BALLREICH,CM Deputy CityClark 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. 10-24 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of March, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Nagger, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None 1 hereby cehify, ucr'1.,,, ps:r-";r of perjury; that the above and foregoing is a trio etrd correct copy of of original on depos t within th rec�ord�s�of the Cdoy o. Temecula, lhisLday or �'c"'�� 120 6 C1 rk MICHAEUTA. B Q LREICIi, CM Deputy C}{Y- R:/Resos 2010/Resos 10-24 4 \ by: