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030811 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 II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 8, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council /Temecula Redevelopment Agency pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Flores v. City of Temecula, et. al., Riverside County Superior Court Case No. RIC 515028. 2. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Judy Angle et al. v. City of Temecula, et. al., Riverside County Superior Court Case No. RIC 535656. 3. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for property owned by Metropolitan Water District of Southern California. The subject real properties are located west of the westerly terminus of Western Bypass/Temecula Parkway (State Route 79 South) in the City of Temecula, California, and are identified as Riverside County Assessor's Parcel Numbers 922 - 110 -021 and 922 - 210 -011. The negotiating parties are the City of Temecula and the Metropolitan Water District of Southern California. The City negotiators are Greg Butler, Amer Attar and Will Becerra. Under negotiation are the price and terms for the acquisition of the property. 4. Conference on Real Property pursuant to Government Code 54956.8 regarding approximately 32 acres of real property located at the northwest corner of Diaz Road and Dendy Parkway, Temecula; (APN 909 - 370 -002). Under consideration is the potential release of a request for interest regarding the disposition of the subject property and the terms thereof. 1 5. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is City of Temecula v. Pechanga Band of Luiseho Indians, United States District Court Case No. CV10 -07378 DSF(VBK), Central District of California. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Earlene Bundy Invocation: Pastor Oliver Sears of Light of Faith Christian Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS Next in Order: Ordinance: 11 -02 Resolution: 11 -23 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. 2 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 February 22, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- 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 January 31, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2011. 5 Meeting Schedule for City Council Meetings for April 2011 (at the request of Council Members Comerchero and Edwards) RECOMMENDATION: 5.1 Direct the City Clerk to reschedule the regularly scheduled City Council Meetings of April 12, 2011 and April 26, 2011, to April 5, 2011 and April 19, 2011, and perform the appropriate postings and noticing requirements of the Government Code. 6 First Amendment to the Agreement for Phlebotomy Services RECOMMENDATION: 6.1 Approve the First Amendment to Agreement with American Forensic Nurses, dba: AFN for Phlebotomy Services for an additional amount of $15,000 to increase the total contract amount to $45,000. 3 7 Approval of a Contract with Southern California Edison Titled "Contract for Extension of Electric Distribution Line — Rule No. 15" and Authorization of Payment for an Electrical Distribution Line and Street Light Installation for Butterfield Stage Road Extension Project, Project No. PW09 -02 RECOMMENDATION: 7.1 Approve a contract with Southern California Edison (SCE) titled "Contract for Extension of Electric Distribution Line - Rule No. 15" in connection to the Butterfield Stage Road Extension Project, Project No PW09 -02 and authorize the Assistant City Manager to sign the contract; 7.2 Authorize payments to SCE in the amount of $273,057.26 for the electrical distribution line (backbone infrastructure) and $42,031.95 for streetlight installation, for a total payment of $315,089.21. 8 Award of a Construction Contract for Project No. PW10 -05c, Pavement Rehabilitation - Nicolas Road RECOMMENDATION: 8.1 Award a construction contract for Project No. PW10 -05c, Pavement Rehabilitation — Nicolas Road, to Kad Paving Company in the amount of $239,285.75; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $23,928.58, which is equal to 10% of the contract amount. 9 Approval of Administering Agency -State Agreement for State - Funded Projects, Master Agreement and Program Supplement Agreement RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT NO. 00325S AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS 9.2 Approve the attached Administering Agency -State Agreement No. 00325S and the Program Supplement Agreement No. H27 for the Traffic Light Synchronization Program (TLSP) funding, in the amount of $515,000, for the Citywide Adaptive Traffic Light Synchronization System -Phase II Project and authorize the City Manager to sign the agreements. 4 10 Fourth Amendment to the Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation Authority RECOMMENDATION: 10.1 Approve the Fourth Amendment to the Joint Exercise of Powers creating the Western Riverside Regional Conservation Authority. 11 Approve the Sponsorship Request and Funding Agreement for the 2011 Temecula Spring Rod Run RECOMMEDATION: Approve the Event Sponsorship Agreement for city - support costs in an amount up to $59,561.64 for the 2011 Temecula Spring Rod Run and authorize the Mayor to execute the following agreement. 12 Second Amendment to the Agreement with Applied Development Economics for the Quality of Life Master Plan RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement for Applied Development Economics (ADE) for the Quality of Life Master Plan in the amount of $15,225 plus 10% contingency, for a total amount of $16,747.50, and to amend the term to December 31, 2011. 13 Right of Entry Agreement by the Western Riverside County Regional Conservation Authority RECOMMENDATION: 13.1 Approve the Agreement between the City of Temecula and Western Riverside County Regional Conservation Authority. * * * * * *** * * * * * * *** * ** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY * * * * * *** * * * * * * *** * ** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Comerchero Next in Order: Ordinance: No. CSD 11 -01 Resolution: No. CSD 11 -02 ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of February 22, 2011. 15 Acceptance of Landscape Bonds and Agreement for Tract Map 34698 - Emery Place II Parkway RECOMMENDATION: 15.1 Accept the surety bonds and agreement from the Continental Insurance Company to reconstruct parkway along Date Street between Ynez and Margarita Roads. 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD ADJOURNMENT Next regular meeting: Tuesday, March 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA REDEVELOPMENT AGENCY MEETING 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 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of February 22, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next in Order: Ordinance: No. RDA 11 -01 Resolution: No. RDA 11 -07 Next regular meeting: Tuesday, March 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 SPECIAL MEETING OF THE TEMECULA HOUSING AUTHORITY MEETING CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Roberts THA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Housing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record THA CONSENT CALENDAR 17 Establishing the Temecula Housing Authority Administration RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. THA 11- Next in Order: Ordinance: No. THA 11 -01 Resolution: No. THA 11 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA HOUSING AUTHORITY OF THE CITY OF TEMECULA APPROVING CERTAIN ADMINISTRATIVE MATTERS FOR THE WORK OF THE AUTHORITY INCLUDING ESTABLISHING REGULAR MEETING DATES AND TIMES, RULES OF PROCEDURE, OFFICERS AND EMPLOYEES, AGREEMENT AUTHORITY, SEAL, SECRETARY OF STATE NOTICE, OFFICE DESIGNATION, PERSONNEL RULES, REGULATIONS AND POLICIES, CONFLICT OF INTEREST CODE, AND REIMBURSEMENT OF COMMISSIONER EXPENSES 9 THA EXECUTIVE DIRECTORS REPORT THA AGENCY MEMBERS REPORTS THA ADJOURNMENT Next regular meeting: Tuesday, March 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 10 TEMECULA PUBLIC FINANCING AUTHORITY MEETING CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Roberts TPFA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record NO BUSINESS TPFA EXECUTIVE DIRECTORS REPORT THA AGENCY MEMBERS REPORTS TPFA ADJOURNMENT Next in Order: Ordinance: No. TPFA 11 -01 Resolution: No. TPFA 11 -03 Next regular meeting: Tuesday, March 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 11 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 18 Opposition to Liberty Quarry RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 11- CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE LIBERTY QUARRY PROJECT PROPOSED WITHIN THE COUNTY OF RIVERSIDE ADJACENT TO THE SOUTHERN BOUNDARIES OF THE CITY OF TEMECULA Next regular meeting: Tuesday, March 22, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951- 694 -6444. 12 CONSENT CALENDAR Item No. 1 Item No. 2 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 64966.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno Indians, United States District Court Case No. CV10 -07378 DSF(VBK), Central District of California. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Bryce Russell Invocation: Pastor Bill Williamson of Grace Presbyterian Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS /PROCLAMATIONS Taste of the Valley Presentation Reality Rally Presentation Action Minutes1022211 1 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 22, 2011 — 7:00 PM PUBLIC COMMENTS The following individuals addressed the City Council under Public Comments: • Don Levy - Temecula • Richard Tyrrell- Temecula • Tom Courbat - Murrieta • Paul Jacobs - Temecula • Garry Grant - Perris • Jon Atwood - Temecula CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Mayor Roberts who abstained RECOMMENDATION: 2.1 Approve the action minutes of February 8, 2011. 3 List of Demands - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes1022211 2 4 Property Insurance Renewal - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers Insurance Company and Empire Indemnity Insurance Company for the period of February 26, 2011 through February 26, 2012, in the amount of $346,942. 5 Approval of 2010 -11 Mid -Year Budget Adjustments - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2010 -2011 ANNUAL OPERATING BUDGET 6 Lease Agreement with Richards, Watson & Gershon (RWG) at Temecula Civic Center - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve a lease agreement with Richards, Watson & Gershon (RWG) for office space in the Temecula Civic Center, parking facilities available to the public, and provide access to a conference room. 7 Purchase of Eden Software Support and Maintenance - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve the purchase of annual financials and payroll software support from Eden Systems, Inc. for the fiscal year 2010 -11, for the total amount of $37,169.80. Action Minutes1022211 3 8 Acceptance of the Grant Deed for the transfer of the Town Square Market Place properties from the Redevelopment Agency to the City of Temecula - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Accept the Grant Deed for the transfer of the Town Square Market Place properties from the Redevelopment Agency to the City of Temecula. 9 Authorize Temporary Street Closure on Rancho Vista Road in front of Temecula Valley High School for the Every 15 Minutes Program - Approved Staff Recommendation (5- 0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close a portion of Rancho Vista Road for the: 'EVERY 15 MINUTES PROGRAM EVENT' 10 Temporary Street Closures for 2011 Springfest Events - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Edwards who abstained RECOMMENDATION: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Springfest Events: 'SPRING ROD RUN' 'BLUEGRASS FESTIVAL' 'REALITY RALLY' 'TASTE OF THE VALLEY' Action Minutes1022211 4 11 Approval of an Agreement for Funding Acquisition of Mitigation Property for the French Valley Parkway / Interstate -15 Over - Crossing and Interchange Improvements Project - Phases I and II - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: Approve the $73,035.25 agreement between the Riverside County Regional Conservation Authority (RCA) and City of Temecula funding the acquisition of 5- acres of mitigation property. 12 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2009 -10, Project No. PW10 -01 - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Accept the construction of the Citywide Slurry Seal Project FY 2009 -10, Project No. PW 10 -01, as complete; 12.2 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; 12.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. 13 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2009 -10, Project No. PW10 -02 - Approved Staff Recommendation (5 -0- 0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Accept the construction of the Citywide Concrete Repairs FY 2009 -10, Project No. PW 10 -02, as complete; 13.2 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; 13.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. Action Minutes1022211 5 14 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project FY 2009 -10, Project No. PW09 -06 - Approved Staff Recommendation (5 -0 -0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Accept the construction of the Citywide Slurry Seal Project FY 2009 -10, Project No. PVV 09 -06, as complete; 14.2 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; 14.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. At 7:38 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority. At 9:23 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 27 Establishing the Temecula Housing Authority - Approved Staff Recommendation (5 -0- 0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval 27.1 Adopt a resolution entitled: RESOLUTION NO. 11 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE NEED FOR A HOUSING AUTHORITY IN THE CITY OF TEMECULA AND ACTIVATING THE TEMECULA HOUSING AUTHORITY 28 Community Service Funding Program for fiscal year 2010 -11 - Approved Staff Recommendation (4 -0 -1) as amended: increasing the request from Veterans of Foreign Wars to $5,000 and funding the request from Women's Breast Cancer Resource Center (Michelle's Place) to $5,000 — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Edwards who abstained RECOMMENDATION: 28.1 Review and approve the fiscal year 2010 -11 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $47,000 to 15 organizations. Action Minutes1022211 6 The following individuals addressed the City Council with regard to this matter: • Anne Unmacht - Murrieta • Frederick Grindle - Temecula • Gayle Kreeger - Temecula • Rosie Girardot - Temecula • Kim Goodnough CITY MANAGER REPORT CITY ATTORNEY REPORT Assistant City Attorney Lee advised that with respect to the Closed Session item, no action was taken. ADJOURNMENT At 10:01 P.M., the City Council meeting was formally adjourned to Tuesday, March 8, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1022211 7 Ron Roberts, Mayor Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: March 8, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 11- Approvals City Attorney Director of Finance City Manager M-1 fie, aOL 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. 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 $8,800,902.29 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8 th day of March, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Section 2. The City Clerk shall certify the adoption of this resolution. Ron Roberts, Mayor 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8 th day of March, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 02/17/2011 TOTAL CHECK RUN $ 3,797,272.50 02/24/2011 TOTAL CHECK RUN 4,608,782.83 02/17/2011 TOTAL PAYROLL RUN: 394,846.96 TOTAL LIST OF DEMANDS FOR 03/08/2011 COUNCIL MEETING: $ 8,800,902.29 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 851,427.09 165 AFFORDABLE HOUSING 207,220.44 170 MEASURE A FUND 63,041.07 190 TEMECULA COMMUNITY SERVICES DISTRICT 172,116.49 192 TCSD SERVICE LEVEL B 147.76 194 TCSD SERVICE LEVEL D 2,886,064.11 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,467.67 197 TEMECULA LIBRARY FUND 7,104.23 210 CAPITAL IMPROVEMENT PROJECTS FUND 513,871.22 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,760.47 300 INSURANCE FUND 39,128.48 320 INFORMATION SYSTEMS 38,769.40 330 SUPPORT SERVICES 5,745.76 340 FACILITIES 11,528.31 370 CITY 2008 COP'S DEBT SERVICE 563,918.76 380 RDA DEBT SERVICE FUND 5,375.00 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 480,744.32 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 494,172.06 474 AD03 -4 JOHN WARNER ROAD DEBT SERVICE 49,357.13 475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 1,007,434.09 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 128,561.65 477 CFD- RORIPAUGH 868,110.42 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 69.95 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 47.00 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 55.67 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 10.33 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 371.73 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 49.31 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 172.32 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 1,472.35 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 32.46 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 54.63 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 5.41 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 128.06 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 27.47 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 43.92 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 13.59 516 SERVICE LEVEL "C "ZONE 16 TRADEWINDS 31.97 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 16.44 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 133.12 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 130.73 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 172.34 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 291.09 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 142.62 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 7.63 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 164.00 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 52.72 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 2.20 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 43.97 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 241.82 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 4.55 $ 8,406,055.33 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 234,504.18 165 AFFORDABLE HOUSING 10,634.98 190 TEMECULA COMMUNITY SERVICES DISTRICT 101,248.54 192 TCSD SERVICE LEVEL B 145.43 194 TCSD SERVICE LEVEL D 970.82 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 937.98 197 TEMECULA LIBRARY FUND 458.26 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,396.33 300 INSURANCE FUND 1,404.26 320 INFORMATION SYSTEMS 20,811.26 330 SUPPORT SERVICES 5,875.76 340 FACILITIES 8,764.91 501 SERVICE LEVEL "C "ZONE 1 SADDLEWOOD 99.35 502 SERVICE LEVEL "C "ZONE 2 WINCHESTER CREEK 66.27 503 SERVICE LEVEL "C "ZONE 3 RANCHO HIGHLANDS 78.67 504 SERVICE LEVEL "C "ZONE 4 THE VINEYARDS 14.51 505 SERVICE LEVEL "C "ZONE 5 SIGNET SERIES 159.98 506 SERVICE LEVEL "C "ZONE 6 WOODCREST COUNTRY 28.83 507 SERVICE LEVEL "C "ZONE 7 RIDGEVIEW 41.20 508 SERVICE LEVEL "C "ZONE 8 VILLAGE GROVE 271.56 509 SERVICE LEVEL "C "ZONE 9 RANCHO SOLANA 2.20 510 SERVICE LEVEL "C "ZONE 10 MARTINIQUE 12.04 511 SERVICE LEVEL "C "ZONE 11 MEADOWVIEW 7.59 512 SERVICE LEVEL "C "ZONE 12 VINTAGE HILLS 181.02 513 SERVICE LEVEL "C "ZONE 13 PRESLEY DEVELOP. 38.64 514 SERVICE LEVEL "C "ZONE 14 MORRISON HOMES 22.56 515 SERVICE LEVEL "C "ZONE 15 BARCLAY ESTATES 19.24 516 SERVICE LEVEL "C "ZONE 16 TRADEWINDS 45.17 517 SERVICE LEVEL "C "ZONE 17 MONTE VISTA 3.77 518 SERVICE LEVEL "C "ZONE 18 TEMEKU HILLS 167.74 519 SERVICE LEVEL "C "ZONE 19 CHANTEMAR 89.92 520 SERVICE LEVEL "C "ZONE 20 CROWNE HILL 243.44 521 SERVICE LEVEL "C "ZONE 21 VAIL RANCH 411.46 522 SERVICE LEVEL "C "ZONE 22 SUTTON PLACE 9.83 523 SERVICE LEVEL "C "ZONE 23 PHEASENT RUN 10.82 524 SERVICE LEVEL "C "ZONE 24 HARVESTON 231.69 525 SERVICE LEVEL "C "ZONE 25 SERENA HILLS 74.47 526 SERVICE LEVEL "C "ZONE 26 GALLERYTRADITION 3.25 527 SERVICE LEVEL "C "ZONE 27 AVONDALE 10.82 528 SERVICE LEVEL "C "ZONE 28 WOLF CREEK 341.72 529 SERVICE LEVEL "C "ZONE 29 GALLERY PORTRAIT 6.49 394,846.96 TOTAL BY FUND: $ 8,800,902.29 apChkLst Final Check List Page: 1 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1648 02/16/2011 013551 SUMMERHOUSE HOUSING Ph I (20) units /club /pool:Summerhouse 181,279.24 181,279.24 ASSOC 1649 02/17/2011 000444 INSTATAX (EDD) State Disability Ins Payment 24,024.83 24,024.83 1650 02/17/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 83,072.92 83,072.92 1651 02/17/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,616.23 11,616.23 SOLUTION 1652 02/17/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 121,881.61 121,881.61 RETIREMENT) 1653 02/17/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,330.98 2,330.98 SOLUTION 1654 02/17/2011 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 143777 02/17/2011 013835 A PERFECT VIEW WINDOW & Res Impry Prgm:Ortiz, Amy /Misael 6,780.00 6,780.00 DOOR 143778 02/17/2011 013367 ACTIVE MICRO INC MISC TOOLS /EQUIP: PW TRAFFIC 130.50 130.50 143779 02/17/2011 013696 ADRYLAN COMMUNICATIONS network cnslt svcs: Info Sys 1,625.00 INC network cnslt svcs: info sys 825.00 2,450.00 143780 02/17/2011 010904 AFECO INC TIC Charger: Stn 92 190.31 190.31 143781 02/17/2011 011322 AIR CLEANING SYSTEMS INC plymovent maint/repair: Stn 84 1,280.33 1,280.33 143782 02/17/2011 009374 ALLEGRO MUSICAL VENTURES piano tuning svc: library 170.00 piano tuning svc: theater 505.00 675.00 143783 02/17/2011 006915 ALLIES PARTY EQUIPMENT equip rental: tcsd 1/25/11 799.77 equip rental:eco dev 12/4/10 121.34 921.11 143784 02/17/2011 012943 ALPHA MECHANICAL SERVICE HVAC svcs: Fld Op Ctr 283.00 INC HVAC svcs: Library 729.00 HVAC maint: CRC 473.00 HVAC svcs: PBSP 133.00 HVAC svcs: Stn 84 211.00 1,829.00 143785 02/17/2011 001947 AMERIGAS Propane refills: Stn 73 1,015.08 1,015.08 Pagel apChkLst Final Check List Page: 2 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143786 02/17/2011 012985 ANDERSON & HOWARD JAN CABLING: CIVIC CENTER 6,651.83 6,651.83 ELECTRIC INC 143787 02/17/2011 014038 ANTHONY, YVETTE refund:appl to prov eng:permit B11 -0101 176.21 176.21 143788 02/17/2011 001323 ARROWHEAD WATER INC BOTTLED WTR SVCS: CITY FACILITIES 394.86 final bill water svc: City Hall 26.07 420.93 143789 02/17/2011 011954 BAKER &TAYLOR INC (26) BOOK PURCHASE: LIBRARY 779.42 779.42 143790 02/17/2011 014033 BEGNAUD, ED refund:sec dep:kitchen rental:TCC 400.00 400.00 143791 02/17/2011 004040 BIG FOOT GRAPHICS entertainment: day camp 300.00 300.00 143792 02/17/2011 014034 BLASS, DIANE refund:A Collection...B.Streisand Bk 18.98 18.98 143793 02/17/2011 008605 BONTERRA CONSULTING DEC CNSLT SVC:RRSP BASIN 1,143.00 1,143.00 143794 02/17/2011 009437 BRENNER FIELDER & ASSOC, parts for pump: duck pond 968.86 968.86 INC 143795 02/17/2011 003138 CAL MAT PW patch truck materials 727.25 PW patch truck materials 729.95 1,457.20 143796 02/17/2011 000924 CALIF ASSOC OF PUBLIC 11/12 cappo mb:CardenasNollmuth 260.00 260.00 143797 02/17/2011 001054 CALIF BUILDING OFFICIALS 4/11 -3/12 calbo mb:Johnston, Rich 215.00 215.00 143798 02/17/2011 004248 CALIF DEPT OF DUI & drug screenings:police 1,260.00 1,260.00 JUSTICE - ACCTING 143799 02/17/2011 009847 CALIFORNIA PRESENTERS 11 Ca Presenters mb:Beers, Bruce 150.00 150.00 143800 02/17/2011 011813 CALIFORNIA VETERINARY VET SVCS: POLICE K -9 RUDY 871.00 871.00 SPCLST 143801 02/17/2011 004228 CAMERON WELDING SUPPLY Helium tanks rental /refill:TCSD 58.15 58.15 143802 02/17/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,740.06 1,740.06 143803 02/17/2011 014037 CLASS ACT TUXEDO /BRIDAL refund:late fee incorrectly chg'd:025734 15.00 15.00 Page2 apChkLst Final Check List Page: 3 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143804 02/17/2011 003997 COAST RECREATION INC 143805 02/17/2011 004405 COMMUNITY HEALTH CHARITIES 143806 02/17/2011 009905 COMPRISE TECHNOLOGIES INC 143807 02/17/2011 001264 COSTCO WHOLESALE 143808 02/17/2011 014031 COVARRU BIAS, MARIA 143809 02/17/2011 013560 CROWN BUILDING MAINT CO INC 143810 02/17/2011 003272 DAISYWHEEL RIBBON COMPANY INC 143811 02/17/2011 006150 DIALOGIC COMMUNICATIONS CORP. 143812 02/17/2011 002390 EASTERN MUNICIPAL WATER DIST 143813 02/17/2011 000164 ESGIL CORPORATION 143814 02/17/2011 003665 EXCEL COMMERCIAL 143815 02/17/2011 001056 EXCEL LANDSCAPE 143816 02/17/2011 009953 FEDERAL CLEANING CONTRACTORS 143817 02/17/2011 000165 FEDERAL EXPRESS INC 143818 02/17/2011 000166 FIRST AMERICAN TITLE COMPANY (Continued) Description equip parts:stephen linen park Community Health Charities Payment SAM software maint: library MISC SUPPLIES: THEATER refund:Rock...Alphabet Circus bk Jan janitorial svc:harveston park Jan janitorial svcs: city facilities plotter supplies: info systems 4th qtr overage call outs:lnfo Sys Feb water meter:39569 Seraphina Rd DEC PLAN CHECK SVCS: B &S JAN PLAN CHECK SVCS: B &S Jan long distance phone svcs Irrigation repairs: various parks Irrigation repairs: R Cal median Irrigation repairs:redhawk medians Irrigation repairs: various parks Feb janitorial svc: pd mall office 1/11 -21 city express mail services title svcs:29826 Via Puesta title svcs:45657 Corte Lobos title svcs:44019 Sheldon Ct Amount Paid 852.75 66.00 8,606.65 168.95 19.95 131.84 4,077.02 268.73 522.10 36.34 1,132.95 2,061.55 54.05 582.03 215.40 8,311.30 524.96 625.00 215.47 75.00 75.00 Check Total 852.75 Pages 66.00 8,606.65 168.95 19.95 4,208.86 268.73 522.10 36.34 3,194.50 54.05 9,633.69 625.00 215.47 75.00 225.00 apChkLst Final Check List Page: 4 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 143819 02/17/2011 003347 FIRST BANKCARD CENTER 006952 PAYPAL GR Verisign Payflow Pro Transaction 59.95 014035 GLOBAL TRADE GR hpjetdirect printer: info sys 735.97 TECHNOLOGIES 000175 GOVERNMENT FINANCE GR '10 CAFR app fee: Finance 580.00 OFFICERS 006952 PAYPAL HP Verisign Payflow Pro Transaction 251.10 Amount Paid Check Total 014026 RODRIGO'S #21 GY lunch:traffc safety comm 1/24 52.85 009407 YAHOO! TRAVEL JC Yahoo! Travel air booking fee 6.99 007028 AMERICAN AIRLINES JC airfare: NLC cfwash,DC 3/14 -16 410.80 000845 NATIONAL LEAGUE OF CITIES RR regist:NLC cfwash,DC 3/14 -16 420.00 007028 AMERICAN AIRLINES RR airfare:NLC cfwash,DC 3/14 -16 530.80 000871 HILTON RR htl:SCAG RC mtg 1/5/11 121.00 3,169.46 143820 02/17/2011 011145 FOSTER, JILL C. TCSD instructor earnings 470.40 470.40 143821 02/17/2011 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 71.52 71.52 INC 143822 02/17/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 555.51 555.51 143823 02/17/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 310.91 310.91 143824 02/17/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 143825 02/17/2011 000172 GA S B 11 subscr GASB 1 yr:GR 520.00 520.00 143826 02/17/2011 007866 G C S SUPPLIES INC toner cartridges: info sys 253.39 toner cartridges: info sys 4,520.25 4,773.64 143827 02/17/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/5 438.30 438.30 143828 02/17/2011 009608 GOLDEN VALLEY MUSIC sttlmnt: Winter Trifles 2 /5/11 1,456.91 1,456.91 SOCIETY 143829 02/17/2011 014040 GOMEZ, RAY settlement/release claim no. 10 -712 3,600.00 3,600.00 143830 02/17/2011 003792 GRAINGER maint supplies: Stn 84 279.84 279.84 Page4 apChkLst Final Check List Page: 5 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143831 02/17/2011 010279 GRIFFITH AIR TOOL INC 143832 02/17/2011 008081 HALL & FOREMAN INC 143833 02/17/2011 000186 HANKS HARDWARE INC 143834 02/17/2011 001135 HEALTH POINTE MEDICAL GROUP INC 143835 02/17/2011 004811 HEWLETT PACKARD 143836 02/17/2011 001013 HINDERLITER DE LLAMAS & ASSOC 143837 02/17/2011 001517 HORIZON HEALTH 143838 02/17/2011 011342 I A C ENGINEERING INC. 143839 02/17/2011 000194 IC MA RETIREMENT -PLAN 303355 143840 02/17/2011 004833 IMPERIAL PAVING COMPANY INC 143841 02/17/2011 013420 INGRAM LIBRARY SERVICES INC (Continued) Description equip repair /maint: PW Maint Jan cnslt: library parking JAN DESIGN SVC:PAVEMENT REHAB Hardware supplies: CRC Hardware supplies: Ch Museum Hardware supplies: TV Museum Hardware supplies: Civic Ctr Hardware supplies: TCC Hardware supplies: Parks Hardware supplies: PW Maint Hardware supplies: Info Sys HARDWARE SUPPLIES: PW TRAFFIC Hardware supplies: Library Hardware supplies: Civic Ctr Hardware supplies: Aquatics Hardware supplies: MPSC Hardware supplies: Theater emp industrial care svcs: HR equip relocation: info systems sales tax qtr 1 '11 /audit qtr 3 '10 JAN EAP SVCS: HR credit: Jan '11 emp total 156 not 167 release stop notice:Imperial Sprinkler I C M A Retirement Trust 457 Payment asphalt /striping:redhawkM rnch asphalt repair:laPaz &tem pkwy asphalt repair:redhawk/mochis (2) BOOK PURCHASE: LIBRARY 143842 02/17/2011 001573 INLAND EMPIRE FILM Marketing: City of Temecula COMMISSION Amount Paid 675.02 10,481.75 37.52 239.57 86.63 30.52 700.72 8.66 1,373.52 182.02 159.60 264.12 37.49 32.85 73.67 32.13 40.08 45.00 5,802.00 24,080.58 734.80 -48.40 37,283.61 4,313.88 10,240.00 12,524.00 8,122.00 80.44 Check Total 24,080.58 37,283.61 5,000.00 5,000.00 Pages 675.02 10,519.27 3,261.58 45.00 5,802.00 686.40 4,313.88 30,886.00 80.44 apChkLst Final Check List Page: 6 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143843 02/17/2011 001407 INTER VALLEY POOL SUPPLY santizing chemicals:CRC/TES 695.46 695.46 INC 143844 02/17/2011 012295 JAMESON MANAGEMENT INC Garage Door Repair: Stn 73 2,285.76 2,285.76 143845 02/17/2011 014032 JONES, AISHA refund:rm rental:Library 70.00 70.00 143846 02/17/2011 000820 K R W & ASSOCIATES Jan eng pin ck: PW Land Dev 5,775.00 5,775.00 143847 02/17/2011 001091 KEYSER MARSTON Jan cnslt: affordable housing 9,352.36 9,352.36 ASSOCIATES INC 143848 02/17/2011 004412 LEANDER, KERRY D. TCSD instructor earnings 630.00 TCSD instructor earnings 672.00 TCSD instructor earnings 378.00 143849 02/17/2011 000482 LEIGHTON CONSULTING INC NOV /DEC GEOTECH SVC:TCC EXP 444.00 143850 02/17/2011 009388 LETS GET PERSONAL uniforms:code enf /park rangers 499.95 uniforms: B &S 630.42 uniforms: B &S 198.88 1,329.25 143851 02/17/2011 003726 LIFE ASSIST INC MEDICAL SUPPLIES: PARAMEDICS 12.83 12.83 143852 02/17/2011 014030 LITTON, ROMA refund:balance on acct:TCSD 138.40 138.40 143853 02/17/2011 004141 MAINTEX INC janitorial supplies:civic center 254.73 janitorial supplies:var park sites 85.95 janitorial supplies:var park sites 87.95 428.63 143854 02/17/2011 013650 MAMCO, INC. rel.retention: Citywide concrete repairs 16,606.07 16,606.07 143855 02/17/2011 000944 MCCAIN TRAFFIC SUPPLY INC JAN PURCH & INSTALL:TRAFFIC SIG 13,619.83 SYNC PH2 JAN PURCH & INSTALL:TRAFFIC SIG SYI 5,490.56 143856 02/17/2011 012264 MIRANDA, JULIO C. TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 143857 02/17/2011 001067 MITY LITE INC FURNISHINGS:CIVIC CENTER CONF AREA 143858 02/17/2011 005887 MOFFATT &NICHOL 11/28 -12/25 ENG SRVCS:FRENCH VAL ENGINEERS PKWY Pages 1,680.00 444.00 19,110.39 252.00 42.00 402.50 696.50 29,791.15 29,791.15 53,773.30 53,773.30 apChkLst Final Check List Page: 7 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143859 02/17/2011 002925 NAPA AUTO PARTS Parts & supplies:PW Maint 91.00 Auto parts & supplies: Prevention 7.60 98.60 143860 02/17/2011 000727 NATIONAL FIRE PROTECTION Code Books:b &s dept 181.76 181.76 ASSN 143861 02/17/2011 000845 NATIONAL LEAGUE OF CITIES FY 10/11 agency membership dues 6,697.00 6,697.00 143862 02/17/2011 014041 NEVIN, BRANDON release claims agreement pmt 204.60 204.60 143863 02/17/2011 013319 NEWTANGRAM LLC OFFICE NAMEPLATES:CIVIC CENTER 11,249.61 11,249.61 143864 02/17/2011 009337 NOLTE ASSOCIATES INC 11/26 -12/31 eng dsgn srvcs:ped bridge 2,033.26 2,033.26 143865 02/17/2011 002139 NORTH COUNTY TIMES Jan advertising: Temecula Presents 421.35 Jan legal advertising: City Clerk/Pln /PW 627.84 Jan advertising: human resources 298.00 Jan advertising:old town events 145.15 1,492.34 143866 02/17/2011 002139 NORTH COUNTY TIMES Jan newspapersubscr:MPSC 26.00 26.00 143867 02/17/2011 006281 NORTH NET FIRE TRAINING hybrids & newveh tech 2/24 M.Brooks 175.00 175.00 CENTER 143868 02/17/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd mall office 31.20 31.20 DIV 143869 02/17/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 884.65 City Vehicle Maint Svcs:TCSD 36.57 City Vehicle Maint Svcs:TCSD 21.11 City Vehicle Maint Svcs:TCSD 974.34 1,916.67 143870 02/17/2011 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:PWNP DES 674.89 674.89 143871 02/17/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 202.81 City Vehicle Maint Svcs:Code Enf 256.04 City Vehicle Maint Svcs:Code Enf 36.57 495.42 143872 02/17/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: Bldg & Safety 23.75 23.75 Page:7 apChkLst Final Check List Page: 8 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143873 02/17/2011 013198 ORTENZO - HAYES, KRISTINE TCSD Instructor Eamings 577.50 TCSD Instructor Eamings 308.00 TCSD Instructor Eamings 308.00 TCSD Instructor Eamings 616.00 TCSD Instructor Eamings 660.80 TCSD Instructor Eamings 413.00 TCSD Instructor Eamings 413.00 3,296.30 143874 02/17/2011 002498 PETRA GEOTECHN ICAL INC Dec geotechnical srvcs:storm drain impv 1,552.50 1,552.50 143875 02/17/2011 012669 PLAYNETVVORK, INC 1 yr City phones on hold" music:info 359.40 359.40 143876 02/17/2011 010338 POOL & ELECTRICAL Fountain supplies:town square 59.53 PRODUCTS INC Var pool supplies: CRC/TES 128.44 Var pool supplies: CRC/TES 354.21 542.18 143877 02/17/2011 011549 POWER SPORTS UNLIMITED City veh repair& maint:police 272.06 272.06 143878 02/17/2011 000254 PRESS ENTERPRISE Jan advertising:human resources 1,326.30 1,326.30 COMPANY INC 143879 02/17/2011 012904 PRO ACTIVE FIRE DESIGN Jan plan check srvcs:fre prey 4,084.29 4,084.29 143880 02/17/2011 002012 R D 0 EQUIPMENT COMPANY credit:Backhoe & tractor repairs -46.63 Equip repair & maint:pw maint 99.48 52.85 143881 02/17/2011 000262 RANCHO CALIF WATER water meter:closing bill:28922 Pujol St 21.73 21.73 DISTRICT 143882 02/17/2011 000907 RANCHO TEMECULA CAR Jan City veh detailing srvcs:var. depts 94.50 94.50 WASH 143883 02/17/2011 000526 REGENTS OF UNIVERSITY OF local assist res eng acad:AONVB 3/21 -25 590.00 590.00 CALIF 143884 02/17/2011 003591 RENES COMMERCIAL Herbicide appl:City's major arterials 7,750.00 7,750.00 MANAGEMENT 143885 02/17/2011 012545 RENNER, ANDREW V. Train ride:old town holiday 12/10 678.00 678.00 143886 02/17/2011 002110 RENTAL SERVICE Rental of tools & maint:pw maint 23.97 23.97 CORPORATION 143887 02/17/2011 004498 REPUBLIC INTELLIGENT Temp traffic sig pole install:pech pkwy 5,053.67 5,053.67 Pages apChkLst Final Check List Page: 9 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143888 02/17/2011 000411 RIVERSIDE CO FLOOD Dec encroachment permit: S.G. Crk Chnl 49.49 49.49 CONTROL 143889 02/17/2011 000268 RIVERSIDE CO HABITAT January ' 11 K -Rat payment 455.00 455.00 143890 02/17/2011 001365 RIVERSIDE COUNTY OF envir health permit:Civic Center 1,098.00 1,098.00 143891 02/17/2011 000815 ROWLEY, CATHY TCSD Instructor Eamings 350.00 TCSD Instructor Eamings 350.00 TCSD Instructor Eamings 245.00 TCSD Instructor Eamings 420.00 TCSD Instructor Eamings 420.00 1,785.00 143892 02/17/2011 013646 ROY ALLAN SLURRY SEAL, release retention :Citywide Slurry Seal 39,331.84 39,331.84 INC. 143893 02/17/2011 013827 RYAN MONTELEONE grading & slope repair:long cyn basin 10,510.00 10,510.00 EXCAVATION INC 143894 02/17/2011 009196 SACRAMENTO THEATRICAL MISC LIGHTING SUPPLIES: THEATER 154.38 154.38 LIGHTING 143895 02/17/2011 013169 SCHINSKY, WILLIAM C. Jan exhibit id & cataloging:vail ranch 1,645.00 1,645.00 143896 02/17/2011 010089 SECURITAS SECURITYSRVCS Jan securitysrvcs :Harveston Lake Park 1,032.50 1,032.50 USA 143897 02/17/2011 014029 SHAY, LIZZIE refund:guitar lessons,bal on acct:tcsd 121.00 121.00 143898 02/17/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 449.60 449.60 CENTRAL 143899 02/17/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 143900 02/17/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 143901 02/17/2011 000645 SMART & FINAL INC MISC SUPPLIES: FIT PROGRAM 122.52 HOSPITALITY SUPPLIES: THEATER 102.38 HOSPITALITY SUPPLIES: THEATER 29.69 MISC SUPPLIES:DOG HOUSE PGRM 4044 295.03 Page9 apChkLst 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143902 02/17/2011 000537 SO CALIF EDISON 143903 02/17/2011 000282 SO CALIF MUNICIPAL ATHLETIC 143904 02/17/2011 012087 SODEXO SERVICES 143905 02/17/2011 006145 STENO SOLUTIONS TRANSCRIPTION 143906 02/17/2011 014036 STEWART, BRENDA 143907 02/17/2011 001546 STRAIGHT LINE GLASS 143908 02/17/2011 014028 TARDIE, PAUL G. 143909 02/17/2011 000305 TARGET BANK BUS CARD SRVCS 143910 02/17/2011 010679 TEMECULA AUTO REPAIR /RADIATOR 143911 02/17/2011 001035 TEMECULA ENVIRONMENTAL 143912 02/17/2011 004274 TEMECULA VALLEY SECURITY CENTR 143913 02/17/2011 003849 TERRYBERRY COMPANY 143914 02/17/2011 005460 U S BANK 143915 02/17/2011 014039 ULTIMATE MUSIC DIRECT 143916 02/17/2011 000325 UNITED WAY Final Check List (Continued) Description Jan 2 -26 -887- 0789:28757 Harveston Jan 2 -27 -560- 0625:32380 deerhollow Jan 2 -28- 171 - 2620:40820 Winchester Jan 2- 29 -479- 2981:31454 Tem pkwy Jan 2 -29- 974 - 7568:26953 Ynez TC -1 Jan 2 -00- 397- 5059:Comm Svc Utl Jan 2 -30- 608- 9384:28582 harveston '11 membership dues:HP /JP /MW /JW Jan senior nutrition pgrm: mpsc Jan transcription srvcs:Police YAK Council recognition 2/18/11 Glass window replacement: crc Repair Sliding Door: Sta 73 refund:eng grad dep:LD10 -035GR RECREATION SUPPLIES: CRC MISC SUPPLIES: FIT PROGRAM MISC SUPPLIES: MPSC City veh repair & maint:fire prey Trash hauling services:apn xx010 Jul -Dec 10 trash hauling services LOCKSMITH SRVCS:CIVIC CENTER Employee service awards: HR RDA BONDS TRUSTEE FEES:FINANCE refund:dupl pmt online:035490 United Way Charities Payment Amount Paid 1,629.27 2,978.47 710.06 114.07 171.84 7,777.55 478.29 280.00 505.00 914.34 150.00 156.60 106.42 3,000.00 100.17 12.98 89.01 495.83 108.48 2,885,351.04 9,081.88 224.26 5,375.00 35.00 62.00 Page: 10 Check Total 13,859.55 280.00 Page:10 505.00 914.34 150.00 263.02 3,000.00 202.16 495.83 2,885,459.52 9,081.88 224.26 5,375.00 35.00 62.00 apChkLst Final Check List Page: 11 02/17/2011 11:08:57AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 143920 02/17/2011 000341 WILLDAN ASSOCIATES INC Dec traffic eng srvs:pw traffic Grand total for UNION BANK OF CALIFORNIA: Amount Paid Check Total 143917 02/17/2011 004261 VERIZON Febxxx -1941 gen usage:pta cdttacsd 37.01 Feb xxx -1341 gen usage:Theater 343.66 Feb xxx -9661 general usage 38.18 Feb xxx -3910 gen usage:1 st st irrig 4042 459.27 143918 02/17/2011 004848 VERIZON SELECT SERVICES Jan long distance phone svcs 64.89 INC Jan long distance phone svcs 8.91 73.80 143919 02/17/2011 001342 WAXIE SANITARY SUPPLY INC Ladder cart: civic center 599.54 Janitorial supplies: sta 73 256.11 Janitorial supplies: civic center 264.51 JANITORIAL SUPPLIES: CIVIC CENTER 94.94 JANITORIAL SUPPLIES: THEATER 39.15 1,254.25 1,218.90 1,218.90 3,797,272.50 Pagel 1 apChkLst Final Check List Page: 12 02/17/2011 11:08:57AM CITY OF TEMECULA 151 checks in this report. Grand Total All Checks. 3,797,272.50 Page:12 apChkLst Final Check List Page: 1 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1655 02/23/2011 005460 U S BANK '08 COP Debt Srvc Pmt 563,918.76 563,918.76 1656 02/23/2011 005460 U S BANK FY 10/11 Secured Settlement #1 Pmt 3,025,669.06 3,025,669.06 143921 02/24/2011 013367 ACTIVE MICRO INC electrical supplies: TCSD Parks 8.03 8.03 143922 02/24/2011 013988 AFP INTERNATIONAL, LLC 50% dep fitness equip:civic ctr 14,447.01 14,447.01 143923 02/24/2011 004601 ALL THE KING'S FLAGS Flags: conference center 401.30 401.30 143924 02/24/2011 009033 ALLEN, STEVEN L. photography svcs:OT holidays 600.00 photography svcs:New Year's 300.00 900.00 143925 02/24/2011 005037 AMERICAN ASPHALT SOUTH release retention: PW 10 -01 23,170.56 23,170.56 INC 143926 02/24/2011 004240 AMERICAN FORENSIC NURSES DUI & DRUG SCREENINGS: POLICE 739.44 (AFN) DUI & DRUG SCREENINGS: POLICE 317.56 1,057.00 143927 02/24/2011 013338 APPLE STORE employee computer loan program 2,000.00 2,000.00 143928 02/24/2011 008314 AQUATIC DESIGN GROUP Jan design svcs:crc waterslide 10,014.01 10,014.01 143929 02/24/2011 014050 ARIANA MOTORS refund:dupl renewal online:BL #034201 35.00 35.00 143930 02/24/2011 011954 BAKER & TAYLOR INC (69) BOOK PURCHASE: LIBRARY 1,529.11 (52) BOOK PURCHASE: LIBRARY 942.07 2,471.18 143931 02/24/2011 011438 BAKER, BLYTHE EDEN TCSD Instructor Earnings 120.00 120.00 143932 02/24/2011 004040 BIG FOOT GRAPHICS TCSD instructor earnings 532.00 TCSD instructor earnings 385.00 917.00 143933 02/24/2011 000128 BROWN & BROWN OF CALIF WC HJUB9055L51211 2/11 -12 78,267.00 78,267.00 INC 143934 02/24/2011 003138 CAL MAT PW patch truck materials 612.63 PW patch truck materials 62.21 674.84 143935 02/24/2011 004228 CAMERON WELDING SUPPLY helium for pump:mpsc 62.97 62.97 Page:1 apChkLst Final Check List Page: 2 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 143936 02/24/2011 004971 CANON FINANCIAL SERVICES, Feb copier leases: Library INC 143937 02/24/2011 000131 CARL WARREN & COMPANY Jan liability claims mgmt:finance INC 143938 02/24/2011 009640 CERTIFION CORPORATION Jan database subscr:police 143939 02/24/2011 013989 CNS INDUSTRIES, INC. graffiti removal supplies:pw maint 143940 02/24/2011 003997 COAST RECREATION INC playground equip parts:wolf creek 143941 02/24/2011 006303 CONDUIT NETWORKS, INC camera controller:pw traffic 143942 02/24/2011 001264 COSTCO WHOLESALE 11/12 mb: 000111667050820 143943 02/24/2011 013379 COUSSOU, CELINE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 143944 02/24/2011 013560 CROWN BUILDING MAINT CO Jan janitorial svcs:pd old town INC 143945 02/24/2011 008365 CROWNE HILL RESERVE 28 final release disbursement agreement LLC 143946 02/24/2011 004192 DOWNS COMMERCIAL FUELING INC Fuel for City vehicles: TCSD Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: PW Maint PIn /Code Enf B &S PW Traffic PW cip/ld /npdes PW Ind dv /npde! Police 143947 02/24/2011 000523 EASTERN MUNICIPAL WATER sewer relocation pin rvw:PW07 -04 DIST Amount Paid Check Total 2,836.52 2,836.52 2,469.17 2,469.17 158.95 158.95 809.41 809.41 82.69 82.69 480.32 480.32 100.00 100.00 364.00 274.40 210.00 205.80 250.00 207,500.00 1,692.12 1,356.19 495.77 436.31 402.51 211.81 182.91 36.22 207,500.00 5,000.00 5,000.00 Page:2 1,054.20 250.00 4,813.84 apChkLst Final Check List Page: 3 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 143948 02/24/2011 004068 ECALDRE MANALILI -DE VILLA, TCSD Instructor Earnings 337.75 AILEEN 143949 02/24/2011 005880 EDGE DEVELOPMENT INC. Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings JAN CONST: CIVIC CENTER stop notice: J.Spry/Baron Svcs stop notice: S. English /Baron Svcs stop notice: ABC Supply Co, Inc. stop notice: Norman's Nursery, Inc. 143950 02/24/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings 1,050.00 INSTITUTE TCSD instructor earnings 273.00 143951 02/24/2011 013723 ENTECH NORTHWEST INC air quality study:chaparral 3 2,840.00 143952 02/24/2011 000165 FEDERAL EXPRESS INC 1/24 -2/3 city express mail services 143953 02/24/2011 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 441.00 sttlmnt: Live at the Merc 2/11 Amount Paid Check Total 322.00 294.00 224.00 154.00 126.00 70.00 76,361.29 - 1,465.70 - 2,404.98 - 33,048.30 - 36,545.46 277.91 277.91 339.50 780.50 143954 02/24/2011 010326 G E MOBILE WATER, INC Feb washer maint: Stn 73 57.00 Feb washer rent: Stn 73 26.10 83.10 143955 02/24/2011 001937 GALLS INC fire equipment: Stn 84 113.74 113.74 143956 02/24/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/12 603.00 603.00 143957 02/24/2011 013076 GAUDET, YVONNE M. TCSD Instructor Earnings 985.60 985.60 143958 02/24/2011 011898 GONZALEZ, GUSTAVO employee computer loan program 2,000.00 2,000.00 143959 02/24/2011 014052 HAMBY, JOHN refund:viol. dismissed:prkg cite #78061 5.00 5.00 143960 02/24/2011 012954 HANEY, JOHN THOMAS JAN PLAN REVIEW SVCS: B &S 1,925.47 BILLING ADJ: RECALCULATED B10 -: 10.00 1,935.47 143961 02/24/2011 000186 HANKS HARDWARE INC Hardware supplies: Fire 789.03 789.03 143962 02/24/2011 004188 HARRIS & ASSOCIATES Jan pavement rehab: citywide 49,871.20 49,871.20 Page:3 1,527.75 2,896.85 1,323.00 2,840.00 apChkLst 02/24/2011 1:53:06PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143963 02/24/2011 000520 HDL GOREN & CONE INC 143964 02/24/2011 001135 HEALTHPOINTE MEDICAL GROUP INC 143965 02/24/2011 003198 HOME DEPOT, THE 143966 02/24/2011 001517 HORIZON HEALTH 143967 02/24/2011 011342 I A C ENGINEERING INC. 143968 02/24/2011 004833 IMPERIAL PAVING COMPANY INC 143969 02/24/2011 013695 INLAND EMPIRE SHRED IT 143970 02/24/2011 001186 IRWIN, JOHN 143971 02/24/2011 012285 JOHNSTONE SUPPLY 143972 02/24/2011 014053 JUAN, DENNIS D. 143973 02/24/2011 013494 KODANI, KIM 143974 02/24/2011 003726 LIFE ASSIST INC 143975 02/24/2011 008716 MAGEE, BILL 143976 02/24/2011 003782 MAIN STREET SIGNS 143977 02/24/2011 009541 MEYER AND ASSOCIATES 143978 02/24/2011 013390 MILLER, JOSHUA 143979 02/24/2011 013724 MITCHELL CONSTRUCTION Final Check List CITY OF TEMECULA (Continued) Description Jan -Mar property tax cnslt:finance emp industrial care svc:smith,z SANDER RENTAL:OT BOARDWALK SANDER RENTAL:OT BOARDWALK FEB EAP SVCS: HR credit: billing adj Feb emp 155 not 167 Jan const:redhawk park impry asphalt rpr:marg /rancho vista rd 2/14 doc shred svc: Civic Ctr 2/14 doc shred svc: CRC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings water heater part: library refund:overpd renewal online:BL #034712 employee computer loan program MEDICAL SUPPLIES: PARAMEDICS MEDICAL SUPPLIES: PARAMEDICS credit: returned product Performance: Theater 3/4/2011 Signage:redhawk park Misc signs:PW Maintenance Sep const support:TCC Expansion Oct const support:TCC Expansion Aug const support:TCC Expansion TCSD Instructor Earnings Res Impry Prgm: Bobst Amount Paid 5,250.00 243.49 125.00 40.89 734.80 -52.80 102, 737.02 25,789.00 50.00 15.00 509.60 480.20 84.70 63.58 150.00 1,221.04 395.55 154.71 - 212.78 1,000.00 1,117.95 261.54 2,960.00 2,767.50 2,431.25 430.50 2,130.00 Page: 4 Check Total 5,250.00 243.49 165.89 682.00 102,737.02 25,789.00 Page:4 65.00 1,074.50 63.58 150.00 1,221.04 337.48 1,000.00 1,379.49 8,158.75 430.50 2,130.00 apChkLst Final Check List Page: 5 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 143980 02/24/2011 001868 MIYAMOTO - JURKOSKY, SUSAN TCSD Instructor Earnings A. 143981 02/24/2011 013004 MOBILE TRUCK SERVICE INC 143982 02/24/2011 001986 MUZAK - SOUTHERN CALIFORNIA 143983 02/24/2011 006077 N T H GENERATION COMPUTING INC 143984 02/24/2011 002925 NAPA AUTO PARTS 143985 02/24/2011 000727 NATIONAL FIRE PROTECTION ASSN 143986 02/24/2011 014054 NOBLE, DEREK C. OR AMY D. 143987 02/24/2011 002105 OLD TOWN TIRE & SERVICE 143988 02/24/2011 002105 OLD TOWN TIRE & SERVICE 143989 02/24/2011 002105 OLD TOWN TIRE & SERVICE 143990 02/24/2011 002105 OLD TOWN TIRE & SERVICE 143991 02/24/2011 014051 PACE, ALTON N. & WANDA J. 143992 02/24/2011 010320 PETCO ANIMAL SUPPLIES INC 143993 02/24/2011 013115 PETERSON NUGENT, KRISTIN 143994 02/24/2011 002498 PETRA GEOTECHNICAL INC (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Vehicle repair & maint:PW Maint Vehicle repair & maint:PW Maint Vehicle repair & maint:PW Maint Vehicle repair & maint:PW Maint Vehicle repair & maint:PW Maint Feb satellite programing:foc Jan satellite programing:foc Equip for Civic Center City veh. parts & supplies: Sta 84 Cityveh. parts & supplies: Sta 84 Nat'l Fire Codes subscr:Fire Prev refund:overpmt prkg cite #78805 City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:Bldg & Safety CITY VEHICLE MAINT SVCS:PW MAINT CITY VEHICLE MAINT SVCS:PW MAI City Vehicle Maint Svcs:Code Enf partial refund:eng grad dep:LD10 -003GR Food & supplies:police K -9 unit Food & supplies:police K -9 unit TCSD Instructor Earnings TCSD Instructor Earnings JAN GEOTECH SRVCS:REDHAWK PARK IMPRV Amount Paid 382.20 Check Total 327.60 269.99 194.39 151.20 1,325.38 592.82 496.41 463.88 312.89 37.50 1,903.50 103.66 103.66 207.32 27,066.00 27,066.00 8.61 5.62 14.23 905.34 905.34 58.50 58.50 937.77 937.77 266.68 266.68 170.48 80.07 250.55 159.55 159.55 1,500.00 1,500.00 148.09 108.73 256.82 403.20 252.00 655.20 300.00 300.00 Page:5 apChkLst Final Check List Page: 6 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 143995 02/24/2011 000254 PRESS ENTERPRISE 2/28/11- 2/26 /12 subscr:Pln 1633708 175.76 175.76 COMPANY INC 143996 02/24/2011 003697 PROJECT DESIGN 1/10 -2/6 dsgn srvcs:mur creek 1,490.36 1,490.36 CONSULTANTS 143997 02/24/2011 005075 PRUDENTIAL OVERALL Jan uniform /flr mts/twl rentals:city 1,103.51 1,103.51 SUPPLY 143998 02/24/2011 009066 RADAR SHOP INC, THE Repair lidar gun:police 77.00 77.00 143999 02/24/2011 002072 RANCHO CALIF WATER Final inspection deposit:79N Corridor 158.69 158.69 DIST -FEES 144000 02/24/2011 002072 RANCHO CALIF WATER Fire flow test update:O.T. Gym 150.00 150.00 DIST -FEES 144001 02/24/2011 000262 RANCHO CALIF WATER Jan var water meters:TCSD svc lev C 2,510.01 DISTRICT Feb var water meters:TES Pool SC -2 46.62 Jan var water meters:Calle Elenita 8.76 2,565.39 144002 02/24/2011 009725 RAZAVI, MANDIS TCSD Instructor Earnings 686.00 TCSD Instructor Earnings 480.20 1,166.20 144003 02/24/2011 000271 RBF CONSULTING DEC ENG SRVCS: I- 15/79S ULT. 35,906.51 INTRCHG OCT PROF SRVCS:I- 15/SR79S ULT. 4,508.00 40,414.51 144004 02/24/2011 002412 RICHARDS WATSON & Dec 2010 legal services 129,470.23 129,470.23 GERSHON 144005 02/24/2011 000353 RIVERSIDE CO AUDITOR Jan '11 parking citation assessments 7,388.63 7,388.63 144006 02/24/2011 001592 RIVERSIDE CO INFO Jan radio rentals:police /prk rngrs 1,670.57 1,670.57 TECHNOLOGY 144007 02/24/2011 000355 RIVERSIDE CO REGISTRAR OF Election srvcs: 11/2/10 71,096.40 71,096.40 VOTE 144008 02/24/2011 001365 RIVERSIDE COUNTY OF pool waterslide plan ck fee:crc 700.00 700.00 144009 02/24/2011 012251 ROTH, DONALD J. TCSD Instructor Earnings 567.00 567.00 144010 02/24/2011 013651 SAN DIEGO DAILY Advertising: marketing pgrm 3,500.00 3,500.00 TRANSCRIPT Page:6 apChkLst Final Check List Page: 7 02/24/2011 1:53:06PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144011 02/24/2011 000278 SAN DIEGO UNION TRIBUNE 144012 02/24/2011 011511 SCUBA CENTER TEMECULA 144013 02/24/2011 009213 SHERRY BERRY MUSIC 144014 02/24/2011 000537 SO CALIF EDISON 144015 02/24/2011 001212 SO CALIF GAS COMPANY 144016 02/24/2011 000519 SOUTH COUNTY PEST CONTROL INC 144017 02/24/2011 002015 STAR WAY PRODUCTIONS 144018 02/24/2011 009061 STURDIVANT, ANGELA P. 144019 02/24/2011 013387 SWEEPING UNLIMITED INC 144020 02/24/2011 000305 TARGET BANK BUS CARD SRVCS 144021 02/24/2011 012265 TEMECULA ACE HARDWARE C/O 144022 02/24/2011 010493 TEMECULA TOWNE CENTER ASSOC LP 144023 02/24/2011 011736 TEMECULA TROPHY INC 144024 02/24/2011 000515 TEMECULA VALLEY CHAMBER OF 144025 02/24/2011 000306 TEMECULA VALLEY PIPE & SUPPLY (Continued) Description Jan recruitment ads:HR TCSD Instructor Earnings Jazz @ the Merc 02/17/11 Jazz @ the Merc 02/10/11 Jan 2 -05- 791- 8807:tcsd:var TC- 1,LS -3 Jan 2 -31- 693 - 9784:26036 Ynez TC -1 Jan 2- 30- 296 - 9522:31035 rancho vista Jan 2 -30- 099 - 3847:29721 Ryecrest Feb 055 -475- 6169- 5:PBSP Feb pest control services: OATC Feb pest control services: Stn 92 Audio equip /tech srvcs: parade 12/3 Sound system repairs: old town TCSD Instructor Earnings Feb sweeping srvcs:parking garage Camera /office supplies:code enforce Hospitality supplies:theater hardware supplies:var park sites Mar lease pmt: Police Mall Storefront Awards: Sports programs Recognition awards:csd nametag: s. casey /c.museum 3/1/11 - 3/1/12 membership dues: T.C.C. Irrigation /plumbing supplies:var parks Amount Paid 772.21 336.00 367.50 346.50 Check Total 772.21 336.00 714.00 20,568.60 924.55 539.14 21.84 22,054.13 91.33 91.33 48.00 42.00 90.00 1,095.00 480.00 1,575.00 100.00 100.00 500.00 500.00 206.59 114.36 320.95 35.17 35.17 1,458.33 1,458.33 297.43 71.72 8.65 377.80 230.00 230.00 132.07 132.07 Page:7 apChkLst 02/24/2011 1:53:06PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144027 02/24/2011 010276 TIME WARNER CABLE 144028 02/24/2011 000319 TOMARK SPORTS INC 144029 02/24/2011 013688 TORREY PINES BANK 144030 02/24/2011 004261 VERIZON 144031 02/24/2011 004789 VERIZON ONLINE 144034 02/24/2011 000621 WESTERN RIVERSIDE COUNCIL OF 144035 02/24/2011 008402 WESTERN RIVERSIDE COUNTY Final Check List CITY OF TEMECULA (Continued) Description 144026 02/24/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs: civic center CENTR Locksmith srvcs: civic center Locksmith srvcs: civic center Locksmith srvcs: civic center Locksmith srvcs: civic center Feb high speed internet:32211 wolf vly Feb high speed internet:32364 overlap Misc park equip:var park sites Escrow# 4110170281 Edge Inv # 26 Feb xxx -5072 general usage Feb xxx -0682 gen usage:OT sound sy Feb xxx -0073 general usage Feb xxx -3143 gen usage:PD overland Feb xxx -7562 gen usage:irrig contrllr Feb xxx -8573 general usage Feb xxx -5473 gen usage:Moraga Rd Feb xxx -2372 wolf crk pk irrig control Feb -Mar Internet svc:City Hall 144032 02/24/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CITY FAC'S 144033 02/24/2011 003730 WEST COAST ARBORISTS INC 1/1 -15/11 tree trimming srvcs:pw 1/1 -15/11 tree trimming srvcs:villages Jan '11 TUMF Payment Jan '11 MSHCP payment Amount Paid 757.38 314.94 293.58 34.19 24.69 102.17 44.95 487.48 1,289.85 1,739.69 232.56 89.62 48.31 39.25 37.01 37.01 37.01 269.99 899.34 6,184.00 1,280.00 79,857.00 21,796.02 Grand total for UNION BANK OF CALIFORNIA: Page: 8 Check Total Page:8 1,424.78 147.12 487.48 1,289.85 2,260.46 269.99 899.34 7,464.00 79,857.00 21,796.02 4,608,782.83 apChkLst Final Check List Page: 9 02!24/2011 1:53:06PM CITY OF TEMECULA 117 checks in this report. Grand Total All Checks: 4,608,782.83 Page:9 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: March 8, 2011 SUBJECT: City Treasurer's Report as of January 31, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of January 31, 2011. 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 January 31, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of January 31, 2011 Investments Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Reporting period 01/01/2011-01/31/2011 Run Date: 02/28/2011 -10:15 Par Value 40,429,433.91 1.00 48,779,907.12 16,000,000.00 20,71 7,000.00 125,926,342.03 3,818,531.23 129,744,873.26 January 3l Month Ending 83,207.77 120, 627, 567.80 0.81% City of Temecula, California Portfolio Management Portfolio Summary January 31, 2011 Market Value 40,429,433.91 1.00 48,832,407.65 16,1 77,150.00 20,949,135.45 126,388,128.01 125,897,803.55 3,818,531.23 3,818,531.23 7.01 3,818,538.24 3,818,538.24 130,206, 666.25 129,716,341.79 Fiscal Year To Date 783,354.80 134, 668,814.49 0.99% 40,429,433.91 1.00 48,779,907.12 16,000,000.00 20,688,461.52 Book %of Value Portfolio 7.01 32.11 0.00 38.75 12.71 16.43 Term 1 1 1 1,410 802 100.00% 312 185 0.878 0.890 1 Days to Maturity 1 1 1 1,085 282 1 City of Temecula 43200 Business Park Drive P.Q. BoX 9033 Temecula, CA, 92590 (951)694 -6430 YTM YTM 360 Equiv. 365 Equiv. 0.487 0.493 0.000 0.000 0.531 0.538 1.948 1.975 1.635 1.657 0.000 0.000 312 185 0.878 0.890 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP Run Date: 02/2812011 - 10:15 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003 -2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008 -1 01 -2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006 -4 01 -2 RESA2 First American Treasury 26.14 26.14 26.14 0.000 0.000 1 104348016 -3 01 -2 RESB2 First American Treasury 63.72 63.72 63.72 0.000 0.000 1 104348000 -4 01 -2 SPTAX2 First American Treasury 106.74 106.74 106.74 0.000 0.000 1 94669911 -2 03 -1 ACQA2 First American Treasury 4,530.51 4,530.51 4,530.51 0.000 0.000 1 94669921-3 03 -1 ACQB3 First American Treasury 2,118.47 2,118.47 2,118.47 0.000 0.000 1 94669902-3 03 -1 BON D3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03 -1 RES A3 First American Treasury 1.09 1.09 1.09 0.000 0.000 1 94669916 -2 03 -1 RES B2 First American Treasury 4.48 4.48 4.48 0.000 0.000 1 94669900 -4 03 -1 SPTAX1 First American Treasury 0.43 0.43 0.43 0.000 0.000 1 793593011 -2 03 -2 ACQ 2 First American Treasury 75,444.17 75,444.17 75,444.17 0.000 0.000 1 793593009 -2 03 -2 EMW D 2 First American Treasury 4,229.47 4,229.47 4,229.47 0.000 0.000 1 793593007 -2 03 -2 IMP 2 First American Treasury 5,102.18 5,102.18 5,102.18 0.000 0.000 1 793593016 -4 03 -2 LOC 2 First American Treasury 4.23 4.23 4.23 0.000 0.000 1 793593010 -2 03 -2 PWADM2 First American Treasury 4,175.50 4,175.50 4,175.50 0.000 0.000 1 793593006 -2 03 -2 RES 2 First American Treasury 367.94 367.94 367.94 0.000 0.000 1 793593000 -3 03-2 SPTX2 First American Treasury 1,179,993.25 1,179,993.25 1,179,993.25 0.000 0.000 1 744727011 -2 03-3 ACQ2 First American Treasury 81,818.43 81,818.43 81,818.43 0.000 0.000 1 744727002 -2 03 -3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007 -2 03 -3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03 -3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006 -3 03 -3 RES3 First American Treasury 8.66 8.66 8.66 0.000 0.000 1 744727000 -4 03 -3 SP TX 4 First American Treasury 8.18 8.18 8.18 0.000 0.000 1 94686001 -2 03 -4 ADMIN2 First American Treasury 5,261.74 5,261.74 5,261.74 0.000 0.000 1 94686005 -1 03 -4 PREP1 First American Treasury 15.75 15.75 15.75 0.000 0.000 1 94686000 -1 03 -4 RED1 First American Treasury 2.31 2.31 2.31 0.000 0.000 1 94686006 -2 03 -4 RES2 First American Treasury 10.29 10.29 10.29 0.000 0.000 1 786776002 -2 03 -6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 786776007 -2 03 -6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006 -2 03 -6 RES2 First American Treasury 0.04 0.04 0.04 0.000 0.000 1 786776000 -3 03 -6 SP TX3 First American Treasury 12.92 12.92 12.92 0.000 0.000 1 95453510 -2 88 -12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518 -4 88 -12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003 -4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0 -2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160 -1 RDA 02 INT1 First American Treasury 640,708.13 640,708.13 640,708.13 0.000 0.000 1 94 43 41 61 -2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Managed Pool Accounts 107886008 -2 107886001 107886000 -2 107886018 -3 107886010 -2 107686016 -2 107886030 -2 107886027 -2 107886020 -2 107886028 -2 107886026 -2 SYSRDA 10 DS 1 SYSRDA 10A CIP2 136343018-2 136343000 -1 94432360 -2 94432363 793593011 -1 793593009 -1 793593007 -1 793593010 -1 793593006 -3 122216008 122216003 -1 107886008 -1 107886018 -2 107886030 -1 107886027 -1 107886028 -1 107886026 -1 107886006 94434166 SYS95453516 -1 Letter of Credit 104348006 -1 Run Date: 02/2812011 - 10:15 Investment # RDA 06 CIPA2 RDA 06 PRIN RDA 06A INT2 RDA 06B CIP3 RDA 06B INT2 RDA 06B RES2 RDA 07 CAPI2 RDA 07 ESC2 RDA 07 INT2 RDA 07 PROJ2 RDA 07 RES2 RDA 10 DS 1 RDA 10A CIP2 RDA 10B CIP2 RDA 16B -INT1 TCSD COP INT 02001 03 -2 -1 ACQUI 03 -2 -1 EMWD 03 -2 -1 IMPRO 03 -2 -1 PW AD 03 -2 -3 RESER CITY COP CIP CITY COP RE1 RDA 06 CIP -1 RDA 06 CIP -2 RDA 07 CAP -1 RDA 07 ESC -1 RDA 07 PRO -1 RDA 07 RES -1 RDA 06 RES A RDATABs RES 95453516 -1 Issuer First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury Financial Security Assurance CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun MBIA Surety Bond MBIA Surety Bond USBANK Average Balance Subtotal and Average 39,075,77428 02008 ASSURANCE CO BOND INSURANCE Subtotal and Average 1.00 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2011 Purchase Date Par Value Market Value 07/01/2010 1.00 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date 0.00 0.00 0.00 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 368,518.13 368,518.13 368,518.13 0.000 0.000 1 245,900.14 245,900.14 245,900.14 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 202,115.00 202,115.00 202,115.00 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 1,913.54 1,913.54 1,913.54 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 07/01/2010 19,394.96 19,394.96 19,394.96 0.000 0.000 1 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 07/01/2010 505,297.40 505,297.40 505,297.40 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 29,017,662.82 29,017,662.82 29,017,662.82 0.538 0.531 0.538 1 1,565,165.11 1,565,165.11 1,565,165.11 0.538 0.531 0.538 1 116,041.05 116,041.05 116,041.05 0.538 0.531 0.538 1 308,862.86 308,862.86 308,862.86 0.538 0.531 0.538 1 3,613,105.77 3,613,105.77 3,613,105.77 0.538 0.531 0.538 1 0.00 0.00 0.00 0.538 0.531 0.538 1 792,745.56 792,745.56 792,745.56 0.538 0.531 0.538 1 0.00 0.00 0.00 0.538 0.531 0.538 1 0.00 0.00 0.00 0.538 0.531 0.538 1 0.00 0.00 0.00 0.538 0.531 0.538 1 0.00 0.00 0.00 0.538 0.531 0.538 1 559,221.91 559,221.91 559,221.91 0.538 0.531 0.538 1 1,106,208.88 1,106,206.68 1,106,208.88 0.538 0.531 0.538 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 40,429,433.91 40,429,433.91 40,429,433.91 0.487 0.493 1 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 Page 3 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 732,299.12 732,299.12 732,299.12 0.538 0.531 0.538 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,890,243.00 3,890,243.00 3,890,243.00 0.538 0.531 0.538 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 928,893.22 928,893.22 928,893.22 0.538 0.531 0.538 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.538 0.531 0.538 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.538 0.531 0.538 1 SYSCITY CITY CA Local Agency Investment Fun 4,544,118.36 4,550,758.78 4,544,118.36 0.538 0.531 0.538 1 SYSRDA RDA CA Local Agency Investment Fun 15,232,302.47 15,254,561.78 15,232,302.47 0.538 0.531 0.538 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,269,173.53 1,269,173.53 1,269,173.53 0.538 0.531 0.538 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 548.01 548.01 548.01 0.538 0.531 0.538 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,032,033.29 6,032,033.29 6,032,033.29 0.538 0.531 0.538 1 SYSTCSD TCSD CA Local Agency Investment Fun 16,150,296.12 16,173,896.92 16,150,296.12 0.538 0.531 0.538 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 984,340.00 1,000,000.00 1.250 1.233 1.250 1,385 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 997,190.00 1,000,000.00 1.350 1.332 1.350 1,049 12/16/2013 3133XVF63 01147 Federal Horne Loan Bank 10/26/2009 1,000,000.00 1,012,760.00 1,000,000.00 2.100 2.071 2.100 815 04/26/2013 3133724V3 01158 Federal Home Loan Bank 12/30/2010 1,000,000.00 997,150.00 1,000,000.00 1.125 1.110 1.125 1,063 12/30/2013 3134G1Y65 01162 Federal Horne Loan Mtg Corp 01/25/2011 1,000,000.00 1,002,130.00 1,000,000.00 1.500 1.479 1.500 1,270 07/25/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,137,840.00 2,000,000.00 4.000 3.945 4.000 769 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,069,770.00 1,000,000.00 4.000 3.945 4.000 785 03/27/2013 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,011,540.00 1,000,000.00 3.000 2.959 3.000 1,273 07/28/2014 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,012,290.00 1,000,000.00 2.000 1.973 2.000 1,386 11/18/2014 3136FPNT0 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 994,700.00 1,000,000.00 0.625 0.616 0.625 990 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 989,440.00 1,000,000.00 1.150 1.134 1.150 1,168 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 989,700.00 1,000,000.00 1.000 1.601 1.623 1,092 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 980,640.00 1,000,000.00 1.125 1.110 1.125 1,401 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 999,950.00 1,000,000.00 1.300 1.282 1.300 1,063 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 997,710.00 1,000,000.00 1.450 1.430 1.450 1,088 01/24/2014 Run Date: 02/2812011 - 10:15 Subtotal and Average 42,417,431.53 Subtotal and Average 14,483,870.97 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2011 48,779,907.12 48,832,407.65 48,779,907.12 0.531 0.538 1 16,000,000.00 16,177,150.00 16,000,000.00 1.948 1.975 1,085 Page 4 Federal Agency Bullet Securities 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,010,760.00 1,993,700.00 2.625 2.703 2.740 79 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,021,260.00 998,140.00 3.500 3.514 3.563 244 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,015,530.00 999,000.00 3.625 3.610 3.661 164 07/15/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,032,090.00 997,500.00 2.250 2.284 2.316 909 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,029,140.00 1,000,000.00 2.150 2.121 2.150 734 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,016,230.00 1,000,000.00 1.550 1.529 1.550 622 10/15/2012 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 02/2812011 - 10:15 City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2011 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XRRU6 01101 Federal Horne Loan Bank 07/03/2008 1,000,000.00 1,014,590.00 998,570.00 3.625 3.626 3.676 150 07/01/2011 3133XSWM6 01124 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,016,800.00 1,000,000.00 2.100 2.071 2.100 356 01/23/2012 3133XTN85 01125 Federal Horne Loan Bank 05/07/2009 1,000,000.00 1,009,010.00 1,000,000.00 1.500 1.479 1.500 279 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,024,180.00 1,000,000.00 2.250 2.219 2.250 496 06/11/2012 3133XVEM9 01150 Federal Horne Loan Bank 11/04/2009 1,000,000.00 1,018,450.00 1,000,000.00 1.625 1.603 1.625 659 11/21/2012 3133XVRS2 01151 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,005,990.00 999,750.00 1.000 0.998 1.012 330 12/28/2011 313588CM5 01- 2RESA10 Federal National Mtg Assn 09/09/2010 440,785.00 440,745.33 440,361.36 0.200 0.203 0.206 28 03/01/2011 313588CM5 01- 2REXB10 Federal National Mtg Assn 09/09/2010 202,860.00 202,841.74 202,665.03 0.200 0.203 0.206 28 03/01/2011 313588CM5 01- 2SPTAX10 Federal National Mtg Assn 09/09/2010 136,950.00 136,937.67 136,818.37 0.200 0.400 0.406 28 03/01/2011 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,018,710.00 991,250.00 1.750 2.024 2.052 556 08/10/2012 313588CM5 03 -01 RESA10 Federal National Mtg Assn 09/09/2010 864,730.00 864,652.17 863,898.91 0.200 0.203 0.206 28 03/01/2011 313588CM5 03 -01 RESB10 Federal National Mtg Assn 09/09/2010 223,160.00 223,139.92 222,945.52 0.200 0.203 0.206 28 03/01/2011 313588CM5 03 -01 SPTAX10 Federal National Mtg Assn 09/09/2010 153,125.00 153,111.22 152,977.83 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 02LC10 Federal National Mtg Assn 09/09/2010 1,671,155.00 1,671,004.60 1,669,548.85 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 04PRE10 Federal National Mtg Assn 09/09/2010 4,060.00 4,059.63 4,056.10 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 04RED10 Federal National Mtg Assn 09/09/2010 10,405.00 10,404.06 10,395.00 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 04RES10 Federal National Mtg Assn 09/09/2010 96,550.00 96,541.31 96,457.21 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 06RES10 Federal National Mtg Assn 09/09/2010 338,200.00 338,169.56 337,874.96 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 06SPTAX10 Federal National Mtg Assn 09/09/2010 55,860.00 55,854.97 55,806.31 0.200 0.203 0.206 28 03/01/2011 313588CM5 03 -1 ACQ 10 Federal National Mtg Assn 12/15/2010 13,000.00 12,998.83 12,994.74 0.200 0.392 0.397 28 03/01/2011 313588CM5 03- 3RES10 Federal National Mtg Assn 09/09/2010 2,173,200.00 2,173,004.41 2,171,111.34 0.200 0.203 0.206 28 03/01/2011 313588CM5 03- 3SPTAX10 Federal National Mtg Assn 09/09/2010 332,960.00 332,930.03 332,639.99 0.200 0.203 0.206 28 03/01/2011 Subtotal and Average 20,688,461.52 20,717,000.00 20,949,135.45 20,688,461.52 1.635 1.657 282 Total and Average 120,627,567.80 125,926,342.03 126,388,128.01 125,897,803.55 0.878 0.890 185 Page 5 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 02/2812011 - 10:10 City of Temecula, California Portfolio Management Portfolio Details - Cash January 31, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA #1202 AAA #1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 1,648,488.90 1,648,488.90 1,648,488.90 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 24,669.88 24,669.88 24,669.88 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 2,132,658.10 2,132,658.10 2,132,658.10 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 9,904.35 9,904.35 9,904.35 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 7.01 7.01 1 Subtotal 3,818,538.24 3,818,538.24 Total Cash and Investments 120,627,567.80 129,744,873.26 130,206,666.25 129,716,341.79 0.878 0.890 185 Page 6 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through January 31, 2011 Fund Total 001 GENERAL FUND $ 26,902,822.55 101 STATE TRANSPORTATION FUND 198,680.93 120 DEVELOPMENT IMPACT FUND 3,926,610.81 150 AB 2766 FUND 554,775.53 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 12,538,866.56 170 MEASURE A FUND 7,690,787.14 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,558,892.56 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 171,127.27 194 TCSD SERVICE LEVEL "D" REFUSE /RECYCLING 3,129,685.58 195 TCSD SERVICE LEVEL "R" STREET /ROAD MAINT 7,727.27 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 227,735.37 197 TEMECULA LIBRARY FUND 815,714.11 210 CAPITAL IMPROVEMENT PROJECT FUND 10,860,186.01 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 4,642,196.94 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 1,010,711.65 277 CFD - RORIPAUGH 30,783,644.80 280 REDEVELOPMENT AGENCY - CIP PROJECT 557,513.36 300 INSURANCE FUND 796,445.21 310 VEHICLES FUND 970,003.73 320 INFORMATION SYSTEMS 606,137.25 330 SUPPORT SERVICES 346,758.30 340 FACILITIES 228,780.86 370 CITY 2008 COP'S DEBT SERVICE 795,768.67 380 RDA DEBT SERVICE FUND 3,460,486.18 390 TCSD 2001 COP'S DEBT SERVICE 98,949.93 460 CFD 88 -12 DEBT SERVICE FUND 27,406.19 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 1,330,539.34 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,782,929.93 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 168,378.17 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 3,863,199.56 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 568,870.38 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 8,672,978.14 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 8,647.01 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 41,443.24 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 31,296.13 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 1,524.54 505 SERVICE LEVEL "C" ZONE 5 SIGNET 6,346.35 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 12,939.18 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 2,679.83 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 22,596.40 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 11,339.06 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 4,370.84 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 785.82 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 24,574.32 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 104.37 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 1,548.37 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 1,139.83 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 58,804.62 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 548.43 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 11,904.22 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 52,342.82 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 131,032.41 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 95,599.60 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 272.00 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 7,882.31 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 138,031.67 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 18,773.35 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 427.80 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 187,799.73 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 3,992.51 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,609.21 Grand Total: $ 130,206,666.25 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: March 8, 2011 Approvals City Attorney Director of Finance City Manager SUBJECT: Meeting Schedule for City Council Meetings for April 2011 (at the request of Council Members Comerchero and Edwards) RECOMMENDATION: That the City Council direct the City Clerk to reschedule the regularly scheduled City Council Meetings of April 12, 2011 and April 26, 2011, to April 5, 2011 and April 19, 2011, and perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: The Riverside County Planning Commission hearing regarding the Liberty Quarry is scheduled on April 26, 2011, from 4:00 p.m. to 10:00 p.m. Since this meeting conflicts with a regularly scheduled City Council Meeting, Council Members Comerchero and Edwards suggest moving the City Council Meetings in April to the first and third Tuesday of the month, instead of the regularly scheduled second and fourth Tuesday of the month. FISCAL IMPACT: None. ATTACHMENTS: None. Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Andre O'Harra, Chief of Police DATE: March 8, 2011 SUBJECT: First Amendment to the Agreement for Phlebotomy Services PREPARED BY: Heidi Schrader, Senior Management Analyst Approvals City Attorney Director of Finance City Manager RECOMMENDATION: That the City Council approve the First Amendment to Agreement with American Forensic Nurses, DBA: AFN for Phlebotomy Services for an additional amount of $15,000 to increase the Total Contract Amount to $45,000. BACKGROUND: The City of Temecula Police Department utilizes American Forensic Nurses for Phlebotomy Services to draw blood for DUI analysis and for collection of evidence in sexual assault cases. They provide good service and come to the Police Station, the Southwest Detention Center and even stand by at DUI checkpoints. American Forensic Nurses is utilized by the Riverside County Sheriff's Department as well. In the past year, the Police Department has performed a number of DUI enforcement activities as the result of an Office of Traffic Safety (OTS) grant. This has resulted in several arrests as well as a deterrent to drivers not to drink and drive on City streets. It has also increased the number of blood draws performed for the City of Temecula. In addition, the City of Temecula is billed by American Forensic Nurses for any blood draw that is the result of a Temecula case. This includes blood draws requested by CHP Officers working within the City. In Fiscal Year 2009-2010 the total annual amount paid to American Forensic Nurses was $39,998. This contract amendment will increase the contract amount to $45,000 for the Fiscal Year 2010 -11. FISCAL IMPACT: Adequate funds exist within the 2010 -11 Police Department budget to meet the increased contract amount. ATTACHMENTS: First Amendment to Agreement Between City of Temecula and American Forensic Nurses, DBA: AFN for Phlebotomy Services. PD11 -03 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND AMERICAN FORENSIC NURSES, DBA: AFN FOR PHLEBOTOMY SERVICES THIS FIRST AMENDMENT is made and entered into as of February 8, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and American Forensic Nurses, DBA: AFN, a Corporation (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On August 11, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Phlebotomy Services ", in the amount of $30,000.00. b. The parties now desire to increase the amount of payment by $15,000.00, and amend the Agreement as set forth in this Amendment. 2. Section Four of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Fifteen Thousand Dollars and No Cents ($15,000.00) for additional phlebotomy services for a total Agreement amount of Forty -Five Thousand Dollars and No Cents ($45,000.00)." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R: /Finance /Finance Dept Agreements /Agreements- 2010 -11 /American Forensic Nurses.Amendl.PD11- 03.1 -31 -11 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: By: ATTEST: Ron Roberts, Mayor By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT AMERICAN FORENSIC NURSES, DBA: AFN (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) 2 G. Faye Battiste -Otto, President & CEO American Forensic Nurses, DBA: AFN Attn: Faye Battiste -Otto 255 North Elo Cielo Road, #140 -195 Palm Springs, CA 92262 Phone: 760- 322 -9925 Fax: 760- 322 -9914 info @amrn.com R: /Finance /Finance Dept Agreements /Agreements- 2010 -11 /American Forensic Nurses.Amendl.PD11- 03.1 -31 -11 FSM Initials• Date: tea, Date. (rmor, Time 2100 pi Location: Palm Springs, Califon .i Prnsrst For Sattists Otto, Prrsrdevtvsecrrrmy /Chief Fhranc at Officer (CFO) Other" Present. None Minutes Approved from Pres•Iva. Meeting L44,,b6- Approved by Faye B.rttdetrdtito Agenda and Actions Taken: On a motion hrought by the President /Secretary /CFO of the Corporation, the President / Secretary / CFO of the Corporation la hereby authorized to enter a long-to= leave of the real property located at 3d3 & 330 South San IaRr+ u Street. Hemet, Californls. The specific terns of the lease shall be' negotiated by the President /Secretary /CFO who is authorized to execute all documents and real estate transactions as required. On oration crude try the President/Secretary/CFO It was unanirttatuly approved to coiitinue to do business with Guarantee Federal Bank Palen Springs. AU chocks drafts and other instruments obligating the corporation alta11 b wed by the President /Secretary /CFO. Can notxm by the President /Secretary /CFO of the Corporation. and thereafter unanimously approved, she is hereby authorised to apply to the State of Califruttia for a license in the name of the Corporation to conduct an assisted living business at the premises listed above. It was unanimously approved that, without further authorization by this Board of Dircttnrs, the Pr idcnt /ecretary/ CFO is hereby authorized tv execute all drk'liment9, contracts hoses, Vehicle purchases, Lank loans, service agreements which ensure to the benefit of the corporatism, including cctltrartr far aervi:ci, leases, bank Intel ducuments, short and long term license agreements. It war noted by the President /Secretary/(1O that significant imprvveinent: will be required prior to opening the new business operation In Hemet, The financial Statements for the Year ending December 31, 21100 were reviewed by the President/ Secretary/CFO and it was determined that additional working capita: buns will be tegulred for future operations. There being na ftuther - nevi In mine betfoie the meeting, it was duly adjourned. - t Premd lfSecrrtary/Chief Financial Mee' / - - 0 / AMERICAN FORENSIC NURSES, INC A Calscat& Coiposatt t /juts L LNG MINUTES R: /Finance /Finance Dept Agreements /Agreements- 2010 -11 /American Forensic Nurses.Amendl.PD11 03.1 - 31 - 11 11IC P74ICCS nF 1 ' 4 UR ►F »E 16TEP a r • 1 . C h + N M ' . E aIFN 188UE0 TO THE N.RL.if0 M M I I O A BOVE FOR 7I1 PIJLJGY PE0.04 t A tea I lWu atAM W AM. AEOLURE Ent. TERM Onoceenncea OF Am? 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Tualie McCrary /L8 ACORO 28 47001011 FAX: 951.694.6479 4 GACORO CORPORATION 1413 R: /Finance /Finance Dept Agreements /Agreements- 2010 -11 /American Forensic Nurses.Amendl.PD11- 03.1 -31 -11 l Item No. 7 TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: CITY OF TEMECULA AGENDA REPORT City Manager /City Council Greg Butler, Director of Public Works /City Engineer March 08, 2011 Approval of a Contract with Southern California Edison Titled "Contract for Extension of Electric Distribution Line - Rule No. 15" and Authorization of Payment for an Electrical Distribution Line and Street Light Installation for Butterfield Stage Road ExtensionProject, Project No. PW09 -02 Amer Attar, Principal Engineer, CIP Mayra De La Torre, Senior Engineer, Land Dev That the City Council Approvals City Attorney Director of Finance City Manager 1. Approve a contract with Southern California Edison (SCE) titled "Contract for Extension of Electric Distribution Line - Rule No. 15" in connection to the Butterfield Stage Road Extension Project, Project No PW09 -02 and authorize the Assistant City Manager to sign the contract 2. Authorize payments to SCE in the amount of $273,057.26 for the electrical distribution line (backbone infrastructure) and $42,031.95 for streetlight installation, for a total payment of $315,089.21 BACKGROUND: On July 2009, the City (as the Temecula Public Financing Authority — TPFA) and the Developer of the Roripaugh Ranch Development executed the Amended and Restated Acquisition Agreement, which provided the necessary mechanism for the City to contract and fund the construction of "Priority Public Improvements" with CFD bond proceeds rather than have to acquire completed improvements from the developer, as originally planned. The Priority Public Improvements are eligible for funding with Roripaugh Ranch Community Facilities District (CFD) No. 03 -02 bond proceeds and include Murrrieta Hot Springs Road (MHSR) from the northerly city limits to Butterfield Stage Road (BSR), BSR from MHSR to La Serena, Calle Chapos from BSR to Walcott Road and the public segment of South Loop Road from BSR to the easterly property line of the Fire Station (i.e., the frontage road of the Fire Station). SCE has completed their design for an electrical distribution line extension and street light installation associated with the Butterfield Stage Road Extension Project, Project No. PVV09 -02. The costs are in the amounts of $273,057.26 for the electrical distribution line (backbone infrastructure) and $42,031.95 for the streetlight installation, for a total cost of $315,089.21. This cost is eligible for CFD reimbursement. The SCE invoices are attached for reference. In order to provide the services the City requested, SCE requires that their generated contract titled "Contract for Extension of Electric Distribution Line - Rule No.15" be signed by an authorized City representative. In this case, the Asistant City Manager is the designated City representative. The City Manager cannot sign this contract due to a conflict of interest with Southern California Edison. In order for the City to execute this contract, the City Attorney requested that SCE provide a letter clarifying certain sections in the contract. SCE has provided this letter and it is attached to this report. FISCAL IMPACT: The Butterfield Stage Road Extension Project, PW09 -02, is a Capital Improvement Project funded with Roripaugh Ranch Community Facilites District (CFD) No. 03 -02 funds. Adequate funds are available in Project Account No. 210 -165- 723 -5802 for this $315,089.21 request. ATTACHMENTS: 1. Contract for Extension of Electric Distribution Line - Rule No. 15 2. SCE Letter Dated December 6, 2010 3. SCE Invoice for Electrical Distribution Line 4. SCE Invoice for Street Lights 5. Project Description 6. Project Location CONTRACT FOR EXTENSION OF ELECTRIC DISTRIBUTION LINE RULE 15 1. PARTIES This Contract for Extension of Electric Distribution Line ( "Contract ") is issued this 11 day of December 2010 The Parties to this Contract are: CITY OF TEMECULA( "Applicant ") and Southern California Edison Company ( "SCE "). Applicant and SCE are referred to individually as "Party" and collectively as "Parties ". 2. RECITALS Applicant has requested SCE, pursuant to SCE's Rule 15, Distribution Line Extensions, to install an electric Distribution Line Extension to the location or locations described as follows: TRCT BUTTERFIELD STAGE RD BB (MHSR - C.CHAPOS TEMECULA CA 92592 (Hereinafter referred to as "Project ") 3. AGREEMENT 3.1 Responsibilities of Applicant Construction Applicant shall, in accordance with SCE's specifications and timing requirements for the Project: • Perform route clearing, tree trimming, trenching, excavating, and backfilling and compacting; • Furnish imported backfill material and dispose of trench spoil as required; • Fumish, install and transfer ownership to SCE any substructures, conduit, and protective structures required other than the conduit portion of cable -in- conduit; • Obtain any necessary construction permits for all work performed by Applicant under this Contract. If Applicant elects to have SCE perform any part of this work, Applicant shall pay to SCE, as specified herein and before the start of construction, SCE's estimated - installed costs thereof. Rights of Way Applicant hereby grants to SCE the rights of way and easements for the Distribution Line Extension over the shortest, most practical, available, and acceptable route within Applicant's property for the purpose of making delivery of electric service hereunder. Such easement shall include the right of access and right to trim trees as necessary. Where formal rights of way, easements, land leases, or permits are required by SCE for installation of facilities on or over Applicant's property, or the property of others, Applicant understands and agrees that SCE shall not be obligated to install the Distribution Line Extension for the Project unless and until any necessary permanent rights of way easements, land leases, and permits, satisfactory to SC, are granted to or obtained for SCE without cost to or condemnation by SCE Advances Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts as set forth in Appendix A to this Contract. This includes the costs for substructures and conduits which SCE had previously installed at its expense in anticipation of the current Distribution Line Extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for the Distribution Line Extension shall be furnished or paid for by Applicant and shall be installed by SCE. All contributions and advances by Applicant are taxable and shall include an Income Tax Component of Contribution (ITCC) at the rate provided in SCE's Preliminary Statement. ITCC will be either refundable or non - refundable depending on whether the corresponding contribution or advance is refundable or non - refundable. Joint Applicants. The total contribution or advance from joint Applicants will be apportioned by SCE among the members of the group in such manner as Applicants mutually agree. 3.2 Responsibilities of SCE Construction SCE shall install, own, operate, and maintain the Distribution Line Extension to serve the Project. SCE will install only those facilities that, in SCE's judgement, will be used within a reasonable time to serve permanent Toads Refunds SCE shall make refunds to Applicant in accordance with the provisions of Rule 15. 3.3 Ownership of Facilities Title to and ownership of the Distribution Line Extension shall vest in SCE. Applicant does hereby agree that upon completion and acceptance by SCE of any Applicant- installed facilities, title to each and every component part thereof shall immediately pass to SCE free and clear of all liens and encumbrances. 3.4 Service Facilities Service extensions shall be installed pursuant to SCE's Rule 16, Service Extensions. 3.5 Street Lighting Facilities 3.6 Non - Refundable Discount Option 3.7 Refunds Street lighting and Distribution Line Extensions within the Project solely for service to street lighting equipment shall be installed in accordance with the appropriate street light tariff schedule. Street light revenues are not applicable toward allowances or refunds for Distribution Line Extensions. Electroliers shall be located at points determined by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by the general public. In lieu of contributing the total refundable amount, Applicant has the option of contributing, on a non - refundable basis, a percentage of such refundable amount as set forth in Appendix A to this Contract. Applicant has or has not chosen this option as indicated by signature on Appendix A. The total refundable amount shall be subject to refund, without interest, in accordance with the provisions of Rule 15, which include the following: Residential. Refunds will be made on the basis of any new customer permanent load connected to the Distribution Line Extension which produces additional revenues to SCE. The refund will be deducted from the total refundable amount, and the remaining amount subject to refund will represent that portion of the Distribution Line Extension cost not supported by revenues. Non - Residential. Refunds will be made on the basis of Applicant or any new customer permanent load connected to the Distribution Line Extension which produces additional revenues to SCE. SCE shall be responsible to review Applicant's actual net revenue for the first three years from the date SCE is first ready to serve. Applicant shall be from the date SCE is first ready to serve. Such review shall determine if additional net revenue justifies refunds to Applicant. Unsupported Distribution Line Extension Cost. When any portion of a refundable amount has not qualified for a refund at the end of twelve (12) months from the date SCE is first ready to serve, Applicant will pay to SCE an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as the basis of a monthly ownership charge ( " base " ). Monthly ownership charges are calculated by multiplying the base times the SCE - financed added facilities percentage in Rule 2. Monthly ownership charges are distinct from the refundable amount and will normally be accumulated and deducted from refunds due to Applicant. This provision does not apply to individual residential Applicants. The monthly ownership charges herein shall automatically increase or decrease if the Califomia Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership charges, effective on the date of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Distribution Line Extension is first ready to serve. Any unrefunded amount remaining at the end of the ten -year period shall become property of SCE. 3.8 Payment Adjustments Contract Compliance. If, after six (6) months following the date SCE is first ready to serve residential Toads for which allowances were granted, one (1) year for non - residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay to SCE a additional contribution, based on the allowances for the loads actually installed. Excess Facilities. If the Toad information provided by Applicant results in SCE having installed facilities which are in excess of those needed to serve the actual loads, and SCE elects to reduce such excess facilities, Applicant shall pay to SCE its estimated total costs to remove, abandon, or replace the excess facilities, Tess the estimated salvage of any removed facilities. 3.9 Reimbursement to Applicant Where mutually agreed upon by SCE and Applicant, Applicant may perform SCE's work or install facilities normally installed by SCE. Such work shall be in accordance with SCE's specifications and timing requirements. SCE shall reimburse Applicant SCE's estimated installed cost of such facilities and work by applying a credit toward Applicant's advance. Any amount not so credited shall be reimbursed to Applicant upon acceptance of the work and facilities by SCE. 3.10 Delays in Construction Force Majeure. SCE shall not be responsible for any delay in the installation or completion of the facilities by SCE resulting from the late performance of Applicant's responsibilities under this Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgements of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control of SCE. Resources. SCE shall have the right, in the event it is unable to obtain sufficient supplies, materials, or labor for all of its construction requirements, to allocate materials and labor to needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to be cause beyond SCE's control. Contract Revision. If Applicant does not commence installation of any facilities which are Applicant's responsibility or SCE is prevented from commencing the installation of the facilities for causes beyond its reasonable control within one year from the effective date of this Contract, SCE may, in its discretion, revise its cost estimate and recalculate the refundable and / or non- refundable amounts set forth herein. SCE will notify Applicant of such increased costs and give the option to either terminate this Contract or pay SCE the additional charges. 3.11 Contract Termination If at any time during the term of this Contract, SCE is not the sole deliverer of electrical requirements for the Project, this Contract may be terminated. Upon termination of the Contract, Applicant agrees to forfeit that portion of the advance paid to SCE for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by SCE. If such expenses are greater or less than the refundable and /or non - refundable advance, Applicant shall pay to SCE, or SCE shall refund the balance to Applicant, without interest, as the case may be. 3.12 Indemnification Applicant shall, at its own cost, defend, indemnify, and hold harmless SCE, its officers, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attomey's fees and expenses, or any of them, resulting from the death or injury to any person or damages to any property caused by Applicant or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them, and arising out of the performance or nonperformance of their obligations under this Contract. 3.13 Assignment of Contract Applicant may assign this Contract, in whole or in part, only if SCE consents in writing and the party to whom the Contract is assigned agrees in writing, to perform the obligations of Applicant hereunder. Assignment of the Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided therein. 3.14 Joint and Several Liability Where two or more individuals or entities are joint Applicants under this Contract, all Applicants shall be jointly and severally liable to comply with all terms and conditions herein 3.15 Warranty Applicant warrants that all work and /or equipment fumished or installed by Applicant or its contractor shall be free of defects in workmanship and material. The warranty period shall begin from the date of final acceptance by SCE and extend for one (1) year. Should the work develop defects during that period, SCE, at its election, shall either (a) repair or replace the defective work and /or equipment, or (b) demand that Applicant repair or replace the defective work and /or equipment and, in either event, Applicant shall be liable for all costs associated with such repair and /or replacement. Applicant upon demand by SCE, shall promptly correct, to SCE's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty. 3.16 Contract Effective Date This Contract shall not be effective unless it is (1) executed and delivered by Applicant to SCE together with payment required hereunder within ninety (90) days of the date in Paragraph 1 of this Contract and (2) accepted by SCE. This Contract shall then be effective on the date executed by SCE and shall take effect without further notice to Applicant. 3.17 Commission Jurisdiction This Contract is subject to the applicable provisions of SCE's tariffs, including Rule 15, filed and authorized by the California Public Utilities Commission. This Contract shall, at all times, be subject to such changes or modifications by the Public Utilities Commission of the State of Califomia, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.18 Completion Date The completion date requested by Applicant is 4. SIGNATURE CLAUSE The signatories hereto represent that they have been appropriately authorized to enter into this Contract on behalf of the party for whom they sign. APPLICANTS) CORPORATION, PARTNERSHIP, OR DBA: NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: Assistant City Manager MAILING ADDRESS: TELEPHONE: (951) 694 -6419 City of Temecula Aaron Adams P.O. Box 9033 Temecula, California 92589 -9033 ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: APPORTIONMENT OF ADVANCE AMONG JOINT APPLICANTS: SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: DATE EXECUTED: DATE SCE FIRST READY TO SERVE: PROJECT NO :280369 ASSOCIATED WORK ORDER NOS: 6488 1904 01900 Southem Califomia Edison Rosemead, California CONTRACT FOR EXTENSION OF ELECTRIC DISTRIBUTION LINE RULE 15 FORM 16 -330 (To be inserted by utility) Advice 1309 -E Decision 97 -12 -098, 97 -12 -099 16- 330frm.doc Revised Cal. PUC Sheet No.24719 -E* Cancelling Original Cal. PUC Sheet No. 19408 -E Issued by John Fielder Vice President (To be inserted by Cal. PUC) Date Filed May 04, 1998 Effective Jul 01, 1998 Resolution SOWHLRN CALIFORNIA EDISON A j-./ ?ISC)N INTI.i AA7'R')N.AJ.' Cornp n December 6, 2010 Ms. Mayra De La Torre City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589 -9033 Subject: Roripaugh Ranch Street Improvements, Phase I, PW09 -02 Contract for Extension of Electric Distribution Line Rule 15 Backbone Product # — TD344433 Street Light Product # - TD421411 Irrigation Pedestal(s) Product # - TD422718 This correspondence is to address the City of Temecula's concerns regarding the Southern California Edison (SCE) contract for Rule 15 Line Extensions and its execution, as it relates to the City of Temecula's project to construct Butterfield Stage Road. The City of Temecula is concerned with the language in section 3.8 "Payment Adjustments" of our contract, which states in part: "Contract Compliance. If, after six (6) months following the date SCE is first ready to serve residential loads for which allowances were granted, one (1) year for non - residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay to SCE a additional contribution, based on the allowances for the loads actually installed." For clarification purposes, this contract section does not apply to the City of Temecula's project because SCE will not be granting any residential or commercial allowances associated with this backbone. This section refers to what SCE calls "deficit billing" and deficit billing is strictly when allowances are granted for residential load or commercial load and that load is not put on our system within the 6 -month time frame. SCE will not be granting any residential or commercial allowances for this backbone system. If you also exercise your right to execute the "Discount Option" of the Rule 15 contract, this will eliminate any risk of "deficit billing" to the City of Temecula. If you have any other questions and /or concerns, please do not hesitate to contact me at the office at (951) 249 -8429. Thank you. Sincerely, Gary Weakley Manager - San Jacinto — Orange - Metro West Regions New Development Project Planning Southern California Edison 24487 Prielipp Drive Wildomar, CA 92595 cc: Laura Judy, Viet Tran — SCE SOUTHERN [ � C ^ ALIFORNIA EDISON* M EDISON 1NTARNATIONAL' Comely Southern Califomia Edison Company 24487 PRIELIPP ROAD WILDOMAR CA CITY OF TEMECULA 43200 BUSINESS PARK DR 9033 TEMECULA CA 92589 9033 Item # 97598 344433 - LINE EXTENSION Please detach and return payment stub with payment Payment Stub Invoice #: 92589 CITY OF TEMECULA 43200 BUSINESS PARK DR 9033 TEMECULA CA 92589 9033 Description Invoice # 92589 'Invoice Date: 12/07/2010 SCE Contact: Laura Lee Judy Telephone: -p- -7720 Install - Billing Option: Service Request Number: 1214292 TR: 29353 -2, IN BB ON BFSR FOR STREET IMPROVMMENTS TO FEED FIRE STATION, SCE DESIGN Project Address: BUTTERFIELD STAGE RD BB (MHSR - C.CHAPOS TRCT TEMECULA CA o') col 183045 Previous Payment * Enclosed are 2 copies of our invoice. Please return 1 copy of the invoice with your payment * Final electrical inspection from the local governmental building and safety department must be received before we can energize your service. * If a street light work order is associated with this project, contracts for that project will be enclosed. * Enclosed are copies of refundable and discount option appendices. Please select one option, sign both copies (one as selected, the other as not selected) and return with your payment. * All prices are valid until 12 -31 -10 due to the Income Tax Component of Contribution (ITCC) rate change from 22% to 35% effective 1 -1 -11. Invoices not paid in full on or before 12 -31 -10 will be re-priced using current labor, material and tax rates * Please return all applications and/or contracts fully completed. * Easement documents will be mailed directly to you from our Right of Way department. Please complete and retum them as soon as possible, as we will not be able to proceed with the project without clearance * An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection. * Call the Edison company at 1-800-655-4555 to make application for electrical service. Invoice Total SCE INSTALL - DISCOUNT Amount $273,057.26 $ 0 $273,057.26 Please pay total amount now due: 1111=1411P $273,057.26 Thank you for paying promptly Make check payable to Southern California Edison 24487 PRIELIPP ROAD WILDOMAR CA 12/11/2010 LOC. APPENDIX A - DISCOUNT OPTION ELECTRIC LINE EXTENSION AGREEMENT W.O. A.I. LINE EXTENSION 1. SCE RULE 16 COST TO (A) SCE RULE 16 COST TO SERVE (B) LESS APPLICANT ALLOWANCES (C) EXCESS RULE 16 COST TO SERVE (LINE 5. (A)) (D) EXCESS ALLOWANCES TO (LINE 2.) SCE COST TO SERVE RULE 15 (E) OVERHEAD 0 FEET X $.00 UNIT COST (F) UNDERGROUND 0 FEET X $.00 UNIT COST (G) PROJECT SPECIFIC (IF 2X UNIT COST OR COMPETITIVE BID) (H) TOTAL SCE RULE 15 COST TO SERVE 3. REFUNDABLE: (A) SCE RULE 15 COST TO SERVE (LINE 1. (H)) (B) PLUS ESTIMATED VALUE OF STRUCTURES (C) SUBTOTAL (LINE 3. (A) + 3. (B)) (D) LESS ALLOWANCE (LINE 2) (E) REFUNDABLE AMOUNT (LINE 3. (C) - 3. (D)) (F) PLUS REFUNDABLE ITCC* ON LINE 3. (E) (G) TOTAL AMOUNT (LINE 3. (E) + 3. (F)) 5. OTHER NON - REFUNDABLE ADVANCE & CREDITS (A) OTHER NON - REFUNDABLE CHARGES (RULE 16, FLAT RATE, INSPECTION, R/W, ETC.) (B) ITCC* ON OTHER NON - REFUNDABLE (C) ITCC* ON APPLICANT FURNISHED FACILITIES. (D) INSTALLED COST OF SUBSTRUCTURES BY SCE (E) LESS APPLICANT DESIGN OR REIMBURSABLE CREDITS (F) TOTAL NON - REFUNDABLE (LINE 5. (A) THRU 5. (D) - 5. (E)) (0) TOTAL CREDITS (LINE 5. (E) - 5. (A) THRU 5. (D)) * INCOME TAX COMPONENT OF CONTRIBUTION HAS NOT CHOSEN: SIGN JOB # 344433 $ 0.00 $0.00 $0.00 $0.00 $.00 $.00 $383,134.32 $383,134.32 2. APPLICANT ALLOWANCES (FROM LINE 1. (D) $0.00 $383,134.32 $45,788.50 $428,922.82 $0.00 $428,922.82 $94,363.07 $523,285.89 4. PAYMENT OPTION SELECTED: DISCOUNT HAS CHOSEN: SIGN .' 7*-. (A) NON - REFUNDABLE DISCOUNT OPTION: 50 % 1) 50 % OF LINE 3G: $261,642.94 2) VALUE OF STRUCTURES: $45,788.50 3) NON - REFUNDABLE PAYMENT: $215,854.44 4) AMOUNT DUE APPLICANT: $0.00 $702.00 $154.44 $56,346.38 $0.00 $0.00 $57,202.82 $0.00 6. AMOUNT TO BE PAID BY APPLICANT TO SCE $273,057.26 7. AMOUNT TO BE REFUNDED TO APPLICANT UPON FULFILLMENT OF ALL CONTRACTUAL OBLIGATIONS $0.00 SOUTHERN C+UJFORNLA EDISON* M EDISON INTERNATIONAL o Company Southern California Edison Company 24487 PRIELIPP ROAD WILDOMAR CA CITY OF TEMECULA 43200 BUSINESS PARK DR 9033 Please detach and return payment stub with payment Payment Stub Invoice #: 92586 CITY OF TEMECULA 43200 BUSINESS PARK DR 9033 TEMECULA CA 92589 9033 'Invoice # 92586 Invoice Date: 12/07/2010 SCE Contact: Laura Lee Judy Telephone: -()- -7720 TEMECULA CA 92589 9033 Description Install - Billing Option: I Service Request Number: 1214292 TR: 29353 -2, IN BB ON BFSR FOR STREET IMPROVMMENTS TO FEED FIRE STATION, SCE DESIGN Project Address: BUTTERFIELD STAGE RD BB (MHSR - C.CHAPOS TRCT TEMECULA CA Item # 97595 255675 421411 - ST LT INSTALLATION Previous Payment * Enclosed are 2 copies of our invoice. Please return I copy of the invoice with your payment * If a street light work order is associated with this project, contracts for that project will be enclosed. * All prices are valid until 12 -31 -10 due to the Income Tax Component of Contribution (ITCC) rate change from 22% to 35% effective 1 -1 -11. Invoices not paid in full on or before 12 -31 -10 will be re -priced using current labor, material and tax rates * Please return all applications and/or contracts fully completed. * An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection. * Call the Edison company at 1- 800 - 655 -4555 to make application for electrical service. Invoice Total Amount $42,031.95 $0 $42,031.95 Please pay total amount now due: $42,031.95 Thank you for paying promptly Make check payable to Southern California Edison 24487 PRIELIPP ROAD WILDOMAR CA Administration $ 330,775 $ 568,365 $ 438,900 $ 1,338,040 Acquisition $15,006,728 $ 650,000 $ 700,000 $2,218,799 $ 16,356,728 Construction* $ 25,481 $ 8,160,540 S 12,284,118 $2,218,799 $ 22,688,938 Construction $15,519,295 $ 10,159,602 $ 14,123,018 $2,218,799 $ - $ - $ - $ 42,020,714 Engineering $ 400,000 S 450,000 $ 850,000 Design $ 156,311 $ 330,697 $ 487,008 Environmental $ 50,000 $ 250,000 $ 300,000 Totals $15,519,295 $ 10,159,602 $ 14,123,018 $2,218,799 $ - $ - $ - $ 42,020,714 CFD (Roripaugh Ranch) $14,081,295 $ 10,159,602 $ 14,123,018 $2,218,799 $40,582,714 TUMF $ 1,438,000 $ 1,438,000 Total Funding: $15,519,295 $ 10,159,602 $ 14,123,018 $2,218,799 $ - $ - $ - $ 42,020,714 CITY OF TEMECULAAMPilifto Project Cost: Actua Is to Date Actua Is Source of Funds to Date BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Project Description: Complete design and construction of four lanes on Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road, four lanes on Murrieta Hot Springs Road from Butterfield Stage Road to the City limits, and an approximately 41 -foot wide Calle Chapos from Butterfield Stage Road to Walcott Road, totaling approximately 3.2 miles. Benefit: Project will improve traffic circulation. Project Status: This project is estimated to be complete by end of fiscal year 2013. Department: Public Works— Account No. 210.165.723 Priori : I Future Total Project 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 Years Cost Future Total Project 2010 -11 2011 -12 2012-13 2013 -14 2014 -15 Years Cost Future Operation & Maintenance Costs: 2010 -11 2011 -12 2012-13 2013 -14 2014 -15 $ 18,000 $ 18,000 $ 18,000 *Construction funding is for Phase I in 2010 -11 and Phase II in 2011 -12 Note: Assumes that only minor right -of -way acquisitions would be necessary and that all major right -of -way dedications are voluntary. 45 CITY OF TEMECULA BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location 44 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: March 8, 2011 Approvals City Attorney Director of Finance City Manager OtoL SUBJECT: Award of a Construction Contract for Project No. PW10 -05c, Pavement Rehabilitation - Nicolas Road PREPARED BY: Amer Attar, Principal Engineer - CIP Chris White, Assistant Engineer - CIP RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW10 -05c, Pavement Rehabilitation - Nicolas Road, to Kad Paving Company in the amount of $239,285.75; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 23,928.58, which is equal to 10% of the contract amount. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010 -2011, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the areas in need of repairs and identified the recommended method for these repairs. Using the PMS, staff selected a number of locations throughout the City that ranked high in the priority list. Nicolas Road, from Joseph Road to Calle Girasol, is the first of several pavement rehabilitation projects slated to be designed and bid for construction during the current fiscal year. The remaining projects will be brought before the Council for authorization to advertise for bids when the design is complete. The rehabilitation of Nicolas Road from Joseph Road to Calle Girasol will include full depth reclamation of the eastbound lane and slurry sealing the westbound lane. The full depth reclamation process include grinding the existing asphalt, mixing it with the existing base, compacting it in place and overlaying it with a 2" thick course of fresh asphalt. On November 9, 2010, City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On Tuesday, February 15 2011, Eight (8) bids were opened and publicly read aloud. The results were as follows: 1. Kad Paving Company $ 239,285.75 2. All American Asphalt $ 246,000.00 3. Lee & Stires, Inc. $ 253,581.23 4. Terra Pave, Inc. $ 267,376.00 5. Granite Construction Company $ 275,618.00 6. Laird Construction Company, Inc. $ 276,267.00 7. RJ Noble Company $ 292,881.25 8. Vance Corporation $ 329,958.50 Staff has reviewed the bid proposals and found Kad Paving Company to be the lowest responsible bidder. Kad Paving Company has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The Engineer's Estimate for the work is $248,000.00. The specifications allow for a work schedule of 35 working days. FISCAL IMPACT: The Pavement Rehabilitation - Nicolas Road project is identified in the City's Capital Improvement Program, Fiscal Years 2011 -2015 funded with Measure A. Adequate funds are available in the project accounts for the total amount of $263,214.33, which include the bid amount of $239,285.75 and the 10% contingency of $23,928.58. ATTACHMENTS: 1. Contract with Kad Paving Company 2. Project Description 3. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW10 -05C PAVEMENT REHABILITATION — NICOLAS ROAD THIS CONTRACT, made and entered into the 8 day of March, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY ", and Kad Paving Company, 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 -05C, PAVEMENT REHABILITATION — NICOLAS ROAD, 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 -05C, PAVEMENT REHABILITATION — NICOLAS ROAD. 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 -05C, PAVEMENT REHABILITATION — NICOLAS ROAD. 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 -05C, PAVEMENT REHABILITATION — NICOLAS ROAD 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 THIRTY -NINE THOUSAND TWO HUNDRED EIGHTY -FIVE DOLLARS and SEVENTY -FIVE CENTS ($ 239,285.75 ), 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 City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: 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: / /www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $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 OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and /or REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 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 CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 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 41000 Main Street Temecula, CA 92590 -3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR Kad Paving Company 12173 10 Street Yucaipa, Ca. 92399 (909) 790 -3366 By: Donald J. Wheeler Jr. President Jessica Wheeler Vice President, Secretary, Treasurer (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: By: Ron Roberts, Mayor Administration $ 17 $ 158,205 $ 166,600 $ 166,600 $ 166,600 $ 166,600 $ 824,622 Construction $4,350,540 $4,581,500 $4,581,500 $4,581,500 $4,581,500 $ 22,676,540 Construction $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Engineering $ 43,505 $ 45,815 $ 45,815 $ 45,815 $ 45,815 $ 226,765 Design $ 5,092 $ 197,750 $ 208,250 $ 208,250 $ 208,250 $ 208,250 $ - $ 1,035,842 Totals $ 5,109 $4,750,000 $5,002,165 $5,002,165 $ 5, 002,165 $5,002,165 $ - $ 24, 763, 769 Capital Project Reserves $2,645,153 $ 2,645,153 Measure A $ 5,109 $4,750,000 $2,357,012 $ 939,000 $1,036,000 $ 9,087,121 Unspecified* $5,002,165 $4,063,165 $3,966,165 $ 13,031,495 Total Funding: $ 5,109 $4,750,000 $5,002,165 $5,002,165 $ 5, 002,165 $5,002,165 $ - $ 24, 763, 769 Project Cost: Actuals Source of Funds to Date Future Operation & Maintenance Costs: PAVEMENT REHABILITATION PROGRAM — CITYWIDE Actuals to Date 2010 -11 2010 -11 Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works— Account No. 210.165.655 2011 -12 2011 -12 *Project cannot be constructed until a funding source is identifed. 2012 -13 2012 -13 69 2013 -14 2013 -14 2014 -15 2014 -15 2010 -11 2011 -12 2012 -13 2013 -14 2014 -15 1 1 1 1 I N/A 1 Priority: I Future Total Project Years Cost Future Total Project Years Cost THE CITY OF . 1 1 f i tz. - -'4' TEMECULA " Okl'frailition„ New Opportunities" Nicolas Road - Limits of Work 0 L , 0 0) m v GATLIN_RD L 0 o ca 7 3 Co z LIEFER "RD rn CAMIt O "U J I I !Si z mon 0 mill! 0 11111 R.I ¼ij IIII1 A 1111 11111 -i MOM NIP iO ! • o o c. Nife iwy4, Stiadinkaa 0 k.� a MOS � = MEM SKYLINE -DR 640 rit 4is 440 ima i C OUNTRY- V,E1a 1 ***04:14111111/ 4166A 1250 2500 3750 ft. Map center: 6297602, 2142347 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. City Streets Parcels Legend Scale: 1:13,345 Item No. 9 Approvals City Attorney Director of Finance City Manager Sief 4e, OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: March 8, 2011 SUBJECT: Approval of Administering Agency -State Agreement for State - Funded Projects, Master Agreement and Program Supplement Agreement PREPARED BY: Julie Dauer, Senior CIP Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT NO. 00325S AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS. 2. Approve the attached Administering Agency -State Agreement No. 00325S and the Program Supplement Agreement No. H27 for the Traffic Light Synchronization Program (TLSP) funding, in the amount of $515,000, for the Citywide Adaptive Traffic Light Synchronization System -Phase I I Project and authorize the City Manager to sign the agreements. BACKGROUND: In March 2008, the California Department of Transportation received a total of 118 project applications for funding from Proposition 1B, Traffic Light Synchronization Program (TLSP). Of the 118 submittals, the Department recommended that 62 projects from various agencies throughout the State be programmed in the TLSP, for a total of $98,000,000. In May 2008, the City of Temecula was notified that it had successfully obtained grant funding from the TLSP program for the Citywide Adaptive Traffic Signal Synchronization System project. The purpose of the project is to purchase, install and implement an adaptive traffic signal synchronization system along six corridors within the City. The project system will continually analyze and evaluate traffic data along each corridor and improve safety, operations and provide measurable data to increase the effective capacity of local streets and roads along each corridor, minimize delays and reduce vehicle emissions. The City's Citywide Adaptive Traffic Light Synchronization System Project is programmed to receive State Proposition 1B Bond funds from the Traffic Light Synchronization Program (TLSP). On April 7, 2010, the California Transportation Commission (CTC) approved the allocation of Prop 1B TLSP funding in the amount of $515,000 and authorized the City to proceed with the implementation of the City's Citywide Traffic Light Synchronization System Project. The attached Administering Agency -State Agreement for State - Funded Projects No. 00325S and Program Supplement Agreement No. H27 provides for the obligation of State Proposition 1B funding. FISCAL IMPACT: The Citywide Adaptive Traffic Light Synchronization System Project is identified in the City's Capital Improvement Program for Fiscal Year 2010/11. Adequate funds have been appropriated to include TLSP funds in the amount of $515,000 and the local match of $103,000 in DIF Traffic funds. The total project cost is $618,000. ATTACHMENTS: Resolution No. 11- Administering Agency -State Master Agreement No. 00325S Program Supplement Agreement No. OH27 Rev. 000 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO EXECUTE THE MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT NO. 00325S AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and /or STATE for funding from either the State Transportation Improvement Program (STIP), or other State - funded programs (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT "; and WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of the completed facility. WHEREAS, Program Supplement Agreement No. H27 encumbers funding in the amount of $515,000 for the installation of an adaptive traffic signal synchronization system along six corridors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as follows: Section 1. That the City Council approve and authorize execution of the Master Agreement Administering Agency -State Agreement for State Funded Projects, Agreement No. 00325S and Program Supplement Agreement No. H27 Section 2. That the City Council hereby further authorize and direct the City Manager on behalf of the City to execute said Agreements PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8 th day of March, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ron Roberts, Mayor 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8 th day of March, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk This AGREEMENT, is entered into effective this ( day of Pt-)1 L , 20 lb, by and between the City of Temecula, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE ", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE - FUNDED PROJECTS 08 City of Temecula District Administering Agency Agreement No. 00325S 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and /or STATE for funding from either the State Transportation Improvement Program (STIP), or other State - funded programs (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT "; and 3. WHEREAS, said PROJECT will not receive any federal funds; and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 16 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT ", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved project- specific allocation letter designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from /through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and /or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project- specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on -going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project- specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative /Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT. 7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in accordance with the applicable chapter of the LAPG and /or any other instructions published by STATE. 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E &P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS &E), advertising for bids, awarding of a contract and project development contract administration. Page 2 of 16 10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees /consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its sub - contractor engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS &E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 13. If PROJECT is not on STATE -owned right -of -way, PROJECT shall be constructed in accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE -owned right -of -way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. The Department of General Services, Division of the State Architect, or its designee, shall review the contract PS &E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full -time employee to be in responsible charge of each PROJECT. Page 3 of 16 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT - specific award information, using Exhibit 23 -A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. A copy of Exhibit 23 -A shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274 -0001. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance Chapters 17 and 19 of the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720 -1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. Page 4 of 16 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights -of -way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right -of -way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260 -7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and /or the sale of all improvements on the right -of -way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right -of -way for a PROJECT, including, but not limited to, being clear as certified or if said right -of -way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights -of -way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. Page 5 of 16 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well- trained staff of engineers and /or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 6 of 16 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project- specific PROGRAM SUPPLEMENT and /or STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the project- specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the STATE FUNDS are encumbered on either the project - specific PROGRAM SUPPLEMENT or through a project- specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on -going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM. 6. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and /or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An indirect cost allocation plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. The indirect cost allocation plan must be prepared in accordance with the requirements set forth in Office of Management and Budget Circular A -87 and Chapter 4 of the Local Assistance Procedures Manual. 9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with an allocation letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and /or STATE concurs with that increase in the form of an allocation and finance letter. Page7of 16 11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 16. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub - recipient receiving PROJECT funds as a contractor or sub - contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set Page 8 of 16 forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A -87, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. 20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 23. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 9 of 16 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above - referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A -133 if it receives a total of $500,000 or more in STATE FUNDS in a single fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY'S annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A -133. 6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 10 of 16 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor /consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 11 of 16 ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project- specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each project- specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. Page 12 of 16 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer, who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project - specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and /or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING Page 13 of 16 AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE - approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project- specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT and /or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and /or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA City of Temecula DEPARTMENT OF TRANSPORTATION By By Shawn D. Nelson Chief, Office of Project Implementation Division of Local Assistance City Manager City of Temecula Representative Name & Title (Authorized Governing Body Representative) Date Date Page 14 of 16 EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, age, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290 -0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which has become final or has obtained an injunction under Labor Code section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due Page 15 of 16 or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 16 of 16 PROGRAM SUPPLEMENT NO. H27 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00325S This Program Supplement, effective 4. 1/7//Q hereby adopts and incorporates into the Administering Agency -State Agreement No. 00325S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of y /7/ /b and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accorda ce with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: The six corridors are: Winchester Rd, Rancho California Rd, Temecula Parkway, Margarita Rd, Jefferson Ave, & Ynez Rd with project limits as indicated in the Baseline Agreement. TYPE OF WORK: install an adaptive traffic traffic signal sychronization system along six corridors Estimated Cost $566,500.00 CITY OF TEMECULA By Title Gix3_ .M-. =eager Date Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Shawn D. Nelson State Funds STATE $515,000.00 Susan W. Jones, CMC, City Clerk LOCAL $51,500.0 Date: Location: Project Number: E.A. Number: Locode: Matching Funds STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date Date January 28, 2011 08 -RIV -0 -TMCA TLSPL- 5459(021) 08- 0G0424 5459 1 / z 5 1 $515.000.00 Program Supplement 00 -325S -H27- SERIAL Page 1 of 5 OTHER $0.00 STATE OF CALIFORNIA DEPARTMENT CF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/20'0) DATE PREPARED: 1/28/2011 TO STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 FROM: Department of Transportation SUBJEC -: Encumbrance Document VENDOR / LOCAL AGENCY: City of Temecula CONTRACT AMOUNT: $ 515,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 171 REQUISITION NUMBER / CONTRACT NUMBER: RQS 080000000429 -1 PROJECT NUMBER: 0800020210 ADA Notit For individuals with sensory disabilities, this document is available in a;temate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. Page 1 of STATUTES 2007 ITEM 2660- 104 -6064 YEAR 2008 PEC / PECT 2030210400 TASK / SUBTASK 2620/0420 AMOUNT $ 515,000.00 08 -RIV -O -TMCA TLSPL- 5459(021) Statutes Item Year Program BC Category Fund Source Chapter SPECIAL COVENANTS OR REMARKS 01/28/2011 Program Supplement 00- 325S -H27- SERIAL Page 2 of 5 AMOUNT 08 -RIV -0 -TMCA TLSPL - 5459(021) 1 SPECIAL COVENANTS OR REMARKS 01/28/2011 All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 2. This PROJECT is programmed to receive State Proposition 1B Bond funds from the Traffic Light Synchronization Program (TLSP). This PROJECT will be administered in accordance with the California Transportation Commission (CTC) approved TLSP Guidelines, PROJECT specific Baseline Agreement, and this Program Supplement Agreement (PSA). ADMINISTERING AGENCY agrees the PROJECT specific Baseline Agreement (attached) and any amendments thereto are hereby made part of this PSA. To satisfy the accountability requirements of the Governor's Executive Order # S- 02 -07, the ADMINISTERING AGENCY agrees to: 1) Submit Quarterly Progress Reports on the status and progress made toward implementation of the PROJECT including project development activities prior to the TLSP allocation and the commitment status of non -TLSP funds identified in the Baseline Agreement. The report shall include the actual and forecasted schedules, approved budget, actual expenditures and forecasted costs for each funding source and phase of work identified in the Baseline Agreement. The Quarterly Progress Reports shall be submitted to the Division of Local Assistance - Office of Bond Implementation via the Local Assistance Online Data Input System (LA- ODIS). 2) Submit a Corrective Plan in the event that variances from the PROJECT Baseline Agreement occur in the scope, costs, schedule or benefits during the project implementation process. The Corrective Plan should provide the reason(s) for the variance(s) and the corrective or preventive actions to be taken to correct, avoid or mitigate current and future impact and risks. The CTC may either approve the corrective plan or direct the ADMINISTERING AGENCY to modify its plan. A Corrective Plan shall be submitted, concurrently with the Quarterly Progress Reports, to the Caltrans Division of Traffic Operations - Chief, Office of System Management Planning with a copy to the Division of Local Assistance - Chief, Office of Bond Implementation. 3) Submit a Final Delivery Report to the CTC, within six (6) months of the project becoming operable, on the scope of the completed project, final costs, duration, and performance outcomes as compared to those indicated in the PROJECT Baseline Agreement. The ADMINISTERING AGENCY also will provide a Supplement to the Final Delivery Report at the conclusion of all project activities (i.e., project completion) to reflect project expenditures (if different from the Final Delivery Report). The Final Delivery Report and Supplement shall be submitted to the Caltrans Division of Traffic Operations - Chief, Office of Bond Implementation. The submittal of invoices for project costs shall be in accordance with the Local Assistance Procedures Manual (LAPM). The ADMINISTERING AGENCY has 180 days after project completion, to make final payment to the contractor, prepare the final invoice Program Supplement 00- 325S -H27- SERIAL Page 3 of 5 08 -RIV -0 -TMCA TLSPL- 5459(021) SPECIAL COVENANTS OR REMARKS 01/28/2011 and final Report of Expenditures, and submit to the STATE for verification and payment. 3. The ADMINISTERING AGENCY's corridor management plan must integrate this PROJECT into the local and regional transportation system. The PROJECT must comply with the ITS Regional Architecture. 4. Contract award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after award of the contract. Failure to do so will cause delay in processing invoices for construction expenditures. As a minimum, the award information should include the following information: project number, TLSP ID, project description, date funds allocated by the CTC, date project was advertised, bid opening date, award date, award amount, and estimated completion date. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations /obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period. If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Program Supplement 00- 325S -H27- SERIAL Page 4 of 5 08 -RIV -0 -TMCA TLSPL- 5459(021) SPECIAL COVENANTS OR REMARKS 02/02/2011 Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING AGENCY shall not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12) and (13). Program Supplement 00- 325S -H27- SERIAL Page 5 of 5 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 8, 2011 SUBJECT: Fourth Amendment to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority PREPARED BY: Dale West, Associate Planner Approvals City Attorney Director of Finance City Manager fie, (10L RECOMMENDATION: That the City Council approve the fourth amendment to the Joint Exercise of Powers Creating the Western Riverside County Regional Conseration Authority. BACKGROUND: The Western Riverside County Regional Conservation Authority (RCA) was established in 2004. It is a Joint Powers Authority consisting of 16 Cities and the County of Riverside. The Authority is charged with administering the 2003 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The Board of Directors of the RCA at their meeting of February 7, 2011 approved the fourth amendment to the Joint Exercise of Powers Agreement (JPA) creating the RCA. This amendment will add the recently incorporated City of Eastvale, revise the formula regarding a quorum and voting, and add the notice address for the City of Eastvale. All other provisions of the JPA will remain in full force and effect. FISCAL IMPACT: None. ATTACHMENT: Amendment No. 4 to the Joint Exercise of Powers Agreement FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY This Joint Powers Agreement dated , 2011 is made by and between the COUNTY OF RIVERSIDE, and the Cities of BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, EASTVALE, HEMET, LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, NORCO, PERRIS, RIVERSIDE, SAN JACINTO, TEMECULA and WILDOMAR, hereinafter sometimes referred to collectively as "Parties," for the purpose of acquiring, administering, operating and maintaining land and facilities for ecosystem conservation and habitat reserves for certain rare, threatened and endangered species covered by the Western Riverside County Multiple Species Habitat Conservation Plan, hereinafter referred to as the "MSHCP." RECITALS WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to as "Parties ", are authorized and empowered to contract with each other for the joint exercise of powers pursuant to Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, hereinafter referred to as "the Act "; and WHEREAS, the County and the Cities each have the authority and power to prepare and implement habitat conservation plans for the protection of rare, threatened and endangered species, and to acquire, own, maintain and operate habitat reserves for such species in connection with said habitat conservation plans; and WHEREAS, the formation of a single public agency would most efficiently serve the interests of the County and Cities by allowing the County and the Cities to jointly exercise the aforementioned powers; and WHEREAS, the County in consultation with the Cities has prepared the MSHCP; and WHEREAS, the County and the Cities desire to organize themselves pursuant to 26493.00003 \1574539.4 1 this Joint Powers Agreement, hereinafter referred to as the "Agreement ", to implement the MSHCP should the MSHCP ultimately be approved by the County and Cities; and WHEREAS, the original Joint Powers Agreement was dated January 27, 2004 and was entered into between the County of Riverside and fourteen (14) cities in western Riverside County; and WHEREAS, the Cities of Menifee and Wildomar became member agencies on April 7, 2009; and WHEREAS, the parties and the City of Eastvale desire that the City of Eastvale become a member of the Western Riverside County Regional Conservation Authority. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to create a public agency to acquire, administer, operate and maintain land and facilities to establish habitat reserves for the conservation and protection of species covered by the MSHCP and to implement the MSHCP in the event the MSHCP is approved by the County and Cities and appropriate permits are issued by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the "Bond Law "). Section 2. Creation of the Authority. Pursuant to the Act and the Bond Law, there is hereby created a public agency to be known as the "Western Riverside County Regional Conservation Authority," hereinafter referred to as the "RCA." The RCA shall be a public agency, separate and apart from its members, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to implement and carry out the purposes of this Agreement. 26493.00003 \1574539.4 2 Section 3. Powers. In carrying out the purpose of this Agreement, the RCA shall have the following powers: A. To make and enter into contracts; B. To employ agents, consultants, attorneys and employees; C. To acquire property, and any interest in property, both real and personal by purchase, gift, option, grant, bequest, devise or otherwise, and hold and dispose of such property; D. To conduct and direct studies and to develop and implement plans to complement, modify or supplement the MSHCP; E. To incur debts, liabilities, and obligations; F. To sue and be sued in its own name; G. To employ reserve managers and other personnel to operate, maintain, and administer the habitat reserves established through implementation of the MSHCP; H. To be an applicant, make applications for, and receive grants from governmental and private entities and to participate in State bond issues; I. To prepare project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessary to comply with State and Federal laws and regulations with respect to grants; J. To borrow or receive advances of funds from its members or from such other sources as may be permitted by law; K. To contract with its members and other entities who operate or will operate the habitat reserves established through implementation of the MSHCP; L. To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the RCA; M. To acquire, hold, and dispose of equipment; 26493.00003 \1574539.4 3 N. To lobby state and federal governments and their officials as well as private entities to obtain funding for implementation of the MSHCP and employ individuals or entities to conduct such lobbying activities on its behalf; and 0. To exercise the powers granted to it under the Act, including, but not limited to, the Bond Law and the powers common to each member, as may be necessary to accomplish the purposes of this Agreement. P. To invest money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code. Section 4. Term. The term of this Agreement shall continue until terminated by the Parties hereto by their mutual written consent as set forth in Section 5 of this Agreement. Section 5. Termination, Withdrawal and Amendment. A. This Agreement shall be automatically terminated and considered null and void in the event the MSHCP is not approved by the County and the Cities or appropriate permits are not issued by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. B. Any Party to this Agreement may withdraw for any reason upon giving all other Parties sixty (60) days advance written notice of the effective date of such withdrawal. This Agreement shall thereupon be deemed automatically amended to reflect the withdrawal of said Party from the RCA and this Agreement. Upon withdrawal of any Party from the RCA and this Agreement, the withdrawing Party shall not receive any distribution, partial or otherwise, of any cash or other assets of the RCA. C. Provided there is mutual consent by the governing bodies of each of the Parties to this Agreement, evidenced in writing, this Agreement may be: (1) amended to add new Parties; or (2) amended to change any portion of this Agreement. Alternatively, any Western Riverside County city may become a party to the Authority upon such terms 26493.00003 \1574539.4 -4- and conditions as established by the Board or Executive Committee. Any Western Riverside County city shall become a party to the Authority by the adoption by the city council of this Agreement and the execution of a written addendum to this Agreement agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the Board or Executive Committee. D. The Parties to this Agreement specifically agree that this Agreement creates an entity which may acquire or hold property. Pursuant to California Government Code Sections 6511 and 6512, upon completion of the purposes of this Agreement or upon termination thereof, any property or assets acquired or surplus money on hand which was obtained pursuant to this Agreement and which is not required by law or contract to be distributed in a different manner, may be returned to the then Parties to the Agreement in proportion to the contributions made, or in the alternative, may be transferred to any local, state, federal or private entity who agrees to assume the duties and obligations of the RCA. However, any distribution of assets shall be subject to the prior discharge of enforceable liability against the RCA. Subject to the foregoing, each Parties proportionate share shall be based upon each Parties contributions to the RCA submitted to the RCA in accordance with Sections 17.A. and B. below. Section 6. RCA Board and Membership. This Agreement and the authority hereby created shall be administered by the governing body of the RCA which shall be known as the "Board of the Western Riverside County Regional Conservation Authority" hereinafter referred to as the "Board." The regular members of the Board shall be the five members of the Riverside County Board of Supervisors and one member from each incorporated city who is signatory to the Agreement. Written notification of the appointment of a City representative shall be provided to the Chairperson of the Board. Each member of the Riverside County Board of Supervisors may appoint an alternate member and each City may appoint one alternate member. Each regular member and alternate City appointed member must hold an elective office on the 26493.00003 \1574539.4 - 5 - respective governing body appointing the regular or alternate member. The Board of Supervisors may appoint a city council member of a member city to represent each Board of Supervisor member as an alternate at meetings of the RCA Board or committees. Notwithstanding the prior sentence, in no event shall the same person serve as a city representative and alternate for the Board of Supervisor's member of the same meeting. Notice of the appointment of an alternate shall be made in writing to the chairperson of the RCA Board. In the absence of a regular member, the alternate member shall, if present, participate in a meeting of the Board the same as if the alternate member were the regular member. Regular members and alternate members shall serve on the Board during the term for which they were appointed or until their successor has been appointed or their appointment has been revoked, whichever is earlier. However, a regular or alternate member's position on the Board shall automatically terminate if and when the term of the elected public office of such regular or alternate member is terminated. When a vacancy occurs, it shall be the duty of the respective Party having the vacancy to promptly inform the Board of the name of the replacement regular or alternate member. Regular members and alternate members, if participating in a meeting of the Board on behalf of a regular member, shall be entitled to compensation for participation in meetings of the Board and necessary traveling and personal expenses incurred in the performance of the member's duties as authorized by the Board. Such compensation shall be fixed by resolution of the Board. Section 7. Meetings of the RCA Board. A. Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be provided to the governing body of each of the Parties and with each Party's designated regular and alternate member. Special meetings and adjourned meetings may be held as required or permitted by law. 26493.00003 \1574539.4 6 B. Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). C. Quorum and Voting. A majority of the members of the Board shall constitute a quorum for the transaction of business and all official acts of the Board shall require the affirmative vote of a majority of the members of the Board. Each regular member or alternate member acting in the place of a regular member shall have one vote at meetings of the Board. However, any member of the Board, immediately after a vote of the Board and prior to the start of the next item on the agenda may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: I. the item shall be approved by a majority of the Board members present at the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote; II. the item shall be approved by a majority of the Board members present at the meeting who represent Cities, who each shall have one vote; and III. the item shall be approved by Board members present at the meeting who represent Cities representing a majority of an equal combination of 1) the population of the county living in incorporated areas within the boundaries of the MSHCP Plan area, and 2) the number of acres currently within the Criteria Cells in the incorporated areas as follows: Banning — 78 acres; Beaumont — 10,098 acres; Calimesa — 3,380 acres; Canyon Lake — 303 acres; Corona — 2,315 acres; Eastvale — 1,024 acres; Hemet — 1,158 acres; Lake Elsinore — 14,336 acres; Menifee — 249 acres; Moreno Valley — 2,325 acres; Murrieta — 8,726 acres; Norco — 734 acres; Perris — 3,181 acres; Riverside — 1,201 acres; San Jacinto — 4,580 acres; Temecula — 3,899 acres; and Wildomar — 4,151 acres. Population data shall be determined through California Department of Finance estimates, adjusted annually. 26493.00003 \1574539.4 -7- In addition, the Board may, through resolution, revise the above - referenced number of acres due to the addition of a new member entity or other appropriate adjustments as the Board deems necessary. D. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and affairs as it may deem necessary, including, without limitation, the designation of a person to record and transcribe the minutes of each public meeting of the RCA. Section 8. Officers. The Board shall select a Chairperson and a Vice - Chairperson at its first meeting and at the first meeting held in each succeeding calendar year. Additionally, at its first meeting and at the first meeting held in each succeeding calendar year shall, the Board shall select any other officers it deems appropriate. In the event an officer resigns or ceases to be an officer, the Board shall select a replacement therefore at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice - Chairperson shall act as Chairperson. A. Treasurer. The treasurer of a member agency shall serve as the treasurer of the RCA. The Board pursuant to the adoption of a resolution shall appoint the treasurer of a member agency to serve as the Treasurer. The Treasurer shall have the custody of the RCA money and disburse RCA funds pursuant to the accounting procedures developed in accordance with the provisions of this Agreement, the Act, and with those procedures established by the Board. The Treasurer shall assume the duties described in Section 6505.5 of the Government Code, namely: receive and receipt for all money of the RCA and place in the Treasury of the Treasurer to the credit of the RCA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all RCA money so held; pay, when due, out of money of the RCA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by the RCA or Board; verify and report in writing on the first day of July, October, January and April of each year to the RCA the amount of money held for the RCA, the amount of receipts since the last report, 26493.00003\1574539.4 -8- and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. B. Controller. The Finance Director of a member agency shall serve as the Controller of the RCA. The Board pursuant to the adoption of a resolution shall appoint the finance director of a member agency to serve as the Controller. The Controller shall draw warrants to pay demands against the RCA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of al receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices, the books and records of the RCA in the possession of the Controller shall be open to inspection at all reasonable times by representatives of the Parties. The Controller, with the approval of the RCA, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of the RCA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the Parties. Such annual audit and written report shall comply with the requirements of Section 6505 of the Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against any unencumbered funds of the RCA available for such purpose. The Board by unanimous vote, may replace the annual audit with a special audit covering a two -year period. Section 9. MSHCP Advisory Committee. Within thirty (30) days after issuance of the permits by the U.S. Fish and Wildlife Service and California Department 26493.00003\1574539.4 -9- of Fish and Game for the MSHCP, the Board shall form an MSHCP Advisory Committee. The MSHCP Advisory Committee shall consist of the Riverside County Habitat Conservation Agency (RCHCA) Board of Directors and one representative from each City who is not a member of the RCHCA. Within six (6) months of execution of this Agreement, or at any time thereafter, the Board may review the RCA organizational structure established by this Agreement to determine if it is facilitating MSHCP implementation. Section 10. Executive Director. The Board shall retain an Executive Director to administer the MSHCP in compliance with the duties and responsibilities set forth in Sections 5.0 and 6.0 of the MSHCP. As required by the MSHCP, the RCA shall initially contract with the County of Riverside to provide an appropriate department or individual to act as the Executive Director within thirty (30) days of the formation of the RCA. The appropriate department or individual shall be recommended by the County's Executive Officer and considered by the Board. It is understood by the Parties to this Agreement that the Board may accept or reject the County Executive Officer's recommendation of an appropriate department or individual to serve as the Executive Director. This contract shall be for an initial term of three (3) years. At least six (6) months prior to the expiration of this initial contract term, the Board shall review the County department's or individual's performance as Executive Director. Based upon this review, the Board may elect to extend the contract with the County or select an alternative entity or individual for the Executive Director position upon expiration of the initial term. Section 11. RESERVED Section 12. Monitoring Program Administrator. Upon issuance of the permits for the MSHCP by the U.S. Fish and Wildlife Service and California Department of Fish and Game and for a period of eight (8) years thereafter, the California Department of Fish and Game shall serve as the Monitoring Program Administrator for the MSHCP. The Monitoring Program Administrator shall be responsible for implementing the monitoring program contained in Section 5.0 of the MSHCP and shall perform all duties 26493.00003 \1574539.4 - 10 - 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 and responsibilities as set forth in Sections 5.0 and 6.0 of the MSHCP. Thereafter, the Board may elect to have the Department continue acting in the capacity or shall select an alternative individual or entity for this position if the Board determines that the Department cannot adequately perform the duties and responsibilities of this position. Section 13. Reserve Managers. The Board shall retain at least one Reserve Manager to manage lands owned by the RCA within the MSHCP Conservation Area. This Reserve Manager(s) shall report to the Executive Director and shall perform all the duties and responsibilities set forth in Section 5.0 and Section 6.0 of the MSHCP. Additionally, Reserve Managers managing lands owned by any Party to this Agreement that are within the MSHCP Conservation Area shall report to the Executive Director. Section 14. Independent Science Advisors. The Board shall retain, as appropriate, independent science advisors who are qualified biologists and conservation experts with expertise in species covered by the MSHCP and their habitats. Additionally, to the extent feasible, the independent science advisors shall have experience in land management. Independent science advisors shall be retained on an annual basis, shall report to the Executive Director and shall comply with the duties and responsibilities set forth in Section 6.0 of the MSHCP. Section 15. Funding Coordination Committee. Within one hundred and twenty (120) days after issuance of the permits by the U.S. Fish and Wildlife Service and California Department of Fish and Game for the MSHCP, the Board shall form a Funding Coordination Committee to provide recommendations to the Board on local funding priorities and local MSHCP Conservation Area acquisitions. Members of this committee shall be appointed by the Board and shall consist of, at a minimum, representatives of the Parties to this Agreement, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game. To the extent feasible, members of the Funding Coordination Committee shall have expertise in real estate or land use planning and /or experience implementing large scale conservation programs. 26493.00003\1574539.4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Funding Coordination Committee shall make recommendations to the Board through the Executive Director on local land acquisitions and funding priorities. Additionally, this Committee shall provide a forum to discuss land acquisition priorities of the U.S. Fish and Wildlife Service and California Department of Fish and Game and acquisitions by other entities using non -local sources of revenue. The Board shall establish policies under which the Funding Coordination Committee shall make recommendations to the Board. Such policies shall include conflict of interest guidelines for the Committee members. The Planning Directors of each Party to this Agreement shall receive prior notice of all meetings of the Funding Coordination Committee. Such notice shall include a meeting agenda and a list of potential acquisition sites, if applicable. The Planning Directors or their designated representatives may participate in Committee meetings, as appropriate. Section 16. Reserve Management Oversight Committee. The Reserve Management Oversight Committee (RMOC) shall be formed within sixty (60) days of the effective date of the contract between the RCA and the County concerning the establishment of an Executive Director. The RMOC shall be composed of, at a minimum, one representative appointed by each of the following entities: A. U. S. Fish and Wildlife Service, B. California Department of Fish and Game, C. Riverside County Regional Parks and Open Space District, D. Bureau of Land Management, E. U.S. Forest Service, F. California Department of Parks and Recreation, G. RCA, and H. Up to five (5) other private or public agencies or entities that own or manage land within the MSHCP Conservation Area. 26493.00003 \1574539.4 - 12 - The RMOC shall serve as the intermediary between the Reserve Managers and the decision making function of the RCA. The Executive Director shall serve as chair of the RMOC. Section 17. Rules and Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The Act, the Bond Law, and the laws of the State of California applicable to a general law city shall govern the RCA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the RCA's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. Section 18. Fiscal Year. The fiscal year of the RCA shall be the period commencing on July 1 of each year and ending on and including the following June 30. Section 19. Contributions /Estimated Budget. A. Contributions of Development Mitigation Fees. The Parties to this Agreement shall impose a development mitigation fee on all new development to support the acquisition of additional reserve lands pursuant to the MSHCP. All development mitigation fees collected by the Parties shall be forwarded to the RCA within ninety (90) days after receipt by each Party. The RCA may, in its discretion, conduct an audit of the development mitigation fees collected by any Party to this Agreement. B. Other Contributions. The RCA may accept contributions of money or property from the Parties or other individuals or entities including but not limited to contributions from Parties, MSHCP Permittees and Special Participating Entities who obtain take authorization under the MSHCP for public utility, schools, transportation, flood control and other public infrastructure projects. Additionally, a Party may hold and 26493.00003 \1574539.4 - 13 - manage its own property as a contribution to implementation of the MSHCP and the MSHCP Conservation Area. Landfill Tipping Fees and Density Bonus Fees collected by the County may be contributed to the RCA on an annual basis subject to the discretion of the Board of Supervisors. C. Use of. Contributions. When approved by the Board, revenues received by the RCA, including without limitation, fees and other contributions, shall be used to implement the MSHCP. In addition, the RCA shall reimburse the County for any and all litigation costs, including but not limited to attorneys fees, incurred in defense of any legal challenge concerning the adoption of the MSHCP or any related actions as well as any costs incurred to establish the Executive Director and any other necessary staff prior to entering into the contract contemplated in Section 10 of this Agreement. D. Budget. The annual budget for the RCA shall be prepared by the Executive Director. The annual budget shall be based on an estimate of the amount of revenue necessary to implement the MSHCP during the ensuing fiscal year and shall consider necessary land acquisition, improvements, maintenance, management, monitoring, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the RCA. Section 20. MSHCP Reporting Requirements. In order to assist in the preparation of the annual report required to be prepared by the RMOC and submitted to the USFWS, CDFG, and RCA as set forth in the MSHCP and Implementing Agreement, the Parties shall on a monthly basis provide the following information to the RCA: A. grading permit activity including the number of the permit issued, the location of the development site identified by assessor's parcel number, and the amount of acreage disturbed; B. single family home and mobile home construction activity within the Criteria Area including the number of the grading, building, site preparation or installation permit issued and the location of the development site identified by assessor's parcel number; 26493.00003\1574539.4 - 14 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. development mitigation fee collection including identification by assessor's parcel number of the project for which the fee was collected, the amount of the fee paid, and any exemptions or credits that may have been included in any calculation of the fee; and D. any other information required to comply with the provisions of the MSHCP as may be determined necessary by the Executive Director. In addition, the County shall submit on an annual basis all information contained in the Existing Agricultural Operations Database including the amount of new agricultural land, if any, added to the Database as well as any documentation concerning the expansion of agricultural operations within the Criteria Area. Section 21. Joint Project/Acquisition Review Process. To ensure that the requirements of the MSHCP and its Implementing Agreement are properly met, a joint project/acquisition review process shall be instituted by the RCA. This process is set forth in Section 6 of the MSHCP. Section 22. Liabilities. Except as may be provided herein, the debts, liabilities and obligations of the RCA shall be the debts, liabilities and obligations of the RCA alone, and not of the Parties to this Agreement. Section 23. Indemnification. Provided that a Party has acted in good faith and in accordance with this Agreement, the approved MSHCP and its Implementing Agreement and the Permits, the RCA shall defend, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of any of the following: the Party's development mitigation fee ordinance; the Party's participation in the RCA; actions taken to approve and /or implement the MSHCP; claims of inverse condemnation or unconstitutional takings against a Party; or any other act performed or to be performed by the Party pursuant to this Agreement, the MSHCP, its Implementing Agreement or the Permits; provided, however, that such indemnification or agreement to hold harmless 26493.00003 \1574539.4 - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to this Section shall be recoverable only out of RCA assets and not from other Parties. Section 24. Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid to said respective Parties, as follows: 26493.00003\1574539.4 A. Regional Conservation Authority Executive Director 3403 10 Street, Suite 320 Riverside, CA 92501 (951) 955 -9700 (951) 955 -8873 fax B. County of Riverside Transportation and Land Management Agency Agency Director 4080 Lemon Street, 7 Floor Riverside, CA 92501 (951) .955 -6742 (951) 955 -6879 fax C. City of Banning City Manager 99 E. Ramsey Street Banning, CA 92220 (951) 922 -3103 (951) 922 -3128 fax D. City of Beaumont City Manager 550 E. 6 Street Beaumont, CA 92223 (951) 769 -8520 (909) 769 -8526 fax E. City of Calimesa City Manager 908 Park Ave Calimesa, CA 92320 (909) 795 -9801 (909) 795 -4399 fax F City of Canyon Lake City Manager 31516 Railroad Canyon Road 16 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26493.00003\1574539.4 Canyon Lake, CA 92587 (951) 244 -2955 (951) 246 -2022 fax G. City of Corona City Manager P.O. Box 940 Corona, CA 92878 (951) 736 -2371 (951) 736 -2493 fax H. City of Eastvale City Manager 6080 Hamner Avenue, Suite 103 Eastvale, CA 91752 (951) 361 -0900 (951) 361 -0888 fax I. City of Hemet City Manager 445 E. Florida Avenue South Hemet, CA 92543 (951) 765 -2300 (951) 765 -3785 fax J. City of Lake Elsinore City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -6727 ext. 261 (951) 674-2392 fax K. City of Menifee City Manager 29683 New Hub Drive, Suite C Menifee, CA 92586 (951) 672 -6777 L. City of Moreno Valley City Manager P.O. Box 88005 Moreno Valley, CA 92553 (951) 413 -3008 (951) 413 -3760 fax M. City of Murrieta City Manager 24601 Jefferson Avenue - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26493.00003 \1574539.4 Murrieta, CA 92562 -9755 (951) 698 -1040 (951) 698 -9885 fax N. City of Norco City Manager 2870 Clark Avenue Norco, CA 92860 (951) 270 -5611 (951) 270 -5622 fax O. City of Perris City Manager 101 North D Street Perris, CA 92570 (951) 657 -5882 (951) 657 -1087 fax P City of Riverside City Manager 3900 Main Street Riverside, CA 92522 (951) 826 -5991 (951) 826 -5470 fax Q. City of San Jacinto City Manager 595 S. San Jacinto Avenue, Building B San Jacinto, CA 92583 (951) 487 -7342 (951) 654 -3728 fax R. City of Temecula City Manager PO Box 9033 Temecula, CA 92589 -9033 (951) 694 -6440 (951) 694 -6499 fax S. City of Wildomar City Manager 23738 Clinton Keith Road Wildomar, CA 92595 (951) 677 -7751 - 18 - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 3 4 5 6 7 24 26 27 28 1 2 The listed addresses shall serve as the official address for any notices until such time as any Party gives notice to all other Parties of a change in address in accordance with the terms of this section. Section 25. Severability. If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of the Agreement or the application of such provisions to the other party or to other persons or circumstances shall not be affected thereby. Section 26. Other Agreements Not Prohibited. Other agreements by and between the Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement. Furthermore, the Parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement. Section 27. Other Obligations. The responsibilities and obligations of each Party to this Agreement shall be solely as provided in this Agreement, or as may be provided for in supplemental agreements to be executed by the Parties. Section 28. Non - Assignability. The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto. Section 29. Section Headings. The section headings herein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. Section 30. Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 26493.00003\ 15 74539.4 -19- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Section 31. Cooperation. The Parties recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement, including cooperation in matters relating to the public, accounting, litigation, public relations and the like. Section 32. Future Amendments. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. It is understood that there may be Amendments to this Agreement which will further define the rights and obligations of the Parties. Section 33. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. Original JPA Approved January 27, 2004 Amendment No. 1 Approved April 29, 2007 Amendment No. 2 Approved March 11, 2008 Amendment No. 3 Approved April 7, 2009 Amendment No. 4 Approved , 2011 26493.00003 \1574539.4 - 20 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3 6 5 22 23 4 24 25 27 28 1 2 26 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized as of the date first above written. Dated: COUNTY OF RIVERSIDE Attest: Dated: CITY OF BANNING Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: By: City Clerk Mayor 26493.00003 \1574539.4 - 21 - By: Chairman, Board of Supervisors By: Mayor CITY OF BEAUMONT By: Mayor CITY OF CALIMESA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 Dated: CITY OF CANYON LAKE Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: Dated: CITY OF HEMET Attest: City Clerk Dated: Attest: 26493.00003\ 15 74539.4 - 22 - By: Mayor CITY OF CORONA By: Mayor CITY OF EASTVALE By: By: Mayor CITY OF LAKE ELSINORE By: City Clerk Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: CITY OF MENIFEE Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: City Clerk Dated: Attest: 26493.00003 \1574539.4 - 23 - By: Mayor CITY OF MORENO VALLEY By: Mayor CITY OF MURRIETA By: Mayor CITY OF NORCO By: City Clerk Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3 4 5 24 25 26 27 28 1 2 Dated: CITY OF PERRIS Attest: Dated: CITY OF RIVERSIDE Attest: By: City Clerk Mayor Dated: CITY OF SAN JACINTO Attest: City Clerk Dated: Attest: City Clerk Susan W. Jones, MMC Dated: Attest: By: City Clerk Mayor 26493.00003\1574539.4 By: City Clerk Mayor - 24 - By: Mayor CITY OF TEMECULA Approved as to form City Attorney Peter Thorson By: Mayor Ron Roberts CITY OF WILDOMAR Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: March 8, 2011 Approvals City Attorney Director of Finance City Manager SUBJECT: Approve the Sponsorship Request and Funding Agreement for the 2011 Temecula Spring Rod Run. PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Event Sponsorship Agreement for city - support costs in amount up to $59,561.64 for the 2011 Temecula Spring Rod Run and authorize the Mayor to execute the following agreement. BACKGROUND: Staff has received a sponsorship request from P &R Foundation to provide city support costs for the 2011 Temecula Spring Rod Run to be held on March 11 and 12 2011. The event will serve as a fundraiser for The Boys & Girls Club of Southwest County. The City of Temecula hosts many popular events thoughout the year that entertain and attract thousands of visitors and residents. The Temecula Spring Rod Run event has become a regional signature event which increases tourism revenue for the City's restaurants, hotels, retailers and winereis. Due to the fact the this special event promotes tourism in Temecula, City support services are proposed to come from the General Fund's budget. There will be no commissions, consultant fees and /or salaries paid to any party from the City of Temecula's partnership. The 2011 Temecula Spring Rod Run will begin Friday, March 11 with an evening car cruise on Old Town Front Street. On Saturday, March 12 an all day "Show & Shine" car show will take place. There will be a cross section of approximately 700 classic cars, special inerest vehicles, hot rods and custom cars on display. Estimated attendance is at 50,000 people for the two day event. No alcohol will be served or sold at this event. Promotion for the 2011 car show will include newspaper, radio, television, magazine, posters and internet sites including www. rodruntemecula.com. Rod Run attendees are encouraged to take advantage of the complimentary shuttle service which will provide free transportation from three designated parking location to this year's Temecula Rod Run. Designated locations include former City Hall site, vacant lot on corner of Ynez and Santiago and southern dirt park n ride lot near Temecula Parkway and Front Street. The shuttle service will operate from 8:OOam to 5:OOpm on Saturday, March 12, 2010. The Temecula Rod Run serves as a fundraiser primarly to The Boys & Girls Club of Southwest County. P &R Foundation also donates vendor booth space to various non - profits and civic orgnaizations such as The Border Patrol and Search Dogs of Riverside County. P &R Foundation provided the merchants with a full page add in the Rod Run program and provided numerous PA announcments during the event to encourage shopping and dining within Old Town. FISCAL IMPACT: The City support costs of $59,561.64 are inlcuded in the FY2010- 2011 Operating Budget of the various support departments. ATTACHMENTS: Attachment A- 2011 Sponsorship Agreement THIS AGREEMENT is made and effective as of this 8th day of March, 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and P &R Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit "). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Spring Rod Run (hereinafter referred to as the "Event ") on March 11 and 12 , 2011. The Event is a special event which is located in Old Town Temecula. b. The Event includes: Display of approximately 650 -700 classic cars, hot rids and custom cars along with realted concessions and vendors. The event will benefit The Boys & Girls Club of Southwest County. The informal car display and evening car cruise will be held Friday evening and the traditional "show & shine" will be held on Saturday. No alchol will be served. The event is expected to draw between 45,000 to 60,000 people for the event. c. The City desires to be a Premier Sponsor of the Event by providing City Support Services. d. The Event will serve as a fundraiser with P &R Foundation, a local non- profit organization whose charitable work and contribution have benefited The Boys & Girls Clubs of Southwest County, selected to be the primary recipient. Other funds that are available will be designated to other Temecula based charities. The Nonprofit will be reimbursed for their services in promoting this event and for operations. 2. TERM This Agreement shall commence on March 9, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 9, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND P &R FOUNDATION a. In exchange for providing the Nonprofit with in -kind city- support services valued at an amount not to exceed $59,561.64 of Public Works, Fire and Police as listed in Exhibit B, , the City of Temecula shall receive the benefits as listed in Exhibit A. 4. ALLOCATION OF FUNDS a. The Nonprofit shall allocate and use the City's Sponsorship Funding of in- kind city - support services valued at an amount not to exceed $59,561.64 to produce the Event. b. Within twelve months of conclusion of event, the Nonprofit will provide a general summary report on how funds were expended and what clinics /health agencies received funding and that a portion of the funds were used for underserved residents in Riverside and San Bernardino Counties, the Inland Empire Affiliate's service area. Upon request, City staff may audit the supporting documentation from the Nonprofit. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 6. FINANCIAL AUDIT The Nonprofit shall provide a copy of the consolidated, audited financial statements of the Event of which the Nonprofit is a part. These consolidated financial statements will be audited by an independent certified public accountant and shall include the Event. These audited financial statements should be completed and submitted to the City no later than December 20, 2011, pending the Nonprofit Headquarters audit timeline. 7. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City- issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and /or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and /or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement. 10. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 March 9, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient 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 Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions 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 of Temecula, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, 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 Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, 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 of Temecula, Temecula Community Services District, and /or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit'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 insurers 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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. GOVERNING LAW The City and the Nonprofit 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. 12. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 13. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: Assistant 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: Assistant City Manager 41000 Main Street Temecula, CA 92590 To Recipient: 15. INDEPENDENT CONTRACTOR P &R Foundation 39252 Winchester Rd. #107 -361 Murrieta, CA 92563 -3510 a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit 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 the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 15. 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. 16. AUTHORITY TO EXECUTE THIS AGREEMENT 1. The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk Randy Haapala Vice - President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT P &R Foundation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Ray Waite, President P &R Foundation 39252 Winchester Rd. #107 -361 Murrieta, CA 92563 -3510 951 -303 -9599 pitbullray@netzero.com FSM Initials: Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS Presenting Sponsor In exchange for providing in -kind city - support services of Public Works, Fire and Police valued at an amount not to exceed $59,561.64, for the Spring Rod Run, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material produced by P &R Foundation ♦ City of Temecula Logo on Event T- shirts ♦ City of Temecula Name on all Radio Promotion ♦ City of Temecula Name in all Press Releases EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Spring Rod Run event. The following expenses can be anticipated for the event: Police: $22,000 Fire: $8,000 Public Works: $9,543.17 Public Works Additive Costs: $16,418.47 Code Enforcement: $1,600 Community Services $2,000 TOTAL: $59,561.64 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: March 8, 2011 PREPARED BY: Tamra Irwin, Senior Management Analyst Approvals City Attorney Director of Finance City Manager SUBJECT: Second Amendment to the Agreement with Applied Development Economics for the Quality of Life Master Plan RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement for Applied Development Economics (ADE) for the Quality of Life Master Plan in the amount of $15,225.00 plus 10% contingency, for a total amount of $16,747.50, and to amend the term to December 31, 2011. BACKGROUND: The City of Temecula has embarked in a process called the Quality of Life /Temecula 2030 Master Plan that will be used as a road map and planning tool for the next twenty years. This plan will define the City's long -term goals in a variety of areas, including but not limited to sustainability of quality of life, continual maintenance of public infrastructure, public safety, higher education, business retention and attraction, economic development and fiscal stability. It is also allowing the City to gain the community's vision about where the City should be headed in order to maintain the great quality of life enjoyed by our citizens. As part of the community input process, a Blue Ribbon Committee was established consisting of local industry professionals, key community leaders, and community members. Several community meetings were held to obtain feedback on goals and Temecula's future. Three community meetings were held throughout the City in order to get public feedback on Temecula. The City of Temecula contracted with ADE in June 2009 for the Quality of Life Master Plan: Temecula 2030 in the amount of $142,557.00 which included a 10% contingency. On April 8, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Temecula 2030: Quality of Life Master Plan" to extend the term of the Agreement to June 30, 2011. However, the process and scope of this project has been more intensive and extensive than first anticipated. Additional funds are required to complete the project. This Second Amendment will also extend the agreement to December 31, 2011. An additional $15,225.00, plus a 10% contingency of $1,522.50, for a total Agreement of $159,304.50, is needed to complete the Quality of Life Master Plan and are currently available in funds budgeted within the Economic Development line -item budget in this fiscal year. FISCAL IMPACT: Adequate funding is available within the Economic Development Line -Item Budget in the amount of $16,747.50 for this Amendment. ATTACHMENTS: Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND APPLIED DEVELOPMENT ECONOMICS follows: TEMECULA 2030: QUALITY OF LIFE MASTER PLAN THIS SECOND AMENDMENT is made and entered into as of March 8, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Applied Development Economics, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 23, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Temecula 2030: Quality of Life Master Plan ", in the amount of $129,597.00, plus a 10% contingency of $12,960.00. b. On April 8, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Temecula 2030:Quality of Life Master Plan" to extend the term of the Agreement to June 30, 2011. c. The parties now desire to add scope of work, revise the written notices section, extend the term of the agreement to December 31, 2011, increase the payment in the amount of $15,225.00, increase the contingency in the amount of $1,522.50 and to amend the Agreement as set forth in this Amendment. 2. Section 1. of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5. of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Fifteen Thousand Two Hundred Twenty Five Dollars and No Cents ($15,225.00), plus 10% Contingency of One Thousand Five Hundred Twenty Two Dollars and Fifty Cents ($1,522.50) for additional consultant services for a total Agreement amount of One Hundred Forty Four Thousand Eight Hundred Twenty Two Dollars and No Cents ($144,822.00), plus Contingency in the amount of Fourteen Thousand Four Hundred Eighty Two Dollars and Fifty Cents ($14,482.50), for a total of One Hundred Fifty Nine Thousand Three Hundred Four Dollars and Fifty Cents ($159,304.50). 1 4. Section 14. of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "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 41000 Main Street Temecula, CA 92590 5. Exhibit A to the Agreement is hereby amended by adding thereto the items of additional scope of work set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Applied Development Economics (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Applied Development Economics 100 Pringle Avenue, Suite 560 Walnut Creek, CA 94596 (925) 934 -8712 kstudewelk adeusa.com 3 [Enter Name], [Enter Title] [Enter Name], [Enter Title] FSM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 A APPLIED DEVELOPMENT ECONOMICS To: Aaron Adams, Deputy City Manager, City of Temecula From: Trish Kelly, Principal Re: Augmentation of Budget for Quality of Life Master Plan Date: February 14, 2011 This memo provides an estimated budget to complete the QLMP process. The two primary reasons for this request relate to the extended project time line over several months, which required additional hours primarily for the team planning process (including weekly staff calls and follow up activities), and the iterative process for developing the QLMP template, revising the chapters, and adding/researching additional data for the indicators, which is beyond the data collected through the Environmental Scan, BRC and Community Meetings process. This overall process is very rich but is more time consuming that originally envisioned. This estimate includes time already expended in February, with completion of the QLMP targeted for March. Trish Kelly: 60 hours @$150 /hour = $ 9,000 Kathie Studwell: 25 hours @$135 /hour = $ 3,375 Total $12,375 If presentation is required — preparation and presentation: Trish Kelly: 10 hours @$150 /hour = $ 1,500 Kathie Studwell: 10 hours @$135 /hour = $ 1,350 Total $ 2,850 We have an expense balance of approximately $1,100 which can be reallocated to hours if you do not need us to participate in a presentation. We can help you to prepare the presentation. We realize that budgets are tight and we appreciate your consideration for an augmentation. We remain completely committed to providing the City with an excellent QLMP for which the City will be justifiably proud, and which will serve the City's needs as a vital and enduring blueprint for the next twenty years. 100 Pringle Avenue, Suite 560 • Walnut Creek, CA 94596 • Tel 925.934.8712 • Fax 925.934.2402 2150 River Plaza Drive, Suite 168 • Sacramento, CA 95833 • Tel 916.932.1562 • Fax 916.923.1625 www.adeusa.com Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Herman D. Parker, Director of Community Services DATE: March 8, 2011 SUBJECT: Right of Entry Agreement by the Western Riverside County Regional Conservation Authority PREPARED BY: Barbara Smith, Senior Management Analyst Approvals City Attorney Director of Finance City Manager RECOMMENDATION: That the City Council approve the Agreement between the City of Temecula and Western Riverside County Regional Conservation Authority. BACKGROUND: The City of Temecula owns an approximately 32 acre parcel located in the southwestern portion of the City that runs along the southbound 15 Freeway. The Western Riverside County Conservation Authority (RCA) in accordance with the U.S. Geological Survey protocol, has requested permission to enter this parcel to conduct a biological survey for Arroyo Chub and Western Pond Turtles. The Arroyo Chub is a fish found only in the coastal streams of southern California. The Western Pond Turtles are small to medium sized turtles that are found on the west coast from Washington State to Baja California. The biological survey for the Arroyo Chub and Western Pond Turtle will be done in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan. The right to enter will begin once this agreement is fully executed and will terminate on December 31, 2011. There will be no impacts to the property or animals. FISCAL IMPACT: All costs associated with this survey will be paid by RCA ATTACHMENTS: Vicinity Map Agreement o3; N W N 7 • C CD -I w Fs 2'on O'30 0 c 3 d m O ° 3 O, 3 z 3 <'. D v 3 = i ". a 0,N N 7 � O 0 O O 0 0 0 0 0 O 0 g RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ( "Right of Entry ") is entered into by the City of Temecula, a public agency (referred to herein as "GRANTOR ") and the WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY (referred to herein as "GRANTEE "). GRANTOR and GRANTEE are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. GRANTOR is the owner of certain real property commonly referred to as Assessor Parcel Number 922- 210 -060, depicted on Exhibit "A ", attached hereto and incorporated by reference (the "Property "). B. GRANTEE desires to obtain GRANTOR's permission to enter onto the Property, on a temporary basis, for the purpose of conducting a biological survey for Arroyo Chub and Western Pond Turtle, as described in greater detail in Exhibit "B ", attached hereto and incorporated by reference. C. The Parties wish to enter into this Right of Entry whereby GRANTOR will allow GRANTEE to enter onto the Property, on a temporary basis, for the above stated purpose. NOW, THEREFORE, GRANTOR and GRANTEE do hereby agree as follows: AGREEMENT 1. Right of Entry. GRANTOR hereby grants to GRANTEE and its agents, employees and contractors the temporary right to enter onto the Property for the purpose of conducting a biological survey for Arroyo Chub and Western Pond Turtle, as described in greater detail in Exhibit `B ", attached hereto and incorporated by reference. 2. Term. The term of this Right of Entry shall commence on the date of the last signature on this Right of Entry, assuming that the Right of Entry is executed by all the Parties hereto ( "Effective Date "). This Right of Entry shall automatically terminate on December 31, 2011. The term may be extended by written notice from GRANTOR to GRANTEE. 3. Indemnification. GRANTEE shall indemnify and hold harmless GRANTOR from claims arising from GRANTEE's, its agent's or its contractor's negligent acts or omissions or willful misconduct related to entry onto the Property pursuant to this Right of Entry. GRANTOR shall indemnify and hold harmless GRANTEE from claims arising from GRANTOR's, its agent's or its contractor's negligent acts or omissions or willful misconduct performed pursuant to this Right of Entry. 4. Authority to Enter Agreement. GRANTOR hereby warrants that it is the owner of the Property and that the undersigned is authorized to grant GRANTEE permission to enter onto the Property for the use specified in this Right of Entry. GRANTEE hereby R V P U BIHSHANE173 7994.1 warrants that the undersigned is authorized to execute this Right of Entry on behalf of GRANTEE. 5. Entire Agreement. This Right of Entry is the result of negotiations between the Parties. This Right of Entry is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this Right of Entry. 6. Amendment Modification. No supplement, modification, or amendment of this Right of Entry shall be binding unless executed in writing and signed by both Parties. 7. Attorneys' Fees, Governing Law, Venue. In the event of a dispute between the Parties with respect to the terms or conditions of this Right of Entry, the prevailing Party shall be entitled to collect from the other its reasonable attorneys' fees as established by the judge or arbitrator presiding over such dispute. This Right of Entry shall be governed by the laws of the State of California. Venue shall be in Riverside County. 8. Counterparts. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date as indicated beside each Party's signature. GRANTOR: CITY OF TEMECULA By: Date: Its: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney RVPUB\HSHANE1737994.1 GRANTEE: WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY By: Date: Charles V. Landry Executive Director APPROVED AS TO FORM: 13y: Best, Best & Krieger, LLP General Counsel RVPUB HSHANE1737994.1 RVPUBIHSHANE1737994.1 Exhibit "A" Map of Property a ■0 2 q @ q 0 m d m % 0 RVPUBIIISHANE1737994.1 Exhibit "B" Description of Biological Work 2010 Arroyo Chub Protocol Western Riverside County MSHCP Biological Monitoring Program 2010 Arroyo Chub Protocol INTRODUCTION Arroyo chub, Gila orcutti, is a species of special concern in California. They are endemic to southern California and are native to the Santa Ana, San Jacinto, and Santa Margarita River systems in the MSHCP Plan Area. The biological monitoring program has never conducted any fish surveys in the Plan Area. Other entities have surveyed some of these watersheds for Santa Ana Sucker and other fish species. Currently the Santa Ana Watershed Project Authority (SAWPA), through San Marino Environmental Associates, surveys for Santa Ana Sucker in the Santa Ana River Watershed. The Santa Ana Watershed Association (SAWA) has also done surveys in the Santa Ana River for Santa Ana Sucker. These surveys also document the presence of arroyo chub and other fish species. Comprehensive fish surveys in the Santa Margarita Watershed were conducted from the fall of 1997 until the spring of 2000 by the U.S. Geological Survey for The Nature Conservancy (Warburton et al. 2000). These surveys documented the presence of arroyo chub in the watershed. These surveys also documented the presence of many invasive fish species which can compete with and /or prey on arroyo chub, such as green sunfish, largemouth bass and black bullhead (Warburton et al. 2000). Moyle (1976) recommends that surveys be done every five years at all known locations of arroyo chub. The biological monitoring program has conducted stream surveys in a few of the Core Areas for arroyo chub (De Luz Creek, Santa Margarita River), but these did not target fish species, and the identification of fish was not a priority during these surveys, and no official training for fish identification was required. We have also surveyed for western pond turtle in the Santa Margarita Watershed, using large and small hoop traps and minnow traps. These surveys did document fish species caught in the traps, but again no formal fish identification training was done prior to conducting these surveys. The Core Areas for arroyo chub include all or part of the following waterways: Santa Margarita River, De Luz Creek, Sandia Creek, Cole Creek, Santa Ana River, Temecula Creek, and Murietta Creek. The arroyo chub has also been documented in the recent past in lower Temescal Creek (Swift 2001) and in the San Jacinto River during stream surveys by Biological Monitoring staff in June of 2010. We will also survey these areas for arroyo chub. Goals and Objectives 1. Document presence of arroyo chub and other fish species in Core Areas, San Jacinto River, and Temescal Creek. A. Record arroyo chub and other fish species detected during fish surveys. B. Document habitat characteristics utilized by arroyo chub. 2. Work in collaboration with USGS to collect genetic material for an on -going population study of fish species in southern California. A. Retrieve tissue samples from USGS Target Species for genetic analysis. Western Riverside County MSHCP 1 Biological Monitoring Program —April 2010 2010 Arroyo Chub Protocol METHODS Survey Design We will survey for arroyo chub in the Santa Margarita watershed, including the main stem of the river, and four of its tributaries, Murietta Creek, Temecula Creek, De Luz Creek, and Sandia Creek. We will also survey Cole Creek which is a tributary of Murietta Creek. These are all Core Areas for arroyo chub. In addition, we will survey a few areas that have historical records for chub, but are not currently Core Areas, including portions of the San Jacinto River and lower Temescal Creek. We will survey 50 meter segments in each 250 meter segment of the pre - existing stream points used for stream surveys and turtle trapping. Field Methods Surveys will be done by electroshocking 50 meter segments of river or stream from downstream to upstream, capturing and identifying all fish and other vertebrates and crayfish that "turn ", or go belly up. We will use a Smith -Root LR -24 Electrofisher. Field Procedure 1. Crew will navigate to the downstream point of a designated 50 meter segment. The segment will be measured and flagged at the upstream and downstream end. An upstream photo will be taken at the beginning of the survey. The electroshocker will be turned on at the predetermined factory setting (30 Hz, 12% duty cycle at 25 watts average output power) to start. These settings will be adjusted according to the reaction of the fish. Fish should not take more than 5 seconds to recover from being shocked. The person using the electroshocker will move slowly upstream from the start point, electroshocking in a zigzag pattern. If the stream is over 3 meters wide, then the two sides of the stream will be shocked separately, by shocking one side then walking back to the start point and shocking the other side, both while moving from downstream to upstream. While the electroshocking is occurring, two people with long - handled dip nets will follow behind the electroshocker, catching all animals that have turned belly up, or that can be easily captured. Behind these people another crewmember will follow with a bucket with fresh cool water and a small dipnet. This person will take all animals caught and place them into a bucket for transporting. At the end of the segment all of the fish captured will be given to a fifth crewmember that will process all fish. Fish will be processed by identifying them to species and tallying them according to age and sex if possible. Native fish species will have a tissue sample taken from at least 5 % of the number caught (or 10 max) in each segment by taking a fin clip from the dorsal fin. All western pond turtles (Actinemys marmorata) caught will be processed by PIT - tagging, photographing, notching, weighing (g) and measuring (mm). If the turtle has been previously processed, we will take the PIT -tag number and weigh and measure the turtle. Detailed photographs will be taken of any unusual or difficult -to- identify fish species. Invasive fish species will be identified and tallied and either released back into the stream or destroyed, according to each crew member's personal preference. Fish will be kept cool and aerated by repeatedly replenishing the water in the buckets or coolers, at least every 10 minutes. If many native fish are captured, they will be stored in coolers, and the water replenished at the same rate. All personnel will wear chest waders or waterproof boots, depending on the depth of the water, and rubber gloves to prevent being shocked, when using the Western Riverside County MSHCP 2 Biological Monitoring Program —April 2010 2010 Arroyo Chub Protocol electroshocker. At the end of each segment we will record water temperature (C), water transparency, pH, dissolved oxygen (concentration [mg/1], and percent), conductivity (mS /cm), salinity (ppt), total dissolved solids (g/1), wetted depth (m) and width (m) of stream channel, water velocity (m/s), so as not to disturb fish before surveying. Also after the survey is completed, water flow measurements (m /s avg), wetted width (m), and thalweg depth (m) will be taken every 25m. SAFETY DO'S AND DON'T'S (From LR -24 Electrofisher Manual) Do's: 1. Always be sure that all personnel are clear of the electrodes before turning on the power. 2. Know how to administer first aid treatment for electrical shock. 3. Wear flotation devices in deep water. 4. Have electrical circuits checked only by qualified technicians. 5. Disconnect the power supply when the electrofisher is not in use. 6. Disconnect chest strap before crossing or entering water! Don'ts: 1. Don't electrofish alone! 2. Don't electrofish when you are over -tired 3. Don't continue to electrofish if the boots or gloves get wet inside. 4. Don't operate an electrofisher if you have had any prior heart ailments. Western Riverside County MSHCP 3 Biological Monitoring Program —April 2010 2010 Arroyo Chub Protocol Equipment • Electroshocker with extra battery • GPS Unit • Long- handled Dip Nets (2) • Small Dip Nets (3) • Buckets (3) • 8 foot by 4 foot 3/16" mesh Seine nets • Chest Waders /Boots • Specimen jars • Datasheets • Water quality meters • Hand lens • Flow meter • Camera • Measuring tape (100m) • Rangefinder • Cm ruler (15cm) • Pesola scales • Maps • Small coolers (2) • Identification guide • Rubber gloves • Seine net (for difficult to access areas) • Pond turtle PIT tag list • PIT tag reader w/ extra batteries • Calipers • Triangular file • Flagging • Extra batteries • Tissue sampling kit TRAINING Current Herp Crew Staff (Bob Packard, Jonathan Reinig, Betsy Dionne, Ashley Ragsdale, Lynn Miller) have been working with Dr. Jonathan Baskin of San Marino Environmental Associates surveying for Santa Ana sucker, arroyo chub, specked dace, and three - spine stickleback in various areas of southern California in 2009 in anticipation of MSHCP Arroyo Chub surveys. These four crew members also worked with Mike Giusti of the California Department of Fish and Game in 2009 removing rainbow trout from streams in the San Jacinto Western Riverside County MSHCP 4 Biological Monitoring Program —April 2010 2010 Arroyo Chub Protocol Mountains using electroshocking and dip nets. Bob has also been working with Dr. Baskin since 2007, and has helped with electroshocking and snorkeling surveys in Massachusetts with Dr. Alex Haro of the Silvio Conte Anadromous Fish Laboratory. Training for new staff will be done by these four crew members, and also by continuing to work with Dr. Baskin in 2010. New staff will be trained in fish identification using local and national field guides, and in -house materials targeting locally - occurring species. They will also be trained in fish identification in the field during training sessions, and by observation of live specimens at the RCRCD facility in Riverside, which has populations of arroyo chub, speckled dace, and Santa Ana sucker. Brett Mills of the Santa Ana Watershed Association will also be assisting in these surveys, and has extensive experience surveying for fish in southern California. Training Results Staff on the fish crew was trained on July 9, 2010 on the use of the electroshocker and seine nets in Mill Creek in the Prado Basin. Safety procedures were detailed during this training. Fish species were captured and identifying characteristics detailed. DATA MANAGEMENT We will record field data onto hardcopy datasheets using waterproof Rite in the Rain copier paper (J. L. Darling Corporation - 2614 Pacific Hwy., E.Tacoma, WA). Data will be entered daily into the Biological Monitoring Program multi -taxa database (Microsoft Corporation 2007) after quality assurance has been performed by the Program Lead. - 5 - TIMELINE • May 2010: Protocol development • June 2010: Office -based training, scouting • 9 July: Mock surveys in Chino Creek • 12 -16 July: Survey San Jacinto River (RCA property) • 19 -23 July: Survey San Jacinto River (SBNF) • 26 -30 July: Survey De Luz and Sandia Creeks • 2 -6 August: Survey Murietta Creek • 9 -13 August: Survey Murietta Creek • 16 -20 August: Survey Temecula Creek • 23 -27 August: Survey Temescal Creek • 30 Aug -3 Sept.: Survey Santa Margarita River • 6 -10 Sept.: Survey Santa Margarita River • 13 -17 Sept.: Survey Santa Margarita River • 20 -24 Sept.: Survey Santa Margarita River Western Riverside County MSHCP 5 Biological Monitoring Program —April 2010 2010 Arroyo Chub Protocol • October to November 2010: data quality assurance and analysis • November 2010 to February 2011: report writing LITERATURE CITED Dolloff, A., J. Kershner, and R. Thurow. 1996. Underwater observation. Pages 533 -553 in B. R. Murphy and D. W. Willis, editors. Fisheries Techniques, 2 edition. American Fisheries Society, Bethesda, Maryland. Dudek & Associates. 2003. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Final MSCHSP, volumes I and II. Prepared for County of Riverside Transportation and lands Management Agency by Dudek & Associates, Inc. Approved June 17, 2003. Moyle PB 1976. Inland fishes of California. University of California Press, Berkeley. Swift CC, Ilaglund T, Ruiz M and Fisher RN. 1993. The status and distribution of the freshwater fishes of southern California. Bull. So. Calif. Acad. Sci. 92. Warburton ML, Swift CC, Fisher RN. 2000. Status and Distribution of Fishes in the Santa Margarita River Drainage. Final Report to the Nature Conservancy. Anchor Environmental CA, L.P. Everest International Consultants SANTA MARGARITA RIVER WATERSHED MANAGEMENT PLANFINAL REDRAFTED WATERSHED MANAGEMENT PLAN SUBTASK DELIVERABLE 8.3 Western Riverside County MSHCP 6 Biological Monitoring Program —April 2010 USGS science for a changing world USGS Western Pond Turtle (Emys marmorata) Trapping Survey Protocol for the Southcoast Ecoregion Survey Protocol, version 1 U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESEARCH CENTER DRAFT DRAFT USGS Western Pond Turtle (Emys marmorata) Trapping Survey Protocol for the Southcoast Ecoregion U.S. GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESEARCH CENTER Survey Protocol Sacramento, California 2006 ii U.S. DEPARTMENT OF THE INTERIOR DIRK KEMPTHORNE, SECRETARY U.S. GEOLOGICAL SURVEY P. Patrick Leahy, Acting Director DRAFT The use of firm, trade, or brand names in this report is for identification purposes only and does not constitute endorsement by the U.S. Geological Survey. For additional information, contact: Center Director Western Ecological Research Center U.S. Geological Survey 3020 State University Drive, East Modoc Hall Sacramento, CA 95819 111 TABLE OF CONTENTS DRAFT 1.0 Introduction 1 2.0 Pond Turtle Natural History 1 3.0 Purpose 4 4.0 Protocol Organizational Overview 4 5.0 Pre- survey Procedures 5 5.1 Trap Preparation 5 5.2 Preparing a Survey Map 7 5.3 Preparing Temperature Loggers 7 5.4 Preparing a Field Kit 7 5.5 Navigating to a Site 9 6.0 Trapping Survey Protocol 9 6.1 Opening Day of Trapping Surveys 9 6.1.1 Initial Survey Data 9 6.1.2 Site Visit Form 9 6.1.2.1 Weather Data 10 6.1.2.2 Setting Pond Turtle Traps 11 6.1.2.3 Setting Minnow Traps 12 6.1.2.4 Setting Temperature Loggers 12 6.2 Checking the Traps 13 6.2.1 Initial Survey Data 13 6.2.2 Weather Data 13 6.2.3 Species Data 14 6.2.3.1 Non - turtle Animal Records 14 6.2.3.2 Non - native Turtle Animal Records 15 6.2.3.3 Pond Turtle Animal Records 17 6.3 Closing Day of Trapping Surveys 21 6.3.1 Closing Pond Turtle Traps 21 6.3.2 Closing Minnow Traps 22 6.3.3 Closing Temperature Loggers 22 7.0 Post - survey Procedures 23 Literature Cited 24 Appendix 1. Data Definitions 27 Appendix 2. Paper Data Form 28 Appendix 3. Additional References and Resources 30 Recommended Citation: U. S. Geological Survey. 2006. USGS western pond turtle (Emys marmorata) trapping survey protocol for the southcoast ecoregion. U. S. Geological Survey protocol. San Diego, CA. 30 pp. iv DRAFT 1.0 INTRODUCTION This protocol documents standard trapping survey techniques for southern populations of the western pond turtle (Emys marmorata), hereafter referred to as pond turtle, in the southcoast ecoregion of the United States (within the U. S. this extends from Santa Barbara, California to the Mexican boarder). The purpose of this protocol is to provide standard guidelines for determining pond turtle presence, relative abundance, population demographics and provide baseline information applicable to declines in pond turtle populations. The protocol, in combination with the USGS Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion, contributes information on general habitat components and disturbances found at each location so that hypotheses can be formulated and tested as to why a species occurs or does not occur in a particular area (U. S. Geological Survey, 2006a). In addition, the techniques are effective at documenting other aquatic species such as fish, amphibians, and other aquatic freshwater taxa. This protocol is based on methods found in the USGS Aquatic Species and Habitat Assessment Protocol for Southcoast Ecoregion Rivers, Streams, and Creeks (U. S. Geological Survey, 2006b). This protocol describes trapping surveys that are to be conducted in streams, rivers, ponds, reservoirs and lakes. Surveys conducted on linear sites, for example streams or rivers, will be broken down into 250 m segments. Segmenting the linear survey areas will provide a reasonable means of recording data that are representative of the entire site and will allow for detection probability analyses to be calculated. Surveys should be conducted during the time of greatest pond turtle activity, typically during the breeding season (May - July), and when pond turtles have not left the water to aestivate or overwinter in the uplands. Southern populations of pond turtles may remain active and in the water year - round, if the conditions are suitable (enough water, warm temperatures); however, this is not well studied. In this protocol we assume that prior to conducting a survey, surveyors have familiarized themselves with background information and the biology of the pond turtle in order to form a good search image and know where to look for this species. For information on the key characteristics, natural history, and biology of the pond turtle we suggest referring to Stebbins (2003) and "A Field Guide to the Reptiles and Amphibians of Coastal Southern California" (http: // www.werc.usgs.gov /fieldguide/). A brief summary of pond turtle natural history is included in this protocol. 2.0 POND TURTLE NATURAL HISTORY The pond turtle, a member of the Emydidae family, is the only turtle native to coastal California. Pond turtles are cryptically colored and vary from a brown to olive -brown to dark brown (Figure 1). The scutes on their carapace have a radiating marbled pattern that are sometimes only visible in sunlight and their head and body have a mottled appearance (Figures 1 & 2). Males and females have slight morphological differences. Males tend to have thicker tails and their cloacal opening falls posterior to the posterior edge of their carapace (Figure 3). Females have thinner tails and their cloacal opening falls at or anterior to the posterior edge of their carapace (Figure 3). Males tend to have concave plastrons (to aid in mating), while females tend to have flat or slightly convex plastrons. The carapaces of females are also taller to allow room for eggs. 1 Figure 1. Western pond turtle. DRAFT Figure 2. Western pond turtle carapace. 2 DRAFT Females: vent usually anterior to the posterior edge of carapace yr* AT\ Males: vent usually ' at or posterior to the posterior edge of carapace Figure 3. Sexing and measuring guidelines for western pond turtles. In southern California, pond turtles reach sexual maturity at about 100 - 105 mm in carapace length and 4 - 6 years of age (Holland, 1992; Bury et al., 2001). In southern populations, females typically produce eggs yearly and sometimes double clutch (Goodman, 1997a, 1997b; Lovich & Meyer, 2002; Bury, in press). Clutch size ranges from about 1 to 13 eggs and is positively correlated with body size (Holland, 1991, 1994; Hays et al., 1999; Pires, 2001; Lovich & Meyer, 2002). Eggs are laid in excavated nests in upland habitat. Females will travel 100 m to just over 400 m perpendicular from wetland habitats to nest (Storer, 1930; Rathbun et al., 1992; Holland, 1994; Goodman, 1997a; Reese & Welsh, 1997; Lovich & Meyer, 2002; Rathbun et al., 2002). Hatchling survivorship is low; under undisturbed conditions only 10 - 15% survive the first year (Hays et al., 1999). Pond turtles can often be found thermoregulating on aquatic basking areas such as rocks, downed logs, or emergent vegetation. They have acute hearing and eyesight and are easily disturbed. You will often hear them as they splash into the water to take cover before you see them. Basking behavior may be witnessed year round in southern populations due to warmer year round temperatures. Pond turtles are dietary generalists and locate food by either sight or smell. Aquatic invertebrates are the mainstay of the adult diet, but carrion, small fish, frogs and some plants are also consumed. The diet of young pond turtles is poorly understood, but they are thought to eat zooplankton (Jennings & Hayes, 1994; McAllister et al., 1996). The pond turtle is considered a habitat generalist because it inhabits many types of water bodies ranging from permanent to intermittent and from freshwater to brackish environments (Holland, 1991, 1994; Buskirk, 2002). Pond turtles are known to inhabit creeks, slow moving rivers, marshes, ponds, lakes, reservoirs, vernal pools, canals and even sewage treatment plants (Stebbins, 2003; Holland, 1991; Ernst et al., 1994; Reese, 1996) and prefer habitats with slow flowing water with the presence of woody or rocky debris that provide emergent and underwater refugia sites (Reese, 1996; Reese & Welsh, 1998a; Buskirk, 2002). 3 DRAFT Pond turtles are mostly aquatic, but will leave water to travel to surrounding upland habitats to nest, over - winter, bask and aestivate (Holland, 1991; Reese, 1996; Reese & Welsh, 1998b; Lovich & Meyer, 2002; Rathbun et al., 2002). Although it is clear that pond turtles rely on these terrestrial environments to meet their life history requirements, the amount of time that they spend in these areas and the distance they travel from water is poorly known in the arid southern portion of its range (except see Goodman, 1997a). Historically, this species was common in most major coast - facing drainages and had a relatively continuous distribution from Washington to northern Baja California, with a few scattered isolated populations elsewhere (Storer, 1930; Stebbins, 2003; Ernst et al., 1994; Jennings & Hayes, 1994). The pond turtle is in a general state of decline throughout much of its range (Brattstrom & Messer, 1988; Holland, 1991; Jennings & Hayes, 1994). In southern California, pond turtles were once widespread and common (Brattstrom, 1988; Brattstrom & Messer, 1988). The pond turtle is a Federal and California Department of Fish and Game Species of Concern. The principal cause of decline in the pond turtle is riparian and terrestrial habitat loss and degradation. 3.0 PURPOSE Currently, pond turtle inventory and monitoring surveys are conducted regularly across the ecoregion by a large number of biologists from federal and state agencies, educational institutions, and non - governmental organizations throughout Los Angeles, San Bernardino, Riverside, Orange and San Diego Counties. Survey methods and data collection differ greatly among biologists and across sites. Therefore, we are often unable to establish detection probabilities which require standard survey techniques, to analyze what factors influence probabilities of detection for pond turtles, or to build predictive or explanatory models in an area or region. The purpose of this protocol is to provide a standard means of taking measurements and recording data so that changes reflected in these data are the result of natural phenomena and not because of changes in the way different individuals collect and record these data (Oakley et al., 2003). Standardizing data collection methods will also allow for data comparisons to be made across all parties and agencies using these methods (Oakley et al., 2003). The specific data collection methods described herein are intended for the purpose of quantifying information on the location and biology of pond turtles throughout the southcoast ecoregion and on the habitat components at these survey locations. We attempted to include a full suite of standard measures that may be used to adequately describe and predict suitable habitat for pond turtles and other native and non - native aquatic species. Our goal is to then use these measures as covariates in statistical analyses to determine probability of detection and predict species (MacKenzie et al., 2002, 2003). 4.0 PROTOCOL ORGANIZATIONAL OVERVIEW This protocol is arranged in chronological order using a step -by -step procedure of what to do before, during and after a survey. We begin with pre- survey preparation, including trap preparation, making a survey map, preparing temperature loggers, preparing a field kit, and navigating to a site. We then describe how to set up and remove traps, which data are to be collected and the techniques used to collect them. We follow with post -survey procedures such as disinfecting and storing equipment, and correcting and storing data. Appendices have been added at the end of this document to provide more detailed information on data definitions (Appendix 1), an example of a paper data form (Appendix 2), and additional references and 4 DRAFT resources (Appendix 3). When performing certain procedures and measurements within this protocol special equipment may be needed. For care, use and methods for implementing these special procedures and using required instruments we refer the reader to additional protocols found in the USGS Vertebrate Sampling Protocols for Basic Procedures and Equipment Use (U. S. Geological Survey, 2006c). This manual of basic procedures will be provided as supplementary material to this protocol for those requesting the information. As procedures, equipment, and survey techniques improve, this protocol may be revised periodically to ensure that the most effective means of surveying and data collection are utilized. 5.0 PRE - SURVEY PROCEDURES 5.1 Trap Preparation If a site is considered potentially suitable for pond turtles during a visual survey (for visual survey protocol refer to USGS Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion), surveys using baited traps may be conducted to determine pond turtle presence, relative abundance, and population demographics (U. S. Geological Survey, 2006a). We suggest the following methods based on Holland (1994), Reese (1996), Ashton et al. (2001), Lovich & Meyer (2002), Rathbun et al. (2002), Bury et al. (2001), and Madden -Smith et al. (in press). We recommend using commercial turtle traps (hoop traps) or a similar type of funnel trap. Hoop traps work well in deeper water, consist of one or more funnels, and come in a range of diameters and mesh size (Figure 4). Smaller box type funnel traps work well in shallow water (Figure 5). Trap netting should be treated with a coating (usually tar) to increase the longevity of the traps. Minnow traps (Figure 6), small funnel traps, can be set along with turtle traps to aid in detecting small turtles as well as small fish, amphibians, and amphibian larvae. PVC Poles Notched =. - on Ends and Placed on Outcr IIoo Floa Fingered -mouth Funnels Figure 4. Example of a turtle trap. This trap is a 1.5 ft diameter double fingered -mouth funnel trap. 5 Figure S. Box type funnel trap. Figure 6. Types of minnow traps. DRAFT We recommend baiting the traps with canned sardines (or any other type of fish) in oil, but any type of canned, fresh or frozen fish will work. Using a punctured can of sardines in each trap works well, preventing the consumption of the fish by the turtles, so traps remain baited. Sardines canned in oil seem to attract turtles better because they have a stronger odor than those canned in water. To save money, traps can be re- baited every other day and/or sardines can be divided into smaller containers or mesh begs. Traps should be set near habitat features likely to be used by pond turtles (possible basking areas, areas with underwater refugia). In stream habitats, traps should be set with the opening of the trap facing downstream. This will allow easier access to turtles as they swim upstream following the scent of sardines. The traps should also be anchored securely to shore with a rope (tied to the center top of the trap) so that the traps do not drift or sink. In addition, the top of the traps should be raised above the water's surface with floats to allow captured turtles (and other animals) to surface for air. Poles made out of PVC pipe or wood can be used to keep the hoop traps open (Figure 4). PVC poles should be filled with a spray foam (a non -toxic latex based insulating foam sealant) to help keep the traps afloat and to prevent the loss of poles in deep water if they happen to fall off of the trap. The floats and poles should be painted a dark color to help camouflage the traps to prevent them from 6 DRAFT being noticed and tampered with by humans or noticed and avoided by turtles. Two labels should be placed on each trap; 1) a unique identification number and 2) a please do not disturb equipment sign. The unique identification number should provide information about the type of trap and a unique number (i.e., H1 -FN -13 this means the trap is a 1.5 ft. diameter (H1) funnel trap (FN) and it is trap number 13 or BX -04 is box trap number 4. It is best if traps are set for a minimum of 4 days. At a minimum, traps should be checked daily. In high traffic areas, traps should be monitored during the day and removed every evening to prevent traps from being tampered with or vandalized and deter the taking of animals. The number of traps to be used will be based on the amount of time available to check all traps and process animals, the amount of available suitable turtle habitat, the accessibility of the habitat, and the number of traps available. Larger areas can be broken down and trapped over several survey sessions. Reviewing the visual survey data may help you determine the number of traps. 5.2 Preparing a Survey Map Since sites must be visually surveyed prior to trapping, the sites are already pre - defined. Print a map of the survey site that shows the entire survey area. Depending on your survey site; a linear site, stream or creek broken up into 250 m segments, or a non - linear site, such as a pond, (hereafter referred to as segment and polygon respectively); make sure your map shows your 250 m segments or central point of each polygon. Also include any possible trap locations downloaded to the GPS unit or any pond turtle visual encounter locations from the visual survey. 5.3 Preparing Temperature Loggers Temperature loggers need to be initialized prior to entering the field. Refer to USGS Vertebrate Sampling Protocols for Basic Procedures and Equipment Use, Module 14 (U. S. Geological Survey, 2006c). 5.4 Preparing a Field Kit Prepare or inspect the field kit. Make sure batteries are fresh and there are sufficient extras. Familiarize yourself with the GPS unit. Make sure coordinate system and datum are set appropriately. USGS recommends using the datum WGS84 (NAD83 is also acceptable). The coordinates should be recorded in decimal degrees or hddd.ddddd °. See Figure 7 for the basic contents of a pond turtle field kit. Survey Kit: 1. Appropriate permits (if required) 2. Copy of protocol 3. Maps 4. GPS unit with accompanying list of coordinates 5. PDA (Personal Digital Assistant) with field forms (or paper data forms). Note: bring backup paper data forms in case of PDA technical difficulties. 6. Field guides: USGS field key for aquatic species and/or Stebbins (2003) (western reptile and amphibian species), Conant and Collins (1998) (central and eastern North American turtle species), and McGinnis (1984) (fish). 7. Digital camera 7 DRAFT 8. Binoculars 9. Thermometer (for air & water temp) 10.50 ml vials of 95% ethanol (for collecting any dead non -turtle specimens and cleaning small instruments). Bring enough to accommodate more than the anticipated number of specimens you intend to collect. 11. Re- sealable bags (1 -gallon and 1 -quart size). Bring enough to accommodate more than the anticipated number of animals you intend to examine. 12. Alcohol -proof indelible pens (we generally use VWR markers) 13. Extra batteries (AA, AAA, D) depending on equipment 14. Bleach and extra water (for disinfecting equipment that has come in contact with animals or water) 15. Hiking boots or waders /water shoes (depending on the terrain and/or water levels) 16. Safety and first -aid kit 17. Large plastic container (for removing non - native turtles) 18. Extra rope (approximately 10 m per trap) 19. Flagging (for marking trails to traps in dense vegetation) 20. Bait (USGS suggests using canned sardines in oil) 21. Bags, carabineers, hooks, zip ties (1 per trap to attach bait to the trap) 22. Turtle traps (1.5 and 2.5 foot diameter commercial turtle or similar type of funnel trap with 1 -1.5 inch - squared mesh) 23. Minnow traps (for catching small turtles, amphibians, and amphibian larvae) 24. Temperature data loggers- Hobo (air) and Tidbit (water) Additional equipment needed for processing turtles: 25. Pesola spring scales 26. Passive Integrated Transponder (PIT) tags (optional) 27. PIT -tag reader (optional) 28. 1.5 ml tissue vials (optional) 29. Surgical scissors for taking tissue sample from turtle tails (optional) 30. Small dial calipers (small turtles) and large slide calipers (large turtles) for measuring carapace 31. Triangular file (for notching shell) PT'f =in; ]ten(Irr & 1' Tissue Vlals & lnd5lble Pen RinactInr3 Argo 1)lul Callpen Figure 7. Basic equipment needed for pond turtle surveys. 8 DRAFT 5.5 Navigating to a Site Use your GPS unit to navigate the vehicle(s) closest to the beginning of the site by selecting the "GO TO" button. On foot, navigate to the start point or edge of the site. Since the coordinates are typically figured using a topographical mapping program (TOPO! ® ) you can expect there to be some positioning error and you may need to adjust your position accordingly to place yourself in or adjacent the stream channel or pond. Now you are ready to start your forms and deploy traps. 6.0 TRAPPING SURVEY PROTOCOL 6.1 Opening Day of Trapping Surveys 6.1.1 Initial Survey Data Once at your site, 250 m segment or polygon, data need to be collected before setting traps. Initial survey data include; block name (study site name), site name, weather, and site photo. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. At the start of each sampling period (250 m segment or polygon) start a new " StreamSurvey" form. The data fields at the top of the form relate to when, who, why, and how. 1. Survey ID: Self generating with the unique identifier for the survey. 2. Date: Self generating. 3. Survey Type: Select from the drop down menu the option "Turtle: Trapping" 4. Name: Self generating with the date and survey type (i.e., 5 /8 /06Turtle: Trapping). 5. Project: Record the project code for which the data are being collected. Obtain the correct project code from the project lead. a) Field Project Notes: Record any pertinent information related to the project code. 6. Observer: Hit "Add" to open to a new form to begin entering observers. Record the name of each person on the survey. a) Observer ID #: Select the observer from the drop down menu; if the name does not appear in the list, write the name in. b) Observer Order: Self generating field. c) Task: Select from the drop down menu the task each observer will do in the field. The options are; Both Observer/Recorder, Observer, Recorder, and Processor. d) Note: Enter any additional relevant information about the observer. 7. Site Visit: Hit "Add" to open to a new form to begin entering site survey data. 8. Notes: Enter any additional relevant information about the site. 5/18/06Turtle: Trapping Surveyl0 Nome Project Observer SiteVisit Species Data Weather Notes End ) '4(C6-98 S /18 /06Turtle: Tr 0 • 0 0 0 O 0 6.1.2 Site Visit Form The next section of the "StreamSurvey" form includes site location information, along with several additional site descriptors. If using the PDA, some of these variables will be predefined for the survey site and will automatically populate when you choose your site name and segment. If multiple 250 meter sites or polygons are being trapped, create a new site visit record for each. 9 DRAFT Open the "SiteVisit" form and hit "Add ". The data fields at the top are related to the survey location. 1. Block: Chose the block name (= the name of your site) from the drop down menu. 2. Site: If your survey site is a stream, select the name of the 250 m segment from the pre- defined list (scroll to the name in your PDA or write down the name that was assigned to the site when it was pre- defined). If your site is a polygon the site name might be the same as the block. Note: At this point the "Block" and "Site" you entered become the "Survey Name" and the predefined latitude /longitude, elevation, datum, drainage, and site length are populated for that record. If using the paper form these fields must be entered by hand. Santiago Reservoir_S/ 18/!1 T S (tgserwir SurveyName Lots & Longs Weather Site Photo # of Photos Animals 0 D P &Arecords A =4 PondTurtleTraps 0 D Temperaturelogg 0 D Notes test of pond turtle Show All (Show All) End 4 D 3. Latitudes/Longitudes /Elevations: If you have correctly pre - defined the site, the start and end coordinates and elevations for each 250 m segment or central point coordinates and elevations for each polygon will be displayed by the PDA. If you do not have a PDA, enter data by hand in the fields for latitude, longitude, elevation, and datum on your paper data sheet. 6.1.2.1 Weather Data Weather data only need to be recorded once per day. Record the date, weather condition, air and water temperature, wind speed, and any weather notes using the drop down menus. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. At the start of each survey day, start a new "Weather" form and hit "Add ". The data fields at the top of the form relate to where and when. S/19/06 Site Survey Date WthrCond Air Temp, C Water Temp, c 0 Wind Weather Notes Show All End (Show Ail) Sonti go Reservoir 5/19/06 1. Site: Self generating with the Site, Block information. 2. Survey Date: Self generating with the current date and time. 3. Weather Conditions: Select the general sky conditions. The options are: clear or few clouds, partly cloudy or variable, cloudy or overcast, fog, mist or drizzle, showers or light rain, heavy rain, sleet or hail, snow. 4. Air Temperature: Measure air temperature (in degrees Celsius). Record temperature 1 m off the ground in the shade. 5. Water Temperature: Measure water temperature (in degrees Celsius). Place your thermometer 10 cm below the surface of the water (if possible) in an area that is representative of the creek or pond, (i.e., not in a backwater pool or side channel where temperatures would be expected to be warmer). Leave the thermometer under water for a minute or so and record the temperature once the thermometer reading has stabilized. 6. Wind Speed: Report the general wind speed based on the Beauford scale. The options are: <1 mph - calm, smoke rises vertically; 2 -3 mph - light air movement, smoke drifts; 10 DRAFT 4 -7 mph - light breeze; 8 -12 mph - gentle breeze leaves /small twigs in constant motion, raises dust; 13-18 mph - moderate breeze, small branches move; 19-24 mph - fresh breeze, small trees begin to sway; 2531 mph - strong breeze, large branches move; 32-38 mph - near gale, large trees begin to sway, noticeably difficult to walk; >39 mph - gale and above; and no data. 7. Weather Notes: Enter any additional relevant weather information here (i.e., if there were any changes in the weather patterns such as rain during the middle of the survey). 8. Show All: The show all button brings up additional fields that are not required for this protocol. Ask your project lead if you need to record any additional data for your specific project. Hit "End" and "Done" to close out the "Weather" form and continue the "SiteVisit" form. 4. Site Photo: Yes /No. Indicate whether or not a photo was taken of the study site. Photo should be taken facing upstream at the beginning of each 250 m segment of stream or facing the pond. a) Number of Photos: If photos were taken of the site, enter in the number of photos taken. You can also enter the names displayed on the LCD monitor by the digital photos generated by the digital camera. This will later help identify the correct photos for the respective survey sites. 6.1.2.2 Setting Pond Turtle Traps Traps should be placed in areas known or thought to be used by pond turtles; areas of slow moving water with basking areas such as rocks, downed logs, and emergent vegetation or areas with underwater refugia. Once you have determined a trap location and the type of trap that will work the best, the trap can be deployed. If the surrounding habitat prevents the traps from being set from the shore a water craft may be required. Attach the PVC pipes perpendicular to the floats. Puncture the can of bait and hang it in the trap using a carabineer (the carabineer can be hooked through the netting of the trap and the tab on the bait can). If using a hoop trap, place the bait near the trap opening (Figure 4) on the side to which the float is attached. If using box traps, attach the bait with a zip tie or carabineer to the top, center of the trap. You may have to adjust the position of the bait to make sure it is submersed in the water. Now that the trap is set, the following data need to be recorded; trap type, trap number, and coordinates. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. The following fields appear when you select the "PondTurtleTraps" form and hit "Add ". Record all of the site information (described above). 1. Trap Name: Self generating with the unique identifier for the trap. 2. Trap Type: Select the type of trap that was set. The options are: Box, Hoop_1.5_fingered, Hoop_2.5_fingered, Hoop_2.5_flat, and Minnow. Selecting a trap type will affect the drop down list which appears under Trap Number. 3. Trap Number: Select from the drop down the trap number. The trap number is attached to the trap. 11 Trap Name Trap Type Trap Number Lat /Long Dote /Time Trap 5 Date /Time Trap P Elapsed Hours Trap Comments: ( End ) 2,5antiag9 Rgsery !14i R..? $ flat v .1 4 5// 5:25 pm - No Date - DRAFT 4. Latitude/Longitude /Elevation: Select Lat/Long field and hit "GPS Grab" in the form that pops up. This will generate your GPS location, elevation, estimated positioning error (EPE) and datum for where you are setting the trap. Make sure your GPS is connected to your PDA. If you do not have a GPS cable to connect to your PDA you may enter data by hand in the fields for lat, long, elevation, EPE, and datum. 5. Date/Time Trap Set: Self generating. 6. Date/Time Trap Pulled: Ignore until the traps are closed. 7. Elapsed Hours Trap Effort: Self generating once the Date/Time Trap Pulled is filled out. 8. Comments: Enter any additional information pertaining to the trap. Continue to "Add" traps into the "PondTurtleTrap" form until all turtle traps are deployed. 6.1.2.3 Setting Minnow Traps Minnow traps need to be set to aid in detecting small turtles as well as small fish, amphibians, and amphibian larvae. Set one minnow trap per every ten turtle traps in the same body of water. If turtle traps are set in different bodies of water within a site, set a minnow trap in each body of water at the same 1:10 ratio. Minnow trap information needs to be recorded the same way you record the pond turtle traps (refer to section 6.1.2.2). Once all traps have been set, hit "Done" to return to the "SiteVisit" form. 6.1.2.4 Setting Temperature Loggers A minimum of two temperature loggers should be deployed at each site, one to record the air temperature and one to record the water temperature. Depending on the size of the site you may want to deploy additional loggers. Data loggers are usually deployed at the center of the site or at the start and end of the survey site. Once a logger has been set, data about the logger need to be recorded including; logger type, logger number, coordinates, and a start time. Data fields are presented in the digital PDA forms format. The following fields appear when you select the "TemperatureLogger" form and hit "Add ". Fill out the form with all of the site information (described above). 1. Logger Type: Select the type of logger that was set. The options are: Hobo, Tidbit, or iButton. 2. Logger Number: Each logger has a unique identification number on the logger. Record that number. 3. Latitude /Longitude/Elevation: Select Lat/Long field and hit "GPS Grab" in the form that pops up. This will generate your GPS location, elevation, estimated positioning error (EPE) and datum for where you are recording water temperature data. Make sure your GPS is connected to your PDA. If you do not have a GPS cable to connect to your PDA you may enter data by hand in the fields for lat, long, elevation, EPE, and datum. 4. Start Time: Record the start date and time the logger was set. 5. End Time: Ignore this field until the temperature logger is removed from the site. Continue to "Add" loggers until all temperature loggers are accounted for. 12 Logger Type Logger # Lat /Long Start Time End Time End iHobo 5/18/06 5:25 pm 5/18/06 6:23 pm DRAFT The opening day turtle trapping survey is complete. Make sure you have recorded all visual species encounters, traps, temperature loggers and weather record then back -up your PDA. 6.2 Checking the Traps For the next two to three days you will be checking the traps. Navigate to the start site (refer to sections 5.5). Once you are at the first trap site, initial data need to be recorded including weather. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. Open the "StreamSurvey" form that was created on the opening day and fill out the following fields. 6.2.1 Initial Survey Data 1. Survey ID: Self generating with a unique survey identification number. 2. Name: Self generating, with the date and survey type. 3. Project: Ignore this field; it was completed on opening day of turtle trapping. 4. Observer: Record the names of each person on the survey if different then the prior day. a) Observer ID #: Select the observer from the drop down menu; if the name does not appear in the list write the name in. b) Observer Order: Self generating field. c) Task: Select from the drop down menu the task each observer will do in the field. The options are; Both Observer/Recorder, Observer, Recorder, and Processor. d) Note: Enter any additional relevant information about the observer. 5. Site Visit: Ignore this field. 6. Notes: Enter any additional relevant information about the site. 6.2.2 Weather Data Weather data only need to be recorded once per day. Record the date, weather condition, air and water temperature, wind speed, and any weather notes using the drop down menus. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. At the start of each survey day, start a new "Weather" form and hit "Add ". The data fields at the top of the form relate to where and when. 1. Site: The user must select which site to associate the weather data. A dropdown list of the sites entered on opening day will appear. 2. Survey Date: Self generating with the current date and time. 3. Weather Conditions: Select the general sky conditions. The options are: clear or few clouds, partly cloudy or variable, cloudy or overcast, fog, mist or drizzle, showers or light rain, heavy rain, sleet or hail, snow. 4. Air Temperature: Measure air temperature (in degrees Celsius). Record the temperature 1 m off the ground in the shade. 5. Water Temperature: Measure water temperature (in degrees Celsius). Place your thermometer 10 cm below the surface of the water (if possible) in an area that is representative of the creek or pond, (i.e., not in a backwater pool or side channel where 13 temperatures would be expected to be warmer). Leave the thermometer under water for a minute or so and record the temperature once the thermometer reading has stabilized. 6. Wind Speed: Report the general wind speed based on the Beauford scale. The options are: <1 mph - calm, smoke rises vertically; 2 -3 mph - Iight air movement, smoke drifts; 4 -7 mph - light breeze; 8 -12 mph - gentle breeze leaves /small twigs in constant motion, raises dust; 13-18 mph - moderate breeze, small branches move; 19-24 mph - fresh breeze, small trees begin to sway; 25 -31 mph - strong breeze, large branches move; 32-38 mph - near gale, large trees begin to sway, noticeably difficult to walk; >39 mph - gale and above; and no data. 7. Weather Notes: Enter any additional relevant weather information here (i.e., if there were any changes in the weather patterns such as rain during the middle of the survey). 8. Show All: The show all button brings up additional fields that are not required for this protocol. Ask your project lead if you need to record any additional data for your specific project. DRAFT Hit "End" then "Done" to return to the main page. Now you can start checking traps. An animal record needs to be recorded for each trap, even if no animals were captured in the trap. If no animals are in the trap a "none" record needs to be recorded to account for negative data (directions below). 6.2.3 Species Data 6.2.3.1 Non -turtle Animal Records Every animal captured in a trap needs to be recorded. Take a photo and record the trap in which the animal was captured, species, age class, and disposition in the "Species Data" form. If several animals of the same species are captured (excluding turtles), in the same trap, you do not need to make a separate record for each individual. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. The following fields appear when you select "Species Data" and hit "Add" in the form with all of the site information (described above). 1. Animal Record ID: Self generating with the unique identifier for the animal. 2. Observation Method: Select the method of observation. The options are: Audio, Hand Capture, Trap, or Visual. 3. Site: This field appears after you have selected "Audio ", "Hand Capture ", or "Visual" as your observation method. Click on the blank line next to this field and chose your site from the drop down list. 4. Trap Name: This field appears if you selected "Trap" as your observation method. Select from the drop down menu the number on the trap. If the number of the trap is not being displayed, select "Trap Number" as the data field to be displayed in the right hand column of the drop down list. 5. Type: Select from the drop down menu whether the animal is a fish, frog, turtle, bird, invertebrate, etc. 14 Animal Record ID4UCCC6-98 -1 Observation Meth Yisugi Site Santiago Reservoir Species G 9 F Lot /Long Age Disposition Photo Location within hob D Animal Behavior Notes est of pond turtle End Gtric i ■N ©O 111© DRAFT 6. Species: Record all species captured and record each visually encountered species the first time it is seen during each trapping day within each 250 m segment or polygon. 7. Lat/Long: This field appears if you have selected "Audio ", "Hand Capture ", or "Visual" for your observation method. Perform a GPS grab. 8. Age: Select from the drop down menu the appropriate age class. The options are: Adult, Juvenile, Metamorph, Tadpole, 2 " Year Tadpole, and Hatchling. 9. Swab: This field shows up if you chose "Frog" from the species list. Ask your project lead if you need to use this field. 10. Disposition: Select the checkbox according to if the animal was Released (R), Dead (D), Escaped (E), or Collected (C). 11. Photo: Select Yes (Y) if you took a photo of the animal or No (N) if you did not. a. Number of Photos: If photos were taken of the animal, enter in the number of photos taken. 12. Location Within Habitat: Select from the drop down menu the location within the habitat in which the animal was found. The options are pool, run, riffle, bank, upland, splashzone, and other. If you choose "Other" please indicate what that is. 13. Animal Behavior: Select from the drop down menu any behaviors you observed the individual doing. The options are calling, basking, foraging, mating, hiding, and other. If you choose "Other" please indicate what that is. 14. Notes: Record any pertinent information that does not fit into one of the other data fields. 15. Show All: The show all button brings up additional fields that are not required for the visual survey protocol. Ask your project lead if you need to record any additional data for your specific project. If no animals were captured at a trap enter the "Type" as None and the "Species" as None. When multiple animals of the same species and age class are captured in the same trap (excluding turtles), create one "Species Data" record, hit "Show all ", then record the "Total Count ". 6.2.3.2 Non - native Turtle Animal Records In addition to the information recorded for non - turtle species, you need to record the carapace length, weight, notch the shell and recaptured status. A "Species Data" record needs to be created for each turtle captured. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. Non -native turtles should be removed from the field. Local turtle clubs often accept donated animals and educate the public regarding the issues with releasing exotics into natural environments. Check with project lead for instructions on turtle removal. The following fields are the fields that will appear in the "Species Data" form when a turtle is selected as the "Type ". 1. Animal Record ID: Self generating with the unique identifier for the animal. 2. Observation Method: Select the method of observation. The options are: Audio, Hand Capture, Trap, or Visual. 3. Site: This field appears after you have selected "Audio ", "Hand Capture", or "Visual" as your observation method. Click on the blank line next to this field and chose your site from the drop down list. 15 DRAFT 4. Trap Name: This field appears if you selected "Trap" as your observation method. Select from the drop down menu the number on the trap. 5. Type: Select turtle from the drop down menu. 6. Species: Record all turtle species captured and record each visually encountered species the first time it is seen during each trapping day. 7. Lat/Long: This field appears if you have selected "Audio ", "Hand Capture ", or "Visual" for your observation method. Perform a GPS grab. 8. Age: Select from the drop down menu the appropriate age class. The options are: Adult, Juvenile, Metamorph, Tadpole, 2 " Year Tadpole, and Hatchling. 9. Sex: Select Male (M), Female (F), Unknown (U), or Not Checked (X) as appropriate. 10. Length (mm): This is the carapace length for turtles or the snout -to -vent length for other herpetofauna in mm. This is the only measurement required by this protocol and is used to estimate age in turtles. For turtles, this measurement is taken with calipers along the midline of the carapace (Figure 8). Small dial calipers work well for small turtles (most pond turtles). Large slide calipers are best for large turtles. For other herpetofauna this measurement is taken from the tip of the nose to the cloaca using a measuring tape or ruler. Figure 8. Using large calipers to measure the carapace length of a red -eared slider (Trachemys scripta elegans). 11. Notched: Select Yes (Y) or No (N). Indicate whether the plastron is already notched or if you notched the plastron by filing a single triangular notch on the right femoral scute (Figure 9). This notch will indicate that the turtle has been captured by someone using this protocol in the past. Since we are removing non - native turtles from the site, we want to know if turtles put u. for ado.tion are bein: re- released. Figure 9. Notch in right femoral scute of a pond turtle. 12. Disposition: Select the checkbox according to weather your animal was Released (R), Dead (D), Escaped (E), or Collected (C). 13. Tissue: Choose Yes (Y), No (N), or Unknown (U) by checking the appropriate box. 14. Photo: Select Yes (Y) if you took a photo of the animal or No (N) if you did not. 16 DRAFT b. Number of Photos: If photos were taken of the animal, enter in the number of photos taken. All turtles captured should have three photos taken; the top of the carapace, the plastron, and the head. 15. Location Within Habitat: Select from the drop down menu the location within the habitat in which the animal was found. The options are pool, run, riffle, bank, upland, splashzone, and other. If you choose "Other" please indicate what that is. 16. Animal Behavior: Select from the drop down menu any behaviors you observed the individual doing. The options are calling, basking, foraging, mating, hiding, and other. If you choose "Other" please indicate what that is. 17. Notes: Record any pertinent information that does not fit into one of the other data fields. 18. Show All: The show all button brings up additional fields that are not required for the visual survey protocol. Ask your project lead if you need to record any additional data for your specific project. 6.2.3.3 Pond Turtle Animal Records In addition to the information recorded for non - native turtle species you need to record the carapace width and height, plastron length, weight, PIT tag, and take tissue. Carapace width and height, plastron length, pit - tagging and tissue collection are optional. Check with the individual project lead for instruction on the processing techniques you will be using. The following fields will appear in the "Species Data" form when a pond turtle is selected. 1. Animal Record ID: Self generating with the unique identifier for the animal. 2. Observation Method: Select the method of observation. The options are: Audio, Hand Capture, Trap, or Visual. 3. Site: This field appears after you have selected "Audio ", "Hand Capture ", or "Visual" as your observation method. Click on the blank line next to this field and chose your site from the drop down list. 4. Trap Name: This field appears if you selected "Trap" as your observation method. Select from the drop down menu the number on the trap. 5. Type: Select turtle from the drop down menu. 6. Species: Record all pond turtles captured and record each visually encountered species the first time it is seen during each trapping day. 7. Lat/Long: This field appears if you have selected "Audio ", "Hand Capture ", or "Visual" for your observation method. Perform a GPS grab. 8. Age: Select from the drop down menu the appropriate age class. The options are: Adult, Juvenile, Metamorph, Tadpole, 2n Year Tadpole, and Hatchling. 9. Sex: Select Male (M), Female (F), Unknown (U), or Not Checked (X) as appropriate. 10. Length (mm): This is the carapace length for turtles in mm. This is the only measurement required by this protocol and is used to estimate age in turtles. For turtles, this measurement is taken with calipers along the midline of the carapace (Figure 8). Small dial calipers work well for small turtles (most pond turtles). Large slide calipers are best for large turtles. 11. Carapace Width: This measurement is taken on the widest part of the carapace, usually between the eighth and ninth marginal scutes. This measurement is taken with calipers and recorded in mm (Figure 10). Small dial calipers work well for small turtles (most pond turtles). Large slide calipers are best for large turtles. 17 DRAFT Figure 10. Using large calipers to measure the carapace width of a red -eared slider (Trachemys scripta elegans). 12. Carapace Height: This measurement is taken between the lowest and the highest points of the turtle with calipers and recorded in mm (Figure 11). Small dial calipers work well for small turtles (most pond turtles). Large slide calipers are best for large turtles. Figure 11. Using large calipers to measure the carapace height of a red -eared slider (Trachemys scripta elegans). 13. Plastron Length (mm): This measurement is taken with calipers along the midline of the plastron (Figure 12). Small dial calipers work well for small turtles (most pond turtles). Large slide calipers are best for large turtles. 18 DRAFT Figure 12. Using large calipers to measure the plastron length of a red -eared slider (Trachemys scripta elegans). 14. Weight (g): Weight can be taken by placing the animal into a plastic resalable bag or for large animals, a snake bag or pillow -case, and clipping the bag to a Peso la spring scale (Figure 13). First tare the bag to the scale. This means that you will be adjusting the scale to account for the weight of the bag so only the weight of the animal is measured. Be sure the animal is motionless before trying to read the scale. Figure 13. Weighing a red -eared slider using a Peso la spring scale. 15. Recap: Select Yes (Y), No (N), Unknown (U) or Not Checked (X). All captured turtles should be scanned with a PIT -tag reader and checked for notches on the carapace or plastron. The reader should be used to scan all around the body cavity, focusing on the areas anterior to the rear legs and scanning both sides of the shell. It may take multiple scans from the reader to detect and read a PIT -tag. If turtles are captured in an area previously surveyed by USGS, check for a notch on the right femoral scute (Figure 9). This scute is notched by USGS to indicate the turtle is a recap in the case that a PIT -tag 19 DRAFT has failed or been expelled. See below for more information on PIT -tags and plastron notching. 16. ID Number: All pond turtles should be tagged with a PIT tag, encoded with a unique identification number. The PIT tag is inserted inside the body cavity anterior to the rear right leg following methods of Rathbun et al. (1993) and Buhlmann & Tuberville (1998). If this is a recapture, enter the number in this field as well. 17. Notched: Select Yes (Y) or No (N). Indicate whether the turtle's plastron has been marked or will be marked with a single triangular notch on the right femoral scute (Figure 9) indicating that the turtle has been PIT tagged. This combined with PIT tagging will assist in future recognition of individual turtles. 18. Shell Damage: Select Yes (Y) or No (N). If yes is selected enter the following information: a. Type of Shell Damage: Describe the severity and location of any shell damage, see Figures 14 & 15. bridge Figure 14. Pond turtle shield names; Abdominal (A), Anal (AN), Costal (C), Femoral (F), Gular (G), Humeral (H), Marginal (M), Nuchal (N), Pectoral (P), Vertebral (V), and the bridge is the connection point of the carapace with the plastron. 19. Other ID Markings: This is the unique identification number given to turtles by notching the marginal scutes of the carapace (Figures 15 & 16). This method is not used by USGS. Check with landowners /regulatory agencies before initiating a trapping survey to determine if pond turtles have been previously captured and marked in the area. Figure 15. Pond turtle with notched marginal scutes. Example of marginal scute numbering scheme. 20 6.3 Closing Day of Trapping Surveys DRAFT Figure 16. Pond turtle with notched marginal scutes 20. Disposition: Select the checkbox according to if the animal Escaped (E), or Collected (C). 21. Tissue: Select Yes (Y), No (N) or Unknown (U) indicating that a tissue sample was collected. A small (approximately 3 -5 mm) tissue sample from the tip of the tail should be collected and stored in 95% ethanol. This can later be used in genetic analysis. Tail tips should not be taken from animals with damaged tail tips or turtles that have been previously sampled for tissue. 22. Photo: Select Yes (Y) if you took a photo of the animal or No (N) if you did not. a. Number of Photos: If photos were taken of the animal, enter in the number of photos taken. All turtles captured should have three photos taken; the top of the carapace, the plastron, and the head. 23. Notes: Record any pertinent information that does not fit into one of the other data fields including information regarding any trauma, disease, or deformities. 24. Show All: The show all button brings up additional fields that are not required for the visual survey protocol. Ask your project lead if you need to record any additional data for your specific project. Once all animals have been recorded, hit "End" then "Done" to close out the "Species Data" form. At the end of each day, make sure to back up the PDA. 6.3.1 Closing Pond Turtle Traps On the last day of trapping, once a trap has been checked and all animal captures recorded (refer to section 6.2), the trap is removed and broken down. When a trap is removed, the Date/Time Pulled needs to be recorded. Data fields are presented in the digital PDA forms format. If using 21 was Released (R), Dead (D), Animal Record IDoleCC6 -98 -4 Observation Meth Irgp Trap Name 2.,,.SentiagoRgfery Species Age i Sex Ln, mm Carapace Width (m Carapace Height ( Plastron Length ( ,. . ... .... ......... .._.- Weight, g ■ETtMILIUM End t @ R O E Repeat section 6.3.1 for every trap removed. DRAFT paper data forms, you will be recording these data fields manually. The following fields need to be completed by entering the "SiteVisit" form. Select the appropriate site name. Within this site, select the " PondTurtleTraps" form and select the trap you are removing. 1. Trap Name: Self generating with the unique identifier for the trap. 2. Trap Type: Field already completed. 3. Trap Number: Make sure the record selected corresponds to the trap being removed. 4. Latitude /Longitude/Elevation: Field already completed. 5. Date/Time Trap Set: Field already completed. 6. Date/Time Trap Pulled: Record the date and time the trap was pulled. If you select "Today" on the calendar page, the date and time will fill in automatically. 7. Elapsed Hours Trap Effort: Self generating once the Date /Time Trap Pulled is filled out. 8. ,Comments: Enter any additional information pertaining to the trap. 6.3.2 Closing Minnow Traps The minnow traps also need to be closed and the Date/Time Trap Pulled needs to be recorded the same as in section 6.3.1. Repeat section 6.3.1 for every trap removed. Once all traps have been closed, hit "End" then "Done" to close out the "PondTurtleTraps" form to return to the "SiteVisit" form. 6.3.3 Closing Temperature Loggers After all the traps have been checked and removed the data loggers need to be removed. When a logger is removed the End Date /Time needs to be recorded. Data fields are presented in the digital PDA forms format. If using paper data forms, you will be recording these data fields manually. The following fields need to be completed with all of the site information (described above) when you select "TemperatureLoggers" form. Select the "Logger #" that is being removed. 1. Logger Type: Field already complete. 2. Logger Number: Make sure the temperature logger record selected corresponds to the logger being removed. 3. Latitude /Longitude /Elevation: Field already complete. 4. Start Time: Field already complete. 5. End Time: Record the end date and time the logger was removed. If you select "Today" on the calendar page, the date and time will fill in automatically. Repeat section 6.3.3 for every logger removed. Once all loggers have been removed, hit "End" then "Done" to close out the "TemperatureLoggers" form to return to the "SiteVisit" form. Once all traps and loggers have been removed, make sure to back up the PDA. 22 DRAFT 7.0 POST- SURVEY PROCEDURES When you are finished with your field survey there are several post survey procedures that must be completed to 1) prevent the spread of biological pathogens and 2) to ensure that your data are correct and can be read by anyone requesting it. 1. Immediately after returning from the field, all equipment coming in contact with water or mud (i.e., boots, dip nets, seine nets, plastic specimen containers) must be thoroughly disinfected in a 16:1 water/bleach solution to prevent moving pathogens between study sites. Turtle traps can be soaked in the solution in a plastic child's pool or large garbage can. Traps can also be sprayed down with a higher concentration of bleach (using a spray bottle) and rinsed with a hose after a few minutes. The traps should then be placed in the sun to dry; see U. S. Geological Survey (2006c) Module 1. 2. Review and check the quality assurance /quality control (QA /QC) of the data from your surveys. Correct any mistakes. 3. Enter data into the USGS database. (This entails hotsyncing your PDA or hand entering data from your paper form). 4. Label photographs and send to project lead. 5. Get positive species identifications from experts if needed. 6. Make sure pH, conductivity and DO meters are calibrated and properly stored; see U. S. Geological Survey (2006c) Modules 10 - 13. 23 LITERATURE CITED DRAFT Ashton, D. T., K. E. Schlick, N. E. Karraker, D. A. Reese, A. J. Lind, and H. H. Welsh. 2001. Ecology and sampling methods for the western pond turtle. USDA Forest Service, Redwood Sciences Laboratory, Arcata, CA. 60 pp. Brattstrom, B. H. 1988. Habitat destruction in California with special reference to Clemmys marmorata: A perspective. In DeLisle et al. (Eds.), Proceedings of the Conference California Herpetological (pp 13 -22). Southwestern Herpetological Society. Brattstrom, B. H. and D. F. Messer. 1988. Current status of the southwestern pond turtle, Clemmys marmorata pallida, in southern California. Final report to California Department of Fish and Game. Contract C -2044. Sacramento, CA. 62 pp. Buhlmann, K. A. and T. D. Tuberville. 1998. Use of passive integrated transponder (PIT) tags for marking small freshwater turtles. Chelonian Conservation and Biology 3:102 -104. Bury, R. B. (in press). Clemmys marmorata (Baird and Girard, 1852) western pond turtle. In P.C.H. Pritchard and A.G.J. Rhodin (Eds.), The Conservation Biology of Freshwater Turtles. Chelonian Research Foundation, Lunenburg, MA. Bury, R. B., C. Barkhurst, R. Horn, L. Todd, S. Wray, R. Goggans, K. Beal, and N. Sisk. 2001. Western pond turtle: Survey protocol and monitoring plan to append to conservation strategy. Draft report of the Interagency Western Pond Turtle Working Group. 29 pp. Buskirk, J. 2002. The western pond turtle, Emys marmorata. Radiata 11:3 -30. Conant, R. and J. T. Collins. 1998. A Field Guide to Reptiles and Amphibians of Eastern and Central North America. Houghton Mifflin Company, Boston, MA. Ernst, C. H., J. E. Lovich, and R. W. Barbour. 1994. Turtles of the United States and Canada. Smithsonian Institution Press, Washington and London. 578 pp. Goodman, R. H., Jr. 1997a. The biology of the southwestern pond turtle (Clemmys marmorata pallida) in the Chino Hills State Park and the West Fork of the San Gabriel River. Master's Thesis, California State Polytechnic University, Pomona, CA. 81pp. Goodman, R. H., Jr. 1997b. The occurrence of double clutching in the southwestern pond turtle Clemmys marmorata pallida, in the Los Angeles Basin. Chelonian Conservation and Biology 2:419 -420. Hays, D. W., K. R. McAllister, S. A. Richardson, and D. W. Stinson. 1999. Washington State recovery plan for the western pond turtle. Washington Department of Fish and Wildlife, Olympia, WA. 66 pp. 24 DRAFT Holland, D. 1991. A synopsis of the ecology and status of the western pond turtle (Clemmys marmorata) in 1991. Report to National Ecological Research Center. United States Fish and Wildlife Service, San Simeon, CA. 38 pp. Holland, D. C. 1992. Level and pattern in morphological variation: A phylogeographic study of the western pond turtle Clemmys marmorata in Oregon. PhD dissertation, University of Southwestern Louisiana, Lafayette, LA. 124 pp. Holland, D. C. 1994. The western pond turtle: Habitat and history. Final report to U. S. Department of Energy, Bonneville Power Administration, Portland, OR. 303 pp. Jennings, M. R. and M. P. Hayes. 1994. Amphibian and reptile species of special concern in California. Report prepared for California Department of Fish and Game, Rancho Cordova, CA. 255 pp. Lovich, J. and K. Meyer. 2002. The western pond turtle (Clemmys marmorata) in the Mojave River, California, USA: Highly adapted survivor or tenuous relict? Journal of Zoology of London 256:537 -545. MacKenzie, D. I., J. D. Nichols, G. B. Lachman, S. Droege, J. A. Rooyle and C. A. Langtimm. 2002. Estimating site occupancy when detection probabilities are less than one. Ecology 83(8):2248 -2255. MacKenzie, D. I., J. D. Nichols, J. E. Hines, M. G. Knutson, and A. B. Franklin. 2003. Estimating site occupancy, colonization, and local extinction when a species is detected imperfectly. Ecology 84(8):2200 -2207. McAllister, K. R., K. Slavens, and F. Slavens. 1996. Western pond turtle captive breeding and reintroduction, 1990 -1996. Washington Department of Fish and Wildlife. 15 pp. McGinnis, S. M. 1984. Freshwater Fishes of California. University of California Press, Ltd. London. 316 pp. Oakley, K. L., L. P. Thomas, and S. G. Fancy. 2003. Guidelines for long -term monitoring protocols. The Wildlife Society Bulletin 31(4):1000 -1003. Pires, M. N. 2001. Allocation of reproductive output in the western pond turtle (Clemmys marmorata) in southern California. Master's Thesis, California State Polytechnic University, Pomona, CA. 62 pp. Rathbun, G. B., N. R. Seipel, and D. C. Holland. 1992. Nesting behavior and movements of western pond turtles, Clemmys marmorata. Southwestern Naturalist 37:319 -24. Rathbun, G. B., M. R. Jennings, T. G. Murphey, and N. R. Seipel. 1993. Status and ecology of sensitive aquatic vertebrates in lower San Simeon and Pico Creeks, San Luis Obispo County, California. Unpublished report to National Ecology Research Center, Piedras Blancas Research Station, San Simeon, CA, 93452 -0070. Cooperative Agreement 14 -16- 0009 -91 -1909. 103 pp. 25 DRAFT Rathbun, G. B., N. J. Scott Jr., and, T. G. Murphy. 2002. Terrestrial habitat use by Pacific pond turtles in a Mediterranean climate. The Southwestern Naturalist 47:225 -235. Reese, D. A. 1996. Comparative demography and habitat use of western pond turtles in northern California: The effects of damming and related habitat alterations. PhD dissertation, University of California Berkeley, Berkeley, CA. 253 pp. Reese, D. A. and H. H. Welsh. 1997. Use of terrestrial habitat by western pond turtles, Clemmys marmorata: Implications for management. In J. Van Abbema (Ed.), Proceedings: Conservation, Restoration and Management of Tortoises and Turtles - an International Conference (pp. 352 -357). State University of New York, Purchase, NY. Reese, D. A. and H. H. Welsh, Jr. 1998a. Habitat use by western pond turtles in the Trinity River, California. Journal of Wildlife Management 62:842 -853. Reese, D. A. and H. H. Welsh, Jr. 1998b. Comparative demography of Clemmys marmorata populations in the Trinity River of California in the context of dam - induced alterations. Journal of Herpetology 32:505 -515. Stebbins, R. C. 2003. A Field Guide to Western Reptiles and Amphibians, Third edition. Houghton Mifflin Company, Boston, MA. Storer, T. I. 1930. Notes on the range and life- history of the Pacific fresh -water turtle, Clemmys marmorata. University of California Publications in Zoology 32:429 -441. U. S. Geological Survey. 2006a. Western pond turtle (Emys marmorata) visual survey protocol for the south coast ecoregion. U. S. Geological Survey protocol. San Diego, CA. 56 pp. U. S. Geological Survey. 2006b. USGS aquatic species and habitat assessment protocol for southcoast ecoregion rivers, streams, and creeks. U. S. Geological Survey protocol. San Diego, CA. 24 pp. U. S. Geological Survey. 2006c. USGS vertebrate sampling protocols for basic procedures and equipment use. U. S. Geological Survey protocol. San Diego, CA. 33 pp. 26 Appendix 1: Data definitions. DRAFT Basking Area: Area above the surface of the water where sunny space is available for animals to rest and sun themselves (i.e., rocks, sunny banks). Carapace: The dorsal, convex part of the shell structure of a turtle, consisting of an external layer of horny material, divided into large plates known as scutes, which overlie a layer of interlocking bones. Plastron: The ventral, nearly flat part of the shell structure of a turtle, similar in composition to the carapace; with an external layer of horny material divided into plates called scutes and an underlying layer of interlocking bones. Project Code: A unique alpha- numeric code assigned by USGS BRD, San Diego to each of our projects for the purpose of organizing projects, billing project accounts and retrieving data. Scute: A horny, chitinous, or bony external plate or scale, as on the shell of a turtle. 27 Obsery Method Trap Name (if applicable) Trap Type (if applicable) Trap Number (if applicable) Lat/Long Date/Time Trap Set Date/Time Trap Pulled Elapsed Hours audio /hand /trap /vis n Y A.J,Mm,L1,L2,H.Em.0 R D E audio /hand /trap /vis M F U X Y Y N audio /hand /trap /vis N U Y/N Y/N YiN Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N A.J,Mm,L1,L2,H,Em.0 audio /hand /trap /vis D E C M F U X audio /hand /trap /vis Y N Y N U audio /hand /trap /vis A,J,Mm,L112,H,Em,U R D E C M F audio /hand /trap /vis X Y N Y N U audio /hand /trap /vis N A.J.Mm.L1,L2,H,Em,U R D E C audio /hand /trap /vis F U X Y N Y audio /hand /trap /vis U N Y A,J,Mm.L1,L2,H.Em,U R D audiolhand /trap /vis C M F U X Y Y audio /hand /trap /vis Y N U Y N A.J.Mm.L112,H,Em,U Type Species Age Category Disposition Sex Length (mm) Notched Tissue PhotoP"ote n Y A.J,Mm,L1,L2,H.Em.0 R D E C M F U X Y Y N Y N U Y/N Y/N YiN Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N A.J,Mm,L1,L2,H,Em.0 R D E C M F U X Y N Y N U A,J,Mm,L112,H,Em,U R D E C M F U X Y N Y N U Y N A.J.Mm.L1,L2,H,Em,U R D E C M F U X Y N Y N U N Y A,J,Mm.L1,L2,H.Em,U R D E C M F U X Y Y N Y N U Y N A.J.Mm.L112,H,Em,U R D E CM F U X N Y N Y N U A.J,Mm,L1.L2,H,Em,U R D E C M F U X Y N Y N U A.J.Mm,L112,H,Em,U R D E CM F U X Y N Y N U A,J.Mm,L1,L2,H.Em.0 R D E CM F U X Y N Y N U A,J,M m,L1.L2.H.Em,U R 0 E C M F U X Y N Y N U A,J,M m.L1,L2.H,Em,U R D E CM F U X Y N Y N U A,J,M m,L1,L2,H,Em.0 R D E CM F U X Y N Y N U Y/N Carapace Width (mm) Carapace Height (mm) Plastron Length (mm) Weight )g) Shell Damal Type of Shell Damage Other ID Ma kings Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Appendix 2. Paper data form. Turtle: Trapping Survey Form Date Survey Name Survey Completed Project Code Observerl Obsv1 Task observer /recorder /processor Block Survey Type visual /trapping Observer2 Obsv2 Task observer /recorder /processor Site Start Time Observer3 Obsv3 Task observer /recorder /processor Site Photo End Time Observer4 Obsv4 Task observer /recorder /processor # photos Weather: All Animals: 2 3 4 5 6 7 8 9 10 11 12 All Animals (continued), 1 2 3 4 5 6 7 8 9 10 11 12 Additional Fields for Pond Turtles: 1 2 3 4 5 6 7 8 9 10 11 12 Start Lat Start Long Start Efev Datum End Lat End Long End Elev Drainage DRAFT Site Length 28 Y 1 N 1 Y I N I Air Temp ( °C) Water Temp ( °C) Condition clear or few clouds. partly cloudy or variable. cloudy or overcast, fog, mist or drizzle, showers or light rain, heavy rain, sleet or hail, snow, no data Wind Speed <1 calm, 2 -3 light air movement, 4-7 light breeze, 8 -12 gentle breeze. 13 -18 moderate breeze, 19 -24 fresh breeze, 25-31 strong breeze, 32 -38 near gale, >39 gale and above, no data Recapture to # Location Within Habitat Animal Behavior Y N pool. run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank. upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging. mating, hiding, other Y N pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Y N _ pool, run, riffle, bank, upland, splashzone, other calling, basking, foraging, mating, hiding, other Appendix 2. Paper data form (continued). 2 3 4 5 6 7 8 9 10 11 12 Wed Speed Pond Turtle Trap Information: Trap Name Trap Type Trap Number Lat/Long Date/Time Trap Set Date/Time Trap Pulled Elapsed Hours Tem3erature Loggers Form: Logger ID -Rat/Long ID nph 6lydicatr 0 vt calnka eke neatvabcolly 1 2- 3101 ap movement 2 4.7 VW &roe. 3 8.12 gonna broom 4 13.18 modefaL brae. 6 19-24 flesh breeze G 25-31 Prong breeze 7 3238 near gal* 8 >39 gale end above 9 No dab Sky Code ID DoeaipVon 0 Char or tow cloud* 1 Porgy cloudy or variable 2 Cloudy or overcast 3 Fog 4 Nrotor drizzle 6 Shower. or tg 4 rain 6 Heavy fain 7 Slott or hall 8 Snow 9 No dab DRAFT Anna Ado Category A AMC J Juwnje Mtn Mobrmrph 1. Limb H Het ntir9 Em 512grEgg Moe& 29 Notes: Dispoueon R Reesee O Dead E Escape C Coaeetd Yoe N No U Unknown x Not croaked Appendix 3. Additional References and Resources. Contact Information: For questions and comments on this protocol (including additional information, modular protocols, and supplementary materials): scompton @usgs.gov, chitchcock @usgs.gov, abacklin @usgs.gov Additional Reference Material: DRAFT Conant, R. and J. T. Collins. 1998. A Field Guide to Reptiles & Amphibians of Eastern & Central North America. Boston, Massachusetts, Houghton Mifflin Company. Ernst, C. H., J. E. Lovich, and R. W. Barbour. 1994. Turtles of the United States and Canada. Smithsonian Institution Press, Washington and London. 578 pp. Stebbins, R. C., 2003. A Field Guide to Western Reptiles and Amphibians. Boston, Massachusetts, Houghton Mifflin Company. Internet Resources: USGS herp. field guide: http : / /www.werc.usgs.gov /fieldguide California's Plants and Animals: http: / /www.dfg.ca.gov /hcpb /species /species.shtml eNature Wildlife Field Guide: http: / /www.enature.com/home/ Western Pond (Clemmys marmorata) Turtle Library: http: / /www.atlantismagazine .com/bettelheim /marmorata.html 30 TEMECULA COMMUNITY SERVICES DISTRICT 1 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:38 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 15 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who abstained RECOMMENDATION: 15.1 Approve the action minutes of February 8, 2011. 16 Approval of 2010 -11 Mid -Year Budget Adjustments - Approved Staff Recommendation (5 -0 -0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. CSD 11 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2010 -11 ANNUAL OPERATING BUDGETS CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT ACTION MINUTES of FEBRUARY 22, 2011 CSD Action Minutes1022211 1 CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:39 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 8, 2011, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] CSD Action Minutes1022211 2 Jeff Comerchero, President 1 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: March 08, 2011 Approvals City Attorney Director of Finance City Manager Ole-r fie, Oa, SUBJECT: Acceptance of Landscape Bonds and Agreement for Tract Map 34698 - Emery Place II Parkway PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors accept the surety bonds and agreement from the Continental Insurance Company to reconstruct parkway along Date Street between Ynez and Margarita Roads. BACKGROUND: Richmond American Homes will be constructing a 64 unit single — family development, Emery Place II, within Harveston. Emery Place II is located within Tract Map 34698 which is on the north side of Date Street between Ynez and Margarita Roads. The existing perimeter landscaping along Date Street was completed and accepted into the TCSD maintenance program but due to the development of Emery II a change to the parkway will be required. This area has been redesigned and is ready to be constructed. The developer has provided Temecula Community Services District (TCSD) with surety bonds and an agreement to reinstall the landscaping to TCSD's standards. Once the landscaping is installed and the TCSD has approved the landscape improvements, staff will recommend the appropriate release or reduction of the submitted bonds. At that time, TCSD will take over the maintenance responsibilities of the landscaped median improvements. The following is information regarding the bonds provided by Indemnity Company of California: 1. Faithful Performance Bond No. 929516385 - $34,000.00 2. Labor and Materials Bond No. 929516385 - $17,000.00 3. Warranty Bond No. 929516385 - $3.400.00 FISCAL IMPACT: None. The cost of construction for the perimeter slope areas will be borne by the developer. ATTACHMENTS: Vicinity Map Agreement/Bonds Vicinity Map 0 125 250 500 750 1,000 Feet r: \gis\arcmap projects \community services \ParkwayVicinity Smith kb.mxd Parkland /Landscape Date of Agreement: Improvement Agreement January 21, 2011 Name of Subdivider: Richmond American Homes of Maryland, Inc. Address of Subdivider (street): 5171 California Avenue, Suite 120 Address of Subdivider (city, state, zip): Irvine, CA 92617 Contact: Joe Martin Title: Project Manager Phone Number: (949) 467 -2698 or (650) 704 -1873 Fax Number: (949) 467 -2683 Name of Subdivision: Emery Place II Parkway Tract No.: 34698 Parkland /Landscape Improvement Plans No.: (Referred to as "Landscape Improvements ") CSD10 -0010 Estimated Total Cost of Improvements: $34,000.00 Estimated Completion Date: (Referred to as "Completion Date ") January 31, 2012 Name of Surety: The Continental Insurance Company Address of Surety (street): 10375 Park Meadows Drive, Suite 300 Address of Surety (city, state, zip): Littleton, CO 80123 Contact: Kathleen Freund Title: Vice President Phone Number: (303) 308 -4562 Fax Number: (303) 308 -4900 Bond No. Amount Faithful Performance Bond 929516385 $ 34,000.00 Labor and Materials Bond 929516385 $ 17,000.00 Bond for Warranty 929516385 $ 3,400.00 City Of Temecula Community Services Department 41000 Main Street • Mailing Address: P.O. Box 9033 • Temecula, CA 92589 -9033 (951) 694 -6480 • Fax (951) 694.6488 • www.citvoftemecula.orq 1 R: \SMITHBWanet's Stuff\Bonds \Emery Place II Parkway Bonds \Parkland Landscape Agreement.doc This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws.'' B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland /Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland /Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by 2 0: \PROJECT MANAGEMENT\PROJECTS \Emery Pace II at Harveston \Bonds \Parkway Landscape\Emery II Parkland Landscape Agreement.doc Parkland /Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland /Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland /Landscape Improvements within the CITY, The Parkland /Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. 3 O: \PROJECT MANAGEMENT\PROJECTS \Emery Place II at Harveston \Bonds \Parkway Landscape \Emery II Parkland Landscape Agreement.doc As a result, CITY will be damaged to the extent of the cost of installation of the Parkland /Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland /Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Parkland /Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland /Landscape Improvement Work required by this Agreement. In accordance with 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 O: \PROJECT MANAGEMENT\PROJECTS \Emery Place 11 at Harveston \Bonds\Parkway Landscape\Emery 11 Parkland Landscape Agreement.doc with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland /Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -of -way, easements and other interests in real property for construction or installation of the Parkland /Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off -site 5 0: \PROJECT MANAGEMENT\PROJECTS \Emery Place II at Harveston\Bonds \Parkway Landscape \Emery II Parkland Landscape Agreement.doc rights -of -way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland /Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights -of -way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights -of -way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland /Landscape Improvements; and 6 0: \PROJECT MANAGEMENT\PROJECTS \Emery Place II at Harveston \Bonds \Parkway Landscape\Emery II Parkland Landscape Agreement.doc b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland /Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland /Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, 7 O:\PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston \Bonds \Parkway LandscapelEmery 11 Parkland Landscape Agreement.doc altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland /Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. City Council authorizes the Director of Community Services or the Director of Community Services authorized representative to accept the landscaped medians, perimeter slopes, and parks into the Community Services Maintenance System which is funded by the Parks and Lighting Special Tax. b. SUBDIVIDER shall continue to maintain the Parkland /Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the 8 0:1PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston \Bonds \Parkway Landscape\Emery II Parkland Landscape Agreement.doc maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland /Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by Community Services, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland /Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland /Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an 9 0: \PROJECT MANAGEMENTIPROJECTS\Emery Place II at HarvestonlBonds \Parkway Landscape\Emery II Parkland Landscape Agreement.doc amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10 0:\PROJECT MANAOEMENT\PROJECTS\Emery Place II at Harveston \Bonds\Parkway Landscape\Emery 11 Parkland Landscape Agreement.doc 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland /Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland /Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland /Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be 11 0:1PROJECT MANAGEMENT\PROJECTS \Emery Place 11 at Harveston \ Bonds \Parkway Lardscape\Emery II Parkland Landscape Agreement.doc used by CITY for the completion of the Parkland /Landscape Improvements in accordance with the Parkland /Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. 12 0:\PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston\Bonds \Parkway Landscape \Emery II Parkland Landscape Agreement.doc d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland /Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland /Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary 13 O: \PROJECT MANAGEMENT\PROJECTS \Emery Place II at Harveston \Bonds \Parkway Landscape \Emery II Parkland Landscape Agreement doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland /Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 O: \PROJECT MANAGEMENT\PROJECTS \Emery Place 11 at Harveston \Bonds \Parkway Landscape\Emery 11 Parkland Landscape Agreement.doc 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland /Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity /Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland /Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland /Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland /Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland /Landscape Improvements pursuant to the approved Parkland /Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the 15 O:\PROJECT MANAGEMENTPROJECTS\Emery Place 1 at Harveston\Bonds\Parkway Landsoape\Emery 11 Parkland Landscape Agreement.doc particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland /Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph for Parkland /Landscape Improvements shall remain in full force and effect for ten years following the acceptance by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland /Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 16 0:\PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston \Bonds \Parkway LandscapelEmery 11 Parkland Landscape Agreement.doc 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than January 31, 2012 . In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 17 0: \PROJECT MANAGEMENT\PROJECTS \Emery Place II at Harveston \Bonds \Parkway Landscape \Emery 11 Parkland Landscape Agreement.coc 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589 -9033 Notice to SUBDIVIDER: Name /Address: Richmond American Homes of Maryland, Inc. 5171 California Avenue, Suite 120 Irvine, CA 92617 Contact Name: Joe Martin Contact Phone No. (949) 467 -2698 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 18 0:\PROJECT MANAGEMENTIPROJECTSIEmery Place II at Harveston\Bonds\Parkway LandscapelEmery II Parkland Landscape Agreement,doc 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 0:\PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston\Bonds\Parkway Landscape\Emery II Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. TEMECULA COMMUNITY SUBDIVIDER SERVICES DISTRICT BOARD By: By: Name: Vladi it Kytlica Title: Vice President Name: Leonard Miller Title: Reaional President (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) By: Name: Title: ATTEST: By: Susan W. Jones, MMC, City Clerk RECOMMENDED FOR APPROVAL: By: Greg Butler, Director of Public Works By: Herman D. Parker Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 20 0:\PROJECT MANAGEMENT\PROJECTS\Emery Place II at Harveston\Bonds\Parkway Landscape\Emery II Parkland Landscape Agreement.doc CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS COUNTY OF ORANGE On January 21, 2011 before me, Cera Enos, Notary Public, personally appeared Vladimir Kytlica and Leonard Miller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in Ns/tier/their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: September 25, 2014 CERA 0. ENOS Commission # 1905368 Notary Public - California Orange County My Comm. Expires Sep 25, 2014 This area for official notarial seal. TREES 36" BOX 24" BOX 15 GAL SHRUBS 5GAL 1 GAL LAWN HYDROSEED SOIL CLEAR/WEED GRADE/AMEND BARK GROUNDCOVER CONCRETE MOW STRIP TEMPORARY HYDROSEED MIX CONTROL B.P.0 PRESS.REG. R.C.V. NETAFIM API RAINBIRD API API CETC B.VALVE BOWSMITH BOWSMITH RAINBIRD POLYTUBE MICROTUBE STRM RTR 12" RISER SPRAY HEAD RAINBIRD MAIN LATERAL 10 -123 CE.xls 16 STATION 1 INCH l INCH 1 INCH 1- 1 /2INCH PRS REG 3/4 WYE STRNR QUICK COUPLING VALVE END FLUSH CAP END FLUSH CAP W/REMOVABLE CAP 2 INCH 1 -1/2 INCH EMITTER (SB -10 1GPH) EMITTER (SL220 2GPH) RAIN GUAGE 4 PGM PGM 12 PGM 12 RISER 6 POP -UP 4 POP -UP 2 INCH 1 1/2 INCH 1 INCH 2 INCH 1 -1/2 INCH 1 -1/4 INCH 1 INCH 3/4 INCH 1/2 INCH MAINTENANCE DESCRIPTION EXHIBIT A Emery II 10 -123 BUDGET ESTLYIATE QUANTITY 0 EA. 45 EA. 60 EA. 337 EA. 342 EA. 5975 S.F. 12018 S.F. 5975 S.F. 12,018 S.F. 606 0 L.F. 0 S.F. 0 EA. 425.00 0.00 0 EA. 250.00 0.00 0 EA. 65.00 0.00 3 EA. 35.00 105.00 4 EA. 75.00 300.00 12 EA. 12.00 144.00 3 EA. 20.00 60.00 10 EA. 30.00 300.00 0 EA, 3.50 0.00 14 EA. 3.50 49.00 1 EA. 30.00 30.00 0 EA. 25.00 0.00 0 EA. 0.70 0.00 1029 EA. 0.70 720.30 0 EA. 42.00 0.00 0 L.F. 0.80 0.00 0 L.F, 0.04 0.00 0 EA. 16.00 0.00 0 EA. 15.00 0.00 0 EA. 30.00 0.00 0 EA. 6,00 0.00 216 EA. 6.00 1,296.00 0 EA. 4,00 0.00 974 L.F. 2.25 2,191.50 0 L.F. 1.50 0.00 0 L.F. 1.25 0.00 14 L.F. 1.75 24.50 0 L.F. 1.60 0.00 24 L.F. 1.40 33.60 299 L.F 1.20 358.80 1461 L.F. 1.05 1,534.05 1834 L.F. 0.90 1,650.60 IRRIGATION SUBTOTAL 8,797.35 33,943.19 12,018.00 S.F. UNIT PRICE TOTAL 600.00 0.00 225.00 10,125.00 75.00 4,500.00 16.00 5,392.00 5.00 1,710.00 0.10 597.50 0.03 360.54 0.10 597.50 0.15 1,802.70 0.10 60.60 2.95 0.00 0.00 0.00 PLANTING SUBTOTAL 25,145.84 0.015 180.27 PER YEAR 2,163.24 Put todaye date Her Bond no. 929516385 CITY OF TEMECULA PARKLAND /LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Richmond American Homes (hereinafter designated as "Principal ") have entered into an Agreement whereby Principal agrees to install and complete certain parkland improvements, which said Agreement, dated January 21 , 201 1 , and identified as EMERY PLACE II PARKWAY, CSD10 -0010, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and The Continental Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $34,000.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation Is such that the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any judgment rendered. C;Ul sorel aemith WppDatalLocallMlaosoftlWindowe \Temporary Internet FIIeteContentOutlooINC11O1 P388\Emery II Parkland Landscape Faith Pert Bond (2),doc 01/1312011 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 20. 2011 (Seal) The Continental Insurance Company Richmond A er ca i omes of Maryland, Inc. SURETY PRINCIPAL By: By: - Margarita Holguin Attorney -in -Fact (Name) (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney By: (Seal) Vice President (Title) Leonard Miller (Name) Regional President (Title) C:1 Users\ smlthAppDatalLocel WlIcraeoft\WIndowe \Temporary Internet FIIe4Contant .Outlook1XHO1P3881Emery II Parkland Landecape Faith Port Bond (2).doc 01/13/2011 Know AU Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen K Freund, Bridget Y Henry, Shanon S Dom, Margarita Holguin, Individually of Denver, CO, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Iaw and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of October, 2008. Form F6850- 7/2008 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT State of Illinois, County of Cook, ss: On this 15th day of October, 2008, before me personally came Robert M. Mann to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. OFFICIAL SEAL ELIZA PRI NOTARY PUSLIO, S coo a O►= ILLINOIS MY COMMISSION EXPIRES: O111/1T /O8 My Commission Expires September 17, 2009 1, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this R04 day of r " "•• The Continental Insurance Company - In Unlimited Amounts - CERTIFICATE The Continental Insurance Company 4.6-v*4 314.4 Robert M. Mann Senior Vice President Mary A. R kis Assistant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS COUNTY OF ORANGE On January 21, 2011 before me, Cera Enos, Notary Public, personally appeared Vladimir Kytlica and Leonard Miller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +s /are subscribed to the within instrument and acknowledged to me that 41e/she /they executed the same in his/hcr /their authorized capacity(ies) and that by his/#ler /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: September 25, 20j CERA 0. ENOS �� Commission # 1905368 t wk Notary Public - California z z ' Orange County `"" M Comm, Expires Se 25, 2014 This area for official notarial seal. CITY OF TEMECULA PARKLAND /LANDSCAPE LABOR AND MATERIALS BOND Bond no. 929516385 WHEREAS, the City of Temecula, State of California, and Richmond American Homes, (hereinafter designated as "Principal ") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated January 21 , 201 1 and identified as EMERY PLACE II PARKWAY, CSD10 -0010, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, other persons employed In the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $17,000.00, lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, Z: \Treasury\ Surety \DATA\WORD\BONDS\Callrornle - SouthlHarveaton 64 - Emery 11 Parkland Landscape L&M.docPage 1 of 3 including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall In anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. Z:Vrreaeury\Surety \DATA \WORD\BONDS \California - South\Harveston 84 - Emery II Parkland Landscape L &M.docPage 2 of 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 20, 2011 The Continental Insurance Company Richmond Americ Homes of Maryland, Inc. SURETY PRINCIPAL By: By: Margarita Holguin Attomey -in-Fact (Seal) APPROVED AS TO FORM: (Name) (Title) Peter Thorson, City Attorney By: (Seal) V1a i r \JC yt.lica (Name) Vice President (Title) Leonard Miller (Name) Regional President (Title) Z:1 Treasury\ Surety \DATA\WORD\BONDS\CaIHomla - South\Harveston 84 - Emery II Parkland Landscape L &M.docPage 3 of 3 POWER OF ATTORNEY APPOINTING INDIVIDUAI. ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen K Freund, Bridget Y Henry, Shanon S Dom, Margarita Holguin, Individually of Denver, CO, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of October, 2008. Form F6850- 7/2008 OFFICIAL SEAL ELIZA PRICE NOTARY PU8LIt, STATIC OP ILLINOIS MY COMMISSION EXPIRES: OONT/OY My Commission Expires September 17, 2009 - In Unlimited Amounts - CERTIFICATE The Continental Insurance Company 4 . 6_\i44)145,4-2 Robert M. Mann Senior Vice President State of Illinois, County of Cook, ss: On this 15th day of October, 2008, before me personally came Robert M. Mann to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. I, Mary A. Ribikawskis, Assistant Secretary of The Continental insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse he of is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said c insurance company this O.r^ day of 34 (J Q i/ , aOI j • The Continental Insurance Company Assistant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS COUNTY OF ORANGE On ,January 21, 2011 before me, Cera Enos, Notary Public, personally appeared Vladimir Kytlica and Leonard Miller a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within Instrument and acknowledged to me that ►e/rAte /they executed the same in -Wier/their authorized capacity(ies) and that by his/hcr /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: September 25, 2014 CERA D. ENOS Commission # 1905368 Notary Public - California z Orange County My Comm. Expires Sep 25. 2014 t This area for official notarial seal. CITY OF TEMECULA PARKLAND /LANDSCAPE WARRANTY BOND Bond no. 929516385 WHEREAS, the City of Temecula, State of California (hereinafter designated as "City "), and Richmond American Homes (hereinafter designated as "Principal ") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated January 21 , 201 1 , and identified as EMERY PLACE II PARKWAY, CSD10 -0010, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10 %) of the estimated cost of the Improvements; NOW, THEREFORE, we the Principal and The Continental Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $3,400.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all Z:1Treasury\ Surety \DATA \WORDIBONDSICallfornia - South\Harveeton 64 -Emery II Parkland Landscape Warr.docPage 1 of 3 respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terrns of the Agreement or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. Z:1 Treasury\ Surety \DATA \WORDlBONDS \California - South'.Harveston 04 - Emery 11 Parkland Landscape Warr.dccPage 2 of 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 2n , 20 1 (Seal) The Continental Insurance Company SURETY By: , / Margarita Holguin U Attomey -in -Fact (Name) (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney Richmond Ameyi By: By: (Seal) PRINCIPAL Vice President n Homes of Maryland, Inc. Vl imir Kyttica (Name) (Title) Leonard Miller (Name) Regional President (Title) Z:1Treasury \ Surety \DATAWWORDIBONDS \Callfomla - South\Harveaton 64 - Emery 11 Parkland Landscape Warr.docPage 3 of 3 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By Time Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kathleen K Freund, Bridget Y Henry, Shanon S Dom, Margarita Holguin, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer attic insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of October, 2008. Form F6850- 7/2008 OFFICIAL SEAL ELIZA PRICE NOTAMY PU4.IO, NTATa OI ILLINOIS MY COMMISSION eXPIR(:N: O9I17 /00 My Commission Expires September 17, 2009 CERTIFICATE The Continental Insurance Company 4.6-k)44 Robert M. Mann Senior Vice President State of Illinois, County of Cook, ss: On this 15th day of October, 2008, before me personally came Robert M. Mann to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. The Continental Insurance Company 1, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof 1 have hcrcun o subscribed my name and affixed the seal of the said insurance company this QZf�4 day of _�t,t,VV _ UO. V _ _ _ , ao U . Mary A. R kis Assistant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS COUNTY OF ORANGE On January 21, 2011 before me, Cera Enos, Notary Public, personally appeared Vladimir Kytlica and Leonard Miller, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fs /are subscribed to the within instrument and acknowledged to me that he/sl=re /they executed the same in der /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: September 25, 2014 CERA D. ENOS • Commission # 1905368 z Notary Public - California Orange County My Comm Eapires Snp 25.2014 This area for official notarial seal. REDEVELOPMENT AGENCY Item No. 16 ACTION MINUTES of FEBRUARY 22, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:39 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 17 Action Minutes - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Roberts who abstained RECOMMENDATION: 17.1 Approve the action minutes of February 8, 2011. 18 Approval of the 2010 -11 Mid -Year Budget Adjustments - Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11 -02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2010 -11 ANNUAL OPERATING BUDGETS RDA Action Minutes1022211 1 19 Grant Deed for the transfer of Agency owned property known as the Town Square Market Place from the Agency to the City of Temecula - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval RECOMMENDATION: 19.1 Approve the Grant Deed for the transfer of Agency owned property, known as the Town Square Market Place, from the Redevelopment Agency to the City of Temecula. RDA BUSINESS 20 Overview of Temecula Redevelopment Programs and Benefits of Redevelopment to the Community— received and filed RECOMMENDATION: 20.1 Receive and file. The following individuals addressed the Agency Members with regard to this item: • Kenneth Le • Jeff Kurtz RDA PUBLIC HEARING 21 Owner Participation Agreement for a Mixed Use Affordable Housing Development located at 28693 Old Town Front Street (APN: 922 - 046 -010 & 011) - Approved Staff Recommendation (5 -0 -0) Agency Member Washington made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11 -03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE AGENCY AND FRONT STREET PLAZA PARTNERS, INC. FOR PROPERTY LOCATED AT 28693 OLD TOWN FRONT STREET, TEMECULA The following individuals addressed the Agency: • Marc Pascoe - Temecula • Tom Courbat - Murrieta RDA Action Minutes1022211 2 22 Owner Participation and Conditional Grant Agreement between the Redevelopment Agency of the City of Temecula and AMCAL Pujol Fund LP for the development of affordable housing located at 28673, 28681, and 28701 Pujol Street, Temecula, CA (APN: 922 - 062 -003, 004, and 005) - Approved Staff Recommendation (4 -0 -1) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected approval with the exception of Agency Member Edwards who abstained RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. RDA 11 -04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AND CONDITIONAL GRANT AGREEMENT BETWEEN THE AGENCY AND AMCAL PUJOL FUND LP A CALIFORNIA LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT 28673, 28681, 28701 PUJOL STREET, TEMECULA JOINT CITY COUNCIL /REDEVELOPMENT PUBLIC HEARING 23 Funding Agreement ( "Agreement ") between the Redevelopment Agency of the City of Temecula and the City of Temecula for Certain Public Improvements to be owned by the City within the Temecula Redevelopment Agency Project Area RECOMMENDATION: 23.1 Adopt a resolution entitled: - Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Mayor Roberts and electronic vote reflected approval with the exception of Council Member Edwards who abstained RESOLUTION NO. 11 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR THE CITY OF TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE CITY OF TEMECULA FOR CERTAIN PUBLIC IMPROVEMENTS TO BE OWNED BY THE CITY WITHIN THE TEMECULA REDEVELOPMENT PROJECT AREA" RDA Action Minutes1022211 3 23.2 Adopt a resolution entitled: - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Roberts and electronic vote reflected approval with the exception of Agency Member Edwards who abstained RESOLUTION NO. RDA 11 -05 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR THE CITY OF TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE CITY OF TEMECULA FOR CERTAIN PUBLIC IMPROVEMENTS TO BE OWNED BY THE CITY WITHIN THE TEMECULA REDEVELOPMENT PROJECT AREA" Paul Jacobs — Temecula — addressed the Council /Agency with regard to this matter. JOINT CITY COUNCIL /REDEVELOPMENT AGENCY /TEMECULA PUBLIC FINANCING AUTHORITY BUSINESS 24 Issuance of Tax Allocation Bonds by the Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No. 1, Tax Allocation Housing Bonds, 2011 Series A RECOMMENDATION: 24.1 That the City Council adopt a resolution entitled: - Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Mayor Roberts and electronic vote reflected unanimous approval RESOLUTION NO. 11 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA OF 2011 TAX ALLOCATION HOUSING BONDS 24.2 That the Redevelopment Agency adopt a resolution entitled: - Approved Staff Recommendation (5 -0 -0) Agency Member Comerchero made the motion; it was seconded by Agency Member Roberts and electronic vote reflected unanimous approval RESOLUTION NO. RDA 11 -06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE AND SALE OF 2011 TAX ALLOCATION HOUSING BONDS, AND APPROVING RELATED DOCUMENTS AND ACTIONS RDA Action Minutes1022211 4 ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] 24.3 That the Authority adopt a resolution entitled: - Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Chair Person Roberts and electronic vote reflected unanimous approval RESOLUTION NO. TPFA 11 -02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF 2011 TAX ALLOCATION HOUSING BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND APPROVING OTHER MATTERS RELATED THERETO RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 9:21 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 8, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. RDA Action Minutes1022211 5 Michael S. Naggar, Chair Person TEMECULA HOUSING AUTHORITY Item No. 17 PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. THA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA HOUSING AUTHORITY OF THE CITY OF TEMECULA APPROVING CERTAIN ADMINISTRATIVE MATTERS FOR THE WORK OF THE AUTHORITY INCLUDING ESTABLISING REGULAR MEETING DATES AND TIMES, RULES OF PROCEDURE, OFFICERS AND EMPLOYEES, AGREEMENT AUTHORITY, SEAL, SECRETARY OF STATE NOTICE, OFFICE DESIGNATION, PERSONNEL RULES, REGULATIONS AND POLICIES, CONFLICT OF INTEREST CODE, AND REIMBURSEMENT OF COMMISSIONER EXPENSES TEMECULA HOUSING AUTHORITY AGENDA REPORT TO: Executive Director /Authority Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 8, 2011 SUBJECT: Establishing the Temecula Housing Authority Administration BACKGROUND: On February 22, 2011, the City Council adopted resolution No. 11- 22 declaring the need for a Housing Authority in the City of Temecula. The Temecula Housing Authority is required to approve certain administrative matters in order for the Authority to conduct business. The attached Resolution specifically establishes the following Administrative Procedures: 1. Meeting dates, times, location, and procedures 2. Officers and employees 3. Personnel rules, regulations, and policies 4. Selection of chairperson Approvals City Attorney Director of Finance City Manager Sief fie, (10L 5. Agreement authority 6. Official seal 7. Notice to Secretary of State 8. Conflict of interest code 9. Expense reimbursement FISCAL IMPACT: None. ATTACHMENT: Resolution No. THA 11- Section 2. Meetings. RESOLUTION NO. THA 11- A RESOLUTION OF THE TEMECULA HOUSING AUTHORITY APPROVING CERTAIN ADMINISTRATIVE MATTERS FOR THE WORK OF THE AUTHORITY INCLUDING ESTABLISHING REGULAR MEETING DATES AND TIMES, RULES OF PROCEDURE, OFFICERS AND EMPLOYEES, AGREEMENT AUTHORITY, SEAL, SECRETARY OF STATE NOTICE, OFFICE DESIGNATION, PERSONNEL RULES, REGULATIONS AND POLICIES, CONFLICT OF INTEREST CODE, AND REIMBURSEMENT OF COMMISSIONER EXPENSES THE TEMECULA HOUSING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Temecula Housing Authority ( "Authority ") does find, determine and declare as follows: A. On February 22, 2011, the City Council of the City of Temecula adopted Resolution No. 11 -22 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE NEED FOR A HOUSING AUTHORITY IN THE CITY OF TEMECULA AND ACTIVATING THE TEMECULA HOUSING AUTHORITY." B. The Authority now needs to take certain actions relative to its administration of the work of the Authority as set forth in this Resolution. A. The Authority shall be subject to and comply with the requirements of the Ralph M. Brown Act, Government Code Section 54950 et seq. B. Regular meetings of the Authority shall be held on the second and fourth Tuesdays of the month at 7:00 p.m., 5:30 pm for closed sessions, and may be combined with meetings of the City Council of the City of Temecula. C. All meetings of the Authority shall be held at the City Council Chambers at the Temecula City Hall, located at 41000 Main Street, Temecula, California, 92589, unless another temporary meeting location is designated in accordance with the Brown Act. Closed Sessions may be held in other rooms of the Temecula City Hall, unless another temporary meeting location is designated in accordance with the Brown Act. D. All meetings of the Authority shall be conducted in accordance with the provisions of the Brown Act and, unless otherwise specified by an action of the 1 Authority, the ordinances, resolutions and written policies governing the conduct of meetings of the City Council of the City of Temecula. E. Three (3) members of the Authority shall constitute a quorum for the transaction of business. Section 3. Officers and Employees. The officers and employees of the City of Temecula shall be deemed officers and employees of the Authority and shall function on behalf of the Authority in the same capacities as they function on behalf of the City. The City Manager shall be the Executive Director and Secretary of the Authority. The City Attorney shall be the General Counsel of the Authority. The Executive Director may delegate to the City Clerk the duties of the Secretary. Section 4. Personnel Rules, Regulations and Policies. The personnel rules, regulations and policies of the City of Temecula adopted pursuant to chapter 2.60 of the Temecula Municipal Code, as currently exists and as may hereafter be amended, are hereby adopted as the personnel rules, regulations and policies of the Authority. Such rules, regulations and policies are applicable to all Authority employees. Section 5. Selection of Chairperson. The Authority shall select a Chairperson and Vice Chairperson for each calendar year. Section 6. Agreement Authority. A. All agreements on behalf of the Authority shall be signed by the Chairperson or the Executive Director and attested to by the Secretary following approval by the Authority, unless otherwise specified by resolution of the Authority. B. The Executive Director of the Authority is authorized to enter into agreements on behalf of the Authority where the amount of the agreement does not exceed $30,000. Section 7. Seal A. The Authority shall have an Official Seal consisting of two concentric circles with the words "Temecula Housing Authority" within the outer circle and "Formed February 22, 2011" within the inner circle. B. The Secretary shall obtain the Official Seal at the Authority's expense and shall have custody of the Official Seal. Section 8. Notice to Secretary of State. The Secretary is hereby directed to file a notice of formation of the Authority with the Secretary of State of the State of California as required by Government Code Section 53051. Section 9. Office and Mailing Address. The office of the Authority and its official mailing address are hereby fixed and established as: Temecula Housing Authority c/o City of Temecula, 41000 Main Street, Post Office Box 9033, Temecula CA 92589 -9033, Attention Executive Director. Section 10. Conflict of Interest Code. The Conflict of Interest Code of the City of Temecula, as currently exists and as amended, is hereby adopted as the Conflict of Interest Code of the Authority. The jurisdictional boundaries of the Authority are concurrent with those of the City of Temecula. ATTEST: [SEAL] Section 11. Expense Reimbursement. A. Each Commissioner shall receive necessary traveling and subsistence expenses incurred in the discharge of his or her duties. Such expenses shall be paid in accordance with the travel and expense policies adopted for City Council Members by the City Council of the City of Temecula. Section 12. Certification. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Members of the Temecula Housing Authority of the City of Temecula this 8 day of March, 2011. Susan W. Jones, MMC City Clerk /Board Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. THA 11- was duly and regularly adopted by the Board Members of the Temecula Housing Authority of the City of Temecula at a meeting thereof held on the 8th day of March, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk /Board Secretary COUNCIL BUSINESS Item No. 18 PREPARED BY: Betsy Lowrey, Assistant Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: BACKGROUND: RESOLUTION NO. 11- Approvals City Attorney Director of Finance City Manager 7&, 00L CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 8, 2011 SUBJECT: Opposition to Liberty Quarry A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE LIBERTY QUARRY PROJECT PROPOSED WITHIN THE COUNTY OF RIVERSIDE ADJACENT TO THE SOUTHERN BOUNDARIES OF THE CITY OF TEMECULA Granite Construction Company is seeking various approvals from the County of Riverside to operate an open surface mining pit/quarry and related operations within a 414 -acre site adjacent to the City of Temecula southern boundaries ( "Proposed Liberty Quarry Project "). The City of Temecula, including its staff, legal counsel and consulting experts have reviewed the Proposed Liberty Quarry Project and its Draft Environmental Impact Report ( "Draft EIR ") and, on November 23, 2009, submitted substantive comments to the County of Riverside detailing substantial defects, omissions, errors and inadequacies within the Draft EIR and advised that the Draft EIR must be substantially revised and recirculated based upon the various specific defects as well as its overall failure to comply with the requirements of the California Environmental Quality Act. The Riverside County Planning Department recently made the decision not to revise /recirculate the Liberty Quarry Project Draft EIR and, instead, will respond to comments and release the final EIR document at least 10 days prior to the first Planning Commission public hearing which has been scheduled for April 26, 2011. The County of Riverside has established development standards, zoning districts, Multiple Species Habitat Conservation Plan requirements, land use regulations and General Plan requirements that purposefully prohibit mineral extraction in locations that are incompatible with the surroundings and therefore these policies would prohibit the Proposed Liberty Quarry Project, the Reduced Quarry Footprint Alternative, and Reduced Annual Production Alternative identified in the Draft EIR, from being established at the proposed project location. Staff has furthermore determined that such a project is proposed in an incompatible and categorically inappropriate location and will negatively and adversely impact not only the City of Temecula but the region by, among other things, substantially degrading air quality, increasing traffic and transportation impacts, adversely impacting biological and cultural resources, and negatively impacting the economy. Additionally, staff has determined that the Draft EIR prepared for Liberty Quarry provides an inadequate analysis of the project and is deficient as follows: • Fundamentally misleading; • Incomplete; • Fails to discuss all present and future aspects of the Proposed Liberty Quarry Project; • Fails to mitigate the adverse impacts of the project; • Altogether ignores or omits negative impacts; • Provides errors or miscalculations that deceive the reader as to the magnitude of the Project's true negative impacts including, but not limited to, negative air quality and negative traffic impacts to the region; and • Provides information that appears to be advocacy for the project rather than valid independent environmental analysis. FISCAL IMPACT: The Proposed Liberty Quarry Project, if approved by the County of Riverside, will create substantial negative environmental impacts that will have an adverse fiscal impact to the City of Temecula and a negative impact to the region's overall economy. ATTACHMENTS: Resolution RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE LIBERTY QUARRY PROJECT PROPOSED WITHIN THE COUNTY OF RIVERSIDE ADJACENT TO THE SOUTHERN BOUNDARIES OF THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, declare and determine that: A. Granite Construction Company seeks various approvals from the County of Riverside to operate a quarry in a largely pristine and undisturbed area of Southwest Riverside County, adjacent to the City of Temecula. The entitlements sought include a Surface Mining Permit (SMP No. 213), Change of Zone (No. 7508) from Rural Residential (R -R) to Mineral Resources and Related Manufacturing (M -R -A) for 110 acres, and a Noise Ordinance Exception (No. 00002). The proposed project site encompasses 414 acres and is located within Riverside County adjacent to the southern boundaries of the City of Temecula. ( "Proposed Liberty Quarry Project ") B. On or about July 17, 2009, the County of Riverside released Draft Environmental Impact Report No. 475 for the Proposed Liberty Quarry Project. ( "Draft EIR ") C. The City of Temecula reviewed the Proposed Liberty Quarry Project and the Draft EIR. D. On November 23, 2009, the City of Temecula submitted substantive comments to the County of Riverside on the Proposed Liberty Quarry Project Draft EIR detailing substantial defects, omissions, errors and inadequacies within the Draft EIR and advised that the Draft EIR must be substantially revised and recirculated based upon the various specific defects as well as its overall failure to comply with the requirements of the California Environmental Quality Act. E. On or about January 11, 2011, the Riverside County Planning Department informed the City of Temecula of its decision not to recirculate the Liberty Quarry Project Draft EIR and its intention to release responses to comments and the final EIR document at least 10 days prior to a Planning Commission public hearing that is scheduled for April 26, 2011. Section 2. The City Council of the City of Temecula has considered the Proposed Liberty Quarry Project and the Draft EIR and does hereby find, declare and determine that: A. The County of Riverside has established development standards, zoning districts, Multiple Species Habitat Conservation Plan requirements, land use regulations and General Plan requirements that purposefully prohibit mineral extraction in locations that are incompatible with the surroundings and therefore would prohibit the Proposed Liberty Quarry Project, the Reduced Quarry Footprint Alternative, and Reduced Annual Production Alternative identified in the Draft EIR, from being established at the proposed project location. B. The Proposed Liberty Quarry Project, the Reduced Quarry Footprint Alternative, and the Reduced Annual Production Alternative evaluated in the Draft EIR are all in a completely incompatible and inappropriate location and will negatively and adversely impact the region by, among other things, substantially degrading air quality, increasing traffic and transportation impacts, adversely impacting biological and cultural resources, and negatively impacting the economy. C. The Draft EIR is fundamentally misleading, incomplete, fails to discuss all present and future aspects of the Proposed Liberty Quarry Project, fails to mitigate the adverse impacts of the project, altogether ignores or omits negative impacts, provides errors or miscalculations that deceive the reader as to the magnitude of the Project's true negative impacts including, but not limited to the negative air quality and negative traffic impacts to the region, and provides information that appears to be nothing more than advocacy for the project rather than valid independent environmental analysis. The EIR should not be relied upon by the County of Riverside to approve the proposed Liberty Quarry Project. Section 3. The City of Temecula hereby formally opposes the Liberty Quarry Project and any quarry alternative at that particular project site including a Reduced Footprint and Reduced Annual Production Alternatives as identified in the Draft EIR. Section 4. The City of Temecula authorizes its Mayor, Council Members, City Manager and his designees, to communicate the City's opposition to the Proposed Liberty Quarry Project and EIR to all interested or concerned parties or persons including but not limited to the County of Riverside, business groups, and citizens. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8 th day of March, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Ron Roberts, Mayor 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8 th day of March, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk