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032211 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 22, 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 Judy Angle et al. v. City of Temecula, et. aL, Riverside County Superior Court Case No. RIC 535656. 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 plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3. Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for acquisition of the following parcels of real property for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26): A. Real property owned by Riverside County Flood Control and Water Conservation District. The subject real property is a vacant parcel within the floodway of Murrieta Creek and has frontage along Diaz Road in the City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 909-120-016. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. B. Real property owned by Scott Travers. The subject real property is commonly known as 27512 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-019. The negotiating parties are the City of Temecula and Scott Travers. 1 C. Real property owned by Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001 as to an Undivided 55.23% Interest, Robert A. Gurrola, A Married Man as His Sole and Separate Property as to an Undivided 18.57% Interest, Gary S. Gurrola A Single Man as to an Undivided 18.57%, and Richard B. Gurrola II, an Unmarried Man as to an Undivided 7.63%, All as Tenants in common. The subject real property is commonly known as 27495 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-013. The negotiating parties are the City of Temecula and Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001 as to an Undivided 55.23% Interest, Robert A. Gurrola, A Married Man as His Sole and Separate Property as to an Undivided 18.57% Interest, Gary S. Gurrola A Single Man as to an Undivided 18.57%, and Richard B. Gurrola II, an Unmarried Man as to an Undivided 7.63%, All as Tenants in common. D. Real property owned by Donald W. Coop and Jennean Coop, Trustees of the Coop Family Trust ult/d February 2, 2004. The subject real property is commonly known as 27498 Enterprise Circle West, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-020. The negotiating parties are the City of Temecula and Donald W. Coop and Jennean Coop, Trustees of the Coop Family Trust u/t/d February 2, 2004. E. Real property owned by Jim McGill and Terri McGill. The subject real property is commonly known as 27499 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-031. The negotiating parties are the City of Temecula and Jim McGill and Terri McGill." F. Real property owned by Mark McMillin LLC, a California Limited Liability Company. The subject real property is commonly known as 27511 Commerce Center Drive, City of Temecula, California, and is identified as Riverside County Assessor's Parcel Number 921-480-032. The negotiating parties are the City of Temecula and Mark McMillin LLC, a California Limited Liability Company. The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms for the acquisition for each of the parcels. 4. 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. 2 Next in Order: Ordinance: 11-02 Resolution: 11-26 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Taylin Im Invocation: Pastor Felicia Brown of Imani Church of God In Christ Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Christopher GoIlings PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of March 8, 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 Extension of Agreement with Lance, Soll & Lunghard, LLP for Audit Services RECOMMENDATION: 4.1 Approve a two year agreement extension with the City's independent auditor, Lance, Soll & Lunghard, LLP in the amount of $91,720; 4.2 Approve a 10% contingency amount for the two year period in the amount of $9,172; 4.3 Authorize the City Manager and City Attorney to execute all necessary agreements. 5 First Amendment to Agreement for Landscape Plan Check and Inspection Services for fiscal year 2010-2011 RECOMMENDATION: 5.1 Approve a First Amendment to the agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-2011 in the amount of $30,000 for a total agreement of $95,000. 6 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Storm Drain Improvements - Calle Fiesta Storm Drain Extension Project No. PW10-07 RECOMMENDATION: 6.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Storm Drain Improvements, Calle Fiesta Storm Drain Extension Project No. PW10-07. 4 7 Approval of a Reimbursement Agreement with Rancho California Water District for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project - Phase I, Project Number PW07-04 RECOMMENDATION: 7.1 Approve the Reimbursement Agreement between the Rancho California Water District (RCWD) and the City of Temecula for Madison Avenue 54 -Inch Water Transmission Main Relocation (RCWD Project No. D1505) in an amount not to exceed $3,400,000 to reimburse RCWD for the costs associated with providing plans, specifications, administration, construction, and inspection necessary to provide the relocation and authorize the City Manager to sign the agreement. 8 Approve the Sponsorship Requests for the 2011 Temecula Valley Balloon & Wine Festival RECOMMENDATION: 8.1 Approve the Event Sponsorship Agreement in the amount of $26,775 for the 2011 Temecula Valley Balloon & Wine Festival and authorize the Mayor to execute the Agreement. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. 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 Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-02 CALL TO ORDER: President Jeff Comerchero 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 9 Action Minutes RECOMMENDATION: 9.1 Approve the action minutes of March 8, 2011. CSD DEPARTMENTAL REPORT 10 Community Services Department Monthly Report 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next adjourned regular meeting: Tuesday, April 5, 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 Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-07 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 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of March 8, 2011. 12 Professional Services Agreement contract for Inland Planning and Design Inc. to provide consulting services related to the preparation of the Jefferson Corridor Specific Plan RECOMMENDATION: 12.1 Approve a Professional Service Agreement contract with Inland Planning and Design, Inc. in the amount of $84,123 for professional planning consulting services related to the preparation of the future Jefferson Corridor Specific Plan. 8 13 Professional Services Agreement for Environmental Science Associates (ESA) to prepare a Program Environmental Impact Report (EI R) for the Jefferson Corridor Specific Plan RECOMMENDATION: 13.1 Approve the Professional Services Agreement contract with Environmental Science Associates, Inc. in the amount of $189,220 for the preparation of a Program Environmental Impact Report for the Jefferson Corridor Specific Plan. RDA DEPARTMENTAL REPORT 14 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next adjourned regular meeting: Tuesday, April 5, 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. 9 TEMECULA HOUSING AUTHORITY MEETING — no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING — no meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 15 Time Limits for Public Speaking RECOMMENDATION: 15.1 Consider whether to change public speaker times and if appropriate, amend Resolution 94-79 Rules of Order for City Council Meetings; 15.2 Adopt a resolution entitled: RESOLUTION NO. 11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION 94-79, RULES OF ORDER FOR CITY COUNCIL MEETINGS, TO PROVIDE FOR A THREE MINUTE TIME LIMIT FOR SPEAKERS UNDER PUBLIC COMMENTS DEPARTMENTAL REPORTS 16 Planning Department Monthly Report 17 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next adjourned regular meeting: Tuesday, April 5, 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. 11 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends' the outstanding achievement of GollingsChristo her p of Troop #148 We congratulate Christopher for his achievement on receiving the rank of Eagle Scout. We are proud to present Christopher with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2011. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 8, 2011 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(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. at, 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. at, 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. 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. 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. Action Minutes1030811 1 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 The following individuals addressed the City Council under Public Comments: • Robert Wheeler • Stephen Eldred • Carol Monroe • Otto Baron • Frederick Grindle • Haley Seino • Duke Seino • Ton Vining • Bret Kelley • Paul Jacobs • Kathy Vining • Mario Abob • Patrice Lynes • Brigitte Green • Rich Tyrrell • Albert Von 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. Action Minutes1030811 2 2 Action Minutes - 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: 2.1 Approve the action minutes of February 22, 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. 11-23 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 - 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 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) - 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 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 - 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 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. Action Minutes1030811 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- 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 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 - 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 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 - 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 Adopt a resolution entitled: RESOLUTION NO. 11-24 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 Action Minutes1030811 4 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. 10 Fourth Amendment to the Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation 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 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 - 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 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 - 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 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 - 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 Approve the Agreement between the City of Temecula and Western Riverside County Regional Conservation Authority. Action Minutes1030811 5 At 8:08 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 8:21 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 18 Opposition to Liberty Quarry - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 11-25 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 following individuals addressed the Council Members with regard to this item: • Wayne Hall • Jack Roripaugh • Edward Monroe • Ken Johnson • John Moramarco • Marelle Dorsey • Fred Bartz • Clif Hewlett • Mariann Byers • Massimo Spadazzi • Mario Abob CITY MANAGER REPORT CITY ATTORNEY REPORT Assistant City Attorney Lee advised that with respect to the Closed Session item no. 1, the City Council unanimously approved the settlement agreement in the amount of $75,000; with regard to item no.2, City Council gave direction to the City Attorney with respect to the settlement conference; as to item no. 4, the City Council authorized release of a request for interest seeking price and terms of sale; and with regard to item no. 5, it was noted that there was no reportable action. As to item no. 3, Assistant City Attorney Lee advised that due to a conflict that Richards, Watson & Gershon (the City's law firm) has by previously representing MWD on an unrelated matter, she did not partake in the discussions; therefore, Public Works Director Butler reported that the City Council approved the appraisal and authorized staff to make an offer to MWD. Action Minutes1030811 6 ADJOURNMENT At 9:18 P.M., the City Council meeting was formally adjourned to 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. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1030811 7 Item No. 3 Approvals City Attorney Director of Finance City ManagerOOL ffile-r. fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 22, 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: 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 BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands CITY OF TEMECULA LIST OF DEMANDS 03/03/2011 TOTAL CHECK RUN $ 2,139,078.48 03/10/2011 TOTAL CHECK RUN 1,269,242.93 03/03/2011 TOTAL PAYROLL RUN: 415,862.07 TOTAL LIST OF DEMANDS FOR 03/22/2011 COUNCIL MEETING: $ 3,824,183.48 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,587,084.75 165 AFFORDABLE HOUSING 198,894.45 170 MEASURE A FUND 24,995.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 311,403.82 192 TCSD SERVICE LEVEL B 150.13 194 TCSD SERVICE LEVEL D 610.24 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,844.74 197 TEMECULA LIBRARY FUND 92,933.10 210 CAPITAL IMPROVEMENT PROJECTS FUND 417,097.51 280 REDEVELOPMENT AGENCY - CIP PROJECT 155,158.06 300 INSURANCE FUND 382,188.19 320 INFORMATION SYSTEMS 100,489.98 330 SUPPORT SERVICES 15,951.51 340 FACILITIES 39,437.65 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 73.20 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 42.89 477 CFD- RORIPAUGH 1,458.36 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,388.75 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,663.19 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,695.23 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 226.38 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,454.40 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 765.50 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 615.62 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 7,774.95 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 75.82 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 288.35 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 64.89 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,728.70 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,622.05 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 734.19 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 558.35 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,159.07 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 75.06 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,868.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,101.34 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,883.35 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 11,054.43 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 192.90 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 324.35 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,855.00 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,735.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 92.27 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 324.83 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,581.04 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 115.98 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,487.81 $3,408,321.41 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 236,606.64 165 AFFORDABLE HOUSING 10,720.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 99,155.18 192 TCSD SERVICE LEVEL B 140.89 194 TCSD SERVICE LEVEL D 900.77 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 978.52 197 TEMECULA LIBRARY FUND 412.44 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,582.94 300 INSURANCE FUND 1,402.61 320 INFORMATION SYSTEMS 20,038.61 330 SUPPORT SERVICES 6,303.79 340 FACILITIES 8,813.62 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 98.85 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 65.96 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 78.30 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 14.47 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 159.36 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 28.77 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 41.03 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 270.49 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.23 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12.00 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.59 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 180.24 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 38.47 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 22.46 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 19.14 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 45.00 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.80 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 167.02 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 89.61 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 242.41 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 409.74 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.79 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.77 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 230.73 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 74.13 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.25 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.77 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 340.27 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 6.41 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,122.52 415,862.07 TOTAL BY FUND: $ 3,824,183.48 apChkLst Final Check List Page: 1 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1657 03/03/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment SOLUTION 1658 03/03/2011 000245 PERS-HEALTH INSUR PREMIUM 1659 03/03/2011 000444 INSTATAX (EDD) 1660 03/03/2011 000283 INSTATAX (IRS) 1661 03/03/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1662 03/03/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1663 03/03/2011 000642 TEMECULA CITY FLEXIBLE 2,355.78 2,355.78 PERS Health Admin Cost Payment 80,048.58 Blue Shield HMO Payment 0.00 State Disability Ins Payment 22,054.72 Federal Income Taxes Payment Nationwide Retirement Payment PERS ER Paid Member Contr Payment Child Care Reimbursement Payment Child Care Reimbursement Payment 80,048.58 22,054.72 76,198.42 76,19842 13,762.06 13,762.06 122,713.32 122,713.32 8,752.89 0.00 8,752.89 1664 03/03/2011 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 144036 02/28/2011 003046 KF R O G 95.1 FM RADIO RADIO ADS:HOLIDAYS IN OLD TOWN 3,180.00 3,180.00 144037 02/28/2011 013348 RESERVE AT CROINNE HILL, final release disbursement agreement 207,500.00 207,500.00 TH E 144038 02/28/2011 006697 TEM. VLY AUTO DEALERS electrical srvcs:Auto Mall Sign 23,684.05 23,684.05 ASSN INC 144039 02/28/2011 006697 TEM. VLY AUTO DEALERS sign construction:Auto Mall Sign 110,884.51 110,884.51 ASSN INC 144040 03/03/2011 003552 A F L A C AFLAC Cancer Payment 3,142.81 3,142.81 144041 03/03/2011 004973 ABACHERLI, LIN DI TCSD instructor earnings 600.00 600.00 144042 03/03/2011 013367 ACTIVE MICRO INC MISC TOOLS/EQUIP: PW TRAFFIC 117.33 117.33 144043 03/03/2011 009374 ALLEGRO MUSICAL VENTURES piano tuning: theater 170.00 170.00 144044 03/03/2011 006915 ALLIES PARTY EQUIPMENT linen rental:SW Coalition mtg 105.45 105.45 Pagel apChkLst Final Check List Page: 2 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144045 03/03/2011 004240 AMERICAN FORENSIC NURSES DUI & DRUG SCREENINGS: POLICE 492.96 (AFN) DUI & DRUG SCREENINGS: POLICE 205.40 MAR STAND BY FEE: POLICE 1,248.00 1,946.36 144046 03/03/2011 013353 AMERICASPRINTER.COM brochures:springfest rack cards 272.13 272.13 144047 03/03/2011 013950 AQUA CHILL OF SAN DIEGO Feb drinking water sys:civic ctr 92.44 92.44 144048 03/03/2011 004205 BALLET FOLKLORICO TCSD Instructor Eamings 210.00 210.00 144049 03/03/2011 011007 BARNETT, KIRK reimb:tool/plate Stn & Squad 84 243.87 243.87 144050 03/03/2011 013356 BATES INDUSTRIES INC pd uniform jacket: Dep Mohr 467.63 467.63 144051 03/03/2011 003221 BEAL, KELLI ee computer purchase program 761.24 761.24 144052 03/03/2011 002377 BEST BUY COMPANY INC ee computer purchase prgm:D. Gascon 1,695.49 1,695.49 144053 03/03/2011 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 420.00 DUI & drug screenings: Police 1,159.25 DUI & drug screenings: Police 1,047.70 2,626.95 144054 03/03/2011 012583 BLANCA Y PRICE Oct Indscp pin ck svc:planning 6,370.00 Dec Indscp pin ck svc: planning 10,410.00 credit: billing adj PA10-0235 -720.00 16,060.00 144055 03/03/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDY MEDICAL PAYMENT 978.89 978.89 03/2011 144056 03/03/2011 004778 BUREAU VERITAS NORTH JAN PLAN CHECK SVCS: B&S 3,255.81 3,255.81 AMERICA 144057 03/03/2011 009082 C B C TECHNICAL INC Misc Supplies: Theater 85.02 85.02 144058 03/03/2011 001159 CALIF DEPT OF JUSTICE Jan fingerprinting svcs: Police 3,307.00 3,307.00 144059 03/03/2011 004971 CANON FINANCIAL SERVICES, Feb copier leases: Fire 182.55 182.55 INC 144060 03/03/2011 000137 CHEVRON AND TEXACO City vehicles fuel: CM 298.21 298.21 Page2 apChkLst Final Check List Page: 3 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144061 03/03/2011 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 144062 03/03/2011 000442 COMPUTER ALERT SYSTEMS 11/25-12/31 alarm svc: Civic Ctr 144063 03/03/2011 001264 COSTCO WHOLESALE misc supplies:youth advisory 144064 03/03/2011 004329 COSTCO WHOLESALE CORP misc supplies:dinner w/firefghters misc supplies:dinner w/firefghters 62.00 62.00 64.17 64.17 97.38 97.38 111.44 10.13 121.57 144065 03/03/2011 013379 COUSSOU, CELINE TCSD Instructor Eamings 168.00 168.00 144066 03/03/2011 014057 CUSTOM SYSTEM refund:permit inspect fees:F10-282 479.00 479.00 TECHNOLOGIES INC 144067 03/03/2011 001393 DATA TICKET INC Jan citation processing: police 2,026.25 2,026.25 144068 03/03/2011 012614 DBX, INC. fiber optic supplies: PW Traffic 2,200.00 2,200.00 144069 03/03/2011 006150 DIALOGIC COMMUNICATIONS software maint:emerg notification 5,371.00 CORP. software maint:reverse 911 8,500.00 13,871.00 144070 03/03/2011 003945 DIAMOND ENVIRONMENTAL 2/21-3/20 restroom svc:Vail Rnch 52.88 SRVCS 2/21-3/20 restroom svc:Veterans 52.88 2/21-3/20 restroom svc:Riverton 52.88 2/21-3/20 restroom svc:Lng Cyn 52.88 211.52 144071 03/03/2011 005880 EDGE DEVELOPMENT INC. release stop notice:ABC Supply Co 33,048.30 33,048.30 144072 03/03/2011 011203 ENVIRONMENTAL CLEANING Feb janitorial svc:park restrooms 5,315.00 5,315.00 Pages apChkLst Final Check List Page: 4 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144074 03/03/2011 001056 EXCEL LANDSCAPE Description Amount Paid Check Total irrigation repairs: sports parks irrigation repairs: Tradewinds irrigation repairs: various parks irrigation repairs: La Mirada irrigation repairs: Crowne Hill Jan landscape maint:tcsd parks irrigation repairs: Veterans Park irrigation repairs: tcsd parks irrigation repair: Villages irrigation repairs: rustic glen Jan landscape maint:north slopes Jan landscape maint:south slopes Jan landscape maint: medians irrigation repairs: PBSP irrigation repairs: sports parks irrigation repairs: wolf creek park irrigation repairs: Vail Ranch Jan landscape maint:tcsd parks Jan landscape maint:city facilities 650.83 111.50 726.17 231.63 341.25 47,825.10 390.77 154.32 205.77 169.39 19,749.97 34,844.87 14,269.70 150.01 135.12 481.99 1,160.25 50,935.88 8,885.54 181,420.06 Page4 apChkLst Final Check List Page: 5 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144075 03/03/2011 003347 FIRST BANKCARD CENTER TT replacement card fee 10.00 013851 STORM SOURCE, LLC TT ms outlook export/support:Info Sys 943.00 003964 OFFICE DEPOT BUSINESS SVS TT computer/printer supplies:Info Sys 326.16 DIV TT Heel-That-Pain.com TT credit: fraudulent charge TT credit: interest chg on fraudulent 199.60 -199.60 -28.76 000845 NATIONAL LEAGUE OF CITIES ME reg NLC cfwash,DC 3/12-16 420.00 007287 UNITED AIRLINES ME airfare:NLC cfwash,DC 3/12-16 542.80 007185 CALIF STATE UNIVERSITY SN regist:CW,ME,AA CSUSM mtg 2/3 75.00 014062 ID CARD GROUP SJ visitor lanyards/holders:civic ctr 152.38 005531 FRONT STREET BAR & GRILL SJ meal:closed council mtg 1/11 220.00 001048 ROSAS CANTINA SJ meal:closed council mtg 1/25 107.46 RESTAURANT 009720 STARBUCKS CORPORATION SJ refreshments:council mtg break 1/25 25.90 008669 VONS SJ refreshments:council mtg breaks 1/25 62.42 013339 CSN STORES, LLC SJ public notices wood display 203.98 011702 CAFE DANIEL AA refreshments:mtg w/Congressman 324.00 Issa 014063 REGAL ROOST CAFE AA refreshments:mtg w/Congressman 26.10 Issa 014064 KITCHEN FANTASY GB timer:speakers at council mtgs 17.39 013507 G TEL ENTERPRISES INC GB payphone parts: Ch Museum 101.06 010408 BUY.COM INC. GB (4) monitor arms:civic ctr 531.09 004238 MURRIETA, CITY OF SN murheta state of city:council/staff 200.00 004238 MURRIETA, CITY OF SN refund (1) attendee state of city -25.00 4,234.98 144076 03/03/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 383.52 383.52 144077 03/03/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 243.81 243.81 144078 03/03/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 144079 03/03/2011 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 2/25 325.50 325.50 144080 03/03/2011 004944 FULLCOURT PRESS business license certs:fnance 585.05 585.05 Pages apChkLst Final Check List Page: 6 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144081 03/03/2011 010326 G E MOBILE WATER, INC Feb washer maint: Stn 73 128.33 128.33 144082 03/03/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/19 517.40 144083 03/03/2011 000177 GLENN IES OFFICE PRODUCTS INC sttlmnt: Country at the Merc 2/26 750.30 1,267.70 Office supplies: HR 413.18 Office supplies: Finance OFFICE SUPPLIES: CRC Office Supplies: Info Sys/GIS Office supplies: B&S Office Supplies: Theater Office Supplies: City Clerk OFFICE SUPPLIES: MPSC OFFICE SUPPLIES: TCSD Office Supplies: Records Mgmt OFFICE SUPPLIES: TV MUSEUM Office supplies: Planning MISC OFFICE SUPPLIES:PUBLIC WORK: Office Supplies: Central Svcs 423.23 22.28 611.37 181.41 88.24 67.41 15.76 1,631.76 166.01 201.60 242.72 222.13 189.19 4,476.29 144084 03/03/2011 003792 GRAINGER misc supplies: Stn 84 649.09 credit: freight adjustment -23.62 maint supplies: theater 139.63 trailer brakes: Citizen Corps 90.14 credit: freight adjustment -54.79 800.45 144085 03/03/2011 014059 GUZMAN, BEATRIZ refund:sec dep:kitchen rental:CRC 150.00 150.00 144086 03/03/2011 012954 HANEY, JOHN THOMAS 2/18 PLAN CHECK SVCS: B&S 1,501.44 1,501.44 144087 03/03/2011 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES: PW MAINT 96.38 96.38 LTD 144088 03/03/2011 011970 HERNANDEZ, HEATHER TCSD Instructor Eamings 1,350.00 1,350.00 144089 03/03/2011 014060 HOEYNCK, SUZANNE refund:sec dep:rm rental:TCC 150.00 150.00 144090 03/03/2011 013645 I C E ENGINEERING release retention PW09-10 31,572.36 31,572.36 144091 03/03/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,104.84 5,104.84 303355 144092 03/03/2011 004406 IGOE & COMPANY INC Feb flex benefit plan pmt 310.00 310.00 Pages apChkLst Final Check List Page: 7 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144093 03/03/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY 44.67 44.67 INC 144094 03/03/2011 013695 INLAND EMPIRE SHRED IT 2/14 doc shred svc: Library 15.00 2/14 doc shred svc: PD mall 15.00 2/14 doc shred svc: PD Old Town 15.00 45.00 144095 03/03/2011 006914 INNOVATIVE DOCUMENT Jan copier maint/usage:Library 977.81 SOLUTIONS Jan copier maint/usage:citywide 7,409.36 8,387.17 144096 03/03/2011 003266 IRON MOUNTAIN OFFSITE Jan offsite media storage:records 395.45 395.45 144097 03/03/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 144098 03/03/2011 013200 JAROTH INC Mar pay phone:RDA:OT bus depot 82.64 82.64 144099 03/03/2011 009297 JEMS 11 subs 298899/298873:stn 12/84 84.00 84.00 144100 03/03/2011 002424 KELLEY DISPLAY INC clean/store banners:old town 236.53 236.53 144101 03/03/2011 013788 KOA CORPORATION Jan traffic cnslt svc:planning 1,062.50 1,062.50 144102 03/03/2011 009336 KOPIE SHOP LLC Promotional Items: Theater 206.63 Promotional Items: Theater 118.54 325.17 144103 03/03/2011 011022 LATITUDE GEOGRAPH ICS software maint:geocortex IMF 875.88 875.88 GROUP LTD 144104 03/03/2011 004176 LEVEL 3 COMMUNICATIONS 2/15-3/14 Long distance & internet svc 741.00 741.00 LLC 144105 03/03/2011 004905 LIEBERT, CASSIDY & Jan HR legal svcs for TE060-01 1,895.00 1,895.00 WHITMORE 144106 03/03/2011 003726 LIFE ASSIST INC MEDICAL SUPPLIES: PARAMEDICS 567.55 567.55 144107 03/03/2011 009263 LOWES HIW INC Hardware Supplies: Fire Prev 277.90 277.90 144108 03/03/2011 013982 MCI COMM SERVICE Feb xxx-0346 general usage 24.00 Feb xxx-0714 gen usage:PD mall alarm 24.46 48.46 144109 03/03/2011 003782 MAIN STREET SIGNS Misc signs:PW Maintenance 1,933.13 1,933.13 Page:7 apChkLst Final Check List Page: 8 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144110 03/03/2011 004803 MAPLOGIC CORPORATION 144111 03/03/2011 004307 MARINE BIOCHEMISTS 144112 03/03/2011 003076 MET LIFE INSURANCE COMPANY 144113 03/03/2011 012962 MILLER, MISTY Description Amount Paid Check Total Software maint:layout mgr ArcGIS 625.00 625.00 Feb water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 MetLife Dental Insurance Payment 7,197.41 7,197.41 TCSD Instructor Eamings TCSD Instructor Eamings 182.00 808.50 990.50 144114 03/03/2011 000973 MIRACLE RECREATION PARK EQUIP PARTS:BUTTERFIELD 903.67 903.67 EQUIPMENT STAGE 144115 03/03/2011 001892 MOBILE MODULAR 2/17-3/18 modular bldg rental: Stn 92 619.88 619.88 144116 03/03/2011 006094 MORENO VALLEY, CITY OF 2 tripwire camera systems:Police 5,415.75 5,415.75 144117 03/03/2011 014061 MURRAY, ESTELITA refund:sec dep/rm rental:CRC 425.00 425.00 144118 03/03/2011 001986 MUZAK -SOUTHERN Mar satellite music:old town 72.11 CALIFORNIA Mar satellite programing:foc 113.66 185.77 144119 03/03/2011 006140 NORTH JEFFERSON BUSINESS Apr -Jun assn dues xx16:F.Vly Intrchg 446.67 PARK Apr -Jun assn dues xx17:F.Vly Intrchg 415.13 Apr -Jun assn dues xx20:F.Vly Intrchg 564.02 1,425.82 144120 03/03/2011 012325 OLD TOWN CENTER 1 LLC refund:landscape dep:CSD08-0006 7,500.00 7,500.00 144121 03/03/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 58.21 City Vehicle Maint Svcs:TCSD 807.21 865.42 144122 03/03/2011 002331 PEP BOYS INC 144123 03/03/2011 013381 PEREZ, AARON TROY 144124 03/03/2011 000249 PETTY CASH 144125 03/03/2011 001999 PITNEY BOWES 144126 03/03/2011 011861 PLUMBMASTER INC. City vehicle repair & maint:pw maint 52.79 City vehicle repair & maint:pw maint TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Petty Cash Reimbursement 3/16-6/15 Postage Meter: Sta 84 Drinking fountain parts:var parks 57.86 110.65 844.38 1,120.00 227.50 734.50 93.80 2,191.88 734.50 93.80 456.39 456.39 Pages apChkLst Final Check List Page: 9 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144127 03/03/2011 005820 PRE -PAID LEGAL SERVICES INC 144128 03/03/2011 000254 PRESS ENTERPRISE COMPANY INC 144129 03/03/2011 011009 QUALITY FOAM PACKAGING INC 144130 03/03/2011 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total PrePaid Legal Services Payment 3/9/11-3/6/12 subscr:City Mgr 9298672 Misc supplies:paramedic pgrm Feb var water meters:TCSD & PW Feb water meters:30875 rncho vista Feb water meters:TCSD svc lev C Jan D.C. meter:30650 Pauba Rd Jan misc water meters:30650 Pauba Rd 144131 03/03/2011 002654 RANCHO FORD LINCOLN CITY VEHICLE REPAIRS & MAINT:CITY MERCURY MGR 144132 03/03/2011 004584 REGENCY LIGHTING 324.85 324.85 169.00 169.00 657.39 657.39 963.04 429.91 5,292.95 15.62 174.97 6,876.49 3,443.01 3,443.01 Electrical supplies:foc/c.museum 583.60 Electrical supplies:theater 211.93 795.53 144133 03/03/2011 002412 RICHARDS WATSON & Jan 2011 legal services 127,567.20 127,567.20 GERSHON 144134 03/03/2011 010087 RIGGS & RIGGS INC Property appraisal rpt:diaz & dendy 4,750.00 4,750.00 144135 03/03/2011 000267 RIVERSIDE CO FIRE Oct -Dec 2010 fire services 869,258.81 869,258.81 DEPARTMENT 144136 03/03/2011 000411 RIVERSIDE CO FLOOD Jan encroachment permit: S.G. Crk Chnl 54.20 54.20 CONTROL 144137 03/03/2011 000406 RIVERSIDE CO SHERIFFS January' 11 Booking Fees 4,739.04 4,739.04 DEPT 144138 03/03/2011 005756 RIVERSIDE CO TREASURER Harveston special tax reimb: C.Levan 116.09 116.09 144139 03/03/2011 012251 ROTH, DONALD J. TCSD Instructor Eamings 252.00 252.00 144140 03/03/2011 002226 RUSSO, MARY ANNE TCSD Instructor Eamings 962.50 TCSD Instructor Eamings 525.00 1,487.50 144141 03/03/2011 009196 SACRAMENTO THEATRICAL MISC LIGHTING SUPPLIES: THEATER 243.12 243.12 LIGHTING 144142 03/03/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 732.44 732.44 Page9 apChkLst Final Check List Page: 10 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144143 03/03/2011 014058 SALAMANDER FIRE refund:pin ck/inspect fees:F10-0346 822.00 822.00 PROTECTION 144144 03/03/2011 008515 SAM DE FAZIOS GOODTIME Entertainment:mpsc 2/14/11 150.00 150.00 BAND 144145 03/03/2011 013376 SECURITY SIGNAL DEVICES Security sys installation:citywide 6,500.00 INC refund:permit pin ck fees:F10-0339 891.00 7,391.00 144146 03/03/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 144147 03/03/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 144148 03/03/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 144149 03/03/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 02/24/11 505.00 505.00 144150 03/03/2011 000645 SMART& FINAL INC MISC SUPPLIES:MPSC 172.15 MISC SUPPLIES:YAK FUSION DANCE 97.32 MISC SUPPLIES:DOG HOUSE PROGRAN 126.55 396.02 Page:10 apChkLst Final Check List Page: 11 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144151 03/03/2011 000537 SO CALIF EDISON 144152 03/03/2011 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total Feb 2-28-904-7706:32329 ovedand LS -3 218.30 Feb 2-21-981-4720:30153 Tem pkwy tpp 42.67 Feb 2-31-282-0665:27407 diaz rd PED 23.31 Feb 2-18-937-3152:28314 mercedes 475.12 Feb 2-29-657-2787:41538 Winchester 21.84 Feb 2-31-536-3655:41904 main st 929.72 Feb 2-31-536-348141902 main st 289.87 Feb 2-31-031-2616:27991 diaz rd PED 2345 Feb 2-29-807-1226:irrig mtr:28077 diaz 22.91 Feb 2-29-807-1093:28079 diaz rd PED 22.77 Feb 2-29-295-3510:32211 wolf vly rd 822.21 Feb 2-29-953-8082:31523 wolf vly rd 25.80 Feb 2-27-371-8494:42189 Winchester 29.49 Feb 2-20-817-9929:28410 OT frnt st 203.44 Feb 2-31-419-2873:43000 Hwy 395 22.63 Feb 2-33-357-5785:44747 redhawk PED 34.43 Feb 2-29-458-7548:32000 rancho cal 256.15 Feb 2-29-953-8249:46497 wolf crk PED 22.57 Feb 2-29-224-0173:various Fire Stns 1,610.67 Feb 2-14-204-1615:30027 front st rdio 32.69 Feb 2-02-351-4946:41845 6th St 795.24 Feb 2-31-404-6020:28771 OT frnt st 1,571.39 Feb 2-29-223-8607:41925 6th St 463.88 Feb 2-19-171-8568:28300 mercedes 63.62 Feb 2-00-397-5042:43200 bus pk dr#1 1,479.06 Feb 2-29-933-3831:43230 bus pk dr 1,679.83 Feb 2-31-912-7494:28690 mercedes 1,320.09 Feb 2-31-536-3226:28690 mercedes 797.60 Feb 2-25-393-4681:41951 moraga rd 335.93 2-28-331-4847 Pauba Rd 141.07 Feb 129-582-9784-3:43230 bus pk dr Feb 125-244-2108-3:Library Feb 091-024-9300-5:30875 rncho vista Feb 101-525-0950-0:28816 Pujol St Feb 196-025-0344-3:42081 main st Feb 181-383-8881-6:28314 mercedes Feb 021-725-0775-4:41845 6th St Feb 129-535-4236-7:41000 Main St Feb 025-671-2909-8:42051 Main St Feb 133-040-7373-0:43210 bus pk dr Feb 015-575-0195-2:32211 wolf vly rd Feb 095-167-7907-2:30650 Pauba Rd Feb 101-525-1560-6:27415 enterprise 144156 03/03/2011 007762 STANDARD INSURANCE Mandatory Life Insurance Payment COMPANY 262.04 596.37 4,040.46 147.60 181.52 161.19 315.83 2,102.67 450.98 68.04 276.50 286.34 326.82 13,777.75 9,216.36 8,990.71 8,990.71 Pagel 1 apChkLst 03/03/2011 11:01:50AM Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144157 03/03/2011 012723 STANDARD INSURANCE COMPANY 144158 03/03/2011 000305 TARGET BANK BUS CARD SRVCS 144159 03/03/2011 001547 TEAMSTERS LOCAL 911 144160 03/03/2011 012265 TEMECULA ACE HARDWARE C/O 144161 03/03/2011 010848 TEMECULA PLANTSCAPE 144162 03/03/2011 009194 TEMECULA VALLEY NEWS 144163 03/03/2011 001403 TEMECULA VALLEY SOCCER ASSN 144164 03/03/2011 003941 TEMECULA WINNELSON COMPANY 144165 03/03/2011 007636 THERMO ENVIRONMENTAL 144166 03/03/2011 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 144167 03/03/2011 010276 TIME WARNER CABLE 144168 03/03/2011 004124 TRUELINE 144169 03/03/2011 002702 U S POSTAL SERVICE (Continued) Description Amount Paid Check Total Voluntary Supp Life Insurance Payment MISC SUPPLIES:CHILDREN'S MUSEUM MISC SUPPLIES:DOG HOUSE PGRM MISC SUPPLIES:DOG HOUSE PGRM MISC SUPPLIES:DOG HOUSE PGRM MISC SUPPLIES:MPSC Union Dues Payment HARDWARE & SUPPLIES: STA 92 Feb plantscape srvcs:civic center Feb lease interior plantscape:library FEB ADVERTISING:TEMECULA PRESENTS PGRM refund:snack bar dep:Fall 2010 Plumbing supplies:crc Plumbing supplies:crc Gas Monitor Repair: Sta 73 elevator maint srvcs:theater 12/9/10 elevator maint srvcs:theater 01/19/11 Mar high speed internet:41845 6h st Mar high speed internet:41000 main st Tennis court maint: marg park Postage meter deposit Postage meter deposit 144170 03/03/2011 000325 UNITED WAY United Way Charities Payment 619.90 79.34 293.39 29.11 20.65 73.20 4,817.00 14.59 825.00 200.00 286.40 200.00 94.83 21.96 511.14 198.00 210.00 44.95 3,500.93 5,645.00 1,583.62 2,287.77 619.90 495.69 4,817.00 14.59 1,025.00 286.40 200.00 116.79 511.14 408.00 3,545.88 5,645.00 3,871.39 63.00 63.00 Page:12 apChkLst Final Check List Page: 13 03/03/2011 11:01:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144171 03/03/2011 004261 VERIZON Description Amount Paid Check Total Feb xxx-5696 gen usage:sports comp) Feb xxx-3526 gen usage:fire alarm Feb xxx-9196 gen usage:TCC SAFE Feb xxx-2016 gen usage:Reverse 911 Feb xxx-5706 general usage Feb xxx-2676 general usage Feb xxx-6084 general usage Feb xxx-5275 gen usage:Tem PD DSL Feb xxx-0074 general usage Feb xxx-0714 gen usage:PD mall alarm Feb xxx-3564 general usage 144172 03/03/2011 004789 VERIZON ONLINE 2/13-3/12 Internet svcs:Tem PD DSL 144173 03/03/2011 010399 VOLKER LUTZ ENTERPRISE INC 144174 03/03/2011 002658 VOLLMUTH, MARY 144175 03/03/2011 006248 WALKER, JESSICA 2/13-3/12 Internet svcs:Library Refreshments:broker meeting 2/24 ee computer purchase prgm TCSD Instructor Eamings 37.01 111.04 174.12 121.95 148.06 37.01 35.69 38.18 213.69 214.22 37.01 1,167.98 49.99 174.99 224.98 391.50 391.50 1,310.99 1,310.99 322.00 322.00 Grand total for UNION BANK OF CALIFORNIA: 2,139,078.48 Page:13 apChkLst Final Check List Page: 14 03/03/2011 11:01:50AM CITY OF TEMECULA 144 checks in this report. Grand Total All Checks. 2,139,078.48 Page:14 apChkLst Final Check List Page: 1 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1665 03/10/2011 013551 SUMMERHOUSE HOUSING ASSOC 144176 03/10/2011 001104 ARM A 144177 03/10/2011 012943 ALPHA MECHANICAL SERVICE INC 144178 03/10/2011 004422 AMERICAN BATTERY CORPORATION 144179 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144180 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144181 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144182 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144183 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144184 03/10/2011 000747 AMERICAN PLANNING ASSOCIATION 144185 03/10/2011 000936 AMERICAN RED CROSS 144186 03/10/2011 012985 ANDERSON & HOWARD ELECTRIC INC 144187 03/10/2011 002187 ANIMAL FRIENDS OF THE VAL LEYS 144188 03/10/2011 013338 APPLE STORE Description PHI(20) UNITS/CLUB/POOL:SUMMERHOUSE regist:RIM 3/30 Riverside MB/GF HVAC svcs: parking garage HVAC svcs: harveston HVAC svcs: Stn 92 HVAC svcs: Theater HVAC svcs: Stn 73 battery supplies: PW Traffic battery supplies: PW Traffic 4/11-3/12 APA mb:Richardson, Patrick 4/11-3/12 APA mb: Johnson, Robert 4/11-3/12 APA mb:Schuma, Dana 4/11-3/12 APA mb:Le Comte, Katie 4/11-3/12 APA/CAIE:PIn Commission 4/11-3/12 PBM Grp mb:Pln Comm training materials:aquatics pgrm release retention: PW06-07 Nov animal control services Dec animal sheltering services Dec animal control services Nov animal sheltering services employee computer loan program Amount Paid Check Total 177, 327.13 177,327.13 185.00 185.00 305.00 72.00 292.00 299.00 58.00 1,026.00 282.36 39.10 321.46 580.00 580.00 410.00 410.00 310.00 310.00 285.00 285.00 250.00 250.00 100.00 100.00 1,218.00 1,218.00 64,791.31 64,791.31 10,000.00 10,625.00 10,000.00 10,625.00 41,250.00 1,976.74 1,976.74 Pagel apChkLst 03/10/2011 2:12:33PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144189 03/10/2011 012951 APPLIED DEVELOPMENT ECONOMICS 144190 03/10/2011 002648 AUTO CLUB OF SOUTHERN CALIF 144191 03/10/2011 011954 BAKER & TAYLOR INC 144192 03/10/2011 000128 BROWN & BROWN OF CALIF INC 144193 03/10/2011 014084 BROWN, TANYSHA 144194 03/10/2011 001178 C M S BUSINESS FORMS INC 144195 03/10/2011 003138 CAL MAT 144196 03/10/2011 014078 CAL-PASEO DEL SOL 144197 03/10/2011 014082 CALVILLO, LETICIA 144198 03/10/2011 004971 CANON FINANCIAL SERVICES, INC 144199 03/10/2011 014080 CARTWHEELS GYMNASTICS INC. (Continued) Description JAN CNSLT:QUALITY OF LIFE PLAN Membership: 34054446 PL Membership: 80925362 ML (33) BOOK PURCHASE: LIBRARY (78) BOOK PURCHASE: LIBRARY Ins #105233875 Travelers:Crime Ins #313086AF1 DIC Empire Ins #B2AEIM000131801 DIC Princeton Ins #6304168X28A Travelers:Property Ins #BA6072X147 Travelers:Auto refund:tem spring cotillion 1070.101 citation forms:code enforcement PW patch truck materials PW patch truck materials PW patch truck materials refund:eng grad dep:TR24136-2 lot 77 refund:sec dep:kitchen rental:TCC Apr copier leases: Civic Ctr refund:sec dep:rm rental:CRC 144200 03/10/2011 004414 COMMUNITY WORKS DESIGN Dec enviro mitigation svc:RRSP GROUP 144201 03/10/2011 000442 COMPUTER ALERT SYSTEMS 144202 03/10/2011 011035 CONGRESS FOR THE NEW URBANISM 144203 03/10/2011 013379 COUSSOU, CELINE alarm repair: Stn 95 11/12 CNU mb:Richardson, Patrick 11/12 CNU mb:Johnson, Robert TCSD Instructor Earnings 144204 03/10/2011 011678 CROSSROADS CHURCH OF refund:sec dep:rm rental:CRC THE Amount Paid Check Total 6,889.18 48.00 48.00 499.79 1,688.26 4,076.00 174, 063.15 64,575.35 91,271.00 12,956.00 98.00 2,358.31 133.77 360.18 141.76 50,000.00 400.00 3,004.54 150.00 54.49 118.45 195.00 195.00 171.50 6,889.18 96.00 2,188.05 346,941.50 98.00 2,358.31 635.71 50,000.00 400.00 3,004.54 150.00 54.49 118.45 390.00 171.50 150.00 150.00 Page:2 apChkLst Final Check List Page: 3 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144205 03/10/2011 013347 D & W CONSULTING, INC. 144206 03/10/2011 004194 D L T SOLUTIONS INC Description Amount Paid Check Total Consulting Parcel Cleanup 6,337.00 6,337.00 software maint:autocad renewal 396.63 396.63 144207 03/10/2011 012600 DAVID EVANS & ASSOCIATES JAN CNSLT SVC:BUTTERFIELD RD EXT 917.63 INC credit: billing adj mileage charged -0.41 917.22 144208 03/10/2011 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 504.00 504.00 144209 03/10/2011 004438 DICK BLICK COMPANY INC framing materials: TV Museum 314.67 314.67 144210 03/10/2011 004192 DOWNS COMMERCIAL Fuel for City vehicles: PW Traffic 200.24 200.24 FUELING INC 144211 03/10/2011 002390 EASTERN MUNICIPAL WATER Feb 95366-02 Diego Dr Ldscp 51.68 51.68 DIST 144212 03/10/2011 000161 EDEN SYSTEMS INC '11 software maint: EDEN 37,169.80 37,169.80 144213 03/10/2011 005880 EDGE DEVELOPMENT INC. partial release stop notice:Norman's 12,716.95 12,716.95 144214 03/10/2011 004829 ELLISON WILSON ADVOCACY Mar lobbyist cnslt: CM 3,500.00 3,500.00 LLC 144215 03/10/2011 013430 ENERSPECT MEDICAL AED Supplies: Paramedics 1,938.35 1,938.35 SOLUTIONS 144216 03/10/2011 014073 F P F WHOLESALE refund:dupl. pmt:bus lic #034726 35.00 35.00 144217 03/10/2011 011145 FOSTER, JILL C. TCSD instructor earnings 409.50 409.50 144218 03/10/2011 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 3/4 35.00 35.00 144219 03/10/2011 000177 GLENNIES OFFICE PRODUCTS Office supplies: Finance 496.19 INC Office Supplies: Library Office Supplies: Theater Office Supplies: Records Office Supplies: City Clerk Office supplies: B&S Office supplies: HR 319.40 78.67 72.85 29.75 83.43 607.23 1,687.52 Page:3 apChkLst 03/10/2011 2:12:33PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144220 03/10/2011 009608 GOLDEN VALLEY MUSIC SOCIETY 144221 03/10/2011 014069 GRASS VALLEY ASSOCIATES 144222 03/10/2011 005311 H2O CERTIFIED POOL WATER SPCL. 144223 03/10/2011 000186 HANKS HARDWARE INC (Continued) 144224 03/10/2011 012204 HERITAGE FAMILY MINISTRIES 144225 03/10/2011 008694 HOLIDAY INN EXPRESS TEMECULA 144226 03/10/2011 010210 HOME DEPOT SUPPLY INC, THE 144227 03/10/2011 002701 HUB INT'L INSURANCE SERVCS INC 144228 03/10/2011 011342 I A C ENGINEERING INC. Description sttlmnt: Classics at the Merc Feb '11 mailboxes: Ch Museum/Theater Feb water maint: fountain Feb maint svc: crcltes pools Hardware supplies: Code Enf HARDWARE SUPPLIES: PW TRAFFI, Hardware supplies: PW Maint TCSD Instructor Earnings TCSD Instructor Earnings lodging:every 15 min pgrm misc supplies: theater Feb special events premiums partial retention release: PW06-06 144229 03/10/2011 005683 I S G THERMAL SYSTEMS USA battery/chgr:thermal img camera INC 144230 03/10/2011 004833 IMPERIAL PAVING COMPANY INC 144231 03/10/2011 004984 INDEPENDENT ROOFING CONSULTANT asphalt rpr:meadows/rancho cal 1/25 WATERPROOF INSPECT:CIVIC CTR 144232 03/10/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY INC 144233 03/10/2011 013695 INLAND EMPIRE SHRED IT 144234 03/10/2011 006924 INTL MUNICIPAL SIGNAL ASSOC. 144235 03/10/2011 005454 ISLAMIC CENTER OF 2/28 doc shred svc: Civic Ctr TARP cert renewal:Beardshear, Jeff refund:misc dep:burrowing owl study Amount Paid Check Total 623.00 600.00 175.00 900.00 13.32 99.76 101.91 591.50 568.75 1,258.80 171.35 555.71 48,302.58 265.00 24,995.00 650.00 14.11 50.00 40.00 623.00 600.00 1,075.00 214.99 1,160.25 1,258.80 171.35 555.71 48,302.58 265.00 24,995.00 650.00 14.11 50.00 40.00 488.00 488.00 Page:4 apChkLst Final Check List Page: 5 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144236 03/10/2011 012295 JAMESON MANAGEMENT INC Garage Door Repair: Stn 73 508.55 508.55 144237 03/10/2011 013200 JAROTH INC Mar pay phone:duck pond,Library,CRC 212.64 212.64 144238 03/10/2011 014074 JOHNSON, CHRISTIE E. refund:dupl. pmt online:bus lic 022270 50.00 50.00 144239 03/10/2011 002424 KELLEY DISPLAY INC clean/store banners: Rod Run 382.49 382.49 144240 03/10/2011 001282 KNORR SYSTEMS INC swimming pool rehab: CRC 3,993.71 3,993.71 144241 03/10/2011 000209 L & M FERTILIZER INC MISC SUPPLIES: PW MAINT 21.27 misc supplies: Fire/PW Maint 87.91 109.18 144242 03/10/2011 011910 L H ENGINEERING COMPANY release stop notice:Dennis Janda, Inc 4,637.50 4,637.50 INC 144243 03/10/2011 000210 LEAGUE OF CALIF CITIES '11 LCC mbrshp: City of Temecula 22,172.00 22,172.00 144244 03/10/2011 000482 LEIGHTON CONSULTING INC JAN GEOTECH SVCS: TCC EXPANSION 98.00 98.00 144245 03/10/2011 014087 LEON, JUAN COSSY refund:sec dep:rm rental:CRC 150.00 150.00 144246 03/10/2011 013769 LIGHTSQUARED LP FEB SATELLITE PHONE SVC:FIRE/CM 147.82 147.82 144247 03/10/2011 013188 LINFIELD CHRISTIAN SCHOOL entertainment:old town holidays 125.00 125.00 144248 03/10/2011 009904 LIVING DESERT, THE admission living desert:MPSC 178.50 178.50 144249 03/10/2011 009263 LOWES HIW INC Kitchen Faucet: Stn 73 215.33 215.33 144250 03/10/2011 014075 M & S MARKET INC. 50% refund:appl. w/d:PA10-0288 1,281.50 1,281.50 144251 03/10/2011 008610 M C R STAMPS DJ srvcs: high hopes prgrm 01/07/11 25.00 25.00 Page:5 apChkLst Final Check List Page: 6 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144252 03/10/2011 011920 MASTER CONCEPTS LLC 144253 03/10/2011 011179 MC MILLIN REDHAWK LLC Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 144254 03/10/2011 006571 MELODY'S AD WORKS INC. Mar mrktg & promo srvcs:old town 144255 03/10/2011 010908 MR APPLIANCE OF Appliance maint & repair:pbsp WINCHESTER Amount Paid Check Total 459.38 588.00 882.00 790.12 367.50 294.00 670.70 588.00 514.50 735.00 735.00 560.00 448.00 3,000.00 5,889.20 1,743.00 3,000.00 524.50 524.50 144256 03/10/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 184.80 TCSD Instructor Earnings 302.40 TCSD Instructor Earnings 352.80 924.00 144257 03/10/2011 002925 NAPA AUTO PARTS Auto parts & supplies: Sta 84 86.45 86.45 144258 03/10/2011 008820 NEIGHBORS NEWSPAPER Mar advertising:Bluegrass Festival 250.00 250.00 144259 03/10/2011 014076 NGUYEN, BAO refund:dupl. pmt online:bus lic 035563 35.00 35.00 144260 03/10/2011 008528 NICHOLS, MELBURG & ROSETTO JAN PROF SRVCS:CIVIC CENTER PH II 2,060.81 JAN PROF SRVCS:CIVIC CENTER PI JAN PROF SRVCS:CIVIC CENTER PI 144261 03/10/2011 002139 NORTH COUNTY TIMES FEB PUBLIC NOTICES: PLANNING/CITY CLERK 144262 03/10/2011 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:CHILDRENS DIV MUSEUM Printing srvcs:Finance Dept Misc office supplies:PW Depts Ntc envelopes:Planning Dept Misc office supplies:Central Services PRINTING SRVCS:FIRE PREVENTIO 2,438.74 8,134.65 12,634.20 1,524.96 1,524.96 15.66 639.45 2.75 183.68 50.44 58.75 950.73 Page:6 apChkLst 03/10/2011 2:12:33PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144263 03/10/2011 002105 OLD TOWN TIRE & SERVICE 144264 03/10/2011 002105 OLD TOWN TIRE & SERVICE 144265 03/10/2011 001171 (Continued) ORIENTAL TRADING COMPANY INC 144266 03/10/2011 014077 PACIFIC AMBULANCE 144267 03/10/2011 014079 PACIFIC CENTURY HOMES 144268 03/10/2011 013910 PACIFIC RESTORATION GROUP INC 144269 03/10/2011 000472 PARADISE CHEVROLET CADI LLAC 144270 03/10/2011 006389 PAULSON PAINTING 144271 03/10/2011 001999 PITNEY BOWES 144272 03/10/2011 010338 144273 03/10/2011 004309 144274 03/10/2011 002012 POOL & ELECTRICAL PRODUCTS INC POWER PLUS UTILITY SERVICE R D 0 EQUIPMENT COMPANY 144275 03/10/2011 004029 R J M DESIGN GROUP INC Description City Vehicle Maint Svcs:PW CIP CITY VEHICLE MAINT SVCS:PW MAI City Vehicle Maint Svcs:TCSD Amount Paid Check Total RECREATION SUPPLIES:HIGH HOPES PGRM Misc supplies: Special Events Misc supplies:recreation prgm Misc supplies: Special Events refund:pd twice:bus lic 035554 refund:eng grad dep:LD01-139GR Feb prgs pmt:rrsp desilting basin Vehicle Repair: Medics Res Impry Prgm: Schmit Apr -Jun postage mtr lease:central srvcs Var pool supplies:citywide Equip repair & maint:Sta 84 Equip repair & maint:Library Equip repair & maint:Sta 73 Equip repair & maint:CRC Equip repair & maint:City Hall Equip repair & maint:FOC Equip repair & maint:Sta 92 EQUIP REPAIR & MAINT:PW MAINT EQUIP REPAIR & MAINT:PW MAINT JAN PROF SRVCS: REDHAWK PRKS IMPRV 144276 03/10/2011 002176 RANCHO CALIF BUS PK ASSOC Apr -Jun assn dues:Diaz Rd Apr -Jun assn dues:City Hall Apr -Jun assn dues:FOC 183.48 4,695.52 84.76 224.21 28.45 72.90 161.10 35.00 995.00 27,655.36 38.20 1,795.00 271.60 44.02 166.25 166.25 166.25 166.25 166.25 190.00 166.25 38.61 237.03 1,341.95 1,159.32 1,273.98 1,051.03 4,879.00 84.76 486.66 35.00 995.00 27,655.36 38.20 1,795.00 271.60 44.02 1,187.50 275.64 1,341.95 3,484.33 Page:7 apChkLst Final Check List Page: 8 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144277 03/10/2011 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total Feb various water meters:TCSD Fac 3,116.49 Feb var water meters:TCSD & PW Feb floating meter- comm:PW Feb various water meters: Fire Stns Feb var water meters:TCSD svc lev C Feb water meter:28640 Pujol St 144278 03/10/2011 011853 RANCON COMMERCE CNTR Apr -Jun assn dues:Fire Stn 73 PH2,3&4 144279 03/10/2011 014027 RIVERSIDE CO ECO DEV Jul -Dec '10 staffing: Temecula Library AGENCY 144280 03/10/2011 008739 ROSE CITY LABEL Promotional items:history museum 144281 03/10/2011 014085 SEARS, OLIVER refund:sec dep:rm rental:TCC 144282 03/10/2011 014083 SHAW, JANET refund:credit on acct:TCSD 144283 03/10/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 3/3/11 144284 03/10/2011 009746 SIGNS BY TOMORROW Posters:civic center grand open Banner stands:childrens museum pool waterslide notice signage:crc 144285 03/10/2011 014072 SIHACHACK, KRISTINE 144286 03/10/2011 000645 SMART & FINAL INC 144287 03/10/2011 000537 SO CALIF EDISON refund:car repo:VICR Fee 1,203.47 593.14 508.66 12,666.95 2.48 546.32 83,720.00 200.00 150.00 44.80 635.00 80.15 489.60 58.05 18,091.19 546.32 83,720.00 200.00 150.00 44.80 635.00 627.80 118.00 118.00 MISC SUPPLIES:HIGH HOPES PGRM 167.43 MISC SUPPLIES:CHILDRENS MUSEI Feb 2-02-502-8077:43210 bus pk dr B Feb 2-29-657-2332:45538 redwood PE Feb 2-30-220-8749:45850 N Wolf Crk Feb 2-31-936-3511:46488 pechanga Feb 2-29-657-2563:42902 butterfield Feb 2-27-805-3194:42051 Main St Feb 2-28-629-0507:30600 Pau ba TOU Feb 2-32-903-8293:41000 Main TOU Feb 2-00-397-5067:28684 Harveston Feb 2-31-031-2590:28301 rancho cal Feb 2-29-479-2981:31454 Tem Pkwy Feb 2-29-974-7899:26953 Ynez LS3 Feb 2-29-953-8447:31738 wolf vly PEE Feb 2-30-520-4414:32781 Tem Pkwy L Jan 2-31-419-2659:26706 Ynez TC1 90.35 257.78 1,203.46 24.02 534.18 46.74 184.66 3,283.73 3,597.91 12,243.94 1,869.33 43.50 114.05 225.36 24.02 572.78 83.17 24,050.85 Page:8 apChkLst Final Check List Page: 9 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144288 03/10/2011 001212 SO CALIF GAS COMPANY 144289 03/10/2011 000282 SO CALIF MUNICIPAL ATHLETIC 144290 03/10/2011 012087 SODEXO SERVICES 144291 03/10/2011 002366 STEAM SUPERIOR CARPET CLEANING 144292 03/10/2011 011897 TAG/AMS INC 144293 03/10/2011 014071 TALLEN PRODUCTIONS 144294 03/10/2011 000305 TARGET BANK BUS CARD SRVCS 144295 03/10/2011 000168 TEMECULA FLOWER CORRAL 144296 03/10/2011 011736 TEMECULA TROPHY INC 144297 03/10/2011 000311 TEMECULA VALLEY HIGH SCHOOL 144298 03/10/2011 005970 TEMECULA VALLEY PLAYERS The Miracle Worker production: Thtr (Continued) Description Amount Paid Check Total Feb 091-085-1632-0:TES Pool Adult softball rule books:sports pgrm FEB SENIOR NUTRITION PGRM: MPSC Carpet cleaning svcs:city hall 2/23/11 CARPET CLEANING SVCS:WEST WI DOT random drug screening:HR Music Legends Then & Now 3/5/11 MISC SUPPLIES:RECREATION PRGM MISC SUPPLIES:CHILDREN'S MUSE Hospitality supplies:Theater Sunshine Fund Awards & plaques:recreation pgrm nametag: B. Brusko TVHS Fine Arts Gala 03/02/11 144299 03/10/2011 004274 TEMECULA VALLEY SECURITY CENTR 144300 03/10/2011 000919 TEMECULA VALLEY UNIFIED SCHOOL 144301 03/10/2011 003941 TEMECULA WINNELSON COMPANY 144302 03/10/2011 003849 TERRYBERRY COMPANY Locksmith srvcs:var park site Locksmith srvcs:var park sites Locksmith srvcs:parking garage Dec City vehicles fuel usage Plumbing supplies: various park sites Employee service awards: HR 144303 03/10/2011 014081 THOMAS, MARY refund:fit fun & fab 4200.102 14.79 1,200.00 14.79 1,200.00 445.00 445.00 1,375.00 450.00 1,825.00 65.00 65.00 6,560.97 6,560.97 134.37 80.48 95.92 310.77 68.46 68.46 744.94 8.16 753.10 481.25 481.25 2,879.53 2,879.53 90.00 16.31 7.50 113.81 35.24 35.24 70.69 70.69 96.97 96.97 18.00 18.00 Page:9 apChkLst Final Check List Page: 10 03/10/2011 2:12:33PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 144304 03/10/2011 010276 TIME WARNER CABLE Mar high speed internet:42081 main st Mar high speed internet:Library 144305 03/10/2011 007766 UNDERGROUND SERVICE Feb undrgrnd svcs alert tickets:PW ALERT 144306 03/10/2011 004261 VERIZON Mar xxx-3979 PD Mall fax line Mar xxx-5180 gen usage:79S !rig Ctr Mar xxx-7530 general usage:Library Feb xxx-0049 gen usage:Comerchero,, Mar xxx-0590 gen usage:TCC Alarm Amount Paid Check Total 58.48 525.87 186.00 156.16 40.42 368.09 37.01 82.82 584.35 186.00 684.50 144307 03/10/2011 004789 VERIZON ONLINE Mar SW DSL:PD:Jones, C. 39.95 39.95 144308 03/10/2011 014086 VISUWAN, JAMIE refund:picnic rental:Harveston 60.00 60.00 144309 03/10/2011 013556 WESTERN AUDIO VISUAL Release retention: Civic Center 93,066.19 93,066.19 144310 03/10/2011 008402 WESTERN RIVERSIDE property acquisition:FV Pkwy PW07-04 73,035.25 73,035.25 COUNTY 144311 03/10/2011 013757 WU, DI Performance Theater: March 13, 2011 3,255.00 3,255.00 144312 03/10/2011 003776 ZOLL MEDICAL CORPORATION Medical Supplies: Medics 174.37 174.37 Grand total for UNION BANK OF CALIFORNIA: 1,269,242.93 Page:10 apChkLst Final Check List Page: 11 03110/2011 2:12:33PM CITY OF TEMECULA 138 checks in this report. Grand Total All Checks: 1,269,242.93 Page:11 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 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 $3,824,183.48 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd 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 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 22, 2011 SUBJECT: Extension of Agreement with Lance, Soll & Lunghard, LLP for Audit Services PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council: 1. Approve a two year agreement extension with the City's independent auditor, Lance, Soll & Lunghard, LLP in the amount of $91,720. 2. Approve a 10% contingency amount for the two year period in the amount of $9,172. 3. Authorize the City Manager and City Attorney to execute all necessary agreements. BACKGROUND: On May 13, 2008, the City Council awarded a professional services agreement with a new firm, Lance, Soll & Lunghard, LLP, to serve as the City's independent auditors under a three year contract, ending December 30, 2010. This agreement was awarded after an extensive request for proposal and interview process . During the last three years, Lance, Soll & Lunghard, LLP, has been a valuable resource to the City by providing consistent, professional, and reliable financial expertise. The firm's management and staff respond timely to issues and have met all City established deadlines. The firm is also familiar with the City's accounting system and procedures, which will enable their professional staff to perform their audit work in an efficient manner. This will also benefit the City with continuity of firm personnel and minimal disruption to City staff during the audit. Furthermore, the firm assisted the City with understanding and implementing any new accounting and auditing pronouncements. The proposed audit fees have remained unchanged from fiscal year 2009-10, and all services to be performed, fee structure and billing methods will remain unchanged from the original agreement. FISCAL YEAR ENDING JUNE 30, 2011 and 2012 Engagement Service 2011 2012 a. City of Temecula $35,610 $35,610 b. Temecula Redevelopment Agency 5,080 5,080 c. Single Audit 2,170 2,170 d. GANN Limit* - - e. State Controller Report (City) 1,750 1,750 f. State Controller Report (RDA) 1,250 1,250 Total All -Inclusive Price *Included in cost of City Audit $45,860 $45,860 FISCAL IMPACT: Funds for the proposal will be programmed in both the Finance Department and Redevelopment Agency proposed fiscal years 2010-2011 and fiscal year 2011- 2012 budgets under consulting services Zine item in the annual amount of $45,860 plus 10% contingency of $4,586. ATTACHMENTS: Second Amendment to Agreement between City of Temecula and Lance, Soli & Lunghard, LLP, for Audit Services FIN12-02 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LANCE SOLL & LUNGHARD LLP FOR AUDIT SERVICES THIS SECOND AMENDMENT is made and entered into as of March 22, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Lance Soll & Lunghard LLP a Partnership (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 May 13, 2008, the City and Consultant entered into that certain Agreement entitled "Audit Services", in the amount of $133,870.00 plus 10% contingency in the amount of $13,387.00. b. On July 1, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Audit Services," to extend the term of the agreement to December 30, 2010. c. The parties now desire to extend the term of the agreement to April 1, 2013, increase the payment in the amount of $91,720.00, increase the contingency in the amount of $9172.00, amend Section 13 "Notices", and to amend the Agreement as set forth in this Amendment. follows: 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 April 1, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Ninety -One Thousand Seven Hundred Twenty Dollars and No Cents ($91,720.00), plus 10% Contingency of Nine Thousand One Hundred Seventy -Two Dollars and No Cents ($9,172.00) in total for fiscal year 2011 and 2012 additional audit services for a total Agreement amount of Two Hundred Twenty -Five Thousand Five Hundred Ninety Dollars and No Cents ($225,590.00), plus Contingency in the amount of Twenty -Two Thousand Five Hundred Fifty -Nine Dollars and No Cents ($22,559.00), for a total of Two Hundred Forty -Eight Thousand One Hundred Forty -Nine Dollars and No Cents ($248,149.00). 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soll Lunghard.Audit.Amend 2.FIN12-02.3-15-11 follows: 4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as "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 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 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soli Lunghard.Audit.Amend 2.FIN12-02.3-15-11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LANCE SOLL & LUNGHARD LLP (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Richard K. Kikuchi, Partner Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT LANCE SOLL & LUNGHARD LLP Attn: Richard K Kikuchi, CPA, Partner 203 North Brea Blvd., Ste 203 Brea, CA 92821 Phone: 714-672-0022 Fax: 714-672-0331 E -Mail: richard.kikuchi(a7lslcpas.com FSM Initials: Date: 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soil Lunghard.Audit.Amend 2.FIN12-02.3-15-11 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soli Lunghard.Audit.Amend 2.FIN12-02.3-15-11 L CERTIFIED PUBLIC ACCOUNTANTS • Brandon W. Burrows. CPA • OoWld L. Parker, C.P.A • Mkhael K CAiu C.PA • David E. Hal, C.PA, C. F.P. A PenskuN!Caporarion ^ Oenald G. Slater. C.PA • Richard K. Kikuchi. CPA • Susan F. Mali, C.P.A. September 17, 2010 Ms. Genie Roberts Finance Director City of Temecula 43200 Business Park Drive Temecula, CA 92589 Dear Genie: As you are aware, our contract with the City of Temecula for auditing services expires with the fiscal year ending June 30, 2010. Over the past three years, we have provided the City and Redevelopment Agency with auditing and accounting services which: • Produced a CAFR meeting all the requirements necessary to receive the Government Finance Officers Association Award for Excellence in Financial Reporting. • Met all Federal and State filing requirements for various audits and reports. • Provided assistance and information to your staff when required and helpful recommendations to management. We have made it an absolute priority to provide the City of Temecula with the best service available and we would like to continue to provide this level of service to the City. Since we are familiar with your accounting system, we will be able to perform an efficient audit under the new Auditing Standards, which will benefit the City with continuity of firm personnel and minimal disruption to City staff during the audit. In addition, we have structured staff rotation on your engagement so that the City will always receive a fresh look at its system and records. Towards this end, we would like to propose a new two year contract (Option years as noted in our original contract) in order to provide continuous and undisrupted auditing services to the City. As a part of our services, Lance, Soll & Lunghard, LLP will continue to provide extensive Government Accounting Standards Board (GASB) assistance to the City throughout the year. Lace, Sell i Lueohard, UP 203 Norm Brea Boulevard • Supe 203 • Brea, CA 92821 • TEL: 714.872.0022 • Fax: 714.672.0331 • rrrle.Ialqu.eul 41185 Golden Gate Circle • Suite 103 • Murrieta, CA 92562 - TEL: 951.304.2728 • Fax: 951.304.3940 5 R:IFinance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soll Lunghard.Audit.Amend 2.FIN12-02.3-15-11 •••• •••• • bean• MUG WOOLnr. City of Temecula September 17, 2010 Please see the attached Appendix A for our proposed fees for the fiscal years ending June 30, 2011 and 2012. As you will see, we have kept our fees constant with the prior year fee. The services to be performed, fee structure and billing methods would remain unchanged from our original agreement. Again, Lance, Soil & Lunghard, LLP looks forward to continue to provide quality services to the City of Temecula. Please sign below to acknowledge your acceptance of this agreement and return to my attention. Should you or any other representative of the City have additional questions regarding this agreement, please do not hesitate to contact Rich Kikuchi, Partner at (714) 672-0022. Very truly yours, pr:„,„ .,,Le9e-;c4thke, Genie Roberts, Finance Director Date Lance, Soil 8 Lunghard, LLP 203 North Brea Boulevard • Suite 203 • Brea, CA92821 • TEL: 714.872.0022 • Fee: 714.872.0331 WWW.I9icpas.cnm 41185 Golden Gate Circle • Suite 103 • Mu rriela, CA 92562 • TEL: 951.304.2728 • Fax: 951.301.3940 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soli Lunghard.Audit.Amend 2.FIN12-02.3-15-11 Appendix A City of Temecula Lance: Solt A Lunehard; LLP - quote for Audit Services 2010-11 2011-12 City $ 35,610 $ 35,610 Redovekpmtint Agency 5,080 5,080 Single Audit 2,170 2,1.79 City Controllers Report 1,750 1,750 !RDA Controllers Report 1,250 1,250 Total $ 45,660 $ 45260 '501 shall be prepared at a cost of $2,122 each year upon direction of the City. 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soil Lunghard.Audit.Amend 2.FIN12-02.3-15-11 ACQSQ CERTIFICATE OF LIABILITY INSURANCE.... PIX REOUNEYEAt, I1RIA °1'L'. at .Y. mime. (714)569-2700 FAX (714)S6E-309} Pri1laark<Evarest Illi urine* Services, Inc. A Leavitt Croup Co POF1109.6 1120E_ First Stever, 51. 300 Santa Ma, C4 92705 THIS CERTIFICATE 01163UlD AS A IIATT1;i19f INFORiblapol ONLY Mf cOiVI 1.0 mO.4TO UPON Till CRflAI1 HOLDER, TWO CERTIFICATE 00E5 NOT AMEND, EXTEND DR —M'UIM OZx___El4fr0 BY THE POa1=sE OW INIURERB.AHHO4DING CONERAOE mei sows, Lance. 5011 1 La.nlhtr . LLP 203 M. Bros d., 1203 "�t+ct01~(3 Eras, CA 92821 APR ta.+wer Volley feria Has. Co. 20441 ft;/ 203 - N, ..,a �gtteaetal tT Transportation Insurance Co MOO; i 12 al pp. err. �fJNr_LSO.-- amain0 e.aa 04/01 011 SUMO ETNT NW TMT PIX REOUNEYEAt, I1RIA °1'L'. at CIO. c8 06.11 9CELAll2DIKON TEV ORW OORIO Tee l TeMAPCO AM:00E0 HAVE BEEN NU TO TIE Mlltyltd.N40o*sow fdt TWO mum. mice CAT NOSIIMNISSIOSSI N OF ANY CCNTMNEA O.Re CT OR DOwT WITS RUNS? TOMTli ICH a CIRTPCATE WY W OWOSDOR eY THL mums oeouosc0 MOWN 4 oun.ecT TOM1 TNI 1S5.41, luaus tore No conCSTCoSOF BOCTA WAN MN FIEDOCED aY PAO CIAXN. 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If SUBROGATION IS WAIVED. subject 10 fie berms and oondllore al are poky. certain poLoes mar repute a, entarw'*.t A eletemert on the oertncxes does not confer rghbt >D F coN[cate rcMw I n ,leu c1' such endorsemenYel. DISCL*JMER Tho DanKcsM d hnsuranoe ors t e re. arca stye cr SIB 1pm1 does ret ocrolltele a convect brreen Na ff0111)9 mu reqs). /unmet] reorHSNTdf W & Dr, .Juoer, and to certificate nailer, nor dust a nlnnals.el1 a nepatvery ame. d. mend ce aper the coverage sflorded by the 1leloes fisted Iherece. %CORD n0001401 10 R:IFinance/Agreements/Finance Dept Agreements/Agreements 2011-12/Lance Soli Lunghard.Audit.Amend 2.FIN12-02.3-15-11 Item No. 5 Approvals City Attorney Director of Finance City Manager OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 22, 2010 SUBJECT: First Amendment to Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2010-2011 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve a First Amendment to Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-2011 in the amount of $30,000 for a total agreement of $95,000. BACKGROUND: On June 22, 2010, the City Council approved an agreement in the amount of $65,000 for Landscape Plan Check and Inspection Services for fiscal year 2010-11. The City now desires to increase the amount by $30,000 due to the amount of applications being processed for residential landscaping of Paseo Del Sol, Harveston and Redhawk. Community Development Department's Planning Division has, for the past sixteen years, utilized the services of a landscape architectural firm to provide plan check and inspection services. The Planning Department requires the services of a licensed Landscape Architect for their expertise in utilization of appropriate plant types to be used in our climatic region, for calculations of project site landscape water budget, and irrigation system design. The licensed Landscape Architect is also utilized for their professional inspection of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. FISCAL IMPACT: Appropriate funds are budgeted in the FY 2010-2011 Planning Department Consulting Services' line item. All consultant fees will be paid by applicants and depostied into the City's General Fund in accordance with the approved fee schedule shown in Exhibit "B" of the original agreement. ATTACHMENTS: First Amendment to Agreement for Landscape Plan Check and Inspection Services FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BLANCA Y PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of March 22, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Blanca Y Price, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Check and Inspection Services", in the amount of $65,000. b. The parties now desire to increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Thirty Thousand Dollars ($30,000) for additional Landscape Plan Check and Inspection Services for a total Agreement amount of Ninety -Five Thousand Dollars ($95,000). 3. Section 13 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 1 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Blanca Y. Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Blanca Y. Price, Owner Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 951-837-3234 Phone Blancayprice(a)gmail.com FSM Initials: Date: 3 Item No. 6 Approvals City Attorney Director of Finance City Manager Me -r - Jaz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 22, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Storm Drain Improvements, Calle Fiesta Storm Drain Extension Project No. PW10-07 PREPARED BY: Amer Attar, Principal Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Storm Drain Improvements, Calle Fiesta Storm Drain Extension Project No. PW10-07. BACKGROUND: Various locations in the City have been identified as requiring localized improvements to existing storm drain systems to correct flooding and erosion problems that occur during storm events. This project consists of extending an existing City - maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point located on a private property. The project will redirect street runoff from Calle Fiesta to a location near the base of the slope where the erosive velocities will be minimal. The project will include backfilling the eroded portions of the slope and placement of hydro -seed upon completion of the work. The necessary drainage easement for future City access and maintenance of the new pipe is being pursued and will be secured prior to start of construction. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $120,000.00. FISCAL IMPACT: The Citywide Storm Drain Improvements, Calle Fiesta Storm Extension project is included in the City's FY11-15 Capital Improvement Program (CIP) and is funded with Capital Project Reserves. Adequate funds are available in the project accounts. ATTACHMENTS: 1 Location Map 2. Project Description PROJECT LOCATION CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA STORM DRAIN EXTENSION PROJECT PROJECT NO. PWIO-07 . o❑[ LThmLdL CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure Project Project Description: Design and construct storm drain improvements on several streets that flood during each storm event, including Rancho California Road at Vincent Moraga Drive, and Calle Fiesta, as well as other various locations in future years. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. Project Status: This project is estimated to be complete by end of fiscal year 2011. Department: Public Works -Account No. 210.165.715 Priority: I Project Cost: Actua Is to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Administration $ 26,100 $102,000 $ 53,000 $ 181,100 Acquisition $214,704 $421,084 $ 62,500 $ 62,500 Construction $183,196 $ 280,000 $120,000 $ 583,196 Construction $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Engineering $ 12,000 $ 12,000 Design $ 5,408 $ 6,584 $ 57,000 $ 68,992 Environmental $ 2,000 $ 19,000 $ 21,000 MSHCP $ 18,500 $ 10,660 $ 29,160 Totals $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Capital Project Reserves $214,704 $421,084 $ 635,788 Unspecified* $322,160 $ 322,160 Total Funding: $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 2,500 $ 2,550 $ 2,601 $ 2,653 $ 2,706 *Project cannot be constructed until a funding source is identified. 91 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 22, 2011 SUBJECT: Approval of a Reimbursement Agreement with Rancho California Water District for the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project - Phase I, Project Number PW07-04 PREPARED BY: Avlin Odviar, Senior Engineer- CIP William Becerra, Associate Engineer- CIP RECOMMENDATION: That the City Council approve the Reimbursement Agreement Between The Rancho California Water District (RCWD) and The City of Temecula For Madison Avenue 54 -Inch Water Transmission Main Relocation (RCWD Project No. D1505) in an amount not to exceed $3,400,000.00 to reimburse RCWD for the costs associated with providing plans, specifications, administration, construction, and inspection necessary to provide the relocation and authorize the City Manager to sign the agreement. BACKGROUND: The construction of the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project — Phase I, Project Number PW07-04, necessitates the relocation of an existing RCWD 54" water transmission line from future Caltrans right of way. This relocation is necessary in order to construct the proposed freeway improvements. In addition, Caltrans does not allow longitudinal utilities within the future State right of way. Since time is of the essence, it is appropriate for RCWD to take lead on this relocation effort. As such, RCWD will oversee the development of work through the design and construction phases. This agreement provides the mechanism to reimburse RCWD for the costs they incur. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway / Interstate -15 Over -Crossing and Interchange Improvements Project, Phase I within its Capital Improvement Program. The cost of this agreement will be covered by TUMF Community Environmental Transportation Acceptability Process (CETAP) funds secured in Agreement No. 11-72-036-00 between the City and Riverside County Transportation Commission (RCTC) on December 14, 2010. ATTACHMENTS: 1. Reimbursement Agreement with RCWD 2. Project Location 3. Project Description REIMBURSEMENT AGREEMENT BETWEEN THE RANCHO CALIFORNIA WATER DISTRICT AND THE CITY OF TEMECULA FOR MADISON AVENUE 54 -INCH WATER TRANSMISSION MAIN RELOCATION [RCWD PROJECT NO. D1505] THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 20 ("effective date"), between the CITY OF TEMECULA, a California municipal corporation, hereinafter referred to as "City" and the RANCHO CALIFORNIA WATER DISTRICT, a special district organized and operating pursuant to the California Water District Law, Division 13 commencing with Section 34000 of the California Water Code, hereinafter referred to as "RCWD." The City and RCWD shall each be referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises and covenants contained herein, the Parties mutually agree as follows: 1. RECITALS. A. On December 14, 2010, the City approved an agreement between the City and Riverside County Transportation Commission (RCTC) for the Funding of Transportation Uniform Mitigation Fee (TUMF) Community Environmental Transportation Acceptability Process (CETAP) Corridor Improvements on the Regional Arterial System of Highways and Arterials for the French Valley Parkway/I-15 Overcrossing and Interchange Project — Phase 1 (Agreement No. 11-72-036-00) ("TUMF CETAP Agreement"). A true and correct copy of the TUMF CETAP Agreement is on file in the office of the City Clerk of the City of Temecula. B. The TUMF CETAP Agreement acknowledged that the Western Riverside Council of Governments (WRCOG) was selected to administer the overall TUMF Program pursuant to applicable state laws including Government Code Sections 66000 et seq. and that WRCOG entered into a Memorandum of Understanding with RCTC dated July 10, 2003, and revised on September 10, 2008, regarding the allocation of the $400 million in TUMF Regional funds to be made available to RCTC for programming. C. RCTC agreed, pursuant to the TUMF CETAP Agreement, to distribute to the City the TUMF CETAP Funds specified therein and to participate in the French Valley Parkway/I-15 Overcrossing and Interchange Project — Phase 1 (PW07-04) ("Project") as provided in the TUMF CETAP Agreement. Specifically, RCTC agreed to distribute TUMF CETAP Funds to the City for the Work described in Section 3.1 of the TUMF CETAP Agreement, which included right of way acquisition and utility relocation and construction D. The City's proposed construction of the Project requires the relocation of certain facilities owned by RCWD. Specifically, the Project requires the relocation of existing water pipeline facilities owned by RCWD that are located within and adjacent to the Project limits ("Relocations"). E. The purpose of this Agreement is to establish the responsibilities of the Parties as it relates to the Relocations. Such Relocations, which are described on Exhibit "A" hereto, will be performed by RCWD separately from the City's construction of the Project, in accordance with the terms of the Agreement. 2. REIMBURSEMENT. A. RCWD's internal (labor) and external (consultant/contractor) expenses shall comprise the costs of the Relocations, which include but are not limited to field investigations, engineering/design, preparation of environmental documentation, development of plans and specifications, solicitation of bids, facility construction, inspection, construction services (engineering support, staking, and soils/material testing), and systems operations activities. B. Pursuant to a letter dated October 13, 2010, the City acknowledged that based on the information available to the City at that time, the City determined that the Project is responsible for the cost of the Relocations. The City and RCWD acknowledge that the City will use TUMF CETAP Funds to pay for the costs of the Relocations, and that the City will reimburse RCWD for the costs of the Relocations in accordance with the terms of this Agreement ("Reimbursement"). C. The estimated Reimbursement for the Relocations as of the effective date of this Agreement is depicted on Exhibit "B" hereto, which includes applicable contingency amounts to account for unforeseen changes during RCWD's performance of the Relocations. City shall make regular Reimbursement deposits with RCWD in accordance with the deposit call schedule, also depicted on Exhibit B. RCWD shall submit to the City invoices requesting such deposit calls, which shall be due and payable within thirty (30) days of receipt. D. RCWD may adjust estimated Reimbursement and deposit calls (higher or lower) upon RCWD's receipt of sealed bids and construction contract amount. RCWD shall notify the City, in writing, of adjustments to estimated Reimbursement and/or deposit calls. Actual Reimbursement will be determined upon RCWD's reconciliation of costs for the Relocations upon completion of the Relocations and upon the one-year anniversary of the filing of the Notice of Acceptance for the Relocations. Any excess deposit amounts will be refunded to the City by RCWD, and any deficit deposit amounts will be invoiced to the City by RCWD, which shall be due and payable within thirty (30) days of receipt. 3. CONSTRUCTION. A. General. RCWD requires the contractor performing Relocations to possess either an "A" or "C34" Contractor's License, issued by the State of California. B. Bidding and Performance. RCWD shall prepare all construction contract documents for the Relocations that will be advertised for receipt of sealed bids. Upon RCWD's receipt of sealed bids and selection of the lowest responsive and responsible bidder for the Relocations (hereinafter referred to as "Contractor"), RCWD shall notify City, in writing, of its intent to award a construction contract for the Relocations. 1305827v4 C. Payment . RCWD shall make payment to its consultant(s) and/or Contractor for work performed associated with Relocations. 4. PLANS, PERMITS, AND CONTACTS. Plans and Specifications. As part of RCWD's preparation of the construction contract documents, the City shall review and approve all RCWD plans and specifications associated with the Relocations in conjunction with its performance of the Project. CEQA. RCWD shall prepare all documentation and obtain any and all environmental clearances as may be necessary for the Relocations, including but not limited to, compliance with requirements imposed under the California Environmental Quality Act ("CEQA"). Agreement Management. Management and administration of the terms expressed herein shall be performed by RCWD for the Relocations. RCWD agrees to designate Mr. Corey Wallace, Engineering Manager, as the contact for RCWD in regards to this Agreement. City agrees to designate Mr. William Becerra, Associate Engineer, as a point -of -contact for City to facilitate the Reimbursement for the costs of Relocations identified herein. 5. INSPECTION. A. RCWD shall provide all field inspection of Relocations. B. RCWD's inspection personnel shall have the authority to enforce RCWD's construction plans and specifications for the Relocations, including associated work that may be within the limits of the Project. C. RCWD shall allow the representatives of the City and RCTC to inspect or review the progress of the Relocations at any reasonable time in order to determine whether the terms of this Agreement are being met. 6. INSURANCE. A. Insurance Requirements. The insurance required for the Relocations of RCWD's facilities shall be consistent with the insurance requirements set forth in Section 3.13 of the TUMF CETAP Agreement. RCWD shall require its contractors and subcontractors to obtain insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained through the term of this Agreement, or until completion of the Relocations, whichever occurs last. B. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Relocations or be no less than two times the occurrence limit. Such insurance shall: 1305827v4 1. Name the City and RCTC, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Relocations and shall contain no special limitations on the scope of coverage or the protection afforded to the above insured parties. 2. Be primary with respect to any insurance or self insurance programs covering the City and RCTC, and/or their respective officials, officers, employees, agents and consultants; and 3. Contain standard separation of insured provisions. C. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired, and non -owned vehicles. D. Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than one million dollars ($1,000,000). Professional liability insurance shall only be required of design or engineering professionals. E. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than one million dollars ($1,000,000) each accident. 7. INDEMNITY. RCWD and the City each hereby agree to indemnify, defend, and hold harmless the other Party and their respective directors, officials, officers, employees and agents from and against any claims, actions, damages and liabilities arising out of or in any manner connected with the activities governed by this Agreement due to any negligent acts, errors or omissions or willful misconduct of the indemnifying Party performed in connection with such Party's duties and obligations hereunder. 8. NOTICES. ALL NOTICES UNDER THIS AGREEMENT SHALL BE SENT AS FOLLOWS: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92589-9017 Attn: Corey Wallace, Engineering Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589 Attn: Greg Butler, Director of Public Works/City Engineer Either Party may change its address for notices by notifying the other Party. All notices given at the most recent address specified shall be deemed to have been properly given. 1305827v4 9. AMENDMENT. Any Amendments to this Agreement must be in writing and signed by both Parties. 10. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of the County of Riverside, State of California. 11. ATTORNEY'S FEES. If either Party commences and action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs from the losing Party. 12. TIME OF ESSENCE. Time is of essence for each and every provision of this Agreement. 13. INTERPRETATION AND HEADINGS. This Agreement shall not to be construed against the Party preparing it, but shall be construed as if both Parties prepared it. Headings in the Sections or paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision of this Agreement. 14. SEVERABILITY. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 15. PROVISIONS BINDING. This Agreement and the Exhibits attached hereto are binding on the heirs, representatives, successors, and assigns of the Parties of this Agreement. 16. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed original signatures, and will be followed by delivery of the original signature pages by U.S. Mail. 1305827v4 17. AUTHORITY TO SIGN AGREEMENT. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the Parties hereto. IN WITNESS WHEREOF, this Agreement has been executed as of the day, month and year first above written. RANCHO CALIFORNIA WATER DISTRICT By: Matthew G. Stone, General Manager ATTEST: Kelli Garcia, District Secretary CITY OF TEMECULA By: Shawn Nelson, City Manager Approved as to form: By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk 1305827v4 EXHIBIT "A" RELOCATIONS • Remove approximately 850 linear feet of existing 54 -inch diameter water transmission pipeline and appurtenances within Madison Avenue, between Auto Mall Parkway (in the City of Murrieta) and McCabe Court (in the City of Temecula). • Abandon in-place approximately 1,150 linear feet of existing 54 -inch diameter water transmission pipeline and appurtenances within Rancon Center Boulevard, between Jefferson Avenue and Madison Avenue (in the City of Murrieta). Associated above - grade appurtenant facilities to be removed. • Abandon in-place approximately 750 linear feet of existing 54 -inch diameter water transmission pipeline and appurtenances within an existing easement to Rancho California Water District, between Rancon Center Boulevard and Auto Mall Parkway (in the City of Murrieta. Associated above -grade appurtenant facilities to be removed. • Abandon in-place approximately 500 linear feet of existing 54 -inch diameter water pipeline and appurtenances within Madison Avenue, between McCabe Court and Buecking Drive (in the City of Temecula). Associated above -grade appurtenant facilities to be removed. • Construct approximately 3,000 linear feet of new 54 -inch diameter water transmission pipeline and appurtenances within Buecking Drive, between Madison Avenue and Jefferson Avenue (in the City of Temecula); and within Jefferson Avenue, between Buecking Drive (in the City of Temecula and Date Street/Rancon Center Boulevard (in the City of Murrieta). Abandon in-place approximately 1,150 linear feet of existing 54 -inch diameter water transmission pipeline within Date Street, between Jefferson Avenue and Madison Avenue (in the City of Murrieta) stree, ate Abandon in-place approximately 750 linear feet of existing 54 -inch diameter water transmission pipeline within an existing easement to Rancho California Water District, between Date Street and Auto Mall Parkway (in the City of Murrieta) Remove approximately 850 linear feet of existing 54 -inch diameter water transmission pipeline within Madison Avenue, between Auto Mall Parkway (in the City Of Murrleta) and McCabe Court (in the City of Temecula) ej . .- e • = - • • • • 001%,1:0*- as-e,� 14W'' 11• • � �. Linde hye • • .♦i _,Abandon in-place approximately 500 linear feet of existing 54 -inch diameter water pipeline within Madison Avenue, between McCabe Court and Buecking Drive (in the City of Temecula) 0010 et Stire 4e Construct approximately 3,000 linear feet of new 54 -inch diameter water transmission pipeline within Buecking Drive, between Madison Avenue and Jefferson Avenue (in the City of Temecula); and within Jefferson Avenue, r between Buecking Drive (in the City of Temecula and Date StreetjRaneon Center Boulevard (in the City of Murneta) r Rancho California Water District Pest Off he Box 9017 Temecula, CII 923499017 1961}290-5900 Rancho California Water District D1505 French Valley Parkway Facilities Relocation Project Exhibit A EXHIBIT "B" REIMBURSEMENT (SEE ATTACHED SHEET) 1305827v4 EXHIBIT B- REIMBURSEMENT ESTIMATE March 9, 2011 Project Title: Madison Avenue 54 -inch Water Transmission Pipeline Relocation Project Number: D1505 DESIGN PHASE Estimated Costs % of Total Project Cost RCWD Labor (Engineering) $30,000 0.9% Professional Services Pre -Design Utility Verification $3,300 0.1% Feasibility Study $10,000 0.3% Engineering/Design/Contract Documents $198,000 5.8% Misc. Project Costs Misc. Costs (Permits, Duplication, Filing Fees, etc.) $5,000 0.1% Contingency $18,700 0.6% Total Design Phase Estimate 1 $265,000 7.8% CONSTRUCTION PHASE Revised Budget % of Total Project Cost RCWD Labor (Engineering, Inspection, Operations) $210,000 6.2% Construction Contract New Pipeline Construction $2,224,000 65.4% Existing Pipeline Removal $150,000 4.4% Existing Pipeline Abandonment $170,000 5.0% Professional Services (Consultant) Engineering Support $50,000 1.5% Soils and Material Testing $50,000 1.5% Surveying/Staking $25,000 0.7% Contingency $256,000 7.5% Total Construction Phase Estimate 1 $3,135,000 92.2% TOTAL PROJECT ESTIMATE $3,400,000 100.0% REIBURSEMENT DEPOSIT CALL SCHEDULE 1) Design Phase Deposit Call: a. Due and payable upon Parties' execution of Agreement b. Amount equal to the Total Design Phase Estimate 2) Construction Phase Deposit Calls: a. Initial deposit call due and payable upon RCWD's award of construction contract b. Initial deposit call amount equal to $500,000 c. Each subsequent deposit call amount equal to $500,000, or a portion thereof, as supported by RCWD's actual progress payments to Contractor and/or consultants FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE I Circulation Project Location 54 . IDOL atipii_raftextda FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS—PHASE I Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate -15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate -15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit: Project will improve traffic circulation by providing another southbound off -ramp from Interstate -15 and add a lane to the Interstate -15 southbound off -ramp to Winchester. Project Status: The plans, specifications, and estimates, are expected to be complete during fiscal year 2011. Construction is expected to be complete by fiscal year 2013. Department: Public Works—Account No. 210.165.719 Priority: 1 Project Cost: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost Administration $ 266,114 $ 325,812 $ 215,000 $ 110,000 $ 916,926 Acquisition $ 2,256,992 $1,631,631 $ 215,000 $ 110,000 $ 3,888,623 Construction $ 444,203 $ 13,822,348 $ 7,211,726 $ 21,034,074 Construction Engineering $ 651,369 $ 325,812 $ 2,000,000 $ 1,000,000 $ 3,000,000 Design $ 1,033,242 $ 961,625 $ 1,994,867 Environmental $ 51,000 $ 51,000 MS HCP $ 72,618 $ 1,600,000 $ 72,618 Totals $ 3,556,348 $3,042,686 $ 16,037,348 $ 8,321,726 $ - $ - $ - $ 30,958,108 Source of Funds: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost Capital Project Reserves $ 215,000 $ 110,000 $ 325,000 DIF (Street improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 651,369 $ 325,812 $ 939,256 $ 878,744 $ 2,795,181 Reimbursement/Other (Murrieta Dedication) $1,631,631 $ 1,631,631 SAFETEA-LU $ 1,600,000 $ 1,600,000 TUMF (ROTC)" $ 2,460,776 $ 14,883,092 $ 2,533,096 $ 19,876,964 TUMF (WRCOG)*" $1,085,243 $ 3,199,886 $ 4,285,129 Total Funding: $ 3,556,348 $3,042,686 $ 16,037,348 $ 8,321,726 $ - $ - $ - $ 30,958,108 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 15,000 1 $ 15,300 $ 15,606 *TUMF Regional funding programmed in RCTC Regional TIP ($20 million total) - See also Phase II. **TUMF Zone Funding programmed in SW Zone TTP for PS&E-$8,925,000; PAED-$2,650,000 - See also Phase II. 55 Item No. 8 Approvals City Attorney Director of Finance City Manager OOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: March 22, 2011 SUBJECT: Approve the Sponsorship Requests for the 2011 Temecula Valley Balloon & Wine Festival PREPARED BY: Christine Damko, Econmic Development Analyst RECOMMENDATION: That the City Council: 1. Approve the Event Sponsorship Agreement in the amount of $26,775 for the 2011 Temecula Valley Balloon & Wine Festival and authorize the Mayor to execute the Agreement. In addition, the Festival requests that the City will provide temporary logistical support of the traffic control signs and devices to assist with public safety during the Festival estimated at $3,200. BACKGROUND: The Temecula Valley Balloon & Wine Festival continues to be a popular signature event, attracting thousands of residents and visitors of all ages. The Economic Development Committee of the City Council (Mayor Roberts and Mayor Pro Tem Washington) met to review the budgets on this special events and recommended continued support at the levels indicated in this staff report. The events increase tourism revenue for the City's restaurants, hotels, shopping centers, Old Town and wineries. This funding is provided through the Economic Development budget within the City's General Fund. In addition, City support services comes from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. Staff has received a request from The Temecula Valley Balloon & Wine Festival Association to provide $35,000 cash plus temporary use of traffic safety signs and devices valued at $3,200. Due to the current economic climate, the Economic Development Subcommittee recommended that the City continues to support the Balloon & Wine Festival at a level of $26,775 cash plus provide the temporary use of traffic safety signs and devices. The 2009 Balloon & Wine Festival received City sponsorship of $26,775 cash plus the temporary use of traffic safety signs and devices. The Annual Balloon & Wine Festival will be held at Lake Skinner on June 3-5 2011. The 2011 Temecula Valley Balloon & Wine Festival will maintain the same format as in previous years with sunrise hot air balloon launches, evening balloon glows, two entertainment stages and a Kid's Faire. The Festival will have food, arts and crafts and commercial product vendors including local and regional vendors. The Temecula Valley Balloon & Wine Festival's marketing program will include a full social networking campaign. The marekting program will include, advertising in newspapers, media kits, press releases and photos. Additionally marketing will also include commercials and promotions with radio stations from Rivrside, Orange County, Los Angeles to San Diego Counties; local cable television advertisements; collateral materials; and an aggressive publicity campaign targeted for Riverside, Orange County, Los Angeles to San Diego Counties; major magazines and Southern California newspapers. In addition, the Festival maintains a website, facebook, twitter and a blog site that carries event information and entertainment schedules which is linked to radio and television stations covering the Festival. FISCAL IMPACT: Adequate funds for the Temecula Valley Balloon & Wine Festival have been included in the FY2010-11 Operating Budget (Economic Development line item) for the recommended sponsorship amount of $26,775 cash. In addition, the logistical support costs are estimated at $3,200 and funds are available in the Public Works Budget. ATTACHMENTS: I. Temecula Valley Balloon & Wine Festival Attachment A — 2011 Temecula Valley Balloon & Wine Festival Agreement Attachment B — 2011 Balloon & Wine Festival Overview and Budget Attachment C — 2010 Balloon & Wine Festival Recap SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 22ND day of March , 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Balloon & Wine Festival Association (TVBWFA), 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 28th Annual Temecula Valley Balloon & Wine Festival (hereinafter referred to as the "Event") on June 3-5, 2011. The Event is a special event which is located at Lake Skinner. The Event is expected to draw between 30,000- 40,000 people for the event. b. Will Alcohol be served?: YES • NO c. The City desires to be a "Premier Sponsor" of the Event. d. Non -Compete: TVBWSA shall not produce, operate, participate, assist, consult or serve in the development, production, management, operation, marketing, promotion or combination thereof, of any other Balloon & Wine Festival, either alone or by joint venture, partnership agreement, or otherwise, in conjunction with any other Balloon & WOne Festival located within a radius of forty (40) miles from the City Hall location in Temecula, California. Event organizer cannot schedule a similar event within 180 days from the 2011 Temecula Valley Balloon & Wine Festival (time restrictions do not apply if the similar event is beyond the 40 mile radius). 2. TERM This Agreement shall commence on March 23, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than , unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for the City Sponsorship Payment of twenty-six thousand and seven hundred seventy-five dollars ($26,775.00) and Temporary Logistical Support in an amount of in-kind trade not to exceed $3,200 as provided in Exhibit B, the City shall be designated as a "Premier Sponsor" of the 2011 Temecula Valley Balloon Festival. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. c. TVBWFA shall support economies of the City of Temecula by promoting and utilizing local businesses (i.e. local food vendors, restaurants, wineries, crafters, etc.) first. d. Within 30 days of the effective date of this Agreement, TVBWFA shall submit a timeline showing the milestone dates that each TVBWFA marketing activity, inlcuidng but riot limited to public relations and media schedules, marketing measures and other promotional activites, wil occur. The purpose of this provision is to ensure that TVBWFA makes a good faith effort to maximize attendance at the Temecula Valley Balloon & Wine Festival. 4. SPONSORSHIP BENEFITS. In exchange for being a Premier Sponsor, the City shall receive the benefits as listed in Exhibit A. 5. SPONSORSHIP PAYMENT.The City Sponsorship Payment of twenty-six thousand and seven hundred seventy-five dollars ($26,775) shall be used to promote the Balloon & Wines Festival, as provided in Exhibit C, and pay for the entertainment at those venues at the Balloon & Wine Festival. 6. 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. 7. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event (recapping the 2011 event) should be completed and submitted to the City no later than January 1, 2012. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. 8. AUDIT. TVBWFA shall provide a financial audit by an independent certified public accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on an every other year basis. The Temecula Valley Balloon & Wine Festival submitted an audit with the recapping of the 2010 event therefore an audit will be required with the recapping of the 2012 event. 9. DISTRIBUTION OF PROCEEDS. The Temecula Valley Balloon & Wine Festival proceeds shall be utilized as follows: 1. Cover annual operating expenses for the eleven months between Balloon & Wine Festivals and start-up cash. 2. Balance is donated to community organizations. 10. TICKETS/SOUVENIERS. TVBWFA shall submit all event tickets, parking passes and official Festival souvenir merchandise to the Assistant City Manager no later than one full week proceeding the first day of the Balloon & Wine Festival. 11. RECEIPT OF PAYMENT. After the Temporary Logistical Support request and insurance have been submitted and approved and the event agreement has been executed in final form, TVBWFA shall receive the City Sponsorship Payment and Temporary Logistical Support, as outlined in this Agreement. 12. PERMITS TVBWFA shall file a written request to the Assistant City Manager and the Director of Public Works for the ise of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than ninety (90) days prior to the first day of the Balloon & Wine Festival. The City retains its governmental jurisdiction to determine whether to approve the request. TVBWFA shall return the provided materials in the same condition as received. 13. MEETING ATTENDANCE City Public Safety Staff shall attend all required TVBWFA pre -event public/safety meetings. 14. 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. 15. 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 May 3, 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) 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. 3) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurance for bodily injury, personal injury and property damage. 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 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, 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 insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the 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. 16. 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. 17. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner 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 riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 18. 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. 19. 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: 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 To Recipient: Temecula Valley Balloon & Wine Festival Association P.O. Box 1254 Temecula, CA 92593 15. INDEPENDENT CONTRACTOR 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. 20. 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. 21. 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 Temecula Valley Balloon & Wine Festival Association (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Carol Popejoy, Chief Executive Director Jeff Gavitt, Secretary Balloon & Wine Festival 41755 Rider Way, Unit 1 Temecula, CA 92590 951-676-6713 951-676-5921 (fax) FSM Initials: Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PREMIER SPONSOR (Attached) EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS (Attached) Notwithstanding the above, in no event shall the City Support Costs exceed $3,200 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION AUDIT REPORT June 30, 2010 CONTENTS l'age Independent Auditors' Report 1 Statement of Financial Position 2 Statement of Activities 4 Statement of Cash Flows 4 Notes to the Financial Statements Board of Directors Temecula Valley Balloon& Wine Festival Association Temecula, California INDEPENDENT AUDITORS' REPORT We have audited the accompanying statement of financial position of Temecula Valley Balloon & Wine Festival Association (A California Public Benefit Corporation) as of June 30, 2010, and the related statements of activities and cash flows for the fiscal year then ended. These financial statements are the responsibility of Temecula Valley Balloon & Wine Festival Association's management Our responsibility is to express an Opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Temecula Valley Balloon & Wine Festival Association as of June 30, 2010, and the changes in its net assets and its cash flows for the fiscal year then ended in conformity with accounting principles generally accepted in the United States of America. January 17, 2011 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Statement of Financial Position June 30, 2010 ASSETS Current Assets: Cash $ 524,187 Accounts receivable 109,188 Inventory 27,797 Prepaid e?:penses 12,036 Total Current Assets 673,208 Property and Equipment: Furniture and equipment Leasehold improvements Less accumulated depreciation Total Assets 34,378 2,800 (32,962) Total Capital Assets, Net 4,216 LIABILITIES AND NET ASSETS Liabilities Accounts payable Net Assets Unrestricted Total Liabilities and Net Assets See accompanying notes and auditor's report. 2 $ 677,424 $ 318,059 359,365 $ 677,424 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Statement of Activities For the Fiscal Year Ended June 30, 2010 REVENUE Unrestricted Contributions $ 160,142 Admissions 459,307 Concessions and other support 470,686 Total Revenue 1,090,135 EXPENSES Festival costs 860,854 General and administrative 277,725 Total Expenses 1,138,579 Change in Net Assets (48,444) Net Assets, July 1, 2009 407,809 Net Assets, June 30, 2010 $ 359,365 See accompanying notes and auditor's report. 3 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Statement of Cash Flows For the Fiscal Year Ended June 30, 2010 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets $ (48,444) Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation Expense 1,331 (Increase) decrease in operating assets: Decrease accounts receivable 18,463 Decrease prepaid expenses 310 Increase inventories (7,594) Increase (decrease) in operating liabilities: Increase accounts payable 76,876 NET CASH PROVIDED BY OPERATING ACTIVITIES BEGINNING CAST >I, JULY 1, 2009 ENDING CASH, JUNE 30, 2010 See accompanying notes and auditor's report. 4 40,942 483,245 $ 524,187 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Notes to Financial Statements For the Fiscal Year Ended June 30, 2010 NOTE 1 -NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES Nature of Activities The Temecula Valley Balloon er Wine Festival Association (the "Association") was organized in 1983 and was formed as a separate nonprofit public benefit corporation in 1991. The Association is a nonprofit organization and is dedicated to enhancing the charitable, cultural, educational and economic development of the region. The Association's support comes primarily from admission and concession fees related to the festival and From contributions. Basis of l'resentation The Association's policy is to prepare its financial statements on the accrual basis of accounting. This means that revenues are recorded when earned, rather than when received, and expenses are recorded when incurred, not when they are paid. Financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements of Not for - Profit Organizations. Under SFAS No. 117, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets and permanently restricted net assets. The Association has no permanently or temporarily restricted net assets. Recogniion of Revenue Contributions received are recorded as unrestricted, temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires, that is, when a stipulated time restriction ends or the purpose of a restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. The Associa tion does not have any permanently restricted net assets at June 30, 2010. Donated Services The Association receives a substantial amount of donated services in carrying out the Association's purpose. Approximately 10,150 hours of volunteer services were performed on behalf of the Association during the fiscal year ended June 30, 2010. Since these services do not meet the criteria specified in Statement of Financial Accounting Standards No. 116, Accounting for Contributions Received and Contributions Made, for recognizing a monetary value of these services, no such value has been assigned to these services in the Association's financial statements. 5 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Notes to Financial Statements For the Fiscal Year Ended June 30, 2010 NOTE 1- NATURE OF ACTIVITIES AND SIGNIFICANT ACCOUNTING POLICIES (continued) Inventory Valuation Inventories are stated at the lower of cost or market determined by the specific identification method. Property and Equipment Purchases of property, land, and equipment exceeding $1,000 individually are capitalized at cost. Donated items are recorded at their estimated fair value at the date they are received. Assets are depreciated and amortized using the straight -fine method using lives ranging from three to 40 years. Equipment 7 years Furniture and fixtures 7 years Leasehold improvements 10 years Vehicles 5 years Cash and Cash Equivalents The Association considers cash on hand and certificates of deposit with maturity dates of three months or less at the date of investment to be cash and cash equivalents. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Income Taxes The Association is a non-profit public benefit corporation organized under the laws of California and, as such, is exempt from federal and state income taxes under Section 501(c)(4) of the Internal Revenue Code and corresponding state statutes. Accordingly, no provision for income taxes has been provided for in the financial statements. NOTE 2 -CASH The total cash held in banks by the Association at June 30, 2010 includes $257,875 in monies that are deposited at Union Bank of California and $266,312 in monies that are deposited at Wells Fargo. Of those amounts, $51,481 is not covered by the Federal Depository insurance Corporation (FDIC). Management does not believe that this represents a significant risk to the Association and that the monies in excess of $250,000 are short-term in nature, pending payment of festival expenses. 6 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Notes to Financial Statements For the Fiscal Year Ended June 30, 2010 NOTE 3- ACCOUNTS RECEIVABLE Accounts receivable as of June 30, 2010 consisted of sponsorship income in the amount of $109,188. NOTE 4 - CAPITAL ASSETS Property and equipment as of lune 30, 2010 consisted of the following: Office furniture and equipment Leasehold improvements $ 34,378 2,800 Sub -Total 37,178 Less: accumulated depreciation (32,962) Total capital assets, net $ 4,216 NOTE 5 - OPERATING LEASE COMMITMENTS The Association leased an office facility under an operating lease which expired July 31, 2005 and continued on a month-to-month basis, with monthly rents in the amount of $1,800. The Association terminated this lease on August 31, 2009. In September 2009, the Association entered into an operating lease agreement for new administrative offices. The lease term began on September 1, 2009 and will expire on August 31, 2012. The Association will pay rent of $1,600 per month beginning November 1, 2009. Rent expense for the year ended June 30, 2010 was $15,800. The Association currently leases a copier for its office. The copier is under a five-year lease that began on September 30, 2009. Future minimum rental payments are: Amount 2011 $ 4,263 2012 4,263 2013 4,263 2014 4,263 2015 1,066 Total $ 18,118 7 TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION Notes to Financial Statements For the Fiscal Year Ended June 30, 2010 NOTE 6 — SUBSEQUENT EVENTS Events subsequent to June 30, 2010 have been evaluated through January 17, 2011, the date at which the Association's audited financial statements were available to be issued. No events requiring disclosures have occurred through this date. R 4:01 PM 03/16/11 Accrual Basis Ordinary Income/Expense Income 4820. RV Site Sales 1205. Bank Interest 4000. Festival Income 4100. Sponsor income 4150. Program sales 4200 • Admissions income 4279. Exclusive Festival Experience 4220. Office Ticket Sales 4230 • RV ticket sales 4235 • Friday Gate Admissions 4240 • Saturday Gate Admissions 4250 • Sunday Gate Admissions 4260 • Vons Ticket Sales 4270. Longs/CVS Ticket Sales 4275. Online ticket sales 4276 • Gold Club 4277. Silver Reserved Seating 4278. Food & Wine Pairing Total 4200 • Admissions income 4300 • Balloon income 4320 • Corporate balloons Total 4300 • Balloon income 4400 • Beverage income 4415 • Beer/Wine 4430. Ice 4480. Right Stage Hosp Bev Tickets Total 4400 • Beverage income 4500 • Commercial court income 4510 • Entry fees Total 4500 • Commercial court income 4600 • Food court income 4610 • Entry fees Total 4600 • Food court income 4650 • Parking income 4655 • Kids Fare 4656 • Kids Faire Ticket Sales 4658 • Entry Fees Total 4655 • Kids Fare 4700 • Souvenir income 4710 • Entertainment income 4760 • Hotel booking commisions 4810 • RV Commission 4900. Arts and crafts income 4910. Entry fees Total 4900. Arts and crafts income Total Income Expense 5460. Camping/RV Space 5000 • Operating expense 5010 • Bank charges and fees 5012 • Credit Card Charges/Fees 5015 • Copy machine 5020 • Depreciation expense 5025 • Dues/Licenses 5030 • Equipment repairs 5035 • Insurance -liability 5045 • Lease / rent 5048 • Utilites 5055 • Mileage 5060 • Postage 5065 • Printing 5070 • Seminars &travel 5072 • Travel Expenses 5080 • Supplies 5082 • Taxes 5085 • Telephone / office expense 5000 • Operating expense -Other Total 5000 • Operating expense 5100 • Payroll expense 5110 • Wages 5115 • Bonus &Commisions 5120 • Payroll tax expense 5125 • Employee benefit 5130 • Workman's compensation 5145 • Employer Paid Taxes 5150 • Meridian Service Fees Temecula Valley Balloon & Wine Festival Profit & Loss Budget vs. Actual July 2009 through June 2010 Jul' 09 -Jun 10 Budget $ Over Budget %of Budget 58,580 00 70 95 2,500.00 -2429.05 508 32 160,142.00 160,000 00 142.00 0.00 500.00 -500.00 6000 00 12,512 00 850000 4,012 00 0.00 42,000 00 -42,000.00 25,030 00 44,000 00 -18,970 00 147,835.05 175,500 00 -27,66495 43,106 00 49,000 00 -5,894 00 40,166 65 42,000 00 -1,833 35 28,842.00 40,000 00 -11,158.00 59,910 00 36,000 00 23,910 00 13,020 00 20,000 00 -6,980 00 9,475.00 25,000 00 -15,525 00 14,830 00 10,000 00 4,830 00 400]26.70 492000 00 -91 273 30 900.00 1,800 00 -900.00 900.00 1800.00 -900.00 253/71.64 298,940 00 -45,16836 1,727 26 3,500 00 -1/72 74 2146.00 400 00 1/46 00 257,644 90 302840 00 -45,195.10 64,804 00 56,465 00 8,339 00 64,804 00 56,465 00 8,339 00 50,836 00 43,000 00 7,836 00 50,836.00 43000 00 7,836.00 36,015 17 49500 00 -13484.83 15,354 45 23,004 00 -7,649 55 3350 00 2,841 00 509.00 18/04 45 25845 00 -7,140 55 17,865 99 30000 00 -12,134.01 386.00 500.00 -114.00 180 28 1000 00 -819.72 0.00 2,000 00 -2,000.00 22/70 00 25,000 00 -2230.00 22/70 00 25000 00 -2230.00 147 2% 00% 56 9% 842% 880% 956% 721% 1664% 65 1% 379% 148 3% 500% 849% 494% 5365% 1148% 1182% 66 7% 1179% 91 1% 2 8% 1001% 0 0% 81 4% 50 0% 85 1% 1148% 118 2% 72 8% 72 4% 59 6% 77 2% 18.0% 0 0% 91 1% 1090,134 76 1,192,950 00 -102,81524 0.00 1,090.00 -1,090.00 88128 73000 15128 13,644 93 5,000 00 8,644 93 8 175 35 5,000 00 3,175 35 1,331 00 2216 21 3,500 00 -1,283 79 1504 36 1900 00 -395.64 34,830 13 30,000 00 4,830 13 15,800 00 19,200 00 -3,400.00 2454 98 4,300 00 -1,845.02 1,03623 80000 23623 4,793 04 6,200 00 -1,406 96 1259 86 1,800 00 540.14 4,170 84 5,000 00 -829.16 2246 43 3,000 00 -753 57 5,]64.68 5,500 00 264.68 18,976 49 22,000 00 -3,023 51 7,063 33 5,000 00 2,063 33 400 95 126,550 09 118930 00 7,620 09 123/64.07 123,000 00 764.07 0.00 4,000 00 -4000 00 0.00 10,000 00 -10,000.00 4500 00 4,500 00 0.00 1387 50 1,200 00 187 50 12,284 80 63640 64000 -3.60 120 7% 2729% 1635% 633% 79 2% 116.1% 823% 571% 1295% 113% 70 0% 834% 74 9% 1048% 863% 141 3% 1000% 00% 00% 1000% 1156% 994% 91 4% 0 0% 1064% Page 1 4:01 PM 03/16/11 Accrual Basis 5100 • Payroll expense -Other Total 5100 • Payroll expense 5200 • Board expense 5210 • Supplies 5220 • Meetings 5230 • Shirts 5240 • Board Gift 5250 • Chairman Shirts Total 5200 • Board expense 5300 • Donation expense 5315 • G.O.H.S. Baseball 5320 • Volunteer Fire Dept. 5330 • High School/Trash Detail 5300 • Donation expense -Other Total 5300 • Donation expense 5400 • Command expense 5410 • Food & beverages 5430 • Radios 5440 • Supplies 5450 • Telephone Total 5400 • Command expense 5500 • Facilities 5515 • Fencing 5520 • Fuel 5525 • Electrical 5530 • Golf carts 5535 • Light towers 5550 • RVs & modulars 5555 • Signage 5560 • Equipment rental 5565 • Storage bins 5570 • Supplies 5575 • Tents 5580 • Toilets 5585. Trash/Clean-Up Total 5500 • Facilities 5700 • Marketing expense 5715 • Flyers/Rack Cards 5722 • Media Kits 5730 • Marketing supplies 5732 • Postage 5735 • Print marketing 5740 • Program 5745 • Radio 5750 • Marketing Fimi 5757 • Web -Site 5760 • Video Production 5762. Television 5765 • Assorted Services 5770 • Newsletters Total 5700. Marketing expense 5800 • Professional fees 5810. Accounting 5820 • Auditing 5850. Attomey Total 5800 • Professional fees 5900. Public safety 5910. Highway patrol 5920 • Security 5940 • Sheriffs 5950 • Supplies Total 5900 • Public safety 6000 • Sponsor expense 6040 • Sponsor Awards 6045 • Sponsor Night/Thank You Total 6000. Sponsor expense 6100 • Volunteer 6110 • Food 6120 • T-shirts 6130 • Printing 6135 • Meeting Room (s) 6140 • Online software program Total 6100 • Volunteer 6200 • Admissions expense 6210 • Park District - parking 6215 • Park District - tickets 6230 • Park District - RV Sales Temecula Valley Balloon & Wine Festival Profit & Loss Budget vs. Actual July 2009 through June 2010 Jul' 09 -Jun 10 Budget $ Over Budget %of Budget 000 142,572 77 4261 1,258 53 32 00 96010 1492 68 143340 00 150 00 2,500 00 250 00 1,000 00 1,800 00 - 76723 99 5% - 107 39 - 124147 - 21800 -39 90 - 307 32 28 4% 503% 12 8% 960% 829% 3,]8592 5,]0000 -1914.08 664% 6500 00 300000 300000 750 00 1325000 625 82 2,]01.74 3,416 41 47 96 6,]91 93 12,561 64 5,481 37 28/74 37 7940 39 ],269 57 8018 00 6,40212 3888 33 000 608.55 16,533 63 10,553 13 155 37 108,186 47 1,290 40 93791 411 69 348.28 8,42413 1521450 64,335 00 37,000 00 16,031 62 660 00 7 975 40 2,053 00 000 154,681 93 313500 1,661 55 000 4/9655 5535 02 32986.00 39,13223 695 13 78,348 38 708033 3361 15 10441 48 000 3,45917 1,542 28 50 00 300 00 8,000 00 3,000 00 3,500 00 14500 00 1 500 00 3,500 00 450 00 2100 00 7550 00 16,000 00 10 250 00 32,000 00 8,240 00 12 500 00 5 400 00 3,500 00 4,000 00 500 00 1 500 00 18,000 00 13 500 00 6 400 00 131,]90.00 2,800 00 60000 55000 1 20000 18,000 00 20,000 00 60,000 00 37 00000 14 20000 50000 750000 4,600 00 4,500 00 171,450.00 4,000 00 7,000 00 3,200 00 14 200 00 4,000 00 38,000 00 28,500 00 70500 00 8/00 00 5,000 00 13,]00 00 121000 3,500 00 4,000 00 50 00 500 00 5,351 45 9,260 00 1151 00 9 645 00 31,205 00 10]50 00 14,000 00 - 1,500 00 000 - 500 00 813% 1000% 85 7% - 1250.00 914% - 87418 - 798.26 296641 - 2,052 04 41 7% 77 2% 759 2% 2 - 758.07 90.0% - 3,438 36 - 4/68.63 - 3,225 63 - 299 61 523043 2,618 00 2,902 12 - 111.67 - 500 00 - 891 45 - 1,466 37 - 2,946 87 - 6,244 63 78 5% 535% 899% 964% 58 2% 148 5% 1829% 972% 00% 406% 91 9% 78 2% 2 4% - 23,60353 82.1% - 1,509 60 33791 - 138 31 - 851.72 - 9,575 87 - 4/85 50 4,335 00 000 1,831 62 16000 475 40 - 2,547.00 - 4,500 00 461% 1563% 74 9% 290% 46 8% 76 1% 1072% 1000% 1129% 1320% 1063% 446% 0 0% - 16/68.07 90 2% - 865 00 533845 - 3,200 00 784% 23 7% 0 0% - 9,40345 33.8% 1,535 02 - 5,014 00 10,632 23 1384% 86.8% 137 3% /84838 111.1% - 1,619 67 - 1,638 85 81 4% 672% - 325852 76 2% - 1210 00 -40 83 - 2457.72 000 - 200 00 00% 988% 386% 1000% 600% - 390855 51.8% - 3599.00 66 5% -4355.00 68 9% Page 2 4:01 PM 03/16/11 Accrual Basis 6270 • Ticket printing 6280 • On Line Ticket Company Total 6200 • Admissions expense 6300 • Balloon expense 6310. Accomodations 6320. Show -up incentives 6340 • Fuel 6390 • Tethered balloons Total 6300 • Balloon expense 6400 • Beverage expense 6410 • ABC license 6415 • Beer 6420 • Beverage supplies 6435 • Ice Total 6400 • Beverage expense 6600 • Entertainment expense 6610 • Entertainment Backline 6620 • Producer/Booking Agent 6630 • Producer/Booking Agent Total 6620 • Producer/Booking Agent 6640 • Food & Wine Pairing 6700. Main backstage supplies 6710. Accommodations 6730. Food 6770 • Sound & Lights 6780• Stages 6785 • Back Stage Hands Total 6700 • Main backstage supplies 6800 • Wne backstage supplies 6820 • Food Total 6800 • Wne backstage supplies 6900 • Entertainer acts 6910 • Kids Faire 6920 • Main stage 6930 • Wine stage 6940 • BMI License Fee Temecula Valley Balloon & Wine Festival Profit & Loss Budget vs. Actual July 2009 through June 2010 Jul' 09 -Jun 10 Budget $ Over Budget %of Budget 95.00 250.00 3025 00 51,121 00 25000 00 389532 2 800 00 519386 300000 ],200 00 3,000 00 6,600 00 3,000 00 14,889 18 19800.00 100.00 26,187 07 10000 630000 10000 18,000 00 50 00 6,000 00 32,687 07 24,150 00 8,41735 7,000 00 11,500 00 11,50000 11 500.00 11 500 00 1,448.02 50000 16,902 82 7,149 94 23,000 00 17,232 00 8,160 00 16000 00 ],500.00 23,000 00 18,000 00 5,000 00 72,444 76 69,500 00 302 86 302 86 3,850.00 163,590 22 8,125 00 2,378 88 Total 6900 • Entertainer acts 177944 10 Total 6600 • Entertainment expense 272,057 09 7050 • Reserved Seating Gold & Silver 7060 • Food 1,617 50 7050 • Reserved Seating Gold & Silver - 0... 30.52 Total 7050 • Reserved Seating Gold & Silver 1648 02 7300• Food court expense 7340 • Health Permit 1998 00 Total 7300 • Food court expense 1998 00 7400 • Kids faire expense 7410 • Kids Fair% 12,18240 7420 • Ticket Printing 345 99 Total 7400 • Kids faire expense 1252839 7500 • Parking 7510 • Supplies 120.00 7520 • Cones 305 50 7540 • Freeway Signs 586250 Total 7500 • Parking 6288 00 7600 • Souvenir expense 7620. Inventory purchases 12,691 07 7640 • Supplies 31843 Total 7600 • Souvenir expense 13,009 50 7700 • VIP expense 7720 • Food 0.00 7740 • Supplies 0.00 Total 7700. VIP expense 7800. Wne tasting venue expense 7810 • Glasses - plastic 2833.07 7815 • Glasses -tasting 14,15251 7860. Tickets 1237 94 7870. Wne 48,391 00 7880. Supplies 0.00 Total 7800. Wine tasting venue expense 7950. Post Festival Expense Taxes 10.00 Accounting 3,795 25 3,850.00 182,000 00 5,000 00 2,500 00 - 155.00 38.0% 26,121 00 204 5% - 3,304.68 - 200 00 - 1,40614 000 541% 933% 78 7% 1000% -4,910 82 75 2% 0.00 8,187 07 5000 300 00 1000% 145 5% 200 0% 1050% 8,537 07 135 4% 1,417 35 120 2% 000 000 100 0% 1000% 948.02 2896% 902 82 - 350.06 000 - 768 00 3160 00 1056% 953% 1000% 95 7% 163 2% 2,944 76 104 2% 0.00 -18,409.78 3,125 00 - 121 12 19335000 -15,40590 281850 00 -9/9291 350000 -1,88250 3,50000 -1,85198 1,800 00 198.00 1,800 00 198.00 16,100 00 -391760 290 00 55 99 16,390.00 -3,861.61 200 00 2,000 00 5,800 00 - 80 00 - 1,694 50 62 50 8000 00 -1/12 00 20,000 00 -7 308 93 200 00 118 43 20,200.00 -7,19050 50000 -500.00 250 00 -250.00 0.00 750.00 600 00 19,000 00 1 300 00 62,000 00 300 00 66,614 52 83200 00 1000% 899% 1625% 952% 920% 46 2% 111 0% 75 7% 1193% 600% 153% 101 1% 635% 1592% 00% 0 0% 96 5% 47 1% 76 4% 78 6% 64 4% -750.00 0.0% 2,233 07 - 4,84] 49 - 62 06 -13,609.00 - 300 00 472 2% 74.5% 952% 78.1% 0 0% -1658548 80.1% Page 3 4:01 PM 03/16/11 Accrual Basis 7950 • Post Festival Expense - Other Total 7950 • Post Festival Expense 7960 • Festival Event Supplies 7965 • Parking Passes 7970 • Credentials/Laminating 7975• Vendor Passes Total 7960 • Festival Event Supplies Total Expense Net Ordinary Income Net Income Temecula Valley Balloon & Wine Festival Profit & Loss Budget vs. Actual July 2009 through June 2010 Jul' 09 -Jun 10 Budget $ Over Budget %of Budget 313056 6935 81 1,361 80 2500 67 182 53 3,500 00 1500 00 1,300 00 4045.00 6300.00 - 2,138 20 1,000 67 - 1,117 47 389% 166]% 140% -2255.00 64 2% 1,138,578 55 1,192,950 00 54,37145 954% -48443.79 0.00 -48,443 79 100.0% -48,443.79 0.00 -48,443.79 100.0% Page 4 5:33 PM 01/27/11 Accrual Basis Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2011 through June 2012 Ordinary Income/Expense Income 4550 . Vendor Income 4560 - Vendor Insurance 4550 • Vendor Income - Other Jul '11 -Jun 12 6,000.00 90,000 00 Total 4550 • Vendor Income 96,000.00 4820 • RV Site Sales 1205 • Bank Interest 4100- Sponsor income 4200 • Admissions income 4279 • Exclusive Festival Experience 4220 • Office Ticket Sales 4235 • Friday Gate Admissions 4240 • Saturday Gate Admissions 4250 • Sunday Gate Admissions 4260 • Vons Ticket Sales 4270 • Longs/CVS Ticket Sales 4275 • Online ticket sales 4276 - Gold Club 4277 - Silver Reserved Seating 4278 • Food & Wine Pairing 60,000.00 80.00 165,000.00 8,000.00 8,000.00 31,000.00 156,000.00 44, 000.00 45,000.00 32,000,00 68, 000.00 15,000.00 13,000.00 16,000.00 Total 4200 • Admissions income 436,000.00 4300 • Balloon income 4320 • Corporate balloons 1,800.00 Total 4300 • Balloon income 1,800.00 4400 - Beverage income 4415 - Beer/Wine 4430 - Ice 4480 - Gold Club Bev Tickets Total 4400 • Beverage income 4600 • Food court income 4610 • Entry fees Total 4600 • Food court income 4650 • Parking income 4655 • Kids Fare 4656 • Kids Faire Ticket Sales 4658 - Entry Fees 300,000.00 2,200.00 2,500.00 304,700.00 50,836.00 ............._. __.. 50,836.00 47,000.00 21,000.00 3,350.00 Total 4655 - Kids Fare 24,350.00 4700 • Souvenir income 4710 • Entertainment income 4760 • Hotel booking commisions 22,000.00 500.00 400.00 Total Income 1,208,666.00 Expense 5000 • Operating expense 5058 - Meetings 450.00 5010 • Bank charges and fees 882.00 5012 - Credit Card Charges/Fees 13,700.00 5015 • Copy machine 8,200.00 5020 • Depreciation expense 1,200.00 5025 • Dues/Licenses 2,221.00 5030 • Equipment repairs 1,510.00 5035 • Insurance -liability 34,800.00 5045 • Lease / rent 15,800.00 5048 • Utilites 2,500.00 5055 • Mileage 1,200.00 5060 - Postage 5,000.00 5065 • Printing 1,500.00 5070 • Seminars & travel 4,500.00 5072 • Travel Expenses 2,500.00 Page 1 5:33 PM 01/27/11 Accrual Basis Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2011 through June 2012 5080 • Supplies 5082 • Taxes 5085 • Telephone / office expense Total 5000 • Operating expense 5100 - Payroll expense 5110 • Wages 5115 • Bonus & Commisions 5120 • Payroll tax expense 5125 - Employee benefit 5130 • Workman's compensation 5145 • Employer Paid Taxes 5150 • Meridian Service Fees Total 5100 - Payroll expense 5200 • Board expense 5210 • Supplies 5220 • Meetings 5230 • Shirts 5240 • Board Gift 5250 • Chairman Shirts Jul '11 - Jun 12 5,700.00 20,000.00 6,500.00 128,163.00 125,000.00 4,000.00 0.00 4,500.00 1,400.00 37,500.00 1,300.00 173,700.00 150.00 1,243.00 150.00 1,000.00 1,500.00 Total 5200 • Board expense 4,043.00 5300 • Donation expense 5315 - G.O.H.S. Baseball 8,000.00 5320 - Volunteer Fire Dept. 3,000.00 5330 - High School/Trash Detail 3,500.00 Total 5300 • Donation expense 14,500.00 5400 • Command expense 5410 • Food & beverages 800.00 5430 - Radios 2,900.00 5440 • Supplies 550.00 5450 • Telephone 2,100.00 Total 5400 • Command expense 6,350.00 5500 • Facilities 5515 • Fencing 15,000.00 5520 • Fuel 8,500.00 5525 • Electrical 29,000.00 5530 • Golf carts 8,000.00 5535 - Light towers 7,500.00 5550 • RV's & modulars 8,200.00 5555 • Signage 4,785.00 5560 - Equipment rental 4,000.00 5565 • Storage bins 500.00 5570 • Supplies 1,000.00 5575 - Tents 18,000.00 5580 - Toilets 12,000.00 5585 • Trash/Clean-Up 6,400.00 Total 5500 - Facilities 5700 - Marketing expense 5715 • Flyers/Rack Cards 5722 • Media Kits 5730 - Marketing supplies 5732- Postage 5735. Print marketing 5740- Program 5745 • Radio 5750 • Marketing Firm 5757 • Web -Site 5760 • Video Production 5762 - Television 5765 • Assorted Services 122,885.00 1,500.00 1,000.00 500.00 500.00 9,000.00 16,000.00 67,500.00 38,000.00 5,000.00 660.00 9,000.00 4,000.00 Page 2 5:33 PM 01/27/11 Accrual Basis Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2011 through June 2012 Jul '11 -Jun 12 Total 5700 • Marketing expense 152,660.00 5800 • Professional fees 5810 - Accounting 4,000.00 5820 • Auditing 8,600.00 5850 • Attorney 3,000.00 Total 5800 • Professional fees 15,600.00 5900 • Public safety 5910 • Highway patrol 5,600.00 5920 • Security 42,200.00 5940 • Sheriffs 20,000.00 5950 • Supplies 200.00 Total 5900 • Public safety 68,000.00 6000 • Sponsor expense 6040 • Sponsor Awards 7,200.00 6045 • Sponsor Night/Thank You 3,500.00 Total 6000 • Sponsor expense 10,700.00 6100 • Volunteer 6120 • T-shirts 3,500.00 6130 • Printing 1,550.00 6135 • Meeting Room (s) 50.00 6140 • Online software program 500.00 Total 6100 • Volunteer 5,600.00 6200 • Admissions expense 6210 • Park District - parking 7,151.00 6215 • Park District - tickets 9,645.00 6230 • Park District - RV Sales 31,205.00 6270 • Ticket printing 3,100.00 6280 • On Line Ticket Company 3,500.00 Total 6200 • Admissions expense 54,601.00 6300 • Balloon expense 6310 - Accomodations 4,200.00 6320 • Show -up incentives 2,800.00 6340 - Fuel 5,200.00 6390 • Tethered balloons 3,000.00 Total 6300 • Balloon expense 6400 • Beverage expense 6410 • ABC license 6415 • Beer 6420 • Beverage supplies 6435 - Ice 15,200.00 100.00 27.000.00 50.00 6,300.00 Total 6400 • Beverage expense 33,450.00 6600 • Entertainment expense 6610 • Entertainment Backline 8,500.00 6620 • Producer/Booking Agent 6630 • Producer/Booking Agent 11,500.00 Total 6620 • Producer/Booking Agent 11,500.00 6640 • Food & Wine Pairing 1,450.00 6700 • Main backstage supplies 6710 • Accommodations 16,000.00 6730 • Food 7,200.00 6770 • Sound & Lights 23,000.00 6780 • Stages 17,500.00 6785 • Back Stage Hands 8,160.00 Total 6700 • Main backstage supplies 71,860.00 6800 • Wine backstage supplies 6820 , Food 300.00 Page 3 5:33 PM 01/27/11 Accrual Basis Temecula Valley Balloon & Wine Festival Profit & Loss Budget Overview July 2011 through June 2012 Jul '11 - Jun 12 Total 6800 • Wine backstage supplies 300.00 6900 • Entertainer acts 6910. Kids Faire 3,850.00 6920 • Main stage 182,000.00 6930 • Wine stage 5,000.00 6940 • BMI License Fee 2,819.00 Total 6900. Entertainer acts 193,669.00 Total 6600 Entertainment expense 287,279.00 7050 • Reserved Seating Gold & Silver 7060 • Food 1.800.00 Total 7050 Reserved Seating Gold & Silver 1,800.00 7300 • Food court expense 7340 • Health Permit 2,000.00 Total 7300 - Food court expense 2,000.00 7400 • Kids faire expense 7410 • Kids Fair % 13,000.00 7420 • Ticket Printing 350.00 Total 7400 - Kids faire expense 13,350.00 7500 • Parking 7510 • Supplies 150.00 7520 • Cones 350.00 7540 • Freeway Signs 5,900.00 Total 7500 • Parking 6,400.00 7600 • Souvenir expense 7620 -Inventory purchases 18,000.00 7640 - Supplies 200.00 Total 7600 - Souvenir expense 18,200.00 7800 • Wine tasting venue expense 7810 • Glasses - plastic 800.00 7815 - Glasses - tasting 16,000.00 7860 • Tickets 1,300.00 7870 • Wine 52,000.00 Total 7800 • Wine tasting venue expense 70,100.00 7960 • Festival Event Supplies 7965 • Parking Passes 1,400.00 7970 • Credentials/Laminating 2,500.00 7975 • Vendor Passes 185.00 Total 7960 • Festival Event Supplies 4,085.00 Total Expense 1,208,666.00 Net Ordinary Income 0.00 Net Income 0.00 Page 4 Supplemental Material Consent Calendar Item No. 8 SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON AND WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 22ND day of March , 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and The Temecula Valley Balloon & Wine Festival Association (TVBWFA), 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 28th Annual Temecula Valley Balloon & Wine Festival (hereinafter referred to as the "Event") on June 3-5, 2011. The Event is a special event which is located at Lake Skinner. The Event is expected to draw between 30,000- 40,000 people for the event. b. Will Alcohol be served?: ®YES NO c. The City desires to be a "Premier Sponsor" of the Event. d. Non -Compete: TVBWSA shall, not produce, operate, participate, assist, consult or serve in the development, production, management, operation, marketing, promotion or combination thereof, of any other Balloon & Wine Festival, either alone or by joint venture, partnership agreement, or otherwise, in conjunction with any other Balloon & WOne Festival located within a radius of forty (40) miles from the City Hall location in Temecula, California. Event organizer cannot schedule a similar event within 180 days from the 2011 Temecula Valley Balloon '& Wine Festival (time restrictions do not apply if the similar event is beyond the 40 mile radius). 2. TERM This Agreement shall commence on March 22, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than , unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for the City Sponsorship Payment of twenty-six thousand and seven hundred seventy-five dollars ($26,775.00) and Temporary Logistical Support in an amount of in-kind trade not to exceed $3,200 as provided in Exhibit B, the City shall be designated as a "Premier Sponsor" of the 2011 Temecula Valley Balloon Festival. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. c. TVBWFA shall support economies of the City of Temecula by promoting and utilizing local businesses (i.e. locale, food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. d. Within 30 days of the effective date of this Agreement, TVBWFA shall submit a timeline showing the milestone dates that each TVBWFA marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activites, will occur. The purpose of this provision is to ensure that TVBWFA makes a good faith effort to maximize attendance at the Temecula Valley Balloon & Wine Festival. 4. SPONSORSHIP BENEFITS. In exchange for being a Premier Sponsor, the City shall receive the benefits as listed in Exhibit A. 5. SPONSORSHIP PAYMENT. The City Sponsorship Payment of twenty-six thousand and seven hundred seventy-five dollars ($26,775) shall be used to promote the Temecula Valley Balloon & Wines Festival, as provided in Exhibit C, and pay for the entertainment at those venues at the Event. 6. WRITTEN REPORT Within ninety (90) days,after'the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager Ia written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has been 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. 7. ANNUAL FINANCIAL RECAP The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial recap of the 2011 Event should be completed and submitted to the City no later than January 1, 2012. The financial recap shall also provide a Igeneral summary report on how funds were expended and used to benefit Temecula Valley residents. If requested by the City, Temecula Valley Balloon and Wine shall provide documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. 8. BI- ANNUAL AUDIT. TVBWFA shall provide a financial audit by an independent certified public accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on an every other year basis. The Temecula Valley Balloon & Wine Festival submitted an audit with the recapping of the 2010 event therefore an audit will be required with the recapping of the 2012 event. 9. DISTRIBUTION OF PROCEEDS. The Temecula Valley Balloon & Wine Festival proceeds shall be utilized as follows: 1. Cover annual operating expenses for the eleven months between Balloon & Wine Festivals and start-up cash. 2. Balance is donated to community organizations. 10. TICKETS/SOUVENIERS. TVBWFA shall submit all event tickets, parking passes and official Festival souvenir merchandise to the Assistant City Manager no later than one full week preceeding the first day of the Temecula Valley Balloon & Wine Festival. 11. RECEIPT OF PAYMENT. After the Temporary Logistical Support request and insurance have been submitted and approved and the event agreement has been executed in final form, TVBWFA shall receive the';! City Sponsorship Payment and Temporary Logistical Support, as outlined in this Agreement. 12. PERMITS TVBWFA shall file a written request to the Assistant City Manager and the Director of Public Works for the use of any City owned light towers, cones, barricades, directional signs, flashing beacons, etc. no later than ninety (90) days prior to the first day of the Balloon & Wine Festival. The City retains its governmental jurisdiction to determine whether to approve the request. TVBWFA shall return the provided materials in the same condition as received. 13. MEETING ATTENDANCE City Public Safety Staff shall attend all required TVBWFA pre -event public/safety meetings. 14: 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. 15. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay forand 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 May 3, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance"Services Office Commercial General Liability form No. 2) " Insurance,,Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a - non -owned auto endorsement to. the General Liability policy described above is acceptable. 3) Workers' 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, workers' 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: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General' Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 3) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurance for bodily injury, personal injury and property damage. 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 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, 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 insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be, canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the 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. 16. 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. 17. 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. 18. 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. 19. 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: 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 To Recipient: The Temecula Valley Balloon '& Wine Festival Association P.O. Box 1254 ' Temecula, CA 92593 20. INDEPENDENT CONTRACTOR 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. 21. 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. 22. 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Temecula Valley Balloon and Wine Festival Association (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Carol Popejoy, Chief Executive Director Susan W. Jones, MMC, City Clerk Jeff Gavitt, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT The Temecula Valley Balloon and Wine Festival Association 41755 Rider Way, Unit 1 Temecula, CA 92590 951-676-6713 951-676-5921 (fax) FSM Initials: Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PREMIER SPONSOR (Attached) EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS (Attached) Notwithstanding the above, in no''event shall the City Support Costs exceed $3,200 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 9 ACTION MINUTES of MARCH 8, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:00 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS The following individuals addressed the District: • Wayne Hall • Paul Jacobs 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 Action Minutes1030811 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:09 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 22, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes1030811 2 TCSD DEPARTMENTAL REPORT Item No. 10 Approvals City Attorney Director of Finance City Manager (10L TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: March 22, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant Phase 1 of the Redhawk Park Improvements is complete and Redhawk Community Park is now reopened to the public. Improvements to Sunset Park are now complete as well. A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development and we anticipate the plans to be completed and the project ready for bid in the next 30 days. Art exhibits at the Merc will continue and staff is actively seeking artists from the community who may want to display their artwork at the Merc and the Temecula Public Library. The next art exhibit opening will take place on April 15, 2011, featuring photography by Jim and Jeannie Miley. The Community Services Department recently completed a recruitment process for an Inclusion Services Specialist. This part-time position will work with staff as a liaison to the community while also providing assistance with program and activity development that meets the needs of special needs populations as identified in our Youth Master Plan. Our Aquatics staff is actively pursuing a variety of different grant opportunities to implement an aquatics program specifically for those with special needs. Staff would like to explore the opportunity to provide learn to swim opportunities for young people with special needs and basic water skills for special needs populations. There are several grant opportunities that staff is actively pursuing. The Maintenance Division has developed a design for the replacement of the water slide at the Community Recreation Center swimming pool. Design specifications are being developed and it is envisioned that we will begin the bid process to replace the water during the summer and the installation of the new water slide in October to avoid conflicting with our summer aquatics programs. The Recreation Division carried out the Annual Special Games event on Saturday March 18, 2011. Over one hundred special needs athletes participated in various sporting events with the assistance of over 250 volunteers. The Recreation Division is currently planning for the activities and events which highlight the spring season including our annual Easter Egg Hunts. The Recreation Division is also currently carrying out the classes and activities offered through our Winter/Spring Guide to Leisure Activities. During the next couple of months, staff will be putting together the classes and activities for the Summer/Fall 2011 activities guide. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 11 ACTION MINUTES of MARCH 8, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 8:09 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 16 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval RECOMMENDATION: 16.1 Approve the action minutes of February 22, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 8:10 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 22, 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. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes1030811 1 Item No. 12 Approvals City Attorney Director of Finance City Managereta, TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 22, 2011 SUBJECT: Professional Services Agreement contract for Inland Planning and Design, Inc. to provide consulting services related to the preparation of the Jefferson Corridor Specific Plan PREPARED BY: Katie Innes, Assistant Planner RECOMMENDATION: That the Members of the Redevelopment Agency approve a Professional Service Agreement contract with Inland Planning and Design, Inc. in the amount of $84,123.00 for professional planning consulting services related to the preparation of the future Jefferson Corridor Specific Plan. BACKGROUND: The Jefferson Corridor Specific Plan area encompass nearly 560 acres and is bound by Cherry Street to the north, Murrieta Creek to the west, Rancho California Road to the south and Intestate 15 to the east. The Jefferson Corridor Specific Plan will guide the future revitalization and redevelopment of this area. The attached two-year agreement is for Inland Planning and Design, Inc. to provide professional planning and consulting services on an as -needed basis to support staff in the preparation of a comprehensive specific plan for the Jefferson Corridor. In order to assist staff with these activities, Inland Planning and Design, Inc. will provide professional planning consulting services on an as -needed basis, consistent with the Scope of Work, which is summarized below: 1) Identify the strengths, opportunities and limitations relating to Jefferson Corridor's future growth and revitalization 2) Gather base information/data related to the corridor and develop three alternatives for the conceptual land use and urban design plan 3) Interview key public and private stakeholders within the corridor 4) Incorporate findings on parking, traffic, transit and market potential into the development of three alternatives 5) Present three alternatives/recommendations to key stakeholders and facilitate public outreach/visioning workshops FISCAL IMPACT: Funds in the amount of $84,123.04 for the planning consulting services to be provided by Inland Planning and Design Inc. have been budgeted for in account number 280.199.999.5250 (other outside services) in the Redevelopment Agency's 2011-2012 Redevelopment Operating Budget. ATTACHMENTS: Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND INLAND PLANNING AND DESIGN INC. PROFESSIONAL PLANNING CONSULTING SERVICES RELATED TO THE PREPARATION OF THE JEFFERSON CORRIDOR SPECIFIC PLAN THIS AGREEMENT is made and effective as of March 22, 2011, between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic (hereinafter referred to as "Agency"), and INLAND PLANNING AND DESIGN INC., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 22, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 22, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Eighty Four Thousand One Hundred Twenty Three Dollars and No Cents ($84,123.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in, advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 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 Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City 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 Consultant'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 Consultants 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, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the 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 Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula (or Hand -Deliveries ONLY) Attn: Executive Director 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Inland Planning and Design Inc. Attn: Mr. Frank Miller 930 Cornell Court Madison, WI 53705 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The Executive Director 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: By: Mike Naggar, RDA Chairperson Frank Miller, President ATTEST: By: By: Susan W. Jones, MMC, City Jane Miller, Vice President Clerk/Agency Secretary APPROVED AS TO FORM: By: Peter M. Thorson, Agency CONSULTANT Counsel Inland Planning and Design 930 Cornell Court Madison, WI 53705 Phone: (608) 332-8832 Fax: (608) 218-6246 E-mail: fmiller@erdmanholdings.com FSM Initials: h. Date: OUW1 EXHIBIT A Tasks to be Performed Inland Planning + Design, Inc. DRAFT Proposed Scope of Work for the Jefferson Corridor Project Task One: Review of Background Materials and Preparation of Base Maps. This work is intended to provide us with a comprehensive overview of the existing strengths, limitations, opportunities and threats relating to Jefferson Corridor's growth. This includes the following work: • Review the history of Jefferson Corridor; • Review natural site features (topography, surface drainage, views); • Review utility infrastructure (storm water, sanitary sewer, water, electric, gas, voice/data); • Meet with City of Temecula staff to review existing planning and other relevant planning documents; • Review the Army Corps of Engineers Murrieta Creek flood control improvement plans; • Meet with key public and private stakeholders per City's recommendations; • Review recent and current development projects in the area; • Preparation of land use and urban design base maps; • Review key urban, architectural and functional features of the area (street design, frontage types, architectural periods, service patterns (i.e., delivery and trash pickup), pedestrian patterns). • Review any recommendations by other consultants regarding a) traffic/ circulation/parking and the b) market potential for office and retail uses. Time Frame for Task 1: Gather base data: 2 weeks; Prepare master planning base maps 3 weeks; One meeting to review base data with City staff; One meeting to review the traffic and parking findings; One meeting to review the market potential findings; Task Two: Develop Conceptual Land Use and Urban Design Plans for Jefferson Corridor. • Develop three alternative conceptual land use and urban design plans exploring: o building heights and envelopes, o configurations of buildings and alleys within blocks, o building frontage types, o servicing, o parking configuration and distribution, o mixes of uses, o location of other civic sites and open spaces; • Incorporate the findings of the City's consultants on parking, traffic circulation, and market potential for commercial and retail; • Interviews with key public and private stakeholders as identified by the City; • Deliverables for this phase include: o Two and three-dimensional drawings and sketches providing easily understood visions for future growth. These materials are intended to serve as tools for further discussions of key issues determining the area's future. o In addition, we will create preliminary form -based code documents that may contribute to a future Form -Based Code. Time Frame for Task 2: x weeks. Two workshops with City staff to review plans. Task Three: Present Conceptual Land Use and Urban Design Plans to Key Stakeholders. This project concludes with a workshop to present the alternative master plans to key stakeholders in the Jefferson Corridor. The format and participants are to be determined with the City's guidance. We will prepare presentations on hardcopy and in PowerPoint summarizing the alternate conceptual master plans for the area. We will facilitate a workshop that includes participants from City Planning, City Council and/or others recommended by the City. Time Frame for Task 3: 2 days to 1 week, including 1-2 workshops within one day; 1 meeting to review workshop results with City staff. EXHIBIT B Payment Rates and Schedule Professional Fees: IPD's proposed fee for the above consulting services is $84,123.00, including direct costs for travel, lodging and document reproduction. The schedule of fees and allocation of costs per task is shown below. Frank Miller: Jane Grabowski -Miller: Allocation of Fees by Task: $225.00/hr. $225.00/hr. Task 1: Review of Background Materials and Preparation of Base Maps; approximately 20% of fee, or $16,824.60. Estimated allocation of hours: Frank Miller: Jane Grabowski -Miller: 37.388 hours @ $225.00/hr. $8,412.30 37.388 hours W $225.00/hr. $8,412.30 $16,824.60 Task 2: Develop Conceptual Land Use and Urban Design Plans for Old Town; approximately 60% of fee, or $50,473.80. Estimated allocation of hours: Frank Miller: Jane Grabowski -Miller: 112.164 hours @ $225.00/hr. $25,236.90 112.164 hours @ $225.00/hr. $25,236.90 $50,473.80 Task 3: Present Conceptual Land Use and Urban Design Plans to Key Stakeholders; (approximately 20% of fee, or $16,824.60). Estimated allocation of hours: Frank Miller: Jane Grabowski -Miller: 37.388 hours @ $225.00/hr. $8,412.30 37.388 hours @ $225.00/hr. $8,412.30 $16,824.60 3. Limits of Scope of Services: The services described in this agreement are for conceptual land planning and urban design only, and should not be used as the sole basis of development, financing or leasing. Actual site, building, parking, utility, environmental, grading, civil engineering, and architectural plans and construction documents are not included within the scope of work of this proposal and are to be completed by others. In addition, the following items are not included in this proposal: a. Environmental reviews or analysis for toxic or contaminated site conditions. b. Civil engineering or design of grading, storm drainage, sewers and road c. Building and structural architectural design and engineering. d. Detailed cost projections or estimates. e. Real estate leasing, sales or brokerage services. Sincerely, c Frank C. Miller President Inland Planning + Design, Inc. Item No. 13 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 22, 2011 SUBJECT: Professional Services Agreement for Environmental Science Associates (ESA) to prepare a Program Environmental Impact Report (EIR) for the Jefferson Corridor Specific Plan. PREPARED BY: Katie Innes, Assistant Planner RECOMMENDATION: That the Members of the Redevelopment Agency approve the Professional Services Agreement contract with Environmental Science Associates, Inc. in the amount of $189,220.00 for the preparation of a Program Environmental Impact Report for the Jefferson Corridor Specific Plan. BACKGROUND: To ensure compliance with the California Environmental Quality Act a Program Environmental Impact Report (EIR) will be prepared for the Jefferson Corridor Specific Plan. The Jefferson Corridor Specific Plan will guide the future revitalization and redevelopment of this area. The attached two-year agreement is for Environmental Science Associates, Inc. to provide environmental consulting services on an as -needed basis to support staff in the preparation of a Program EIR for the Jefferson Corridor Specific Plan. Environmental Science Associates, Inc. will provide the following environmental consulting services on an as -needed basis consistent with the Scope of Work, which is summarized below: 1) Preparation of the Administrative Draft EIR and Final EIR 2) Preparation of EIR Findings and Mitigation Measures/Mitigation Monitoring Program 3) Attendance at final Planning Commission Hearing and final City Council meeting FISCAL IMPACT: Funds in the amount of $189,220.00 for environmental consulting services to be provided by Environmental Science Associates (ESA) have been budgeted for in account number 165.199.999.5250 and account number 280.199.999.5250 (other outside services) in the Redevelopment Agency's 2011-2012 Redevelopment Operating Budget. $162,500.00 is budgeted in account number 165.199.999.5250 and $26,720.00 is budgeted in account number 280.199.999.5250 (other outside services) for a total of $189,220.00. ATTACHMENTS: Draft Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) FOR THEJEFFERSON CORRIDOR SPECIFIC PLAN THIS AGREEMENT is made and effective as of March 22, 2011, between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic (hereinafter referred to as "Agency"), and Environmental Science Associates (ESA), a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 22, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 22, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Eighty Nine Thousand Two Hundred Twenty Dollars and No Cents ($189,220.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 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 Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City 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 Consultant'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, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: Executive Director 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Environmental Science Associates (ESA) Attn: Eric J. Ruby or Deanna Hansen 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. AH prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The Executive Director 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 Environmental Science Associates (ESA) By: By: Ron Roberts, Mayor Eric J. Ruby, Senior Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Deanna Hansen, Vice President Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates (ESA) Attn: Eric J. Ruby or Deanna Hansen 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 Phone: (858) 638-0900 Fax: (858) 638-0910 FSM Initials: l' Date: 6 3%tl7 ACQRDA, CERTIFICATE OF LIABILITY INSURANCE DATE (51M/DD/YYYY) PRODUCER Woodruff -Sawyer & Co. 220 Bush St., 7th Floor San Francisco CA 94104 (415) 391-2141 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Environmental Science Associates 225B: 225 Bush Street, Suite 1700 San Francisco, CA 94104 I INSURER A: Greenwich Insurance Company A 22322 ' 37885 ' XL Specialty Insurance Company INSURER C: INSURER D: 01/01/2011 INSURER E EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' HER TYWIFDISURANCE POLICY NUMBER POLICY EFFECTIVE DATEtHM/DD/YY1 POLICY EXPIRATION DATE(MM/DD/YYI LIMITSLTR A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEC001336708 01/01/2011 01/01/2012t' EACH OCCURRENCE $ 1,000,000 DAMAGERENTED PFTF.MtSFS (Ea ma/fence) S 1,000,000 MED EXP (Any one person) $ 5 000 X Contractual Liability Stop Gap Employers PERSONAL &ADV INJURY S 1,000,000 X GEN'L GENERAL AGGREGATE S 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY n JEC7 PRO- 1 LOC PRODUCTS - COMP/OP AGG S 2.000.000 B X AUTOMOBILE X — X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Deductible; $5,000 AEC001336508 01/01/2011 01/01/2012/COMBINED SINGiELIMIT (Ea oocldent) $ 1,000,000,. BODILY INJURY (Per pion) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE _ 1 LIABILFTY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGO S EXCESS/UMBRELLA jOCCUR _ LIABILITY Li CLAIMS MADE DEDUCTIBLE/ RETENTION $ / EACH OCCURRENCE $ AC3GREGATE S S S _ S B WORICERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/DECUTNE OFFICER/MEMBER EXCLUDED? SPECIALdL P O ISIONS b.Mw WEC0013377408 O1/01/2011 01/01/2012 / WCSTATU- I OTH- A.ITCRYLIM(TR) FR E.L EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000,000 EL- DISEASE - POLICY LIMIT S 1,000,000 A DTH" Professional Liability Cov. A- Claims Made Retro Date 10/1/89 PEC001336808 01/01/2011 01/01/2012' Limit Each Claim $ 1,000,0004 Aggregate Limit $ 2,000,000 , Retention s 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS D211247.00; Jefferson Corridor Specific Plan EIR. The City of Temecula; the Temecula Community Services District the R evelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are named additional insureds on General Liability and Auto lability coverages per endorsements CG 201007 04, CO 2037 07 04 and XIC 411 1007 attached. Coverage is primary and non-contributory. Separation of Insureds is included in the policy contract, CERTIFICATE HOLDER City of Temecula 41000 Main Street Temecula, CA 92590 LOAN #: IGO ( CANCELLATION 10 Day Notice for Non•Paymcnt of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERIOT, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUOAT1ON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . 1 Taft/kit)- Yet) ACORD 25 (2001108) ID #: ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) NAMED INSURED: Environmental Science Associates POLICY NUMBER: GEC001336708 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations) Of Covered Operations City of Temecula 41000 Main Street Temecula, CA 92590 D211247.00; Jefferson Corridor Specific Plan EIR. The City o. Temecula; the Temecula Community Services District; the Redevelopment Agency of the City of Temecula, their officers officials, employees and volunteers are named additional insureds on General Liability and Auto Liability coverages per endorsements CG 2010 07 04, CG 2037 07 04 and XIC 411 1007 attached. Coverage is primary and non-contributory. Separation of Insureds is included in the policy contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, Including materials, parts or equip- ment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. ADDITIONAL INSURED: The City of Temecula; the Temecula Community Services District; the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NAMED INSURED: Environmental Science Associates POLICY NUMBER: GE0001336708 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s): Location And Description Of Completed Operations City of Temecula 41000 Main Street Temecula, CA 92590 D211247.00; Jefferson Corridor Specific Plan EIR. The City of Temecula; the Temecula Community Services District; the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are named additional insureds of General Liability and Auto Liability coverages per endorsements CG 2010 07 04, CG 2037 0704 and XIC 411 1007 attached. Coverage is primary and non-contributory. Separation of Insureds is included in the policy contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that ad- ditional insured and included in the "products -com- pleted operations hazard". ADDITIONAL INSURED: The City of Temecula; the Temecula Community Services District; the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM NAMED INSURED: Environmental Science Associates • POLICY NUMBER: AEC001336508 XiC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, Is amended to include as an "insured' any person or organization you are required in a written contract to name as art additional insured, but only for 'bodily Injury' or "property damage" otherwise covered under this Policy caused, in whole or In part, by the negligent acts or omissions of. 1. You, while using a covered 'auto"; or 2. Any other person, except the additional Insured or any employee or agent of the additional insured, operating a covered 'auto' with your permission; Provided that a. The written contract is In effect during the policy period of this Policy, b. The written contract was signed by you and executed prior to the "accident' causing "bodily injury' or "property damage' for which liability coverage is sought; and c. Such person or organization Is an Insured" solely to the extent required by the contract, but in no event if such person or organization Is solely negligent B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth In this Policy be increased by the contract C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible Insurance available to the additional Insured whether such insurance Is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract All other terms and conditions of this policy remain unch.,222 City of Temecula 41000 Main Street Temecula, CA 92590 D211247.00; Jeffeaon Corridor Specific Plan RIR. The City of Torneadri; the Temecult (Authorized Representative) Coenmuntly Services Diaric* the Redevelopment Agency of the City of Temecula, their officer, officials, employees and volunteer arc named additional insured, on General ADDITIONAL INSURED: The City of Temecula; the Temecula Community Services Liability and Auto Liability coverages per endorsements CO 201007 04, CG 2037 07 0District; the Redevelopment Agency of the City of Temecula, their officers, officials, and XIC 411 1007 Abetted. Coverage le primary and non-contributory. Sepentioo of employees and volunteers insureds is Included in the policy contract. XIC 411 1007 ® 2007, XL America, Inc. Page 1 of 1 Inc udee copyrighted material of Insurance Office, Inc., with Its permission. EXHIBIT A Tasks to be Performed March 14, 2011 Mr. Patrick Richardson Planning Director City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Proposal for Preparation of an Environmental Impact Report (EIR) for the Jefferson Corridor Specific Plan - City of Temecula Dear Patrick: I enjoyed discussing the design features and CEQA documentation requirements for the Jefferson Corridor Specific Plan with you and appreciate the opportunity to submit this proposal for preparation of the requisite Environmental Impact Report (EIR). ESA is pleased at the opportunity to again offer our planning and CEQA compliance services and expertise to the City of Temecula for this project and fully understand your requirements for responsive consultant support for this project along with the need to meet a set schedule. ESA has extensive experience with specific plan related CEQA compliance document preparation and issues. The Jefferson Corridor Specific Plan area is envisioned to become Temecula's "Great Street." Based upon the direction received from the Jefferson Corridor Ad -Hoc Subcommittee and the community's vision for the future, prepare a comprehensive Jefferson Corridor Specific Plan (JCSP) that will guide the future development and redevelopment of the area by implementing form -based code principles, development standards, and design guidelines intended to direct the aesthetic quality of the area, create a sense of place to stimulate economic revitalization, and create a regionally significant professional employment center in proximity to housing, mixed-use and transit -oriented development to support the planned regional Cherry Street Transit Center. Additionally, the Jefferson Corridor will foster pedestrian activity and capitalize on its proximity to the Murrieta Creek trail and its visual window from the 1-15. The project area is located in the City of Temecula, immediately north of the Old Town area, west of Interstate 15, south of Cherry Street and east of Murrieta Creek. A substantial amount of planning work has already been completed for this project by the City of Temecula, although specific plan preparation work is required to be completed by the city to support the CEQA documentation effort. This scope of work has been prepared based on meetings with City of Temecula staff, and CEQA documentation requirements. Scope of Work This scope of work has been developed based upon the above outlined factors and direction as well as CEQA statute and guideline requirements and assumes that all project data will be provided by the city. The scope of work also assumes that all technical analysis prepared by others and provided to ESA is adequate. The City of Temecula will prepare the CEQA Initial Study and all requisite notices and be responsible for any associated fees. The OR will be focused on aesthetics, air quality/GHG, hydrology, land use, noise, traffic and public utilities & services. Task 1 — Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately 12 hours per month for project management/coordination for the duration of the project (12 months). We have also included costs for four (4) meetings with city staff and attendance at one (1) Planning Commission hearing and one (1) City Council hearing. Weekly project team conference calls will occur under this task for the duration of the project. Task 2 — Administrative Draft EIR ESA will prepare an Administrative Draft EIR for review by the project team. The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines. It will include all CEQA-required sections based on the NOP/Initial Study. The following outline provides the proposed organization of the Draft EIR: • Executive Summary: The Executive Summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features of the project that will be implemented. The Executive Summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as insignificant), and will contain a summary analysis of the alternatives to the proposed project. • Section 1.0 — Introduction/Summary: The introduction will include the purpose of an EIR and procedural information. This section will also summarize the proposed project's impacts and mitigation measures. • Section 2.0 - Project Description: The project description will be based on information provided by City of Temecula and will include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. • Section 3.0 — Environmental Setting: The existing environmental setting will be described and documented for each environmental factor identified in the Initial Study. Information will be graphically depicted and described in the separate sections of the document. • Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the NOP/Initial Study, this section of the EIR will include a discussion of the environmental setting, project impacts, cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. • Section 5.0 — Other CEQA Considerations: ESA will prepare the following CEQA-required analysis sections: significant irreversible environmental changes and growth -inducing impacts. • Section 6.0 — Alternatives: Alternatives will be established in discussions between ESA and the City. For the purposes of this proposal, a total of two alternatives in addition to the mandatory no project alternative will be considered in this section of the EIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the applicant and the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives that may be required will result in modifications to the project budget. • Section 7.0 — Persons and Organizations Consulted/References: ESA will prepare this section of the EIR to document all persons and sources that contributed to the environmental analysis. Subsequent to your review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for submittal to the City and the project team. We assume that changes will be minimal due to early consultation with the City, and previous approval of technical reports by City personnel. Deliverables — 6 copies — Administrative Draft EIR, 25 copies Draft EIR and 25 CDs. Task 3 — Final EIR/Findings/Mitigation Monitoring At the conclusion of the public review period, ESA will work with City to obtain all comments received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR, where required, will be prepared once all comments are received. It is assumed that if required, the applicant's technical consultants will provide any and all necessary input to the responses to comment letters that may be required. It is difficult to predict public reaction to the Draft EIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 10 comment letters. In the event that the public comments on the Draft EIR are greater than expected, ESA will meet with the city to adjust the work program/budget as necessary. An Administrative Final EIR will be submitted to the City for review. Upon incorporation of comments on the Administrative Final EIR, ESA will prepare a Screencheck Final EIR for submittal to the City and project team. ESA assumes that comments on the Screencheck Final EIR will be minimal, due to early consultation with the City and the applicant when comments were received. This scope of work assumes two rounds of screen check Final EIR review. Subsequent to City review of the Screencheck Final EIR, ESA will prepare the Final EIR, including findings. It is understood that ESA would only prepare the Statement of Overriding Considerations, which incorporates final changes, as an optional task. ESA will assist the City in transmitting the required copies to the State Clearinghouse, required agencies and commentators. Deliverables — 6 copies — Administrative Final EIR, 25 copies Final EIR and 25 CDs. ESA will prepare a detailed Mitigation Monitoring and Reporting Program (MMRP) in accordance with Section 15063 of the CEQA Guidelines in response to any significant environmental impacts that may be identified to result from the proposed development. The MMRP will be submitted with the Draft EIR and completed once the FEIR is certified. Deliverables — 6 copies — Administrative Draft MMRP, 25 copies Final MMRP and 25 CDs. Environmental Issues Based on discussions with the city, the following specific issues will be evaluated and addressed in the EIR: Aesthetics "f he proposed project includes the ultimate development of increased density residential land uses and may result in substantial visual changes to the project area. Tasks • Review the Specific Plan & Design Guidelines prepared for the proposed project — Scope of work does not include visual simulations • Analyze the existing visual character of the project area. Compare the height and massing of the proposed project with surrounding land uses and structures. • Discuss consistency of the proposed project with visual quality and design policies and guidelines of the City General Plan and other plans and studies, as appropriate. • Evaluate the project site for potential nighttime light and glare impacts on nearby uses. • Discuss measures included in the proposed project to mitigate potentially significant visual impacts. As appropriate, identify additional or alternative measures to avoid or reduce any potentially significant effects to a less -than -significant level. • Determine the significance of potential project impacts on the existing character of the area. Air Quality / GHG Analysis Site preparation and construction activities, as well as operational characteristics, could generate substantial short term temporary and long term operational emissions of particulates and other criteria air pollutants that may exceed significance thresholds. Stationary and mobile source emissions associated with the project may result in project emissions that exceed South Coast Air Quality Management District (SCAQMD) thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Air Basin. Tasks • Review the local and regional climate, meteorology, and topography as they affect the accumulation or dispersion of pollutants • Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. • Summarize current air quality conditions and recent trends (last three years) in the project area on the basis of the annual air quality monitoring data summaries published by the Air Resources Board (ARB). • Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. • Identify air pollutant -sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. • Describe the SCAQMD air quality impact significance thresholds for new developments. • Discuss, .at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants (those for which the U.S. Environmental Protection Agency has established ambient air quality standards) generated by construction activities. • Use URBEMIS 2007, version 9.2 air quality model to prepare a daily inventory of criteria air pollutant and carbon dioxide emissions for the proposed project. • Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of state or federal air quality goals. • Discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would meet any SCAQMD thresholds of significance. • Summarize statewide planning efforts relative to climate change and the generation of greenhouse gas emissions, including Assembly Bill 32, Executive order S-01-07, and the reporting and recommendations to date of the California EPA Climate Action Team. Present discussion about how the California Code of Regulations Title 24 requires the construction of new energy efficient buildings that result in less greenhouse gas emissions. • Identify the greenhouse gas analysis recommendations of the Association of Environmental Professionals (AEP) as presented in its Alternative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, recently finalized. Recommend AEP endorsed feasible mitigation measures to help the proposed project reduce greenhouse gas without any major project redesigns, such as encouraging recycling, landscaping recommendations, increased building efficiency, use of energy efficient appliances, use of highly efficient compact fluorescent lighting, worker carpooling, and pedestrian friendly design features, to reduce the project's contribution to greenhouse gas emissions. • Identify cumulative development in the area (i.e., development that has been approved or is in - process) and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Mitigation measures will be developed in consultation with the Authority as appropriate. • Quantify project impacts and evaluate whether mitigation measures would reduce the impacts below a level of significance. Identify the parties responsible for implementing each measure. Incorporate standard mitigations provided by the City, as appropriate. ESA has been listed by the California Climate Registry as a firm qualified to perform baseline emission inventories for greenhouse gases. ESA has been implementing greenhouse gas emissions analyses for the past 8 months and has responded to comments from local air districts and the state attorney general. Cultural Resources Assessment Implementation of the proposed Specific Plan could result in potential impacts to cultural or historic resources. Tasks • ESA will complete a comprehensive cultural resources investigation and will incorporate it into the EIR. The analysis will include and evaluation of existing archaeological literature, an examination of historic maps, the National Register of Historic Places, the California State Historic Resources Inventory, and the listing of California Historical Landmarks. ESA will utilize the existing historic building inventory that has been previously completed for the evaluation of impacts to historic structures. Tasks include: Conduct a site walkover survey to document any existing or previously identified cultural resources; coordination and records search with the local archaeological resources information center; and evaluate the potential project impacts and discuss measures to mitigate potentially significant impacts. Hydrology and Water Quality The City of Temecula Public Works Department will provide hydrology/flood control GIS based information for inclusion in the Draft EIR including on-site flood plains, drainage and a storm water retention areas required for the proposed project. Implementation of the project could result in potential increases in inundation, sedimentation, and/or damage from water sources on the site to downstream areas. The project could also affect the collection and conveyance of runoff and sediment. Tasks • Summarize hydrologic and drainage information provided by the City of Temecula, which is anticipated to include a description of existing site conditions including existing watershed, drainage facilities, hydrology, potential surface runoff, flooding and mitigation measures, if required. • Summarize water quality data, which is anticipated to include and describe existing site conditions including drainage; adequacy of local storm drainage infrastructure; regional water quality including surface water and groundwater; and mitigation measures to comply with regulatory requirements, if required. Land Use and Planning The proposed project is being proposed in the form of a specific plan, and will be implemented through a use permit and design review process. Implementation of the proposed project could be incompatible with surrounding land uses or conflict with surrounding land use designations or relevant zoning. Tasks • Identify and map existing land uses, general plan and zoning designations, on and surrounding the project site. Data sources will include the City General Plan, zoning maps, and existing land use survey conducted by ESA staff of the surrounding area. • Discuss the relationship of existing and proposed uses of the site with existing and planned uses of surrounding properties. Discuss consistency with the adopted Specific Plan, City General Plan, zoning and other relevant planning programs. • Discuss cumulative development (approved and planned projects) in the vicinity of the project. • Identify any inconsistencies with local or regional land use policies, and recommend mitigation measures to improve compliance with local land use policies. • Identify all required approvals. Noise Analysis Noise generated by construction activities and operational noise from the completed project (specific plan build out) would increase noise levels as a'result of an increase in local traffic and operational activities. This analysis will be based on the traffic report, event activities and construction equipment mix. Tasks • Briefly describe and discuss existing major noise sources at the project site, particularly the noise from adjacent roadways and events. Describe the existing noise environment on the basis of up to four short-term measurements carried out by ESA staff. • Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed project. In addition, ESA will research existing noise elements and ordinances at a variety of municipalities with similar entertainment venues within California and across the United States to determine the feasibility of preparing alternative noise standards for the specific plan area. Findings will be summarized in a memorandum and incorporated into the Specific Plan development standards. • Identify noise -sensitive land uses or activities in the vicinity of the project site, and along roads providing access to the project site, that would be affected by development of the proposed project. • Discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. • Using the Federal Highway Administration's Highway Traffic Noise Prediction Model (FHWA-RD- 77-108), ESA will calculate existing, future base case (i.e., without the project), future project case (i.e., with the project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated by the project, to determine whether project vehicular traffic would adversely affect adjacent land uses. • Identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise -sensitive land uses. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with the lead agency and responsible agencies as appropriate. • Develop and discuss measures to mitigate potentially significant impacts. Traffic and Circulation ESA will prepare a specific plan level traffic study and will summarize it's findings in the EIR document. The traffic impact analysis will include an evaluation of construction related and operational effects of the proposed project. The traffic study will study fifteen (12) study area intersections. The study area intersections will have to be analyzed for both AM/PM peak hour conditions. Tasks • Prepare a traffic analysis which is will include a description of project area roadways, existing traffic volumes and intersection conditions, applicable plans and policies, construction and operational impacts, and mitigation measures, if required. • Access Evaluation and Specific Plan Inputs • The traffic study will analyze the following conditions: - Existing - Existing with the Project - Project Build -out Year with Project The following Scope of Work is proposed for this study effort: • Review the Site Plan for the project from a traffic circulation standpoint. • Field review the site to determine Existing conditions. • Obtain AM/PM peak hour counts at the fifteen (12) study area intersections. Also obtain 24-hour traffic counts at up to four (4) locations. • Determine existing levels of service at the fifteen (12) study area intersections based upon the HCM methodology. • Determine the project's trip generation, trip distribution and traffic assignment to the adjoining roadway system. Compare the trip generation of the existing and proposed specific plans. • Determine existing plus project traffic impacts and level of service at the fifteen (12) study area intersections. This will include an analysis of both the existing and proposed specific plans. • Determine Project Build -out Year traffic impacts and level of service with the project at the fifteen (12) study area intersections. This will include an analysis of both the existing and proposed specific plans. • Determine project's traffic contribution to the fifteen (12) study area intersections. • Review project access and determine the need for any special turn lanes that may be required to serve the project. • Develop mitigation measures (i.e. traffic signals, additional traffic lanes, etc.) that may be required to accommodate the project. • Develop project recommendations. • Summarize the results of the study in a traffic impact report. Public Services and Utilities The following public services and utilities will be evaluated by the EIR: • Water Supply • Discuss regional and local water supply setting and project impacts. • Identify measures to mitigate potential impacts that would result from the proposed project. • Sanitary Sewer • Describe the current capacity and treatment methods and the location of the treatment plant that serves the proposed areas • Identify measures to mitigate potential impacts that would result from the proposed project. • Identify mitigation measures to comply with regulatory requirements. • Electricity/Natural Gas • Discuss energy supply setting. Evaluate the capacity of the energy suppliers to meet increased demand resulting from the proposed ordinance. • Identify measures to mitigate potential impacts that would result from the proposed project. • Solid Waste • Identify providers of solid waste disposal to the project area. Describe transfer stations and landfill capacities. • Identify measures that would mitigate potential impacts to the providers of solid waste disposal resulting from the proposed project. • Recreation • Describe the location, current levels of use, and existing conditions of recreation areas within the project area. • Identify any project impacts on area recreation and park facilities. • Identify measures to mitigate potential impacts. Cumulative Impacts Implementation of the proposed project could contribute to cumulative impacts in the region. Cumulative impacts and mitigation measures will be documented and will be easily differentiated from project specific impacts and mitigation measures. Tasks • Compile a list of projects in the project vicinity in cooperation with the city and county and based on information provided in the traffic report. • Address the cumulative impacts of the proposed project in conjunction with other uses, existing and proposed, in the surrounding area. • Identify measures that would reduce cumulative impacts of the project to the City. Schedule We understand the responsive schedule that is required for this project and that approval of the EIR by the City will be the critical path for project scheduling purposes. The Administrative Draft EIR can be completed within eight weeks of receipt of all technical studies. The following schedule (Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. TABLE 1 JEFFERSON CORRIDOR SPEC IFIC PLAN EIR SCHEDULE TASK DURATION Task 1 — Protect Management/Coordination Ongoing Task 2 - Draft EIR Prepare Administrative Draft EIR City/Project Team Review Prepare Screencheck Draft EIR Draft EIR Public Review Period Task 3 — Final EIR Prepare Administrative Draft EIR City/Project Team Review Prepare Screencheck Final EIR Final EIR Distribution 4 weeks' 2 weeks 1 week 2 weeks 45 Days 2 weeks 1 week 1 week 1 week This preparation period Is dependent on receipt of all documents and electronic Information. Preparation of the document may overlap with other tasks and sections will be submitted prior to completion of entire document, in order to meet schedule requirements. Assumes that the traffic study will be completed within 4 weeks. Following receipt of traffic study. EXHIBIT B Payment Rates and Schedule Cost Estimate The following cost estimate (Table 2) has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including travel/parking, etc. will be invoiced in accordance with ESA standard rate schedule. TABLE 2 COST ESTIMATE — JEFFERSON CORRIDOR SPECIFIC PLAN EIR TASK COST Task 1 — Project Management/Coordination/Meetings/Public Hearings $12,500 Task 2 — Administrative Draft EIR / Draft EIR $89,500 Traffic Study $27,500 Noise Study $12,500 Air Quality / GHG Assessment $8,500 Cultural Resource Assessment $12,500 Task 3 — Final EIR $17,500 Subtotal - Labor Document Reproduction $6,500 Reimbursable Expenses (in-house copying, mileage, postage, etc.) a $2,200 Total $189,220 All CEQA notices and Initial Study preparation and distribution to be provided by the City of Temecula. Our services will be billed monthly on a time -and -materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. Please review the enclosed scope of work and if acceptable, authorize below and return to ESA. We look forward to providing professional environmental consulting services to the City of Temecula. Sincerely, Eric J. Ruby Senior Vice President ENVIRONMENTAL SCIENCE ASSOCIATES 2011 SCHEDULE OF FEES I. Personnel Category Rates Charges will be made at the Category rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5. Executive Director $ 250.00 Senior Director II $ 220.00 Senior Director I $ 185.00 Director II $ 175.00 Director I $ 170.00 Senior Managing Associate II $ 160.00 Senior Managing Associate I $ 155.00 Senior Technical Associate II $ 160.00 Senior Technical Associate I $ 155.00 Managing Associate II $ 145.00 Managing Associate I $ 140.00 Technical Assoc. II $ 145.00 Technical Assoc. I $ 140.00 Senior Associate II $ 125.00 Senior Associate I $ 115.00 Associate III $ 100.00 Associate II $ 90.00 Associate I $ 80.00 Environmental Tech II $ 70.00 Environmental Tech I $ 60.00 Senior Admin / Graphics $ 95.00 Administrative / Graphics $ 80.00 Clerical $ 65.00 (a) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (b) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. (c) For each contract, we propose an escalation rate of 3% for each contract year. II. ESA Expenses A. Travel Expenses 1. Transportation a. Company/personal vehicle - $0.485 per mile, or current allowable IRS rate. b. Common carrier or car rental — actual multiplied by 1.1 2. Lodging, meals and related expenses — direct expenses multiplied by 1.1 B. Communications Fee In-house costs for long-distance phone, telecopier, regular postage, walk-up copier, and records retention — project labor charges multiplied by 3% C. Printing/Reproduction Rates ITEM RATE/PAGE 81/2 x 11 b/w $0.05 II x 17 b/w 0.10 81/2 x 11 color 1.00 11 x 17 color 2.00 Covers 0.20 Binding 0.75 HP Plotter 25.00 D. Equipment Rates ITEM RATE/DAY RATE/WEEK Vehicles $40.00 a $180.00 GIS Computer Time 120.00c Trimble GeoXT GPS 75.00 $350.00 Laptop Computers 50.00 $200.00 LCD Projector 200.00 $600.00 Noise Meter 50.00 Sample Pump 25.00 Surveying Kit 20.00 Field Traps 40.00 Digital Planimeter $40.00 Cameras/Video/Cell Phone 20.00 Miscellaneous Small Equipment 5.00 Garmin GPS 25.00 a Half day rate is $20.00. Actual project charges will be either $0.485 per mile or the day rate, whichever is higher. ° GIS computer time will be charged at $15.00 per hour. III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.1. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. RDA DEPARTMENTAL REPORT Item No. 14 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 22, 2011 SUBJECT: Redevelopment Department February Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Temecula Valley Convention and Visitors Bureau Lease of Commercial Space in the Old Town Parking Garage - The Agency and the Temecula Valley Convention and Visitors Bureau have executed an Office Lease for commercial space in the Old Town Parking Garage. The Convention and Visitor's Bureau is currently in the process of working with the architect of the Civic Center project to design the tenant improvements. The improvements were complete February 28, 2011 and CONVIS moved in on March 1, 2011. Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff met with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Conveyance of Town Square Marketplace Properties - On February 22, 2011, the Town Square Market Place properties were conveyed from the Redevelopment Agency to the City of Temecula as a result of the state budget proposed by Governor Jerry Brown. The proposed State budget calls for the elimination of redevelopment agencies throughout California. The transfer of the Town Square Market Place properties from the Redevelopment Agency to the City of Temecula would allow for the properties to be protected from potential obligatory sale due to the elimination of the Redevelopment Agency if the governor's budget is approved and the elimination of redevelopment agencies occurs statewide. This will ensure that the properties are developed consistently with the Civic Center Master Plan. Conveyance of the property from the Agency to the City is authorized by Health and Safety Code Section 33220, which allows the City to acquire property from the Agency, with or without compensation, for development in accordance with the Redevelopment Plan. Auto Mall Sign - The Agency and Auto Dealers Association have entered into a Loan Agreement for a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition marquee sign. Part of the agreement stipulates that the City will have 10 percent of the time between sunrise and 11:00 p.m. daily to use the sign to promote City interests. The sign will be located on the parcel south of Rancho Ford. Construction of the new sign has been completed and the LED screen and lighting on the sign are now operable. Per the Loan Agreement the old sign will be demolished. Complete demolition of the old auto mall sign is expected to occur on March 11, 2011. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2010-2011. As of July 1, 2010, the Agency began accepting applications for the program. Currently, funding for the following projects is in process: • The Children's Museum — New Business Sign • Temecula Stampede — Exterior Repairs and Paint • Emporium Center — Exterior Facade Renovation Additionally, in January 2011, the Agency transferred $66,802 from the Facade Improvement budget line item to fund the Agency's obligation under the Owner Participation Agreement (OPA) between the Agency and Abbott. Abbott Cardiovascular Systems OPA Payment - On February 12, 2002 the Agency Board approved an Owner Participation Agreement ("OPA") between the Agency and Abbott Cardiovascular Systems, Inc. (formerly Guidant Cardiovascular Systems). The purpose of the OPA was to provide development incentives through property tax reimbursement. In order to receive the reimbursement Abbott was required to meet certain thresholds including minimum square foot expansion to its physical plant (90,000 square feet) and to add and maintain 300 full-time jobs within its Temecula Facility. Per the OPA, the fiscal consultant of the Agency was directed to analyze and determine the amount of the reimbursement due to Abbott. The reimbursement is based on property tax increment generated as a direct result of Abbott's physical plant expansion. The Agency has verified that Abbott has met the thresholds to reimbursement as stated in the OPA. The Agency's fiscal consultant has conducted a review of the amount of reimbursement due to Abbott, and the first annual installment of the reimbursement was delivered to Abbott in January. Funding Agreement between the Redevelopment Agency and the City of Temecula - On February 22, 2011 the Agency approved the Funding Agreement between the Agency and the City of Temecula. The purpose of this agreement is to protect $97,731,968 in funding for the completion of numerous public improvement projects. Without this agreement the redevelopment tax increment revenue stream identified as the source of funds for these projects would be at risk of being diverted to the State and County. This agreement is intended to protect those redevelopment revenues for use on projects here within the City of Temecula. HOUSING 3rd and Front Street Development — On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25 unit affordable housing development at the southwest corner of Old Town Front Street and 3rd Street. Of the 25 units in the proposed development 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. AMCAL Pujol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45 unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The project is scheduled to be completed no later than May of 2013. R.C. Hobbs Exclusive Negotiating Agreement - The R.C. Hobbs Company approached the Agency regarding the possible development of mixed income affordable housing on vacant Agency owned property located at 28640 Pujol Street. Considering Hobbs' background and recent Staff experience working with the organization, Staff felt that Hobbs would be a quality partner on an affordable housing development at the aforementioned location. Hobbs requested that the Agency and Hobbs enter into an ENA with a one-year term with a potential six month extension by written approval of the Executive Director. The Agency approved the ENA at its February 9, 2010 meeting. An appraisal for the subject property was commissioned by the Agency and completed on June 24, 2010. The Agency and R.C. Hobbs continue to negotiate potential development on the subject site. On February 7th R.C. Hobbs requested that the provision of the ENA that allows for a administrative extension of up to 6 months be exercised. The Executive Director of the Agency approved this extension and the ENA has been extended to August 9, 2011 First Time Homebuyers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $200,000-$300,000 price range. The program budget for FY 2010/2011 is $1,000,000. As of July 1, 2010, the Agency began accepting applications. Currently, two loans for a total amount of $90,800 have been funded for this fiscal year. Additionally, in January 2011, the Agency transferred $850,000 from the First Time Homebuyers budgeted line item to ensure adequate funding of two potential affordable housing developments this fiscal year (2010-2011). Summerhouse - The Agency negotiated an Owner Participation Agreement ("OPA") with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income, for a total of 110 affordable units. The terms of this agreement place affordability restrictions on the property for 55 years. Immediately following the close of escrow, Summerhouse Housing Partners L.P. began clean- up and restoration of the site. A Development Plan has been approved by the City and construction of the 20 units is complete. The Agency is currently processing the Notice of Completion and leasing of the 20 units is expected to begin in March 2011. Residential Improvement Program - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. The program budget for FY 2010/2011 is $200,000. The Agency began taking applications for the program July 1, 2010. Currently, all $200,000 budgeted for the Program has been allocated to 32 residences approved for participation. COUNCIL BUSINESS Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: March 22, 2011 SUBJECT: Time limits for Public Speaking RECOMMENDATION: That the City Council consider whether to change public speaker times and if appropriate, amend Resolution 94-79 Rules of Order for City Council Meetings. 1. Adopt a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION 94-79, RULES OF ORDER FOR CITY COUNCIL MEETINGS, TO PROVIDE FOR A THREE MINUTE TIME LIMIT FOR SPEAKERS UNDER PUBLIC COMMENTS BACKGROUND: In July of 1994, the City of Temecula City Council adopted Resolution 94-79 which adopted rules of order for the conduct of City Council Meetings. Current City Council meetings allow the public two (2) minutes to address the City Council on matters that are not on the agenda as well as items on the City Council consent calendar. The public comment portion is set to be no more than thirty (30) minutes. In addition, members of the public who wish to address the City Council on agenda items or public hearing matters are allowed to speak for five (5) minutes. The current allocated times and existing policy/resolution are in complete legal compliance with the Brown Act. At the City Council meeting of March 8, 2011, the City Council directed staff to bring back an item to consider such a change in the rules of order for City Council meetings. The amended resolution is attached and if the City Council desires to add an additional minute of time. The draft resolution reflects an extra minute of public comment time for: "(1) matters within the subject matter jurisdiction of the City but which are not on the Agenda; or (2) items which are on the Council's Consent Calendar." The public comment portion of the agenda would remain unchanged with a total of 30 minutes allocated. In addition, the amended resolution clarifies unused speaking time cannot be deferred to other speakers. In early March, staff conducted an informal poll of public comment times allowed by other California cities for items not on the agenda, attached are the results of these 123 responses. FISCAL IMPACT: None. ATTACHMENTS: California Cities -Public Comment Time Poll (non agenda items) RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTOIN 94-79, RULES OF ORDER FOR CITY COUNCIL MEETINGS, TO PROVIDE FOR A THREE MINUTE TIME LIMIT FOR SPEAKERS UNDER PUBLIC COMMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Section 1. B.2. of Resolution No. 94-79 is hereby amended and Section 1 B.3. is hereby added to Resolution No. 94-79, each to read as follows: 2. The Public Comment portion of the Agenda shall be no more than thirty (30) minutes. During Public Comment, members of the public may address the Council on: (1) matters within the subject matter jurisdiction of the City but which are not on the Agenda; or (2) items which are on the Council's Consent Calendar. A member of the public who wishes to address the Council during Public Comment on these matters shall complete a request to speak form and submit it to the City Clerk before the Public Comment portion of the Agenda is called by the Mayor. Each member of the public who has submitted this form shall be given three (3) minutes to speak in Public Comment and may not defer this time or any portion of it to other speakers. 3. A member of the public who wishes to address the Council on an agenda item or public hearing other than Public Comment or items on the Consent Calendar shall complete a request to speak form and submit it to the City Clerk before the agenda item is called by the Mayor. Each member of the public who has submitted this form shall be given five (5) minutes to speak on the agenda item or public hearing and may not defer this time or any portion of it to other speakers. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd 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 Cit PUBLIC COMMENT TIME LIMITS Minutes Notes Portola No limit Santa Monica 6 min total comment in 1 & 2 min increments Signal Hill No limit S acramento 2 Santa Cruz 2 Limited to 30 min total public comment Berkley 2 Reduced to 1 min if 10 or more people Yuba City 3 If submitted in writing 24-hrs advance, then 5 min Murrieta 3 Cambria 3 Beverly Hills 3 Needles 3 Bell Gardens 3 Coronado 3 Saratoga 3 Palm Springs 3 National City 3 Milpitas 3 Redwood City 3 Dublin 3 Burlingame 3 Costa Mesa 3 Oxnard 3 Glendora 3 Pamona 3 Vista 3 Clearlake 3 Twentynine Palms 3 Ukiah 3 San Bruno 3 Surf City 3 Delmar 3 La Mesa 3 Wheatland 3 Yucca Valley 3 Orange 3 Oakley 3 Morgan Hill 3 Kerman 3 Lancaster 3 Hermosa Beach 3 Santa Clarita 3 Manhattan Beach 3 Weed 3 Elk Grove 3 Palmdale 3 Rancho Cordova 3 Bakersfield 3 Manteca 3 Belmont 3 Petaluma 3 Marina 3 Hesperia 3 Cathedral City 3 Pico Rivera 3 Anaheim 3 Port Hueneme 3 South Lake Tahoe 3 Modesto 3 Lafayette 3 Santa Maria 3 Redondo Beach 3 One person on behalf of a group receives 6 min Lake Forest 3 Fairfax 3 If representing a group, then 5 min Truckee 3 If representing a group, then 5 min Fresno 3 San Luis Obispo 3 Hollister 3 Placerville 3 Encinitas 3 Laguna Hills 3 Irvine 3 Chula Vista 3 Agenda items = 5 min Novato 3 Watsonville 3 Stanton 3 Martinez 3 Santa Margarita 3 Perris 3 Menlo Park 3 Albany 3 Escondido 3 Paradise 3 West Sacramento 3 Scotts Valley 3 Livermore 3 Time reduced to 2 min if a lot of people to speak Apple Valley 3 Union City 3 Chula Vista 3 Public hearings — 5 min Cupertino 3 Fremont 4 Agenda items = 1-5 speakers = 3 min, 6-30 speakers = 2 min Sebastopol 4 Fairfield 5 Lomita 5 S anger 5 Alhambra 5 Emeryville 5 Placentia 5 San Pablo 5 Escalon 5 Oakdale 5 Lawndale 5 Ridgecrest 5 Rancho Cucamonga 5 Baldwin Park 5 Chino 5 Lemoore 5 Brea 5 S outhgate 5 S olvang 5 Larkspur 5 Arcadia 5 Burbank 5 Before closed session, then 3 min Azusa 5 Downey 5 Winters 5 Foster City 5 Norwalk 5 Garden Grove 5 Seal Beach 5 Fort Bragg 5 Jackson 5 Brentwood 5 Hanford 5 SUMMARY: 3 Cities allow 2 minutes 83 Cities allow 3 minutes 2 Cities allow 4 minutes 32 Cities allow 5minutes 2 Cities have no limit 1 City allows 6 minutes total in 1 & 2 minute increments Total of 123 Cities Responded DEPARTMENTAL REPORTS Item No. 16 Approvals City Attorney Director of Finance City Manager OicL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: March 22, 2011 SUBJECT: February Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of February, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 60 new applications for administrative, other minor cases, and home occupations including 13 applications for public hearings during the month of February. Special Projects & Lonci Ramie Planninci Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. A draft addendum to the EIR was received from our consultant, ESA, on August 13, 2010. Comments on the addendum to the EIR were provided to ESA on August 31, 2010. A technical review of traffic was completed on November 12, 2010 and a technical review of MTBE was completed on December 1, 2010. ESA provided a revised EIR Addendum on December 3, 2010. The Planning Commission reviewed and recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. The applicant is currently seeking agency environmental clearances as required for release of their grading permit. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program will make low interest loans available to low and moderate income homeowners to make energy efficient improvements. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. Two applications are currently being processed for loan funding for this fiscal year. (WEST/SCHUMA) • Liberty Quarry Draft Environmental Impact Report — The County of Riverside released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, settling ponds, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southwest boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received by the County on the project, the Riverside County Planning staff has determined that redrafting/recirculation of the Liberty Quarry Surface Mining Permit Draft Environmental Impact Report is not required and, as a result, the County has alternatively prepared responses to comments. County staff anticipates they will release its responses to comments at least ten days prior to the County's Planning Commission hearing, which is currently scheduled for Wednesday, April 27, 2011 at the Rancho Community Church in Temecula (the venue was changed from Riverside to Temecula as determined by the County to be closer to the project site). The City has since requested that, in the event responses are finalized prior to ten days before the hearing date, they be released to the City upon completion; or if not all of the comments are finalized, those sections that are complete be released for our review. (RICHARDSON/LOWREY) • Jefferson Corridor Specific Plan — Staff is studying the Jefferson Avenue Corridor to create a Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June, approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the City with an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one day planning summit in the Council Chambers on June 23, 2010, and shared their findings and recommendations with City staff. On September 23rd the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a "station adjacent" community and focused on how future land use planning efforts within the Jefferson Avenue Corridor will take advantage of the proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the study will set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. Staff is currently finalizing an Existing Conditions Summary Report for the project study area. This report will outline baseline information, including existing zoning and land uses, existing businesses, building square footages and development intensity, historic structures, parcel sizes, property ownership, existing and future planned roadway circulation, roadway capacity and existing traffic volumes, impacts of the French Valley Interchange on the corridor, existing transit routes and transit stops, existing sidewalk conditions, and existing and proposed Murrieta Creek trail improvements within the corridor. On January 11, 2011 the City Council established the Jefferson Corridor Ad Hoc Committee. Staff is currently preparing for the first meeting with the Jefferson Corridor Ad Hoc Committee to obtain direction before starting the public outreach and visioning process for the future specific plan. (RICHARDSON/WEST/LOWREY/INNES) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. Staff also attended the SCAG SB 375 workshop on February 17, 2011 to discuss data needed from the City. Staff will be using SCAG's Local Sustainability Planning Tool and providing SCAG with land use and transportation strategies integral to developing the SCS. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Jefferson Avenue Corridor. The Jefferson Avenue Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Jefferson Avenue Corridor planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Jefferson Avenue Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi- Jurisdictional Corridor Plan for the Jefferson Corridor" which is a 20-year transportation plan for the Jefferson Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue Corridor which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. (WEST/INNES/LOWREY) Planning Agenda Report 2/1/2011 through 2/28/2011 1 • Recently Approved APN # 960330017 • PA09-0248 Verizon Water Tower CUP ERIC JONES An Antenna Facility application to construct, operate and maintain a wireless facility consisting of 18 panel antennas attached to a new 43 -foot faux water tower located at 43980 Mahlon Vail Road Submitted Date Approved Date Aug 5 2009 Feb 16 2011 • PA10-0257 T -Mobile Redhawk Med APN # 960020042 ERIC JONES An Antenna Facility Application to allow cellular facility to be installed within the cupola of an existing structure that will be raised 4 feet at 44274 George Cushman Court (APN: 960-020-042) Submitted Date Approved Date Aug 31 2010 Feb 2 2011 • PA10-0323 Paseo del Sol Reserve HPR (SP) APN # 955520001 CHERYL KITZEROW A Residential Home Product Review for 100 lots in Tract 24188-3 in Paseo del Sol. Three floor plans ranging in size from 2,875 to 3,360 square feet with three elevations each (Spanish, Tuscany, Italian) will be constructed by Standard Pacific. Lot sizes range from 7,200 to 14,000 square feet. Project site is locate at the southwest corner of Pauba Road and Butterfield Stage Road. Submitted Date Approved Date Nov 52010 Feb 17 2011 APN # • PA10-0337 T -Mobile Major Mod 960020042 ERIC JONES A Major Modification Application to allow an existing cupola located at 44274 George Cushman Court (APN: 960- 020-042) to be raised four feet . The extra height will make room for a proposed building integrated cellular telecommunication facility (Related application: PA10-0257) Submitted Date Approved Date Nov 232010 Feb 2 2011 • PA11-0017 Promenade Strawberry Stand TUP APN # 910420028 ERIC JONES A Major Temporary Use Permit to allow a strawberry stand to be located within the mall ring road in the JC Penny parking lot at 40820 Winchester Road from February 1st to July 31st between the hours of 10 a.m. - 6 p.m. Submitted Date Approved Date Jan 26 2011 Feb 18 2011 • PA11-0022 Home show Major TUP APN # 910420028 ERIC JONES A Major Temporary Use Permit to allow the Tri County Home and Garden Show to operate a home show from February 25-27 between the hours of 9 a.m. and 5 p.m. Project will be located in front of Macy's at 40820 Winchester Road (APN: 910-420-010) Submitted Date Approved Date Jan 27 2011 Feb 22 2011 1 of 7 Planning Agenda Report 2/1/2011 through 2/28/2011 • PA11-0024 Killarneys St. Patty Major TUP APN # 960020059 ERIC JONES A Major Temporary Use Permit for a St. Patrick's Day Celebration to be held March 17th, 2011 between the hours of 10 a.m. to 2 a.m. at Killarney's Restaurant, located at 32475 Temecula Parkway (APN: 960-020-059). Submitted Date Approved Date Jan 28 2011 Feb 24 2011 • PA11-0027 Longest Walk APN # 961410018 CHRISTINE DAMKO A Special Event Permit for the Pechanga Tribe's "Longest Walk" a fundraiser walk for diabetes on February 16, 2011 from 6:00 a.m. to 1:00 p.m. No formal street closure required. The "Temecula leg" of the walk will start at Pechanga Casino and end at Soboba Casino. Submitted Date Approved Date Jan 31 2011 Feb 15 2011 • PA11-0028 RCC Strawberry Major TUP APN # 959060013 ERIC JONES A Major Temporary Use Permit to allow for a seasonal strawberry stand to operate between the hours of 10 a.m. - 6 p.m. daily from 02/11/2011 - 07/31/2011 at 31300 Rancho Community Way. Submitted Date Approved Date Jan 31 2011 Feb 22 2011 • PA11-0036 Circus Vargas Major TUP APN # 910420028 ERIC JONES A Major Temporary Use Permit to allow Circus Vargas to conduct circus performances from March 31 - April 11 between the hours of 12:30 p.m. - 9:30 p.m. at 40900 Winchester Road (Promenade Mall - Lower Macy's parking lot) Submitted Date Approved Date Feb 7 2011 Feb 22 2011 2 of 7 Planning Agenda Report 2/1/2011 through 2/28/2011 2. Scheduled for Hearing APN # • PA10-0251 Front St. Plaza DP (Dalton) 922046010 CHERYL KITZEROW A Development Plan application for the Front Street Plaza, a four-story, 42,558 square foot mixed use development consisting of restaurant, office, and residential uses to be constructed on a 0.46 acre site. The project includes a 6,648 square foot restaurant on the ground floor plus parking, 25 residential units on the second and third floors, and 8,992 square feet of office suites on the third and fourth floors. (APN 922-046-010 & -011) Submitted Date Anticipated DRC Meeting Date Planning Commision • Aug 20 2010 9/16/2010 Mar 16 2011 3 of 7 Planning Agenda Report 2/1/2011 through 2/28/2011 3. New Submittals Pending DRC Meeting APN # 945120001 • PA10-0213 Simms TTM ERIC JONES A Tentative Tract Map application to create 15 residential lots located approximately 1,500 feet east of Santiago and Ynez Road. Lots will range in size from 1.31 - 2.80 acres. Related Case PA10-0214. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA10-0214 Simms Zoning & GPA APN # 945120001 ERIC JONES A Zoning Map and Land Use Map Amendment application. Current zoning and General Plan designation is Very Low Residential. Proposed zoning and General Plan designation is L-1 (Low Density Residential). The project is located approximately 1,500 east of the Santiago and Ynez Road intersection (related application PA10-0213) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA10-0226 Chaparral 3 DP APN # 922026033 CHERYL KITZEROW A Development Plan application for Chaparral 3, a 21,055 square foot, mixed use, three-story building with retail on the first floor and offices above at 28455 Old Town Front Street between Moreno Road and Sixth Street (APN: 922- 026-033). Associated with Variance request (PA11-0053) to reduce setback at northeast property corner and parking setback along western property line. Related Case PRO8-0047. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 23 2010 8/19/2010 TBD • PA10-0297 Cycling Event APN # 909370002 CHRISTINE DAMKO A Special Event Permit for a cycling event on March 6, 2011 from 7:00 a.m. to 4:30 p.m. located on a 1.3 mile circle around Diaz Road, Dendy Parkway and Remington Avenue. No formal street closures required. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 13 2010 TBD APN # • PA10-0309 Highgate Dev. Plan 944290025 ERIC JONES A two phase Development Plan Application for a three story 97,685 square foot senior congregate care facility generally located on the southwest corner of Rancho California Road and Moraga Road . The project features 99 units consisting of studio, one bedroom, and two bedroom apartments as well as a courtyard (APN: 944-290-026). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 21 2010 11/18/2010 TBD • PA10-0347 Linfield PDO Amd APN # 955020006 ERIC JONES A Land Use Amendment application to amend PDO -7 for Linfield Christian School. Revisions will include the addition of senior housing density requirements and a revision to the PDO Planning Area Map. Located at 31950 Pauba Road (Related Applications PA10-0348 Tentative Parcel Map and PA10-0349 Major Modification) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD 4 of 7 Planning Agenda Report 2/1/2011 through 2/28/2011 APN # • PA10-0348 Linfield TTM 36098 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349: Major Mod and PA10-0347 PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD • PA10-0349 Linfield Major Mod APN # 955020006 ERIC JONES A Major Modification to a previously approved CUP for Linfield Christian School. Modifications include revisions to the approved site plan and the addition of new facilities for the school. Located at 31950 Pauba Road (Related applications PA10-0348 Tentative Track Map and PA10-0347 PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD • PA11-0009 Harveston TPM APN # 916560006 ERIC JONES A Tentative Parcel Map to allow one existing parcel to be divided into three separate parcels. Project is located on the southwest corner of Landings Road and Village Road within the Harveston Specific Plan (Current APN: 916-560 -006) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 18 2011 TBD • PA11-0023 Rod Run APN # 922026008 CHRISTINE DAMKO Spring Rod Run to take place in Old Town on Friday, March 12 and Saturday, March 13 with Front Sreet street closure Submitted Date Anticipated DRC Meeting Date Administrators Hearing Jan 27 2011 Mar 10 2010 • PA11-0031 Rancho Highlands Maravilla MHC APN # 944330001 CHERYL KITZEROW A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PA10-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD • PA11-0033 Vail Ranch Major Mod APN # 960010044 ERIC JONES A Major Modification Application to allow the Vail Ranch Historic Site to revise the phasing plan. Revisions consist of postponing construction of several items to phase 2. Project is generally located at the southeast corner of Redhawk Parkway and Wolf Store Road (APN:960-010-044) Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 4 2011 TBD APN # 5 of 7 Planning Agenda Report 2/1/2011 through 2/28/2011 • PA11-0038 Cross Walk 910300014 CHRISTINE DAMKO A Special Event Permit for the Annual Crosswalk on April 8, 2011 from 11:00 a.m. to 3:00 p.m. starting at Temeku Cinemas in Palm Plaza and ending at Sam Hicks Park in Old Town. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 10 2011 TBD • PA11-0040 Bob and Gary's Berries APN # 921700016 ERIC JONES A Major Temporary Use Permit to allow for a seasonal strawberry stand to be located at 42225 Margarita Road from March 1st through June 30th Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 10 2011 TBD • PA11-0044 NewPath Networks (Node TM -15) APN # 910330011 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -15) in the City of Temecula right-of-way on the south side of Winchester Road, approximately 600' east of Margarita Road Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0045 NewPath Networks (Node TM -21) 945050019 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -21) in the City of Temecula right-of-way on the north side of Margarita Road, approximately 340' east of Avenida Cima Del Sol Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0046 NewPath Netowrks (Node TM -25) 921612009 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -25) in the City of Temecula right-of-way on the south side of Serena Way, approximately 145' west of Via La Vida Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0047 NewPath Networks (Node TM -27) 921330052 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -27) in the City of Temecula right-of-way on the east side of La Serena Way, approximately 200' north of centerline of Margarita Road Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD • PA11-0048 NewPath Networks (Node TM -29) 6 of 7 APN # 921202003 MATTHEW PETERS Planning Agenda Report 2/1/2011 through 2/28/2011 A Conditional Use Permit for New Path/Crown Castle to install a new 40' high wood pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -29) in the City of Temecula right-of-way on the south side of Del Rey Road, across from the intersection at Via Corsica Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0049 NewPath Networks (Node TM -30) 919312004 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -30) in the City of Temecula right-of-way on the south side of Avenida Centenario, approximately 100' west of the house at 30661 Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0050 NewPath Networks (Node TM -42) 921232001 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -42) in the City of Temecula right-of-way on the northwest side of Margarita Road, approximately 370' east of Avenida Barca Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD • PA11-0053 Chaparral 3 Variance APN # 922026021 CHERYL KITZEROW A Variance request for Chaparral 3 (PA10-0226) to reduce the front setback from 10 feet to a variable setback that ranges from 18" to 4 feet; and to reduce the rear setback for parking from 40 feet to 24 feet and to allow a drive ailse within this setback area. Project site is located at 28455 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 25 2011 TBD • PA11-0055 REALITY RALLY APN # 922044019 CHRISTINE DAMKO A Special Event Permit for a scavenger race throughout Temecula with over 100 reality tv stars to take place on Saturday, April 16, 2011. The race will start (at noon) and end (at 4:OOpm) at the Temeucla Civic Center. This fundraising event will benefit Michelle's Place. Mercedes Street will be closed in front of the Civic Center and Town Square "Y". Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 28 2011 TBD • PA11-0056 Margarita Crossings TPM 36369 APN # 921810033 CHERYL KITZEROW A Tentative Parcel Map No. 36369 to subdivide the Margarita Crossings shopping center from one existing lot into four lots for financing purposes. The project site is located at the southwest corner of Overland Drive and Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 1 2011 TBD 7 of 7 !i%jijllP%� I11111111111J" 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 17 Approvals City Attorney Director of Finance City Manager GoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 22, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the months of February, 2011. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report February / March 2011 Prepared by: Amer Attar Submitted by: Greg Butler Date: 3/22/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2010. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in April of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. Final work items involve completion of the show power which is in design and set to be constructed in spring of 2011. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage The structure was opened to the public on March 1, 2010. Punch list and close out work will be ongoing for two to three months. In addition a long term (5 year) maintenance contract for landscaping in the Caltrans right of way was awarded at the 10/26/10 City Council meeting. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. The City has reached an agreement with the contractor and the contract is being closed out. Old Town Civic Center 1 This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Work on Parking Structure Tenant Improvements will be ongoing through March of 2011. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project will renovate the Escallier House and Barn. Bids were opened on March 4, 2010. A recommendation to award a contract was approved at the City Council at the 03/23/10 meeting. Notice to proceed is effective 05/03/10 for Phase 2. The Food Pantry has relocated to the new building. The old trailers has been removed, site work has begun and is on-going. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half -court basketball court, and permanent dog park at Redhawk Community Park. As part of this project, a seatwall will be installed at Sunset Park. The project is essentially complete Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City compiled the list of outstanding items and costs and sent them to the City Attorney for presentation to the bonding company. Citywide Slurry Seal Project FY 2009-2010 This project will slurry seal local streets within the Roripaugh Hills Estates, Campos Verdes tract and Nicolas Valley Areas. Proposition 1B funds will be used to fund this project. The project is complete. The City Council accepted the project at the 02/22/2011 meeting. Traffic Signal Installation - Citywide This project will install traffic signals on Rancho California Road at Yukon Road. Authorization to solicit construction bids was received from City Council on 08/10/10. The project was advertised and bids were opened on 10/21/10. The City Council awarded this project at the 11/09/10 meeting. Pre -construction meeting was held on 12/01/10. Contractor is potholing for utilities. Citywide Storm Drain Improvements - Rancho California Rd at Vincent Moraga Dr Project consists of installing two catch basins and approx. 100' of RCP drainage pipe across Rancho California Road at Vincent Moraga Drive, as well as relocation of an existing RCWD waterline. Storm drain installation work is complete and the system is fully functional. Landscape restoration has been completed; the project is complete. Project acceptance to go to City Council 04/05/2011. Citywide Slurry Seal Project FY 2009-2010 This Project is the annual slurry seal project that will slurry seal local streets in Temeku Hills and a portion of Chardonnay Hills. The project is complete. The City Council accepted the project at the 02/22/2011 City Council meeting. Citywide Concrete Repairs FY 2009-2010 2 This project will consist of various concrete repairs throughout the City. The project is complete. Closed Circuit Television (CCTV) Installation on Temecula Parkway This Project will install fiber optic cable in existing conduits and 4 television cameras at four intersections to monitor traffic flow on Temecula Parkway between Pechanga Parkway and Butterfield Stage Road. The project is complete. Waiting on the Contractor to submit invoices. Pavement Rehabilitation - Nicolas Road This project will rehabilitate Nicolas Road from Joseph Road to Calle Girasol. The City Council awarded the contract to Kad Paving Company at the March 8, 2011 meeting. Construction is scheduled to start in late March 2011. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project involves the installation of landscape and irrigation improvements on a .26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11 - the plant establishment period (90 -day landscape maintenance) is now in process. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. A site visit with the DFG took place on 03/16/10. Another site visit, this time with Army Corps and Regional Water Board was conducted on April 23rd. Water table level tests showed no sign of water within 18' depth. Resource agencies are being consulted about an alternate mitigation strategy. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The design is complete and the City has the mylars for signature. The Consultant submitted the revised Legals and Plats for processing. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Caltrans is in the process of completing the final review of the environmental technical reports, and issuance of a signed CE. Fish & Game has issued a 'No Streambed Alteration Agreement Required' determination - permitting efforts through CDFG are complete. The ACOE and RWQCB permit applications are still being processed. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Environmental clearance (Categorical Exclusion) was obtained from Caltrans on 5/20/10. Request for Authorization (RFA) to Proceed with Construction package was submitted to Caltrans on 06/24/10; approval is contingent on obtaining resource agency permits. A "No Streambed Alteration Agreement Required" determination received from CDFG on 11/16/10. USACE and the RWQCB have provided notification (as of 1/6/11) that no permits will be required from either agency - re -submittal to Caltrans for the RFA took place on 2/11/2011. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The consultant submitted 90% Plans and Specifications. City completed its review and provided comments to the consultant. Consultant continue to work on the 100% plans. Submittal of 100% plans is anticipated in late March. 4 French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: > 100% PS&E - Target submittal 02/21/2011. > Right of Way - Establishing and securing limits of dedication. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - Pothole of existing utilities within APE are complete. Relocation Claim Letter was sent to all utility companies and discussions regarding relocations have begun. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. A time line was established by TCSD for the design and environmental work. The TCSD Board of Directors approved the Conceptual Master Plan on May 11, 2010. Consultant is working on design and environmental work. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. Consultant is finalizing 100% plans for signature. Roripaugh Ranch Street Improvements - Phase! Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Rd and making the Fire Station functional. David Evans and Associates' (DEA) and Hirsh & Associates, Inc. (HAI) were awarded contracts to complete the design. Final (100%) plans were returned to DEA for corrections. Staff is working on the Bid Docs. Staff is also coordinating with all the utilities. The City Attorney is to review the impacts of the FDIC's new involvement. 1-15 / SR -79S Ultimate Interchange 95% PS&E (2nd Submittal) - Preparing to submit to Caltrans. Pavement Rehabilitation This project will rehabilitate portions of Winchester, Rancho California, Ynez and Margarita Roads. Currently the City is getting additional Right -of -Way documents for the design consultant. Consultant submitted the 30% plans for PW 10-05a, PW 10-05d & 10-05e during the week of 2-07-11. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II 5 RFP171 for Engr Svcs: Aug - Sep 2010. Evaluation/Interview: Oct - Nov 2010. City is currently under negotiations with the most qualified candidate. PROJECTS IN THE PLANNING STAGE French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements (PA & ED) Project Report - Approved January 2010. Environmental Document - Approved January 2010. New Connection Report - Approved April 2010. Freeway Agreements - Submitted to Caltrans for final execution July 2010; Pending CTC approval of City request for consideration for future funding and Caltrans request for a New Public Road Connection (both scheduled for March 2011 CTC meeting). MEMORANDUM TO: Greg Butler, Director pf Public Works FROM: Rodney Tidwell, Maintenance Super so DATE: March 7, 2011 SUBJECT: Monthly Activity Report - February, 2011 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of February, 2011: I. SIGNS A. Total signs replaced 74 B. Total signs installed 12 C. Total signs repaired 108 D. Banners Replaced 92 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 120 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 2,979 B. Total Tons 81 IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under sidewalks D. V -Ditch E. Channels V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL 261 5 2 1 2 A. Total locations 103 B. Total S.F. 6,257 VII. STENCILING A. 4 New and repainted legends B. 1,204 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 22 Thermal Plastic R:\MAINTAINIMOACfRPT Also, City Maintenance staff responded to 55 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 76 , service order requests for the month of January, 2011. The Maintenance Crew has also put in 42.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of February, 2011 was $49,895.00 compared to $88,123.00 for the month of January, 2011. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer $ 49,895.00 $ Capital Improvements Land Development Traffic Division RIMAINTAINIMOACTRPT DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2010 - 2011 Date Submitted: Submitted By: Prepared By: March 7, 2011 Greg Butler Rodney Tidwell V M —y WORK WORK WORK TOTAL COST FOR TOTAL COST FOR COMPLETED COST FOR JAN. COMPLETED COST FOR FEB. COMPLETED COST FOR THIS FISCAL LAST FISCAL SCOPE OF WORK JAN. 11 JAN. 11 FEB. '11 FEB. '11 MARCH '11 MARCH 11 YEAR YEAR ASPHALT AC Square Footage: 4,310 $12,800.70 2,979 $8,847.63 $55,733.53 $220,978.22 Tons: 114 81 $0.00 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 0 $0.00 $0.00 $0.00 PCC Yards: 0 $0.00 0 $0.00 $0.00 $23,765.00 STRIPING LINEAR FEET: 300 $21.00 1,204 584.28 5305.69 5131,385.09 IN-HOUSE PAINTING LEGENDS: 0 50.00 26 S208.00 517,936.00 528,408.00 SIGNS REPLACED Material: 180 $9,000.00 76 $3,800.00 $27,750.00 $32,500.00 Labor: $4,750.20 $2,005.64 $14,646.12 $17,153.50 SIGNS INSTALLED Material: 7 5350.00 12 5600.00 $3,850.00 $4,750.00 Labor: $184.73 $316.68 $2,032.03 $2,506.66 SIGNS REPAIRED Material: 51 $2,550.00 108 $5,400.00 $24,786.50 Labor: $1,345.89 $2,850.12 58,207.29 GRAFFITI Square Footage: 7,298 6,257 DRAINAGE CHANNELS CLEANED Basins: 115 53,034.85 269 $7,098.91 553,888.38 $109,070.57 Channels: 4 $58,815.00 2 $177,505.50 $103,237.78 IN-HOUSE TREES TRIMMED: 20 $527.80 120 53,166.80 517,575.74 511,453.26 SERVICE ORDER REQUESTS: 76 55 AFTER HOURS CALL OUTS: 64 52,533.76 43 51,682.75 535,551.99 548,438.36 R.O.W. WEED ABATEMENT: 0 S0.00 0 550.32 52,939.96 TOTALS 595,913.93 536,060.81 5439,819.09 5736,586.40 R:\MAI NTAI N\MOACTRPT\STRE ETMA: NTWAN. F E B.MAR.\07-08 DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2010-2011 it Date Submitted: Submitted By: Prepared By: 07 -Mar -11 Greg Butler Rodney Tidwell CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE 2ND HALF TOTALS YEAR-TO-DATE Asphalt Square Feet 0 0 0 18,000 Concrete Square Feet 0 0 0 0 Drainage Channels 4 0 4 22 TOTAL COSTS $58.815.00 $25.789.00 884.604.00 $114,457.00 CONTRACT STRIPING Striping Linear Feet 0 0 0 0 Sandblasting Linear Feet 0 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 $0.00 TREE CONTRACTORS 297 337 610 irees I rimmed 40 Trees Removed 1 37 38 70 TOTAL COSTS $3,156.00 $16.356.00 819,512.00 $37,320.00 R.O.W. SPRAYING Square Feet 355 135 490 490 TOTAL COSTS 519,975.00 87.750.00 $27,725.00 838.180.00 CITY MAINTENANCE CREW Banners 0 92 92 627 Signs Replaced 180 74 254 553 Signs Installed 7 12 19 77 Signs Repaired 51 108 159 661 Catch Basins Cleaned 115 269 384 1,952 Trees Trimmed 20 120 140 666 R.O.W. Weed Abatement 0 0 0 1,480 New & Repainted Legends 0 0 0 2,160 After Hours Call Outs 64 43 107 827 Service Order Requests 76 55 131 574 Graffiti Removal - Sq Ft 7,298 3.257 13.555 34.618 TOTAL COSTS $20,381.34 $49,895.00 $70,276.34 $326.445.43 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 2011 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST SIZE OF WORK ACCOUNT CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 02.16.11 # 5402 CITYWIDE ANNUAL TREE TRIMMING PROGRAM TOTAL COST $ 16,356.00 Date: TOTAL COST Date:. TOTAL COST Date: # TOTAL COST CONTRACTOR: IMPERIAL PAVING INC. Date: 02.14.11 # 5402 MARGARITA ROAD AT RANCHO VISTA REMOVE AND REPLACED DAMAGED ASPHALT TOTAL COST $ 25,789.00 Date: TOTAL COST CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: # 5402 CITYWIDE APPLIED "PRE EMERGENT" WEED SPRAY R.O.W. TO CITY TOTAL COST $ 7,750.00 Date: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 $49,895.00 TOTAL COST ACCOUNT #99-5402 R:\MAINTAIMMOACTRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF FEBRUARY, 2011 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 02/01/11 YNEZ AT COUNTY CENTER R & R 410 10.5 02/02/11 YNEZ AT COUNTY CENTER R & R 388 10.5 02/03/11 COUNTY CENTER DRIVE R & R 325 9 02/04/11 41775 YORBA POTHOLE 20 TEMP MARGARITA AT SOUTHERN CROSS POTHOLE 4 TEMP 02/07/11 NICOLAS ROAD POTHOLE 16 TEMP 02/09/11 VIA LA VIDA AT MARGARITA POTHOLE 2 TEMP 02/11/11 CITYWIDE POTHOLE 40 TEMP 02/15/11 OLD TOWN FRONT STREET AT CROSS GUTTER R & R 187 10 02/16/11 NICOLAS ROAD POTHOLES 8 02/17/11 JEFFERSON AT OVERLAND POTHOLES 2 CITYWIDE POTHOLES 47 TEMP l 02/21/11 RANCHO VISTA AT VIA EL GRECO POTHOLES 2 02/22/11 CITYWIDE POTHOLES 217 2 02/23/11 28991 OLD TOWN FRONT POTHOLES 5 30753 DE PORTOLA R & R 15 LOLITA ROAD R & R 70 5 02/24/11 OLD TOWN FRONT STREET AT PLAZA DEL RIO R & R 1,086 32 02/28/11 CITYWIDE POTHOLES 135 2 TOTAL S.F. OF REPAIRS TOTAL TONS 2,979 81 RVMAINTAINI WKCMPLTD\ASPNALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF FEBRUARY, 2011 1)A7'E LOCATION WORK COMPLETED 02/01/11 AREA #4 CLEANED & CHECKED 9 CATCH BASINS 02/02/11 AREA #4 CLEANED & CHECKED 44 CATCH BASINS AREA #4 CLEANED & CHECKED 1 UNDERSIDEWALK 02/03/11 AREA #4 CLEANED & CHECKED 25 CATCH BASINS 02/04/11 YUKON AT RED RIVER CLEANED & CHECKED 1 CATCH BASINS COSMIC AT RANCHO CALIFORNIA ROAD CLEANED & CHECKED 1 CATCH BASINS REDHAWK AT VIA RIO TEMECULA CLEANED & CHECKED 1 CATCH BASINS RANCHO CALIFORNIA ROAD AT MARGARITA CLEANED & CHECKED 1 CATCH BASINS 02/07/11 CITYWIDE CLEANED & CHECKED 20 CATCH BASINS 02/08/11 AREA #4 CLEANED & CHECKED 40 CATCH BASINS 02/09/11 AREA #4 CLEANED & CHECKED 23 CATCH BASINS 02/10/11 AREA #4 CLEANED & CHECKED 26 CATCH BASINS JEDEDIAH SMITH CLEANED & CHECKED 1 DOWN SPOUT 02/14/11 CITYWIDE HOT SPOTS CLEANED & CHECKED 10 CATCH BASINS 02/16/11 AREA #1 CLEANED & CHECKED 3 DOWN SPOUTS AREA #1 CLEANED & CHECKED 2 CHANNELS AREA #1 CLEANED & CHECKED 2 CATCH BASINS RANCHO WAY AT BUSINESS PARK DRIVE CLEANED & CHECKED 1 V -DITCH DE PORTOLA AT CALLE RIVAS CLEANED & CHECKED 1 CATCH BASINS SINGLE OAK AT BUSINESS PARK DRIVE CLEANED & CHECKED 1 CATCH BASINS YNEZ AT DATE CLEANED & CHECKED 1 CATCH BASINS 02/17/11 AREAS #1 - #4 CLEANED & CHECKED 10 CATCH BASINS AREAS #1 - #4 CLEANED & CHECKED 6 BOWLS YNEZ AT EQUITY CLEANED & CHECKED 1 CATCH BASINS 02/21/11 CITYWIDE "HOT SPOTS" CLEANED & CHECKED 23 CATCH BASINS 02/23/11 AREA #1 CLEANED & CHECKED 2 CATCH BASINS RANCHO CALIFORNIA ROAD AT VINCENT MORAGA CLEANED & CHECKED 1 BOWL 02/24/11 AREAS #1 - #5 CLEANED & CHECKED 7 CATCH BASINS R:\MAINTAIN\W KCMPLETD\CATCHBAS\ DATE+' LOCATION WORK CONIPLL1'F l) 02/24/11 DIAZ AT BLACK DEER LOOP CLEANED & CHECKED 1 DOWN SPOUT 02/28/11 CITYWIDE "HOT SPOTS" CLEANED & CHECKED 10 CATCH BASINS CITYWIDE "HOT SPOTS" CLEANED & CHECKED 1 UNDERSIDEWALK TOTAL CATCH BASINS CLEANED & CHECKED 261 TOTAL V -DITCH CLEANED & CHECKED 1 TOTAL CHANNELS CLEANED & CHECKED 2 TOTAL UNDERSIDEWALKS CLEANED & CHECKED 2 TOTAL DOWN SPOUTS CLEANED & CHECKED 5 TOTAL BOWLS CLEANED & CHECKED 7 R:\MAINFAIN\WKCMPLE1 D\CATCEBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF FEBRUARY, 2011 DA'I'I+; LOCATION WORK COMPLETED 02/01/11 LA SERENA AT CALLE PINA COLADA REMOVED 380 S.F. OF GRAFFITI RUSTIC GLEN AT KNOLL RIDGE REMOVED 102 S.F. OF GRAFFITI 02/03/11 NICOLAS AT WARBLER REMOVED 4 S.F. OF GRAFFITI WALCOTT AT CANTRELL REMOVED 6 S.F. OF GRAFFITI 02/04/11 WOLF VALLEY AT REDHAWK REMOVED 1 S.F. OF GRAFFITI 25522 REDHAWK PARKWAY REMOVED 3 S.F. OF GRAFFITI REDHAWK PARKWAY AT EASTRIDGE REMOVED 1 S.F. OF GRAFFITI LONG VALLEY AT ROANOAKE REMOVED 2 S.F. OF GRAFFITI LONG VALLEY AT HUMBER REMOVED 1 S.F. OF GRAFFITI RANCHO VISTA AT RONALD REAGAN PARK REMOVED 12 S.F. OF GRAFFITI RANCHO VISTA AT MIRA LOMA REMOVED 8 S.F. OF GRAFFITI RANCHO VISTA AT MARGARITA REMOVED 0 S.F. OF GRAFFITI RANCHO VISTA AT MARGARITA REMOVED 2 S.F. OF GRAFFITI 31804 WOLF VALLEY REMOVED 2 S.F. OF GRAFFITI 02/07/11 PEPPERCORN REMOVED 2 S.F. OF GRAFFITI 32667 DEER HOLLOW REMOVED 10 S.F. OF GRAFFITI WOLF CREEK NO. AT WOLF VALLEY ROAD REMOVED 1 S.F. OF GRAFFITI MUIRFIELD AT PECHANGA REMOVED 1 S.F. OF GRAFFITI PECHANGA PARKWAY CHANNEL REMOVED 330 S.F. OF GRAFFITI AVENIDA DE MISSIONS CHANNEL REMOVED 1,000 S.F. OF GRAFFITI ROANOAKE AT LONG VALLEY REMOVED 1 S.F. OF GRAFFITI HUMBER AT RANCHO CALIFORNIA ROAD REMOVED 2 S.F. OF GRAFFITI YNEZ AT YNEZ COURT REMOVED 90 S.F. OF GRAFFITI MARGARITA BRIDGE REMOVED 35 S.F. OF GRAFFITI WINCHESTER BRIDGE REMOVED 9 S.F. OF GRAFFITI SANTA GERTRUDIS CREEK REMOVED 100 S.F. OF GRAFFITI NORTH GENERAL KEARNY BRIDGE REMOVED 116 S.F. OF GRAFFITI - R:\MAINTAIN\WKCMPI: FftGRAFFITI\ DATE LOCATION WORK COMPLETED 02/07/11 MEADOWS PARKWAY REMOVED 2 S.F. OF GRAFFITI SANTIAGO AT QUIET MEADOW REMOVED 1 S.F. OF GRAFFITI 02/08/11 VIA GILBERTO REMOVED 30 S.F. OF GRAFFITI RYCREST AT NIGHTVIEW CIRCLE REMOVED 2 S.F. OF GRAFFITI 02/09/11 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 4 S.F. OF GRAFFITI VIA GILBERTO AT RUIDOSA REMOVED 20 S.F. OF GRAFFITI VIA GILBERTO AT RUIDOSA REMOVED 90 S.F. OF GRAFFITI RANCHO VISTA AT SOUTHERN CROSS REMOVED 20 S.F. OF GRAFFITI OVERLAND TRAIL AT REDHAWK REMOVED 15 S.F. OF GRAFFITI MAIN STREET PARKING LOT REMOVED 2 S.F. OF GRAFFITI 02/14/11 MAIN STREET BRIDGE REMOVED 125 S.F. OF GRAFFITI RAINBOW CANYON ROAD REMOVED 40 S.F. OF GRAFFITI 48525 PEACH TREE REMOVED 1 S.F. OF GRAFFITI 1si AT OLD TOWN FRONT STREET REMOVED 2 S.F. OF GRAFFITI PEACH TREE AT PECHANGA DRIVE REMOVED 10 S.F. OF GRAFFITI PEACH TREE AT DEER HOLLOW REMOVED 14 S.F. OF GRAFFITI PEACH TREE AT PECHANGA DRIVE REMOVED 16 S.F. OF GRAFFITI ANZA AT DRYMAN REMOVED 1 S.F. OF GRAFFITI CAMINITO AVILA AT REDHAWK REMOVED 2 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 60 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 155 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 320 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 300 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 255 S.F. OF GRAFFITI REDHAWK BRIDGE REMOVED 35 S.F. OF GRAFFITI SEAGULL WAY AT BADGER WAY REMOVED 2 S.F. OF GRAFFITI BEHIND TARGET CENTER REMOVED 110 S.F. OF GRAFFITI 26490 YNEZ ROAD REMOVED 15 S.F. OF GRAFFITI YNEZ AT OVERLAND REMOVED 2 S.F. OF GRAFFITI 02/15/11 MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 12 S.F. OF GRAFFITI WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 405 S.F. OF GRAFFITI R:1MA1N1'AIN1 W KOHLTDIG RA FFITI1 DATE LOCATION WORK COMPLETED 02/15/11 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 150 S.F. OF GRAFFITI NICOLAS AT WINCHESTER REMOVED 1 S.F. OF GRAFFITI MARGARITA AT STONEWOOD REMOVED 6 S.F. OF GRAFFITI SO. GENERAL KEARNY AT LA SERENA REMOVED 35 S.F. OF GRAFFITI 02/16/11 DE PORTOLA AT MEADOWS REMOVED 1 S.F. OF GRAFFITI YNEZ AT DATE REMOVED 20 S.F. OF GRAFFITI MARGARITA AT DE PORTOLA REMOVED 1 S.F. OF GRAFFITI 02/17/11 JEFFERSON AT WINCHESTER REMOVED 2 S.F. OF GRAFFITI MARGARITA AT PAUBA REMOVED 1 S.F. OF GRAFFITI YNEZ AT EQUITY REMOVED 6 S.F. OF GRAFFITI VIA PUERTA REMOVED 2 S.F. OF GRAFFITI LA SERENA AT CALLE PINA COLADA REMOVED 2 S.F. OF GRAFFITI SOLANA AT CALLE ARANDA REMOVED 24 S.F. OF GRAFFITI CHANTEMAR AT SONORA CIRCLE REMOVED 8 S.F. OF GRAFFITI 02/18/11 REDHAWK PARKWAY REMOVED 20 S.F. OF GRAFFITI REDHAWK PARKWAY BRIDGE REMOVED 70 S.F. OF GRAFFITI BUTTERFIELD STAGE BRIDGE REMOVED 560 S.F. OF GRAFFITI MARGARITA AT MORAGA REMOVED 1 S.F. OF GRAFFITI VIA RAZO AT CALLE CARABANA REMOVED 4 S.F. OF GRAFFITI 02/22/11 WABASH AT PECHANGA DRIVE REMOVED 4 S.F. OF GRAFFITI RAINBOW CANYON BRIDGE REMOVED 300 S.F. OF GRAFFITI BEDFORD COURT AT TEMECULA COURT REMOVED 1 S.F. OF GRAFFITI TEMECULA PARKWAY AT MAHLON VAIL ROAD REMOVED 2 S.F. OF GRAFFITI RANCHO VISTA AT SPORTS PARK REMOVED 4 S.F. OF GRAFFITI RANCHO VISTA AT BUTTERFIELD STAGE REMOVED 1 S.F. OF GRAFFITI AGENA AT SOUTHERN CROSS REMOVED 8 S.F. OF GRAFFITI 1-15 FWY AT TEMECULA CREEK REMOVED 110 S.F. OF GRAFFITI WINCHESTER BRIDGE AT SANTA GERTRUDIS REMOVED 9 S.F. OF GRAFFITI RUSTIC GLEN AT KNOLLRIDGE REMOVED 8 S.F. OF GRAFFITI WINCHESTER BRIDGE AT SANTA GERTRUDIS REMOVED 7 S.F. OF GRAFFITI SOLANA AT CALLE ARANDA REMOVED 3 S.F. OF GRAFFITI R: \MAINTAIN\WKCMPLTD'\G R A R TI [\ DATE LOCA'T'ION WORK COMPLETED 02/22/11 RANCHO VISTA AT CALLE RIO VISTA REMOVED 12 S.F. OF GRAFFITI 2/23/11 VIA GILBERTO AT CREEK BED REMOVED 360 S.F. OF GRAFFITI 31472 LA SERENA REMOVED 1 S.F. OF GRAFFITI NICOLAS AT CALLE MEDUSA REMOVED 1 S.F. OF GRAFFITI 02/24/11 NICOLAS AT WARBLER REMOVED 2 S.F. OF GRAFFITI VIA CESARIO AT CORTE ARGENTO REMOVED 4 S.F. OF GRAFFITI 02/25/11 31126 RUIDOSA REMOVED 12 S.F. OF GRAFFITI 31118 RUIDOSA REMOVED 6 S.F. OF GRAFFITI 31125 RUIDOSA REMOVED 90 S.F. OF GRAFFITI 02/28/11 28964 OLD TOWN FRONT STREET REMOVED 10 S.F. OF GRAFFITI RAINBOW CANYON BRIDGE REMOVED 20 S.F. OF GRAFFITI RANCHO VISTA AT MEADOWS REMOVED 50 S.F. OF GRAFFITI LONG VALLEY / ROANOAKE REMOVED 1 S.F. OF GRAFFITI TARGET CENTER REMOVED 6 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 6,257 103 R \MAINTAIN\WKCMP3.TA\GRAFPITP. SQUARE FOOTAGE January February March April May June July August September October November December 7,298 6,267 CITY OF TEMECULA 2011 GRAFFITI REMOVAL TOTAL CALLS January February March April May June July August September October November December 113 103 51000 49000 47000 45000 43000 41000 39000 37000 35000 33000 31000 29000 27000 25000 23000 21000 19000 17000 15000 13000 11000 9000 7000 5000 3000 1000 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC Totals for the Year To Date: Mar. 1, 2011 Sq. Foot 13,555 Calls 216 -r SQ FT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MON'T'H OF FEBRUARY, 2011 DATE LOCATION WORK COMPLETED 02/02/11 MARGARITA AT WINCHESTER TRIMMED 2 R.O.W. TREES 43786 ALCOBA TRIMMED 2 R.O.W. TREES 02/03/11 CALLE PORTOFINO AT CAMPO TRIMMED 2 R.O.W. TREES 02/04/11 BARBERRY AT BOLANDRA TRIMMED 1 R.O.W. TREES HUMBER AT CHURCHILL TRIMMED 2 R.O.W. TREES 02/09/11 YNEZ AT VALLEJO TRIMMED 3 R.O.W. TREES 02/15/11 LA CADENA AT VIA NORTE TRIMMED 4 R.O.W. TREES 02/16/11 VIA NORTE AT MONTE VERDE TRIMMED 4 R.O.W. TREES AVENIDA VERDE AT DEL REY TRIMMED 2 R.O.W. TREES VIA LOBO AT NICOLAS TRIMMED 26 R.O.W. TREES MARGARITA AT JEDEDIAH SMITH TRIMMED 15 R.O.W. TREES K -MART CHANNEL TRIMMED 9 R.O.W. TREES NICOLAS ROAD TRIMMED 10 R.O.W. TREES MARGARITA AT LA SERENA TRIMMED 1 R.O.W. TREES MARGARITA AT AVENIDA BARCA TRIMMED 1 R.O.W. TREES MARGARITA AT AVENIDA BARCA TRIMMED 1 R.O.W. TREES MARGARITA AT PASEO BRILLANTE TRIMMED 1 R.O.W. TREES 02/17/11 C -STREET CHANNEL TRIMMED 6 R.O.W. TREES K -MART CHANNEL TRIMMED 6 R.O.W. TREES VOLTA WAY AT GUEVARA TRIMMED 1 R.O.W. TREES 02/18/11 MARGARITA AT MORAGA TRIMMED 5 R.O.W. TREES VIA RAZO AT LEENA WAY TRIMMED 8 R.O.W. TREES CAMINO CALIARI TRIMMED 4 R.O.W. TREES 02/23/11 BRIDGEHAMPTON AT NANTUCKET TRIMMED 1 R.O.W. TREES TRENTON AT GLOUCESTER TRIMMED 3 R.O.W. TREES GREENWOOD LANE TRIMMED 1 120 R.O.W. TREES 1 TOTAL R.O.W. TREES TRIMMED R:\MAINTAIMWRKCOMPLTD1TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF FEBRUARY, 2011 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 01/28/11 LA SERENA AT CALLE PINA COLADA GRAFFITI 02/01/11 02/03/11 ROANOAKE AT LONG VALLEY GRAFFITI 02/04/11 CORTE ALMONTE AT CALLE VERONICA SIGN REPAIR 02/04/11 41775 YORBA AVENUE POTHOLE 02/04/11 01/27/11 30319 MIRA LOMA CATCH BASIN 01/31/11 01/02/11 30719 JEDEDIAH SMITH DEBRIS 02/10/11 02/04/11 CAFERA AT MEADOWS PARKWAY SIGN REPAIR 02/07/11 02/07/11 ROANOAKE AT LONG VALLEY GRAFFITI 02/07/11 SANTIAGO AT VAN AVERY PREP GRAFFITI 02/07/11 02/08/11 30121 VIA GILBERTO GRAFFITI 02/08/11 RYCREST AT NIGHTVIEW CIRCLE GRAFFITI 02/08/11 02/09/11 MALL "RING ROAD" POTHOLE 02/10/11 02/10/11 ROANOAKE AT LONG VALLEY GRAFFITI 02/11/11 NICOLAS ROAD POTHOLES 02/11/11 02/07/11 TEHACHAPI PASS AT REGINA WATER LEAK 02/07/11 REDHAWK AT OVERLAND TRAIL GRAFFITI 02/09/11 31021 VIA GILBERTO GRAFFITI 02/09/11 02/08/11 EL FARO ROAD OIL SPILL 02/09/11 PECHANGA PARKWAY AT WOLF VALLEY TC / SIGN REPAIR 02/09/11 02/13/11 SEAGULL WAY AT BADGER WAY GRAFFITI 02/14/11 02/14/11 30485 IRON BARK COURT TREE 02/14/11 CAMPOS VERDES LANE AT MALL ROAD POTHOLES 02/16/11 02/15/11 30096 MIRA LOMA DRIVE CONCRETE REPAIR 02/16/11 02/17/11 29609 CALLE VIOLETA DEBRIS 02/17/11 SOLANA WAY AT VIA NORTE GRAFFITI 02/17/11 REDHAWK BRIDGE GRAFFITI 02/18/11 BUTTERFIELD STAGE BRIDGE GRAFFITI 02/18/11 DATE REC'I) LOCATION REQUEST DATE WORK COMPLETED 02/17/11 31398 HEITZ LANE TREE 02/24/11 29870 LONG VALE COURT TREE 02/24/11 VERDES AT MANCERA WAY GRAFFITI 02/17/11 02/18/11 AMARITA AT CALLE ESPIRITO HAZMAT 02/18/11 02/22/11 MARGARITA AT STONEWOOD SHOPPING CARTS 02/23/11 HILL STREET AT CROWNE HILL DEBRIS 02/23/11 PECHANGA CHANNEL GRAFFITI 02/23/11 02/18/11 ROSEWELL AT FRANKFORT SIGN REPAIR 02/18/11 02/20/11 RANCHO VISTA AT CALLE RIO VISTA GRAFFITI 02/22/11 02/22/11 SOLANA WAY AT CALLE ARANDA GRAFFITI 02/22/11 45356 CLUBHOUSE DRIVE TREE 02/25/11 RANCHO CALIFORNIA ROAD AT YNEZ SIGN REPAIR 02/24/11 AVENIDA DE LA REINA AT RANCHO VISTA TREE 02/24/11 02/20/11 RUSTIC GLEN DRIVE GRAFFITI 02/22/11 02/23/11 42106 COSMIC DRIVE TREE 02/24/11 JEFFERSON AT DEL RIO SIGN REPAIR 02/24/11 DIAZ AT BLACK DEER LOOP CATCH BASIN 02/24/11 02/22/11 MARGARITA AT PASEO BRILLANTE POTHOLES 02/22/11 MARGARITA AT SOLANA WAY POTHOLES 02/23/11 02/24/11 RANCHO CALIFORNIA ROAD AT MEADOWS DEBRIS 02/25/11 02/25/11 RUIDOSO AT VIA GILBERTO GRAFFITI 02/25/11 02/27/11 32057 CORTE LA PUENTA GRAFFITI 02/28/11 02/28/11 CORTE ILLORA AT VIA JUMILLA DEBRIS 02/28/11 02/07/11 45848 PALMETTO WAY ASPHALT REPAIR 03/02/11 02/28/11 BUTTERFIELD STAGE AT RANCHO CALIFORNIA ROAD POTHOLES 03/01/11 ASTEROID AT RANCHO CALIFORNIA ROAD POTHOLES 03/01/11 NICOLAS AT NO. GENERAL KEARNY POTHOLES 03/01/11 30758 DEL REY ROAD ASPHALT REPAIR 03/02/11 TOTAL SERVICE ORDER REQUESTS 55 R:Uv1A]NTAIMWRKCOMPL 1 ULSORS'•. CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF FEBRUARY, 2011 DATE LOCATION WORK COMPLETED j 02/01/11 MAIN STREET AT MERCEDES NEW INSTALL SPECIALTY 02/02/11 MARGARITA AT WINCHESTER REPAIR R3-7 ALCOBA AT TREVOLY REPAIR SNS CARINI AT TREVOLY REPAIR SNS ABANA AT TIMANO REPAIR SNS CORBIE AT TIMANO REPAIR SNS CORBIE AT SUNNYMEADOWS REPLACED R2-35 CAMPANULA AT HOME DEPOT REPLACED R4-7 CAMPANULA AT CAMINO DEL SOL REPLACED R6-1 & W3-3 02/03/11 NICOLAS AT CALLE MEDUSA NEW INSTALL W3-4 (40) NICOLAS AT CALLE MEDUSA REPAIR R1-1 NICOLAS AT WARBLER REPAIR W3-3 DE PORTOLA AT MEADOWS REPLACED (2) R-26 DE PORTOLA AT MEADOWS REPAIR R1-1 WALCOTT AT CANTRELL REPAIR W1-8 CALLE PORTOFINO AT CAMPO REPAIR R1-1 CALLE PORTOFINO AT CAMPO REPLACED R1-4 CALLE PORTOFINO AT SUNNYMEADOWS REPAIR SNS 02/04/11 YUKON AT RED RIVER REPAIR R1-1 HUMBER AT CHURCHILL REPAIR R1-1 RANCHO VISTA AT MIRA LOMA REPAIR R2-45 REDWOOD AT HAZEL REPAIR (2) R-26 02/07/11 MAIN STREET AT MERCEDES NEW R-26 WOLF VALLEY AT CAMINO ROSALES REPAIR R1-1 NIGHTINGALE AT WOLF VALLEY REPAIR R1-1 WALLABY AT WOLF VALLEY REPAIR R1-1 R +MAINCAIMWKCMPLTMSIGNS\ DATE LOCATION WORK COMPLETED 02/07/11 LOMA LINDA AT PECHANGA REPAIR R-26 MUIRFIELD AT PECHANGA REPAIR R2-45 CANTERFIELD AT PECHANGA REPAIR 0M4-3 PECHANGA AT MASTERS REPAIR R-26 PECHANGA AT TEMECULA PARKWAY REPAIR R3-45 BUTTERFIELD AT TEMECULA PARKWAY REPAIR SNS 02/08/11 MAIN AT MERCEDES NEW (7) R-26 CORTE ALMONTE AT CALLE VERONICA REPLACED W14-2 CAMPO AT ANGELO REPAIR SNS CAMPO AT TRAVIATTA REPAIR SNS DELTA AT SUNNY MEADOWS REPAIR SNS DELTA AT CAMPOS REPAIR R1-1 CALLE PORTOFINO AT CAMPO REPLACED R1-4 NANTES AT CORBIE REPLACED R1-1 VIA DESTELLO AT PARCELA REPLACED R1-1 VIA DESTELLO AT SENELA REPLACED R1-1 02/11/11 CAMPANULA AT CAMINO DEL SOL REPAIR R1-1 & W14-1 02/09/11 SOLANA AT MOTOR CAR REPLACED R26 PECHANGA AT WOLF VALLEY REPLACED R4-7 02/14/11 1ST AT OLD TOWN FRONT STREET REPAIR 0M4-3 & W14-1 PRIMROSE AT PEACH TREE REPLACED R1-1 02/15/11 VIA RENATE AT VIA LA VIDA REPLACED R1-1 MAIN AT PUJOL REPLACED R5-2 CORTE ALMORE REPLACED MARGARITA AT PAUBA REPLACED 4 DELINEATORS 02/16/11 PRIMAVERA AT GUEVARA REPAIR SNS CASTANA AT BASSANO REPLACED SNS GABBIANO AT BASSANO REPAIR SNS EMPEZAR AT FESTIVO REPLACED R1-1 EMPEZAR AT FESTIVO REPAIR R4-7 DE PORTOLA AT CALLE RIVAS REPAIR K -MARKER DE PORTOLA AT CALLE RIVAS REPAIR R-47 DE PORTOLA AT MEADOWS REPAIR (4) R4-7 & 3 TYPE K DE PORTOLA AT MEADOWS REPLACED TYPE K R:\MAINTAIMWKCMPI.TD\SIGNS\ DATE LOCATION WORK COMPLETED 02/16/11 MARGARITA AT MEADOWS REPLACED (2) W3-3 DE PORTOLA AT MEADOWS REPLACED SNS DATE AT YNEZ REPAIR R3-7 HARVESTON AT MENDOCINO REPAIR R26 - COMBOS CALLE CATALLES AT VIA TAMARITE REPAIR SNS CALLE CATALLES AT VIA TAMARITE REPLACED R1-1 CALLE CABALLOS AT VIA TAMARITE REPAIR R4-7 VIA RAMOS AT CALLDEZAY REPAIR SNS 02/17/11 JEFFERSON AT WINCHESTER REPAIR R4-7 JEFFERSON AT RANCHO CALIFORNIA ROAD REPAIR TRUCK ROUTE JEFFERSON AT OVERLAND REPAIR R2-18 OVERLAND AT NICOLE REPAIR R4-7 OVERLAND AT COSTCO REPAIR R4-7 SOLANA AT VIA NORTE REPLACED R2-45 MARGARITA AT MORAGA REPAIR W1-7 LA SERENA AT CALLE PINA COLADA REPAIR R1-1, R26 -COMBO YNEZ AT EQUITY REPAIR R4-7 CARLETON WAY AT GEORGETOWN REPLACED R1-1 VOLTA AT GUEVARA REPAIR R1-1, R4-7 SEMENA AT CAMPANULA REPAIR (2) R4-7 SPARKMAN AT CALLE SANDOR REPAIR SNS VIA BEJARANO AT CALLE BALMEZ REPAIR SNS 02/18/11 MARGARITA AT MORAGA REPLACED 1 DELINEATOR VIA FLORE AT CANDIDA REPLACED (2) SNS CITYWIDE REPAIRS (12) R4-7 02/22/11 6TH STREET AT PUJOL REPAIR W1-7 PAUBA AT LA PRIMAVERA REPAIR W4-2 CAMPANULA AT DE PORTOLA REPAIR R4-7 CALLE REDONDELA AT CALLE VIMIANZO REPAIR R1-1 MARGARITA AT OVERLAND REPLACED W3-3 OLD TOWN FRONT AT 1ST NEW R2-1 (40) SUNNY MEADOWS AT CORBIE REPAIR W3-3 02/23/11 JERONIMO AT VIA GILBERTO REPAIR SNS SUNNY MEADOWS AT CORBIE NEW R4-7 R'r`9AIN IAIN\ K(:A11'I; 1 D S1GNS. DATE LOCATION WORK COMPLETED 02/23/11 NICOLAS REPLACED 12 CARSONITES WALCOTT ROAD REPLACED 3 CARSONITES 02/24/11 JEFFERSON AT DEL RIO REPLACED R4-7 28915 RANCHO CALIFORNIA ROAD REPAIR R3-7 WINCHESTER AT NICOLAS REPAIR 4 SIGNAL POLES JOSEPH AT NICOLAS REPLACED 7 CARSONITES WARBLER AT NICOLAS REPLACED R2-45 WINCHESTER AT JEFFERSON REPLACED R9 -3B DEL RIO AT JEFFERSON REPLACED R9 -3A LA SERENA AT MARGARITA REPLACED R9 -3A VIA CEJA AT AMARITA WAY REPLACED R1-1 CALLE CARABANA AT VIA NAYA REPAIR R1-1 02/28/11 CITY HALL "HORSE SHOW" REPLACED 7 POLES JEFFERSON AT OVERLAND REPLACED R4-7 TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 74 12 108 R:\MAINTAIN\ WKCMPLTDISIGNSI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF FEBRUARY, 2011 DATE LOCATION WORK COMPLETED 02/01/11 SAM HICKS PARK REPAINTED 40 SQ. FT. BLUE SAM HICKS PARK REPAINTED 3 LEGENDS SAM HICKS PARK NEW INSTALL 40 SQ. FT. RED MAIN AT MERCEDES NEW INSTALL 370 SQ. FT. YELLOW MAIN AT MERCEDES NEW INSTALL 370 SQ. FT. WHITE 02/02/11 TEMECULA PARKWAY AT JEDEDIAH SMITH THERMOL 8 LEGENDS 02/03/11 RANCHO CALIFORNIA ROAD AT OLD TOWN FRONT THERMOL 4 LEGENDS BUTTERFIELD STAGE ROAD AT CROWNE HILL THERMOL 3 LEGENDS SAM HICKS PARK REPAINTED 384 SQ. FT. RED 02/10/11 RANCHO VISTAS AT MARGARITA THERMOL 4 LEGENDS 02/15/11 OLD TOWN FRONT AT SANTIAGO THERMOL 3 LEGENDS 02/17/11 MAIN STREET AT MERCEDES NEW 1 LEGEND TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. THERMOPLASTIC 4 1,204 22 R IMA IN TAINT W R KCO MP LT D\S TRI PING