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040511 CC Agenda (Adjourned Regular Meeting)
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 AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 5, 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. 6:15 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matter: 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 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. Next in Order: Ordinance: 11-02 Resolution: 11-28 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Little Shop of Horrors Preview - Chaparral High School Invocation: Pastor Bill Cate of Trinity Lutheran Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Child Abuse Prevention Month Proclamation 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of March 22, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 City Treasurer's Report as of February 28, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of February 28, 2011. 5 Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. RECOMMENDATION: 5.1 Approve an Annual Agreement with Inland Empire Property Services, Inc. to provide Weed Abatement Services for fiscal year 2010-11 in the amount of $40,000. 6 Acceptance of Improvements and Notice of Completion for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW09-09 RECOMMENDATION: 6.1 Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 7 Approval of Amendment No. 2 to the Professional Engineering Services Agreement with RBF Consulting for the design of the I-15/SR-79S Ultimate Interchange, Project No. PW04-08 RECOMMENDATION: 7.1 Approve Amendment No. 2 to the Agreement for Professional Engineering Services with RBF Consulting (Agreement) for additional engineering and environmental activities on the I-15/SR-79S Ultimate Interchange Project, in the amount of $68,500. 8 Summary Vacation of the Restricted Access along Portions of Moraga Road and Via Las Colinas at Parcels 1 and 2 of Parcel Map 35481 RECOMMENDATION: 8.1 Adopt a resolution entitled: 3 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG PORTIONS OF MORAGA ROAD AND VIA LAS COLINAS AT PARCELS 1 AND 2 OF PARCEL MAP 35481 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE 9 Payment of the City's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for FY2010-2011 RECOMMENDATION: 9.1 Approve payment to the Riverside County Flood Control District in the sum of $201,277.91 as the City's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. 10 Support of the Southwest California Autism Task Force (at the request of Council Member Naggar) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT THE SOUTHWEST CALIFORNIA AUTISM TASK FORCE WHICH WAS CREATED TO EDUCATE THE COMMUNITY ABOUT THE GROWING PUBLIC HEALTH CRISIS SURROUNDING AUTISM, MATCH COMMUNITY NEEDS WITH EXISTING RESOURCES, AND DEVELOP PROGRAMS FOCUSED ON IMPROVING THE LIVES OF THIS SPECIAL NEEDS POPULATION ******************** 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 ******************** 4 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 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 11 Action Minutes RECOMMENDATION: 11.1 Approve the action minutes of March 22, 2011. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next adjourned regular meeting: Tuesday, April 19, 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. 5 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 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of March 22, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next adjourned regular meeting: Tuesday, April 19, 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. 6 TEMECULA HOUSING AUTHORITY MEETING — no meeting 7 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 11-01 Resolution: No. TPFA 11-03 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. TPFA CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of February 22, 2011 14 Community Facilities District No. 2003-02 (Roripauqh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) 8 TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT 9 RECONVENE TEMECULA CITY COUNCIL CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next adjourned regular meeting: Tuesday, April 19, 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. NOTICE 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. 10 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, children deserve a safe, stable, and permanent home in order to become productive members of our society; and WHEREAS, child abuse is found in families of all social and economic classes, and every racial and ethnic group; and WHEREAS, child abuse impacts the entire community and finding solutions depends on community involvement to nurture family growth and inspire future generations; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, through the continued work of volunteers, parents, community partners, policy makers, and professionals, child abuse may be eradicated, giving our children a bright, successful future; and WHEREAS, Prevent Child Abuse Riverside County works in collaboration with the Department of Public Social Services to educate the public to reduce the incidence of child abuse and provide other services to help alleviate its effects; and WHEREAS, all citizens should become more aware of child abuse and its prevention within the community and become more involved in supporting parents to raise their children in a safe, nurturing environment. NOW, THEREFORE, I, Ron Roberts, on behalf of the City Council of the City of Temecula, hereby proclaim the month of April, 2011, to be "Child Abuse Prevention Month" and urge all residents to become more aware of this Nationwide problem and to take necessary action to prevent child abuse in their communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fifth day of April, 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 22, 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 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. Action Minutes1032211 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 ultld 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 ultld 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. Action Minutes1032211 2 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 Luiseno Indians, United States District Court Case No. CV10-07378 DSF(VBK), Central District of California. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: 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 Gollings PUBLIC COMMENTS The following individuals addressed the City Council: • Steve Jantzem • Gary Thornhill • MaryLou Rothacher • Marelle Dorsey • Donald Lambert CITY COUNCIL REPORTS Action Minutes1032211 3 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - 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: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of March 8, 2011. 3 List of Demands - 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: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-26 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 - 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: 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. Action Minutes1032211 4 5 First Amendment to Agreement for Landscape Plan Check and Inspection Services for fiscal year 2010-2011 - 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: 5.1 Approve a First Amendment to the agreement with Blanca Y. Price to perform Landscape Pian 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 - 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: 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. 7 Approval of a Reimbursement Agreement with Rancho California Water District for the French Valley Parkway I Interstate -15 Over -Crossing and Interchange Improvements Project - Phase I, Project Number PW07-04 - 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: 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. 01505) 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 - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Washington who abstained 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. Action Minutes1032211 5 At 7:35 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 7:39 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 15 Time Limits for Public Speaking - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval 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. 11-27 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 The following individuals addressed the City Council with regard to this item: • Wayne Hall • Paul Jacobs • Ann Weston • Don Lambert • Bret Kelley • Kathy Vining • Tom Vining DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With respect to Item No. 1 (Judy Angle, et. al. v. City of Temecula, et. al.), City Attorney Thorson advised that the City Council unanimously authorized to settle in the amount of $50,000 in this case. As to Item No. 2 (City of Temecula, et. al. v. Tovey/Shultz Construction, Inc — Old Town Community Theater), Mr. Thorson noted that the City Council provided direction for the upcoming mediation. With respect to Item No. 3 (Real Property Negotiation), City Attorney Thorson advised that the City Council unanimously approved the appraisals and authorized the offers to be made to the property owners. As to Item No. 4 (City of Temecula v. Pechanga Band of Luiseno Indians), Mr. Thorson stated that there was no action to report. Action Minutes1032211 6 ADJOURNMENT At 8:26 P.M., the City Council meeting was formally adjourned to 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. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1032211 7 Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 5, 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 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 $5,956,984.56. 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 5th day of April, 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 5th day of April, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/17/2011 TOTAL CHECK RUN $ 4,876,935.95 03/24/2011 TOTAL CHECK RUN 682,825.59 03/17/2011 TOTAL PAYROLL RUN: 397,223.02 TOTAL LIST OF DEMANDS FOR 04/05/2011 COUNCIL MEETING: $ 5,956,984.56 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,372,745.61 130 RECOVERY ACT JAG FUNDING 894.29 165 AFFORDABLE HOUSING 18,757.79 190 TEMECULA COMMUNITY SERVICES DISTRICT 299,121.14 192 TCSD SERVICE LEVEL B 76,738.58 194 TCSD SERVICE LEVEL D 530.23 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,472.23 197 TEMECULA LIBRARY FUND 5,980.51 210 CAPITAL IMPROVEMENT PROJECTS FUND 990,678.23 280 REDEVELOPMENT AGENCY - CIP PROJECT 511,183.69 300 INSURANCE FUND 6,487.19 320 INFORMATION SYSTEMS 85,987.52 330 SUPPORT SERVICES 10,490.77 340 FACILITIES 13,764.03 390 TCSD DEBT SERVICE 99,002.50 477 CFD- RORIPAUGH 125.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,431.18 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,520.71 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,519.78 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 227.21 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,749.53 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 868.46 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 820.23 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,539.52 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 141.18 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 409.62 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 89.56 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,464.90 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,251.09 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 568.20 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 482.19 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 890.93 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 101.64 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,889.45 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,007.49 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,879.91 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 9,940.82 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 248.85 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 281.83 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 5,678.80 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,766.04 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 79.47 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 398.79 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,406.51 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 148.34 $ 5,559,761.54 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 236,511.65 165 AFFORDABLE HOUSING 11,250.71 190 TEMECULA COMMUNITY SERVICES DISTRICT 100,622.31 192 TCSD SERVICE LEVEL B 142.33 194 TCSD SERVICE LEVEL D 918.75 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 990.42 197 TEMECULA LIBRARY FUND 458.26 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,478.71 300 INSURANCE FUND 1,377.62 320 INFORMATION SYSTEMS 21,331.48 330 SUPPORT SERVICES 5,870.86 340 FACILITIES 8,552.27 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 100.32 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 66.84 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 79.30 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 14.65 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 161.41 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 29.10 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 41.56 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 273.94 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.25 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12.14 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.68 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 182.60 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 39.01 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 22.73 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 19.38 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 45.56 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.79 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 169.16 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 90.75 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 245.55 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 415.02 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.91 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.90 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 233.73 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 75.12 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.22 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.90 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 344.66 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 6.47 397,223.02 TOTAL BY FUND: $ 5,956,984.56 apChkLst Final Check List Page: 1 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1666 03/17/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 122,420.40 122,42040 RETIREMENT) 1667 03/17/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,466.23 11,466.23 SOLUTION 1668 03/17/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,542.73 75,542.73 1669 03/17/2011 000444 INSTATAX (EDD) State Disability Ins Payment 21,779.82 21,779.82 1670 03/17/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1671 03/17/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,438.10 2,438.10 SOLUTION 144313 03/15/2011 001590 CALIF REDEVELOPMENT ASSN legal defense fund assessment 5,000.00 5,000.00 144314 03/17/2011 013835 A PERFECT VIEW WINDOW & Res Impry Prgm: Braught 4,740.00 4,740.00 DOOR 144315 03/17/2011 000434 ACCELA.COM software maint:permits +/accela 29,306.86 29,306.86 144316 03/17/2011 008552 ADKINS DESIGN CONSULTING Feb graphic design svc:Theater 734.06 734.06 144317 03/17/2011 002187 ANIMAL FRIENDS OF THE Jan animal control services 10,000.00 VALLEYS Jan '11 sheltering services 10,625.00 20,625.00 144318 03/17/2011 008314 AQUATIC DESIGN GROUP Feb design svc:crc waterslide 158.41 158.41 144319 03/17/2011 011775 ASSN OF COMMERCIAL REAL '11 economic summit sponsorship 175.00 175.00 ESTATE 144320 03/17/2011 008646 BERLINE, BYRON entertainment:bluegrass festival 4,000.00 CA non-resident withholding tax -280.00 3,720.00 144321 03/17/2011 008013 BOSTRE-LE, ANNIE employee computer loan program 760.05 760.05 144322 03/17/2011 011833 BRANSON, NANCY entertainment:bluegrass festival 500.00 500.00 144323 03/17/2011 014089 BRYANT, TIM entertainment:bluegrass festival 400.00 entertainment:bluegrass festival 550.00 950.00 Pagel apChkLst Final Check List Page: 2 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144324 03/17/2011 010817 BURNS, DAVID 144325 03/17/2011 006908 C C & COMPANY INC 144326 03/17/2011 011383 CAL STATE SAN MARCOS Description Amount Paid Check Total entertainment:bluegrass festival entertainer dep:magic night 4/1 reimb:development costs '11 FUNDING:CAL STATE SAN MARCOS FUNDING:CAL STATE SAN MARCOS FUNDING:CAL STATE SAN MARCOS FUNDING:CAL STATE SAN MARCOS 144327 03/17/2011 004248 CALIF DEPT OF DUI & drug screenings:police JUSTICE-ACCTING 1,200.00 1,200.00 325.00 325.00 215,000.00 92,978.33 91,843.00 4,607.83 5,000.00 409,429.16 35.00 35.00 144328 03/17/2011 013469 CALTEC CORP Jan const: TCC expansion 61,496.15 retention withheld inv# 9 due to stp ntc -29,778.85 31,717.30 144329 03/17/2011 004896 CAPLINGER, DENNIS F. entertainment:bluegrass festival 3,500.00 3,500.00 144330 03/17/2011 000131 CARL WARREN & COMPANY Feb liability claims mgmt:fnance 949.03 949.03 INC 144331 03/17/2011 006114 CASEY, MARGIE reimb: label printers 130.48 130.48 144332 03/17/2011 004881 CASTLEBERRY-DAIGH, entertainment:bluegrass festival 1,200.00 1,200.00 SANDRA JANE 144333 03/17/2011 009640 CERTIFION CORPORATION Feb database subscr: police 150.00 150.00 144334 03/17/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,273.24 1,273.24 144335 03/17/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 144336 03/17/2011 000442 COMPUTER ALERT SYSTEMS alarm svcs: theater 80.00 security svcs: civic center 144337 03/17/2011 013286 CONN EXON TELECOM INC Feb 911 routing svc: citywide 144338 03/17/2011 001264 COSTCO WHOLESALE misc supplies: tcsd events 144339 03/17/2011 009214 CROWN INDUSTRIES INC security ropes:council chambers 144340 03/17/2011 013347 D & W CONSULTING, INC. Feb cnslt svc:GlS parcel data 140.00 220.00 320.00 320.00 146.12 146.12 297.68 297.68 2,000.00 2,000.00 Page2 apChkLst Final Check List Page: 3 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144341 03/17/2011 007057 DERN BACH, ESTHER MARIE 144342 03/17/2011 003945 DIAMOND ENVIRONMENTAL SRVCS 144343 03/17/2011 004438 DICK BLICK COMPANY INC 144344 03/17/2011 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Mar restroom svc: GOHS framing materials: TV Museum Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: PW LDM PDES Fuel for City vehicles: TCSD Fuel for City vehicles: Police Fuel for City vehicles: PW Fuel for City vehicles: PW Maint 157.50 210.00 840.00 480.00 52.88 1,687.50 52.88 593.13 593.13 285.73 401.43 89.64 1,497.22 53.86 266.13 1,334.21 3,928.22 144345 03/17/2011 007319 EAGLE ROAD SERVICE &TIRE EQUIP REPAIR/MAINT: PW MAINT 111.13 111.13 INC 144346 03/17/2011 000523 EASTERN MUNICIPAL WATER PW07-05 sewer will -serve letter 51.00 51.00 DIST 144347 03/17/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 70.00 AILEEN TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 144348 03/17/2011 000395 ECONOMIC DEVELOPMENT qtr lunch Murrieta: Damko, Christine CORP 144349 03/17/2011 005880 EDGE DEVELOPMENT INC. 144350 03/17/2011 000164 ESGIL CORPORATION 322.00 294.00 154.00 126.00 337.75 224.00 1,527.75 40.00 40.00 Stop Notice: Jodan Farms -7,340.62 FEB CONST: CIVIC CENTER FEB PLAN REVIEW SVCS: B&S 144351 03/17/2011 003665 EXCEL COMMERCIAL Feb long distance phone svcs 349,182.30 223.65 341,841.68 223.65 54.23 54.23 Pages apChkLst Final Check List Page: 4 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144352 03/17/2011 001056 EXCEL LANDSCAPE Description Amount Paid Check Total Feb landscape maint:city parks Feb landscape maint:north slopes Feb landscape maint:south slopes Feb landscape maint:city facilities Feb landscape maint: medians Feb landscape maint: city parks 144353 03/17/2011 009953 FEDERAL CLEANING Mar janitorial svcs:pd mall office CONTRACTORS 50,935.88 19,749.97 34,844.87 8,885.54 14,269.70 47,825.10 176,511.06 625.00 625.00 144354 03/17/2011 003347 FIRST BANKCARD CENTER 006952 PAYPAL HP Verisign Pay0ow Pro Transaction 232.40 012112 PALUMBOS RISTORANTE JC Iunch:SW TNow mtg 1/26/11 221.20 008956 PANERA BREAD GY refreshments:exec staff retreat 2/3 108.41 014062 ID CARD GROUP GR lanyard: info systems 37.03 006952 PAYPAL GR Verisign Pay0ow Pro Transaction 117.85 716.89 144355 03/17/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 277.48 277.48 144356 03/17/2011 002982 FRANCHISE TAX BOARD case# 561273944 garnishment 125.00 125.00 144357 03/17/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 144358 03/17/2011 003946 GT ENTERTAINMENT ENTERTAINMENT:SPCL GAMES 3/19 400.00 400.00 144359 03/17/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 3/5 84.00 84.00 144360 03/17/2011 000177 GLENN IES OFFICE PRODUCTS OFFICE SUPPLIES: TCSD/SKATE PK 403.03 INC Office supplies: Code Enf/Pln 65.20 OFFICE SUPPLIES: CRC 26.08 OFFICE SUPPLIES: PW 65.24 559.55 144361 03/17/2011 009608 GOLDEN VALLEY MUSIC entertainment:classics at the Merc 5,400.00 5,400.00 SOCIETY 144362 03/17/2011 014055 GRASCO, LLC theater performance: 3/18/11 2,790.00 2,790.00 144363 03/17/2011 008081 HALL & FOREMAN INC Feb cnslt: library parking 8,023.28 8,023.28 144364 03/17/2011 012954 HANEY, JOHN THOMAS 2/11 PLAN REVIEW SVC: B&S 412.50 412.50 Page4 apChkLst Final Check List Page: 5 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144365 03/17/2011 000186 HANKS HARDWARE INC Description Amount Paid Check Total Hardware supplies: B&S HARDWARE SUPPLIES: CRC HARDWARE SUPPLIES: PARKS HARDWARE SUPPLIES: SKATE PARK Hardware supplies: Fire Hardware supplies: Theater Hardware supplies: TCC Hardware supplies: Ch Museum Hardware supplies: Aquatics 125.60 198.62 932.18 84.76 685.26 8.12 79.82 179.46 18.32 2,312.14 144366 03/17/2011 003299 HAYES, BARNEY entertainment:bluegrass festival 400.00 400.00 144367 03/17/2011 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES PW MAINT 22.95 22.95 LTD 144368 03/17/2011 013452 HUNT, TERRY L CA non-resident withholding tax -140.00 entertainment:bluegrass festival 2,000.00 1,860.00 144369 03/17/2011 011342 I A C ENGINEERING INC. Feb const:redhawk park improve 9,089.29 9,089.29 144370 03/17/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 4,388.88 4,388.88 303355 144371 03/17/2011 010766 INLAND VALLEY YOUTH security deposit/rent refund:Mar/May 675.00 675.00 SYMPHONY 144372 03/17/2011 003296 INTL CODE COUNCIL Code Books: B&S 100.27 144373 03/17/2011 003266 IRON MOUNTAIN OFFSITE 144374 03/17/2011 005454 ISLAMIC CENTER OF 144375 03/17/2011 013873 J & R ELECTRONICS, INC, ATTN: JOHN SAWICKI training handouts:Fire Prevention Feb offsite media storage:records refund:sec dep:rm rental:CRC (19) micro camcorders: police 599.83 700.10 395.08 395.08 150.00 150.00 1,419.44 micro camcorder: police 74.00 (19) 8GB memory cards:police 384.76 1,878.20 144376 03/17/2011 014090 JOHANNING, JEFF entertainment:bluegrass festival 400.00 400.00 144377 03/17/2011 013668 K Z C CONSTRUCTION, INC const:citywide drain improve pgrm 12,390.60 12,390.60 144378 03/17/2011 001405 KIWANIS CLUB OF RANCHO- refund:sec dep:rm rental:CRC 150.00 150.00 144379 03/17/2011 009336 KOPIE SHOP LLC PROMOTIONAL ITEMS: THEATER 213.15 213.15 Pages apChkLst Final Check List Page: 6 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144380 03/17/2011 014065 KVCR EDUCATIONAL broadcasts:3/2-3/12 FOUN DATION 144381 03/17/2011 014088 LE MASTERS, FRED entertainment:bluegrass festival 144382 03/17/2011 004412 LEANDER, KERRY D. TCSD instructor earnings 144383 03/17/2011 002634 LITELINES INC Lighting repair & maint: riverton park 144384 03/17/2011 008610 M C R STAMPS DJ srvcs: high hopes prgrm 2/18 144385 03/17/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINTENANCE MISC SIGNS:PW MAINTENANCE 144386 03/17/2011 004141 MAINTEX INC janitorial supplies: parks/crc/civic 144387 03/17/2011 014001 MALLOY, TOM Road trench plates:pw maint 144388 03/17/2011 014095 MATAAFA, EUNITE refund:balance on acct:TCSD 144389 03/17/2011 013311 MATERIAL HANDLING SUPPLY Maint supplies: csd maint INC 300.00 300.00 600.00 600.00 220.50 220.50 160.00 160.00 25.00 25.00 937.97 97.88 1,035.85 574.91 574.91 4,911.59 4,911.59 21.05 21.05 69.95 69.95 144390 03/17/2011 000944 MCCAIN TRAFFIC SUPPLY INC FEB PURCH & INSTALL: TRAFFIC SIG 18,166.50 SYNC II FEB PURCH & INSTALL:TRAFFIC SIG SYI 6,564.60 144391 03/17/2011 006571 MELODYS AD WORKS INC. Reimbursements:old town marketing 129.11 144392 03/17/2011 009541 MEYER AND ASSOCIATES 144393 03/17/2011 012264 MIRANDA, JULIO C. AUG DSGN SRVCS:TCC EXPANSION TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 24,731.10 129.11 1,339.00 1,339.00 677.25 728.00 84.00 1,489.25 144394 03/17/2011 013004 MOBILE TRUCK SERVICE INC VEHICLE REPAIR & MAINT:PW MAINT 482.79 482.79 144395 03/17/2011 005887 MOFFATT & NICHOL JAN ENG SRVCS:F.V. PKWY 89,277.38 89,277.38 ENGINEERS 144396 03/17/2011 012978 NAIOP 2011 membership dues:AAJCD/TI 1,215.00 1,215.00 Pages apChkLst Final Check List Page: 7 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144397 03/17/2011 005006 N BS GOVERNMENT FINANCE DISCLOUSRE REPORTING:03-02 GROUP RORIPAUGH 144398 03/17/2011 008528 NICHOLS, MELBURG & JAN PROF SRVCS:CIVIC CENTER ROSETTO 144399 03/17/2011 002139 NORTH COUNTY TIMES 144400 03/17/2011 002139 NORTH COUNTY TIMES 125.00 125.00 3,807.10 3,807.10 FEB ADVERTISING:THEATER EVENTS 643.63 Feb advertising: Bluegrass Festival 241.92 885.55 3/18-3/17/12 sbscr:cty mgr 172-00124623 144.00 3/24-3/23/12 sbscr:cty clrk 172-00103432 144401 03/17/2011 002139 NORTH COUNTY TIMES Feb newspapersubscr:MPSC 144.00 288.00 26.00 26.00 144402 03/17/2011 003964 OFFICE DEPOT BUSINESS SVS PRINTING SRVCS:VARIOUS DEPTS 2,539.99 DIV PRINTING SRVCS:CODE ENFORCE 196.51 Misc office supplies:pd mall office 175.07 credit: returned office supplies/pd mall -7.44 Misc office supplies:pd mall office 52.57 2,956.70 144403 03/17/2011 013127 ON STAGE MUSICALS A.L.Webber Spectacular 3/6/11 6,779.14 6,779.14 144404 03/17/2011 007959 ONEIL SOFTWARE INC Location barcodes:records div 24.87 24.87 144405 03/17/2011 012833 PC MALL GOV, INC. credit:items retumed/Info Sys -125.07 credit:items returned/Info Sys -54.38 Batteries/traffic equip:Police 108.70 Misc computer supplies:info sys 565.50 Misc computer supplies:info sys 551.35 Misc computer supplies:info sys 1,359.38 2,405.48 144406 03/17/2011 013418 PENWORTHY COMPANY, THE Collection: Temecula Public Library 987.03 987.03 144407 03/17/2011 002185 POSTMASTER Reimb postage due account 100.00 100.00 144408 03/17/2011 005075 PRUDENTIAL OVERALL Feb uniform/11r mts/twt rentals:city 1,044.89 SUPPLY credit:chrgs not per contract -18.00 1,026.89 144409 03/17/2011 004529 QUAID TEMECULA Cityveh repair& maint:police 933.61 933.61 HARLEY-DAVIDSON 144410 03/17/2011 008024 QUARTERMASTER INC Embroidery:temecula police patches 482.78 482.78 144411 03/17/2011 011952 RAD HATTER, THE Entertainment:special games 3/16 500.00 credit:withholding requirement -125.00 375.00 Page:7 apChkLst Final Check List Page: 8 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144412 03/17/2011 002612 RADIO SHACK INC 144413 03/17/2011 002072 RANCHO CALIF WATER DIST-FEES 144414 03/17/2011 009725 RAZAVI, MANDIS 144415 03/17/2011 000271 RBF CONSULTING 144416 03/17/2011 002110 RENTAL SERVICE CORPORATION Description Amount Paid Check Total Misc supplies: info sys Water Availablity Request:O.T. Gym Digital photography wkshp:t.museum 2/26 JAN ENG SRVCS:I-15/SR-79 ULT. INTRCHG Rental of tools & maint:pw maint 65.20 65.20 180.00 180.00 200.00 200.00 47,410.71 47,410.71 151.15 151.15 144417 03/17/2011 004498 REPUBLIC INTELLIGENT Traffic signal repair& maint:R.C./Mdws 3,968.64 3,968.64 144418 03/17/2011 002412 RICHARDS WATSON & Nov 2010 legal services 7040 70.40 GERSHON 144419 03/17/2011 000406 RIVERSIDE CO SHERIFFS 11/18-12/15/10:law enforcement 1,401,051.69 DEPT 10/21-11/17/10:Iaw enforcement 1,414,786.64 2,815,838.33 144420 03/17/2011 008739 ROSE CITY LABEL Crime prevention promo items:police 780.83 780.83 144421 03/17/2011 010089 SECURITAS SECURITYSRVCS Feb securitysrvcs:Harveston Lake Park 840.00 840.00 USA 144422 03/17/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 144423 03/17/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 144424 03/17/2011 004460 SILVERADO BLUEGRASS BAND entertainment:bluegrass festival 2,000.00 2,000.00 144425 03/17/2011 000645 SMART& FINAL INC HOSPITALITY SUPPLIES: THEATER 58.32 58.32 144426 03/17/2011 000374 SO CALIF EDISON Backbone electr.fac's:R.Rnch St. Impry 207,077.57 207,077.57 144427 03/17/2011 000374 SO CALIF EDISON Street light dsgn/install:R.Rnch St. 34,352.34 34,352.34 Pages apChkLst Final Check List Page: 9 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144428 03/17/2011 000537 SO CALIF EDISON Feb 2-02-351-5281:CRC 4,063.31 Feb 2-10-331-2153:28816 Pujol St 604.18 Feb 2-20-798-3248:Childrens museum 834.93 Feb 2-28-171-2620:40820 Winchester 646.78 Feb 2-33-056-0681:28912 Pujol TPP 43.13 Feb 2-01-202-7603:Arterial STLT 28,026.04 Mar 2-01-202-7330:LS-1 allnite 76,594.02 Feb 2-05-791-8807:31587 Tem Pkwy 8,016.13 Feb 2-30-608-9384:28582 harveston 443.49 Feb 2-30-066-2889:30051 mcho vista 21.84 Feb 2-26-887-0789:28757 harveston 1,664.05 120,957.90 144429 03/17/2011 005786 SPRINT Jan 26 -Feb 25 cellular usage/equip 5,037.08 5,037.08 144430 03/17/2011 001505 STEFFEN, SUE reimb:office supplies/city mgr ofc 127.18 127.18 144431 03/17/2011 006145 STENO SOLUTIONS Feb transcription srvcs:Police 945.14 945.14 TRANSCRIPTION 144432 03/17/2011 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 302.40 TCSD Instructor Eamings 403.20 705.60 144433 03/17/2011 010762 STRONG CONCEPTS Software maint:TEAPAC for pw 475.00 475.00 144434 03/17/2011 003840 STRONGS PAINTING PAINTING SRVCS: STA 84 5,500.00 5,500.00 144435 03/17/2011 013331 STUDENT OF THE MONTH FY10/11 Community Service Funding 1,000.00 1,000.00 PRGM, INC 144436 03/17/2011 003599 T Y LIN INTERNATIONAL Oct -Jan dsgn srvcs:w.bypass bridge 10,929.60 10,929.60 144437 03/17/2011 000305 TARGET BANK BUS CARD Misc supplies: special games 35.46 SRVCS MISC SUPPLIES:MPSC EVENTS 116.15 151.61 144438 03/17/2011 010679 TEMECULA AUTO Vehicle repair and maintenance: tcsd 1,533.68 1,533.68 REPAIR/RADIATOR 144439 03/17/2011 000515 TEMECULA VALLEY CHAMBER TVCC March' 11 Co -Sponsor fee 200.00 200.00 OF 144440 03/17/2011 010046 TEMECULA VALLEY Jan' 11 Bus. Impry District Asmnts 77,073.06 77,073.06 CONVENTION & 144441 03/17/2011 011677 TEMECULA VALLEY PEOPLE FY10/11 Community Service Funding 5,000.00 5,000.00 Page9 apChkLst Final Check List Page: 10 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 144442 03/17/2011 011090 TEMECULA VALLEY TRANSPORTATION 144443 03/17/2011 010276 TIME WARNER CABLE 144444 03/17/2011 013688 TORREY PINES BANK 144445 03/17/2011 003031 TRAFFIC CONTROL SERVICE INC 144446 03/17/2011 013996 TRUE LINE PAINTING 144447 03/17/2011 004145 TVV TELECOM Description Amount Paid Check Total Bus transportation:senior excursion 3/15 Mar high speed internet:Fire Stn #92 acct# 4110170281 Edge/Civic Cntr 0607 Traffic control paint:pw maint Res Impry Prgm: Balian 2/15-3/14/11 City phones gen usage CM -2/15-3/14 City phones gen usage 144448 03/17/2011 000325 UNITED WAY United Way Charities Payment 144449 03/17/2011 004261 VERIZON 144450 03/17/2011 004848 VERIZON SELECT SERVICES INC 767.00 767.00 44.95 44.95 3,832.36 3,832.36 1,457.25 1,457.25 2,300.00 2,300.00 22,026.72 -9,120.62 12,906.10 63.00 63.00 Marxxx-7562 gen usage:Irrig contdlr 39.25 Marxxx-0682 gen usage:OT sound sys 82.24 Marxxx-9661 general usage 40.42 Marxxx-5072 general usage 1,738.30 Marxxx-3910 gen usage:1st St Irrig 4042 Mar xxx-1341 general usage:Theater 343.63 Mar xxx-1941 gen usage:pta cd ttacsd 37.17 Mar xxx-2372 gen usage:wolf crk pk 37.01 Feb long distance phone svcs 10.30 2,358.44 Feb long distance phone svcs 62.93 73.23 144451 03/17/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CRC/CIVIC CENTER Custodial supplies: civic Custodial supplies: parks/mpsc/civic Custodial supplies: civic center Custodial supplies: civic center MULTI -FOLD DISPENSER:CIVIC CENTER 144452 03/17/2011 006612 WEATHERPROOFING TECH, Roof repairs: tcc INC 268.63 2,109.87 703.87 91.50 87.02 354.09 3,614.98 1,700.00 1,700.00 144453 03/17/2011 003730 WEST COASTARBORISTS INC 1/16-31/11 tree trimming srvcs:villages 960.00 1/16-31/11 tree trimming srvcs:pw maint 10,172.00 11,132.00 144454 03/17/2011 000341 WILLDAN ASSOCIATES INC Traffic eng srvcs:pw traffic div 326.75 326.75 144455 03/17/2011 008530 WITMER ASSOCIATES INC repair & maint supplies:Sta 84 25.98 25.98 Page:10 apChkLst Final Check List Page: 11 03/17/2011 4:27:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144456 03/17/2011 011630 WOLFF LANG CHRISTOPHER JAN DSGN SRVCS: OLD TOWN GYM (WLC) 144457 03/17/2011 014096 WOOLLARD CONSTRUCTION refund:eng grad dep:LD10-042GR 7,497.50 7,497.50 3,000.00 3,000.00 Grand total for UNION BANK OF CALIFORNIA: 4,876,935.95 Pagel 1 apChkLst Final Check List Page: 12 03/17/2011 4:27:23PM CITY OF TEMECULA 151 checks in this report. Grand Total All Checks. 4,876,935.95 Page:12 apChkLst Final Check List Page: 1 03/24/2011 10:34:51AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1672 03/25/2011 005460 U S BANK 2001 COP Debt Srvc Pmt 99,002.50 99,002.50 144458 03/24/2011 006697 TEM. VLY AUTO DEALERS Electrical srvcs:Auto Mall Sign 15,571.21 15,571.21 ASSN INC 144459 03/24/2011 013367 ACTIVE MICRO INC MISC TOOLS/EQUIP: PW TRAFFIC 157.73 157.73 144460 03/24/2011 010851 ADAMIAK, DAWN reimb: '11 egg hunt supplies 117.45 117.45 144461 03/24/2011 009374 ALLEGRO MUSICAL VENTURES piano tuning/repair: theater 280.00 280.00 144462 03/24/2011 013015 ALWAYS RELIABLE BACKFLOW backflow testing: fire stn 92 50.00 backflow testing: slopes backflow testing: var city sites backflow testing: slopes backflow testing: old town 144463 03/24/2011 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police (AFN) 1,050.00 75.00 1,300.00 75.00 287.56 DUI & drug screenings: Police 205.40 144464 03/24/2011 000747 AMERICAN PLANNING 11/12 APA mb: Jones, Eric 285.00 ASSOCIATION 144465 03/24/2011 001323 ARROWHEAD WATER INC BOTTLED WTR SVCS: CITY FACILITIES 444.45 144466 03/24/2011 001445 ASSISTANCE LEAGUE OF 10/11 Community Service Funding 5,000.00 TEMECULA 144467 03/24/2011 002648 AUTO CLUB OF SOUTHERN Membership: 63295026 RT 48.00 CALIF 144468 03/24/2011 007065 B & H PHOTO VIDEO INC audio-visual supplies:info sys 2,592.98 144469 03/24/2011 010354 BATTERIES PLUS#316 BATTERIES: THEATER 99.77 144470 03/24/2011 002541 BECKER CONSTRUCTION guardrail repair:n gen kearny rd 3,865.00 SRVS INC 144471 03/24/2011 005716 BIRTH CHOICE OF TEMECULA 10/11 Community Service Funding INC 2,550.00 492.96 285.00 444.45 5,000.00 48.00 2,592.98 99.77 3,865.00 5,000.00 5,000.00 Pagel apChkLst Final Check List Page: 2 03/24/2011 10:34:51AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144472 03/24/2011 000128 BROWN & BROWN OF CALIF Ins #GP06302066 Travelers:property 4,603.00 INC Ins #68712337 CNA bond:Jones,S 350.00 4,953.00 144473 03/24/2011 004462 C D W GOVERNMENT INC ergonomic equip:civic center 1,283.25 1,283.25 144474 03/24/2011 012878 C S OFFICE INTERIORS MJ ergonomic equip: Finance 332.13 JC ergonomic equip: Finance 332.13 JM ergonomic equip: Finance 495.00 1,159.26 144475 03/24/2011 003138 CAL MAT PW patch truck materials 143.87 PW patch truck materials 415.97 PW patch truck materials 1,585.75 PW patch truck materials 142.47 PW patch truck materials 214.56 PW patch truck materials 404.97 PW patch truck materials 98.14 PW patch truck materials 366.54 3,372.27 144476 03/24/2011 007488 CALIPER CORPORATION software maint: TransCad 1,252.50 1,252.50 144477 03/24/2011 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 53.20 53.20 144478 03/24/2011 004971 CANON FINANCIAL SERVICES, Mar Library copier leases 2,836.52 2,836.52 INC 144479 03/24/2011 001410 CITIZENS SCHOLARSHIP 10/11 Community Svc Funding NH 1,000.00 1,000.00 144480 03/24/2011 001410 CITIZENS SCHOLARSHIP 10/11 Community Svc Funding RV/N 1,000.00 1,000.00 144481 03/24/2011 001410 CITIZENS SCHOLARSHIP 10/11 Community Svc Funding GOHS 1,000.00 1,000.00 144482 03/24/2011 001410 CITIZENS SCHOLARSHIP 10/11 Community Svc Funding CHS 1,000.00 1,000.00 144483 03/24/2011 000442 COMPUTER ALERT SYSTEMS Mar -Jun alarm svcs:cityfacilities 5,040.00 5,040.00 144484 03/24/2011 002945 CONSOLIDATED ELECTRICAL electrical supplies: town square 4.35 4.35 DIST. 144485 03/24/2011 001264 COSTCO WHOLESALE refreshments: YAK pgrm 243.25 243.25 144486 03/24/2011 004329 COSTCO WHOLESALE CORP misc maint supplies: Stn 92 600.00 600.00 Page:2 apChkLst 03/24/2011 10:34:51 AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144487 03/24/2011 010650 CRAFTSMEN PLUMBING & HVAC INC 144488 03/24/2011 008810 CROSSTOWN ELECTRICAL & DATA 144489 03/24/2011 013560 CROWN BUILDING MAINT CO INC 144490 03/24/2011 003272 DAISY WHEEL RIBBON COMPANY INC 144491 03/24/2011 014008 DALCO ENTERPRISES, INC. 144492 03/24/2011 003962 DAVID NEAULT ASSOCIATES INC 144493 03/24/2011 004192 DOWNS COMMERCIAL FUELING INC 144494 03/24/2011 002528 EAGLE GRAPHIC CREATIONS INC 144495 03/24/2011 002390 EASTERN MUNICIPAL WATER DIST 144496 03/24/2011 005880 EDGE DEVELOPMENT INC. 144497 03/24/2011 000165 FEDERAL EXPRESS INC 144498 03/24/2011 004074 FRANCHISE MGMT SERVICES INC (Continued) Description plumbing svcs: Fld Op Ctr repair pressure washer:Fld Op Ctr sound system repairs: old town plumbing svc: OT sound room equip repair/maint:PW Traffic INSTALL VIDEO MGMT EQUIP:CIVIC equip repair/maint:PW Traffic Feb janitorial svcs:city facilities Feb janitorial svcs:harveston park Feb janitorial svcs: OT pd office plotter supplies: info systems light fixture: meadows park Feb design svc:marg road impry Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: TCSD Fuel for City vehicles: PW Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Indv/npdes Fuel for City vehicles: PW Traffic Fuel for City vehicles: Police Fuel for City vehicles: TCSD Recognition award:CAP pgrm Mar water meter:39569 Seraphina Rd release stop notice: Norman's Nursery release stop notice: Jodan Farms 2/9-18 city express mail services 2/11-3/8 city express mail services misc supplies: high hopes pgrm 144499 03/24/2011 000172 GAS B 11/12 GASB subscr:Roberts, G Amount Paid Check Total 348.44 344.29 1,963.20 145.00 1,120.00 112,837.50 1,413 75 4,077.02 131.84 250.00 196.50 157.08 85.19 449.68 505.14 119.50 161.94 2,215.26 292.44 424.18 42.24 2,320.44 113.10 96.95 36, 545.46 7,340.62 174.82 170.17 119.88 2,800.93 115,371.25 4,458.86 196.50 157.08 85.19 6,530.82 113.10 96.95 43,886.08 344.99 119.88 215.00 215.00 Page:3 apChkLst Final Check List Page: 4 03/24/2011 10:34:51AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 144500 03/24/2011 010326 G E MOBILE WATER, INC Mar maint power washer:Stn 73 Amount Paid Check Total 57.00 57.00 144501 03/24/2011 001937 GALLS INC UNIFORMS:POLICE MOTORCYCLE 446.38 UNIT uniforms: Police Volunteers 358.81 805.19 144502 03/24/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 3/12 466.50 466.50 144503 03/24/2011 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Dept 4,662.06 INC OFFICE SUPPLIES: TCC 214.21 4,876.27 144504 03/24/2011 014100 GODS FAN CLUB 10/11 Community Service Funding 5,000.00 5,000.00 144505 03/24/2011 011883 GOOGLE INC. software maint:Google Earth Pro 1,301.74 1,301.74 144506 03/24/2011 000175 GOVERNMENT FINANCE 5/11-4/12 GAAFR newsletter:Finance 50.00 50.00 OFFICERS 144507 03/24/2011 000186 HANKS HARDWARE INC Hardware supplies: Civic Ctr 533.29 533.29 144508 03/24/2011 000520 HDL COREN & CONE INC audit svcs:property tax recovery 817.59 817.59 144509 03/24/2011 004133 HDL SOFTWARE LLC software maint:business license 5,949.68 SOFTWARE MAINT:BUSINESS LIC VI 1,615.69 7,565.37 144510 03/24/2011 001517 HORIZON HEALTH MAR EAP SVCS: HR 682.00 682.00 144511 03/24/2011 013420 INGRAM LIBRARY SERVICES (71) BOOK PURCHASE: LIBRARY 727.96 727.96 INC 144512 03/24/2011 013695 INLAND EMPIRE SHRED IT 3/14 doc shred svc: Civic Ctr 50.00 50.00 144513 03/24/2011 006914 INNOVATIVE DOCUMENT Feb copier maint/usage: library 785.79 SOLUTIONS Feb copier maint/usage:citywide 3,853.24 4,639.03 144514 03/24/2011 001091 KEYSER MARSTON Feb cnslt svc:affordable housing 4,442.95 4,442.95 ASSOCIATES INC 144515 03/24/2011 001690 LAUTZENHISERS STATIONERY permanent record books:City Clerk 824.40 824.40 INC 144516 03/24/2011 004176 LEVEL 3 COMMUNICATIONS 3/15-4/14 Long distance & Internet svc 741.00 741.00 LLC Page:4 apChkLst 03/24/2011 10:34:51 AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144517 03/24/2011 003726 LIFE ASSIST INC 144518 03/24/2011 004230 LINCOLN EQUIPMENT INC (Continued) Description MEDICAL SUPPLIES: PARAMEDICS MEDICAL SUPPLIES: PARAMEDICS MEDICAL SUPPLIES: PARAMEDICS MEDICAL SUPPLIES: PARAMEDICS MEDICAL SUPPLIES: PARAMEDICS Lane lines: CRC Pool 144519 03/24/2011 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIP:PW TRAFFIC 144520 03/24/2011 006571 MELODY'S AD WORKS INC. 144521 03/24/2011 004894 MICHAEL BRANDMAN ASSOCIATES 144522 03/24/2011 009443 MUNYON, DENNIS G. 144523 03/24/2011 002925 NAPA AUTO PARTS 144524 03/24/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 144525 03/24/2011 002105 OLD TOWN TIRE & SERVICE 144526 03/24/2011 002105 OLD TOWN TIRE & SERVICE 144527 03/24/2011 001171 ORIENTAL TRADING COMPANY INC 144528 03/24/2011 012100 OUR NICHOLAS FOUNDATION 144529 03/24/2011 002652 PAT & OSCARS RESTAURANT 144530 03/24/2011 014099 PELICAN VISTA LLC Reimbursements:old town marketing Jan consulting srvcs:Chaparral 3 Project Apr -Jun lease pmt:Theater prkg lot Parts & supplies:PW Maint Printing srvcs: var city depts Misc printing: Planning Amount Paid Check Total CITY VEHICLE MAINT SVCS:PW MAINT CITY VEHICLE MAI NT SVCS:PW MAI CITY VEHICLE MAI NT SVCS:PW MAI City Vehicle Maint Svcs:City Mgr City Vehicle Maint Svcs:City Mgr RECREATION SUPPLIES:HIGH HOPES PGRM RECREATION SUPPLIES:HIGH HOPI FY 10/11 Community Srvc Funding Rfrshmnts TVHS:every 15 min pgrm 3/24 Rfrshmnts:every 15 min pgrm 3/24 Rfrshmnts TVHS:every 15 min pgrm 3l Refund:deposit per agreement 144531 03/24/2011 010320 PETCO ANIMAL SUPPLIES INC Food & supplies:police K-9 unit 144532 03/24/2011 010338 POOL & ELECTRICAL Var pool supplies:citywide PRODUCTS INC 148.78 305.29 1,192.68 229.43 397.88 5,743.75 1,085.34 26.50 1,000.00 2,375.00 110.86 990.78 36.63 100.38 127.95 45.00 127.06 36.57 10.47 122.54 5,000.00 377.85 249.09 2,053.86 50,000.00 228.35 20.56 2,274.06 5,743.75 1,085.34 26.50 1,000.00 2,375.00 110.86 1,027.41 273.33 163.63 133.01 5,000.00 2,680.80 50,000.00 228.35 20.56 Page:5 apChkLst 03/24/2011 10:34:51 AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144533 03/24/2011 012904 PRO ACTIVE FIRE DESIGN 144534 03/24/2011 002012 R D O EQUIPMENT COMPANY 144535 03/24/2011 009066 RADAR SHOP INC, THE 144536 03/24/2011 000262 RANCHO CALIF WATER DISTRICT 144537 03/24/2011 000907 RANCHO TEMECULA CAR WASH 144538 03/24/2011 004584 REGENCY LIGHTING 144539 03/24/2011 002110 RENTAL SERVICE CORPORATION 144540 03/24/2011 001592 RIVERSIDE CO INFO TECHNOLOGY 144541 03/24/2011 000406 RIVERSIDE CO SHERIFFS DEPT 144542 03/24/2011 001365 RIVERSIDE COUNTY OF 144543 03/24/2011 009213 SHERRY BERRY MUSIC 144544 03/24/2011 000537 SO CALIF EDISON 144545 03/24/2011 001212 SO CALIF GAS COMPANY 144546 03/24/2011 007711 SO CALIF PUBLIC POOL OPERATORS (Continued) Description Feb plan check srvcs:fire prey EQUIP REPAIR & MAINT:PW MAINT credit:backhoe & tractor repairs/PW EQUIP REPAIR & MAINT:PW MAINT Repair Lidar gun:police Feb water meter:Lndscp:Calle Elenita Mar water meters:41951 Moraga Rd Mar var water meters:TCSD svc lev C FEB CITY VEHICLE DETAILING SRVCS:VAR.DEP Electrical supplies:old town Misc electrical supplies:aquatics pgrm Rental of tools & maint equip:pw maint Equip rental:fire prey Feb rental radios:police/park rangers Trf Collision Adv Invst. 11/29-12/10 renew permit:crc pools Jazz @ the Merc 03/10/11 Jazz @ the Merc 03/17/11 Feb 2-31-693-9784:26036 Ynez TC1 Feb 2-00-397-5059:Comm Svc UtI Feb 2-30-099-3847:29721 Ryecrest Feb 2-27-560-0625:32380 Deerhollow Feb 2-30-296-9522:31035 rncho vista Feb 2-28-331-4847:32805 Pauba LS3 Feb 2-31-419-2659:26706 Ynez TC1 Feb 2-29-974-7568:26953 Ynez TC1 Mar 015-575-0195-2:Fire Stn #92 Mar 055-475-6169-5:PBSP Amount Paid Check Total 3,721.99 905.53 -25.56 89.08 494.52 22.31 199.36 3,672.26 94.50 455.45 258.83 98.97 334.70 1,716.61 440.00 684.00 538.00 505.00 441.35 9,557.29 22.57 3,508.76 444.30 132.89 72.86 109.46 414.65 129.56 3,721.99 969.05 494.52 3,893.93 94.50 714.28 433.67 1,716.61 440.00 684.00 1,043.00 14,289.48 544.21 lead lifeguard trng 5/7/11 KV/LD/MM 135.00 135.00 Page:6 apChkLst Final Check List Page: 7 03/24/2011 10:34:51AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 144547 03/24/2011 007711 SO CALIF PUBLIC POOL OPERATORS 144548 03/24/2011 012652 SOUTHERN CALIFORNIA (Continued) Description adaptive aquatics trng 4/15/11 GW/MM Mar gen usage:0141,0839,2593,9306 144549 03/24/2011 013351 SPECIAL OLYMPICS SO CALIF FY 10/11 Community Srvc Funding INC 144550 03/24/2011 002015 STAR WAY PRODUCTIONS 144551 03/24/2011 014071 TALLEN PRODUCTIONS 144552 03/24/2011 000305 TARGET BANK BUS CARD SRVCS 144553 03/24/2011 006697 TEM. VLY AUTO DEALERS ASSN INC 144554 03/24/2011 003677 TEMECULA MOTORSPORTS L LC 144555 03/24/2011 010848 TEMECULA PLANTSCAPE 144556 03/24/2011 006305 TEMECULA SISTER CITY ASSN 144557 03/24/2011 010493 TEMECULA TOWNE CENTER ASSOC LP 144558 03/24/2011 000306 TEMECULA VALLEY PIPE & SUPPLY 144559 03/24/2011 010276 TIME WARNER CABLE 144560 03/24/2011 000668 TIMMY D PRODUCTIONS INC 144561 03/24/2011 004145 TW TELECOM 144562 03/24/2011 012549 UPODIUM billing adj:holiday parade 12/3 equip chrg refund/Then & Now 3/5/11 MISC SUPPLIES:HIGH HOPES PRGM Auto Mall Sign Construction:RDA City vehicle repair & maint:police Mar interior plantscape srvcs:civic Mar interior plantscape srvcs:Iibrary Council Community Srvc Funding Apr lease pmt: Police Mall Storefront Drinking fountains: var park sites Feb high speed internet:Fire Stn #92 Sound tech: middle school dance 2/11 Mar City phones general usage CM Mar City phones general usage Misc parts & supplies: Sta 73 Vehicle parts & supplies: Sta 84 Amount Paid Check Total 90.00 90.00 507.07 507.07 1,000.00 1,000.00 60.00 60.00 410.00 410.00 60.06 60.06 7,595.00 7,595.00 50.45 50.45 525.00 200.00 725.00 500.00 500.00 1,458.33 1,458.33 9,839.70 9,839.70 102.17 102.17 450.00 450.00 19,055.60 -16,026.72 3,028.88 56.17 64.10 120.27 Page:7 apChkLst Final Check List Page: 8 03/24/2011 10:34:51AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 144563 03/24/2011 004261 VERIZON Mar xxx-5473 gen usage:Moraga Rd 37.01 Mar xxx-8573 general usage 37.01 Mar xxx-0073 general usage 88.84 Mar xxx-3143 gen usage:PD overind of 46.09 Mar xxx-0074 general usage 213.69 Mar xxx-6084 general usage 35.69 Mar xxx-3564 general usage 37.01 Mar xxx-0714 gen usage:PD mall alarm 68.49 Mar xxx-5275 gen usage:Tem PD DSL 38.18 602.01 144564 03/24/2011 004789 VERIZON ONLINE 3/13-4/12 Internet svcs:Library 174.99 3/13-4/12 Internet svcs:Tem PD DSL 49.99 3/7-4/6 Internet svcs:City Hall 269.99 494.97 144565 03/24/2011 001342 WAXIE SANITARY SUPPLY INC Misc janitorial supplies:citywide 268.63 268.63 144566 03/24/2011 012343 WEST COAST PERFORMING Shake, Rattle & Roll '11 production 3/12 4,187.64 4,187.64 144567 03/24/2011 000621 WESTERN RIVERSIDE Feb '11 TUMF Payment 147,451.00 147,451.00 COUNCIL OF 144568 03/24/2011 008402 WESTERN RIVERSIDE Feb '11 MSHCP payment 31,246.00 31,246.00 COUNTY 144569 03/24/2011 008750 YOUNG, GREGG Performance: Theater April 1, 2011 3,000.00 3,000.00 Grand total for UNION BANK OF CALIFORNIA: 682,825.59 Page:8 apChkLst Final Check List Page: 9 03/24/2011 10:34:51AM CITY OF TEMECULA 113 checks in this report. Grand Total All Checks: 682,825.59 Page:9 Item No. 4 Approvals City Attorney Director of Finance City Manager "Ref - 00L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 5, 2011 SUBJECT: City Treasurer's Report as of February 28, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of February 28, 2011. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of February 28, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 28, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary February 28, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.Q. BoX 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 42,490,590.43 1.00 46,279,907.12 18,000,000.00 21,71 7,000.00 128,487,498.55 42,490,590.43 1.00 46,328,754.35 18,1 26,370.00 21,920,650.00 42,490,590.43 1.00 46,279,907.12 18,000,000.00 21,688,461.52 33.08 0.00 36.03 14.01 16.88 128,866,365.78 128,458,960.07 100.00% 1 1 1 1,400 816 1 1 1 1,086 292 0.441 0.000 0.505 1.931 1.622 0.447 0.000 0.512 1.958 1.644 335 202 0.872 0.884 Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 3,089,388.56 131,576,887.11 3,089,388.56 3,089,388.56 7.01 7.01 3,089,395.57 3,089,395.57 131, 955,761.35 131,548,355.64 0.000 0.000 335 202 0.872 0.884 Total Earnings February28 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 91, 668.80 131,884,442.45 0.91% Reporting period 02/01/2011-02/28/2011 Run Date: 03+23+2011 -15:48 875,023.60 134,347,981.50 0.98% Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 104348008-1 01-2 IMP 2 First American Treasury 104348006-4 01-2 RESA2 First American Treasury 104348016-3 01-2 RESB2 First American Treasury 104348000-4 01-2 SPTAX2 First American Treasury 94669911-2 03-1 ACQA2 First American Treasury 94669921-3 03-1 ACQB3 First American Treasury 94669902-3 03-1 BON D3 First American Treasury 94669906-3 03-1 RES A3 First American Treasury 94669916-2 03-1 RES B2 First American Treasury 94669900-4 03-1 SPTAX1 First American Treasury 793593011-2 03-2 ACQ 2 First American Treasury 793593009-2 03-2 EMWD 2 First American Treasury 793593007-2 03-2 IMP 2 First American Treasury 793593016-4 03-2 LOC 2 First American Treasury 793593010-2 03-2 PWADM2 First American Treasury 793593006-2 03-2 RES 2 First American Treasury 793593000-3 03-2 SPTX2 First American Treasury 744727011-2 03-3 ACQ2 First American Treasury 744727002-2 03-3 BOND 2 First American Treasury 744727007-2 03-3 CITY2 First American Treasury 744727009 03-3 EMW D 1 First American Treasury 744727006-3 03-3 RES3 First American Treasury 744727000-4 03-3 SP TX 4 First American Treasury 94686001-2 03-4 ADMIN2 First American Treasury 94686005-1 03-4 PREP1 First American Treasury 94686000-1 03-4 RED1 First American Treasury 94686006-2 03-4 RES2 First American Treasury 786776002-2 03-6 BON D2 First American Treasury 786776007-2 03-6 IMP2 First American Treasury 786776006-2 03-6 RES2 First American Treasury 786776000-3 03-6 SP TX3 First American Treasury 95453510-2 88-12 BON D2 First American Treasury 95453518-4 88-12 GI4 First American Treasury 1 2221 6003-4 CITY COP RE4 First American Treasury 122216008-3 CITY COPCIP2 First American Treasury 1 2221 600 0-2 CITY COPLPF2 First American Treasury 94434160-1 RDA 02 INTI First American Treasury 94 43 41 61-2 RDA 02 PRIN2 First American Treasury Run Date: 03/23/2011 - 15:48 1.00 1.00 1.00 1.000 0.986 1.000 1 0.00 0.00 0.00 0.000 0.000 1 26.14 26.14 26.14 0.000 0.000 1 63.72 63.72 63.72 0.000 0.000 1 480,851.06 480,851.06 480,851.06 0.000 0.000 1 4,530.51 4,530.51 4,530.51 0.000 0.000 1 2,118.47 2,118.47 2,118.47 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1.09 1.09 1.09 0.000 0.000 1 4.48 4.48 4.48 0.000 0.000 1 494,172.49 494,172.49 494,172.49 0.000 0.000 1 75,444.17 75,444.17 75,444.17 0.000 0.000 1 4,229.47 4,229.47 4,229.47 0.000 0.000 1 5,102.18 5,102.18 5,102.18 0.000 0.000 1 4.23 4.23 4.23 0.000 0.000 1 4,175.50 4,175.50 4,175.50 0.000 0.000 1 367.94 367.94 367.94 0.000 0.000 1 2,045,393.06 2,045,393.06 2,045,393.06 0.000 0.000 1 67,910.80 67,910.80 67,910.80 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 8.66 8.66 8.66 0.000 0.000 1 1,007,442.27 1,007,442.27 1,007,442.27 0.000 0.000 1 14,981.74 14,981.74 14,981.74 0.000 0.000 1 15.75 15.75 15.75 0.000 0.000 1 39,639.44 39,639.44 39,639.44 0.000 0.000 1 10.29 10.29 10.29 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.04 0.04 0.04 0.000 0.000 1 128,574.57 128,574.57 128,574.57 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 730.91 730.91 730.91 0.000 0.000 1 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 563,918.75 563,918.75 563,918.75 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2011 Purchase Date Par Value Market Value Page 3 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 107886001 107886000-2 107886018-3 107886010-2 107886016-2 107886030-2 107886027-2 107886020-2 107886028-2 107886026-2 SYSRDA 10 DS 1 SYSRDA 10A CIP2 136343018-2 136343000-1 94432360-2 94432363 793593011-1 793593009-1 793593007-1 793593010-1 793593006-3 122216008 122216003-1 107886008-1 107886018-2 107886030-1 107886027-1 107886028-1 107886026-1 107886006 94434166 SYS95453516-1 RDA 06 CIPA2 RDA 06 PRIN RDA O6A INT2 RDA 06B CIP3 RDA O6B INT2 RDA 06B RES2 RDA 07 CAPI2 RDA 07 ESC2 RDA 07 INT2 RDA 07 PROJ2 RDA 07 RES2 RDA 10 DS 1 RDA 10A CIP2 RDA 10B CIP2 RDA 16B-INT1 TCSD COP INT 02001 03-2-1 ACQUI 03-2-1 EMWD 03-2-1 IMPRO 03-2-1 PW AD 03-2-3 RESER CITY COP CIP CITY COP RE1 RDA 06 CIP-1 RDA 06 CIP-2 RDA 07 CAP -1 RDA 07 ESC -1 RDA 07 PRO -1 RDA 07 RES -1 RDA 06 RES A RDA TABS RES 95453516-1 First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury Financial Security Assurance CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun MBIA Surety Bond MBIA Surety Bond USBANK Subtotal and Average 39,677,153.82 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 07/01/2010 0.00 0.00 0.00 0.00 0.00 0.00 245,900.14 245,900.14 0.00 0.00 202,115.00 202,115.00 0.00 0.00 0.00 0.00 0.00 0.00 1,913.54 1,913.54 0.00 0.00 0.00 0.00 19,394.96 19,394.96 2,531.10 2,531.10 0.00 0.00 0.00 0.00 1.00 1.00 29,017,662.82 29,017,662.82 1,565,165.11 1,565,165.11 116, 041.05 116,041.05 308,862.86 308,862.86 3,613,105.77 3,613,105.77 0.00 0.00 792,745.56 792,745.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 559,221.91 559,221.91 1,106,208.88 1,106,208.88 1.00 1.00 1.00 1.00 0.00 0.00 42,490,590.43 42,490,590.43 0.00 0.00 0.00 245, 900.14 0.00 202,115.00 0.00 0.00 0.00 1,913.54 0.00 0.00 19,394.96 2,531.10 0.00 0.00 1.00 29,017,662.82 1,565,165.11 116, 041.05 308,862.86 3,613,105.77 0.00 792,745.56 0.00 0.00 0.00 0.00 559,221.91 1,106,208.88 1.00 1.00 0.00 42,490,590.43 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.512 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.505 0.512 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.441 0.447 1 Letter of Credit 104348006-1 Run Date: 03/23/2011 - 15:48 02008 ASSURANCE CO BOND INSURANCE Subtotal and Average 1.00 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 732,299.12 732,299.12 732,299.12 0.512 0.505 0.512 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,890,243.00 3,890,243.00 3,890,243.00 0.512 0.505 0.512 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 928,893.22 928,893.22 928,893.22 0.512 0.505 0.512 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.512 0.505 0.512 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.512 0.505 0.512 1 SYSCITY CITY CA Local Agency Investment Fun 2,544,118.36 2,547,836.14 2,544,118.36 0.512 0.505 0.512 1 SYSRDA RDA CA Local Agency Investment Fun 15,232,302.47 15,254,561.78 15,232,302.47 0.512 0.505 0.512 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,269,173.53 1,269,173.53 1,269,173.53 0.512 0.505 0.512 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 548.01 548.01 548.01 0.512 0.505 0.512 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,032,033.29 6,032,033.29 6,032,033.29 0.512 0.505 0.512 1 SYSTCSD TCSD CA Local Agency Investment Fun 15,650,296.12 15,673,166.26 15,650,296.12 0.512 0.505 0.512 1 Subtotal and Average 50,262,049.98 46,279,907.12 46,328,754.35 46,279,907.12 0.505 0.512 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 980,220.00 1,000,000.00 1.250 1.233 1.250 1,357 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 992,950.00 1,000,000.00 1.350 1.332 1.350 1,021 12/16/2013 3133XVF63 01147 Federal Horne Loan Bank 10/26/2009 1,000,000.00 1,011,740.00 1,000,000.00 2.100 2.071 2.100 787 04/26/2013 3133724V3 01158 Federal Home Loan Bank 12/30/2010 1,000,000.00 993,240.00 1,000,000.00 1.125 1.110 1.125 1,035 12/30/2013 313372NX8 01165 Federal Horne Loan Bank 02/28/2011 1,000,000.00 1,003,060.00 1,000,000.00 2.000 1.973 2.000 1,368 11/28/2014 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 996,740.00 1,000,000.00 1.500 1.479 1.500 1,242 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 996,060.00 1,000,000.00 1.650 1.627 1.650 1,256 08/08/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,129,720.00 2,000,000.00 4.000 3.945 4.000 741 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,065,670.00 1,000,000.00 4.000 3.945 4.000 757 03/27/2013 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,009,050.00 1,000,000.00 3.000 2.959 3.000 1,245 07/28/2014 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,010,160.00 1,000,000.00 2.000 1.973 2.000 1,358 11/18/2014 3136FPNT0 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 992,840.00 1,000,000.00 0.625 0.616 0.625 962 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 985,100.00 1,000,000.00 1.150 1.134 1.150 1,140 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 987,260.00 1,000,000.00 1.000 1.601 1.623 1,064 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 971,570.00 1,000,000.00 1.125 1.110 1.125 1,373 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 997,510.00 1,000,000.00 1.300 1.282 1.300 1,035 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 1,003,480.00 1,000,000.00 1.450 1.430 1.450 1,060 01/24/2014 Subtotal and Average 16,785,714.29 18,000,000.00 18,126,370.00 18,000,000.00 1.931 1.958 1,086 Federal Agency Bullet Securities 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,006,780.00 1,993,700.00 2.625 2.703 2.740 51 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,018,620.00 998,140.00 3.500 3.514 3.563 216 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,012,810.00 999,000.00 3.625 3.610 3.661 136 07/15/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,028,520.00 997,500.00 2.250 2.284 2.316 881 07/29/2013 Run Date: 03/23/2011 - 15:48 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments February 28, 2011 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,027,100.00 1,000,000.00 2.150 2.121 2.150 706 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,014,800.00 1,000,000.00 1.550 1.529 1.550 594 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 999,310.00 1,000,000.00 1.375 1.356 1.375 1,077 02/10/2014 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,011,740.00 998,570.00 3.625 3.626 3.676 122 07/01/2011 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,015,110.00 1,000,000.00 2.100 2.071 2.100 328 01/23/2012 3133XTN85 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,007,960.00 1,000,000.00 1.500 1.479 1.500 251 11/07/2011 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,022,160.00 1,000,000.00 2.250 2.219 2.250 468 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,016,430.00 1,000,000.00 1.625 1.603 1.625 631 11/21/2012 3133XVRS2 01151 Federal Horne Loan Bank 11/16/2009 1,000,000.00 1,005,270.00 999,750.00 1.000 0.998 1.012 302 12/28/2011 313588CM5 01-2RESA10 Federal National Mtg Assn 09/09/2010 440,785.00 440,785.00 440,361.36 0.200 0.203 0.206 0 03/01/2011 313588CM5 01-2REXB10 Federal National Mtg Assn 09/09/2010 202,860.00 202,860.00 202,665.03 0.200 0.203 0.206 0 03/01/2011 313588CM5 01-2SPTAX10 Federal National Mtg Assn 09/09/2010 136,950.00 136,950.00 136,818.37 0.200 0.400 0.406 0 03/01/2011 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,017,040.00 991,250.00 1.750 2.024 2.052 528 08/10/2012 31358BCM5 03-01 RESA10 Federal National Mtg Assn 09/09/2010 864,730.00 864,730.00 863,898.91 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-01 RESB10 Federal National Mtg Assn 09/09/2010 223,160.00 223,160.00 222,945.52 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-01 SPTAX10 Federal National Mtg Assn 09/09/2010 153,125.00 153,125.00 152,977.83 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-02LC10 Federal National Mtg Assn 09/09/2010 1,671,155.00 1,671,155.00 1,669,548.85 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-04PRE10 Federal National Mtg Assn 09/09/2010 4,060.00 4,060.00 4,056.10 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-04RED10 Federal National Mtg Assn 09/09/2010 10,405.00 10,405.00 10,395.00 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-04RES10 Federal National Mtg Assn 09/09/2010 96,550.00 96,550.00 96,457.21 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-06RES10 Federal National Mtg Assn 09/09/2010 338,200.00 338,200.00 337,874.96 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-06SPTAX10 Federal National Mtg Assn 09/09/2010 55,860.00 55,860.00 55,806.31 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-1 ACQ 10 Federal National Mtg Assn 12/15/2010 13,000.00 13,000.00 12,994.74 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-3RES10 Federal National Mtg Assn 09/09/2010 2,173,200.00 2,173,200.00 2,171,111.34 0.200 0.203 0.206 0 03/01/2011 313588CM5 03-3SPTAX10 Federal National Mtg Assn 09/09/2010 332,960.00 332,960.00 332,639.99 0.200 0.203 0.206 0 03/01/2011 Subtotal and Average 21,367,032.95 21,717,000.00 21,920,650.00 21,688,461.52 1.622 1.644 292 Total and Average 131,884,442.45 Run Date: 03/23/2011 - 15:48 128,487,498.55 128,866,365.78 128,458,960.07 0.872 0.884 202 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash February 28, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 1,649,662.17 1,649,662.17 1,649,662.17 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula SYSFIex Ck Acct Flex Ck Acct Union Bank of California SYSGen Ck Acct Gen Ck Acct Union Bank of California SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 2,810.00 2,810.00 2,810.00 0.000 0.000 1 07/01/2010 20,859.58 20,859.58 20,859.58 0.000 0.000 1 1,406,764.81 1,406,764.81 1,406,764.81 0.000 0.000 1 07/01/2010 9,292.00 9,292.00 9,292.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 7.01 7.01 1 Subtotal 3,089,395.57 3,089,395.57 Total Cash and Investments 131,884,442.45 Run Date: 03/23/2011 - 15:48 131, 576,887.11 131,955,761.35 131,548,355.64 0.872 0.884 202 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through February 28, 2011 Fund Total 001 GENERAL FUND $ 33,101,932.85 101 STATE TRANSPORTATION FUND 198,670.55 120 DEVELOPMENT IMPACT FUND 3,585,264.10 150 AB 2766 FUND 554,746.56 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 11,986,794.55 170 MEASURE A FUND 7,740,838.66 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,017,761.05 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 93,870.01 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 241,218.02 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 7,726.87 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 222,911.43 197 TEMECULA LIBRARY FUND 808,060.79 210 CAPITAL IMPROVEMENT PROJECT FUND 11,505,078.32 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,642,198.11 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 996,804.02 277 CFD-RORIPAUGH 30,783,644.80 280 REDEVELOPMENT AGENCY - CIP PROJECT 385,087.95 300 INSURANCE FUND 750,930.63 310 VEHICLES FUND 969,953.07 320 INFORMATION SYSTEMS 487,914.49 330 SUPPORT SERVICES 316,115.82 340 FACILITIES 158,768.61 370 CITY 2008 COP'S DEBT SERVICE 1,359,768.54 380 RDA DEBT SERVICE FUND 2,489,684.13 390 TCSD 2001 COP'S DEBT SERVICE 98,944.76 460 CFD 88-12 DEBT SERVICE FUND 67,983.93 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,363,272.72 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,814,660.96 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 175,650.20 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,907,517.49 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 577,692.56 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 8,670,364.28 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 7,665.78 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 40,890.32 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 29,924.24 504 SERVICE LEVEL "0" ZONE 4 VINEYARDS 1,284.16 505 SERVICE LEVEL "0" ZONE 5 SIGNET 4,395.84 506 SERVICE LEVEL "0" ZONE 6 WOODCREST 12,293.50 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 1,908.03 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 17,133.27 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 11,277.79 510 SERVICE LEVEL "0" ZONE 10 MARTINIQUE 4,347.02 511 SERVICE LEVEL "0" ZONE 11 MEADOWVIEW 700.90 512 SERVICE LEVEL "0" ZONE 12 VINTAGE HILLS 21,437.69 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 1,433.07 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 628.25 516 SERVICE LEVEL "C"ZONE 16TRADEWINDS 58,612.90 517 SERVICE LEVEL "0" ZONE 17 MONTE VISTA 447.79 518 SERVICE LEVEL "0" ZONE 18 TEMEKU HILLS 8,842.62 519 SERVICE LEVEL "0" ZONE 19 CHANTEMAR 50,679.19 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 129,808.22 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 89,709.65 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 47.89 523 SERVICE LEVEL "0" ZONE 23 PHEASENT RUN 7,844.24 524 SERVICE LEVEL "0" ZONE 24 HARVESTON 135,607.81 525 SERVICE LEVEL "0" ZONE 25 SERENA HILLS 17,785.87 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 340.30 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 45.77 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 182,379.71 529 SERVICE LEVEL "0" ZONE 29 GALLERYPORT 3,851.19 530 SERVICE LEVEL "0" ZONE 30 FUTURE ZONES 32,607.51 Grand Total: $ 131,955,761.35 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: April 5, 2011 SUBJECT: Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve an Annual Agreement with Inland Empire Property Services Inc., to provide Weed Abatement Services for fiscal year 2010-11 in the amount of $40,000.00. BACKGROUND: The City of Temecula is responsible for the forced abatement in association with hazard vegetation. The City contracts with an approved weed abatement company to ensure the removal of hazardous vegetation for parcel owners that are not in compliance. The parcel owners are billed to recover the service costs plus an administrative fee. The city places a lien on the properties that do not remit payment as required to facilitate cost recovery for the services. A Request for Proposal (RFP) was conducted last fiscal year. After a review of the proposals, staff determined Inland Empire Property Services, Inc. to be the more responsive and responsible firm to perform the weed abatement services. Inland Empire Property Services, Inc. is in their second of three year agreement of providing weed abatement services to the City. FISCAL IMPACT: Funds are budgeted in the FY 2010-11 Code Enforcement's line item 001-162-611-5440, titled Weed Abatement. ATTACHMENTS: Agreement for Fiscal Year 2010-11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES, INC. WEED ABATEMENT SERVICES THIS AGREEMENT is made and effective as of April 5, 2011, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Inland Empire Property Services, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on April 5, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2013. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 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 Forty Thousand Dollars ($40,000) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 1 c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten 2 (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor 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 Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 3 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4 4) The Contractors 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 Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 5 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION 6 City acknowledges Its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate In its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE 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 To Consultant: 23. ASSIGNMENT Inland Empire Property Services, Inc. Attn: Chuck Maciel P 0 Box 9088 Moreno Valley, CA 92552-1908 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES 7 At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT 28. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Inland Empire Property Services, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Chuck Maciel, President Serena Maciel, CFO Peter M. Thorson, City Attorney CONTRACTOR Inland Empire Property Services, Inc. Attn: Chuck Maciel P O Box 9088 Moreno Valley, CA92552-1908 951-924-6905 Phone 951-927-7773 Fax _cgotweeds sn.com 9 FSM Initials: Date: t�'� EXHIBIT "A" SCOPE OF WORK The contractor shall provide Weed Abatement Services to the City of Temecula in accordance with Exhibit "A" which consists of Part 1 Procedures, and Part 2 Instructions, Conditions and Legal Requirements. PART 1: PROCEDURES TRACTOR MOWING 1. General mowing of vegetative ground cover may be accomplished provided that an approved, heavy duty mower is used, and that the vegetation is cut to a length of no higher than four (4") inches from the solid surface and as close to adjoining improvements as possible. Contractor shall mow at an appropriate speed to effectively mow the vegetation but not so fast that it knocks the weeds down permitting them to stand back up days later. 2. Operation and Maintenance — Tractor mowers will be operated by a qualified, cooperative, experienced operator. They will be operated and maintained in good condition by the contractor at his expense and on his own time. 3. Safety Shields — All tractor mowers are to be equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to private property. 4. Clean up of Streets and Sidewalks — All streets and sidewalks are to be left in a clean condition. Necessary tools for cleaning streets and sidewalks are to be available on the job site. The charge for this operation shall not be separate, but will be included in the unit price for cleaning the parcel. At a minimum, clean up shall be consistent with current NPDES regulations. 5. Discing Weed abatement by discing shall not be an approved method of hazardous vegetation removal. 6. Dust Control — During windy conditions, the contractor shall postpone work until the wind subsides or watering is provided to minimize blowing dust. 7. Fire Fighting Safety Equipment — All tractors are to be equipped with an approved spark arrestor when not equipped with turbo charger and also an approved 2-1/2 gallon pressurized water type fire extinguisher and shovel. 8. Transport Truck — The transport truck for hauling the tractor and mower shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job sites. Transports should have a tilt type bed for easy loading and unloading. All equipment must meet highway specifications and safety regulations. Trucks will be in good mechanical condition and will be operated and maintained at the expense of the contractor and at a time before or after working hours. 10 9. Flagman — If required or necessary for any reason, the contractor will furnish, at no expense to the City, flag -persons for loading and unloading of equipment. EQUIPMENT — The primary equipment allowed for weed abatement will be tractors with mowers. The use of non -authorized equipment or methods will result in non-payment by the City. The contractor selected shall furnish tractors, mowers, etc. in all areas suitable to complete the job of mowing the property. The contractor shall also provide transportation to and from the job sites for his equipment and all necessary fuel, etc., shall be furnished at his/her own expense. STANDARD FOR CLEARING The purpose of removal is for the reduction of fire and safety hazards and will be accomplished by turning under and mixing weeds with the soil or by mowing, hauling, trimming, and grubbing using manual labor or by any combination of methods that are approved and included in the scope of the contract. All clearing must meet the specifications of the Hazard Reduction Program and must be approved in writing by the Code Enforcement Division. 1. Method of Clearing — Parcels of five (5) acres and less will be cleared completely. Where the acreage consists of more than five (5) continuous acres, a one hundred (100) foot wide strip shall be cleared at the perimeter of the property, and through the remainder of the property there shall not be any portion of land larger than two and one-half (2-1/2) acres which is not enclosed by itself within such a strip, which shall be a fire break. If the clearing is made in accordance with this standard, the payment will be based on fifty (50) percent of the total square footage of the parcel. It may be determined that only a portion of a parcel exceeding five (5) acres needs to be cleared to adequately provide the necessary fire protection to the surrounding improvements. In these cases, payment would be based on actual square footage mowed. The Code Enforcement Division will make this determination when necessary. HAND CLEARING AND HAULING 1. General — Whenever it is impractical by reason of topography, location of trees, shrubbery, buildings, fences or type of vegetative cover to use a tractor mower and when authorized by the Building Official, or designee, the vegetation shall be removed or thinned by hand labor using hand labor type tools. Hand crews shall consist of not less than two people. Additional manpower may be used, however no additional compensation will be allowed. 2. Disposal of Cuttings — The excess accumulated material cut down by hand labor shall be disposed of by hauling the material to the nearest County landfill site, or an approved "clean green waste" compost facility. 3. Required Tools and Equipment — The contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. 4. Hauling Trimmings — Hauling of trimmings due to hand clearing are considered one and of the same type of operation and therefore billing will be considered the same. 5. Type of Work Authorized — The amount of work and type of work to be performed shall be under the direction of, and only with, the authorization of the Building Official, or designee. 11 6. Hand Clearing Charges to Include Loading — Hand clearing charges on parcels to be cleared will include the loading of vegetative materials that are to be removed to the nearest landfill site or compost facility. Removal charges can be added if a landfill tipping fee receipt is presented with the billing. 7. Travel Time to Landfill — Travel time to and from the landfill or compost facility shall not be charged. The contractor's charge for the truck should be included as part of the rate. RUBBISH, REFUSE AND DIRT 1. General — Whenever it is impractical by reason of location of rubbish, refuse, and dirt to use a tractor mower and when authorized by the Building Official, the rubbish, refuse, and dirt shall be removed. The degree of removal to be accomplished on any parcel will be specified by the Code Enforcement Division. Definition of rubbish, refuse, and dirt are as follows, discarded asphalt and concrete, abandoned foundations, litter, trash, trees, piles of dirt; making clearing of the parcel impossible. Contractor shall photograph the debris prior to removal and a second photograph shall show the trash in the haul away vehicle for comparison. Photographs shall show the date and Assessor's Parcel Number. Digital photographs are the only acceptable method of documentation. 2. Disposal of Rubbish, Refuse, and Dirt — The material shall be disposed of by hauling the material to the nearest County landfill site. 3. Required Tools and Equipment — The contractor shall furnish all equipment necessary to accomplish the specific work, 4. Charges: Rubbish, and Refuse — The charge for clearing of rubbish and refuse from a parcel will include the clearing and loading of the materials that are to be removed to the landfill site and the hauling of the materials to the landfill site are considered one and of the same type of operation and therefore billing will be considered the same. 5. Travel Time to Landfill — Travel time to and from the landfill shall not be charged. This charge is included in the rate. 6. Exceptions — Any exceptions to the foregoing regulations will be at the discretion of the Building Official, or designee, should special circumstances exist. PART 2: INSTRUCTIONS, CONDITIONS, and LEGAL REQUIREMENTS 1. All services provided by the Contractor shall be performed in strict accordance with the City of Temecula Municipal Code Chapter 8.16 and Chapter 3 Section 304 of the California Fire Code Edition 2010, as adopted by Chapter 15.16 of the Temecula Municipal Code. 2. Contractor shall identify those services, if applicable, that will be out -sourced to a subcontractor. The prime Contractor will be responsible for verifying the qualifications and validity of all licenses, permits and quality of work for any out -sourced work to subcontractors. 12 The prime Contractor is also responsible for paying its employees and any subcontractors the prime Contractor hires. 3. All work performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall perform work in accordance with all applicable Federal, State, and local laws, labor laws, rules, ordinances, regulations, and permit conditions. Selected Contractor is also responsible for complying with all OSHA standards and COSHA standards and requirements. If Contractor out -sources any work or job to a subcontractor, it will be the prime Contractors responsibility to ensure that all subcontractors meet the requirements as stated in this RFP. The awarded contracting firm shall at all times take precautions (where necessary) to insure the protection of the public are met. The Contractor shall review and be familiar with the conditions of approval of the weed abatement permit issued by the Federal Fish and Wildlife Service related to weed abatement on sensitive habitats 4. The Contractor shall be an independent contractor, and nothing shall be construed to cause the Contractor to be deemed or represent itself as an agent or employee of the City. 5. The Contractor shall be excused from performance hereunder during the time and the extent that he/she is prevented from obtaining, delivering, repairing, or performing in the customary manner, by acts of God, fire, war, strike, and Toss or shortage of transportation facilities. Contractor shall provide the City satisfactory evidence that non-performance is due to other than fault or negligence on the Contractors part. 6. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 7. All work shall be done by qualified personnel. Contractor shall provide copies of all Federal, State, County and City licenses or certificates required by this contract. 8. Contractor agrees that all service by the contractor shall be to the satisfaction of the City's Code Enforcement personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. The Contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined. 9. The term of the contract shall commence upon award by the City Manager/City Council and continue through June 30, 2011. The City reserves the option to extend the contract(s) under the same terms and conditions for an additional two years. 10, The contract between Contractor and the City is non -transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. 11. The City's terms for payment are net thirty (30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for 13 services provided the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. 12. The City reserves the right to add or eliminate parcels and neighborhoods to the scope of work of the Weed Abatement Contract, as circumstances require. Contractor agrees pricing will be the same for any additional parcels. 13. The Contractor shall take clear and concise digital photographs of the area demonstrating need for abatement and shall submit photos to Code Enforcement along with billing summary/invoice. The photos will be taken immediately "before" and "after" abatement work is done and shall be submitted to the department. If the photos do not show justification of charge, payment will not be made. Each photo shall include time and date of when taken and reference the parcel numbers represented. Digital photographs are the only acceptable method of documentation. Each "after" photo shall be taken from the same location as the "before" photo and shall include an outstanding landmark. 14. The Contractor shall not miss more than two (2) consecutive days or more than five (5) days out of a twenty (20) day period, when work has been assigned, regardless of the reasons (i.e., equipment failure, illness, etc.) 15. In case of default by the Contractor, the City may procure the work or services from an alternate contracting firm. The City may deduct any excess cost from any unpaid balance due the assigned Contractor, or may bill for the same at the City's discretion. The prices paid by the City, in such events shall be considered the prevailing market price at the time of purchase. 16. The work, labor and/or materials which the Contractor proposed to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State and local regulatory commissions whether such equipment or safety features have been specifically outlined or required in these specifications or not. 17. Where there are locked gates to the property, the Contractor will be given instructions on how to enter the property. The Contractor will be responsible for any damage done not in accordance to given instructions. 18. All mowing or other services must be done during the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday except City recognized holidays. The contractor shall not charge a premium rate for Saturday work. 19. Complaints — The Contractor will be responsible for promptly answering inquiries and complaints of the Building and Safety Department or private property owners or citizens relative to any work, charges, damage or any other questions that may arise as a result of abatement operations by the Contractor. 20. Operations may be suspended at any time by the Building Official, or his designee, until appropriate corrective measures are taken, if any, of the conditions set forth in this contract are found to exist. 21. Final Decisions — All scheduling of clearing operations will be determined by the Building Official, or his designee. At any time during the clearing operations, should a controversy arise as to the number of lots cleared, the amounts of work done, or not to be done, 14 or the size of parcels cleared by the Contractor, the matter will be studied and explained fully and the decision made by the Building Official, or his designee, shall be final. 22. Hold Harmless Clause — The Contractor shall indemnify and hold harmless the City of Temecula, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to, or death of persons; or damage to property arising out of or in any manner connected with the negligence or lack of care of the Contractor, his officers, agents, or employees in the performance of this contract. This provision shall include any and all claims arising from subcontractors retained by the Contractor. 23. Reports of Damage — The Contractor will promptly notify the Code Enforcement Division of any damage to private property as a result of abatement operations. 24. Transportation — All transportation of equipment and personnel to and from the job site will be arranged by the Contractor. 25. Sanitary Facilities — The Contractor shall be responsible for making available the sanitary facilities necessary for all his personnel. Aforementioned sanitary facilities shall meet the standards of State and local law. 26. Parking Equipment — The Contractor shall make arrangements for parking sites for his equipment at night and on Sundays or holidays. Equipment shall not be parked or stored on private property without the express permission of the property owner. 27. Removal of Items from Private Property — Under no condition will the Contractor or his agent or workmen remove any item or items from any private property except that which has been authorized by the Building Official, or his designee. 28. Operations — The Contractor is required to provide sufficient operable equipment, replacements, and personnel during hazard abatement clearing as deemed necessary by the Building Official, or his designee. Removal of any such equipment designated to the Abatement Program without an immediate replacement must be approved by the Building Official, or his designee. 29. Termination of Operations — Final authorization to terminate abatement operations will be made by the Building Official, or his designee. 30. Furnish Manpower and Equipment — The Contractor shall furnish all supervision, labor, materials, equipment and tools such as, but not limited to tractors, trucks, mowers, whip hoes, rakes and other tools and equipment as required for the removal of weeds, debris and vegetative growth from parcels, within the City of Temecula. 31. Unauthorized Work — Payment will not be made to the Contractor for work accomplished that was not authorized by the Building Official. 32. Interpretation of Specifications — Should it appear that any matter relative to these specifications has not been sufficiently detailed or explained, the Contractor shall contact the Code Enforcement Division for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official. 15 33. Error or Omission of Specifications — The Contractor will not be allowed to take advantage of any error or omission in these specifications and plans. Full instructions will always be given by the Building Official or his designee, when such error or omission is discovered. 34. Supervision Furnished by Contractor — The Contractor at his own expense shall be responsible for providing qualified Supervision in all areas of operations. All supervisors must be experienced and verbally capable of communicating with the Code Enforcement Officers. The supervisor will make necessary reports and work directly with the Code Enforcement Division in Building and Safety and scheduling the work. 16 EXHIBIT "B" PAYMENT RATES AND SCHEDULE BILLING RATES AND SCHEDULE OF FEES A) Weed Abatement • Mowing $105.00 Up to 1 Acre (does not include handwork) • Each Additional Acre $99.75 Per Acre or fraction thereafter (does not include handwork) • Parcels one quarter (0.25) Acre or Tess $145 (includes handwork) • Handwork — weed eating $45.00 Per Man Hour (work that cannot be performed with tractor along property edge fence lines) • Dust Control $125.00 Per Hour 4 Hour Minimum Plus Water Charges • Special Equipment (Bobcat; for slopes or other areas needing special equipment for clearing) • Dozer Work $125.00 Per Hour $600 Per Hour 4 Hour Minimum B) Clean up & Trash Removal • Trash Removal $105.00 Per Cubic Yard • Asphalt/Concrete Removal $125.00 Per Cubic Yard • Dump Fees Actual Receipt (Copy) C) Pool Pumping • Pool/Spa Pumping $325.00 Includes pumping of 1 pool and/or 1 spa D) Securing/ board up of vacant/abandoned/substandard structures • Minimum Charge $150.00 • Small Window Under 24x24 $75.00 • Standard Window Under 48x48 $90.00 • Large Window under 48x96 $100.00 • Jumbo Window under 96x96 $125.00 17 • Slider Window $125.00 • Pedestrian Door w/o hinges $100.00 • Pedestrian Door w/ hinges $125.00 • Garage Door Time and Material @ $45.00 Per Man Hour E) Demolition and removal of Structures • Time and Materials F) Installation of Temporary fencing • Time and Materials G) Emergency Abatement of wells, septic tank systems, or excavations • Time and Materials H) Photographing and otherwise documenting work performed under the contract • CD of Digital Color Photos Included I) Travel Costs • Not applicable. Except after 4:30pm — Time and a half, plus materials. J) Administrative Overhead costs related to this contract Included • Invoice attached to a CD with the property address or APN# clearly marked. Billing Rates and Schedule of Fees Cont'd K) Other Services Provided — Tree Trimming • Trimming of Tree 8' up from Ground $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost) • Trimming of Tree above 8' from Ground $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost, plus Boom Lift rental cost) L) Fence Repair • Time and Materials $45.00 Per Man Hour Charles Maciel President, Inland Empire Property Services, Inc. 18 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/ City Engineer DATE: April 5, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW09-09 PREPARED BY: Amer Attar, Principal Engineer — CI P Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On July 13, 2010, the City Council awarded a construction contract to KZC Construction in the amount of $109,590.00 to complete the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09- 09. The work for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive project consisted of the installation of catch basins and reinforced concrete pipe, drainage structures, traffic detector loops, and relocation of an existing 12" waterline. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1) year from December 20, 2010, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09 is identified in the City's Capital Improvement Program, Fiscal Year 2010-2011 and is funded with Capital Project Reserves. The base amount of the construction contract was $109,590.00; contract change orders totaled $10,567.33, contract item under runs totaled $400.00, for a total contract amount of $119,757.33. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 1 1 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW09-09 CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE KNOW ALL PERSONS BY THESE PRESENT THAT: %rze J is_) SYS/is 6,/e Garme/da .�<� 60:1DAME AND ADDRESS CONTRACTOR'400 aC'or� ©rai710� , hereinafter called Princi al and (fill in Nether a Corporation, Partnership or individual) p n/ar?) $erS NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound nto CITY OF TEMECUL4, hereintayr called OWN R, in the penal sum of One_ r Q Sever► /tithe. rri Sevin DOLLARS and n G ��► " "'«cSa�� TS ($ //q) 757. 33 )/in lawful money of the United States, said shim be ng not less thCEan (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered a certain Contract with the OWNER, dated the /3 't'' day of 20 000fig copy of which is hereto attached and made a part hereof for the construction o P7 ROJECT NO. PW09- 09, CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS the said Contract has been completed, and was the final estimate approved on nitirch e�. j' , 2011. LG NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by MAINTENANCE BOND M-1 O:\ \ PROJECTS \PV09PV0909 Gtywide Stour Drain improvements - eat el Vincent Morep}\Specs \PV09.09 Speesdurs the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this V day of / c.,Lc(1^ (Seal) SURETY By: (Name) PRINCIPAL B 2014. .t'1 -t" /64/ )772/1.5 (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND M-2 O:1UP\PROIFLTSIIT09111709. 9 Qtywide Storm Grain Improvements • O2 at Yincaat Morago\Specs \P6'09 -O9 Spec CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 /-v-'v,v-v-v-.r-r-v-"v'-v-v--v--vv-v--v-v-v-v-v-r-v-•.✓-•✓-v-�v-�v--v-v-• /_'v_ • •/-••/-••/-• r'v'. State of California County of .Pr - )/C On kruc.. ay ,2.oti before me, Dte personally appeared ire_) ILS Z •s-7 (AEU& u $Lt Here Insert Name and Title of the Officer Co2n`(sk Name(s) of Signer(s) SUSAN D. REVEAL Commission # 1891842 Notary Public - California Orange County Mir Comm. Exxires Jun 5, 2014 IP Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person,(8) whose name(,$) are subscribed to the within instrument and acknowledged to me that die sbeftbey executed the same in /weir authorized capacity i , and that by ber/ttbeir signature(, on the instrument the personcs), or the entity upon behalf of which the personka) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: d- Tem2cu_1q I rAcil r encz'ori Signature of Notary Pubric Document Date: 169CUCur D -`-t 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to KZC Construction, 34415 Calle Carmelita, Capistrano Beach, CA 92624 to perform the following work of improvement: CITYWIDE STORM DRAIN IMPROVEMENTS, RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE PROJECT NO. PW 09-09 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 5, 2011. That upon said contract Inland Suretvwas surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: CITYWIDE STORM DRAIN IMPROVEMENTS, RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE, PROJECT NO. PW 09-09 6. The location of said property is: Rancho California Road at Vincent Moraga Drive, Temecula, California 92590. Dated at Temecula, California, this 5th day of April, 2011. City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss ) Susan W. Jones M MC, City Clerk I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 5" day of April, 2011. City of Temecula Susan W. Jones MMC, City Clerk C:\Program Files \Neevia.Com\Document Converter \ temp \995682.doc CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW09-09 CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE This is to certify that Sze Co i,, 4. (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW09-09, CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE, situated in the City of Temecula, State of California, more particularly described as follows: RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: al/, %/ By: RELEASE CONTRACTOR gnature / �/ Sri 4C5141 t Print Nae and Titlerh R-1 \ \PDDJCCIS\PR09PV09J09 blywide Storm Buie Improvements • D®>t Vincent Kamp \Specs PV09-09 Specs do Item No. 7 Approvals City Attorney Director of Finance City Manager ,L41-eOa, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works / City Engineer DATE: April 5, 2011 SUBJECT: Approval of Amendment No. 2 to the Professional Engineering Services Agreement with RBF Consulting for the design of the I-15/SR-79S Ultimate Interchange, Project No. PW04-08 PREPARED BY: Amer Attar, Principal Engineer — CIP Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: That the City Council approve Amendment No. 2 to the Agreement for Professional Engineering Services with RBF Consulting (Agreement) for additional engineering and environmental activities on the 1-15 / SR -79S Ultimate Interchange Project, in the amount of $68,500.00. BACKGROUND: On December 16, 2008, the City Council approved the Agreement for the preparation of construction Plans, Specifications, and Estimate for the project. The amount of the Agreement, as previously amended, is $2,417,860.00. Several work tasks must be expanded to complete the project plans and environmental revalidation. Additional drainage engineering, hydraulic studies, and floopdplain analyses are needed to confirm the existing storm drain capacity and validate improvements proposed adjacent to Murrieta Creek. Additional cultural resources services are necessary to oversee ground disturbing activities conducted during the design phase. The Natural Environment Study — Minimal Impact report must be revised in accordance with Caltrans' recent instruction. RBF Consulting has agreed to perform the additional work for an additional fee of $68,500.00. With approval of this Amendment No. 2, the resulting Agreement amount is $2,486,360.00. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015. Funding sources include CFD (Crowne Hill), Reimbursement/Other (Morgan Hill), SAFETEA-LU, Senate Bill 621, and TUMF (RCTC). Adequate funds are available in the project design account (210-165-662-5802) to fund the increase of $68,500.00. ATTACHMENTS: 1. Amendment No. 2 2. Project Location 3. Project Description SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TEMECULA AND RBF Consulting PW04-08 INTERSTATE-15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE THIS SECOND AMENDMENT is made and entered into as of April 5, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a California corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On December 16, 2008, the City and Consultant entered into that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange", in the amount of $2,032,600 plus 10% contingency in the amount of $203,260. b. On July 13, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Professional Services Between the City of Temecula and RBF Consulting, PW04-08 Interstate-15/State Route 79 South Ultimate Interchange," to increase the contingency in the amount of $182,000.00. c. The parties now desire to add scope of work, extend the term of the agreement to December 16, 2011, increase the payment in the amount of $68,500.00, 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 December 16, 2011 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Sixty Eight Thousand Five Hundred dollars and no cents ($68,500.00), for additional engineering and environmental activities for a total Agreement amount of Two Million One Hundred One Thousand One Hundred dollars and no cents ($2,101,100.00), plus Contingency in the amount of Three Hundred Eighty -Five Thousand, Two Hundred Sixty dollars and no cents ($385,260.00), for a total of Two Million Four Hundred Eighty Six Thousand Three Hundred Sixty dollars and no cents ($2,486,360.00). 1 4. Section 5 of the Agreement entitled "PAYMENT" at paragraph "c" is hereby deleted. 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 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING (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: Peter M. Thorson, City Attorney CONSULTANT By: Steven B. Burick, Vice President S. Robert Kallenbaugh, CEO RBF Consulting Steven B. Burick, Vice President 14725 Alton Parkway, Irvine, CA 92618-2027 (949) 855-5733 Office (949) 330-4130 Fax burick@rbf.com FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 CITY OF TEMECULA Second Amendment PROJECT NO. PW04-08 ATTACHMENT A SCOPE OF SERVICES & FEES SCOPE This scope and fee comprises the expanded scope of environmental support services required for completion Estimate (PS&E). Services include: • Drainage engineering required for modification of the • Cultural resources support services; • Biological resources support services; • Hydraulic Study and Floodplain Analysis. work related to engineering and of the Plans, Specifications and BMP detention basin system; TASK 5 — PREPARE DRAFT PS&E (WBS 230) - EXPANDED TASK This task has been expanded to include design modification of the BMP basin in the southwest quadrant of the interchange to function both as a BMP facility, as well as a drainage control structure to avoid replacement of the 36" Corrugated Metal Pipe (CMP) outfall located southwest of the ARCO station. 5.1 Draft Drainage Plans (65% & 95% Submittals) (WBS 230.30) The existing 36" CMP outfall located southwest of the ARCO station was identified as potentially undersized to convey the interchange runoff and needing replacement of the entire facility. Replacement of the existing CMP outfall with a larger sized pipe is an alternative, however it was deemed infeasible since it would expand the project footprint into the sensitive biological habitat adjacent to Murrieta Creek, which would jeopardize the existing level of environmental clearance (IS/ND and CE) and potentially reopen the environmental documentation process. Reopening the environmental documentation process would likely yield significant delays and potentially require recirculation of the environmental document. Further, replacement of the outfall with a larger diameter pipe would require additional Resource Agency permits and potentially include mitigation measures that would result from improvements associated with an improved outfall to Murrieta Creek. To avoid the project risks associated with replacement of the existing outfall, the following design efforts, beyond the established scope of work, are required to maintain the existing facility: 1. A link -node hydrology study is required. This study determines if the timing effects of the various subareas, overland flow paths, and pipe routing could be considered in calculating the peak flows in the CMP outfall. This rigorous study is not typically necessary for an interchange type project, because the timing offsets and effect are usually not substantial enough to warrant this type of analysis and it is common for the Caltrans drainage systems to be oversized because of the Department's policies on minimum pipe sizes. In the case of the I-15/SR-79 South Interchange project, the hydrologic timing requires evaluation because it would be the simplest and most cost effective method to Attachment A, Page 1 of 5 CITY OF TEMECULA Second Amendment PROJECT NO. PW04-08 verify that the existing outfall is adequate to drain the interchange. If the link - node hydrology study determines that adequacy of the CMP outfall cannot be verified through this analysis, then a detention basin sizing analysis must be performed. 2. A detention basin sizing analysis would determine if the peak flow rate in the outfall pipe could be feasibly reduced to the amount necessary to preserve the existing outfall, without replacement or increasing the outfall size. a. The first step involves creating Riverside County Synthetic Unit Hydrographs for the various storms, selecting an appropriate return frequency/storm duration, and establishing an inflow hydrograph. b. A grading study of the Southbound Off -Ramp infield area determines the available storage volume, and refines the preliminary basin configuration for the required detention basin routing. c. The inflow hydrograph is routed through the detention basin using a Modified Plus basin routing. The detention basin control structures and spillways are sized and verified. d. Maintenance access roads and design details are modified on the plans to allow for appropriate access to the new detention basin configuration. Details are developed for the control structures. e. The modified basin design is then verified to ensure that the access road grading and control structures do riot adversely affect the performance of the basin as a Best Management Practice facility. 3. Once the detention basin sizes, configuration, and outlet structures were sized and verified, the project plans, media filter details, pipe layouts and profiles, and project quantities were updated to meet the new configuration. Deliverables: Draft Drainage Plans (95% Submittals) TASK 11 — ENVIRONMENTAL REEVALUATION (WBS 255.15) - EXPANDED TASK 11.1 Cultural Resources Support Services Native American Consultation Coordination/Meetings: The Native American Consultation was initiated July 2010 with Caltrans District 8 staff and was expanded to include consultation for both utility potholing and construction of the access road on the west side of the ARCO property. This task has been protracted beyond initial anticipation. RBF's subconsultant, LSA, will continue to provide consultation support to Caltrans District 8 and continue to participate in the communications with Gary Jones, Caltrans District 8 archaeologist, regarding the planning, execution, and results of the pot -holing activities. Pot -Hole Monitoring: LSA will provide monitoring during utility potholing activities and stipulates. It is assumed that pot -holing will be completed within 2 weeks (10 working days) and that the results will be negative for archaeological resources. LSA will spot check the pot -holing work and will prepare a monitoring report that describes the methods utilized, the soil conditions that were encountered, and the monitoring results. Tasks associated with the completion of the project include photography, graphics, word processing, and reprographics. In addition, mileage, photocopies, film, etc., are included. Attachment A, Page 2 of 5 CITY OF TEMECULA Deliverables: Cultural Resources Support Services 11.2 NES (MI) Revisions Second Amendment PROJECT NO. PW04-08 The original scope of work was written to prepare a biological resources technical memorandum. After consultation with Caltrans District 8 staff, the work program was expanded to include revision of the original NES (MI) text and graphics. The expanded work program required additional time for revisions to the report figures and report text. Deliverables: NES (MI) Revisions 11.3 Hydraulic Study and Floodplain Evaluation As noted in EWA No. 2, based on the existing studies for the Western Bypass Bridge project, it was anticipated that the results of the analysis would confirm that the proposed retaining wall would not have an adverse impact on the floodway special flood hazard area (SFHA). It was further noted that unanticipated results from the hydraulic model, FEMA research, or floodway impacts may require re -analysis of mitigation measures, alignment alternatives and the processing and submittal of a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) and these items would be addressed via a separate addendum. The work program related to Task 11.9 has progressed to the level that the need for a CLOMR and LOMR processing has become evident. The purpose of the CLOMR/LOMR process is to document the expected impacts to the floodplain and floodway special flood hazard area (SFHA) resulting from the proposed retaining wall and utility access road that is proposed for the I-15/SR-79 interchange project. The analysis will build on the work done for the Task 11.9 (EWA No.2). Murrieta Creek is mapped as Zone AE with a regulatory floodway, the National Flood Insurance Program (NFIP) requires a CLOMR/LOMR for a project on a stream or river for which detailed analyses have been conducted and both Base Flood Elevations (BFE) and a regulatory floodway have been designated. If the community proposes to allow development totally or partially within the regulatory floodway, a CLOMR must be obtained. Subsequent to the construction, the LOMR is required to be prepared and submitted to document the final floodplain/floodway configuration. The ARCO Station improvements are recorded under a LOMR-F (Letter of Map Revision — Fill). This LOMR-F was granted based on the floodplain being encroached to the edge of the floodway, and raised the water surface nearly to the maximum allowable limit of one foot above the unencroached BFE. The floodplain analysis for the Western Bypass used a digital HEC -RAS model based on a Corps of Engineers (USACE) Model for Murrieta Creek and was provided to RBF Consulting by T.Y. Lin and West Consultants. Because the Western Bypass floodplain analysis was based on an USACE model, RBF revised the Western Bypass models to evaluate the effects of the proposed retaining wall. Based on the analysis that was completed for Task 11.9 (EWA No. 2) it Attachment A, Page 3 of 5 CITY OF TEMECULA Second Amendment PROJECT NO. PW04-08 was found that the proposed retaining wall did riot adversely affect the Western Bypass. Following the approach established by T.Y. Lin and West Consultants, the analysis was undertaken using the Western Bypass model while the FEMA Librarian researched the Effective Model. Since the Western Bypass model was not based on a FEMA model, it was riot anticipated that FEMA would have a model of Murrieta Creek. Unexpectedly, the FEMA Librarian provided a paper copy of FEMA's HEC -2 model. This HEC -2 model required recreation, and verification to be used for the FEMA Floodplain Encroachment and Floodway analysis. The FEMA HEC -2 model shows the floodplain and floodway, while the Western Bypass model does riot contain a floodway model. Since the FEMA model is the "Effective Model," the effects of the proposed wall on the floodplain and floodway must be analyzed and reported in the CLOMR using the FEMA model. To maintain continuity with the approved environmental document for the Western Bypass, the interaction of the bridge and wall are analyzed using the HEC -RAS Western Bypass Model. The Western Bypass analysis thereby becomes a secondary, albeit necessary step to coordinate the two project's hydraulic interaction. The results of RBF's analysis, using the FEMA model, show that the wall encroaches into the existing regulatory floodway, and raises the water surface slightly. This slight increase is calculated to be within the allowable one -foot of cumulative increase in the unencroached BFE that is permitted by the floodplain ordinance. However the encroachment into the regulatory floodway will still require that this be documented with FEMA using the CLOMR/LOMR process. The CLOMR application process will include: 1. The completed MT -2 Application form for City Endorsement 2. Calculation of Review and Processing Fees for the City to FEMA 3. Floodplain workmap 4. Hydraulic Analysis Floodplain/Floodway Models: a. HEC -2 recreated from the paper HEC -2 (NGVD 1929 vertical datum). b. HEC -RAS converted from HEC -2 (Duplicate Effective Model). c. HEC -RAS adjusted to the project's NAVD 1988 vertical datum (Corrected Effective Model). d. HEC -RAS recreated from item c and the surveyed contours for the ARCO station (Existing Model). e. HEC -RAS showing the proposed wall (Project Condition Model). 5. Supporting Calculations 6. Technical Report (Project Description, Discussion, and Explanatory text) 7. Approved Construction Drawings The CLOMR will be effective for the duration of the project construction. Once the construction is completed, and Record Drawings are available, the LOMR must be filed to complete the process. The LOMR will demonstrate the Water Surface Elevations based on the constructed improvements. Since processing of the LOMR is a post -construction activity, it is recommended that activity be performed as part of a future construction support contract. Deliverables: CLOMR application. Attachment A, Page 4 of 5 CITY OF TEMECULA FEES Second Amendment PROJECT NO. PW04-08 TASK DESCRIPTIONS Per Caltrans WBS Release 9.1 TOTAL TASK 5 - PREPARE DRAFT PS&E (65% & 95% Submittals)(WBS 230) 230130 Draft Drainage Plans (65% and 95% Submittals) 1 $ 19,000 TASK 5 - PREPARE DRAFT PS&E (65% & 95% Submittals) (WBS 230) 255 15 Cultural Resources Technical Memorandum $ 7,800 255 15 Biological Resources Technical Memorandum $ 2,300 255 15 Hydraulic Study and Floodplain Evaluation $ 39,400 Total! $ 68,500 Attachment A, Page 5 of 5 4-❑ INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location 58 2010-11 . IDOL atiptraftextda INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: Right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstate -15 from Temecula Parkway/State Route 79 South to accommodate traffic generated by future development of the City's General Plan land use and regional traffic volume increases forecasted for the year 2025. This project is needed because projected traffic volume increases currently exceeds the capacity of the existing interchange improvements constructed by Riverside County Transportation Department. Benefit: Project will improve circulation, freeway access, and level of service at the Interstate -15 and Temecula Parkway/State Route 79 South intersection. Proiect Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). This project is estimated to be complete by fiscal year 2014. Department: Public Works—Account No. 210.165.662 Priority: 1 Project Cost: Actuals to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost Administration $ 173,353 $ 206,900 $ 150,000 $ 175,000 $ 705,253 Acquisition $7,413,992 $ 50,000 $ 7,463,992 Construction $ 104,088 $19,481,997 $ 2,202,450 $ 21,788,535 Construction Engineering $ 2,094,869 $ 380,131 $ 2,475,000 Design $1,259,359 $ 2,015,968 $ 3,275,327 MSHCP $ 804,950 $ 804,950 Totals $8,950,792 $ 2,272,868 $22,531,816 $ 2,757,581 $ - $ - $ - $ 36,513,057 Actuals Source of Funds: to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Project Years Cost CFD (Crowne Fill) $ 502,211 $ 502,211 Reimbursement/Other (Morgan Fill) $1,190,582 $ 1,190,582 Reimbursement/Other (Pechanga Intergovernmental Agreement) $10,000,000 $ 10,000,000 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate BiII 621 $2,886,304 $ 7,224,379 $ 10,110,683 TUMF (ROTC) $4,371,695 $ 2,272,868 $ 3,707,437 $ 10,352,000 Unspecified" $ 2,757,581 $ 2,757,581 Total Funding: $8,950,792 $ 2,272,868 $22,531,816 $ 2,757,581 $ - $ - $ - $ 36,513,057 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 $ 6,000 $ 6,120 1 $ 6,242 *Project cannot be constructed until a funding source is identified. 59 Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 05, 2011 SUBJECT: Summary Vacation of the Restricted Access along Portions of Moraga Road and Via Las Colinas at Parcels 1 and 2 of Parcel Map 35481 PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG PORTIONS OF MORAGA ROAD AND VIA LAS COLINAS AT PARCELS 1 AND 2 OF PARCEL MAP 35481 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE BACKGROUND: In November 2010, the property owner of Parcel Map No. 35481 filed a lot line adjustment (LLA) application with the City necessitated by a change in the proposed building footprint for Parcel 2. The LLA will increase the size of Parcel 2 to accommodate a proposed senior congregate care facility. The proposed building configuration will require the relocation of the existing Parcel 2 driveway access opening at Via Las Colinas and also the addition of a second driveway access opening at Moraga Road as required by the Fire Department. Per Parcel Map No. 35481 recorded on October 24, 2008, the abutter's access rights to Moraga Road and Via Las Colinas were restricted from Parcels 1 and 2 excepting two 70 -foot wide access openings on Via Las Colinas. The subject vacation will remove the restricted access along Moraga Road and Via Las Colinas at PM 35481 and thereby allow relocation of the existing access openings to new locations that accommodate onsite building configuration and traffic circulation. The vacation will also allow a future relocation of the current access opening for Parcel 1, once a future building configuration is finalized for this parcel. Final driveway locations shall be pursuant to City standards and approval by the City Engineer. The subject summary vacation will riot affect current access rights to the existing parcels for Parcel Map 35481 abutting Moraga Road and Via Las Colinas nor will any utilities will be affected by this vacation. Staff therefore recommends that the City Council adopt Resolution No. 11-_, approving the proposed summary vacation, pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highway Code. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 11 -_ with Exhibits "A" & "B", Inclusive RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG PORTIONS OF MORAGA ROAD AND VIA LAS COLINAS AT PARCELS 1 AND 2 OF PARCEL MAP 35481 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declares as follows: A. The Owner's Statement of Parcel Map No. 35481 provides that the Owner of Parcel 1 and 2 will have no rights of access to Moraga Road and Via Las Colinas, excepting two 70 -foot wide access openings located at Via Las Colinas for each respective parcel. B. In November 2010, the Owner of Parcels 1 and 2 of Parcel Map No. 35481 (hereinafter "Owner") filed a lot line adjustment application with the City necessitated by a change in the proposed building footprint for Parcel 2. The proposed building configuration will require the relocation of the existing Parcel 2 driveway access opening at Via Las Colinas and also the addition of a second driveway access opening at Moraga Road. C. The Owner now desires to vacate the restricted access along Moraga Road and Via Las Colinas as shown on Parcel Map No. 35481 to allow for relocation of the existing access openings to new locations that accommodate onsite building configuration and traffic circulation. The vacation will also allow a future relocation of the current access opening for Parcel 1, once a future building configuration is finalized for this parcel. Final driveway locations shall be pursuant to City standards and approval by the City Engineer. D. The City Council desires to effectuate the intention of the Owner by summarily vacating the existing restricted access along the westerly side of Moraga Road and northerly side Via Las Colinas fronting Parcels 1 and 2 of Parcel Map No. 35481 and as described on Exhibits "A" and "B", attached hereto. E. This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways Code. F. This vacation will not change current access rights to Parcels 1 and 2 of Parcel Map No. 35481 abutting Moraga Road and Via Las Colinas. G. There are no public utility easements or facilities which will be affected by this vacation. Section 2. The restricted access along Moraga Road and Via Las Colinas on Parcels 1 and 2 of Parcel Map 35481, as described on Exhibit "A" and "B", is hereby vacated and shall no longer constitute an easement or right of way or other interest in real property of the city of Temecula and shall revert to the Owner. Section 3. The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highway Code Section 8336. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of April, 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 5th day of April, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" LEGAL DESCRIPTION SUMMARY VACATION OF RESTRICTED ACCESS MORAGA ROAD & VIA LAS COLINAS The City of Temecula hereby grants all access rights to grantee, appurtenant to grantee's property, in and to Moraga Road and Via Las Colinas over and across the courses described as follows: All that certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being a portion of Parcels 1 and 2 of Parcel Map 35481, as shown by Map on file in book 227, pages 23 and 24, inclusive, of Parcel Maps, records of Riverside County, State of California, more particularly described as follows: BEGINNING at a point on the Westerly right-of-way of Moraga Road (66.00 feet wide), being the most Northeasterly corner of said Parcel 2, said point also being the Southeasterly terminus of the course that reads North 60°45'51" West, 19.70 feet, per said Parcel Map 35481, and the beginning of a non -tangent curve, concave Westerly, having a radius of 767.00 feet; Thence Southerly along said curve through a central angle of 13°57'36" an arc length of 186.88 feet to the terminus of said curve; Thence South 00°17'41" East, 162.59 feet; Thence South 44°42'19" West, 35.36 feet to the Northerly right-of-way of Via Las Colinas (60 feet wide); Thence South 89°42'19" West, 206.96 feet to the beginning of a tangent curve, concave Southerly, having a radius of 530.00 feet; Thence Southwesterly along said curve through a central angle of 27°00'00" an arc length of 249.76 feet to the terminus of said curve; Thence South 62°42'19" West, 198.84 feet to the Southwest corner of said Parcel 1 of Parcel Map 35481 and the POINT OF TERMINUS. Exhibit "B" is attached hereto and made a part hereof. This description was prepared by me, or under my direction. 1114-111 Deyan Pantich, L.S. 8414 My license expires 12/31/11 EXHIBIT B P.O.` 19.70' N 60'45'51" W `\--) I L=186.88' I O i R=767.00' a=1357'36" Y. ��� �� /1/ 1- I r:IS::IS:r 35.36' 00(1, ca y S 4442'19- W i ;+ 4 4P.) 4 4' )\ ����' ::---: (0 ,,,, EXIST.co , . .:.'', 6) 44 r0 , , . , ESS (4 4y� ACC I I `-OPENING I 17 -7 ------TO BE REMOVED / "-,4 fbcp cb 44)1'0 cd 4 L=249.76 ; d=27'00'00" l 7 444` /\'' R=530.00 4 / / 4 'c sib 6 410 4t1 /Po45/ �� \6� 7F �y 5_ 67' F U EXIST. ACCESS OP TO BEEEI REMOVED 67' 122' I 90176 SUMMARY VACATION OF RESTRICTED ACCESS -,4-0 LEGEND 1--- 30'l 30' I P.O.B. P.O.T. .O.T. 4fh PROPERTY LINES RESTRICTED ACCESS PER PM 35481 POINT OF BEGINNING POINT OF TERMINUS SHEET 1 OF 1 DATE: MAR 14,111fl3PM F1LE:Z:1PaoJEcrs\2010\10-039\PROD\MAPPIu1LLA\10-039-RA-VACA noN.owc Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: April 5, 2011 SUBJECT: Payment of the City's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for FY2010-2011 PREPARED BY: Mayra De La Torre, Senior Engineer Aldo Licitra, Associate Engineer RECOMMENDATION: That the City Council approve payment to the Riverside County Flood Control District in the sum of $201,277.91 as the City's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. BACKGROUND: On January 26, 2005, the City of Temecula executed a National Pollutant Discharge Elimination System (NPDES) Implementation Agreement (IA) with the Riverside County Flood Control District (RCFCD). The IA manages the regional components of the City's NPDES Order (No. R9-2010-0016) and establishes proportional cost shares for each permittee based on a cost-sharing formula. The RCFCD administers the IA, the regional components, and associated costs. The regional components of the City's NPDES Order that are covered by the agreement include water sampling programs, the Watershed Stormwater Management Plan (SWMP), special studies, municipal staff training, annual watershed reports, business inspections, Receiving Water Monitoring Reports, outreach programs, and Reports of Waste Discharge (ROWDs). The cost for Temecula's share, based on the formula in the agreement, is $201,277.91 for FY 2010-11. FISCAL IMPACT: $201,277.91 has been budgeted in the NPDES Division Operating Budget to pay for Temecula's share of the IA for FY 2010-11. ATTACHMENTS: FY 2010-11 Cost -Sharing Reimbursement Invoice from RCFCD Executed Implementation Agreement dated March 1, 2005 WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 25, 2011 Mr. Shawn Nelson, City Manager City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 Attention: Aldo Licitra 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org 135947 Dear Mr. Nelson: Re: FY 2010-11 Cost Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on July 14, 2004 as Order No. R9-2004-001 (NPDES No. CAS0108766) and in accordance with the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta and Temecula (Permittees) on March 1, 2005, a cost sharing provision between the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost sharing of estimated regional program costs ("Estimated Costs"), with the "Combined Contribution" from the County and Cities not to exceed $500,000 annually. Although Item 3 also notes that the District shall invoice the County and Cities for their "Individual Contribution" to the total "Combined Contribution" in two installments (50% each installment), it has been verbally agreed by all Permittees that this year the District will invoice the County and Cities for their contribution of the FY 2010-11 "Estimated Costs" in one installment (100% contribution). The District has determined the "Estimated Costs" for the period of July 2010 through June 2011 to be $500,000 with a "Combined Contribution" total of $500,000. Per the calculations and the attached invoice, your Agency's contribution is $201,277.91. Therefore, please remit $201,277.91 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 92501-1770 Attention: Accounts Receivable Re: FY 2010-11 Cost Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation and prompt response to this request. If you have any questions concerning this matter, please feel free to call Claudio Padres at 951.955.8602 or Amy McNiell at 951.955.8589. Attachments: Table and Invoice Very truly yours, WARREN D. WILLIAMS General Manager -Chief Engineer ec: Santa Margarita NPDES Permit Representatives (via e-mail) NPDES File AMM:cw 135947 SANTA MARGARITA RIVER WATERSHED CO -PERMITTEE COST SHARING FOR REGIONAL NPDES PROGRAM COSTS FISCAL YEAR 2010-2011 FY09/10 FY09/10 FY09/10 FY10/11 Corrected AGENCY Budget Responsibility* Actuals Correction Budget FY10/11 County $131,242.70 $84,197.46 $47,045.24 $172,351.29 $125,306.04 Murrieta $190,293.87 $122,081.17 $68,212.70 $241,628.76 $173,416.05 Temecula $215,781.43 $138,432.46 $77,348.97 $278,626.88 $201,277.91 Totals: $537,318.00 $344,711.08 $192,606.92 $692,606.92 $500,000.00 MAKE CHECK PAYABLE TO: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE. CA 92501 CITY OF TEMECULA P.O. BOX 9033 TEMECULA CA 92589-9033 County of Riverside INVOICE For billing questions, please call 951-955-4330 Line Adj Identifier Description 1 FY10/11 NPDES COST SHARE CUSTOMER NOTE: FY10/11 SANTA MARGARITA RIVER 679R9922/8-9-00980 SUBTOTAL: Page: Invoice No: Invoice Date: Customer Number: Payment Terms: Due Date: Contact Person: Inquiry Number: 1 FC0000012678 02/22/2011 FC -000576 30 Days 03/24/2011 Flood Control Accounts Receive 951-955-4330 Quantity 1.0000 UOM Unit Amt EA 201,277.91 WATERSHED COST SHARE Net Amount 201,277.91 201,277.91 TOTAL AMOUNT DUE : 201,277.91 Please Remit To: Flood-Accounting-Rvrsd Requestor Flood Control Accounting 1995 Market St Riverside CA 92501 United States ATTN: FC -NR STANDARD Invoice No: Invoice Date: Customer Number: AMOUNT DUE: Enclosed: FC0000012678 02/22/2011 FC -000576 201,277.91 Original 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement San Diego Region (Santa Margarita Drainage Area) This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the "DISTRICT"), the COUNTY OF RIVERSIDE (the "COUNTY"), and the CITIES OF MURRIETA and TEMECULA (the "CITIES"), establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Discharge Permit (the "NPDES Permit") issued by the Califomia Regional Water Quality Control Board — San Diego Region (CRWQCB-SDR) pursuant to Order No. R9-2004-001. RECITALS WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C.§1342(p)); and WHEREAS, Section 402(p) of the CWA requires certain municipalities to obtain NPDES Permits in order to discharge storm water from MS4s to waters of the United States; and WHEREAS, Section 402(p) of the CWA requires operators of certain industrial facilities to obtain NPDES Permits for storm water discharges associated with designated industrial activities, including construction activities; and WHEREAS, Section 402(p) further requires the United States Environmental Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and WHEREAS, EPA adopted such regulations in November 1990; and WHEREAS, EPA delegated authority to the California State Water Resources Control Board ("SWRCB") to administer the NPDES Permit process within the boundaries of the State of California; and WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and -1- MAR - 1 2005 Il.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 WHEREAS, the jurisdiction of the California Regional Water Quality Control Board -San Diego Region ("CRWQCB-SDR") includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DISTRICT was created to provide for the control of flood and storm waters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and WHEREAS, on May 30, 2003, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES Permit (Order No. R9-98-02, NPDES No. CAS0108766) which expired on November 8, 2003; and WHEREAS, on July 14, 2004, CRWQCB-SDR adopted Order No. R9-2004-001 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES Permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit issued pursuant to Order No. R9-2004-001 meets both the requirements of Section 402(p)(3)(B) of the CWA and those requirements issued under CRWQCB-SDR discretionary authority in accordance with Section 402(a)(1)(B) of the CWA; and WHEREAS, the NPDES Permit designates DISTRICT as "PRINCIPAL PERMITTEE" and DISTRICT, COUNTY and CITIES as "PERMITTEES"; and WHEREAS, cooperation between PERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of PERMITTEES; and WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of PERMITTEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT's program and administrative costs associated with the development, implementation and management of the federally -mandated NPDES Program and DISTRICT is willing to use the BENEFIT ASSESSMENT funds to support DISTRICT's role as PRINCIPAL -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 PERMITTEE and to support regional program costs to the extent that BENEFIT ASSESSMENT funds are available; and WHEREAS, PERMITTEES are to perform and/or execute certain activities prescribed in the NPDES Permit that will benefit all parties. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit issued to PERMITTEES by CRWQCB-SDR pursuant to Order No. R9-2004-001 is attached to this Agreement as Exhibit "A" and is hereby incorporated by reference in its entirety and made a part of this Agreement. 2. Delegation of Responsibilities. The responsibilities of each of the parties shall be as described in the NPDES Permit and reiterated as follows: a. DISTRICT shall assume the responsibilities and meet the requirements of the NPDES Permit by: (1) Complying with Section M (Principal Permittee Responsibilities), including providing COUNTY and CITIES an opportunity to review and comment on the Watershed Storm Water Management Plan (SWMP), Watershed SWMP Annual Report and any other reports prepared by the District for the Permittees. (2) Complying with Sections A through N (Prohibitions, Non - Storm Water Discharges, Receiving Water Limitations, Legal Authority, SWMP, Development Planning, Construction, Existing Development, Education, Illicit Discharge Detection and Elimination Program, Watershed -Based Activities, Monitoring and Reporting Program, and Standard Provisions, respectively), as they pertain to DISTRICT facilities and operations, at no cost to COUNTY and CITIES. (3) Coordinating watershed efforts specified in Provision K. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 b. COUNTY and CITIES shall, at no cost to DISTRICT, assume the responsibilities and meet the requirements of the NPDES Permit for land area within their individual jurisdictions by: (I) Complying with Sections A through N (Prohibitions, Non- Storm Water Discharges, Receiving Water Limitations, Legal Authority, SWMP, Development Planning, Construction, Existing Development, Education, Illicit Discharge Detection and Elimination Program, Watershed -Based Activities, Monitoring and Reporting Program, and Standard Provisions, respectively), as they pertain to COUNTY and CITIES facilities and operations. (2) Demonstrating compliance with NPDES Permit requirements through timely implementation of the approved Individual and Watershed SWMPs and any approved modifications, revisions or amendments thereto. (3) Providing to DISTRICT (on DISTRICT provided forms) information needed to satisfy the reporting requirements as described in the Provisions E, L and K or to respond to information requests from the CRWQCB-SDR. COUNTY and CITIES shall specifically: (a) Submit their Individual SWMPs and data necessary to prepare the Watershed SWMP and Receiving Waters Monitoring Reports no later than September 15 of each year. (b) Provide information on existing MS4 facilities and/or other data as it pertains to COUNTY or CITIES facilities when requested by DISTRICT. c. Public Education Program. On behalf of PERMITTEES, DISTRICT -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 shall conduct public education activities on a regional basis that focus on reducing pollution of Urban Runoff within the Santa Margarita Region, including radio and print advertising, developing brochures, and attending public events. DISTRICT shall also develop and implement mechanisms to determine the effectiveness of the regional public education program. The COUNTY and CITIES shall be individually responsible for developing and implementing public education programs targeted at individual communities or stakeholders within their respective jurisdictions. d. Monitoring Program. DISTRICT shall perform sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program (M&RP), Provision H.A. The location of the sampling sites shall be determined by PERMITTEES, subject to approval by CRWQCB-SDR. The PERMITTEES shall be individually responsible for complying with Provision 11.B of the M&RP. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the M&RP for PERMITTEES. The contract shall be used strictly for water quality samples collected to comply with Provision II of the M&RP. e. Consultant's Services. In the event DISTRICT requires the services of a consultant or consultants to assist in preparing manuals, developing programs or performing studies relevant to the entire Santa Margarita Region, the cost of said consultant services shall be shared by PERMITTEES in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICT's request for proposals from consultants, selection of a consultant, consultant's fee, -5- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. f. Support for Regional Programs. The PERMITTEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's Hazardous Materials Team; County Environmental Health's Household Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICT's membership with the California Stormwater Quality Association (CASQA) on behalf of PERMITTEES; the DISTRICT's administration of Principal Permittee duties, and other NPDES support activities as needed. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. g. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit. This includes the exercise of land use controls, the exercise of police powers and the enforcement of ordinances that COUNTY or CITIES presently have adopted or will adopt in the future. 3. Shared Costs. Costs for services to be performed in accordance with Sections 2.c., 2.d., 2.e. and 2.f. of this Agreement shall be shared by the PERMITTEES in accordance with the procedure specified below. In December of each year of this Agreement the DISTRICT shall: a. Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. and -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 2.f. for the upcoming fiscal year (ESTIMATED COSTS); b. Estimate the DISTRICT's internal costs for developing, implementing and administering the NPDES program in the Santa Margarita Region as specified in 2.a. (INTERNAL COSTS); and c. Estimate the revenues expected from the BENEFIT ASSESSMENT program (the "ASSESSMENT REVENUES"). d. Determine actual costs for NPDES programs administered in the previous fiscal year. e. Determine Credits or Debits (the "CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1 of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution (the "DISTRICT CONTRIBUTION") to programs specified in Sections 2.c., 2.d., 2.e., and 2.f. for the upcoming fiscal year shall be determined using the following formula: DISTRICT CONTRIBUTION = ASSESSMENT REVENUES — INTERNAL COSTS - 20% ASSESSMENT REVENUE. 1 If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution 1 District retains 20% of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC&WCD Ordinance No. 14. -7- equally weighted average of population and Benefit Assessment Units v the equally weighted average of contribution shall be calculated a; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION") shall be determined using the following formula: COMBINED CONTRIBUTION = ESTIMATED COSTS — DISTRICT CONTRIBUTION The COUNTY and individual CITIES respective pro rata share of the COMBINED CONTRIBUTION (the "INDIVIDUAL CONTRIBUTION) shall be determined on the basis of an Region of Riverside County. More specifically, such percentage a) ithin the Santa Margarita the population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; b) the calculated number of Benefit Assessment Units (BAU) for COUNTY or individual CITIES, divided by the total BAU for COUNTY and individual CITIES. The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CITIES shall be determined by the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area (TRA) information best fitting the NPDES PERMIT area. The BAU count of COUNTY and CITIES shall be estimated by comparing the most current TRA information best fitting the NPDES PERMIT area with the Assessment Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMATED COSTS for the fiscal year. Starting in Fiscal Year 2004-2005, DISTRICT shall invoice COUNTY and CITIES -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 for INDIVIDUAL CONTRIBUTION in two installments. The first installment, for 50% of INDIVIDUAL CONTRIBUTION, shall be prepared upon approval of this agreement, or after Fiscal Year 2004-2005, at the beginning of the fiscal year, by DISTRICT and paid within 60 days of receipt of invoice from DISTRICT. The second installment, due for the balance of INDIVIDUAL CONTRIBUTION, will be invoiced after January 1 of the current fiscal year and shall be paid by April 30 or within 60 days of invoice from DISTRICT if received after March 1. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $500,000 annually under this Agreement. 4. Term of the Agreement. The term of this Agreement shall commence on the date of execution by the last duly authorized representative of the PERMITTEES. The term of the Agreement shall be indefinite or as long as required for compliance with the CWA, unless each of the parties withdraws in accordance with the terms of this Agreement. 5. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file a written request with DISTRICT asking to be added as a party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of PERMITTEES. If a majority of the PERMITTEES, each having one, co- equal vote, approves the addition of the City, DISTRICT, on behalf of the PERMITTEES, will ask CRWQCB-SDR to add the City to the NPDES Permit as an additional Permittee. Once the City is made an additional PERMITTEE to the NPDES Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter, comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement, the City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the current and any subsequent budget year. 6. Withdrawal from the Agreement. Any party may withdraw from this Agreement 60 days after giving written notice to DISTRICT and CRWQCB-SDR. The withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the requirements established by CRWQCB-SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing party's share of the costs paid as described in Section 3. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 allocations to the remaining parties shall be recalculated in the following budget year. 7. Non-compliance with Permit Requirements. Any party found to be in non- compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be solely liable for any lawfully assessed penalties. Common or joint penalties shall be calculated and allocated between the affected parties in equal shares. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all parties to this Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all parties to the Agreement. 9. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES Permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. 11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute consent to any different or subsequent waiver or breach. 13. Applicability of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each party has -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. /// -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. IVERSIDE COUNTY FLOOD CONTROL RECOMMENDEJ F PRO AND WATER CONSERVATION DISTRICT / l By WARREN D. WILLIAMS General Manager -Chief Engineer Dated: 2/7/69 APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By MARIR ASHLEY, Chairihan District Board of Supervisors ATTEST: NANCY ROMERO Clerk to the,Board By By DAVID H. K. HUFF, Deputy Dated: By LA• \ ••'• S County Executive Officer Dated: JU:MHW:blj 01/03/05 Deputy (SEAL) COUNTY OF RIVERSIDE By ./4 MARIO ASHLEY, Chairman Riverside County Board of Supervisors ATTEST: NANCY ROMERO Clerk to the Board By GCTiLe e Deputy (SEAL) -12- +AR - 1 2005 I t .5'- 91463.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. By WARREN D. WILLIAMS General Manager -Chief Engineer Riverside County Flood Control and Water Conservation Dated: MENDED FOR APPROVAL: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN C.�_.- hik ounsel away,_13 7.1(K, rVID H. K. HUFF, Deputy Dated: (Z- / Z z / e By LARRY PARRISH County Executive Officer MENDED FOR APPROVAL: Dated: JU:MHW:blj 11/16/04 SIDE COUNTY FLOOD CONTROL AND WA NSERVATION DISTRICT By JAMES A. VENABLE, Chairman District Board of Supervisors ATTEST: Y ROMERO Clerk to the By Deputy (SEAL) By Y OF RIVERSIDE ROY WILSON, Chairman Riverside County Board of Supervisors ATTEST: (SEAL) -13- APPROVED AS TO FORM: CITY OF MURRIETA Bawl L By City Attorney May ATTEST: ByIL-'-- 0stn �r City Clerk 91463.1 Dated: L- ' 0,3 -14- APPROVED AS TO FORM: By City Atto Peter M. Thorson 91463.1 Dated: / /2445' -14- Item No. 10 Approvals City Attorney Director of Finance City Manager Rief— Jaz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: April 5, 2011 SUBJECT: Support of the Southwest California Autism Task Force at the Request of Council Member Naggar PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT THE SOUTHWEST CALIFORNIA AUTISM TASK FORCE WHICH WAS CREATED TO EDUCATE THE COMMUNITY ABOUT THE GROWING PUBLIC HEALTH CRISIS SURROUNDING AUTISM, MATCH COMMUNITY NEEDS WITH EXISTING RESOURCES, AND DEVELOP PROGRAMS FOCUSED ON IMPROVING THE LIVES OF THIS SPECIAL NEEDS POPULATION BACKGROUND: Autism rates have grown exponentially since the mid -eighties. Autism occurs in all racial, ethnic and socioeconomic groups and is four times more likely to occur in boys than in girls. Autism now occurs in 1 in 91 children and it's becoming a growing health crisis. Council Member Naggar started the Southwest California Autism Task Force in an effort to raise awareness about this problem facing families of children with Autism. The Southwest California Autism Task Force was launched in 2010 with the intent of educating the community about the increasing public health crisis surrounding Autism, matching community needs with existing resources, and developing programs focused on improving the lives of this special needs population. The Southwest California Autism Task Force consists of elected representatives from the County of Riverside and the Cities of Murrieta, Temecula, Wildomar, Lake Elsinore, Canyon Lake, Menifee, and Hemet. This resolution of support is an effort to raise awareness of the Southwest California Autism Task Force and the work that they are doing on behalf of those with Autism and the families affected. This resolution will also be sent to all of the agencies involved in this effort. FISCAL IMPACT: None. ATTACHMENTS: Resolution RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT THE SOUTHWEST CALIFORNIA AUTISM TASK FORCE WHICH WAS CREATED TO EDUCATE THE COMMUNITY ABOUT THE GROWING PUBLIC HEALTH CRISIS SURROUNDING AUTISM, MATCH COMMUNITY NEEDS WITH EXISTING RESOURCES, AND DEVELOP PROGRAMS FOCUSED ON IMPROVING THE LIVES OF THIS SPECIAL NEEDS POPULATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Autism occurs in all racial, ethnic, and socioeconomic groups and is four times more likely to occur in boys than in girls; and WHEREAS, Autism occurs in 1 in 91 children; and WHEREAS, Autism rates exponentially increased since the mid -eighties; and WHEREAS, more autistic children than ever are entering the school system, utilizing City recreational programs, and are entering the workforce in the future; and WHEREAS, many families have difficulty finding resources to assist them with their autistic children; and WHEREAS, families with autistic children find it difficult to participate in normal social activities because of their child's special needs; and WHEREAS, in order for individuals with autism to be integrated fully into the community, businesses need to be educated about appropriate accommodations; and WHEREAS, thousands of families have a child with autism who are reaching adulthood without resources to help them make that transition; and WHEREAS, the City of Temecula, at the request of Council Member Naggar, launched the Southwest California Autism Task Force in 2010 with the intent of educating the community about the growing public health crisis surrounding autism, matching community needs with existing resources, and developing programs focused on improving the lives of this special needs population; and WHEREAS, the Southwest California Autism Task Force consists of elected representatives from the County of Riverside and the Cities of Murrieta, Temecula, Wildomar, Lake Elsinore, Canyon Lake, Menifee, and Hemet; and THEREFORE, the City of Temecula does hereby resolve to support the Southwest California Autism Task Force and its goals of educating the community, matching community needs with existing resources, and developing programs focused on improving the lives of this special needs population. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of April, 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 5th day of April, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 11 ACTION MINUTES of MARCH 22, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:35 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS No public comments. CSD CONSENT CALENDAR 9 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Naggar made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve the action minutes of March 8, 2011. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\032211 1 CSD ADJOURNMENT At 7:36 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 5, 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 Minutes\032211 2 REDEVELOPMENT AGENCY Item No. 12 ACTION MINUTES of MARCH 22, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:37 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS No public comments. RDA CONSENT CALENDAR 11 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval 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 - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval 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. RDA Action Minutes\032211 1 13 Professional Services Agreement for Environmental Science Associates (ESA) to prepare a Program Environmental Impact Report (EI R) for the Jefferson Corridor Specific Plan - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Comerchero and electronic vote reflected unanimous approval 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 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:37 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 5, 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 Minutes\032211 2 TEMECULA PUBLIC FINANCING AUTHORITY Item No. 13 ACTION MINUTES of FEBRUARY 22, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY The Temecula Public Financing Authority convened at 9:22 P.M. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS There were no public comments. TPFA CONSENT CALENDAR 26 Action Minutes - Approved Staff Recommendation (4-0-1) Director Washington made the motion; it was seconded by Director Comerchero and electronic vote reflected approval with the exception of Chair Person Roberts who abstained. RECOMMENDATION: 26.1 Approve the action minutes of February 8, 2011. ADJOURNMENT At 9:23 P.M., the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, March 8, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts , Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:1Minutes.tpfa1022211 1 Item No. 14 Approvals City Attorney Director of Finance City Manager 30L TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: April 05, 2011 SUBJECT: Community Facilities District No. 2003-02 (Roripaugh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) BACKGROUND: On December 10, 2010, approximately $1,181,221.72 in special taxes levied on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch) became delinquent by reason of non-payment. These properties are owned by Ashby USA, LLC. As a result, approximately $1,181,221.72 in special taxes, and $118,122.16 in penalties are presently owing. The District is additionally entitled to collect its administrative costs in seeking to resolve these delinquencies, including attorney's fees, roll removal fees, and costs of the litigation guarantees to be obtained from a title company. The attached resolution authorizes the Authority to remove from the county tax rolls the CFD taxes related to the Ashby owned parcels only. In addition, the City Attorney has ordered that litigation guarantees be prepared and has commenced to prepare complaints for judicial foreclosure. Foreclosure actions will be filed following the adoption of a resolution directing the City Attorney to initiate such proceedings. Any such proceedings may be affected by the filing of bankruptcy actions. FISCAL IMPACT: The delinquencies on these parcels in the amount of $1,181,221.72 will be used to satisfy the debt service requirement on the outstanding bonds. ATTACHMENTS: Resolution No. TPFA 11- RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDCIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY (HEREAFTER REFERRED TO AS THE "AUTHORITY") DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Authority has by previous Resolutions formed the Community Facilities District No. 03-02 (Roripaugh Ranch) (hereafter referred to as the "District"), and authorized the levy of a Special Tax in the District for Fiscal Year 2010-11, pursuant to the terms of the Mello Roos Community Facilities District Act of 1982, as amended (hereafter referred to as the "Act") that provides for the levy and collection of special taxes by the County of Riverside for the City of Temecula to pay the maintenance and services of all improvements and facilities related thereto. Section 2. The Authority enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of the Special Tax on property located within the District. Section 3. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a Superior Court Action to foreclose the lien therefore within specified time limits. Section 4. There exists delinquent installments due by property owners of assessor parcel numbers 964-180-004-6, 964-180-005-7, 964-180-017-8, 964-180-018- 9, 964-180-019-0, 964-180-020-0, 964-180-022-2, 964-180-023-3, 964-180-024-4, 964- 180-025-5, 964-180-026-6, 964-180-027-7 located within the District. Section 5. The Authority hereby declares that it is its intention to order judicial foreclosure proceedings against assessor parcel numbers 964-180-004-6, 964-180- 005-7, 964-180-017-8, 964-180-018-9, 964-180-019-0, 964-180-020-0, 964-180-022-2, 964-180-023-3, 964-180-024-4, 964-180-025-5, 964-180-026-6, 964-180-027-7 within the District and cause Notice of Intent to remove delinquent Special Tax installments from the County Tax Roll pursuant to Section 53356.2 of the Act. Section 6. The Authority Secretary shall certify adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 5th day of April, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 5th day of April, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary