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031312 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 13, 2012 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 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 Eastern Municipal Water District v. City of Temecula, Westside Business Center, et al. defendants, Riverside County Superior Court Case No. RIC 1107937. 2) 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 French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, Project Numbers PW02-11 and PW07-04: A. Real property owned by Madison Holdings, LLC, a California Limited Liability Company. The subject real property is commonly known as 27135 Madison Avenue, Temecula, and is identified as Riverside County Assessor's Parcel Number 910-262-006. The negotiating parties are the City of Temecula and Madison Holdings, LLC, a California Limited Liability company. B. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-005. The property has a frontage on the proposed southbound off -ramp from Interstate -15 to the proposed French Valley Parkway. The negotiating parties are the City of Temecula and the City of Murrieta. C. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-039. The property has a frontage on the proposed southbound off -ramp from Interstate -15 to the proposed French Valley Parkway. The negotiating parties are the City of Temecula and the City of Murrieta. D. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-043. The property has a 1 frontage on the proposed French Valley Parkway. The negotiating parties are the City of Temecula and the City of Murrieta. E. Real property owned by the City of Murrieta. The subject real property is a vacant parcel within the City of Murrieta and is identified as Riverside County Assessor's Parcel Number 910-262-047. The property lies to the north of Assessor's Parcel Number 910-262-043. The negotiating parties are the City of Temecula and the City of Murrieta. F. Real property owned by the City of Murrieta. The subject real property is commonly known as 26900 Jefferson Avenue, Murrieta, and is identified as Riverside County Assessor's Parcel Number 910-262-045. The property is located at the Northeast corner of Jefferson Avenue and the proposed French Valley Parkway. The negotiating parties are the City of Temecula and the City of Murrieta. The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms of the acquisition for each of the parcels. 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: 12-04 Resolution: 12-23 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Music Teachers Association of California - Temecula Valley, Certificate of Merit Branch Honor Students Invocation: Pastor Clark Van Wick of Calvary Chapel Bible Fellowship Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Presentation by Southwest Health Care — Ken Rivers, CEO Presentation to City of Art Donation from Temecula Valley Arts League Reality Rally Presentation 2 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 a matter 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. Each speaker is limited to five minutes. 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 Budget Workshop action minutes of February 28, 2012; 2.2 Approve the action minutes of February 28, 2012. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 4 City Treasurer's Report as of January 31, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of January 31, 2012. 5 First Amendment to Agreement for Consulting Services between the City of Temecula and RBF Consulting for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan RECOMMENDATION: 5.1 Approve a First Amendment to Agreement for Consultant Services with RBF Consulting in the amount of $60,500 for additional consulting services in the preparation of an EIR for the Temecula Creek Inn Specific Plan. 6 Construction Contract for Citywide Storm Drain Improvements — Calle Fiesta, PW10-07 RECOMMENDATION: 6.1 Award a construction contract for Project No. PW10-07, Citywide Storm Drain Improvements — Calle Fiesta, to Ted Enterprises, Inc., in the amount of $142,088; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,208.80, which is equal to 10% of the contract amount; 6.3 Authorize the payment of the Multi Species Habitat Conservation Plan (MSHCP) fees to the Regional Conservation Authority (RCA), based on the current fee schedule for Fiscal Year 2011-12, in an amount not to exceed $7,500. 7 Additional Appropriation and Increase of Construction Contingency for the Roripaugh Ranch Fire Station, PW03-01 RECOMMENDATION: 7.1 Approve an additional appropriation in the amount of $197,929 for the Roripaugh Ranch Fire Station, Project No. PW03-01 from Development Impact Fees (DIF) — Fire; 7.2 Approve an increase of $283,935 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc. and increase the City Manager's administrative approval authority accordingly. 4 8 Second readinq of Ordinance No. 12-02 RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 12-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) 9 Second readinq of Ordinance No. 12-03 RECOMMENDATION: 9.1 Adopt an ordinance entitled: ORDINANCE NO. 12-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-02 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 a matter 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. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 10 Action Minutes RECOMMENDATION: 10.1 Approve the action minutes of February 28, 2012. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, March 27, 2012, 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 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 11 Relocation Plan for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, PW00-26 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT, PW00-26 11.2 Authorize the City Manager to approve and execute any necessary documents and issue relocation benefits pursuant to the approved Relocation Plan. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, March 27, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.citvoftemecula.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.citvoftemecula.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. 8 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL BUDGET WORKSHOP CONFERENCE CENTER 41000 MAIN STREET FEBRUARY 28, 2012 — 5:00 PM The City Council Budget Workshop convened at 5:06 P.M. CALL TO ORDER: Mayor Chuck Washington Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PUBLIC COMMENTS None. CITY COUNCIL REPORTS CITY COUNCIL BUSINESS 1 Strategic Business Plan and Budget Workshop — reviewed and discussed as presented. Council Member Naggar left the meeting room during discussions regarding Birdsall Park. RECOMMENDATION: 1.1 Review and discuss the Strategic Business Plan and Budget Overview for Fiscal Year 2011-12 Mid -Year Operating Budget, and Fiscal Year 2012-13 Annual Budgets, and provide direction to staff as appropriate. CITY MANAGER REPORT CITY ATTORNEY REPORT 1 ADJOURNMENT At 6:20 P.M., the City Council meeting was formally adjourned to Tuesday, February 28, 2012, with the regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 2 Chuck Washington, Mayor ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 28, 2012 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Susan Miyamoto Invocation: Kevin Osborne of the Church of Jesus Christ of Latter Day Saints Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS American Heart Month Proclamation Certificate of Appreciation to Temeku Cinemas Certificate of Achievement to Paul D. Jensen for attaining the rank of Eagle Scout PUBLIC COMMENTS The following individuals addressed the City Council: • Craig Puma - Temecula • Chris Kuban — Stephen Siller Tunnel to Towers Foundation • Jon Lieberg - Temecula • Diane Andersen - Temecula • Kevin Higgins - Temecula • Torgen Johnson — Solana Beach • Swedina Hurt — Carlsbad • Sharon Hoffman — Carlsbad • Ace Hoffman - Carlsbad • Lorena Spencer - Temecula • Tara Kelly • Gary Headrick — San Clemente • Mark Katan - Temecula CITY COUNCIL REPORTS None. 1 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 Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of February 14, 2012. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 12-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-2012 ANNUAL OPERATING BUDGET 4.2 Adopt a resolution entitled: RESOLUTION NO. 12-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 2 5 Third Amendment to the Agreement with Proactive Fire Design, Inc. — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the third amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $40,000 for Fiscal Year 2011-12 Fire Department Plan Review Service. 6 Right of Entry Agreement for Environmental Mitigation for French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, Project No. PW02- 11 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve, in substantially the form attached, the Right of Entry Agreement with the Navy Federal Credit Union. 7 License Agreement between Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Main Street Bridge Replacement, Project No. PW03-05 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve, in substantially the form attached, the License Agreement between the Riverside County Flood Control and Water Conservation District (RCFC & WCD) and the City of Temecula for the Main Street Bridge Replacement Over Murrieta Creek, Project No. PW03-05. 8 Temporary Street Closures for 2012 Springfest Events — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Receive and file the following proposed action by the City Manager. Temporarily close certain streets for the following 2012 Springfest Events: 'BLUEGRASS FESTIVAL', 'REALITY RALLY', 'TASTE OF TEMECULA', 'COMMUNITY SERVICES EXPO'. 9 Sponsorship Agreement for Temecula Valley Reality Rally, a Fundraiser Event for Michelle's Place — April 13 - 15, 2012 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3 9.1 Approve the Event Sponsorship Agreement with Michelle's Place for city - support costs in the amount of $4,062 and in-kind promotional services for $10,865 for the 2012 Temecula Valley Reality Rally; 9.2 Approve the use of the Conference Center to launch the event. 10 Sponsorship Agreement with the Temecula Valley Foundation for Excellence in Education's 2012 Taste of Temecula Valley — Approved Staff Recommendation (4-0-1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Mayor Washington who abstained. RECOMMENDATION: 10.1 Approve the Event Sponsorship with the Temecula Valley Foundation for Excellence in Education Agreement for city -support costs in the amount of $9,176 and in-kind promotional services of $10,865 for the 2012 Taste of Temecula Valley. 11 Sponsorship Agreement with P & R Productions for the 2012 Temecula Spring Rod Run — March 9 & 10, 2012 — Approved Staff Recommendation (4-0-1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval, with Council Member Edwards abstaining. RECOMMENDATION: Approve the Event Sponsorship Agreement with P & R Productions for city - support costs in the amount of $59,561.64, shuttle services for $7,500 and $10,865 for in-kind promotional services for the 2012 Temecula Spring Rod Run. 12 Sponsorship Agreement with the Arts Council of Temecula Valley for the 2012 Temecula Art Experience — June 23 & 24, 2012 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the Event Sponsorship Agreement with the Arts Council of Temecula Valley in the amount of $8,500 and in-kind promotional services for $10,865 for the 2012 Temecula Art Experience. 13 Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association for the 2012 Temecula Valley Balloon & Wine Festival — June 1 - 3, 2012 — Approved Staff Recommendation (4-0-1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with the exception of Mayor Washington who abstained. RECOMMENDATION: 4 13.1 Approve the Event Sponsorship Agreement with the Temecula Valley Balloon and Wine Festival Association in the amount of $26,775 cash and $10,865 for in- kind promotional services for the 2012 Temecula Valley Balloon & Wine Festival. In addition, 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. 14 Mayoral appointments to the Oversight Board of the Successor Agency to the former Redevelopment Agency pursuant to Assembly Bill ABX1 26 Chapter 4 Section 34179 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Receive and file. City Attorney Thorson advised, per FPPC Rules and Regulations, City Council Members can remain on the dais during items on which they abstain unless these items are pulled for additional discussion. He clarified that Council Member Edwards abstention is appropriate on Item No. 11, since she is the Executive Director of the Boys & Girls Club and the P & R Foundation will be providing a donation to that organization. PUBLIC HEARING 22 Long Range Planning Project No. LR11-0007, a Development Code Amendment (Title 17 of the Municipal Code) to modify the regulations for businesses selling alcoholic beverages - 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: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) City Attorney Thorson introduced and read by title only Ordinance No. 12-02 By way of a Power Point presentation, Associate Planner Cheryl Kitzerow presented the staff report as per agenda material. 5 The public hearing was opened and the following individuals addressed the City Council: • Dr. Sami Jihad — El Cajon • Leonardo Segura — Temecula • James Moore — Temecula • Ray McGue — Temecula • Eric Roersure — Temecula • Kerry Carner — Temecula • Denise Wyaykal - Temecula 23 Approval for levying an assessment for Fiscal Year 2012-13 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) - Approved Staff Recommendation (5-0-0) Council Member Roberts made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: 23.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 23.2 Instruct the City Clerk to tabulate any written protests received which might be received prior to the close of the public hearing regarding the formation of the proposed District; 23.3 If the City Clerk reports that there is riot a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 12-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2012-2013 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) By way of a Power Point presentation, Economic Development Analyst, Christine Damko, presented the staff report as per agenda material. No being no public comments or formal protests, the public hearing was closed. CITY COUNCIL BUSINESS 24 Amendment to the Park and Recreation Area Use Policies (Chapter 12.04.250) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Introduce and read by title only an ordinance entitled: 6 ORDINANCE NO. 12-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE City Attorney Thorson introduced and read by title only Ordinance No. 12-03 By way of a Power Point presentation, Director of Community Services, Aaron Adams presented the staff report as per agenda material. DEPARTMENTAL REPORTS 25 Planning Department Monthly Report 26 City Council Travel/Conference Report - January 2012 27 Public Works Department Monthly Report 28 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:52 P.M., the City Council meeting was formally adjourned to Tuesday, March 13, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 7 Chuck Washington, Mayor Item No. 3 Approvals City Attorney Director of Finance City Manager 700 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: March 13, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- 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: 1. Resolution 2. List of Demands RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $7,335,520.52. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March 2012, 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 02/16/2012 TOTAL CHECK RUN 02/23/2012 TOTAL CHECK RUN $ 6,845,884.20 489,636.32 TOTAL LIST OF DEMANDS FOR 03/13/2012 COUNCIL MEETING: $ 7,335,520.52 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,897,082.33 130 RECOVERY ACT JAG FUNDING 6,459.09 140 COMMUNITY DEV BLOCK GRANT 8,926.50 165 AFFORDABLE HOUSING 19,306.62 190 TEMECULA COMMUNITY SERVICES DISTRICT 333,966.44 192 TCSD SERVICE LEVEL B 76,536.17 194 TCSD SERVICE LEVEL D 1,092.48 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,189.59 197 TEMECULA LIBRARY FUND 5,951.72 210 CAPITAL IMPROVEMENT PROJECTS FUND 332,881.88 280 REDEVELOPMENT AGENCY - CIP PROJECT 155,198.42 300 INSURANCE FUND 789.07 320 INFORMATION TECHNOLOGY 39,848.14 330 SUPPORT SERVICES 3,622.29 340 FACILITIES 20,215.57 380 RDA DEBT SERVICE FUND 4,825.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 527,392.59 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 513,426.83 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 55,129.61 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,026,841.01 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 284,064.21 477 CFD- RORIPAUGH 1,922,610.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,509.92 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,491.81 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,463.06 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 237.53 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,627.05 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,051.80 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 2,430.06 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,577.48 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 98.36 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 268.05 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 77.66 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 6,309.17 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,109.69 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 573.61 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 540.82 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 4,928.60 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 53.94 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,069.38 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 11,971.42 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 11,284.51 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 12,611.87 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 198.36 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 259.26 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,479.63 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,070.99 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 83.90 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 358.89 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,085.38 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 130.68 700 CERBT CALIFORNIA EE RETIREE-GASB45 3,212.00 $ 7,335,520.52 TOTAL BY FUND: $ 7,335,520.52 apChkLst Final Check List Page: 1 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1873 02/16/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,698.10 2,698.10 SOLUTION 1874 02/16/2012 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1875 02/16/2012 000444 INSTATAX (EDD) State Disability Ins Payment 20,996.45 20,996.45 1876 02/16/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 73,453.03 73,453.03 1877 02/16/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,210.47 11,21047 SOLUTION 1878 02/16/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 130,706.52 130,706.52 RETIREMENT) 1879 02/16/2012 005460 U S BANK Secured Settlement#1 Pmt 4,329,464.33 4,329,464.33 150364 02/16/2012 003392 AARON BROTHERS ART & box framing for guitar display 1,455.07 1,455.07 FRAMING 150365 02/16/2012 004973 ABACHERLI, LIN DI TCSD instructor earnings 640.00 640.00 150366 02/16/2012 013295 ABBOTT CARDIOVASCULAR property tax reimb FY 10/11 155,032.00 155,032.00 SYSTEMS 150367 02/16/2012 013367 ACTIVE MICRO INC MISC TOOLS/EQUIP: PW TRAFFIC 74.67 74.67 150368 02/16/2012 004802 ADLERHORST INTERNATIONAL Jan training: PD K-9 Rudy/Astin 283.34 283.34 INC 150369 02/16/2012 013844 AECOM TECHNICAL SERVICES wildlife habitat assessment: PW 10,400.00 10,400.00 INC 150370 02/16/2012 006915 ALLIES PARTY EQUIPMENT rental equip: holiday event 899.11 899.11 150371 02/16/2012 012943 ALPHA MECHANICAL SERVICE HVAC MAINT: THEATER 299.50 INC 150372 02/16/2012 004240 AMERICAN FORENSIC NURSES (AFN) HVAC MAINT: PARKING GARAGE HVAC MAINT: CIVIC CENTER HVAC maint: PBSP DUI & drug screenings: Police DUI & drug screenings: Police 305.00 3,124.00 133.00 241.90 3,861.50 466.18 708.08 Pagel apChkLst Final Check List Page: 2 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150373 02/16/2012 000747 AMERICAN PLANNING 4/12-3/13 APA mb:Le Comte, Katie 335.00 ASSOCIATION 4/12-3/13 APA mb:Weaver, Dana 310.00 645.00 150374 02/16/2012 013950 AQUA CHILL OF SAN DIEGO Jan water filter system: B&S 26.94 26.94 150375 02/16/2012 001323 ARROWHEAD WATER INC JAN BOTTLED WTR SVCS: PBSP 53.31 Jan bottled wtr svcs: VR MS 23.61 JAN BOTTLED W1-1:4 SVCS: SKATE PARK 12.72 JAN BOTTLED W1-1:4 SVCS: CHS POOL 645 Jan bottled wtr svcs: TV Museum 14.51 Jan bottled wtr svcs: TCC 21.45 Jan bottled wtr svcs: Library 90.42 Jan bottled wtr svcs: MPSC 36.25 Jan bottled wtr svcs: Fld Op Ctr 145.65 Jan bottled wtr svcs: Theater 46.53 Jan bottled wtr svcs: Ch Museum 46.53 Jan bottled wtr svcs: CRC 75.38 JAN BOTTLED WTR SVCS: TES POOL 2.29 575.10 150376 02/16/2012 014605 ARTSOURCE MANAGEMENT, Delfos Danza performance:2/3-4 15,000.00 LLC CA non-resident withholding -185.00 14,815.00 150377 02/16/2012 011961 AT&T MOBILITY Jan Trip wire:Grafftti:Police 136.94 136.94 150378 02/16/2012 008868 BANK OF SACRAMENTO retention to escrow:Wnchstr Rd:RJ Noble 18,731.54 18,731.54 150379 02/16/2012 002377 BEST BUY COMPANY INC Employee Computer Loan Program 1,233.73 1,233.73 150380 02/16/2012 014660 BOYD, CHERYL J. refund:sec dep:rm rental:TCC 150.00 150.00 150381 02/16/2012 003048 BOYS & GIRLS CLUB CDBG reimb # 2 1,048.50 1,048.50 150382 02/16/2012 000128 BROWN & BROWN INSURANCE HJUB9055L51212 WC Feb' 12 80,914.00 80,914.00 150383 02/16/2012 003549 CALIF ASSN OF MUSEUMS online ad: Museum Manager 50.00 50.00 150384 02/16/2012 014560 COLLABORATIVE COMMUNITY refund:sec dep:rm rental:CRC 150.00 150.00 150385 02/16/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES Page2 apChkLst Final Check List Page: 3 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150386 02/16/2012 012353 CONSTRUCTION TESTING Description Amount Paid Check Total geotech svcs:ped/bike bridge 4,760.00 credit billing adj: hours billed -288.00 4,472.00 150387 02/16/2012 010650 CRAFTSMEN PLUMBING & plumbing svcs: Stn 84 85.00 85.00 HVAC INC 150388 02/16/2012 005324 CROSSROADS CHURCH refund:sec dep:rm rental:CRC 150.00 150.00 150389 02/16/2012 000164 ESGIL CORPORATION NOV PLAN CHECK SVCS: B& S 4,982.23 credit billing adj: Nov fee calculation -7.12 4,975.11 150390 02/16/2012 003665 EXCEL COMMERCIAL Jan long distance phone svcs 54.95 54.95 150391 02/16/2012 000165 FEDERAL EXPRESS INC 12/2-1/10/12 city express mail svcs 705.09 705.09 150392 02/16/2012 010804 FEHR & PEERS ASSOCIATES NOV CNSLT SVC:JEFFERSON 25,653.32 CORRIDOR DEC CNSLT SVC:JEFFERSON CORRIDO 13,859.49 39,512.81 150393 02/16/2012 003347 FIRST BANKCARD CENTER JC Dec card reversal fees -40.23 000845 NATIONAL LEAGUE OF CITIES JC regist:N LC cf 3/10-14 Wash,DC 445.00 007028 AMERICAN AIRLINES JC airfare:NLC cf3/10-14 Wash,DC 475.20 000871 HILTON RR htl:SCAG mtg LA 1/4/12 135.30 000845 NATIONAL LEAGUE OF CITIES RR regist:NLC cf 3/10-14 Wash,DC 445.00 014662 CARDIOLOGY ASSOCIATES GY require emp medical testing:H R 360.00 000395 ECONOMIC DEVELOPMENT GY EDC qtrly bkfst 1/26:GY,CD,LW 82.11 CORP 014662 CARDIOLOGY ASSOCIATES GY required emp medical testing:H R 283.00 009720 STARBUCKS CORPORATION GY coffee:regional emerg mtg 1/25 51.80 014541 STEVE'S TOWING, INC GW towing svc: MPSC bus for repairs 300.00 006952 PAYPAL GW Verisign Payflow Pro Transaction 59.95 000395 ECONOMIC DEVELOPMENT GW Jan qtrly bkfst: Cardenas, R 27.37 2,624.50 CORP 150394 02/16/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150395 02/16/2012 010326 G E MOBILE WATER, INC Jan power washer maint: Stn 73 Jan power washer rent: Stn 73 Jan power washer exchg: Stn 73 150396 02/16/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Temecula Live! 1/27 & 1/28 50.00 50.00 59.00 25.86 63.58 148.44 3,888.82 3,888.82 Pages apChkLst Final Check List Page: 4 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150397 02/16/2012 012066 GEOCON WEST, INC Jan geotech svcs:roripaugh ranch 5,087.50 5,087.50 150398 02/16/2012 000177 GLENN IES OFFICE PRODUCTS Office Supplies: Fire 129.26 INC Office Supplies: Fire 865.54 150399 02/16/2012 004890 GOLDEN STATE FIRE Sprinkler Certification: Stn 92 600.00 PROTECTION 150400 02/16/2012 003792 GRAINGER Emergency Supplies: Fire Emergency supplies: Fire Emergeny Supplies: Fire 150401 02/16/2012 014658 GREAT OAK ACADEMIC refund:sec dep:soccer fields PHBSP 599.85 94.84 181.05 1,000.00 994.80 600.00 875.74 1,000.00 150402 02/16/2012 001517 HORIZON HEALTH JAN EAP SVCS: HUMAN RESOURCES 668.80 credit billing adj: Jan total 151 -4.40 664.40 150403 02/16/2012 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,331.22 6,331.22 303355 150404 02/16/2012 003296 INTL CODE COUNCIL '10 CA Bldg/Fire Tabs: Fire 29.86 29.86 150405 02/16/2012 014282 KATZ, HOWARD L refund:sec dep:rm rental:Harveston 200.00 200.00 150406 02/16/2012 000209 L & M FERTILIZER INC equipment repair: Stn 92 46.12 46.12 150407 02/16/2012 003726 LIFE ASSIST INC Medical supplies: Paramedics 153.66 Medical supplies: Paramedics 187.61 Medical supplies: Paramedics 499.62 Medical supplies: Paramedics 292.79 Medical supplies: Paramedics 70.30 Medical supplies: Paramedics 331.97 1,535.95 150408 02/16/2012 014659 LIGHT OF FAITH refund:sec dep:rm rental:TCC 150.00 150.00 150409 02/16/2012 013769 LIGHTSQUARED LP JAN SATELLITE PHONE SVC: FIRE/CM 149.30 149.30 150410 02/16/2012 009263 LOWES HIW INC Lighting Repair: Stn 73 504.38 504.38 150411 02/16/2012 010953 M E I RESEARCH Equipment maint: Sta 12 105.60 105.60 CORPORATION 150412 02/16/2012 003782 MAIN STREET SIGNS Signage:police DUI checkpoint pgnn 651.67 651.67 Page4 apChkLst Final Check List Page: 5 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150413 02/16/2012 014392 MC COLLOUGH, JILL DENISE Jan plant rental & maint:library 200.00 Jan plant rental & maint:civic ctr 150414 02/16/2012 010728 MCKNIGHT, ELINOR PINKSTON Entertainment:history museum 2/16 150415 02/16/2012 005887 MOFFATT & NICHOL ENGINEERS 11/27-12/31 ENG SRVCS:FRENCH VLY PKWY 525.00 725.00 500.00 500.00 3,202.46 3,202.46 150416 02/16/2012 002925 NAPA AUTO PARTS MISC AUTO SUPPLIES:PW MAINT 67.30 67.30 150417 02/16/2012 000727 NATIONAL FIRE PROTECTION ann'I subscr:Fire Codes id# 2508570 921.27 921.27 ASSN 150418 02/16/2012 008820 NEIGHBORS NEWSPAPER Feb advertising:2012 bluegrass fest 250.00 250.00 150419 02/16/2012 002139 NORTH COUNTY TIMES Jan advertising:Temecula Presents Jan recruitment advertising:HR Jan advertising:Wnterfest in Old Town 150420 02/16/2012 002139 NORTH COUNTY TIMES Jan newspapersubscr:MPSC 508.03 385.95 145.15 1,039.13 28.60 28.60 150421 02/16/2012 003964 OFFICE DEPOT BUSINESS SVS PRINTING SRVCS:FINANCE DEPT 107.66 DIV Shelving:records transfer room 488.66 596.32 150422 02/16/2012 002105 OLD TOWN TIRE &SERVICE CITY VEHICLE MAINT SVCS:PW MAINT 720.21 CITYVEHICLE MAINTSVCS:PW MAINT 378.24 1,098.45 150423 02/16/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 290.92 290.92 150424 02/16/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Police 52.63 52.63 150425 02/16/2012 005656 P A P A Cucamonga Sem 3/6 K.Harrington 80.00 80.00 150426 02/16/2012 000249 PETTY CASH Petty Cash Reimbursement 352.04 352.04 150427 02/16/2012 000254 PRESS ENTERPRISE Jan recruitment advertising:HR 446.10 446.10 COMPANY INC 150428 02/16/2012 012904 PRO ACTIVE FIRE DESIGN Jan plan check srvcs:Fire Prev 5,513.03 5,513.03 150429 02/16/2012 005075 PRUDENTIAL OVERALL Jan uniform/flr matftwt rental:citywide 1,022.96 SUPPLY Uniforms:TCSD/PW Divisions 1,784.90 2,807.86 Pages apChkLst Final Check List Page: 6 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150430 02/16/2012 004457 R J NOBLE COMPANY 150431 02/16/2012 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total Dec const:pavement rehab winchester rd 201,707.82 Credit:billing adjustment/wnchstr rd -33,123.96 168,583.86 Jan water meters:41951 Moraga Rd 260.13 Jan var water meters:40135 Village Rd Jan DC meter:Landings Rd Jan var water meters:Calle Elenita Jan var water meters:TCSD svc lev C 150432 02/16/2012 002654 RANCHO FORD LINCOLN commercial veh key:police MERCURY 150433 02/16/2012 000947 RANCHO REPROGRAPHICS Reprographic srvcs:F. V. Parkway, Ph I 150434 02/16/2012 000271 RBF CONSULTING 150435 02/16/2012 002110 RENTAL SERVICE CORPORATION 150436 02/16/2012 002412 RICHARDS WATSON & GERSHON 150437 02/16/2012 000418 RIVERSIDE CO CLERK & RECORDER 150438 02/16/2012 000418 RIVERSIDE CO CLERK & RECORDER 150439 02/16/2012 003698 RIVERSIDE CO ECONOMIC 150440 02/16/2012 000406 RIVERSIDE CO SHERIFFS DEPT 150441 02/16/2012 014661 RIVERSIDE COUNTY TREASURER 150442 02/16/2012 000278 SAN DIEGO UNION TRIBUNE 150443 02/16/2012 011743 SEGWAY OF PACIFIC BEACH 53.14 15.85 31.95 3,696.88 4,057.95 149.93 149.93 81.89 81.89 Dec centerline monuments:Winchester Rd 1,755.00 Oct EIR: temecula creek inn 25,082.50 DEC ENG SRVCS: I-15/SR-79 ULT. INTRC 1,721.66 28,559.16 EQUIP RENTAL & MAINT:PW MAINT 149.76 EQUIP RENTAL & MAINT:PW MAINT 445.72 595.48 Sept 2011 legal services 1,350.00 Dec 2011 legal services 16,366.24 Nov 2011 legal services 6,110.00 Nov 2011 legal services 29,453.03 Dec 2011 legal services 3,285.00 56,564.27 Filing fee:Dev. Code Amend. LR11-0007 64.00 64.00 Ntc filing fee:Citywide pavement rehab 64.00 64.00 Real property srvcs:french vly pkwy 5,091.66 5,091.66 10/20/11-11/16/11:law enforcement 1,381,111.29 1,381,111.29 refund:sec dep:rm rental:CRC 150.00 150.00 Jan recruitment advertising:HR 432.70 432.70 Batteries for Segway equip:police 4,062.61 4,062.61 Pages apChkLst Final Check List Page: 7 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150444 02/16/2012 001919 SENIOR CITIZENS SERVICE CDBG reimbursement 7,878.00 7,878.00 CENTER 150445 02/16/2012 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 150446 02/16/2012 008529 SHERIFFS CIVIL DIV- Support Payment 100.00 100.00 CENTRAL 150447 02/16/2012 014657 SO CAL MILLWORK INC. refund:overpd bus lic #007216 15.00 15.00 150448 02/16/2012 000537 SO CALIF EDISON Jan 2-31-419-2659:26706 Ynez TC1 Feb 2-01-202-7330:var LS -1 Allnite Jan 2-01-202-7603:var LS -1 Allnite Feb 2-33-777-1950:40135 Village Rd Jan 2-26-887-0789:40233 Village Rd Jan 2-30-608-9384:28582 Harveston Jan 2-28-171-2620:40820 Winchester Feb 2-33-237-4818:30499 Rancho Cal 123.98 76,187.90 27,820.67 208.59 1,467.10 447.61 642.52 90.28 106,988.65 150449 02/16/2012 002015 STAR WAY PRODUCTIONS audio srvcs:old town new years event 400.00 400.00 150450 02/16/2012 008023 STATER BROTHERS MARKETS Misc supplies:dinnerw/FF pgrm 1/27 149.51 149.51 150451 02/16/2012 006145 STENO SOLUTIONS Jan transcription srvcs:Police 528.08 528.08 TRANSCRIPTION 150452 02/16/2012 014655 SUPERIOR COURT OF CN:10E11492 Grady Champion 1,800.00 CALIFORNIA CA non-resident withholding 7% -126.00 1,674.00 150453 02/16/2012 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 2.79 2.79 C/O 150454 02/16/2012 010046 TEMECULA VALLEY Dec '11 Bus. Impry District Asmnts 74,460.30 74,460.30 CONVENTION & 150455 02/16/2012 003067 TEMECULA VALLEY R V TRAILER REPAIR: STA 84 949.99 949.99 SERVICE 150456 02/16/2012 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:skate park 145.00 145.00 CENTR 150457 02/16/2012 003941 TEMECULA WINNELSON Plumbing supplies:library 148.34 148.34 COMPANY 150458 02/16/2012 010276 TIME WARNER CABLE Feb high speed internet:30600 Pauba 522.35 Feb high speed internet:32364 Overland 44.95 567.30 Page:7 apChkLst Final Check List Page: 8 02/16/2012 4:14:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150459 02/16/2012 000319 TOMARK SPORTS INC 150460 02/16/2012 007433 TOVEY SHULTZ CONSTRUCTION INC 150461 02/16/2012 005460 U S BANK 150462 02/16/2012 014413 U.S. DEPARTMENT OF EDUCATION 150463 02/16/2012 007766 UNDERGROUND SERVICE ALERT 150464 02/16/2012 000325 UNITED WAY 150465 02/16/2012 012549 UPODIUM 150466 02/16/2012 004789 VERIZON 150467 02/16/2012 004848 VERIZON SELECT SERVICES INC 150468 02/16/2012 010399 VOLKER LUTZ ENTERPRISE INC 150469 02/16/2012 003730 WEST COAST ARBORISTS INC 150470 02/16/2012 000230 WILLDAN FINANCIAL SERVICES 150471 02/16/2012 005935 WOODSIDE, SCOTT Description Amount Paid Check Total Var equipment:sports pgrm Dec prgs pmt:Roripaugh Ranch Fire Stn Trustee admin fees:'06 RDA bonds SUPPORT PAYMENT Jan undrgmd svcs alert tickets:PW United Way Charities Payment Veh maint supplies:Fire Sta 73 Veh maint supplies: Sta 12 Feb Internet svcs:Th eater Jan long distance phone svcs Jan long distance phone svcs refreshments:EDC mtg 2/16/12 Tree installations:vineyards/vail ranch Tree trimming & removal srvcs:ridgeview Tree trimming/removal:campos verdes Tree trimming srvcs:tradewinds Tree trimming:vintage hills slopes Trim (25) trees:senior center Jan -Mar assessment admin srvcs:csd refund:sec dep:rm rental:CRC 2,241.36 6,945.22 4,825.00 241.75 235.50 51.00 111.52 146.03 134.99 25.09 19.02 172.40 6,825.00 1,957.00 9,979.00 4,034.00 2,357.00 1,225.00 5,708.32 150.00 Grand total for UNION BANK OF CALIFORNIA: 2,241.36 6,945.22 4,825.00 241.75 235.50 51.00 257.55 134.99 44.11 172.40 26,377.00 5,708.32 150.00 6,845,884.20 Pages apChkLst Final Check List Page: 9 02/16/2012 4:14:56PM CITY OF TEMECULA 115 checks in this report. Grand Total All Checks. 6,845,884.20 Page9 apChkLst Final Check List Page: 1 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 150472 02/23/2012 012943 ALPHA MECHANICAL SERVICE HVAC maint: TCC 160.00 INC HVAC repair: theater 255.42 HVAC repair: Stn 92 200.00 615.42 150473 02/23/2012 013338 APPLE STORE prizes: '12 Teen Egg Hunt 783.71 783.71 150474 02/23/2012 014671 AURORA LOAN SERVICES cfd 88-12 reimbursement fy 08/09 201.58 201.58 150475 02/23/2012 002648 AUTO CLUB OF SOUTHERN 4/12-4/13 city memberships 1,296.00 1,296.00 CALIF 150476 02/23/2012 004040 BIG FOOT GRAPHICS TCSD instructor earnings 168.00 TCSD instructor earnings 472.50 640.50 150477 02/23/2012 014284 BLAKELY'S TRUCK SERVICE vehicle maint: PW Maint 703.58 vehicle maint: PW Maint 1,270.09 vehicle maint: PW Maint 139.96 vehicle maint: PW Maint 64.00 vehicle maint: PW Maint 128.00 vehicle maint: PW Maint 160.43 2,466.06 150478 02/23/2012 012583 BLANCA Y PRICE Jan landscape review svc:Planning 3,470.00 3,470.00 150479 02/23/2012 014329 BOOK WHOLESALERS, INC (20) BOOKS: LIBRARY (2) BOOKS: LIBRARY (4) BOOKS: LIBRARY (4) BOOKS: LIBRARY (14) BOOKS: LIBRARY (8) BOOKS: LIBRARY (21)BOOKS: LIBRARY (5) BOOKS: LIBRARY (1) BOOK: LIBRARY 150480 02/23/2012 014299 BOOKS ON TAPE (1) book on tape: Library 150481 02/23/2012 014433 BOWCON COMPANY, INC Jan const:ped/bicycle bridge 150482 02/23/2012 014210 BROWNE, BORTZ & Dec cnslt secs: RDA CODDINGTON INC 385.35 23.87 66.49 49.79 257.30 128.05 396.71 117.23 19.76 1,444.55 32.33 32.33 36,660.60 36,660.60 9,250.00 9,250.00 Pagel apChkLst Final Check List Page: 2 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150483 02/23/2012 003138 CAL MAT PW patch truck materials 1,001.64 PW patch truck materials 449.32 PW patch truck materials 82.68 PW patch truck materials 448.57 PW patch truck materials 325.61 PW patch truck materials 116.24 2,424.06 150484 02/23/2012 004248 CALIF DEPT OF JAN FINGERPRINTING 3,249.00 JUSTICE-ACCTING SVCS:POLICE/HR DUI & drug screenings: police 1,330.00 4,579.00 150485 02/23/2012 011414 CALIF PEACE OFFICER ASSN regist:douglas/saldevar pub rec cf 500.00 500.00 150486 02/23/2012 014666 CALIFORNIA AVOCADO refund:sec dep:rm rental:CRC 150.00 150.00 150487 02/23/2012 007488 CALIPER CORPORATION TransCAD planning software 1,293.00 1,293.00 150488 02/23/2012 004228 CAMERON WELDING SUPPLY welding supplies: pw maint 131.80 welding supplies: pw maint 112.33 244.13 150489 02/23/2012 014366 CASTING NEW LIVES sttlmnt:Lave Swinging f/t Heart 2/9 4,606.03 4,606.03 150490 02/23/2012 009640 CERTIFION CORPORATION Jan database subscr: police 141.05 Dec database subscr: police 150.00 291.05 150491 02/23/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,972.42 1,972.42 150492 02/23/2012 014673 CLOSTER, DARRYL AND BETH refund:sec dep:rm rental:TCC 150.00 150.00 150493 02/23/2012 003997 COAST RECREATION INC playground equip:vail ranch park 1,059.75 playground equip:serena hills park 994.26 2,054.01 150494 02/23/2012 014668 COMMUNITY ASSOCIATIONS refund:sec dep:rm rental:CRC 150.00 150.00 150495 02/23/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: Theater 106.67 DIST. misc electrical supplies: Theater 455.24 misc electrical supplies: MPSC 144.10 misc electrical supplies: CRC 192.33 898.34 150496 02/23/2012 001264 COSTCO WHOLESALE misc supplies:merchant open house 337.65 337.65 150497 02/23/2012 013379 COUSSOU, CELINE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 262.50 196.00 140.00 598.50 Page:2 apChkLst Final Check List Page: 3 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150498 02/23/2012 010650 CRAFTSMEN PLUMBING & backflow repair: civic ctrfountain HVAC INC 150499 02/23/2012 003272 DAISY WHEEL RIBBON COMPANY INC Amount Paid Check Total 162.88 162.88 plotter ink/paper supplies:Info Tech 423.07 plotter ink/paper supplies:Info Tech 904.60 plotter ink/paper supplies:Info Tech 692.50 2,020.17 150500 02/23/2012 001393 DATA TICKET, INC. refund:batch 722715 1/20/12 729.00 729.00 150501 02/23/2012 014664 DAVIDSON, DEAN refund:overpmt permit fees B11-1420 100.04 100.04 150502 02/23/2012 006150 DIALOGIC COMMUNICATIONS Reverse 911 software maint 8,500.00 CORP. Emergency ntf software maint 5,546.00 14,046.00 150503 02/23/2012 003945 DIAMOND ENVIRONMENTAL Feb restroom svc: GOHS 52.78 52.78 SRVCS 150504 02/23/2012 014621 DMP TEMECULA, LLC landscape restorations PW06-15 4,285.44 4,285.44 150505 02/23/2012 000523 EASTERN MUNICIPAL WATER insp dep median wtr svc MHS rd 22,854.58 22,854.58 DIST 150506 02/23/2012 000523 EASTERN MUNICIPAL WATER insp deposit (2) wtr svc stub outs 1,190.00 1,190.00 DIST 150507 02/23/2012 002390 EASTERN MUNICIPAL WATER Feb water meter:39656 Diego Dr 54.03 DIST Feb water rneter:39569 Seraphina Rd 54.62 108.65 150508 02/23/2012 014419 ELLIOTT, MICHAEL G. Jan landscape insp:roripaugh rnch 1,050.00 1,050.00 150509 02/23/2012 004829 ELLISON WILSON ADVOCACY Feb legislative cnslt svc: CM 3,500.00 3,500.00 LLC 150510 02/23/2012 011203 ENVIRONMENTAL CLEANING Jan restroom maint: tcsd parks Jan janitorial svcs: pd substation 5,265.00 571.86 5,836.86 Page:3 apChkLst Final Check List Page: 4 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150512 02/23/2012 001056 EXCEL LANDSCAPE Description irrigation repair: tcc landscape maint: Old Town landscape maint: rancho medians landscape maint: civic center irrigation repair: butterfield park irrigation repairs: riverton park volleyball ct maint:winchester park irrigation repair: vail ranch replace damaged sod: town square Jan landscape maint: tcsd parks Jan landscape maint: tcsd parks Jan landscape maint: medians irrigation repair: pavilion point irrigation repair: ridgeview slope Jan landscape maint: facilities Jan landscape maint:north slopes Jan landscape maint:south slopes landscape maint: harveston park 150513 02/23/2012 000478 FAST SIGNS signage: TV Museum exhibits 150514 02/23/2012 009953 FEDERAL CLEANING FEB JANITORIAL SVCS:PD MALL CONTRACTORS OFFICE 150515 02/23/2012 014393 FONSTAD, RONALD EUGENE CPR CLASS SUPPLIES: MEDICS 150516 02/23/2012 003281 FOREMOST PROMOTIONS promo items:police safety pgrm 150517 02/23/2012 011145 FOSTER, JILL C. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 150518 02/23/2012 004944 FULLCOURT PRESS business license certifcates:finance 150519 02/23/2012 007866 G C S SUPPLIES INC toner/ink cartridges:info tech toner/ink cartridges:info tech 150520 02/23/2012 011283 GABRIEL ROEDER SMITH & Jan OPEB GASB45: HR COMPANY Amount Paid Check Total 167.38 216.00 168.00 528.00 671.66 299.83 1,200.00 100.45 1,686.30 47, 825.10 50,935.88 16,469.70 152.85 221.72 9,443.13 19, 749.97 34,844.87 122.38 184,803.22 65.19 65.19 625.00 625.00 910.24 910.24 6,455.20 6,455.20 743.17 2,502.50 1,618.80 1,260.00 283.50 6,407.97 527.78 527.78 419.33 436.66 855.99 3,212.00 3,212.00 150521 02/23/2012 001937 GALLS INC silver whistles:police CAP pgrrn 436.42 436.42 Page:4 apChkLst Final Check List Page: 5 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150522 02/23/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/11 Amount Paid Check Total 392.25 392.25 150523 02/23/2012 000177 GLENNIES OFFICE PRODUCTS Office supplies: PW 306.88 INC Office Supplies: TCSD 1,753.84 Office supplies: MPSC 94.84 Office Supplies: City Clerk 90.48 OFFICE SUPPLIES: PLANNING 119.43 Office Supplies: B&S 55.09 Office supplies: HR 75.37 Office Supplies: Fire 654.13 Office Supplies: Finance 62.43 OFFICE SUPPLIES: MPSC 202.05 3,414.54 150524 02/23/2012 003792 GRAINGER facility repair/maint Stn 84 287.83 287.83 150525 02/23/2012 014634 GREAT WESTERN PARK Jan eng svcs water slide:crc pool 20,513.35 20,513.35 150526 02/23/2012 014402 GROEPPER, BROOKE TCSD instructor earnings 1,601.60 TCSD instructor earnings 1,601.60 TCSD instructor earnings 2,402.40 TCSD instructor earnings 2,395.95 8,001.55 150527 02/23/2012 005311 H2O CERTIFIED POOL WATER Jan fountain maint: town square 175.00 SPCL. Jan pool maint: CRC/TES 900.00 Jan fountain maint: civic center 500.00 1,575.00 150528 02/23/2012 008081 HALL & FOREMAN INC Oct design svcs: library pkg lot 67.34 67.34 150529 02/23/2012 004188 HARRIS & ASSOCIATES Jan const traffic control:paving 10,652.50 10,652.50 150530 02/23/2012 002109 HD SUPPLY CONSTR. SUPPLY misc supplies: pw maint 1,616.24 LTD misc supplies: pw maint 124.39 1,740.63 150531 02/23/2012 001135 HEALTHPOINTE MEDICAL employee industrial care svc:HR 160.00 160.00 GROUP INC 150532 02/23/2012 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 693.88 TCSD Instructor Earnings 175.00 TCSD Instructor Earnings 536.67 1,405.55 150533 02/23/2012 003198 HOME DEPOT, THE misc maint supplies: Civic Ctr 115.00 misc maint supplies: Theater 71.12 186.12 150534 02/23/2012 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 16.45 16.45 INC Page:5 apChkLst Final Check List Page: 6 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150535 02/23/2012 003266 IRON MOUNTAIN OFFSITE Jan offsite media storage: Records 462.79 462.79 150536 02/23/2012 014189 JOE'S RADIO SHOP radio repeater: pd mall office 2,981.42 2,981.42 150537 02/23/2012 014387 KASA CONSTRUCTION, INC ret w/h Jan const marg rd -2,144.49 Jan const:marg rd enchancement 21,444.94 19,300.45 150538 02/23/2012 007188 LAERDAL MEDICAL CORP. CPR class supplies: Medics 1,791.83 1,791.83 150539 02/23/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 220.50 TCSD instructor earnings 840.00 TCSD instructor earnings 168.00 TCSD instructor earnings 693.00 TCSD instructor earnings 728.00 2,649.50 150540 02/23/2012 003726 LIFE ASSIST INC medical supplies: Paramedics 12.31 12.31 150541 02/23/2012 014667 MARTINEZ, SONIA refund:sec dep:rm rental:CRC 535.00 535.00 150542 02/23/2012 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 294.00 TCSD Instructor Earnings 1,050.00 1,848.00 150543 02/23/2012 001868 MIYAMOTO-JURKOSKY, SUSAN Piano page turning srvcs: theater 2/11 90.00 90.00 A. 150544 02/23/2012 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 150545 02/23/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 150546 02/23/2012 013198 ORTENZO-HAYES, KRISTINE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 150547 02/23/2012 014669 PEARSON, MARINA refund:sec dep:rm rental:TCC 280.00 525.00 490.00 210.00 775.06 279.30 319.20 319.20 405.65 672.00 336.00 84.00 252.00 1,505.00 775.06 2,667.35 150.00 150.00 Page:6 apChkLst 02/23/2012 4:19:44PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 150548 02/23/2012 013381 PEREZ, AARON TROY 150549 02/23/2012 013115 PETERSON NUGENT, KRISTIN 150550 02/23/2012 001999 PITNEY BOWES 150551 02/23/2012 000262 RANCHO CALIF WATER DISTRICT 150552 02/23/2012 009725 RAZAVI, MANDIS 150553 02/23/2012 000271 RBF CONSULTING 150554 02/23/2012 002412 RICHARDS WATSON & GERSHON 150555 02/23/2012 014672 RICHARDSON, DANA 150556 02/23/2012 014647 SMITH, CORINA 150557 02/23/2012 000537 SO CALIF EDISON 150558 02/23/2012 000519 SOUTH COUNTY PEST CONTROL INC 150559 02/23/2012 014665 STAR WAY SYSTEMS CORPORATION 150560 02/23/2012 011736 TEMECULA TROPHY INC 150561 02/23/2012 010276 TIME WARNER CABLE 150562 02/23/2012 014670 VALLE, MARISOL 150563 02/23/2012 004261 VERIZON (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 3/16-6/15 postage meter rental: Fire Feb water meters:30875 Rancho vista Feb var water meters:30650 Pauba Rd Feb D.C. meter:30650 Pauba Rd Feb var water meters:TCSD svc lev C Feb var water meters: TCSD & PW TCSD Instructor Earnings Nov El R: temecula creek inn Aug -Sept 2011 legal services refund:end grad dep:LD11-042GR refund:sec dep:rm rental:TCC Jan 2-30-296-9522:31035 Rancho vista Jan 2-31-693-9784:26036 Ynez TC1 Jan 2-29-974-7568:26953 Ynez TC1 Jan 2-00-397-5059:Comm Svc UTL Jan pest control srvcs:city fac's AUDIO/VISUAL EQUIP:INFO TECH Council Chambers name plate: D.Caram Feb high speed intemet:32211 Wolfvly refund:sec dep:rm rental:Harveston Feb 7oac-0073 general usage Amount Paid Check Total 280.00 665.00 109.20 436.80 92.93 426.60 150.98 15.31 3,932.80 956.62 784.00 27,951.83 1,200.00 8,452.00 150.00 444.68 400.70 123.86 6,267.56 906.00 206.49 21.55 102.17 200.00 945.00 546.00 92.93 5,482.31 784.00 27,951.83 1,200.00 8,452.00 150.00 7,236.80 906.00 206.49 21.55 102.17 200.00 90.74 90.74 Page:7 apChkLst Final Check List Page: 8 02/23/2012 4:19:44PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150564 02/23/2012 004789 VERIZON Feb Internet svcs: Civic Center 269.99 269.99 150565 02/23/2012 003730 WEST COAST ARBORISTS INC Trees fortemecula grant:var sites 14,175.00 14,175.00 150566 02/23/2012 000348 ZIGLER, GAIL Reimb expenses:var. events 297.34 297.34 Grand total for UNION BANK OF CALIFORNIA: 489,636.32 Page:8 apChkLst Final Check List Page: 9 02/23/2012 4:19:44PM CITY OF TEMECULA 94 checks in this report. Grand Total All Checks: 489,636.32 Page:9 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: March 13, 2012 SUBJECT: City Treasurer's Report as of January 31, 2012 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of January 31, 2012. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of January 31, 2012. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of January 31, 2012 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary January 31, 2012 Market Value Book %of Value Portfolio Ter m City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 355 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 60,903,625.42 4,1 74,239.40 1.00 44,821,541.68 16,000,000.00 17,000,000.00 142,899,407.50 60,903,625.42 4,1 74,239.40 1.00 44,887,069.67 16,1 94,640.00 17,1 86,960.00 60,903,62542 4,1 74,239.40 1.00 44,821,541.68 16,000,000.00 16,988,750.00 42.62 2.92 0.00 31.3 7 11.20 11.89 143, 3 46, 535.49 142,888,157.50 100.00% 1 1 1 1 1,444 1,231 1 1 1 1 990 828 0.218 0.000 0.000 0.380 1.851 1.3 05 0.221 0.000 0.000 0.385 1.877 1.3 23 309 210 0.574 0.582 Cash Passbook/Checking (not included in yield calculations) Tot al Cash and Investments 828,236.05 143,727,643.55 828,236.05 828,236.05 144,174,771.54 1 43,71 6,393.55 0.000 0.000 309 210 0.574 0.582 Total Earnings January3l Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 69,598.50 139,786,861.02 0.59% Reporting period 01;0112012-01;31;2012 Run Date: 02/28/2012 -18:38 590,122.58 141, 500,257.58 0.71 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2012 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 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 761.15 761.15 761.15 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 630,355.63 630,355.63 630,355.63 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 02128!2012 - 16:38 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2012 Page 3 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 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 363,318.13 363,318.13 363,318.13 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,279.60 209,279.60 209,279.60 0.000 0.000 1 107886026-2 RDA 07RES2 First American Treasury 1,111,032.42 1,111,032.42 1,111,032.42 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 1,269,700.19 1,269,700.19 1,269,700.19 0.000 0.000 1 SYSRDA 1 OA CIP2 RDA 1 OA CIP2 First American Treasury 07/01/2011 19,945.28 19,945.28 19,945.28 0.000 0.000 1 136343001-2 RDA 10A -INTI First American Treasury 07/28/2011 0.00 0.00 0.00 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2011 2,060,884.39 2,060,884.39 2,060,884.39 0.000 0.000 1 136343000-1 RDA 10B-INT1 First American Treasury 07/01/2011 502,797.40 502,797.40 502,797.40 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,443.73 440,443.73 440,443.73 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,754.64 202,754.64 202,754.64 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 81,538.55 81,538.55 81,538.55 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,124.42 15,124.42 15,124.42 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 388.84 388.84 388.84 0.010 0.010 0.010 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 864,010.33 864,010.33 864,010.33 0.010 0.010 0.010 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 222,978.48 222,978.48 222,978.48 0.010 0.010 0.010 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 91,364.26 91,364.26 91,364.26 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 337,918.15 337,918.15 337,918.15 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 46,014.91 46,014.91 46,014.91 0.010 0.010 0.010 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 6,079.72 6,079.72 6,079.72 0.010 0.010 0.010 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,190.44 5,190.44 5,190.44 0.010 0.010 0.010 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 141,922.70 141,922.70 141,922.70 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 397.90 397.90 397.90 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.07 368.07 368.07 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 79,415.35 79,415.35 79,415.35 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,143.77 1,143.77 1,143.77 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,171,397.28 2,171,397.28 2,171,397.28 0.010 0.010 0.010 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 41,974.53 41,974.53 41,974.53 0.010 0.010 0.010 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,516.38 5,516.38 5,516.38 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 11,010.03 11,010.03 11,010.03 0.010 0.010 0.010 1 Run Date: 02/28/2012 - 16:38 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2012 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 Managed Pool Accounts 94686005-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond SYS95453516-1 95453516-1 USBANK Subtotal and Average 56,597,333.52 73,010.16 73,010.16 73,010.16 0.010 0.010 0.010 1 333,525.06 333,525.06 333,525.06 0.010 0.010 0.010 1 07/27/2011 555,997.38 555,997.38 555,997.38 0.010 0.010 0.010 1 1,308,474.28 1,308,474.28 1,308,474.28 0.010 0.010 0.010 1 13,123,596.80 13,123,596.80 13,123,596.80 0.010 0.010 0.010 1 0.00 0.00 0.00 0.020 0.020 0.020 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 28,881,959.26 28,881,959.26 28,881,959.26 0.385 0.380 0.385 1 1,570,988.62 1,570,988.62 1,570,988.62 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 290,154.07 290,154.07 290,154.07 0.385 0.380 0.385 1 3,628,776.10 3,628,776.10 3,628,776.10 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 0.00 0.00 0.00 0.385 0.380 0.385 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 60,903,625.42 60,903,625.42 60,903,625.42 0.218 0.221 1 Retention Escrow Account 194012308-16 SYSPI aza Prtnr RJ NOBLE PI aza Prtnr Bank of Sacramento Wells Fargo Bank Subtotal and Average 4,174,146.62 12/01/2011 174,239.40 174,239.40 174,239.40 0.000 0.000 1 01/01/2012 4,000,000.00 4,000,000.00 4,000,000.00 0.000 0.000 1 4,174,239.40 4,174,239.40 4,174,239.40 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2011 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94 669 91 1-1 94669921-1 744727011-1 Run Date: 02/28/2012 - 16:38 03-1 ACQ A2 03-1 ACQ B2 03-3 ACQ 2 CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun 315,450.46 3,907,217.29 932,946.27 315,450.46 3,907,217.29 932,946.27 315,450.46 0.385 0.380 0.385 1 3,907,217.29 0.385 0.380 0.385 1 932,946.27 0.385 0.380 0.385 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2012 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 Local Agency Investment Funds 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.385 0.380 0.365 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.385 0.380 0.385 1 SYSCITY CITY CA Local Agency Investment Fun 16,376,252.30 16,403,305.62 16,376,252.30 0.385 0.380 0.365 1 SYSRDA RDA CA Local Agency Investment Fun 0.00 0.00 0.00 0.385 0.380 0.385 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.385 0.380 0.365 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.365 0.360 0.385 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.385 0.380 0.365 1 SYSTCSD TCSD CA Local Agency Investment Fun 23,289,675.36 23,328,149.83 23,289,675.36 0.365 0.380 0.365 1 Subtotal and Average 40,052,507.76 44,821,541.68 44,887,069.67 44,821,541.68 0.380 0.385 1 Federal Agency Callable Securities 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 1,002,480.00 1,000,000.00 1.050 1.036 1.050 877 06/27/2014 313372NX8 01165 Federal Horne Loan Bank 02/28/2011 1,000,000.00 1,001,240.00 1,000,000.00 2.000 1.973 2.000 1,031 11/28/2014 313372VP6 01167 Federal Home Loan Bank 03/23/2011 1,000,000.00 1,001,470.00 1,000,000.00 1.250 1.233 1.250 691 12/23/2013 3134G1Y65 01162 Federal Horne Loan Mtg Corp 01/25/2011 1,000,000.00 1,005,450.00 1,000,000.00 1.500 1.479 1.500 905 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 1,000,220.00 1,000,000.00 1.650 1.627 1.650 919 08/08/2014 3134G2NK4 01170 Federal Horne Loan Mtg Corp 07/11/2011 1,000,000.00 1,002,440.00 1,000,000.00 1.125 1.110 1.125 891 07/11/2014 3134G2RX2 01173 Federal Horne Loan Mtg Corp 07/25/2011 1,000,000.00 1,002,590.00 1,000,000.00 1.200 1.184 1.200 905 07/25/2014 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,007,110.00 1,000,000.00 1.400 1.361 1.400 1,773 12/09/2016 3134G3CL2 01181 Federal Horne Loan Mtg Corp 12/16/2011 1,000,000.00 1,003,290.00 1,000,000.00 1.000 0.986 1.000 1,231 06/16/2015 3136F9CB7 01086 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,063,800.00 2,000,000.00 4.000 3.945 4.000 404 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,043,470.00 1,000,000.00 4.000 3.945 4.000 420 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,005,640.00 1,000,000.00 1.125 1.110 1.125 1,036 12/03/2014 3136FRZQ9 01171 Federal National Mtg Assn 07/20/2011 1,000,000.00 1,003,640.00 1,000,000.00 1.250 1.233 1.250 992 10/20/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,021,560.00 1,000,000.00 2.125 2.096 2.125 1,633 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,010,240.00 1,000,000.00 1.350 1.332 1.350 1,727 10/24/2016 Subtotal and Average 16,741,935.48 16,000,000.00 16,194,640.00 16,000,000.00 1.851 1.877 990 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,028,770.00 997,500.00 2.250 2.264 2.316 544 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,019,300.00 1,000,000.00 2.150 2.121 2.150 369 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,009,230.00 1,000,000.00 1.550 1.529 1.550 257 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,020,610.00 1,000,000.00 1.375 1.356 1.375 740 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,011,800.00 1,000,000.00 0.875 0.863 0.875 912 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,014,580.00 1,000,000.00 1.300 1.282 1.300 1,709 10/06/2016 31331KK56 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,010,770.00 1,000,000.00 1.050 1.036 1.050 1,363 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,007,410.00 1,000,000.00 0.970 0.957 0.970 1,391 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,000,190.00 1,000,000.00 0.500 0.493 0.500 667 11/29/2013 Run Date: 02/28/2012 - 16:38 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2012 Page 6 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 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,008,300.00 1,000,000.00 1.000 0.986 1.000 1,407 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,001,810.00 1,000,000.00 0.850 0.838 0.850 1,448 01/19/2016 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,007,800.00 1,000,000.00 2.250 2.219 2.250 131 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,011,630.00 1,000,000.00 1.625 1.603 1.625 294 11/21/2012 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,012,580.00 1,000,000.00 1.125 1.110 1.125 590 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,014,130.00 1,000,000.00 1.000 0.986 1.000 964 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 999,550.00 1,000,000.00 0.520 0.513 0.520 1,087 01/23/2015 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,008,500.00 991,250.00 1.750 2.024 2.052 191 08/10/2012 Subtotal and Average 16,408,104.84 17,000,000.00 17,186,960.00 16,988,750.00 1.305 1.323 828 Run Date: 02/28/2012 - 16:38 Total and Average 139,786,861.02 142,899,407.50 143,346,535.49 142,888,157.50 0.574 0.582 210 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash January 31, 2012 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2011 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2011 31,974.96 31,974.96 31,974.96 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 785,397.42 785,397.42 785,397.42 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2011 8,053.67 8,053.67 8,053.67 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 139,786,861.02 Run Date: 02/28/2012 - 16:38 143, 727,643.55 144,174,771.54 143,716,393.55 0.574 0.582 210 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund No. 001 100 120 150 165 170 190 192 194 195 196 197 210 273 275 277 280 300 310 320 330 340 370 375 380 390 395 460 472 473 474 475 476 477 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 CITY OF TEMECULA Through January 2012 Fund Name GENERAL FUND STATE GAS TAX FUND DEVELOPMENT IMPACT FUND AB 2766 FUND RDA AFFORDABLE HOUSING 20% SET ASIDE MEASURE A FUND TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL "D" REFUSE/RECYCLING TCSD SERVICE LEVEL "R" STREET/ROAD MAINT TCSD SERVICE LEVEL "L" LAKE PARK MAINT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJECT FUND CFD 03-1 CROWNE HILL IMPROVEMENT FUND CFD 03-3 WOLF CREEK IMPROVEMENT FUND CFD-RORIPAUGH REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES AND EQUIPMENT FUND INFORMATION TECHNOLOGY SUPPORT SERVICES FACILITIES CITY 2008 COP'S DEBT SERVICE SUMMER YOUTH EMPLOYMENT PROGRAM RDA DEBT SERVICE FUND TCSD 2001 COP'S DEBT SERVICE 2011 FINANCING LEASE 2001 & 2008 COPS CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON A&B DEBT SERVICE CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND CFD 03-02 RORIPAUGH DEBT SERVICE FUND SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2 WINCHESTER CREEK 3 RANCHO HIGHLANDS 4 THE VINEYARDS 5 SIGNET SERIES 6 WOODCREST COUNTRY 7 RIDGEVIEW 8 VILLAGE GROVE 9 RANCHO SOLANA 10 MARTINIQUE 11 MEADOWVIEW 12 VINTAGE HILLS 1 3 PRESLEY DEVELOP 14 MORRISON HOMES 15 BARCLAY ESTATES 16 TRADEWINDS 17 MONTE VISTA 18TEMEKU HILLS 19CHANTEMAR 20 CROWNE HILL 21 VAIL RANCH 22 SUTTON PLACE 23 PHEASENT RUN 24 HARVESTON 25 SERENA HILLS 26 GALLERYTRADITION 27 AVONDALE 28 WOLF CREEK 29 GALLERY PORTRAIT 30 FUTURE ZONES Fund Total $ 28,401,075.34 1,753,645.10 5,586,006.70 191,846.00 24,294,619.29 6,479,102.27 1,564,268.88 229,986.73 3,262,905.68 7,993.41 254,419.88 302,861.45 13,302,670.59 4,238,181.01 974,920.80 30,465,361.81 742,31 1.72 631,774.18 1,118,881.66 638,186.97 392,324.81 282,420.67 761.15 18,003.37 2,243,078.74 9.31 10,01 5.30 84,845.78 1,321,648.95 1,749,097.84 150,859.26 3,896,530.44 727,718.25 7,441,320.56 19,901.28 57,115.55 43,206.03 3,451.17 18,522.78 12,007.73 7,780.24 67,529.92 13,785.44 6,535.68 1,471.31 42,344.06 16,242.81 6,943.84 4,439.53 77,738.92 957.72 46,583.42 70,542.45 182,651.09 156,958.00 2,015.11 10,816.01 206,663.42 30,966.91 744.94 8,132.39 260,981.20 5,153.37 32,935.32 Grand Total $ 144 174 771 54 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning & Development DATE: March 13, 2012 SUBJECT: First Amendment to Agreement for Consulting Services between the City of Temecula and RBF Consulting for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan PREPARED BY: Matt Peters, Associate Planner RECOMMENDATION: Approve a First Amendment to Agreement for Consultant Services with RBF Consulting in the amount of $60,500 for additional consulting services in the preparation of an EIR for the Temecula Creek Inn Specific Plan. BACKGROUND: The Temecula Creek Inn currently consists of a 27 -hole golf course, 128 hotel rooms, a conference room, and a restaurant/clubhouse. The Temecula Creek Inn Specific Plan proposes five Planning Areas. Planning Area 1 includes an expansion of the existing hotel and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Area 1 also includes an option for 126 Active Adult units to replace existing hotel rooms. Planning Areas 2- 4 include a maximum of 409 single-family and multi -family residential units ranging in size from 1,600 to 4,300 square feet. Planning Area 5 maintains 18 -holes of the existing 27 -hole golf course as a championship golf course. The development is on 305 acres located at 44501 Rainbow Canyon Road in the City of Temecula. The City Council approved an agreement for consulting services with RBF Consulting for preparation of an EIR on September 27, 2011. The amendment is required to cover additional costs associated with EIR traffic modeling work, additional cultural resources tasks, and additional meeting/management/coordination costs associated with these efforts. The First Amendment to Agreement in the amount of $60,500 results in a total agreement of $328,750. FISCAL IMPACT: None. All fees associated with the EIR contract will be paid by the applicant to cover the costs of the agreement. ATTACHMENTS: First Amendment to Agreement for Consulting Services FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RBF CONSULTING TEMECULA CREEK INN ENVIRONMENTAL IMPACT REPORT THIS FIRST AMENDMENT is made and entered into as of March 13, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On September 27, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Consulting Services", in the amount of $268,250. b. The parties now desire to add scope of work, extend the term of the agreement to March 13, 2013, increase the payment in the amount of $60,500, 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 March 13, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Sixty Thousand Five Hundred Dollars ($60,500), for additional consulting services for a total Agreement amount of Three Hundred Twenty -Eight Thousand Seven Hundred Fifty Dollars ($328,750). 4. Exhibit "B" 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 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: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Michael A. Tylman, Senior Vice -President Kevin Thomas, Vice President RBF Consulting Attn: Kevin Thomas 40810 County Center Dr., Suite 100 Temecula, CA92591 951-506-2074 951-676-7240 Fax Number KTHOMAS@RBF.com 2 PM Initials: D B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 CONSULTING 1 <_> Company MEMORAN To: Matt Peters, City of Temecula From: Kevin Thomas, RBF Consulting Date: February 22, 2012 Subject: Temecula Creek Inn Specific Plan EIR - Request for Contract Amendment No. 1 (Revision No. 3) Summary of request - Contract Amendment No. 1 RBF Consulting has provided the following contract amendment estimate of $60,500 to address additional tasks that are not included in our current Agreement. This task primarily relate to additional EIR traffic modeling work, additional cultural resources tasks, and additional meeting/management/coordination costs associated with these efforts. Contract Amendment No. 1 Request This Contract Amendment has seven components: Task A - Fehr & Peers Traffic Modeling Task B - Additional Traffic Coordination Task C - Supplemental TIA Analysis for Additional Future Scenarios Task D - Additional TIA Review/Revisions with City Staff Task E - Additional Work retaliated to TIA Supplement Task F - Additional Cultural Resources Tasks Task G - EIR Project Management and Meetings Task H - Partial Administrative Draft EIR Submittal Task 1 - Phase II Cultural Resources Investigation TAFFIC (TIA) RELATED TASKS Following approval of RBF's Agreement, RBF initialed discussions with City staff to obtain concurrence on the TIA Scoping Agreement. During this process, City staff requested additional scope of work items not currently included in our Agreement. These primarily relate to additional traffic modeling scenarios described further below. • Cost Savings: In addition to the tasks noted below, RBF expended additional time for certain tasks for which we are not seeking reimbursement. These tasks included additional raw traffic counts (due to assumed existing count data being determined as inadequate by City staff), and additional cumulative traffic forecast analysis (providing both an ambient growth rate and using manual distribution of cumulative projects, to be highly conservative, as requested by staff). PLANNING DESIGN CONSTRUCTION 40810 Country Center Drive, Suite 100, Temecula, CA 92591-6022 ® 951.676.8042 ® FAX 951.676.7240 Offices located throughout California, Arizona & Nevada o www.RBF.com Temecula Creek Inn SP8)8-Contract Amendment No. l February 22, 2012 Page 2 of 9 &- Fehr & Peers Traffic Modeling RBP'sAgreement provides for modeling one future scenario (General Plan buildout) in the with and without" project conditions, for both AM and PM peak hours, requiring four separate model runs. City staff requested that RBF also evaluate a General Plan scenario without the "Eastern Bypass" due to a variety of concerns with the alignment's feasibility and timing (with and without the Project, for AM and PM peak hours). City staff also requested RBF evaluate a partial configuration for the Eastern Bypass (with and without the Project, for AM and PM peak hours). Therefore, this increases the future scenarios from one to three and the associated model runs from four to twelve. Task Al: Fehr & Peers will perform model runs of the RivTAM model for the following four additional scenarios (each of which requires an AM and PM peak hour model ruri): Future Year (2035) Model without Eastern Bypass without pjnct Future Year (2035) Model without Eastern Bypass with project Future Year (2035) Model with Eastern Bypass spur (between 1'I5 and Rainbow Canyon Road) without project Future Year (2035) Model with Eastern Bypass spur (between 1'I5 and Rainbow Canyon Road) with project The RivTAM roadway network will be modified for each scenario to model the Eastern Bypass accordingly. No other modifications will be made to the RivTAM model roadway network. The proposed project land use will be added to the model under the 'with project Task A2: Fehr & Peers will utilize model outputs from the four model runs described in Task IA to perform future year forecasts for each scenario. Methodologies consistent with NCHRP 365 will be utilized to produce future year forecasts. AM and PM peak hour turning movement forecast will be developed at the following nine intersections: 1-15 SB Ramps at Temecula Pkwy 1-15 NB Ramps at Temecula Pkwy Bedford Ct at Temecula Pkwy La Paz Rd at Temecula Pkwy Pechanga Pkwy at Temecula Pkwy Jedediah Smith Rd at Temecula Pkwy Rainbow Canyon Rd at Pechanga Pkwy Rainbow Canyon Rd at Golf Resort Driveway Muirfleld Dr at Pechanga Pkwy Additionally, daily roadway segment forecasts will also be developed at the following eight locations: Ternecula Pkwy: east of Jedediah Smith Rd Temecula Pkwy: between 1-15 NB Ramps and Bedford Ct Temecula Pkwy: between Bedford Ct and La Paz Rd Temecula Pkwy: between La Paz Rd and Pechanga Pkwy Temecula Pkwy: between Pechanga Pkwy and Jedediah Srnith Rd Pechanga Pkwy: between Temecula Pkwy and Rainbow Canyon Rd Rainbow Canyon Rd: between Pechanga Pkwy and Golf Resort Driveway Temecula Creek Inn SP EIR - Contract Amendment No. 1 February 22, 2012 Page 3 of 9 Pechanga Pkwy: between Rainbow Canyon Rd and Loma Linda Rd It is assumed that existing count data is available at all forecasted locations and will be provided for use in the forecasting efforts. Task A3: Fehr & Peers will document the forecasting results in a brief technical memorandum. As part of the memo, the forecasted intersection and roadway segment volumes will be provided. Fehr & Peers will complete their services within approximately two weeks after receipt of a signed copy of the contract. The tasks will be considered 100% complete at the time of submittal. At this time, no project meetings are anticipated for Tasks IA, IB, or IC. Any meetings, additional counts, or changes in scope of work will be subject to additional compensation (refer to Contingency task below). Total Cost for Task A = $6,000 B - Additional Traffic Coordination Bob Matson of RBF Consulting, under direction of the City traffic engineer, was responsible for obtaining proposals from three independent consultants for the additional requested traffic model runs (the four additional scenarios noted above in Task 1A). This task included the management and supervision of the proposing firms and educating each firm on the project description, requested model run tasks, answering questions and providing relevant information. This task also included a summary regarding the consultant proposals to the City traffic engineer for review, which provided the information necessary for the ultimate determination to use Fehr & Peers as the modeling consultant. As part of this task, RBF will coordinate with Fehr & Peers in their modeling work, will review the initial work product, and provide updates to City staff as appropriate. Total Cost for Task B = $4,000 C - Supplemental TIA Analysis for Additional Future Scenarios RBF will revise the TIA to address the additional traffic scenarios. The traffic study will assess the impacts of the proposed project by analyzing forecast trip generation, distribution, and assignment of the proposed project on the study area roadway/intersection circulation system. If necessary, mitigation measures for identified project -generated traffic impacts will be recommended in accordance with applicable agency performance criteria and thresholds of significance. Additionally, the future year Eastern Bypass scenarios will be added into the State Highway intersection analysis in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (State of California Department of Transportation, Dec. 2002). If the State Highway analysis shows the proposed project will significantly impact a State Highway study intersection based on Caltrans thresholds of significance, mitigation measures will be recommended in accordance with Caltrans performance criteria. This task also includes preparing associated additional graphics and exhibits, additional report preparation and review time by RBF transportation professionals and EIR staff, and coordination of the supplemental TIA work. Temecula Creek Inn SP EIR - Contract Amendment No. 1 February 22, 2012 Page 4 of 9 Total Cost for Task C = $9,000 D — Additional TIA Review/Revisions with City Staff This scope of work assumes RBF Consulting traffic analysis staff will participate in meetings/conference calls and will coordinate with City and Applicant staff to provide information for the review, as well as incorporate revisions/comments into the revised TIA. This task assumes one additional TIA submittal, which will be revised to address City/applicant comments for use in the Draft EIR. The existing TIA task allows for RBF traffic analysis staff to attend up to three meetings. Total Cost for Task D = $3,500 SUBTOTAL — Tasks Related to TIA (A -D): $22,500 E — Additional EIR Work Related to the TIA Supplement RBF will update relevant EIR analysis sections and incorporate the additional traffic scenarios and mitigation (if any) into the relevant EIR analysis sections. The Air Quality and Greenhouse Gas discussions will be updated qualitatively to reflect the additional circulation system scenarios, as well as a qualitative discussion added in Cumulative Impacts. The Noise analysis will be updated to reflect future cumulative noise levels under the additional circulation scenarios. This additional environmental analysis will also require additional coordination with traffic engineers, which is included in this task. Total Cost for Task E = $4,000 CULTURAL RESOURCE TASKS F — Additional Cultural Resources Tasks RBF's approved Agreement provided for consultation with Pechanga and conducting a field investigation for a CEQA cultural resources report. At the request of the City and applicant, the cultural resources work has required more extensive coordination with Pechanga and the applicant's archaeologist, and is anticipated to require additional revisions and resubmitals of the Phase I Cultural Resources Investigation as noted below. Task F: Anticipated Future Additional Work During initial field investigation work, BCR staff were interrupted by the project owner (TCI) and instructed to avoid surveying certain portions of the project site, resulting in BCR having to cease field work. City staff and RBF discussed the situation with the applicant, and the field work was allowed to resume. However, this required BCR Consulting personnel to conduct an additional visit to the TCI property to complete 100% of the project site cultural resources survey. BCR has already participated in multiple conference calls with City staff and RBF, as well as Pechanga, the applicant, and the applicant's archaeologist, and has also participated in follow- up meetings with the applicant and City staff to examine identified cultural resource sites in light of the applicant's proposed site plan. Due to the more intensive level of coordination to Temecula Creek Inn SP EIR - Contract Amendment No. 1 February 22, 2012 Page 5 of 9 date, BCR has expended their overall coordination and meeting budget, as discussed above. BCR Consulting anticipates the following additional tasks: ® Revision to Cultural Resources report to reflect the Latitude 33 revised site plan and submittal of report to RBF, City, and Latitude 33 for review and comment. ® Revision to Cultural Resources report that reflects any comments from project team and submittal of report to Pechanga for review and comment. ® Revisions to anticipated final Cultural Resources report. • 8 hours of anticipated remaining consultation and coordination for cultural efforts. ® 8 hours of anticipated final EIR support Any additional project meetings or field visits will be invoiced on a time and materials basis, subject to prior written authorization from City staff. This Task does not include Phase II costs (see Task I below), further site surveys, monitoring, or further report revisions. If requested, Phase II costs will be provided as a separate scope and fee. Please note that this proposal is subject to review by the City of Temecula, and is based on a preliminary cultural resources assessment that is currently under review. As such, it is possible that comments to the assessment and proposed methods, or changes to the APE could add or eliminate resources or components of resources requiring evaluation, which renders this proposal subject to change Total Cost for Task F = $7,000 Cost Savings: RBF has elected not to mark-up the BCR subconsultant cost by the 15% permitted in our contract. G — EIR Project Management and Meetings RBF is currently at approximately 75% of our Project Management budget and 50% of our Meeting budget through January 31, 2012. Due to the extended schedule (an additional estimated three months) and expanded scope noted above (for TIA and Cultural Resources work), RBF requests an additional $3,600 for Project Management (at the same rate of approximately $1,200/month provided for originally), and recommends an additional $3,400 for meeting budget. The future project management and meeting budget will depend in part upon the frequency and nature of future meetings and coordination with the applicant, City staff and stakeholders. Presently, RBF is participating in biweekly conference calls which have been very effective in keeping the EIR on track and resolving issues. • Cost Savings: RBF anticipates cost savings for certain technical study efforts, depending on the nature and extent of comments from City staff, the applicant and stakeholders following submittal of draft studies. Should there be remaining budgets in these tasks, RBF could reallocate these budgets to cover a portion of the identified additional costs above, including additional project management and meeting time. Total Cost for Task G = $7,000 Temecula Creek Inn SP EIR — Contract Amendment No. 1 February 22, 2012 Page 6 of 9 H - Partial Submittal of Administrative Draft EIR $0 If desired by the City and applicant, in order to minimize schedule delays, RBF can submit a "partial" Administrative Draft EIR with EIR sections that are able to be completed by various critical path items are resolved (at this time, the Administrative Draft EIR is pending completion of the updated TIA noted above, as well as revision to the Cultural Resources Report following a pending meeting with Pechanga, resubmittal of the Administrative Draft Specific Plan, the applicant's submittal of the Jurisdictional Delineation, and completion of the offsite water/wastewater analysis). Submittal of a Partial Administrative Draft EIR would allow City staff to commence reviewing most of the EIR sections, which would reduce the overall time for producing the Draft EIR. Cost Savings: RBF is not proposing to seek additional funds for this optional task, although there would be additional time required to produce a separate, partial submittal. This partial submittal is assumed to be in digital format to minimize the additional costs incurred. I - Phase II Archaeological Resource Investigation RBF's current Agreement includes a "Phase I" Cultural Resources Assessment. During the field work for this study, several potentially significant cultural resource sites were identified. The applicant may modify the site plan to avoid the archaeological resource sites. However, even with site plan modification, it may still be desired or requested by Pechanga or others to determine the significance of these sites. Therefore, if desired by the City, this scope of work would provide for a "Phase II" Cultural Resource Investigation, consisting of National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) Eligibility Evaluation of Two Prehistoric Sites and One Historic -Age Resource within the Temecula Creek Inn Area of Potential Effects (APE). The specific sites to be investigated are: SITE NUMBER: U.S. Route 395 / Rainbow Canyon Road SITE TYPE: Historic Highway NRHP/CRHR STATUS: Potentially eligible SITE NUMBER: RBF1105-P-1 SITE TYPE: Prehistoric Bedrock Milling Site NRHP/CRHR STATUS: Potentially eligible SITE NUMBER: RBF1105-P-2 SITE TYPE: Prehistoric Artifact Scatter NRHP/CRHR STATUS: Potentially eligible The previous assessments have resulted in recommendations for additional archival research and recordation for the historic -age resource, and surface collection, mapping, and subsurface testing to determine the presence/absence of subsurface archaeological deposit associated with the prehistoric resources, and to determine NRHP and CRHR eligibility. BCR Consulting will complete the work pursuant to Section 106 of the National Historic Preservation Act (NHPA) per U.S. Army Corps of Engineers (ACOE) requirements, and to Temecula Creek Inn SP FIR - Contract Arnendrnent No. 1 February 22, 2012 Page 7 of 9 California Environmental Quality Act (CEQA) standards per the City of Temecula requirements. Task 11: Field Work Prehistoric Sites: For each of the prehistoric archaeological sites located with the APE (88P11O5 P-1 and P-2), BCR Consulting will conduct a systematic surface collection of 10 percent of the artifacts recorded that occur within the APE boundaries, and to plot their horizontal extent on an archaeological sketch map. Prior to surface collection and in order to maximize surface visibility, vegetation and debris clearing will be necessary within the portions of each of the sites that coincide with the APE. Based on location of the surface artifacts, a maximum of six two -by -two meter shovel scrape units (SSUs) (SSUs; maximum of three per site) will be conducted to apprehend data from immediately below the site surface. SSUs are intended to determine the presence and extent of subsurface deposits, and aid in site boundary determination. Each SSU will measure two -by -two meters in size and extend to approximately 10 centimeters in depth. Sediment will be screened through 1/8 - inch hardwire mesh, and any artifacts will be bagged, labeled, and collected for analysis. Results will be documented on SSU forms, which will include information on provenience, artifact inventory, and sedirnents. Based on surface collection and SSU data, BCR Consulting will excavate a maximum of 20 shovel test pits (STPs) (STPs; 10 per site) to check for buried archaeological resources associated with the existing surface component. An STP is approximately 35 centimeters in diameter and is excavated at 20-ceotioueter intervals. Each discrete interval is screened to identify the presence/absence of cultural remains. Sediment will be screened through 1/8 - inch hardwire mesh, and any artifacts will be bagged, labeled, and collected for analysis. Results will be documented on STP forrns, which will include information on provenience, artifact inventory, and sediments. If intact cultural remains are identified, the site is considered to be present in the area of the STP. If intact remains are absent in ten consecutive STPs, the site is not considered to retain any additional data potential. For the purposes of this proposal, artifact depth within the site is stipulated to be no more than 40 centimeters. If artifacts continue past a depth of 40 centimeters, or if human remains are encountered, additional work beyond the scope and budget of this proposal may be necessary. Historic -Age Resources: For the historic -age resource (Old D.S. Route 395/Rainbow Canyon Road) recordation adequate for NRHP and CRHR eligibility evaluation will also be necessary. Adequate recordation will involve careful examination of the Old U.S. Route 395/Rainbow Canyon Road right-of-way to document and photograph any associated historic -age features that occur within the APE, and to examine the resources' immediate context as related to CRHR and NRHP eligibility criteria. Costs for Optional Task 11= $12,800 Optional Task 112: Prehistoric Material Analysis Upon completion of Task 11, all prehistoric cultural material collected will be transported to the BCR Consulting laboratory for analysis. Since the previously recorded artifacts primarily consist of Utbico, the analysis will concentrate on categorizing them into the Temecula Creek Inn SP EIR — Contract Amendment No. 1 February 22, 2012 Page 8 of 9 following prehistoric lithic classes: debitage; cores; utilized flakes; retouched flakes; bifaces; modified cobbles; percussing tools; ground stone. Additionally, any diagnostic stone tools recovered (flaked and ground), in addition to other classes of artifacts (including by not limited to, bone, ceramic, charcoal, ash, fire affected rock, and historic items) will be analyzed for morphological, technological, and functional attributes. The goal of this analysis will be to glean data related to prehistoric adaptive strategies, subsistence strategies, settlement patterns, site activities, site interaction, and chronology. If the total number of items collected exceeds 75, or if specialized analysis is required (including, but not limited to, obsidian hydration, carbon-14 dating, blood residue tests, etc.), additional budget may be required. Costs for Optional Task I2 = $1,350 Optional Task I3: Technical Report A technical report presenting the results of the archaeological resource excavations, including recommendations regarding site eligibility for the NRHP and CRHR, and recommendations for any necessary further work, will be developed. The document will be consistent with the State of California's Archaeological Resource Management Reports Contents and Format Guidelines. Department of Park and Recreation (DPR 523 forms will be updated and attached as necessary. One round of comments is anticipated. Costs for Optional Task 13 = $4,950 Optional Task 14: Native American Coordination BCR Consulting will coordinate with representatives of the Pechanga Band of Luiseno Indians (Pechanga) regarding the current project. BCR Consulting is prepared to share reporting results, and to assist the property owner in offering any artifacts collected as an official donation to the Pechanga. This scope of work does not include any curation fees. Costs for Optional Task 14 = $900 Schedule: Upon receipt of the signed proposal and notification to proceed, the above Optional Task I will be scheduled and will require approximately 60 days to submit the draft Technical Report. Cost Estimate: The Optional Task I fees represent a not -to -exceed cumulative cost estimate of the tasks to be completed and are based on recording and evaluating a maximum of the two prehistoric archaeological sites, containing no more than 75 artifacts, cumulatively, and one historic - age resource (Old U.S. Route 395/Rainbow Canyon Road). Tasks associated with the completion of the scope of work include photography, graphics, deliveries, and word processing. In addition, mileage, drive time, photocopies, etc. will be included. These tasks and costs are included in the cons estimate for each task and the total estimated costs for the tasks will not be exceeded without prior authorization from RBF Consulting. Temecula Creek Inn SP EIR - ContractAmendment No. 1 February 22, 2012 Page 9 of 9 Please note that this proposal is subject to review by the City of Temecula, and is based on a preliminary cultural resources assessment that is currently under review. As such, it is possible that comments to the assessment and proposed methods, or changes to the APE could add or eliminate resources or components of resources requiring evaluation, which renders this proposal subject to change Subtotal Task If : $ 20,000 TOTAL Contract Amendment No. 1: $ 60,500 Should you have any questions or require any additional information, please contact me directly at (951) 506-2074 or via email at kthomas@rbf.com. Kevin Thomas, CEP Vice President 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: March 13, 2012 SUBJECT: Construction Contract for Citywide Storm Drain Improvements - Calle Fiesta, PW 10-07 PREPARED BY: Amer Attar, Principal Engineer Steve Charette, Associate Engineer RECOMMENDATION: 1. Award a construction contract for Project No. PW10-07, Citywide Storm Drain Improvements — Calle Fiesta, to Ted Enterprises, Inc., in the amount of $142,088; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,208.80; which is equal to 10% of the contract amount; 3. Authorize the payment of the Multi Species Habitat Conservation Plan (MSHCP) fees to the Regional Conservation Authority (RCA), based on the current fee schedulefor Fiscal Year 2011-12, in an amount not to exceed $7,500. BACKGROUND: On March 22, 2011, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Citywide Storm Drain Improvements — Calle Fiesta project. The work for the Citywide Storm Drain Improvements — Calle Fiesta project consists of the installations of a storm drain system including pipes, manholes, inlets and rip -rap energy dissipater. The underground pipe system will convey street runoff from Calle Fiesta road to the base of a slope on private property. The installation of this storm drain system will minimize erosion at the point of discharge. All required temporary construction and permanent storm drain easements have been dedicated to the City by the property owner. On Thursday, February 23, 2012, twelve bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Ted Enterprises, Inc. 2. FCO Construction $142,088.00 $142,570.00 3. Tryco General Engineering 4. Excavating Engineers, Inc. 5. Romo Pipeline, Inc. $149,885.00 $151,602.13 $160,000.00 Bert W. Salas, Inc. Non-responsive O'Connell Engineering Non-responsive B&T Works Non-responsive La Strada Contracting Non-responsive Falcon General Engineering, Inc. Non-responsive Hemet Manufacturing Company, Inc. Non-responsive Gwinco Construction & Engineering, Inc. Non-responsive Staff has deemed the bids submitted by Bert W. Salas, Inc., O'Connell Engineering, B&T Works, La Strada Contracting, Falcon General Engineering, Inc., Hemet Manufacturing Company, Inc., and Gwinco Construction & Engineering, Inc. as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour period after bid opening as required by the project Specifications, "Notice Inviting Bids," Section 7, "Instructions to Bidders," Section 2, and "Proposal," Item Staff has reviewed the bids and found Ted Enterprises, Inc. to be the lowest responsible bidder. Ted Enterprises, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The Engineer's Estimate for the work is $160,000. The project specifications allow for a work schedule of 30 working days. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees for construction projects considered 'infrastructure' such as storm drain projects are calculated as 3% of the construction cost for RCA permittees. Per the current schedule for Fiscal Year 2011-12, at 3% of the construction cost, the MSHCP fee is not anticipated to exceed $7,500. FISCAL IMPACT: The Citywide Storm Drain Improvements — Calle Fiesta project is funded with Capital Project Reserves. Adequate funds are available in the project account to cover the requested budget of $163,796.80, which includes the $142,088 contract plus the 10% contingency amount of $14,208.80 and the MSHCP fee not to exceed $7,500. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA PROJECT NO. PW10-07 THIS CONTRACT, made and entered into the 13th day of March, 2012 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Ted Enterprise, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA, PROJECT NO. PW10-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA, PROJECT NO. PW10-07. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA, PROJECT NO. PW10-07. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA, PROJECT NO. PW10-07 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One hundred forty two thousand eighty-eight DOLLARS and _no CENTS ($142,088.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety-five percent (95%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to riot unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has riot, and agrees that it will riot, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Name Address City Phone By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: By: Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney PO . o❑[ LThmLdL CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure Project Project Description: Design and construct storm drain improvements on several streets that flood during each storm event, including Rancho California Road at Vincent Moraga Drive, and Calle Fiesta, as well as other various locations in future years. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. Project Status: This project is estimated to be complete by end of fiscal year 2011. Department: Public Works -Account No. 210.165.715 Priority: I Project Cost: Actua Is to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Future Total Years Project Cost Administration $ 26,100 $102,000 $ 53,000 $ 181,100 Acquisition $214,704 $421,084 $ 62,500 $ 62,500 Construction $183,196 $ 280,000 $120,000 $ 583,196 Construction $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Engineering $ 12,000 $ 12,000 Design $ 5,408 $ 6,584 $ 57,000 $ 68,992 Environmental $ 2,000 $ 19,000 $ 21,000 MSHCP $ 18,500 $ 10,660 $ 29,160 Totals $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Source of Funds: Actuals Future Total to Date 2010-11 2011-12 2012-13 2013-14 2014-15 Years Project Cost Capital Project Reserves $214,704 $421,084 $ 635,788 Unspecified* $322,160 $ 322,160 Total Funding: $214,704 $421,084 $ - $ - $ - $322,160 $ - $ 957,948 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 2,500 $ 2,550 $ 2,601 $ 2,653 $ 2,706 *Project cannot be constructed until a funding source is identified. 91 PROJECT LOCATION CITYWIDE STORM DRAIN IMPROVEMENTS - CALLE FIESTA STORM DRAIN EXTENSION PROJECT PROJECT NO. PWIO-07 Item No. 7 Approvals City Attorney Director of Finance City Manager 2670 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 13, 2012 SUBJECT: Additional Appropriation and Increase of Construction Contingency for the Roripaugh Ranch Fire Station, PW03-01 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Approve an additional appropriation in the amount of $197,929 for the Roripaugh Ranch Fire Station, Project No. PW03-01 from Development Impact Fees (DIF) — Fire; 2. Approve an increase of $283,935 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc. and increase the City Manager's administrative approval authority accordingly. BACKGROUND: On October 26, 2004, the City Council awarded a construction contract for the subject project to Tovey Shultz Construction, Inc. in the amount of $3,298,000 and authorized the City Manager to approve change orders up to 10% of the contract or $329,800. In Spring of 2006, with the work over 90% complete, the project was suspended because of the developer's inability to complete and provide mainline utilities and an all-weather access to the Fire Station and shortly thereafter abandoned the project as their financial position began to deteriorate. In 2006, the City considered possible methods of providing either temporary or permanent utilities and an all-weather access to the Station; however the costs of this endeavor made the undertaking infeasible. Except for providing temporary power and moderate level of security to the site, the station has essentially sat idle until the present time. Work started, under the auspices of the City, on the mainline utilities and roadway segments adjacent to the Fire Station in late November of 2011 under project PW09-02. With the start of construction on the adjacent roadway and utilities we are now in a position to consider completion of the Fire Station. Staff requested a cost estimate from the original general contractor (Toney Shultz Construction, Inc.) to complete the Fire Station. An estimate in the amount of $525,278 was received. This amount is $312,510 higher than the $212,768 needed to complete the project in 2006. This increase includes the $31,972 spent providing temporary services to the Fire Station since 2006. The higher estimated cost reflects increased costs, since work was suspended in 2006, for new subcontracts (labor and material) as many of the original subcontractors are no longer in business or the subcontractors remaining required a renegotiation of their costs to complete. In addition, the increased amount reflects the costs of new items to ensure the facility is brought up to current code requirements and the expenses associated with addressing deferred maintenance on the structure/site over the last six years. Staff is also recommending establishing a 10% contingency of $52,530 and a budget of $50,000 for estimated utility fees (e.g., sewer, water, electricity, gas, telephone/cable). The following is a breakdown of available revenues, transfers and additional appropriation needed to fully fund the project. 5240 Utilities 5601 FF&E 5801 Admin 5802 Design 5804 Construction 5805 Const. Eng. Current Balance (Available + Encumbered) -0- $ 73,784 $ 51,588 $ 24,489 $405,879 $ 18,688 $574,428 Additional Transfers Appropriation $ 50,000 ($14,000) $24,000 $147,929 ($10,000) -0- $197,929 Adjusted Balance $ 50,000 $ 73,784 $ 51,588 $ 10,489 $577,808 $ 8, 688 $772,357 FISCAL IMPACT: The Roripaugh Ranch Fire Station, Project Number PW03-01 is identified in the City's Capital Improvement Program for Fiscal Years 2012-16. The project is funded by the Community Facilities District (CFD) for Roripaugh Ranch and Reimbursement from Riverside County. With the additional appropriation of $197,929 from Developer Impact Fees (DIF) — Fire, sufficient funds will be available to fully fund this project. ATTACHMENTS: 1. Project Location 2. Project Description FIRE STATION RORIPAUGH RANCH SITE Infrastructure / Other Project Location Aerial Data - March 2010 0 100 200 Feet 400 88 CI'T'Y OF TEMECULA FIRE STATION RORIPAUGH RANCH SITE Infrastructure / Other Project Project Description: Acquisition, design, and construction of a fire station at the intersection of Butterfield Stage Road and Calle Chapos. Benefit: Project will provide fire protection and enhance response time to the northeast portion of the City. Project Status: The construction work has been complete, and work remaining is the installation of the mainline utilities. This project is estimated to be complete in future years when development is complete. Department: City Fire Services / Riverside County Fire Department—Account No. 210.165.741 Priority: 1 Project Cost: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Administration $ 10,643 $ 51,588 $ 62,231 Construction $ 3,326,981 $412.825 $ 3,739,806 Construction $ 2,097,100 $ 2,097,100 Engineering $ 301,380 $ 18,688 S - $ - S - $ - S - $ 320,068 Design $ 13,686 $ 27,428 $ 41,114 Fixtures/Fum/Equip $ 381,616 $ 73,784 $ 455,400 Totals $4,034,306 $584,313 $ - $ - $ - $ - $ - $ 4,618,619 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost CFD (Roripaugh Ranch) $1,937,206 $584,313 $ 2,521,519 Reimbursement/Other (Riverside County) $ 2,097,100 $ 2,097,100 Total Funding: $4,034,306 $584,313 S - $ - S - $ - S - $ 4,618,619 Future Operation & Maintenance Costs: 2011-12 2012-13 $ 1,100,000 2013-14 $1,122,000 2014-15 $ 1,144,440 2015-16 $ 1,167, 329 $ 1,190,675 Note: Annual operating cost of staffing this station will be proposed when development of the adjacent area is complete. 89 Item No. 8 ORDINANCE NO. 12-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO FURTHER CLARIFY THE REGULATIONS ON BUSINESSES SELLING ALCOHOLIC BEVERAGES (LONG RANGE PLANNING PROJECT NO. LR11-0007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Legislative Findings. The City Council of the City of Temecula hereby makes the following findings in support of this Ordinance: A. On May 24, 2011, the City Council adopted Interim Urgency Ordinance No. 11-02, establishing a 45 -day moratorium on the approval of Conditional Use Permits (CUP's) for businesses that sell alcoholic beverages for off -sale consumption. B. On June 28, 2011, the City Council adopted Ordinance No. 11-04, extending the Interim Urgency Ordinance and moratorium until May 13, 2012 to provide time for staff to conduct research required to determine the appropriate locations in the City for off -sale alcohol CUP businesses and to determine whether additional regulations should be imposed on these businesses or whether these businesses should be prohibited in certain areas of the City. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on February 1, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 12-04 recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on February 28, 2012, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. R:/Ords 2012/Ords 12-02 1 Section 3. Additional Findings. The City Council is particularly concerned about the deleterious secondary impacts that can arise from the sale of distilled spirits at convenience markets and liquor stores. A. Although the risks of negative secondary effects can arise from any sales facility offering alcoholic beverage, this City Council finds that the risks of negative secondary effects increase when a sales facility provides distilled spirits at stores open on an extended hour basis, are located in smaller commercial centers with less private security, and located along major roadways. B. The secondary effects that have been associated with such locations/businesses, include, but are not limited to, increases in public disturbances such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace, increases in alcohol use related offenses and increases in sales of alcoholic beverages to underage purchasers. C. For the purposes of minimizing the potential risk arising from such uses, and to ensure that such businesses minimize burdens on the City's police and public safety and maximizes benefits to the community, the City desires to prohibit liquor stores, restrict the sale of distilled spirits for off -sale consumption only at grocery stores, drug stores, specialty markets and discount/department stores that are located in larger commercial centers, where the sale of such distilled spirits is not the primary product, and the size of such businesses are greater than 10,000 square feet. Section 4. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to restrict the sale of distilled spirits for off -sale consumption, increase the separation between Alcohol CUP Businesses to 600 feet consistent with the State of California Business and Professions Code, restrict the sale of alcohol for on-site consumption when associated with live entertainment to bona fide restaurant establishments, and other minor clarification items related to alcohol sales ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on October 12, 2011 and expired on November 1, 2011. Copies of the documents have been available for public review and R:/Ords 2012/Ords 12-02 2 inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 28, 2012 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 5. Portions of Table 17.08.030 of the Municipal Code is hereby amended as follows: Description of Use NC CC HT SC PO BP LI Alcoholic beverage sales See Section 17.10.020. Supplemental Development Standards Beer and wine markets C C C C - - - Bowling alleys - P P P - - - Convenience markets CCCCC - - Grocery store, retails - PPPC - - Grocery store, wholesales - - -P - C P Liquor stores1 - - - - - - - Nightclubs/ dance club/teen club/comedy club - C C C - - - Restaurants and other eating establishmentss P PPP P PP Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on-site and occupying less than 15% of the floor area of the business) - - - - - P P Specialty markets CPPPC - - Notes: 1. Subject to the Supplemental Development Standards contained in Chapter 17.10 of this code. Section 6. Section 17.10.020.6 of the Municipal Code is hereby amended as follows: B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the State of California Department of Alcohol Beverage Control. R:/Ords 2012/Ords 12-02 3 2. Grocery stores, drug stores, specialty markets, and discount/department stores ("Primary Uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the Primary Use require a City of Temecula Conditional Use Permit pursuant to another provision of this title. 3. All other businesses, establishments, or facilities offering the sale of alcoholic beverages, shall require a Conditional Use Permit. 4. Restaurants are permitted to serve beer and wine as a matter of right but are subject to obtaining a Conditional Use Permit to offer, sell, or serve distilled spirits, unless otherwise regulated by a current Specific Plan. 5. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e. comedy club, nightclub, dance club), the `bar area' may ONLY be an incidental use subject to the approval of a Conditional Use Permit. 6. Businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments). 7. Convenience Markets and BeerNVine Markets. a. Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site. b. No displays of beer or wine shall be located within ten (10) linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. c. A security plan, including but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. R:/Ords 2012/Ords 12-02 4 d. The failure to comply with any of these conditions may result in the revocation of the Conditional Use Permit pursuant to Section 17.04.010 of this title. 8. Legal Non -conforming Liquor Stores. Existing liquor stores are, upon the effective date of this Ordinance, deemed legal non -conforming uses. 9. Finding of Public Convenience or Necessity. a. Whether or not the proposed use is consistent with the General Plan and Development Code; b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 10. Gas Stations - Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages. a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the City Council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. R:/Ords 2012/Ords 12-02 5 iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. Section 7. Section 17.10.020.Q of the Municipal Code is deleted in its' entirety. Section 8. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Beer/Wine Market" means a retail market that specializes in the sale of beer and wine for off -sale consumption as regulated by the State of California Alcohol Beverage Control Type 20 license. The sale of beer and wine products is the predominant product sold in such facility and the sale of other goods and services is not required. There are no size criteria or limitations on such facilities. Section 9. Section 17.34.101 of the Municipal Code is hereby amended to add the following definition: "Bona fide Eating Establishment" means an establishment that is used for the regular service of meals to patrons. The establishment shall have suitable kitchen facilities and provide an assortment of foods commonly ordered at various hours of the day. Section 10. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Convenience market" means a retail food market providing goods and other services on an extended -hour basis. The sale of beer and wine is allowed with an approved Conditional Use Permit. Such stores are located in smaller commercial centers or along major roadways with easy accessibility. R:/Ords 2012/Ords 12-02 6 Section 11. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Specialty markets generally range in size from 10,000 to 40,000 square feet. Section 12. Section 17.34.101 of the Municipal Code is hereby amended to revise the following definition: "Liquor store" means a retail sales facility offering for sale an assortment of distilled, fermented, brewed or similarly prepared beverages that contain amounts of alcohol sufficient to cause the sale of the beverage to be regulated by the state of California and (i) where the sale of such beverages is the predominant product sold in such facility, whether such finding is determined by total annual retail sales or square footage of the facility dedicated to the storage and/or display of such merchandise; and (ii) the retail sales facility is not the direct, corporately owned marketing and/or sales facility of the producer of the alcoholic beverage and where the alcoholic beverage is primarily intended to be consumed off-site from the place of sale. Liquor stores commonly range in size from two thousand to five thousand square feet. A convenience market selling distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor store for the purposes of this title. Liquor stores are prohibited as of the effective date of this Ordinance. Section 13. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 14. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 15. Upon the effective date of this Ordinance, the moratorium imposed by Ordinance Nos. 11-02 and 11-04 shall terminate. Section 16. This Ordinance shall take effect thirty (30) days after passage. R:/Ords 2012/Ords 12-02 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 12-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of February, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2012, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2012/Ords 12-02 8 Item No. 9 ORDINANCE NO. 12-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TEMECULA MUNICIPAL CODE BY AMENDING SECTIONS 12.04.250.A, 12.04.250.D, 12.04.250.1, 12.04.250.L, 12.04.250.M.1, 12.04.250.M.2, 12.04.250.N, AND 12.04.250.0. TO AUTHORIZE THE CITY MANAGER TO ESTABLISH REGULATIONS FOR THE ASSESSMENT OF RISK AND LIABILITY INSURANCE FOR RENTALS OF CITY PARKS AND FACILITIES AND TO CHANGE THE PERSON WITH AUTHORITY FOR CERTAIN PARK USE DECISIONS FROM DIRECTOR OF COMMUNITY SERVICES TO CITY MANAGER OR DESIGNEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Chapter 12.04.250.A as follows: 12.04.250.A Reserved Use Reserved use (defined as exclusive, permitted use for one or more occasions) of parks shall require obtaining a use permit in a form established by the city manager or designee. The city council may establish use fees by resolution. Section 2. The City Council of the City of Temecula hereby amends Chapter 12.04.250.D as follows: 12.04.250.D Sponsored Uses Any city -sponsored or co-sponsored reserved use shall be deemed a use for city purposes, and shall be exempt from all fees, deposits and permit requirements. Such determination shall be made by the city manager or designee. Section 3. The City Council of the City of Temecula hereby amends Chapter 12.04.250.1 as follows: 12.04.250.1 Scheduling Priorities Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over 11, Group 11 over III, etc. In the event of conflict, the city manager or designee reserves the right to schedule any group. Scheduling of reserved uses will be carried out by the city manager or designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the city. R:/Ords 2012/Ords 12-03 1 Section 4. The City Council of the City of Temecula hereby amends Chapter 12.04.250.E as follows: 12.04.250.L Sales and Uses User groups desiring to use park for fund-raising purposes shall be allowed to do so subject to generally applicable policies and fees. Food concessionaires and other users which are determined by the city manager or designee to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to city public bidding procedures. Section 5. The City Council of the City of Temecula hereby amends Chapter 12.04.250.M.1 as follows: 12.04.250.M.1 Inclement Weather "Inclement weather" is generally defined as weather which, in the judgment of the city manager or designee has left parks in a condition which, if the parks are used, presents a risk of damage to the parks or injury to users. Section 6. The City Council of the City of Temecula hereby amends Chapter 12.04.250.M.2 as follows: 12.04.250.M.2 Ability to Deny Use The city manager or designee shall have the authority to deny use of all or any portion of a park to a user based on inclement weather. The city manager or designee reserves the exclusive right to determine that a park use is precluded by inclement weather, and no refund of fees shall be made on the grounds of bad weather or field condition unless the city manager or designee makes such determination. Section 7. The City Council of the City of Temecula hereby amends Chapter 12.04.250.N as follows: 12.04.250.N Denial of Facility Use The city manager or designee shall have the authority to deny use of all or any portion of a park to any group or individual who has violated the general policies or rules governing the use of parks or otherwise conducted themselves, individually or as a group, in a manner adversely affecting the peace and enjoyment of the park by reasonable persons. Section 8. The City Council of the City of Temecula hereby amends Chapter 12.04.250.0 as follows: R:/Ords 2012/Ords 12-03 2 12.04.250.0. Liability Insurance The City Manager shall prepare and approve written regulations governing the insurance requirements for the use of parks. User Groups shall comply with the insurance requirements of these regulations as a condition of receiving a permit or approval to use a park pursuant to this chapter. The regulations may be updated as necessary and shall include the following provisions: 1. The user groups that are required to obtain insurance for their use of the park based on a schedule of hazardous/risk classifications; 2. The type of insurance policies required based on hazard/risk classifications for the proposed activities of the user group; 3. The amount of coverage required for such policies; 4. Special provisions governing the form of the policy; 5. Additional insure requirements for other City entities; 6. Documentation establishing confirmation of required coverages; 7. The deadline for a user groups to provide confirmation of required insurance; and 8. Such other provisions as are necessary or convenient to protect the City and its related entities and provide for the efficient processing of the required insurance for the rental permit. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2012/Ords 12-03 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 12-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of February, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2012, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2012/Ords 12-03 4 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 10 ACTION MINUTES of FEBRUARY 28, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:03 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 15 Action Minutes - Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Approve the action minutes of February 14, 2012. 16 Approval of Fiscal Year 2011-12 Mid -Year Budget Adjustments - Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. CSD 12-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2011-12 ANNUAL OPERATING BUDGETS 17 City of Temecula Wall of Honor - Shawn Nelson - Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Roberts; and electronic vote reflected unanimous approval. 1 RECOMMENDATION: 17.1 Approve the recommendation from the Community Services Commission to permanently place the name of Shawn Nelson, former City Manager, on the Wall of Honor located in the Temecula History Museum and the Temecula Civic Center. CSD DEPARTMENTAL REPORT 18 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:05 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 13, 2012, 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. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 Jeff Comerchero, President PUBLIC HEARING Item No. 11 Approvals City Attorney Director of Finance City Manager Por CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 13, 2012 SUBJECT: Relocation Plan for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, PW00-26 PREPARED BY: Amer Attar, Principal Engineer Beryl Yasinosky, Management Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT, PW00-26 2. Authorize the City Manager to approve and execute any necessary documents and issue relocation benefits pursuant to the approved Relocation Plan. BACKGROUND: On March 22, 2011, the City Council authorized the Director of Public Works/City Engineer to move forward with negotiations for the acquisition of necessary right-of-way for the proposed construction of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, No. PW00-26 ("Project"). The Project requires the acquisition of certain property interests from six parcels. The Project would require the demolition of three buildings and result in the displacement of four businesses currently operating in these three subject buildings. All of the parcels impacted by the proposed Project are commercial or industrial in nature. The Project would not displace any residential parcels, mobile homes, nonprofit organizations, or agricultural areas. Pursuant to the California Relocation Assistance Law, codified at Government Code Section 7260 et seq. (California Relocation Law), and the California Relocation Assistance and Real Property Acquisition Guidelines set forth at Chapter 6 of Title 25 of the California Code of Regulations, the City is required to provide relocation assistance and benefits to eligible persons that are required to relocate as a result of the Project. The City's relocation consultant, Corridor Analysis, prepared the attached Relocation Plan in connection with the City's negotiations to acquire the necessary real property interests for the Project. Corridor Analysis also met with the businesses impacted by the Project to provide information regarding the applicable relocation assistance and benefits and to assess the individual business needs and preferences. The Relocation Plan describes the impacts and potential displacements of the existing businesses; the general market conditions of commercial properties; and a program to provide the affected businesses with the benefits to which they are entitled, including advisory and financial assistance. City staff and the City Attorney's office have reviewed the Relocation Plan. The Relocation Plan conforms to the requirements of the California Relocation Law and the Guidelines. Effective February 22, 2012, Corridor Analysis is no longer assisting the City with the relocation efforts in connection with the Project. The City is in the process of interviewing relocation consultants that have an annual contract with the City. The City will provide to the owners and businesses impacted by the Project the contact information for the new relocation consultant as soon as that information is available. In the meantime, City staff is communicating with the owners and businesses. The City's new relocation consultant will administer the Relocation Plan under the direction of the City. The Relocation Plan is intended to serve as a guide to the City and its consultants in providing relocation assistance and benefits to the eligible persons displaced by the Project. The City provided public notice in the Californian on February 9, 2012 of the availability of the Relocation Plan for review in the City's Department of Public Works. In addition, the City provided notice to the owners and affected businesses by United States mail, certified receipt requested. The public review period is thirty (30) days. This review period allows the general public, government entities and the potentially displaced persons time to review the Relocation Plan and to submit comments to the City regarding the Relocation Plan. The thirty (30) day review period ended on March 10, 2012 and no comments were received. Any comments received after the expiration of the public review period will be read into the public record with the appropriate recommendations, if necessary, at the City Council meeting. FISCAL IMPACT: The total relocation -related budget for the affected businesses is estimated to range between $400,000 and $650,000 depending on the final moving and related expenses required to relocate the eligible businesses to the respective replacement sites. Specific relocation costs and payments will be reviewed and approved on an individual basis with each of the eligible persons. (The estimated relocation budget does not include any payments related to right-of-way acquisition, improvements pertaining to realty, or loss of business goodwill.) The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project is identified in the City's Capital Improvement Program and is funded with Capital Project Reserves and DIF - Streets. Adequate funds for relocation -related payments to each of the displaced businesses are available in project account number 210.165.602.5700. ATTACHMENTS: 1. Resolution No. 12- 2. Relocation Plan RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE RELOCATION PLAN FOR MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT, PW00-26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is in the process of negotiating the acquisition of necessary right-of-way for the proposed Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, No. PWOO-26 ("Project"). The City desires to implement the California Relocation Assistance Law, codified at Government Code Section 7260 et seq. ("California Relocation Law"), and the California Relocation Assistance and Real Property Acquisition Guidelines set forth in Chapter 6 of Title 25 of the California Code of Regulations ("Guidelines"). Section 2. The construction of the Project would require the demolition of three industrial buildings and result in the displacement of four businesses. Accordingly, the City has prepared a relocation plan in accordance with the California Relocation Law and Guidelines to accommodate the relocation of the impacted businesses. Section 3 The City Council of the City of Temecula hereby approves the "Relocation Plan - Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PWOO-26)" in the form on file with the City Clerk ("Relocation Plan"). Said Relocation Plan conforms to the requirements of the California Relocation Law and Guidelines. Section 4. The City Manager is hereby authorized on behalf of the City to take such actions as may be necessary or convenient to effectuate the Relocation Plan and to provide relocation assistance and benefits to displaced persons or businesses as required by law. Such authority includes, but is not limited to (1) the expenditure of City funds to implement the Relocation Plan and to provide the applicable relocation benefits to which the eligible persons are entitled under applicable law; (2) entering into agreements with consultants and vendors necessary to implement the Relocation Plan and to ensure that relocation assistance and benefits are administered in a fair, reasonable and uniform manner in accordance with applicable law; and (3) entering into agreements and releases with the eligible persons regarding their relocation assistance and benefits. Section 5. In approving the Relocation Plan for the Project, the City Council finds, determines and declares that: A. The City will provide fair and reasonable relocation assistance and benefits to eligible persons in accordance with the California Relocation Law and Guidelines. B. The City has established a relocation assistance program offering the services described in the Guidelines. C. The City has adequately informed eligible persons of the assistance, benefits, policies, practices, and procedures, including grievance procedures, provided for in the Guidelines. D. The Project does not impact any residential parcels. Thus, the Project will not result in any residential displacements. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of March, 2012. Chuck Washington, 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. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of March, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RELOCATION PLAN MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PROJECT (PWOO-26) Prepared by: The City of Temecula and Corridor Analysis 29307 Highland Boulevard Moreno Valley, California 92555 (951) 333-3540 RELOCATION PLAN Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW00-26) TABLE OF CONTENTS I. INTRODUCTION 1 11. PROJECT AREA DESCRIPTION 3 A. Regional Location 3 B. Project Site Location 3 111. ASSESSMENT OF RELOCATION NEEDS 6 A. Assessment of Needs 6 B. Description of Displacement Area 6 C. Displacement Units 7 D. Adequate Relocation Resources 8 IV. DETAILED ANALYSIS OF DISPLACED BUSINESSES AND REPLACEMENT RESOURCES 9 A. Displacement Area 9 B. Replacement Resources 10 V RELOCATION RESOURCES 13 A. Adequacy of Relocation Resources 13 B. Replacement Area 13 C. Market Availability 13 D. Relocation Problems 13 E. Housing Impact 13 F. Summary 14 VI. RELOCATION ASSISTANCE PROGRAM 15 A. Relocation Program Assurances and Standards 15 B. Advisory Assistance 15 C. Relocation Benefits - Businesses 16 D. General Information on Payment of Relocation Benefits 19 VII. ADMINISTRATIVE PROVISIONS 20 A. Relocation Tax Consequences 20 B. Grievance Procedures 20 C. Eviction Policy 20 D. Projected Dates of Displacement 20 E. Estimated Relocation Costs 20 ATTACHMENT: Exhibit "A" Relocation Assistance and Displaced Businesses, Nonprofit Organizations and Farms I. INTRODUCTION The City of Temecula proposes to construct the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project (PW -0026) ("Project"). The Project is identified in the City's Capital Improvement Program for Fiscal Years 2012-2016. The Proposed Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a new bridge over Murrieta Creek. The purpose of the Proposed Project is to improve safety and traffic circulation in the area. The Project would require the acquisition of certain real property interests from six parcels. The construction of the proposed project requires the acquisition of permanent easements for public street purposes and all uses necessary or convenient thereto on six assessor's parcels. The Project would require temporary construction easements with a term of eighteen months on two of these parcels and slope easements on one parcel. Although the construction of the Project, in the manner proposed, would require permanent easements from the three parcels identified as Riverside County Tax Assessor's Parcel Numbers 921-480-013, 921-480-020, and 921-480-031, the construction of the proposed project would require the demolition of the existing single - tenant or multi -tenant light industrial/service commercial buildings on these parcels. Accordingly, based on the analysis of the fair market value of these parcels prepared by the City's independent appraiser and the appraiser's opinion that the remainder parcels constitute uneconomic remnants because they are left in such size and condition to be of little or no market value to the owners, the City proposes to acquire these parcels in fee. The acquisition of the above three assessor's parcels would result in the displacement of four businesses operating on the parcels. All of the parcels impacted by the proposed construction of the Project are commercial or industrial in nature. There are no residential parcels in the area of the Project. Accordingly, the City would not acquire any residential parcels. Corridor Analysis has prepared and will administer this Relocation Plan under the direction of or involvement of the City of Temecula. This Relocation Plan provides the results of a needs assessment survey and information regarding the City's proposed relocation program. The City's relocation services are in conformance with the statutes and regulations set forth in the California Relocation Assistance Law, codified at Government Code Section 7260 et seq. ("California Relocation Law") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et seq. ("Guidelines"). The general purpose of the Relocation Plan is to describe the Project area; the circumstances of the potential displaced businesses; the general market for commercial properties and a program that complies with the California Relocation Law and Guidelines. Although the Guidelines do not require public entities to prepare relocation -1- plans in cases where a project results in an insignificant number of non-residential displacements, this Relocation Plan seeks to provide the City of Temecula, public entities, the displaced businesses and or property owners, and the public with information regarding the City's plans for relocation of the businesses and/or property owners impacted by the Project. Attachments: > EXHIBIT "A" - Relocation Brochure provided to Businesses -2- II. PROJECT AREA DESCRIPTION A. Regional Location The Project is located in the City of Temecula, in southwestern Riverside County. The City of Temecula is located approximately 55 miles north of downtown San Diego, and 85 miles south of Los Angeles. The City of Temecula was incorporated in 1989 and consists of approximately 30 square miles bordered by the City of Murrieta to the north, the San Diego/Riverside County line to the south, the Pechanga Band of Luiseno Indians Reservation to the southeast and the unincorporated land of Riverside County to the east and west. The City is accessible from Interstate 15. Figure 1: Map of Regional Project Location • Los Angeles 1 os Angeles 1.80 Min. County 406 Irvine • 75 Min. 4 Ontario • 45 Min. 10 San Bernardino County Riverside County Orange County B. Project Site Location est Lake • Elsinore Murrieta TTemecu San Diego County 16 • Hemet alfe Valley Lao SOICLako Skinr or • San Diego 60 Min. • 14 Palm Springs 75 Min. The Project is located in west -central Temecula within the Rancon Commerce Center, a commercial/business park developed in the late 1980s. The Project area is located east of Murrieta Creek and west of Jefferson Avenue between Winchester Road and Via Montezuma. The neighborhood is improved with mostly small single tenant Tight industrial and service commercial buildings, slightly larger multi -tenant buildings and a few two-story commercial office buildings. Jefferson Avenue is the major north -south route servicing the Project area and extends along the east side of the neighborhood and the west side of Interstate 15 between -3- Rancho California Road and Winchester Road. Freeway access is available via on/off ramps at Winchester Road (SR 79 North) and Rancho California Road. The Project would provide another east -west access route to improve traffic safety and circulation in this area. Figure 2: Depiction of General Neighborhood Area ""liv•- l• Figure 3: Project Area Map -4- Figure 4: Existing Overland Drive -5 - III. ASSESSMENT OF RELOCATION NEEDS A. Assessment of Needs Corridor Analysis analyzed the neighborhood and the businesses impacted by the Project. It provided information to the four businesses occupying the properties impacted by the Project regarding the relocation advisory assistance and benefits to which they would be entitled as "displaced persons" under the California Relocation Law and Guidelines. Corridor Analysis also met with and interviewed the owners of the businesses to explain the relocation advisory assistance and benefits to which they would be entitled as displaced persons and to understand their businesses. Corridor Analysis used the information from the interviews to obtain information for the preparation of this Relocation Plan. The Project would result in the displacement of four businesses that occupy the single- tenant/multi-tenant light industrial buildings. The Project would not impact any residential parcels, mobile home parks, non-profit or public service facilities. Based on a survey of properties that are available for either sale or lease, it appears that there are adequate replacement sites for the displaced businesses. The potential relocation replacement sites are located in the cities of Temecula and Murrieta. Properties in these cities are most comparable to the Project area in terms of geographical area with similar demographics, growth, and a similar community identity. B. Description of Displacement Area: (neighborhood, amenities, access, facilities, general occupancy characteristics) As indicated above, there are no residential parcels in the Project area and the Project would not result in any residential displacement. The Project would result in the displacement of four industrial/commercial businesses. Two of the businesses impacted by the Project are automobile -related services businesses; one business services and repairs boats and provides retail sales of boat and water sport accessories; and the fourth businesses is an armory retail business. These businesses are identified on the chart below: Business Name Business Type Estimated Square Feet Audio Evolution Automobile -related; Installation of Audio Equipment and Sales 2,730 square feet Faith Armory Armory Retail 3,940 square feet Ranch Muffler Automobile -related; Service and Retail Sales 6,480 square feet Temecula Marine Center, Inc. Boat Service and Repair; Retail Sales of Boat and Water Sport Accessories 9,900 square feet -6- The owners of the subject property occupied by Ranch Muffler operate Ranch Muffler. The Project area consists of mostly small single tenant light industrial and service commercial buildings, slightly larger multi -tenant buildings and a few two-story commercial office buildings. The Project area has improved streets, curbs, gutters, lighting and typical utilities. Most of the structures are concrete tilt up buildings. Some structures are made of block wall and wood frame. Most of the properties in the Project area are privately owned and leased to tenants with no major ownership of multiple properties. C. Displacement Units The Project would not result in any residential displacements. As discussed above, the Project would require the demolition of three buildings and thus result in the displacement of the four businesses indentified above. Residential Displacements Owner occupants of single family residences 0 Tenant occupants of single family residences 0 Tenant occupants of multiple unit residences 0 Owner occupants of mobile homes 0 Tenant occupants of mobile homes 0 TOTAL RESIDENTIAL UNITS 0 TOTAL PERSONS 0 (average #/household) 0 Non Residential Displacements Commercial business 4 Industrial/manufacturing businesses 0 Non- profit organizations 0 Agricultural/farms 0 TOTAL NONRESIDENTIAL UNITS 4 TOTAL UNITS 4 Type of Displacement Improvements Single family residences 0 Duplex/triples (multi -unit residences) 0 Apartments (multi -unit residences), 4 or more 0 Sleeping rooms/shared quarters 0 Mobile homes 0 TOTAL UNITS 0 -7- D. Adequate Relocation Resources Based on the survey, there are adequate relocation resources available for the four businesses that the Project would displace. The Project would not displace any residential parcels, mobile homes, nonprofit organizations, or agricultural areas. 1. The closest replacement area identified is within the Zip Codes identified as 92589, 92590, 92591, 92592, and 92593. Based on the previous experience and current research of Corridor Analysis, however, relocation of the types of businesses impacted by the Project can be challenging. Based on the research of Corridor Analysis, properties in the immediate vicinity of the Project may not be available for the displaced businesses based on their needs and type of business. Accordingly, relocation sites outside of the immediate vicinity would be considered. 2. The relocation areas are comparable in terms of amenities, public utilities, and accessibility to public services, transportation, and shopping. Yes X No — The relocation areas are an urban with all amenities and public utilities in place. 3. Although relocation resources are available and affordable for residential displacements, this analysis is not applicable here because the Project will not result in any residential displacements. 4. The City of Temecula's relocation program for this Project is adequate to successfully relocate all displaced businesses. 5. The Project would require the relocation of four businesses that operate boat service/storage and retail sales of boat and water sport accessories, armory retail/service, automobile -related services and sales, and automobile audio service and sales. The nature of these businesses may not be compatible with residential and office commercial uses. Accordingly, it will most likely be necessary to locate replacement sites in industrial -type areas that contain similar uses. If sites are not available in the immediate Project area, replacement locations in the surrounding areas of Temecula and Murrieta would be considered. All efforts would be made to relocate the businesses within a suitable replacement area. Corridor Analysis would provide relocation and advisory assistance to the businesses to assist the businesses to relocate to a replacement site. 6. Last Resort Housing Program payments are not applicable on this Project because the Project would not result in any residential displacements. Thus, the Project would not require the construction of replacement housing under the Last Resort Housing Program. 7. A field office will not be required for this Project because the Project will result in the displacement of a small number of businesses. -8- IV. DETAILED ANALYSIS OF DISPLACED BUSINESSES AND REPLACEMENT RESOURCES A. Displacement Area 1. Residential Displacements The project will not result in any residential displacements. 2. Business and Nonprofit The Project would require the relocation of four businesses. As discussed above, the businesses include auto repair/retail, armory retail, boat service/repair and retail sales of boat and water sport accessories, and automobile audio sales and installation services. Table: Te of Business Construction 0 Manufacturing 0 Retail 4 Government 0 Nonprofit 0 Service 4 Total Businesses 4 Table: Age of Business 1-3 Years 1 4-7 Years 0 8-15 Years 1 Over 15 Years 2 Table: Estimated Number of Employees Per Business 1-20 4 21-100 0 101-500 0 Over 500 0 Table: Estimated Number of Employees Per Business Strip commercial 3 Small shopping center Regional center Single structure 1 Mixed residential Industrial park Low rent area -9- 3. Agricultural Impact The Project would not impact any agricultural parcels. Accordingly, there is no need to analyze the impact of the Project on any farm operations because no agricultural parcels or farm operations are impacted by the Project. B. Replacement Resources 1. Residential Replacements This Project does not impact any residential properties, Section 8 housing or mobile home parks. Accordingly, it is not necessary to conduct an analysis of impacts to such residential uses. 2. Business and Nonprofit Replacements a. Number of business sites that will be available for rent, purchase, or development: Corridor Analysis conducted a survey in 2011 to determine the availability of replacement commercial/industrial spaces in the City of Temecula and the City of Murrieta. Corridor Analysis used the following sources and methods to determine the availability of replacement locations: • Windshield surveys conducted within a prescribed radius • Referrals from local commercial brokerages • Internet listings • Contacting real estate agents and brokers The data obtained from a search of nearby available industrial/commercial space is summarized on the following table: Table: Availability and Cost of Local Commercial/Industrial Space Type of Space (Lease/Purchase) Use Number of Properties Found' Square Foot Range of Buildings Monthly Rent (Range based on size) Cost/Square Foot (Range based on monthly rent/purchase) Lease Industrial/ Commercial 13 4,000- 10,000 $2,256- $8,300 $0.56-$0.83 Purchase Industrial/ Commercial 6 4,000- 10,000 $239,000- $995,000 $59.75-$99.50 1 The number of properties identified on chart represents the available properties at the time Corridor Analysis conducted its survey. Corridor Analysis continues to provide ongoing referrals to the impacted businesses. -10- Based on the survey, there are 13 parcels available for rent or lease. Based on the survey, there are 6 parcels listed for sale. b. Description of Relocation Needs of Businesses • Replacement site requirements: The businesses displaced by the Project would require similarly zoned commercial/industrial locations that allow uses similar to those of the displaced businesses. Other special considerations include building sizes, lot sizes, parking, driveway accessibility, visibility and security. • Lease rates or purchase price: Only one of the displaced businesses is operated by the owner of the real property the City seeks to acquire. The three other businesses impacted by the Project rent space from the property owners. Based on discussions with real estate brokers, it appears that commercial and industrial financing is more limited than in the past and that those businesses with solid financial backgrounds have the greatest success at obtaining financing. Sale prices are at low rates. Lease rates are also at low rates. • Financial capacity of the businesses to accomplish move to replacement sites: Only one of the displaced businesses is operated by the owner of the real property the City seeks to acquire. As indicated above, based on discussions with real estate brokers, it appears that commercial and industrial financing is more limited than in the past and that those businesses with solid financial backgrounds have the greatest success at obtaining financing. Sale prices, however, are at low rates. Corridor Analysis will assist the owner of Ranch Muffler in finding either a replacement purchase site or a replacement lease site. The three other businesses impacted by the Project rent space from the property owners. Lease rates of available parcels are comparable or lower than the current amounts paid by these three businesses at their current location. • The City will provide relocation assistance to all displaced businesses eligible for relocation assistance under the California Relocation Law and Guidelines. • Businesses may need assistance with the following special services: advanced payments, assistance with construction of replacement site, professional services to plan the move or obtain replacement site, business loans. • No special services have been identified. It is anticipated, however, that certain businesses may require a conditional use permit, permits for signage, and business licenses at replacement locations. -11- • If the businesses are relocated in the vicinity of their existing location, no impacts or, at most, minor impacts to employees would occur. If the businesses are relocated to sites that are far from the displacement site, employees may need to relocate with the business or find new employers. Corridor Analysis has not made any determinations regarding these issues at this point in the relocation process. These concerns would be given due consideration when the relocations are finalized. At this time, Corridor Analysis is conducting interviews with the four impacted businesses. Corridor Analysis will obtain more detailed information regarding the type of business, employees, and needs of the business during the course of the interview process. -12- V. RELOCATION RESOURCES A. Adequacy of Relocation Resources Adequate Resources (availability, funds, staffing, time) exist for all displaces. Adequate staffing is available for the relocation of the four businesses. It appears that there are adequate replacement relocation sites available for these businesses. Further, the City of Temecula has approved funding for the acquisition and relocation costs for the Project. B. Replacement Area The replacement area chosen and used as a basis for relocation resources is similar to the Project area, which is an active industrial/commercial area. Suitable replacement sites have been identified and are available in the market areas of Temecula and Murrieta. C. Market Availability Market availability is expected to be adequate to meet the relocation demands of the four displaced businesses. D. Relocation Problems No relocation problems related to the categories provided below are anticipated. E. Housing Impact As indicated above, the Project will not result in any residential displacements. Accordingly, there is no impact to the local housing stock for the community. -13- Yes No Elderly X Low Income X Last Resort Housing Const. X Marginal Business X Lack of Availability X Minorities X Overcrowded Residence X Handicapped X Minority Business X Other X E. Housing Impact As indicated above, the Project will not result in any residential displacements. Accordingly, there is no impact to the local housing stock for the community. -13- F. Summary Corridor Analysis has completed the right of way survey of existing available replacement relocation sites based on the anticipated needs of the four businesses displaced by the Project. The initial survey indicated that there are adequate replacement relocation sites in the cities of Temecula and Murrieta. It is anticipated that some individual business requirements or permits may be required, including conditional use permits, business licenses, sign permits, and tenant improvements at the replacement locations. The displaced businesses may face financial constraints based on the current economic conditions and financing limitations if they intend to purchase rather than lease a replacement site. -14- VI. RELOCATION ASSISTANCE PROGRAM A. Relocation Program Assurances and Standards The City will provide displacees the assistance, rights and benefits required under State Relocation Law and Guidelines. The City's relocation program will provide both advisory and financial assistance. Every effort will be made to facilitate relocation arrangements and minimize hardships for displacees. B. Advisory Assistance Advisory assistance services are intended to inform displacees about the City's relocation program, help in the process of finding appropriate replacement facilities/space, facilitate claims processing and maintain a communication link with the City. To follow through on the advisory assistance component of the relocation program and assure that the City meets its obligations under the law, relocation staff will perform the following functions: 1. Distribute written information concerning the City's relocation program to each commercial displacee (See Exhibit "A"); 2. Personally inform all displacees of the nature of and procedures for obtaining available relocation assistance and benefits; 3. Determine the eligibility, needs and relocation preferences of each commercial displacee; 4. Maintain a database of available commercial space and distribute replacement site referrals for the duration of the Project; 5. Assist each eligible displacee with the preparation and submission of relocation assistance claims; 6. Make benefit determinations and payments in accordance with applicable law and City policy; 7. Assure that no displacee is required to move without a minimum of 90 days written notice to vacate; 8. Inform all persons subject to displacement of the City's policies with regard to eviction and property management; 9. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the City's decisions with respect relocation assistance; and -15- 10. Provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances. C. Relocation Benefits - Businesses Eligible businesses and non-profit organizations are entitled to select from the following: (i) compensation for actual reasonable and necessary moving and related expenses (Guidelines, §§ 6090, 6092 & 6094), or (ii) a fixed payment in lieu of a payment for actual reasonable moving and related expenses not to exceed $20,000 (Guidelines, §6100). 1. Payment for Actual Reasonable and Necessary Moving and Related Expenses (§ 6090) This payment may include the following costs: • Transportation of persons and property from the present location to the replacement location (costs are limited to a distance of 50 miles); • Packing, crating, uncrating, and unpacking personal property; • Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. Includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; • Storage of personal property for up to 12 months, at the City's discretion; • Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available; • The cost of any special license, permit, or certification required by the displaced business or organization to operate at the replacement location. Service charges or non-refundable fees required by law, licenses or permits needed to operate at the new location are eligible costs. Ineligible expenses related to the replacement site (except under Reestablishment) are those costs such as general occupancy licenses, occupancy permits, building permits, modifications to comply with ADA (Americans with Disabilities Act), or one-time assessments that any business would have to pay for occupancy of a property • Professional service fees pre -authorized by the City, involving architects, attorneys, engineers and other consultants whose services the City has been determined to be necessary for: (1) planning the move of the personal -16- property; (2) moving the personal property; or (3) installing the relocated personal property at the replacement location; • The purchase and installation of substitute personal property limited to the lesser of: (1) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City, subject to certain limitations; or (2) the replacement cost, less any proceeds from its sale or trade-in; • The modification of machinery, equipment or other personal property necessary to adapt it to the replacement location or to utilities available at the replacement location or modifying the power supply; • Actual direct losses of tangible personal property resulting from moving or discontinuing a business or non-profit organization, not -to -exceed the lesser of: (1) the fair market value of the property for continued use at its location prior to displacement less any proceeds from the property; or (2) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the City (Guidelines, § 6092). • Actual and reasonable expenses incurred in searching for a replacement business or non-profit organization location, not -to -exceed $1,000, and including compensation for transportation expenses; time spent searching for a reasonable location; meals; lodging; and, real estate broker or agent fees (Guidelines, § 6094); • A Reestablishment allowance of up to $10,000, available to nonprofit organizations and small businesses with no more than 500 employees. (Guidelines, § 6090(i)). Reestablishment allowance payments are made in addition to compensation provided for actual, reasonable and necessary moving expenses. Reestablishment allowance expense categories include, but are not limited to: o Repairs or improvements to the replacement property as required by Federal, State or local law, code or ordinance; o Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting business; o Construction and installation costs for exterior signing to advertise the business; o Provision of utilities from right-of-way to improvements on the replacement site; o Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting; -17- o Licenses, fees and permits when not paid as part of moving expenses; o Feasibility surveys, soil testing and marketing studies; o Professional services in connection with the purchase or lease of a replacement site; o Estimated increased costs of operation during the first 2 years at the replacement site for such items as: (i) Lease or rental charges; (ii) Personal or real property taxes; (iii) Insurance premiums, and (iv) Utility charges, excluding impact fees o Impact fees or one-time assessments for anticipated heavy usage; o Other items essential to the reestablishment of the business. 2. A Fixed Payment In Lieu of A Payment For Actual Reasonable Moving and Related Expenses (Guidelines, § 6100) Persons displaced from their business or farm operation and who are eligible for payments under Sections 6090, 6092, 6094, or 6096 of the Guidelines may elect to receive and shall be paid, in lieu of such payments, an a payment that is not less than $1,000 or more than $20,000 (Guidelines, § 6100(a)(1)). The in lieu payment amount available to any individual business is based on an average of annual net earnings over a two year period. For businesses that have not been in operation for two years, certified income figures for periods of less than two years can be annualized. The method for establishing income is through tax returns and/or certified financial statements. The payment to an eligible business or non-profit organization may not be less than $1,000 or more than $20,000 (Guidelines, §6100(a)). To qualify for this payment a displaced business must satisfy the eligibility conditions set forth in Section 6100(b) of the Guidelines: • The business owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in such move; • The business is not operated at the displacement site solely for the purpose of renting the site to others; • Cannot be a part of a commercial enterprise having at least three other establishments that are not being acquired by the City, and which is under the same ownership and engaged in the same or similar business activities; and • Must not be able to relocate without substantial loss of patronage; and -18- • Must have contributed at least 33 a percent of the owner's total gross income during each of the 2 taxable years prior to displacement or meet specific earnings criteria. D. General Information on Payment of Relocation Benefits Claims and supporting documentation for relocation benefits must be filed with the City within 18 months from: (i) The date the claimant moves from the acquired property; or (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 1. Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2. Payment amounts will be determined in accordance with the provisions of the State relocation law and guidelines; 3. Required claim forms will be prepared by relocation personnel and reviewed with claimants. Signed claims and supporting documentation will be submitted by relocation personnel to the City; 4. The City will review all claims for payment and determine whether to approve, deny, or seek additional information; 5. The City will issue benefit checks for distribution to claimants by relocation staff; 6. Final payments will be issued only after confirmation that the Project area premises have been completely vacated and when applicable occupancy of the replacement site is verified; 7 All correspondence, back-up documentation, claims, receipts of payment and notices will be maintained in the relocation case file. -19- VII. ADMINISTRATIVE PROVISIONS A. Relocation Tax Consequences In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. The above statement on tax consequences is not intended to be provision of tax advice by the City. Displacees should consult their own tax advisors regarding the tax consequences of relocation payments. B. Grievance Procedures All grievances will be heard by the City following standards described in Section 6150 et seq. of the Guidelines. Displacees will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, the amount of payment, the failure to provide comparable replacement housing referrals or the City's property management practices. C. Eviction Policy Under the Guidelines, eviction is permissible only as a last alternative (Guidelines, § 6058). With the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits other than the possible deduction of back rent. Relocation records will be documented to reflect the specific circumstances surrounding the eviction. D. Projected Dates of Displacement The relocation of businesses displaced by the Project is expected to commence in the fall of 2011. The City has approved funding for acquisition of the real property interests needed for the construction of the Project and to provide the applicable relocation assistance and benefits to the displaced businesses. City staff expects the relocation of the businesses displaced by the Project to be completed in 2012. E. Estimated Relocation Costs The total budget estimate for relocation -related payments for this Project, including a 10 percent contingency, is estimated to range from $400,000 to $650,000, depending on the final move related expenses necessary for relocation at the replacement locations. The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. -20- EXHIBIT "A" RELOCATION ASSISTANCE TO DISPLACED BUSINESSES, NONPROFIT ORGANIZATIONS AND FARMS Introduction Every owner or tenant who is displaced from property on which the owner or tenant operates a business, farm or non-profit organization as a result of the acquisition of the subject property by a public entity is protected under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.) (referred to below as the URA) or the California Relocation Act and Guidelines. The California Relocation Act is found at California Government Code Section 7260 et seq.) and the California Relocation Assistance and Real Property Acquisition Guidelines are set forth at Chapter 6 of Title 25 of the California Code of Regulations (referred to below collectively as the California Relocation Law). This pamphlet describes information regarding relocation payments and other relocation assistance provided under the URA and California Relocation Law to displaced businesses, nonprofit organizations and farms. This includes any such occupant that moves from real property, or moves personal property from real property, as a direct result of rehabilitation, demolition, and/or acquisition. If you are notified that you will be displaced, it is important that you do not move before learning what you must do to receive the relocation payments and other assistance to which you are entitled. Recent Federal legislation specifies that relocation benefits are only available to legal residents of the United States. Pursuant to Public Law 105-117, aliens not lawfully present in the United States are not eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. Accordingly, if federal funds are involved in the project that will result in the displacement of your business, the business owners will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. This pamphlet is a summary of the URA and California Relocation Law and may not answer all of your questions. If you have additional questions about the relocation process, advisory assistance and benefits, please contact Shannon Winder, the Relocation Agent working on the project, by telephone at (951) 289-2593 (mobile phone number) or by electronic mail at shannonwinderacorridoranalysis.com. Relocation regulations are complicated and difficult to interpret. Thus, persons reading this brochure are urged not to form advance opinions as to the benefits and amounts to which they may be entitled. Strict requirements must be met before eligibility can be established and payment benefits determined. Premature action may jeopardize your eligibility for a relocation payment. The Relocation Agent is available to assist you with the relocation process and answer any of your questions. A- 1 Summary of Relocation Assistance As an eligible displaced person you will be offered the following advisory and financial assistance: • Advisory Services- These services include referrals to suitable replacement locations, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. The Relocation Agent will: ✓ Maintain contact with the business owner through the relocation process in order to determine the needs and preferences for a replacement location. The Relocation Agent will take into account several items, including the space, location, site configuration, cost, and zoning. ✓ Assist in determining the need for outside specialists to plan, move and install personal property. ✓ Assist in identifying and resolving any issues regarding what is real and what is personal property to be moved. ✓ Assist in filing claims for the various types of relocation payments, including the type of documentation required to support the amount being claimed. ✓ Provide referrals to available replacement sites. ✓ Explain which moving costs are eligible for reimbursement and which are not eligible. ✓ Maintain confidentiality regarding all matters related to the business operation. ✓ Provide assurance that the business will not be required to move until the public entity has provided at least 90 days advance written notice of the specific date by which the property must be vacated. • Payment for Moving and Reestablishment Expenses- This payment includes payments for moving, reestablishment and related expenses. These type of payments fall into two general categories: ✓ Every displaced person is eligible to receive a Payment for Actual Reasonable Moving and Related Expenses. If you choose this payment, you may also be eligible for a Payment for Reestablishment Expenses, up to $10,000. ✓ Certain persons are eligible to choose a Fixed Payment as an alternative to the payments for moving and reestablishment expenses. If you disagree with the public entity's decision as to the relocation assistance for which you are eligible, you may appeal the decision. A- 2 General Questions How will I know if I am eligible for Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You should not move before receiving that notice. If you do, you may not be eligible for relocation assistance. How will the public entity know how much help I need? You will be contacted at an early date and personally interviewed by the Relocation Agent to determine your relocation needs and preferences for a replacement location and other services. The interviewer will ask about such matters as your space requirements. It is to your advantage to provide the information so that the public entity can assist you in moving with a minimum hardship. The information you give will be kept in confidence. How soon will I have to move? Every reasonable effort will be made to provide you with sufficient time to find and reestablish your business in a suitable replacement location. If possible, a mutually agreeable date for the move will be negotiated with you. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice. It is important however, that you keep in close contact with the Relocation Agent so that you are aware of the time schedule for carrying out the project and the approximate date by which you will need to move. How will I find a replacement location? The Relocation Agent will provide you with current information on available replacement locations that meet your needs. The Relocation Agent may also provide you with the names of real estate agents and brokers who can assist you in finding the type of replacement location you need. Even though the Relocation Agent will assist you in obtaining a suitable replacement location, you should take an active role in finding and relocating to a location of your choice. No one knows your needs better than you. Finding a facility that provides sufficient space for your planned activities is important. You will also want to assure that there are no zoning or other requirements which will unduly restrict your planned operations. The Relocation Agent will explain the kinds of moving and reestablishment costs that are eligible for repayment and which are not eligible. That will enable you to carry out your move in the most advantageous manner. What other assistance will be available to help me? In addition to help finding a suitable replacement location, other assistance as necessary, will be provided by the Relocation Agent. This includes information on Federal, State and local programs that may be of help in reestablishing a business. For example, the Small Business Administration (SBA) provides managerial and technical A- 3 assistance to some businesses. The Relocation Agent will assist you in applying for help available from government agencies. The range of services depends on the needs of the business being displaced. You should ask the Relocation Agent to tell you about the specific services that will be available to assist you. I have a replacement location and want to move. What should I do? Before you make any arrangements to move notify the Relocation Agent, in writing of your intention to move. This should be done at least 30 days before the date you begin your move. The Relocation Agent will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met and how to obtain a payment. I plan to discontinue my business rather than move. What should I do? If you have decided to discontinue your business rather than relocate, you may still be eligible to receive a payment. Contact the Relocation Agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible and the requirements that must be met to obtain the payment. I own this property. Will I be paid for it before I have to move? If you reach a negotiated agreement to sell your property to a public entity, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your money will not affect your right to seek additional compensation for your property.) Ask the Relocation Agent to provide you a copy of the HUD information brochure, When a Public Agency Acquires Your Property. If you have any questions about the acquisition of your property, please contact the public entity. What is a Payment for Actual Reasonable Moving and Related Expenses? If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may include in your claim the reasonable and necessary cost of: • Transportation of personal property from your present location to the replacement location. Generally, transportation costs are limited to a distance of 50 miles. If you plan to move beyond 50 miles, discuss your planned move with the Relocation Agent. • Packing, crating, uncrating and unpacking the personal property. A-4 • Disconnecting, dismantling, removing, reassembling and installing relocated and "substitute" machinery, equipment and other personal property. This includes connection to utilities available nearby. It also includes modifications to the personal property that are necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site and modifications necessary to adapt the utilities at the replacement site to the personal property. • Storage of personal property for a reasonable period of time, if required. • Insurance for the replacement value of the personal property in connection with the move and necessary storage. Where insurance is not available on reasonable terms, the Relocation Agent may elect to "self -insure" the replacement value of the property lost, stolen, or damaged in the move (but not through your neglect). • Any license, permit, or certification required of the displaced person at the replacement location. However the cost must be reasonable and necessary to reestablish at the replacement location and the payment may be based on the remaining useful life of the existing permit, license, or certification. • Professional services necessary for: ✓ Planning the move of the personal property ✓ Moving the personal property ✓ Installing relocated or substitute personal property at the replacement location • Relettering signs and replacing stationary on hand at the time of displacement and made obsolete as a result of the move. • The reasonable cost incurred in attempting to sell an item that is not relocated. • Actual direct loss of tangible property. This payment provides compensation for property that is neither moved nor promptly replaced with a "substitute" item at the replacement location. Payment is limited to the lessor of: ✓ The estimated cost of moving and reinstalling the personal property ✓ The market value of the property for its continued use at the old location, less any proceeds for its sale. To be eligible, you must make a good faith effort to sell the property, unless the Relocation Agent determines that such effort is not necessary. Payment for the loss of goods held for sale shall not exceed the cost of the goods to the displaced person. A- 5 • Purchase and installation of substitute personal property. This payment is made when an item of personal property is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site. Payment will be limited to the lesser of: ✓ The estimated cost of moving and reinstalling the item, or ✓ The actual cost of the substitute item delivered and installed at the replacement location, less any proceeds from the sale or trade-in of the replaced item. It is important that you discuss your plans with the Relocation Agent before you proceed. • Searching for a replacement location. Generally, this payment may not exceed $1,000. It covers costs for: ✓ Transportation expenses. ✓ Time spent searching for a replacement location, based on reasonable salary or earnings. ✓ Reasonable fees paid to a real estate agent or broker to find a replacement location (not fees related to the purchase of the site) ✓ Meals and lodging away from home. The Relocation Agent will explain all eligible moving and related costs, as well as those which are not eligible. It is necessary that you keep all of your receipts because you must be able to account for all costs that you incur in connection with the relocation of the business. The Relocation Agent will inform you of the documentation needed to support your claim. You may minimize the amount of documents needed to support your claim, if you elect to "self -move" your personal property. Payment for a self -move is based on the amount of an acceptable low bid or estimate obtained from professional movers. If you self - move, you may use your own employees and equipment or a commercial mover. If you and the Relocation Agent cannot agree on an acceptable amount to cover the cost of the self -move, you will have to submit full documentation in support of the amount you are requesting for the moving costs. You may elect to pay your moving costs yourself and be repaid by the public entity or, if you prefer, you may have the public entity pay the mover directly. In either case, select your mover with care. The Relocation Agent can help you select a reliable and reputable mover. Also, keep the Relocation Agent informed about your moving plans. You must provide the Relocation Agent reasonable advance written notice of the approximate date of the start of your move or disposition of your personal property and a list of the items to be moved, unless the Relocation Agent agrees to waive this requirement. And you must A- 6 permit the Relocation Agent to make reasonable and timely inspections of the personal property at the old and new locations and to monitor the move. What is a Payment for Reestablishment Expense? If you choose to receive a payment for your actual moving and related expenses, you may also be eligible to receive Payment for Reestablishment Expenses, not to exceed $10,000. Such expenses include the reasonable and necessary cost of: • Repairs or improvements to the replacement real property as required by Federal, State, or local law, code or ordinance. • Modifications to the replacement property to accommodate the business operation or make a replacement structure suitable for conducting the business. • Construction and installation costs for exterior signs to advertise the business. • Provision of utilities from the right of way to improvements on the replacement site. • Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. • Licenses, fees and permits that are not paid as part of moving expenses • Feasibility surveys, soil testing and marketing studiers. • Advertisement of the replacement location. • Professional services and incidental expenses in connection with the purchase or lease of a replacement property. • Estimated increased costs of operation during the first 2 years at the replacement site for such items as: ✓ Lease or rental charges ✓ Personal or real property taxes ✓ Insurance premiums ✓ Utility charges, excluding impact fees • Impact fees or one-time assessments for anticipated heavy utility usage. What is a Fixed Payment (In Lieu Payment)? Certain businesses, non-profit organizations, and farms are eligible to obtain a Fixed Payment. If you receive this payment, you will not receive a Payment for Actual A- 7 Reasonable Moving and Related Expenses or a Payment for Reestablishment Expenses. The Fixed Payment to a business or farm operation is based on the average annual net earnings of the business or farm operation. The Fixed Payment to a non- profit organization is based on average annual expenses and revenue. A Fixed Payment will not be less than $1,000, or more than $20,000. To qualify for a Fixed Payment: • A displaced business must either discontinue operations or be unable to relocate without a substantial loss of existing patronage, meet certain minimum income requirements, and not be part of a commercial enterprise having more than three other entities under the same ownership engaged in the same or similar business activities that are not being displaced. • A displaced non-profit organization must discontinue operations or be unable to relocate without a substantial loss of its existing patronage. • A displaced farm operation must meet certain minimum income requirements. Ordinarily, to be eligible for the minimum Fixed Payment a displaced business or farm must have: ✓ Had average annual gross receipts of at least $5,000, or ✓ Had average annual net earnings of at least $1,000, or ✓ Contributed 1/3 of the owner's or operator's average gross income for two tax years prior to displacement. The public entity will inform you as to your eligibility for this payment and the documentation you must submit to support your claim. Remember, when you elect to take this payment you are not entitled for reimbursement for any other moving expenses. Must I File a Claim for a Relocation Payment? Yes. You must file a claim for a relocation payment. The Relocation Agent will provide you with the required claim form, help you complete it, and explain the type of documentation that you must submit in order to receive the payment. If you must pay any relocation expenses before you move (i.e. a security deposit to lease a new location), discuss your needs with the Relocation Agent. You should be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you are displaced from property you own, you must file within 18 months after the later A-8 of: (i} the date you move, or (ii} the date you receive the final acquisition payment. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner if can be processed and paid. If you are unable to file your claim within 18 months, ask the Relocation Agent about whether it is possible to extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you must take to resolve the matter. Will I have to pay Rent to the Public Entity before I Move? If the public entity acquires your property, you may be required to pay a fair rent to the public entity for the period between the acquisition of the property and the date you move. Such rent will not exceed the market rent for comparable properties in the area. Do I have to pay Federal Income Taxes on my Relocation Payment? No. Section 216 of the URA states that you are not required to report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. If I do not Receive the Required Assistance, can I Appeal? Yes. If you disagree with the public entity's decision as to your right to a relocation payment or the amount of a payment, you may appeal the decision of the public entity. The public entity will inform you of its appeal procedures. At a minimum, you will have 60 days to file your appeal with the public entity after you receive written notification of the public entity's determination on your claim. Your appeal must be in writing. However, if you need help, the Relocation Agent will assist you in preparing your appeal. If you are not satisfied with the public entity's final decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who will Answer Them? If you have further questions after reading this brochure, contact the Relocation Agent and discuss your concerns with the Agent. A-9 Please do not hesitate to call me anytime regarding the above information. Sincerely, Shannon Winder Relocation Agent (951) 289-2593 cell shannonwinder©corridoranalysis.com REQUESTS TO SPEAK Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. /c,/ / Subject `104,)-it-E4A.-Y9il, • // I-1 For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: 7/27}L Phone: Address: City/State/Zip Ods 9d I wish to speak on Agenda Item No. If you are representing an organization or group, please give the name: Date 3 Subject REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. P1eae go to the public podium and state your name for the record. /13 2/Z c72`S I wish to speak on Agenda Item No. � /54? e<T ❑ For 71Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: C Phone: Addressc�< ���- State/Zip c%-'i//e001— e4 .�2S . If you are representing an organization or group, please give the name: Date Subject For REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. / 3 // I wish to speak on Agenda Item No. Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: ll ert) Address: Phone: City/State/Zip/ �� l 9,2.,5-9_2_- ; i If you are representing an organization or group, please give the name: 6 ,% 3 ",. REQUEST TO SPEAK CITY OF TEMECULA Date Subject After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. ))3/./-c r1-2 YCLI/1 S 17\ I wish to speak on Agenda Item No. For Against Jblic Comment Please note that all information presented at a City Council meetin becomes public record. fjAll information provided is optional. � i� Name: , V Q j I �(% k (9 Vt Pho e: �% / Address: �� City/State/Zip If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Subject y(V) Lti v) Vl\ACC. " I wish to speak on Agenda Item No. nFor Against Public Comment Please note that all information presented at a City Council meeting becomes public record. ,,j All information provided is optional. (r3 MidI Name: :'l TCS U►( b� 1. 1 Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: 5 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date ! —0 /ta?- I wish to speak on Agenda Item No. Subject C' L. 70 t.4J V 7-077 L L; /4 4 cc.iroC , ❑ For ❑ Against pPublic Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: t��� / L P10/09 Phone: % Address: ,.., State/Zip G `� If you are representing an organization or group, please give the name: c 6� REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 3 - 1 3 - 1 2 I wish to speak on Agenda Item No. ,, I Subject Q 61-(0‘J M A R r` CI- ❑ For 121 Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: le 1/ 1 1 j I 6 C k &R Phone: / Address: City/State/Zip T M C Ca. g G4 a If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date , 9/BA / Subject -1-Zel— ...or ❑ For ❑ Against ❑ Public Comment I wish to speak on Agenda Item No. Please note that all information presented at a City Council meeting becomes public record All information provided is optional Name: 0-/ylit-e n/ Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: 6 Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. I wish to speak on Agenda Item No. Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: i1%'� Phone: Address: City/State/Zip 4 If you are representing an organization or group, please give the name: 9 REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 3 ` /3 r" I wish to speak on Agenda Item No. Subject Li'�, ='a rr/ For n Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: /i r] csc" t Phone: Address: City/State/Zip %' u /cc If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. iJ-- 1 2.--- I wish to speak on Agenda Item No. Subject 10 PrA- b) i L. C tr'''nY%lf-1443 El For Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Address: Phone: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 3 — / 3 % Z I wish to speak on Agenda Item No. Subject i j Q' "( For Zi Against Public Comment Please note that all information presented at a City Council meetin becomes public record. All information provided is optional. Name: NO ,()# AR40 x2 PL Phone: Address: % �. City/State/Zip 071.161-/ CC')72 L,,Iv ,Vtre—, If you are representing an organization or group, please give the name: