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032712 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 27, 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. 6:15 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 real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by Donald Fischer consisting of approximately 10.96 acres (APN 940-300-026) located on the escarpment west of the City limits in unincorporated Riverside County. The parties to the negotiations for the purchase of the property are the Donald Fischer, Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by the Successor Agency to the Temecula Redevelopment Agency consisting of approximately 30.2 acres (APN 909-370-002) located northwesterly of Diaz Road and Dendy Parkway. The parties to the negotiations for an amendment to the terms of sale of this property are: Agua Caliente Inc., the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula. Negotiators for the Successor Agency to the Temecula Redevelopment Agency and City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are the price and terms of the sale of the property to Agua Caliente Inc. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Bret Paddock 1 Next in Order: Ordinance: 12-04 Resolution: 12-25 Invocation: Associate Pastor Felicia Brown of Imani Temple of Temecula Church of God in Christ Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Assistance League — Certificate of Appreciation for Operation School Bell Temecula Target — Certificate of Appreciation for Holiday Helpers Shopping Day Certificate of Commendation for Josiah Bierle 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 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of March 13, 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 4 Spending Authorization for Debt Service and Shelter Costs payable to Southwest Communities Financing Authority for Fiscal Year 2011-12 and Fiscal Year 2012-13 RECOMMENDATION: 4.1 Approve the additional expenditure for Fiscal Year 2011-12 payable to Southwest Communities Financing Authority(SCFA)/County of Riverside for debt service in the amount of $1,876 for a total debt service payment of $44,263; 4.2 Approve the expenditure for Fiscal Year 2012-13 payable to Southwest Communities Financing Authority/County of Riverside for animal shelter operation costs and debt service in the amount of $343,035; 4.3 Authorize the City Manager to approve additional sheltering and debt service costs to SCFA/County of Riverside in the amount of $15,000. 5 Support for Senate Bill 986, Senate Bill 654, Assembly Bill 1585 and all other future Senate and Assembly Bills that intend to clarify and cleanup Assembly Bill ABX1 26 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE ADOPTION OF SB 986, SB 654, AB 1585 AND ALL FUTURE LEGISLATION CLARIFYING ABX1 26 3 6 Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. for Fiscal Year 2011-12 RECOMMENDATION 6.1 Approve an annual agreement with Inland Empire Property Services, Inc., to provide Weed Abatement Services for Fiscal Year 2011-12 in the amount of $40,000. 7 Agreement for consulting services between the City of Temecula and Environmental Science Associates (ESA) for preparation of an Environmental Impact Report (EIR) for the Bella Linda residential project RECOMMENDATION: 7.1 Approve an agreement for consulting services between the City of Temecula and Environmental Science Associates (ESA) for preparation of an Environmental Impact Report (EIR) in the amount of $249,580 for the Bella Linda residential project, located at the northeast corner of Pechanga Parkway and Loma Linda Road. 8 City of Temecula Partnership with County of Riverside to provide space for Mobile Medical Unit in the Mary Phillips Senior Center RECOMMENDATION: 8.1 Approve the agreement between the County of Riverside and City of Temecula for the provision of space for a Mobile Medical Unit at the Mary Phillips Senior Center approved by the County of Riverside. 9 Fourth Amendment to the Agreement with KRW & Associates for Engineering Plan Check, Map, and Legal Description Review for Fiscal Year 2012-13 RECOMMENDATION: 9.1 Approve a Fourth Amendment to the Agreement with KRW & Associates in the amount of $15,000 for Engineering Plan Check, Map, and Legal Description Review for Fiscal Year 2012-13. 10 Construction Contract for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04 RECOMMENDATION: 10.1 Accelerate the appropriation and funding in the amount of $200,000 from the construction line item for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04, from Fiscal Year 2012-13 to Fiscal Year 2011-12; 4 10.2 Award a construction contract for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04, to Flatiron West, Inc. in the amount of $13,780,137.50; 10.3 Authorize the City Manager to approve change orders up to 10% of the contract amount, $1,378,013.75; 10.4 Make a finding that the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Agreement for Environmental Consulting Services for Murrieta Creek Bridge and Overland Drive Extension, PW00-26 RECOMMENDATION: Approve an agreement for environmental consulting services for Murrieta Creek Bridge and Overland Drive Extension, PW00-26 with Bonterra Consulting in the amount of $135,010; 11.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $13,501 which is equal to 10% of the total agreement amount. ******************** 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 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of March 13, 2012. CSD DEPARTMENTAL REPORT 13 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 10, 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 DEPARTMENTAL REPORTS 14 Planning Department Monthly Report 15 Public Works Department Monthly Report 16 Economic Development Department Monthly Report 17 City Council Travel/Conference Report - February 2012 18 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 10, 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.cityoftemecuia.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 8 PRESENTATIONS City of Temecula Certificate of Appredation Presented on behalf of the City Council and the citizens of the City of Temecula to: Assistance League of Temecula Valley Through the Assistance League's "Operation School Bell" program, in the fall of 2011, 314 needy students currently enrolled in the Temecula Valley Unified School District, were invited with their parents to shop at Kohl's to select new school clothing for their upcoming school year. The City would like to thank the Assistance League for their philanthropic programs and staff members who donated approximately 31,000 hours of volunteer service and provided $27,103.22 to this program. This is the first year Operation School Bell was able to provide clothing needs from a retail location instead of the Assistance League facility on Via Montezuma in Temecula. In addition, the Assistance League gave 36 gift cards to the student residents of Rancho Damacitas to purchase new school clothing for a total of $3,600.00. It is with honor that we present this Certificate of Appreciation to the Assistance League of Temecula Valley for caring for the youth of our community. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty- seventh day of March, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk City of Temecula Certificate of Appredation Presented on behalf of the City Council and the citizens of the City of Temecula to: Temecula Target and Manager Susan D. Virrey, for providing a special "Holiday Helpers Event" at the Temecula Target on December 7, 2011. During the event, Holiday Helpers focused on assisting guests and children with disabilities on finding everything on their holiday shopping lists. Guests received a $5 off coupon toward their purchases, a keepsake photo of the special event, as well as the opportunity to visit with "Santa". The City of Temecula would like to thank the employees of Target who volunteered their time to assist families who have children with special needs the opportunity to enjoy a "positive shopping experience". Your commitment to your community and the selfless service you provided is an example why Temecula is a community where unity and kindness abound. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty- seventh day of March, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Commendation The City Council of the City of Temecula commends the outstanding achievement of Josiah Bierle on his recent award of the Congressional Bronze Medal. Josiah completed 100 hours of community service, which he accomplished by volunteering 48 hours at the Temecula Public Library and 56 hours as a Junior Lifeguard for the Temecula Aquatics Department. He also had to undertake 50 hours of personal development, 50 hours of physical fitness training, and setting and achieving other specific personal goals. At the young age of 14, we commend Josiah for his achievements and wish him continuing success. We thank him for his service to his community and his strong sense of goals and values. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty- seventh day of March, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MARCH 13, 2012 — 7:00 PM 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 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 1 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. At 5:30 P.M., Mayor Washington called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor 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 PUBLIC COMMENTS The following individuals addressed the City Council: • Kathryn Krek — Temecula • Lorena Spencer — Temecula • Don Skaggs — Temecula • Evelyn Honea • Erika Campos • Craig Puma - Temecula • Brian Bleecker - Temecula • Bobbe Wilder • Kathleen Hamilton - Temecula • Ann Loree - Temecula CITY COUNCIL REPORTS 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of January 31, 2012 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 3 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 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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. 8 Second reading of Ordinance No. 12-02 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 8.1 Adopt an ordinance entitled: 4 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 reading of Ordinance No. 12-03 — Approved Staff Recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval with Council Members Naggar and Roberts absent. 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 At 8:01 P.M., the City Council convened as the Temecula Community Services District. At 8:10 P.M., the City Council resumed with regular business. PUBLIC HEARING 11 Relocation Plan for the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, PW00-26 — Approved staff recommendation (3-0-2, Council Members Naggar and Roberts absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote showed unanimous approval with Council Members Naggar and Roberts absent. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12-24 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. 5 By way of a Power Point presentation, Principal Engineer, Amer Attar, presented the staff report as per agenda material. Mayor Washington opened the public hearing. City Clerk Jones called the public speaker. • Howard Omdahl There being no additional speakers, the public hearing was closed. CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to Closed Session Item No. 1, there was no action to report. With regard to Item No. 2A, Mr. Thorson noted no action to report. With respect to Items 2B, 2C, 2D, 2E and 2F, City Attorney Thorson noted that the City Council unanimously approved the appraisals and authorized offers to be made to the City of Murrieta. ADJOURNMENT At 8:36 P.M., the City Council meeting was formally adjourned to 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 ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 6 Chuck Washington, Mayor Item No. 3 Approvals City Attorney Director of Finance City Manager yotAi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: March 27, 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 $3,478,671.79. 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 27th 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 27th 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 03/01/2012 TOTAL CHECK RUN $ 2,431,716.99 03/08/2012 TOTAL CHECK RUN 633,008.21 03/01/2012 TOTAL PAYROLL RUN: 413,946.59 TOTAL LIST OF DEMANDS FOR 03/27/2012 COUNCIL MEETING: $ 3,478,671.79 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,003,574.21 130 RECOVERY ACT JAG FUNDING 11,987.14 150 AB 2766 FUND 1,636.10 165 AFFORDABLE HOUSING 35,359.13 170 MEASURE A FUND 677.40 190 TEMECULA COMMUNITY SERVICES DISTRICT 231,658.41 192 TCSD SERVICE LEVEL B 332.92 194 TCSD SERVICE LEVEL D 3,657.25 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,771.54 197 TEMECULA LIBRARY FUND 9,808.91 210 CAPITAL IMPROVEMENT PROJECTS FUND 209,002.96 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,900.00 300 INSURANCE FUND 16,712.50 320 INFORMATION TECHNOLOGY 88,216.79 330 SUPPORT SERVICES 13,187.87 340 FACILITIES 36,459.17 395 2011 FINANCING LEASE 2001 & 2008 COPS 344,782.81 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 735.00 477 CFD- RORIPAUGH 98.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 110.74 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 117.80 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 122.33 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 33.15 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 206.60 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 66.49 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 73.79 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 390.06 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 25.25 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 30.11 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 28.98 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 575.36 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 392.45 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 81.11 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 34.79 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 11,052.55 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 24.43 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 383.55 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 110.34 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 314.47 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 28,415.82 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 29.20 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 29.27 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 315.58 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 57.56 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 24.53 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 31.59 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 314.11 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.34 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,770.74 $ 3,064,725.20 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 245,830.88 165 AFFORDABLE HOUSING 12,668.31 190 TEMECULA COMMUNITY SERVICES DISTRICT 89,117.36 192 TCSD SERVICE LEVEL B 365.90 194 TCSD SERVICE LEVEL D 1,648.87 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 995.29 197 TEMECULA LIBRARY FUND 1,190.82 300 INSURANCE FUND 1,368.58 320 INFORMATION TECHNOLOGY 18,698.76 330 SUPPORT SERVICES 6,447.51 340 FACILITIES 11,284.04 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 81.33 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 64.49 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.83 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 131.21 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.89 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.69 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 222.85 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.75 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.08 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.16 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 148.64 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.63 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.21 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.96 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.14 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.01 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 137.81 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 73.60 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 199.61 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 338.13 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.39 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.88 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 190.13 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.35 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.75 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.88 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 280.31 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.00 700 CERBT CALIFORNIA EE RETIREE-GASB45 22,119.11 413,946.59 TOTAL BY FUND: $ 3,478,671.79 apChkLst Final Check List Page: 1 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1880 02/29/2012 014685 COMPASS BANK '01 &'08 cert/participation debt svc 344,782.81 344,782.81 1881 03/01/2012 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1882 03/01/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,503.92 2,503.92 SOLUTION 1883 03/01/2012 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 88,798.54 PREMIUM Blue Shield HMO Payment 0.00 88,798.54 1884 03/01/2012 000444 INSTATAX (EDD) State Disability Ins Payment 20,977.41 20,977.41 1885 03/01/2012 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,865.38 7,865.38 1886 03/01/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 131,002.96 131,002.96 RETIREMENT) 1887 03/01/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,671.12 14,671.12 SOLUTION 1888 03/01/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 73,578.06 73,578.06 150567 03/01/2012 003552 AFLAC AFLAC Cancer Payment 3,065.74 3,065.74 150568 03/01/2012 009374 ALLEGRO MUSICAL VENTURES piano tuning svc: theater 170.00 170.00 150569 03/01/2012 006915 ALLIES PARTY EQUIPMENT equip rental:old town 12/31/11 1,832.82 misc rental equip: tcsd 2/8 4840 1,881.22 150570 03/01/2012 013015 ALWAYS RELIABLE BACKFLOW backflow repairs:crc/old town 689.00 backflow repairs: var parks 650.00 backflow repairs:var city locations 1,810.00 backflow repairs:crc 3,280.00 150571 03/01/2012 004422 AMERICAN BATTERY signal batteries: pw traffic CORPORATION 6,429.00 240.28 240.28 150572 03/01/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 496.18 (AFN) Mar Stand By Fee: Police 1,248.00 DUI & drug screenings: Police 466.18 2,210.36 Pagel apChkLst Final Check List Page: 2 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150573 03/01/2012 014235 AND ALL THAT JAZZ Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 227.50 136.50 318.50 91.00 773.50 150574 03/01/2012 013950 AQUA CHILL OF SAN DIEGO Feb drinking water: police 26.94 Feb drinking water: civic center 148.70 175.64 150575 03/01/2012 014537 ASM AFFILIATES, INC Dec monitoring:ped/bicycle bridge 567.75 567.75 150576 03/01/2012 014377 ATYIM, TAMMY, A. TCSD Instructor Eamings 784.70 784.70 150577 03/01/2012 007065 B & H PHOTO VIDEO INC video production equip:info tech 2,663.10 2,663.10 150578 03/01/2012 012938 B & T WORKS INC JAN CONST:CONCRETE REPAIRS 2,972.37 2,972.37 CITYWIDE 150579 03/01/2012 004205 BALLET FOLKLORICO TCSD Instructor Eamings 210.00 210.00 150580 03/01/2012 010354 BATTERIES PLUS #316 battery supplies: Theater 102.80 102.80 150581 03/01/2012 004040 BIG FOOT GRAPHICS TCSD instructor earnings 595.00 595.00 150582 03/01/2012 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,363.88 DUI & drug screenings: Police 2,254.20 DUI & drug screenings: Police 571.00 4,189.08 150583 03/01/2012 008605 BONTERRA CONSULTING 12/9-1/13 CNSLT:RRSP DESILTING BASIN 150584 03/01/2012 014329 BOOK WHOLESALERS, INC 150585 03/01/2012 014299 BOOKS ON TAPE 150586 03/01/2012 001054 CALIF BUILDING OFFICIALS 150587 03/01/2012 000131 CARL WARREN &COMPANY INC 150588 03/01/2012 014677 CHALMERS, CHANTE (1) BOOK: LIBRARY (1) BOOK: LIBRARY (12) BOOKS: LIBRARY (4) BOOKS: LIBRARY (9) books on tape: library (2) books on tape: library 12/13 CALBO mb: B&S Jan liability claims mgt svc:finance refund:The Secret book 914.63 914.63 15.18 11.93 183.46 53.57 397.56 64.65 215.00 770.15 264.14 462.21 215.00 770.15 23.95 23.95 Page2 apChkLst Final Check List Page: 3 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150589 03/01/2012 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 150590 03/01/2012 009905 COMPRISE TECHNOLOGIES software license/maint: info tech INC 150591 03/01/2012 000442 COMPUTER ALERT SYSTEMS alarm repair: ch museum alarm repair: civic center 150592 03/01/2012 002945 CONSOLIDATED ELECTRICAL misc supplies: tcsd maint DIST. 150593 03/01/2012 001264 COSTCO WHOLESALE 150594 03/01/2012 001264 COSTCO WHOLESALE 150595 03/01/2012 002631 COUNTS UNLIMITED INC 150596 03/01/2012 010650 CRAFTSMEN PLUMBING & HVAC INC 150597 03/01/2012 013560 CROWN BUILDING MAINT CO INC MISC SUPPLIES: DOG HOUSE PGRM Artist Hospitality: Theater digital camera: TV Museum misc supplies: info tech misc supplies:ground breaking 2/14 4/12-4/13 mb: 000111667050820 traffic count svcs: pw traffic plumbing svcs: tcc 51.00 51.00 9,825.40 9,825.40 75.00 313.01 388.01 323.25 323.25 704.19 191.16 134.72 129.47 427.06 110.00 1,586.60 110.00 500.00 500.00 215.00 PLUMBING REPAIRS: TCC 842.95 plumbing svcs:paloma del sol park JAN JANITORIAL SVCS: CITY FACILITIES JAN JANITORIAL SVCS: FLD OP CTR JAN JANITORIAL SVCS: HARVESTON PK JAN JANITORIAL SVCS: HARVESTON 950.00 2,007.95 4,077.02 763.80 131.84 233.96 5,206.62 150598 03/01/2012 014364 CUNNINGHAM, GRISELDA TCSD Instructor Eamings 210.00 CLEMENTINA TCSD Instructor Eamings 759.50 969.50 150599 03/01/2012 014674 CVALE comm volunteers cf 3/28:ST/ST/LH 75.00 75.00 150600 03/01/2012 012600 DAVID EVANS &ASSOCIATES JAN CNSLT: BUTTERFIELD RD EXT 1,986.00 1,986.00 INC 150601 03/01/2012 014678 DAVIS, JOSEPH refund: sec dep: Harveston Ctr 200.00 200.00 150602 03/01/2012 003317 DOMENOE, CHERYL reimb:supplies bdg wksp/council mtg 148.29 148.29 Pages apChkLst Final Check List Page: 4 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150603 03/01/2012 011202 EMH SPORTS & FITNESS INSTITUTE Description Amount Paid Check Total TCSD instructor earnings 266.00 TCSD instructor earnings 196.00 TCSD instructor earnings 378.00 840.00 150604 03/01/2012 003347 FIRST BANKCARD CENTER 006952 PAYPAL PR regist:3rd dist econ dv 3/21 140.00 006952 PAYPAL AA Verisign Payflow Pro Transaction 225.70 AA billing adj reversal Jan fee -0.50 AA billing adj reversal jan fee -110.00 014684 SNAP LOCK INDUSTRIES AA dance floor recreation activities 996.52 AA billing adj reversal Jan fee -7.13 008669 VONS AA refreshments: tcsd mtg 1/31 23.52 014583 PALUMBO'S RISTORANTE, LLC GB lunch:pub trffc safety comm 74.35 014563 JUSTICE CENTER METERED GB parking: liberty quarry mtg 1/30 2.00 008567 GODADDY.COM INC. MH Tem Events Domain Name 27.34 009527 GEOTRUST INC MH library ssl renewal: info tech 196.00 000747 AMERICAN PLANNING RJ retumed product APA:Planning -98.00 ASSOCIATION 013851 STORM SOURCE, LLC MH appointments plus 20.00 011383 CAL STATE SAN MARCOS RJ regist: RJ/BL Rpt/Comm cf 2/2 50.00 002111 TOGOS RESTAURANT RJ lunch:liberty quarry mock mtg 1/25 80.46 001256 MARRIOTT HOTEL RJ cf room rent liberty quarry mtg 1/30 243.10 001048 ROSAS CANTINA SJ meal:closed council mtg 1/10 114.76 RESTAURANT 011995 SAN DIEGO ZOO'S, WILD SJ fee due from employee 25.50 ANIMAL PARK 005531 FRONT STREET BAR & GRILL SJ meal:closed council mtg 1/24 220.00 001264 COSTCO WHOLESALE SJ labels: city clerk 29.38 012898 NIELSEN LLC, CLARITAS AA economic development reports 149.00 003698 RIVERSIDE CO ECONOMIC ME regist:3rd dist eco dv mtg 3/21 35.00 2,437.00 150605 03/01/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 150606 03/01/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 2/25 1,157.25 sttlmnt: Country at the Merc 2/18 854.25 2,011.50 150607 03/01/2012 013076 GAUDET, YVONNE M. TCSD instructor earnings 539.00 539.00 Page4 apChkLst Final Check List Page: 5 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150608 03/01/2012 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 150609 03/01/2012 000186 HANKS HARDWARE INC Hardware supplies: Civic Ctr Hardware supplies: PW Maint Hardware supplies: B&S Hardware supplies: Aquatics Hardware supplies: Harveston Hardware supplies: parking garage Hardware supplies: Ch Museum Hardware supplies: CRC Hardware supplies: TCC Hardware supplies: Old Town Hardware supplies: TV Museum Hardware supplies: CRC 150610 03/01/2012 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 303355 150611 03/01/2012 001186 IRWIN, JOHN TCSD instructor earnings TCSD instructor earnings 150612 03/01/2012 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 150613 03/01/2012 008761 JAIME, JUAN employee computer loan program 150614 03/01/2012 013200 JAROTH INC Mar pay phone:duckpond,Library,CRC 150615 03/01/2012 014679 JEFFERSON, TRACY refund:King of the Grizzlies book 150616 03/01/2012 014387 KASA CONSTRUCTION, INC Feb const:marg rd enchancement 150617 03/01/2012 014675 KESLER, SAMUEL TCSD Instructor Eamings 150618 03/01/2012 011910 L H ENGINEERING COMPANY JAN CONST:OLD TOWN STREET INC IMPRV 150619 03/01/2012 014228 LSK, LLC MAR FACILITY LEASE:HARVESTON CENTER 150620 03/01/2012 014411 LUNA NEGRA DANCE Theater performances:3/3 & 3/4 THEATER 150621 03/01/2012 014551 LVIPRINT, INC Vehicle Graphics:CAP pgrm 735.00 735.00 754.68 484.50 9.15 84.08 81.44 199.02 75.53 145.36 9.24 62.82 81.63 42.28 2,029.73 9,257.27 9,257.27 509.60 72.80 582.40 140.00 140.00 1,858.89 1,858.89 212.64 212.64 14.99 14.99 337.50 337.50 739.20 739.20 9,246.31 9,246.31 4,714.00 4,714.00 15,300.00 15,300.00 460.54 460.54 Pages apChkLst Final Check List Page: 6 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150622 03/01/2012 013982 MCI COMM SERVICE Feb xxx-0714 gen usage:PD mall alarm 31.31 Feb xxx-0346 general usage 30.68 61.99 150623 03/01/2012 008610 M C R STAMPS Entertainment:high hopes pgrm 2/17 25.00 25.00 150624 03/01/2012 014680 MAGANA, AMY refund:Like a Rolling Stone book 25.00 25.00 150625 03/01/2012 014365 MAILFINANCE, INC. 11/30-2/28 mail machine lease: cntrl 677.21 677.21 150626 03/01/2012 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINTENANCE 103.44 103.44 150627 03/01/2012 004141 MAINTEX INC custodial supplies: park sites 1,018.24 1,018.24 150628 03/01/2012 014184 MALCOLM SMITH Veh repair&maint:police 658.43 MOTORCYCLES, INC Veh repair & maint:police 267.35 925.78 150629 03/01/2012 014431 MARTLAND, BETTE B TCSD Instructor Eamings 343.00 343.00 150630 03/01/2012 011920 MASTER CONCEPTS LLC TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 150631 03/01/2012 013311 MATERIAL HANDLING SUPPLY Forklift maint/repair:PW Maint INC 150632 03/01/2012 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 150633 03/01/2012 014653 MCINERNY, PAT refund:Organic non-toxic hm 2225.102 150634 03/01/2012 013053 MCKERNON, MICHAEL refund:eng grad dep:40045 c. medusa 220.50 367.50 441.00 588.00 220.50 514.50 441.00 808.50 220.50 147.00 514.50 4,483.50 108.13 108.13 210.00 350.00 770.00 392.00 1,722.00 20.00 20.00 995.00 995.00 Pages apChkLst Final Check List Page: 7 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150635 03/01/2012 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment COMPANY 150636 03/01/2012 012962 MILLER, MISTY TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 7,056.66 7,056.66 661.50 224.00 196.00 150637 03/01/2012 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 453.60 A. 150638 03/01/2012 014681 MONICA, KEIKO 150639 03/01/2012 001986 MUZAK LLC 150640 03/01/2012 013375 MYERS-RUSSO, ERICA 150641 03/01/2012 002925 NAPA AUTO PARTS 150642 03/01/2012 002139 NORTH COUNTY TIMES TCSD Instructor Eamings 340.20 TCSD Instructor Eamings 218.40 refund:The Magic Finger book Mar dish network programing:foc TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 5.99 1,081.50 1,012.20 5.99 123.18 123.18 96.00 184.80 58.80 126.00 226.80 134.40 322.00 36.40 96.60 MISC AUTO SUPPLIES:PW MAINT 47.04 1,281.80 MISC AUTO SUPPLIES:PW MAINT 311.37 358.41 Jan legal advertising: City 588.96 588.96 150643 03/01/2012 006140 NORTH JEFFERSON BUSINESS Apr -Jun assn dues xx17:F. Vly Intrchg 498.15 PARK 150644 03/01/2012 003964 OFFICE DEPOT BUSINESS SVS DIV Apr -Jun assn dues xx16:F. Vly Intrchg 536.01 Apr -Jun assn dues xx20:F. Vly Intrchg 676.82 1,710.98 Printing services:CM Office/TCSD 50.66 Printing srvcs: csd Misc office supplies: Theater Misc office supplies: Theater Misc office supplies:public works Printing srvcs:planning dept MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE Misc office supplies:sister cities pgrm MISC OFFICE SUPPLIES:CENTRAL SRV( MISC OFFICE SUPPLIES:CENTRAL SRV( 106.79 35.62 146.01 71.87 28.75 223.47 211.19 49.27 9.58 37.04 970.25 Page:7 apChkLst Final Check List Page: 8 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150645 03/01/2012 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:TCSD 614.19 City Vehicle Maint Svcs:TCSD 55.81 670.00 150646 03/01/2012 002105 OLDTOWN TIRE &SERVICE CITY VEHICLE MAINTSVCS:PW 41.33 TRAFFIC City Vehicle Maint Svcs:PW CIP 104.50 145.83 150647 03/01/2012 013127 ON STAGE MUSICALS For Your Ears Only:JB & Other Spies 2/12 3,700.23 3,700.23 150648 03/01/2012 014682 OROZCO, BELEN refund:Easy Yoga book 9.98 9.98 150649 03/01/2012 000249 PETTY CASH Petty Cash Reimbursement 294.34 294.34 150650 03/01/2012 010338 POOL & ELECTRICAL Pool supplies & chemicals:citywide 188.57 188.57 PRODUCTS INC 150651 03/01/2012 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 221.25 221.25 INC 150652 03/01/2012 000254 PRESS ENTERPRISE 3/7/12-3/5/13 subscr:City Mgr 9298672 192.40 192.40 COMPANY INC 150653 03/01/2012 000907 RANCHO TEMECULA CAR Jan City vehicle detailing svcs:TCSD 10.50 10.50 WASH 150654 03/01/2012 013632 RELIANCE CHURCH refund:sec dep:rm rental:CRC 150.00 150.00 150655 03/01/2012 002110 RENTAL SERVICE EQUIP RENTAL & MAINT:PW MAINT 950.19 CORPORATION 150656 03/01/2012 014683 RESNICK, ANDREA 150657 03/01/2012 002412 RICHARDS WATSON & GERSHON 150658 03/01/2012 000411 RIVERSIDE CO FLOOD CONTROL 150659 03/01/2012 000406 RIVERSIDE CO SHERIFFS DEPT 150660 03/01/2012 000406 RIVERSIDE CO SHERIFFS DEPT EQUIP RENTAL & MAINT:PW MAINT 409.44 EQUIP RENTAL & MAINT:PW MAINT 409.44 equipment rental: various parks 433.63 2,202.70 refund:Michael George Faith book 26.95 26.95 Jan -Feb 2012 legal services 83,739.30 83,739.30 Dep fees & add! deposit:Main St Bridge 3,455.13 Dec fees & add! deposit:Ped Bridge SGC 1,571.23 5,026.36 11/17-12/14:Iaw enforcement 1,378,993.88 1,378,993.88 mtr veh inspect trng 4/9-13 Johnson/Epp 682.00 Drug Abuse Recogn trng 5/15-17 Johnson 87.00 769.00 Pages apChkLst Final Check List Page: 9 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150661 03/01/2012 004822 RIVERSIDE TRANSIT AGENCY JAN' 12 TROLLEY SERVICES 1,636.10 1,636.10 150662 03/01/2012 014347 ROBERTS, PATRICIA G. TCSD Instructor Eamings 157.50 157.50 150663 03/01/2012 012251 ROTH, DONALD J. TCSD Instructor Eamings 630.00 630.00 150664 03/01/2012 000815 ROWLEY, CATHY TCSD Instructor Eamings 112.00 TCSD Instructor Eamings 140.00 TCSD Instructor Eamings 112.00 364.00 150665 03/01/2012 002226 RUSSO, MARY ANNE TCSD Instructor Eamings 962.50 TCSD Instructor Eamings 532.00 1,494.50 150666 03/01/2012 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 632.91 632.91 150667 03/01/2012 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 150668 03/01/2012 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 150669 03/01/2012 009213 SHERRY BERRY MUSIC Jazz © the Merc 2/16/12 529.00 529.00 150670 03/01/2012 004814 SIMON WONG ENGINEERING JAN DSGN:MAIN STREET 330.00 330.00 INC BRIDGE/MURR CREEK 150671 03/01/2012 000645 SMART& FINAL INC MISC SUPPLIES:MPSC 122.88 122.88 Page9 apChkLst Final Check List Page: 10 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 150672 03/01/2012 000537 SO CALIF EDISON 150673 03/01/2012 001212 SO CALIF GAS COMPANY 150674 03/01/2012 000282 SO CALIF MUNICIPAL ATHLETIC 150675 03/01/2012 000519 SOUTH COUNTY PEST CONTROL INC 150676 03/01/2012 000293 STADIUM PIZZA INC 150680 03/01/2012 007762 STANDARD INSURANCE COMPANY 150681 03/01/2012 012723 STANDARD INSURANCE COMPANY Description Amount Paid Check Total Feb 2-29-807-1093:28079 Diaz Rd PED 22.89 Feb 2-29-807-1228:28077 Diaz Rd PED 23.01 Feb 2-31-031-2616:27991 Diaz Rd PED 23.27 Feb 2-29-657-2787:41638 Winchester 21.26 Feb 2-31-536-348141902 Main St 246.53 Feb 2-31-536-365541904 Main St 912.50 Jan 2-30-099-3847:29721 Ryecrest 23.24 Jan 2-27-560-0625:32380 Deerhollow 2,693.98 Jan 2-33-357-5785:44747 Redhawk 25.77 Feb 2-32-903-8293:41000 Main St 9,955.37 Feb 2-21-981-4720:30153 Tem pkwy tpp 3644 Jan 2-28-331-4847:32805 Pauba Rd 111.17 Feb 2-28-904-7706:32329 Overland Trl 145.30 Feb 2-31-282-0665:27407 Diaz Rd PED 23.27 Feb 2-31-419-2873:43000 Hwy 395 22.76 Feb 2-14-204-1615:30027 Front st rdio 32.45 Feb 2-31-912-7494:28690 Mercedes 1,159.46 Feb 2-18-937-3152:28314 Mercedes 400.83 Feb 2-19-171-8568:28300 Mercedes 64.89 Feb 2-27-371-8494:42189 Winchester 43.87 Feb 2-25-393-4681:41951 Moraga Rd 336.21 Feb 2-29-223-8607:42035 2nd St PED 425.63 Feb 2-29-933-3831:43230 Bus pk dr 1,412.21 Feb 2-02-351-4946:Senior Center 761.66 18,923.97 Jan 196-025-0344-3:Childrens Museum 148.21 Jan 125-244-2108-3:Library 480.72 Jan 181-383-8881-6:Museum 128.91 Jan 129-535-4236-7:Civic Center 1,580.37 Jan 101-525-0950-0:Comm Ctr 134.46 Jan 026-671-2909-8:Comm Theater 370.95 Jan 021-725-0775-4:Senior Center 264.63 Jan 055-475-6169-5:PHBSP 197.50 3,305.75 Publications:sports pgrm 720.00 720.00 pest control srvcs:meadows prk 2/7 94.00 94.00 Refreshments:youth council mtg 2/10 264.87 264.87 Mandatory Life Insurance Payment 8,767.86 8,767.86 Voluntary Supp Life Insurance Payment 800.50 800.50 Page:10 apChkLst Final Check List Page: 11 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150682 03/01/2012 002366 STEAM SUPERIOR CARPET carpet maint srvcs:mpsc CLEANING 150683 03/01/2012 014420 STEVE SPANGLER, INC. Recreation supplies:childrens museum 150684 03/01/2012 009061 STURDIVANT, ANGELA P. TCSD Instructor Eamings 150685 03/01/2012 013387 SWEEPING UNLIMITED INC Feb sweeping:Parking Structure 150686 03/01/2012 000305 TARGET BANK BUS CARD Misc supplies:high hopes pgrm SRVCS Misc supplies:high hopes pgrm Misc supplies:high hopes pgrm Artist Hospitality: Theater 175.00 175.00 78.94 78.94 88.20 88.20 500.00 500.00 35.60 157.19 58.03 41.02 291.84 150687 03/01/2012 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,682.00 4,682.00 150688 03/01/2012 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE 291.11 291.11 LLC 150689 03/01/2012 010493 TEMECULATOINNE CENTER Mar lease payment:pd mall office 1,458.33 1,458.33 ASSOC LP 150690 03/01/2012 011736 TEMECULA TROPHY INC 150691 03/01/2012 000311 TEMECULA VALLEY HIGH SCHOOL 150692 03/01/2012 000306 TEMECULA VALLEY PIPE & SUPPLY 150693 03/01/2012 011090 TEMECULA VALLEY TRANSPORTATION 150694 03/01/2012 010276 TIME WARNER CABLE 150695 03/01/2012 014413 U.S. DEPARTMENT OF EDUCATION 150696 03/01/2012 000325 UNITED WAY 150697 03/01/2012 004261 VERIZON Recognition awards: csd dept Awards:emp recognition pgrm Recognition awards: csd dept 422.92 308.17 113.14 844.23 TVHS Fine Arts Gala 2/8/12 142.19 142.19 Misc supplies:csd maint 633.03 633.03 TRANSPORTATION SRVCS:MPSC 3/6 631.30 631.30 Mar high speed internet:Civic Center 4,349.64 4,349.64 SUPPORT PAYMENT 169.30 169.30 United Way Charities Payment 51.00 51.00 Feb xxx-0074 general usage 2,521.26 Feb xxx-5072 general usage 1,395.24 3,916.50 Pagel 1 apChkLst Final Check List Page: 12 03/01/2012 3:21:17PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150698 03/01/2012 004789 VERIZON Feb Internet svcs:Tem PD DSL 49.99 Feb Internet svcs: Library 174.99 Feb Internet svcs:Harveston Ctr 82.14 307.12 150699 03/01/2012 014486 VERIZON WIRELESS 1/16-2/15 gen usage:CC,IT,PD 266.07 266.07 150700 03/01/2012 009101 VISION ONE INC Ticketing equipment: theater 3,122.43 Jan ShoWare ticketing services: Theater 2,776.80 5,899.23 150701 03/01/2012 013010 WALKER, CHARLES Prizes for Science & Technology Fair 3/3 1,326.06 1,326.06 150702 03/01/2012 006248 WALKER, JESSICA TCSD Instructor Eamings 297.50 297.50 150703 03/01/2012 001342 WAXIE SANITARY SUPPLY INC credit:custodial supplies/crc -159.86 CLEANING SUPPLIES:CITYWIDE 968.54 808.68 150704 03/01/2012 003730 WEST COAST ARBORISTS INC 1/16-31 tree trimming services:var parks 1/16-31 tree trimming: vail ranch slopes 1/16-31 tree trimming srvcs:pw maint 1/16-31 tree removal/emerg:ridgeview 1/16-31 tree trimming srvcs: tradewinds 1/16-31 tree trimming/removal:presley 150705 03/01/2012 013556 WESTERN AUDIO VISUAL AV repairs:civic center & offsite fac 150706 03/01/2012 000341 WILLDAN ASSOCIATES INC JAN PLAN CHECK SRVCS:TRAFFIC DIV Jan -Feb eng srvcs:pw traffic Jan feasibility study: GOHS ped access 3,929.00 27,961.00 12,520.00 276.00 10,723.00 210.00 240.00 11,909.40 800.00 6,445.11 Grand total for UNION BANK OF CALIFORNIA: 55,619.00 240.00 19,154.51 2,431,716.99 Page:12 apChkLst Final Check List Page: 13 03/01/2012 3:21:17PM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks. 2,431,716.99 Page:13 apChkLst Final Check List Page: 1 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 150707 03/08/2012 004973 ABACHERLI, LINDI 150708 03/08/2012 013367 ACTIVE MICRO INC 150709 03/08/2012 014695 ALL AMERICAN MOTORSPORTS, INC 150710 03/08/2012 004601 ALL THE KING'S FLAGS Description TCSD instructor earnings MISC TOOLS/EQUIP: PW TRAFFIC bicycle give-a-way:bicycle rodeo 2/10 US and CA Flags: civic center 150711 03/08/2012 014531 ALLEN EMBROIDERY SERVICE shirts: science fair event 150712 03/08/2012 006915 ALLIES PARTY EQUIPMENT RECOGNITION JACKETS: PLANNINC equip rental: job fair 3/6 150713 03/08/2012 012943 ALPHA MECHANICAL SERVICE HVAC Repair: Stn 73 INC 150714 03/08/2012 009787 ALTEC INDUSTRIES INC 150715 03/08/2012 013015 ALWAYS RELIABLE BACKF LOW 150716 03/08/2012 001323 ARROWHEAD WATER INC bottled wtr svcs: CM 150717 03/08/2012 008868 BANK OF SACRAMENTO 150718 03/08/2012 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials HVAC repair: Stn 92 vehicle repair/maint: pw traffic backflow repairs: Stn 84 Ret/escrw 2893-160:RJ Noble -Marg Rd 150719 03/08/2012 004248 CALIF DEPT OF J USTICE-ACCTING 150720 03/08/2012 004971 CANON FINANCIAL SERVICES, INC 150721 03/08/2012 012627 CLEAR IMAGE ENTERPRISES INC DUI & drug screenings: police Mar copier lease: civic center Jan copier lease: Fire Dept window cleaning: fld op ctr Amount Paid Check Total 640.00 640.00 362.41 362.41 150.00 150.00 2,213.74 2,213.74 1,012.43 158.39 1,170.82 803.36 803.36 228.49 160.00 388.49 2,426.60 2,426.60 63.00 63.00 53.63 53.63 13,805.71 13,805.71 451.55 448.57 447.83 124.42 672.36 88.36 452.30 2,685.39 1,540.00 1,540.00 3,004.54 182.55 3,187.09 300.00 300.00 Pagel apChkLst Final Check List Page: 2 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150722 03/08/2012 005447 CLEMENTS, BRIAN reimb:ICC cert 5029809 150723 03/08/2012 001264 COSTCO WHOLESALE Artist Hospitality: Theater 150724 03/08/2012 001393 DATA TICKET, INC. Jan parking citation svcs: police 150725 03/08/2012 003945 DIAMOND ENVIRONMENTAL Feb restroom svc: long cyn park SRVCS 150726 03/08/2012 004192 DOWNS COMMERCIAL FUELING INC Feb restroom svc: veterans park Feb restroom svc: vail ranch park Feb restroom svc: riverton park Amount Paid Check Total 95.00 95.00 132.82 132.82 1,621.32 1,621.32 52.78 52.78 52.78 52.78 Fuel for City vehicles: IT/TCSD 100.02 Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: B&S Fuel for City vehicles: Police Fuel for City vehicles: Police Fuel for City vehicles: PIn/Code Enf Fuel for City vehicles: PW ciplldv/npde Fuel for City vehicles: PW Idv/npdes Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Idv/npdes Fuel for City vehicles: PW ciplldv/npde Fuel for City vehicles: TCSD 403.87 402.70 442.77 158.98 87.50 383.14 324.44 224.53 1,258.00 436.22 1,971.94 550.83 156.33 369.20 2,251.62 150727 03/08/2012 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 98.00 AILEEN 150728 03/08/2012 014419 ELLIOTT, MICHAEL G. 150729 03/08/2012 013430 ENERSPECT MEDICAL SOLUTIONS 150730 03/08/2012 014207 ENTERPRISE ELECTRIC DATACOM TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 392.00 364.00 294.00 196.00 238.00 98.00 171.50 Jan inspection svc:bttfld stg median 1,350.00 211.12 9,522.09 1,851.50 1,350.00 AED supplies: Paramedics 1,093.45 AED supplies: Paramedics 891.79 1,985.24 traffic operations ctr floor box 356.00 356.00 Page:2 apChkLst Final Check List Page: 3 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150731 03/08/2012 011203 ENVIRONMENTAL CLEANING Feb restroom svc: citywide parks Feb janitorial svcs:pd substation Amount Paid Check Total 5,265.00 571.86 5,836.86 150732 03/08/2012 001056 EXCEL LANDSCAPE tree planting: tradewinds slopes 255.00 irrigation svcs: pbsp 699.00 irrigation repair: vintage hills slopes 264.09 irrigation repairs: serena hill park 103.94 irrigation repairs: harveston park 316.98 irrigation repairs: PBSP 76.74 irrigation repairs: temeku hills 126.50 irrigation repair: Stn 84 261.11 2,103.36 150733 03/08/2012 010804 FEHR & PEERS ASSOCIATES OCT CNSLT SVCS:JEFFERSON 7,053.61 CORRIDOR SEPT CNSLT SVCS:JEFFERSON CO 5,925.74 12,979.35 150734 03/08/2012 011922 FIRST AMERICAN CORELOGIC Jan database subscr: code enf 22.00 22.00 INC 150735 03/08/2012 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 80.48 80.48 INC 150736 03/08/2012 010326 G E MOBILE WATER, INC Jan washer exchange: Stn 73 127.15 Feb washer maint: Stn 73 59.00 Feb washer rental: Stn 73 25.86 212.01 150737 03/08/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 3/3 517.50 517.50 150738 03/08/2012 014676 GEOGRAPHICS art framing:santa marg river photos 2,125.70 2,125.70 150739 03/08/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc Feb '12 1,052.10 1,052.10 SOCIETY 150740 03/08/2012 014405 GORM INCORPORATED cleaning supplies: PW Facilities 510.74 510.74 150741 03/08/2012 003792 GRAINGER maint supplies: Stn 84 70.90 70.90 150742 03/08/2012 000186 HANKS HARDWARE INC Hardware supplies: Fire Hardware supplies: TCSD parks Hardware supplies: Civic Ctr Hardware supplies: Library Hardware supplies: Theater Hardware supplies: Theater Hardware supplies: PW Traffic HARDWARE SUPPLIES: FIRE 190.98 1,177.75 499.34 34.24 32.71 16.11 451.32 279.57 2,682.02 Page:3 apChkLst Final Check List 03/08/2012 9:51:23AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 150743 03/08/2012 001135 HEALTHPOINTE MEDICAL GROUP INC 150744 03/08/2012 013749 HELIXSTORM INC. 150745 03/08/2012 003106 HERITAGE SECURITY SERVICES 150746 03/08/2012 003198 HOME DEPOT, THE 150747 03/08/2012 002701 HUB INT'L INSURANCE SERVCS INC 150748 03/08/2012 004217 HYDRO TEK COMPANY 150749 03/08/2012 013695 INLAND EMPIRE SHRED IT 150750 03/08/2012 011228 INLAND PLANNING AND DESIGN INC 150751 03/08/2012 006914 INNOVATIVE DOCUMENT SOLUTIONS 150752 03/08/2012 001407 INTER VALLEY POOL SUPPLY INC (Continued) Description emp industrial care svcs: HR infrastructure support:data ctrllibrary Jan security svcs:harveston lake pk misc supplies:old town boardwalk misc supplies:old town boardwalk misc supplies:old town boardwalk returned product:old town boardwalk misc supplies:old town boardwalk Feb special events premiums pressure washer equip:tcsd maint pressure washer equip:tcsd maint 2/13 doc shred svcs: Civic Ctr 2/13 doc shred svcs: Library 2/13 doc shred svcs: CRC 2/13 doc shred svcs: PD substation 2/13 doc shred svcs: PD mall ofc Jan cnslt svcs:jefferson corridor Jan copier maint/usage: Library Jan copier maint/usage: Citywide pool chemicals:citywide pools 150753 03/08/2012 004884 J & W REDWOOD LUMBER CO misc supplies:old town boardwalk INC 150754 03/08/2012 014271 JACOB'S HOUSE 150755 03/08/2012 009297 JEMS 150756 03/08/2012 014692 JOHNSON, BARBARA KATHLEEN S Nelson retirement event donation JE298899/244285 subsc 11/12 TCSD Instructor Earnings TCSD Instructor Earnings 150757 03/08/2012 011622 JOHNSON, ROBERT C reimb:refreshments quarry mtg 2/6 Amount Paid Check Total 95.00 1,500.00 1,440.00 257.15 166.29 167.94 -11.96 683.26 743.69 963.93 6,984.89 50.00 15.00 15.00 15.00 15.00 2,900.00 819.86 4,671.22 866.31 171.37 1,073.46 168.00 571.20 436.80 715.00 95.00 1,500.00 1,440.00 1,262.68 743.69 7,948.82 110.00 2,900.00 5,491.08 866.31 171.37 1,073.46 168.00 1,008.00 715.00 Page:4 apChkLst Final Check List Page: 5 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150758 03/08/2012 014699 JULLIAN WMS, NETTIE MAE refund:sec dep:kitchen rental:TCC 150.00 150.00 150759 03/08/2012 001405 KIWANIS CLUB OF RANCHO- refund:sec dep:rm rental:CRC 150.00 150.00 150760 03/08/2012 001282 KNORR SYSTEMS INC preventative maint: city pools 2,659.00 pool rehab: CRC 2,119.42 4,778.42 150761 03/08/2012 013987 LAW OFFICES OF Jan legal svc:row prop acquisition 1,624.61 1,624.61 150762 03/08/2012 009388 LETS GET PERSONAL uniforms: b&s/code/park rangers 3,175.35 3,175.35 150763 03/08/2012 006284 LEWIS & LEWIS ENTERPRISES batteries:pd investigative camera 335.50 335.50 150764 03/08/2012 004905 LIEBERT, CASSIDY & Jan HR legal svcs for TE060-01 390.00 390.00 WHITMORE 150765 03/08/2012 003726 LIFE ASSIST INC Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics Medical supplies: Paramedics 150766 03/08/2012 014697 LOBB, CYNTHIA refund: ins premium 4/22/12 event 150767 03/08/2012 010549 LOWE'S OF TEMECULA recycling supplies: civic center 648.32 314.20 72.07 678.45 395.55 215.53 308.76 286.69 2,919.57 166.51 166.51 1,831.75 1,831.75 150768 03/08/2012 000217 MARGARITA OFFICIALS ASSN Feb officiating srvcs:softball sports 180.00 180.00 150769 03/08/2012 004307 MARINE BIOCHEMISTS Feb water maint srvcs:Hary/Duck Pond 3,900.00 3,900.00 150770 03/08/2012 014700 MARINE, LESLIE refund:sec dep:rm rental:MPSC 150.00 150.00 150771 03/08/2012 014536 MARKEN, KERI E. Feb cataloging srvcs: History Museum 2,000.00 2,000.00 150772 03/08/2012 014701 MASSOL, PATTY refund:sec dep:rm rental:Harveston 200.00 200.00 150773 03/08/2012 014392 MC COLLOUGH, JILL DENISE Feb plant rental & maint:civic ctr 525.00 Feb plant rental & maint:library 200.00 725.00 Page:5 apChkLst 03/08/2012 9:51:23AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 150774 03/08/2012 006571 MELODY'S AD WORKS INC. (Continued) Description Reimbursement:marketing expenses MAR MARKETING & PROMO SRVCS 150775 03/08/2012 004144 MINAGAR & ASSOCIATES, INC. Traffic study: Mt. View Comm. Church 150776 03/08/2012 001892 MOBILE MODULAR 150777 03/08/2012 011820 MOJADO, LAWRENCE W 150778 03/08/2012 010908 MR APPLIANCE OF WINCHESTER 150779 03/08/2012 002139 NORTH COUNTY TIMES 150780 03/08/2012 002139 NORTH COUNTY TIMES 2/12-3/12 modular bldg lease: OATC refund:Outside My Window Appliance repair/maint:pbsp snack bar Feb advertising: Temecula Presents 3/16/12-3/15/13 subscr:city mgr 24623 3/20/12-3/19/13 subscr:tcsd 03433 150781 03/08/2012 002292 OASIS VENDING Vending & kitchen supplies:civic cntr Vending & kitchen supplies:foc 150782 03/08/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:public works DIV 150783 03/08/2012 005557 OLVEDA, VICTOR 150784 03/08/2012 001171 ORIENTAL TRADING COMPANY INC 150785 03/08/2012 014092 P & P HARDWARE 150786 03/08/2012 010338 POOL & ELECTRICAL PRODUCTS INC 150787 03/08/2012 014379 PROFESSIONAL IMAGE ADVERTISING 150788 03/08/2012 004457 R J NOBLE COMPANY 150789 03/08/2012 014702 RADWAN, EHAB MISC OFFICE SUPPLIES:PD MALL 0 MISC OFFICE SUPPLIES:PD MALL 0 City receipt books:police Printing srvcs:city business cards Cfd 88-12 reimbursement fy 08/09 Cfd 88-12 reimbursement fy 07/08 Misc supplies:2012 spring egg hunt EXPLORER SHIRTS: FIRE EXPLORER PRGM EXPLORER SHIRTS: FIRE EXPLORE Pool supplies & chemicals:citywide Purch,storage & maint:banner pgrm Jan const:pavement rehab marg rd refund:sec dep:rm rental:Harveston Amount Paid Check Total 73.09 3,000.00 5,812.00 614.18 15.99 524.50 580.61 165.00 165.00 547.00 64.63 470.59 86.19 109.56 134.42 63.59 201.58 203.16 9,390.17 33.07 601.99 340.56 1,928.33 124, 251.24 200.00 3,073.09 5,812.00 614.18 15.99 524.50 580.61 330.00 611.63 864.35 404.74 9,390.17 635.06 340.56 1,928.33 124,251.24 200.00 Page:6 apChkLst Final Check List Page: 7 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150790 03/08/2012 002176 RANCHO CALIF BUS PK ASSOC Apr -Jun bus.park assn. dues:Diaz Rd Apr -Jun bus.park assn. dues:FOC Apr -Jun bus.park assn. dues:City Hall 150791 03/08/2012 011853 RANCON COMMERCE CNTR Apr -Jun assn. dues:Stn 73 PH2,3&4 150792 03/08/2012 003591 RENES COMMERCIAL MANAGEMENT 150793 03/08/2012 002110 RENTAL SERVICE CORPORATION Amount Paid Check Total 1,159.32 1,051.03 1,273.98 3,484.33 546.32 546.32 Debris clean up:city right of ways 477.00 Herbicide application:citywide channels 8,050.00 8,527.00 EQUIP RENTAL & MAINT:PW MAINT 45.57 45.57 150794 03/08/2012 004498 REPUBLIC INTELLIGENT Trf sgnl pole replacement:Ynez at 4,688.31 4,688.31 150795 03/08/2012 002412 RICHARDS WATSON & January '12 legal services 139,506.09 139,506.09 GERSHON 150796 03/08/2012 000418 RIVERSIDE CO CLERK & ntc exemption:pvmnt rehab wnchstr rd 64.00 64.00 RECORDER 150797 03/08/2012 000418 RIVERSIDE CO CLERK & ntc exemption:pvmnt rehab r.c.rd 64.00 64.00 RECORDER 150798 03/08/2012 000418 RIVERSIDE CO CLERK & ntc exemption:pvmnt rehab r.vista rd 64.00 64.00 RECORDER 150799 03/08/2012 010777 RIVERSIDE CO EXECUTIVE Oct -Dec '11 SCFAexpenses 1,434.78 OFFICE 150800 03/08/2012 001592 RIVERSIDE CO INFO TECHNOLOGY DEC -FEB ANIMAL SHELTER PMTS 31,648.20 33,082.98 Jan radio rental:police & park rangers 1,236.04 1,236.04 150801 03/08/2012 000406 RIVERSIDE CO SHERIFFS Tribal Lnd/L.E. Response 2/12 T.S. DEPT 52.00 52.00 150802 03/08/2012 014591 ROLDAN FILMS Deposit:video taping srvcs-every 15 min 1,600.00 1,600.00 150803 03/08/2012 013827 RYAN MONTELEONE Clean-up srvcs:empire creek/ynez rd 17,500.00 17,500.00 EXCAVATION INC 150804 03/08/2012 009196 SACRAMENTO THEATRICAL Misc lighting supplies: Theater LIGHTING 150805 03/08/2012 009213 SHERRY BERRY MUSIC 236.24 236.24 Jazz @ the Merc 03/01/12 451.50 Jazz @ the Merc 02/23/12 472.50 924.00 Page:7 apChkLst Final Check List Page: 8 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150806 03/08/2012 000645 SMART & FINAL INC ARTIST HOSPITALITY: THEATER 150807 03/08/2012 003002 SMOOTHILL SPORTS Protective gear:Skate Park DISTRIBUTORS 150808 03/08/2012 000537 SO CALIF EDISON 150809 03/08/2012 001212 SO CALIF GAS COMPANY Feb 2-31-536-3226:28690 Mercedes Feb 2-29-295-3510:32211 Wolf vly rd Feb 2-27-805-3194:42051 Main St Feb 2-28-629-0507:30600 Pauba Rd Feb 2-00-397-5067:TCSD svc lev C Feb 2-31-031-2590:28301 Rancho Cal Feb 2-31-404-6020:28771 OT Front st Feb 2-29-224-0173:Fire Stns Feb 2-30-520-4414:32781 Tem pkwy L Feb 2-31-936-3511:46488 Pechanga Feb 2-29-458-7548:32000 Rancho Cal Feb 2-30-220-8749:45850 N Wolf crk c Feb 2-29-657-2332:45538 Redwood rd Feb 2-29-953-8447:31738 Wolf vly rd Feb 2-29-953-8082:31523 Wolf vly rd Feb 2-29-953-8249:46497 Wolf crk dr Feb 2-02-502-8077:43210 Bus pk dr B Feb 2-00-397-5042:43200 Bus pk dr #' Feb 091-085-1632-0:TES pool Jan 129-582-9784-3:43230 Bus pk dr Jan 133-040-7373-0:Maint Fac Jan 091-024-9300-5:30875 Rancho vis Feb 055-461-2483-4:40135 Village Rd Feb 015-575-0195-2:32211 Wolf vly rd Feb 095-167-7907-2:30650 Pauba Rd Feb 101-525-1560-6:27415 Enterprise Amount Paid Check Total 148.70 148.70 732.53 732.53 1,404.13 717.42 2,906.30 5,259.23 1,918.71 46.48 1,480.15 1,498.94 773.67 48.07 331.04 504.92 24.36 24.23 27.42 25.93 322.94 707.81 16.27 240.31 24.07 3,238.56 74.95 313.04 245.06 354.12 150810 03/08/2012 002503 SOUTH COAST AIR QUALITY fy 11/12 emissions fees:civic center 112.85 150811 03/08/2012 000519 SOUTH COUNTY PEST CONTROL INC fy 11/12 operating fees:civic center 18,021.75 4,506.38 303.56 416.41 Pest control services: sp08 pbsp, place 70.00 pest control srvcs:margarita park pest control srvcs:rrsp Pest control srvcs:fire station 73 Pest control srvcs:fire station 92 Pest control srvcs:oatc 150812 03/08/2012 012652 SOUTHERN CALIFORNIA Mar gen usage:0141,0839,2593,9306 150813 03/08/2012 000293 STADIUM PIZZA INC Refreshments:special event 3/1 94.00 282.00 48.00 42.00 48.00 584.00 478.35 478.35 100.28 100.28 Page:8 apChkLst Final Check List Page: 9 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 150814 03/08/2012 010762 STRONG CONCEPTS Software license renewal:TEAPAC 150815 03/08/2012 011897 TAG/AMS INC Feb DOT random drug testing:HR 150816 03/08/2012 000305 TARGET BANK BUS CARD Misc supplies:mpsc SRVCS 150817 03/08/2012 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 C/O Hardware supplies: Sta 92 150818 03/08/2012 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE L LC VEH REPAIR & MAINT:POLICE VEH REPAIR & MAI NT: POLICE VEH REPAIR & MAI NT: POLICE VEH REPAIR & MAINT:POLICE VEH REPAIR & MAINT:POLICE 150819 03/08/2012 000306 TEMECULAVALLEY PIPE & Misc supplies:csd maint SUPPLY 150820 03/08/2012 005970 TEMECULAVALLEY PLAYERS Of Mice & Men production Feb '12 Amount Paid Check Total 520.00 65.00 123.57 4.63 103.44 113.54 520.00 65.00 123.57 108.07 875.27 159.84 80.10 48.06 1,041.67 2,318.48 160.33 160.33 6,210.53 6,210.53 150821 03/08/2012 010276 TIME WARNER CABLE Mar high speed internet:42081 Main St 58.49 Mar high speed internet:40135 Village i 224.95 Mar high speed internet:30600 Pauba r 528.75 812.19 150822 03/08/2012 007252 TRUE NORTH RESEARCH Consultant srvcs:citizen opinion survey 23,725.00 23,725.00 150823 03/08/2012 000161 TYLER TECHNOLOGIES, INC EDEN software & maint renewal 36,864.74 36,864.74 150825 03/08/2012 002702 U S POSTAL SERVICE Jan '12 postage meter deposit 2,917.40 Nov '11 postage meter deposit 2,537.75 Feb '12 postage meter deposit 3,702.00 Dec '11 postage meter deposit 1,725.96 10,883.11 150826 03/08/2012 012549 UPODIUM Vehicle maint supp: Sta 92 19.35 19.35 150827 03/08/2012 008558 VALLEY OF THE MIST refund:rental fees paid:TCC 150.00 150.00 QUILTERS 150828 03/08/2012 014418 VIDACARE CORPORATION Medical supplies: Medics 584.26 584.26 150829 03/08/2012 001342 WAXIE SANITARY SUPPLY INC custodial & recycling supplies:civic ctr 706.84 706.84 Page:9 apChkLst Final Check List Page: 10 03/08/2012 9:51:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 150830 03/08/2012 003730 WEST COAST ARBORISTS INC 2/16-17 tree trimming srvcs: via eduardo 4,214.00 2/1-15 tree trimming srvcs:pw maint 25,268.00 29,482.00 150831 03/08/2012 000339 WEST PUBLISHING CORP CA penal code pamphlets:police 190.45 190.45 150832 03/08/2012 000621 WESTERN RIVERSIDE Jul -Sept prof srvcs:caltrans planning 4,432.50 COUNCIL OF Apr -Jun prof srvcs:caltrans planning 2,585.00 7,017.50 150833 03/08/2012 014698 WOODSIDE GROUP OF refund:dep bal:EIR Maravilla project 2,415.02 2,415.02 150834 03/08/2012 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics 902.41 Medical supplies: Medics 285.16 1,187.57 Grand total for UNION BANK OF CALIFORNIA: 633,008.21 Page:10 apChkLst Final Check List Page: 11 03108/2012 9:51:23AM CITY OF TEMECULA 127 checks in this report. Grand Total All Checks: 633,008.21 Page:11 Item No. 4 Approvals City Attorney Director of Finance City Manager fru CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: March 27, 2012 SUBJECT: Spending Authorization for Debt Service and Shelter Costs payable to Southwest Communities Financing Authority for Fiscal Year 2011-12 and Fiscal Year 2012-13 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: 1. Approve the additional expenditure for Fiscal Year 2011-12 payable to Southwest Communities Financing Authority(SCFA)/County of Riverside for debt service in the amount of $1,876 for a total debt service payment of $44,263; 2. Approve the expenditure for Fiscal Year 2012-13 payable to Southwest Communities Financing Authority/County of Riverside for animal shelter operation costs and debt service in the amount of $343,035; 3. Authorize the City Manager to approve additional sheltering and debt service costs to SCFA/County of Riverside in the amount of $15,000. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys (formerly L.E.A.F.) since 1995 for animal control services. In December 2004, the City Council approved Temecula's participation in a Joint Powers Authority referred to as SCFA. The purpose of the SCFA was to fund and to construct a regional animal shelter located in Wildomar. As a party to the SCFA, Temecula is responsible for a proportional share of costs related to the debt service costs to build the shelter as well as the animal shelter operational costs based on Temecula's proportional share of animal received by the shelter per calendar year. In 2010, animal counts received from Temecula were 15.46% of the total animals received (excluding out of area animals). In 2011, animal counts received from Temecula were 16.5% of the total animals received (also excluding out of area animals). On November 22, 2011, the City Council approved the expenditure for Fiscal Year 2011-12 payable to the SCFA/County of Riverside for animal shelter debt service in the amount of $42,387. Final animal counts have been received and it has been determined that the City's share of debt service costs for Fiscal Year 2011-12 is $44,263. On March 7, 2012, the SCFA/County of Riverside released its Fiscal Year 2012-13 fee schedule. The fee schedule shows Temecula's debt service share at $201,590 and Temecula's shelter operation costs share at $141,446 for a total Fiscal Year 2012-13 cost of $343,036. FISCAL IMPACT: All costs associated with these actions in Fiscal Year 2011-12 have been included in the Operating Budget and future costs will be budgeted accordingly in future fiscal years. ATTACHMENTS: None Item No. 5 City Attorney Director of Finance City Manager SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board Members FROM: Patrick Richardson, Director of Planning and Development DATE: March 27, 2012 SUBJECT: Support for Senate Bill 986, Senate Bill 654, Assembly Bill 1585 and all other future Senate and Assembly Bilis that intend to clarify and cleanup Assembly Bill ABX1 26 PREPARED BY: Luke Watson, Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULASUPPORTINGTHE ADOPTION OF SB 986, SB 654, AB 1585 AND ALL FUTURE LEGISLATION CLARIFYING ABX1 26 BACKGROUND: ABX1 26 and ABX1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. The City Council of the City of Temecula (the "City') adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the Agency's dissolution. The City Council of the City of Temecula, Acting as the Governing Bodyforthe Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). ABX 1 26 contains confusing and contradictory provisions and raises unanswered questions which include, but are not limited to, how and if the former Redevelopment Agency can spend previously issued bond proceeds, how and if the former Redevelopment Agency can spend unencumbered funding balances for the Low and Moderate Income Housing Fund, and ambiguous language as to the authority of the Successor Agency Oversight Board with approval of the sale and transfer of property and approval of financial agreements. Three bills are currently pending in the California Legislature to address these contradictory and ambiguous provisions of the legislation. SENATE BILL 654 Agency Staff is recommending support for Senate Bill 654. This legislation, in its current form, will, among other things; Allow the Successor Agency to retain the housing assets of the former Redevelopment Agency. This includes all fund balances located in the former low and moderate housing fund and will allow the Successor Agency to retain all assets such as real property. This bill would provide the Successor Agency with the ability to utilize the assets of the former Redevelopment Agency to continue funding affordable housing developments and programs. The bill allows a host city or county of a dissolved redevelopment agency to retain the funds on deposit in the agency's low and moderate housing fund and requires the city to expend those funds in compliance with the housing provisions of the Community Redevelopment Law. If the City chooses not to retain these funds, the local housing authority or the State department of Housing and Community development may do so. This bill also requires, rather than permits, an entity assuming the housing functions of a former redevelopment agency to enforce affordability covenants on affordable housing properties. Additionally, the bill expands the definition of an "enforceable obligation" to include two additional types of loan agreement between a former redevelopment agency and the host city. These expanded enforceable obligations include: 1. A loan that was executed within two years of the date of creation of a project area and; 2. A loan to fund the former redevelopment agency's 2009-2010 SERAF payment. SENATE BILL 986 Agency Staff is recommending support for Senate Bill 986. This legislation, in its current form, will, among other things; Provide that all bond proceeds that were generated by the former redevelopment agency shall be deemed to be encumbered and would prohibit a successor agency from remitting these proceeds to the county auditor -controller. This bill would also require that the proceeds of bonds issued by a former redevelopment agency must be used by the successor agency for the purposed for which the bonds were sold pursuant to an enforceable obligation, as defined, that was entered into either by the former redevelopment agency prior to it dissolution, or is entered into by the successor agency by December 14, 2014. This bill would also provide that if an enforceable obligation is not entered into by that time, or if the purpose for which the bonds were sold can longer be achieved, then the bond proceeds shall be used to defease the bonds or to purchase outstanding bonds on the open market for cancellation. This bill would also require the oversight board to approve of the establishment of an enforceable obligation with respect to bond proceeds. This bill would prohibit the oversight board from disapproving the establishment of an enforceable obligation with respect to bond proceeds if that obligation is reasonably in furtherance of the purposes for which the bonds were sold. This bill would take effect immediately as an urgency statute. ASSEMBLY BILL 1585 Agency Staff is recommending support for Assembly Bill 1585. This legislation, in its current form, is considered the de facto clean-up legislation for ABX1 26. The provisions of the legislation include: 1. Provides that employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, are not subject to the administrative cost allowance cap. 2. Adds the following to the definition of enforceable obligations: a. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of employees who performed work for the former RDA; and b. Obligations to an employee that is transferred from the former RDA to the entity assuming the housing functions. 3. Adds the following to the definition of enforceable obligations requiring approval of the oversight board: a. Loan agreements between the former RDA and the city, county, or city and county that created it, made within two years of the date of the creation of a project area, if the loan was for the project area; and b. Loans made from the city or county to the former RDA to make a payment to the State's Supplemental Educational Revenue Augmentation Fund (SERAF). 4. Requires the successor agency or designated local authority to enter into an agreement with the entity assuming the housing functions and to reimburse it for any costs of the employee obligations if an employee is transferred to the housing successor entity. 5. Requires repayment of SERAF loans made from the L&M Fund to the former RDA to be deposited into the L&M Fund maintained by the entity that assumes the housing functions. 6. Provides that a loan agreement made between the former RDA and the city, county, or city and county that created it will be deemed an enforceable obligations if the Oversight Board does the following: a. Makes a finding that the loan was for legitimate redevelopment purposes; and b. Conditions its approval on the loan being repaid to the city, county, or city and county based on a defined schedule over a reasonable term, at an interest rate not to exceed the interest rate earned by funds deposited into the Local Agency Investment Fund. 7. Provides that when listing the payment dates for enforceable obligations on the Recognized Obligation Payment Schedule (ROPS), the successor agency may list payments on an annual basis. 8. Specifies that the successor agency is a legally distinct and separate body that acts by resolution, can sue and be sued, and can have additional powers that can be conferred upon it. 9. Allows a city, county, or city and county, or joint powers authority that authorized the creation of the former RDA and chose not to be the successor agency to reverse that decision and serve as the successor agency. 10. Provides that any amounts on deposit in the L&M Fund of a former RDA will be transferred to the city, county, or city and county that elected to retain the responsibility for performing the housing functions of the former agency. 11. Requires any amounts on deposit that are transferred to the L&M Fund to be maintained in a separate account and used for the purposes defined in the Community Redevelopment Law relating to authorized uses of the L&M Fund. 12. Requires the entity that assumes the housing functions of the former RDA to enforce affordability covenants and other related activities as defined in Community Redevelopment Law. 13. Requires, where there is no local housing authority that elected to accept authority for performing the housing functions, that any amounts on deposit in the L&M Fund be deposited in the State Low -and Moderate Income Housing Trust Fund, administered by the Department of Housing and Community Development (HCD), to be awarded on a competitive basis to projects within the counties in which it was collected. 14. Requires, when awarding funds out of the State Low- and Moderate -Income Housing Fund, priority that be given to eligible projects that serve extremely low-, very low-, and low-income families and individuals. 15. Requires the city, county, city and county, or other public entity that assumes the housing functions of the former RDA to expend or encumber at least 80% of the moneys in the L&M Fund within four years or forfeit the remaining amount minus what is needed for monitoring and maintenance of affordable housing projects to the State Low -and Moderate -Income Housing Fund. 16. Allows a succeeding housing entity to apply for a waiver from HCD to extend the amount of time to expend or encumber the money in the L&M Fund by two years and to reapply again after two years. 17. Requires that assets and properties of the former RDA, under the direction of the oversight board, be disposed of in an expeditious but orderly manner that preserves the value of the assets. 18. Provides that the first ROPS for the period of January 1, 2012, through June 20, 2012, may, if necessary, include the following: a. The total amount of payments required for enforceable obligations over the next two six-month periods; and b. In the case of debt obligations, the amount of the annual debt service reserve set - asides and any other amounts required under indenture or similar documents. 19. Clarifies that the member of the oversight board representing special districts should represent the special district having the largest property tax share within the redevelopment project areas of the former RDA. 20. Provides that when appointing a member of the oversight board from the employees of the former RDA, if the majority of the employees were city or county employees, then the appointment should be made from the organization that represents those employees. 21. Provides that if there is no employee organization that represents the employees of the former RDA, city, or county, then the appointment should be made from among the employees of the successor agency. 22. Provides that an employee that is appointed to the oversight board is deemed not to have a conflict of interest in voting to approve a contract as an enforceable obligation. 23. Requires all actions taken by an oversight board to be adopted by resolution. 24. Requires the successor agency to get the approval of the oversight board prior to entering into a financing agreement, including issuing bonds, to fund payments under an enforceable obligation that exceeds the property tax revenue available to the successor agency during the payment period. 25. Provides that a successor agency is not permitted to create additional enforceable obligations except when necessary to pay the financing costs of existing enforceable obligations. 26. Requires the successor agency to get the approval of the oversight board for temporary increases in the administrative cost allowance to carry out the requirements of an enforceable obligation, to cover litigation costs, or to maintain and preserve the value of assets while in the possession of the successor agency. 27. Requires the oversight board to direct the successor agency to do the following: a. Compile a complete inventory of existing real property assets of the former RDA by project area; and b. Include in the inventory the general categories of real property assets, the purpose for which the assets were originally acquired, the original purchase price of each asset, and the estimated current market value. 28. Requires the oversight board, prior to disposing of any assets, to receive and review the inventory of assets prepared by the successor agency and adopt a policy or strategy for disposal or transfer of such assets that ensures it is done in an expeditious but orderly manner that preserves the value of the asset. 29. Provides that in disposing of assets and properties, the oversight board may direct the successor agency to transfer ownership of assets that were constructed or used for a purpose integral to the operation of a governmental purpose, like parking facilities, to the appropriate public jurisdiction. 30. Requires the auditor -controller to deposit the unitary and supplemental tax increment due to the former RDA into the Redevelopment Property Tax Trust Fund (Fund). 31. Requires the auditor -controller, in distributing funds out of the Fund, to reserve any funds necessary to cover payments made in the second half of the calendar year, as described in the ROPS, that are in excess of the amount that is anticipated to be deposited in the Fund from the May or June allocation. 32. Provides that in distributing property tax revenues associated with the payment of a retired recognized obligation, the auditor -controller should only distribute property tax to the extent that it is not currently required for the payments of other recognized obligations. 33. Deletes the requirement that the California Law Revision Commission draft a Community Redevelopment Law clean-up bill by January 1, 2013. 34. Includes an urgency clause. FUTURE LEGISLATION Staff is recommending support for all future legislation that seeks to clean-up, clarify and otherwise reduces the ambiguities and uncertainties created by the adoption of ABX1 26. FISCAL IMPACT: SB 986, SB 654 and AB 1585, if adopted, will have numerous and significant fiscal impacts on the Successor Agency. These impacts include: 1. Bond proceeds in the amount of $15,354,426, held by the Successor Agency, will be available for expense on affordable housing related projects as long as the contractual obligation encumbering those funds is completed by December 14, 2014. 2. Loans made by the low -mod housing fund will be considered legitimate enforceable obligations to be repaid with remittances from the county's redevelopment property tax trust fund. 3. Enforceable Obligations will include loans made from the city or county to the former RDA to make a payment to the State's Supplemental Educational Revenue Augmentation Fund (SERAF). 4. Requires the successor agency to enter into an agreement with the entity assuming the housing functions and to reimburse it for any costs of the employee obligations if an employee is transferred to the housing successor entity. 5. Provides that a loan agreement made between the former RDA and the city, county, or city and county that created it will be deemed an enforceable obligations if the Oversight Board does the following: a. Makes a finding that the loan was for legitimate redevelopment purposes; and b. Conditions its approval on the loan being repaid to the city, county, or city and county based on a defined schedule over a reasonable term, at an interest rate not to exceed the interest rate earned by funds deposited into the Local Agency Investment Fund. 6. Requires any amounts on deposit that are transferred to the L&M Fund to be maintained in a separate account and used for the purposes defined in the Community Redevelopment Law relating to authorized uses of the L&M Fund. 7. Requires the city, county, city and county, or other public entity that assumes the housing functions of the former RDA to expend or encumber at least 80% of the moneys in the L&M Fund within four years or forfeit the remaining amount minus what is needed for monitoring and maintenance of affordable housing projects to the State Low -and Moderate -Income Housing Fund. ATTACHMENTS: 1. Resolution 2. Senate Bill 986 3. Senate Bill 654 4. Assembly Bill 1585 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE ADOPTION OF SB 986, SB 654, AB 1585 AND ALL FUTURE LEGISLATION CLARIFYING ABX1 26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. The former Redevelopment Agency of the City of Temecula was created in 1988. B. ABX1 26 and ABX1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. F. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. G. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). H. ABX 1 26 contains confusing and contradictory provisions and raises unanswered questions which include, but are not limited to, how and if the former Redevelopment Agency can spend previously issued bond proceeds, how and if the former Redevelopment Agency can spend unencumbered funding balances for the Low and Moderate Income Housing Fund, and ambiguous language as to the authority of the Successor Agency Oversight Board with approval of the sale and transfer of property and approval of financial agreements. Three bills are currently pending in the California Legislature to address these contradictory and ambiguous provisions of the legislation. Section 2. The City Council hereby supports the adoption Senate Bill 986 Section 3. The City Council hereby supports the adoption of Senate Bill 654 Section 4. The City Council hereby supports the adoption of Assembly Bill 585 Section 5. The City Council hereby supports the adoption of all future legislation that seeks to clean-up, clarify and otherwise reduces the ambiguities and uncertainties created by the adoption of ABX1 26 Section 6. The City Council hereby authorizes the City Council members, Mayor and Staff to do any and all things necessary to effectuate this Resolution, including without limitation the sending of letters or providing testimony in support of the legislation or similar legislation and the concerns expressed in this Resolution. Section 7. 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 27th 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 27th 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 SENATE BILL No. 986 Introduced by Senator Dutton January 31, 2012 An act to amend Sections 34177 and 34180 of the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 986, as introduced, Dutton. Redevelopment: bond proceeds. Existing law dissolves redevelopment agencies and community development agencies, as of February 1, 2012, and designates successor agencies, as defined. Existing law requires that successor entities perform certain duties, including, among others, remitting unencumbered funds of that agency to the county auditor -controller, and overseeing the use of bond proceeds. Existing law requires each successor agency to have an oversight board that is composed of 7 members who meet certain qualifications. Existing law requires the oversight board to approve certain actions of the successor agency. This bill would provide that all bond proceeds that were generated by the former redevelopment agency shall be deemed to be encumbered and would prohibit a successor agency from remitting these proceeds to the county auditor -controller. This bill would also require that the proceeds of bonds issued by a former redevelopment agency must be used by the successor agency for the purposes for which the bonds were sold pursuant to an enforceable obligation, as defined, that was entered into either by the former redevelopment agency prior to its dissolution, or is entered into by the successor agency by December 14, 2014. This bill would also provide that if an enforceable obligation is not entered into by that time, or if the purpose for which the bonds were sold can no longer be achieved, then the bond proceeds shall be used to defease 99 SB 986 —2— the bonds or to purchase outstanding bonds on the open market for cancellation. This bill would also require the oversight board to approve of the establishment of an enforceable obligation with respect to bond proceeds. This bill would prohibit the oversight board from disapproving the establishment of an enforceable obligation with respect to bond proceeds if that obligation is reasonably in furtherance of the purposes for which the bonds were sold. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 34177 of the Health and Safety Code is 2 amended to read: 3 34177. Successor agencies are required to do all of the 4 following: 5 (a) Continue to make payments due for enforceable obligations. 6 (1) On and after October 1, 2011, and until a Recognized 7 Obligation Payment Schedule becomes operative, only payments 8 required pursuant to an enforceable obligations payment schedule 9 shall be made. The initial enforceable obligation payment schedule 10 shall be the last schedule adopted by the redevelopment agency 11 under Section 34169. However, payments associated with 12 obligations excluded from the definition of enforceable obligations 13 by paragraph (2) of subdivision (e) of Section 34171 shall be 14 excluded from the enforceable obligations payment schedule and 15 be removed from the last schedule adopted by the redevelopment 16 agency under Section 34169 prior to the successor agency adopting 17 it as its enforceable obligations payment schedule pursuant to this 18 subdivision. The enforceable obligation payment schedule may 19 be amended by the successor agency at any public meeting and 20 shall be subject to the approval of the oversight board as soon as 21 the board has sufficient members to form a quorum. 22 (2) The Department of Finance and the Controller shall each 23 have the authority to require any documents associated with the 24 enforceable obligations to be provided to them in a manner of their 25 choosing. Any taxing entity, the department, and the Controller 99 -3— SB 986 1 shall each have standing to file a judicial action to prevent a 2 violation under this part and to obtain injunctive or other 3 appropriate relief. 4 (3) Commencing on January 1, 2012, only those payments listed 5 in the Recognized Obligation Payment Schedule may be made by 6 the successor agency from the funds specified in the Recognized 7 Obligation Payment Schedule. In addition, commencing January 8 1, 2012, the Recognized Obligation Payment Schedule shall 9 supersede the Statement of Indebtedness, which shall no longer 10 be prepared nor have any effect under the Community 11 Redevelopment Law. 12 (4) Nothing in the act adding this part is to be construed as 13 preventing a successor agency, with the prior approval of the 14 oversight board, as described in Section 34179, from making 15 payments for enforceable obligations from sources other than those 16 listed in the Recognized Obligation Payment Schedule. 17 (5) From October 1, 2011, to July 1, 2012, a successor agency 18 shall have no authority and is hereby prohibited from accelerating 19 payment or making any lump -sum payments that are intended to 20 prepay loans unless such accelerated repayments were required 21 prior to the effective date of this part. 22 (b) Maintain reserves in the amount required by indentures, 23 trust indentures, or similar documents governing the issuance of 24 outstanding redevelopment agency bonds. 25 (c) Perform obligations required pursuant to any enforceable 26 obligation. 27 (d) Remit unencumbered balances of redevelopment agency 28 funds to the county auditor -controller for distribution to the taxing 29 entities, including, but not limited to, the unencumbered balance 30 of the Low and Moderate Income Housing Fund of a former 31 redevelopment agency. In making the distribution, the county 32 auditor -controller shall utilize the same methodology for allocation 33 and distribution of property tax revenues provided in Section 34 34188. For purposes of this subdivision, bond proceeds of the 35 redevelopment agency shall be deemed to be encumbered, and 36 therefore the successor agency shall not remit those funds to the 37 county auditor -controller. 38 (e) Dispose of assets and properties of the former redevelopment 39 agency as directed by the oversight board; provided, however, that 40 the oversight board may instead direct the successor agency to 99 SB 986 — 4 — 1 transfer ownership of certain assets pursuant to subdivision (a) of 2 Section 34181. The disposal is to be done expeditiously and in a 3 manner aimed at maximizing value. Proceeds from asset sales and 4 related funds that are no longer needed for approved development 5 projects or to otherwise wind down the affairs of the agency, each 6 as determined by the oversight board, shall be transferred to the 7 county auditor -controller for distribution as property tax proceeds 8 under Section 34188. 9 (f) Enforce all former redevelopment agency rights for the 10 benefit of the taxing entities, including, but not limited to, 11 continuing to collect loans, rents, and other revenues that were due 12 to the redevelopment agency. 13 (g) Effectuate transfer of housing functions and assets to the 14 appropriate entity designated pursuant to Section 34176. 15 (h) Expeditiously wind down the affairs of the redevelopment 16 agency pursuant to the provisions of this part and in accordance 17 with the direction of the oversight board. 18 (i) Continue to oversee development of properties until the 19 contracted work has been completed or the contractual obligations 20 of the former redevelopment agency can be transferred to other 21 parties. Bond proceeds shall be used for the purposes for which 22 the bonds were sold unless the purposes can no longer be achieved, 23 in which case, the proceeds may be used to defease the bonds, if 24 and to the extent that the successor agency is either performing 25 an obligation required pursuant to any enforceable obligation 26 entered into by the former redevelopment agency, or is performing 27 an enforceable obligation entered into by the successor agency 28 on or before December 31, 2014, to fulfill the purposes for which 29 the bonds were sold by the dissolved redevelopment agency. Any 30 amount of bond proceeds not subject to an enforceable obligation 31 as of January 1, 2015, shall be used to defease the bonds or to 32 purchase outstanding bonds on the open market for cancellation. 33 If the purposes for which the bonds were sold by the dissolved 34 redevelopment agency can no longer be achieved, then the 35 proceeds shall be used to defease the bonds or to purchase 36 outstanding bonds on the open market for cancellation. 37 (j) Prepare a proposed administrative budget and submit it to 38 the oversight board for its approval. The proposed administrative 39 budget shall include all of the following: 99 — 5 — SB 986 1 (1) Estimated amounts for successor agency administrative costs 2 for the upcoming six-month fiscal period. 3 (2) Proposed sources of payment for the costs identified in 4 paragraph (1). 5 (3) Proposals for arrangements for administrative and operations 6 services provided by a city, county, city and county, or other entity. 7 (k) Provide administrative cost estimates, from its approved 8 administrative budget that are to be paid from property tax revenues 9 deposited in the Redevelopment Property Tax Trust Fund, to the 10 county auditor -controller for each six-month fiscal period. 11 (1) (1) Before each six-month fiscal period, prepare a 12 Recognized Obligation Payment Schedule in accordance with the 13 requirements of this paragraph. For each recognized obligation, 14 the Recognized Obligation Payment Schedule shall identify one 15 or more of the following sources of payment: 16 (A) Low and Moderate Income Housing Fund. 17 (B) Bond proceeds. 18 (C) Reserve balances. 19 (D) Administrative cost allowance. 20 (E) The Redevelopment Property Tax Trust Fund, but only to 21 the extent no other funding source is available or when payment 22 from property tax revenues is required by an enforceable obligation 23 or by the provisions of this part. 24 (F) Other revenue sources, including rents, concessions, asset 25 sale proceeds, interest earnings, and any other revenues derived 26 from the former redevelopment agency, as approved by the 27 oversight board in accordance with this part. 28 (2) A Recognized Obligation Payment Schedule shall not be 29 deemed valid unless all of the following conditions have been met: 30 (A) A draft Recognized Obligation Payment Schedule is 31 prepared by the successor agency for the enforceable obligations 32 of the former redevelopment agency by November 1, 2011. From 33 October 1, 2011, to July 1, 2012, the initial draft of that schedule 34 shall project the dates and amounts of scheduled payments for 35 each enforceable obligation for the remainder of the time period 36 during which the redevelopment agency would have been 37 authorized to obligate property tax increment had such a that 38 redevelopment agency not been dissolved, and shall be reviewed 39 and certified, as to its accuracy, by an external auditor designated 40 pursuant to Section 34182. 99 SB 986 — 6- 1 — 1 (B) The certified Recognized Obligation Payment Schedule is 2 submitted to and duly approved by the oversight board. 3 (C) A copy of the approved Recognized Obligation Payment 4 Schedule is submitted to the county auditor -controller and both 5 the Controller's office and the Department of Finance and be posted 6 on the successor agency's Internet Web site. 7 (3) The Recognized Obligation Payment Schedule shall be 8 forward looking to the next six months. The first Recognized 9 Obligation Payment Schedule shall be submitted to the Controller's 10 office and the Department of Finance by December 15, 2011, for 11 the period of January 1, 2012, to June 30, 2012, inclusive. Former 12 redevelopment agency enforceable obligation payments due, and 13 reasonable or necessary administrative costs due or incurred, prior 14 to January 1, 2012, shall be made from property tax revenues 15 received in the spring of 2011 property tax distribution, and from 16 other revenues and balances transferred to the successor agency. 17 SEC. 2. Section 34180 of the Health and Safety Code is 18 amended to read: 19 34180. All of the following successor agency actions shall first 20 be approved by the oversight board: 21 (a) The establishment of new repayment terms for outstanding 22 loans where the terms have not been specified prior to the date of 23 this part. 24 (b) Refunding of outstanding bonds or other debt of the former 25 redevelopment agency by successor agencies in order to provide 26 for savings or to finance debt service spikes; provided, however, 27 that no additional debt is created and debt service is not accelerated. 28 (c) Setting aside of amounts in reserves as required by 29 indentures, trust indentures, or similar documents governing the 30 issuance of outstanding redevelopment agency bonds. 31 (d) Merging of project areas. 32 (e) Continuing the acceptance of federal or state grants, or other 33 forms of financial assistance from either public or private sources, 34 where assistance is conditioned upon the provision of matching 35 funds, by the successor entity as successor to the former 36 redevelopment agency, in an amount greater than 5 percent. 37 (f) (1) If a city, county, or city and county wishes to retain any 38 properties or other assets for future redevelopment activities, 39 funded from its own funds and under its own auspices, it must 40 reach a compensation agreement with the other taxing entities to 99 -7— SB986 1 provide payments to them in proportion to their shares ofthe base 2 property tax, as determined pursuant to Section 34188, for the 3 value of the property retained. 4 (2) If no other agreement is reached on valuation ofthe retained 5 assets, the value will be the fair market value as of the 2011 6 property tax lien date as determined by the county assessor. 7 (g) Establishment of the Recognized Obligation Payment 8 Schedule. 9 (h) A request by the successor agency to enter into an agreement 10 with the city, county, or city and county that formed the 11 redevelopment agency that it is succeeding. 12 (i) A request by a successor agency or taxing entity to pledge, 13 or to enter into an agreement for the pledge of, property tax 14 revenues pursuant to subdivision (b) of Section 34178. 15 (j) The establishment of an enforceable obligation with respect 16 to bond proceeds pursuant to subdivision (i) of Section 34177. 17 However, the oversight board shall not disapprove the 18 establishment of an enforceable obligation with respect to bond 19 proceeds if that obligation is reasonably in furtherance of the 20 purposes for which the bonds were sold. 21 SEC. 3. This act is an urgency statute necessary for the 22 immediate preservation ofthe public peace, health, or safety within 23 the meaning of Article IV of the Constitution and shall go into 24 immediate effect. The facts constituting the necessity are: 25 In order to provide guidance to the successor agencies on the 26 use of bond proceeds, it is necessary for this act to take effect 27 immediately. 0 99 AMENDED IN SENATE JANUARY 31, 2012 AMENDED IN SENATE JANUARY 11, 2012 AMENDED IN SENATE JANUARY 4, 2012 SENATE BILL No. 654 Introduced by Senator Steinberg February 18, 2011 An act to amend Sections 34171, 34176,34177, and 34178 of the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 654, as amended, Steinberg. Redevelopment. Existing law suspends various activities of redevelopment agencies and prohibits the agencies from incurring indebtedness for a specified period. Existing law also dissolves redevelopment agencies and community development agencies, as of October 1, 2011, and designates successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, repay enforceable obligations, as defined, and to remit unencumbered balances of redevelopment agency funds, including housing funds, to the county auditor -controller for distribution to taxing entities. Existing law authorizes the city, county, or city and county that authorized the creation of a redevelopment agency to retain the housing assets, functions, and powers previously performed by the redevelopment agency, excluding amounts on deposit in the Low and Moderate Income Housing Fund. 96 SB 654 —2— This bill would revise the definition of the term "enforceable obligation" and modify provisions relating to the transfer of housing funds and responsibilities associated with dissolved redevelopment agencies. The bill would provide that any amounts on deposit in the Low and Moderate Income Housing Fund of a dissolved redevelopment agency be transferred to specified entities. The bill would make conforming changes. Existing law provides that upon a specified date, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid. Notwithstanding this provision, an agreement that provided loans or other startup funds for the agency that was entered into within 2 years of the formation of the agency is valid and binds the successor agency. The bill would expand this exception to include an agreement involving a loan specific to a project area and other specified obligations. This bill would declare that it is to take effect immediately as an urgency statute. Vote: %-majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 34171 of the Health and Safety Code is 2 amended to read: 3 34171. The following terms shall have the following meanings: 4 (a) "Administrative budget" means the budget for administrative 5 costs of the successor agencies as provided in Section 34177. 6 (b) "Administrative cost allowance" means an amount that, 7 subject to the approval of the oversight board, is payable from 8 property tax revenues of up to 5 percent of the property tax 9 allocated to the successor agency for the 2011-12 fiscal year and 10 up to 3 percent of the property tax allocated to the Redevelopment 11 Obligation Retirement Fund money that is allocated to the 12 successor agency for each fiscal year thereafter; provided, however, 13 that the amount shall not be less than two hundred fifty thousand 14 dollars ($250,000) for any fiscal year or such lesser amount as 15 agreed to by the successor agency. However, the allowance amount 16 shall exclude any administrative costs that can be paid from bond 17 proceeds or from sources other than property tax. 96 -3— SB 654 1 (c) "Designated local authority" shall mean a public entity 2 formed pursuant to subdivision (d) of Section 34173. 3 (d) (1) "Enforceable obligation" means any of the following: 4 (A) Bonds, as defined by Section 33602 and bonds issued 5 pursuant to Section 58383 of the Government Code, including the 6 required debt service, reserve set -asides, and any other payments 7 required under the indenture or similar documents governing the 8 issuance of the outstanding bonds of the former redevelopment 9 agency. 10 (B) Loans of moneys borrowed by the redevelopment agency 11 for a lawful purpose, to the extent they are legally required to be 12 repaid pursuant to a required repayment schedule or other 13 mandatory loan terms. 14 (C) Payments required by the federal government, preexisting 15 obligations to the state or obligations imposed by state law, other 16 than passthrough payments that are made by the county 17 auditor -controller pursuant to Section 34183, or legally enforceable 18 payments required in connection with the agencies' employees, 19 including, but not limited to, pension payments, pension obligation 20 debt service, unemployment payments, or other obligations 21 conferred through a collective bargaining agreement. 22 (D) Judgments or settlements entered by a competent court of 23 law or binding arbitration decisions against the former 24 redevelopment agency, other than passthrough payments that are 25 made by the county auditor -controller pursuant to Section 34183. 26 Along with the successor agency, the oversight board shall have 27 the authority and standing to appeal any judgment or to set aside 28 any settlement or arbitration decision. 29 (E) Any legally binding and enforceable agreement or contract 30 that is not otherwise void as violating the debt limit or public 31 policy. However, nothing in this act shall prohibit either the 32 successor agency, with the approval or at the direction of the 33 oversight board, or the oversight board itself from terminating any 34 existing agreements or contracts and providing any necessary and 35 required compensation or remediation for such termination. 36 (F) Contracts or agreements necessary for the administration or 37 operation of the successor agency, in accordance with this part, 38 including, but not limited to, agreements to purchase or rent office 39 space, equipment and supplies, and pay -related expenses pursuant 96 SB 654 — 4 — 1 to Section 33127 and for carrying insurance pursuant to Section 2 33134. 3 (G) Amounts borrowed from or payments owing to the Low 4 and Moderate Income Housing Fund of a redevelopment agency, 5 which had been deferred as of the effective date of the act adding 6 this part; provided, however, that the repayment schedule is 7 approved by the oversight board. 8 (2) For purposes of this part, "enforceable obligation" does not 9 include any agreements, contracts, or arrangements between the 10 city, county, or city and county that created the redevelopment 11 agency and the former redevelopment agency. However, written 12 agreements entered into (A) at the time of issuance, but in no event 13 later than December 31, 2010, of indebtedness obligations, and 14 (B) solely for the purpose of securing or repaying those 15 indebtedness obligations may be deemed enforceable obligations 16 for purposes of this part. Notwithstanding this paragraph, loan 17 agreements entered into between the redevelopment agency and 18 the city, county, or city and county that created it, within two years 19 ofthe date of creation ofthe redevelopment agency, or within two 20 years of the date of the creation of a project area if the loan is 21 specific to that project area, and any obligations imposed by 22 paragraph (1) of subdivision (d) of Section 33691 may be deemed 23 to be enforceable obligations. 24 (3) Contracts or agreements between the former redevelopment 25 agency and other public agencies, to perform services or provide 26 funding for governmental or private services or capital projects 27 outside of redevelopment project areas that do not provide benefit 28 to the redevelopment project and thus were not properly authorized 29 under Part 1 (commencing with Section 33000) shall be deemed 30 void on the effective date of this part; provided, however, that such 31 contracts or agreements for the provision of housing properly 32 authorized under Part 1 (commencing with Section 33000) shall 33 not be deemed void. 34 (e) "Indebtedness obligations" means bonds, notes, certificates 35 of participation, or other evidence of indebtedness, issued or 36 delivered by the redevelopment agency, or by a joint exercise of 37 powers authority created by the redevelopment agency, to 38 third -party investors or bondholders to finance or refinance 39 redevelopment projects undertaken by the redevelopment agency 96 — 5 — SB 654 1 in compliance with the Community Redevelopment Law (Part 1 2 (commencing with Section 33000)). 3 (f) "Oversight board" shall mean each entity established pursuant 4 to Section 34179. 5 (g) "Recognized obligation" means an obligation listed in the 6 Recognized Obligation Payment Schedule. 7 (h) "Recognized Obligation Payment Schedule" means the 8 document setting forth the minimum payment amounts and due 9 dates of payments required by enforceable obligations for each 10 six-month fiscal period as provided in subdivision (m) of Section 11 34177. 12 (i) "School entity" means any entity defined as such in 13 subdivision (f) of Section 95 of the Revenue and Taxation Code. 14 (j) "Successor agency" means the county, city, or city and county 15 that authorized the creation of each redevelopment agency or 16 another entity as provided in Section 34173. 17 (k) "Taxing entities" means cities, counties, a city and county, 18 special districts, and school entities, as defined in subdivision (f) 19 of Section 95 of the Revenue and Taxation Code, that receive 20 passthrough payments and distributions of property taxes pursuant 21 to the provisions of this part. 22 SEC. 2. Section 34176 of the Health and Safety Code is 23 amended to read: 24 34176. (a) The city, county, or city and county that authorized 25 the creation of a redevelopment agency may elect to retain the 26 housing assets and functions previously performed by the 27 redevelopment agency. If a city, county, or city and county elects 28 to retain the responsibility for performing housing functions 29 previously performed by a redevelopment agency, all rights, 30 powers, duties, and obligations associated with the housing 31 activities of the agency, including any amounts on deposit in the 32 Low and Moderate Income Housing Fund, shall be transferred to 33 the city, county, or city and county. Any funds transferred to the 34 city, county, or city and county pursuant to this subdivision shall 35 be maintained in a separate Low and Moderate Income Housing 36 Fund and expended pursuant to the provisions of the Community 37 Redevelopment Law relating to the Low and Moderate Income 38 Housing Fund. 39 (b) If a city, county, or city and county does not elect to retain 40 the responsibility for performing housing functions previously 96 SB 654 — 6 — 1 performed by a redevelopment agency, all rights, powers, assets, 2 liabilities, duties, and obligations associated with the housing 3 activities of the agency, including any amounts in the Low and 4 Moderate Income Housing Fund, shall be transferred as follows: 5 (1) Where there is one local housing authority in the territorial 6 jurisdiction of the former redevelopment agency, to that local 7 housing authority. 8 (2) Where there is more than one local housing authority in the 9 territorial jurisdiction of the former redevelopment agency, to the 10 local housing authority selected by the city, county, or city and 11 county that authorized the creation of the redevelopment agency. 12 (3) Where there is no local housing authority in the territorial 13 jurisdiction of the former redevelopment agency or where the local 14 housing authority selected does not accept the responsibility for 15 performing housing functions previously performed by the former 16 redevelopment agency, to the Department of Housing and 17 Community Development. 18 (c) Commencing on the operative date of this part, the entity 19 assuming the housing functions formerly performed by the 20 redevelopment agency shall enforce affordability covenants and 21 perform related activities pursuant to applicable provisions of the 22 Community Redevelopment Law (Part 1 (commencing with 23 Section 33000)), including, but not limited to, Section 33418. 24 SEC. 3. Section 34177 of the Health and Safety Code is 25 amended to read: 26 34177. Successor agencies are required to do all of the 27 following: 28 (a) Continue to make payments due for enforceable obligations. 29 (1) On and after October 1, 2011, and until a Recognized 30 Obligation Payment Schedule becomes operative, only payments 31 required pursuant to an enforceable obligations payment schedule 32 shall be made. The initial enforceable obligation payment schedule 33 shall be the last schedule adopted by the redevelopment agency 34 under Section 34169. However, payments associated with 35 obligations excluded from the definition of enforceable obligations 36 by paragraph (2) of subdivision (d) of Section 34171 shall be 37 excluded from the enforceable obligations payment schedule and 38 be removed from the last schedule adopted by the redevelopment 39 agency under Section 34169 prior to the successor agency adopting 40 it as its enforceable obligations payment schedule pursuant to this 96 -7— SB654 1 subdivision. The enforceable obligation payment schedule may 2 be amended by the successor agency at any public meeting and 3 shall be subject to the approval of the oversight board as soon as 4 the board has sufficient members to form a quorum. 5 (2) The Department of Finance and the Controller shall each 6 have the authority to require any documents associated with the 7 enforceable obligations to be provided to them in a manner of their 8 choosing. Any taxing entity, the department, and the Controller 9 shall each have standing to file a judicial action to prevent a 10 violation under this part and to obtain injunctive or other 11 appropriate relief. 12 (3) Commencing on January 1, 2012, only those payments listed 13 in the Recognized Obligation Payment Schedule may be made by 14 the successor agency from the funds specified in the Recognized 15 Obligation Payment Schedule. In addition, commencing January 16 1, 2012, the Recognized Obligation Payment Schedule shall 17 supersede the Statement of Indebtedness, which shall no longer 18 be prepared nor have any effect under the Community 19 Redevelopment Law. 20 (4) Nothing in the act adding this part is to be construed as 21 preventing a successor agency, with the prior approval of the 22 oversight board, as described in Section 34179, from making 23 payments for enforceable obligations from sources other than those 24 listed in the Recognized Obligation Payment Schedule. 25 (5) From October 1, 2011, to July 1, 2012, a successor agency 26 shall have no authority and is hereby prohibited from accelerating 27 payment or making any lump -sum payments that are intended to 28 prepay loans unless such accelerated repayments were required 29 prior to the effective date of this part. 30 (b) Maintain reserves in the amount required by indentures, 31 trust indentures, or similar documents governing the issuance of 32 outstanding redevelopment agency bonds. 33 (c) Perform obligations required pursuant to any enforceable 34 obligation. 35 (d) Remit unencumbered balances of redevelopment agency 36 funds to the county auditor -controller for distribution to the taxing 37 entities. In making the distribution, the county auditor -controller 38 shall utilize the same methodology for allocation and distribution 39 of property tax revenues provided in Section 34188. 96 SB 654 — 8 — 1 (e) Dispose of assets and properties of the former redevelopment 2 agency as directed by the oversight board; provided, however, that 3 the oversight board may instead direct the successor agency to 4 transfer ownership of certain assets pursuant to subdivision (a) of 5 Section 34181. The disposal is to be done expeditiously and in a 6 manner aimed at maximizing value. Proceeds from asset sales and 7 related funds that are no longer needed for approved development 8 projects or to otherwise wind down the affairs of the agency, each 9 as determined by the oversight board, shall be transferred to the 10 county auditor -controller for distribution as property tax proceeds 11 under Section 34188. 12 (f) Enforce all former redevelopment agency rights for the 13 benefit of the taxing entities, including, but not limited to, 14 continuing to collect loans, rents, and other revenues that were due 15 to the redevelopment agency. 16 (g) Effectuate transfer of housing functions and assets to the 17 appropriate entity designated pursuant to Section 34176. 18 (h) Expeditiously wind down the affairs of the redevelopment 19 agency pursuant to the provisions of this part and in accordance 20 with the direction of the oversight board. 21 (i) Continue to oversee development of properties until the 22 contracted work has been completed or the contractual obligations 23 of the former redevelopment agency can be transferred to other 24 parties. Bond proceeds shall be used for the purposes for which 25 bonds were sold unless the purposes can no longer be achieved, 26 in which case, the proceeds may be used to defease the bonds. 27 (j) Prepare a proposed administrative budget and submit it to 28 the oversight board for its approval. The proposed administrative 29 budget shall include all of the following: 30 (1) Estimated amounts for successor agency administrative costs 31 for the upcoming six-month fiscal period. 32 (2) Proposed sources of payment for the costs identified in 33 paragraph (1). 34 (3) Proposals for arrangements for administrative and operations 35 services provided by a city, county, city and county, or other entity. 36 (k) Provide administrative cost estimates, from its approved 37 administrative budget that are to be paid from property tax revenues 38 deposited in the Redevelopment Property Tax Trust Fund, to the 39 county auditor -controller for each six-month fiscal period. 96 — 9 — SB 654 1 (1) (1) Before each six-month fiscal period, prepare a 2 Recognized Obligation Payment Schedule in accordance with the 3 requirements of this paragraph. For each recognized obligation, 4 the Recognized Obligation Payment Schedule shall identify one 5 or more of the following sources of payment: 6 (A) Low and Moderate Income Housing Fund. 7 (B) Bond proceeds. 8 (C) Reserve balances. 9 (D) Administrative cost allowance. 10 (E) The Redevelopment Property Tax Trust Fund, but only to 11 the extent no other funding source is available or when payment 12 from property tax revenues is required by an enforceable obligation 13 or by the provisions of this part. 14 (F) Other revenue sources, including rents, concessions, asset 15 sale proceeds, interest earnings, and any other revenues derived 16 from the former redevelopment agency, as approved by the 17 oversight board in accordance with this part. 18 (2) A Recognized Obligation Payment Schedule shall not be 19 deemed valid unless all of the following conditions have been met: 20 (A) A draft Recognized Obligation Payment Schedule is 21 prepared by the successor agency for the enforceable obligations 22 of the former redevelopment agency by November 1, 2011. From 23 October 1, 2011, to July 1, 2012, the initial draft of that schedule 24 shall project the dates and amounts of scheduled payments for 25 each enforceable obligation for the remainder of the time period 26 during which the redevelopment agency would have been 27 authorized to obligate property tax increment had such a 28 redevelopment agency not been dissolved, and shall be reviewed 29 and certified, as to its accuracy, by an external auditor designated 30 pursuant to Section 34182. 31 (B) The certified Recognized Obligation Payment Schedule is 32 submitted to and duly approved by the oversight board. 33 (C) A copy of the approved Recognized Obligation Payment 34 Schedule is submitted to the county auditor -controller and both 35 the Controller's office and the Department of Finance and be posted 36 on the successor agency's Internet Web site. 37 (3) The Recognized Obligation Payment Schedule shall be 38 forward looking to the next six months. The first Recognized 39 Obligation Payment Schedule shall be submitted to the Controller's 40 office and the Department of Finance by December 15, 2011, for 96 SB 654 —10 — 1 the period of January 1, 2012, to June 30, 2012, inclusive. Former 2 redevelopment agency enforceable obligation payments due, and 3 reasonable or necessary administrative costs due or incurred, prior 4 to January 1, 2012, shall be made from property tax revenues 5 received in the spring of 2011 property tax distribution, and from 6 other revenues and balances transferred to the successor agency. 7 SEC. 4. Section 34178 of the Health and Safety Code is 8 amended to read: 9 34178. (a) Commencing on the operative date of this part, 10 agreements, contracts, or arrangements between the city or county, 11 or city and county that created the redevelopment agency and the 12 redevelopment agency are invalid and shall not be binding on the 13 successor agency; provided, however, that a successor entity 14 wishing to enter or reenter into agreements with the city, county, 15 or city and county that formed the redevelopment agency that it 16 is succeeding may do so upon obtaining the approval of its 17 oversight board. 18 (b) Notwithstanding subdivision (a), any of the following 19 agreements are not invalid and may bind the successor agency: 20 (1) A duly authorized written agreement entered into at the time 21 of issuance, but in no event later than December 31, 2010, of 22 indebtedness obligations, and solely for the purpose of securing 23 or repaying those indebtedness obligations. 24 (2) A written agreement between a redevelopment agency and 25 the city, county, or city and county that created it that provided 26 loans or other startup funds for the redevelopment agency that 27 were entered into within two years of the formation of the 28 redevelopment agency, or within two years of the date of the 29 creation of a project area if the loan is specific to that project area, 30 and any obligations imposed by paragraph (1) of subdivision (d) 31 of Section 33691. 32 (3) A joint exercise of powers agreement in which the 33 redevelopment agency is a member of the joint powers authority. 34 However, upon assignment to the successor agency by operation 35 of the act adding this part, the successor agency's rights, duties, 36 and performance obligations under that joint exercise of powers 37 agreement shall be limited by the constraints imposed on successor 38 agencies by the act adding this part. 39 SEC. 5. This act is an urgency statute necessary for the 40 immediate preservation of the public peace, health, or safety within 96 — 11 — SB 654 1 the meaning of Article IV of the Constitution and shall go into 2 3 4 5 it is necessary that this act take immediate cffcct. immediate cffcct. The facts constituting the necessity arc: responsibilities associated with dissolved redevelopment agencies, 0 96 AMENDED IN ASSEMBLY MARCH 15, 2012 AMENDED IN ASSEMBLY MARCH 8, 2012 CALIFORNIA LEGISLATURE -2011-12 REGULAR SESSION ASSEMBLY BILL No. 1585 Introduced by Assembly Members John A. Perez, Atkins, Dickinson, Hill, Mitchell, Perea, and Torres February 2, 2012 An act to amend Sections 34171, 34173, 34176, 34177, 34179, 34180, 34181, 34182, 34183, 34187, and 34189 of the Health and Safety Code, relating to redevelopment, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1585, as amended, John A. Perez. Redevelopment. Existing law dissolves dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and designates provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, repay enforceable obligations, as defined, and to remit unencumbered balances of redevelopment agency funds, including housing funds, to the county auditor -controller for distribution to taxing entities. Existing law authorizes the city, county, or city and county that authorized the creation of a redevelopment agency to retain the housing assets, functions, and powers previously performed by the redevelopment agency, excluding amounts on deposit in the Low and Moderate Income Housing Fund. 97 AB 1585 —2— This bill would modify the scope of the term "enforceable obligation" and modify provisions relating to the transfer of housing funds and responsibilities associated with dissolved redevelopment agencies. The bill would provide that any amounts on deposit in the Low and Moderate Income Housing Fund of a dissolved redevelopment agency be transferred to specified entities. The bill would make conforming changes. Existing law provides that, upon a specified date, agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid. Notwithstanding this provision, an agreement that provided loans or other startup funds for the agency that was entered into within 2 years of the formation of the agency is valid and binds the successor agency. The bill would expand this exception to include an agreement involving a loan specific to a project area and other specified obligations. The bill would provide that other loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it are deemed to be enforceable obligations, except as specified. The bill would further expand upon, and clarify, the scope of the successor agency's and the oversight board's responsibilities. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2A. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 34171 of the Health and Safety Code is 2 amended to read: 3 34171. The following terms shall have the following meanings: 4 (a) "Administrative budget" means the budget for administrative 5 costs of the successor agencies as provided in Section 34177. 6 (b) "Administrative cost allowance" means an amount that, 7 subject to the approval of the oversight board, is payable from 8 property tax revenues of up to 5 percent of the property tax 9 allocated to the former redevelopment agency and successor agency 10 for the 2011-12 fiscal year and up to 3 percent of the property tax 11 allocated to the Redevelopment Obligation Retirement Fund money 12 that is allocated to the successor agency for each fiscal year 97 — 3 — AB 1585 1 thereafter, except as provided by subdivision (l) of Section 34180; 2 provided, however, that the amount shall not be less than two 3 hundred fifty thousand dollars ($250,000) for any fiscal year or 4 such lesser amount as agreed to by the successor agency. However, 5 the allowance amount shall exclude any administrative costs that 6 can be paid from bond proceeds or from sources other than property 7 tax. Employee costs associated with work on specific project 8 implementation activities,including, but not limited to, construction 9 inspection, project management, or actual construction, shall be 10 considered project -specific costs and are not administrative costs. 11 (c) "Designated local authority" shall mean a public entity 12 formed pursuant to subdivision (d) of Section 34173. 13 (d) (1) "Enforceable obligation" means any of the following: 14 (A) Bonds, as defined by Section 33602 and bonds issued 15 pursuant to Section 5850 of the Government Code, including the 16 required annual debt service, reserve set -asides, and any other 17 payments required under the indenture or similar documents 18 governing the issuance of the outstanding bonds of the former 19 redevelopment agency. 20 (B) Loans of moneys borrowed by the redevelopment agency 21 for a lawful purpose, to the extent they are legally required to be 22 repaid pursuant to a required repayment schedule or other 23 mandatory loan terms. 24 (C) Payments required by the federal government, preexisting 25 obligations to the state or obligations imposed by state law, other 26 than passthrough payments that are made by the county 27 auditor -controller pursuant to Section 34183, or legally enforceable 28 payments required in connection with the agencies' employees, 29 including, but not limited to, pension payments, pension obligation 30 debt service, unemployment payments, or other obligations 31 conferred through a collective bargaining agreement. Costs incurred 32 to fulfill collective bargaining agreements for layoffs or 33 terminations of city employees who performed work directly on 34 behalf of the former redevelopment agency shall be considered 35 enforceable obligations payable from property tax funds. The 36 obligations to employees specified in this subparagraph shall 37 remain enforceable obligations payable from property tax funds 38 for any employee to whom those obligations apply if that employee 39 is transferred to the entity assuming the housing functions of the 40 former redevelopment agency pursuant to Section 34176. The 97 AB 1585 —4- 1 successor agency or designated local authority shall enter into an 2 agreement with the housing entity to reimburse it for any costs of 3 the employee obligations. 4 (D) Judgments or settlements entered by a competent court of 5 law or binding arbitration decisions against the former 6 redevelopment agency, other than passthrough payments that are 7 made by the county auditor -controller pursuant to Section 34183. 8 Along with the successor agency, the oversight board shall have 9 the authority and standing to appeal any judgment or to set aside 10 any settlement or arbitration decision. 11 (E) Any legally binding and enforceable agreement or contract 12 that is not otherwise void as violating the debt limit or public 13 policy. However, nothing in this act shall prohibit either the 14 successor agency, with the approval or at the direction of the 15 oversight board, or the oversight board itself from terminating any 16 existing agreements or contracts and providing any necessary and 17 required compensation or remediation for such termination. 18 (F) Contracts or agreements necessary for the administration or 19 operation of the successor agency, in accordance with this part, 20 including, but not limited to, agreements to purchase or rent office 21 space, equipment and supplies, and pay -related expenses pursuant 22 to Section 33127 and for carrying insurance pursuant to Section 23 33134. 24 (G) Amounts borrowed from or payments owing to the Low 25 and Moderate Income Housing Fund of a redevelopment agency, 26 which had been deferred as of the effective date of the act adding 27 this part; provided, however, that the repayment schedule is 28 approved by the oversight board. Repayments shall be made to 29 the Low and Moderate Income Housing Fund maintained by the 30 entity assuming the housing functions formerly performed by the 31 redevelopment agency, as described in Section 34176. 32 (2) (A) Except as specifically provided in this part, "enforceable 33 obligation" does not include any agreements, contracts, or 34 arrangements between the city, county, or city and county that 35 created the redevelopment agency and the former redevelopment 36 agency. However, written agreements entered into (i) at the time 37 of issuance, but in no event later than December 31, 2010, of 38 indebtedness obligations, and (ii) solely for the purpose of securing 39 or repaying those indebtedness obligations may be deemed 40 enforceable obligations for purposes of this part. 97 — 5 — AB 1585 1 (B) Loan agreements entered into between the redevelopment 2 agency and the city, county, or city and county that created it, 3 within two years of the date of creation of the redevelopment 4 agency, or within two years of the date of the creation of a project 5 area if the loan is specific to that project area, and any obligations 6 imposed by paragraph (1) of subdivision (d) of Section 33691 may 7 be deemed to be enforceable obligations. 8 (C) Other loan agreements entered into between the 9 redevelopment agency and the city, county, or city and county that 10 created it shall be deemed to be enforceable obligations, if the 11 conditions of subdivision (k) of Section 34180 are met. 12 (3) Contracts or agreements between the former redevelopment 13 agency and other public agencies, to perform services or provide 14 funding for governmental or private services or capital projects 15 outside of redevelopment project areas that do not provide benefit 16 to the redevelopment project and thus were not properly authorized 17 under Part 1 (commencing with Section 33000) shall be deemed 18 void on the effective date of this part; provided, however, that such 19 contracts or agreements for the provision of housing properly 20 authorized under Part 1 (commencing with Section 33000) shall 21 not be deemed void. 22 (e) "Indebtedness obligations" means bonds, notes, certificates 23 of participation, or other evidence of indebtedness, issued or 24 delivered by the redevelopment agency, or by a joint exercise of 25 powers authority created by the redevelopment agency, to 26 third -party investors or bondholders to finance or refinance 27 redevelopment projects undertaken by the redevelopment agency 28 in compliance with the Community Redevelopment Law (Part 1 29 (commencing with Section 33000)). 30 (f) "Oversight board" shall mean each entity established pursuant 31 to Section 34179. 32 (g) "Recognized obligation" means an obligation listed in the 33 Recognized Obligation Payment Schedule. 34 (h) "Recognized Obligation Payment Schedule" means the 35 document setting forth the minimum payment amounts and due 36 dates of payments required by enforceable obligations for each 37 six-month fiscal period or annual period as provided in subdivision 38 (1) of Section 34177. 39 (i) "School entity" means any entity defined as such in 40 subdivision (f) of Section 95 of the Revenue and Taxation Code. 97 AB 1585 —6- 1 (j) "Successor agency" means the county, city, or city and county 2 that authorized the creation of each redevelopment agency acting 3 in its separate capacity as a successor agency or another entity as 4 provided in Section 34173. 5 (k) "Taxing entities" means cities, counties, a city and county, 6 special districts, and school entities, as defined in subdivision (f) 7 of Section 95 of the Revenue and Taxation Code, that receive 8 passthrough payments and distributions of property taxes pursuant 9 to the provisions of this part. 10 SEC. 2. Section 34173 of the Health and Safety Code is 11 amended to read: 12 34173. (a) Successor agencies, as defined in this part, are 13 hereby designated as successor entities to the former redevelopment 14 agencies. A successor agency shall constitute a legally distinct and 15 separate body that acts, by resolution, on its own behalf and shall 16 have all the powers and duties set forth herein, the power to sue 17 and be sued, and such additional powers as may be conferred upon 18 it. 19 (b) Except for those provisions of the Community 20 Redevelopment Law that are repealed, restricted, or revised 21 pursuant to the act adding this part, all authority, rights, powers, 22 duties, and obligations previously vested with the former 23 redevelopment agencies, under the Community Redevelopment 24 Law, are hereby vested in the successor agencies. 25 (c) (1) Where the redevelopment agency was in the form of a 26 joint powers authority, and where the joint powers agreement 27 governing the formation of the joint powers authority addresses 28 the allocation of assets and liabilities upon dissolution ofthe joint 29 powers authority, then each of the entities that created the former 30 redevelopment agency may be a successor agency within the 31 meaning of this part and each shall have a share of assets and 32 liabilities based on the provisions ofthe joint powers agreement. 33 (2) Where the redevelopment agency was in the form of a joint 34 powers authority, and where the joint powers agreement governing 35 the formation of the joint powers authority does not address the 36 allocation of assets and liabilities upon dissolution of the joint 37 powers authority, then each of the entities that created the former 38 redevelopment agency may be a successor agency within the 39 meaning of this part, a proportionate share of the assets and 40 liabilities shall be based on the assessed value in the project areas 97 — 7 — AB 1585 1 within each entity's jurisdiction, as determined by the county 2 assessor, in its jurisdiction as compared to the assessed value of 3 land within the boundaries of the project areas of the former 4 redevelopment agency. 5 (d) (1) A city, county, city and county, or the entities forming 6 the joint powers authority that authorized the creation of each 7 redevelopment agency may elect not to serve as a successor agency 8 under this part. A city, county, city and county, or any member of 9 a joint powers authority that elects not to serve as a successor 10 agency under this part must file a copy of a duly authorized 11 resolution of its governing board to that effect with the county 12 auditor -controller no later than January 13, 2012. 13 (2) The determination of the first local agency that elects to 14 become the successor agency shall be made by the county 15 auditor -controller based on the earliest receipt by the county 16 auditor -controller of a copy of a duly adopted resolution of the 17 local agency's governing board authorizing such an election. As 18 used in this section, "local agency" means any city, county, city 19 and county, or special district in the county of the former 20 redevelopment agency. 21 (3) If no local agency elects to serve as a successor agency for 22 a dissolved redevelopment agency, a public body, referred to herein 23 as a "designated local authority" shall be immediately formed, 24 pursuant to this part, in the county and shall be vested with all the 25 powers and duties of a successor agency as described in this part. 26 The Governor shall appoint three residents of the county to serve 27 as the governing board of the authority. The designated local 28 authority shall serve as successor agency until a local agency elects 29 to become the successor agency in accordance with this section. 30 (4) A city, county, or city and county, or the entities forming 31 the joint powers authority that authorized the creation of a 32 redevelopment agency and that elected not to serve as the successor 33 agency under this part, may subsequently reverse this decision and 34 agree to serve as the successor agency pursuant to this section. 35 (e) The liability of any successor agency, acting pursuant to the 36 powers granted under the act adding this part, shall be limited to 37 the extent of the total sum of property tax revenues it receives 38 pursuant to this part and the value of assets transferred to it as a 39 successor agency for a dissolved redevelopment agency. 97 AB 1585 —8- 1 SEC. 3. Section 34176 of the Health and Safety Code is 2 amended to read: 3 34176. (a) The city, county, or city and county that authorized 4 the creation of a redevelopment agency may elect to retain the 5 housing assets and functions previously performed by the 6 redevelopment agency. If a city, county, or city and county elects 7 to retain the responsibility for performing housing functions 8 previously performed by a redevelopment agency, all rights, 9 powers, duties, and obligations associated with the housing 10 activities of the agency, including any amounts on deposit in the 11 Low and Moderate Income Housing Fund, shall be transferred to 12 the city, county, or city and county. Any funds transferred to the 13 city, county, or city and county pursuant to this subdivision shall 14 be maintained in a separate Low and Moderate Income Housing 15 Fund and expended pursuant to the provisions of the Community 16 Redevelopment Law relating to the Low and Moderate Income 17 Housing Fund. 18 (b) If a city, county, or city and county does not elect to retain 19 the responsibility for performing housing functions previously 20 performed by a redevelopment agency, all rights, powers, assets, 21 liabilities, duties, and obligations associated with the housing 22 activities of the agency, including any amounts in the Low and 23 Moderate Income Housing Fund, shall be transferred as follows: 24 (1) Where there is one local housing authority in the territorial 25 jurisdiction of the former redevelopment agency, to that local 26 housing authority. 27 (2) Where there is more than one local housing authority in the 28 territorial jurisdiction of the former redevelopment agency, to the 29 local housing authority selected by the city, county, or city and 30 county that authorized the creation of the redevelopment agency. 31 (3) Where there is no local housing authority in the territorial 32 jurisdiction of the former redevelopment agency or where the local 33 housing authority selected does not accept the responsibility for 34 performing housing functions previously performed by the former 35 redevelopment agency, to the Department of Housing and 36 Community Development. Funds shall be deposited into the State 37 Low and Moderate Income Housing Trust Fund and awarded on 38 a competitive basis to projects within the counties in which the 39 funds were collected. Priority shall be given to eligible projects 40 for extremely low, very low, and low-income projects. 97 — 9 — AB 1585 1 (c) Commencing on the operative date of this part, the entity 2 assuming the housing functions formerly performed by the 3 redevelopment agency shall enforce affordability covenants and 4 perform related activities pursuant to applicable provisions of the 5 Community Redevelopment Law (Part 1 (commencing with 6 Section 33000), including, but not limited to, Section 33418. 7 (d) If the city, county, or city and county, or other public 8 cntitythat performs housing functions pursuant to this section has 9 not expended or encumbered The succeeding housing entity shall 10 contract to expend at least 80 percent of the moneys in the Low 11 and Moderate Income Housing Fund within -Four two years of the 12 date of receipt of those moneys by the entity assuming housing 13 responsibilities pursuant to this part. If within four years of the 14 date of receipt of those moneys the succeeding housing entity has 15 not spent the money in the Low and Moderate Income Housing 16 Fund, then the excess amount, minus the amount necessarily 17 reserved for the ongoing monitoring and maintenance of affordable 18 housing projects, shall be transferred to the State Low and 19 Moderate Income Housing Trust Fund, which is hereby created, 20 for expenditure by the Department of Housing and Community 21 Development for the purpose of increasing the supply of low- and 22 moderate -income housing in the county with priority given to 23 extremely low, very low, and low-income projects. Excess funds 24 shall not be transferred to the department if the succeeding housing 25 entity applies for, and receives, a waiver from the department. If 26 a waiver is granted, funds shall remain with the entity for an 27 additional two years from the date of waiver approval. In approving 28 a waiver, the department shall consider, among other factors, 29 whether the city, county, or city and county, or housing authority 30 has a site specific project plan with local approvals, including the 31 issuance of building permits, whether the project has secured 32 financing, and evidence that some funds have been expended from 33 the Low and Moderate Income Housing Fund. A succeeding 34 housing entity may reapply at the end of the two-year period for 35 a renewal of the previously granted waiver. 36 (e) A succeeding housing entity may transfer all or a portion of 37 the moneys in the Low and Moderate Income Housing Fund to 38 another succeeding housing entity within the county where the 39 moneys were collected, to be spent on affordable housing if all of 40 the following conditions are met: 97 AB 1585 —10 — 1 (1) The funds shall be spent on projects that primarily benefit 2 low-income families or families that are below low income. 3 (2) Both succeeding housing entities involved in the transfer 4 adopt a resolution detailing the need for the transfer offunds and 5 the intended use of the funds by the receiving jurisdiction. 6 (3) The funds shall be spent in compliance with subdivision (d). 7 (f) The succeeding housing entity shall, within 45 days of the 8 date the act amending this section takes effect or 45 days from 9 receipt of moneys for the Low and Moderate Income Housing 10 Fund, whichever date is later, notify the department of the amount 11 of moneys on deposit in the Low and Moderate Income Housing 12 Fund and that entity's plan for spending the funds. Two years from 13 this date, the succeeding housing entity shall report to the 14 department the percentage offunds that it has entered into contract 15 to spend. Within four years of receipt of the funds, the succeeding 16 housing entity shall report to the department if there are remaining 17 moneys in the Low and Moderate Income Housing Fund and if it 18 will apply for a waiver specified in subdivision (d) or whether the 19 excess amount will be transferred to the department. 20 (g) For purposes of this section, "succeeding housing entity" 21 means the entity that assumes responsibility for retaining the 22 housing assets and functions previously performed by a 23 redevelopment agency, as described in subdivisions (a) and (b). 24 SEC. 4. Section 34177 of the Health and Safety Code is 25 amended to read: 26 34177. Successor agencies are required to do all of the 27 following: 28 (a) Continue to make payments due for enforceable obligations. 29 (1) On and after February 1, 2012, and until a Recognized 30 Obligation Payment Schedule becomes operative, only payments 31 required pursuant to an enforceable obligations payment schedule 32 shall be made. The initial enforceable obligation payment schedule 33 shall be the last schedule adopted by the redevelopment agency 34 under Section 34169. However, payments associated with 35 obligations excluded from the definition of enforceable obligations 36 by paragraph (2) of subdivision (e) of Section 34171 shall be 37 excluded from the enforceable obligations payment schedule and 38 be removed from the last schedule adopted by the redevelopment 39 agency under Section 34169 prior to the successor agency adopting 40 it as its enforceable obligations payment schedule pursuant to this 97 -11— AB 1585 1 subdivision. The enforceable obligation payment schedule may 2 be amended by the successor agency at any public meeting and 3 shall be subject to the approval of the oversight board as soon as 4 the board has sufficient members to form a quorum. 5 (2) The Department of Finance and the Controller shall each 6 have the authority to require any documents associated with the 7 enforceable obligations to be provided to them in a manner of their 8 choosing. Any taxing entity, the department, and the Controller 9 shall each have standing to file a judicial action to prevent a 10 violation under this part and to obtain injunctive or other 11 appropriate relief. 12 (3) Commencing on the date the Recognized Obligation Payment 13 Schedule is valid pursuant to subdivision (1), only those payments 14 listed in the Recognized Obligation Payment Schedule may be 15 made by the successor agency from the funds specified in the 16 Recognized Obligation Payment Schedule. In addition, 17 commencing on the date the Recognized Obligation Payment 18 Schedule is valid pursuant to subdivision (1), the Recognized 19 Obligation Payment Schedule shall supersede the Statement of 20 Indebtedness, which shall no longer be prepared nor have any 21 effect under the Community Redevelopment Law. 22 (4) Nothing in the act adding this part is to be construed as 23 preventing a successor agency, with the prior approval of the 24 oversight board, as described in Section 34179, from making 25 payments for enforceable obligations from sources other than those 26 listed in the Recognized Obligation Payment Schedule. 27 (5) From February 1, 2012, to July 1, 2012, a successor agency 28 shall have no authority and is hereby prohibited from accelerating 29 payment or making any lump -sum payments that are intended to 30 prepay loans unless such accelerated repayments were required 31 prior to the effective date of this part. 32 (b) Maintain reserves in the amount required by indentures, 33 trust indentures, or similar documents governing the issuance of 34 outstanding redevelopment agency bonds. 35 (c) Perform obligations required pursuant to any enforceable 36 obligation. 37 (d) Remit unencumbered balances of redevelopment agency 38 funds to the county auditor -controller for distribution to the taxing 39 entities. In making the distribution, the county auditor -controller 97 AB 1585 —12 — 1 shall utilize the same methodology for allocation and distribution 2 of property tax revenues provided in Section 34188. 3 (e) Dispose of assets and properties ofthe former redevelopment 4 agency as directed by the oversight board; provided, however, that 5 the oversight board may instead direct the successor agency to 6 transfer ownership of certain assets pursuant to subdivision (a) of 7 Section 34181. The disposal is to be done in an expeditious but 8 orderly manner that preserves the value ofthe asset. Proceeds from 9 asset sales and related funds that are no longer needed for approved 10 development projects or to otherwise wind down the affairs ofthe 11 agency, each as determined by the oversight board, shall be 12 transferred to the county auditor -controller for distribution as 13 property tax proceeds under Section 34188. 14 (f) Enforce all former redevelopment agency rights for the 15 benefit of the taxing entities, including, but not limited to, 16 continuing to collect loans, rents, and other revenues that were due 17 to the redevelopment agency. 18 (g) Effectuate transfer of housing functions and assets to the 19 appropriate entity designated pursuant to Section 34176. 20 (h) Expeditiously wind down the affairs of the redevelopment 21 agency pursuant to the provisions of this part and in accordance 22 with the direction of the oversight board. 23 (i) Continue to oversee development of properties until the 24 contracted work has been completed or the contractual obligations 25 of the former redevelopment agency can be transferred to other 26 parties. Bond proceeds shall be used for the purposes for which 27 bonds were sold unless the purposes can no longer be achieved, 28 in which case, the proceeds may be used to defease the bonds. 29 (j) Prepare a proposed administrative budget and submit it to 30 the oversight board for its approval. The proposed administrative 31 budget shall include all of the following: 32 (1) Estimated amounts for successor agency administrative costs 33 for the upcoming six-month fiscal period. 34 (2) Proposed sources of payment for the costs identified in 35 paragraph (1). 36 (3) Proposals for arrangements for administrative and operations 37 services provided by a city, county, city and county, or other entity. 38 (k) Provide administrative cost estimates, from its approved 39 administrative budget that are to be paid from property tax revenues 97 -13 — AB 1585 1 deposited in the Redevelopment Property Tax Trust Fund, to the 2 county auditor -controller for each six-month fiscal period. 3 (1) (1) Before each six-month fiscal period, prepare a 4 Recognized Obligation Payment Schedule in accordance with the 5 requirements of this paragraph. For each recognized obligation, 6 the Recognized Obligation Payment Schedule shall identify one 7 or more of the following sources of payment: 8 (A) Low and Moderate Income Housing Fund. 9 (B) Bond proceeds. 10 (C) Reserve balances. 11 (D) Administrative cost allowance. 12 (E) The Redevelopment Property Tax Trust Fund, but only to 13 the extent no other funding source is available or when payment 14 from property tax revenues is required by an enforceable obligation 15 or by the provisions of this part. 16 (F) Other revenue sources, including rents, concessions, asset 17 sale proceeds, interest earnings, and any other revenues derived 18 from the former redevelopment agency, as approved by the 19 oversight board in accordance with this part. 20 (2) A Recognized Obligation Payment Schedule shall not be 21 deemed valid unless all of the following conditions have been met: 22 (A) A draft Recognized Obligation Payment Schedule is 23 prepared by the successor agency for the enforceable obligations 24 of the former redevelopment agency by March 1, 2012. From 25 January 1, 2012, to June 30, 2012, inclusive, the initial draft of 26 that schedule shall project the dates and amounts of scheduled 27 payments for each enforceable obligation, and shall be reviewed 28 and certified, as to its accuracy, by an external auditor designated 29 pursuant to Section 34182. 30 (B) The certified Recognized Obligation Payment Schedule is 31 submitted to and duly approved by the oversight board. 32 (C) A copy of the approved Recognized Obligation Payment 33 Schedule is submitted to the county auditor -controller and both 34 the Controller's office and the Department of Finance and be posted 35 on the successor agency's Internet Web site. 36 (3) The Recognized Obligation Payment Schedule shall be 37 forward looking to the next six months. The first Recognized 38 Obligation Payment Schedule shall be submitted to the Controller's 39 office and the Department of Finance by April 15, 2012, for the 40 period of January 1, 2012, to June 30, 2012, inclusive. However, 97 AB 1585 —14 — 1 the first Recognized Obligation Payment Schedule submitted for 2 the year may, if necessary, include the total amount of payments 3 required for an enforceable obligation for the next two six-month 4 periods and, in the case of debt obligations, may include, if 5 necessary, the amount of the annual debt service, reserve set -asides, 6 and any other amounts required under indenture or similar 7 documents. Former redevelopment agency enforceable obligation 8 payments due, and reasonable or necessary administrative costs 9 due or incurred, prior to January 1, 2012, shall be made from 10 property tax revenues received in the spring of 2011 property tax 11 distribution, and from other revenues and balances transferred to 12 the successor agency. 13 SEC. 5. Section 34179 of the Health and Safety Code is 14 amended to read: 15 34179. (a) Each successor agency shall have an oversight 16 board composed of seven members. The members shall elect one 17 of their members as the chairperson and shall report the name of 18 the chairperson and other members to the Department of Finance 19 on or before May 1, 2012. Members shall be selected as follows: 20 (1) One member appointed by the county board of supervisors. 21 (2) One member appointed by the mayor for the city that formed 22 the redevelopment agency. 23 (3) One member appointed by the special district having the 24 largest property tax share within the redevelopment project areas 25 of the former redevelopment agency, which is of the type of special 26 district that is eligible to receive property tax revenues pursuant 27 to Section 34188. 28 (4) One member appointed by the county superintendent of 29 education to represent schools if the superintendent is elected. If 30 the county superintendent of education is appointed, then the 31 appointment made pursuant to this paragraph shall be made by the 32 county board of education. 33 (5) One member appointed by the Chancellor of the California 34 Community Colleges to represent community college districts in 35 the county. 36 (6) One member of the public appointed by the county board 37 of supervisors. 38 (7) One member representing the employees of the former 39 redevelopment agency appointed by the mayor or chair of the 40 board of supervisors, as the case may be, from the recognized 97 -15 — AB 1585 1 employee organization representing the largest number of former 2 redevelopment agency employees employed by the successor 3 agency at that time. In the case where city or county employees 4 performed administrative duties of the former redevelopment 5 agency, the appointment shall be made from the recognized 6 employee organization representing those employees. If a 7 recognized employee organization does not exist for either the 8 employees of the former redevelopment agency or the city or 9 county employees performing administrative duties of the former 10 redevelopment agency, the appointment shall be made from among 11 the employees of the successor agency. In voting to approve a 12 contract as an enforceable obligation, a member appointed pursuant 13 to this paragraph shall not be deemed to be interested in the contract 14 by virtue of being an employee of the successor agency or 15 community for purposes of Section 1090 of the Government Code. 16 (8) If the county or a joint powers agency formed the 17 redevelopment agency, then the largest city by acreage in the 18 territorial jurisdiction of the former redevelopment agency may 19 select one member. If there are no cities with territory in a project 20 area of the redevelopment agency, the county superintendent of 21 education may appoint an additional member to represent the 22 public. 23 (9) If there are no special districts of the type that are eligible 24 to receive property tax pursuant to Section 34188, within the 25 territorial jurisdiction of the former redevelopment agency, then 26 the county may appoint one member to represent the public. 27 (10) Where a redevelopment agency was formed by an entity 28 that is both a charter city and a county, the oversight board shall 29 be composed of seven members selected as follows: three members 30 appointed by the mayor of the city, where such appointment is 31 subject to confirmation by the county board of supervisors, one 32 member appointed by the largest special district, by property tax 33 share, with territory in the territorial jurisdiction of the former 34 redevelopment agency, which is the type of special district that is 35 eligible to receive property tax revenues pursuant to Section 34188, 36 one member appointed by the county superintendent of education 37 to represent schools, one member appointed by the Chancellor of 38 the California Community Colleges to represent community college 39 districts, and one member representing employees of the former 40 redevelopment agency appointed by the mayor of the city where 97 AB 1585 —16 — 1 such an appointment is subject to confirmation by the county board 2 of supervisors, to represent the largest number of former 3 redevelopment agency employees employed by the successor 4 agency at that time. 5 (b) The Governor may appoint individuals to fill any oversight 6 board member position described in subdivision (a) that has not 7 been filled by May 15, 2012, or any member position that remains 8 vacant for more than 60 days. 9 (c) The oversight board may direct the staff of the successor 10 agency to perform work in furtherance of the oversight board's 11 duties and responsibilities under this part. The successor agency 12 shall pay for all of the costs of meetings of the oversight board 13 and may include such costs in its administrative budget. Oversight 14 board members shall serve without compensation or reimbursement 15 for expenses. 16 (d) Oversight board members shall have personal immunity 17 from suit for their actions taken within the scope of their 18 responsibilities as oversight board members. 19 (e) A majority of the total membership of the oversight board 20 shall constitute a quorum for the transaction of business. A majority 21 vote of the total membership of the oversight board is required for 22 the oversight board to take action. The oversight board shall be 23 deemed to be a local entity for purposes of the Ralph M. Brown 24 Act, the California Public Records Act, and the Political Reform 25 Act of 1974. All actions taken by the oversight board shall be 26 adopted by resolution. 27 (f) All notices required by law for proposed oversight board 28 actions shall also be posted on the successor agency's Internet 29 Web site or the oversight board's Internet Web site. 30 (g) Each member of an oversight board shall serve at the 31 pleasure of the entity that appointed such member. 32 (h) The Department of Finance may review an oversight board 33 action taken pursuant to this part. As such, all oversight board 34 actions shall not be effective for three business days, pending a 35 request for review by the department. Each oversight board shall 36 designate an official to whom the department may make such 37 requests and who shall provide the department with the telephone 38 number and email contact information for the purpose of 39 communicating with the department pursuant to this subdivision. 40 In the event that the department requests a review of a given 97 -17 — AB 1585 1 oversight board action, it shall have 10 days from the date of its 2 request to approve the oversight board action or return it to the 3 oversight board for reconsideration and such oversight board action 4 shall not be effective until approved by the department. In the 5 event that the department returns the oversight board action to the 6 oversight board for reconsideration, the oversight board shall 7 resubmit the modified action for department approval and the 8 modified oversight board action shall not become effective until 9 approved by the department. 10 (i) Oversight boards shall have fiduciary responsibilities to 11 holders of enforceable obligations and the taxing entities that 12 benefit from distributions of property tax and other revenues 13 pursuant to Section 34188. Further, the provisions of Division 4 14 (commencing with Section 1000) of the Government Code shall 15 apply to oversight boards. Notwithstanding Section 1099 of the 16 Government Code, or any other law, any individual may 17 simultaneously be appointed to up to five oversight boards and 18 may hold an office in a city, county, city and county, special 19 district, school district, or community college district. 20 (j) Commencing on and after July 1, 2016, in each county where 21 more than one oversight board was created by operation of the act 22 adding this part, there shall be only one oversight board appointed 23 as follows: 24 (1) One member may be appointed by the county board of 25 supervisors. 26 (2) One member may be appointed by the city selection 27 committee established pursuant to Section 50270 of the 28 Government Code. In a city and county, the mayor may appoint 29 one member. 30 (3) One member may be appointed by the independent special 31 district selection committee established pursuant to Section 56332 32 of the Government Code, for the types of special districts that are 33 eligible to receive property tax revenues pursuant to Section 34188. 34 (4) One member may be appointed by the county superintendent 35 of education to represent schools if the superintendent is elected. 36 If the county superintendent of education is appointed, then the 37 appointment made pursuant to this paragraph shall be made by the 38 county board of education. 97 AB 1585 —18 — 1 (5) One member may be appointed by the Chancellor of the 2 California Community Colleges to represent community college 3 districts in the county. 4 (6) One member of the public may be appointed by the county 5 board of supervisors. 6 (7) One member may be appointed by the recognized employee 7 organization representing the largest number of successor agency 8 employees in the county. 9 (k) The Governor may appoint individuals to fill any oversight 10 board member position described in subdivision (j) that has not 11 been filled by July 15, 2016, or any member position that remains 12 vacant for more than 60 days. 13 (1) Commencing on and after July 1, 2016, in each county where 14 only one oversight board was created by operation of the act adding 15 this part, then there will be no change to the composition of that 16 oversight board as a result of the operation of subdivision (b). 17 (m) Any oversight board for a given successor agency shall 18 cease to exist when all of the indebtedness of the dissolved 19 redevelopment agency has been repaid. 20 SEC. 6. Section 34180 of the Health and Safety Code is 21 amended to read: 22 34180. All of the following successor agency actions shall first 23 be approved by the oversight board: 24 (a) The establishment of new repayment terms for outstanding 25 loans where the terms have not been specified prior to the date of 26 this part. 27 (b) Refunding of outstanding bonds or other debt of the former 28 redevelopment agency by successor agencies in order to provide 29 for savings or to finance debt service spikes; provided, however, 30 that no additional debt is created and debt service is not accelerated. 31 (c) Entering into a financing agreement, including the issuance 32 of bonds, to fund required payments under an enforceable 33 obligation that exceed the amount of property tax revenue available 34 to the successor agency during the payment period. This 35 subdivision shall not be deemed to authorize a successor agency 36 to create an additional enforceable obligation, as defined by this 37 part, other than for necessary financing costs. 38 (d) Setting aside of amounts in reserves as required by 39 indentures, trust indentures, or similar documents governing the 40 issuance of outstanding redevelopment agency bonds. 97 -19 — AB 1585 1 (e) Merging of project areas. 2 (f) Continuing the acceptance of federal or state grants, or other 3 forms of financial assistance from either public or private sources, 4 where assistance is conditioned upon the provision of matching 5 funds, by the successor entity as successor to the former 6 redevelopment agency, in an amount greater than 5 percent of the 7 total grant amount. 8 (g) (1) If a city, county, or city and county wishes to retain any 9 properties or other assets for future redevelopment activities, 10 funded from its own funds and under its own auspices, it must 11 reach a compensation agreement with the other taxing entities to 12 provide payments to them in proportion to their shares ofthe base 13 property tax, as determined pursuant to Section 34188, for the 14 value of the property retained. 15 (2) If no other agreement is reached on valuation ofthe retained 16 assets, the value will be the fair market value as of the 2011 17 property tax lien date as determined by the county assessor. 18 (h) Establishment of the Recognized Obligation Payment 19 Schedule. 20 (i) A request by the successor agency to enter into an agreement 21 with the city, county, or city and county that formed the 22 redevelopment agency that it is succeeding. 23 (j) A request by a successor agency or taxing entity to pledge, 24 or to enter into an agreement for the pledge of, property tax 25 revenues pursuant to subdivision (b) of Section 34178. 26 (k) A loan between a city, county, or city and county and a 27 redevelopment agency as an enforceable obligation pursuant to 28 subparagraph (C) of paragraph (2) of subdivision (d) of Section 29 34171, provided that the oversight board makes a finding that the 30 loan was for legitimate redevelopment purposes and conditions 31 its approval on the loan being repaid to the city, county, or city 32 and county in accordance with a defined schedule over a reasonable 33 term of years at an interest rate not to exceed the interest rate earned 34 by funds deposited into the Local Agency Investment Fund. 35 (1) The approval of temporary increases in the administrative 36 cost allowance to carry out the requirements of an enforceable 37 obligation, to cover litigation costs, or to maintain and preserve 38 the value of assets while in the possession ofthe successor agency. 39 SEC. 7. Section 34181 of the Health and Safety Code is 40 amended to read: 97 AB 1585 — 20 — 1 34181. The oversight board shall direct the successor agency 2 to do all of the following: 3 (a) Compile a complete inventory of existing real property assets 4 ofthe former redevelopment agency, by project area. The inventory 5 shall include general categories of real property assets, the purpose 6 for which they were originally acquired, the original purchase price 7 of each asset and the estimated current market value. Prior to the 8 disposal of any real property asset, the oversight board shall receive 9 and review the inventory compiled by the successor agency, and 10 adopt a policy or strategy for the disposal or transfer of such assets 11 consistent with the requirements of subdivision (b). 12 (b) Dispose of all assets and properties of the former 13 redevelopment agency that were funded by tax increment revenues 14 of the dissolved redevelopment agency; provided, however, that 15 the oversight board may instead direct the successor agency to 16 transfer ownership of those assets that were constructed and used 17 for a governmental purpose, such as roads, school buildings, parks, 18 and fire stations, or are integral to the operation of a governmental 19 purpose asset, such as a parking facility, to the appropriate public 20 jurisdiction pursuant to existing agreements, if any, relating to the 21 construction or use of such an asset. Any compensation to be 22 provided to the successor agency for the transfer ofthe asset shall 23 be governed by agreements, if any, relating to the construction or 24 use of that asset. Disposal shall be done in an expeditious but 25 orderly manner that preserves the value of the asset. 26 (c) Cease performance in connection with and terminate all 27 existing agreements that do not qualify as enforceable obligations. 28 (d) Transfer housing responsibilities and all rights, powers, 29 duties, and obligations, including any amounts on deposit in the 30 Low and Moderate Income Housing Fund to the appropriate entity 31 pursuant to Section 34176. 32 (e) Terminate any agreement, between the dissolved 33 redevelopment agency and any public entity located in the same 34 county, obligating the redevelopment agency to provide funding 35 for any debt service obligations of the public entity or for the 36 construction or operation of facilities owned or operated by such 37 public entity, in any instance where the oversight board has found 38 that early termination would be in the best interests of the taxing 39 entities. 97 — 21— AB 1585 1 (f) Determine whether any contracts, agreements, or other 2 arrangements between the dissolved redevelopment agency and 3 any private parties should be terminated or renegotiated to reduce 4 liabilities and increase net revenues to the taxing entities, and 5 present proposed termination or amendment agreements to the 6 oversight board for its approval. The board may approve any 7 amendments to or early termination of such agreements where it 8 finds that amendments or early termination would be in the best 9 interests of the taxing entities. 10 SEC. 8. Section 34182 of the Health and Safety Code is 11 amended to read: 12 34182. (a) (1) The county auditor -controller shall conduct or 13 cause to be conducted an agreed-upon procedures audit of each 14 redevelopment agency in the county that is subject to this part, to 15 be completed by July 1, 2012. 16 (2) The purpose of the audits shall be to establish each 17 redevelopment agency's assets and liabilities, to document and 18 determine each redevelopment agency's passthrough payment 19 obligations to other taxing agencies, and to document and 20 determine both the amount and the terms of any indebtedness 21 incurred by the redevelopment agency and certify the initial 22 Recognized Obligation Payment Schedule. 23 (3) The county auditor -controller may charge the Redevelopment 24 Property Tax Trust Fund for any costs incurred by the county 25 auditor -controller pursuant to this part. 26 (b) By July 15, 2012, the county auditor -controller shall provide 27 the Controller's office a copy of all audits performed pursuant to 28 this section. The county auditor -controller shall maintain a copy 29 of all documentation and working papers for use by the Controller. 30 (c) (1) The county auditor -controller shall determine the amount 31 of property taxes that would have been allocated to each 32 redevelopment agency in the county had the redevelopment agency 33 not been dissolved pursuant to the operation of the act adding this 34 part. These amounts are deemed property tax revenues within the 35 meaning of subdivision (a) of Section 1 of Article XIII A of the 36 California Constitution and are available for allocation and 37 distribution in accordance with the provisions of the act adding 38 this part. The county auditor -controller shall calculate the property 39 tax revenues using current assessed values on the last equalized 40 roll on August 20, pursuant to Section 2052 of the Revenue and 97 AB 1585 — 22 — 1 Taxation Code, and pursuant to statutory formulas or contractual 2 agreements with other taxing agencies, as of the effective date of 3 this section, and shall deposit that amount along with unitary and 4 supplemental tax increment due to the former redevelopment 5 agency in the Redevelopment Property Tax Trust Fund. 6 (2) Each county auditor -controller shall administer the 7 Redevelopment Property Tax Trust Fund for the benefit of the 8 holders of former redevelopment agency enforceable obligations 9 and the taxing entities that receive passthrough payments and 10 distributions of property taxes pursuant to this part. 11 (3) In connection with the allocation and distribution by the 12 county auditor -controller of property tax revenues deposited in the 13 Redevelopment Property Tax Trust Fund, in compliance with this 14 part, the county auditor -controller shall prepare estimates of 15 amounts to be allocated and distributed, and provide those estimates 16 to both the entities receiving the distributions and the Department 17 of Finance, no later than November 1 and May 1 of each year. 18 (4) Each county auditor -controller shall disburse proceeds of 19 asset sales or reserve balances, which have been received from the 20 successor entities pursuant to Sections 34177 and 34187, to the 21 taxing entities. In making such a distribution, the county 22 auditor -controller shall utilize the same methodology for allocation 23 and distribution of property tax revenues provided in Section 24 34188. 25 (d) By October 1, 2012, the county auditor -controller shall report 26 the following information to the Controller's office and the Director 27 of Finance: 28 (1) The sums of property tax revenues remitted to the 29 Redevelopment Property Tax Trust Fund related to each former 30 redevelopment agency. 31 (2) The sums of property tax revenues remitted to each agency 32 under paragraph (1) of subdivision (a) of Section 34183. 33 (3) The sums of property tax revenues remitted to each successor 34 agency pursuant to paragraph (2) of subdivision (a) of Section 35 34183. 36 (4) The sums of property tax revenues paid to each successor 37 agency pursuant to paragraph (3) of subdivision (a) of Section 38 34183. 97 — 23 — AB 1585 1 (5) The sums paid to each city, county, and special district, and 2 the total amount allocated for schools pursuant to paragraph (4) 3 of subdivision (a) of Section 34183. 4 (6) Any amounts deducted from other distributions pursuant to 5 subdivision (b) of Section 34183. 6 (e) A county auditor -controller may charge the Redevelopment 7 Property Tax Trust Fund for the costs of administering the 8 provisions of this part. 9 (f) The Controller may audit and review any county 10 auditor -controller action taken pursuant to the act adding this part. 11 As such, all county auditor -controller actions shall not be effective 12 for three business days, pending a request for review by the 13 Controller. In the event that the Controller requests a review of a 14 given county auditor -controller action, he or she shall have 10 days 15 from the date of his or her request to approve the county 16 auditor -controller's action or return it to the county 17 auditor -controller for reconsideration and such county 18 auditor -controller action shall not be effective until approved by 19 the Controller. In the event that the Controller returns the county 20 auditor -controller's action to the county auditor -controller for 21 reconsideration, the county auditor -controller must resubmit the 22 modified action for Controller approval and such modified county 23 auditor -controller action shall not become effective until approved 24 by the Controller. 25 SEC. 9. Section 34183 of the Health and Safety Code is 26 amended to read: 27 34183. (a) Notwithstanding any other law, from February 1, 28 2012, to July 1, 2012, and for each fiscal year thereafter, the county 29 auditor -controller shall, after deducting administrative costs 30 allowed under Section 34182 and Section 95.3 of the Revenue and 31 Taxation Code, allocate moneys in each Redevelopment Property 32 Tax Trust Fund as follows: 33 (1) Subject to any prior deductions required by subdivision (b), 34 first, the county auditor -controller shall remit from the 35 Redevelopment Property Tax Trust Fund to each local agency and 36 school entity an amount of property tax revenues in an amount 37 equal to that which would have been received under Section 33401, 38 33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections 39 read on January 1, 2011, or pursuant to any passthrough agreement 40 between a redevelopment agency and a taxing jurisdiction that 97 AB 1585 — 24 — 1 was entered into prior to January 1, 1994, that would be in force 2 during that fiscal year, had the redevelopment agency existed at 3 that time. The amount of the payments made pursuant to this 4 paragraph shall be calculated solely on the basis of passthrough 5 payment obligations, existing prior to the effective date of this part 6 and continuing as obligations of successor entities, shall occur no 7 later than May 16, 2012, and no later than June 1, 2012, and each 8 January 16 and June 1 thereafter. Notwithstanding subdivision (e) 9 of Section 33670, that portion ofthe taxes in excess ofthe amount 10 identified in subdivision (a) of Section 33670, which are 11 attributable to a tax rate levied by a taxing agency for the purpose 12 of producing revenues in an amount sufficient to make annual 13 repayments of the principal of, and the interest on, any bonded 14 indebtedness for the acquisition or improvement of real property 15 shall be allocated to, and when collected shall be paid into, the 16 fund of that taxing agency. 17 (2) (A) Second, on May 16, 2012, and June 1, 2012, and each 18 January 16 and June 1 thereafter, to each successor agency for 19 payments listed in its Recognized Obligation Payment Schedule 20 for the six-month fiscal period beginning January 1, 2012, or July 21 1, 2012, and each January 16 and June 1 thereafter, in the following 22 order of priority: 23 (i) Debt service payments scheduled to be made for tax 24 allocation bonds. 25 (ii) Payments scheduled to be made on revenue bonds, but only 26 to the extent the revenues pledged for them are insufficient to make 27 the payments and only where the agency's tax increment revenues 28 were also pledged for the repayment of the bonds. 29 (iii) Payments scheduled for other debts and obligations listed 30 in the Recognized Obligation Payment Schedule that are required 31 to be paid from former tax increment revenue. 32 (B) For purposes of allocations made pursuant to this paragraph, 33 the auditor -controller shall reserve additional funds in the 34 Redevelopment Property Tax Trust Fund at the time ofthe January 35 16 allocation, if necessary, to cover payments made in the second 36 halfofthe calendar year, as described in the Recognized Obligation 37 Payment Schedule, that are in excess of the amounts anticipated 38 to be deposited in the Redevelopment Property Tax Trust Fund 39 from the allocation that is received in May or June. 97 — 25 — AB 1585 1 (3) Third, on May 16, 2012, and June 1, 2012, and each January 2 16 and June 1 thereafter, to each successor agency for the 3 administrative cost allowance, as defined in Section 34171, for 4 administrative costs set forth in an approved administrative budget 5 for those payments required to be paid from former tax increment 6 revenues. 7 (4) Fourth, on May 16, 2012, and June 1, 2012, and each January 8 16 and June 1 thereafter, any moneys remaining in the 9 Redevelopment Property Tax Trust Fund after the payments and 10 transfers authorized by paragraphs (1) to (3), inclusive, shall be 11 distributed to local agencies and school entities in accordance with 12 Section 34188. 13 (b) If the successor agency reports, no later than April 1, 2012, 14 and May 1, 2012, and each December 1 and May 1 thereafter, to 15 the county auditor -controller that the total amount available to the 16 successor agency from the Redevelopment Property Tax Trust 17 Fund allocation to that successor agency's Redevelopment 18 Obligation Retirement Fund, from other funds transferred from 19 each redevelopment agency, and from funds that have or will 20 become available through asset sales and all redevelopment 21 operations, are insufficient to fund the payments required by 22 paragraphs (1) to (3), inclusive, of subdivision (a) in the next 23 six-month fiscal period, the county auditor -controller shall notify 24 the Controller and the Department of Finance no later than 10 days 25 from the date of that notification. The county auditor -controller 26 shall verify whether the successor agency will have sufficient funds 27 from which to service debts according to the Recognized 28 Obligation Payment Schedule and shall report the findings to the 29 Controller. If the Controller concurs that there are insufficient 30 funds to pay required debt service, the amount of the deficiency 31 shall be deducted first from the amount remaining to be distributed 32 to taxing entities pursuant to paragraph (4), and if that amount is 33 exhausted, from amounts available for distribution for 34 administrative costs in paragraph (3). If an agency, pursuant to the 35 provisions of Section 33492.15, 33492.72, 33607.5, 33671.5, 36 33681.15, or 33688, made passthrough payment obligations 37 subordinate to debt service payments required for enforceable 38 obligations, funds for servicing bond debt may be deducted from 39 the amounts for passthrough payments under paragraph (1), as 40 provided in those sections, but only to the extent that the amounts 97 AB 1585 — 26 — 1 remaining to be distributed to taxing entities pursuant to paragraph 2 (4) and the amounts available for distribution for administrative 3 costs in paragraph (3) have all been exhausted. 4 (c) The county treasurer may loan any funds from the county 5 treasury that are necessary to ensure prompt payments of 6 redevelopment agency debts. 7 (d) The Controller may recover the costs of audit and oversight 8 required under this part from the Redevelopment Property Tax 9 Trust Fund by presenting an invoice therefor to the county 10 auditor -controller who shall set aside sufficient funds for and 11 disburse the claimed amounts prior to making the next distributions 12 to the taxing jurisdictions pursuant to Section 34188. Subject to 13 the approval ofthe Director of Finance, the budget ofthe Controller 14 may be augmented to reflect the reimbursement, pursuant to 15 Section 28.00 of the Budget Act. 16 SEC. 10. Section 34187 of the Health and Safety Code is 17 amended to read: 18 34187. Commencing May 1, 2012, whenever a recognized 19 obligation that had been identified in the Recognized Payment 20 Obligation Schedule is paid off or retired, either through early 21 payment or payment at maturity, the county auditor -controller 22 shall distribute to the taxing entities, in accordance with the 23 provisions of the Revenue and Taxation Code, all property tax 24 revenues that were associated with the payment of the recognized 25 obligation to the extent not currently required for the payment of 26 other recognized obligations. 27 SEC. 11. Section 34189 of the Health and Safety Code is 28 amended to read: 29 34189. (a) Commencing on the effective date of this part, all 30 provisions of the Community Redevelopment Law that depend on 31 the allocation of tax increment to redevelopment agencies, 32 including, but not limited to, Sections 33445, 33640, 33641, 33645, 33 and subdivision (b) of Section 33670, shall be inoperative. 34 (b) To the extent that a provision of Part 1 (commencing with 35 Section 33000), Part 1.5 (commencing with Section 34000), Part 36 1.6 (commencing with Section 34050), and Part 1.7 (commencing 37 with Section 34100) conflicts with this part, the provisions of this 38 part shall control. Further, if a provision of Part 1 (commencing 39 with Section 33000), Part 1.5 (commencing with Section 34000), 40 Part 1.6 (commencing with Section 34050), or Part 1.7 97 — 27 — AB 1585 1 (commencing with Section 34100) provides an authority that the 2 act adding this part is restricting or eliminating, the restriction and 3 elimination provisions of the act adding this part shall control. 4 (c) It is intended that the provisions of this part shall be read in 5 a manner as to avoid duplication of payments. 6 SEC. 12. This act is an urgency statute necessary for the 7 immediate preservation of the public peace, health, or safety within 8 the meaning of Article IV of the Constitution and shall go into 9 immediate effect. The facts constituting the necessity are: 10 In order to effectuate the orderly implementation of 11 responsibilities associated with dissolved redevelopment agencies, 12 it is necessary that this act take immediate effect. 0 97 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: March 27, 2012 SUBJECT: Agreement for Weed Abatement Services with Inland Empire Property Services, Inc. for Fiscal Year 2011-12 PREPARED BY: Rich Johnston, Building Official Theresa Harris, Development Processing Coordinator RECOMMENDATION: Approve an annual agreement with Inland Empire Property Services, Inc., to provide Weed Abatement Services for Fiscal Year 2011-12 in the amount of $40,000. BACKGROUND: The City of Temecula is responsible for the forced abatement in association with hazardous vegetation. The City contracts with an approved weed abatement company to ensure the removal of hazardous vegetation for parcel owners that are not in compliance with the Temecula Municipal Code Section 8.16.020, Duty to Abate Hazardous Vegetation. The parcel owners are billed to recover the service costs plus an administrative fee. The City places a lien on the properties that do not remit payment as required to facilitate cost recovery for the services. A Request for Proposal (RFP) was conducted in Fiscal Year 2009-10. After a review of the proposals, staff determined Inland Empire Property Services, Inc. to be the more responsive and responsible firm to perform the weed abatement services. Inland Empire Property Services, Inc. is in their second of three-year agreement of providing weed abatement services to the City. FISCAL IMPACT: Funds in the amount of $40,000 are budgeted in the Fiscal Year 2011- 12 Code Enforcement's line item 001-162-611-5440, titled Weed Abatement. ATTACHMENTS: Agreement for Fiscal Year2011-12 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES, INC. WEED ABATEMENT SERVICES THIS AGREEMENT is made and effective as of March 27, 2012, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Inland Empire Property Services, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 27, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The city may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contact be extended beyond June 30, 2013. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Thousand Dollars ($40,000) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 1 c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten 2 (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 3 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall riot at any time or in any mariner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall riot pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 5 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during hisiher tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 6 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 23. ASSIGNMENT Inland Empire Property Services Attn: Chuck Maciel P 0 Box 9908 Moreno Valley, CA 92552-1908 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 7 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 28. LABOR AND MATERIALS BOND Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit C. No payment will be made to Contractor until it has been received and approved by the City. 29. PERFORMANCE BOND Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit D. No payment will be made to Contractor until it has been received and approved by the City. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INLAND EMPIRE PROPERTY SERVICES (Two Signatures of corporate office's 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 CONTRACTOR Chuck Maciel, President Serena Maciel, Chief Financial Officer Inland Empire Property Services Attn: Chuck Maciel P 0 Box 9908 Moreno Valley, CA 92552-1908 951-924-6905 Phone 951- 927-7773 Fax gotweeds@msn.com 9 PM Initials: n fl Date: EXHIBIT "A" SCOPE OF WORK The contractor shall provide Weed Abatement Services to the City of Temecula in accordance with Exhibit "A" which consists of Part 1 Procedures, and Part 2 Instructions, Conditions and Legal Requirements. PART 1: PROCEDURES TRACTOR MOWING 1. General mowing of vegetative ground cover may be accomplished provided that an approved, heavy duty mower is used, and that the vegetation is cut to a length of no higher than four (4") inches from the solid surface and as close to adjoining improvements as possible. Contractor shall mow at an appropriate speed to effectively mow the vegetation but not so fast that it knocks the weeds down permitting them to stand back up days later. 2. Operation and Maintenance — Tractor mowers will be operated by a qualified, cooperative, experienced operator. They will be operated and maintained in good condition by the contractor at his expense and on his own time. 3. Safety Shields — All tractor mowers are to be equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to private property. 4. Clean-up of Streets and Sidewalks — All streets and sidewalks are to be left in a clean condition. Necessary tools for cleaning streets and sidewalks are to be available on the job site. The charge for this operation shall not be separate, but will be included in the unit price for cleaning the parcel. At a minimum, clean up shall be consistent with current NPDES regulations. 5. Discing Weed abatement by discing shall not be an approved method of hazardous vegetation removal. 6. Dust Control — During windy conditions, the contractor shall postpone work until the wind subsides or watering is provided to minimize blowing dust. 7. Fire Fighting Safety Equipment — All tractors are to be equipped with an approved spark arrestor when not equipped with turbo charger and also an approved 2-1/2 gallon pressurized water type fire extinguisher and shovel. 8. Transport Truck — The transport truck for hauling the tractor and mower shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job sites. Transports should have a tilt type bed for easy loading and unloading. All equipment must meet highway specifications and safety regulations. Trucks will be in good mechanical condition and will be operated and maintained at the expense of the contractor and at a time before or after working hours. 10 9. Flagman — If required or necessary for any reason, the contractor will furnish, at no expense to the City, flag -persons for loading and unloading of equipment. EQUIPMENT — The primary equipment allowed for weed abatement will be tractors with mowers. The use of non -authorized equipment or methods will result in non-payment by the City. The contractor selected shall furnish tractors, mowers, etc. in all areas suitable to complete the job of mowing the property. The contractor shall also provide transportation to and from the job sites for his equipment and all necessary fuel, etc., shall be furnished at his/her own expense. STANDARD FOR CLEARING The purpose of removal is for the reduction of fire and safety hazards and will be accomplished by turning under and mixing weeds with the soil or by mowing, hauling, trimming, and grubbing using manual labor or by any combination of methods that are approved and included in the scope of the contract. All clearing must meet the specifications of the Hazard Reduction Program and must be approved in writing by the Code Enforcement Division. 1. Method of Clearing — Parcels of five (5) acres and less will be cleared completely. Where the acreage consists of more than five (5) continuous acres, a one hundred (100) foot wide strip shall be cleared at the perimeter of the property, and through the remainder of the property there shall not be any portion of land larger than two and one-half (2-112) acres which is not enclosed by itself within such a strip, which shall be a fire break. If the clearing is made in accordance with this standard, the payment will be based on fifty (50) percent of the total square footage of the parcel. It may be determined that only a portion of a parcel exceeding five (5) acres needs to be cleared to adequately provide the necessary fire protection to the surrounding improvements. In these cases, payment would be based on actual square footage mowed. The Code Enforcement Division will make this determination when necessary. HAND CLEARING AND HAULING 1. General — Whenever it is impractical by reason of topography, location of trees, shrubbery, buildings, fences or type of vegetative cover to use a tractor mower and when authorized by the Building Official, or designee, the vegetation shall be removed or thinned by hand labor using hand labor type tools. Hand crews shall consist of not less than two people. Additional manpower may be used, however no additional compensation will be allowed. 2. Disposal of Cuttings — The excess accumulated material cut down by hand labor shall be disposed of by hauling the material to the nearest County landfill site, or an approved "clean green waste" compost facility. 3. Required Tools and Equipment — The contractor shall furnish all hand tools, power equipment and safety equipment necessary to accomplish the specified work. 4. Hauling Trimmings — Hauling of trimmings due to hand clearing are considered one and of the same type of operation and therefore billing will be considered the same. 5. Type of Work Authorized — The amount of work and type of work to be performed shall be under the direction of, and only with, the authorization of the Building Official, or designee. 11 6. Hand Clearing Charges to Include Loading — Hand clearing charges on parcels to be cleared will include the loading of vegetative materials that are to be removed to the nearest landfill site or compost facility. Removal charges can be added if a landfill tipping fee receipt is presented with the billing. 7. Travel Time to Landfill — Travel time to and from the landfill or compost facility shall not be charged. The contractor's charge for the truck should be included as part of the rate. RUBBISH, REFUSE AND DIRT 1. General — Whenever it is impractical by reason of location of rubbish, refuse, and dirt to use a tractor mower and when authorized by the Building Official, the rubbish, refuse, and dirt shall be removed. The degree of removal to be accomplished on any parcel will be specified by the Code Enforcement Division. Definition of rubbish, refuse, and dirt are as follows, discarded asphalt and concrete, abandoned foundations, litter, trash, trees, piles of dirt; making clearing of the parcel impossible. Contractor shall photograph the debris prior to removal and a second photograph shall show the trash in the haul away vehicle for comparison. Photographs shall show the date and Assessor's Parcel Number. Digital photographs are the only acceptable method of documentation. 2. Disposal of Rubbish, Refuse, and Dirt — The material shall be disposed of by hauling the material to the nearest County landfill site. 3. Required Tools and Equipment — The contractor shall furnish all equipment necessary to accomplish the specific work. 4. Charges: Rubbish, and Refuse — The charge for clearing of rubbish and refuse from a parcel will include the clearing and loading of the materials that are to be removed to the landfill site and the hauling of the materials to the landfill site are considered one and of the same type of operation and therefore billing will be considered the same. 5. Travel Time to Landfill — Travel time to and from the landfill shall not be charged. This charge is included in the rate. 6. Exceptions — Any exceptions to the foregoing regulations will be at the discretion of the Building Official, or designee, should special circumstances exist. PART 2: INSTRUCTIONS, CONDITIONS, and LEGAL REQUIREMENTS 10. All services provided by the Contractor shall be performed in strict accordance with the City of Temecula Municipal Code Chapter 8.16 and Chapter 3 Section 304 of the California Fire Code Edition 2010, as adopted by Chapter 15.16 of the Temecula Municipal Code. 11. Contractor shall identify those services, if applicable, that will be out -sourced to a subcontractor. The prime Contractor will be responsible for verifying the qualifications and validity of all licenses, permits and quality of work for any out -sourced work to subcontractors. 12 The prime Contractor is also responsible for paying its employees and any subcontractors the prime Contractor hires. 12. All work performed shall be done in a prompt, thorough, lawful and professional manner. Contractor shall perform work in accordance with all applicable Federal, State, and local laws, labor laws, rules, ordinances, regulations, and permit conditions. Selected Contractor is also responsible for complying with all OSHA standards and COSHA standards and requirements. If Contractor out -sources any work or job to a subcontractor, it will be the prime Contractors responsibility to ensure that all subcontractors meet the requirements as stated in this RFP. The awarded contracting firm shall at all times take precautions (where necessary) to insure the protection of the public are met. The Contractor shall review and be familiar with the conditions of approval of the weed abatement permit issued by the Federal Fish and Wildlife Service related to weed abatement on sensitive habitats 13. The Contractor shall be an independent contractor, and nothing shall be construed to cause the Contractor to be deemed or represent itself as an agent or employee of the City. 14. The Contractor shall be excused from performance hereunder during the time and the extent that he/she is prevented from obtaining, delivering, repairing, or performing in the customary manner, by acts of God, fire, war, strike, and loss or shortage of transportation facilities. Contractor shall provide the City satisfactory evidence that non-performance is due to other than fault or negligence on the Contractors part. 15. The selected Contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 16. All work shall be done by qualified personnel. Contractor shall provide copies of all Federal, State, County and City licenses or certificates required by this contract. 17. Contractor agrees that all service by the contractor shall be to the satisfaction of the City's Code Enforcement personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. The Contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined. 18. The term of the contract shall commence upon award by the City Manager/City Council and continue through June 30, 2011. The City reserves the option to extend the contract(s) under the same terms and conditions for an additional two years. 19. The contract between Contractor and the City is non -transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. 20. The City's terms for payment are net thirty (30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for 13 services provided the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. 21. The City reserves the right to add or eliminate parcels and neighborhoods to the scope of work of the Weed Abatement Contract, as circumstances require. Contractor agrees pricing will be the same for any additional parcels. 22. The Contractor shall take clear and concise digital photographs of the area demonstrating need for abatement and shall submit photos to Code Enforcement along with billing summary/invoice. The photos will be taken immediately "before" and "after" abatement work is done and shall be submitted to the department. If the photos do not show justification of charge, payment will not be made. Each photo shall include time and date of when taken and reference the parcel numbers represented. Digital photographs are the only acceptable method of documentation. Each "after" photo shall be taken from the same location as the "before" photo and shall include an outstanding landmark. 23. The Contractor shall riot miss more than two (2) consecutive days or more than five (5) days out of a twenty (20) day period, when work has been assigned, regardless of the reasons (i.e., equipment failure, illness, etc.) 24. In case of default by the Contractor, the City may procure the work or services from an alternate contracting firm. The City may deduct any excess cost from any unpaid balance due the assigned Contractor, or may bill for the same at the City's discretion. The prices paid by the City, in such events shall be considered the prevailing market price at the time of purchase. 25. The work, labor and/or materials which the Contractor proposed to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State and local regulatory commissions whether such equipment or safety features have been specifically outlined or required in these specifications or not. 26. Where there are locked gates to the property, the Contractor will be given instructions on how to enter the property. The Contractor will be responsible for any damage done not in accordance to given instructions. 27. All mowing or other services must be done during the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday except City recognized holidays. The contractor shall not charge a premium rate for Saturday work. 28. Complaints — The Contractor will be responsible for promptly answering inquiries and complaints of the Building and Safety Department or private property owners or citizens relative to any work, charges, damage or any other questions that may arise as a result of abatement operations by the Contractor. 29. Operations may be suspended at any time by the Building Official, or his designee, until appropriate corrective measures are taken, if any, of the conditions set forth in this contract are found to exist. 30. Final Decisions — All scheduling of clearing operations will be determined by the Building Official, or his designee. At any time during the clearing operations, should a controversy arise as to the number of lots cleared, the amounts of work done, or not to be done, 14 or the size of parcels cleared by the Contractor, the matter will be studied and explained fully and the decision made by the Building Official, or his designee, shall be final. 31. Hold Harmless Clause — The Contractor shall indemnify and hold harmless the City of Temecula, its officers, agents, and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to, or death of persons; or damage to property arising out of or in any mariner connected with the negligence or lack of care of the Contractor, his officers, agents, or employees in the performance of this contract. This provision shall include any and all claims arising from subcontractors retained by the Contractor. 32. Reports of Damage — The Contractor will promptly notify the Code Enforcement Division of any damage to private property as a result of abatement operations. 33. Transportation — All transportation of equipment and personnel to and from the job site will be arranged by the Contractor. 34. Sanitary Facilities — The Contractor shall be responsible for making available the sanitary facilities necessary for all his personnel. Aforementioned sanitary facilities shall meet the standards of State and local law. 35. Parking Equipment — The Contractor shall make arrangements for parking sites for his equipment at night and on Sundays or holidays. Equipment shall not be parked or stored on private property without the express permission of the property owner. 36. Removal of Items from Private Property — Under no condition will the Contractor or his agent or workmen remove any item or items from any private property except that which has been authorized by the Building Official, or his designee. 37. Operations — The Contractor is required to provide sufficient operable equipment, replacements, and personnel during hazard abatement clearing as deemed necessary by the Building Official, or his designee. Removal of any such equipment designated to the Abatement Program without an immediate replacement must be approved by the Building Official, or his designee. 38. Termination of Operations — Final authorization to terminate abatement operations will be made by the Building Official, or his designee. 39. Furnish Manpower and Equipment — The Contractor shall furnish all supervision, labor, materials, equipment and tools such as, but not limited to tractors, trucks, mowers, whip hoes, rakes and other tools and equipment as required for the removal of weeds, debris and vegetative growth from parcels, within the City of Temecula. 40. Unauthorized Work — Payment will not be made to the Contractor for work accomplished that was not authorized by the Building Official. 41. Interpretation of Specifications — Should it appear that any matter relative to these specifications has not been sufficiently detailed or explained, the Contractor shall contact the Code Enforcement Division for clarification. In the event that satisfaction has not been reached, the contractor may appeal to the Building Official. 15 42. Error or Omission of Specifications — The Contractor will riot be allowed to take advantage of any error or omission in these specifications and plans. Full instructions will always be given by the Building Official or his designee, when such error or omission is discovered. 43. Supervision Furnished by Contractor — The Contractor at his own expense shall be responsible for providing qualified Supervision in all areas of operations. All supervisors must be experienced and verbally capable of communicating with the Code Enforcement Officers. The supervisor will make necessary reports and work directly with the Code Enforcement Division in Building and Safety and scheduling the work. 16 EXHIBIT "B" PAYMENT RATES AND SCHEDULE A) Weed Abatement • Mowing • Each Additional Acre or fraction thereafter $105.00 Up to 1 Acre (does not include handwork) $99.75 Per Acre (does not include handwork) • Parcels one quarter (0.25) Acre or less $145 (includes handwork) • Handwork — weed eating $45.00 Per Man Hour (work that cannot be performed with tractor along property edge fence lines) • Dust Control • Special Equipment (Bobcat; for slopes or other areas needing special equipment for clearing) • Dozer Work B) Clean up & Trash Removal • Trash Removal • Asphalt/Concrete Removal • Dump Fees $125.00 Per Hour 4 Hour Minimum Plus Water Charges $125.00 Per Hour $600 Per Hour 4 Hour Minimum $105.00 Per Cubic Yard $125.00 Per Cubic Yard Actual Receipt (Copy) C) Pool Pumping • Pool/Spa Pumping $325.00 Includes pumping of 1 pool and/or 1 spa D) Securing/ board up of vacant/abandoned/substandard structures • Minimum Charge • Small Window Under 24x24 • Standard Window Under 48x48 • Large Window under 48x96 • Jumbo Window under 96x96 • Slider Window • Pedestrian Door w/o hinges • Pedestrian Door w/ hinges • Garage Door $150.00 $75.00 $90.00 $100.00 $125.00 $125.00 $100.00 $125.00 Time and Material @ $45.00 Per Man Hour E) Demolition and removal of Structures • Time and Materials F) Installation of Temporary fencing • Time and Materials G) Emergency Abatement of wells, septic tank systems, or excavations • Time and Materials H) Photographing and otherwise documenting work performed under the contract • CD of Digital Color Photos Included I) Travel Costs • Not applicable. Except after 4:30pm — Time and a half, plus materials. J) Administrative Overhead costs related to this contract Included • Invoice attached to a CD with the property address or APN# clearly marked. K) Other Services Provided — Tree Trimming • Trimming of Tree 8' up from Ground $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost) • Trimming of Tree above 8' from Ground $45 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost, plus Boom Lift rental cost) L) Fence Repair • Time and Materials $45.00 Per Man Hour Charles Maciel President, Inland Empire Property Services, Inc. 18 Item No. 7 Approvals City Attorney Director of Finance City Manager tar ,ate CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: March 27, 2012 SUBJECT: Agreement for consulting services between the City of Temecula and Environmental Science Associates (ESA) for preparation of an Environmental Impact Report (EIR) for the Bella Linda residential project PREPARED BY: Eric Jones, Assistant Planner RECOMMENDATION: Approve an agreement for consulting services between the City of Temecula and Environmental Science Associates (ESA) forpreparation of an Environmental Impact Report (EIR) in the amount of $249,580 for the Bella Linda residential project, located at the northeast corner of Pechanga Parkway and Loma Linda Road. BACKGROUND: The Bella Linda residential project consists of a General Plan Amendment, Zone Change/Planned Development Overlay, Tentative Tract Map, and Development Plan applications for a two-phase residential development. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 senior single-family cluster units. The current General Plan and zoning designation for the project site is Professional Office(PO). The applicant proposes to change these designations to High (H) for the apartment component and Medium (M) for the senior single-family component. The proposed EIR will evaluate environmental impacts associated with the development. The applicant has requested an expedited preparation of the draft EIR. The cost reflects the expedited review. FISCAL IMPACT: None. All fees associated with the EIR contract will be paid by the applicant to cover the costs of the agreement. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES, INC (ESA) BELLA LINDA ENVIRONMENTAL IMPACT REPORT PA11-0275 THIS AGREEMENT is made and effective as of March 27, 2012, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 27, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 27, 2013, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year term. In no event shall the contract be extended beyond March 27, 2015. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Forty -Nine Thousand Five Hundred Eighty ($249,580) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Environmental Science Associates, Inc. Attn: Bobbette Biddulph 9191 Towne Centre Drive, Suite 340 San Diego, CA 92122 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Environmental Science Associates, Inc. (Two Signatures of corporafe officers required unless corporate documents authorize only one person to sign the agreement on behalf of thecorporation.) By: By: Chuck Washington, Mayor Bobbette Biddulph, Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Deanna Hansen, Vice President Environmental Science Associates, Inc. Attn: Bobbette Biddulph 9191 Towne Centre Drive, Suite 340 San Diego, CA92122 858-638-0900 Phone 858-638-0910 Fax BBiddulph(o esassoc.com PM Initials: V B Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SECTION 2 Technical Approach and Timeline Site Overview and Project Understanding Coyne Development proposes the development of a two -phased residential project bounded by Pechanga Parkway, Loma Linda Road, and Temecula Lane (TT 36415) in the City of Temecula. The site is approximately 22 -acres of undeveloped land with approximately 0.91 -acres of off-site area for a meandering trail and bioswales. The project includes 325 multi -family units in the first phase, to be developed in the near-term, and an additional 49 senior single-family lots, which would be sold and developed at a later date. The project also includes a clubhouse/pool area, parking and drive isles, and approximately 5.5 -acres of landscaped area. After development, the site would consist of approximately 60 percent impervious area. ESA staff have been involved with past due diligence efforts associated with this property and have a unique understanding of related planning and environmental issues. ESA staff are aware of previous traffic safety concerns expressed for the Temecula Lane I project by Earl Stanley Gardener Middle School, east of the project site. The project site was previously considered for development in the late -1990s and the early 2000s. There are several technical studies that were developed at that time, which will be peer reviewed and updated as required, and can be used for the required EIR. Additional studies will need to supplement these older analyses, most of which have been prepared by the project applicant or previous applicants. Land uses adjacent to the project site include residential development to the west, east and south (across Pechanga Parkway) and a community park to the northeast. The Wolf Creek planned community is located immediately south of the proposed project, with the Pechanga Resort and Casino located '/ mile south of the project site. The property previously included a residence, stable and several outbuildings. Past uses of the property include agricultural, cattle grazing, and horse stabling. The residence was demolished in the mid-1990s. Prior to 1967, the site did not contain any development. Vegetation at the site consists entirely of previously disturbed areas containing non-native grasses, ruderal herbs and forbs, remnants of native mulefat scrub (associated with drainages), and a number of isolated mature trees. Recent disking for fuel modification is evident at the site. The topography of the site varies from approximately level to slightly undulating with drainage flowing to the north and northwest. The project site falls within a Riverside County MSHCP- designated habitat assessment survey area for the burrowing owl and within Criteria Cells for the MSHCP; however, it does not contribute to the long-term conservation goals and objectives of these cells. In addition, no portion of the site meets the minimum criteria to be considered riparian and/or riverine habitat as defined by the Riverside County MSHCP (MBA, 2011). A concrete -lined flood -control channel extends along the western edge of the site and currently drains to the north and ultimately to Temecula Creek, which flows from east to west. Under the proposed project, the existing channel would be converted into an infiltration swale, which would intercept all the drainage from the project site. Site drainage would be treated with Low Impact Development practices before entering the proposed onsite storm drain system. The storm drain would direct the site runoff to underground stormwater storage units in order to attenuate the post -development flow to pre -development levels. From this point, the flow would enter the proposed infiltration basin along the western property line prior to discharging to Temecula Creek. The project site currently has a General Plan designation and zoning of Professional Office (PO). The development of residential units at the site would require approval of a General Plan Amendment, Zone Change, Planned Development Overlay (PDO), and Tentative Tract Map approval. In addition (and the subject of this Proposal for Services), the project will require the certification of an EIR prior to consideration of these approvals by the City. Scope of Work The scope of work assumes that all technical analyses prepared by others and provided to ESA is adequate, although ESA will conduct a peer review of the information and identify any data gaps. Any identified data gaps will be augmented by the EIR project team. The EIR content will be focused on those issues identified in the Initial Study prepared by the City of Temecula. All requisite CEQA notices and filing fees will be the responsibility of the City. The EIR will be focused on air quality and greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and planning, noise, population and housing, public services and utilities, and transportation/traffic. Task 1— Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. In order to accommodate the aggressive schedule, the management team will be very hands-on throughout the process and we anticipate approximately 16 hours per month for project management/coordination for the duration of the project (6 months). We have also included costs for four (4) meetings with City staff, attendance at the public hearing on the Draft EIR, one (1) Planning Commission hearing, and one (1) City Council hearing. Weekly project team conference calls will occur under this task for the duration of the project. Task 2 — Administrative Draft EIR ESA will prepare an Administrative Draft EIR for review by the City. The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines. It will include all CEQA-required sections based on the NOP/Initial Study. The following outline provides the proposed organization of the Draft EIR: Executive Summary: The executive summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features of the project that will be implemented. This section will also summarize the proposed project's impacts and mitigation measures and will contain a summary analysis of the alternatives to the proposed project. Section 1.0 — Introduction: The introduction will include the purpose of an EIR and procedural information. Section 2.0 - Project Description: The project description will be based on information provided by City and will include the project background, project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 3.0 — Environmental Setting: The existing environmental setting will be described and documented for each environmental factor identified in the Initial Study. Information will be graphically depicted and described in the separate sections of the document. Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the NOP/Initial Study, this section of the EIR will include a discussion of the environmental setting, project impacts (distinguished between primary or secondary impacts), cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. Section 5.0 — Other CEQA Considerations: ESA will prepare the following CEQA- required analysis sections: significant irreversible environmental changes and growth - inducing impacts. Section 6.0 — Alternatives: Alternatives will be established in discussions between ESA and the City. For the purposes of this proposal, a total of four alternatives including the mandatory no project alternative will be considered in this section of the EIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Section 7.0 — Persons and Organizations Consulted/References: ESA will prepare this section of the EIR to document all persons and sources that contributed to the environmental analysis. Subsequent to your review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for final approval, followed by the Draft EIR for public review. We assume that changes will be minimal due to early consultation with the City, and previous approval of technical reports by City personnel. Deliverables: o Administrative Draft EIR — 6 hard copies and 1 electronic (pdf) file o Screencheck Draft EIR — 1 electronic (pdf) copy o Draft EIR — 25 hard copies and 25 CDs with a compiled pdf Task 3 — Final EIR/Findings/Mitigation Monitoring At the conclusion of the public review period, ESA will work with the City to obtain all comments received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR, where required, will be prepared. In order to facilitate the aggressive schedule, ESA will begin work on the Final EIR and begin drafting responses to the comments as comments are received by the City—as opposed to waiting until the close of the public review period. It is difficult to predict public reaction to the Draft EIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 10 comment letters. In the event that the public comments on the Draft EIR are greater than expected, ESA will meet with the City to adjust the work program/budget, as necessary. An Administrative Final EIR will be submitted to the City for review. Subsequent to City review of the Administrative Final EIR, ESA will prepare a Screencheck Final EIR, including the findings. ESA assumes that comments on the Administrative Final EIR will be minimal, due to early consultation with the City and the applicant when comments were received. A Screencheck Final EIR will be submitted to the City for final approval and then the Final EIR will be prepared. ESA will assist the City in transmitting the required copies to the State Clearinghouse. Deliverables: o Administrative Final EIR — 6 hard copies and one electronic (pdf) copy o Screencheck Final EIR — 1 electronic (pdf) file o Final EIR — 25 copies of Final EIR and 25 CDs with a compiled pdf ESA will prepare a detailed Mitigation Monitoring and Reporting Program (MMRP) in accordance with Section 15063 of the CEQA Guidelines in response to any significant environmental impacts that may be identified to result from the proposed project. The MMRP will be submitted with the Draft EIR and completed once the Final EIR is certified. Deliverables: o Administrative Draft MMRP — 6 hard copies o Final MMRP — 25 hard copies and 25 CDs Environmental Issues Based on review of the RFP and discussions with the City, the following specific issues will be evaluated and addressed in the EIR: Air Quality The project site is located within the South Coast Air Basin (Basin) under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD). Site preparation and construction activities, as well as project operational characteristics, could generate substantial short-term temporary and long-term operational emissions of criteria air pollutants (such as particulate matter) and ozone precursors. Sensitive receptors in the project vicinity include numerous residences, a community park, a community center (e.g. Boys and Girls Club) and a middle school. Construction, area, and mobile source emissions associated with the project may result in project emissions that exceed SCAQMD's adopted thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Basin. Tasks Discuss the local and regional climate, meteorology, and topography as they affect the accumulation or dispersion of pollutants. Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. Summarize current air quality conditions and recent trends in the project area on the basis of the annual air quality monitoring data summaries published by the California Air Resources Board (ARB). Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. Identify specific air pollutant -sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. Describe the SCAQMD air quality impact significance thresholds for new developments. Discuss, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants generated by construction activities. Estimate construction -related emissions for all project components using the most recent versions of ARB's OFFROAD and EMFAC air pollutant emissions models as incorporated into the SCAQMD-recommended CaIEEMod model. Estimate area- and mobile -source emissions associated with the project based on proposed building sizes and types and the project traffic analysis using the most recent version of CaIEEMod. Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of state or federal air quality goals. Additionally, discuss the impact of surrounding land uses on sensitive receptors introduced by the project. Discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would meet SCAQMD thresholds of significance. Assess the potential for the proposed project to create objectionable odors that could affect a substantial number of people. Identify cumulative development in the area and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis Biological Resources The proposed project has been reviewed by the Riverside County EPD for compliance with the MSHCP and has an approved Determination of Biologically Superior or Equivalent Preservation (DBESP), Habitat Acquisition and Negotiation Strategy (HANS) and a Regional Conservation Authority Joint Project Review Consistency Determination. It is understood that all future specific development proposals require MSHCP consistency review to ensure compliance with these documents. While the HANS was performed in 2005 and will required revisions, a burrowing owl survey was performed in 2011, which is considered current. ESA will use the previously prepared biological documentation and MSHCP consistency findings and other available information sources such as aerial photographs, topographic maps California Department of Fish and Game (CDFG) California Natural Diversity Data Base (CNDDB) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, to document existing biological resources. With this formation as a basis, we will develop a list of threatened and endangered and other sensitive species with potential to occur within, or in habitats adjacent to, the project area. ESA will also obtain official special status species lists for the project area from the U.S. Fish and Wildlife Service. In addition, ESA will review and determine the applicability of biological analyses in other available planning and site-specific biological assessments and EIRs written for the region. Subsequent to the gathering of this background dataset, we will conduct a reconnaissance site visit to confirm that conditions have not changed since the last biological resources documentation, and to record any potential changes that may have occurred. From our recent site visit in preparation for this proposal, we noticed that mulefat scrub, a wetlands -associated plant community, occurs along drainages in the northern and southeastern portions of the site. While the previous documentation stated that no jurisdictional waters were present on the site, the presence of mulefat scrub indicates a potential change in the site conditions. ESA will conduct a wetlands delineation to verify whether or not waters or wetlands occur on the site, and identify whether these waters/wetlands would fall under the jurisdiction of the U.S. Army Corps of Engineers, CDFG and/or Regional Water Quality Board. Tasks Review the above outlined information; conduct a field survey to verify vegetation and wildlife habitat in the project area, including the potential onsite occurrence of special - status species, wetlands and other sensitive biological resources, and potential wildlife movement corridors. Due to the presence of wetlands -associated plant communities, conduct a jurisdictional wetlands delineation. Revise the original HANS and update it with current information. Review the findings of the County EPD approvals and convert the findings/requirements into EIR mitigation measures. Greenhouse Gas Emissions In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq., or AB 32), which requires the ARB to design and implement emission limits, regulations, and other measures to reduce statewide greenhouse gas (GHG) emissions to 1990 levels by 2020. Senate Bill (SB) 97, signed August 2007, acknowledges that climate change is a prominent environmental issue that requires analysis under CEQA. The updated CEQA Guidelines include requirements for determining the significance of impacts from GHG emissions. The project will generate GHG emissions during construction and operations. The GHG analysis for the project will include responses to all questions in the Greenhouse Gas Emissions section of Appendix G of the CEQA Guidelines. Tasks Summarize the federal, State, regional and local regulatory environment relative to climate change and generation of GHG emissions. Describe the existing setting as it relates to GHG emissions. Quantify emissions of GHGs, primarily carbon dioxide, methane, and nitrous oxide resulting from construction and operation of the proposed project using the most recent version of the SCAQMD-recommended CaIEEMod model. Address impacts based on CEQA Guidelines Appendix G checklist questions pertaining to GHG emissions. Identify the criteria used to determine significance of impacts as applicable at the time of the analysis. Assessment of consistency with ARB's Climate Change Scoping Plan will be performed to determine whether the project is consistent with the goals of AB 32. SCAQMD's efforts to develop a GHG threshold of significance for land use development projects will be incorporated, as necessary. Recommend appropriate mitigation measures to reduce GHG emissions from project construction and operation, if warranted by the impact analysis. Cultural Resources Historic/Archaeological Resources The project, located adjacent to Temecula Creek, is in an area that is considered sensitive for prehistoric cultural resources. It is within the Luiseno Ancestral Origin Landscape area, which is considered a very sacred area by Native Americans. Past development on a nearby parcel uncovered a major Luiseno village site, which included discovery of human burials and sacred items. The project vicinity remained undeveloped and under cultivation until the 1980s when housing developments began to appear. Additional residential neighborhoods were constructed in the mid -2000s. The project area itself was undeveloped until the late 1960s or early 1970s when buildings of unknown function (possibly related to surrounding agricultural activities) were constructed. The buildings were demolished by 2005. While no historic resources are anticipated in the project area, there is potential for the discovery of prehistoric cultural resources, including those that may have become buried as a result of alluvial depositional activity. Paleontological Resources A previous cultural resources study conducted for the project area included a paleontological records search at the San Bernardino County Museum (SBCM). The subsequent report (Lord, 2006) indicated that the surface is overlaid with alluvium deposited by Temecula Creek, but the fossiliferous Pauba Formation underlies the alluvium. The report concluded that excavation extending into the Pauba Formation could result in the discovery of significant fossils. The previous cultural resources study (Lord, 2006) was reviewed for adequacy for use in this project. The cultural resources section is more than five years old and is not considered current by standard archaeological practices; therefore a new cultural resources study is proposed. The paleontological resources section is considered current and will be used in the preparation of the EIR. The following five tasks will be conducted in order to provide a cultural resources assessment and paleontological EIR sub -section for the Bella Linda Single and Multi -Family Project EIR. Tasks Archival research will be conducted at the Eastern Information Center (EIC) to identify the presence of previous cultural investigations and previously recorded cultural resources within a 1 -mile radius of the project area. Research will include a review of historic topographic and aerial maps. The purpose of this research is to identify any cultural resources present in the project area and, based on the types of resources found within 1 mile of the project area, to generalize the archaeological sensitivity of the project area and the types of resources that could be found within the project area. An intensive cultural resources survey will be conducted of the approximate 22.5 -acre project area (including the 0.91 -acre offsite area). Qualified cultural resources surveyors will systematically survey all accessible portions of the project area where exposed ground surface is visible. A Native American monitor will be present during the survey. Soils will be inspected for evidence of cultural resources. In the event resources are discovered, the discoveries will be photo -documented and recorded on appropriate DPR 523 forms, and their locations mapped using a GPS unit. Only resources in imminent danger of destruction will be collected - all others will be left in situ. This scope assumes that no more than one (1) new or previously recorded cultural resource will be encountered as a result of the survey. Should potentially significant resources be identified, additional work associated with the formal evaluation of resources may be recommended to be conducted as part of a separate scope and cost prior to the completion of the EIR. A Sacred Lands File (SLF) check will be requested from the California Native American Heritage Commission (NAHC) in order to solicit information on sensitive or undocumented traditional/cultural sites in the vicinity of the project. Native American representatives identified by the NAHC as having affiliation with the area will be contacted to assist in identifying any locations of cultural sensitivity. ESA will coordinate with interested Native American individuals/groups to solicit input regarding cultural resources sensitivity/concerns within the project area and to assist with the development of appropriate mitigation. A Phase I Cultural Resources Report addressing CEQA requirements will be prepared. The report will follow the guidelines in Archaeological Resource Management Reports (ARMR): Recommended Contents and Format, Department of Parks and Recreation, Office of Historic Preservation, State of California, 1990. The report will provide background contexts for the project area and will present the methods and results of the study. The report will include any input received from interested Native American individuals/groups. The report will also provide recommendations regarding further treatment of any potentially significant resources identified as a result of the study, and will address the likelihood of encountering subsurface intact archaeological resources during construction. The results of the Phase I study will be incorporated into the EIR. A draft report will be provided to the City for review. A final report, incorporating one round of comments, will be prepared and one hard copy and an electronic copy (PDF) will be provided. Hard copies of the report will be sent to the archives at the EIC for their files A paleontological study was conducted as part of the cultural resources investigation in 2006 (Lord, 2006). The study appears to be adequate and no additional paleontological research or survey is recommended. It is recommended, however, that the paleontological records search results from SBCM be obtained and reviewed for the specific purpose of developing the impacts analysis and mitigation components of the paleontological resources sub -section of the EIR. Assumptions related to the cultural resources analysis: No more than —22.5 -acres will require survey. Survey will be completed by 2 surveyors in 1 field day. ESA will contract directly with the Native American monitor. The project area will be accessible to surveyors. If requested by the City, ground -penetrating radar (GPR) will be used for up to 4 days. Approximately 1-2 acres per day can be covered using GPR. No more than 1 cultural resource will be recorded and a preliminary eligibility evaluation will be provided. The client will be notified immediately if more than 1 resource is encountered. No paleontological records search or survey is required. No historic architectural resources exist within or immediately adjacent to the project area. No more than two meetings with interested Native American individuals/groups will be attended. Geology, Soils, and Seismicity Temecula is located in a seismically -active region of California where significant seismic hazards are present. While no active faults are known to intersect the project site, there are a number of active faults such as the Elsinore, San Jacinto and San Andreas faults in the region that are capable of producing a significant event. The nearest active faults to the project site are the Wolf Valley, Wildomar, and Willard fault segments associated with the Elsinore fault system. Secondary seismic hazards such as liquefaction have also been identified at the project site. The surface soils consist of mostly sands, silts and clays with a generally low potential for expansion. Other geologic hazards such as subsidence and erosion are also present at the project site. Tasks Provide overall data review of area geologic conditions using published reports, maps, the previous Initial Study and work ESA has completed in the region. Summarize regional reports on soils, geologic materials, and mineral resources. Using the soil association maps, verify soil types present in the project area. Confirm key soil constraints related to these associations and slope conditions. Such constraints could include depth, permeability, susceptibility to erosion or collapse, limitations for foundation bearing, and placement of buried infrastructure and roads. Identify special problems, such as potential for settlement, expansive soils and shrinkage problems (shrink/swell) and liquefaction. Briefly review and confirm the seismic setting of the project and its susceptibility to seismic hazards. Describe the erosion hazards of the area. Evaluate erosion as related to regional conditions, including slope, erosion potential and proximity to drainage channels. Discuss the potential limitations that erosion hazard could place on development. Prepare a setting section, summarize the regulatory framework, and determine the impacts of the proposed project based on information and data gathered including what has been included in the previous EIR. Determine impact significance through focused analysis and develop mitigation measures to reduce impacts, if possible, to less than significant levels. Discuss and analyze any cumulative impacts based on known future planning projects in the region. Hazards & Hazardous Materials A concern for many communities is the presence of contaminated soil, groundwater, surface water, and structures that remain after polluting agricultural or industrial activities have ceased. Previous land uses that involved any petroleum distribution, chemical production, or hazardous material generation commonly have released hazardous materials to the subsurface at some point. Demolition of older structures can pose risks associated with exposure to hazardous building materials such as asbestos, lead-based paint, PCBs, and mercury. During demolition activities, if these hazardous building materials are riot handled appropriately they can be released into the environment and expose workers or the public. Tasks The EIR team will locate and inventory sites with known hazardous material concerns using a city-wide database search. From information provided in the database search, the EIR team will determine areas in the immediate vicinity of the project site that could pose a risk to proposed land uses. The EIR analysis will locate high-risk properties relative to major transportation routes, residential communities, and existing businesses that currently use, dispose and manage hazardous materials and waste. The EIR analysis will determine overall risk and develop impacts based on any known existing contaminated properties or properties that currently use hazardous materials and current hazardous materials regulations. Hydrology and Water Quality The northern portion of the project site is located within the flood zone (AE) of Temecula Creek. The western boundary of the site is adjacent to residential houses and is separated by a concrete lined channel that drains to Pechanga Parkway, where the waters (1 percent annual chance flood discharge) are contained by the channel (FEMA FIRM 06065C3305G, August 28, 2008). Based on review of the RFP and Water Quality Management Plan (WQMP) prepared for the project, the proposed project's post -construction runoff flow rate, volume, velocity, and duration are not anticipated to exceed the pre -development conditions. ESA will prepare the hydrology section of the DEIR utilizing the hydrologic information provided in the project -specific WQMP and will evaluate the potential for the proposed project to result in increased impervious surfaces and the associated impact to drainage patterns due to potential increases in runoff flow rates or volumes. Temecula Creek is located in the Santa Margarita Watershed within the Jurisdiction of the San Diego Regional Water Quality Control Board. Some of the beneficial uses associated with Temecula Creek include recreation, groundwater recharge, and industrial supply. According to the Clean Water Act Section 303(d) List, Temecula Creek is impaired for toxicity, total dissolved solids, phosphorus, copper, and chlorpyrifos (pesticide). The proposed project will result in a land use change of vacant undeveloped land to a residential land use. In the existing condition, the project site does not generally generate pollutants of concern. In the proposed condition, the new land use has the potential to generate pollutants that are commonly associated with residential land use, such as pathogens, nutrients, pesticides, sediments, oxygen demanding substances, trash and debris, and oil and grease. Based on review of the project -specific WQMP, the proposed project will include numerous permanent post -construction stormwater infiltration devices and open space in order to maximize infiltration. Tasks Discuss watershed characteristics, regulatory requirements, pollutants of concern, and receiving waters conditions, objectives, and beneficial uses. Review the project -specific WQMP and analyze the differences between the existing condition and project build condition with respect to water quality impacts. Consider pollutant sources (changes in land uses); changes in the amount of impervious areas and the relation to the amount of runoff (increase or decrease); application of BMPs (number of BMPs, new technologies, effectiveness); and discharges into impaired waters. Evaluate the project's potential impact on water quality and develop mitigation measures necessary to prevent adverse water quality impacts will be identified to ensure compliance with the Clean Water Act. Land Use and Planning The proposed project would introduce a land use that is not consistent with the City's General Plan or in compliance with the existing zoning. The existing General Plan designations are Professional Office and Open Space, with existing zoning designations of Professional Office and Very Low Density Residential. A Planned Development Overlay is required for this property. Implementation of the project would require a General Plan Amendment and a zone change. In addition, the project site is located within a Western Riverside Multi -Species Habitat and Conservation Plan criteria cell, requiring a Habitat Acquisition and Negotiation Strategy process and a Regional Conservation Authority Joint Project Review Consistency Determination. Tasks Identify existing land uses, general plan and zoning designations, on and surrounding the project site. Evaluate any inconsistencies between the proposed project and the City's adopted land use codes, regulations, and policies; including the General Plan and the Development Code. Discuss the relationship of existing and proposed uses of the site with existing and planned uses of surrounding properties. Discuss cumulative development (approved and planned projects) in the vicinity of the project. Identify any inconsistencies with regional land use plans and policies, and recommend mitigation measures to improve compliance. Identify the criteria used to determine significance and impacts resulting from the project. Recommend feasible mitigation measures, if needed. Identify any impacts remaining after implementation of the recommended mitigation measures. Noise The project site is bordered by Pechanga Parkway, Loma Linda Road, and Temecula Lane in the City of Temecula, California. Existing and future traffic noise exposure from these perimeter roadways may impact project residents. The project will increase traffic noise exposure on the local roadway network. These increases may impact existing noise -sensitive receivers (i.e., residential uses) in the project vicinity. Construction of the project may produce significant short- term noise and vibration exposure in the project area. Tasks Research and review applicable City of Temecula noise exposure criteria and the previously completed noise assessment for the project property (MBA, 2006). Complete short-term ambient and traffic calibration noise level measurements in the project vicinity. Complete traffic noise modeling using the Federal Highway Administration's (FHWA) Highway Traffic Noise Prediction Model to address future traffic noise exposure on the project site and project -related traffic noise level increases at existing noise -sensitive uses in the project vicinity. If needed, complete construction noise modeling using the FHWA's Roadway Construction Noise Model (RCNM) and assumed worst-case construction equipment operations near the closest existing noise -sensitive uses. Assess project noise and vibration impacts based on the applicable noise and vibration criteria, completed field measurements, traffic noise modeling, and construction noise modeling. Where needed, develop mitigation measures to address project noise and vibration impacts. These measures will address traffic -related noise exposure at project residences, project -related traffic noise level increases in the vicinity, and project -related construction noise and vibration exposure in the vicinity. Prepare the noise section for the Draft EIR. Population and Housing In general, a project would be considered growth -inducing if its implementation would result in substantial population increases and/or new development that might not occur if the project were not approved and implemented. The proposed project would add 325 multi -family units and 49 senior single-family units to the City's housing inventory. The type of development proposed for the project site was not anticipated in the General Plan; therefore, it could be considered to have potential growth -inducing impacts. Tasks Describe existing conditions at the sites. Provide estimates of the number of residents that would be added at the sites, based on estimates by ESA or numbers provided by the developers and using City population per dwelling unit assumptions for residential uses. Assess the likelihood that the project would directly or indirectly induce additional growth in the area based on new infrastructure or recreational opportunities. Evaluate the project's consistency with the City's population and housing projections. Recommend feasible mitigation measures, if needed. Public Services and Utilities The proposed project would result in the addition of new residences and could increase the population in the project area, which could affect the service standards of local public service agencies. In addition, how the project will be served by water and wastewater providers needs to be examined, as well as the effect of the project's demand on the ability of the utilities to services existing and future customers. In addition, the resultant effect of any new facilities (should they be necessary) on the natural environmental should be examined. The Draft EIR will analyze impacts on public services and utilities. Tasks Document existing and proposed school facilities including location, capacity, expansion plans, project related student generation and mitigation measures. Document existing police and fire facilities in the project vicinity, response times, project related impacts to existing service levels and required mitigation measures. Document existing water and wastewater providers (Rancho California Water District, Eastern Municipal Water District), their service area, existing sources and demands, and usage projections Describe the location, current levels of use, and existing conditions of recreation areas within the project area. Identify measures to mitigate potential impacts. Traffic and Circulation ESA's sub -consultant Fehr & Peers will prepare a project specific traffic study and ESA will summarize its findings in the EIR document. The traffic impact analysis will include an evaluation of construction related and operational effects of the proposed project. Tasks Fehr & Peers and other members of the project team will meet with the City to solicit input and approve the Traffic Study Scoping Agreement. Specific items that will be addressed in the Scoping Agreement include: Determination of Study Area Study Intersections Study Roadway Segments Project Description Project Trip Generation Project Trip Distribution Proposed/Approved Projects for Cumulative Traffic Ambient (Background) Traffic Growth Assumptions or Integration with City's Model Process for Opening Year and Cumulative Project Forecast Methodology Determination if Caltrans Analysis is required Preliminary Trip Generation estimates have been developed to aid in the determination of the study area as well as intersections for analysis. Based on our preliminary estimates, 13 intersections were identified to possibly have 50 or more project trips added. This preliminary analysis developed has already been incorporated into a Draft Scoping Agreement to streamline this Task effort. Ultimately, Fehr & Peers will finalize a Draft Project Scoping Agreement consistent with the City of Temecula Traffic Study Guidelines. Following the completion of this meeting, Fehr & Peers will update the Draft Scoping Agreement as needed. Analyze existing conditions within the study area as defined above. As described above, a preliminary trip generation estimate was developed that identified 13 intersections which may have 50 or more project trips added. Our scope assumes that new counts may be required at up to 15 intersections and 15 roadway segments. Conduct a field review to document the existing roadway and intersection configurations within the study including the location of traffic control devices, sidewalks, and transit facilities. This scope assumes that a minimum of 15 intersections would be studied. Prepare Level of Service (LOS) analyses for analyzed intersections and roadway segments. The methodology used for each will be consistent with requirements described in the City's Traffic Impact Analysis Guidelines. Identify project traffic estimates for daily and peak hour periods using the data identified in the Traffic Study Scoping Agreement. Prepare traffic forecasts consistent with the scenarios identified in the City's Traffic Impact Analysis Guidelines which include: Existing Traffic Conditions (VVith Project) Opening Year Traffic Conditions: Phase 1 (Without Project) Opening Year Traffic Conditions: Phase 1 (With Project) Opening Year Traffic Conditions: Phase 2 (VVithout Project) Opening Year Traffic Conditions: Phase 2 (With Project) Cumulative Traffic Conditions (Without Project) Cumulative Traffic Conditions (VVith Project) General Plan Buildout (Without Project) General Plan Buildout (With Project) The Opening Year and Cumulative Scenario analysis will require the preparation of additional Background Traffic forecasts using data sources including lists of Cumulative Projects and the City's General Plan. The General Plan Buildout traffic data will be obtained from RIVTAM, as Fehr & Peers is one of the on-call consultants currently authorized to use RIVTAM. As Fehr & Peers currently has access to the model and have used it for a variety of projects throughout Riverside County, it is anticipated that traffic volumes for the General Plan Buildout Scenario can be easily obtained. The process employed to identify these Opening Year and Cumulative Project forecasts will be identified and verified during the initial meeting with City Staff. Roadway segment and intersection Level of Service (LOS) analysis will be conducted using the same methodologies detailed above. A traffic signal warrant analysis will be performed at any unsignalized analyzed intersections within the study area. Evaluate the existing roadway conditions to determine if safety and/or operational improvements will be necessary due to the increase in traffic from the project or cumulative projects. Identify impacts associated with the Project Traffic using City of Temecula Significance Criteria. If any impacts are identified, mitigations will be developed. These mitigations could include traffic signal improvements, roadway widening, or other related items. We will also consider the benefits of the City's Adaptive Traffic Control System (ATCS) related to any roadway segment and intersection impacts and mitigation measures. The Project Fair Share of mitigation costs will be calculated for each study area analyzed intersections, and will be calculated for each analyzed peak hour. Based on preliminary trip generation estimates and the proximity of the project site to State Route 79 and Interstate 15, it is anticipated that some level of analysis will be required by Caltrans along a state highway. For this task, Fehr & Peers will coordinate with Caltrans to determine the facilities to be studied and will perform analysis consistent with the Caltrans Traffic Impact Study Guidelines. Conduct a review of the project site plan related to site access, internal circulation, and emergency vehicle connectivity. It will address the adequacy of the proposed circulation and will also identify the traffic control at the project driveways and/or intersections. Concurrent with this site plan review, Fehr & Peers will also determine if there are any conflicts with adopted programs and policies related to alternative travel modes like bicycles, pedestrians, and transit. Produce a Draft Traffic Impact Analysis Report, summarizing the above tasks. The Draft Report will be consistent with the format and requirements described in the City's Traffic Impact analysis Guidelines. The Draft Report will be signed and stamped by a Traffic Engineer or Civil Engineer registered in the State of California, qualified to practice traffic engineering. It is anticipated that a Draft Report would be produced, with the report updated following the receipt of any comments from the Project Team and City Staff. Incorporate the findings of the Traffic Impact Analysis Report into the Draft EI R. Cumulative Impacts Implementation of the proposed project could contribute to cumulative impacts in the region. Cumulative impacts and mitigation measures will be documented and will be easily differentiated from project specific impacts and mitigation measures. Tasks Compile a list of projects in the project vicinity in cooperation with the city and county and based on information provided in the traffic report. Address the cumulative impacts of the proposed project in conjunction with other uses, existing and proposed, in the surrounding area. Identify measures that would reduce cumulative impacts of the project to the City. Schedule ESA and our subconsultants, Fehr and Peers and Paleo Solution, understand the aggressive schedule required for this project and that completion of the Draft and Final EIR will be the critical path for scheduling project public hearings with the Planning Commission and City Council. To be responsive to this schedule, ESA has compiled a project team consisting of some or our most experienced technical staff that is familiar with the city and surrounding areas as well as the specific issues related to this type of project. Per the RFP, the Administrative Draft EIR will be completed within five weeks of the City's consultant selection and project kick- off, with certification of the Final EIR being completed within 6 months of project kick-off. The schedule presented in Figure 2 supports achievement of the major milestones of the project, and the certification of the environmental documentation. EXHIBIT B Payment Rates and Schedule COST PROPOSAL Consistent with the requirements of the RFP, this fee schedule is provided in a separate sealed envelope. Table 1 summarizes our proposed costs to complete the scope of work presented in Section 2 of our proposal based on an expedited schedule. Reimbursable expenses, including travel/parking, etc. will be invoiced in accordance with ESA's standard rate schedule, and are included in the total cost proposal. TABLE 1 COST ESTIMATE — TEMECULA BELLA LINDA SINGLE AND MULTI -FAMILY PROJECT EIR TASK COST Task 1 — Project Management / Coordination $16,800 Task 2 — Administrative Draft EIR / Draft EIR $197,740 Air Quality Assessment $6,950 Biology Assessment (w Jurisdictional Wetlands Delineation) $16,960 Cultural Resources Report (w 4 days Ground -penetrating Radar) $24,680 Greenhouse Gas Emissions Assessment $4,450 Hydrology and Water Quality $6,400 Noise Assessment $8,000 Traffic Impact Analysis $66,700 All Other DEIR Sections (Project Description, Alternatives, etc.) $63,600 Task 3 — Final EIR, Findings, MMRP $26,940 Subtotal - Labor $241,480 Document Reproduction $5,000 Reimbursable Expenses (in-house copying, mileage, $3,100 postage, equipment usage, etc.) Total $249,580 Our services will be billed monthly on a time -and -materials, not to exceed basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. Fee Schedule I. Personnel Category Rates Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5. Executive Director $255.00 Senior Director II - Engineer $245.00 Senior Director II $235.00 Senior Director I - Engineer $215.00 Senior Director I $215.00 Director - Engineer $200.00 Director II $200.00 Director I $185.00 Senior Managing Associate / Technical Assoc. - Engineer $175.00 Senior Managing Associate / Technical Associate II $175.00 Senior Managing Associate / Technical Associate I $170.00 Managing Associate / Technical Associate - Engineer $160.00 Managing Associate / Technical Associate 11 $160.00 Managing Associate / Technical Associate I $150.00 Senior Associate II - Engineer $145.00 Senior Associate II $135.00 Hydrologist 11 $125.00 Hydrologist 1 $115.00 Senior Associate 1 $125.00 Associate III $110.00 Hydrographer $105.00 Senior Administrative / Graphics $105.00 Associate 11 $100.00 Associate 1 $90.00 Environmental Tech 11 $80.00 Environmental Tech 1 $70.00 Administrative / Graphics $85.00 Clerical $70.00 (a) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. (b) 11. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle - IRS mileage reimbursement rate b. Common carrier or car rental - actual multiplied by 1.15 2. Lodging, meals and related travel expenses - direct expenses multiplied by 1.15 B. Communications Fee In-house costs for phone, e-mail, fax, regular postage, walk-up copier, and records retention - project labor charges multiplied by 3% C. Printing/Reproduction Rates Item /page 8 1/2 x 11 b/w 11 x 17 b/w 8 112 x 11 color 11 x 17 color Covers Binding HP Plotter CD Digital Photography $0.05 $0.10 $1.00 $1.50 $0.50 $1.00 $25.00 $10.00 $20.00 (up to 50 images) D. Equipment Rates Item elMonth General Equipments: Vehicles Laptop Computers LCD Projector Noise Meter Electrofish er Sample Pump Surveying Kit Total Station Set Field Traps Digital Planimeter CamerasNideo/Cell Phone Miscellaneous Small Equipment Computer Time (i.e. GIS) Trimble GPS GIS Imagery GIS Web Maps Tablet GPS Laser Level Garmin GPS or equivalent Stilling Well /Coring Pipe (3 inch aluminum) $ 40a 50 200 50 300 25 20 100 40 40 20 5 120b 75 2c 100 60 25 $3/ft $ 180 200 600 1,200 400 350 400 $ 500 200 900 200d 1,000 250 a b GIS computer time will be charged at $15.00 per hour. c A GIS image is based on 800 x 1,000 pixels. Custom size will be charged accordingly. d GIS Web Maps will be charge in $200 per unit of disk space. Actual project charges will be eitherthe IRS mileage reimbursement rate orthe daily rate, whichever is higher. III. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.15. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Executive Director of Community Services DATE: March 27, 2012 SUBJECT: City of Temecula Partnership with County of Riverside to provide space for Mobile Medical Unit in the Mary Phillips Senior Center PREPARED BY: Charles Walker, Human Services Manager RECOMMENDATION: Approve the agreement between the County of Riverside and City of Temecula for the provision of space for a Mobile Medical Unit at the Mary Phillips Senior Center approved by the County of Riverside. BACKGROUND: The County of Riverside Mobile Health Clinic (MHC), operated by Riverside County Medical Center (RCRMC), is a 40 foot long clinic on wheels. The MHC provides accessible, sensitive health care in a non-traditional clinic setting to the residents of Riverside County. It assists members of our community (both insured and uninsured) gain access to traditional primary health care providers. RCRMC partners with school districts and community organizations to provide primary and preventive health care services to underserved communities throughout Riverside County. Under the supervision of the Medical Director, care is provided by a healthcare provider, a pharmacist, a licensed vocational nurse, a health services assistant and supporting staff. The unit is equipped to handle drop in care for non -emergency medical conditions, follow up care and basic laboratory tests for purposes of completing medical screening examinations. Program services include, but not limited to healthcare education, general medical exams, preventive screenings, immunizations, physical exams, vaccinations, as well as screening and treatment of chronic health conditions for adults, children and families. By providing healthcare services "on the go," the MHC reaches out to both urban and rural areas throughout Riverside County. The Mobile Medical vehicle will be located at the Senior Center once a month at a date to be determined later and this is provided at no cost to the City or residents. FISCAL IMPACT: None ATTACHMENTS: License Agreement LICENSE AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA FOR USE OF THE MARY PHILIPS CENTER PARKING LOT This License Agreement is made and entered into by and between the County of Riverside, a political subdivision of the State of California ("COUNTY") and the CITY of Temecula, a municipal corporation ("CITY"), herein collectively referred to as the PARTIES. NOW THEREFORE, in consideration of the mutual promises, covenants representations and conditions hereinafter contained, the PARTIES hereto mutually agree as follows: 1.0 RECITALS This License Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: 1.1 The CITY is the owner of certain real property in the City of Temecula, Temecula, California, and identified as Assessor's Parcel Number 921-070-024, known as the Mary Philips Center parking lot (hereafter "Subject Property") located at 41845 Sixth Street, Old Town Temecula, and CA. 1.2 The COUNTY, has the expertise, special skills, knowledge and experience to operate an outpatient health clinic to provide primary and preventive health care services and health education programs ("Mobile Medical Unit Clinics"); 1.3 The CITY is willing to grant a license to COUNTY to use the Subject Property in consideration of and recognition of the community services provided to the community by the COUNTY. 1.4 The CITY and COUNTY desire to enter into this Agreement to provide the terms and conditions upon which COUNTY shall use the Subject Property described below. 2.0 RIGHT TO USE SUBJECT PROPERTY CITY hereby grants a license to COUNTY to use the parking lot, for Mobile Medical Unit services, at the Subject Property every 1st day of the month, subject to the terms and conditions of this License Agreement. 3.0 OBLIGATIONS 3.1 Obligations of the COUNTY. County shall: A. Be solely responsible for staffing and providing Mobile Medical Unit Clinic services under this Agreement. COUNTY represents and warrants that staff and/or trainees providing the services are adequately trained and prepared according to prevailing professional standards for providing such services. Error! Unknown document property name. B. Promptly notify CITY of any dilapidation or other defective conditions on the Subject Property that require repair. C. Be responsible for maintaining the Subject Property in a neat and clean condition while on the Subject Property. D. Make no modifications to the Subject Property nor shall COUNTY place any additional storage units on the Subject Property, without the prior written consent by CITY. 3.2 Obligations of the CITY. CITY shall: A. Provide the COUNTY access to Subject Property for operation of Mobile Medical Unit Clinic services every 14 day of every month. 4.0 TERM AND TERMINATION 4.1 Term. This Agreement shall be effective for a one (1) year term, commencing on April 1, 2012 and expiring on June 30, 2012, and automatically renew on a year-to-year basis unless terminated as specified below in Section 4.2 (Termination Without Cause) or as otherwise specified herein. 4.2 Termination Without Cause. Either party may terminate this Agreement with or without cause by giving sixty (60) days prior written notice to the other party, after which neither party will have any further obligation under this Agreement, except that the indemnification provisions set forth below in Section 5.0 (Indemnification) and subsection 10.3 of Section 10 (Use Restrictions) will survive termination of this Agreement. 5.0 INDEMNIFICATION 5.1 COUNTY shall indemnify, defend (with counsel approved by CITY), and hold harmless the CITY, its officers, officials, employees, agents and volunteers for any and all claims, actions, losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions which arise from the COUNTY's performance of its obligations under this Agreement. 5.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its Board of Supervisors, officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from the CITY's negligent acts or omissions which arise from the CITY's performance of its obligations under this Agreement. 5.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 6.0 INSURANCE The CITY and the COUNTY have demonstrated over time that they are each financially -2- Error! Unknown document property name. responsible entities. The CITY and the COUNTY shall each maintain insurance or self-insurance for the types and limits that are considered normal for their respective operations. 7.0 LICENSES 7.1 COUNTY shall, through the term of this Agreement, maintain in current and "good standing" status, all licenses necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, County of Riverside, and all other applicable governmental agencies. 7.2 COUNTY shall ensure that employees performing services under the terms of this Agreement are in compliance with all applicable licensing requirements and shall provide copies to the CITY, if requested. 8.0 LEGAL RESPONSIBILITIES; NON-DISCRIMINATION The COUNTY shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services described in this Agreement. As required by law, the COUNTY hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon, nor shall the COUNTY establish or permit any such practice or practices of discrimination or segregation. The COUNTY shall at all times observe and comply with all such ordinances, laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the COUNTY to comply with this section. 9.0 ASSIGNMENT AND SUBLETTING COUNTY shall not assign its interest in this Agreement or in the Subject Property to any person or entity without first obtaining the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 10.0 USE RESTRICTIONS 10.1 COUNTY shall not maintain any nuisance, public or private, on the Subject Property. 10.2 COUNTY shall not use, generate, manufacture, store, transport or dispose of, on or over the Subject Property any flammable liquids, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, including but not limited to medical supplies (collectively referred to as "Hazardous Materials") as those terms are defined under federal and state laws, except for the Hazardous Materials which may be in the vehicles that COUNTY will park on the Subject Property. Should any discharge, leakage, spillage, emission, or pollution of -3- Error! Unknown document property name. any type occur upon or from the Subject Property as a result of COUNTY's use and occupancy thereof, COUNTY promptly shall provide notice as required by law, and COUNTY, at its sole cost and expense, shall undertake all appropriate remediation on all the property affected thereby, whether owned or controlled by CITY or any third party, to the satisfaction of CITY (insofar as the property owned or controlled by CITY is concerned) and any governmental body having jurisdiction thereof 10.3 Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the Subject Property (collectively referred to as "Discharge") as a result of COUNTY's use and occupancy thereof, COUNTY shall indemnify, hold harmless and defend CITY against all liability arising from any injuries to any person and damage to property, including without limitation, employees and property of COUNTY, and all related expenses, investigators' fees, and litigation expenses, resulting in whole or in part from any such Discharge, regardless of whether such liability, cost or expense arises during or after the term of this License Agreement. 11.0 MODIFICATION No modification, amendment, supplement to or waiver of any provision of this Agreement shall be binding upon the PARTIES unless made in writing and duly signed by the PARTIES. 12.0 SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 13.0 ASSIGNMENT Neither party hereto shall assign its rights or obligations pursuant to this Agreement, either in whole or in part, without prior written consent of the other party. 14.0 STATUS OF PARTIES The PARTIES hereby expressly understand and agree that this Agreement is not intended and shall not be construed to create a relationship of agent, servant, employee, partnership, joint venture, or association between CITY and COUNTY but is rather a contract by and between independent contractors. The PARTIES hereby expressly understand and agree that their employees, agents, and independent contractors are not the employees or Agents or independent contractors of the other party for any purpose, including, but not limited to, compensation for services, employee welfare and pension benefits, other fringe benefits of employment, or Workers' Compensation insurance. -4- Error! Unknown document property name. 15.0 WAIVER Any waiver by the COUNTY or CITY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the COUNTY or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or stopping COUNTY or CITY from enforcement hereof. 16.0 JURISDICTION, VENUE, ATTORNEY FEES This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. Any legal action related to this Agreement shall be filed in the appropriate court of the State of California located in Riverside, California. Should action be brought to enforce or interpret the provision of the Agreement, the prevailing party shall be entitled to attorney's fees in addition to whatever other relief is granted. 17.0 CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings used in this Agreement are for convenience only and are not a part of this Agreement and shall not be used in construing this Agreement. 18.0 NOTICES All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: CITY: CITY OF TEMECULA 41000 Main Street Temecula, California 92590 Mailing: PO Box 9033 Temecula, California 92589-9033 Attention: Community Services Director COUNTY: COUNTY OF RIVERSIDE Riverside County Regional Medical Center 26520 Cactus Avenue Moreno Valley, CA 92555 19.0 FORCE MAJEURE In the event COUNTY or CITY is unable to comply with any provision of this Agreement due to causes beyond their control such as acts of God acts of war, civil disorders, or other similar acts, COUNTY or CITY shall not be held liable for such failure to comply. -5- Error! Unknown document property name. 20.0 ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the PARTIES hereto with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by each of the PARTIES hereto. IN WITNESS WHEREOF, the PARTIES have executed this Agreement CITY OF TEMECULA COUNTY By: By: Chuck Washington, Mayor Douglas Bagley, Hospital Director ATTEST By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney DB -6- Error! Unknown document property name. Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 27, 2012 SUBJECT: Fourth Amendment to the Agreement with KRW & Associates for Engineering Plan Check, Map, and Legal Description Review for Fiscal Year 2012-13 PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: Approve a Fourth Amendment to the Agreement with KRW & Associates in the amount of $15,000 for Engineering Plan Check, Map, and Legal Description Review for Fiscal Year 2012-13. BACKGROUND: In July of 2009, the City entered into an annual agreement with KRW & Associates for engineering plan check, map and legal description review. Subsequent to that on March 4, 2010, Amendment No. 1 was approved by the City Manager to add new scope of work (i.e., the signing of surveying related documents). On July 1, 2010, Amendment No. 2 was approved by the City Manager to extend the term of the agreement to June 30, 2011, to increase payment in the amount of $15,000 and to revise the "Notices" section of the agreement. On May 10, 2011, Amendment No. 3 was approved by the City Manager to extend the term of the agreement to June 30, 2012, to increase payment in the amount of $15,000. To date, staff has been satisfied with the services provided by KRW & Associates and wishes to continue to use their services for a third year. This Amendment No. 4 is to extend the term of the agreement to June 30, 2013 and to increase the payment in the amount of $15,000. With this Fourth Amendment, the total agreement amount will be $60,000, which requires City Council approval. The complete scope of work required is attached to and made part of Amendment No. 4. FISCAL IMPACT: Amendment No. 4 for the Agreement with KRW & Associates in an amount of $15,000 is funded with account number 001.163.999.5248. ATTACHMENTS: Fourth Amendment with KRW & Associates FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KRW & ASSOCIATES FOR ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS FOURTH AMENDMENT is made and entered into as of March 27, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Kris R. Winchak dba KRW & Associates, a (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review', in the amount of $15,000. b. On March 4, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to add scope of work. c. On July 1 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, to increase the payment in the amount of $15,000 and to revise the Notices section. d. On July 1 2011, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," to extend the term, to increase the payment in the amount of $15,000. e. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, to increase the payment in the amount of $15,000 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 June 30, 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 Fourth Amendment amount shall not exceed Fifteen Thousand Dollars and No Cents ($15,000), for additional Engineering Plan Check, Map and Legal 1 Description Review for a total Agreement amount of Sixty Thousand Dollars and No Cents ($60,000). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA KRW & ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of thecorporation.) By: By: Chuck Washington, Mayor ATTEST: Kris R. Winchak, Owner By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT KRW & Associates Attn: Kris Winchak P.O. Box 867 Murrieta, CA 92564 Ph. (951) 245-0159 kwInchak@verizon.net 3 FSM Initials:r} Date: 1/ Il ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 KRW & ASSOCIATES Land Surveying, Planning and Land Development P.O. Box 867 Murrieta, CA. 92564 Bus. Ph & Fax (951) 245-0159, Cell (909) 262-7009 February 21, 2012 City of Temecula, Department of Public Works 41000 Main Street Temecula Ca. 92590 Attn: Subject: John Pourkazemi, Associate Engineer City of Temecula Proposal for KRW & Associates to provide "Professional Services" to the City of Temecula Department of Public Works. Dear Mr. Pourkazemi This letter is to provide a "Proposal" for KRW & Associates to provide "Professional Services" to the City of Temecula Department of Public Works starting Fiscal Year 2012. The scope of these "Professional Services" to be provided by KRW & Associates under this "Proposal" shall include the following: • Plan Checking of Tract Maps, Parcel Maps, Lot Line Adjustments, Easements, Real Property Legal Descriptions and any other documents relating to the Surveying Profession. • Prepare Subdivision Maps and prepare Legal Descriptions for Easements and Real Properties, Survey Plats and any other survey related work with compensation based on a separate written proposal to be approved by the City Engineer. • The signing of Tract Maps and Parcel Maps shall be provided by KRW & Associates, on behalf of the City of Temecula for the Technical Map Review and Approval. This will be performed upon the completion of the plan check review of Maps done either by KRW & Associates or by City engineering staff reviewing the Maps under the direct supervision of KRW & Associates. The signature statements to be used on the Maps shall be based on the agreed statement form to be determined between the City of Temecula and KRW & Associates. • The signing of all Lot Line Adjustments, Lot Mergers, Survey Plats, Legal Descriptions, Deeds, Easements and any other survey related legal documents for technical review shall be provided by KRW & Associates, on behalf of the City of Page 1 of 2 Temecula, for the Technical Document Review and Approval. The signature of approval for the technical review of these documents will be based upon the completion of plan check review done either by KRW & Associates or by City engineering staff reviewing the documents under the direct supervision of KRW & Associates. The signature statements to be used on these documents shall be based on the agreed statement form to be determined between the City of Temecula and KRW & Associates. I understand the terms of my "Proposal" are based on the attached City Agreement. The compensation for "Professional Services" provided by KRW & Associates will be paid by the City of Temecula at a rate of One Hundred Ten Dollars ($110.00) per hour based on a project by project basis, not to exceed the amount specified in the City Agreement unless otherwise authorized by the City of Temecula. I am very pleased to be of service to the City of Temecula Department of Public Works and look forward to the future and continuation of our work relationship. Very Truly Yours, (c C %,7'c Kris R. Winchak, L.S. 6240 KRW & Associates Page 2 of 2 Item No. 10 Approvals City Attorney Director of Finance City Manager tar CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 27, 2012 SUBJECT: Construction Contract for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP RECOMMENDATION: 1. Accelerate the appropriation and funding in the amount of $200,000 from the construction line item for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04, from Fiscal Year 2012-13 to Fiscal Year 2011-12; 2. Award a construction contract for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, PW07-04, to Flatiron West, Inc. in the amount of $13,780,137.50; 3. Authorize the City Manager to approve change orders up to 10% of the contract amount, $1,378,013.75; 4. Make a finding that the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On October 25, 2011, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I, Project No. PW07-04. Phase I improvements include constructing a new southbound off -ramp from 1-15 to French Valley Parkway, building the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue, widening the existing southbound off -ramp at Winchester Road, and widening southbound 1-15 between Warm Springs Creek and the Winchester Road off -ramp. The construction contract was publicly advertised between January 25 — March 1, 2012. Eight bids were received and publicly opened on Thursday, March 1, 2012. The results were as follows: 1. Flatiron West, Inc. 2. Beador Construction Company, Inc. 3. Ortiz Enterprises Incorporated 4. C.A. Rasmussen, Inc. 5. Griffith Company 6. Granite Construction Company $ 13,780,137.50 $ 14,567,700.00 $ 15,289,693.60 $ 15,449,223.40 $ 15,623,116.88 $ 16,018,181.00 Peterson -Chase General Engineering Construction, Inc. Non-responsive Riverside Construction Company, Inc. Non-responsive Bid proposals received from Peterson -Chase General Engineering Construction, Inc. and Riverside Construction Company, Inc. lacked an acceptable bid security and were therefore deemed non-responsive. Of the remaining candidates, staff found Flatiron West, Inc. of San Marcos, California to be the lowest responsible bidder. Flatiron West, Inc. has public contracting experience and has completed similar projects for other agencies. The Engineer's Estimate for the project was $22,500,000. The project specifications allow for 395 working days (19 months) to construct the project. 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. Since July 1, 2008 the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I construction contract is funded by TUMF and Measure A and is therefore exempt. FISCAL IMPACT: The French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase I project is included in the City's Capital Improvement Program Fiscal Year 2012-16. The sources of funds include TUMF (CETAP/RCTC) pursuant to Agreement No. 11-72-0036-00 and Measure A — Local Street and Road. With the acceleration of Construction funds from Fiscal Year 2012-13 to 2011-12, there will be sufficient funds available in the project account 210.165.719.5804 to cover the contract amount of $13,780,137.50 plus the 10% contingency amount of $1,378,013.75 for a total encumbrance of $15,158,151.25. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE 1 PROJECT NO. PW07-04 THIS CONTRACT, made and entered into the 27th day of March, 2012 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Flatiron West, 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: (1)Notice Inviting Bids, (2)Instructions to Bidders, (3)Proposal, (4)Performance Bond, (5)Labor and Materials Bond, (6)General Specifications, and (7)Special Provisions entitled FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I, PROJECT NO. PW07-04, (8)Insurance Forms, this (9)Contract, (10)Special Provisions For Construction On State Highway In Riverside County, In Temecula On Route 15 from the Winchester Road Overcrossing To 1.0 km South of the 1-15/1-215 Separation dated 12/0212011, (11)Project Plans For Construction On State Highway In Riverside County In Temecula And Murrieta At French Valley Parkway And At Winchester Road dated 12/0212011, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, issued by the California Department of Transportation, as amended by the Special Provisions For Construction On State Highway In Riverside County, In Temecula On Route 15 from the Winchester Road Overcrossing To 1.0 km South of the 1-15/1-215 Separation dated 12/02/2011, 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 and Special Provisions for FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE 1, PROJECT NO. PW07-04. Copies of these Standard Specifications are available from the publisher: California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, CA 95815 (916) 445-3520 BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Caltrans Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Special Provisions For Construction On State Highway In Riverside County, In Temecula CONTRACT C-1 FVP PI - CITY SPECS On Route 15 from the Winchester Road Overcrossing To 1.0 km South of the 1-15/1- 215 Separation dated 12/02/2011 and the General Specifications and Special Provisions for FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I, PROJECT NO. PW07-04. In case of conflict between the Caltrans Standard Specifications or 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: FRENCH VALLEY PARKWAY/INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE!, PROJECT NO. PW07-04 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: Thirteen Million Seven Hundred Eighty Thousand One Hundred Thirty Seven DOLLARS and Fifty CENTS ($ 13,780,137.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed three hundred twenty five (325) working days except plant establishment work and three hundred ninety five (395) working days including plant establishment work, 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. CONTRACT C-2 FVP PI - CITY SPECS 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 and Public Contract Code Section 10226, CONTRACTOR agrees to forfeit and pay to CITY the applicable sum listed in Section 8-1.07, "Liquidated Damages," of the Amendments to the Standard Specifications for each calendar day completion is delayed beyond the time allowed. An extension of time will be granted as specified in Section 8, "Prosecution and Progress," of the Standard Specifications as amended. 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 CONTRACT C-3 FVP PI - CITY SPECS 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 SUCCESSOR AGENCY TO THE 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 CONTRACT C-4 FVP PI - CITY SPECS 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 not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The CITY and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body 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. CONTRACT C-5 FVP PI - CITY SPECS 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 CONTRACT C-6 FVP PI - CITY SPECS IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Flatiron West, Inc. 1770 La Costa Meadows Drive San Marcos, CA 92078 (760) 916-9100 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: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney PB CONTRACT By: Chuck Washington, Mayor c7 FVP PI - CITY SPECS FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 56 2011-12 2015-16 $15,300 2013-14 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PHASE 1 Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and inter- change. The project will add a new southbound off -ramp from Interstate -15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate -15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and road- way improvements at the intersection of French Valley Parkway and Jefferson Avenue. Project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit: Project will improve traffic circulation by providing another southbound off -ramp from Interstate -15 and add a lane to the Interstate -15 southbound off -ramp to Winchester. Proiect Status: The plans, specifications, and estimates, are expected to be complete during fiscal year 2012. Construction is expected to be complete by the end of fiscal year 2013. Department: Public Works Account No. 210.165.719 Priority: 1 Project Cost: Actuals to Date 2011-12 2012-13 Future Total Project 2013-14 2014-15 2015-16 Years Cost Administration $ 353,949 $ 210,389 $ 200,000 $25,000 $ 789,338 Acquisition $2,256,952 $ 1,704,666 $ 160,830 $60,000 $35,000 $70,000 $ 3,961,618 Construction $18,200,000 $ 8,855,000 $ 27, 055, 000 Construction $ 444,203 $ 444,203 Engineering $ 2,000,000 $ 1,000,000 $ 3,000,000 Design $1,382,796 $ 648,303 $ 1,167, 801 $ 2,031,099 Environmental $ 15,000 $ 35,000 $35,000 $35,000 $70,000 $ 190,000 MS HCP $ 245,000 $ 245,000 Totals $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37, 272, 055 Source of Funds: Actuals to Date 2011-12 2012-13 Future Total Project 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 160,830 $60,000 $35,000 $70,000 $ 325,830 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 977,181 $ 724,369 $ 1,167, 801 $ 2,869,351 Reimbursement/Other (Murrieta Land Donation) $ 1,631,631 $ 1,631,631 TU M F (CETA P/ROTC) (1) $20,000,000 $ 8,761,369 $ 28, 761, 369 TU M F (ROTC) (2) $2,462,295 $ 2,462,295 TUMF (wRcoG)(3) $ 110,018 $ 667,358 $ 777,376 Total Funding: $3,993,697 $23,023,358 $10,090,000 $60,000 $35,000 $70,000 $ - $ 37, 272, 055 Future Operation & Maintenance Costs: 2012-13 2014-15 $15,000 $15,606 (1) TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No. 11-72-0036-00 in the amount of $20,000,000 to date. (2) TUMF (RCTC) - Funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $75,517,000 ($5,715,000 -ROW and $2,000,000- PS&E) . Phase 1 is $1,682,000 -ROW and $203, 784- PS&E - See also Phase 11. (3) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($1,165,000-PS&E) - See also Phase II. 57 Item No. 11 Approvals City Attorney Director of Finance City Manager 140 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 27, 2012 SUBJECT: Agreement for Environmental Consulting Services for Murrieta Creek Bridge and Overland Drive Extension, PW00-26 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: 1. Approve an agreement for environmental consulting services for Murrieta Creek Bridge and Overland Drive Extension, PW00-26 with Bonterra Consulting in the amount of $135,010; 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $13,501 which is equal to 10% of the total agreement amount. BACKGROUND: The design of the Murrieta Creek Bridge and Overland Drive Extension project is complete. In order to position the project for construction, the environmental document needs to be updated. In addition, the City will need to obtain the various environmental permits from the various resource agencies. On Friday, February 24, 2012, ten proposals were electronically posted and received on the City's online bidding service, Planet Bids. Staff reviewed the proposals and ranked the firms based on qualifications. The following is the final ranking of the firms based on the proposal received: 1. Bonterra Consulting 2. Rincon Consultants, Inc. 3. RBF Consulting, Inc. 4. AECOM 5. Environmental Science Associates 6. LSA Associates, Inc. 7. Recon Environmental, Inc. 8. Secutrac Engineering 9. Ecorp Consulting, Inc. 10. VCS Environmental Bonterra Consulting has public contracting experience and has successfully completed similar projects for the City of Temecula and other public agencies. Staff negotiated with Bonterra Consulting Inc. the appropriate scope of work and a reasonable fee to complete the environmental document for the subject project. The negotiated scope of work and fee schedule are attached to the agreement. FISCAL IMPACT: The Murrieta Creek Bridge and Overland Drive Extension project is identified in the Capital Improvement Program and Budget and is funded with Capital Project Reserves and Development Impact Fees (Street Improvements). Adequate funds are available in the project accounts to cover the agreement amount of $135,010 and the 10% contingency of $13,501 for a total amount of $148,511. ATTACHMENTS: Agreement for Environmental Services AGREEMENT FOR ENVIRONMENTAL CONSULTINGSERVICES BETWEEN THE CITY OF TEMECULA AND BONTERRA CONSULTING MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION, PW00-26 THIS AGREEMENT is made and effective as of March 27, 2012, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Bonterra 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. TERM This Agreement shall commence on March 27, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, Task to be Performed, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thirty -Five Thousand Ten Dollars and No Cents ($135,010) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Bonterra Consulting Attn: Amber Oneal 2 Execute Circle, Suite 175 Orange, CA 92614 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Bonterra Consulting (Two Signatures of corporate office's required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Joan Patronite Kelly, Managing Principal ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ann M. Johnston, Principal Bonterra Consulting Amber Oneal 2 Execute Circle, Suite 175 (714) 444-9199 (714) 444-9599 aoneal@bonterraconsulting.com PM Initials: 0 Date: EXHIBIT A Tasks to be Performed The specific elements of this service include: EXHIBIT B Payment Rates and Schedule ��q 2 Executive Circle, Suite 175 Irvine, CA 92614 C ONSULTING T: (714) 444-9199 F: (714) 444-9599 EXHIBIT A TASKS TO BE PERFORMED www.BonTerraConsulting.com BonTerra Consulting understands that the City of Temecula is proposing to extend Overland Drive from its current terminus near Enterprise Circle West and Commerce Center Drive across Murrieta Creek to Diaz Road. The Project includes the construction of a bridge over Murrieta Creek to establish this connection, as well as associated improvements to portions of Diaz Road. Project elements will include constructing concrete embankments, piers, slab approaches, a four lane roadway, and utility conduits for the bridge structure; and constructing curb and gutters, sidewalks, medians, storm drains, traffic signals, new and adjusted utility elements, and traffic lighting, signing, and striping for the extension of Overland Drive from Commerce Center Drive to Diaz Road and for the improvements to Diaz Road. BonTerra Consulting has reviewed the final plans that were included with the Request for Proposals and understands the nature of the Project as well as the biological, cultural, air quality, and regulatory issues that must be addressed during the completion of this contract. BonTerra Consulting has worked on numerous bridge, roadway, and other infrastructure projects of public works departments throughout Southern California, including the City of Temecula Public Works, and understands that our approach to completing the required tasks must emphasize problem solving while complying with project objectives, schedules, and agency requirements for impact minimization and mitigation measure development. BonTerra Consulting believes that discussions with the City of Temecula and agency staff should begin early during technical evaluations and documentation activities as an effective approach to understanding project needs and objectives; potential project impacts on biological, cultural, air, and jurisdictional waters and wetlands resources; avoidance and minimization opportunities during project construction as well as during long-term operation and maintenance of a specific facility; and the formulation of appropriate mitigation strategies. BonTerra Consulting also believes that an appropriate Task Leader should be present at all City meetings with agency staff. In consideration of this philosophy, our approach to completing the required work effort will emphasize regular coordination with City staff, agency staff, and representatives of entities responsible for project reviews and approvals to ensure that required tasks are completed on time, within budget, and in compliance with all project requirements. Documentation of Biological Assessments, Cultural Assessments, and Air Quality Analyses will include assessments of primary and secondary impacts and mitigation measure development in compliance with CEQA and City of Temecula guidelines. Regulatory Permitting will be performed in compliance with USACE, CDFG, RWQCB, and Riverside County requirements for authorizing projects that will impact State and federal jurisdictional resources. BonTerra Consulting will coordinate with the City of Temecula regarding any issues or questions that arise to ensure that the decisions made are consistent with both the City's project objective and agency requirements. A description of each of the tasks required for the Biological Assessments, Cultural Assessments, Air Quality Analyses, and Regulatory Permitting work efforts is provided below. Note that the names of assigned staff members are listed for each task; as noted above, Ms. Johnston will provide Principal -level review and quality control for this contract, and Ms. Oneal will be responsible for overseeing the completion of all tasks in compliance with project schedules and budgets. ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT EXHIBIT A TASKS TO BE PERFORMED (Continued) Biological Assessment Task 1. Habitat Assessment Assigned Staff.. Ann Johnston, Amber Oneal, Allison Rudalevige A Habitat Assessment consistent with guidelines set forth in the Western Riverside MSHCP will be conducted for the Project site. The habitat assessment will include a one -day field visit performed by biologists to map the vegetation and describe the current conditions on the Project site. Any notable biological resources observed will be mapped on an aerial photograph. The Project site will be assessed for the presence of Riparian/Riverine resources (including associated species), vernal pool habitat, urban/vuildlands interface issues, USAGE and CDFG jurisdictional resources, and potential for burrowing owl. The Project site will also be evaluated for the criteria identified for protection within MSHCP Criteria Cells 6783 and 6890. A Letter Report will be written to describe the results of the habitat assessment following completion of the survey and will include seven graphics developed in compliance with the Riverside County Biological Reporting Guidelines. The report will include (1) the methodology used to conduct the survey; (2) a general description of the existing vegetation types and associated wildlife resources on the Project site; (3) potential primary and secondary impacts from project development; (4) a discussion of implications of impacting Criteria Cells 6783 and 6890 and the Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process; and (5) recommendations to reduce identified impacts to less than significant levels based on MSHCP guidelines. This scope assumes one draft and one final version of the Letter Report will be submitted in .pdf format. Additional revisions to the report will require a budget augment. Any special status species observed will be reported to the CDFG's California Natural Diversity Database (CNDDB). Task 2. Determination of Biologically Equivalent or Superior Preservation Report Assigned Staff. Ann Johnston, Gary Medeiros, Amber Oneal, Allison Rudalevige A DBESP report will be prepared to address project impacts on Riparian/Riverine resources (and associated species), impacts on Criteria Cells 6783 and 6890, Public/Quasi-Public lands, and burrowing owl (if needed). As such, a HANS application must be submitted to the Environmental Programs Department (EPD) prior to initiating technical studies. The portion of the Project site within Murrieta Creek is within MSHCP Public/Quasi-Public lands. The report will include the following: (1) an introduction; (2) a description of the proposed Project; (3) a summary of biological studies and resource mapping of the Project site; (4) a demonstration of the infeasibility of avoidance; (5) a quantification of unavoidable impacts; (6) mitigation/conservation measures; and (7) biologically equivalent or superior alternative conclusion and determination. This task assumes one version of the DBESP report will be submitted in .pdf format. If additional revisions are required, they will be billed from Task 3 below. Task 3. Riverside Conservation Authority Coordination Assigned Staff. Amber Oneal, Gary Medeiros BonTerra Consulting will use up to 40 hours attending meetings (including preparation for the meeting and follow up) and corresponding with the City and the regulatory agencies related to the DBESP. This task also includes revising the DBESP based on agency comments or generating additional information requested by the agencies during the DBESP consultation. Any time beyond this effort will require a budget augment. Page 2 EXHIBIT A TASKS TO BE PERFORMED (Continued) Regulatory Agency Permitting Task 4. Jurisdictional Delineation Assigned Staff. Ann Johnston, Gary Medeiros, Allison Rudalevige BonTerra Consulting will perform a jurisdictional delineation to determine the type and extent of USAGE jurisdictional "waters of the U.S.", including wetlands (if present), and/or CDFG "waters of the State" Wthin the boundaries of the Project site. The Project site is defined as the ultimate limits of project disturbance, including grading and any other construction -related activity and fuel modification requirements that involve temporary and/or permanent ground/vegetation disturbances that can be characterized as dredge or fill within "waters of the U.S.", including wetlands, and/or "waters of the State". The City of Temecula will provide digital files (in CAD or GIS) of the proposed Project's permanent and temporary disturbance areas to BonTerra Consulting to be used for impact analysis. The City of Temecula will also provide BonTerra Consulting with digital files showing existing topographic contour data (at two -foot intervals if available). This topographic and project impact data will be used in conjunction with digital color aerial photography to make field maps for the jurisdictional delineation. The delineation will define the USACE jurisdictional boundaries based on the ordinary high water mark(s) (OHWM[s]) on the Project site and ‘mill indicate the presence of any adjacent wetlands not within the jurisdictional OHWM. The presence or absence of wetlands will be verified through the determination of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to USAGE guidance documents. The limits of CDFG jurisdiction generally extend from the top of bank to the top of bank along the channel/drainage, or to the outer limits of riparian vegetation (outer dripline), whichever is greater. Any special status species observed will be reported to the CNDDB. The jurisdictional delineation will include the performance of a California Rapid Assessment Method (CRAM) survey for the Project in compliance with USAGE and RWQCB requirements. The CRAM is a wetland monitoring tool that was developed in response to a monitoring framework recommended by the U.S. Environmental Protection Agency to help states meet monitoring requirements stated in the Federal CWA. Personnel from the USAGE, CDFG, and the RWQCB, among other agencies participated in the development of CRAM, and it is an accepted assessment tool by these agencies. CRAM scores result from the evaluation of four equally weighted attributes: (1) buffer and landscape context, (2) hydrology; (3) physical structure; and (4) biotic structure. A final score is calculated and used to provide a relative measurement to indicate how an individual site (project impact areas) compares to the best achievable conditions. The CRAM score would then be used to determine appropriate mitigation requirements for impacts to jurisdictional waters and wetlands within the Project site and as a baseline for use in the development/revisions of the mitigation program through restoration or creation, if required by regulatory agencies during the permitting process. A Jurisdictional Delineation report will be prepared to (1) assist the Project team in minimizing impacts to jurisdictional areas or provide construction methods that will maximize the potential for the preparation of an individual or nationwide permit if project impacts fit within the established threshold for this permit authorization; (2) provide the jurisdictional information necessary for the supporting documentation; and (3) support the request for subsequent USACE, CDFG, and RWQCB permit applications. This scope assumes one draft and one final version of the Jurisdictional Delineation report will be submitted in .pdf format. Task 5. Pre -Application Meeting Assigned Staff. Gary Medeiros, Amber Oneal The primary purpose of a pre -application meeting is to obtain concurrence with the Jurisdictional Delineation Report in terms of delineation coverage and interpretation of the type and extent of jurisdictional resources that may be temporarily and/or permanently affected by the Project. This meeting offers an opportunity for the City of Temecula and their consultant team to provide a project overview to the resource agencies, to solicit comments from the agencies concerning possible avoidance and minimization measures; and to discuss proposed mitigation to offset impacts to jurisdictional resources that would result from project implementation. BonTerra Consulting will schedule Page 3 EXHIBIT A TASKS TO BE PERFORMED (Continued) and conduct a pre -application meeting with the appropriate USAGE, CDFG, and RWQCB representatives and the City of Temecula to review the Project site conditions, the proposed Project, the project impacts, and the Jurisdictional Delineation Report. It should be noted that the report would be transmitted to all meeting attendees prior to the pre -application meeting. At the conclusion of the pre -application meeting, BonTerra Consulting will request formal approval of the Jurisdictional Delineation Report from the USAGE and the CDFG. The USAGE has a new procedure for approving a Jurisdictional Delineation Report and the final written approval may take between 30 and 60 days. Task 6. USACE Section 404 Permit Application Assigned Staff: Gary Medeiros, Allison Rudalevige BonTerra Consulting will prepare and submit a permit application to the USAGE, following review and approval of the application by the City of Temecula, to satisfy the requirements of Section 404 of the CWA. Included in this task is the preparation of either a Preliminary Jurisdictional Determination form or an Approved Jurisdictional Determination form. The USACE permit requires the preparation and submittal of an RWQCB Section 401 Water Quality Certification for the completion of the Section 404 Permit. Therefore, this proposal includes these tasks, as described below in the Section 401 Certification task. Task 7. CDFG Section 1602 Permit Application Assigned Staff: Gary Medeiros, Allison Rudalevige A CDFG Section 1602 Permit application for Streambed Alteration (also known as a Streambed Alteration Agreement) will be prepared and submitted to the CDFG following review and approval of the application by the City of Temecula. The submittal package will include (1) Form FG 2023; (2) a vicinity map; (3) the project description; (4) a jurisdictional delineation map; and (5) site photos. This task does not include the permit filing fee. Task 8. RWQCB Section 401 Certification Assigned Staff: Gary Medeiros, Allison Rudalevige A Section 401 CWA Water Quality Certification application will be prepared and submitted to the San Diego RWQCB following review and approval by the City of Temecula. This certification is necessary prior to the USAGE concurring With discharges of fill material under the USACE Section 404 permit process. BonTerra Consulting will work with the City of Temecula and the Project Engineer to identify appropriate construction and post -construction Best Management Practices. This task does not include the permit filing fee. Task 9. Resource Agency Permit Processing Assigned Staff: Gary Medeiros, Amber Oneal Regulatory services will include processing of the USAGE, the CDFG, and the RWQCB permits including preparation of correspondence and telephone calls between BonTerra Consulting, the City of Temecula, and resource agency staff assigned to process the permit. These services also include any meetings with the assigned regulatory agency staff, the City of Temecula, and the Project Engineer during the review process. Since it is difficult to anticipate all the processing requirements, a total of 70 hours is included in this Scope of Work for these coordination tasks. If this amount is exceeded due to the USACE's and CDFG's requirements to identify appropriate mitigation associated with project impacts, a budget augment will be requested. Page 4 EXHIBIT A TASKS TO BE PERFORMED (Continued) Task 10. Develop Habitat Mitigation and Monitoring Program Assigned Staff: Ann Johnston, Melissa Howe, Richard Lewis BonTerra Consulting wiII identify mitigation options that provide compensatory mitigation for project impacts to jurisdictional/riparian resources. Mitigation options may include one or more of the following: habitat creation; habitat restoration/enhancement; and/or participation in an off-site in -lieu fee program. In order to identify mitigation options, the following documents and studies will be reviewed, as appropriate: (1) all available ownership information; (2) all available hydrological studies, biological studies, wetlands jurisdictional data, and geological studies; and (3) existing land use and ownership maps. If habitat restoration, creation, and/or enhancement is proposed as mitigation, BonTerra Consulting will perform a field evaluation of all potential sites; this will include an assessment of existing native vegetation, soils, weed establishment, topography, slope aspect, existing hydrology, and existing land uses within and adjacent to the potential site. BonTerra Consulting will recommend any additional studies/tests (such as soils testing) necessary to determine site suitability. This task includes the performance of up to two full-day site visits at potential mitigation sites. BonTerra Consulting will develop a mitigation proposal in consultation with the City of Temecula to be used in early consultation with the USAGE, the CDFG, and the RWQCB. The mitigation proposal will consist of a brief email that can be forwarded to the regulatory agencies. The email will summarize the proposed mitigation concept; will include an exhibit that shows the general boundaries and location of proposed mitigation sites; and will include up to three exhibits that provide photo -documentation of proposed mitigation sites (if appropriate). Once approved by both the City and the regulatory agencies, the proposed mitigation approach will be used as the basis for developing a detailed HMMP, as described below. If the approved mitigation concept includes habitat restoration, creation, andior enhancement, BonTerra Consulting will develop an HMMP that describes strategies to offset the loss of riparian habitat under the jurisdiction of the CDFG, the USAGE, and the RWQCB. The HMMP will follow USAGE mitigation guidelines; it will address all applicable conditions in project regulatory permits and environmental documentation; and it will be based on the approved mitigation concept described above. Function -based success criteria will be developed for the mitigation area using the data collected during the CRAM evaluation performed during the jurisdictional delineation (see Task 4 above). Success criteria wiII include a target landscape buffer as well as hydrological, physical, and biotic functions that can be compared to site conditions within the mitigation site as a means of determining program success during the long-term monitoring program. The mitigation program will address the establishment of riparian habitat at the approved location to mitigate for the loss of jurisdictional areas and will include (1) a summary of the proposed compensatory mitigation program; (2) guidelines for performing long-term site maintenance activities; and (3) guidelines for performing long-term monitoring activities. The HMMP v)All include detailed information regarding site -preparation methods, plant species palettes, plant establishment methods, biological resources protection, and CRAM -based performance standards. BonTerra Consulting is not responsible for securing access permission to any existing utility easements and/or rights-of-way for mitigation areas. This Scope of Work includes two rounds of minor document revisions, including minor text clarifications; correction of erroneous information; minor refinements to proposed planting palettes and implementation methodologies (installation, maintenance and monitoring); and minor updates to exhibits. BonTerra Consulting will submit the final HMMP in .pdf format to the City of Temecula for in-house use and subsequent submittal to the resource agencies. BonTerra Consulting Will attend meetings with the City of Temecula, regulatory agency staff, and other project team members to discuss the proposed mitigation program and to review proposed mitigation sites (if appropriate). This work effort assumes attendance at two meetings and associated preparation and coordination tasks. This Scope of Work assumes that access permission for any existing utility easements and/or rights -of -ways for mitigation areas will be obtained by other project consultants. This Scope of Work does not include performing a water budget analysis, Page 5 EXHIBIT A TASKS TO BE PERFORMED (Continued) groundwater testing, or soils testing at proposed mitigation sites. If it becomes necessary for BonTerra Consulting to identify an alternative reference site (in addition to the impact site), a budget augment will be requested. Task 11. Riverside County Flood Control and Water Conservation District Encroachment Permit Application Assigned Staff: Gary Medeiros, Allison Rudalevige An Encroachment Permit application for the Riverside County Flood Control and Water Conservation District (RCFCWCD) will be prepared and submitted to the City of Temecula for review and approval. The submittal package v+nll include (1) a signed application form; (2) a completed Encroachment Permit checklist with all applicable items attached; (3) plans for the proposed work (to be provided by the City of Temecula); (4) a copy of the approved and filed CEQA document (to be provided by the City of Temecula); (5) proof of compliance with the MSHCP; (6) proof of National Pollutant Discharge Elimination System (NPDES) compliance (to be provided by the City of Temecula); (6) hydrology and hydraulic calculations (to be provided by the City of Temecula); (7) copies of permits and authorizations from the CDFG, the USACE, and the RWQCB; and (8) the permit application fee. Note that processing time for a typical encroachment permit is approximately 30 working days. The cost estimate for this task does not include the permit filing fee. Air Quality Analysis Task 12. Air Quality Analysis Assigned Staff: Ann Johnston, James Kurtz BonTerra Consulting wiII analyze the proposed Project's air quality and GHG emission impacts according to Appendix G of the CEQA Guidelines, significance criteria established by the South Coast Air Quality Management District (SCAQMD), and City of Temecula criteria. BonTerra Consulting will visit the Project site to identify sensitive air quality receptors and existing pollutant emissions sources in the vicinity. BonTerra Consulting will estimate the emissions of criteria pollutants and GHG using the following methodologies: • Roadway widening and bridge construction — Road Construction Model.' • Building demolition and other non -road, non -bridge construction — California Emission Estimator Model (Cal EEMod).2 • Operational (post -construction) impacts — current version of the EMFAC 20113 estimating the change in anticipated vehicle miles traveled (VMT) and average speed. BonTerra Consulting considers each of the above models to be the appropriate tool for the required project elements, as discussed in Section D, `Additional Information', of this proposal. Potential criteria pollutant impacts to local receptors during the construction phase of the Project will be assessed using the SCAQMD Localized Significance Thresholds methodology. BonTerra Consulting wiII coordinate with the City Traffic Engineer to (1) obtain project traffic data; (2) agree on vehicle speed and VMT factors to be used for the operational impact analysis; and (3) estimate the potential for carbon monoxide impacts to local receptors at congested intersections. The air quality analysis will include qualitative discussions of toxic air pollutant impacts from construction equipment diesel particulate emissions and consistency of the Project with the applicable air quality management plans. 1 The Road Construction Model is published and maintained by the Sacramento Metropolitan Air Quality Management District and is applicable to construction projects throughout California. 2 CaIEEMod was developed by the Environ Corporation in conjunction with SCAQMD and other air districts throughout the State. 3 EMFAC 2011 is the on -road vehicle emissions model developed by the California Air Resources Board. Page 6 EXHIBIT A TASKS TO BE PERFORMED (Continued) As there are currently no applicable quantitative significance criteria for GHG emissions for transportation projects, BonTerra Consulting will consult with City staff to obtain their concurrence in using criteria that have been recommended by SCAQMD for non -transportation projects or criteria used by the City on recent projects. Significance will also be assessed by considering whether implementation of the Project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. If potential significant impacts are identified, mitigation will be recommended to reduce pollutant emissions. BonTerra Consulting will provide the results of the air quality and GHG analyses in a single technical report in .pdf format. The report will include descriptions of existing air quality and applicable regulations and policies; the results of the analyses described above, including a determination of the level of significance of identified primary and secondary impacts in accordance with CEQA and City guidelines and criteria; and a discussion of appropriate mitigation measures for primary and secondary project impacts. BonTerra Consulting will revise the report based on comments received by the City of Temecula. Our Scope of Work includes the following assumptions: • No dispersion modeling will be required for the air quality analysis. • There are no Caltrans or Clean Air Act Transportation Conformity requirements for the Project. Cultural Resources Services Task 13. Cultural Resources Assessment Assigned Staff. Ann Johnston, Patrick Maxon, David Smith, Mark Roeder It is understood that this Project has a federal nexus through a USAGE 404 Permit under the CWA; therefore, CEQA as well as Section 106 of the National Historic Preservation Act standards must be followed. A Phase I study will be completed that is designed to assess the Project area's potential for containing cultural and paleontological resources; to search for any resources that may exist on the Project area's surface; and to provide management recommendations for considering cultural resources as the Project moves forward. The study will include cultural and paleontological records searches; Native American scoping and a Sacred Lands File search; a pedestrian field survey of the proposed Project area; and a technical report of findings with management recommendations. The archaeological and paleontological records searches will be undertaken at the Eastern Information Center located at the University of California, Riverside and the Natural History Museum of Los Angeles County, respectively. Native American scoping will be initiated at the Native American Heritage Commission (NAHC) and will include consultation with local Native American groups listed by the NAHC and coordination with the Pechanga Band of Luiseno Indians to develop a management plan to address any archaeological resources discovered during project construction. The field survey, which will include at least one member of the Pechanga Band of Luiseno Indians, wiII consist of walking the Project site while examining the surface for exposed cultural resources and assessing the site's potential for the presence of buried resources. The technical report will be written in compliance with CEQA and Section 106 of the National Historic Preservation Act guidelines, as well as City of Temecula criteria. The report will include a discussion of study findings, including a determination of the level of significance of identified primary and secondary impacts in accordance with CEQA and City guidelines and criteria and a discussion of appropriate mitigation measures for primary and secondary project impacts. Please note that, since the nature of resources that may exist on the Project site is unknown at this time, the budget listed in the Cost Proposal does not include impact analysis and mitigation measure development for resources that may be identified during the study (including the field survey). If resources are identified during the field survey, an augment to this budget may be necessary to evaluate the resources' eligibility for listing on the California Register of Historical Resources and/or the National Register of Historic Places. Results of such evaluative studies will be Page 7 EXHIBIT A TASKS TO BE PERFORMED (Continued) included in the technical report and mitigation measures will be developed to reduce the impacts of the Project to below a significant level. The report will be in .pdf format. Optional Tasks Based on a preliminary review of aerial images of the site, BonTerra Consulting has included optional tasks for focused surveys for special status plant species not covered by the MSHCP and least Bell's vireo since both surveys will likely be needed. If the Habitat Assessment determines that suitable habitat for these species is not present on the Project site, these surveys will not be conducted. If the Habitat Assessment identifies suitable habitat for other species associated with Riparian/Riverine resources and/or vernal pools (e.g., southwestern willow flycatcher and/or fairy shrimp) or burrowing owl, recommendations would be made in the Habitat Assessment and a budget augment will be requested. Optional Task A. Special Status Plant Surveys (Optional) Assigned Staff: Ann Johnston, Amber Oneal, Robert Allen, Allison Rudalevige Focused surveys for special status plant species not covered by the MSHCP will be conducted on the Project site. Surveys will be conducted during the appropriate blooming periods for each of the plants with potential to occur on the Project site; blooming periods vary depending on rainfall and temperature. Therefore, reference populations will be monitored to determine the appropriate survey time (generally between March and July). Since blooming periods for special status species typically overlap, one early spring and one late spring survey can be conducted to cover all desired species. The focused surveys will cover all potentially suitable habitats on the Project site. If any special status plant species are found, the location of each population will be mapped and voucher specimens will be collected and deposited in an appropriate herbarium to ensure the accuracy of the identification. Botanists conducting the surveys will have the required collecting permit for the collection of any State -listed species. Upon completion of the survey effort, a Letter Report will be prepared on the survey findings. The Letter will include a methods and results section with locations and descriptions of any special status plant species found. This Scope of Work assumes one version of the Letter Report will be submitted in .pdf format. Any special status species observed will be reported to the CNDDB. Optional Task B. Least Bell's Vireo Surveys (Optional) Assigned Staff: Ann Johnston, Amber Oneal, Lindsay Messett, Allison Rudalevige Focused surveys for the least Bell's vireo will be conducted within all suitable riparian habitat present on the Project site to determine the presence or absence of this species. Surveys for the least Bell's vireo will follow the survey protocol recommended by the USFWS. This requires that a total of eight surveys be conducted at approximately ten-day intervals starting after April 10 and ending by July 31. The surveys will be performed during appropriate weather conditions. If this species is detected by visual or auditory means, information pertaining to sex, age, reproductive status, and habitat will be recorded. If nesting is believed to be occurring, the Biologist will try to ascertain the general location of the nest without approaching or disturbing the nest. Upon completion of the survey effort, a Letter Report will be prepared on the survey findings. The Letter will include methods and results sections with locations and descriptions of special status species observed. A copy of the report will be submitted to the USFWS within 45 days of completion of surveys. This Scope of Work assumes one version of the Letter Report will be submitted in .pdf format. Any special status species observed will be reported to the CNDDB. Page 8 jaenk-e-"of 2 Executive Circle, Suite 175 Irvine, CA 92614 C ONSULTING EXHIBIT B T: (714) 444-9199 F: (714) 444-9599 www.BonTerroConsulting.com PAYMENT RATE AND SCHEDULE Title Rate Hours Total Biological Assessment Task 1. Habitat Assessment Project Director $200.00 2 $400.00 Project Manager $130.00 6 $780.00 Biologist/Regulatory Technician $95.00 14 $1,330.00 Biologist $90.00 25 $2,250.00 GIS Specialist $90.00 16 $1,440.00 Technical Editor :0.00 4 $320.00 Administrative Assistant $70.00 8 $560.00 Subtotal Task 1 $7,080.00 Task 2. Determination of Biologically Equivalent or Superior Preservation Report Project Director $200.00 1 $200.00 Regulatory Services Manager $180.00 6 $1,080.00 Project Manager $130.00 20 $2,600.00 Biologist/Regulatory Technician $95.00 40 $3,800.00 GIS Specialist $90.00 6 $540.00 Technical Editor ":0.00 4 $320.00 Administrative Assistant $70.00 7 $490.00 Subtotal Task 2 $9,030.00 Task 3. Riverside Conservation Authority Coordination Regulatory Services Manager $180.00 20 $3,600.00 Project Manager $130.00 20 $2,600.00 GIS Specialist $90.00 4 $360.00 Administrative Assistant $70.00 8 $560.00 Subtotal Task 3 $7,120.W Regulatory Agency Permitting Task 4. Jurisdictional Delineation Project Director $200.00 1 $200.00 Regulatory Services Manager $180.00 8 $1,440.00 Project Manager $130.00 3 $390.00 Biologist/Regulatory Technician $95.00 27 $2,565.00 Biologist $90.00 5 $450.00 GIS Specialist $90.00 12 $1,080.00 Technical Editor :0.00 4 $320.00 Administrative Assistant $70.00 7 $490.00 Subtotal Task 4 $6,935.00 Alma ENVIRONMENTAL PLANNING RESOURCE MANAGEMENT EXHIBIT B PAYMENT RATE AND SCHEDULE (Continued) Title Rate Hours Total Task 5. Pre -application Meeting Regulatory Services Manager $180.00 8 $1,440.00 Project Manager $130.00 8 $1,040.00 Administrative Assistant $70.00 10 $700.00 Subtotal Task 5 $3,180.00 Task 6. USACE Section 404 Permit Application Regulatory Services Manager $180.00 8 $1,440.00 Biologist/Regulatory Technician $95.00 20 $1,900.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 5 $350.00 Subtotal Task 6 $4, 210.00 Task 7. CDFG Section 1602 Permit Application Regulatory Services Manager $180.00 8 $1,440.00 Biologist/Regulatory Technician $95.00 18 $1,710.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 6 $420.00 Subtotal Task 7 $4,090.00 Task 8. RWQCB Section 401 Certification Regulatory Services Manager $180.00 8 $1,440.00 Biologist/Regulatory Technician $95.00 20 $1,900.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 5 $350.00 Subtotal Task 8 $4,210.00 Task 9. Resource Agency Permit Processing Regulatory Services Manager $180.00 58 $10,440.00 Senior Project Manager $130.00 10 $1,300.00 GIS Specialist $90.00 8 $720.00 Administrative Assistant $70.00 16 $1,120.00 Subtotal Task 9 $13,580.00 Task 10. Habitat Mitigation and Monitoring Program Project Director $200.00 1 $200.00 Sr. Restoration Ecologist $180.00 20 $3,600.00 Restoration Ecologist $125.00 106 $13,250.00 GIS Specialist $95.00 15 $1,425.00 Technical Editor $80.00 12 $960.00 Administrative Assistant $70.00 11 $770.00 Subtotal Task 10 $20,205.00 Task 11. RCFCWCD Encroachment Permit Application Regulatory Services Manager $180.00 8 $1,440.00 Biologist/Regulatory Technician $95.00 18 $1,710.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 10 $700.00 Subtotal Task 11 $4,370.00 BonTerra Consulting February 24, 2012 Page 2 EXHIBIT B PAYMENT RATE AND SCHEDULE (Continued) Title Rate Hours Total Air Quality Analysis Task 12. Air Quality Analysis Project Director $200.00 2 $400.00 Director Air Quality/Noise $200.00 38 $7,600.00 GIS Specialist $90.00 3 $270.00 Technical Editor $80.00 6 $480.00 Administrative Assistant $70.00 6 $420.00 Subtotal Task 12 $9,170.00 Cultural Assessment Task 13. Cultural Resources Assessment Project Director $200.00 2 $400.00 Cultural Resources Manager $130.00 44 $5,720.00 Paleontologist $100.00 6 $600.00 Archaeologist $90.00 10 $900.00 GIS Specialist $95.00 3 $285.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 8 $560.00 Subtotal Task 13 $8,625.00 Subtotal Tasks 1 to 13 $101,805.00 Direct Costs Document ProductionlDeliveries $925.00 Mileage $700.00 Maps/Aerials $250.00 CNDDB/MSHCP $150.00 Records Search $800.00 Subtotal Directs $2,825.00 TOTAL TASKS 1-13 $104,630.00 OPTIONAL TASKS Optional Task A Special Status Plant Surveys Project Director $200.00 1 $200.00 Project Manager $130.00 2 $260.00 Botanist $125.00 30 $3,750.00 Biologist $90.00 2 $180.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 7 $490.00 Subtotal Optional Task A $5, 400.00 Direct Costs Document Production/Deliveries $100.00 Mileage $155.00 Maps/Aerials $50.00 Subtotal Directs $305.00 Total Optional Task A $5, 705.00 BonTerra Consulting February 24, 2012 Page 3 EXHIBIT B PAYMENT RATE AND SCHEDULE (Continued) Title Rate Hours Total Optional Task B. Least Bell's Vireo Surveys Project Director $200.00 1 $200.00 Project Manager $130.00 4 $520.00 Wildlife Biologist $110.00 68 $7,480.00 Biologist $90.00 2 $180.00 GIS Specialist $90.00 4 $360.00 Technical Editor $80.00 2 $160.00 Administrative Assistant $70.00 5 $350 00 Subtotal Optional Task B $9, 250.00 Direct Costs Document Production/Deliveries $100.00 Mileage $625.00 Maps/Aerials $50.00 Subtotal Directs $775.00 Total Optional Task B $10,025.00 BonTerra Consulting February 24, 2012 Page 4 EXHIBIT B PAYMENT RATE AND SCHEDULE (Continued) SCHEDULE OF WORK Task Dates The City of Temecula issues Fully Executed (FE) Agreement March 27, 2012 Biological Assessment Task 1. Habitat Assessment Perform field surveys March 30, 2012 Submit Report April 20, 2012 Report Revisions Within 2 weeks of receipt of comments Task 2. Determination of Biologically Equivalent or Superior Preservation Report Submit Report 4 weeks following completion of final HMMP Report Revisions Within 2 weeks of pre -application meeting Task 3. Riverside Conservation Authority Coordination May 28, 2012 to permit issuance Regulatory Agency Permitting Task 4. Jurisdictional Delineation Perform field surveys March 30, 2012 Submit Report April 20, 2012 Report Revisions Within 2 weeks of receipt of comments Task 5. Pre -Application Meeting TBDa Task 6. USAGE Section 404 Permit Application Draft application April 20, 2012 Submit application to agency Within 2 weeks of receipt of comments Process form with USACE Approximately 4 months from date of application submittal Task 7. CDFG Section 1602 Permit Application Draft application April 20, 2012 City provides permit filing fee Prior to April 20, 2102 Submit application to agency Within 2 weeks of receipt of comments Process form with CDFG Approximately 90 calendar days to from date of application submittal. Task 8. RWQCB Section 401 Water Quality Certification Draft application April 20, 2012 City provides permit filing fee Prior to April 20, 2102 Submit application to agency Within 2 weeks of receipt of comments Process form with RWQCB Approximately 4 to 6 months from date of application submittal. Task 9. Resource Agency Permit Processing See Tasks 4 to 8 Task 10. Habitat Mitigation and Monitoring Program Identify mitigation concept June 13, 2102b (approximate) Submit draft mitigation program July 31, 2012b (approximate) Comments received from City TBD Submit final mitigation program to agencies Submittal of final approved mitigation program is typically required within 30 to 60 days from date f final 404 and 1600 permits/authorizations Task 11. Riverside County Flood Control and Water Conservation District Encroachment Permit Application Draft application TBD based on completion of checklist items, Submit application to agency Within 2 weeks of receipt of comments Process form with Riverside County 45 days from date of submittal BonTerra Consulting February 24, 2012 Page 5 EXHIBIT B PAYMENT RATE AND SCHEDULE (Continued) Task Dates Air Quality Analyses Task 12. Air Quality Analysis Submit Report April 24, 2012 Report Revisions Within 2 weeks of receipt of comments Cultural Resources Services Task 13. Cultural Resources Assessment Submit Report April 24, 2012 Report Revisions Within 2 weeks of receipt of comments Optional Tasks Optional Task A. Special Status Plant Surveys Perform early spring surveys March to April, 2012 Perform late spring surveys May to June, 2012 Submit Report July 31, 2012 Optional Task B. Least Bell's Vireo Surveys Perform surveys April 10 to July 31, 2012 Submit Report One month following completion of surrey The pre -application meeting will be scheduled at the convenience of the City, the USAGE, the CDFG, and the RWQCB. b The identification of a suitable mitigation site will depend on the availability of suitable open space area owned by the City or other entities, or in -lieu fee programs that meet the approval of the resource agencies. This schedule assumes that BonTerra Consulting has received final CEQA documents, final plans, and other checklist items required for the application. BonTerra Consulting February 24, 2012 Page 6 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of March 13, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Stephen Eldred CSD CONSENT CALENDAR 10 Action Minutes — Approved staff recommendation (3-0-2, Directors Naggar and Roberts absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with Directors Naggar and Roberts absent. 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 At 8:09 P.M., the Temecula Community Services District meeting was formally adjourned to 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] TCSD DEPARTMENTAL REPORT Item No. 13 Approvals City Attorney Director of Finance City Manager TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: March 27, 2012 SUBJECT: Community Services Department Monthly Report PREPARED BY: Gail Zigler, Administrative Assistant RECOMMENDATION: Receive and file. BACKGROUND: The following provides an overview of the Community Services Department's programs, activities and events: The Community Services Department successfully programmed the Stephen Siller Tunnel to Towers Foundation benefit concert featuring the Lt. Dan Band (Gary Sinise) to benefit triple amputee Marine Veteran Juan Dominguez. The concert which was held on March 1, 2012 played to a sold out audience and was deemed a very successful event. The Recreation Division is currently programming for the Annual Teen Egg Hunt, the Easter Egg Hunts, the Community Services Department Expo event and 4"' of July festivities. Both the Spring Rod Run and the Bluegrass Festival were held this month. These events attract thousands of visitors both locally and regionally. Both events were very successful. Upcoming Old Town events for the month of April include the Reality Rally and Taste of Temecula. The Human Services Division held the Innovation and Technology Fair in conjunction with Abbott Vascular. This event had over 100 entries from Temecula area youth and was hosted at Abbott Vascular. The event was very successful and is planned as an annual event. In addition, the Human Services Division is busy preparing for the College Fair, and programming a variety of classes and activities for Temecula's youth and the Special Needs community. The Cultural Arts Division is planning and programming a Cinco de Mayo Festival to be held on Saturday, May 5, 2012 at the Temecula Duck Pond from 1lam to 3pm. This event is free and will include music, dance, food, crafts and games in recognition of the Mexican Independence Day. The Cultural Arts Division hosted an artist reception at the Gallery at the Merc on Friday, March 2, 2012. The show features the works of local artist Jack Ragland. Mr. Ragland paints in both oil and acrylic and his works encompass landscapes, figures, animals and florals. Mr. Ragland's work is currently on display at the Gallery at the Merc and the Temecula Public Library. On April 6, 2012 an artist reception is planned and will feature the work of renowned landscape photographer Walter Santos and the music of flamenco guitarist Anthony Garcia. The event will be held from 5:OOpm to 7:30pm at the Gallery at the Merc in the Old Town Temecula Community Theater and is free to the general public. The Temecula History Museum currently has on display an exhibit entitled "Tools of the Trade", and is preparing for an upcoming exhibit about Temecula's wine country. Also, the Temecula History Museum is coordinating the youth History Writing Contest. DEPARTMENTAL REPORTS Item No. 14 Approvals City Attorney Director of Finance City Manager 700 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Development DATE: March 27, 2012 SUBJECT: Planning Department Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of February, 2012. CURRENT PLANNING ACTIVITIES New Cases The Division received 59 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of February. Special Protects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital- This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, cut/fill operations began on June 21, 2011, and import operations began on June 30, 2011 and have been completed. The applicant obtained their 401 Permit from the Regional Water Quality Control Board on September 26, 2011, their 404 Permit from Army Corps on September 30, 2011, and clearance from the California Department of Fish and Game on August 1, 2011. With these permits the applicant was able to complete the mass grading of the entire site. Precise grading for the first hospital tower pad is completed. UHS obtained foundation plan approval from OSHPD for the first hospital bed tower on October 18, 2011, and construction of the building footings and pilings has begun. Vertical construction (erection of structural steel) for the first hospital bed tower began on February 13, 2012 and erection of the structural steel is scheduled for completion in late March, 2012, at which time the concrete deck for each floor will be poured. A sign program for the hospital campus was submitted on March 6, 2012 and is currently being reviewed by staff. (FISK) • The Green House Gas (GHG) Emissions Inventory— The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Work on the emissions inventory is anticipated to begin again with the assistance of the Western Riverside Energy Leadership Partnership. The City entered into the Partnership in 2010. The Partnership provides performance-based SCE's programs and incentives for participating cities to demonstrate energy efficiency leadership within their communities through energy saving actions, including retrofitting and implementing measures at municipal facilities, GHG emissions analysis, energy action plans, as well as providing opportunities for the community to take action in their homes and businesses. Work on the GHG emissions analysis is anticipated to being in the first quarter of 2012. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The three applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WESTIWEAVER) • Liberty Quarry—On August 31, 2011, and after 6 lengthy meetings, the County of Riverside Planning Commission denied Granite Construction's Liberty Quarry proposal for a Surface Mining Permit, Change of Zone, and Noise Ordinance Exception and did not certifythe EIR. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City, the Pechanga Band of Luiseno Indians and SDSU continue to collaborate in common efforts to oppose Liberty Quarry. Granite Construction submitted an appeal to override the County Planning Commission's denial and, on appeal by Granite Construction, the County Board of Supervisors conducted two lengthy hearings on January 30, 2012 and February 6, 2012. Elected Officials including the Mayor and Council from the City of Temecula as well as Pechanga and other Indian Tribal Chairs and Council spoke on January 30, 2012. Supporting and opposing testimony continued thereafter including the City of Temecula's technical experts. Two additional hearing dates were held on February 14, 2012 and February 16, 2012. At the February 16 meeting, the Board of Supervisors voted 3-2 to deny the appeal and uphold the Planning Commission's denial of the project. (JOHNSON/RICHARDSON/LOWREY) • Jefferson Avenue StudyArea Visioning and Public Outreach —On January 11, 2011 the City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. On July 25, 2011 staff met with the Jefferson Avenue Ad Hoc Subcommittee to discuss the status of the Jefferson Avenue Planning effort and the status of the SCAG Compass Blueprint Demonstration Project Grant which was awarded to assist the city with the public outreach and visioning process. Through SCAG's RFP process, MIG, Inc. was selected as the planning and public outreach consultant. This firm is tasked with conducting a total of five Jefferson Avenue Study Area Visioning Workshops over 9 months. These workshops are intended to solicit community input and feedback which will be developed into a community-based vision for the future. The community-based vision would set the foundation for a future specific plan which would guide the future revitalization of this area over the next 15-30 years. At the conclusion of the July 25, 2011 subcommittee meeting, the subcommittee members authorized staff to move forward with the public outreach and visioning effort for the Jefferson Avenue StudyArea. In preparation for the first Visioning Workshop, staff met with Mayor Roberts on September 26, 2011 and with Council Member Comerchero on September 28, 2011 to discuss the following items: 1) Draft layout/content of project website; 2) proposed marketing/branding effort for visioning process; 3) stakeholder interview process; 4) agenda for Visioning Workshop # 1; and, 5) the press release strategy. Additionally, as part of MIG's scope of work, stakeholder interviews were conducted with a number of stakeholders and community members. The first Jefferson Avenue Study Area Visioning Workshop was held in the Conference Center at the Temecula Civic Center on October 18, 2011. The meeting agenda included a presentation from planning staff discussing the project purpose and overview, existing conditions, project background, followed by an interactive and livelyfacilitated discussion by MIG to solicit the stakeholder's ideas for the future vision of the area, the future opportunities for the area and potential challenges that may need to be overcome. Over 50 stakeholders attended this first visioning workshop. The second Jefferson Avenue Visioning Workshop was held on December 6, 2011. The project website: www.envisionlefferson.org was also launched on December 6, 2011. The second workshop discussed urban design and placemaking strategies for the study area. This meeting included a presentation on urban design principles and placemaking strategies. Over 40 stakeholders attended this second visioning workshop and provided their ideas and feedback. The third visioning workshop was held on February 2, 2012. This workshop presented two different approaches to identifying potential districts within the study area: 1). land use approach, and 2) physical form and character approach. The workshop format was interactive, with MIG soliciting stakeholder feedback on the strengths and weaknesses of the conceptual district concepts presented, alternative district considerations, and additional ideas/areas for further study, consideration or discussion. The fourth visioning workshop will be held on April 5, 2012. The fourth workshop will focus on mobility, transportation and complete streets within the Study Area and will solicit community feedback and visioning ideas related to these topics. (RICHARDSON/WATSON/INNES/WEST/KITZEROW) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Highway 395 Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Highway 395 Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Highway 395 Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Highway 395 Corridor" which is a 20 -year transportation plan for the Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. The City Council approved the contract with Fehr and Peers on August 9, 2011. The project kick-off meeting with the consults and City staff was held on August 16, 2011. The community outreach and engagement effort of this project is being coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. A project website will serve as the hub for information accessed by staff and the general public (http://www.highwav395corridorstudy.orq). The next two workshops will focus on multi -modal transportation, housing and economic development. The workshops will cover the same information but will be held at two different locations along the corridor. The first workshop will be held on March 15, 2012 at the City of Temecula Conference Center at 6:00 p.m. The second workshop will be held at the City of Wildomar City Council Chambers on March 22, 2012 at 6:00 p.m. The Historic Highway 395 Corridor project will be completed by February 2013. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Historic Highway 395 Corridor and Jefferson Avenue Study Area Visioning and Public Outreach Process — The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Caltrans Community Based Transportation Planning Grant funded by Caltrans, and to provide visioning and public outreach assistance with the Jefferson Avenue Study Area. The objective of the grant is to establish a vision for the future of the Jefferson Avenue Study Area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor designed to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. MIG was the consulting firm selected as a result of the interview process. MIG is under contract with SCAG and will provide professional planning consulting work for the public outreach effort for both the Jefferson Avenue Study Area Visioning Process and the Caltrans Community Based Transportation Planning Grant. (WEST/INNES) • Development Code Amendment to address concerns with off -sale alcohol sales for businesses that require a Conditional Use Permit — On May 24, 2011 the City Council adopted an Interim Urgency Ordinance establishing a 45 -day moratorium on the issuance/approval of Conditional Use Permits for off -sale alcohol businesses (i.e. Convenience Markets and Liquor Stores). On June 28, 2011 the City Council adopted an extension to the Interim Urgency Ordinance to extend the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. The Planning Commission reviewed and recommended approval of the draft ordinance on February 1, 2012. On February 28, 2012, the City Council approved the proposed Ordinance. The second reading of the Ordinance will occur on March 13, 2012, and the ordinance will become effective on April 12, 2012. (KITZEROW) • Consolidated Plan for Community Development Block Grant (CDBG) funds — On June 14, 2011, the City Council adopted a resolution to request that the U.S. Department of Housing and Urban Development (HUD) designate the City of Temecula as an Entitlement City. On November 1, 2011, the City Council adopted a Citizen Participation Plan (CPP) that set forth the City's policies and procedures for citizen participation in the development of its Five-year Consolidated Plan for the Community Development Block Grant (CDBG) program. Staff held two community workshops on November 16, 2011, and one technical workshop on November 17, 2011. The workshops along with an online survey were used to broaden participation and collect public input on the Plan. Staff, in collaboration with the City's consultant, BBC, and HUD representatives, has been writing the Consolidated Plan over the last several months. The draft Consolidated Plan and Fiscal Year 2012/2013 project and service funding recommendations were reviewed by the Finance Committee on February28, 2012. The draft Five -Year Consolidated Plan is available for public review and comment from March 2, 2012 through April 2, 2012, and is scheduled for public hearing before the City Council on April 10, 2012. (WEAVER) • Bike Lane and Trail Program — As of January 1, 2012, City Staff has been working on an update to the inventory map and implementation program for the City's Multi -use Trails and Bikeways Master Plan. Staff completed a field survey of existing and proposed bike lanes and trails, and has been working with GIS to prioritize trail routes in order to complete an Old Town to Wine Country Trail (east -west connection), a Lake Skinner Trail (north -south connection), and a Temecula Loop around the entire city. This loop system will generally be located along Temecula Creek on the south side of the City, Butterfield Stage Road on the east side, Santa Gertrudis Creek on the north, and Murrieta Creek on the west. Staff is in the process of developing a recommendation for Capital Improvements over the next five years. (PETERS) Planning Agenda Report 2/1/2012 through 2/29/2012 1. Recently Approved APN # Bob & Gary's Berries TUP 921700016 • PA12-0012 ERIC JONES A Major Temporary Use Permit to allow a strawberry stand to be placed within the Palomar Village shopping center located at 42225 Margarita Road (APN: 921-700-016) from March 1, 2012 thru June 30, 2012. Hours of operation will be from 9 a.m. to dusk, 7 days per week. Submitted Date Approved Date Jan 17 2012 Feb 13 2012 APN # • PA11-0238 De Portola Medical Offices TPM 959050011 CHERYL KITZEROW A Tentative Parcel Map to subdivide a 2.76 acre parcel into three parcels for future medical office buildings, located at the southwest corner of De Portola and Margarita Road. Submitted Date Approved Date Sep 1 2011 Feb 15 2012 1 of 5 Planning Agenda Report 2/1/2012 through 2/29/2012 2. Scheduled for Hearing APN # • PA11-0274 PDS Campanula Apartments DP 959390008 CHERYL KITZEROW A Multi -family residential Development Plan to construct the Campanula Way Apartments within Planning Area 6B of the Paloma del Sol Specific Plan. Project includes 288 apartment units (1 bedroom/2 bedroom flats/2 bedroom townhomes/3 bedroom townhomes) ranging in size from 595 square feet to 1,471 square feet. Also proposed is a clubhouse with pool, tot lot, dog park and other amenities for future residents. Project is located at the northwest corner of Campanula Way and Meadows Parkway. (PR11-0016) Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 27 2011 12/1/2011 Apr 18 2012 APN # • PA11-0226 Neighbor Health Major Mod 909282006 ERIC JONES A Major Modification Application to allow for a 3,771 square foot addition to an existing structure located at 41840 Enterprise Circle North (APN: 909-282-006) Submitted Date Anticipated DRC Meeting Date Planning Commision Aug 22 2011 Mar 21 2012 2 of 5 Planning Agenda Report 2/1/2012 through 2/29/2012 3. New Submittals Pending DRC Meeting APN # 944330015 • PA11-0280 Pat and Oscars CUP ERIC JONES A Minor Conditional Use Permit to allow an existing restaurant, located at 29375 Rancho California Road, to upgrade their existing ABC Type 41 alcohol license to a Type 47. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 2 2011 TBD • PA12-0007 Great Oak 5k Run Special Event APN # 962020009 DAWN ADAMIAK A 5k run fund raiser to be held on Sunday, March 18, 2012 from 6:30 a.m. to 11 a. m. for the Great Oak High School band. The event will take place in the vicinity of Great Oak High School. No formal street closures required. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 11 2012 TBD • PA12-0009 Aftershock Minor CUP APN # 922093003 ERIC JONES A Minor Conditional Use Permit to allow Aftershock Brewing Co. to operate a brewery (ABC License Type 23) totaling 1,467 square feet, including 214 square feet to be used as a tasting room. The project is located at 28822 Old Town Front Street (APN: 922-093-003) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 13 2012 TBD • PA12-0014 Killarney's 2012 St. Patty TUP APN # 960020059 MATTHEW PETERS A Major Temporary Use Permit for Killarney's Restaurant and Irish Pub St. Patrick's Day Celebration to be held in the parking lot of 32475 Temecula Parkway Suite G10 on March 17 an d18, 2012 from 9 a.m. to 2 a.m. with live entertainment (amplified), alcohol (two beer trailers), food and vendors. Estimated total attendance is 1,200 people. Approximately 45 parking spaces will be eliminated during the event. Proposed flood lighting, stage, generator, 20' x 60' canopy and 13 10' x 10' canopies. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 20 2012 TBD • PA12-0026 Taste of Temecula Valley APN # 922360001 DAWN ADAMIAK A Special Use Permit for Taste of Temecula Valley, a one day event with food, wine, beer and entertainment. Event allows local restaurants the opportunity to showcase thier restaurant to new customers on Saturday, April 28th from 11 a.m. to 10 p.m. in Town Square Park. Mercedes Street will be closed from 3rd Street to 4th Street and the Main Street "Y" will be closed from Friday, April 27th thru Sunday, April 29th at 7a.m. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 8 2012 TBD • PA12-0027 Rod Run APN # 922026008 DAWN ADAMIAK A Special Use Permit for the annual Rod Run to display cars and for vendors and entertainment. The event will take place on March 9th and 10th. Old Town Front Street and adjacent side streets will be closed on Friday from 1 p.m. to 7 p.m. and on Saturday from 5 a.m. to 4 p.m. 3 of 5 Planning Agenda Report 2/1/2012 through 2/29/2012 • PA12-0032 Soro's Mediterranean Grill APN # 922023022 MATTHEW PETERS A Conditional Use Permit for Soro's Mediterranean Grill to upgrade their liquor license from a Type 41 (beer and wine) to Type 47 (beer, wine and distilled spirits) at 28464 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 21 2012 TBD APN # • PA12-0033 Mira Loma Apartments DP/ME 944060006 CHERYL KITZEROW A Multi -family Residential Development Plan to construct 120 apartment units on a 8.67 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with a Minor Exception to reduce the amount of required parking by 8%. Also associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11- 0023 Submitted Date Submitted Date Anticipated DRC Meeting Date Administrators Hearing Feb 10 2012 TBD Mar 10 2010 • PA12-0032 Soro's Mediterranean Grill APN # 922023022 MATTHEW PETERS A Conditional Use Permit for Soro's Mediterranean Grill to upgrade their liquor license from a Type 41 (beer and wine) to Type 47 (beer, wine and distilled spirits) at 28464 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 21 2012 TBD APN # • PA12-0033 Mira Loma Apartments DP/ME 944060006 CHERYL KITZEROW A Multi -family Residential Development Plan to construct 120 apartment units on a 8.67 acre site located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Associated with a Minor Exception to reduce the amount of required parking by 8%. Also associated with PA12-0034 (GPA/PDO-11 Amendment). Previous PR11- 0023 Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 22 2012 3/22/2012 TBD APN # • PA12-0034 Mira Loma GPA/PDO Amend 944060006 CHERYL KITZEROW A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential and a Zoning Text Amendment to revise the text for Planned Development Overlay - 11 (PDO -11) associated with the Mira Loma Apartment project (PA12-0033) located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 22 2012 TBD • PA12-0039 Promenade Mall Stand MTUP APN # 910420030 ERIC JONES A Major TUP for a strawberry stand to be located at 40820 Winchester Road. The stand will operate from March 1, 2012 through July 31, 2012 from 10 a.m. to 6 p.m. daily. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 24 2012 TBD APN # • PA12-0042 Highway 79 Strawberry Stand 959070031 ERIC JONES Major TUP for a strawberry stand to be located at corner of Temecula Parkway and Rancho Pueblo Road. The stand will operate from March 1, 2012 hrough July 31, 2012 from 10 a.m. to 6 p.m. daily. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 27 2012 TBD • PA12-0044 Crosswalk Major TUP APN # 910300014 DAWN ADAMIAK A Major Temporary Use Permit to allow a Crosswalk to occur on Friday, April 6, 2012 from 11 a.m. to 3 p.m. The walk will take place from Temeku Cinemas in the Palm Plaza at 26447 Ynez Road to Sam Hicks Park. A community celebration with a stage and band will be conducted at Sam Hicks Park once participants arrive. Submitted Date Anticipated DRC Meeting Date Hearing Planned 4 of 5 Planning Agenda Report 2/1/2012 through 2/29/2012 Feb 29 2012 TBD 5 of 5 As 410,4 011111/01. Alliploq.4074041rali 110.111014 illath*F-litth'"817. 1104 trAllrellil WV: 41 • Ira* 4f, A PI 4. 4*.tg ditaslix *4‘ kociwq.A. tae -At rip 41.1 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: March 27, 2012 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of February 2012. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor DATE: March 7, 2012 SUBJECT: Monthly Activity Report - February, 2012 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of February, 2012: I. SIGNS A. Total signs replaced 93 B. Total signs installed 5 C. Total signs repaired 149 D. Banners Replaced 80 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 310 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 1.880 B. Total Tons 43 IV. CATCH BASINS A. Total catch basins cleaned 238 B. Down Spouts 0 C. Under sidewalks 2 D. Bowls 26 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 8.400, VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 358 New and repainted legends B. 0 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 20 Thermal Plastic E. 0 RPMs Installed 61 1,922 R:VAAINTAIMMOACTRPT Also, City Maintenance staff responded to 34 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 51 service order requests for the month of January, 2012. The Maintenance Crew has also put in 35 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of February, 2012 was $90,223.00 compared to $64.192.00 for the month of January, 2012. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 64,673.00 $ 25,550.00 $ -0- Electronic Copies: Amer Attar, Principal Engineer - Capital Improvements Mayra De La Torre, Senior Engineer - Land Development Jerry Gonzalez, Associate Engineer Traffic Division R:1MAnvrAIN', MOACrRPT DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2011 - 2012 3rd QUARTER Date Submitted: Submitted By: Prepared By: March 7, 2012 Greg Butler Rodney Tidwell SCOPE OF WORK WORK COMPLETED JAN. '12 COST FOR FEB. '12 WORK COMPLETED FEB. '12 COST FOR FEB. '12 WORK COMPLETED COST FOR MARCH '12 MARCH '12 TOTAL COST FOR THIS FISCAL YEAR TOTAL COST FOR LAST FISCAL YEAR ASPHALT AC Square Footage: 4,287 $12,732.39 0 $5,583.60 $75,945.87 $95,917.63 Tons: 91 43 $0.00 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 0 $0.00 $0.00 $0.00 PCC Yards: 0 $0.00 0 $0.00 $0.00 $0.00 STRIPING LINEAR FEET: 0 $0.00 0 $0.00 $545.65 $6,242.18 IN-HOUSE PAINTING LEGENDS: 244 $1,952.00 358 $2,864.00 $19,848.00 $27,488.00 SIGNS REPLACED Material: 27 $1,350.00 93 $4,650.00 $28,100.00 $41,500.00 Labor: 0 $712.53 $2,454.27 $14,831.18 $21,903.37 SIGNS INSTALLED Material: 0 $0.00 5 $250.00 $8,950.00 $5,100.00 Labor: 0 $0.00 $131.95 $4,723.81 $2,691.78 SIGNS REPAIRED Material: 74 $3,700.00 149 $7,450.00 $23,950.00 $39,486.50 Labor: $1,952.86 $3,932.11 $21,191.17 $15,965.95 GRAFFITI Square Footage: 4,847 1,880 DRAINAGE CHANNELS CLEANED Basins: 143 $3,773.77 238 $6,280.82 $45,417.21 $69,854.33 Channels: 1 $0.00 1 $17,500.00 $82,650.00 $177,505.50 IN-HOUSE TREES TRIMMED: 119 $3,140.41 310 $8,180.90 $22,774.57 $26,812.24 SERVICE ORDER REQUESTS: 51 34 AFTER HOURS CALL OUTS: 56 S2,197.24 35 $1,385.65 $33.700.99 $48,200.99 R.O.W. WEED ABATEMENT: 0 8,400 $285.60 $1,865.04 $2,332.84 TOTALS $31,511.20 $60,948.90 $384,493.49 $581,001.31 R:IMAINTAf NIMOACTRPT\STREETMAINTUAN.FEB.MAR.107.08 DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2011 - 2012 Date Submitted: 07 -Mar -12 Submitted By: Prepared By: GREG BUTLER RODNEY TIDWELL CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE 2ND HALF TOTALS YEAR-TO-DATE Asphalt Square Feet 0 0 0 0 Concrete Square Feet 0 0 0 0 Drainage Channels 0 1 1 1 TOTAL COSTS $0.00 $17,500.00 $17,500.00 $122,446.00 CONTRACT STRIPING Striping Linear Feet 0 0 0 0 Sandblasting Linear Feet 0 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 $0.00 TREE CONTRACTORS Trees Trimmed 611 1,090 1,701 1,701 Trees Removed 6 11 17 17 TOTAL COSTS $32,102.00 $55,446.00 $87,548.00 $87,548.00 R.O.W. SPRAYING Square Feet 520,000 520,000 520,000 TOTAL COSTS $28,725.00 $16,800.00 $45,525.00 $58,508.00 CITY MAINTENANCE CREW Banners 94 80 174 759 Signs Replaced 27 93 120 564 Signs Installed 0 5 5 959 Signs Repaired 74 149 223 803 Catch Basins Cleaned 143 238 381 1,721 Trees Trimmed 119 310 429 1,047 R.O.W. Weed Abatement 0 8,400 8,400 54,060 New & Repainted Legends 244 358 602 2,390 After Hours Call Outs 56 35 91 852 Service Order Requests 51 34 85 433 Graffiti Removal - Sq Ft 4,847 1,922 6,769 28,402 TOTAL COSTS $25,858.34 $43,448.85 $69,307.19 $ 554,235.05 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 2012 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK Sin CONTRACTOR: WEST COAST ARBORISTS Date: 01.15.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING TOTAL COST $ 17,658.00 Date: 01.31.12 # 5402 CITYWIDE ANNUAI_ TREE TRIMMING TOTAL COST $ 12,520.00 Date: 02.15.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING TOTAL COST $ 25,268.00 CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 02.31.12 # 5402 CITYWIDE PRE & POST EMERGENT SPRAYING ALONG MAJOR ARTERIALS TOTAL COST $ 8,750.00 Date: 02.27.12 # 5401 CITYWIDE PRE & POST -EMERGENT SPRAYING WITH CITY CHANNELS TOTAL COST $ 8,050.00 Date: 02.28.12 # 5402 WINCI-IESTER ROAD TEMECULA PARKWAY PUJOL STREET J DEBRIS PICK-UP AND WEED ABATEMENT TOTAL COST $ 477.00 CONTRACTOR: RYAN MONTELEONE EXCAVATION INC. Date: 02.24.12 EMPIRE CREEK REMOVE SAND, SILT AND DEBRIS FROM CHANNEL TOTAL COST $ 17,500.00 Date: # TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 25,550,00 $ 64,673.00 - 0 - SQUARE FOOTAGE January 4,847 February 1,922 March April May June July August September October November December CITY OF TEMECULA 2012 GRAFFITI REMOVAL TOTAL CALLS January 117 February 61 March April May June July August September October November December 51000 49000 47000 45000 43000 41000 39000 37000 35000 33000 31000 29000 27000 25000 23000 21000 19000 17000 15000 13000 11000 9000 7000 5000 3000 1000 -14 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC Totals for the Year To Date: March 1, 2012 Sq. Foot Calls 6,769 178 f SQ FT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report February / March 2012 Prepared by: Amer Attar Submitted by: Greg Butler Date: 3/27/2012 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be undertaken when the mainline utilities are installed, which the City is undertaking - start in the middle of March of 2012. An item is schedule for the 3/13/12 Council meeting to complete this facility. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project constructed the Town Square and street improvements on Mercedes & Main Streets. Show power in the Town Square in now complete and a notice of completion will be presented to Council in April of 2012. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Closure of the project is being delayed by business concerns of the general contractor. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. Site construction began on 10/10/11, Site work, including installation of bridge, is nearly complete; installation of pedestrian handrails is ongoing. Project completion anticipated the week of 3/19/12. Roripaugh Ranch Street Improvements - Phase I Phase I improvements involves construction of wet and dry utilities, sidewalks, medians and new roadway section on Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Road. The project will also complete utilities to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Work continues on installation of storm drains and underground utilities. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/11. The project is now in the 5 -year maintenance/monitoring program. 1 Margarita Road Right -of -Way Enhancement This project enhanced the east side of Margarita Road parkway areas from Ramsey Court to Avenida Cima Del Sol. The Contractor has completed all construction on this project. The 90 day maintenance period began on November 21, 2011 and ended on February 18,2012. A Notice of Completion will be filed shortly. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. Construction began on March 6, 2012 and is expected to be completed by the end of June. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has completed all of the work. Pavement Rehabilitation Program - Margarita Road Project 1 This project rehabilitated Margarita Road between Rancho California Road and Avenida Barca. Roadway construction began the week of 9/26/11. Project is substantially complete. Minor CCO work involving traffic detector loops remains to be completed. Pavement Rehabilitation Program - Winchester Road This project rehabilitated Winchester Road between Roripaugh Road and Nicolas Road. The project is complete. Minor CCO is being worked on to complete the project. The project will be scheduled for acceptance in April of 2012. Community Recreation Center (CRC) Energy Management Retrofit This project replaces the outdated HVAC systems at the Community Recreation Center with new energy efficient models and provides a new DDC Control System for the entire building. The work is scheduled to begin on March 19, 2012 and be completed by May 21, 2012. Community Recreation Center Roof Replacement This project will replace the built up roofing at the Community Recreation Center. This work will be performed in conjunction with the Community Recreation Center (CRC) Energy Management and Retrofit Project No. PW 11-05. The work will be undertaken between March 19,2012 and May 1, 2012. 2 PROJECTS BEING ADVERTISED FOR BIDS French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Construction Bids were opened March 1, 2012. Apparent low bidder is Flatiron West, Incorporated. Utility relocations began in OCT 2011 and are estimated to be complete in MAY 2012, in advance of the project construction. Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. Bids were opened on 02/23/2012. The City Council awarded the contract to Ted Enterprises at the March 13, 2012 meeting. CITYWIDE SLURRY SEAL FY 2011-12 This project will slurry remaining portion of Paseo Del Sol, portion of Starlight Ridge, portion of Pechanga Road tract and Rancho Vista Road. The City Council authorized staff to solicit construction bids at the January 10, 2012 meeting. The project is being advertised for bids. Bid opening is scheduled for April 5, 2012. Pavement Rehabilitation Program - Margarita Road Project 2 This project will rehabilitate Margarita Road from Avenida Barca to Solana Way. Authorization to bid was received from the City Council on 2/14/2012. The project is currently being advertised for construction bids. Bid opening scheduled for 3/15/12. Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Authorization to bid was received from the City Council on 2/14/2012. The project is being advertised for construction bids. Bid opening is scheduled for 4/03/12. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board. City has hired a consultant to map the new proposed area and obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Completion of the environmental document is underway. Proposals from consultants were received and reviewed by staff. The City Council will approve an agreement with the selected consultant at the 03/27/2012 City Council meeting. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits have been acquired, encroachment permit was issued by RCFCD on 3/8/12. Request for Authorization (RFA) to construct was submitted to Caltrans the week of 3/12/12. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Caltrans has completed its review of the 95% PS&E (3rd Submittal). Appraisal of ROW impacts is under way. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. City is currently in plan check review with Caltrans to obtain an Encroachment Permit for Rancho California Road and Winchester Road. 4 French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Project Development Team (PDT) kick-off held in February. Project Management Plan, Schedule, aerial photogrammetry, and project control / ground surveys are under way. Inclusive Play Structure This project will install play structure for youth and special needs kids. Designated park locations will be decided by Park and Recreation Subcommittee and is expected by end of March 2012. Consultant will be sought upon confirmation of scope of work. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. The Joint Use Agreement with TVUSD is expected to be executed in April 2012. A consultant will be sought to initiate design. 5 Item No. 16 Approvals City Attorney Director of Finance City Manager /510 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning Development Services DATE: March 27, 2012 SUBJECT: Economic Development Department Monthly Report PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Receive and file. The following lists some recent highlights of the Economic Development Division for the months of January, February and March 2012: Economic Development News/Events • Economic Development Staff is currently assisting Office Furniture Solutions in relocating to Temecula. The company has five employees and has been in business for over two decades. Office Furniture Solutions specializes in refurbishing office furniture in addition to selling new office furniture. The company recently purchased a building located on Remington Ave. • February 14: Economic Development Staff attended the Medical Design & Manufacturing (MD&M) Trade Show in Anaheim. MD&M is the most comprehensive resource for every aspect of medical device development and the largest medical device trade show on the west coast. • March 6: Per Council Member Jeff Comerchero's request for a local job fair, Economic Development Staff partnered with the Riverside County Workforce Center and other local Cities and Chambers to organize the Southwest Regional Job Fair and Healthcare Career Showcase at the Temecula Conference Center. Over 40 hiring companies exhibited with nearly 1,000 job seekers attending the event. Over 200 potential new hires and/or 2nd interviews resulted from the event. • March 14: Economic Development Staff organized an EB -5 Foreign Investment Seminar geared toward those wanting to learn more information on utilizing foreign investment for commercial projects. Riverside County Foreign Trade Commissioner Tom Freeman was the keynote speaker for the event. Site Visits • January 11: Staff along with EDC representatives met John Sweeney, Head of the Life Sciences Field and Patrick Schneider, Director of Research and Development. Millipore is Temecula's largest life science company employing over 250 people. • February 1: Staff along with EDC and Chamber of Commerce representatives met with Carl Hirsch, President of Quicksilver Manufacturing. The company is the largest manufacturer of ultra -light single person sport aircraft. • February 27: Staff along with EDC and Chamber of Commerce representatives met with Buck Dawson, CEO for Optiforms. The company is the industry leader for manufacturing coated/uncoated electroformed optics. Meetings of Interest • January 9: Staff attended a Tech Coast Angels Screening Session held at Riverside City Hall. • January 10: Staff attended the Twin Cities Angel Capital meeting held at the Murrieta Library. The purpose of the meeting was to gain support of creating an Angel Capital Group (similar to Tech Coast Angels) for the Temecula Valley region. • January 11 and February 8: Staff attended the Temecula Chamber of Commerce Membership Committee meeting and updated the group on upcoming special events and recently approved projects. • January 19: Staff participated in the Association of Commercial Real Estate Executives (ACRE) 5th Annual Inland Empire Economic Summit. • January 25: Mayor Washington and Staff attended the FreeBirds restaurant ribbon cutting. • February 1: Staff participated in a Temecula/Murrieta property tour with Singapore Government Relocation Scouts along with the City of Murrieta Economic Development Staff. • February 16: City of Temecula hosted an EDC Board of Directors Meeting in the Conference Center. • February29: Staff attended MSJC's Business Advisory Committee Meeting held at the San Jacinto Campus. • March 7: Staff attended the Workforce Investment Board Southwest Regional Committee Meeting located at the Workforce Offices in Murrieta • March 15: Staff attended the Convention and Visitor's Bureau Annual Meeting Luncheon held at the Temecula Conference Center. • March 21: Staff attended the Chamber of Commerce's Annual 3rd District Economic Forum with Jeff Stone as the keynote speaker held at Pechanga Resort and Casino. Item No. 17 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Robert C. Johnson, City Manager DATE: March 27, 2012 SUBJECT: City Council Travel/Conference Report - February 2012 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On February 1, 2012 Council Member Ron Roberts traveled to Los Angeles, California to attend meetings of the Southern California Association of Governments' Executive/Administration Committee, Regional Council, and Transportation Committee. On February 2, 2012 Council Member Ron Roberts traveled to La Quinta, California to attend the Riverside County Transportation Commission Workshop. 1 -lis expenses were paid by the Riverside County Transportation Commission. On February 29, 2012 Council Member Ron Roberts traveled to Los Angeles, California to attend meetings of the Southern California Association of Governments' Executive/Administration Committee, Regional Council, Transportation Committee and Joint Meeting of the Regional Council, Community, Economic & Human Development, Energy & Environment and Transportation Policy Committees. Attachment: Meeting Agendas SOUTHERN CALIFORNIA p,b. ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236.1800 r (213) 236-1825 www.scag.ca.gov Officers President Pam O'Connor, Santa Monica First Vice President Glen Bccerra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pain O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glaab, Laguna Niguel MEETING OF THE EXECUTIVE/ADMINISTRATION COMMITTEE PLEASE NOTE TIME Thursday, February 2, 2012 9:00 a.m. - 10:00 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido(a scaq.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scag.ca.qov/committees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA FEBRUARY 2, 2012 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) CONSENT CALENDAR Page No. Approval Items 1. Minutes of the January 5, 2012 Meeting 2. SCAG Sponsorship of Annual Event: California State University of San Bernardino (CSUSB) Leonard Transportation Center's 2012 Transportation and Logistics Summit ($1,250) 3. Contracts $200,000 or Greater: Monthly Managed Information Technology (IT) Services 4. Contracts $200,000 of Greater: Contract No. 12-020-C1, On -Call Bench Contract for Transportation Modeling and Air Quality Related Services 5. Contract Amendments Greater than $75,000: Contract 12-008-C1, Interactive Web Design for Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Contract C11 -034-C1, RTP/SCS Outreach 6. California Strategic Growth Council Sustainable Communities Planning Grant and Incentive Program Application (Hasan Ikhrata, Executive Director) .41111 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i Attachment 1 Attachment 7 Attachment Attachment Attachment Attachment 9 13 17 21 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA FEBRUARY 2, 2012 Receive and File Page No. 7. Contracts/Purchase Orders and/or Amendments Between $5,000 - $200,000 Attachment 27 ACTION ITEM 8. Draft FY 2012/13 Comprehensive Budget Attachment 31 Recommended Action: For information only; review and comment. CFO MONTHLY FINANCIAL REPORT Attachment 83 (Wayne Moore, Chief Financial Officer) FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS CLOSED SESSION Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b) Title: Executive Director ADJOURNMENT The next regular meeting of the Executive/Administration Committee will be held on Thursday, March 1, 2012 at the SCAG Los Angeles Office. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor los Angeles, California 90017-3435 t(2I3)236•1800 1013)236-182S www.S( ogc a.guv Officers President Pam O'Connor, Santa Monica First Vice President Glen Becerra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear lake Energy & Environment Margaret Clark. Rosemead Transportation Paul Glaab, Laguna Niguel No. 536 MEETING OF THE REGIONAL COUNCIL PLEASE NOTE TIME Thursday, February 2, 2012 11:45 a.m. — 1:00 p.m.* *Los Angeles County Draft 2012 RTP Workshop will be held at 1:00 pm (or immediately after the Regional Council meeting) in the SCAG Main Office, Board Room. A Public Hearing will follow at 3:00 pm. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcido@scaq.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on -demand at www. scaq . ca. q ov/scagty Agendas & Minutes for the Regional Council are also available at: www .scaq.ca.qovicommittees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 7.1.11 REGIONAL COUNCIL AGENDA FEBRUARY 2, 2012 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT New Members New Committee Appointments EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) 1. California Transportation Commission (CTC) 2011 Annual Report to the Attachment 1 CA Legislature, 2011 Statewide Transportation System Needs Assessment (Chairman Dario Frommer) Page No. Recommended Action: Receive presentation from CTC Chairman Dario Frommer and CTC Commissioner Fran Inman and provide feedback on recommended next steps. 2. 2012 RTP/SCS Economic and Job Creation Strategy Update COMMITTEE REPORTS/ACTION ITEMS Executive/Administration Committee (EAC) Report (Hon. Pam O'Connor, Chair) 3. Support of SB 659 (Padilla -Hernandez) and SB 654 (Steinberg) re Redevelopment Authority (RDA) Abolishment Legislation Recommended Actions: 1) Support SB 654 (Steinberg) regarding allowing for RDA retention of assets for affordable housing as described; and 2) Authorize the SCAG President to transmit letters to the Governor and Legislative leadership regarding the action of the Regional Council. „% SOUTHERN CALIFORNIA ASSOCIATION or GOVERNMENTS l Attachment 11 REGIONAL COUNCIL AGENDA FEBRUARY 2, 2012 4. Approve the California High Speed Rail Authority (CHSRA) Memorandum of Understanding (MOU) with CHSRA and Southern California Transportation Agencies Recommended Actions: 1) Authorize Executive Director to execute the MOU with CHSRA and Southern California Transportation Agencies and 2) Staff will report regularly on the status of the MOU as described in the report. Nominating Committee Report (Hon. Larry McCallon, Chair) 5. Nominations for the 2012-2013 SCAG Officers Recommended Action: Approve the nominations for the 2012-2013 SCAG Officer positions as submitted by the Nominating Committee, subject to the receipt of additional nominations from the floor. Community, Economic and Human Development Committee (CEHD) Report (Hon. Bill Jahn, Chair) Page No. Attachment 25 Attachment to be provided under separate cover 6. Draft Regional Housing Needs Assessment (RHNA) Allocation Plan Attachment 33 Recommended Action: Approve the distribution of the draft RHNA Allocation Plan as recommended by CEHD. Regional Housing Needs Assessment (RHNA) Subcommittee Report (Hon. Bill Jahn, Chair) Energy and Environment Committee (EEC) Report (Hon. Margaret Clark, Chair) Transportation Committee (TC) Report (Hon. Paul Glaab, Chair) Legislative/Communications and Membership Committee (LCMC) Report (Hon. Judy Mitchell, Chair) CONSENT CALENDAR Approval Items 7. Minutes of the January 5, 2012 Meeting Attachment 45 8. Draft FY 2012/13 Comprehensive Budget Attachment 55 SOUTHERN CALIFORNIA "Cc. ASSOCIATION Or GOVERNMENTS IZ REGIONAL COUNCIL AGENDA FEBRUARY 2, 2012 Page No., 9. SCAG Sponsorship of Annual Event: California State University of San Attachment 107 Bernardino (CSUSB) " 2012 Southern California Transportation & Logistics Summit" on March 9, 2012 ($1,250) 10. Amendment $75.000 or Greater/Amendment Requiring RC Approval: Attachment 109 Contract No. 12-008-C1, Interactive Web Design for Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS); and Contract No. 11-034-C1, RTP/SCS Outreach 11. Contracts $200,000 or Greater: Contract No. 12-019-C1, Monthly Managed Attachment 115 Information Technology (IT) Services 12. Contracts $200,000 of Greater: Contract No. 12-020-C1, On -Call Bench Attachment 119 Contract for Transportation Modeling and Air Quality Related Services 13. California Strategic Growth Council Sustainable Communities Planning Attachment 123 Grant and Incentive Program Application 14. Regional Housing Needs Assessment (RHNA) Procedures for Revision Attachment 127 Requests, Appeals and Trade & Transfers 15. Policies for Regional Housing Needs Assessment (RHNA) Transfers Due Attachment 159 to Annexations and Incorporations Receive & File 16. Contracts/Purchase Orders and/or Amendments between $5,000 - $200,000 Attachment 167 17. January 2012 State and Federal Legislative Update INFORMATION ITEM 18. CFO Monthly Report Attachment 171 FUTURE AGENDA ITEM(S) CLOSED SESSION 19. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c) One potential case 20. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b) Title: Executive Director ADJOURNMENT The next regular meeting of the Regional Council will be held on Thursday, March 1, 2012 at the SCAG Los Angeles Office. 4 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS ill SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 1201 Floor Los Angeles, California 90017.3435 t (2131 236-1800 (1213) 236-1825 wwv.scag.ca.gov Officers ('resident Pam O'Connor. Santa Monica First Vice President Glen Recerra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn. Big Bear lake Energy & Environment Margaret Clark. Rosemead Transportation Paul Glaab, Laguna Niguel MEETING OF THE TRANSPORTATION COMMITTEE PLEASE NOTE TIME Thursday, February 2, 2012 10:00 a.m. — 11:30 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido(a scaq.ca.gov Agendas & Minutes for the Transportation Committee are also available at: www.scaq.ca.gov/committees/tc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. TRANSPORTATION COMMITTEE AGENDA FEBRUARY 2, 2012 The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Paul Glaab, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. NOMINATIONS FOR CHAIR AND VICE -CHAIR REVIEW AND PRIORITIZE AGENDA ITEMS CONSENT CALENDAR Time Page No. Approval Item 1. Minutes of the September 1, 2011 Meeting 1 INFORMATION ITEM 2. High -Speed Rail Update 20 mins. 9 (Steve Fox, Senior Regional Planner) REGIONAL TRANSPORTATION PLAN (RTP) SUBCOMMITTEE REPORT (Hon. Alan Wapner, Chair) HIGH-SPEED RAIL (HSR) SUBCOMMITTEE REPORT (Hon. Keith Millhouse, Chair) CHAIR'S REPORT STAFF REPORT (Jonathan Nadler, SCAG Staff) FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS ADJOURNMENT The next regular meeting of the Transportation Committee will be held on Thursday, March 1, 2012 at the SCAG Los Angeles Office. 0,4 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i RIVERS/DE COUNTY TRANSPORTATION COMMISSION www.rctc.org WORKSHOP AGENDA* *Actions may be taken on any item listed on the agenda FEBRUARY 2-3, 2012 EMBASSY SUITES LA QUINTA 50-777 Santa Rosa Plaza La Quinta, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1:30 P.M. THURSDAY, FEBRUARY 2, 2012 1:30 p.m. - 1:35 p.m. WELCOME AND WORKSHOP OVERVIEW John J. Benoit, Chair 1:35 p.m. - 1:50 p.m. IE 511 DEMONSTRATION AND DISCUSSION Robert Yates, Multimodal Services Director 1:50 p.m. - 2:35 p.m. REGIONAL ISSUES AND COOPERATION John Standiford, Deputy Executive Director 2:35 p.m. - 3:45 p.m. LEGISLATIVE UPDATE Aaron Hake, Government Relations Manager Kathy Ruffalo, Commission's Legislative Advocate Mark Watts, Commission's Legislative Advocate 3:45 p.m. - 4:00 p.m. BREAK 4:00 p.m. - 5:00 p.m. COMMISSION MEETING (Separate Agenda) Riverside County Transportation Commission Workshop February 2-3, 2012 5:00 p.m. - 6:00 p.m. RIVERSIDE COUNTY RAIL UPDATE Robert Yates, Multimodal Services Director This item is for the Commission to: 1) Receive an oral report on rail matters that affect the Commission relating to Metrolink, Los Angeles -San Diego - San Luis Obispo (LOSSAN) Rail Corridor Agency and high-speed rail; 2) Approve Memorandum of Understanding No. 12-25-044-00 with California High Speed Rail Authority (CHSRA), the Southern California Association of Governments (SCAG), and the partner Southern California transportation agencies; 3) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission in order to protect the Commission's passenger rail rights on the LOSSAN Corridor and ensure the Commission's involvement in ongoing regional rail investment discussions; and 4) Approve the list of priority projects and authorize the Executive Director to negotiate the project list as necessary on behalf of the Commission. The workshop will continue at 9:15 a.m., Friday, February 3, 50-777 Santa Rosa Plaza, La Quinta, CA 9:15 A.M. FRIDAY, FEBRUARY 3, 2012 9:15 a.m. - 9:30 a.m. MOBILITY 21 UPDATE Marnie Primmer, Executive Director, Mobility 21 9:30 a.m. - 10:00 a.m. LONG TERM REVENUE FORECAST Dan Wiles, Fieldman Rolapp 10:00 a.m. - 10:15 a.m. BREAK 10:15 a.m. - 11:45 a.m. DELIVERY PLAN SUCCESSES AND FINANCING THE FUTURE Anne Mayer, Executive Director 11:45 a.m. LUNCH AND WORKSHOP WRAP UP Karen Spiegel, Vice Chair RIVERSIDE COUNTY TRANSPORTA TION COMMISSION www.rctc.org AGENDA* *Actions may be taken on any item listed on the agenda 4:00 p.m. Thursday, February 2, 2012 EMBASSY SUITES LA QUINTA 50-777 Santa Rosa Plaza La Quinta, CA In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission's website, www.rctc.org. In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in a Commission meeting, please contact the Clerk of the Board at (951) 787-7141. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS — Each individual speaker is limited to speak three (3) continuous minutes or less. The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious. Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items. Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. Riverside County Transportation Commission Agenda February 2, 2012 Page 2 5. APPROVAL OF MINUTES - December 14, 2011 and January 11, 2012 6. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 7. CONSENT CALENDAR — All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 7A. QUARTERLY INVESTMENT REPORT O vervie w This item is for the Commission to receive and file the Quarterly Investment Report for the quarter ended December 31, 2011. 7B. SINGLE SIGNATURE AUTHORITY REPORT O vervie w This item is for the Commission to receive and file the Single Signature Authority report for the second quarter ended December 31, 2011. 7C. FEDERAL HIGHWAY ADMINISTRATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND PROPOSED OVERALL PROJECT GOAL Overview This item is for the Commission to: 1) Adopt Resolution No. 12-005, "Resolution of the Riverside County Transportation Commission Adopting Its Disadvantaged Business Enterprise Program and Overall Disadvantaged Business Enterprise Project Goal (49 CFR Part 26) As It Applies to Funding Received Directly from the Federal Highway Administration"; Riverside County Transportation Commission Agenda February 2, 2012 Page 3 2) Adopt the Commission's Disadvantaged Business Enterprise (DBE) Program for the State Route 91 Corridor Improvement Project (SR -91 CIP), a Federal Highway Administration (FHWA) assisted contract. The DBE program includes a proposed 2.9% overall DBE project goal for the SR -91 CIP. The goal is wholly race -neutral and will be finalized following the required 45 -day public comment period, which concludes on or about March 20, 2012; 3) Authorize the Executive Director to execute the Commission's DBE Program and Policy Statement on behalf of the Commission for submission to FHWA; 4) Post the proposed overall DBE project goal to allow for public participation as required by 49 CFR, Part 26, make the DBE program document available for review to the public for 30 days, and receive comments for 45 days; and 5) Submit the DBE program document and overall DBE project goal methodology to the FHWA for approval. 7D. FEDERAL TRANSIT ADMINISTRATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND PROPOSED OVERALL PROJECT GOAL Overview This item is for the Commission to: 1) Adopt Resolution No. 12-004, "Resolution of the Riverside County Transportation Commission Adopting Its Disadvantaged Business Enterprise Program and Overall Disadvantaged Business Enterprise Project Goal (49 CFR Part 26) As It Applies to Funding Received Directly from the Federal Transit Administration "; 2) Adopt the Commission's Disadvantaged Business Enterprise (DBE) Program for the San Jacinto Branch Line Commuter Rail (Perris Valley Line) project, a Federal Transit Administration (FTA) assisted contract. The DBE Program includes a proposed 3.8% overall DBE project goal for the Perris Valley Line project. The goal is wholly race -neutral and will be finalized following the required 45 -day public comment period, which concludes on or about March 20, 2012; 3) Authorize the Executive Director to execute the DBE Program and Policy Statement on behalf of the Commission for submission to FTA; 4) Post the proposed overall DBE project goal to allow for public participation as required by Title 49 CFR, Part 26, make the DBE program document available for review to the public for 30 days, and receive comments for 45 days; and 5) Submit the proposed DBE program document and overall DBE project goal to the FTA for approval. Riverside County Transportation Commission Agenda February 2, 2012 Page 4 7E. RIVERSIDE COUNTY 2013 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION Overview This item is for the Commission to: 1) Adopt Resolution No. 12-006, "Resolution Certifying Riverside County has Resources to Fund Projects in Federal Fiscal Years 2012/13 Through 2017/18 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program"; and 2) Forward to the Southern California Association of Governments (SCAG) for inclusion in the 2013 Federal Transportation Improvement Program (FTIP). 7F. MEMORANDUM OF UNDERSTANDING WITH THE SCRRA FOR SECURITY GUARD SERVICES AT THE DOWNTOWN RIVERSIDE STATION AND LAYOVER FACILITY Overview This item is for the Commission to: 1) Approve Memorandum of Understanding (MOU) No. 12-25-043-00 with the Southern California Regional Rail Authority (SCRRA) for security guard services at the Downtown Riverside Station and layover facility; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the MOU on behalf of the Commission. 7G. RIDESHARE SOFTWARE PROCUREMENT Overview This item is for the Commission to: 1) Approve Agreement No. 12-41-047-00 with Base Technologies, LLC (BaseTech) for the provision and hosting of new ridematching software in an amount not to exceed $216,000; and 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. Riverside County Transportation Commission Agenda February 2, 2012 Page 5 8. AGREEMENT WITH PARSONS TRANSPORTATION GROUP TO PROVIDE ENGINEERING SERVICES FOR THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, AND RELATED SERVICES FOR IMPROVEMENTS TO STATE ROUTE 91 IN THE EASTBOUND DIRECTION AND TO THE STATE ROUTES 71/91 INTERCHANGE Overview This item is for the Commission to: 1) Award Agreement No. 11-31-110-00 to Parsons Transportation Group, Inc. (Parsons) to provide engineering services for the preparation of plans, specifications, and cost estimates (PS&E) and related services for improvements to State Route 91 in the eastbound direction and to the 71/91 interchange, from approximately one-quarter mile west of Green River Road to Serfas Club Drive in the city of Corona based on the attached project scope, schedule, and cost in the amount of $8,136,031, plus a contingency amount of $804,537, for a total amount not to exceed $8,940,568, contingent upon obligation of federal funds; 2) Authorize the Chair, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount as may be required for the project. 9. INTERSTATE 215/BLAINE STREET PROJECT - LANE EXTENSION FROM BLAINE STREET TO 0.3 MILES PAST MARTIN LUTHER KING BOULEVARD O vervie w This item is for the Commission to: 1) Agree to sponsor the construction phase of the Interstate 215/Blaine Street project to extend a lane on southbound 60/215 from Blaine Street to Martin Luther King Boulevard; 2) Approve the programming of $2 million of federal Surface Transportation Program (STP) funding in federal fiscal year 2011/12 for construction capital; and 3) Approve amending the Federal Transportation Improvement Program to program STP funds. Riverside County Transportation Commission Agenda February 2, 2012 Page 6 10. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 11. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 12. ADJOURNMENT The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, March 14, 2012, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236.1800 ((213)236.1825 www.scag ca.gov Officers President Pam O'Connor, Santa Monica First Vice President Glen Becerra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glaab, Laguna Niguel MEETING OF THE EXECUTIVE/ADMINISTRATION COMMITTEE PLEASE NOTE TIME Thursday, March 1, 2012 9:00 a.m. — 10:00 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcidoCa�scaq.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scaq.ca.gov/committees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 1, 2012 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT Update from Washington, D.C. EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) California High Speed Rail Authority (CHSRA) Memorandum of Understanding (MOU) Update CONSENT CALENDAR Approval Items 1. Minutes of the February 2, 2012 Meeting 2. SCAG Sponsorship of Annual Events: 1) University of California, Los Angeles (UCLA) 2012 Complete Streets for California Conference, March 2, 2012, $1,250; 2) Association of California Cities, Orange County 2012 Board of Directors Installation Ceremony, April 11, 2012., $1,000 and 3) California Transportation Commission Reception., February 22, 2012, $500 3. Contracts $200,000 or Greater: Contract No. 12-025-C1 - Microsoft Dynamics Customer Relationship Management (CRM) System 4. Amendment $75,000 or Greater: Contract No. 09-031- C 1, SCAG's Activity Based Travel Demand Model i SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Page No. Attachment 1 Attachment 7 Attachment 9 Attachment 12 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 1, 2012 CONSENT CALENDAR — continued 5. Amendment Greater Than 30% of the Contract's Original Value — Caliper 6. SCAG Board Representative Invitation to Participate in Rail Tour Delegation to Japan and China Page No. Attachment 15 Attachment 18 Receive and File 7. Contracts/Purchase Orders and/or Amendments Between $5,000 - $200,000 Attachment 20 ACTION ITEMS 8. Arroyo Seco Parkway Corridor Management Plan (Hasan Ikhrata, Executive Director) Recommended Action: Approve Resolution No. 12-537-1 authorizing the extension of the cooperative agreement with Caltrans. 9. Approval of the Fiscal Year (FY) 2012/13 Comprehensive Budget (Wayne Moore, Chief Financial Officer) Recommended Actions: 1) Approve the FY 2012/13 Comprehensive Budget, which includes the following components: The Draft Overall Work Program (OWP), the General Fund Budget and Membership Assessment, the Indirect Cost Budget, and the Fringe Benefit Budget; and 2) Authorize the release of the Draft OWP and the Indirect Cost Allocation Plan (ICAP) to Caltrans, initiate the 30 -day public comment period, and transmit the General Fund Budget and Membership Assessment to the General Assembly. 10. California Department of Transportation FY 2012/13 Transportation Planning Grants (Wayne Moore, Chief Financial Officer) Recommended Action: Approve Resolution No. 12-537-2 authorizing SCAG to apply for FY 2012/13 Caltrans Transportation Planning Grants. 11. Congressional Letter — Anaheim -Ontario Maglev Project (Sharon Neely, Deputy Executive Director, Strategy, Policy and Public Affairs) Recommended Action: Approve letter. Al SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii Attachment 23 Attachment 26 Attachment 77 Attachment 82 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MARCH 1, 2012 ACTION ITEMS - continued Page No. 12. Contract with South Coast Air Quality Management District (AQMD) to Attachment 88 Accept $300,000 in Grant funds for a Regional Plug -In Electric Vehicle (PEV) Infrastructure Plan (Wayne Moore, Chief Financial Officer) INFORMATION ITEMS 13. SB 659 (Padilla -Hernandez) and SB 654 (Steinberg) Regarding Redevelopment Authority (RDA) Abolishment Legislation Update (Sharon Neely, Deputy Executive Director, Strategy, Policy, and Public Affairs) Oral Update 14. Comparison of House (HR 7) and Senate (MAP 21) Transportation Attachment 90 Reauthorization Legislation (Sharon Neely, Deputy Executive Director, Strategy, Policy, and Public Affairs) CFO MONTHLY FINANCIAL REPORT (Wayne Moore, Chief Financial Officer) Attachment 101 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS CLOSED SESSION Public Employee Performance Evaluation: Government Code Section 54957 (b) Title: Executive Director ADJOURNMENT Please Note: The next meeting of the Executive/Administration Committee will be held on Wednesday, April 4, 2012, 12:00 p.m. in conjunction with the SCAG Regional Conference and General Assembly, April 4 — 5, 2012 at the Westin Bonaventure Hotel, 404 South Figueroa Street, Los Angeles, CA 90071. iii SOUTHERN CALIFORNIA e ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236.1800 f (213) 236-1825 www.scag.ca.gov Officers President Pam O'Connor, Santa Monica First Vice President Glen Becerra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community. Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glaab, Laguna Niguel No. 537 MEETING OF THE REGIONAL COUNCIL PLEASE NOTE TIME Thursday, March 1, 2012 12:15 p.m. - 2:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcido(a�scaq.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on -demand at www. s cag . ca . g ov/scagty Agendas & Minutes for the Regional Council are also available at: www.scaq.ca.gov/committees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tiibal Government representative within Southern California. 7.1.11 REGIONAL COUNCIL AGENDA MARCH 1, 2012 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT New Members New Committee Appointments Update From Washington, D.C. EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) California High Speed Rail Authority Memorandum of Understanding Update PRESENTATION Implications of the District Court Decision of the EPA Lawsuit on Transportation Control Measures Barry Wallerstein, Executive Director, Air Quality Management District Hasan Ikhrata, Executive Director, SCAG COMMITTEE REPORTS/ACTION ITEMS Page No. Executive/Administration Committee (EAC) Report (Hon. Pam O'Connor, Chair) 1. Approval of the Fiscal Year (FY) 2012/13 Comprehensive Budget Attachment 1 To view the entire OWP document: http://www.scag.ca.gov/owp/index.htm Recommended Action: 1) Approve the FY 2012/13 Comprehensive Budget, which includes the following components: The Draft Overall Work Program (OWP), the General Fund Budget and Membership Assessment, the Indirect Cost Budget, and the Fringe Benefit Budget; and 2) Authorize the release of the Draft OWP and the Indirect Cost Allocation Plan (ICAP) to Caltrans, initiate the 30 -day public comment period, and transmit the General Fund Budget and Membership Assessment to the General Assembly. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS l REGIONAL COUNCIL AGENDA MARCH 1, 2012 COMMITTEE REPORTS/ACTION ITEMS — continued Page No. Bylaws and Resolution Committee Report (Hon. Greg Pettis, Chair) 2. Consideration of Proposed Change to the SCAG Bylaws Recommended Action: Approve the proposed change to the SCAG Bylaws as submitted by the Bylaws and Resolutions Committee and forward to the General Assembly on April 5, 2012. Audit Committee Report (Hon. Greg Pettis, Chair) Community, Economic and Human Development Committee (CEHD) Report (Hon. Bill Jahn, Chair) Regional Housing Needs Assessment (RHNA) Subcommittee Report (Hon. Bill Jahn, Chair) Energy and Environment Committee (EEC) Report (Hon. Margaret Clark, Chair) Transportation Committee (TC) Report (Hon. Paul Glaab, Chair) Legislative/Communications and Membership Committee (LCMC) Report (Hon. Judy Mitchell, Chair) Attachment 52 3. SB 659 (Padilla -Hernandez) and SB 654 (Steinberg) Regarding Oral Update Redevelopment Authority (RDA) Abolishment Legislation Update CONSENT CALENDAR Approval Items 4. Minutes of the February 2, 2012 Meeting Attachment 81 5. SCAG Sponsorship of Annual Events: 1) University of California, Los Attachment 91 Angeles (UCLA) 2012 Complete Streets for California Conference., March 2, 2012, $1,250; 2) Association of California Cities, Orange County 2012 Board of Directors Installation Ceremony, April 11, 2012, $1,000 and 3) California Transportation Commission Reception, February 22, 2012, $500 SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 11 REGIONAL COUNCIL AGENDA MARCH 1, 2012 CONSENT CALENDAR/Approval Items — continued 6. Contracts $200,000 or Greater: Contract No. 12-025-C1 - Microsoft Dynamics Customer Relationship Management (CRM) System 7. Amendment $75..000 or Greater: Contract No. 09-031- Cl, SCAG's Activity Based Travel Demand Model 8. Amendment Greater Than 30% : Contract No. 11-007-C1, TransCAD Modeling Software 9. SCAG Board Representative Invitation to Participate in Rail Tour Delegation to Japan and China 10. Arroyo Seco Parkway Corridor Management Plan 11. California Department of Transportation FY 2012/13 Transportation Planning Grants 12. Contract with South Coast Air Quality Management District (AOMD) to accept $300,000 in Grant Funds for a Regional Plug -In Electric Vehicle (PEV) Infrastructure Plan 13. High Desert Corridor Partnership Memorandum of Understanding (MOU) 14. Congressional Letter — Anaheim -Ontario Maglev Project Receive & File 15. Contracts/Purchase Orders and/or Amendments Between $5,000 - $200,000 16. February 2012 State and Federal Legislative Update 17. Comparison of House (HR 7) and Senate (MAP 21) Transportation Reauthorization Legislation 18. Safe, Clean. and Reliable Drinking Water Supply Act of 2012 Bond Proposition INFORMATION ITEMS 19. CFO Monthly Report SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 111 Page No. Attachment 93 Attachment 96 Attachment 99 Attachment 102 Attachment 104 Attachment 107 Attachment 112 Attachment 114 Attachment 151 Attachment 157 Attachment 160 Attachment 171 Attachment 174 REGIONAL COUNCIL AGENDA MARCH 1, 2012 FUTURE AGENDA ITEM(S) ADJOURNMENT Please Note: The next meeting of the Regional Council will be a joint meeting with the Policy Committees on Wednesday, March 21, 2012 at the SCAG Los Angeles Office. The Regional Council will meet on April 4, 2012 at 12:30 p.m. in conjunction with the SCAG Regional Conference and General Assembly, April 4 - 5, 2012 that will be held at the Westin Bonaventure Hotel, 404 South Figueroa Street, Los Angeles, CA 90071. The General Assembly Reception will follow the Regional Council meeting. 4411 SOUTHERN CALIFORNIA ASSOCIATION ofGOVERNMENTS iv SOUTHERN CAL FORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 c(213) 236-1800 t (213) 236.1825 www.scag.ca.gov Officers President Pam O'Connor, Santa Monica First Vice President Glen Becerra, SimiValley Second Vice President Greg Penis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark. Rosemead Transportation Patti G)aab, Laguna Niguel MEETING OF THE TRANSPORTATION COMMITTEE PLEASE NOTE TIME Thursday, March 1, 2012 10:00 a.m. - 10:30 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido(c�scaq.ca.gov Agendas & Minutes for the Transportation Committee are also available at: www.scaq.ca.gov/committees/tc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We require at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible. The Regional Council is comprised 0184 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 7.1.11 TRANSPORTATION COMMITTEE AGENDA MARCH 1, 2012 The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as Information or Action Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Paul Glaab, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three (3) minutes. The Chair may limit the total time for all comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS CONSENT CALENDAR Time Page Approval Item 1. Minutes of the February 2, 2012 Meeting Attachment 1 Receive and File 2. Imperial County Highway Sanctions Update Attachment 8 ACTION ITEM 3. High Desert Corridor Partnership Memorandum of Understanding Attachment 10 mins. 10 (MOU) (Naresh Amatya, SCAG Staff) Recommended Action: Recommend that the Regional Council authorize the Executive Director to sign the High Desert Corridor Partnership MOU. INFORMATION ITEMS 4. Draft 2012 Regional Transportation Plan/Sustainable Communities Attachment 5 mins. 47 Strategy (RTP/SCS) Summary of Comments Received (Naresh Amatya, SCAG Staff) 5. Update on the State Route 241 (SR -241) Extension Project Attachment 5 mins. 48 (Transportation Corridor Agencies) TRANSPORTATION COMMITTEE AGENDA MARCH 1, 2012 Time Page REGIONAL TRANSPORTATION PLAN (RTP) SUBCOMMITTEE REPORT (Hon. Alan Wapner, Chair) 6. Regional Transportation Plan (RTP) Subcommittee Report Attachment 5 mins. 49 HIGH-SPEED RAIL (HSR) SUBCOMMITTEE REPORT (Hon. Keith Millhouse, Chair) 7. High -Speed Rail (HSR) Update Attachment 5 mins. 50 (Steve Fox, SCAG Staff) CHAIR'S REPORT (Hon. Paul Glaab, Chair) STAFF REPORT (Jonathan Nadler, SCAG Staff) FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS ADJOURNMENT The next meeting of the Transportation Committee will be held on Wednesday, March 21, 2012 at the SCAG Los Angeles Office. There will also be a Regional Council and Policy Committees Meeting to be held on March 21, 2012 at the SCAG Los Angeles Office. The 2012 Regional Council and General Assembly will be on April 4-5, 2012 at the Bonaventure Hotel in Downtown Los Angeles. 11 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 1(213)236.1800 1(213) 236-1825 www.scag.ca.gov Officers President Pain O'Connor, Santa Monica First Vice President Glen Becerra, Simi Valley Second Vice President Greg Penis, Cathedral City Immediate Put President Larry McCallon, Highland Executive/Administration Committee Chair Pain O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glaab, Laguna Niguel JOINT MEETING OF THE REGIONAL COUNCIL, COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION COMMITTEES PLEASE NOTE DATE AND TIME Thursday, March 1, 2012 10:30 a.m. — 12:00 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcido(c�scag.ca.gov. In addition, joint meetings of the Regional Council and Policy Committees may be viewed live or on -demand at www.scag.ca.gov/scagtv SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. SCAG is also committed to helping people with limited proficiency in the English language access the agency's essential public information and services. You can request such assistance by calling (213) 236-1993. We request at least 72 hours (three days) notice to provide reasonable accommodations. We prefer more notice if possible. We will make every effort to arrange for assistance as soon as possible The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. SPECIAL MEETING OF THE REGIONAL COUNCIL, COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION COMMITTEES AGENDA MARCH 1, 2012 10:30 a.m. — 12:00 p.m. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. DISCUSSION ITEM Overview of the Draft 2012-2035 Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS) and Program Environmental Impact Report (PEIR) Comments and Revision Approach All comments can be viewed at: htto://rtoscs.scaq.ca.gov/Pages/Draft-2012-2035-RTP-SCS.aspx ADJOURNMENT Attachment to be distributed under separate cover. The next meeting of the RC and Joint Policy Committees is scheduled for Wednesday, March 21, 2012, at the SCAG Los Angeles Office. The next meeting of the Regional Council will be held on Wednesday, April 4, 2012, 12:30 p.m., in conjunction with the SCAG Regional Conference and General Assembly, April 4 & 5, 2012 at the Westin Bonaventure, 404 South Figueroa Street, Los Angeles, CA 90071. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Item No. 18 Approvals City Attorney Director of Finance City Manager tar ,a CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: March 27, 2012 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of February 2012. PATROL SERVICES Overall calls for police service 2,182 "Priority One" calls for service 48 Average response time for "Priority One" calls 5.77 Minutes VOLUNTEERS Volunteer administration hours 192 Special Events hours 0 Community Action Patrol (CAP) hours 931 Reserve officer hours (patrol) 69 Training hours 346 Total Volunteer hours 1,537 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 1/1 Residential/Business security surveys conducted 0/0 Businesses visited 1 Residences/Businesses visited for past crime follow-up 0/2 Station Tour 0 Planning Review Projects/Temp Outdoor Use Permits 9/12 Square Footage of Graffiti Removed 1 922 OLD TOWN STOREFRONT Total customers served 169 Sets of fingerprints taken 43 Police reports filed 14 Citations signed off 32 Car Seat Inspections 0 Total receipts $3,283.00 PROBLEM ORIENTED POLICING TEAM (POP TEAM) On sight felony arrests 1 On sight misdemeanor arrests 0 Felony arrest warrants served 1 Misdemeanor arrest warrants served 0 Follow-up investigations 4 Parole/Probation Searches 1/2 Pedestrian Checks 11 Traffic StopsNehicle Checks 6 Crime Free Housing Checks 12 TRAFFIC Citations issued for hazardous violations 1066 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 26 Non -hazardous citations 361 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 160 Neighborhood Enforcement Team (N.E.T.) citations 52 Parking citations 235 School Zone 105 Seatbelts 34 Cell Phone Cites 98 Injury collisions 17 INVESTIGATIONS Beginning Caseload 132 Total Cases Assigned 92 Total Cases Closed 69 Search Warrants Served 13 Arrests 6 PROMENADE MALL TEAM Calls for service 632 Felony arrest/filings 9 Misdemeanor arrest/filings 29 Traffic Citations 42 Fingerprints/Livescans 99 Total receipts $6,222.00 SCHOOL RESOURCE OFFICERS Felony arrests 2 Misdemeanor arrests 8 Reports 13 Youth counseled 136 Meetings 75 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. I wish to speak on Agenda Item No. Subject nFor fl Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: 5ity),/i e/t% Phone: � `� 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. 3/7J/? I wish to speak on Agenda Item No. Subject ❑ For ❑ Against gPublic Comment (0 ritvion Please note that all information presented at a City Council meeting becomes public record. fiC/2 All information provided is optional. ut//,�J seCA Name: Phone: Address: 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 I wish to speak on Agenda Item No. /G Subject 1/7/7 6t ' /j/ �� c I } "J.yt.I E1111,-‘15. ❑ For ❑ rar-Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: sem-, w4, Phone: Address: State/Zip fV1 vi,,,,�(,t C 92. I-6 If you are representing an organization or group, please give the name: f;17/"41 &^r l �n/ �"'�"'�l .J 41A43., Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Cierk. 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. 312.7// I wish to speak on Agenda Item No. Subject EFor Against 121 Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: 101'en S)2nc€(' Phone: Address: 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 ` .1+17_01 - 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: 5\a Ycd ) NtcVL 'c40 Phone: Address: ( � � City/State/Zip ��1;e CLt kt 915QZ If you are representing an organization or group, please giveivthe name: Rwr.as Date 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. Please go to the public podium and state your name for the record. --3/4 I 0.1141(0-4- fJf(.10 For Against VI' 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: 14 Phone: (,• � City/State/Zip 47 ,1,(4‘4,4. 9 S9& If you are representing an organization or group, please give the name: WiN2E-,fi Address: 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. 3//iZ I wish to speak on Agenda Item No. Subject nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional: Name:E�yc Fin (13- Phone: 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. "/ice Subject U& 'FI1444:1 OLVID nit k-kblkAl ❑ 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: r lA A 4A1 kkkbil Phone: Address: City/State/Zip I wish to speak on Agenda Item No. ' y� ` ` If you are representing an organization or group, please give the name: 6-1/1-6t M� (±1449)11 Mi1L6P t td=t