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Home My WebLink About052212 CC AgendaIn 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 MAY 22, 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. 5:45 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 matter(s): 1) Conference with legal counsel—Potential litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(c) with respect to one matter of pending potential litigation and will discuss whether to initiate litigation against the County of Riverside relating to its certification of the Final Environmental Impact Report for the Liberty Quarry Project. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 12-04 Resolution: 12-37 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Joshua Jurkosky Invocation: Pastor Ted Leavenworth of Reliance Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington 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. 1 For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 8, 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 Financial Statements for the Nine Months Ended March 31, 2012 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2012. 2 5 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 5.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Support for SB 1186 (Steinberg & Dutton), at the request of Council Member Roberts RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 1186 (STEINBERG & DUTTON) AIMED TO HELP CALIFORNIA BUSINESSES COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITY ACT WITHOUT FRIVOLOUS LAWSUITS 7 Agreement for funding the acquisition of open space property (APN 940-300-026) between Western Riverside County Regional Conservation Authority and the City of Temecula RECOMMENDATION: 7.1 Accelerate the appropriation and funding in the amount of $119,000 from Development Impact Fee Open Space from Fiscal Year 2012-13 to Fiscal Year 2011-12; 3 7.2 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (APN 940-300-026) 8 Cooperative Agreement between the City of Temecula and the Temecula Community Services District RECOMMENDATION: 8.1 Approve a Cooperative Agreement for the purchasing of supplies, equipment and services, and for providing maintenance and construction services for City affiliated entities. 9 Amendments to Annual Agreements for various services required by the Public Works Street Maintenance Division for Fiscal Year 2012-13 RECOMMENDATION: 9.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for routine street maintenance and emergency services for various Street Maintenance Division needs. General Engineering Contractor Services CalMat Co. dba Vulcan Materials Company $100,000 Main Street Signs $75,000 Traffic Striping Pacific Striping, Inc. $330,000 Vehicle/Equipment Maintenance Don Blakely dba Blakely's Truck Service $30,000 10 Amendments to Annual Agreements for various services required by the Public Works Capital Improvements Projects (CIP) Division for Fiscal Year 2012-13 RECOMMENDATION: 10.1 Approve the amendments to the following annual agreements in the amounts stated for Fiscal Year 2012-13 for routine services for various Public Works CIP Division needs on as needed basis. Appraisal Services California Property Specialists, Inc. $50,000 Epic Land Solutions, Inc. $50,000 4 Geotechnical Services Construction Testing & Engineering, Inc. Converse Consultants, Inc. Leighton Consulting, Inc. Title Services Chicago Title Engineering & Survey Services RBF Consulting, Inc. Harris & Associates, Inc. $100,000 $100,000 $100,000 $40,000 $100,000 $100,000 Landscape and Plan Check Services David Neault Associates, Inc. $ 100,000 11 Acceptance of Improvements and Notice of Completion for the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11 RECOMMENDATION: 11.1 Accept the construction of the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11, as complete; 11.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 12 Agreement with Bonterra Consulting for environmental mitigation services for the French Valley Parkway/Interstate 15 Interchange Project, PW07-04 and PW02-11 RECOMMENDATION: 12.1 Approve the Agreement for Consultant Services with Bonterra Consulting in an amount not to exceed $165,060 to provide biological & annual monitoring and reporting services for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project; 12.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $16,506, which is 10% of the agreement amount. 5 13 First Amendment to the Utility Agreement with Southern Californian Edison for Phase I of the French Valley Parkway/Interchange Project, PW07-04 RECOMMENDATION: 13.1 Approve the First Amendment to the Utility Agreement with Southern California Edison in an amount riot to exceed $51,110.57 to perform construction related activity associated with the relocation of electrical utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. 14 Agreement with Marine Biochemist for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond RECOMMENDATION: 14.1 Approve an Agreement for Minor Maintenance Services for the Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond with Marine Biochemist, a business of Arch Chemicals, Inc., in the amount of $56,800 for Fiscal Year 2012-13. 15 Resolution of Intent to create a Murrieta Creek Joint Powers Authority RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING ITS INTENT TO CREATE A MURRIETA CREEK JOINT POWERS AUTHORITY 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 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of May 8, 2012. 17 Financial Statements for the Nine Months Ended March 31, 2012 RECOMMENDATION: 17.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2012. 7 18 Cooperative Agreement between the Temecula Community Services District and the City of Temecula. RECOMMENDATION: 18.1 Approve a Cooperative Agreement for the purchasing of supplies, equipment and services, and for providing maintenance and construction services for City affiliated entities. 19 Amendments to Annual Agreements for various services required by the Maintenance Division for Fiscal Year 2012-13 RECOMMENDATION: 19.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for routine and emergency services for various Maintenance Division needs. General Maintenance Contract Services Craftsmen Plumbing, Heating & Cooling, Inc. $200,000 Del Rio Enterprise, Inc. $100,000 Moore Fence Company, Inc. $100,000 Strong's Painting $100,000 Witcher Electric $100,000 T.D. Grogan Construction, Inc. $50,000 Power Distributors, Inc. $50,000 Musco Sports Lighting, LLC $50,000 20 Acceptance of Improvements and Notice of Completion for the Margarita Road Right -of - Way Enhancements, PW10-04 RECOMMENDATION: 20.1 Accept the construction of the Margarita Road Right -of -Way Enhancements, PW10-04, as complete; 20.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the final contract amount; 20.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 8 21 User Fees proposed for City Facility (formerly YMCA) RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING SCHEDULE OF FEES FOR THE RECREATIONAL CITY FACILITY LOCATED AT MARGARITA COMMUNITY PARK (FORMERLY YMCA) CSD DEPARTMENTAL REPORT 22 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Budget Workshop: Wednesday, May 23, 2012, at 9:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, June 12, 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. 9 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. SARDA 12-01 Resolution: No. SARDA 12-11 CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS A total of 15 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 Agency 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. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 23 Action Minutes RECOMMENDATION: 23.1 Approve the action minutes of April 24, 2012. 24 Financial Statements for the Seven Months Ended January 31, 2012 RECOMMENDATION: 24.1 Receive and file the Financial Statements for the Seven Months Ended January 31, 2012. 10 SARDA BUSINESS 25 Third Amendment to the Farmers' Market License Agreement between the Successor Agency to the Temecula Redevelopment Agency and Farmers' Market Management, Inc. for use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT FOR USE OF THE PUBLIC PARKING LOT LOCATED AT THE NORTHWEST CORNER OF MERCEDES STREET AND SIXTH STREET SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, June 12, 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. 11 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 12 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 26 Local Vendor Preference Program RECOMMENDATION: 26.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 3.30 TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL VENDOR PREFERENCE PROGRAM AND AMENDING SECTIONS 3.28.020, 3.28.220, 3.28.260, AND 3.32.010 OF THE TEMECULA MUNICIPAL CODE TO INTEGRATE THE LOCAL VENDOR PREFERENCE POLICY INTO THE CITY'S PURCHASING SYSTEM 26.2 Authorize staff to pursue a study within six months of implementation of the Local Vendor Preference Program to accurately quantify the local and regional economic benefits of the program. 27 Resolution approving and authorizing the execution of a Lease Termination Agreement with the YMCA of Riverside City and County, Inc. and the appropriation of funds required to purchase the facility (at the request of Park and Recreation Ad Hoc Subcommittee Members Chuck Washington and Jeff Comerchero) RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE TERMINATION AGREEMENT WITH YMCA OF RIVERSIDE CITY AND COUNTY, INC. REGARDING THE YMCA BUILDING LOCATED IN MARGARITA COMMUNITY PARK 27.2 Appropriate $1,609,915 for purchase of the facility to be funded with an advance from General Fund reserves and subsequent repayment from Park and Recreation Development Impact Fees (DIF). DEPARTMENTAL REPORTS 28 City Council Travel/Conference Report - April 2012 29 Economic Development Department Monthly Report 13 30 Planning Department Monthly Report 31 Police Department Monthly Report 32 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Budget Workshop: Wednesday, May 23, 2012, at 9:00 AM, for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, June 12, 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 in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — 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 the City Clerk's Department, (951) 694-6444. 14 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 8, 2012 — 7:00 PM 6:00 P.M. — The City Council/Successor Agency to the Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) 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 the sale of this property are: Agua Caliente Inc., Wild Rivers Temecula, LLC, 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. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 41375 McCabe Court, Temecula, California and identified as Assessor's Parcel Number 910-262-008 in connection with the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, PW02-11. The negotiating parties are the City of Temecula and Mike Kupka. Negotiators for the City of Temecula are: Greg Butler and Amer Attar. Under negotiation are the price and terms. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties to the negotiations for the acquisition of this building are: YMCA of Riverside City and County and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Aaron Adams, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. 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: To Be Announced Invocation: Pastor Steve Redden of Crosspoint Church Flag Salute: Council Member Comerchero 1 ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Cal State San Marcos Presentation National Public Works Week Proclamation Drug Free Video Presentation PUBLIC COMMENTS • Ron Owens • Lorena Spencer • Chuck Rear • Mark Margolin & Greg Prudhomne CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of April 24, 2012. 3 List of Demands - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 12-35 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 March 31, 2012 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2012. 5 Escrow Agreement — United States Army Corps of Engineers; Security for the French Valley Parkway Project's Environmental Mitigation, PW07-04 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Approve the Escrow Agreement with the United States Army Corps of Engineers and Union Bank, N.A. to establish an escrow account in the amount of $600,000. 6 Temporary Street Closures for 2012 Summerfest Events - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2012 Summerfest Events: `WESTERN DAYS' `OLD TOWN TEMECULA STREET PAINTING FESTIVAL' `4TH OF JULY PARADE' `4TH OF JULY FIREWORKS' 'HOT SUMMER NIGHTS CONCERT IN THE PARK' 7 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program — Winchester Road, PW10-11 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve an increase to the contingency of the Pavement Rehabilitation Program, Winchester Road, PW10-11, in the amount of $68,626.04 and increase the City Manager approval authority by that same amount; 3 7.2 Accept the construction of the Pavement Rehabilitation Program, Winchester Road, PW10-11, as complete; 7.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 7.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 Professional Services Agreement for the Design of the Temecula Community Center Renovation, PW12-01 - Approved Staff Recommendation (4-0-1, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Edwards abstaining. RECOMMENDATION: 8.1 Approve a transfer and an appropriation of $183,715 from the Old Town Gymnasium to the Temecula Community Center Renovation; 8.2 Approve an Agreement with Williams Architects, Inc. in the amount of $130,650 for the design of the Temecula Community Center Renovation, PW12-01; 8.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,065, which is equal to 10% of the agreement amount. 9 Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09 - Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the transfer of the balance of Proposition 1B funds totaling $259,516, from the Capital Improvement Funds (210 Account) for Road and Storm Drain Repair at Rancho California Road ($37,995); Road Reconstruction at Jedediah Smith Road, Cabrillo Avenue, and Vallejo Avenue ($19,163); and Citywide Slurry Seal Project Fiscal Year 2009-10 ($202,358), to the General Fund for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09; 9.2 Approve the appropriation and transfer of $511,355 from the Gas Tax Fund Balance to the General Fund for the Citywide Slurry Project Fiscal Year 2011-12, PW11-09; 9.3 Award the construction contract for the Citywide Slurry Seal Project Fiscal Year 2011-12, PW11-09, portions of Paseo Del Sol, California Sunset, Rainbow Canyon, and Starlight Ridge areas, to American Asphalt South, Inc. in the amount of $700,791.50; 4 9.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $70,079.15, which is equal to 10% of the contract amount; 9.5 Make a finding that the Citywide Slurry Seal Project Fiscal Year 2011-12 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. RECESS At 7:33 P.M., the City Council convened as the Temecula Community Services District. At 7:36 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 15 Purchase and Sale Agreement between the City of Temecula and Wild Rivers Temecula LLC for the sale of approximately 19.7 acres located northwesterly of Diaz Road and Dendy Parkway (APN 909-370-002) - Approved Staff Recommendation (5-0-0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 12-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) By way of a Power Point presentation, Patrick Richardson, Director of Planning & Development, presented the staff report as per agenda material. The following individual addressed the City Council with regard to this item: • Bret Kelley CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported in respect to Item No. 1 the sale was concluded this evening under Council Business. With respect to Item No. 2 Council direction was given to City Attorney for completion of the negotiations. With respect to Item No. 3, Council direction was given to City Attorney for negotiations and no final action will be taken on the property until it comes back to Council for consideration in open session. 5 ADJOURNMENT At 8:07 P.M., the City Council meeting was formally adjourned to Tuesday, May 22, 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 Por CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 22, 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 $3,710,590.66. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May 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 22nd day of May 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 04/26/2012 TOTAL CHECK RUN $ 1,287,445.29 05/03/2012 TOTAL CHECK RUN 2,025,820.89 04/26/2012 TOTAL PAYROLL RUN: 397,324.48 TOTAL LIST OF DEMANDS FOR 05/22/2012 COUNCIL MEETING: $ 3,710,590.66 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,660,273.60 130 RECOVERY ACT JAG FUNDING 11,347.05 131 ENERGY EFFICIENCY CONSERVATION GRANT 2,850.00 165 AFFORDABLE HOUSING 13,714.78 190 TEMECULA COMMUNITY SERVICES DISTRICT 236,703.82 192 TCSD SERVICE LEVEL B 391.99 194 TCSD SERVICE LEVEL D 1,314.63 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,661.97 197 TEMECULA LIBRARY FUND 11,477.04 210 CAPITAL IMPROVEMENT PROJECTS FUND 174,903.00 300 INSURANCE FUND 2,177.31 320 INFORMATION TECHNOLOGY 101,822.30 330 SUPPORT SERVICES 12,703.67 340 FACILITIES 44,165.75 477 CFD- RORIPAUGH 2,924.40 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 134.75 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 125.87 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 143.49 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 34.96 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 211.98 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 69.87 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 79.98 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,286.32 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 23.43 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 32.81 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 28.44 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 887.98 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 190.85 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 85.90 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 39.01 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 262.42 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 25.25 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 288.75 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 129.73 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 815.14 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 549.55 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 33.92 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 31.57 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 369.22 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 73.41 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 53.18 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 33.77 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 25,747.47 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 45.85 $ 3,313,266.18 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 239,958.88 165 AFFORDABLE HOUSING 11,434.26 190 TEMECULA COMMUNITY SERVICES DISTRICT 100,619.09 192 TCSD SERVICE LEVEL B 374.12 194 TCSD SERVICE LEVEL D 1,637.60 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 936.92 197 TEMECULA LIBRARY FUND 1,218.04 300 INSURANCE FUND 1,380.15 320 INFORMATION TECHNOLOGY 19,682.03 330 SUPPORT SERVICES 5,928.18 340 FACILITIES 12,013.28 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 78.79 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 52.77 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 62.66 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.41 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 127.12 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.12 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 32.61 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 215.81 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.67 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.77 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 5.89 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 144.00 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 30.60 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 17.63 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 15.51 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 35.92 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.91 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 133.41 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 71.39 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 193.38 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 327.47 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.11 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.61 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 184.19 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 59.50 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.67 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.61 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 271.49 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.91 397,324.48 TOTAL BY FUND: $ 3,710,590.66 apChkLst Final Check List Page: 1 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1905 04/26/2012 000444 INSTATAX(EDD) UNEMP & TRAINING TAX 1ST QTR 2012 81,204.15 81,204.15 1912 04/26/2012 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,360.47 11,36047 SOLUTION 1913 04/26/2012 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 131,807.90 131,807.90 RETIREMENT) 1914 04/26/2012 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,589.16 2,589.16 SOLUTION 1915 04/26/2012 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 151620 04/26/2012 014531 ALLEN EMBROIDERY SERVICE 50% dep: tcsd volunteertshirts Uniforms: code enf uniforms: b&s 151621 04/26/2012 006915 ALLIES PARTY EQUIPMENT 151622 04/26/2012 002187 ANIMAL FRIENDS OF THE VALLEYS 151623 04/26/2012 002648 AUTO CLUB OF SOUTHERN CALIF 151624 04/26/2012 014210 BROWNE, BORTZ & CODDINGTON INC 151625 04/26/2012 004462 C D W GOVERNMENT INC 151626 04/26/2012 013265 CALIF BUILDING 151627 04/26/2012 000638 CALIF DEPT OF CONSERVATION 151628 04/26/2012 000131 CARL WARREN & COMPANY INC 151629 04/26/2012 014726 CHAPTER 13 STANDING TRUSTEE 151630 04/26/2012 004405 COMMUNITY HEALTH CHARITIES 1,009.38 293.08 52.80 1,355.26 equip rental:mpsc mothers day tea 274.47 274.47 Feb animal control svcs 10,000.00 10,000.00 newmbrshp: Schaefer, Lawrence 48.00 48.00 Mar cnslt svcs: RDA 450.00 450.00 (20) hp computers: Library 17,285.37 17,285.37 1st qtr pymt SB1473 2012 677.00 677.00 20121st Qtr pmt:strong motion 1,639.67 1,639.67 Mar claims mgmnt svcs:fnance 1,200.81 1,200.81 SUPPORT PMT 182.77 182.77 Community Health Charities Payment 51.00 51.00 Pagel apChkLst Final Check List Page: 2 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151631 04/26/2012 000442 COMPUTER ALERT SYSTEMS panic button install: civic center 320.00 alarm power supply svc: theater 151632 04/26/2012 008943 DEPT OF GENERAL SERVICES ALJ hrs:leisure/hawaiian/gold spa (DGS) 151633 04/26/2012 004192 DOWNS COMMERCIAL FUELING INC 320.00 640.00 2,576.00 2,576.00 Fuel for City vehicles: TCSD 2,055.08 Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: TCSD 151634 04/26/2012 004799 E C S IMAGING INC license renewal: Laserfiche 151635 04/26/2012 001056 EXCEL LANDSCAPE Apr landscape maint: city facilities landscape maint: civic center landscape improvements: library 151636 04/26/2012 012633 FAITH AUTO GLASS&TINTING rear window install: backhoe 151637 04/26/2012 000478 FAST SIGNS signage: TV museum exhibits 151638 04/26/2012 014799 FENTON, DE ANA refund:sec dep:rm rental:Harveston 151639 04/26/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 151640 04/26/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 4/21 151641 04/26/2012 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES: TCSD INC 1,925.50 496.08 396.54 386.73 355.21 192.72 154.05 5,961.91 9,529.86 9,529.86 9,443.13 1,490.00 325.00 150.00 88.89 150.00 50.00 116.25 2,340.27 11,258.13 150.00 88.89 150.00 50.00 116.25 Office Supplies: Fire 1,007.02 OFFICE SUPPLIES: TCSD 565.61 3,912.90 151642 04/26/2012 014436 GOLDEN ARROW Apr const: CRC energy retrofit 101,002.50 101,002.50 ENGINEERING, INC 151643 04/26/2012 005311 H2O CERTIFIED POOL WATER pool maint svcs: crc 1,277.60 1,277.60 SPCL. 151644 04/26/2012 000186 HANKS HARDWARE INC Hardware supplies: CRC 72.97 Hardware supplies: Skate Park 51.07 124.04 Page2 apChkLst Final Check List Page: 3 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151645 04/26/2012 013749 HELIXSTORM INC. Description Amount Paid Check Total VDI CNSLT SVCS: INFO TECH spiceworks cnslt svcs: Info Tech credit: 50% cnslt svc contract 5,700.00 3,325.00 -2,850.00 6,175.00 151646 04/26/2012 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 6,644.51 6,644.51 303355 151647 04/26/2012 004833 IMPERIAL PAVING COMPANY asphalt r&r: stampede parking lot 14,581.00 14,581.00 INC 151648 04/26/2012 014750 INFOGROUP infogroup business list: econ dev 500.00 500.00 151649 04/26/2012 006606 LENNAR HOMES -INLAND refund:eng grad dep:LD10-047GR 50,000.00 50,000.00 DIVISION 151650 04/26/2012 014796 LOWR EY, BETSY reimb:(7) sos liberty quarry photobooks 420.00 420.00 151651 04/26/2012 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINT 332.95 332.95 151652 04/26/2012 006146 MT SAN JACINTO COMMUNITY Entertainment: Winterfest 12/18 300.00 300.00 151653 04/26/2012 006745 MUNICIPAL MAINTENANCE Veh repair & maint:pw patch truck 360.00 360.00 151654 04/26/2012 004490 MUSCO SPORTS LIGHTING INC Install lighting sys:rrsp & pala park 18,085.00 18,085.00 151655 04/26/2012 001986 MUZAK LLC May music broadcast:Old Town 123.18 123.18 151656 04/26/2012 014798 MYERS, DEBI refund:sec dep:rm rental:Harveston 200.00 200.00 151657 04/26/2012 002925 NAPA AUTO PARTS Veh repair & maint: Sta 84 92.87 Veh repair & maint: Sta 92 31.00 123.87 151658 04/26/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Fire Prev 780.79 780.79 151659 04/26/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD 151660 04/26/2012 004538 PAULEY EQUIPMENT Equip rental: code enforcement COMPANY 151661 04/26/2012 000249 PETTY CASH Petty Cash for Ticket Office 460.81 265.82 36.27 762.90 335.00 335.00 100.00 100.00 Pages apChkLst Final Check List Page: 4 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151662 04/26/2012 012818 PLANETBIDS INC Online bid system renewal:info tech 151663 04/26/2012 010338 POOL & ELECTRICAL PRODUCTS INC 151664 04/26/2012 013725 PROCRAFT INC 151665 04/26/2012 004457 R J NOBLE COMPANY 151666 04/26/2012 000262 RANCHO CALIF WATER DISTRICT 17,894.06 17,894.06 pool supplies & chemicals: citywide 1,548.91 pool supplies & chemicals: citywide 340.56 maint supplies: civic center fountains 126.64 2,016.11 Door repair:crc 4,306.00 4,306.00 mar const:pavement rehab winchester rd 34,964.18 34,964.18 Apr var water meters:TCSD svc lev C 3,909.44 Apr var water meters:TCSD & PW Apr comm - meter:30875 Rancho vista Apr var water meters:Fire Stns Apr D.C. meter:30875 Rancho vista Apr Lndscp meter:30875 Rancho vista 151667 04/26/2012 000907 RANCHO TEMECULA CAR Mar vehicle detailing WASH 151668 04/26/2012 002110 RENTAL SERVICE CORPORATION 811.13 484.71 245.63 142.70 89.25 5,682.86 31.50 31.50 Equipment rental:PW 171.16 EQUIP RENTAL & MAINT:PW MAINT 42.94 credit:equipment rental/PW -171.16 42.94 151669 04/26/2012 000411 RIVERSIDE CO FLOOD FY11/12 cost -share NPDES permit 581,716.00 581,716.00 CONTROL agmint 151670 04/26/2012 001592 RIVERSIDE CO INFO Mar radio rental:police/park rangers 1,236.04 1,236.04 TECHNOLOGY 151671 04/26/2012 000355 RIVERSIDE CO REGISTRAR OF Petition Signature Verify: City Clerk 250.00 250.00 VOTE 151672 04/26/2012 000406 RIVERSIDE CO SHERIFFS Rod Run '12 patrol services 20,506.88 20,506.88 DEPT 151673 04/26/2012 001365 RIVERSIDE COUNTY OF renew permit:civic center 688.00 renew permit:crc 684.00 1,372.00 151674 04/26/2012 001097 ROADLINE PRODUCTS INC MISC MAINT SUPPLIES:PW MAINT 1,311.10 1,311.10 151675 04/26/2012 009196 SACRAMENTO THEATRICAL Dance floor: theater 5,545.12 5,545.12 LIGHTING 151676 04/26/2012 012665 SAFE -ENTRY TECHNICAL INC Equipment maint: Sta 92 322.01 322.01 Page4 apChkLst Final Check List Page: 5 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151677 04/26/2012 014789 SALVATION ARMY, THE 151678 04/26/2012 014800 SCHWARZ, TERESA 151679 04/26/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 151680 04/26/2012 009213 SHERRY BERRY MUSIC 151681 04/26/2012 000645 SMART & FINAL INC 151682 04/26/2012 000537 SO CALIF EDISON Description Amount Paid Check Total Appreciation & Awards 5/15 B.Johnson 30.00 30.00 refund:sec dep:rm rental:Harveston 150.00 150.00 SUPPORT PAYMENT 100.00 100.00 Jazz © the Merc 4/19/12 609.00 609.00 MISC SUPPLIES:MPSC 121.06 121.06 Mar 2-00-397-5059:Comm Svc UTL 8,294.27 Mar 2-27-560-0625:32380 Deerhollow 2,490.98 Apr 2-31-536-3655:41904 Main St 927.22 Apr 2-18-937-3152:28314 Mercedes 491.86 Mar 2-30-296-9522:31035 Rancho vista 282.12 Apr 2-31-536-3481:41902 Main St 214.26 Apr 2-28-904-7706:32329 Overland trl 133.56 Mar 2-28-331-4847:32805 Pauba rd LS3 102.96 Apr 2-19-171-8568:28300 Mercedes 56.12 Apr 2-21-981-4720:30153 Tem pkwy tpp 3246 Mar 2-33-357-5785:44747 Redhawk 25.90 Mar 2-30-099-3847:29721 Ryecrest 21.78 Apr 2-29-657-2787:41638 W nchester 21.26 13,094.75 151683 04/26/2012 001212 SO CALIF GAS COMPANY Apr 015-575-0195-2:32211 Wolf Vly Rd 188.68 Mar 055-475-6169-5:32380 Deerhollow 123.62 312.30 151684 04/26/2012 014101 SOLBACH, RESHMA Sketching wrkshp:history museum 4/28 125.00 125.00 151685 04/26/2012 000519 SOUTH COUNTY PEST Mar pest control srvcs:city fac's 816.00 816.00 CONTROL INC 151686 04/26/2012 005786 SPRINT Feb 26 -Mar 25 cellular usage/equip 4,917.78 4,917.78 151687 04/26/2012 011447 ST SAN DIEGO, LLC (13) mattresses: Sta 73 5,645.46 5,645.46 151688 04/26/2012 001546 STRAIGHT LINE GLASS install window film: civic center 5,096.20 5,096.20 151689 04/26/2012 013387 SWEEPING UNLIMITED INC Apr sweeping:Parking Structure 500.00 500.00 151690 04/26/2012 008804 SYMPRO INC 6/1/12-5/31/13 software renewal:Sympro 4,750.00 4,750.00 Pages apChkLst Final Check List Page: 6 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151691 04/26/2012 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Misc supplies: Skate Park 111.84 Misc supplies:mpsc 78.22 Misc supplies:childrens museum 39.56 Credit:misc supplies -Children's Museum -26.38 203.24 151692 04/26/2012 012265 TEMECULA ACE HARDWARE Hardware supplies: Sta 92 43.01 C/O Hardware supplies: Sta 92 30.96 73.97 151693 04/26/2012 003677 TEMECULA MOTORSPORTS MOTORCYCLE 520.65 LLC REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. 234.76 755.41 151694 04/26/2012 009194 TEMECULA VALLEYNEWS Mar advertising: theater 429.60 429.60 151695 04/26/2012 000306 TEMECULA VALLEY PIPE & Misc supplies:csd maint 4.22 4.22 SUPPLY 151696 04/26/2012 005970 TEMECULA VALLEY PLAYERS Blithe Spirit April' 12 1,659.33 1,659.33 151697 04/26/2012 010276 TIME WARNER CABLE May high speed internet:41000 Main St 4,345.04 Apr high speed intemet:32211 Wolf vly 102.17 4,447.21 151698 04/26/2012 002452 TOP LINE INDUSTRIAL Equip repair& maint:PW Maint 39.44 39.44 151699 04/26/2012 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 173.69 173.69 EDUCATION 151700 04/26/2012 011659 ULINE INC locker room benches: civic center 278.15 278.15 151701 04/26/2012 000325 UNITED WAY United Way Charities Payment 51.00 51.00 151702 04/26/2012 004261 VERIZON Marxxx-0074 general usage 2,525.52 Apr xxx-5072 general usage 1,402.78 3,928.30 151703 04/26/2012 004789 VERIZON Apr Internet svc: Library 174.99 Apr Internet svcs:Tem PD DSL 49.99 224.98 151704 04/26/2012 003730 WEST COAST ARBORISTS INC tree trim/removal srvcs: wolf creek 25,365.00 3/16-31 TREE TRIMMING SRVCS:PW MAI 12,410.00 Tree trimming services: var park sites 7,742.00 45,517.00 151705 04/26/2012 000621 WESTERN RIVERSIDE Oct -Dec '11 srvcs:Corridor pin/Jefferson 15,070.20 15,070.20 COUNCIL OF 151706 04/26/2012 009458 WIECHEC, MATTHEW ee computer program 848.44 848.44 Pages apChkLst Final Check List Page: 7 04/26/2012 2:59:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151707 04/26/2012 013791 WOOSLEY, RYAN refund:eng grad dep:LD10-047GR 2,750.00 2,750.00 Grand total for UNION BANK OF CALIFORNIA: 1,287,445.29 Page:7 apChkLst Final Check List Page: 8 04/26/2012 2:59:55PM CITY OF TEMECULA 93 checks in this report. Grand Total All Checks. 1,287,445.29 Pages apChkLst Final Check List Page: 1 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1910 04/26/2012 000444 INSTATAX (EDD) State Disability Ins Payment 21,630.23 21,630.23 1911 04/26/2012 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,675.79 75,675.79 151708 05/03/2012 004918 A W DIRECT INC equipment: Stn 12 158.65 158.65 151709 05/03/2012 004802 ADLERHORST INTERNATIONAL Mar training: PD K -9's Rudy/Astin 283.34 INC anti splash water bowl: PD Rudy 26.94 310.28 151710 05/03/2012 011322 AIR CLEANING SYSTEMS INC plymovement svc: Stn 73 577.50 577.50 151711 05/03/2012 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING SVCS: THEATER 170.00 170.00 151712 05/03/2012 014531 ALLEN EMBROIDERY SERVICE sales tax embroidered logos: tcsd 6.20 6.20 151713 05/03/2012 012943 ALPHA MECHANICAL SERVICE credit: billing adj labor s/b 80 per hr -17.50 INC 151714 05/03/2012 004422 AMERICAN BATTERY CORPORATION HVAC MAINT: THEATER 299.50 HVAC MAINT: CIVIC CENTER 3,124.00 HVAC repair: theater 400.86 HVAC MAINT: TCC 120.00 HVAC MAINT: TCC 97.00 HVAC MAINT: CH MUSEUM 201.00 HVAC MAINT: MPSC 235.00 HVAC MAINT: LIBRARY 729.00 HVAC repair: Stn 92 216.41 HVAC svcs: harveston 72.00 HVAC SVCS: PBSP 133.00 HVAC maint: Stn 84 211.00 HVAC maint: Stn 73 58.00 HVAC maint: Stn 92 292.00 6,171.27 signal batteries: pw traffic 274.96 274.96 151715 05/03/2012 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 762.84 (AFN) DUI & drug screenings: Police 453.80 1,216.64 151716 05/03/2012 000936 AMERICAN RED CROSS misc lifeguard supplies:aquatics 490.00 490.00 Pagel apChkLst Final Check List Page: 2 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151717 05/03/2012 014235 AND ALL THAT JAZZ Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 227.50 182.00 136.50 364.00 910.00 151718 05/03/2012 013950 AQUA CHILL OF SAN DIEGO Apr drinking water maint: police 26.94 Apr drinking water svc:civic center 148.70 175.64 151719 05/03/2012 014537 ASM AFFILIATES, INC Feb cultural monitoring:ped bridge 880.00 880.00 151720 05/03/2012 002541 BECKER CONSTRUCTION retention pond re -grade: pauba rd 4,780.00 4,780.00 SRVS INC 151721 05/03/2012 002377 BEST BUY COMPANY INC employee computer loan program 1,178.09 1,178.09 151722 05/03/2012 004262 BIO-TOX LABORATORIES 151723 05/03/2012 012583 BLANCA Y PRICE 151724 05/03/2012 014329 BOOK WHOLESALERS, INC DUI & drug screenings: Police DUI & drug screenings: Police Mar landscape pin ck svc: Planning credit: processing fees credit: returned product (32) BOOKS: LIBRARY (2) BOOKS: LIBRARY (1) BOOK: LIBRARY (6) BOOKS: LIBRARY 735.35 1,627.90 4,320.00 -2.26 -18.10 569.26 24.53 20.35 130.44 2,363.25 4,320.00 724.22 151725 05/03/2012 014299 BOOKS ON TAPE (1) BOOK ON TAPE: LIBRARY 24.24 (1) BOOK ON TAPE: LIBRARY 32.33 (1) BOOK ON TAPE: LIBRARY 32.33 88.90 151726 05/03/2012 000128 BROWN & BROWN INSURANCE HJUB9055L51212 Workers Comp 80,914.00 80,914.00 151727 05/03/2012 004778 BUREAU VERITAS NORTH Mar plan ck svcs: B&S 1,062.37 1,062.37 AMERICA 151728 05/03/2012 014718 BURT, KRISTA, A. TCSD Instructor Eamings 140.00 140.00 151729 05/03/2012 006908 C C & COMPANY INC entertainment: Cinco de Mayo 97.50 97.50 151730 05/03/2012 004462 C D W GOVERNMENT INC back-up tapes: info tech 1,166.91 scanner: police 478.29 1,645.20 151731 05/03/2012 012878 C S OFFICE INTERIORS ergonomic keyboard:cm reception 235.20 235.20 Page2 apChkLst Final Check List Page: 3 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151732 05/03/2012 003138 CAL MAT PW PATCH TRUCK MATERIALS 453.04 PW PATCH TRUCK MATERIALS 336.31 PW PATCH TRUCK MATERIALS 1,066.29 PW PATCH TRUCK MATERIALS 189.10 PW PATCH TRUCK MATERIALS 452.30 PW PATCH TRUCK MATERIALS 474.60 PW PATCH TRUCK MATERIALS 454.52 3,426.16 151733 05/03/2012 004248 CALIF DEPT OF DUI & drug screenings: police 1,820.00 1,820.00 JUSTICE-ACCTING 151734 05/03/2012 014273 CALIFORNIA PROPERTY relocation svcs:murr crk/ovedand 7,170.00 7,170.00 151735 05/03/2012 004971 CANON FINANCIAL SERVICES, May copier lease: civic center 3,004.54 INC Apr fire copier lease: Fire 182.55 3,187.09 151736 05/03/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 178.99 178.99 151737 05/03/2012 014801 CLACK, MICHELLE refund:appl w/d:PA11-0195 394.00 394.00 151738 05/03/2012 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: CRC 84.05 DIST. misc electrical supplies: CRC misc electrical supplies: Civic Ctr 96.98 280.15 461.18 151739 05/03/2012 001264 COSTCO WHOLESALE REFRESHEMENTS: CERTTRNG 265.80 television: Stn 84 2,170.09 2,435.89 151740 05/03/2012 010650 CRAFTSMEN PLUMBING & replace rain sys:ch musemftheater 685.00 685.00 HVAC INC 151741 05/03/2012 014364 CUNNINGHAM, GRISELDA CLEMENTINA 151742 05/03/2012 013347 D & W CONSULTING, INC. 151743 05/03/2012 013874 D D OFFICE PRODUCTS, INC 151744 05/03/2012 003272 DAISYWHEEL RIBBON COMPANY INC 151745 05/03/2012 001393 DATA TICKET, INC. 151746 05/03/2012 007057 DERN BACH, ESTHER MARIE TCSD Instructor Eamings 273.00 TCSD Instructor Eamings 364.00 637.00 cnslt svcs: city sphere/zoning parcels 2,650.00 2,650.00 copy paper: civic center 3,948.50 3,948.50 Plotter Ink and Paper Supplies 1,158.10 1,158.10 Mar parking citation svcs: Police 1,475.22 1,475.22 TCSD instructor earnings 731.50 731.50 Pages apChkLst Final Check List Page: 4 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151747 05/03/2012 003945 DIAMOND ENVIRONMENTAL SRVCS 151748 05/03/2012 004192 DOWNS COMMERCIAL FUELING INC 151749 05/03/2012 000395 ECONOMIC DEVELOPMENT CORP 151750 05/03/2012 011203 ENVIRONMENTAL CLEANING 151751 05/03/2012 000165 FEDERAL EXPRESS INC (Continued) Description Amount Paid Check Total May restroom svc: GOHS Apr restroom svc: Long Cyn Park Apr restroom svc: Veterans Park Apr restroom svc: Vail Ranch Park Apr restroom svc: Riverton Park Fuel for City vehicles: TCSD Fuel for City vehicles: Police '12 sponsorship: Civic Ctr 5/9/12 Apr restroom svc: tcsd parks Apr janitorial svcs: pd substation 3/12-4/9 city express mail services 151752 05/03/2012 000166 FIRST AMERICAN TITLE final sttlmnt: PW00-26 COMPANY 52.78 52.78 52.78 52.78 52.78 16.90 47.37 1,500.00 5,265.00 571.86 491.27 263.90 64.27 1,500.00 5,836.86 491.27 34.00 34.00 Page4 apChkLst Final Check List Page: 5 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151753 05/03/2012 003347 FIRST BANKCARD CENTER 010773 SWEET LUMPY BBQ LLC SJ meal: closed council mtg 3/13 279.71 010399 VOLKER LUTZ ENTERPRISE SJ meal: closed council mtg 3/27 198.26 INC 014583 PALUMBO'S RISTORANTE, LLC RJ meal: riverside transit mtg 3/28 123.27 014804 WEBSTAURANT STORE, THE RJ coffee carafe: cm/council mtg 46.92 010514 CAMPINI'S ITALIAN DELI GB meal: pub traff safety comm 3/19 48.50 014805 JC OIL INC GB gas: city vehicle 94.88 000515 TEMECULA VALLEY CHAMBER GB regist: state of the city (5) 200.00 OF 014806 SAFETYGEAR CORPORATION GB (8) safety vests: PW Lnd Dv 151.98 006952 PAYPAL AA Verisign Pay0ow Pro Transaction 212.10 000152 CALIF PARKS & RECREATION AA regist: ann'I awards 3/23 Fox, C 80.00 SOC 000152 CALIF PARKS & RECREATION AA regist: ann'I awards 3/23 Barnett,B 80.00 SOC 014750 INFOGROUP AA salesgenie.com dbase access:ED 166.67 007282 AMAZON.COM, INC AA dvds: library 28.98 007282 AMAZON.COM, INC AA dvds: library 99.94 000515 TEMECULA VALLEY CHAMBER PR regist: state of the city (2) 80.00 OF 006952 PAYPAL CW regist: 3rd dist econ dv 3/21 151754 05/03/2012 011145 FOSTER, JILL C. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 35.00 1,926.21 1,601.60 867.53 2,002.00 1,901.90 6,373.03 151755 05/03/2012 010326 G E MOBILE WATER, INC Apr rent power washer: Stn 73 25.86 Apr maint power washer: Stn 73 59.00 84.86 151756 05/03/2012 013076 GAUDET, YVONNE M. TCSD instructor earnings 184.80 184.80 151757 05/03/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc Apr '12 897.40 897.40 SOCIETY 151758 05/03/2012 005664 GOSCH TOWING & RECOVERY towing svc: Police 200.00 200.00 151759 05/03/2012 003792 GRAINGER maint supplies: Stn 84 1.82 1.82 Pages apChkLst Final Check List Page: 6 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 151760 05/03/2012 014402 GROEPPER, BROOKE Description Amount Paid Check Total TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 151761 05/03/2012 014363 HANSEN, SUSIE performance: cinco de mayo 151762 05/03/2012 001135 HEALTH POINTE MEDICAL GROUP INC 1,164.80 1,164.80 1,747.20 1,747.20 5,824.00 1,500.00 1,500.00 emp industrial care svcs: HR 239.05 emp industrial care svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR emp industrial care svcs: HR 141.71 402.03 191.71 181.69 191.71 1,347.90 151763 05/03/2012 006914 INNOVATIVE DOCUMENT PAPER & INK SUPPLIES: SUPPORT 99.52 SOLUTIONS SVCS PAPER & INK SUPPLIES: SUPPORT SVC: 184.04 283.56 151764 05/03/2012 003266 IRON MOUNTAIN OFFSITE Mar offsite media storage: records 475.31 475.31 151765 05/03/2012 013200 JAROTH INC May pay phone:duck pond,Library,CRC 212.64 212.64 151766 05/03/2012 012285 JOHNSTONE SUPPLY misc tools: civic center 182.55 182.55 151767 05/03/2012 000209 L & M FERTILIZER INC misc part/supplies: pwmaint 342.42 342.42 151768 05/03/2012 000482 LEIGHTON CONSULTING INC water park soils report: planning 1,708.80 1,708.80 151769 05/03/2012 004905 LIEBERT, CASSIDY& mandatory mgmt training: HR 2,000.00 WHITMORE Mar HR legal svcs for TE060-01 300.00 2,300.00 151770 05/03/2012 013982 MCI COMM SERVICE Aprxxx-0346 general usage 30.58 Aprxxx0714 gen usage:PD mall alarm 31.49 62.07 151771 05/03/2012 004141 MAINTEX INC Misc cleaning supplies:civic center 900.49 900.49 151772 05/03/2012 014184 MALCOLM SMITH Veh repair & maint:police 535.45 535.45 MOTORCYCLES, INC 151773 05/03/2012 004307 MARINE BIOCHEMISTS Apr water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 151774 05/03/2012 014392 MC COLLOUGH, JILL DENISE Apr plant rental &maint:library 200.00 Apr plant rental & maint:civic ctr 525.00 725.00 Pages apChkLst 05/03/2012 2:20:53PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151775 05/03/2012 011179 MC MILLIN REDHAWK LLC 151776 05/03/2012 012962 MILLER, MISTY 151777 05/03/2012 001892 MOBILE MODULAR 151778 05/03/2012 004586 MOORE FENCE COMPANY INC 151779 05/03/2012 014464 MSA SYSTEMS, INC 151780 05/03/2012 006745 MUNICIPAL MAINTENANCE 151781 05/03/2012 004238 MURRIETA, CITY OF 151782 05/03/2012 013375 MYERS-RUSSO, ERICA 151783 05/03/2012 002925 NAPA AUTO PARTS 151784 05/03/2012 014786 NORTH, KATHERINE MAY 151785 05/03/2012 003964 OFFICE DEPOT BUSINESS SVS DIV 151786 05/03/2012 002105 OLD TOWN TIRE & SERVICE (Continued) Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 4/12-5/11 modular bldg lease: OATC replace windscreen: marg tennis cts Citation Writers:Police Veh repair & maint:pw patch truck Ad cost:twin cities mrktg pgrm 4/16 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Misc parts & supplies:pw maint photography svc: 4 police Its photography svc: J.Hendershot,C.Dehart MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE MISC OFFICE SUPPLIES:FINANCE Misc office supplies:pd old town City stationery:History Museum MISC OFFICE SUPPLIES:PD MALL OFFIC MISC OFFICE SUPPLIES:PD MALL OFFIC MISC OFFICE SUPPLIES:CENTRAL SRV( CITY VEHICLE MAINT SVCS:PW MAINT City Vehicle Maint Svcs:PW Land Dev 151787 05/03/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 280.00 210.00 245.00 700.00 154.00 539.00 614.18 865.00 16,156.48 238.01 900.00 64.40 42.00 50.40 88.20 163.80 163.80 239.40 24.00 20.32 260.00 130.00 153.41 19.37 199.41 34.11 194.70 111.28 14.00 60.99 1,406.44 131.45 1,435.00 693.00 614.18 865.00 16,156.48 238.01 900.00 836.00 20.32 390.00 787.27 1,537.89 36.27 36.27 Page:7 apChkLst Final Check List Page: 8 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151788 05/03/2012 014619 OREGON BALLET THEATRE Performance: theater 5/11-12/12 151789 05/03/2012 001171 ORIENTAL TRADING COMPANY INC 15,300.00 15,300.00 Misc supplies:var special events 36.99 Misc supplies:var special events 216.74 Recreation supplies:cultural events 433.54 687.27 151790 05/03/2012 014802 PARACLETE FIRE & refund:dupl permit:F12-0355 679.00 679.00 151791 05/03/2012 000249 PETTY CASH Petty Cash Reimbursement 508.39 508.39 151792 05/03/2012 000947 RANCHO REPROGRAPHICS Reprographic srvcs:butterfield ext 155.16 155.16 151793 05/03/2012 014691 RAUDA, JOSE LUIS Entertainment:cinco de mayo festival 390.00 390.00 151794 05/03/2012 014351 RAYMOND WEISS ARTIST Performance: Theater 4/28/12 3,465.00 3,465.00 151795 05/03/2012 000411 RIVERSIDE CO FLOOD Mar permitfees:Ped/Bicycle Bridge 153.44 CONTROL Add'I deposit/permit fees:Main St Bridge 1,000.00 1,153.44 151796 05/03/2012 000406 RIVERSIDE CO SHERIFFS 02/09/12-03/07/12:law enforcement 1,514,596.30 1,514,596.30 DEPT 151797 05/03/2012 000357 RIVERSIDE CO pin ck deposit-butterfield stg IP 040234 5,000.00 5,000.00 TRANSPORTATION 151798 05/03/2012 001365 RIVERSIDE COUNTY OF Oct -Dec '11 vector control srvcs 1,766.72 1,766.72 151799 05/03/2012 014347 ROBERTS, PATRICIA G. TCSD Instructor Eamings 70.00 70.00 151800 05/03/2012 000873 ROBERTS, RONALD H. reimb: sister city visit Daisen, Japan 2,534.03 2,534.03 151801 05/03/2012 014591 ROLDAN FILMS Video taping srvcs:every 15 min pgrm 1,600.00 1,600.00 151802 05/03/2012 014803 RORIPAUGH VLY Condemnation/assignment agrmnt 98,917.26 98,917.26 RESTORATION LLC refunds 151803 05/03/2012 012251 ROTH, DONALD J. 151804 05/03/2012 000815 ROWLEY, CATHY TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 630.00 84.00 714.00 126.00 210.00 336.00 Pages apChkLst Final Check List Page: 9 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151805 05/03/2012 002226 RUSSO, MARY ANNE TCSD Instructor Eamings 700.00 TCSD Instructor Eamings 882.00 1,582.00 151806 05/03/2012 000277 S & S ARTS & CRAFTS INC Recreation supplies: cultural events 510.86 510.86 151807 05/03/2012 009213 SHERRY BERRY MUSIC Jazz © the Merc 4/26 409.50 409.50 151809 05/03/2012 000537 SO CALIF EDISON Apr2-31-536-3226:28690 Mercedes St 1,373.27 Apr 2-27-371-8494:42189 W nchester 33.39 Apr 2-29-224-0173:var Fire Stns 1,620.13 Apr 2-29-295-3510:32211 Wolf Vly Rd 720.69 Mar 2-30-520-4414:32781 Tem pkwy LS3 722.01 Apr 2-25-393-4681:41951 Moraga Rd 842.37 Apr 2-02-351-4946:41845 6th St 1,027.10 Apr 2-29-223-8607:42035 2nd St PED 445.32 Apr 2-34-333-3589:41702 Main St 23.84 Apr 2-29-933-3831:43230 Bus pk rk 1,371.77 Apr 2-32-903-8293:41000 Main St 9,987.55 Apr 2-31-912-7494:28690 Mercedes St 772.76 Apr 2-14-204-1615:30027 Front st rdio 34.82 Apr 2-31-404-6020:28771 OT Front St 1,377.92 Apr 2-28-629-0507:30600 Pauba Rd 5,723.61 Apr 2-02-502-8077:43210 Bus pk dr B 318.39 Apr 2-00-397-5042:43200 Bus pk dr #1 1,137.24 Apr 2-29-953-8447:31738 Wolf vly rd 21.91 Apr 2-30-220-8749:45850 N Wolf crk dr 422.95 Apr 2-29-657-2332:45538 Redwood Rd 22.16 Apr 2-29-458-7548:32000 Rancho calif 245.58 Apr 2-29-953-8082:31523 Wolf vly rd 24.23 Apr 2-29-953-8249:46497 Wolf crk dr 23.59 Apr 2-29-807-1093:28079 Diaz Rd PED 23.62 Apr 2-29-807-1226:28077 Diaz Rd PED 23.74 Apr 2-31-031-2616:27991 Diaz Rd PED 24.00 Apr 2-31-282-0665:27407 Diaz Rd PED 24.13 Apr 2-31-419-2873:43000 Hwy -395 23.49 Apr 2-00-397-5067:TCSD svc lev C 1,894.53 30,306.11 Page9 apChkLst 05/03/2012 2:20:53PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 151810 05/03/2012 001212 SO CALIF GAS COMPANY 151811 05/03/2012 014783 SOFTRESOURCES, LLC 151812 05/03/2012 014042 SOLID ROCK DESIGNS 151813 05/03/2012 000519 SOUTH COUNTY PEST CONTROL INC 151814 05/03/2012 002366 STEAM SUPERIOR CARPET CLEANING 151815 05/03/2012 012265 TEMECULA ACE HARDWARE C/O 151816 05/03/2012 003677 TEMECULA MOTORSPORTS LLC 151817 05/03/2012 004209 TEMECULA SUNRISE ROTARY FOUND. 151818 05/03/2012 003941 TEMECULA WINNELSON COMPANY 151819 05/03/2012 010276 TIME WARNER CABLE (Continued) Description Amount Paid Check Total Mar 125-244-2108-3:30600 Pauba Rd Mar 129-582-9784-3:43230 Bus pk dr Mar 133-040-7373-0:Maint Fac Apr 055-461-2483-4:40135 Village Rd Mar 021-725-0775-4:41845 6th St Mar 026-671-2909-8:Comm Theater Mar 101-525-0950-0:Comm Center Mar 091-024-9300-5:30875 Rancho vista Mar 129-535-4236-7:Civic Center Mar 196-025-0344-3:C. Museum Mar 181-383-8881-6:28314 Mercedes Apr 091-085-1632-0:TES Pool Apr 101-525-1560-6:27415 Enterprise Apr 095-167-7907-2:30650 Pauba Rd Mar consultant srvcs:new permit sys T-shirts:every 15 minutes pgrm pest control srvcs/bees: civic center Pest control srvcs:oatc PEST CONTROL SRVCS:PBSP pest control srvcs:duck pond 4/16 Carpet cleaning srvcs: Sta 92 REPLACE CARPET AT GYM ENTRY:CRC furnish & install carpet: crc offices new carpet: crc rehab Hardware supplies: Sta 92 MOTORCYCLE REPAIR/MAINT:TE M. P.D. Jan -Mar bus bench install & maint:PW plumbing supplies: crc Misc plumbing supplies:csd maint May high speed internet:Library May high speed internet:42081 Main St May high speed internet:40135 Village Rd 151820 05/03/2012 014204 U S HOME CORPORATION refund:bal on trust acct 6000:Stratford 251.44 221.17 20.78 36.18 157.84 259.74 49.97 1,307.06 826.96 36.63 37.54 1,259.71 231.43 183.06 10,830.20 1,445.31 94.00 48.00 70.00 94.00 605.00 285.00 1,500.00 1,973.00 5.65 827.91 3,000.00 157.10 10.23 531.75 58.49 224.95 4,879.51 10,830.20 1,445.31 306.00 4,363.00 5.65 827.91 3,000.00 167.33 815.19 10,130.91 10,130.91 Page:10 apChkLst Final Check List Page: 11 05/03/2012 2:20:53PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 151821 05/03/2012 002702 U S POSTAL SERVICE Mar postage meter deposit 2,943.36 2,943.36 151822 05/03/2012 004789 VERIZON Apr Internet svcs:Harveston Center 81.90 81.90 151823 05/03/2012 014486 VERIZON WIRELESS 3/16-4/15 gen usage:Council, PD, IT 266.07 266.07 151824 05/03/2012 006248 WALKER, JESSICA TCSD Instructor Eamings 280.00 280.00 151825 05/03/2012 012343 WEST COAST PERFORMING Crooners: A Rat Pack Tribute 4/29 5,574.96 5,574.96 Grand total for UNION BANK OF CALIFORNIA: 2,025,820.89 Pagel 1 apChkLst Final Check List Page: 12 05/03/2012 2:20:53PM CITY OF TEMECULA 119 checks in this report. Grand Total All Checks. 2,025,820.89 Page:12 Item No. 4 Approvals City Attorney Director of Finance City Manager 2670 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 22, 2012 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2012 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Nine Months Ended March 31, 2012. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the nine months ended March 31, 2012. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various Funds FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Nine Months Ended March 31, 2012 3. Combining Statement of Net Assets as of March 31, 2012 4. Combining Statement of Revenues, Expenses and Changes In Net Assets for the Nine Months Ended March 31, 2012 5. Statement of Net Assets - Fiduciary Fund as of March 31, 2012 6. Statement of Changes in Fiduciary Net Assets for the Nine Months Ended March 31, 2012 CITY OF TEMECULA Combining Balance Sheet as of March 31, 2012 and Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Nine Months Ended March 31, 2012 and Combining Statement of Net Assets as of March 31, 2012 and Combining Statement of Revenues, Expenses and Changes In Net Assets for Nine Months Ended March 31, 2012 and Statement of Net Assets - Fiduciary Fund as of March 31, 2012 and Statement of Changes in Fiduciary Net Assets for the Nine Months Ended March 31, 2012 (Unaudited) Prepared by the Finance Department CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2012 General Gas Tax Fund Fund ASSETS: State Transport. Fund Energy DIF Fees Recovery Efficiency CDBG Fund JAG Fund Conserv. Fund Grant Cash and Investments $ 30,079,425 $ 872,237 $ 4,915,154 Receivables 6,535,833 173,836 8,975 28,507 14,798 31,673 Due from Other Funds 42,899 Advances to Other Funds 1,277,496 Deposits 1,325 Inventory 3,058 TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABILITIES: $ 37,940,036 $ 1,046,073 $ - $ 4,924,129 $ 28,507 $ 14,798 $ 31,673 Due to Other Funds $ - $ - $ - $ - $ 28,507 $ 9,098 $ 31,673 Other Current Liabilities 9,030,791 - - 17,659 5,700 Deferred Revenue 3,817,781 - - - - TOTAL LIABILITIES 12,848,572 - - 17,659 28,507 14,798 31,673 FUND BALANCES: Nonspendable: Advances to Other Funds 1,277,496 Deposits 1,325 Inventory 3,058 Land Held for Resale Notes and Loans Prepaid Costs Restricted For: Community Development Projects - - 4,906,470 Capital Projects Debt Service - Dutch Villages 150,000 Parks and Recreation - Public Works 1,046,073 Committed To: Contractual Obligation -Encumbrances 1,141,804 Economic Uncertainty 10,642,975 Assigned To: Capital Projects 5,211,089 - Compresensive Annual Leave 1,987,201 Secondary Reserves 1,512,761 Theater Reconstruction 2,879,175 Unrealized Gains 284,580 1,738 Unassigned (1,738) TOTAL FUND BALANCES 25,091,464 1,046,073 4,906,470 TOTAL LIABILITIES and FUND BALANCES $ 37,940,036 $ 1,046,073 $ - $ 4,924,129 $ 28,507 $ 14,798 $ 31,673 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2012 AB2766 SLESF Measure A Fund Fund Fund ASSETS: Capital Project Fund Debt Service Fund TOTAL Cash and Investments $ 217,695 $ - $ 4,913,614 $ 16,165,139 $ - $ 57,163,264 Receivables 578 356,536 176,250 $ 7,326,986 Due from Other Funds - - 29,578 - $ 72,477 Advances to Other Funds $ 1,277,496 Deposits - - - - $ 1,325 Inventory $ 3,058 TOTAL ASSETS $ 218,273 $ - $ 5,270,150 $ 16,370,967 $ - $ 65,844,606 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ $ $ - $ - $ $ 69,278 Other Current Liabilities 7,783 914,880 9,976,813 Deferred Revenue - - 3,817,781 TOTAL LIABILITIES 7,783 914,880 13,863,872 FUND BALANCES: Nonspendable: Advances to Other Funds 1,277,496 Deposits - - - 1,325 Inventory 3,058 Land held for resale - - - Notes and Loans Prepaid Costs - - - - Restricted For: Community Development Projects - - 4,906,470 Capital Projects 218,273 4,921,950 5,140,223 Debt Service - - - - Dutch Villages 150,000 Parks and Recreation - - - - Public Works 299,713 1,345,786 Committed To: Contractual Obligation- Encumbrances 40,704 24,847,800 26,032,046 Economic Uncertainty - - 10,642,975 Assigned To: Capital Projects - 5,211,089 Compresensive Annual Leave 1,987,201 Secondary Reserves - - - 1,512,761 Theater Reconstruction 2,879,175 Unrealized Gains - - - 284,580 Unassigned - (9,391,713) - (9,393,451) TOTAL FUND BALANCES 218,273 5,262,367 15,456,087 51,980,734 TOTAL LIABILITIES and FUND BALANCES $ 218,273 $ - $ 5,270,150 $ 16,370,967 $ - $ 65,844,606 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Nine Months Ended March 31, 2012 Annual Amended Budget Total Percentage Activity of Budget REVENUES: Sales Tax - State $ 19,532,505 $ 12,763,578 65% (1) Sales Tax - Triple Flip 6,459,653 3,299,092 51% (2) Franchise Fees 3,392,096 2,607,378 77% Motor Vehicle In Lieu - State 51,960 51,960 100% Motor Vehicle In Lieu - Triple Flip 5,940,244 2,977,581 50% (2) Property Tax 5,097,423 3,326,339 65% (2) Property Tax Relief (Homeowner) 76,906 38,453 50% (2) Property Transfer Tax 409,577 332,379 81% Transient Occupancy Tax 2,447,108 1,750,645 72% Vehicle Code Fines 645,777 471,219 73% Development Services: Building & Safety 1,133,912 821,660 72% Fire 634,071 539,561 85% Land Development 664,065 686,065 103% (3) Planning 908,419 429,028 47% (4) Public Works - NPDES 3,276 1,302 40% Police 550,363 414,338 75% Advertising 67,380 39,480 59% (5) Bids and Proposals 9,000 10,425 116% Business Licenses 300,000 265,945 89% (6) GASB 31 Fair Market Value on Investment (98,109) (176,884) 180% (7) Investment 200,000 128,329 64% (8) Grants 28,406 28,406 100% Lease/Rental lncome 37,572 60,321 161% (9) Miscellaneous 8,000 108 1% Operating Transfers In State Gas Tax 2,879,136 1,955,737 68% SLESF 177,767 12,146 7% (10) Reimbursements: Financing 163,000 122,250 75% CIP 2,238,698 1,625,619 73% RDA 110,000 64,167 58% Other 66,000 43,830 66% TOTAL REVENUES $ 54,134,205 $ 34,690,457 64% NOTES: (1) The clean up sales tax payment for quarter ending March 2012 is expected to be received in June 2012. (2) Property taxes and "Triple Flip" revenues are expected to be received in May 2012. (3) The variance in Land Development is due to fees received for the Rancho Community Church field, SCE Triton Substation, Truax Building, Portola Terrace Apartments projects which occurred earlier than anticipated. (4) The variance in Planning is primarily due to revenues based on reimbursements for qualifying transportation grant expenditures for the Jefferson Corridor Study, as well as the timing of development activities and the issuance of permits. (5) Revenues for the quarter ending March 2012 are expected to be received in May 2012. (6) Annual business license renewals occurred in January 2012. (7) The variance in GASB31 Fair Market Value on Investment is due to the change in fair value of investments as they approach maturity, as well as fluctuating interest rates. (8) The variance in Investment is primarily due to a continued decline in LAIF and bond investment rates. (9) CONVIS rents previously deposited to the RDA Fund have been appropriately corrected and recorded in the General Fund. (10) The remaining Supplemental Law Enforcement Services Fund (SLESF) revenues are not expected until June 2012. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Nine Months Ended March 31, 2012 Annual Amended Budget EXPENDITURES: Year -to -Date Activity Year -to -Date Encumbrances Activity and Encumbrances Percentag e of Budget City Council $ 449,642 $ 325,031 $ 2,429 $ 327,460 73% Community Support 134,650 100,793 181 100,974 75% City Manager 1,563,638 1,065,667 22,539 1,088,206 70% Economic Development 680,834 437,665 80,032 517,697 76% City Clerk 1,144,766 811,966 12,330 824,296 72% City Attorney 821,300 581,476 - 581,476 71% Finance 2,240,249 1,561,055 20,566 1,581,621 71% Human Resources 585,271 407,004 26,997 434,001 74% Planning 1,963,289 1,299,427 230,800 1,530,227 78% Building & Safety 2,015,848 1,318,639 89,668 1,408,307 70% Land Development 1,140,885 811,543 7,784 819,327 72% Public Works 4,860,234 3,321,951 371,753 3,693,704 76% CIP Administration 2,238,698 1,626,335 2,699 1,629,034 73% Police 21,369,642 15,797,003 141,104 15,938,107 75% Fire 4,440,282 3,216,559 100,367 3,316,926 75% Animal Control 329,160 213,598 32,555 246,153 75% Non -Departmental 6,743,931 5,266,716 5,266,716 78% TOTAL EXPENDITURES (excluding transfers) 52,722,319 38,162,428 1,141,804 39,304,232 75% Revenues Over/(Under) Expenditures 1,411,886 (3,471,971) Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (4,219,900) (3,514,878) (2,808,014) (6,986,849) Net Change in Fund Balances (2,808,014) (6,986,849) Beginning Fund Balance as of 7/01/2011 32,078,313 32,078,313 Ending Fund Balance as of 3/31/2012 $ 29,270,299 $ 25,091,464 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GAS TAX FUND for the Nine Months Ended March 31, 2012 REVENUES: Section 2103 - 2107 Investment Interest TOTAL REVENUES Other Financing Sources (uses): Transfers Out Revenues Overl(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 3/31/2012 Annual Amended Budget Total Percentage of Activity Budget $ 2,678,419 $ 2,095,085 78% 9,000 8,335 93% 2,687,419 2,103,420 78% (2,992,396) (2,068,997) 69% (304,977) 34,423 1,011,650 1,011,650 $ 706,673 $ 1,046,073 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FUND for the Nine Months Ended March 31, 2012 Annual Amended Budget REVENUES: Total Percentage of Activity Budget Open Space $ 269,048 $ 104,145 39% Investment Interest - 35,229 0% Quimby 315,946 - 0% Street Improvements 1,415,395 178,351 13% Traffic Signals 211,967 32,490 15% Parks 837,640 304,231 36% Corporate Facilities - 63,767 0% Fire Protection 188,731 68,022 36% Library 283,540 100,592 35% Public Art 14,859 11,388 0% Police 41,560 0% TOTAL REVENUES 3,537,126 939,775 27% (1) Other Financing Sources (uses): Transfers Out (7,621,486) (995,590) 13% (2) Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 3/31/2012 (4,084,360) (55,815) 4,962,285 4,962,285 $ 877,925 $ 4,906,470 NOTES: (1) The variance in revenues is due to the timing of developers pulling permits. (2) The variance in operating transfer out is due the timing and construction of several Capital Improvement projects budgeted with this fund has not yet started. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL RECOVERY ACT JAG FUNDING tor the Nine Months Ended March 31,2012 REVENUES: Grant Revenue TOTAL REVENUES EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Annual Year to Date Total % of Amended Activity Encumbrances Activity Budget Budget $ 73,104 $ 39,800 $ - $ 39,800 54% (1) 73,104 39,800 39,800 54% 73,104 39,800 1,738 41,538 57% (1) 73,104 39,800 1,738 41,538 57% Beginning Fund Balance as of 7/01/2011 - Ending Fund Balance as of 3/31/2012 $ $ NOTES: (1) The City has yet to be invoiced from the Riverside County Sheriff's Department for qualifying overtime operations for Mall Patrol and Youth Court JAG funded programs. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ENERGY EFFICIENCY CONSERVATION GRANT for the Nine Months Ended March 31,2012 Annual Amended Budget YTD Total Percentage Activity Activity of Budget REVENUES: Grant Revenue $ 743,483 $ 67,328 $ 67,328 9% (1) TOTAL REVENUES 743,483 67,328 67,328 9% EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Overl(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 3/31/2012 303,741 10,945 303,741 10,945 439,742 56,383 10,945 4% (2) 10,945 4% (439,742) (56,383) 0% (3) NOTES: (1) Revenues are based on reimbursements for qualifying grant project expenditures. (2) Reallocation of this Energy Efficient grant to the Traffic Safety and Bridget Light Retrofit project was approved by Temecula City Council on April 10, 2012. (3) The Community Recreation Center (CRC) Retrofit project will be complete by June, 2012. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the Nine Months Ended March 31, 2012 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Grant Revenue $ 1,025,788 $ 108,021 11% TOTAL REVENUES 1,025,788 108,021 11% EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 45,310 21,675 48% 45,310 21,675 48% 980,478 86,346 (1) (1) (980,478) (86,346) 9% (1) Ending Fund Balance as of 3/31/2012 $ $ NOTES: (1) A Five -Year Consolidated Plan and Annual Action Plan for the Community Development Block Grant (CDBG) funding was approved by the Temecula City Council on April 10, 2012. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL -------AB 2766 FUND ---------- for the Nine Months Ended March 31, 2012 REVENUES: AB 2766 Investment Interest TOTAL REVENUES EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Annual Amended Budget YTD Activity Encumbrances $ 124,057 $ 64,258 $ 5,000 3,427 129,057 67,685 27,000 11,453 27,000 11,453 102,057 56,232 (651,216) (478,698) Revenues Over/(Under) Other Financing Sources (uses) (549,159) (422,466) Beginning Fund Balance as of 7/01/2011 640,739 640,739 Ending Fund Balance as of 3/31/2012 $ 91,580 $ 218,273 Total Percentage of Activity Budget 64,258 52% (1) 3,427 69% 67,685 52% 4,908 16,361 61% (2) 4,908 16,361 61% NOTES: (1) The third quarter revenue allocation for AB 2766 Subvention Fund is not expected until the end of May 2012. (2) Payment to Western Riverside County for Clean Cities Coalition Air Quality will be made by the end of May 2012. (3) The construction for the Pedestrian Bicycle Bridge was complete in March 2012. The Temecula Park and Ride and Santa Gertrudis Creek Pedestrian Bicycle Trail Extension and Interconnect are currently in design stage. Transfers will be done when progress payment is paid to vendor. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND(SLESF) for the Nine Months Ended March 31, 2012 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 177,767 $ 12,146 7% (1) TOTAL REVENUES 177,767 12,146 7% Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 3/31/2012 NOTES: (177,767) (12,146) 7% (1) (1) Revenues from the County of Riverside are not expected to be received until June 2012. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A for the Nine Months Ended March 31, 2012 REVENUES: Measure "A" Investment Interest TOTAL REVENUES EXPENDITURES: Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Annual Amended Budget YTD Activity Encumbrances $ 2,231,239 $ 1,652,951 $ 70,000 52,609 2,301,239 1,705,560 Total Percentage Activity of Budget $ 1,652,951 74% 52,609 75% 1,705,560 74% 869,242 528,825 40,704 569,529 66% 869,242 528,825 40,704 569,529 66% 1,431,997 1,176,735 (9,590,864) (4,724,369) 49% (1) (8,158,867) (3,547,634) Beginning Fund Balance as of 7/01/2011 8,810,001 8,810,001 Ending Fund Balance as of 3/31/2012 $ 651,134 $ 5,262,367 NOTES: (1) The construction for the Pavement Rehabilitation Program was awarded by Temecula City Council on April 10, 2012, in the amount of $3,476,503 for Margarita Road Phase II project. On April 24, 2012, the Ynez Road project was awarded by Temecula City Council in the amount of $2,082,110. The French Valley Parkway Phase I is currently in the design stage. Transfers will be done when progress payment is paid to vendor. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the Nine Months Ended March 31, 2012 Annual Account Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget REVENUE: Operating Transfers In $ 34,332,705 $ 10,457,245 $ $ 10,457,245 30% Grants 7,378,715 113,638 - 113,638 2% Reimbursements 2,599,507 157,586 - 157,586 6% Reimbursements- TUMF 37,086,373 525,334 525,334 1% Investment Interest 84,083 - 84,083 0% TOTAL REVENUE 81,397,300 11,337,886 EXPENDITURES: 11,337,886 14% (1) Citywide Adaptive Traffic Light Synchronization -Phase I 165-501 71,291 10,437 - 10,437 15% Citywide Adaptive Traffic Light Synchronization -Phase 11 165-503 69,857 41,384 - 41,384 59% Nicolas Valley Assessment District Liefer Road 165-504 22,639 1,363 21,277 22,640 100% Open Space Acquisition Program 165-509 300,000 289,000 - 289,000 96% Road and Storm Drain Repair at Rancho California 165-510 37,995 - - - 0% Road Reconstruction at Jedediah Smith Rd. 165-511 19,163 0% Slurry Seal at Paloma Del Sol and Temeku Hills 165-512 202,358 - - - 0% OId Town Police Storefront 165-513 35,909 793 35,207 36,000 100% Temecula Police Station Tenant Improvement 165-514 200,000 1 - 1 0% OId Town Sound System Retrofit 165-515 60,808 53,697 7,111 60,808 100% Pechanga Parkway Environmental Mitigation 165-516 630,952 50,755 38,118 88,873 14% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 4,829,794 175,263 30,116 205,379 4% Abbott Corporation Roadway Improvements 165-620 750,000 0% Medians and Parkway Citywide 165-622 226,459 - - - 0% Closed Caption Television Install -State Route 79 South Pechanga 165-635 13,442 263 263 2% Winchester Rd. / State Route 79 North Corridor Beautification 165-638 377,949 134,016 80,560 214,576 57% OId Town Infrastructure Projects - Civic Center 165-643 231,424 20,041 31,738 51,779 22% OId Town Infrastructure - Parking Structure, Office and Retail 165-644 323,696 8,184 38,750 46,934 14% Pavement Rehabilitation Program - Citywide 165-655 8,951,715 4,010,680 1,035,541 5,046,221 56% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Nine Months Ended March 31, 2012 Account Annual Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget EXPENDITURES - contd: Western Bypass Bridge Over Murrieta Creek 165-660 370,886 32,928 41,167 74,095 20% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 219,508 82,664 67,506 150,170 68% Flashing Beacons & Speed Advisory Signs 165-670 36,336 5,926 29,600 35,526 98% Traffic Signals -Meadows Parkway at Pauba 165-678 4,599 0% Traffic Signals -Rancho California and Yukon 165-679 121,852 107,684 58 107,742 88% Traffic Signal Equipment Replacement Program -Citywide 165-680 75,000 27,930 10,300 38,230 51% Signals- Rancho Cal Promnade Chardonnay 165-682 295,000 - - - 0% City Facilities Rehabilitation 165-701 469,018 78,972 92,773 171,745 37% Medians & Ornamental Pedestrian Barriers -Citywide 165-704 40,000 9,245 16,155 25,400 64% Citywide Storm Drain Improvements 165-715 195,825 227 9,722 9,949 5% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase 1 165-719 23,089,546 799,917 4,571,014 5,370,931 23% Butterfield Stage Road Extension 165-723 10,733,604 1,778,928 4,875,145 6,654,073 62% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase 11 165-726 15,292,375 561,497 11,699,211 12,260,708 80% Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to CHS 165-738 1,239,409 733,024 115,756 848,780 68% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 294,295 11,459 243,660 255,119 87% Fire Station Roripaugh Ranch Site 165-741 782,242 10,005 293,874 303,879 39% Main Street Bridge Over Murrieta Creek Replacement 165-743 6,748,529 34,447 6,586 41,033 1% Temecula Park and Ride 165-747 14,122 2,785 412 3,197 23% OId Town Civic Center 165-751 1,415,406 908,545 393,203 1,301,748 92% OId Town Public Art 190-121 120,000 3,258 - 3,258 3% Teen Young Adult Village 190-122 100,000 0% Children's Museum Enhancement Project 190-125 114,000 0% Tennis Court Surfacing -Earle Stanley Gardner Middle School 190-126 47,000 - 26,890 26,890 57% Flood Control Channel Reconstruction and Repair 190-127 250,000 25,000 - 25,000 10% Tennis Court Lighting- Great Oak High School 190-128 449,500 25 - 25 0% Inclusive Play Structure at Patricia H Birdsall Sport Park 190-129 397,000 0% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Three Months Ended March 31, 2012 Annual Account Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget EXPENDITURES - contd: Parks Improvement Program 190-130 300,000 13,015 72,058 85,073 28% Ronald Reagan Monument Site Preparation 190-131 35,000 7,385 7,809 15,194 43% Senior Citizen Outdoor Fitness Lot 190-133 55,500 - - - 0% Redhawk Park Improvements 190-144 9,444 7,339 2,105 9,444 100% Reclaimed Water Irrigation Retrofit - Various Sites 190-150 500,000 - - 0% CRC Energy Management Retrofit 190-152 429,133 37,946 381,000 418,946 98% Library Parking Expansion 190-153 366,933 72,816 239,740 312,556 85% Margarita Road Right -of -Way Enhancements 190-154 318,333 340,730 29 340,759 107% Water Slide Replacement CRC Pool 190-156 157,054 21,056 130,315 151,371 96% Old Town Gymnasium 190-186 929,672 106,566 66,514 173,080 19% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 211,824 12,045 120,455 132,500 63% Temecula Community Center Expansion 190-197 1,562 1,085 1,085 69% Temecula Children's Museum Refurbish 190-675 16,325 16,325 16,325 100% TOTAL EXPENDITURES 83,601,283 10,630,326 $ 24,847,800 $ 35,478,126 42% (2) Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2011 Ending Fund Balance as of 3/31/2012 (2,203,983) 707,560 14, 748, 527 14, 748, 527 $ 12,544,544 $ 15,456,087 NOTES: (1) The variance in revenues is primarily due to several funded Capital Improvement projects where reimbursement for eligible expenditures have not yet been made during this fiscal year. Transfers will be done as progress payment is made to vendor. (2) The variance in expenditures is primarily due to several major Capital Improvement projects that are currently in design stage and construction have not yet been awarded for the projects. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CERTIFICATES OF PARTICIPATION - DEBT SERVICE FUND. for the Nine Months Ended March 31, 2012 REVENUES: Investment Interest Transfers In TOTAL REVENUES EXPENDITURES: Annual Amended Budget Total % of Activity Budget $ 1,262 $ 1,262 100% 23,715,330 23,715,330 100% (1) 23,716,592 23,716,592 100% Trustee Fees 2,500 2,500 100% (2) Debt Service Principal 455,000 455,000 100% (2) Debt Service Interest 563,919 563,919 100% (2) Debt Service Redemption costs 23,491,643 23,491,643 100% (3) TOTAL EXPENDITURES 24,513,062 24,513,062 100% Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (796,470) (796,470) Beginning Fund Balance as of 7/01/2011 796,470 796,470 Ending Fund Balance as of 3/31/2012 NOTES: (1) The Operating Transfer in was done this quarter for Debt Service principal and interest due during this quarter. (2) Debt Service principal and interest was paid on September 1, 2011 and December 2011. (3) The refinancing of the COP's was done on December 2011. CITY OF TEMECULA COMBINING STATEMENT OF NET ASSETS as of March 31, 2012 Insurance Fund ASSETS: Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL Cash and Investments $ 400,307 $ 1,184,942 $ 780,312 $ 434,568 $ 413,630 $ 3,213,759 Receivables 964 1,873 5,585 1,709 876 11,007 Prepaid Assets 493,178 - - - 493,178 Property, Plant, and Equipment (net of accumulated depreciation) 633,919 84,345 70,097 788,361 TOTAL ASSETS 894,449 1,820,734 870,242 506,374 414,506 4,506,305 LIABILITIES AND NET ASSETS LIABILITIES: Current Liabilities Capital Leases Payable TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS 312,772 150,302 31,174 91,157 585,405 - 101,112 - 101,112 312,772 150,302 132,286 91,157 686,517 $ 581,677 $ 1,820,734 $ 719,940 $ 374,088 $ 323,349 $ 3,819,788 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS for the Nine Months Ended March 31, 2012 Insurance Fund REVENUES: Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL Investment Interest $ 4,095 $ 6,974 $ 3,593 $ 2,392 $ 1,236 $ 18,290 Charges for Services 635,056 305,481 1,331,052 304,935 922,943 3,499,467 TOTAL REVENUES 639,151 312,455 1,334,645 307,327 924,179 3,517,757 EXPENSES: Salaries and Wages 46,243 - 851,952 181,859 442,345 1,522,399 Operating Expenses 591,491 439,567 43,655 382,040 1,456,753 Interest - - 12,412 - 12,412 Depreciation - 151,221 57,306 29,898 - 238,425 TOTAL EXPENSES 637,734 151,221 1,348,825 267,824 824,385 3,229,989 Revenues Over/(Under) Expenses 1,417 161,234 (14,180) 39,503 99,794 287,768 Net Assets as of July 01, 2011 580,260 1,659,500 734,120 334,585 223,555 3,532,020 Net Assets as of September 30, 2011 $ 581,677 $ 1,820,734 $ 719,940 $ 374,088 $ 323,349 $ 3,819,788 CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND as of March 31, 2012 CERBT FUND ASSETS: Cash and Investments $ 4,288,109 TOTAL ASSETS 4,288,109 LIABILITIES: Accounts Payable TOTAL LIABILITIES NET ASSETS: 4,288,109 Held in Trust for Retiree Benefits 4,288,109 TOTAL NET ASSETS NOTE: Balances are unaudited $ 4,288,109 CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the Nine Months Ended March 31, 2012 CERBT FUND ADDITIONS CONTRIBUTIONS: Employer $ 246,393 Investment Earnings 110,303 TOTAL CONTRIBUTIONS 356,696 DEDUCTIONS: Benefits 246,393 TOTAL DEDUCTIONS TOTAL ADDITIONS Net Assets as of 7/1/2011 Net Assets as of 3/31/2012 246,393 4,177, 806 $ 4,288,109 Item No. 5 Approvals City Attorney Director of Finance City Manager Altd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: May 22, 2012 SUBJECT: Approval of Election Resolutions RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ONTUESDAY, NOVEMBER 6, 2012 2. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES BACKGROUND: Pursuant to the Elections Code, a municipality may requestthe County of Registrar of Voters to consolidate with the General Election, to conduct the Municipal Election, to canvass the returns of the General Municipal Election, and to hold the election in all respects as if there were only one election. This request must be made in the form of a resolution, which delegates the powers and duties of the Election Officer for the City of Temecula to the County Elections Department. This delegation does not include services routinely conducted by the City Clerk, such as advertising requirements for filing periods and all campaign filings including nomination papers and campaign statements. The second resolution that the Council is being asked to adopt is the formal resolution calling and giving notice of the election. This is a requirement of the State of California Election Code relating to General Law Cities. It also authorizes the City Clerk to give notice of the election in the time, form and manner required by the Elections Code. FISCAL IMPACT: The estimated election costs for the Riverside County Registrar of Voters to consolidate the City Council election is estimated at $90,000. ATTACHMENTS: 1. Resolution No. 12-_ Request the Services of the Registrar 2. Resolution No. 12-_ Calling the Election RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula, California, has called a General Municipal Election to be held on Tuesday, November 6, 2012, for the purpose of the election of two (2) members of the City Council. Section 2. It is desirable that the General Municipal Election be conducted by the County Registrar of Voters on November 6, 2012 within the City establishing the precincts, polling places and election officers, and that the Registrar of Voters of the County of Riverside canvass the returns of the General Municipal Election. Section 3. Pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Registrar of Voters of the County of Riverside is hereby requested to conduct the General Municipal Election on Tuesday, November 6, 2012, for the purpose of the election of two (2) Members of the City Council of the City of Temecula currently held by Mike Naggar and Chuck Washington. Section 4. Except for those services routinely conducted by the City Clerk, delegation is hereby made to the county elections department of the powers and duties of the elections officer for the City of Temecula to conduct said election in accordance with all applicable laws and procedures. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used for each of the two (2) affected Council positions. Section 5. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 6. The City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs Section 7. The Registrar of Voters of the County of Riverside is hereby authorized, instructed and directed to give such further or additional notice of said election, in time form and manner as required. Section 8. The Registrar of Voters is hereby authorized to canvass the returns of said General Municipal Election. R:/Resos 2012/Resos 12- 1 Section 9. The City Clerk is hereby directed to file a certified copy of this Resolution with the Registrar of Voters of the County of Riverside. Section 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Resos 2012/Resos 12- 2 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on November 6, 2012, for the election of Municipal Officers. Section 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four years. Section 3. That the ballots to be used at the election shall be in the form and content required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 5. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution. R:/Resos 2012/Resos 12- 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Resos 2012/Resos 12- 2 Item No. 6 Approvals City Attorney Director of Finance City Manager grAi CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Bob Johnson, City Manager DATE: May 22, 2012 SUBJECT: Support for SB 1186 (Steinberg & Dutton), at the request of Council Member Roberts PREPARED BY: Betsy Lowrey, Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 1186 (STEINBERG & DUTTON) AIMED TO HELP CALIFORNIA BUSINESSES COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITY ACT WITHOUT FRIVOLOUS LAWSUITS BACKGROUND: Council Member Ron Roberts has requested that the City Council consider supporting Senate Bill 1186 (SB 1186). SB 1186, as amended on May 16, 2012, is a bill introduced by Senate Pro Tem Darrell Steinberg and Senate Minority Leader Bob Dutton, and co-authored as amended by State Senator Anthony Cannella and State Senator Ted Gaines designed to ensure that small businesses in California are not being financially burdened and threatened by lawsuits and demand for money letters for often -minor violations of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. The bill is being supported by many business/property groups that have previously been subject to such demand for money actions (including the California Restaurant Association, Commercial Real Estate Development Association, etc.) that argue that the bill would eliminate frivolous lawsuits and allow businesses to have an opportunity to cure technical violations before being exposed to lawsuits. As amended on April 30th, SB 1186 proposes to prohibit an attorney or any person from issuing a "demand for money" to a building owner or tenant for a violation of the construction -related accessibility standard, and would also prohibit them from receiving any compensation pursuant to such a demand for money. Rather, the bill would require an attorney to provide 30 days' notice to a building owner or tenant prior to filing litigation for damages based on an alleged construction -related accessibility violation. Essentially this would give a building owner or tenant an opportunity to remedy the matter before being sued for damages. The bill advanced out of the Senate Judiciary Committee on May 8, 2012. It must be passed off the Senate floor by June 1, 2012. The bill is expected to be amended to address any concerns as it works its way through the Assembly in June and July and back to the Senate in August of 2012. During that time, Senator Dutton's office has informed City staff that Senator Dutton's office together with Senate Pro Tem Steinberg's office will conduct weekly stakeholder meetings to address any concerns of the disability rights community as well as the business community. It is anticipated that a final solution will ensure California businesses comply with the requirements of ADA without facing the threat of frivolous lawsuits. The League of California Cities has riot taken a formal position on AB 1186. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 12- 2. Senate Bill 1186, as Amended May 16, 2012 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SENATE BILL 1186 (STEINBERG & DUTTON) AIMED TO HELP CALIFORNIA BUSINESSES COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITY ACT WITHOUT FRIVOLOUS LAWSUITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Senate Bill 1186 (Steinberg and Dutton) is intended to examine the federal and state laws that provide persons with disabilities the right to full and equal access to places of public accommodation, and to address any conflict between those laws in construction -related accessibility standards that may lead to unnecessary litigation; and WHEREAS, Senate Bill 1186 (Steinberg and Dutton) is intended to facilitate compliance by increased education regarding the accessibility laws, including requiring the California Commission on Disability Access to develop tools for use by businesses and building inspectors, and to post those tools on its public internet web site to facilitate greater compliance; and WHEREAS, Senate Bill 1186 (Steinberg and Dutton) is intended to examine measures that would lead to greater compliance, to the benefit of both the business and the disability community through reducing litigation and improving access for the disabled, without discouraging early compliance efforts and without affecting the right to sue for uncorrected and other violations. This effort shall examine and address issues many small businesses face from litigation and tactics pursued primarily for private gain under the state and federal disability access laws, rather than to rectify a disability access violation. NOW THEREFORE BE IT RESOLVED that the City of Temecula supports Senate Bill 1186 (Steinberg & Dutton) and will send a copy of this resolution in support to California State legislators. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk AMENDED IN SENATE MAY 16, 2012 AMENDED IN SENATE APRIL 30, 2012 SENATE BILL No. 1186 Introduced by Senators Steinberg and Dutton (Coauthors: Senators Cannella and Gaines) February 22, 2012 An act to amend Section 55.3 of, and to add Sections 55.31 and 1938 to, the Civil Code, and to amend Section 8299.05 of the Government Code, relating to disability access. LEGISLATIVE COUNSEL'S DIGEST SB 1186, as amended, Steinberg. Disability access: liability. Existing law requires an attorney to provide a written advisory to a building owner or tenant with each demand for money or complaint for any construction -related accessibility claim, as specified. The requirement to provide the written advisory applies whether or not the attorney intends to file a complaint or eventually files a complaint in state or federal court. A violation of this requirement may subject the attorney to disciplinary action. This bill would, instead, require an attorney to provide a written advisory to a building owner or tenant with each complaint or settlement demand for any construction -related accessibility claim, as specified. The requirement to provide the written advisory would apply where the attorney or party has filed a complaint in state or federal court on the basis of one or more construction -related accessibility claims. This bill also would prohibit an attorney or other person from issuing a demand for money to a building owner or tenant, or an agent or employee of a building owner or tenant, or from receiving any payment, settlement, compensation, or other remuneration pursuant to a demand 97 SB 1186 —2— for money that is provided or issued without or prior to the filing of a complaint on the basis of one or more construction -related accessibility violations, as specified. The bill would require an attorney to provide to a building owner or tenant, or an agent or employee of a building owner or tenant, a document that notifies the recipient of any alleged construction -related accessibility violation that may be a basis for a damages claim at least 30 days prior to filing any claim for damages based on an alleged construction -related accessibility violation or violations, except in a case solely seeking injunctive relief. The bill would provide that a violation of these requirements may subject the attorney to disciplinary action. Existing law requires the State Architect to develop and submit for approval and adoption building standards for making buildings, structures, sidewalks, curbs, and related facilities accessible to, and usable by, persons with disabilities, as specified. Existing law provides for the inspection of places of public accommodation by certified access specialists to determine if the sites meet all applicable construction -related accessibility standards, and the provision of specified certificates and reports regarding those inspections. Existing law regulates the hiring of real property. This bill would require a commercial property owner to state on a lease form or rental agreement if the property being leased or rented has been inspected by a certified access specialist. Existing law establishes the California Commission on Disability Access to develop recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities, and that will facilitate business compliance with disability access laws and regulations to avoid unnecessary litigation. Existing law requires the commission to study specified disability access issues, and to make reports on those issues to the Legislature. This bill would provide that the functions and responsibilities of the commission include the concurrent and prospective review of legislative measures, including this measure, and recommendations on any additional ideas or options to promote disability access and reduce unnecessary litigation. Vote: majority. Appropriation: no. Fiscal committee: Ito -yes. State -mandated local program: no. 97 -3— SB 1186 The people of the State of California do enact as follows: 1 SECTION 1. Section 55.3 of the Civil Code is amended to 2 read: 3 55.3. (a) For purposes of this section, the following shall apply: 4 (1) "Complaint" means a civil complaint that is filed with a 5 court and is sent to or served upon a defendant on the basis of one 6 or more construction -related accessibility claims, as defined in 7 this section. 8 (2) "Settlement demand" means a written document or oral 9 statement that is provided to a building owner or tenant, or an agent 10 or employee of a building owner or tenant, that contains a request 11 for money on the basis of one or more construction -related 12 accessibility claims, as defined in paragraph (3), where the attorney 13 or party has filed a complaint or eventually files a complaint in 14 state or federal court on the basis of one or more 15 construction -related accessibility claims. 16 (3) "Construction -related accessibility claim" means any claim 17 of a violation of any construction -related accessibility standard, 18 as defined by paragraph (6) of subdivision (a) of Section 55.52, 19 with respect to a place of public accommodation. 20 "Construction -related accessibility claim" does not include a claim 21 of interference with housing within the meaning of paragraph (2) 22 of subdivision (b) of Section 54.1, or any claim of interference 23 caused by something other than the construction -related 24 accessibility condition of the property, including, but not limited 25 to, the conduct of any person. 26 (b) An attorney shall provide a written advisory with each 27 complaint or settlement demand sent to or served by him or her 28 upon a defendant, in the form described in subdivision (c), and on 29 a page or pages that are separate and clearly distinguishable from 30 the complaint or settlement demand, as follows: 31 32 IMPORTANT INFORMATION FOR BUILDING OWNERS 33 AND TENANTS 34 35 This form is available in English, Spanish, Chinese, Vietnamese, 36 and Korean through the Judicial Council of California. Persons 37 with visual impairments can get assistance in viewing this form 97 SB 1186 —4- 1 through the Judicial Council Internet Web site at 2 www.courts.ca.gov. 3 Existing law requires that you receive this information because 4 the complaint or settlement demand you received with this 5 document claims that your building or property does not comply 6 with one or more existing construction -related accessibility laws 7 or regulations protecting the civil rights of persons with disabilities 8 to access public places. 9 YOU HAVE IMPORTANT LEGAL OBLIGATIONS. 10 Compliance with disability access laws is a serious and significant 11 responsibility that applies to all California building owners and 12 tenants with buildings open for business to the public. You may 13 obtain information about your legal obligations and how to comply 14 with disability access laws through the Division of the State 15 Architect. Information is also available from the California 16 Commission on Disability Access at www.ccda.ca.gov/guide.htm. 17 YOU HAVE IMPORTANT LEGAL RIGHTS. You are not 18 required to pay any money unless and until a court finds you liable. 19 Moreover, RECEIPT OF THIS ADVISORY DOES NOT 20 NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR 21 ANYTHING. 22 You may wish to promptly consult an attorney experienced in 23 this area of the law to get helpful legal advice or representation in 24 responding to the complaint or settlement demand you received. 25 You may contact the local bar association in your county for 26 information on available attorneys in your area. If you have 27 insurance, you may also wish to contact your insurance provider. 28 You have the right to seek assistance or advice about this complaint 29 or settlement demand from any person of your choice, and no one 30 may instruct you otherwise. Your best interest may be served by 31 seeking legal advice or representation from an attorney. 32 If a complaint has been filed and served on you and your property 33 has been inspected by a Certified Access Specialist (CASp; see 34 www.dgs.ca.gov/dsa/Programs/programCcrt/casp.aspx 35 www.dgs.ca.gov/dsa/Programs/programCert/casp.aspx), you may 36 have the right to a court stay (temporary stoppage) and early 37 evaluation conference to evaluate the merits of the 38 construction -related accessibility claim against you pursuant to 39 Civil Code Section 55.54. At your option, you may be, but need 40 not be, represented by an attorney to file a reply and to file an 97 -5— SB 1186 1 application for a court stay and early evaluation conference. If you 2 choose not to hire an attorney to represent you, you may obtain 3 additional information about how to represent yourself and how 4 to file a reply without hiring an attorney through the Judicial 5 Council Internet Web site at www.courts.ca.gov/selfhelp-start.htm. 6 You may also obtain a form to file your reply to the lawsuit, as 7 well as the form and information for filing an application to request 8 the court stay and early evaluation conference at that same Internet 9 Web site. 10 If you choose to hire an attorney to represent you, the attorney 11 who sent you the complaint or settlement demand is prohibited 12 from contacting you further unless your attorney has given the 13 other attorney permission to contact you. If the other attorney does 14 try to contact you, you should immediately notify your attorney. 15 16 (c) On or before July 1, 2009, the Judicial Council shall adopt 17 a form that may be used by attorneys to comply with the 18 requirements of subdivision (b). The form shall be in substantially 19 the same format and include all ofthe text set forth in subdivision 20 (b). The form shall be available in English, Spanish, Chinese, 21 Vietnamese, and Korean, and shall include a statement that the 22 form is available in additional languages, and the Judicial Council 23 Internet Web site address where the different versions ofthe form 24 may be located. The form shall include Internet Web site 25 information for the Division of the State Architect and the 26 California Commission on Disability Access. 27 (d) Subdivision (b) shall apply to a complaint or settlement 28 demand made by an attorney. Nothing in this section is intended 29 to affect the right to file a civil complaint under any other law or 30 regulation protecting the physical access rights of persons with 31 disabilities. 32 (e) This section shall not apply to any action brought by the 33 Attorney General, or by any district attorney, city attorney, or 34 county counsel. 35 SEC. 2. Section 55.31 is added to the Civil Code, to read: 36 55.31. (a) "Demand for money" means a written document or 37 oral statement that is provided or issued to a building owner or 38 tenant, or an agent or employee of a building owner or tenant, that 39 meets all of the following requirements: 97 SB 1186 —6- 1 (1) Alleges one or more construction -related accessibility 2 violations as the basis of one or more construction -related 3 accessibility claims, as defined in paragraph (3) of subdivision (a) 4 of Section 55.3. 5 (2) Contains or makes a request for money, or states or implies 6 that the building owner or tenant is liable for damages or attorney's 7 fees, or both, on the basis of one or more construction -related 8 accessibility violations. 9 (3) Is provided or issued without or prior to the filing of a 10 complaint in state or federal court on the basis of one or more 11 construction -related accessibility violations. 12 (b) An attorney or person shall not issue a demand for money 13 to a building owner or tenant, or an agent or employee of a building 14 owner or tenant, or receive any payment, settlement, compensation, 15 or other remuneration pursuant to a demand for money, as defined 16 in subdivision (a). 17 (c) An attorney shall provide to a building owner or tenant, or 18 an agent or employee of a building owner or tenant, a document 19 that notifies the recipient of any alleged construction -related 20 accessibility violation that may be a basis for a damages claim at 21 least 30 days prior to filing any claim for damages based on an 22 alleged construction -related accessibility violation or violations. 23 Nothing in this document or any document accompanying the 24 document shall demand or request any money to settle or forgo a 25 claim or potential claim for damages based upon an alleged 26 violation or violations, or state or imply the building owner's or 27 tenant's liability for damages or attorney's fees, or both, on the 28 basis of the alleged construction -related accessibility violation or 29 violations identified in the notice. This requirement shall apply 30 whether the attorney intends to file in state or federal court. This 31 subdivision shall not apply in a case solely seeking injunctive 32 relief. 33 (d) A violation of subdivision (b) or (c) shall be cause for the 34 imposition of disciplinary action against an attorney. 35 SEC. 3. Section 1938 is added to the Civil Code, to read: 36 1938. A commercial property owner shall state on the lease 37 form or rental agreement if the property being leased or rented "is 38 CASA-Inspcctcd" CASp-inspected" or "is not CASp-inspected." 39 For the purpose of this section, "CASp-inspected" is defined in 40 paragraph (4) of subdivision (a) of Section 55.52. 97 -7— SB 1186 1 SEC. 4. Section 8299.05 of the Government Code is amended 2 to read: 3 8299.05. (a) The commission shall study and make reports to 4 the Legislature on the following: 5 (1) Issues regarding compliance with state laws and regulations 6 that are raised by either persons with disabilities or businesses, 7 and any recommendations that would promote compliance. 8 (2) Whether public and private inspection programs, including 9 the Certified Access Specialist Program, are meeting the needs of 10 both the business community and the disability community, 11 including by the provision of timely, competent inspections that 12 properly identify violations and recommend appropriate remedial 13 measures. 14 (3) Whether existing training and continuing education 15 requirements for personnel involved in designing, plan checking, 16 building, or inspecting a structure are sufficient to provide the 17 personnel with sufficient knowledge of the state and federal 18 disability access laws and regulations. 19 (4) Whether training and continuing education requirements 20 should be enacted for landscape architects, professional engineers, 21 and contractors to provide these professionals with sufficient 22 knowledge of the state and federal disability access laws and 23 regulations. This study and report shall be completed and delivered 24 to the Legislature no later than January 1, 2011. 25 (b) (1) The commission shall act as an information center on 26 the status of compliance in California with state laws and 27 regulations providing persons with disabilities full and equal access 28 to public facilities. To this end, it shall publish a biennial report, 29 which may be combined with the biennial report required in 30 odd -numbered years pursuant to subdivision (e), on the state of 31 disability access compliance by both the public and private sector. 32 The report shall be written in general terms and shall not identify 33 any particular violators. 34 (2) The commission shall, to the extent feasible, coordinate with 35 other state agencies and local building departments to ensure that 36 information provided to the public on disability access requirements 37 is uniform and complete. 38 (c) The functions and responsibilities of the commission include 39 the concurrent and prospective review of legislative measures, 40 including Senate Bill 1186 of the 2011-12 Regular Session of the 97 SB 1186 —8- 1 Legislature, and recommendations on any additional ideas or 2 options to promote disability access and reduce unnecessary 3 litigation. 4 (c) 5 (d) The commission may recommend, develop, prepare, or 6 coordinate materials, projects, or other activities, as appropriate, 7 relating to any subject within its jurisdiction. 8 (d) 9 (e) The commission shall provide, within its resources, technical 10 information regarding any of the following: 11 (1) Preventing or minimizing problems of compliance by 12 California businesses by engaging in educational outreach efforts 13 and by preparing and hosting on its Internet Web site a Guide to 14 Compliance with State Laws and Regulations Regarding Disability 15 Access Requirements. 16 (2) Recommending programs to enable persons with disabilities 17 to obtain full and equal access to public facilities. 18 (c) 19 (19 The commission shall make reports on its activities, findings, 20 and recommendations to the Legislature from time to time, but not 21 less often than once during every odd -numbered year, on or before 22 May 1 of that year, commencing in 2011. 23 SEC. 4. 24 SEC. 5. It is the intent of the Legislature to do all of the 25 following: 26 (a) Examine the federal and state laws that provide persons with 27 disabilities the right to full and equal access to places of public 28 accommodation, and to address any conflict between those laws 29 in construction -related accessibility standards that may lead to 30 unnecessary litigation. 31 (b) Facilitate compliance by increased education regarding the 32 accessibility laws, including requiring the California Commission 33 on Disability Access to develop tools for use by businesses and 34 building inspectors, and to post those tools on its public Internet 35 Web site to facilitate greater compliance. 36 (c) Examine measures that would lead to greater compliance, 37 to the benefit of both business and the disability community 38 through reducing litigation and improving access for the disabled, 39 without discouraging early compliance efforts and without affecting 40 the right to sue for uncorrected and other violations. This effort 97 -9— SB 1186 1 shall examine and address issues many small businesses face from 2 litigation and tactics pursued primarily for private gain under the 3 state and federal disability access laws, rather than to rectify a 4 disability access violation. 0 97 Item No. 7 Approvals City Attorney Director. of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City-Council FROM: Bob Johnson; city Manager DATE: May 22, 2012 SUBJECT: Agreement for funding the acquisition of open space property (APN 940-300- 026) between Western Riverside County Regional Conservation Authority and the City of Temecula PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: 1. Accelerate the appropriation and funding in the amount of $119,000 from Development Impact Fee Open Space from Fiscal Year 2012-13 to Fiscal Year 2011-12, 2. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (APN 940.300.026) BACKGROUND: Donald Fischer, owner of a 10:96 acre parcel on Rancho California Road, placed the property for sale on the open market. Property was appraised in March 2012 by an agent for $130,000. Temecula's Escarpment Strategies Report, prepared in 2009 by the Riverside Land Conservancy, recommends 'acquisition of this highly visible parcel. The Western Riverside County Conservation Authority (RCA) has agreed to serve as the City's agent. The RCA will be responsible forclosing'costs and they have agreed, to accept and maintain the property as open space in perpetuity. No matching grants are available at this time. FISCAL IMPACT: The 2011-12 Capital Improvement Open Space Acquisition Program has earmarked $300,000 for open space acquisition. Two properties have been purchased totaling $289,000. Therefore, with the balance of $11,000, a request to accelerate the appropriation from Fiscal Year 2012-13 to Fiscal Year 2011-12 in the amount of $119,000 is necessary to fund the purchase. Funds are available in the Development Impact Fee Open Space Account. The land was appraised in March 2012 for $130,000. ATTACHMENTS: 1. Resolution 2. Funding Agreement 3. Map of Fischer Property 4. Map of a previously acquired properties RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (APN 940-300-026) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings The Western Riverside County Regional Conservation Authority ("RCA") has entered into that certain agreement dated as of June 4, 2012, entitled "Agreement for Purchase and Sale of Real Property with Escrow Instructions" with Donald Fischer ("Purchase Agreement") for the purchase of approximately 10.96 acres of land west of the City of Temecula (the "Property") as identified on Exhibit A, Legal Description, of the Purchase Agreement: A. RCA will dedicate the Property to open space uses with public trails. B. The Property is located outside the City boundaries, but within the City's Sphere of Influence. C. The Property is located outside of the City boundaries, but within the City's Sphere of Influence. D. Acquisition of the Property and its dedication to open space and trail purposes will provide substantial value to the City of Temecula. The Property is a prominent natural feature dominating the western viewscape for the City in the areas known as the "Escarpment." Use of the Property for these purposes fulfills the goals and policies of the Open Space/Conservation Element of the General Plan for the City of Temecula and particularly the following: Goal 3, conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity; Goal 5, conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features; Policy 5.1, conserve the western escarpment and southern ridgelines, the Santa Margarita River, slopes in Sphere of Influence; and Goal 8, development of a trail system that serves both recreational and transportation needs. E. Acquisition of the Property by RCA with the contribution from the City and the dedication of the Property to open space and trail purposes is consistent with the City's General Plan and each element thereof. F. The City Council has duly considered all terms and conditions of this Agreement and finds and determines that the Agreement is in the best interests of the City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. Approval of Funding Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (the "Agreement"), with such changes in the Agreement as may be mutually agreed upon by the RCA and City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the City of the such escrow instructions, escrow agreements, implementing agreements, acceptances, certificates, estoppel letters, implementing agreements and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Section 4. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA (FISCHER FAMILY TRUST PROPERTY) THIS AGREEMENT is made and entered into by and between the Western Riverside County Regional Conservation Authority, a public agency and joint powers authority ("RCA") and the City of Temecula, a municipal corporation ("City") and shall be dated as of May 22, 2012. In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: A. RCA is a joint powers authority, of which the City is a member agency, that was formed to implement the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), a multi jurisdictional habitat conservation plan focusing on the conservation of both sensitive species and associated habitats to address biological and ecological diversity conservation needs in western Riverside County, and setting aside significant areas of undisturbed land for the conservation of sensitive habitat while preserving open space and recreational opportunities. B. RCA has negotiated the terms of that certain agreement entitled "AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY WITH ESCROW INSTRUCTIONS" with Nancy C. Fischer, Trustee of the Donald D. Fischer Family Trust dated October 1, 1982 ("Purchase Agreement") for the purchase of approximately 10.96 acres of real property located in the unincorporated area of Riverside County and abutting the City of Temecula, Assessor's Parcel Number 940-300-026 (the "Property") more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. C. RCA will designate the Property as Additional Reserve Lands pursuant to the MSHCP. (1 MSHCP, §§ 3.2.1 & 3.2.2; Implementing Agreement, §§ 3.3 & 3.72, p. 4.) D. The Property is located outside of the City boundaries, but within the City's Sphere of Influence. E. Acquisition of the Property and its dedication to open space and trail purposes will provide substantial value to the City of Temecula. The Property is a prominent natural feature dominating the western viewscape for the City in the areas known as the "Escarpment." Use of the Property for these purposes the fulfills goals and policies of the Open Space/Conservation Element of the General Plan for the City of Temecula and particularly the following: Goal 3, conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity; Goal 5, conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features; Policy 5.1, conserve the western escarpment and southern 26493.00290\7401496.1 ridgelines, the Santa Margarita River, slopes in Sphere of Influence; and Goal 8, development of a trail system that serves both recreational and transportation needs. F. City desires to assist the RCA in funding the purchase of the Property. G. Acquisition of the Property by RCA with the contribution from the City and the dedication of the Property to open space and trail purposes is consistent with the City's General Plan and each element thereof. H. The City Council has duly considered all terms and conditions of this Agreement and finds and determines that the Agreement is in the best interests of the City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. 2. City Contribution of Funds for Acquisition of Property. A. City shall pay to RCA the sum of ONE HUNDRED THIRTY THOUSAND Dollars ($130,000) for the purchase price of the Property. B. City shall pay such sum into the escrow for the purchase of the Property pursuant to the Purchase Agreement ("Escrow") within five (5) business days of notice to the City by RCA that the Escrow is ready to close. RCA's notice to the City shall provide directions for the wiring of the City funds to Escrow. C. Within five (5) business days of the close of Escrow, RCA shall provide City with a copy of the Grant Deed and a closing statement. 3. RCA to Dedicate Property to Open Space and Trail Uses A. As soon as practical, but not later than three (3) months from the date of the close of Escrow, RCA shall record a restrictive covenant, or another similar document, as determined by the RCA, to dedicate the Property to open space and trail uses that would be consistent with the MSHCP. B. City shall be a third party beneficiary to such restrictive covenant or similar document with the right to enforce its provisions. C. City shall consent to such restrictive covenant or similar document prior to its recordation, provided such consent shall not be unreasonably withheld or delayed. 4. Establishment of a Trail System on Property. A. City may use its reasonable efforts to establish a trail system on the Property for pedestrians and equestrians, consistent with the MSHCP. RCA agrees to work with the City to assure the trail system's consistency with the MSHCP. B. City agrees to pay for all costs associated with and undertake all other actions necessary in constructing and maintaining any trail system that may be developed on the 26493.00290\7401496.1 2 Property and agrees to indemnify RCA against any liability, except such liability that may be the result of RCA's negligence. 5. Consideration of Annexation of Property into City. A. City may use its reasonable efforts to investigate the feasibility of annexing the Property into the City. RCA shall cooperate in the process to the extent appropriate. B. Nothing in this Agreement is intended to be, nor shall it be construed to be, a commitment on the part of the City to annex the Property into the City. 6. General A. 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 written notice to the other party: City: CITY OF TEMECULA PO Box 9033 Temecula, California 92589-9033 Attention: City Manager With a copy to: Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Attn: Peter M. Thorson RCA: WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY 3403 Tenth Street, Suite 320 P.O. Box 1667 Riverside, CA 92502-1667 Attn: Executive Director With a copy to: Best, Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 Attn: Michelle Ouellette B. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. 26493.00290\7401496.1 3 C. Amendments hereto must be in writing executed by the appropriate authorities of the City and RCA. D. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. E. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. F. Each person signing below personally warrants and represents to the parties that the party he or she represents has approved this Agreement, intends to be bound by its terms and that they are duly authorized to execute this Agreement on behalf of the party they represent. G. The parties acknowledge that time is of the essence in this Agreement. H. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. I. A waiver or breach of covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for the performance of any other obligation or act. J. Each party acknowledges and agrees that this Agreement is valid, binding and enforceable against the party. K. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. 26493.00290\7401496.1 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OFTEMECULA, a municipal corporation WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, a public agency and a joint powers authority Chuck Washington Mayor ATTEST: Charles V. Landry Executive Director ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Honey Bemas Clerk of the RCA Board APPROVED AS TO FORM: Peter M. Thorson City Attorney DB 26493.0 029 0174 014 96.1 5 Best Best & Krieger, LLP General Counsel EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of Parcels 11, 12 and 13 of Parcel Map 18254, in the County of Riverside, State of California, as per Map recorded in Book 116, Pages 69 through 78 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: Parcel "C" of Lot Line Adjustment No. 97-0163, recorded June 13, 1997 as Instrument No. 97- 209210 of Official Records of Riverside County, being a portion of Parcel "B" of Lot Line Adjustment No. 96-0237 recorded October 25, 1996 as Instrument No. 96-408892 of Official Records, together with portions of Parcels 11 and 12 of Parcel Map 18254 on file in Book 116, Pages 69 through 78 inclusive of Parcel Maps, and described as follows: BEGINNING at the most Westerly corner of Parcel "B" of said Lot Line Adjustment No. PA 96- 0237, said corner being on the Santa Rosa Ranch Line; Thence along the Westerly line of said Parcel "B" of Lot Line Adjustment No. PA 96-0237 and said Parcel 12 of Parcel Map 18254, South 17 degrees 41 minutes 13 seconds East, 1,182.91 feet to the Northerly line of Rancho California Road as shown on said Parcel Map 18254; Thence South 00 degrees 39 minutes 51 seconds West, 44.00 feet to the centerline of said Rancho California Road, said point being on a non -tangent curve, concave Southerly and having a radius of 550.00 feet to which a radial line bears North 00 degrees 39 minutes 51 seconds East; Thence Southeasterly along said centerline and curve, through a central angle of 36 degrees 30 minutes 09 seconds, an arc length of 350.40 feet; Thence continuing along said centerline, tangent to said curve, South 52 degrees 50 minutes 01 seconds East, 335.63 feet to the beginning of a curve, concave Northeasterly and having a radius of 625.00 feet; Thence Southeasterly along said curve, through a central angle of 29 degrees 29 minutes 03 seconds, an arc length of 321.62 feet; Thence South 82 degrees 19 minutes 04 seconds East, 105.77 feet to a point on the above mentioned Santa Rosa Ranch line; Thence Northwesterly along the said Santa Rosa Ranch line, North 39 degrees 48 minutes 45 seconds West, 2,110.17 feet to the POINT OF BEGINNING. Assessor's Parcel Number: 940-300-026-2 Exhibit "A" 26493.00290\7401496.1 11711'01V IS 7' IVOIV Habitat Management Unit - Santa Ana Mtns Rough Step Unit 5 Area Plan - Southwest Area SubUnit -SU6 - Santa Rosa Plateau RC 22000243 111.1117W PNvect Sne *RC Non RCA Consermlon 'eat2 RCA CCHSEMATKIN EASEMENTS 1=1 Colvin Celt RCA RISNC. Cotnwrne Leone OveictluaN.Paft Co‘Nonta Leone 0 500 1.000 2.000 Ifvfosolv 3.000 4.000 5.000 33'31 VA IYX,070 $ egional onterratIon uthelity .......—....., February 1. 2012 w 0 • PO Status s of Escarpment Properties ►r 1 i — Highways ® Properties with HANS Protection or Preserved Open Space - Streets 1 1 Riverside Conservation Authority Acquired Properties ili Parcels - Visible Properties to Consider for Future Acquisition LjuiMURRIETA - Owner Willing to Sell at Appraised Value: $130 K TEMECULA H Existing House 0 800 1,600 3,200 Feet May 7, 2012 a iv C"� O"2S 7 8-1-1s s n _x _ Item No. 8 Approvals City Attorney Director of Finance City Manager gtd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Cooperative Agreement between the City of Temecula and the Temecula Community Services District RECOMMENDATION: Approve a Cooperative Agreement for the purchasing of supplies, equipment and services, and for providing maintenance and construction services for City affiliated entities. BACKGROUND: The TCSD is a governmental entity organized to provide services to the people of Temecula. The legislative body of the TCSD is composed of the members of the City Council of the City of Temecula. The jurisdictional boundaries of the TCSD are coterminous with the boundaries of the City of Temecula. Each fiscal year, the City and the TCSD enter into several agreements for the purchase of supplies, equipment and services, and agreements for maintenance and construction services for the public facilities and maintenance areas that are either owned, operated or controlled by the City or TCSD, including but not limited to: custodial services; maintenance of buildings, facilities, parks, medians, slopes, or rights of way; purchases of supplies, equipment or services; construction of buildings, facilities, parks, medians, slopes, or rights of way; professional services ("Purchases and Services"). Many of these agreements are with the same providers or contractors for the same purchases or services. The funds for such Purchases and Services are from several different sources. The purpose of this Agreement is to consolidate the agreements for Purchases and Services into the control of the City in order to provide more efficient purchasing and services and provide for the proportionate funding or reimbursement of such Purchases and Services by the TCSD FISCAL IMPACT: Implementing this agreement will provide for a more effective means of processing agreements and will thus result in operational efficiency savings. ATTACHMENTS: Cooperative Agreement Rev 1 May 11, 2012 gb COOPERATIVE AGREEMENT FOR THE PURCHASING OF SUPPLIES, EQUIPMENT AND SERVICES AND FOR PROVIDING MAINTENANCE AND CONSTRUCTION SERVICES FOR CITY AFFILIATED ENTITIES THIS AGREEMENT is made and entered into as of May 22, 2012 between the City of Temecula ("City"), a municipal corporation and the Temecula Community Services District ("TCSD"), a community services district. In consideration of their mutual promises set forth in this Agreement, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties hereto agree are true and correct: A. The TCSD is a governmental entity organized to provide services to the people of Temecula. The legislative body of the TCSD is composed of the members of the City Council of the City of Temecula. The jurisdictional boundaries of the TCSD are coterminous with the boundaries of the City of Temecula. B. Each fiscal year, the City and the TCSD enter into several agreements for the purchase of supplies, equipment and services, and agreements for maintenance and construction services for the public facilities and maintenance areas that are either owned, operated or controlled by the City or TCSD , including but not limited to: custodial services; maintenance of buildings, facilities, parks, medians, slopes, or rights of way; purchases of supplies, equipment or services; construction of buildings, facilities, parks, medians, slopes, or rights of way; professional services ("Purchases and Services"). Many of these agreements are with the same providers or contractors for the same purchases or services. The funds for such Purchases and Services are from several different sources. C. The purpose of this Agreement is to consolidate the agreements for Purchases and Services into the control of the City in order to provide more efficient purchasing and services and provide for the proportionate funding or reimbursement of such Purchases and Services by the TCSD. 2. Purchasing and Construction Services to be Provided by City. The City shall provide Purchases and Services for the TCSD and shall enter into agreements with appropriate vendors and contractors for the performance of such Purchases and Services. The TCSD shall fund or reimburse the City its proportional share of the costs of such Purchases and Services. A. The City Manager of the City and the General Manager of TCSD, or their designees, shall develop administrative procedures for the TCSD to request Purchases and Services from the City and for the funding or reimbursement for such Purchases and Services by TCSD. B. The City Manager and the General Manager, or their designees, shall determine the portion of those Purchases and Services that are to be funded by the TCSD or to be reimbursed to the City by the TCSD and the General Manager shall transfer funds to the City or shall reimburse the City for the TCSD's proportionate share of the costs of such Purchases and 1 DRAFT: MAY 10, 2012 Services subject to and in accordance with the TCSD's Budget as approved by the TCSD Board of Directors. C. City shall enter into the agreements for Purchases and Services in accordance with the applicable requirements of state law and the Temecula Municipal Code. D. City shall administer the agreements for Purchases and Services for TCSD. The General Manager of TCSD is directed and authorized to reimburse the City for TCSD's proportional share of the administrative costs to the City of providing Purchases and Services subject to and in accordance with the TCSD's Budget as approved by the TCSD Board of Directors. E. TCSD may elect to enter into its own agreements for Purchases and Services without termination of this Agreement. F. To the extent there are existing agreements for Purchases and Services to which TCSD is a party, the City Manager of the City and the General Manager of TCSD, or their designees, shall determine the portion of those agreements for Purchases and Services that are to be funded by the City, if any, and the City Manager shall transfer funds to the TCSD or shall reimburse the TCSD for the City's proportionate share of the costs of such Purchases and Services subject to and in accordance with the City's Budget as approved by the City Council. 3. Term. This Agreement shall commence on the date first written above. Either party may terminate this Agreement for any reason, with or without cause, on ten (10) days written notice to the other; provided, however, that such termination shall not be effective until such time as all agreements for Purchases and Services entered into pursuant to this Agreement have been completed or terminated. 4. Indemnification. Each party shall indemnify and hold the other party and their respective officers, officials, agents, employees and volunteers, harmless from all costs (including attorney's fees and costs), claims, demands, stop notices, liabilities or judgments for injury or damage to property and injuries to persons, including death, or breach of agreement arising from the other party's action or inaction relating to Purchases and Services pursuant to this Agreement. This Section shall survive termination or expiration of this Agreement. -2- Error! Unknown document property name. DRAFT: MAY 10, 2012 IN WITNESS WHEREOF, the City and TCSD have executed this Agreement as of the date first written above. CITY OF TEMECULA Chuck Washington Mayor Attest Susan W. Jones, MMC City Clerk Approved as to form: Peter M. Thorson City Attomey DB -3- Errort U.ksowndocue.t Property sane. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan W. Jones, MMC Secretary/City Clerk Approved as to form: Peter M. Thorson General Counsel -4- Error! Unknown document property name. DRAFT: MAY 10, 2012 Item No. 9 Approvals City Attorney Director of Finance City Manager Altd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Street Maintenance Division for Fiscal Year 2012-13 PREPARED BY: Rodney Tidwell, Maintenance Supervisor Mylene Waterman, Administrative Assistant RECOMMENDATION: Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for routine street maintenance and emergency services for various Street Maintenance Division needs. General Engineering Contractor Services CalMat Co. dba Vulcan Materials Company $100,000 Main Street Signs $75,000 Traffic Striping Pacific Striping, Inc. $330,000 Vehicle/Equipment Maintenance Don Blakely dba Blakely's Truck Service $30,000 BACKGROUND: The City Council previously approved agreements with the above listed firms to provide on-call services and/or products. The original agreements allow for term extensions. Agreement extensions will allow for continued provision of routine, as well as, emergency street maintenance to the community. Throughout the year, services and/or products are requested as needed and purchase orders are drawn accordingly. Funds are allocated from the corresponding budget accounts. FISCAL IMPACT: Adequate funds will be available in the Public Works Department, Street Maintenance Division budget, upon approval of the Fiscal Year 2012-13 budget. ATTACHMENTS: Amendments SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CALMAT CO. (dba VULCAN MATERIALS COMPANY WESTERN DIVISION) HOT MIX ASPHALT AND SS1H EMULSION TACK THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CALMAT Co., dba VULCAN MATERIALS COMPANY WESTERN DIVISION (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Vendor entered into that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack", in the amount of $100,000. b. On July 1, 2011, the City and Vendor entered into the First Amendment to that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack," to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2013, increase the payment in the amount of $100,000, 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 Ag ree me nt. 3. Section 3 of the Agreement entitled "PURCHASE PRICE" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Description and Price List of Merchandise, 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 A, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Hot Mix Asphalt and SS1H Emulsion Tack for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 1 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA CALMAT CO. (dba VULCAN MATERIALS COMPANY WESTERN DIVISION) (Two Signatures of corporate of lcers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Michael Linton Vice President of Properties ATTEST: By: By: Susan W. Jones, MMC, City Clerk Jeffrey McCormick Vice President of Finance APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR CALMAT CO. (dba VULCAN MATERIALS COMPANY WESTERN DIVISION) 3200 San Fernando Road Los Angeles, CA 90065 (323) 474-3344 clarkk@vmcmail.com Attn: Karan Clark 3 PM Initials: J} Date: J/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 4 Attn: Rodney Tidwell [Rod ney.TidweIIcityoftemecuIa.org] 951-694-6475 Temecula/ City Of Po Box 9033 Temecula, CA 92589 Acct #: 0710049 Date: Wednesday, May 02, 2012 Quote Created: Wednesday, May 02, 2012 Quote #: Quote Name: Effective From: Version #: 1-N I R6X6 1-N I R6X6 Sunday, July 01, 2012 5 Special Instructions: Price Quoted is for Plant Pick Up - Delivery is Extra. Environmental Fee is $3.00 / Load + tax. Prices effective 07/01/2012 - 06/30/2013 Asphalt Plant Product Name Product Corona Asphalt Reg-HotMix64-10 B5X Corona Asphalt SheetMix/SchlMix B7X Corona Asphalt COLD MIX 3/8"SC8 B9H Corona Asphalt SS1 H / GAL BM1 Corona Asphalt SS1 H/ 4.5 Gal Bucket BM2 Vulcan Materials Company Project: FOB CORONA 7/1/12 Thru 6/30/12 PICKED UP VARIOUS LOCATIONS T E M E C U LA, CA Sales Rep: Joelle Donaldson Quote Expiration: Price Expiration: Qty. 1 1 1 1 1 U/M TONS TONS TONS GALS Each (626)633-4239 Friday, June 01, 2012 Sunday, June 30, 2013 F.O.B. Plant $69.00 $73.00 $73.00 $7.00 $41.00 Tax $5.35 $5.66 $5.66 $0.54 $3.18 F.O.B. Plant Tax Incl. $74.35 $78.66 $78.66 $7.54 $44.18 All taxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard terms and conditions apply. This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. Please contact Sales prior to placing the order. Accepted by: Sales Representative: Date: Date: We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure serving your needs for this and future projects. Quotation generated on 5/2/2012 Vulcan Materials Company ("Seller") All Quotes • All sales by Seller to Buyer shall be subject to Seller's General Terms and Conditions of Sale which shall supersede all other written and oral agreements, invoices, understandings, statements, promises and memoranda between the parties. • Materials are quoted in U.S. units unless otherwise specified. • Applicable environmental fees shall apply to individual loads and shall be added to the invoice. • Seller's duties and liabilities under this agreement are subject to contingencies beyond the reasonable control of Seller including, but not limited to, the interruption of power to Seller's production facility, or other occurrence which makes it impracticable or unreasonable for Seller to provide the materials quoted herein or otherwise perform its obligations. In such circumstances, Seller's performance shall be excused and Seller shall not be liable for any loss or damage resulting therefrom. • Any increases in haul rate or tax shall be added at time of delivery. • Prices quoted are SUBJECT TO CHANGE WITHOUT NOTICE until such time as this proposal is signed by Buyer and delivered to Seller. • This quote is made subject to the written approval of the Seller and shall not be binding upon the Seller until so approved. • Quotation is for Monday through Friday (non -holiday) normal daytime production hours, unless otherwise noted. • Buyer is responsible for all applicable sales tax. • Buyer shall be responsible for any damage to delivery trucks and/or mixers, including towing fees, occurring during material delivery and while under the guidance of non -seller personnel. Asphalt & Aggregates Quotes • All materials quoted as commercially produced by Seller, unless otherwise noted. • Material and trucking based upon availability. • Excess unloading or delay time will be charged at the applicable hourly rate. • QCQA quotations can be obtained on a job specific basis. • Unless otherwise stated, when projects include an oil index price fluctuation clause, asphalt prices are based on Seller's participation in the index. Concrete Quotes • Prices contained in this quote are made based on specific concrete mix designs submitted by Buyer to Seller. Any changes or additions by Buyer to submitted mix designs shall be subject to a price adjustment in accordance with Seller's prevailing rates. • Unit prices are based on delivery of a full load as defined by the quote. Deliveries of less than a full load shall be charged a minimum load fee based on Seller's prevailing rates. Seller shall provide Buyer with one "finish load" at no additional charge. • All prices quoted are for concrete batched and delivered at the prevailing ambient temperature at the time of batching and delivery. Requests by Buyer for artificial cooling or heating of concrete shall be subject to applicable additional charges at Seller's prevailing rates. • Unless otherwise stated, Seller does not warrant that concrete will meet specific shrinkage requirements. Landfill Quotes • Buyer must complete and sign Seller's Fill Material Acceptance Agreement as a condition precedent to Seller's acceptance of any fill material. • Seller accepts only inert debris as defined by state statute and regulations. Seller accepts construction debris, as defined by Arizona state statue, only at Seller's Litchfield Landfill in Avondale, Arizona. RESOLUTION RESOLVED, That the officers of this Corporation be, and they hereby are, authorized and empowered to act on behalf of this Corporation with respect to all matters incident to this Corporation's day-to-day operations and arising during this Corporation's ordinary course of Business, which matters do not require the specific approval of this Board of Directors pursuant to the policies of this Corporation. CERTIFICATION I, Brian W. Ferris, do hereby certify and say that I am the duly elected, qualified and acting Assistant Secretary of CalMat Co., a Delaware corporation, dba VULCAN MATERIALS COMPANY, WESTERN DIVISION and that the foregoing resolution is a correct copy of the resolution duly adopted by the Board of Directors of said Corporation on the 24th day of January, 1995. Furthermore, I do hereby certify and say that the foregoing resolution has not been modified, revoked, set aside or terminated, and that the same presently remains in full force and effect. This Certification is made on the 28th day of June, 2011, in the City and County of Los Angeles, State of California. )11640464 10' 67104441'2* Brian W. Ferris r i [SEAL] W:\LEGAL\BWF\CORP\Resolution-Certif-BWF- June 2011.doc CERTIFICATION I, Brian W. Ferris, certify that I am the Assistant Secretary of CalMat Co., a corporation, dba VULCAN MATERIALS COMPANY, WESTERN DIVISION and that Jeffrey L. McCormick and Michael Linton, are authorized to sign the First Amendment to Agreement between City of Temecula and CalMat Co., dba Vulcan Materials Company, Western Division for Hot Mix Asphalt and SS 1 H Emulsion Tack on behalf of said corporation, are Vice Presidents of said corporation; executing the Amendment to Agreement is within the s e of its corporate powers. • d44.4.04. . 4) 444.7 By: Brian W. Ferris Title: Assistant Secretary Date: June 28, 2011 6;J M t } Ar }f.ryj" i41iY", 'iYM rrar re � }}e ft T r Y +t I YJ [SEAL] W:\LEGAL\BWF\CORP\Resolution-Certif-BWF- June 2011.doc A. D. Wessel D. M. James D. F. Sansone R. A. Wason IV E. A. Khan I. P. Hughes M. T. Hurst M. F. Linton D. B. Pasley M. F. Reardon R. E. Sears, Jr. J. F. Perkins Jr. J. L. McCormick President Senior Vice President Senior Vice President Senior Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President and Secretary Vice President, Controller, Treasurer and Assistant Secretary B. W. Ferris Vice President, Assistant General Counsel and Assistant Secretary J. R. Averitt Assistant Secretary A. M. Tucker Assistant Secretary J. W. O'Brien Assistant Treasurer M. G. Brooke Assistant Treasurer SECOND TO AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS FOR CITY STREET NAME SIGNS THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and MAIN STREET SIGNS, a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Vendor entered into that certain Agreement entitled "Agreement for City Street Name Signs", in the amount of $75,000. b. On July 1, 2011, the City and Vendor entered into the First Amendment to that certain Agreement entitled "Agreement for City Street Name Signs," to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $75,000. c. The parties now desire to extend the term of the agreement to June 30, 2013, increase the payment in the amount of $75,000, 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 3 of the Agreement entitled "PURCHASE PRICE" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Seventy Five Thousand Dollars ($75,000) for additional City Street Name Signs for a total Agreement amount of Two Hundred Twenty Five Thousand Dollars and No Cents ($225,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MAIN STREET SIGNS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Chuck Atha, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR Gina M. Atha, Secretary MAIN STREET SIGNS Chuck Atha, President 1211 W. Brooks Street, Suite A Ontario, CA 91762 909/391-0988 2 PM Initials: /� Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 3 Min Street 1 Signs 1211 W. BROOKS ST. STE. A ONTARIO, CA 91762 909-391-0988 FAX 909-391-0249 NAME / ADDRESS CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589-9033 ATTN: ACCOUNTS PAYABLE Estimate DATE 5/3/2012 Rodney REP TERMS Net 30 ITEM CODE DESCRIPTION QTY PRICE EACH TOTAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SQ. POST SQ. POST ANCHORS DRIV-RIV H/W H/W DURA -POST Q -MARKER ALL SIGNS 48" X 48" ALL SIGNS 36" X 36" ALL SIGNS 30" X 36" ALL SIGNS 30" X 30" ALL SIGNS 30"X 24" ALL SIGNS 24" X 24" ALL SIGNS 24" X 18" ALL SIGNS 18" X 18" ALL SIGNS 12"X 18" ALL SIGNS SMALLER NON STANDARD TRAFFIC SIGNS $2L00 sq ft SQUARE POST 10' SQUARE POST 12' POST ANCHORS 30" DRIVE RIVETS 3/8 HARDWARE for street name signs HARDWARE nuts and bolts Iset DURA -POST W/BASES (delineators) ROAD MARKERS 4"X21" W/ BASES (island markers) PRICES GOOD THRU JULY 2012 THRU JUNE 2013 SALES TAX 144.00 81.00 67.50 56.25 45.00 36.00 27.00 20.25 18.00 15.00 0.00 55.00 65.00 35.00 1.00 22.00 4.50 45.00 40.00 144.00T 81.00T 67.50T 56.25T 45.00T 36.00T 27.00T 20.25T 18.00T 15.00T 0.00T 55.00T 65.00T 35.00T I.00T 22.00T 4.50T 45.00T 40.00T TOTAL ALL QUOTES GOOD FOR 30 DAYS. EMAIL: sales@mainstreetsigns.net mainstreetsigns.net WEBSITE: www.mainstreetsigns.net Main Street 1 Signs 1211 W. BROOKS ST. ONTARIO, CA 91762 OFFICE: 909-391-0988 FAX: 909-391-0249 CUSTOMER CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589-9033 ESTI MATE Date 5/3/2012 Rep Terms Net 30 ITEM DESCRIPTION QTY PRICE EACH Total R1 R2 R4-7 W55 W5 W 20- I C5 R1-4 G93 R32 STOP SIGN 30x30 HIP 1 160 SPEED LIMIT 25 24X30 HIP KEEP RIGHT SYMBOL 24X30 HIP FLOODED 30X30 HIP CURVE (ARROW) LT OR RT 36X36 HIP ROAD WORK AHEAD 36X36 HIP DETOUR W/ARROW 36X12 HIP ALL WAY 18X6 HIP BIKE ROUTE 24X18 2 HR PARKING W/TIMES 12X18 HIP PRICES ARE GOOD THRU JULY 2012 - JUNE 2013 55.23 37.10 37.10 37.10 58.30 58.30 22.26 6.63 22.26 12.99 55.23T 37.10T 37.I0T 37.10T 58.30T 58.30T 22.26T 6.63T 22.26T 12.99T SALES TAX (7.75%) TOTAL SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. FOR STREET STRIPING PROGRAM, FY 2012-13 THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and PACIFIC STRIPING, INC., a Corporation, (hereinafter referred to as "Vendor"). 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 14, 2009, the City and Vendor entered into that certain Agreement entitled "Agreement for Street Striping Program, FY2009-10. b. On January 11, 2011 the City and Consultant entered into a separate Maintenance Agreement entitled "Agreement for Street Striping Program FY 2010-2011, PW09-04", in the amount of Three Hundred Thousand Dollars and No Cents ($300,000). c. On October 11, 2011 the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Street Striping Program FY 2010-2011, PW09-04", to extend the term of the agreement to June 30, 2013, and to increase the payment in the amount of Three Hundred Thousand Dollars and No Cents ($300,000). d. The parties now desire to extend the term of the agreement to June 30, 2013, and to increase the payment in the amount of Three Hundred Thirty Thousand Dollars and No Cents ($330,000), 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 Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Three Hundred Thirty Thousand Dollars and No Cents ($330,000), for additional Street Striping FY 2012-2013 for a total of Nine Hundred Thirty Thousand Dollars and No Cents ($930,000). 1 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA PACIFIC STRIPING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Scott Fisher, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Greg Fisher, Secretary/Treasurer Pacific Striping, Inc. Scott Fisher P.O. Box 1691 Whittier, CA 90609 (562) 945-7805 3 PM Initials: n Q Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 4 Pacific Striping, Inc. P.O. Box 1691 Whittier, CA 90609 562-945-7805 FAX 562-481-3765 pacific.stripina verizon.net Licence #465696 TEMECULA EXTRA WORK REPORT Attachment A PROJECT: Public Works Maintenance Contract OWNER/CONTRACTOR: City of Temecula WORK AUTHORIZED BY: Rodney Tidwell EXTRA WORK #: DESCRIPTION: START DATE: 07/01/2012 FINISH DATE: 06/30/2013 COMPLETION STATUS: PACIFIC STRIPNG EQUIPMENT # OF TOTAL RATE REG RATE OT RATE UNITS HRS 8/HR AMOUNT LABOR HRS 8/HR HRS $/HR AMOUNT Road Striping Truck $150.00 1 Ton Stake Truck $75.00 Stenciling Truck $100.00 Pavement Marker Truck $125.00 Traffic Control Truck $75.00 Sandblast Rig $250.00 Crash Truck $250.00 :quipment: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Foreman Operator Laborer $65.00 $60.00 $50.00 $76.00 $68.00 $68.00 SMALL TOOLS Construction Signs Labor $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 QTY UNIT RATE AMOUNT HR $5.00 $0.00 Cones HR $0.25 $0.00 Baricades HR $5.00 $0.00 Slide Hammer HR $10.00 $0.00 Trash Barrels HR $5.00 $0.00 Arrowboard HR $25.00 $0.00 $0.00 $0.00 Tools $0.00 (Markup Included) Sub -Total• $0.00 MATERIALS (incl. Tax) QTY UNIT RATE AMOUNT TRUCKING QTY UNIT RATE AMOUNT Paint GA $15.00 Beads LBS $0.50 Marker Asphalt EA $50.00 Markers EA $5.00 Signs EA $100.00 Total Materials: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Low Bed HR $195.00 Double -Bottom HR $195.00 Semi -Bottom HR $195.00 Transfer HR $195.00 End Dump HR $195.00 Ten Wheeler HR $195.00 Total Trucking: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RENTAL EQUIPMENT QTY UNIT RATE AMOUNT $0.00 $0.00 $0.00 Total Renta! Equipment: $0.00 SUBCONTRACTORS QTY UNIT RATE AMOUNT $0.00 $0.00 $0.00 Total Subcontractors: $0.00 Material, Trucking, Rental, & Subs: Sub-SubTotal: $0.00 Markup (% and $J: 15% $0.00 SubTotal: $0.00 01/00/1900 DATE OWNER'S REPRESENTATIVE 1 Work Acknowledgment) DATE GRAND TOTALS: Total Cost w/ Markup: Bond Fee (% and $): 0.00% $0.00 $0.00 TOTAL EXTRA WORK: $0.00 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BLAKELY'S TRUCK SERVICE VEHICLE MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Don Blakely dba Blakely's Truck Service, (hereinafter referred to as "Contractor"). 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, 2011 the City and Contractor entered into that certain Agreement entitled "Agreement for Vehicle Maintenance Services", in the amount of Thirty Thousand Dollars and No Cents ($30,000). b. The parties now desire to extend the term of the agreement to June 30, 2013, increase the payment in the amount of $30,000, 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 FIRST Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000) for additional Vehicle Maintenance Services for a total agreement amount of Sixty Thousand Dollars and No Cents ($60,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BLAKELY'S TRUCK SERVICE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Donald Blakely, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT BLAKELY'S TRUCK SERVICE Don Blakely 31495 Avenida Del Reposo Temecula, CA 92591 2 PM Initials: D Date: ATTACHMENT A Labor rates for Blakely's Truck Service $80.00 per hour between 6 am and 6 pm $120.00 per hour for emergency service after hours Jobs are priced by accepted flat rate guides. Labor not covered by flat rate is priced by actual time. Parts will be supplied at fleet price. Diesel engine oil is currently at $12.00 pear gallon. Warranty is supplied by parts suppliers and is usually one year. Labor warranty is 6 months. Please call if you have any questions. Thank you, Don Blakely 3 Item No. 10 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: May 22, 2012 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Capital Improvements Projects (CIP) Division for Fiscal Year 2012-13 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: Approve the amendments to the following annual agreements in the amounts stated for Fiscal Year 2012-13 for routine services for various Public Works CIP Division needs on as needed basis. Appraisal Services California Property Specialists, Inc. $50,000 Epic Land Solutions, Inc. $50,000 Geotechnical Services Construction Testing & Engineering, Inc. $100,000 Converse Consultants, Inc. $100,000 Leighton Consulting, Inc. $100,000 Title Services Chicago Title $40,000 Engineerinq & Survev Services RBF Consulting, Inc. $100,000 Harris & Associates, Inc. $100,000 Landscape and Plan Check Services David Neault Associates, Inc. $ 100,000 BACKGROUND: On July 26, 2011, the City Council approved agreements with the above listed firms to complete on-call services necessary to assist with delivering CIP projects. Needed services are identified and a scope and fee are requested from the appropriate Consultant. Consultants submit a scope and cost proposal for each service request and funds are allocated from the corresponding CIP project budget. Only approved CIP projects will utilize the services under these agreements, unless otherwise directed by the City Manager or City Council. The original agreements allow for term extensions. Agreement extensions will allow for continued services during Fiscal Year 2012-13. Each firm listed has responded in a timely manner when requested, and performed satisfactorily. Therefore, staff is recommending contract extensions for these firms. FISCAL IMPACT: Adequate funds will be available in the Department of Public Works, Capital Improvements Projects Division budget, upon approval of the Fiscal Year 2012- 13 budget. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: Amendments FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CALIFORNIA PROPERTY SPECIALISTS, INC. APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and California Property Specialists, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Appraisal Services", in the amount of $50,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $50,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000) for additional Appraisal Services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CALIFORNIA PROPERTY SPECIALISTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Kent Jorgensen, Chief Executive Officer Georgia Marquis, Secretary/Treasurer California Property Specialists, Inc. 27782 Vista Del Lago, Suite C29 Mission Viejo, CA 92692 714/550-4628 714/200-0809 Fax Attn: Kent Jorgensen, Chief Executive Officer 2 PM Initials: Date: f/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. CALIFORNIA PROPERTY SPECIALISTS, INC. City of Temecula 2012 Pricing Schedule Acquisition Services Hourly Rate Project Director- Kent Jorgensen Task Rate per Case Discounts Residential Acquisitions $2,500.00 10% discount over 10 cases. Commercial Acquisitions $3,500.00 10% discount over 10 cases. Difficult Commercial/Industrial Acquisitions $5,000.00 Based on level of difficulty. Tenant Acquisitions $1,750.00 Land Only Acquisitions $2,100.00 Part -take Acquisitions $2,750.00 10% discount over 10 cases. Part -take Acquisitions (severance damage Issues) $3,500.00 Relocation Services Task _ Fee 1 Discounts HCD Plan (less then 10 Interviews) $1,500.00 Replacement Housing Plan $750.00 Relocation Plan $1,500 + $75 me $2,500.00 interview 10% discount over 10 cases. Residential Relocations Temporary Residential Relocations $2,000.00 10% discount over 10 cases. Common CommercialIndustrial Relocations $3,500.00 Complex relocation will be based on the level of Industrial Relocations Property Management $10,000.00 difficul as a..roved b Agenc . Task Fee Comments Rent Collections 5% of rent N/A Property Maintenance $75/per hour Rate apply to oversight work for maintenance issues addressed by CPSI. i.e. repairs Subconsultants - Pass Thru** Fee Range Legal Description and Plat Maps 1,000.00 1,500.00 Real Property Appraisals Vacant Land $1,500.00 $2,500.00 Noncomplex residential $750.00 $1,500.00 Part -take Acquisitions (non-complex) $1,500.00 $2,500.00 Noncomplex commercial $2,000.00 $3,000.00 Complex commercial $3,500.00 $5,000.00 Noncomplex Industrial $3,000.00 $4,000.00 Complex industrial $5,000.00 $7,500.00 Review Appraisals $500.00 $1,000.00 Furniture, Fixtures and Equipment Appraisals $1,250.00 $2,500.00 Goodwill appraisals (windshield valuation) $1,000.00 $1,500.00 Goodwill appraisals $5,000.00 $8,000.00 Asbestos Testing -Environmental $1,200.00 $2,500.00 Board -ups $500.00 Fencing Bid by linear foot Additional Services Not Included In Case Rate Position Hourly Rate Project Director- Kent Jorgensen $115.00 Acquisition Team Manager- Bun Presnell $105.00 Relocation Team Manager- Georgia Marquis $105.00 Sr. Acquisition/Sr. Relocation Agent S95.00 Acquisition/Relocation Agent S90.00 Right of Way Technican $75.00 Administrative -Clerical $50.00 3 CALIFORNIA PROPERTY SPECIALISTS, INC. City of Temecula 2012 Pricing Schedule Acquisition Services Hourly Rate iND $115.00 Task Rate per Case Relocation Team Manager- Georgia Marquis Discounts Residential Acquisitions $2,500.00 Acquisition/Relocation Agent 10% discount over 10 cases. Commercial Acquisitions $3,500.00 Administrative-Clerica I 10% discount over 10 cases. Difficult Commercial/Industrial Acquisitions $5,000.00 Based on level of difficulty. Tenant Acquisitions $1,750.00 Land Only Acquisitions $2,100.00 Part -take Acquisitions $2,750.00 10% discount over 10 cases. Part -take Acquisitions (severance damage issues) $3,500.00 Relocation Services Task Fee Discounts HCD Plan (less then 10 interviews) $1,500.00 Replacement Housing Plan $750.00 Relocation Plan $1,500 + $75 per interview Residential Relocations $2,500.00 10% discount over 10 cases. Temporary Residential Relocations $2,000.00 10% discount over 10 cases. Common Commercial/Industrial Relocations $3,500.00 Complex relocation will be based on the level of difficul as a..roved b A.enc . Industrial Relocations Property Management $10,000.00 Task Fee Comments Rent Collections 5% of rent N/A Property Maintenance $75/per hour Rate apply to oversight work for maintenance issues addressed by CPSI. i.e. repairs Subconsultants - Pass Thru** Fee Range Legal Description and Plat Maps $1,000.00 $1,500.00 Real Property Appraisals Vacant Land $1,500.00 $2,500.00 Noncomplex residential $750.00 $1,500.00 Part -take Acquisitions (non-complex) $1,500.00 $2,500.00 Noncomplex commercial $2,000.00 $3,000.00 Complex commercial $3,500.00 $5,000.00 Noncomplex industrial $3,000.00 $4,000.00 Complex industrial $5,000.00 $7,500.00 Review Appraisals $500.00 $1,000.00 Furniture, Fixtures and Equipment Appraisals $1,250.00 $2,500.00 Goodwill appraisals (windshield valuation) $1,000.00 $1,500.00 Goodwill appraisals $5,000.00 $5,000.00 Asbestos Testing -Environmental $1,200.00 $2,500.00 Boa rd -ups $500.00 Fencing Bid by linear foot Additional Services Not Included in Case Rate Position Hourly Rate Project Director- Kent Jorgensen $115.00 Acquisition Team Manager- Burt Presnell $105.00 Relocation Team Manager- Georgia Marquis $105.00 Sr. Acquisition/Sr. Relocation Agent $95.00 Acquisition/Relocation Agent $90.00 Right of Way Technican $75.00 Administrative-Clerica I $50.00 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND EPIC LAND SOLUTIONS, INC. APPRAISAL SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Epic Land Solutions, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Appraisal Services", in the amount of $50,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $50,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000) for additional Appraisal Services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA EPIC LAND SOLUTIONS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporaf/on.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Holly D. Rockwell, President James L. Overcamp, Jr., Secretary Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 951/321-1800 951/321-1836 Fax Attn: Holly D. Rockwell, President 2 PM Initials: n B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Hourly Rates 2012 Epic Land Solutions, Inc. 1 Hourly Rate Schedule Name Role Hourly Rate Lynette Overcamp Principal In Charge $175 Karen Starr Project Manager $150 Gary Skow Utility Coordinator $150 Gary Peck Certified General Appraiser $150 Kim Bibolet Assistant Project Manager $110 Jacqueline Franks Senior Acquisition & Relocation Agent $100 Rosie Metsker Acquisition & Relocation Agent $90 Darcy Mendoza Acquisition & Relocation Agent $90 Curtis Bibolet Utility Agent $75 Linda Rodriguez Project Support $65 Reimbursable Expenses Type of Expense Cost/Unit Travel Expenses (Airline, Lodging, Cor Rental, Food, Incidentals) At Cost Automobile Mileage IRS allowable Postage/Overnight Packages At Cost Online & Data Services At Cost Subconsultants or Contractors Cost + 10% 3 Hourly Rates 2012 Epic Land Solutions, Inc., Hourly Rate Schedule Name Role Type of Expense Hourly Rate Lynette Overcamp Principal In Charge $175 Karen Starr Project Manager $150 Gary Skow Utility Coordinator $150 Gary Peck Certified General Appraiser $150 Kim Bibolet Assistant Project Manager $110 Jacqueline Franks Senior Acquisition & Relocation Agent $100 Rosie Metsker Acquisition & Relocation Agent $90 Darcy Mendoza Acquisition & Relocation Agent $90 Curtis Bibolet Utility Agent $75 Linda Rodriguez Project Support $65 Reimbursable Expenses Type of Expense Cost/Unit Travel Expenses (Airline, Lodging, Car Rental, Food, Incidentals) At Cost Automobile Mileage IRS allowable Postage/Overnight Packages At Cost Online & Data Services At Cost Subconsultants or Contractors Cost + 10% The above schedule is subject to an annua! escalation of 5%. The increases shall take effect on the 15t anniversary of the contract and annual thereafter. Epic Land Solutions, Inc. regards in-house photocopying, first class postage, telephone, cellular and facsimile communication as charges inclusive in the hourly rates. In the event that Epic Land Solutions, Inc is required to perform services in relation to litigation arising out of any project of client, such services shall be subject to two times the hourly rates quoted above. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CONSTRUCTION TESTING & ENGINEERING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Construction Testing & Engineering, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Geotechnical and Material Testing Services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA CONSTRUCTION TESTING & ENGINEERING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Tom Gaeto, President Rodney Ballard, Vice President Construction Testing & Engineering, Inc. 14538 Meridian Parkway, Suite A Riverside, CA 92518 951/571-4081 951/571-4188 Fax Attn: Tom Gaeto, President 2 PM Initials: n Date: (/ !� ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 March 27, 2012 CONSTRUCTION TESTING & ENGINEERING, INC. 14538 MERIDIAN PARKWAY. SUITE A I RIVERSIDE. CA 92518 1951.571.4081 I FAX 951.571.4188 City Of Temecula Department of Public Works 41000 Main Street Temecula CA 92589-9033 951-694-6444 SUBJECT: CTE FEE SCHEDULE FOR THE: RFP FOR ANNUAL AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS APPROVED FOR FY 2012-2013 Dear City of Temecula: Construction Testing and Engineering, Inc. (CTE) is pleased to present the attached proposal for the Annual Agreement for Geotechnical and Material Testing Services for the City's Public Works Dept. CTE intends to perform all services as specified within the City's Standard Professional Services Agreement in its present form, and will submit certified payrolls for the applicable trades. COMPETITIVE ADVANTAGE CTE has a competitive advantage over other firms for the following reasons: ■ All of our services are provided from our own facilities. ■ CTE does not have ANY 'hidden' costs in proposals. For example there will never be a separate charge for mileage or sample pick up. Everything that is invoiced is identified in the proposal. ■ CTE's Professional Knowledge Sharing Resources ■ Certified / Qualified Inspectors and Technicians (ICC, AWS, DSA, NICET, City, ACI, Fire & Life Safety) ■ Certified Laboratories (AMRL/CCRL, AASHTO, CALTRANS, USACE, NAVFAC, DSA) ■ Electronic Report Documentation / Dissemination / FTP Site ■ 22 YEARS EXPERIENCE IN SOUTHERN CALIFORNIA PROJECT BUDGET CTE recognizes in this time of ever shrinking budgets, many Cities like Temecula are looking for ways to save money on projects and to justify how and where tax dollars are spent. One way CTE has developed to save our clients money is to not use the industry billing standard of the 4, and 8 hour blocks of time, but to instead bill our clients for time on site rounding up to the nearest hour, plus one hour. While this may only save the City of Temecula 1 March 27, 2012 Construction Testing and Engineering, Inc. Fee Schedule Agency an hour here or there the savings does add up over time, thus making the most efficient use of tax dollars. We request that while considering our proposal; please keep in mind that our rates include review and distribution of all reports. No additional charges for travel, mileage or administrative work will be added. We don't nickel and dime our clients with miscellaneous charges for things like "Nuclear Gauge rental" CTE is small enough to be flexible to your needs yet large enough to provide quality services in a timely and efficient manner. PROJECT BUDGET SAVINGS CTE employs several multi -carded Soil Technicians who could also provide concrete inspection as needed. Through efficient use of staff assigned to the project and our ability to utilize multi -registered technicians who could perform several functions during a single site visit; the City would be able to realize substantial savings on future projects. CERTIFIED AND ACCREDITED CTE's construction material testing and special structural inspection capabilities include field inspection and material testing required to be performed on most construction projects. CTE can perform California and Uniform Building Code, Federal, State, and local municipality requirements for construction inspection and constriction materials quality testing. CTE employs a large staff of ICC -certified and City -certified inspectors for concrete, post -tension concrete, masonry, structural steel, fireproofing, building inspection, and mechanical, plumbing, and electrical inspection. Many whom live in Temecula. CTE is fully certified and accredited by all federal, state, and local regulatory agencies in California (including DSA) and Nevada who certify Construction Quality Assurance Inspection Agencies. These include the following: • State of California Division of the State Architect (DSA) • AASHTO / AMRL / CCRL • US Army Corps of Engineers • US Naval Facilities Engineering Command (NAVFAC) • CTE continues to maintain our inspection proficiency program with AMRLJCCRL and is an active participant in CCRL Proficiency Sampling Program DESIGNATED PRIMARY POINT OF CONTACT The Designated Primary Point of Contact is Branch Manager, Vince Patula, RCE. He can be reached at (951) 571-4081, ext 6210. Vince has over twenty-five years experience in the geotechnical and materials testing and inspection industry. He has been with CTE for eight -teen years, and, will oversee all activities associated with and future projects including planning and personnel assignment, laboratory operations, report production, verification and validation, and accounting. City of Temecula 2 March 27, 2012 Construction Testing and Engineering, Inc. Fee Schedule Tiffany Hilborn is designated the Client Representative for the project and should be called if Mr. Patula is unreachable. Tiffany has a degree in Geology and over 10 years construction experience. CTE will perform all services and will be available to the City 24 hours a day without the assistance of sub -consultants. CLOSING CTE has the necessary resources and technical knowledge to guarantee that the services required for your projects are provided within your budget, timetable and quality expectations. We thank you for the opportunity to submit our proposal and look forward to working with. Please contact us at (951) 571-4081 or (951) 552-5732 if you have any questions or if I may be of assistance to you. I can also be contacted via email at Tiffany@cte-inc.net. Sincerely, CONSTRUCTION TESTING & ENGINEERING, INC. Tiffany Hilborn, Business Developnt 14538 Meridian Parkway, Suite A Riverside, CA 92518 PI 951.571.4081 Fl 951.571.41 88 CI 951.552.5732 City of Temecula 3 March 27, 2012 Construction Testing and Engineering, Inc. Fee Schedule Tiffany Hilborn tiffany@cte-inc.net 951.552.5732 Materials Testing and Inspection Services: Fee Schedule Service Rate/Unit Reinforced Concrete Inspection ACI Concrete Technician PT Concrete Stressing Inspection Concrete Batch Plant Inspection Reinforced Masonry Inspection Field Weld/Bolting Inspection: Epoxy Bolt/Dowel Inspection: Nailing Inspection Registered Special Inspector - Field Welding Registered Special Inspector - Shop Welding Non -Destructive Testing Inspector - Field Non -Destructive Testing Inspector - Shop Registered Special Inspector - Welding Hand Rail Registered Special Inspector - Welding Stair Rail Shotcrete Inspection Fireproofing Inspection Shot -Pins Pull Out Testing: Ceiling Wire Hangar Pull Tests: Concrete Mix Design Review Sodium Sulfate Tests Reactivity Tests Base plate Grout Compression Testing Base plate Grout Inspection Grout Mix Design Review Concrete Compression Tests Masonry Unit Conformance Masonry Composite Prism Tests - 8'k 8"x 16" Masonry Coring - 1 Man Crew Masonry Core Compression Tests Masonry Shear Tests Mortar Compression Tests Grout Compression Tests Fireproofing Density Test Fireproofing Adhesion/Cohesion Test Sample & Tag Rebar Rebar Bend Test - # 11 Bar and Under Rebar Tensile Test - # 11 Bar and Under Sample Pickup Letter of Affidavit $71.50 $71.50 $71.50 $71.50 $71.50 $71.50 $71.50 $71.50 $71.50 $71.50 $81.50 $81.50 $71.50 $71.50 $76.50 $71.50 $71.50 $71.50 $190.00 $70.00 $150.00 $20.00 $65.00 $190.00 $20.00 Quote $95.00 $87.00 $30.00 $60.00 $20.00 $20.00 $20.00 $68.00 $71.50 $35.00 $30.00 $30.00 $150.00 Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Each Each Each Each Each Each Each Each Each Hourly Each Each Each Each Each Each Hourly Each Each Each Each Geotechnical Testing Services: June 2011 Service Rate/ Unit Soils Technician (Compaction Test - Fine Grading, Over -Ex) Soils Technician (Compaction Test - Trench / Wall Backfill) Soils Technician (Compaction Test - Pavement SG 1 Base) Asphaltic Paving Inspection Footing Inspection - Engineer / Geologist Shoring Inspection Lab Maximum Density Test Expansion Index "R" Value Testing Sieve Analysis Compaction Reports Misc. Engineering Services Sr. Geologist Services Sr. Engineer Services $73.50 $73.50 $73.50 $73.50 $90.00 $90.00 $175.00 $120.00 $220.00 $50.00 Quote $90.00 $100.00 $110.00 Hourly Hourly Hourly Hourly Hourly Hourly Each Each Each Each Each Hourly Hourly Hourly We request that while considering our proposal; please keep in mind that our rates include review and distribution of all reports. No additional charges for travel, mileage or administrative work will be added . We don't nickel and dime our clients with miscellaneous charges for things like "Nuclear Gauge rental" CTE is small enough to be flexible to your needs yet large enough to provide quality services in a timely and efficient manner. One way CTE has developed to save our clients money is to not use the industry billing standard of the 4 and 8 hour blocks oftime, but to instead bill our clients for time on site rounding up to the hour, plus one hour. While this may only save an hour here or there the savings does add up over time, thus making the most efficient use of your budget. GENERAL CONDITIONS: The above Fee Schedule is based on billing time -on site plus one hour using a five day work week; all overtime will be billed at 1.5 times regular rate. Same day cancellations or show up time be situations will be subject to the two-hour minimum charge. Please note that all inspector and technician rates will increase every July 1, commensurate with Local 12 document annual increase. Construction Testing Engineering, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CONVERSE CONSULTANTS, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Converse Consultants, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Geotechnical and Material Testing Services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONVERSE CONSULTANTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Hashmi Quazi, President Pamela Keith, Secretary Converse Consultants, Inc. 40810 Country Club Drive, Suite 100 Temecula, CA 92591 951/296-9691 951/676-7240 Fax Attn: Hashmi, President 2 PM Initials: Date: I/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule. Costs of tests not on this schedule will be by quote and%or in accordance with our current hourly fee schedule The rates are based on non -contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM 02488 _. 8.00 Engineering Classification, ASTM D2487 15.00 Moisture Content • Moisture Content & Dry (Bulk) Density, ASTM D2216 8132937 15.00 • Moisture Content, ASTM 02216 10.00 Shrinkage Limit, ASTM 13427 85.00 Atterberg Limits, ASTM 134318 • Several points 80.00 • One pant 40.00 Particle Size Analysis. ASTM D422 • Fine Sieve (From +#200 to #4) 80.00 • Coarse Sieve (From +#200 to 3 in) 80.00 • Hydrometer 85.00 Percent Passing #200 Sieve, ASTM D1140 45.00 Specific Gravity • Fine (passing #4 sieve). ASTM D854 70.00 • Coarse (retained on #4 sieve), ASTM C127 70.00 Sand Equivalent Test 75.00 Double Hydrometer Dispersion, ASTM D4221 150.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction. ASTM D698 or ASTM D1557-91 • Method A or B 120.00 • Method C (6 -Inch mold) 130.00 Califomia Impact Method (Caltrans 216) 200.00 R -value, ASTM D2844 240.00 Califomia Bearing Ratio (CBR), ASTM D1883 • 1 point 125.00 • 3 point 325.00 Relative Density • 0.1 cubic foot mold 200.00 • 0.5 cubic toot mod 300.00 SHEAR STRENGTH Torvane/Pocket Penetrometer 20 00 Direct Shear (per point) • Quick Test 60.00 • Consolidated - Drained (granular soil) ASTM D3080 140 00 • Consolidated - Drained (fine grained soil), ASTM D3080 200 00 • Consolidated - Undrained (fine grained) 120.00 • Residual Strength. per Cycle 45.00 • Remolded Specimens. per specimen 45.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression. ASTM 2166 75.00 Unconsolidated - Undrained, ASTM D2850 110.00 Consolidated - Undrained (per point) 700 00 Consolidated - Drained (per point) 700.00 With Pore Pressure Measurement, per load ........ 150 00 Remolded Specimens, per specimen 45.00 Car,erse Consu tants 3LT2 12 4 CONSOLIDATION AND SWELL COLLAPSE TESTS 8 Load Increments 180.00 Additional load increment 30.00 Time -Ratio, per load increment 60.00 Single Point (collapse test) 60.00 Single Load Swell, ASTM D4546 • Ring Sample, Field Moisture 65.00 • Ring Sample, Air Dined 65.00 Remolded Sample, per specimen 45.00 Expansion Index Test, UBC 29-2/ASTM 04829 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM 02434 250.00 Falling Head Flexible Wall, ASTM 05084 300 00 Triaxial Permeability, EPA 9100 350.00 Remolded Specimen. per specimen 50.00 CHEMICAL TESTS Corrosivity (pH. resistivity. sulfates. chlorides) 150.00 Organic Content. ASTM D2974.. ........... 65.00 Conditions: UM noes presented on his fee schedu a are for routinely performed geotechnical laboratory tests. Numerous other earth material physical testa can be performed in our geotechnical laboratories. inc.u6ng rock core. soil cement end sod lime mixture tests. Tests not fated car be quoted upon request. This fee schedule is valid through January 31. 2013. Rices are based on the assumption that samples are uncontaminated and d0 not Contin heavy, meals, acidscarcinogens and'or volatile organics which can be measured by an organic vapor analyzer or photoonization detector w lh a concentration greater than 50 parts-per-mriLon ippon). Quoted testing fees are based on the assumption that no protective clothing wl I be required to handle samples If Level 0 protechve clothing will be reamed dunng handing of sarnpes (as defined in the Federal CFR Par, 1910 120), then a 40% increase in fees presented in the schedule will be applied, Level C protective c othing vN I be a 60% increase in fees. Converse wt'I not handle samples that requre ether Level B or Level A protection n our geotechnical laboratories. Contaminated samples will be returned to the client Uncontaminated samples nail to d sposed of 30 days alter presentation of test results. The client must disclose the source of samples. Samples imported tram out of state wdl be incinerated ager testngin accordance with requirements of the United States Department of Agncuitsre. Sal samples obtained vethin the State of Caifomie currenty designated quarantine areas will aeo be incinerated n accordance wrh the requirement of the State of Calfomaa. Department of Food and Agncuture. Onnson of Plant Industry, Pest Exc usin A S5.00 incineration fee wal be added to each sample that is requred to be ncnerased in accordance with State and Federal aw. Test results regtarng pots will be presented in a publshable format generated from computer programs. Otherwise. raw test numbers will be presented. A minimum laboratory fee of S50 00 will be charged to present and mai test results. Beyond due standard U. S. Mail delivery. specialized transmittal win be charged at eddiUOnal cost (e g . Federal Express, UPS. etc ). Geotechnical testing does not include engineering andlor geoogic review and analysis. Typical turnaround •or geotectnrca laboratory testatg is two weeks to roughly ten working days). To expedite test tum -around to true working days. a 50% ncrease in the fees in the schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with the ASTM or Wirer standard specifications Fees presented in this schedule for relatively undisturbed direct shear, coneoldation or expansion pressure tests are based on the asstmpton that 22 -inch -diameter (2.416 -Inch mule diameters brass ring samples will be provided to the geotechnical aboratory for testing Remolded soecimens will be compared in standard 2.5 -inch outside diameter brass rings for direct shear. consolidation and exyansion pressure tests. All fees presented in the schedule are based on the assumption that the csent wit delver samples to our laboratory at no additional cost :o Converse. Invoices will be issued monthly and are payebfe on receipt unless othenatse agreed upon. Interest of 1 5% per month (but no exceeding the marmum abwed by bawl will be payable on any amount not paid within thirty days: payment thereafter 90 be applied first to accrued interest and then to the principle unpaid amount. The Client seal pay any attorneys' fees or other costs incurred in collecting any delinquent amounts_ CONVERSE CONSULTANTS Schedule of Fees Personnel Introduction is the objecuve or Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinanly exercised by members of the profession currently practicing in the same locality under similar conditions This fee schedule is valid through January 31. 2013 Hourly Charges for Personnel Staff assignments wil, depend on personnel availability, joh complexity. project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector — ACl/ICC and/or AWS/CWI certified (concrete. post -tension. masonry, structural steel. fireproofing, includes concrete batch plant and local steel fabrication Inspections) 568 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) 78 Construction Inspector/Technician (skidmore. pull testing. torque testing. Schmidt hammer. and pachometer) 78 Coring Technician (including machine and power generator) 85 Soils Techntaan (soil, base, asphalt conuete, and moisture emission testing) 60 Senior Soils Technician 65 Sample Pick-up 50 Professional Services (Field and Office) Staff Professional $80 Senior Staff Professional 85 Project Professional 105 Project Manager 135 Senior Professional 135 Principal Professional 160 Pnncipals/Consultants 180 Laboratory Testing Laboratory Technician $65 (Unit pnces for routine tests quoted upon request; see Geotechnical Laboratory Testing and Matenals Testing Services Schedules of Fees) Office Support ClencaVWord Processing $60 Drafting 65 CAD Operator/Drafting Manager 70 An overtime charge 0150 percent of the above hourly rates (excluding Professional Services) will be added for time In excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked was seven continuous eight hours per day in one work week• not counting vacation or sick leave within the week. Travel time to and from the job site will be charged at the hourly rates for the appropnate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2 Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requinng travel and/or living 50 mules away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mile for company- owned vehicles traveling between principal office and project. a Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits. outside printing services. tests. etc ) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and Is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due. Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date. has been received Further. Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client In the event Client fails to pay Converse for services when said payments are due. 3 Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount, General Conditions The :emu and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule. Client should request a copy from thls office. Converse Consultants P2012 5 CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non -contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488 8.00 Engineering Classification, ASTM D2487 15.00 Moisture Content • Moisture Content & Dry (Bulk) Density, ASTM D2216 & D2937 15.00 • Moisture Content, ASTM D2216 10.00 Shrinkage Limit, ASTM D427 85.00 Atterberg Limits, ASTM D4318 • Several points 80.00 • One point 40.00 Particle Size Analysis, ASTM D422 • Fine Sieve (From +#200 to #4) 80.00 • Coarse Sieve (From +#200 to 3 in) 80.00 • Hydrometer 85.00 Percent Passing #200 Sieve, ASTM D1140 45.00 Specific Gravity • Fine (passing #4 sieve), ASTM D854 70.00 • Coarse (retained on #4 sieve), ASTM C127 70.00 Sand Equivalent Test 75.00 Double Hydrometer Dispersion, ASTM D4221 150.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM D1557-91 • Method A or B 120.00 • Method C (6 -inch mold) 130.00 California Impact Method (Caltrans 216) 200.00 R -value, ASTM D2844 240.00 California Bearing Ratio (CBR), ASTM D1883 • 1 point 125.00 • 3 point 325.00 Relative Density • 0.1 cubic foot mold 200.00 • 0.5 cubic foot mold 300.00 SHEAR STRENGTH Torvane/Pocket Penetrometer 20.00 Direct Shear (per point) • Quick Test 60.00 • Consolidated - Drained (granular soil) ASTM D3080 140.00 • Consolidated - Drained (fine grained soil), ASTM D3080 200.00 • Consolidated - Undrained (fine grained) 120.00 • Residual Strength, per Cycle 45.00 • Remolded Specimens, per specimen 45.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM 2166 75.00 Unconsolidated - Undrained, ASTM D2850 110.00 Consolidated - Undrained (per point) 700.00 Consolidated - Drained (per point) 700.00 With Pore Pressure Measurement, per Toad 150.00 Remolded Specimens, per specimen 45.00 Converse Consultants GLT2012 CONSOLIDATION AND SWELL COLLAPSE TESTS 8 Load Increments 180.00 Additional load increment 30.00 Time -Ratio, per Toad increment 60.00 Single Point (collapse test) 60.00 Single Load Swell, ASTM D4546 • Ring Sample, Field Moisture 65.00 • Ring Sample, Air Dried 65.00 Remolded Sample, per specimen 45.00 Expansion Index Test, UBC 29-2/ASTM D4829 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 250.00 Falling Head Flexible Wall, ASTM 05084 300.00 Triaxial Permeability, EPA 9100 350.00 Remolded Specimen, per specimen 50.00 CHEMICAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) 150.00 Organic Content, ASTM D2974 65.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through January 31, 2013. Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts -per -million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in the Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories. Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing, in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law. Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U. S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis. Typical turn -around for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turn -around to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with the ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 22 -inch -diameter (2.416 -inch inside diameter) brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5 -inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse. Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts. CONVERSE CONSULTANTS Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31, 2013. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfythe technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector — ACI/ICC and/or AWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing, includes concrete batch plant and local steel fabrication inspections) $68 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) 78 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) 78 Coring Technician (including machine and power generator) 85 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) 60 Senior Soils Technician 65 Sample Pick-up 50 Professional Services (Field and Office) Staff Professional $80 Senior Staff Professional 85 Project Professional 105 Project Manager 135 Senior Professional 135 Principal Professional 160 Principals/Consultants 180 Laboratory Testing Laboratory Technician $65 (Unit prices for routine tests quoted upon request; see Geotechnical Laboratory Testing and Materials Testing Services Schedules of Fees) Office Support Clerical,Word Processing $60 Drafting 65 CAD Operator/Drafting Manager 70 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked was seven continuous eight hours per day in one work week, not counting vacation or sick leave within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mile for company- owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse Consultants P2012 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Geotechnical and Material Testing Services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LEIGHTON CONSULTING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporaf/on.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Thomas C. Benson, President/CEO Terrance M. Brennan, CFO Leighton Consulting, Inc. 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5626 951/296-0530 951/296-0534 Fax Attn: Thomas C. Benson, President/CEO 2 PM Initials: Il Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 %i.niaa:-• qr.". r evemplifarg.„,,„16111, kz 41- ge?, 71 -fa Atefitag.:3180SIMIEStagiftkatitz't. CVZ,KiSitaavtiNtsSi‘,5V,SYli.;PAVSbiSlii..4;;IkteaAn et. acai: -.4„,*„„*Ikoz.trak.0.4:/aAiali:740,,,,Okikskyamd„24,4:0; „ .;•„ • C454 0 „:". „„••,„ Akan, ..>k .,ZMASSMS!..34„ 1,. r.,,-;,4aimmulirmm. rig ,A1A5gowtevitSirr t teM • , . • , et, 0 .,,.. Af3Ci. 4.i?Ve .fie,04- W, ,;: tagto (,, ,wo , 0 CITY OF TEMECULA 2011-2012 ANNUAL AGREEMENT FEE SCHEDULE * PROFESSIONAL. SERVICES Hourly Rate Special Inspection/Technician-Materials (Prevailing Wage)** $86 Laborer (Prevailing Wage) ** $86 Soil/Field Technician (Prevailing Wage) ** $86 Materials Inspection Manager $94 Staff Engineer/Geologist/Scientist/Field Supervisor $107 Senior Staff Engineer/Geologist/Scientist $119 Project Engineer/Geologist/Scientist/Operations Manager $136 Senior Project Engineer/Geologist/Scientist $153 Associate $170 Principal $183 Senior Principal $221 Hourly Rate Project Administrator /Word Processor 567 Information Specialist 90 CAD Operator 94 GIS Specialist 107 Miscellaneous Hourly Rate Vehicle usage $13 Effective through Fiscal year 2012, after which remaining work will be billed at then -current rates. " Prevailing wage rates presented in this fee schedule are representative of the July 1, 2011 increase. Prevailing wage time accrued will include portal to portal travel time. Subject to change based upon project advertised date and changes in California prevailing wage rates. a611-00'28j,oap Leighton Consulting iii PRICE City Of Temecula 2011-2012 Annual Agreement UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING Task Classification and Index Properties 8002 Moisture Content 8003 Moisture and Density (Ring Samples) 8004 Moisture Content & Density (Shelby tube or requires cutting) 8005 Atterberg Limits (3 points) 8006 Single Point / Non -plastic 8024 Atterberg Limits (Organic) 8007 Visual classification of point as non -plastic 8008 Particle Size: Sieve ONLY (1%. -inch to 4200) 8023 Large Sieve (6 -inch to 1(200) 8009 Hydrometer ONLY 8010 Sieve + Hydrometer (s3 -inch sieve) 8011 Dispersive Characteristics of Clay Soil (Double Hydrometer) 8012 Specific Gravity: Fine (passing 44) 8013 Coarse (retained on 1/4) 8014 Total Porosity — On Shelby tube sample 8015 Total Porosity — On other sample 8016 Photograph of sample 8017 Shrinkage Limits (Wax Method) 8018 Pinhole Dispersion 8020 Percent Passing 4200 Sieve wash ONLY 8021 As -Received Moisture and Density ("chunk" or carved samples) 8022 Sand Equivalent (SE) Soil Chemistry and Corrosivity 8050 pH 8051 Electrical Resistivity — single point — in-situ moisture 8052 Minimum Resistivity (>_3 moisture content points) 8053 pH + Minimum Resistivity 8054 Sulfate Content - Gravimetric 8055 Sulfate Screen 8056 Chloride Content 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravitnetrlc) 8058 Organic Matter Content Shear Strength 8070 Pocket Penetrometer 8072 Direct Shear (3 points) Consolidated Undrained -0.05 in./min. 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in./min. 8074 Residual Shear (price per each additional pass after shear) 8075 Remolding or Hand Trimming of specimens (3 points) 8076 Oriented or Block Hand Trimming (per hour) 8077 Daily equipment usage rate (after 2 days) 8079 Single Point Shear 8080 Torsional Shear calculated from Compaction and Pavement Subgrade Tests 8094 Standard Proctor Compaction (Maximum Density), 4 points 8092 4 inch diameter mold 8093 6 inch diameter mold Modified Proctor Compaction (Maximum Density), 4 points 8100 4 inch diameter mold 8101 6 inch diameter mold 8102 Check Point p 1866 -Leighton Fee Schedule page 2 1 8 Method ASTM D 2216 ASTM D 2937 ASTM 0 2937 ASTM D 4318 ASTM D 4318 ASTM D 2487/4318 ASTM D 2488 ASTM D 422 ASTM D 422/C136 ASTM D 422 ASTM D 422 ASTM D 4221 ASTM D 854 / CTM 207 ASTM C 127 / CTM 206 density & specific gravity ASTM D 4943 ASTM 0 4647 ASTM D 1140 ASTM D 2419 /CTM 217 Method CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 417 Part!! HACH kit CTM CA Test 422 CTM CA Test 532/643 ASTM 2974 Method ASTM 0 3080 mod. ASTM 0 3080 EM 1110-2-1906-IXA Method ASTM D 698 Methods A and 8 Method C ASTM D 1557-07 Methods A and B Method C per point Per Test 520 30 40 150 84 182 11 110 175 110 185 89 125 100 137 105 11 126 210 70 58 105 Per Test 842 42 89 131 68 32 68 245 63 Per Test S16 285 345 50 90 65/hour 35/day 105 820 Per Test 5182 215 220 245 65 Leighton City Of Temecula 12011-2012 Annual Agreement UNFIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued) Task Compaction and Pavement Subgrade Tests (Continued) 8000 Relative Compaction of Untreated & Treated Soils & Aggregates (Caltrans CTM 216: Caltrans wet density compaction curve) 8103 Relative Density (0.1 cubic foot mold) 8104 California Bearing Ratio (CBR) -- 3 point 8105. -1 point' Compaction (Maximum Density) should also be performed - not included in above prices 8090 R -Value - Untreated CTM 301 8091 R -Value - Lime or cement treated soils (c7% additive) CTM 301 Method Per Test CTM 216 8250 ASTM D 4253, D 4254 ASTM D 1883 Triaxial Tests 8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain plot) 8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USAGE Q test) (per confining stress) 8122 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (CU, USAGE R -bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) 8123 8124 8125 8117 8118 8119 8169 Consolidated Drained Triaxial Compression Test (CD, USAGE S test) with Volume Change Measurement (Price per soil type below) • Sand or silty sand soils (per confining stress) • Silt or clayey sand soils (per confining stress) • Clay soils (per confining stress) • Three -stage Triaxial Tests (sand or silty sand soils) • Three -stage Triaxial Tests (silt or clayey sand soils) • Three -stage Triaxial Tests (clay soils) Remolding of Test Specimens Consolidation and Expansion/Swell Tests 8140 Consolidation (11 loads up to 16 ksf & unload to 0.25 with strain vs. load curve and one time -rate -of -consolidation curve) 8141 Each additional Time Curve 8142 Each additional load/unload w/o Time Reading 8143 Expansion Index (EI) 8145 Swell/Collapse Test — Method A (Up to 10 load/unloads w/o tirne curves) 8146 Single Load Swell/Collapse Test - Method B (Seat load, and inundate only) 8148 Collapse Potential of Soils Hydraulic Tests 8162 Triaxial Permeability in Flexible -Wail Permeameter with Backpressure Saturation (at One Effective Stress) 8163 - Each Additional Effective Stress 8164 - Hand Trimming of Soil Samples for Horizontal K 8169 Remolding of Test Specimens 8174 Permeability of Granular Soils (Constant Head) Soil -Cement 8106 Moisture -Density Relations of Soil -Cement Mixtures 8107 Wet -Dry Durability of Soil -Cement Mixtures* 8130 Compressive Strength of Molded Soil -Cement Cylinders" (per cylinder) 8161 Soil -Cement Remolded Specimen' (for shear strength, consolidation, etc.) `Compaction (ASTM D 558 maximum density) should also he performed - not p 1866 -Leighton Fee Schedule page 3 8 a Method ASTM D 2166 ASTM D 2850 ASTM D 4767 EM 1110-2-1906(X) Method ASTM D 2435 ASTM D 4829-08 ASTM D 4546-A ASTM D 4546-B ASTM D 5333 236 500 184 310 338 Per Test $135 168 375 375 500 705 656 875 1,234 65 Per Test $195 45 42 131 289 105 220 Method Per Test EPA 9100/ASTM D 5084 $310 (Falling Head Method C) ASTM D 2434 Method ASTM D 558 ASTM D 559 ASTM D 1633 included in above price 121 58 65 5135 Per Test 5240 1,205 60 2.36 Leighton City Of Temecula 1 2011-2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Technician Services 6236 In-situ surface Wenner soil resistance test (including equipment) 6237 Pull-out Test on Embedded Bolts, Anchors and Dowels (including equipment) 6238 Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum) 6239 Earth Anchor Hold Down Test (Prelude / short term with full load) 6240 Coring concrete, masonry or asphalt in the field 6241 Sawing concrete, masonry or asphalt in the field 6242 Pick-up and Delivery — (weekdays, per trip, <50 mile radius from Leighton office) 6232 Coring and Sizing (in house, at Leighton laboratories) Task Concrete Strength Characteristics 7200 Concrete Cylinders (6 -inch by 12 -inch) - Compression 7201 Gunite 1Shotcrete Cores (laboratory coring and testing only) 7202 Lightweight Fill Concrete (3 -inch by 6 -inch) 7203 Compression, Concrete or Masonry Cores (testing only) 56 -inch diameter 7220 Trimming concrete cores (per core) 7204 Splitting Tensile — 6 -inch by 12 -inch cylinder 7205 Flexural Strength of Concrete (Simple Seam with 3rd pt. Loading) 7206 Mix Design, Determination of Proportions 7207 Mix Design, Review of Existing 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content 7209 6 -inch by 12 -inch Cylinder, Make and Test (lab trial batch) 7210 3 -inch by 6 -inch Grout Prisms, Make and Test (lab trial batch) 7211 6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch) 7213 Cylinder molds, 6 -inch by 12 -inch, 2 -inch by 4 -inch when not used with testing 7214 Unit Weight of Hardened Light weight Concrete 7215 Rapid Cure Concrete Cylinders (Soil Method) 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) 7217 Modulus of Elasticity/Poisson's Ratio 3 -inch by 6 -inch cores 7376 Flexural Strength of Concrete (simple beam w/ center point loading) t Task Aggregate Properties 7240 Sieve Analysis of Fine and Coarse Aggregate 7241 Sieve Analysis -Finer than #200 (Wash) 7242 LA Rattler -Smaller Coarse Aggregate < 7243 LA Rattler -Larger Coarse Aggregate > 7244 Soundness Magnesium 7249 Soundness Sodium 7245 Organic Impurities 7246 Clay Lumps, Friable Particles 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) >x 7373 Grading & Specific Gravity Calculation t 7247 Durability Index 7248 Cleanness Value of Coarse Aggregate 7250 Unit Weight of Aggregate p 866 -Leighton Fee Schedule page 4 !. 8 7 Prevailing Wage"" Non -Prevailing Quote upon request, site specific Quote upon request, site specific Quote upon request, site-specific Quote upon request, site-specific Quote upon request, site-specific Quote upon request, site-specific 80 80 Method ASTM C 39 ASTM C 42 ASTM C 495 ASTM C 42 ASTM C 496 ASTM C 78 ASTM C 192 ASTM C 192 ASTM C 192 ASTM C 192 ASTM C 567 ASTM C 684 ASTM C 157 ASTM C 469 CTM 523 Method ASTM C 136 ASTM C 117 ASTM C 131 ASTM C 535 ASTM C 88 ASTM C 40 ASTM C 142 CTM 201 & 202 CTM 105 CTM 229 CTM 227 CTM 212 (modified 5/10) Per Test 325 60 30 40 20 50 65 250 150 457 25 25 65 3 50 50 400 350 65 Per Test 5135 90 165 190 225 650 90 175 265 80 200 210 50 40 Leighton City Of Temecula 1 2011-2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF Task Masonry 7260 Mortar Cylinders (2 -inch by 4 -inch) 7261 Mortar Cubes (2 -inch by 2 -inch) 7262 Grout Prisms (3 -inch by 6 -inch) 7263 Concrete or Masonry Cores Compression, 56 -inch diameter (Testing (Doty) 7264 CMU Compression (3 required) to size 8 -inch by 8 -inch by 16 -inch 7265 CMU Compression (3 required) greater than 8 -inch by 8 -inch by 16 -inch 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) 7267 Masonry efflorescence (5 required) 7268 CMU Linear Drying Shrinkage 7269 CMU Grouted Prisms (compression test 5 8 inch by 8 -inch by 16 -inch) 7280 CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch) 7281 Masonry Core -Shear Title 24 (Test Only) 7283 Specimen Prep (Sample by others) 7284 CMU width, depth and face shell measurements Task Brick 7290 Compression (5 required) 7291 Modulus of Rupture (5 required) 7292 Absorption, Soak (5 required) 7293 Absorption, Boit (5 required) 7294 Absorption, Saturation Coefficient (5 required) 7295 Initial Rate of Absorption (5 required) 7296 Efflorescence (5 required) 7297 Efflorescence with Mortar (5 required) Task Steel Reinforcement 7300 Tensile Test, Up to No. 10 7301 Tensile Test, No. 11 and over 7302 Bend Test, Up to No. 11 Task Structural Steel 7310 Tensile Strength, 5100,000 pounds axial Toad 7311 Tensile Strength, 100,000 to 200,000 pounds axial load 7312 Bend Test 7313 Pipe Flattening Test 7314 Machining and Preparation of Samples 7315 Brinell & Rockwell Hardness Test 7316 Chemical Analysis, Carbon and Low Alloy Steel Task Pre -stressing 7320 Prestressing Wire, Tension (stress vs. strain plot) 7321 Sample Preparation (cutting) 7322 Prestressing cable, 7 wire (Breaking strength/Modulus of Elasticity) Task Weld Procedure and Welder Qualifications 7330 Weld Tensile Test 7331 Weld Bend Test 7332 Weld Macro -Etch 7333 Bolt Tensile Test 7334 Bolt, Nut or Washer Hardness Test 7335 Bold Elastic Proof Load Test Task Fireproofing 7340 Unit Weight (Density) p 866 -Leighton Fee Schedule page 5 i 8 T';k�um`,�51�z` i 5jr ; �i2'�b` st..>.<l SERVICES (Continued) Method ASTM C 780 ASTM C 109 ASTM C 1019 ASTM C 42 ASTM C 140 ASTM C 140 ASTM C 140 ASTM C 67 ASTM C 426 ASTM E 447 ASTM E 447 Method ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 Method ASTM A 370 ASTM A 370 ASTM A 370 Method ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 Method ASTM A 416 ASTM A 416 Method ASTM E 605-93 Per Test 825 25 25 40 45 50 40 40 175 180 250 70 50 40 Per Test $40 40 40 50 50 40 55 65 Per Test $45 100 45 Per Test $45 60 40 Quote Quote 55 Quote Per Test $150 50 190 Rate 50 each 40 each 60 each 50 each 50 each 50 each Per Test 860 Leighton City Of Temecula 12011.2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Asphalt Concrete, Specimen Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation, Centrifuge ASTM D 2172/C 136 $195 7351 Extraction & Percent Asphalt (only), Centrifuge ASTM 0 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/C 136 175 7358 Extraction by ignition oven, percent asphalt and gradation CTM 382/CTM 202 200 7352 Bulk Specific Gravity— Molded Specimen or Cores ASTM D 1188 55 7353 Maximum Density - Hveem CTM 308 125 7359 Theoretical Maximum Density and Specific Gravity of HMA ("Rice") CTM 309 (10/2010) 130 7354 Stabilometer Value CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content of Asphalt t CTM 370 60 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t CTM 12.5 Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 150 Rubberized Asphalt add 25% Task Mix Design/Control Method Per Test 7360 Mix Design — Hveem Including Aggregate Tests per Design ASTM D 1560/CTM 366 Quote 7361 Mix Design — Marshall Including Aggregate Tests per Design ASTM 0 1559 Quote 7362 Field Mix — Hveem Stability per point ASTM D 1560/CTM 366 $200 7363 Field Mix - Marshall Stability per point ASTM 0 1559 200 Task Moisture Vapor Emission Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E 1907 $60 Task Other Services Method Rate 6260 Non -Destructive Testing (NDT) ANSI $92 hour 6259 Radiographic Testing Quote 6270 Project Closeout 215/hour T soil .r material X< soil & materials p 866 -Leighton : i@s '¢a • v reare Fee Schedule page 6 18 tatata ISMS Leighton City Of Temecula 1 2011.2012 Annual Agreement FIELD EQUIPMENT LIST Task Equipment, Supplies and Materials 8200 Box of 10 soil drive -sample rings 9511 Mileage (current published IRS rate) 9512 Service Vehicle Usage 9516 Brass Sample Tubes 9594 Caution Tape (1000 -foot roll) 9575 Combination Lock or Padlock 9533 Consumables (gloves, rope, soap, tape, etc.) 9564 Core Sample Boxes 9565 Cutoff Saws, reciprocating, electric (Saws -All) 9566 D.C. Purging Pump, 3 gpm 9517 Disposable Bailers 9567 Dissolved Oxygen Meter 9555 DOT 55 -gallon Containment Drum with lid 9597 Double -Ring Infiltrometer (ASTM D 3385-09) equipment 9599 Electrical Resistivity Meter (Wenner array for in-situ measurements from the surface 9569 Four Gas Meter 9537 Generator, portable gasoline fueled, 3,500 watts 9590 GPS Trimble Unit 9531 Hand Auger 9540 High-resolution Global Positioning System (GPS) unit (Trimblel44) 9538 In -Situ Level Troll 500 (each) 9539 In -Situ Troll 9500 Low Flow Water Sampling Equipment 9543 Level B Protection (per person) 9544 Level C Protection (per person) 9574 Magnahelic Gauges, each 9547 Nitrile Gloves 9535 Nuclear Moisture and Density Gauge (licensed, calibrated, swipe tested) 9522 pH/Conductivity/Temperature Meter 9562 Photo -Ionization Detector (RID) 9557 Pump, Typhoon 2 or 4 Stage 9581 Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40 9593 Safety Fence (100 -foot roll) 9525 Stainless Steel Bailer 9526 Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller 9527 Submersible Sump/Transfer Pump, 10-25 gpm 9595 Survey/Fence Stakes 9585 Tedlar7 Bags 9586 Traffic Cones (525)/Barricades (single lane) 9556 Tubing, clear vinyl 318 -inch diameter 9528 Turbidity Meter 9548 Tyvek® Suit (each) 9529 Vapor Sampling Box 9588 Visqueen, 6 -mil, 20 feet x100 feet rot, 6 -mil 9536 Water Level Indicator (electronic well sounder) <300 feet deep well 9598 Water Level Indicator Dual Phase 9601 Manometer (floor level measuring device using contained water) 9602 Specialized Geotechnical Testing & Monitoring Equipment (site specific) 9600 SVE Thermal Oxidizer p 866 -Leighton Fee Schedule page 7 18 Unit Rate $25 perday IRS rate/mile 150 perday 10 each 20 each 11 each 35 per day 11 each 75 perday 30 perday 12 each 45 per day 65 each 350 per day 80 perday 110 perday 90 perday 75 per day 90 per day 80 perday 90 perday 150 per day 400 per day 200 per day 15 per day 20 per pair 88 perday 55 per day 110 perday 50 per day 15 each 50 perday 40 per day 160 per day 50 perday 5 each 18 each 50 per day .550 per foot 70 per day 18 each 45 per day 75 per roll 60 perday 80 perday 80 perday Quote Upon Request Quote Upon Request City Of Temecula 1 2011-2012 Annual Agreement TERMS AND CONDITIONS • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only): 1. Monday -Friday 2 hours 2. Saturday and Sunday 4 hours Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only): 1. Cancellation of inspections not canceled by 4:00 p.m. on preceding day* 2 hours 2. One-half working day or less except as No. 3 (below) applies 4 hours 3. Over one-half working day, or begins before noon and extends into afternoon 8 hours *No charge if cancellation is made before 4:00 p.m. of the preceding work day. Outside Direct Costs (ODCs): Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. Fees are subject to change on January 1s`, of every year. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical -laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. Construction Material Samples: After all designated 28 -day breaks for a given set meet specified compressive or other client -designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. p 1866 -Leighton Fee Schedule page 8 8 axtitn�a�,1 '' ','"�%'��L W.riaSs* 5 u'a.lt a': it Leighton 3 Cuaa+?h,,s•.M SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CHICAGO TITLE TITLE AND ESCROW SERVICES THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Chicago Title, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Title and Escrow Services", in the amount of $30,000. b. On July 1, 2011, the City and entered into the First Amendment to that certain Agreement entitled "Agreement for Title and Escrow Services," extend the term of the agreement to June 30, 2012, increase the payment in the amount of $30,000. c. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $40,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Forty Thousand Dollars and No Cents ($40,000) for additional Title and Escrow Services for a total Agreement amount of One Hundred Thousand Dollars and No Cents ($100,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CHICAGO TITLE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Linda Hearrell Vice President/County Manager ATTEST: By: By: Susan W. Jones, MMC, City Clerk Mark Nassraway Vice President/Sales Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chicago Title One Better World Circle Temecula, CA 92590 909/676-3695 951/587-3795 Fax Attn: Diane Bainbridge 2 PM Initials: Date: f/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 ATTACHMENT A Introductory Statement Chicago Title offers a broad range of services. Our clientele find it important to know in these times of infinite change that the strength of Chicago Title can be relied upon for larger, more complex projects. Along with long term established staff, Chicago Title can boast the oldest plants allowing us detailed history of all properties. Our objectives are to provide our clients with the best service in a cost effective manner. We firmly believe that the most important aspect of our business is to help our clients close their transactions quickly and efficiently. Chicago Title has therefore invested millions of dollars in automation to create the most advanced systems for title and escrow in our industry. These systems provide our personnel with instant access to recorded documents, preliminary reports, title policies, escrow instructions and accounting functions. This quickly accessible information enables our clients to take control of virtually any situation which may arise involving their transactions and enables them to meet their commitments and deadlines. Our systems help our clients exceed their goals and do it more expeditiously than ever before. Staffing and Resource Availability As the nation's leader in local, national, single and multi -site title services, we can handle any one of your transactions through a number of our offices, each fully staffed with title, escrow, underwriting, engineering and customer service. The attorneys in our commercial industrial operation have extensive underwriting experience at both the local and national level. Their decision-making authority extends throughout the Western Region and they are "hands-on" in coordinating underwriting issues creativelyand quickly. Through our Customer Service Department and computer data bank we can provide title and tax information, property profiles, comparables and copies of recorded documents quickly throughout Califomia. Our special services department offers farm packages which tabulate information on specific types of property within a designated area as wellas lot book guarantees, chains of title, recorded document and plant service guarantees. We also have access to similar information in many states throughout the country, and maintain a forms library for every state. Chicago Title maintains a complete foreclosure department. We offer coordination of Trustee's Sale Guarantees and Litigation Guarantees. We are pleased to provide special reports and pricing packages for "work-out" situations upon request. Our county operations have title engineers who have technical expertise to assist in final review of ALTA surveys, verification of legal descriptions, professionally plotted easements, and final review of subdivision maps to assist you and your engineering firm. Chicago Title is a valuable resource on industry -related issues, we provide informal lectures for attorney and non -attorney customer groups on title insurance, endorsements, creditor's rights, CLTA and ALTA policy forms, loss of priority situations and foreclosures. Personal Resume Diane Bainbridge - as your account representative t have 24 years of industry experience, including both title insurance and real estate. I understand all aspects of servicing complex transactions. My job is to assist the City of Temecula and its affiliates with all aspects of customer service, title and escrow coordination. Our title team includes Cathy Berryman, title operations manager, Jeff Duns, advisory title officer, Chris Ritter, title officer, and Marie Hessom, escrow officer. Our title and escrow departments are well staffed with knowledgeable, friendly and experienced personnel. We look forward to the opportunity of working with the staff at the City of Temecula. Billing Procedures Guarantees and reports carry no promise of insurance and are billed at the time of issuance and will be accompanied by an invoice. Invoices will be sent at the time of issuance of the report or guarantee or billed through escrow when a policy is to be issued. Scope of Services Preliminary Reports a) The face page of the report shall include name, address, telephone number of issuing office, name of title officer issuingreport, title order number, client reference, and date of report. b) ' The report shall identify and describe the real estate covered via a legal description. c) The real property interest shall be stated. d) The report shall include all matters of record affecting real estate covered, including any matters the title firm may question. Clearly stated requirements for removal of said matters are addressed on commitments and can be provided upon your request. e) An assessor's map identifying the subject property will be attached to each report. f) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report via e-mail when requested and one set of schedule B documents upon request. Estimated delivery time for reports is 5 days. We will expedite the processing of any report upon client's request. If the project is extremely complex and requires additional time to complete the client will be notified and provided an estimated time of arrival. g) h) The preliminary report fee is $500. This fee will be credited to the cost of the policy of title insurance if it is issued within 12 months of the report. Additional parcels will be searched at a fee of $100 each. Litigation Guarantees a) Guarantee will include name, address, telephone number of using office, name of title officer issuing report, report order number, client reference, and date of report. b) The report shall identify and describe the real estate covered. c) The value of the report shall be stated. d) The purpose and intended action shall be stated. e) Report shall include all matters of record affecting real estate covered, including any matters the title firm may question with clearly stated requirements for removal of said matters. f) An assessor's parcel or tract map identifying the subject property will be attached to each report. 9) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report viae -mail if requested. h.) Report shall be provided to client within the specified time frame and based upon reasonable deviations due to scope and complexity. i) Litigation guarantees are priced at basic rate. Please see the attached schedule of fees. j) Once the guarantee is issued any subsequent issuance is done by a continuation guarantee to cover the filing of the Lis Pendens. A continuation guarantee will cost $100 if requested within 24 months of the initial issuance. Mapping and Engineering Services Plotted easements and engineering services are billed at $50 per hour. a) Our mapping and engineering departments are available for plotting of easements and review of legal descriptions. b) Client can be provided with color coded copies of plotted easements upon request. Parcel Maps We have the ability to provide client with personnel experienced in the process required for the recordation of parcel maps. Parcel Map Guarantees are billed at $750 each. Customer Service Department Reasonable customer service is provided at no charge. Excessive and/or complicated requests are billed at approximately $30 per hour. a) Our customer service personnel is experienced in all aspects of searching and obtaining copies of recorded documents, including those pertaining to municipal or government owned properties. b) Customer Service requests shalt be processed and copies faxed and/or e- mailed to client on the same day the request. is received or deemed reasonable based on the scope and complexity of theresearch. c) Radius' are provided at nocharge when there is a pending transaction. If there is no pending transaction the minimum fee for a radius is $300. Radius' may take up to a week due to complexity. Chain of. Title Guarantees Chain of Title Guarantees are issued at a cost of $350 plus $10 for each document in the chain. Non -guaranteed chains are billed at $30 per hour plus $10 for each document. Recordation Fees Recording fees are established by the County of Riverside. Currently those fees are: $15 for the first page of deeds $3 for each additional page $9 for most other documents $ 6 for the first page of maps $2 for each additional page These fees are passed through as charged. We do not add additional charges. Escrow Services Our escrow department is located in Temecula for your convenience. Marie Hessom has over 20 years of escrow experience and can handle in all types of transactions. She has 8 years of experience in the Temecula Valley. Our sale escrow fees per side are $200 base plus $2 per $1,000 of the sales price up to $1,000,000. All transactions over $1,000,000 are quoted in advance and agreed upon in written escrow instructions. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RBF CONSULTING, INC. ENGINEERING AND SURVEY SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering and Survey Services", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Engineering and Survey Services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ernest Wade, Vice President Michael Tylman, Sr. Vice President RBF Consulting, Inc. 40810 County Center Drive, Suite 100 Temecula, CA 92591 951/506-3525 951/676-7240 Fax Attn: Ernest Wade, Vice President 2 PM Initials: Date: f/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. . . . CONSULTING A Company HOURLY RATE SCHEDULE Effective January 2012 through December 2012 OFFICE PERSONNEL $/ Hr. Senior Pnncipal $245.00 Principal 225.00 Project Director 220.00 Program Manager 215.00 Senior Project Manager 200.00 Project Manager ..195.00 Structural Engineer 195.00 Technical Manager 180.00 Senior Engineer 163.00 Senior Planner 163.00 Electrical Engineer 156.00 Landscape Architect 150.00 Senior GIS Analyst 150.00 Project Engineer 148.00 Project Planner 148.00 Environmental Specialist 138.00 Design Engineer/Senior Designer/Mapper 135.00 GIS Analyst 122.00 Designer/Planner 118.00 Project Coordinator 110.00 Graphic Artist 97.00 Environmental AnalystStaff Planner 97.00 Design Technician 97.00 Assistant Engineer/Planner 93.00 Permit Processor 83.00 Engineering Aide/Planning Aide T5_00 Office Support/ Clerical 63.00 FIELD PERSONNEL 2 -Person Survey Crew $245.00 1 -Person Survey Crew 165.00 Licensed Surveyor 175.00 Field Supervisor 172.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $185.00 Resident Engineer/Project Manager.. 154.00 Senior Construction Inspector 123.00 Construction Inspector 118.00 Field Office Engineer .. 110.00 Construction Technician 95.00 Note: Blueprinting, reproduction, messenger service and otter bred expenses will be charged as an additional cost pus 1 S%. A Sub -consultant Management Fee or riheen-percent (15%) aril be added to the died cost of all sub -consultant services to provide for the cost of administration, sub - consultant consultation and insurance. vehicle mileage will be charged as an additional coat at 50.51 per mile. 3 ■ ■ • CONSULTING A=IW Company HOURLY RATE SCHEDULE Effective January 2012 through December 2012 OFFICE PERSONNEL $l Hr. Senior Principal $245.00 Principal 225.00 Project Director 220.00 Program Manager 215.00 Senior Project Manager 200.00 Project Manager 195.00 Structural Engineer 195.00 Technical Manager 180.00 Senior Engineer 163.00 Senior Planner 163.00 Electrical Engineer 156.00 Landscape Architect 150.00 Senior GIS Analyst 150.00 Project Engineer 148.00 Project Planner 148.00 Environmental Specialist 138.00 Design Engineer/Senior Designer/Mapper 135.00 GIS Analyst 122.00 Designer/Planner 118.00 Project Coordinator 110.00 Graphic Artist 97.00 Environmental Analyst/Staff Planner 97.00 Design Technician 97.00 Assistant Engineer/Planner 93.00 Permit Processor 83.00 Engineering Aide/Planning Aide 75.00 Office Support/ Clerical 63.00 FIELD PERSONNEL 2 -Person Survey Crew $245.00 1 -Person Survey Crew 165.00 Licensed Surveyor 175.00 Field Supervisor 172.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $185.00 Resident Engineer/Project Manager 154.00 Senior Construction Inspector 123.00 Construction Inspector 118.00 Field Office Engineer 110.00 Construction Technician 95.00 Note: Blueprinting. reproduction. messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub -consultant Management Fee of fifteen -percent (15%) will be added to the direct cost of all sub -consultant services to provide for the cost of administration. sub - consultant consultation and insurance. vehicle mileage WI! be charged as an additional cost at $0.51 per mile. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARRIS & ASSOCIATES, INC. ENGINEERING AND SURVEY SERVICES THIS FIRST AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Harris & Associates, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering and Survey Services", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Engineering and Survey Services for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HARRIS & ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporaf/on.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ehab Gerges, Vice President Javier Saunders, Vice President Harris & Associates, Inc. 750 B Street, Suite 1800 San Diego, CA 92101 619/236-1778 619/236-1179 Fax Attn: Ehab Gerges, Vice President 2 PM Initials: D I/ Q Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Price Harris & Associates L•Jlcetive January 1, 2011 - December 31, 2011 Position Hourly Rate Project Director $195 Project Manager $185 Project Engineer $160 Project Designer $115 Mapping/Surveying Engineer $120 Technician $85 Right -of -Way Engineering Services Position Hourly Rate 2 Person Field Survey Crew $ 180 Construction Staking Topographic Surveys Boundary Surveys Field Surveys 3 Person Field Survey Crew w/GPS Equipment, 3 Vehides and Radios $310 Survey Office Technician $90 Exhibits Legal Description CAD Technician $90 Survey Supervisor $100 Licensed Land Surveyor $120 Document Review Map Checking Clerical $55 3 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID NEAULT ASSOCIATES, INC. LANDSCAPE PLAN CHECK & INSPECTION SERVICES VARIOUS DEPARTMENT OF PUBLIC WORKS PROJECTS APPROVED FOR FISCAL YEAR 2012-13 THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Neault Associates, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. 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 Landscape Plan Check & Inspection Services", in the amount of $100,000. b. On June 8, 2010, the City and entered into the First Amendment to that certain Agreement entitled "Agreement for Landscape Plan Check & Inspection Services," extend the term of the agreement to June 30, 2011, increase the payment in the amount of $100,000. c. On July 1, 2011, the City and entered into the Second Amendment to that certain Agreement entitled "Agreement for Landscape Plan Check & Inspection Services," extend the term of the agreement to June 30, 2012, increase the payment in the amount of $100,000. d. The parties now desire to extend the term of the agreement to June 30, 2013 and increase the payment in the amount of $100,000, 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 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, 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 A, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not exceed One Hundred Thousand Dollars and No 1 Cents ($100,000) for additional Landscape Plan Check & Inspection Services for a total Agreement amount of Four Hundred Thousand Dollars and No Cents ($400,000). 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 DAVID NEAULT ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT David S. Neault, President Peggy Newman, Office Manager David Neault Associates, Inc. 41877 Enterprise Circle North,Suite 140 Temecula, CA 92590 951/296-3430 951/296-3431 Fax Attn: David S. Neault, President 3 PM Initials: D Date: Il ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. David Neault Associates, Inc. Hourly rate schedule As of 03/03/2011 David Neault Principal Associate/Project Manager Draftsman Administrative Assistant 4 $145.00 per hour $120.00 per hour $95.00 per hour $70.00 per hour $55.00 per hour Item No. 11 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: May 22, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar Associate Engineer RECOMMENDATION: 1. Accept the construction of the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On September 13, 2011, the City Council awarded a construction contract to Bowcon Company in the amount of $601,768.12 to complete the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11. The work for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System consisted of the construction of a prefabricated, single -span steel truss bridge spanning approximately150' over Santa Gertrudis Creek, induding reinforced concrete bridgeabutments, concrete access paths and ramps, welded steel hand railings, chain link fencing and gates, masonry block retaining walls, and drainage facilities. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted fora period of one year from April 10, 2012; the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, PW05-11 is identified in the City's Capital Improvement Program, Fiscal Years 2012-2016 and is funded by AB 2766, DIF (Open Space/Trails), Reimbursement/Other (Harveston Contribution), Safe Routes to School (SRTS), and SB 821funds. The base amount of the construction contract was $601,768.12, contract change orders totaled $32,923.47, which results in a total cost of $634,691.59 for the project. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Bowcon Company, 1348 La Mirada Dr., Suite A, San Marcos, CA 92078 to perform the following work of improvement: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Project No. PW05-11 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on Mav 22, 2012. That upon said contract the International Fidelity Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Project No. PW05-11 6. The location of said property is: Pedestrian bridge crossing Santa Gertrudis Creek, approximately 800' upstream of the Margarita Road bridge. Temecula. California. Dated at Temecula, California, this 22nd day of May. 2012. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss City of Temecula Susan W. Jones MMC, City Clerk G\Program Files (x86)\Neevia.Com\Document Converter\tempp080.dao; CITY OF TEMECULA I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of May, 2012. City of Temecula Susan W. Jones MMC, City Clerk G\Program Files (x86)\Neevia.Com\Document Converter\tempp080.dao; Bond Number: 0495873 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM PROJECT NO. PW05-11 KNOW ALL PERSONS BY THESE PRESENTS THAT: Bowcon Company, Inc.; 1348 La Mirada Dr., Suite A, San Marcos, CA 92078 NAME AND ADDRESS CONTRACTOR'S a Corporation (Fill in whether a Corporation, Partnership or individual) , hereinafter called Principal, and International Fidelity Insurance Company; 233 Wilshire Blvd., Suite 620, Santa Monica, CA 90401 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Sixty -Three Thousand Two Hundred Thirty -Seven DOLLARS and Ninety CENTS ($ 63,237.90 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 13th day of September , 2011, a copy of which is hereto attached and made a part hereof for the construction of PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO.PW05-11. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on May 22, 2012. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by MAINTENANCE BOND MS- I ►tan►MacrsVTtiVThu %Gook Pod wie,,twou‘ai1 sok the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this day of ,: (Seal) SURETY International Fidelity Insuran Company Bowcon By: .1 Adriana Val enzuelan" (Name) . Attorney- in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney tNV Ge- 1 CS ,c ert Mtle By: 1701,tifinat ,e It r Du3t Th -- (Name) - •P.p _J i rL (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND ME3-2 tkar,PIOJLCISVVOSIMM."rll56Creek Pei AiigeiSyeo,PYd".I1 sgm(} d State of California County of Orange On May 2, 2012 ACKNOWLEDGMENT before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person(s)) whose name(s)1s/ace subscribed to the within instrument and acknowledged to me that.he/she/tlbey executed the same in 1i4s/her/their authorized capacity(i.es), and that by.his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A A A A A A A I' A A A A A A A A A A WITNESS my hand and official seal. �, SUSAN PONSELL COMM. # 1927089 r+% 21�►;� NOTARY PUBLIC - CALIFORNIA 1 ORANGE COUNTY My Commission Expires Macon 27, 2015 Signature (Seal) Tel t973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20T11 FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JAIME L. GEORGE, MARK ROSSKOPF, LOURDES LANDA, ADRIANA VALENZUELA, ROGER ALLAN WILBER Fullerton, CA. .............. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and maybe revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April. 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY My Commission Expires March. 27, 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of HAT 0 21012 Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On 7 , 2012 before me, \Iaria L. Olson, Notary Public (Here insert name and title of the officer) personally appeared 9 t*'-. 01t.4 �(t t&. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that 11641e/they executed the same in h4s'her/their authorized capacity(ies), and that by hisIher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public r MARIA L. OLSON rbs, COMM. #1825534 •.1�it NOTARY PUBLIC • CALIFORNIA n C4 �. 1,1.10.1.0_0, ,RIVERSIDE COUNTY � COMM. EXPIRES DEC. 4 2012 2 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages 5— Document Date ,S/d/2 0/' (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Atto -in-Fact ❑ stee(s) Other Apr. 30. 2612 10:40AM BOWCON COMPANY INC 7603175986 No. 9872 P. 1/1 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM � PROJECT NO. PW05-11 y This is to certify that t'hu5renGyaspa.y� .1.w{hereinafter the "CONTRACTOR') declares to the City of Temecula, under oath, that hd/sfMit has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM, PROJECT NO. PW05-11, situated in the City of Temecula, State of California, more particularly described as follows: SPANNING SANTA GERTRUDIS CREEK, APPROXIMATELY 800' UPSTREAM OF THE MARGARITA ROAD BRIDGE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute 0 - .® 0 Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 1 6 RELEASE 201 Z -- R-1 gna re Dennis 801.4•na�. Print Name and Title *117n11010171+1116J11 NOM Mltid%tya1f 1I*St Item No. 12 Approvals City Attorney Director of Finance City Manager Ait CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Agreement with Bonterra Consulting for environmental mitigation services for the French Valley Parkway/Interstate 15 Interchange Project, PW07-04 and PW02-11 PREPARED BY: Avlin Odviar, Senior Engineer—CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: 1. Approve the Agreement for Consultant Services with Bonterra Consulting in an amount not to exceed $165,060 to provide biological & annual monitoring and reporting services for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $16,506, which is 10% of the agreement amount. BACKGROUND: As part of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project, an environmental mitigation site must be created to offset temporary and permanent impacts to the riparian and wetland habitats contained within the Santa Gertrudis and Warm Springs Creeks. Construction plans and specifications are being prepared to develop 2.73 acres of a City -owned parcel into a satisfactory mitigation site. In accordance with the approved Habitat Mitigation and Monitoring Plan (HMMP), the site must be maintained and monitored for biological growth, development, and sustainability for the period of five years following construction. This five-year agreement will provide the necessary environmental mitigation monitoring required by the environmental agencies. The scope of work includes preconstruction surveys, biological monitoring and annual reporting during the construction and establishment of the mitigation site. Bonterra Consulting was selected to perform this work because of their extensive experience on the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. They prepared the previously approved environmental document, including all required studies, and obtained all necessary permits, certifications and clearances from the various environmental and government agencies. In addition, Bonterra Consulting has intimate knowledge of the environmental mitigation site and they have provided this type of service for other agencies. Staff has negotiated an equitable scope of work and fee for this added work. Bonterra Consulting has agreed to provide these services for the sum of $165,060. FISCAL IMPACT: The French Valley Parkway Interchange Environmental Mitigation Project is budgeted within the City's Capital Improvement Program Fiscal Years 2012-16 and is funded with several sources including Capital Project Reserves, DIF — Streets, Measure A, and TUMF. There are sufficient funds in the project account 210.165.719 to cover the cost of the agreement, $165,060, plus the contingency amount of $16,506 for a total amount of $181,566. ATTACHMENTS: 1. Agreement for Consultant Services with Bonterra 2. Mitigation Site 3. Project Location 4. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BONTERRA CONSULTING FRENCH VALLEY PARKWAY INTERCHANGE ENVIRONMENTAL MITIGATION PROJECT THIS AGREEMENT is made and effective as of May 22, 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 May 22, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2017, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one additional one-year term. In no event shall the contract be extended beyond December 31, 2018. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 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. 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 riot exceed One Hundred Sixty Five Thousand Sixty Dollars and No Cents ($165,060.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the 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 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 mariner 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 mariner. 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 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: 15. ASSIGNMENT Bonterra Consulting Attn: Gary Medieros 2 Executive Circle, Suite 175 Irvine, 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 Agreement. 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 OFTEMECULA BONTERRA CONSULTING By: By: Chuck Washington, Mayor Joan Patronite Kelly, AICP, Principal ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ann Johnston, Principal Bonterra Consulting Gary Medieros 2 Executive Circle, Suite 175 Irvine, CA 92614 (714) 444-9199 GMedeiros@bonterraconsulting.com PM Initials: p Q Date: (/ v EXHIBIT A FRENCH VALLEY PARKWAY INTERCHANGE ENVIRONMENTAL MITIGATION PROJECT The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule FRENCH VALLEY PARKWAY INTERCHANGE ENVIRONMENTAL MITIGATION PROJECT French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services ATTACHMENT A SCOPE OF WORK FRENCH VALLEY PARKWAY INTERCHANGE PROJECT 2.73 -ACRE MITIGATION SITE BIOLOGICAL MONITORING AND REPORTING SERVICES March 12, 2012 PROJECT UNDERSTANDING The City of Temecula received regulatory authorization to construction the French Valley Parkway Interchange Project (project) from the following agencies: • The U.S. Army Corps of Engineers (USACE), pursuant to Section 404 of the Clean Water Act (CWA) under Nationwide Permit No. 14 (Linear Transportation Projects) Permit No. SPL-2010-00362-SJH issued on March 31, 2010; • The California Regional Water Quality Control Board, San Diego Region (RWQCB) pursuant to CWA Section 401 under Water Quality Certification No. 2003-017-DWQ (751071: cloflen) on May 27, 2011; and • The California Department of Fish and Game (CDFG), pursuant to Section 1602 of the California Fish and Game Code under Streambed Alteration Agreement No. 1600-2010- 0063-R6 (Revision 1) on July 21, 2010. These regulatory permit authorizations require both on and off-site mitigation to satisfy impacts to "Waters of the U.S." and "Waters of the State", including a 2.73 -acre mitigation site located east of the intersection of Temecula Parkway and Pechanga Parkway north of the active portion of Temecula Creek. In addition, the project and its environmental effects are covered under the Initial Study/Mitigated Negative Declaration/Environmental Assessment (IS/EA) (State Clearinghouse No. 2009041108 and EA 08-432700) for the French Valley Parkway Interchange Project. The regulatory permit authorizations and the IS/EA also contain pre -construction, construction, and post -construction measures that apply to the construction and long-term maintenance of the 2.73 -acre mitigation site. Non-native vegetation has been treated with herbicide and removed from the site. Additional herbicide treatments for non-native regrowth may be necessary to prepare the site for riparian restoration planting and establishment. This Scope of Work is intended to provide biological monitoring services for environmental and regulatory permitting compliance during the mitigation site construction and Tong -term maintenance. TASK 1 NESTING BIRD SURVEYS A BonTerra Consulting Monitoring Biologist will perform a pre -construction nesting bird survey each year prior to the initiation of construction or maintenance activities if construction and/or maintenance activities cannot be avoided during the breeding and nesting season (March 15 to September 15) of each year. The mitigation site is located near Temecula Creek. The areas upstream of the mitigation site are known for least Bell's vireo breeding and nesting activity. The Monitoring Biologist will perform eight surveys at the appropriate time of day during the breeding R rProjects`, Ternecul\J009`2 73 -Acre Mit Site and 5 -Yr Mon -031212 doc A-1 Attachment A — Scope of Work French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services season, with at least ten days between survey events, and surveys must end no more than three days prior to vegetation removal and/or disturbance. All potential nesting vegetation within the mitigation site will be surveyed for nesting birds prior to commencing project activities. The BonTerra Consulting Monitoring Biologist(s) will prepare survey documentation and findings and submit them to the CDFG for review and concurrence prior to the initiation of mitigation site restoration activities. CDFG concurrence is required prior to the initiation of mitigation site restoration activities. If nesting birds are observed, the biological monitor will identify a minimum 200 -foot buffer (for nesting birds) and/or 500 -foot buffer (for nesting least Bell's vireo (LBV), southwestern willow flycatcher (SWF), and/or raptors) in all directions which cannot be disturbed until September 15th or until the nest becomes inactive. If Threatened or Endangered species are observed, no work shall occur during the breeding season (March 15 through September 15). TASK 2 BURROWING OWL SURVEYS The BonTerra Consulting Monitoring Biologist(s) will perform a burrowing owl habitat assessment/survey prior to project activities within jurisdictional areas once a year over a five-year period between March 1 and August 31. The survey will be completed in accordance with the CDFG Burrowing Owl Survey instructions and will include the identification of burrowing owl habitat, species, and sign. A report summarizing the results of the habitat assessment will be submitted to CDFG within 30 days following the completion of the assessment and review by the City. TASK 3 MONITOR INITIAL MITIGATION INSTALLATION ACTIVITIES BonTerra Consulting will monitor: (1) the implementation of the offsite mitigation program (2.73 -acre creation area in Temecula Creek parcel) (offsite mitigation). Monitoring will be performed in conformance with project permits and the Habitat Mitigation and Monitoring Program for French Valley Parkway Interchange Project (BonTerra Consulting, July 2011) (HMMP). Tasks addressed in this Scope of Work will include the monitoring of initial mitigation installation activities and monitoring during the five-year site establishment program at the 2.73 -acre offsite mitigation area. This task description includes the following assumptions: • A qualified landscape contractor will be retained to perform site preparation/installation. A qualified landscape contractor is a firm with experience in habitat restoration and creation, who can demonstrate successful past implementation of comparable large- scale riparian mitigation/restoration programs; • All mitigation planting areas will be installed within a single planting season (approximately October to March). The quantities of onsite inspections, meetings, site evaluation, and technical hours are specified herein and in Attachment B. Due to the unpredictable nature of native plant species establishment (e.g., extended installation schedules, plant materials unavailability, unforeseen site issues, extensive remedial measure development and implementation, contractor or vendor/supplier inexperience, contractor or vendor/supplier error, etc.); it is possible that the specified hours, meetings, and inspections will be exceeded. BonTerra Consulting will review the status of each task and associated budget, as well as the status of installation and five-year establishment activities, on an ongoing basis to ensure that the tasks proposed in this Scope of Work do not exceed the budget identified for each task in Attachment B. In the event that an out -of -scope work effort is identified, BonTerra Consulting will request a contract augment (and receive authorization to proceed from the City of Temecula) prior to completing any out -of -scope work efforts. R \Protects\Temecul\J00912 73 -Acre Mit Site and 5 -Yr Mon -031212 doc A-2 Attachment A — Scope of Work French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services Task 3a Coordination of Plant Materials Procurement BonTerra Consulting will coordinate with the City of Temecula, the Landscape Contractor, and native plant species suppliers regarding the procurement of locally sourced container and seed mix species specified in the final HMMP. Locally sourced plant materials will consist of (1) container species propagated from plant sources located in the vicinity of the project site and (2) seed materials collected from natural habitat areas in the vicinity of the project site. BonTerra Consulting will inspect all container plant materials at the nursery prior to delivery (one site visit) and upon delivery at the mitigation site (one site visit). Not -to -exceed fees for completing this task, as well as time and materials, are identified in Attachment B. A total of 28 hours of technical and administrative support staff time has been identified for the completion of the tasks described for Task 3a. Of these 28 hours, a total of 9 hours has been identified for project management and coordination tasks (email and telephone communication with all project team members and project organization). This task does not include monitoring of seed or plant propagule collection activities. If required, this task would be provide under a separate contract. Task 3b Monitor Initial Installation BonTerra Consulting will monitor mitigation installation activities at the off-site 2.73 -acre creation area at Temecula Creek. Monitoring of restoration activities wilt include the following tasks: (1) monitoring installation of the temporary irrigation system; (2) performance of weed abatement (if required) and other site preparation tasks; (3) creation of sample field layouts using pin flags or other markers to be used for reference by the Landscape Contractor; (4) container plant installation; and (5) seed mix application. BonTerra Consulting will perform project management and coordination during installation activities. This will include coordination and meeting attendance with the City of Temecula, the Landscape Contractor, and other entities regarding the progress of installation during regularly scheduled site visits. BonTerra Consulting will provide written (via email) and verbal (via telephone) progress reports of installation activities. BonTerra Consulting will provide one brief Letter Report that summarizes final, as -built conditions at the completion of installation activities. The as -built Letter Report will include a site location map, two photo -documentation exhibits, and one site plan exhibit (a copy of Exhibit 3 from the final HMMP). This Scope of Work does not include the development of as -built drawings of final site conditions and assumes that revisions to the as -built Letter Report will consist of minor text revisions and clarifications, correction of erroneous information, and minor updates to exhibits. Not -to -exceed fees for completing this task, as well as time and materials, are identified in Attachment B. A total of 134 hours of technical and administrative support staff time has been identified for the completion of the tasks described for Task 3b. Of these 134 hours, a total of 38 hours has been identified for project management and coordination tasks (email and telephone communication with all project team members, project organization, and attendance at meetings. R Projects \Temecul\Joo9\2 73 -Acre Mit Site and 5 -Yr Mon -031212 doc A-3 Attachment A — Scope of Work French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services TASK 4 MONITOR FIVE-YEAR SITE ESTABLISHMENT BonTerra Consulting will perform monitoring visits to the 2.73 -acre off-site mitigation site on a monthly basis during the first year following initial installation (a total of 12 visits), and on a quarterly basis during the second to fifth year following initial installation (a total of 16 visits) to review site conditions and maintenance activities. Note that the 12th monthly visit during the first year and the fourth quarterly visit during each of the second through fifth years will consist of the annual quantitative survey described below. Brief progress reports will be provided to the project team following each monitoring visit, with the exception of the annual quantitative surveys described below (a total of 23 progress reports). BonTerra Consulting will meet with the Landscape Contractor, as necessary, during regularly scheduled site visits to discuss site conditions and to recommended maintenance measures. Necessary remedial maintenance measures such as reseeding, replanting, irrigation schedule adjustments, irrigation system repairs, weed species control, and trash and debris removal will be recommended, as appropriate. BonTerra Consulting will perform one annual survey during the 12th monthly visit during the first year, and the fourth quarterly visit during each of the second through fifth years following installation completion in accordance with the project's regulatory permit and HMMP (five annual surveys total). The annual quantitative survey will consist of quantitatively and qualitatively evaluating site conditions to determine compliance with the performance standards listed in the final HMMP and permits/authorizations. Annual quantitative surveys will include transect surveys and the California Rapid Assessment Method (CRAM) method of evaluation. Transect surveys will consist of using a total of eight 25 -meter -long, randomly located point - intercept transects to measure the overall cover of native and non-native species and species diversity. CRAM will be used to evaluate four habitat attributes within the site to determine compliance with target CRAM scores set forth in the final HMMP. These four attributes will consist of (1) buffer and landscape context; (2) hydrology: (3) physical structure; and (4) biotic structure. CRAM evaluation methods will consist of visual estimates of site conditions for each of the four habitat attributes. Annual surveys will also include an estimate of tree and shrub heights. BonTerra Consulting will develop a brief Annual Monitoring Report to summarize the results of each annual survey and to document compliance with permits/authorizations (a total of five reports). The annual report format will follow the format/content guidelines set forth in the USACE Regulatory Guidance Letter No. 08-03. The annual report will summarize (1) CRAM scores, measured percent coverage of plant species, and estimated tree and shrub heights; (2) compliance/non-compliance with performance standards; (3) native species health and overall vigor; (4) establishment of volunteer native species; (5) the presence/absence of invasive weed species; and (6) significant issues of plant stress. Fixed photo -documentation stations will visually document site progress on an annual basis. In the event of substantial non-compliance with the required performance standards, the report will also include a discussion of recommended remedial measures to bring the site into compliance with HMMP requirements. The Annual Report will include a location map; a site map that shows the locations of photo -documentation stations and transects; and photo -documentation exhibits. This Scope of Work includes one round of minor revisions to each Annual Report based on comments received from the City of Temecula. This Scope of Work assumes that revisions will consist of minor text revisions and clarifications; correction of erroneous information; and minor updates to exhibits. It does not include document re -organization. The revised annual reports will be submitted to the City of Temecula in .pdf format for distribution to the resource agencies. R \Projects\Temecul\J009\2.73-Acre Mit Site and 5 -Yr Mon -031212 doc A-4 Attachment A — Scope of Work French Valley Parkway interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services This Scope of Work does not include the identification or assessment of a reference site; the performance of additional transect surveys or other quantitative surveys beyond the types and quantities described herein; or other tasks not specifically mentioned above that may be required by the resource agencies during the five-year monitoring program. This Scope of Work does not include the performance of protocol bird surveys. Not -to -exceed fees for completing this task, as well as time and materials, are identified in Attachment B. A total of 909 hours of technical and administrative support staff time has been identified for the completion of the tasks described for Task 4. Of these 909 hours, a total of 130 hours has been identified for project management and coordination tasks (email and telephone communication with all project team members, project organization, and attendance at meetings. R\Projects\Temecul\J009\2. 73 -Acre Mit Site and 5 -Yr Mon -031212. doc A-5 Attachment A — Scope of Work French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services ATTACHMENT B FEE ESTIMATE FRENCH VALLEY PARKWAY INTERCHANGE PROJECT 2.73 -ACRE MITIGATION SITE BIOLOGICAL MONITORING SERVICES March 12, 2012 NAME TITLE RATE HOURS TOTAL TASK 1 NESTING BIRD SURVEYS Ann Johnston Principal 200.00 1.0 $200.00 Amber Oneal Senior Biologist 130.00 117.0 $15,210.00 Jonathan Aguayo Biologist 95.00 117.0 $11,115.00 Johnnie Garcia GIS 95.00 4.0 $380.00 Julia Black Editor 80.00 2.0 $160.00 Sheryl Kristal WP 70.00 2.0 $140.00 Angie Hernandez Admin 75.00 4.0 $300.00 Subtotal Task 1 $27,505.00 TASK 2 BURROWING OWL SURVEYS Amber Oneal Senior Biologist 130.00 5.0 $650.00 Allison Rudalevige Biologist 95.00 59.0 $5,605.00 Jonathan Aguayo Biologist 95.00 59.0 $5,605.00 Johnnie Garcia GIS 95.00 5.0 $475.00 Sheryl Kristal WP 70.00 5.0 $350.00 Julia Black Editor 85.00 5.0 $425.00 Angie Hernandez Admin 75.00 5.0 $375.00 Subtotal Task 2 $13,485.00 TASK 3 MONITOR INITIAL MITIGATION INSTALLATION ACTIVITIES Task 3a Coordination of Plant Materials Procurement Melissa Howe Associate Principal 185.00 1.0 $185.00 Richard Lewis, Project Coordination Sr. Rest. Ecol. 130.00 8.0 $1,040.00 Richard Lewis, Site Visits Sr. Rest. Ecol. 130.00 14.0 $1,820.00 Sheryl Kristal WP 70.00 5.0 $350.00 Subtotal Task 3a $3,395.00 Task 3b Monitor Initial Installation Melissa Howe Associate Principal 185.00 8.0 $1,480.00 Richard Lewis, Project Coordination Sr. Rest. Ecol. 130.00 30.0 $3,900.00 Richard Lewis, Site Visits Sr. Rest. Ecol. 130.00 40.0 $5,250.00 Staff Ecologist 100.00 45.0 $4,500.00 Chris Starbird GIS Specialist 100.00 1.0 $100.00 Sheryl Kristal WP 70.00 10.0 $700.00 Subtotal Task 3b $15, 930.00 Subtotal Task 3 $19,325.00 R \Projects \Temecul\J009\273-Acre Mit Site and 5 -Yr Mon-031212-doc B-1 Attachment B - Fee Estimate French Valley Parkway Interchange Project 2.73 -Acre Mitigation Site Biological Monitoring and Reporting Services ATTACHMENT B FEE ESTIMATE FRENCH VALLEY PARKWAY INTERCHANGE PROJECT 2.73 -ACRE MITIGATION SITE BIOLOGICAL MONITORING SERVICES (Continued) NAME TITLE RATE HOURS TOTAL TASK 4 MONITOR FIVE-YEAR PLANT ESTABLISHMENT Melissa Howe Associate Principal 185.00 40.0 $7,400.00 Richard Lewis, Project Coordination Sr. Rest. Ecol. 130.00 90.0 $11,700.00 Richard Lewis, Site Visits Sr. Rest. Ecol. 130.00 80.0 $10,400.00 Richard Lewis, Reports Sr. Rest. Ecol. 130.00 36.0 $4,680.00 Richard Lewis, Annual Survey Sr. Rest. Ecol. 130.00 60.0 $7,800.00 Richard Lewis, AMR Sr. Rest. Ecol. 130.00 133.0 $17,290.00 David Hughes Sr. Rest. Ecol. 125.00 90.0 $11,250.00 Staff Ecologist 100.00 232.0 $23, 200.00 Editor Editor 85.00 25.0 $2,125.00 Chris Starbird GIS Specialist 100.00 40.0 $4,000.00 Sheryl Kristal WP 70.00 70.0 $4,900.00 Subtotal Task 4 $104,745.00 TOTAL ALL TASKS $165,060.00 R:\Projects\TemecuIW00952.73-Ace Mit Site and 5 -Yr Mon-031212.doc B-2 Attachment B — Fee Estimate • Offsite Mitigation Site (2.73 Acres) D Parcel No. 9614.40007 0 Parcel No. 961440012 Offsite Mitigation Site Location French Valley Parkway interchange Project " 150 0 300 Feet I-5...”)...}.611Art.t.92.,hestrtgoeun 03.4 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 %' City of FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Circulation Project Project Description: Project will include the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate -15 over -crossing and 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. Project 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 Future Total Project 2011-12 2012-13 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 M S 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 Future Total Project 2011-12 2012-13 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 TUMF (CETAPRCTC)(1) $20,000,000 $ 8,761,369 $ 28,761,369 TUMF (RCTC)(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 I is $1,682,000 -ROW and $203,784-PS&E - See also Phase II. (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. 13 Approvals City Attorney Director of Finance City Manager /10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: First Amendment to the Utility Agreement with Southern Californian Edison for Phase I of the French Valley Parkway/Interchange Project, PW07-04 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: Approve the First Amendment to the Utility Agreement with Southern California Edison in an amount not to exceed $51,110.57 to perform construction related activity associated with the relocation of electrical utilities for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project. BACKGROUND: The construction of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project — Phase I, PW07-04, necessitates the relocation of existing electrical, telephone, and sewer facilities. These relocations are necessary to maintain compliance with Caltrans' policy of curtailing utility easements and facilities from State right-of-way. The project is on the State Highway System and the City is the implementing agency. As such, and in accordance with the Design Cooperative Agreement (District Agreement No. 8-1217), City staff has worked directly with Southern California Edison (SCE) as an agent of the State. Relocation plans were developed and cost liabilities were established. On September 27, 2011 the City Council approved a Utility Agreement with SCE for an amount of $66,098.79, the estimated cost of constructing the electrical relocation. The original estimate provided by SCE, in development of the Utility Agreement, utilized incorrect labor hours. This First Amendment will reconcile actual incurred costs for the design and construction and provide reimbursement for the relocation work. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements Project, Phase I within its Capital Improvement Program Fiscal Year 2012-2016. The total Agreement amount will be $117,209.36, which includes the Agreement amount of $66,098.79 and the First Amendment amount of $51,110.57 and will be covered by Traffic Uniform Mitigation Fee (TUMF) Community Environmental Transportation Acceptability Process (CETAP) funds secured in Agreement No. 11-72-036-00 between the City and Riverside County Transportation Commission (RCTC) on December 14, 2010. ATTACHMENTS: 1. Amendment to SCE Utility Agreement 2. Project Description 3. Project Location Page 1 of 4 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Ree 1/2009) DISTRICT 08 COUNTY Riverside ROUTE 15,215 KP (PM) 9.2/15.3 EXPENDITURE AUTHORIZATION 432700 FEDERAL AID NUMBER OWNER'S FILE NUMBER DWO #293677, #TD461316 FEDERAL PARTICIPATION On the Project [X] YES [ ] NO On the Utilities [ ] YES [X] NO UTILITY AGREEMENT NO. 08 -UT -20704 DATE: May 22, 2012 FIRST AMENDMENT TO UTILITY AGREEMENT NO. 08 -UT -20704 WHEREAS, the City of Temecula, hereinafter called "CITY", and Southern California Edison Company, hereinafter called "OWNER", have entered into that certain Utility Agreement No. 08 -UT -20704, dated September 27, 2011, which Agreement sets forth the terms and conditions pursuant to which OWNER has distribution electric facilities requiring relocation to accommodate CITY's construction of a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road and the Interstate-15/Interstate-215 junction and, WHEREAS, in the performance of said work, increased costs over and above those estimated at the time of the execution of said Agreement were incurred due to the fact that the original labor hours estimated for the project were incorrect; and, WHEREAS, it has been determined that, since final costs have overrun the amount shown in said Agreement by 77%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased costs of the work to the CITY; and WHEREAS, the estimated cost to the CITY of the work to be performed under said Agreement was $66,098.79, and by reason of the increased costs referred to above, the amended estimated cost to the CITY is $117,209.36, which is attached and made part hereto; and NOW, THEREFORE, it is agreed to the parties as follows: 1. The estimated cost to the CITY $66,098.79 as set forth in said Agreement is hereby amended to read $117,209.36. 2. All other terms and conditions of said Agreement remain unchanged. Page 2of4 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 08 -UT - 20704 this 22nd day of May, 2012. SOUTHERN CALIFORNIA EDISON COMPANY By: Carol Brown, Manager Eastern Land Management CITY OF TEMECULA By: Chuck Washington, Mayor Approved as to form: By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk Page 3 of 4 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL '- Compan. City of Temecula Public Works Department PO Box 9033 43200 Business Park Drive, Temecula, CA 92590 Attention: Will Becerra — Project Manager February 13, 2012 RE: Revised Liability Letter - Utility Agreement — EA 432700 Project No. 20704 Location: 1-15 / French Valley Parkway, Temecula SCE File #CAL201369268 Dear Mr. Becerra: This letter supersedes the letter to you dated April 28, 2011. This letter includes the repricing for the District work and has a different total for liability. The original labor hours estimated for the above project were incorrect. The number of labor hours assigned for the work involved was low. Given this job is an actual cost work order, our estimated hours are reviewed and checked by our distribution general superintendent. The project has been re -priced based on these new estimates for labor hours involved. Southern California Edison Company (SCE) received your request to relocate our underground facilities to accommodate the construction of the above project. The facilities to be relocated lie within a franchise position and the cost of liability will be fifty percent (50%) City expense and fifty percent (50%) SCE expense in accordance with the Freeway Master Contract dated November 1, 2004. Provided below is a breakdown of costs for this project. (olporua• Rea I a:ud u;un (lcv.land ,At cynic ',Lute IOn R,111, 110 (ucamom,ia. C' V `) I' Page 4 of 4 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT AMENDMENT TO UTILITY AGREEMENT RW 13-5 (Rev 1/2009) Distribution Work Order Design #293677, Product # TD461316 Labor: $ 171,537.07 Material: $ 22,510.78 Contract: $ 35,837.64 Salvage: $ - 681.77 Depreciation: $ - 785.00 Total: $ 228,418.72 CRE $ 6,000.00 Total: $ 234,418.72 Total estimated costs for relocation work orders: $ 234,418.72 50% City expense: $ 117,209.36 50% SCE expense: $ 117,209.36 The above estimated costs are valid for 120 -days from the date of this letter. After the 120 -day period, it will be necessary to update the costs. If the City is in agreement with this claim, please prepare the Notice to Owner and Utility Agreement depicting the City's portion of relocation costs in the amount of $117,209.36 and forward to me for execution. In the event you have any questions, please contact me at (909) 944-4408, jay.glasser@sce.com, or 9500 Cleveland Avenue Suite 100 Rancho Cucamonga, CA 91730 Sincerely Jay Glasser Right of Way Agent Corporate Real Estate Corporate Real Estate 9500 Cleveland Avenue Suite 100 Rancho Cucamonga, CA 91730 2011-12 2015-16 $15,300 rCity of n iervt-e-c-14,&eit, 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. Project 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 M S H C P $ 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 TUMF (CETA P/RCTC) (1) $20,000,000 $ 8,761,369 $ 28, 761, 369 TUMF (RCTC)(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 2013-14 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 I is $1,682,000 -ROW and $203,784-PS&E - See also Phase II. (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 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 Item No. 14 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: May 22, 2012 SUBJECT: Agreement with Marine Biochemist for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve an Agreement for Minor Maintenance Services for the Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond with Marine Biochemist, a business of Arch Chemicals, Inc., in the amount of $56,800 for Fiscal Year 2012-13. BACKGROUND: On February 29, 2012, the Public Works Department posted on the City of Temecula website a Request for Proposals (RFP) for Water Management/Maintenance Services for the Harveston Lake Park and Temecula Duck Pond. The Public Works Department received five proposals, which were evaluated to determine the qualifications and competitiveness of each vendor to provide Water Management/Maintenance Services. Marine Biochemist was determined to be the most qualified bidder to provide the required Water Management/Maintenance Services. FISCAL IMPACT: The amount to provide scheduled Water Management/ Maintenance Services is $46,800. In addition, an estimated $10,000 is being requested for non- scheduled repairs and supplemental services. Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2012-13 in the appropriate expenditure accounts. ATTACHMENTS: Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND MARINE BIOCHEMIST of CA clo ARCH CHEMICALS, INC LAKE & POND MANAGEMENT/MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of May 22, 2012, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Marine Biochemist of CA clo Arch Chemicals, Inc. a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 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. The City may, upon mutual agreement, extend the contract for four additional one year terms. In no event shall the contract be extended beyond June 30, 2017. 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 Fifty Six Thousand Eight Hundred Dollars and No Cents ($56,800) 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. 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. 1 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 Ag ree me nt. 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.clov. 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 (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 2 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 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 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 the Successor Agency to the Temecula Redevelopment Agency. 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: 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 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the 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, and 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, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 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, 4 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. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 5 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 hislher tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 6 To Contractor: 23. ASSIGNMENT Marine Biochemist of CA c/o Arch Chemicals, Inc. Contact Person: Bill Thomas 2940 E. La Jolla St. Unit B Anaheim, CA 92806 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA Marine Biochemist of CA c/o Arch Chemicals, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor Rich Walden, Group Head, America ATTEST: By: By: Susan W. Jones, MMC, City Clerk Michael Waddell, VP & Water Treatment America APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Marine Biochemist of CA c/o Arch Chemicals, Inc. Contact Person: Bill Thomas 2940 E. La Jolla St. Anaheim, CA 92806 Phone Number. (714) 632-5253 8 PM Initials: D Date: Il EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the future repairs, and maintenance of lake & pond at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and General Manager shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager , the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Ag ree me nt. HARVESTON LAKE PARK AND TEMECULA DUCK POND WATER MANAGEMENT/MAINTENANCE SERVICES SPECIFICATIONS/SCOPE OF WORK Preventative maintenance duties described in this Scope of Work are to be performed on lake and pond at the following locations: A. Harveston Lake, 29005 Lake House Road, 8.4 acres, approximately 22,866,000 gallons water supply: recycled water. B. Temecula Duck Pond, 28250 Rancho California Road, 2.5 acres approximately 4,100,000 gallons water supply: portable water and off site runoff. SCOPE OF WORK FOR HARVESTON LAKE PARK / TEMECULA DUCK POND Services to the Lake & Pond will be provided three or two times per week, please see EXHIBIT "B" PRICING SHEET for more information. 1. Each service visit by the vendor will include the following: • Inspect the entire waterscape system 9 • Clean pump intake screens and skimmer baskets • Remove all trash and debris within 20 feet of the Lake/Pond edge (includes floating debris and bottom debris) • Inspect all Lake/Pond circulation equipment and aeration equipment for proper operation (notify District immediately if not operating properly) • Provide routine maintenance of Lake/Pond mechanical equipment (circulation pumps, aeration pumps and diffusers) • Monitor Lake/Pond water condition and provide required water treatments (both chemical and manual) • Contractor shall supply and apply all required labor, materials/chemicals to maintain and promote a healthy and aesthetically acceptable Lake/Pond condition at all times (provide labels & MSDS for all materials to be used) • Contractor shall provide aquatic vegetation control measures to maintain an aesthetically acceptable condition at all times • Contractor shall notify the District representative immediately of any abnormal water condition • Contractor shall provide insect control measures to manage the aquatic borne insect population at an acceptable level at all times • Contractor shall provide a monthly report of the services performed and chemicals applied and a general observation of the Lake/Pond water condition 2. Contractor shall provide a weekly schedule showing proposed service days and approximate time of arrival for each service. Schedule shall be delivered (via e-mail) to the City Maintenance Superintendent. 3. Contractor shall provide a monthly report of the service performed and chemicals applied and a general observation of the lake/pond water quality and condition. 4. It is the responsibility of the Vendor to notify the District when any equipment is faulty or in need of repair, or if the Lake/Pond water chemistry is in a condition deemed hazardous and/or unsightly. The District has the option, to use District staff, the Vendor or another contractor to perform repairs. 5. Additional work may be requested by the District, at the rate shown in the Pricing Sheet (Exhibit B). 6. Vendor shall meet a minimum of one time per month with designated District representative, to review performance and Lake/Pond condition. 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE PRICING SHEET LAKE & POND MANAGEMENT/MAINTENANCE SERVICES DESCRIPTION PRICE PER MONTH PRICE PER YEAR Harveston Lake Park To be serviced three times per week (Monday, Wednesday & Friday) $3,975.00 $47,700.00 Harveston Lake Park To be serviced twice a week (Tuesday & Friday) $3,300.00 $39,600.00 Temecula Duck Pond To be services three times per week (Monday, Wednesday & Friday) $880.00 $10,560. Temecula Duck Pond To be serviced twice a week (Tuesday & Friday) $600.00 $7,200.00 ALTERNATE BID ITEMS — for emergency repairs or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS, EQUIPMENT AND MATERIALS 15% HOURLY RATE PER REGULAR MAN HOUR (8am TO 5pm Monday through Friday $75.00 HOURLY RATE PER OVERTIME MAN HOUR - After-hours, Weekends, Holidays, etc. $100.00 Company Name: Signature of Authorized Representative: Title: Date: 11 Item No. 15 Approvals City Attorney Director of Finance City Manager Altd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Resolution of Intent to create a Murrieta Creek Joint Powers Authority RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING ITS INTENT TO CREATE A MURRIETA CREEK JOINT POWERS AUTHORITY BACKGROUND: The Cities of Temecula and Murrieta experienced a National flooding disaster as a result of Murrieta Creek overtopping its banks in January 1993 causing millions of dollars in damage; and the results of the next large flood in the area are likely to be even more devastating. Since that time the Riverside County Flood Control and Water Conservation District (RCFC) has been working with the United States Army Corp of Engineers (Corps) to design and fund improvements to Murrieta Creek to alleviate such flooding events. In 2004 the Cities of Temecula and Murrieta, and the Riverside County Flood Control and Water Conservation District entered into a Cooperative Agreement entitled "Joint Funding of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project", detailing each agency's funding responsibilities of the "Local Share" of the project costs. To date the taxpayers of Temecula, Murrieta and Riverside County have contributed more than of $30 million to the RCFC to pay for the "Local Share" of the ultimate improvements. Pursuant to the Cooperative Agreement; the Cities of Temecula Murrieta have also secured/pledged over $10M each to fund new and replacement bridges impacted by the planned improvements. Congress has authorized the overall project and declared that the Federal Government would be responsible for funding 65% of the overall project, the "Federal Share". Despite extensive project advocacy efforts by RCFC representatives, City Officials and professional lobbyists the project has only received a small fraction of the necessary federal funding by way of congressional "earmarks", which are no longer supported by the current administration. With the exception of Phase 1, a Y% mile long reach at the downstream end of the planned project, sufficient federal funding has yet to be allocated to construct the seven miles of needed improvements. Recent changes to the federal budgeting process afforded the Corps additional discretion in programming Corps budget appropriations. However despite being advised by local Corps representatives that a re -engineered project scope resulting in a more favorable Benefit/Cost ratio (B/C ratio) would "compete better" for funding, no federal funding was allocated toward the project. The formation of a Joint Powers Authority (JPA) will provide for a locally controlled project, with direct input and participation from the municipalities that would be impacted by future flooding events, rather than relying on a federal agency. The County Board of Supervisors approved a similar resolution at its May 8, 2012 meeting and asked that each participating agency consider such a resolution. The County resolution was verbally amended to include the City of Wildomar, at the request of the City of Wildomar, during the County's Board of Supervisor's meeting. FISCAL IMPACT: Minor legal fees associated with City Attorney review of the joint JPA formation documents. The City's financial responsibility toward the overall project will be defined in the final joint exercise of powers agreement, which must be considered at a future City Council meeting. ATTACHMENTS: 1. County Resolution 2. Resolution 12- {DMA 111riry 152; SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Supervisor Jeff Stone SUBMITTAL DATE; May 1, 2012 of SUBJECT: Resolution No. 2012-129 Resolution of the Board of Supervisors of the County of Riverside Creating a Murrieta Creek Joint Powers Authority RECOMMENDED MOTION: That the Board of Supervisors join me in approving the attached resolution to move forward for the creation of a joint powers authority. BACKGROUND; In January of 1993 the Cities of Murrieta and Temecula experienced a national flooding disaster as a result of the Murrieta Creek overtopping its banks. The next flood will likely be even more devastating. For decades Riverside County flood Control and Water Conservation District has been diligently working with United State Arm Corp of Engineers to design and ultimately fund the improvements to the Murrieta Creek. With the lack of sufficient federal funding the design and construction of this necessary infrastructure has resulted in continuing risk to the public and their property. Taxpayers have contributed more than $30 million to Riverside County Flood Control & Water Conservation District to pay for the eventual improvements of Murrieta Creek. We have received authorization from Congress on the overall project and stated that the Federal government would be responsible for funding 65%. Our local members of Congress have yet to be successful in obtaining the appropriations of these Federal monies to complete construction of Phases 2, 3 and 4. JEFF S ONE ) Supervisor — Third District 3.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Board of Supervisors County of Riverside RESOLUTION NO. 2012-129 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CREATE A MURRIETA CREEK JOINT POWERS AUTHORITY WHEREAS, the Cities of Temecula and Murrieta experienced a National flooding disaster as a result of Murrieta Creek overtopping its banks in January 1993 causing millions of dollars in damage; and WHEREAS, the results of the next large flood in the area could be even more devastating; and WHEREAS, the Riverside County Flood Control and Water Conservation District has been working diligently with the United States Army Corp of Engineers to design and ultimately fund the improvements to Murrieta Creek for decades; and WHEREAS, with the exception of Phase 1, a half -mile long reach at the downstream end of the planned project, sufficient federal funding has yet been allocated to construct the seven miles of needed improvements; and WHEREAS, the lack of sufficient federal funding for the design and construction of this necessary infrastructure has resulted in the continuing risk to the public and their property; and WHEREAS, the taxpayers of Riverside County have contributed more than $30 million to the Riverside County Flood Control and Water Conservation District to pay for the ultimate improvements of Murrieta Creek; and WHEREAS, Congress has authorized the overall project and declared that the Federal Government would be responsible for funding 65% of the overall project; and WHEREAS, our local members of Congress have yet to be successful in gaining the appropriations of sufficient federal monies to complete construction of Phases 2, 3 and 4; and NOW THEREFORE BE IT RESOLVED, that the County of Riverside, the Cities of Temecula and Murrieta, along with the Riverside Flood Control and Water Conservation District, form a Joint Powers Authority (JPA) with the expressed goal of moving forward with the design and construction of Murrieta Creek. The JPA will consist of members appointed by the respective Councils and Boards and will be guided by the following basic tenets: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • That the Joint Powers agree that moving ahead with the project design and construction, as quickly as possible, is the best way to ensure the safety of local citizens and their properties. This action will reduce the risks of morbidity and mortality associated with a catastrophic flooding event, as well as create many jobs for local residents seeking employment. • That the funds held by the Flood Control District for the Project (currently estimated to be over $30 million), be used to design and construct as much of the project as possible. • That the Joint Powers act together to secure any other sources of funding needed to complete the project. BE IT FURTHER RESOLVED AND ORDERED by the Board of Supervisors of the County of Riverside, State of California, in regular session assembled on May 8, 2012 as follows: The Board hereby directs that following approval of resolutions by the cities of Murrieta and Temecula to create a JPA, County Counsel to prepare a draft a joint powers agreement between the four government agencies; Riverside County, the cities of Temecula and Murrieta, and the Riverside County Flood Control and Water Conservation District; to move forward with the intent of this resolution. 2 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING ITS INTENT TO CREATE A MURRIETA CREEK JOINT POWERS AUTHORITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Cities of Temecula and Murrieta experienced a National flooding disaster as a result of Murrieta Creek overtopping its banks in January 1993 causing millions of dollars in damage; and WHEREAS, the results of the next large flood in the area are likely to be even more devastating; and WHEREAS, the Riverside County Flood Control and Water Conservation District has been working diligently with the United States Army Corp of Engineers to design and ultimately fund the improvements to Murrieta Creek for decades; and WHEREAS, in 2004 the Cities of Temecula and Murrieta, and the Riverside County Flood Control and Water Conservation District entered into a Cooperative Agreement entitled "Joint Funding of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project", detailing each agency's funding responsibilities of the "Local Share" of the project costs; and WHEREAS, with the exception of Phase 1, a 1/2 mile long reach at the downstream end of the planned project, sufficient federal funding has yet been allocated to construct the seven miles of needed improvements; and WHEREAS, the lack of sufficient federal funding for the design and construction of this necessary infrastructure has resulted in the continuing risk to the public and their property; and WHEREAS, the taxpayers of the Riverside County have contributed more than of $30 million to the Riverside County Flood Control and Water Conservation District to pay for the "Local Share" of the ultimate improvements of Murrieta Creek; and WHEREAS, Congress has authorized the overall project and declared that the Federal Government would be responsible for funding 65% of the overall project, the "Federal Share"; and WHEREAS, our local members of Congress have yet to be successful in gaining the appropriations of sufficient federal monies to complete construction of Phases 2, 3 and 4. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: A. That the Cities of Temecula, Murrieta, and Wildomar, along with Riverside County and the Riverside Flood Control and Water Conservation District initiate the process to form a Joint Powers Authority (JPA) with the expressed goal of moving forward with the design and construction of Murrieta Creek. The JPA will consist of members appointed by the respective Councils and Board and will be guided by the following basic tenets: 1. That the Joint Powers agree that moving ahead with the project design and construction, as quickly as possible, is the best way to ensure the safety of local citizens and their properties. This action will reduce the risks of morbidity and mortality associated with a catastrophic flooding event, as well as create many jobs for local residents seeking employment. 2. That the funds held by the Flood Control District for the Project (currently estimated to be over $30 million), be used to design and construct as much of the project as possible. 3. That the Joint Powers act together to secure any other sources of funding needed to complete the project. B. The City Council hereby directs and authorizes the City Staff to meet with the staffs of the City of Murrieta, City of Wildomar, and the County of Riverside to negotiate and draft a joint exercise of powers agreement to accomplish these goals. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 16 ACTION MINUTES of May 8, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:33 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 10 Action Minutes - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and voice vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the action minutes of April 24, 2012. 11 First Amendment with Time Warner NY Cable, LLC regarding Easement Agreement in connection with Veteran's Park and Construction of Certain Improvements on Veteran's Park - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and voice vote reflected unanimous approval. RECOMMENDATION: Approve the First Amendment to the Agreement with Time Warner NY Cable, LLC that accepts the Quitclaim of an existing Southern California Edison Easement and grants a new Southern California Edison Easement within Veteran's Park. 12 First Amendment with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and voice vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement with Environmental Cleaning Solutions and Facility Management, LLC for Park Restrooms and Picnic Shelters Janitorial Services, in the amount of $78,180, for Fiscal Year 2012-13. 13 Second Amendment with ThyssenKrupp Elevator for Elevator Maintenance and Monitoring Services for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and voice vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the Second Amendment to the Agreement with ThyssenKrupp Elevator for elevator maintenance and monitoring services, in the amount of $26,800, for Fiscal Year 2012-13. 14 Third Amendment with Alpha Mechanical Service & Engineering for HVAC Maintenance Services for Fiscal Year 2012-13 - Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Roberts; and voice vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the Third Amendment to the Agreement with Alpha Mechanical Service & Engineering for HVAC Maintenance Services, in the amount of $50,000, for Fiscal Year 2012-13. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:36 P. M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 22, 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. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Item No. 17 Approvals City Attorney Director of Finance City Manager 2670 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Wilson, Director of Finance DATE: May 22, 2012 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2012 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Nine Months Ended March 31, 2012. BACKGROUND: The attached financial statements reflect the unaudited activity of the Temecula Community Services District for the nine months ended March 31, 2012. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of March 31, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the nine months ended March 31, 2012. TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as March 31, 2012 and Statements of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Nine Months Ended March 31, 2012 (Unaudited) Prepared by the Finance Department TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2012 Parks & Service Level Service Level Service Level Service Level Recreation B C D R ASSETS: Cash and Investments $ 1,067,147 $ 74,397 $ 1,050,784 $ 277,754 $ 8,004 Due From other Funds 141,236 - - - Receivables 53,775 184 1,950 1,786 12 Deposit 4,994 - - TOTAL ASSETS LIABILITIES AND FUND BALANCES $ 1,267,152 $ 74,581 $ 1,052,734 $ 279,540 $ 8,016 LIABILITIES: Other Current Liabilities $ 443,578 $ 74,188 $ 78,718 $ 1,216 $ TOTAL LIABILITIES 443,578 74,188 78,718 1,216 FUND BALANCES: Nonspendable: Deposits Restricted for: Debt Service Committed to: Contractual Obligation - Encumbrances Assigned to: Community Services District 4,994 850,752 299,882 14,365 1,670 (32,172) 393 674,134 263,959 6,346 TOTAL FUND BALANCES 823,574 393 974,016 278,324 8,016 TOTAL LIABILTIES and FUND BALANCES $ 1,267,152 $ 74,581 $ 1,052,734 $ 279,540 $ 8,016 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2012 Service Level L ASSETS: Summer Library Youth Program 2001 Debt Service Total Cash and Investments $ 219,659 $ 245,500 $ 17,998 $ - $ 2,961,243 Due from other Funds - - - - 141,236 Receivables 521 1,179 - - 59,406 Deposit - 4,994 TOTAL ASSETS LIABILITIES AND FUND BALANCES $ 220,180 $ 246,679 $ 17,998 $ - $ 3,166,881 LIABILITIES: Other Current Liabilities $ 2,670 $ 9,216 $ - $ - $ 609,586 TOTAL LIABILITIES 2,670 9,216 - - 609,586 FUND BALANCES: Nonspendable: Deposits - - - 4,994 Restricted for: Debt Service - - - Committed to: Contractual Obligation - Encumbrances 44,527 115,076 1,326,272 Assigned to: Community Services District 172,983 122,387 17,998 - 1,226,028 TOTAL FUND BALANCES TOTAL LIABILTIES and FUND BALANCES NOTE: Balances are unaudited 217,510 237,463 17,998 - 2,557,294 $ 220,180 $ 246,679 $ 17,998 $ - $ 3,166,881 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the Nine Months Ended March 31, 2012 REVENUES: Special Tax TCSD Admin Fee Credit/"REST" Recreation Program Investment Interest Development Services TOTAL REVENUES EXPENDITURES: Annual Year -to -Date Percentage Amended Activity Encumbrances Total Activity of Budget Budget $ 3,748,631 $ 2,004,874 $ 5,640,227 4,505,170 2,243,737 1,360,017 6,000 5,870 93,583 79,367 $ 2,004,874 4,505,170 1,360,017 5,870 79,367 53% 80% 61% 98% 85% 11,732,178 7,955,298 7,955,298 68% Parks, Medians, & Arterial Street Lighting 6,352,667 4,216,671 592,754 4,809,426 76% Seniors 307,758 208,172 10,212 218,384 71% Community Recreation Center (CRC) 552,189 343,654 16,731 360,384 65% (2) Recreation Programs 964,263 580,987 37,960 618,947 64% (2) Temecula Community Center (TCC) 192,848 107,383 7,497 114,880 60% (2) Museum 199,440 125,745 16,960 142,704 72% Aquatics 641,759 365,083 48,583 413,666 64% (2) Sports 307,489 232,670 17,427 250,096 81% Children's Museum 351,732 238,982 8,312 247,295 70% Community Theater 1,137,486 786,267 24,912 811,179 71% Cultural Arts 344,986 259,471 15,241 274,712 80% Old Town Maintenance 132,937 74,578 34,556 109,135 82% Harveston Center 322,908 175,785 9,408 185,193 57% (2) Conference Center 47,600 8,776 10,199 18,975 40% (2) TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Transfers Out Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of March 31, 2012 11,856,062 7,724,226 850,752 8,574,978 72% (123,884) 231,072 (597,979) (597,979) (721,863) (366,907) 1,190,481 1,190,481 $ 468,618 $ 823,574 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance in recreations programs is due to contracted classes, day camp, swimming classes, and sports activities participation and registrations that are scheduled prior to the end of the fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the Nine Months Ended March 31, 2012 Annual Amended Budget REVENUES: Year -to -Date Percentage of Activity Budget Assessments $ 641,384 $ 332,980 52% (1) TCSD Admin Credit/"REST" 293,365 293,365 100% Street Lighting Fees 2,160 - Investment Interest 40 412 TOTAL REVENUES 936,949 626,756 67% EXPENDITURES: Salaries and Wages 17,905 13,546 Street Lighting Fees 926,600 692,059 Property Tax Admin Fees 14,225 12,728 TOTAL EXPENDITURES 958,730 718,332 Revenues Over/(Under) Expenditures (21,781) (91,575) Beginning Fund Balance as of July 1, 2011 91,968 91,968 Ending Fund Balance as of March 31, 2012 $ 70,187 $ 393 NOTES: (1) Special assessment taxes are primarily received in January and May of each fiscal year. 76% 75% 89% 75% TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the Nine Months Ended March 31, 2012 Annual Year -to -Date Percentage Amended Activity Encumbrances Total Activity of Budget Budget REVENUES: Assessments $ 1,582,822 $ 825,393 $ $ 825,393 52% (1) Slope Inspection Fees 1,945 1,945 Investment Interest 7,125 6,868 6,868 96% TOTAL REVENUES 1,589,947 834,206 834,206 EXPENDITURES: Salaries and Wages 104,364 77,191 77,191 74% Landscape Maintenance 997,988 661,730 263,749 925,479 93% (2) Rehabilitation 150,200 1,000 28,399 29,399 20% Operating Expenditures 529,707 263,351 7,734 271,085 51% TOTAL EXPENDITURES 1,782,259 1,003,272 299,882 1,303,154 73% Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of March 31, 2012 (192,312) (169,066) 1,143,082 1,143,082 $ 950,770 $ 974,016 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance in landscape maintenance is due to encumbrances that are recorded for the entire year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING AND STREET SWEEPING for the Nine Months Ended March 31, 2012 Annual Year -to -Date Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: Assessments $ 5,979,702 $ 2,996,964 $ $ 2,996,964 50% (1) Grants 27,685 27,685 - 27,685 100% (2) Recycling Program 5,000 5,531 5,531 111% (3) Investment Interest 3,000 7,542 7,542 251% TOTAL REVENUES 6,015,387 3,037,722 3,037,722 EXPENDITURES: Salaries and Wages 72,336 53,366 53,366 74% Refuse Hauling 5,972,905 2,975,910 - 2,975,910 50% (4) Operating Expenditures 137,784 35,980 14,365 50,345 37% (5) TOTAL EXPENDITURES 6,183,025 3,065,256 14,365 3,079,621 Revenues Over/(Under) Expenditures (167,638) (27,534) Beginning Fund Balance as of July 1, 2011 305,857 305,857 Ending Fund Balance as of March 31, 2012 $ 138,219 $ 278,324 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) California State Grant was budgeted and received this quarter. (3) The recycling program revenue was received in March 2012. (4) The second payment to CR&R for refuse services is expected to be paid by June 2012. (5) The variance is due to less than anticipated expenditures during this quarter. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the Nine Months Ended March 31, 2012 REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Annual Amended Budget Total Activity Encumbrances YTD Percentage Activity of Budget $ 5,532 $ 3,083 $ 3,083 56% (1) 40 41 41 103% 5,572 3,124 - 3,124 Emergency Street Maintenance 10,000 1,670 1,670 17% (2) Property Tax Admin Fees 150 141 141 94% TOTAL EXPENDITURES 10,150 141 1,670 1,811 Revenues Over/(Under) Expenditures (4,578) 2,983 Beginning Fund Balance as of July 1, 2011 5,033 5,033 Ending Fund Balance as of March 31, 2012 $ 455 $ 8,016 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to less than expected storm drain routine maintenance repair during this quarter. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the Nine Months Ended March 31, 2012 Annual Percentage of Amended YTD Activity Encumbrances Total Activity Budget Budget REVENUES: Assessments $ 225,596 $ 122,195 $ - $ 122,195 54% (1) Harveston Lake Boat Fees 3,600 2,541 2,541 71% Investment Interest 1,300 1,434 1,434 110% TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 230,496 126,169 126,169 44,450 33,221 - 33,221 75% 217,900 114,679 44,527 159,206 73% 262,350 147,900 44,527 192,427 73% (31,854) (21,731) 239,241 239,241 Ending Fund Balance as of March 31, 2012 $ 207,387 $ 217,510 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Library Services REST Contribution Investment Interest TOTAL REVENUES EXPENDITURES: TEMECULA LIBRARY for the Nine Months Ended March 31, 2012 Annual Year to Date Total Percentage Amended Activity Encumbrances Activity of Budget Budget $ 420,012 $ 110,145 $ - $ 110,145 26% 273,511 0% (1) 4,000 3,134 3,134 78% 697,523 113,280 113,280 16% Salaries and Wages 46,690 36,555 - 36,555 78% County Contract 218,000 111,182 106,818 218,000 100% (2) Operating Expenditures 497,980 276,385 28,502 304,887 61% (3) TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 762,670 424,122 135,320 559,442 73% (65,147) (310,842) 548,305 548,305 Ending Fund Balance as of March 31, 2012 $ 483,158 $ 237,463 NOTES: (1) REST Contribution will be transferred by the end of 4th Quarter 2012. (2) Semi annual payments to the County are due in January and June of each fiscal year. (3) The variance in operating expenditures is due to less than anticipated expenses during this quarter. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MAYOR SUMMER YOUTH PROGRAM for the Nine Months Ended March 31, 2012 REVENUES: Operating Transfers In Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages TOTAL EXPENDITURES Annual Year to DatePercentage of Amended Activity Total Activity Budget Budget $ 4,000 $ 4,000 $ 4,000 100% (1) 2 2 4,000 4,002 4,002 100% 4,000 3,926 3,926 4,000 3,926 3,926 Revenues Over/(Under) Expenditures - 76 Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of March 31, 2012 17,922 17,922 $ 17,922 $ 17,998 NOTES: (1) The operating transfer is processed this quarter for the Mayor Summer Youth Program 98% 98% (2) (2) The variance in salaries and wages is due to all of the activities for this program occur during the summer months. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEBT SERVICE FUND for the Nine Months Ended March 31, 2012 REVENUES: Transfers In TOTAL REVENUES EXPENDITURES: Annual Amended Budget Year to Date Percentage of Activity Budget $ 4,331,970 $ 4,331,968 100% (1) 4,331,970 4,331,968 100% Debt Service - Principal 300,000 300,000 100% (2) Debt Service - Interest 99,003 99,003 100% (2) Redemption Costs 3,929,991 3,929,990 100% Operating Expenditures 3,153 3,152 100% TOTAL EXPENDITURES 4,332,147 4,332,145 100% Revenues Over/(Under) Expenditures (177) (177) Beginning Fund Balance as of July 1, 2011 177 177 Ending Fund Balance as of March 31, 2012 $ - $ (0) NOTES: (1) The operating transfer is processed this quarter for principal and interest payment due October 2011. (2) Debt service principal and interest were paid on October 1, 2011. Item No. 18 Approvals City Attorney Director of Finance City Manager yotAl TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Cooperative Agreement between the Temecula Community Services District and the City of Temecula RECOMMENDATION: Approve a Cooperative Agreement for the purchasing of supplies, equipment and services, and for providing maintenance and construction services for City affiliated entities. BACKGROUND: The TCSD is a governmental entity organized to provide services to the people of Temecula. The legislative body of the TCSD is composed of the members of the City Council of the City of Temecula. The jurisdictional boundaries of the TCSD are coterminous with the boundaries of the City of Temecula. Each fiscal year, the City and the TCSD enter into several agreements for the purchase of supplies, equipment and services, and agreements for maintenance and construction services for the public facilities and maintenance areas that are either owned, operated or controlled by the City or TCSD, including but not limited to: custodial services; maintenance of buildings, facilities, parks, medians, slopes, or rights of way; purchases of supplies, equipment or services; construction of buildings, facilities, parks, medians, slopes, or rights of way; professional services ("Purchases and Services"). Many of these agreements are with the same providers or contractors for the same purchases or services. The funds for such Purchases and Services are from several different sources. The purpose of this Agreement is to consolidate the agreements for Purchases and Services into the control of the City in order to provide more efficient purchasing and services and provide for the proportionate funding or reimbursement of such Purchases and Services by the TCSD FISCAL IMPACT: Implementing this agreement will provide for a more effective means of processing agreements and will thus result in operational efficiency savings. ATTACHMENTS: Cooperative Agreement Rev 1 May 11, 2012 gb COOPERATIVE AGREEMENT FOR THE PURCHASING OF SUPPLIES, EQUIPMENT AND SERVICES AND FOR PROVIDING MAINTENANCE AND CONSTRUCTION SERVICES FOR CITY AFFILIATED ENTITIES THIS AGREEMENT is made and entered into as of May 22, 2012 between the City of Temecula ("City"), a municipal corporation and the Temecula Community Services District ("TCSD"), a community services district. In consideration of their mutual promises set forth in this Agreement, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties hereto agree are true and correct: A. The TCSD is a governmental entity organized to provide services to the people of Temecula. The legislative body of the TCSD is composed of the members of the City Council of the City of Temecula. The jurisdictional boundaries of the TCSD are coterminous with the boundaries of the City of Temecula. B. Each fiscal year, the City and the TCSD enter into several agreements for the purchase of supplies, equipment and services, and agreements for maintenance and construction services for the public facilities and maintenance areas that are either owned, operated or controlled by the City or TCSD , including but not limited to: custodial services; maintenance of buildings, facilities, parks, medians, slopes, or rights of way; purchases of supplies, equipment or services; construction of buildings, facilities, parks, medians, slopes, or rights of way; professional services ("Purchases and Services"). Many of these agreements are with the same providers or contractors for the same purchases or services. The funds for such Purchases and Services are from several different sources. C. The purpose of this Agreement is to consolidate the agreements for Purchases and Services into the control of the City in order to provide more efficient purchasing and services and provide for the proportionate funding or reimbursement of such Purchases and Services by the TCSD. 2. Purchasing and Construction Services to be Provided by City. The City shall provide Purchases and Services for the TCSD and shall enter into agreements with appropriate vendors and contractors for the performance of such Purchases and Services. The TCSD shall fund or reimburse the City its proportional share of the costs of such Purchases and Services. A. The City Manager of the City and the General Manager of TCSD, or their designees, shall develop administrative procedures for the TCSD to request Purchases and Services from the City and for the funding or reimbursement for such Purchases and Services by TCSD. B. The City Manager and the General Manager, or their designees, shall determine the portion of those Purchases and Services that are to be funded by the TCSD or to be reimbursed to the City by the TCSD and the General Manager shall transfer funds to the City or shall reimburse the City for the TCSD's proportionate share of the costs of such Purchases and 1 DRAFT: MAY 10, 2012 Services subject to and in accordance with the TCSD's Budget as approved by the TCSD Board of Directors. C. City shall enter into the agreements for Purchases and Services in accordance with the applicable requirements of state law and the Temecula Municipal Code. D. City shall administer the agreements for Purchases and Services for TCSD. The General Manager of TCSD is directed and authorized to reimburse the City for TCSD's proportional share of the administrative costs to the City of providing Purchases and Services subject to and in accordance with the TCSD's Budget as approved by the TCSD Board of Directors. E. TCSD may elect to enter into its own agreements for Purchases and Services without termination of this Agreement. F. To the extent there are existing agreements for Purchases and Services to which TCSD is a party, the City Manager of the City and the General Manager of TCSD, or their designees, shall determine the portion of those agreements for Purchases and Services that are to be funded by the City, if any, and the City Manager shall transfer funds to the TCSD or shall reimburse the TCSD for the City's proportionate share of the costs of such Purchases and Services subject to and in accordance with the City's Budget as approved by the City Council. 3. Term. This Agreement shall commence on the date first written above. Either party may terminate this Agreement for any reason, with or without cause, on ten (10) days written notice to the other; provided, however, that such termination shall not be effective until such time as all agreements for Purchases and Services entered into pursuant to this Agreement have been completed or terminated. 4. Indemnification. Each party shall indemnify and hold the other party and their respective officers, officials, agents, employees and volunteers, harmless from all costs (including attorney's fees and costs), claims, demands, stop notices, liabilities or judgments for injury or damage to property and injuries to persons, including death, or breach of agreement arising from the other party's action or inaction relating to Purchases and Services pursuant to this Agreement. This Section shall survive termination or expiration of this Agreement. -2- Error! Unknown document property name. DRAFT: MAY 10, 2012 IN WITNESS WHEREOF, the City and TCSD have executed this Agreement as of the date first written above. CITY OF TEMECULA Chuck Washington Mayor Attest Susan W. Jones, MMC City Clerk Approved as to form: Peter M. Thorson City Attomey PO -3- Errort Unluowndocnment property nam TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan W. Jones, MMC Secretary/City Clerk Approved as to form: Peter M. Thorson General Counsel -4- Error! Unknown document property name. DRAFT: MAY 10, 2012 Item No. 19 Approvals City Attorney Director of Finance City Manager Aid TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 22, 2012 SUBJECT: Amendments to Annual Agreements for various services required by the Maintenance Division for Fiscal Year 2012-13 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2012-13 for routine and emergency services for various Maintenance Division needs. General Maintenance Contract Services Craftsmen Plumbing, Heating & Cooling, Inc. $200,000 Del Rio Enterprise, Inc. $100,000 Moore Fence Company, Inc. $100,000 Strong's Painting $100,000 Witcher Electric $100,000 T.D. Grogan Construction, Inc. $50,000 Power Distributors, Inc. $50,000 Musco Sports Lighting, LLC $50,000 BACKGROUND: On June 14, 2011 The Board of Directors approved first amendment to agreements with the above listed firms to complete a vast array of on-call services assisting and supplementing the Maintenance Division staff with maintaining the City's infrastructure. Needed services are requested from the appropriate contractors by service requests. Contractors submit a cost proposal for each service request. And when approved funds are allocated from the corresponding operating budget line item to complete the requested service. Only pre -approved services will be completed utilizing these agreements, unless otherwise directed by the General Manager or Board of Directors. The original agreements allow for four one-year extensions. Each of the firms have responded in a timely manner when requested, provided an economical means of completing the necessary work and performed satisfactorily. Therefore, staff is recommending contract extensions for each vendor. FISCAL IMPACT: Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2012-13 in the appropriate expenditure accounts. ATTACHMENTS: Second Amendments SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND CRAFTSMEN PLUMBING HEATING AND COOLING, INC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Craftsmen Plumbing Heating and Cooling, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $100,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $100,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $200,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000) for additional routine maintenance service for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Craftsmen Plumbing Heating and Cooling, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Denny McKee, President ATTEST: By: By: Susan W. Jones, MMC, City Laura McKee, Treasurer Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Craftsmen Plumbing Heating and Cooling, Inc. Contact Person: Denny McKee 27636 Ynez Rd. Temecula, CA 92591 Phone Number. (951) 676-6838 3 PM Initials: p Q Date: U fj ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. Mar 17 1.1) 1)4:33p Craftsmen P1mg Flynn Inc CRAFTSMEN PLUMBING HEATING & COOLING INC 27636 Ynez Road, Ste L-7 #338 Temecula, CA 92591 (951) 676-6838 License # 446736 RATES Description Standard Time/One Man With Truck and Tools 1 Foreman - Prevailing Wage 2 Heavy Equipment Operator - Prevailing Wage 3 Laborer - Prevailing Wage Description Equipment (Bare RentaiRates), 1 Backhoe 2 10 Wheel Dump '!ruck 551-676-6855 Date:. 13/17/2 10 To: Ci of Temecula Attn: . Bru e Fax: (95 ) 302-4169 Hourly Rates $35.00 $45.00 no r Rates $ ' 5.00 $,, $.00 $ 5.00 O rated Rates $5.00 $ 5.00 Markups 1 All Materials Purchased Will Include a 10% Markup Over Purcha 2 Any Equipment Rented by Craftsmen for the Sole Purpose of Bei Used On a City of Temecula Job Will Include a 10% Markup Over Rent: Rate. 3 All Calls Require a 1 Hour Minimum. Our Regular Business Hours are 8:00am to 5:OOpm Monday through day. Our General Liability and auto insurance certificates are currently on e With Your Company, 4 p•2 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND DEL RIO ENTERPRICE, INC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Del Rio Enterprise, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $75,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $100,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional routine maintenance service for a total Agreement amount of Two Hundred Seventy Five Thousand Dollars ($275,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Del Rio Enterprise, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Mike Mullins, President ATTEST: By: By: Susan W. Jones, MMC, City Janice Mullins, Treasurer Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Del Rio Enterprise, Inc. Contact Person: Mike Mullins 26517 State Hwy 74 Perris, CA 92570 Phone Number. (951) 676-4550 3 PM Initials: p Date: f/ D ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. ENTERPRISE 42181 Avenida Alvarado, Temecula CA 92590-3429 • (951) 676-4550 • FAX (951) 676-2136 TIME & EQUIPMENT RATES As of April 01, 2010 Title Hourly Overtime Double time Night Time Operator 67.00 100.50 134.00 159.00 Labor 55.00 82.50 110.00 135.00 Foreman 67.00 100.50 134.00 159.00 J.D. Skip loader 4X4 w/ Gannon 115.00 172.50 230.00 255.00 J.D. Skip loader w/ spreader bar 120.00 180.00 240.00 265.00 Cat 426 Backhoe 115.00 172.50 230.00 255.00 18" compactor wheel 25,00 37.50 50.00 75.00 Field Laser per day 55.00 82.50 110.00 135.00 Cat 246 Skid Steer w/ bucket 110.00 165.00 220.00 245.00 Cat 246 Skid Steer w/ breaker 110.00 165.00 220.00 245.00 Cat 246 Skid Steer w/ sweeper 110.00 165,00 220.00 245.00 980 Loader w/ teeth 145.00 217.50 290.00 315.00 Rock Bucket 15.00 22.50 30.00 55.00 Smooth edge attachment for 980 15.00 22.50 30.00 55.00 Cat 613 Scraper 135.00 202.50 270.00 295.00 Low Bed 115.00 172,50 230.00 255.00 10 Wheel dump truck 10 CY 95.00 142.50 190.00 215.00 Bobtail dump truck 6 CY 85.00 127.50 170.00 195.00 2,500 gal. Water Truck 85.00 127.50 170.00 195.00 Wacker daily 65.00 97.50 130.00 155.00 Vibraplate daily 65.00 97.50 130.00 155.00 Demo saw daily 80.00 120.00 160.00 185.00 Saw & Truck 150.00 225.00 300.00 325.00 3/5 Ton Roller 115.00 172.50 230.00 255.00 Ford LN 7,000 20' flatbed 85.00 127.50 170.00 195.00 Tool Truck 95.00 142.50 190.00 215.00 Form Truck 155.00 232.50 310.00 335.00 Dump Trailer 35.00 52.50 70.00 95.00 2050 Mustang Skid Stcer 115.00 172.50 230.00 255.00 U35 Zero Tail Kubota Excavator 120.00 180.00 240.00 265.00 All time & materials are to be killed at invoice price plus 20% overhead and profit. 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MOORE FENCE COMPANY, INC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Moore Fence Company, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $50,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $100,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional routine maintenance service for a total Agreement amount of Two Hundred Fifty Thousand Dollars ($250,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Moore Fence Company, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Gary A. Thompson, President ATTEST: By: By: Susan W. Jones, MMC, City Robert Marshall, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Moore Fence Company, Inc. Contact Person: Scott Moore P.O. Box 1297 Perris, CA 92570 Phone Number. (888) 718-9777 3 PM Initials: D Date: �j ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE MOORE FENCE CO., INC. P.O. BOX 1297 PERRIS, CALIFORNIA 92570 1-888-718.9777 FAX (951) 940-0429 March 3, 2009 City of Temecula Community Services Department 43200 Business Park Drive Temecula, CA 92590 Labor $ 80.00 per hour per man at prevailing wage rate After hours or weekends $ 121.00 per hour per man Holiday hours $ 160.52 per hour per man Materials 15% end mark up on material over our vendor's wholesale price, plus tax. (NOTE: We buy in bulk on most items therefore ourprices on material should be very good.) Eanlnment No charge for standard crew equipment. (Ex. Truck, hand tools, power digger, welder.) 10% end mark up on specialty equipment. (Ex. Bobcat, scaffold, trencher, core drill.) We can provide just about any type of fencing that you need excluding masonry block wall. We do all grades and types of vinyl, ornamental iron, wood, chain link, wire, windscreen, cal -trans, custom fence work and temporary fencing. We install and repair gate operator and entry systems. Emergency repair work is no problem. If you have any questions please call. Scott Moore Branch Manager Cell: 951-712-2721 Office: 951-657-3005 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND STRONG'S PAINTING FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Gary Strong, d/b/a Strong's Painting (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $75,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $50,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional routine maintenance service for a total Agreement amount of Two Hundred Twenty Five Thousand Dollars ($225,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Gary Strong, d/b/a Strong's Painting DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Gary Strong, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Gary Strong, d/b/s Strong's Painting Contact Person: Gary Strong 31265 Saddleback Lane Menifee, CA 92584 Phone Number. (951) 679-4554 3 PM Initials: /� (I Date: (/ I/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. Feb 19 10 05:22p Gary Sang 951-679-4554 31265 Saddleback Lane Phone:(951) 679-4554 Menifee, Ca. 92584 Fax (951) 679-4554 February 19,2010 City of Temecula P.Q. Box 9033 Temecula, Ca. 92589-9033 Attn: Community Services Department Jerzy Kanigowski Re: Time and Material Sheet Strong's Painting has been in business for over 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper removal and hanging and light maintenance work. Strong's Painting is a partnership with no employees, therefore is not required to cavy workknans comp. We currently carry a 51,000.000,00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: 555.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WITCHER ELECTRIC FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Terry Witcher, d/b/a Witcher Electric (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $75,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $75,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional routine maintenance service for a total Agreement amount of Two Hundred Fifty Thousand Dollars ($250,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Terry Witcher, d/b/a Witcher Electric DISTRICT (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: Jeff Comerchero, TCSD President Terry Witcher, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Terry Witcher, d/b/s Witcher Electric Contact Person: Terry Witcher 40405 Avenida Trebolo Temecula, CA 92592 Phone Number. (951) 303-0855 3 PM Initials: g Date: f/ ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. WITCHER ELECTRIC Terry Witcher Residential - Commercial LIC.853628 40405 Avenida Trebolo Temecula, Calif 92592 TO; CITY OF TEMECULA CITY COMMUNITY SERVICES DEPARTMENT 43200 BUSINESS PARK DRIVE TEMECULA, CALIF. ATTENTION; JERZY OUR HOURLY RATE 15; $70.00 PER HOUR TIME AND 15; 105.00 PER HOUR INSURANCE COMPANY: ACORD GENERAL LIABILITY #MCT07912822565 SERVICE TRUCK LIABILITY # BA7812822585 BUSINESS PHONE # 951-303-0855 TERRY CELL # 951-203-8750 CELL 15 BEST WAY TO REACH TERRY IMMEDIATELY THANK YOU WITCHER ELECTRIC - 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND T.G. GROGAN CONSTRUCTION, INC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and T.D. Grogan Construction, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $50,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $35,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $50,000 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 Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Fifty Thousand Dollars ($50,000) for additional routine maintenance service for a total Agreement amount of One Hundred Thirty Five Thousand Dollars ($135,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES T.D. Grogan Construction, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Paul Vandenberg, President ATTEST: By: By: Susan W. Jones, MMC, City Jack Striegel, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR T.D. Grogan Construction, Inc. Contact Person: Jack Striegel 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 Phone Number. (909) 476-9100 3 PM Initials: Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. T.D. GROGAN CONSTRUCTION 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 California License Number 809823 Phone 909-476-9100 Fax 909-476-9103 Jerzy Kanigowski, Facility Services Manager City of Temecula Date: April 23, 2010 T.T., Grogan Construction is an expert playground, shade structure, picnic pavilion, pour in place rubber surfacing, and site famishing installation company. We have been in business for nine years and we bring fifteen years of installation experience to the table. Along with the installation and repair of playground equipment and rubber surfacing, we also install concrete curbing, small amounts of concrete flatwork, and all types of containment for loose fill fall protection material, without having to sub -contract. We are a total turnkey operation able to take care of all your playground needs from start to finish. Including: excavation, disposal of spoils, containment, installation of fall protection material, and clean up. Our rates are as follows: Regular man hour- $68.75 Overtime man hour- $81.25 Mark up on parts and material- 10% Any question can be directed to; Jack Striegel V.P. 949-702-3304 Z0/Z0 39Vd 1m.LSNoo Ntl90a9 IIl E0T69L0606 Z9:ZT 0T0Z/EZ/00 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND POWER DISTRIBUTORS, INC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Power Distributors, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $75,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $35,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $50,000 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 Ag ree me nt. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Fifty Thousand Dollars ($50,000) for additional routine maintenance service for a total Agreement amount of One Hundred Sixty Thousand Dollars ($160,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Power Distributors, Inc. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President John LeFave, President ATTEST: By: By: Susan W. Jones, MMC, City Barry A. LeFave, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Power Distributors, Inc. Contact Person: Barry A. LeFave 15245 E. Proctor Ave. City of Industry, CA 91745 Phone Number. 626) 855-2580 3 PM Initials: Date: fj ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. April 22, 2010 LABOR RATES Interior Lighting/Service Tech. $45.00/Hour Ladder Truck up to 50' $60.00/Hour Crane up to 65' $80.00/Hour Crane up to 90' * $90.00/Hour Electrician $60.00/Hour Fuel Charge $10.00/Trip • * Any lighting above the 90 -foot level including reach, price will be negotiated at that time. • All holiday, weekend, and overtime is hourly times 1.5. • All travel is charged as hourly, including overtime. M1500 Z $110.82/1amp Any additional material will be charge at cost plus 20%. R:1lntroLetteisSent\City of Temecula Labor rates 2010 .(10c 4 SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MUSCO SPORTS LIGHTING. LLC. FOR ROUTINE MAINTENANCE SERVICE THIS SECOND AMENDMENT is made and entered into as of May 22, 2012 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Musco Sports Lighting, LLC. a Limited Liability Company (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 22, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Service", in the amount of $75,000. b. On June 14, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Service," to add scope of work, extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $35,000. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $50,000 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 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Fifty Thousand Dollars ($50,000) for additional routine maintenance service for a total Agreement amount of One Hundred Sixty Thousand Dollars ($160,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, 1 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: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES MuscoSports Lighting, LLC. DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Jim Hansen, Corporate Council ATTEST: By: By: Susan W. Jones, MMC, City Doug Yates, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR MuscoSports Lighting, LLC. Contact Person: Troy Shilling 100 15t Ave. West Oskaloosa, IA 52577 Phone Number. (800) 825-6020 3 PM Initials: B Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. Jerzy Kanigowski From: Troy Shilling [troy.shilling@musco,com] Sent: Thursday, May 20, 2010 8:00 AM To: Jerzy Kanigowski Subject: Relamp per lamp price Jerzy, Based on relamp pricing this year with tax included. Your cost would be $125.00 per fixture to relamp. But we do have a $2,400 minimum. This includes lamps, labor, lift and old lamp disposal. Thanks Troy 5/20 1 4 Item No. 20 Approvals City Attorney Director of Finance City Manager Arid TEMECULACOMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Director of Community Services DATE: May 22, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for the Margarita Road Right -of -Way Enhancements, PW 10-04 PREPARED BY: RECOMMENDATION: Greg Butler, Director of Public Works/City Engineer David McBride, Senior Engineer Bill McAteer, Construction Manager 1. Accept the construction of the Margarita Road Right -of -Way Enhancements, PW10- 04, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the final contract amount; 3. Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On July 26, 2011 the Board of Directors awarded a construction contract to KASA Construction, Inc. in the amount of $218,880 to complete Margarita Road Right -of - Way Enhancements, PW 10-04. The Margarita Road Right -of -Way Enhancements, PW 10-04 installed new slope protection, fencing, trees, landscaping and irrigation in the public right of way areas behind the sidewalk along the east side of Margarita Road from Ramsey Court to Avenida Ci ma Del Sol. The contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted fora period of one year from November 18, 2011, the date the City obtained "beneficial use" of the project improvements. The retention for this project has been released pursuant to the provisions of the Public Contract Code Section 7107. FISCAL IMPACT: The Margarita Road Right -of -Way Enhancement Project is included in the City's Fiscal Year 2012-16 Capital Improvement Program (CIP) budget and is funded with Capital Project Reserves and Reimbursement/Other (TCSD). The base contract amount was $218,880, contract change orders totaled $11,420, which results in a total project cost of $230,300. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractors Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to KASA Construction Inc., 316 N. Corona Ave., Ontario, CA, 91764 to perform the following work of improvement: Margarita Road Right -of -Way Enhancements Project Number PW10-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the Community Service District Board of Directors of the City of Temecula at a regular meeting thereof held on May 22, 2012. That upon said contract the Aegis Security Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Margarita Road Right -of -Way Enhancements Project Number PW10-04 6. The location of said property is: along the east side of Margarita Road from Ramsey Court to Avenida Cima Del Sol, Temecula, California. Dated at Temecula, California, this 22nd day of May 2012. City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA } ) ss I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of Mav 2012. City of Temecula Susan W. Jones MMC, City Clerk Bond No. CTR -3001714-M CITY OF TEMECULA, PUBUC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT PROJECT NO. PWf O-04 KNOW ALL PERSONS BY THESE PRESENT THAT: Kasa Construction, Inc., 316 N. Corona Avenue, Ontario, CA 91764 NAME AND ADDRESS CONTRACTOR'S 8 Corporation {fill in whether a Corporation. Partnership or individh O , hereinafter called Principal, and Aegis Security Insurance Company, P.O. Box 350, Hartland, WI 53029 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, In the penal sum of Twenty -Three Thousand Twenty -Nine DOLLARS end Ninety-\inr CENTS (5 23.029.99 ) In lawful money of the United States, said sum being not less titian ten (1O%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered Into a certain Contract with the OWNER, dated the day of , 2011. a copy of which la hereto attached and made a part hereof for the construction of MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT, PROJECT NO. PWtO-04. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on sald job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on . 2011. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the tem -is of said Contract shall disclose poor workmanship In the execution of said work, and the carrying out d the terms of said Contract, or it shall appear that defective materials were fumished thereunder, then this obligation shag remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE eO t M-1 PW 1604 Bid DOM As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in sucoessfulty enforcing this obligation, all to be taxed es costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the worst, or to the Specifications. Signed and sealed this 1(,Ih day of \I" (Seal) SURETY Aegis Security Insurance Company By; \iatthca R. Dobvns (Name) \t1ornev-ht-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney 2012, PRINCIPAL K:.a onstruction, Inc. BY G (Title) 8y - Name) (Name) (Title) Attach Nolerlal Acknowledgement or Jurat for both the Surety and Prltclpal Signatures 14 UTE tA» E BOND �t vw 10.04 Be Dom Power Certificate No. CA 106 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: RANDY SPOHN AND MATTHEW R. DOBYNS its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 25`h day of January, 2012. AEGIS SECURITY INSURANCE COMPANY BY: DARLEEN J. FRITZ President Commonwealth of Pennsylvania } } s.s.: Harrisburg County of Dauphin } On this 256 day of January, 2012, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. (14,6_ keCial REBECCA LIDDICK Notary Public My Commission Expires July 25, 2013 I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 16thday of April , 2012 . DEBORAH A. GOOD Secretary THIS POWER NULL AND VOID IF NUMBER IS NOT IN RED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Coun On of ORANGE S\i/00) personally appeared before me, ERIKA GUIDO, NOTARY PUBLIC, MATTHEW R. DOBYNS ERIKA GUIDO COMM. # 1843731 NOTARY PUBLIC CALIFORNIA O ORANGE COUNTY ro My comm. expires May 5, 2013 A I who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/their authorized capacity (+es), and that by his/hcr/thei-r signature(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / nature o Not. ry OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) _ El ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR J OTHER: LIMITED SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 �:4`r'�:SLS.:4^.rY,Gv'1,'SCE:C•E',S,(`��C;eYr,C:t:�,1`,rti<'�CSi Fi`.4.'r�er, t.!4,:4Y.':kz��4: 1r`_i�Sr'C:+S:'�-tt�i:*�:%S:ui`Lie:::Sk:.�1r�:,,',,,'1'.::::vK4''�.'1?,'�.e�:.:�zti:�:'. State of California County of San Bernardino On 4/19/2012 '_:ate personally appeared before me, Hector Zavala, Notary Public Sam Kasbar Ite.rn :n,eit N21'11P FInr Tarn al ih - Of!rr Nunelsl of Sigrtens: HECTOR ZAVALA Commission # 1868453 Notary Public - California Los Angeles County My Comm. Expires Oct 28, 2013 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha . • n. 11411 IP .fir. Signature OPTIONAL official seal. Signature o' 'Mary PutAtc Though the informatrcn below is not required by Jaw, it may prove val able to persons relying on the document and could prevent fraudulent removal and reattachment this form to another document. Description of Attached Document Title or Type of Document Document Date. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ___ Individual Corporate Officer — Title(s). Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Tap ;it It'.rnb ft r<' Number of Pages: Signer's Name: individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other* Signer Is Representing: RIGHT THUMBPRINT OF SIGNER t.,0 or thor ih hOrii -�'�-C`i�;G.�Z.•,%iJGC.`? 4c=<x-�F?G2,`Z:`�Z�'i�fi„K�%<.Q�G3K1fC:`,[�.Kai:'�a:u'.�-%CR:'C>i�.'�:2TG('tit'�'('.'l,:f�C:�taV-X ��tZ%.."r'<.��Z K32007 Naunrax \eery Assoc:awn • 93,40 De Sulu Ave.. PO Box 2402 •Chatxvc•th. CA 91313-2,502 • vn:w.Ni0i,nalN ary.oty Iters *5907 Reorder: Call Toil -Free r-800.875-6827 CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT PROJECT NO. PW10-04 RE''F,R APR 1 CITY ciit PUBLIC WoiP'. 4VE D 6 2012 This is to certify that iVICIn COOS -h14101 7C, (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT, PROJECT NO. PW10-04, situated in the City of Temecula, State of California, more particularly described as follows: Thr C Ci\e-. R\ gteAhfi-0Y-skied 1✓n\ 19C(l- ��--" SERT ADDRESS OR DE CRIBE LOCATION O ORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute n Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: Lippia CONiACTOr ( By: n Signatu e m D5W, U. P Print Name and Title RELEASE R -1 PW 10-04 Bd Docs VT Item No. 21 City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: May 22, 2012 SUBJECT: User Fees proposed for City Facility (formerly YMCA) PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE SCHEDULE OF FEES FOR THE RECREATIONAL CITY FACILITY LOCATED AT MARGARITA COMMUNITY PARK (FORMERLY YMCA) BACKGROUND: The formerly operated YMCA facility is located in Margarita Community Park and is a 14,832 square foot facility with attached 25 -yard pool and deck area. This facility also includes locker rooms, complete fitness center, dance/exercise room daycare room and office space. With the addition of this facility, Community Services will provide additional classes for active adults (55+) and families in a location that is in the central part of the City within walking distance for many area residents. This facility will provide many services that were being provided by the YMCA, as well as, expanded classes and services. It is envisioned that the facility will offer a variety of recreational opportunities including a fitness membership similar to the YMCA's current program, dance classes, personal training, self-defense, outdoor exercise classes, various swimming classes, aquatic therapy, swim lessons and a number of other recreation classes. Some of the fitness equipment at this new City facility will be moved to the Community Recreation Center for use by members as an additional benefit of membership and to help promote the new facility. Revenue for the classes will vary and will be determined by the contract instructors and Community Services. Community Services will keep 30% of the revenue generated by classes. Examples of the proposed classes and associated revenues are provided in Exhibit A. Revenue for aquatics classes will be established for this facility and are listed on Exhibit B. Membership revenue will remain with the City of Temecula to fund the programs in this facility. The attached proposed rate schedule (Membership) is shown on Exhibit C. Staff is recommending that the City Manager, or his designee, be authorized to modify adopted fees for this facility in order to provide adequate revenue -recovery for services provided. In addition, the forecasted revenue and expense estimates are shown on Exhibit D as well as a proposed draft of operating budget detail for fiscal year 2012-13. FISCAL IMPACT: For Fiscal Year 2012-2013, this recreational facility is projected to bring in $439,178 in membership and contract class revenue and have an operational cost of $594,915. The remaining difference of $155,737 is budgeted for in the Community Services Budget for FY 2012-2013. Based on forecasted revenues/expenditures, it is estimated that initially in the first year of operation, this facility can achieve a 73% cost recovery. ATTACHMENTS: 1. Resolution No._ 2. Proposed Membership Rate Schedule 3. Proposed Contract Classes 4. Aquatics Proposed Rate Schedule 5. Revenue and Expense 6. Draft Operating Budget FY 2012-13 RESOLUTION NO. CSD 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE SCHEDULE OF FEES FOR THE RECREATIONAL CITY FACILITY LOCATED AT MARGARITA PARK (FORMERLY YMCA) THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This resolution is adopted in recognition of the following facts and circumstances: A. The Temecula Community Services District desires to provide recreational opportunities at the former YMCA facility located in Margarita Community Park on Margarita Road. The intended use of this recreation center is to provide a location for: 1. Fitness memberships 2. Contract Classes 3. Aquatics Classes B. It is necessary to establish fees that will defray costs associated with providing the required staffing, utility costs, maintenance and other expenses for recreational services at the former YMCA. Section 2. For the recreation center located in Margarita Park, the Proposed Aquatics Rate Schedule attached hereto as Exhibit "B" and Proposed Membership Rate Schedule attached hereto as Exhibit "C" are hereby adopted. Section 3. The Board of Directors of the Temecula Community Services District authorizes the City Manager or designee to modify rate schedules adopted for this facility by 15%, as needed, in order to provide adequate revenue -recovery for services provided at this location. Section 4. The City Clerk shall certify to the passage and adoption of the Resolution with fee schedule effective July 1, 2012. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 22 day of May, 2012. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 12- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22 day of May, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary EXHIBIT A Proposed Contract Classes * Rates for Contract Classes are not included in this Fee Resolution. Each contract is negotiated with the instructor with 70% going to the instructor after the class has been completed. * Silver Sneakers; Silver and Fit and Arthritis Foundation Classes taught by certified staff. Contract Class Class Name Fee: Type: Totals: 1 Water Aerobics Classes $ 5.00 Participant $300 mo. $ 3,600.00 2 Arthritis Foundation Classes $ - Participant 0 $ - 3 Water Aerobics (Pre -Natal) $ 5.00 Participant $300 mo. $ 3,600.00 4 Water Walking $ 5.00 Participant $200 mo. $ 2,400.00 5 Karate $ 65.00 Participant 960 $ 62,400.00 6 Senior Fitness $ 20.00 Participant 120 $ 2,400.00 7 Silver Sneakers $ 3.00 Per Class 0 $ - 8 Basic Yoga $ 24.00 Participant 120 $ 2,880.00 9 Fitness Yoga $ 24.00 Participant 120 $ 2,880.00 10 Core Conditioning $ 8.00 Participant 150 $ 1,200.00 11 Personal Training $ 50.00 Participant 500 $ 25 000.00 12 Zumba $ 30.00 Participant 480 $ 14,400.00 13 Spinning Classes $ 25.00 Participant 200 $ 5,000.00 14 Hawaiian Tahitian Dance $ 40.00 Participant 420 $ 16,800.00 15 Ballet Beginner -Advance $ 35.00 Participant 150 $ 5,250.00 16 Adult Ballroom (Tango/Salsa) $ 30.00 Participant 150 $ 4,500.00 17 Irish Dance $ 25.00 Participant 120 $ 3,000.00 18 Boot Camp $ 25.00 Participant 120 $ 3,000.00 19 Tennis $ 25.00 Participant 60 $ 1,500.00 20 Pickleball $ 40.00 Participant 30 $ 1,200.00 21 Dog Training $ 125.00 Participant 50 $ 6,250.00 22 Summer Dance Programs $ 100.00 Participant 75 $ 7,500.00 * Silver Sneakers accounted for in Memberships Totals: $ 174,760.00 Classes Taught by Staff Arthritis Foundation $ 3.00 Participant 156 $ 468.00 Silver Sneakers $ 3.00 Participant 156 $ 468.00 Totals: $ 936.00 * Rates for Contract Classes are not included in this Fee Resolution. Each contract is negotiated with the instructor with 70% going to the instructor after the class has been completed. * Silver Sneakers; Silver and Fit and Arthritis Foundation Classes taught by certified staff. Exhibit B Proposed Aquatic Classes Aquatics 1 Swim Lesson - Resident $ 45.00 Participant 780 $ 35,100.00 2 Swim Team Practice $ 300.00 Per Month 12 $ 3,600.00 3 Masters Swim and Lap Swim $ 30.00 Per Month 145 $ 4,350.00 4 Special Needs Swim Lessons $ 45.00 Participant 120 $ 5,400.00 5 Special Needs Movement Class $ 10.00 Participant 150 $ 1,500.00 6 Pool Rentals $ 100.00 Per Hour 120 $ 12,000.00 7 Private Lessons $ 125.00 Participant 70 $ 8,750.00 TOTAL $ 70,700.00 Membership Pricing Exhibit C Proposed Membership Rate Schedule Monthly Annual Single Membership Fee $ Dual Membership (2 adults) $ Senior Membership Fee (55+) $ Dual Senior Membership (2 adults) $ Non -Resident per member $ Family Add-on Fees (at the same address) 20.00 $ 28.33 $ 16.67 $ 32.50 $ 10.00 $ 240.00 340.00 200.00 390.00 120.00 Monthly Annual Children (3 months to 12 years) $ Teen (13 to 17) $ Adult (18 to 54) $ Senior (55+) $ NOTE: Ages 13 - 15 use of exercise equipment with adult supervision Ages 16 - 17 use of exercise equipment with guardian consent 5.00 $ 10.00 $ 15.00 $ 5.00 $ Drop In Fees Daily 60.00 120.00 180.00 60.00 Gym Use at YMCA $ Lap Swim $ Kid Zone Babysitting - 2 hour max while using gym or pool $ Kid Zone - After 2 hours maximum $ Membership Benefits 5.00 per visit 5.00 per visit 5.00 per child -2 hr max 20.00 per hour or fraction of Unlimited use of Exercise Equipment Unlimited Lap Swim Kid Zone - Babysitting Saturday Night Out Program (1 per month) Member Only Special Events Priority Use of tennis courts at Margarita Park $5.00 discount for classes held at this facility Use of gym equipment moved to CRC Estimated Membership and Drop in Revenue $ 192,782.00 Membership Rates can be adjusted by the City Manager or designee up to 15% from rates stated above. EXHIBIT D Forecasted Revenue and Expenses FY 2012-2013 Revenue Membership $ 192,782.00 Contract Classes $ 174,760.00 Classes/Activities $ 936.00 Aquatics $ 70,700.00 Total Revenue $ 439,178.00 Expenses Facility $ 110,800.00 Operations $ 152,332.00 Staffing $ 331,783.00 Total Expenses $ 594,915.00 Subsidy $ (155,737.00) TfIG F'T ECULA k c. 1989 "0i,I) TRADrriIONS, Nliw OPpoc tnNrrlts" FY2O 12-1 3 DEPARTMENT REQUESTED LINE -ITEM OPERATING BUDGET FY 11-12 FY 12-13 FY 10-11 Adjusted Requested Increase/ Actuals Budget Budget (Decease) 0/0 Inc/(Dec) TEMECULA COMMUNITY SERVICES DISTRICT 190 TCSD FAC1LI YYMCA 195 MAINTENANCE 164 164 5212 REPAIR & MAINTENANCE FACILITY 15,000.00 15,000.00 FY2012-13 1 Fadllty 10,000.00 2 Pool 5,000.00 164 5215 REPAIR & MAINTENANCE - EQUIPME 2,500.00 2,500.00 164 5218 MAINTENANCE SUPPLIES 5,000.00 5,000.00 164 5238 RENT EQUIPMENT 0.00 0.00 164 5240 UTILITIES 42,000.00 42,000.00 FY2012-13 1 Electricity 20,000.00 2 Gas 15,000.00 3 Water 7,000.00 164 5242 SMALL TOOLS/EQUIPMENT 1,000.00 1,000.00 164 5248 CONSULTING SERVICES 0.00 0.00 164 5250 OTHER OUTSIDE SERVICES 43,300.00 43,300.00 FY2012-13 1 HVAC Preventative 1,200.00 Maintenance 2 Alarm Monitoring 1,200.00 3 Pest Control 500.00 4 Floor/Towel/Mat Service 800.00 5 Bottled Water 500.00 6 Roof System Preventative Maint 1,100.00 7 Custodial Contract 20,000.00 8 Annual Pool Heater Maint 2,000.00 9 Pool Health Permit 500.00 10 Pool Chemicals 8,000.00 11 Pool Se vice 7,000.00 12 Medical Box Service 500.00 OPERATIONS AND MAINTENANCE Total 108,800.00 108,800.00 164 5415 LANDSCAPE MAINTENANCE 2,000.00 2,000.00 164 5416 REHABILITATION 0.00 0.00 OPERATIONS AND MAINTENANCE Total Project Total PROJECT 999 999 5100 SALARIES & WAGES 2 000.00 2,000.00 110,800.00 110,800.00 94,435.00 94,435.00 0.00% 0,00% 0.00% THE 11 ECULA INC.1989 °OLD TRnuI UoNs,. Nrw OIPoRIONM s" FY2012-1 3 DEPARTMENT REQUESTED LINE -ITEM OPERATING BUDGET FY 11-12 FY 12-13 FY 10-11 Adjusted Requested Increase/ Actuals Budget Budget (Decrease) % Inc/(Dec) TEMECULA COMMUNITY SERVICES DISTRICT 190 TCSD FACILITY YMCA 195 999 5101 DEFERRED COMPENSATIO 0.00 0.00 999 5102 P.E.R.S. RETIREMENT 28,216.00 28,216.00 999 5103 CAL CASH OUT 3,028.00 3,028.00 999 5104 MEDICARE 1,413.00 1,413.00 999 5105 BENEFITS FLEX 0.00 0.00 999 5106 AUTO ALLOWANCE 0.00 0.00 999 5108 LIFE INSURANCE 2.00 2.00 999 5109 UNEMPLOYMENT TRAININ 861.00 861.00 999 5110 DISABILITY INSURANCE 0.00 0.00 999 5112 WORKERS' COMP 1,540.00 1,540.00 999 5113 HEALTH INSURANCE 23,124.00 23,124.00 999 5115 MEDICAL REIMBURSMENT 0.00 0.00 999 5116 VISION INSURANCE 0.00 0.00 999 5117 CHILD CARE REIMBURSEM 0.00 0.00 999 5119 PART-TIME (PROJECT) 175,344.00 175,344.00 999 5121 OVERTIME WAGES 3,000.00 3,000.00 999 5180 WELLNESS PLAN 820.00 820.00 999 5190 LIFE & ACCIDENT INSURA 0.00 0.00 SALARY AND BENEFITS Total 331,783.00 331,783.00 0.00% 999 5218 MAINTENANCE SUPPLIES 999 5220 OFFICE SUPPLIES 2,000.00 2,000.00 999 5222 PRINTING 2,000.00 2,000.00 999 5238 RENT EQUIPMENT 999 5240 UTILITIES 999 5242 SMALL TOOLS/EQUIPMENT 5,000.00 5,000.00 999 5243 UNIFORMS 2,000.00 2,000.00 999 5254 ADVERTISING 5,000.00 5,000.00 999 5261 STAFF TRAININGJEDUCATI 3,000.00 3,000.00 999 5262 MILEAGE 1,000.00 1,000.00 OPERATIONS AND MAINTENANCE Total 20,000.00 20,000,00 0.00% THE IT ECULA INC. 1989 "Ot.t 'NAulrloNs, N OPpORUUNrrlk.S" FY2O 12.13 DEPARTMENT REQUESTED LINE -ITEM OPERATING BUDGET FY 11-12 FY 12-13 FY 10-11 Adjusted Requested Increase/ Aiab Budget Budget (Decrease) % Inc/(Dec) TEMECULA COMMUNITY SERVICES DISTRICT 190 TCSD FACILITY YMCA 195 999 5301 RECREATION SUPPLIES 999 5330 CONTRACTED CLASSES FYZ012-13 1 70% Payment for Contract Classes 999 5370 SPECIAL EVENTS 125,692.00 INTERNAL SERVICE ALLOCATION Total Project Total TCSD FACILITY YMCA Total 8,000.00 8,000.00 125,692.00 125,692.00 2,000.00 2,000.00 135,692.00 135,692.00 0.00% 487,475.00 487,475.00 0.00% 598,275.00 598,275.00 0.00% 'TEMECULA COMMUNITY SERVICES DISTRICT Total 11,281,176.13 12,454,040.99 8,318,766.00 -4,135,274.99 -33.20 % TCSD DEPARTMENTAL REPORT Item No. 22 Approvals City Attorney Director of Finance City Manager AfrAl TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Executive Director of Community Services DATE: May 22, 2012 SUBJECT: Community Services Department Monthly Report PREPARED BY: Gail Zig ler, Administrative Assistant RECOMMENDATION: Receive and file. BACKGROUND: The following provides an overview of the Community Services Department's programs, activities and events: The Community Recreation Center on Rancho Vista Road is currently under renovation. The project is on schedule and it is anticipated the center will reopen by the end of May. The Recreation Division held the Annual Community Services Department Expo on Saturday, May 12th. Residents were allowed to pre -register for the classes and activities in the Summer/Fall Guide to Leisure Activity. The department took in approximately $120,000 in registration fees at the event. Western Days & the Annual Chili Cook -Off was held in Old Town on Saturday, May 19, 2012. This annual two day event draws approximately 25 Chili Cook -Off contestants and over 7,000 event attendees. The Community Services Department 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 Community Services Department Cultural Arts Division was host to a Cinco de Mayo Festival on Saturday, May 5, 2012 at the Temecula Duck Pond. The event featured authentic mariachis, ballet folklorica dancers and the Susie Hansen Latin Band, street tacos, crafts and games in recognition of the Mexican Independence Day. The Cultural Arts Division held an artist reception at the Gallery at the Merc on May 4ib. Featured artist is Stan Azevedo, a nature photographer. Mr. Azevedo's work will be on display at the Gallery at the Merc and the Temecula Public Library through May 25th, followed by our annual High Hopes Art Show. On June 8, 2012 an artist reception will be held for students from art instructor Susan Gallo. The Brewer Boys will be performing in the Merc during the reception. The Temecula History Museum currently has on display an exhibit entitled "Wine Country — From the Missions to Modern Day" through June 17, 2012. The exhibit details the growing of grapes for winemaking which has been a part of the Temecula Valley's history since the days of the early Spanish missions. The Old Town Temecula Community Theater hosted a Mother's Day Ballet as part of the Temecula Presents 2012-2013. In addition there were numerous productions and performances held throughout the month of May. The Community Services Department is partnering with the County of Riverside Mobile Health Clinic, operated by Riverside County Regional Medical Center, to provide accessible health care in a non-traditional clinic setting to the residents of Riverside County. We are scheduled for this service on the third Monday of every month from 9am-4pm starting in April. The unit will be stationed at the Mary Phillips Senior Center. 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, non-complex 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, sports physicals 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 at no cost to the city or residents. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Item No. 23 ACTION MINUTES of April 24, 2012 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY The Successor Agency to the Temecula Redevelopment Agency convened at 8:20 P.M. CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA CONSENT CALENDAR 17 Action Minutes — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 17.1 Approve the action minutes of February 28, 2012. 18 Adoption of Conflict of Interest Code for the Successor Agency to the Temecula Redevelopment Agency — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES 19 Approval of Cooperative Agreement for advance and reimbursement of administrative, overhead, and other expenses by and between the City of Temecula and the Successor Agency to the Temecula Redevelopment Agency — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER EXPENSES BY AND BETWEEN THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND THE CITY OF TEMECULA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 20 Adopt a Recognized Obligation Payment Schedule for the period of July 1, 2012 through December 31, 2012 — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2012 THROUGH DECEMBER 31, 2012 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 21 Approval of Preliminary Administrative Budgets for the Successor Agency to the Temecula Redevelopment Agency pursuant to Health and Safety Code Section 34177 — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Comerchero; and voice vote reflected unanimous approval. RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 12-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING PRELIMINARY ADMINISTRATIVE BUDGETS PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 8:23 P.M., the Successor Agency to the Temecula Redevelopment Agency and the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 8, 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. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] Item No. 24 City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 22, 2012 SUBJECT: Financial Statements for the Seven Months Ended January 31, 2012 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Seven Months Ended January 31, 2012. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the seven months ended January 31, 2012. Please see the attached financial statements for an analytical review of financial activity. These financial statements for the seven months ended January 31, 2012 are the final interim statements to be issued by the Temecula Redevelopment Agency. In June 2011, the Governor of California signed ABX1 26, which dissolved redevelopment agencies, including the Temecula Redevelopment Agency, effective February 1, 2012 and provided for the designation of successor agencies to oversee the completion of previously obligated redevelopment activities. As a result, all assets of the redevelopment agency were transferred to the successor agency on February 1, 2012 and the City Council began serving as the successor agency. The City's independent auditors will perform a final year end audit of the Temecula Redevelopment Agency as of the period ending January 31, 2012. This audit report is expected to be issued in summer 2012. The accompanying financial statements for the seven months ended January 31, 2012 include a reduction in the carrying value of Land held for Resale. This reduction was based on recently completed professional land appraisals and provided the City was current valuation data necessary to perform the analysis, which resulted in a downward valuation adjustment of approximately $2.2 million. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of January 31, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Seven Months Ended January 31, 2012. THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of January 31, 2012 and Statements of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Seven Months Ended January 31, 2012 (Unaudited) Prepared by the Finance Department SARDA COMBINING BALANCE SHEET As of January 31, 2012 Affordable Capital Project Housing Fund Fund ASSETS: Debt Service TOTAL Cash and Investments $ 24,284,341 $ 198,051 $ 2,748,079 $ 27,230,471 Receivables 18,280,067 917,110 29 19,197,206 Due from Other Fund 505,000 505,000 Advances to Other Funds- SERAF 5,250,954 - - 5,250,954 Land Held for Resale 4,400,388 98,484 4,498,872 TOTAL ASSETS $ 52,215,750 $ 1,718,645 $ 2,748,108 $ 56,682,503 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds-SERAF Advances from Other- City Other Current Liabilities Due to Other Fund Deferred Revenue TOTAL LIABILITIES $ $ 5,250,954 $ - $ 5,250,954 - - 1,270,684 1,270,684 4,125,568 161,949 24,825 4,312,342 - - 505,000 505,000 17,931,776 917,109 - 18,848,885 22,057,344 6,330,012 1,800,509 30,187,865 FUND BALANCES: Nonspendable: Advances to other funds 5,250,954 - - 5,250,954 Inventory - - Land held for resale 4,400,388 98,484 - 4,498,872 Notes and loans 347,700 - 347,700 Prepaid cost - - - - Restricted for: Capital projects - - - - Community Development Projects 18,835,401 945,049 19,780,450 Debt Service - - - - Committed to: Contractual Obligation -Encumbrances 1,323,963 - 2,550 1,326,513 Assigned to: Capital Projects - - - - Unassigned (4,709,851) (4,709,851) TOTAL FUND BALANCES 30,158,406 (4,611,367) (1) 947,599 26,494,638 TOTAL LIABILITIES and FUND BALANCES $ 52,215,750 $ 1,718,645 $ 2,748,108 $ 56,682,503 NOTES: (1) The deficit Fund Balance in the RDA Capital Project Fund is due to the fiscal years 2009-10 and 2010-11 Supplemental Educational Revenue Augmentation Fund (SERAF) Obligations pursuant to state law AB4x26. Funds are being borrowed from the RDA Affordable Housing Fund to meet the required obligations. Please note that these balances are unaudited. SARDA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL HOUSING For the Seven Months Ended January 31, 2012 Annual Amended Budget REVENUES: Year -to -Date Encumbrances Total Activity Activity Property Tax Increment $ 3,858,200 $ 1,888,415 $ Investment Interest 142,954 29,955 Valuation Adjustment - Property (2,215,789) Loan Interest / Forgivable Loans 64,096 Monitoring Fees 10,032 Rental Income 155,000 Reimbursements 344,372 172,186 TOTAL REVENUES EXPENDITU RES: CAPITAL PROJECTS: Affordable Housing - Temecula Gardens Affordable Housing - Old Town Mixed Use -Summer House Affordable Housing Project Affordable Housing Project -Land Acquisition NW RDA Property Grading NPDES Compliance OPERATING EXPENDITURES: Salaries and Benefits Debt Service - Principal Debt Service - Interest First Time Home Buyer Program Residential Rehab Program General Fund Prepayment Operating and Administrative Expenditures TOTAL EXPENDITURES: Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of January 31, 2012 NOTES: (1) (2) (3) (4) (5) (6) (7) (8) (9) $ 1,888,415 29,955 (2,215,789) 64,096 172,186 of Budget 49% 21% 0% 0% 0% 0% 50% 4,510,558 (61,137) (61,137) -1% 305,000 305,000 1,080,262 9,543,852 6,842,790 6,443,590 1,859,666 65,000 726,768 418,039 250,000 250,000 2,018,156 959,362 750,000 400,000 3,858,200 740,974 294,522 305,000 100% 1,080,262 1,080,262 6,842,790 100% 72% 1,859,666 29% 418,039 250,000 959,362 243,701 538,223 0% 58% 100% 48% 0% 0% 0% 73% 26,181,802 10,929,379 1,323,963 12,253,342 47% (21,671,244) (10,990,516) 41,148,922 41,148,922 $ 19,477,678 $ 30,158,406 Property Tax increment is received in January and May of each fiscal year. The variance in Investment interest is due to lower interest rates than expected on pooled and trustee held cash and investments. The variance is due to a valuation adjustment to reduce property held for resale to net realizable value. The variance is due to residual receipts payment received in July 2011 from 28500 Pujol Streets Apartments. The annual rent and monitoring fees from Temecula Gardens was bill in April 2012. The variance is due to partial reimbursement received from US Treasurer for Debt Service payment. The annual Pledge Fund was paid to Affirmed Housing on July 15, 2011 for Temecula Gardens Apartments. The variance is due to encumbrances recorded for Summerhouse Project for the remaining of the fiscal year. AMCAL Pujol Apartments and Third Front Street projects were approved by the Agency on February 22, 2011. The developer is (1) (2) (3) (4) (5) (5) (6) (10) currently working to secure construction financing for the Third and Front Street project. The developer closed escrow on a portion of the property for the AMCAL Pujol Project and planned to close on the balance of the property by the end of this calendar year. (10) Debt Service principal and interest expenditures for Affordable Housing TABS represent payments made in August 2011. (11) Residential Rehab and First Time home Buyer programs are currently frozen due to legislation passed by the State of California. (12) The additional appropriation was approved by City Council on October 11, 2011 to participate in the Alternative Voluntary Redevelopment Program(AVRP) payment. SARDA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CIP For the Seven Months Ended January 31, 2012 Annual Amended Budget REVENUES: Year -to -Date Activity Encumbrances Total Activity % of Budget Investment Interest $ 5,500 $ 941 $ $ 941 17% (1) Transfers In 208,310 - - 0% (2) Rental Income & Misc. 45,660 2,950 - 2,950 6% (3) TOTAL REVENUES 259,470 3,891 - 3,891 1% EXPENDITURES: OPERATING EXPENDITURES: Consulting Services Other Outside Services Tenant Improvement-CSUSM Abbott OPA Old Town Building Facades TOTAL EXPENDITURES: Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of January 31, 2012 3,483 3,483 3,483 100% 107,843 20,903 86,943 107,846 100% (4) 288,584 101,624 101,624 35% (4) 159,400 159,032 159,032 100% (5) 20,000 20,000 20,000 100% (6) 579,310 203,418 (319,840) (199,527) (53,199) (53,198) (373,039) (252,725) (4,362,642) (4,362,642) $ (4,735,681) $ (4,615,367) (7) 188,567 391,985 68% NOTES: (1) The variance in Investment Interest is due to lower interest rates than expected on pooled and trustee held cash and investments. (2) The variance is due to the timing of the operating transfer in for this fund. (3) The variance is primarily due to CONVIS rents previously deposited to the RDA Fund have been appropriately deposited into the General Fund. (4) The variance is due to encumbrances that are recorded for CAL State San Marcos and consulting services for this fiscal year. (5) The payment to Abbott OPA was processed during this quarter. (6) The payment for the Facade Improvement Emporium Project was processed during this quarter. (7) The deficit Fund Balance in the RDA Capital Project Fund is due to the fiscal years 2009-10 and 2010-11 Supplemental Educational Revenue Augmentation Fund (SERAF) Obligations pursuant to state law AB4x26. Funds are being borrowed from the RDA Affordable Housing Fund to meet the required obligations. SARDA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEBT SERVICE For the Seven Months Ended January 31, 2012 REVENUES: Property Tax Increment Investment Interest TOTAL REVENUES OPERATING EXPENDITURES: Annual Year -to -Date % of Amended Activity Encumbrances Total Activity Budget Budget $ 15,432,800 $ 7,553,660 $ 1,900 3,397 - $ 7,553,660 49% (1) 3,397 179% 15,434,700 7,557,057 7,557,057 49% Trustee Admin Fees 13,150 7,550 2,500 10,050 76% Property Tax Admin Fees 189,709 189,709 189,709 100% (2) Pass-through Agreements 10,953,979 5,335,555 5,335,555 49% (1) Debt Service - Principal 1,085,000 1,085,000 1,085,000 100% (3) Debt Service - Interest 3,020,490 1,527,365 1,527,365 51% (3) TOTAL EXPENDITURES: 15,262,328 Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of July 1, 2011 Ending Fund Balance as of January 31, 2012 8,145,179 2,500 172,372 (588,122) (445,182) (54,976) (272,810) # (643,098) 1,590,697 1,590,697 $ 1,317,887 $ 947,599 8,147,679 53% NOTES: (1) Property Tax increment and Pass -Through Agreement obligations are received in January and May of each fiscal year. (2) Property Tax Admin Fees are recorded in January when the RDA tax increment is received. (3) Debt Service Principal and interest expenditures for RDA TAB's represent payments made during this fiscal year. The next principal and interest payments were paid in April 2012. SUCCESSOR AGENCY BUSINESS Item No. 25 City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Patrick Richardson, Director of Planning and Development DATE: May 22, 2012 SUBJECT: Third Amendment to the Farmers' Market License Agreement between the Successor Agency to the Temecula Redevelopment Agency and Farmers' Market Management, Inc. for use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT FOR USE OF THE PUBLIC PARKING LOT LOCATED AT THE NORTHWEST CORNER OF MERCEDES STREET AND SIXTH STREET BACKGROUND: In December 2002, the Redevelopment Agency of the City of Temecula entered into a License Agreement with Farmers' Market Management Inc. (the Cunningham's) for use of the public parking lot located at the northwest corner of Mercedes Street and Sixth Street. The Old Town Farmers' Market has grown tremendously over the past ten years, becoming a local favorite and a highlight to many visitors exploring the Temecula Valley. The purpose of the Old Town Farmers' Market is to: 1) create a positive image of Old Town 2) Expose the community/visitors to Old Town businesses, and 3) reinforce Old Town's status as the center of the community's social and civic activities. This Agreement was then amended in December 2004. The focus of the amendment was to provide a priority to Old Town Businesses who wish to participate in the market and to remove certain restrictions that would otherwise prohibit the non-agricultural types of Old Town Businesses from participating. The First Amended Agreement was set to expire in December 2007. In November 2007, the Redevelopment Agency of the City of Temecula entered into a Second Amended Agreement for the continued operation of the Certified Farmers' Market. The Second Amendment included updates to date/time of usage (length of time permitted onsite was shortened), added restrictions on non-agricultural (non -Old Town business) vendors, expanded definition of "handcrafted items" and additional requirements ensuring Old Town Businesses are allowed first priority when vendor space is available. The Second Amended Agreement is set to expire on December 31, 2012. As a result of the California Supreme Court's decision upholding the validity of ABX/ 26 in February 2012, all Redevelopment Agencies in the State of California, including the Redevelopment Agency of the City of Temecula, were dissolved and replaced by Successor Agencies. By law, the Successor Agency to the Temecula Redevelopment Agency is now the successor interest to all property, assets and obligations of the former Redevelopment Agency of the City of Temecula, including the former Temecula Redevelopment Agency's obligations under the Farmers' Market License Agreement. The purpose for the Third Amendment is to extend the expiration date of the Agreement from December 31, 2012 to April 1, 2013 in order to enable the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula time to complete the confirmation of title to the Sixth Street property. During this time, the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula also wish to complete a "Request for Proposal" (RFP) process in order to afford all interested/qualified parties to submit a proposal for managing the Farmers' Market. The RFP process brings structure to the procurement decision of hiring a qualified Farmers' Market Manager and is meant to allow the risks and benefits to be identified clearly up front. No other changes are proposed at this time. The Market will continue to be limited to the parking lot area. FISCAL IMPACT: Per the License Agreement, Cunningham would continue to provide a $400 per month license fee to the Agency (now Successor Agency). These funds will then be re -programed annually through the Agency's Operating Budget. ATTACHMENTS: 1. Resolution 2. License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for use of a portion of property at Sixth Street and Mercedes Street for a Farmers' Market dated December 11, 2002. 3. First Amendment to License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for use of a portion of property at Sixth Street and Mercedes Street for a Farmers' Market dated December 6, 2004. 4. Second Amendment to License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for use of a portion of property at Sixth Street and Mercedes Street for a Farmers Market dated November 6, 2007. 5. Third Amendment to license agreement between the Successor Agency to the Temecula Redevelopment Agency and Farmers' Market Management Inc. dated May 22, 2012 RESOLUTION NO. SARDA 12- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT FOR USE OF THE PUBLIC PARKING LOT LOCATED AT THE NORTHWEST CORNER OF MERCEDES STREET AND SIXTH STREET THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. On December 11, 2002 the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. ("Cunningham") entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market." B. On December 6, 2004, the Redevelopment Agency of the City of Temecula and Cunningham entered into that certain agreement entitled "First Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market" and on November 6, 2007, the parties entered into that certain agreement entitled "Second Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market." The original agreement of December 11, 2002, as amended by the First Amendment on December 6, 2004 and the Second Amendment on November 6, 2007 and the Third Amendment shall be referred to collectively in this Resolution as the "Agreement." C. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency") and had assumed jurisdiction over the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." D. ABX1 26 was signed by the Governor of California on June 29, 2011 as Chapter 5 of the Statues of 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. E. As a result of the California Supreme Court's decision upholding the validity of ABX1 26, on February 1, 2012, all redevelopment agencies in the State of California, including the Redevelopment Agency of the City of Temecula, 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 to the Temecula Redevelopment Agency of the City of Temecula upon its 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. By law, the Successor Agency is now the successor in interest to all property, assets and obligations of the former Redevelopment Agency of the City of Temecula, including the former Redevelopment Agency's obligations under the Agreement. I. The parties now desire to amend the Agreement to extend the expiration date of the Agreement from December 31, 2012 to April 1, 2013 in order to enable the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula time to complete the request for proposal process for the continued management of the Farmer's Market and to complete the confirmation of title to the Property. Section 2. Environmental Findings. In accordance with the California Environmental Quality Act, the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds and determines that the proposed Third Amendment to the Farmer's Market License Agreement to be categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and Section 15323, Class 23 (Normal Operations of Facilities for Public Gatherings) because the Third Amendment involves no expansion of the existing use. All of the terms of the existing Agreement concerning operations and size of the Farmer's Market will remain the same. The only change in the Third Amendment, apart from being in the name of the Successor Agency to the Temecula Redevelopment Agency, is the three month extension of the term from December 31, 2012 to April 1, 2013. Section 3. Approval of Third Amendment. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby approves that certain agreement entitled "Third Amendment to License Agreement between the Successor Agency to the Temecula Redevelopment Agency and Farmer's Market Management Company Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes for a Farmer's Market," ("Third Amendment") in substantial conformance with the form of such Third Amendment that is on file in the Office of the Successor Agency Secretary. The Chairperson of the Successor Agency is hereby authorized to execute the Third Amendment on behalf of the Successor Agency to the Temecula Redevelopment Agency. A copy of the final Third Amendment when executed by the Chairperson shall be placed on file in the Office of the Successor Agency Secretary. Section 4. Executive Director's Authority. The Executive Director of the Successor Agency to the Temecula Redevelopment Agency (or his designee), is hereby authorized, on behalf of the Successor Agency to the Temecula Redevelopment Agency, to take all actions necessary and appropriate to carry out and implement the Agreement, as amended, and to administer the Successor Agency's obligations, responsibilities and duties to be performed under the Agreement, as amendment. Section 5. Certification. The Secretary of the Successor Agency to the Temecula Redevelopment Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 22nd day of May, 2012. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 22nd day of May, 2012, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary LICENSE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND FARMER'S MARKET MANAGEMENT INC. FOR USE OF A PORTION OF AGENCY PROPERTY AT SIXTH STREET AND MERCEDES STREET FOR A FARMERS MARKET THIS LICENSE AGREEMENT is made and entered into by and between the Redevelopment Agency of the City of Temecula, a corporation ("Agency"), and Farmer's Market Management Inc, (Farmer's Market Management Inc, shall be known Cunningham") as of December 11, 2002. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. Agency is the owner of property at the northwest corner of Sixth Street and Mercedes Street which is currently used as a public parking lot. This property is legally described and depicted on Exhibit A., attached hereto and incorporated herein by this reference as though set forth in full ("Property"). b. The Agency and Cunningham desire to enter into this Agreement to provide the terms and conditions upon which Cunningham will operate a certified farmers market on the Property. c. As used in this Agreement, "Director" shall mean the Director of Housing and Redevelopment of the City of Temecula. 2. Grant of License. a. Agency hereby grants to Cunningham a license to use the Property on the terms and conditions and for the uses hereinafter specified in this Agreement. b. Except as specifically provided hereinafter to the contrary, Cunningham shall have the exclusive right and obligation to use the Property for a certified farmers market subject to the regulations set forth in this Agreement. c. Cunningham may utilize the Property only on Saturdays between the hours of 6:00 a.m. and 6:00 p.m. d. The farmers market on the Property shall be certified by the State of California as a "certified farmers market." October 12 .2002 709998 0 e. Cunningham and their vendors shall sell fruits, vegetables, nuts, plants and other agricultural products at the farmers market. Cunningham and their vendors may sell specialty food items such as soda, water, salsas, olives, cheeses, smoked food items, sausages, etc. Cunningham and their vendors may sell food for on-site consumption such as popcorn, donuts, crepes, tamales, etc. f. Cunningham and their vendors may sell craft items however no more than twenty craft vendors shall be allowed and ten of the craft vendors will be reserved on a first right of refusal basis to existing Old Town Merchants. g. During the period Cunningham is occupying the Property, Cunningham agrees to maintain the Property in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. h. Cunningham shall comply with all applicable laws, regulations and ordinances. i. Upon the conclusion of the farmers market on each Saturday, Cunningham shall return the Property in as good as condition and repair as the Property existed prior to the commencement of the farmers market. 3. License Fee. Cunningham shall pay to the Agency a license fee of $1 per booth, per week. Cunningham shall submit the license fee to the Agency on the fifth day of each month, or the next business day thereafter. 4. Use Permits. This Agreement is not in lieu of obtaining a Development Plan, Use Permit or Outdoor Event Permit from the City. Cunningham shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct the use on the Property. Cunningham shall comply with all governmental rules, regulations, statutes, ordinances and conditions of approval of permits. 5. Term. This Agreement shall commence as of January 1, 2003, and shall terminate on December 31, 2007, unless sooner terminated. This Agreement may be terminated for any reason by either party by providing two (2) months prior written notice of termination. The Agreement and use of the Property may be suspended by either party for breach of this Agreement, provided that, except for lapse or cancellation of insurance, the other party is given two business days to cure the breach. 6. Liens. Cunningham shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance, charge, or pledge of the Property or fixtures or furnishings, or any part thereof. Cunningham shall indemnify the Agency for any liens which may be placed upon the Property as a result of Cunningham's actions or inactions, including the costs of the Agency to defend or remove such lien. October 12, 2002 709998 —2— 7. Improvements. Repairs and Maintenance. Cunningham shall make no substantial alteration or repair to the Property without the prior written consent of the Director. 8. Indemnification. Agency shall not be liable for any loss, damages, or injury to person or property of any person occasioned by or arising out of any act of Cunningham or of anyone holding under Cunningham, nor the occupancy or use of the Property or any part thereof by or under Cunningham, nor directly or indirectly from any state or condition of said Property or any part thereof during the term of this Agreement. Cunningham shall defend, indemnify, protect and hold Agency and its officers, agents, volunteers, and employees harmless from any and all damages arising out of any act or omission of Cunningham, its officers, employees, agents subcontractors, volunteers and persons attending Cunningham events on the Property, except to the extent as the same may arise from the Agency's negligence or wrongful acts or omissions. 9. Liability Insurance. Cunningham shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Property by Cunningham, its agents, representatives, employees or sublicensees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto); (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance; and b. Minimum Limits of Insurance. CUNNINGHAM shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $500,000 per accident for bodily injury and property damage. October 12, 2002 709998 -3- or disease. (3) Employer's Liability: $1,000,000 per accident for bodily injury c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, the City of Temecula, their officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Cunningham; premises owned, occupied or used by Cunningham; or automobiles owned, leased, hired or borrowed by Cunningham. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, Cunningham's insurance coverage shall be primary insurance as respects the Agency, City, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the Agency, City, their officers, officials, employees or volunteers shall be excess of the Cunningham'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 Agency, its officers, officials, employees or volunteers. (4) The Cunningham'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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. f. Verification of Coverage. Cunningham shall furnish the Agency 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 Agency. All endorsements are to be received and approved by the Agency before not less than thirty (30) before the event for which the insurance applies commences on the Property. October 12, 2002 709998 —4- g. Failure to Complv with Insurance Requirements. In the event the Cunningham fails to submit the required documentation for insurance to the Director within the times required by this Agreement or the Director receives notice or is made aware of the termination of any required insurance policy, the Director may immediately suspend Cunningham's right to use the Property and shall cause a notice of default to be issued to the Cunningham. 10. Assignment and Subletting. Cunningham shall not assign its interest in this Agreement or in the Property to any person or entity without first obtaining the Director's written consent. Any assignment or sublicense without the Director's prior written consent shall be voidable and, at the Director's election, shall constitute a default. No consent of the Director should be required for agreements with vendors, concessionaires and advertisers at the Property, or booking or other performance agreements with entertainers. 11. Remedies. Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. 12. Covenants for Non -Discrimination g. Cunningham covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Cunningham itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. h. Cunningham shall refrain from restricting the rental or lease of the Property on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such leases, subleases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or na- tional origin in the leasing, subleasing, transferring, use, October 12, 2002 709998 —5- occupancy, tenure or enjoyment of the Property herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segrega- tion with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the Property herein leased." (2) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property." 13. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Agency: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: Director of Housing and Redevelopment Farmer's Market Management Company Inc.: George and Gale Cunningham PO Box 1522 Fallbrook, CA 92088 14. Entire Agreement. This Agreement, and the documents attached hereto or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 15. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing. //// October 12, 2002 709998 October 12, 2002 709998 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 3/04, Shawn Nelson Executive Director A 1ThST: an Jones, C Clerk Peter M. Thorson Agency Counsel FARMER'S MARKET MANAGEMENT CO. INC.: G Ate e fl Cunningham October 12, 2002 709998 —8— FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND FARMER'S MARKET MANAGEMENT INC. FOR USE OF A PORTION OF AGENCY PROPERTY AT SIXTH STREET AND MERCEDES STREET FOR A FARMERS MARKET THIS FIRST AMENDMENT is made and entered into as of December 6, 2004 by and between the Redevelopment Agency of the City of Temecula, a corporation ("Agency"), and Farmer's Market Management Inc, ("Cunningham"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes. A. On December 11, 2002 the Agency and Cunningham entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market" (Agreement). B. The parties now desire to amend the Agreement as set forth in this Amendment. as follows: 2. Section 2 of the Agreement, Grant of License, is hereby amended to read "2. Grant of License. "a. Agency hereby grants to Cunningham a license to use the Property on the terms and conditions and for the uses hereinafter specified in this Agreement. "b. Except as specifically provided hereinafter to the contrary, Cunningham shall have the exclusive right and obligation to use the Property for a certified farmers market subject to the regulations set forth in this Agreement. "c. Cunningham may utilize the Property only on Saturdays between the hours of 6:00 a.m. and 6:00 p.m. "d. The farmers market on the Property shall be certified by the State of California as a "certified farmers market." "e. Cunningham and their vendors shall sell agricultural products including, but not limited to fruits, vegetables, nuts, and plants at the farmers market in accordance with the State of California Department of Agriculture, Department of Food and Agriculture, Direct Marketing Rules and Regulations. Cunningham and their R:\Farmer's Market\First Amendment to Farmers' Market License Agreement.DOC vendors may sell specialty food items such as soda, water, salsas, olives, cheeses, smoked food items, sausages, etc. and may sell food for on-site consumption such as popcorn, donuts, crepes, tamales, etc. consistent with the County of Riverside, Department of Environmental Health Rules and Regulations. "f. Cunningham and their vendors may sell craft/health/ nutrition items and other products consistent with the quality and integrity of the Old Town Farmers' Market. Any Old Town Merchant who wishes to participate in the market shall be given first priority and Cunningham will use reasonable practices to include them within a reasonable time period. An "Old Town Merchant" is a merchant doing business at a location within the City of Temecula's Old Town Specific Plan Area. "g. Cunningham shall provide one additional vendor space made available for new Old Town Merchants who have opened a new store in Old Town within the last 90 days. Such merchant may occupy vendor space for four (4) consecutive weeks. "h. Cunningham may provide up to five (5) vendor spaces on a weekly basis for local non-profit groups doing fundraising. "i. Musicians and entertainers providing live performance during the Market are not considered a vendor. "j. During the period Cunningham is occupying the Property, Cunningham agrees to maintain the Property in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. "k. Cunningham shall comply with all applicable laws, regulations and ordinances. "I. Upon the conclusion of the farmers market on each Saturday, Cunningham shall return the Property in as good as condition and repair as the Property existed prior to the commencement of the farmers market. 3. Except as otherwise provided in this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. R:\Farmer's Market\First Amendment to Farmers' Market License-Agreement.DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Shawn Nelson Executive Director ATTEST: APPROVED AS TO FORM: Peter M. Thorson Agency Counsel FARMER'S MARKET MANAGEMENT CO. INC.: At quarCunningham GA GE R:\Farmer's Market\First Amendment to Farmers' Market License Agreement.DOC SECOND AMENDMENT TO LICENSE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND FARMER'S MARKET MANAGEMENT COMPANY INC. FOR USE OF A PORTION OF AGENCY PROPERTY AT SIXTH STREET AND MERCEDES STREET FOR A FARMERS' MARKET THIS SECOND AMENDMENT is made and entered into as of November 6, 2007 by and between the Redevelopment Agency of the City of Temecula, a corporation ("Agency"), and Farmers' Market Management Company, Inc., a California corporation, ("Cunningham"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. Recitals. This Amendment is made with respect to the following facts and purposes. A. On December 11, 2002 the Agency and Cunningham entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers' Market." B. On December 6, 2004, the Agency and Cunningham entered into that certain agreement entitled "First Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers' Market." The original agreement of December 11, 2002, as amended by the First Amendment on December 6, 2004 shall be referred to in this Second Amendment as the "Agreement." C. The purpose of the Old Town Farmers' Market is to: 1) create a positive image of Old Town, 2) expose community members to retail stores and services in Old Town, and 3) and reinforce Old Town's status as the center of the community's social and civic activities. D. The parties now desire to amend the Agreement as set forth in this Second Amendment. E. The terms used in the Agreement, as amended, shall have the meanings defined herein or ascribed to them in applicable state laws and regulations. If a term defined in this Agreement shall conflict with a definition from state law or regulation, the definition in state law or regulation shall prevail. 2. Amendment of Section 2, Grant of License. Section 2 of the Agreement, Grant of License, is hereby amended in full to read as follows: "2. Grant of License. "a. License. Agency hereby grants to Cunningham a license to use the Property for the Old Town Farmer's Market ("Farmers' Market") on the terms and conditions and for the uses hereinafter specified in this Agreement. 1 "b. Exclusive Right. Except as specifically provided hereinafter to the contrary, Cunningham shall have the exclusive right to use the Property for a certified farmers market subject to the regulations set forth in this Agreement. "c. Date/Time of Usage. Cunningham may utilize the Property only on Saturdays. Business hours of the Farmer's Market shall be from 7:30 a.m. 12:30 p.m. on Saturdays. Sales are allowed only during business hours. Set-up for the Farmer's Market shall be from 6:00 a.m. to 7:30 a.m. only on Saturdays. The Property must be vacated by 2:00 p.m. Saturdays. The Farmers' Market shall not be open during the Fall and Spring Rod Run Events, if they are conducted. The Agency shall notify Cunningham of the dates of the Fall and Spring Rod Run Events at least one (1) month prior to the events. , "d. Certified Producers. The Farmers' Market shall be certified by the State of California as a "certified farmers market." Cunningham and its vendors shall sell agricultural products including, but not limited to fruits, vegetables, nuts, and plants at the farmers market in accordance with all applicable laws, rules and regulations, including, but not limited to, Title 3, Food and Agriculture, Division 3, Economics, Chapter 1 Fruit and Vegetable Standardization, Subchapter 4, Fresh Fruits, Nuts, and Vegetables, Article 6.5, commencing at 3 Cal. Code Regs. §§1392 et seq. Vendors who are certified producers shall be located within in the certified farmers' designated area as shown on the approved Site Plan for City Planning Application No. PA 07-0290. "e. Food Vendors (Non Agricultural). Cunningham and its vendors may sell specialty food items at the Farmers' Market such as soda, water, salsas, olives, cheeses, smoked food items, sausages, and similar specialty food items and may also sell food for on-site consumption such as popcorn, donuts, crepes, tamales, and similar food items for on-site consumption in accordance with all applicable laws, rules and regulations, including, but not limited to, Health and Safety Code Section 114371 and the rules and regulations of the County of Riverside, Department of Environmental Health. Cunningham shall provide to the Agency the list of food vendors (non-agricultural) from the quarterly application approved by the County of Riverside, Department of Environmental Health. Only food vendors (non-agricultural) who meet the criteria described above and who are approved by the County of Riverside, Department of Environmental Health shall be allowed to sell specialty food items in the Farmers' Market. "f. Vendors (Non Agricultural/Non Food). Cunningham and its vendors may sell handcrafted items, health items or services, and nutrition items at the Farmers' Market and other products that relate to the theme of the Farmers' Market. Cunningham shall submit to the Agency on the first business day of each calendar quarterly a list of vendors (non- agricultural/non food) and a detailed list of the items offered for sale by such vendors for the Agency's review and approval. Only vendors (non- agricultural/non food) who meet the following guidelines are approved by the Agency shall be permitted as vendors in the Farmers' Market: 2 (1)u Handcrafted items" means those products that are made or constructed in a manner suggesting care or special skill. Handcrafted items shall be items made exclusively by the local vendor renting the booth or his or her personal assistant. The studio or shop of the vendor of handcrafted items and his or her personal assistant shall be located within the Counties of Riverside, San Diego, Imperial, San Bernardino, Orange or Los Angeles. Except for health items and nutrition items, items made by persons other than the local vendor or his or her personal assistant and purchased for the purpose of resale are not "handcrafted items" and shall not be sold by a vendor. Examples of handcrafted items include hand -knitted sweaters or dresses, hand -made jewelry, woodworking, hand -carved items and similar handcrafted items. Embellishing of existing products shall not be considered to be "handcrafted." (2) Non -handcrafted products that fall within the theme of the Farmer's Market may be sold at the Farmer's Market if such items relate to farming, gardening or both. Examples of such items include gardening apparel, gardening implements, soil and potting materials and similar items. (3) Examples of items that are not handcrafted or within the theme of the Farmer's Market as described this section are retail or wholesale toys, ball caps, t -shirts, sports team apparel and accessories, sunglasses or any other retail or wholesale items not handcrafted or within the theme of the Farmers' Market. (4) Each Vendor (Non Agricultural/Non Food) participating in the Farmers' Market shall file with the Agency a declaration in a form approved by the Agency certifying that the Vendor (Non Agricultural/Non Food) is only selling such merchandise as is authorized by this Agreement. "g. Old Town Merchants. Any Old Town Merchant who wishes to participate in the market shall be given first priority when space becomes available. An "Old Town Merchant" is a merchant doing business at a location within the City of Temecula's Old Town Specific Plan Area. Old Town Merchants may only sell inventory that is part of the Old Town Merchant's regular business. Cunningham shall prepare and make available to all interested Old Town Merchants an application packet that clearly outlines the requirements and process necessary to participate in the market in substantially the form as approved by the Agency. "h. Vendor Space for New Old Town Merchants. Cunningham shall provide one additional vendor space at the Farmer's Market for new Old Town Merchants who have opened a new store in Old Town within ninety (90) calendar days preceding a Farmers' Market. Such merchant may occupy vendor space for four (4) consecutive weeks. "i. Vendor Space of Non -Profits. Cunningham shall provide up to four (4) vendor spaces at the Farmers' Market on a weekly basis for local non-profit groups doing fundraising. If there are less than four non-profit groups seeking a booth for fundraising, Cunningham may rent the unused booths to other vendors, subject to the requirements of this Agreement, 3 on a weekly basis until such time as additional non -profits seek a booth for fundraising. "Local non-profit groups" shall be those non-profit groups providing social, athletic or recreational services or activities for persons in the City of Temecula. Cunningham shall provide one booth for the dissemination of information about Old Town. 1. Entertainers. Musicians and entertainers providing live performances within the theme of the Farmers' Market are not considered to be vendors. "k. Maintenance. During the period Cunningham is occupying the Property, Cunningham agrees to maintain the Property in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. "I. Compliance With Laws. Cunningham and its vendors shall comply with all applicable laws, regulations and ordinances. "m. Clean -Up. Upon the conclusion of the farmers market on each Saturday, Cunningham shall return the Property in as good as condition and repair as the Property existed prior to the commencement of the Farmers' Market. The parking lot shall be clean from litter, all trash barrels shall be emptied and all debris removed from adjacent planters. "n. Cooperation with Citv.Cunningham shall cooperate with and allow access to the Farmers' Market and the Property to all representatives of the City, Agency, Code Enforcement and other governmental agency with jurisdiction over the Farmers' Market for inspection of the Farmers' Market at such times as they determine necessary." 3. Amendment of Section 3, License Fee. Section 3 of the Agreement, License Fee, is hereby amended in full to read as follows: "Cunningham shall pay to the Agency a license fee at a flat rate of four hundred dollars ($400.00) per month, payable to the Agency on the fifth (5th) day of each calendar month or the next business day thereafter." 4. Amendment of Section 5, Term. Section 5 of the Agreement, Term, is hereby amended to extend the term to December 31, 2012. 5. Amendment of Exhibit A. Exhibit A to the Agreement, description of the Property, is hereby amended by substituting a new Exhibit A, attached hereto and incorporated herein, that updates the Property description and provides a map of the Property. 6. No Other Changes. Except as otherwise provided in this Second Amendment, all other terms and conditions of the Agreement remain in full force and effect. 4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date first written above. OF ECULA, oratla Chuck Washington, ,�' ayor ATTEST: Pe er M. Thorson City Attorney FARMERS' MARKET MANAGEMENT CO., INC. Name: George unningham Title: Name: Gale Cunningham Title: 5 EXHIBIT A UPDATED DESCRIPTION OF PROPERTY 6 • • • • • . • • Exhibit "A" • All that portion of Lot 1 of Tract Map 23925, as shown by Map on file in Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, • ' Excepting the following described area: Beginning at the most westerly corner of said Lot 1; . • Thence North 44° 25' 45" East, along the northweiterly line of said Lot, a distance of 147.87 feet . • Thence South 45° 34' 15" East, a distance of 26.98 feet; Thence South, 44° 25' 45" West, a distance of 18.33 feet; • • Thence 'South 45° 30' 01" East, a distance of 2.21 feet; • Thence South 05° 45117 West, a distanCe of 35.51 feet; Thence South 45° 30' 01" Easts distance of 68.87 feet Thence South, 140 29' 59" West, a distance of 36.24 feet; Thence South, 44° 29' 59" West, a distance of 9.50 feet; Thence South 45° 30' 01" East; a distance of 11.62 feet to a point in the nOrthwesterly right-of-way line of 6th Street•as shown on said map; Thence South 44° 25' 43" West along said right-of-way line, a distance of 43.98 feet, Thence South 85° 53' 32" West along said right-of-way line, a distance of 22.69 feet, to a point in. the northeasterly right-of-way line of Front Street as 'shown on said Mar); .• . . • . . . .• .. • . . . , • Thence North 46a 30' 01" West along said right-of-way line, a distance of 134.92 • • feet to the Point of B6ginning. . *- • • • • • • • • • • • • I 147.57* 1.2 4s• tear SOT w- • 13 1118, W; t 1.as• LtD 1M ! S3' tE II 111'S`3d' t 1 i.. iP' �:'7 + r yrs THIRD AMENDMENT TO LICENSE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AND FARMER'S MARKET MANAGEMENT INC. FOR USE OF THE PUBLIC PARKING LOT LOCATED AT THE NORTHWEST CORNER OF MERCEDES STREET AND SIXTH STREET THIS THIRD AMENDMENT is made and entered into by and between the Successor Agency of the Temecula Redevelopment Agency ("Agency") and Farmer's Market Management Inc., a California corporation ("Cunningham") as of May 22, 2012. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: Section 1. Recitals. This Amendment is made with respect to the following facts and purposes. A. On December 11, 2002 the Redevelopment Agency of the City of Temecula and Cunningham entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market." B. On December 6, 2004, the Redevelopment Agency of the City of Temecula and Cunningham entered into that certain agreement entitled "First Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market" and on November 6, 2007, the parties entered into that certain agreement entitled "Second Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmer's Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers Market" The original agreement of December 11, 2002, as amended by the First Amendment on December 6, 2004 and the Second Amendment on November 6, 2007 shall be referred to in this Third Amendment as the "Agreement." C. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency") and had assumed jurisdiction over the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." D. ABX1 26 was signed by the Governor of California on June 29, 2011 as Chapter 5 of the Statues of 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. E. As a result of the California Supreme Court's decision upholding the validity of ABX1 26, on February 1, 2012, all redevelopment agencies in the State of California, including the Redevelopment Agency of the City of Temecula, 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 to the Temecula Redevelopment Agency upon its 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. By law, the Successor Agency is now the successor in interest to all property, assets and obligations of the former Redevelopment Agency of the City of Temecula, including the former Redevelopment Agency's obligations under the Agreement. I. The parties now desire to amend the Agreement to extend the expiration date of the Agreement from December 31, 2012 to April 1, 2013 in order to enable the Successor Agency to the Temecula Redevelopment Agency and the City of Temecula time to complete the request for proposal process for the continued management of the Farmer's Market and to complete the confirmation of title to the Property. J. The terms used in the Agreement, as amended, shall have the meanings defined herein or ascribed to them in applicable state laws and regulations; provided, however, that the term "Agency" shall mean the Successor Agency to the Temecula Redevelopment Agency. If a term defined in this Agreement shall conflict with a definition from state law or regulation, the definition in state law or regulation shall prevail. Section 2. Extension of Term. Section 5 of the Agreement, Term, is hereby amended to extend the term from December 31, 2012 to April 1, 2013. Section 3. No Other Changes. Except as otherwise provided in this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. -2- IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date first written above. CITY OF TEMECULA, a municipal corporation Robert C. Johnson City Manager ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney 00 FARMER'S MARKET MANAGEMENT CO., INC. Name: George Cunningham Title: Name: Gale Cunningham Title: -3- COUNCIL BUSINESS Item No. 26 Approvals City Attorney Director of Finance City Manager Altd CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: May 22, 2012 SUBJECT: Local Vendor Preference Program PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 3.30 TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL VENDOR PREFERENCE PROGRAM AND AMENDING SECTIONS 3.28.020, 3.28.220, 3.28.260, AND 3.32.010 OF THE TEMECULA MUNICIPAL CODE TO INTEGRATE THE LOCAL VENDOR PREFERENCE POLICY INTO THE CITY'S PURCHASING SYSTEM 2. Authorize staff to pursue a study within six months of implementation of the Local Vendor Preference Program to accurately quantify the local and regional economic benefits of the program. SUMMARY OF ORDINANCE: This ordinance establishes a Local Vendor Preference Program for businesses located in the City of Temecula for the purchase of supplies, materials, equipment, and contractual services. BACKGROUND: Annually, the City of Temecula spends a considerable amount purchasing materials, supplies, equipment, maintenance services, public projects, and professional services. A substantial portion of the funds used to make these purchases come from taxes and fees derived from local businesses. Whenever feasible, funds generated from the local community should be funneled back into the local economy, thus slowing the economic export to other municipalities and increasing the financial productivity of every taxpayer dollar. Given the nation's current economic condition, cities are increasingly being asked by local businesses to establish Local Vendor preferences related to City purchases as a means to encourage, promote, stimulate, preserve, and grow the local economy. In an effort to address the needs of the City and the business community, staff evaluated best known practices and produced a Local Vendor Preference Program. The program provides a preference to businesses (located in the City of Temecula) interested in bidding on supplies, materials, equipment, public projects, and contractual services solicited by the City. On May 8, 2012, staff met with Finance Committee Members Chuck Washington and Mike Naggar to discuss the establishment of a Local Vendor Preference Program for businesses located in the City of Temecula. Under the proposed Local Vendor Preference Program, a local vendor that submits a bid for materials, supplies, equipment, and public projects within five percent (5%) of the lowest bid (non -local vendor) will be awarded the bid if they are willing to reduce their bid to the lowest bid amount. Moreover, for solicitations that are based on criteria other than lowest price (e.g. Professional Services — where experience, quality, schedule, etc. may be additional factors), a five percent (5%) preference will be added to the final evaluated local vendor score. Local Municipalities: A survey of local municipalities reveals the following Local Vendor Preferences: Public Entity Preference Criteria City of Lake Elsinore 3% For purchases subject to sales tax City of Murrieta 30/0 Excludes Public Projects City of Wildomar 1% For purchases subject to sales tax County of Riverside 5% Applied to the total price during evaluation of the responses County of San Diego 1% Excludes Public Projects Staff Recommendation: Given the economic climate and the City's desire to collaborate with local businesses, staff recommends that the City approve the Local Vendor Preference Program under the following purchasing guidelines: Purchase Item Purchase Limits Preference Materials, Supplies, and Equipment Purchases over $ 5,000 5% Public Projects (Public Works) Purchases up to $45,000 5% Services (Professional and Maintenance) Purchases over $30,000 5% The specifics of the Local Vendor Preference Program include: ■ Materials, Supplies, Equipment: Pursuant to the City's municipal code, solicitations over $5,000 for materials, supplies, and equipment require competitive bidding. Under the Local Vendor Preference Program, local vendors that submit a bid within five percent (5%) of the lowest bid (non -local vendor) will be awarded the bid if they are willing to reduce their bid to the lowest bid amount. ■ Public Projects (Public Works): Public Projects (Public Works) must be awarded to the lowest responsive, responsible bidder pursuant to the California Public Contract Code and the Uniform Public Construction Cost Accounting Act. However, Public Projects up to $45,000 may be included in a Local Vendor Preference Program. Therefore, under the Local Vendor Preference Program, local vendors that submit a bid within five percent (5%) of the lowest bid (non -local vendor) will be awarded the bid if they are willing to reduce their bid to the lowest bid amount. The local vendor selected for the work will be required to use good faith efforts to sub -contract the purchase of supplies, equipment, and services to Local Vendors. ■ Services (Professional and Maintenance): A five percent (5%) preference will be added to the final evaluated local vendor score for solicitations that are based on criteria other than lowest price (e.g. Professional Services — where experience, quality, schedule, etc. may be additional factors). The local vendor will also, to the extent legally possible, be required to solicit proposals for subcontractors and subcontractors for work associated with the proposed contract from local firms as opportunities occur and hire qualified local firms whenever feasible. The Finance Committee approved the program for City Council consideration and also recommended that staff pursue a study within six months of implementation of the Local Vendor Preference Program to accurately quantify the benefits of the program and potentially expand the program based on other economic benefits. The study would evaluate the local and regional economic contributions, impacts, and benefits of the program in relation to additional sales, jobs, income, and ultimately tax revenue (among others). In addition, the Finance Committee requests that the study outline the multiplier effect - how well the local economy (dependent variable) responds to the Local Vendor Preference Program (independent variable). FISCAL IMPACT: No fiscal impact as local vendors will be required to reduce their bid to the lowest bid amount. ATTACHMENTS: Local Vendor Preference Ordinance ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 3.30 TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL VENDOR PREFERENCE PROGRAM AND AMENDING SECTIONS 3.28.020, 3.28.220, 3.28.260, AND 3.32.010 OF THE TEMECULA MUNICIPAL CODE TO INTEGRATE THE LOCAL VENDOR PREFERENCE POLICY INTO THE CITY'S PURCHASING SYSTEM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Temecula hereby adds Chapter 3.31 to the Temecula Municipal Code is amended to read: Chapter 3.30 Local Vendor Preference Program 3.30.010 DEFINITIONS A. "Local Vendor" means a vendor, contractor, or consultant who has a valid physical business address located within the boundaries of the City of Temecula, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license issued by the City of Temecula and designates, for sales tax purposes, the City of Temecula as the point of sale for retail transactions within the City. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. B. "Minor Public Project" means public projects described in Section 3.32.010 up to forty five thousand dollars ($45,000) may be performed by City employees by force account, by negotiated contracts or by purchase order C. "Solicitation" shall mean the City's process to obtain bids, quotes, or proposals as provided in Chapters 3.28 and 3.32 for the purchase of goods or services or Minor Public Projects. 3.30.020 FINDINGS A. Annually, the City of Temecula spends a considerable amount purchasing supplies, equipment, maintenance services, public projects, and professional services. A substantial portion of the funds used to make these purchases come from taxes and fees derived from local businesses. B. The City Council has determined that funds generated in the community should, to the extent possible, be placed back in the local economy. Retaining local dollars within a community reduces economic export, increases the financial productivity of taxpayer dollars and increases the consumption of local goods and services while fostering a sustainable community. C. In working towards a sustainable economy, the City Council recognizes that sustainable procurement policies are an important early step on the City's path to a sustainable community. Leveraging the purchasing power of the City to buy local products and services instead of products and services from outside the City, strengthens the local economic activity and employment as well as sets an example that helps foster and maintain a vital economic community for future generations. D. The City Council has determined that it is in the best interest of the City to give a preference to Local Vendors in making such purchases whenever the application of such a preference is reasonable in light of the dollar - value received in relation to such expenditure. E. The City Council further finds that this action is necessary to encourage, promote, stimulate, preserve, and grow the local economy. 3.30.030 STATEMENT OF POLICY A. It is the policy of the City to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, workers, businesses, vendors, contractors, and consultants to the extent consistent with the law and interest of the public. B. Local Vendors must otherwise normally qualify to receive the bid pursuant to Chapters 3.28 and 3.32 of the City of Temecula Municipal Code and other applicable law. C. The provisions of this Chapter shall be construed and implemented in accordance with applicable federal and state laws. 3.30.040 LOCAL VENDOR PREFERENCE IN PURCHASING SUPPLIES AND EQUIPMENT A. In the Solicitation of supplies and equipment, as provided in Chapter 3.28, the City Council or the City Manager may give a preference pursuant to this Chapter to Local Vendors in making such purchase or awarding such contract. B. If the vendor that submits the lowest responsive bid or quote is not a Local Vendor as defined herein, the lowest responsive bid or quote submitted by a Local Vendor that is within five percent (5%) of the lowest bid or quote may be deemed to be the lowest bidder. However, said Local Vendor must elect to reduce its bid or quote to match the bid or quote of the lowest bidder, in writing, within one (1) business day (excluding weekends and holidays) of being notified of their status by the City. C. If the lowest Local Vendor within five percent (5%) of the lowest bid or quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Local Vendor shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above, providing that this Local Vendor is also within five percent (5%) of the lowest bid or quote that has been deemed responsive. D. In order for a Local Vendor to be eligible to claim the preference, the Local Vendor must request the preference in the response to the Solicitation and provide a copy of its current business license issued by the City. 3.30.050 LOCAL VENDOR PREFERENCE IN SERVICES A. In the Solicitation of contracts based on evaluation criteria which best serves the needs of the City and provides the City with the highest quality and cost effectiveness (such as services), as provided in this Title, the City Council or the City Manager may give a preference pursuant to this Chapter to Local Vendors in making such purchase or awarding such contract. B. The equivalent of a five percent (5%) preference will be added to final evaluated score of each Local Vendor. If the five percent (5%) preference causes the Local Vendor to have the best overall score, the Local Vendor may be deemed the Vendor that best serves the needs of the City and provides the City with the highest quality and cost effectiveness. However, said Local Vendor must elect to reduce the price portion of its bid, quote, or proposal to match the price portion of the lowest bidder, in writing, within one (1) business day (excluding weekends and holidays) of being notified of their status by the City. C. If the Local Vendor does not elect to reduce the price portion of its bid, quote, or proposal to match the price portion of the lowest bidder, then the next lowest Local Vendor shall be given the opportunity to match the price portion of the lowest bidder as set forth above, provided the five percent (5%) preference causes said Local Vendor to have the best overall score, and provided the Local Vendor is deemed the Vendor that best serves the needs of the City and provides the City with the highest quality and cost effectiveness. D. In order for a Local Vendor to be eligible to claim the preference, the Local Vendor must request the preference in the response to the Solicitation and provide a copy of its current business license issued by the City. E. The vendor, contractor, or consultant will also, to the extent legally possible, solicit proposals for subcontractors and subcontractors for work associated with the proposed contract from local firms as opportunities occur and hire qualified local firms whenever feasible. 3.30.060 LOCAL VENDOR PREFERENCE IN MINOR PUBLIC WORKS CONTRAC A. Pursuant to the Public Contracts Code and Chapter 3.32, public projects (i.e. public works construction) must be awarded to the lowest responsive, responsible bidder with certain exceptions. Section 3.32.010 provides that certain public projects up to forty five thousand dollars ($45,000) may be performed by City employees by force account, by negotiated contracts or by purchase order ("Minor Public Projects"). B. In the bidding of, or letting for procurement of Minor Public Projects, as provided in Chapter 3.32, the City Council or the City Manager may give a preference pursuant to this Chapter to Local Vendors in making such purchase or awarding such contract. c. If the vendor that submits the lowest responsive bid or quote is not a Local Vendor as defined herein, the lowest responsive bid or quote submitted by a Local Vendor that is within five percent (5%) of the lowest bid or quote may be deemed to be the lowest bidder. However, said Local Vendor must elect to reduce its bid or quote to match the bid or quote of the lowest bidder, in writing, within one (1) business day (excluding weekends and holidays) of being notified of their status by the City. D. If the lowest Local Vendor within five percent (5%) of the lowest bid or quote does not elect to reduce its bid or quote to match the bid or quote of the lowest bidder, then the next lowest Local Vendor shall be given the opportunity to match the bid or quote of the lowest bidder as set forth above, providing that this Local Vendor is also within five percent (5%) of the lowest bid or quote that has been deemed responsive. E. In order for a Local Vendor to be eligible to claim the preference, the Local Vendor must request the preference in the Solicitation and provide a copy of its current business license issued by the City. F. The Local Vendor selected for the work shall use good faith efforts to sub- contract the purchase of supplies, equipment, and services to Local Vendors. The Local Vendor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub -contractors, or by demonstrating that no local subcontractors are qualified to perform the work or provide the supplies, equipment, or services. Any notice inviting bids which may require the use of sub -contractors shall include notification of this subsection. The City Council or City Manager may reject as non- responsive the bid of any contractor proposing to use sub -contractors that fail to comply with the requirements of this subsection. 3.30.070 EXCEPTIONS TO LOCAL VENDOR PREFERENCE POLICY The local preference set forth in this Chapter shall not apply to the following purchases or contracts. A. Supplies, equipment, and services provided under a cooperative purchasing agreement. B. Purchases or contracts which are funded in whole or in part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of a local preference. C. Purchases made or contracts let under emergency or non-competitive situations. D. Purchases with an estimated cost of $5,000.00 or less. E. Application of the Local Vendor preference to a particular purchase, contract, or category or contracts for which the City Council is the awarding authority may be waived at the City Council's discretion. 3.30.080 QUALITY AND FITNESS The local preference set forth in this Chapter shall in no way be construed to inhibit, limit or restrict the right and obligation of the City Council and the City Manager to compare quality and fitness for use of supplies, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences set forth in this Chapter shall in no way be construed to prohibit the right of the City Council or the City Manager from giving any other preference permitted by law or this Title. 3.30.090 APPLICATION The Local Vendor Preference provided in this Section shall apply to new contracts for supplies, equipment, and services first solicited on or after July 12, 2012. This Section shall be implemented in a manner consistent with otherwise applicable provisions of this Title. 3.30.100 VERIFICATION OF LOCAL VENDOR PREFERENCE ELIGIBILITY Any vendor, contractor, or consultant claiming to be a Local Vendor shall so certify in the bid, in writing to the City Manager. The City Manager shall not be required to verify the accuracy or any such certifications, and shall have sole discretion to determine if a vendor, contractor, or consultant meets the definition of "Local Vendor". The decision of the City Manager declaring that any person or business is not a Local Vendor shall be subject to appeal pursuant to the provisions of Section 3.28.350 with respect to purchases of supplies, equipment or services and Section 3.32.060 with respect to Minor Public Projects. 3.30.110 ENFORCEMENT A. The information furnished by each bidder requesting a Local Vendor Preference shall be submitted to the Purchasing Officer under penalty of perjury. B. No person or business shall knowingly or fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a Local Vendor for the purpose of this Section. C. No person or business shall willfully and knowingly make a false statement, whether by affidavit, report, or other representation, to a City official or employee for the purpose of influencing the certification or denial of certification of any entity as a Local Vendor. D. A business which has obtained City certification as a Local Vendor by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall: 1. Pay the City any difference within the contract amount and what the City's costs would have been if the contract had been properly awarded. 2. In addition to the amount described in sub section (1) above be assessed a penalty in an amount of not more than ten percent (10%) of the amount of the contract involved; and 3. Be ineligible to transact any business with the City for a period of not less than three (3) months and not more than twenty-four (24) months as determined in the sole discretion of the City Manager. The City Manager shall also have the right to terminate all or any part of any contract entered into with such person or business. E. The penalties identified in (D) above shall also apply to any business that has previously obtained proper certification and, as a result of a change in its status would no longer be eligible for certification, fails to notify the City of this information prior to responding to a Solicitation or accepting a contract award. 3.30.120 PROMULGATION OF ADMINISTRATIVE RULES A. The City Manager is authorized to adopt administrative rules supplemental to the provisions of this Chapter as necessary or appropriate to implement the provisions of this Chapter. B. The provisions of this section and the rules adopted by the City Manager shall be provided to potential bidders, vendors, and contractors to the widest extent practicable." Section 2. The City Council of the City of Temecula hereby amends Section 3.28. 020, Scope of Chapter, of the Temecula Municipal Code to read as follows: The procedures established by this chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. Purchases made pursuant to this Chapter shall also be subject to the provisions of Chapter 3.30, The Local Vendor Preference Program. Section 3: The City Council of the City of Temecula hereby amends Section 3.28. 220, Award of Formal Bid Contracts, of the Temecula Municipal Code to read as follows: Except as otherwise provided in this chapter, formal bid contracts shall be awarded by the city council to the lowest responsible bidder, subject to the provisions of Chapter 3.30, Local Vendor Preference Program. The determination of lowest responsible bidder shall be at the discretion of the city council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. Section 4: The City Council of the City of Temecula hereby amends Section 3.28. 260, Minimum Number of Informal Bids, of the Temecula Municipal Code to read as follows: Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the city after consideration of price, quality, durability, servicing, delivery time, standardization and other factors, subject to the provisions of Chapter 3.30, Local Vendor Preference Program. Section 5: The City Council of the City of Temecula hereby amends Section 3.32. 010, Scope of Chapter, of the Temecula Municipal Code to read as follows: The provisions of this chapter shall apply to the construction on public projects not more than one hundred seventy-five thousand dollars ($175,000). Public projects of forty-five thousand dollars ($45,000) or less may be performed by city employees by force account, by negotiated contract or by purchase order, subject to the provisions of Chapter 3.30, Local Vendor Preference Program. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal procedures as set forth in this chapter. Section 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court or competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of June, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 12- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of May, 2012, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2012, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 27 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: May 22, 2012 SUBJECT: Resolution approving and authorizing the execution of a Lease Termination Agreement with the YMCA of Riverside City and County, Inc. and the appropriation of funds required to purchase the facility (at the request of Park and Recreation Ad Hoc Subcommittee Members Chuck Washington and Jeff Comerchero) PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE TERMINATION AGREEMENT WITH YMCA OF RIVERSIDE CITY AND COUNTY, INC. REGARDING THE YMCA BUILDING LOCATED IN MARGARITA COMMUNITY PARK 2. Appropriate $1,609,915 for purchase of the facility to be funded with an advance from General Fund reserves and subsequent repayment from Park and Recreation Development Impact Fees (DIF). BACKGROUND: On January 14, 2003, the City of Temecula entered into a Ground Lease with the YMCA of Riverside City and County, Inc. (YMCA), for one dollar per calendar year, which authorized the YMCA to lease a portion of Margarita Community Park and to construct a YMCA building. The YMCA completed construction of a 14,832 square foot facility which includes a pool and deck area and opened in January 2009. Amenities in addition to the building at the facility include a 25 -yard outdoor pool, locker rooms, complete fitness center, dance/exercise classroom, daycare room, and office space. The YMCA has proposed to terminate the lease and have the City purchase the facility. The City and the YMCA have negotiated a Lease Termination Agreement which provides that, in consideration for the termination of the Lease, the City shall pay the sum of one million, six hundred nine thousand, nine hundred fifteen dollars and zero cents ($1,609,915) to the YMCA for the building which will also include all furniture, fixtures, and equipment including IT equipment inside the building (attachment 4). If approved, this will result in the City owning and operating the former YMCA building. The City has completed its due diligence on the acquisition of this facility. An appraisal has been completed and the purchase price is in line with the fair market value of the facility. A building inspection and evaluation of the fitness equipment included within the building has also been completed. The Park and Recreation Ad Hoc Subcommittee, consisting of Mayor Washington and Council Member Comerchero, has been actively involved in the negotiation process, planning of this project, and have provided direction, leadership and support for this acquisition. Over the years, the City Council has been interested in identifying a facility that can provide services to active adults (55+) and families. This goal has also been articulated in the recently adopted Quality of Life Master Plan (QLMP) and was also most recently discussed at the City Council Budget Workshop held earlier this year. The City of Temecula intends to operate the former YMCA building for recreational purposes for the community. Examples of services and programs that can be offered at this facility include: dance classes, personal training, self-defense, outdoor exercise classes, various swimming classes, aquatic therapy, swim lessons and a number of other recreation classes. There will also be an opportunity to offer additional classes that are popular in the City's other facilities. It is anticipated that the transition from the YMCA to the City will occur in late June or early July. It is the City's intention to operate this as a City facility with a fee-based membership program (similar to the YMCA), in addition to offering numerous specialized classes and programs. FISCAL IMPACT: The appropriated funds in the amount of $1,609,915 will be advanced from General Fund reserves and subsequent repayment from Park and Recreation Development Impact Fees (DIF). ATTACHMENTS: 1. Resolution 2. Lease Termination Agreement 3. Quitclaim Deed 4. FF&E Inventory RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE TERMINATION AGREEMENT WITH YMCA OF RIVERSIDE CITY AND COUNTY, INC. REGARDING THE YMCA BUILDING LOCATED IN MARGARITA COMMUNITY PARK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City of Temecula ("City") is the owner of certain real property in the County of Riverside, California known as the Margarita Community Park ("Park"). B. On January 14, 2003, the City Council entered into a Ground Lease ("Lease") with YMCA of Riverside City and County, Inc. ("YMCA"), authorizing the YMCA to lease a portion of the Park and construct a YMCA building ("YMCA Building") thereon. C. The YMCA is proposing to terminate the Lease. D. Section 5(c) of the Lease provides that upon the expiration or earlier termination of the Lease, the YMCA Building and other improvements shall become the property of the City. E. Section 23(h) of the Lease provides that the City is entitled to receive a quitclaim deed executed by the YMCA upon the expiration or earlier termination of the Lease. F. The City intends to continue to operate the YMCA Building for recreational purposes for the community. G. The City and the YMCA desire to enter into a Lease Termination Agreement which provides that, in consideration for the termination of the Lease, the City shall pay the sum of One Million, Six Hundred and Nine Thousand, Nine Hundred and Fifteen Dollars and Zero Cents ($1,609,915) to the YMCA. H. The execution of the Lease Termination Agreement will result in the City owning the YMCA Building and other improvements as of the date of the termination of the Lease (i.e., no purchase agreement is necessary for the City to acquire title to the Building and other improvements). Section 2. Environmental Findings. In accordance with the California Environmental Quality Act, the proposed Lease Termination Agreement is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15323 because once the Lease is terminated, the City will continue to operate the YMCA Building with the same kind of recreational community activities that have been continuously provided to the public since 2003. As such, there is a reasonable expectation that the future operation of the YMCA Building would not represent a change in the operation of the facility. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law. Section 4. Approval of Lease Termination Agreement. The City Council of the City of Temecula hereby approves and authorizes the termination of the Lease through the execution of the Lease Termination Agreement set forth in Exhibit "A", attached hereto and incorporated herein as though set forth in full ("Agreement"). The Mayor is hereby authorized to execute the Agreement on behalf of the City in substantial conformance with the form of such Agreement. A copy of the final Agreement when executed by the Mayor and representatives of the YMCA shall be placed on file in the Office of the City Clerk. Section 5. City Manager Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, as amendment, including without limitation, the authority to approve and execute on behalf of the City: title report, escrow instructions, implementation agreements, costs, license agreement for access to the Property and such other agreements or certifications as may be necessary or convenient to the completion of the sale of the Property pursuant to the Agreement. Section 6. Certification. The City Clerk of the City of Temecula shall certify to the passage, approval and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 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 22nd day of May, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk LEASE TERMINATION AGREEMENT THIS LEASE TERMINATION AGREEMENT (this "Agreement") is dated as of May 22, 2012, and is entered into by and between the CITY OF TEMECULA, a California municipal corporation ("Lessor"), and YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California nonprofit corporation ("Lessee"). RECITALS: A. Lessor and Lessee executed that certain Ground Lease dated January 14, 2003 (the "Lease") for land described on Exhibit "A" attached hereto (including the improvements thereon, said land is hereinafter referred to as the "Premises"). B. Lessor and Lessee have agreed to enter into this Agreement in order to terminate the Lease on the terms and subject to the conditions hereinafter set forth. Lessor intends to operate the improvements on the Premises for recreational purposes for the community. C. This Agreement will result in the Lessor owning the improvements on the Premises as of the date of the termination of the Lease (i.e., no purchase agreement is necessary for the Lessor to acquire title to the improvements). AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and release(s) set forth, the sufficiency of which the parties hereto acknowledge, the parties hereto agree as follows: 1. Conditions Precedent: Due Diligence., Representations by Lessee. Lessee hereby represents and warrants to Lessor that it has: (i) delivered to Lessor copies of all contracts (including, without limitation, utility service agreements, warranties, maintenance contracts and membership lists) relating to the Premises or Lessee's operations on the Premises; (ii) delivered to Lessor an accurate and complete list describing all fixtures, furniture, equipment and personal property located on the Premises (collectively, the "FF&E"); (iii) disclosed to Lessor in writing all material facts known to Lessee about the Premises or FF&E (including, without limitation, any notices from governmental entities regarding hazardous materials in, on or under the Premises); and (iv) not assigned the Lease nor sublet the Premises; (v) not encumbered the Lease or FF&E. The effectiveness of Lessor's obligations are hereby conditioned upon: (i) Lessor's inspection of Premises, FF&E and service contracts and written approval of such inspections by the City Manager or designee/contractor of Lessor; (ii) delivery to Escrow of all documents and instruments necessary to release or terminate any liens or security interests in the Lease, the improvements comprising part of the Premises, or any of the FF&E (the "Security Interests"); (iii) termination of all such Security Interests. 2. Lessee Termination Payment. In consideration for the termination of the Lease described in Section 3 below, and all FF&E, contracts relating to the Premises that Lessor elects to assume, and all warranties relating to the improvements comprising part of Premises, on or before June 30, 2012, Lessor shall pay to Lessee through the Escrow described in Section 4 below the sum of One Million Six Hundred Thousand Nine Thousand Nine Hundred Fifteen -1- 11086-000111460572v2.doc Dollars and no/100 Dollars ($1,609,915) in the form of a check payable to Lessee and delivered to Lessee at 4020 Jefferson Street, Riverside, CA 92504, Attn: Jaclyn Fielder; provided, however, that Escrow shall deduct from such sum amounts required to be paid to the holders of Security Interests in order to terminate such security interests, and shall pay such sums to such holders. 3. Termination of Lease., Lessee's Refund of Pre -Paid Memberships. Upon the payment by Lessor under Section 2 above, and the termination of the Security Interests, the Lease shall terminate, and except for Lessee's obligations under this Agreement and as otherwise provided under Section 5 below, Lessee shall then have no further obligations to Lessor in connection with the Lease, and Lessor shall be the owner of all improvements on the Premises free of all liens and encumbrances. Upon the termination of the Lease, Lessee shall promptly refund payments it has received for YMCA memberships at the Premises that are allocable to the period after termination of the Lease. 4. Escrow. The transactions described above shall be completed through an escrow ("Escrow") at First American Title Company located at 5 First American Way, Santa Ana, CA 92707, Attention: Jeanne Gould ("Escrow Holder"). Within five (5) business days after the execution of this Agreement, the parties shall deliver a copy of this executed Agreement to Escrow Holder and shall cause the Escrow to be opened. Each party will execute such additional instructions or documents reasonably required by Escrow Holder for the Escrow, and each party may execute additional escrow instruction to Escrow Holder that are consistent with this Agreement. Lessor will pay the escrow fees of Escrow Holder. Promptly after the opening of the Escrow, Lessee shall execute, acknowledge and deliver to Escrow a quitclaim deed in the form attached hereto as Exhibit "C" (the "QC Deed"), and Lessor shall execute and deliver to Escrow the Certificate of Acceptance attached thereto. 5. Survival of Lessee Obligations., Condition of the Premises. Lessee's obligations under the Lease that shall have arisen prior to the termination of the Lease shall survive the termination of the Lease. Lessee shall not alter or remove any improvements or FF&E, and shall deliver the Premises and FF&E free of all liens, encumbrances and occupants. 6. Waiver of Relocation Assistance/Benefits. In consideration of the payment described in Section 3, Lessee agrees that Lessor shall have no obligation to provide assistance in connection therewith under any federal or state relocation laws, regulations or guidelines, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines. In connection therewith, and to the fullest extent permitted by law, Lessee further agrees that Lessor shall be, and hereby are, fully and forever released from any and all claims and liabilities, whether direct or indirect, known or unknown, foreseen or unforeseen, that have arisen, or that may arise, in connection with any relocation. By such release, Tenant expressly waives the provisions of California Civil Code Section 1542 that provide: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF -2- 11086-000111460572v2.doc KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." and all similar provisions or rules of law. Lessee understands that, by waiving these provisions, Lessee waives the right to make claims against Lessor for matters pertaining to any relocation that are presently unknown or unanticipated. Lessee hereby expressly agrees to pay any and all costs and expenses incurred by Lessee in connection with the relocation of its business and any other business from the Premises. Lessor has agreed to give Lessee material consideration in exchange for Lessee's waiver, release and agreements in this Section. Lessee and Lessor have each initialed this Section to indicate their acceptance of each and every provision hereof. The provisions of this Section shall survive the termination of the Lease. LESSOR LESSEE 7. Entire Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreement and discussion. 8. No Waiver. The waiver of any provision of this Agreement must be in writing and signed by the party providing such waiver. The waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision of this Agreement. Acceptance of performance after the due date of such performance shall not be deemed to be a waiver any preceding breach of any provision of this Agreement, regardless of the accepting party's knowledge of such preceding breach at the time of acceptance of such performance. The parties further acknowledge and agree that if and to the extent that either party does not require the other to strictly comply with the covenants, agreements and obligations contained herein, such action or inaction shall not constitute a waiver of, or otherwise affect or prejudice in any manner, either party's present or future rights, remedies, benefits or powers, including the right to require performance of such covenants, agreements and obligations strictly in accordance with the terms and provisions of this Agreement. 9. Severability. If any court of competent jurisdiction determines any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be deemed severed from the rest, which shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof. 10. Headings; Modifications. The headings in this Agreement are for the convenience of reference only and shall not limit or otherwise affect the meaning hereof. No provision of this Agreement may be changed, discharged, supplemented, terminated or waived except in a writing signed by the parties hereto. 11. Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. -3- 11086-000111460572v2.doc 12. Counterparts; Facsimile/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instnunent. Facsimiles and emailed copies of this Agreement may be executed and may be delivered by facsimile or email. 13. Goveming Law; Jurisdiction. The terms and conditions of, and the rights and obligations under, this Agreement shall be construed and enforced in accordance with, and govemed by, the local laws of the State of Califomia. Lessee hereby submits to the jurisdiction of the Superior Court of the State of Cal ifomia in Riverside County and agree that any dispute regarding the interpretation or enforcement of, or any other matter relating to, this Agreement shall be determined in and by such court. 14. Time of Essence. Time is of the essence of each provision hereof in which time is a factor. 15. Authority. Each party represents to the other that this Agreement has been duly authorized by it and that the person executing this Agreement on behalf of it is duly authorized to do so. 16. Further Assurances. Upon request of Lessor, Lessee shall execute and deliver any other documents or instruments deemed necessary or desirable by Lessor in good faith to effectuate the transaction described herein, including, without limitation, a bill of sale for the FF&E or portions thereof, assignments of utility or other service contracts and assignments of warranties. IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the day and year first set forth above. LESSOR: ATTEST: Susan Jones, City Clerk LESSEE: 11066-0001 \146057M.doc CITY OF TEMECULA, a Califomia municipal corporation By: Chuck Washington, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney PB YMCA OF RIVERSIDE CITY AND COUNTY, INC., a Califomia nonprofit corporation By: Print Name: Title: EXHIBIT "A" DESCRIPTION OF LEASED LAND THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT MAP ON FILE IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY MARGARITA ROAD; THENCE SOUTH 34°54'52" WEST, 317.50 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55°05'08" EAST, 116.50 FEET; THENCE SOUTH 06°24'52" WEST, 49.50 FEET; THENCE SOUTH 68°24'52" WEST, 179.50 FEET; THENCE NORTH 55°05'08" WEST, 91.05 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 14; THENCE NORTH 34°54'52" EAST, 193.18 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING. CONTINAING 28,700.55 SQUARE FEE OR .611 ACRES MORE OR LESS. 11086-000111460572v2.doc EXHIBIT "B" FORM OF BILL OF SALE AND ASSIGNMENT OF CONTRACTS AND WARRANTIES (Attached.) 11086-000111460572v2.doc EXHIBIT "C" FORM OF QUITCLAIM DEED (AND CERTIFICATE OF ACCEPTANCE) (Attached.) 11086-000111460572v2.doc BILL OF SALE and ASSIGNMENT OF CONTRACTS AND WARRANTIES THIS BILL OF SALE AND ASSIGNMENT OF CONTRACTS AND WARRANTIES (this "Agreement") is executed as of May 22, 2012, by YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California nonprofit corporation ("Assignor") in favor of the CITY OF TEMECULA, a municipal corporation ("Assignee"). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor hereby agrees as follows: 1. Assignor hereby sells, bargains, grants, conveys and assigns to Assignee all of Assignor's right, title and interest in and to all furnishings, machinery, equipment, goods, supplies and all other articles of personal property of every nature and kind, as identified on Exhibit B, owned by Assignor (collectively, the "Personal Property") located at or used or usable in connection with the ownership or operation of the land in the City of Temecula, County of Riverside, State of California described on Exhibit A attached hereto and/or the improvements thereon. 2. Assignor hereby covenants and warrants to Assignee, its successors and assigns, that (a) Assignor is the lawful owner of the Personal Property, (b) Assignor has full right, power and authority to sell and transfer the Personal Property as provided herein, and (c) the Personal Property is being transferred free and clear of all liens, encumbrances, security interests and adverse claims. 3. Assignor represents and warrants that Assignor has delivered to Assignee the original copies of all warranties in Assignor's possession or control relating to the land or improvements. Assignor also hereby conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in and to all such warranties. 4. Assignor shall indemnify, defend and hold harmless Assignee, and its successors and assigns, from and against any and all claims, liabilities, losses, costs, expenses, or damages suffered by Assignee arising out of or in connection with Assignor's obligations under any and all warranties and contracts relating to the land or improvements. -1- 11086-000711446033v1.doc IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ASSIGNOR: YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California nonprofit corporation By: Print Name: Title: -2- 11086-000711446033v1.doc EXHIBIT A LEGAL DESCRIPTION OF LAND THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT MAP ON FILE IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY MARGARITA ROAD; THENCE SOUTH 34°54'52" WEST, 317.50 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55°05'08" EAST, 116.50 FEET; THENCE SOUTH 06°24'52" WEST, 49.50 FEET; THENCE SOUTH 68°24'52" WEST, 179.50 FEET; THENCE NORTH 55°05'08" WEST, 91.05 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 14; THENCE NORTH 34°54'52" EAST, 193.18 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING. CONTAINING 28,700.55 SQUARE FEE OR .611 ACRES MORE OR LESS. 11086-000711446033v1.doc EXHIBIT B PERSONAL PROPERTY Number of Fitness Equipment Pieces Item Description (Strength) (weights) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11086-000711446033v1.doc Matrix Chest Press Matrix Shoulder Press Matrix Rear Delt/Fly Matrix Lat Pull Matrix Seated Row Matrix Arm Curl Matrix Triceps Extension Matrix Abdominal Matrix Dip/Chin Assist Matrix Leg Press Matrix Leg Extension Matrix Seated Leg Curl Matrix Functional Trainer- 400 lb MF: back Ext Bench MF; Multi Adjustable Bench 10pr Dumbbell Rach Dumbell St. Ure Plate & Cap (Cardio) 13 Television 7" inch Matrix 1 Television 7" inch Matrix 6 Treadmill 2 Ascent Trainer 3 Elliptical 3 Bike Hybrid Office Equipment 3 chairs 2 computers 1 printer 1 refrigerator 35 office supplies 1 36" Flat Screen Television Lobby 10 leather chairs 4 end tables 4 light fixtures 1 white board with Easel 1 DVD Player with Remote 6 Phone System 1 Black Kiosk 2 Large Bulletin Boards 2 Small Bulletin Boards Membership Office 2 Desks / one with a return 1 Desk top computer 2 HP printers 1 Book Shelf 1 Wood Filing cabinet 1 Safe 2 Office Chairs 1 Bolt Cutter (for pad lock removal on lockers) 11086-000711446033v1.doc Pool Deck 24 Kickboards 6 Pull Bouys 16 Lifejackets (various sizes) 9 Dive Rings 3 Rubber Ducks 5 Guard/ Rescue Tubes 2 Microwaves 1 Mini Fridge 3 Rolling chairs 2 Beach Umbrellas 3 Large Trash Cans 1 Trash Can (office size) 1 Wooden Filing Cabinet 1 AED American Red Cross First Aid Guard Fanny 4 Packs 14 Deck Chairs 5 Pool Covers 1 Pool Cover Rack 1 Lane Line Carrier 3 Lane Lines Custom-made Hand Rail Slip Resistent Rail 5 Covers 1 Pool Hook 1 Pool Brush 1 Backboard 1 Swimming Net 28 Aquacise Paddles 1 101bs. Diving brick 45 Noodles 1 Swim Clock 1 ADA Chair Lift 1 Hose Container 1 Hose 1 BVM Bag 6 Walkie Talkies and Charging Unit 1 Pool Signage (no diving/ running, etc.) Pool Cleaning/ Maintenance 1 ACID (5 Gallons) 1 Liquid Chlorine (5 gallons) 1 40 Chlorine Tablets 11086-000711446033v1.doc 1 Vaccum/ Hose 1 Storage Bin 1 Testing Chemicals and Back Supply 1 Shelf (for outdoor equipment) Kidzone 2 Tables 7 Small Chairs 1 Cubed Wooden Storage Cubby 2 Cabinets 1 Bookcase 40 Storage Bins filled with Toys 2 Bulletin Boards 2 Baby Seats 1 Porta Crib 1 Large Rolling Storage Cabinet Janitorial Closet 2 Shelving Units Back Patio 2 Picnic Benches 1 Canopy Group Exercise Room 1 Weight Rack 22 2 lbs. Weights 16 3 lbs. Weights 16 5 lbs. Weights 13 8 lbs. Weights 11 10 lbs. Weights 5 4 lbs. Weights 44 Elastic Bands (for strength training) 16 Yoga Mats 10 Steps 48 Step foundations 4 Reebok Step Systems 7 Yoga/Pilates Balls 1 Stereo with Surround Sound and 4 Speakers 2 Fans 11086-000711446033v1.doc Fitness Room 1 6 Storage Rack Keiser Spin/Indoor Cycling Bikes extras 15 Purple Silver Sneakers Chairs 6 Rubbermaid Portable Tables 21 Rubbermaid Folding Chairs 2 Dust Mops 11086-000711446033v1.doc 11086-000711446033v1.doc Exhibit C RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attn: City Clerk APN: portion of 921300006 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to California Government Code Section 6103 QUITCLAIM DEED The undersigned grantor declares that documentary transfer tax is $0.00 because this transaction is exempt from documentary transfer taxes under California Revenue and Tax Code Section 11922 (conveyance to a public entity). FOR A VALUABLE CONSIDERATION, YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California nonprofit corporation, hereby GRANTS to the CITY OF TEMECULA, a municipal corporation, the land located in the City of Temecula, County of Riverside, State of California described on Exhibit "A", and all improvements and fixtures thereon. YMCA OF RIVERSIDE CITY AND COUNTY, INC., a California nonprofit corporation By: Print Name: Title: -1- 11086-000711446039v1.doc State of California County of Los Angeles On May , 2012, before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -2- 11086-000711446039v1.doc EXHIBIT "A" DESCRIPTION OF LAND THAT PORTION OF PARCEL 14 OF TRACT MAP 3334, AS SHOWN ON A TRACT MAP ON FILE IN BOOK 54 AT PAGES 25 THROUGH 30, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY MOST CORNER OF PARCEL 14 AS SHOWN ON SAID MAP, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY MARGARITA ROAD; THENCE SOUTH 34°54'52" WEST, 317.50 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE OF SAID PARCEL 14, SOUTH 55°05'08" EAST, 116.50 FEET; THENCE SOUTH 06°24'52" WEST, 49.50 FEET; THENCE SOUTH 68°24'52" WEST, 179.50 FEET; THENCE NORTH 55°05'08" WEST, 91.05 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 14; THENCE NORTH 34°54'52" EAST, 193.18 FEET ALONG THE WEST LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING. CONTINAING 28,700.55 SQUARE FEE OR .611 ACRES MORE OR LESS. 11086-000711446039v1.doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to the City of Temecula by that certain Quitclaim Deed dated June 2012, executed by the YMCA OF RIVERSIDE CITY AND COUNTY, INC., is hereby accepted by the undersigned officer on behalf of the City of Temecula pursuant to the authority conferred by resolution of the City Council of the City adopted on May 22, 2012, and the grantee consents to recordation thereof by its duly authorized officer. Dated: May , 2012 Print Name: Title: 11086-000711446039v1.doc Number of Items Item Description Office Equipment 3 chairs 2 computers 1 printer 1 refridgerator 35 office supplies 1 36" Flat ScreenTV Lobby 10 leather chairs 4 end tables 4 light fixtures 1 white board with Easal 1 DVD Player with Remote 6 Phone System 1 Black Kiosk 2 Large Bulletin Boards 2 Small Bulletin Boards Membership Office 2 Desks / one with a return 1 Desk top computer 2 HP printers 1 Book Shelf 1 Wood Filing cabinet 1 safe 2 office Chairs 1 Bolt cutter for pad lock removal on lockers Pool Deck 24 Kickboards 6 Pull Bouys 16 Various Sizes/ Lifejackets 9 Dive Rings 3 Rubber Ducks 5 Guard/ Rescue Tubes 2 Microwaves 1 Mini Fridge 3 Rolling chairs 2 Beach Umbrellas 3 Large Trash Cans 1 office sized trash can 1 Wooden Filing Cabinet 1 AED 4 American Red Cross First Aid Guard Fanny Packs 14 Deck Chairs 5 Pool Covers 1 Pool Cover Rack 1 Lane Line Carrier 3 Lane Lines 5 Custom made hand rail slip resistent rail covers 1 Pool Hook 1 Pool Brush 1 Backboard 1 swimming net 28 Aquacise paddles 1 10Ibs. Diving brick 45 noodles 1 swim clock 1 ADA chair lift 1 Hose container 1 Hose 1 BVM Bag 6 Walkie talkies and charging unit 1 Pool Signage (no diving/ running, etc.) Pool Cleaning/ Maintenance 1 5 gallons of ACID 1 Liguid Chlorine 5 gallons 1 40 Chlorine Tablets 1 Vaccum/ Hose 1 Storage Bin 1 Testing Chemicals and back supply 1 Shelf for outdoor equipment Kidzone 2 tables 7 small chairs 1 Cubed Wooden Storage Cubby 2 Cabinets 1 Bookcase 40 Storage bins filles with toys 2 Bulletin Boards 2 Baby Seats 1 porta crib 1 Large Rolling Storage Cabinet Janitorial Closet 2 shelving units Back Patio 2 picnic benches 1 Canopy Group Exercise Room 1 Weight Rack 22 2 lbs. weights 16 3 lbs. weights 16 5 lbs. weights 13 8 lbs. weights 11 10 lbs. weights 5 4 lbs. weights 44 Elastic Bands for strength training 16 yoga mats 10 steps 48 Step foundations 4 Reebok Step sysems 7 Yoga/ pilates balls 1 Stereo with Surround Sound and 4 speakers 2 Fans Fitness Room 1 6 Storage Rack Keiser Spin/ Indoor cycling bikes extras 15 Purple Silver Sneakers Chairs 6 Rubbermaid portable tables 21 Rubbermaid folding chairs 2 Dust mops DEPARTMENTAL REPORTS Item No. 28 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Robert C. Johnson, City Manager DATE: May 22, 2012 SUBJECT: City Council Travel/Conference Report - April 2012 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On April 3, 2012 Council Member Ron Roberts traveled to Los Angeles, CA to attend the Southern California Association of Governments' Executive/Administration Committee meeting, and Regional Council meeting. On April 9, 2012, Council Member Ron Roberts traveled to Daisen, Japan to visit our sister city. ATTACHMENTS: Meeting Agendas SOUTHERN CALIFORNIA 144*, ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 wwwscag.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 McCalon, 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. 538 MEETING OF THE REGIONAL COUNCIL PLEASE NOTE DATE, TIME & LOCATION Wednesday, April 4, 2012 1:00 p.m. — 4:00 p.m. Westin Bonaventure Hotel San Francisco/Sacramento Ballrooms 404 S. Figueroa Street Los Angeles, CA 90071 (213) 624-1000 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�scaq.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on -demand at www.scaq.ca.gov/scagty Agendas & Minutes for the Regional Council are also available at: www.scag.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 Tribal Government representative within Southern California. 7.1.11 REGIONAL COUNCIL AGENDA APRIL 4, 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) ACTION ITEM Page No., 1. Draft Conformity Re -determination for 2012-2035 Regional Attachment 1 Transportation Plan (RTP) with New South Coast Ozone Emission Budgets, (Hasan Ikhrata, Executive Director) Recommended Action: Authorize staff to release for 15 -day public review SCAG's Draft Conformity Re -determination for the 2012-2035 RTP with New South Coast Ozone Emission Budget for the South Coast Air Basin. COMMITTEE REPORTS/ACTION ITEMS Bylaws and Resolutions Committee (Hon. Greg Pettis, Chair) 2. Additional Proposed Bylaws Amendment Attachment 7 Recommended Action: That the Regional Council review an additional change to the SCAG Bylaws proposed by SCAG First Vice - President Glen Becerra. This change was recommended for approval by the Bylaws and Resolutions Subcommittee on March 28, 2012, and if approved by the Regional Council, will be presented to the General Assembly on April 5, 2012. SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS I REGIONAL COUNCIL AGENDA APRIL 4, 2012 COMMITTEE REPORTS/ACTION ITEMS — continued Page No. Joint Policy Committees (CEHD, EEC, and TC) Report (Hon. Pam O'Connor, Chair) 3. Proposed Final Program Environmental Impact Report (PEIR) for the Attachment 37 Proposed Final 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Recommended Action: Adopt Resolution No. 12-538-1, certifying the Final Program Environmental Impact Report (PEIR) for the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and adopting Findings, a Statement of Overriding Considerations (SOC) and a Mitigation Monitoring and Reporting Program (MMRP) associated with the Final PEIR. The recommendation approved by the Policy Committees on March 21, 2012, includes additional language regarding fuel technology along with minor administrative edits. The recommendation further authorizes the Executive Director to make any necessary administrative changes after Regional Council certification, and to provide public notice and circulation of the Final PEIR as required by law. The PEIR Document can be viewed at: http://rtpscs.scag.ca.gov/Pages/Proposed-Final-2012-PEIR.aspx 4. Proposed Final 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Recommended Action: Adopt Resolution No. 12-538-2, approving the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), including the associated Conformity Determination and the associated Consistency Amendment #11-24 to the 2011 Federal Transportation Improvement Program (FTIP) and forward them to the applicable federal and the state agencies for their review and approval. The RTP/SCS Document and Public Comments with Responses can be viewed at: http://rtpscs.scag.ca. gov/Pages/Proposed-Final-2012-2035-RTP- SCS.aspx SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ll Attachment 155 REGIONAL COUNCIL AGENDA APRIL 4, 2012 COMMITTEE REPORTS/ACTION ITEMS — continued Page No. 5. Implementation Actions: Post Regional Transportation Plan/Sustainable Attachment 184 Communities Strategy (RTP/SCS) Adoption Recommended Action: That the Regional Council approve and direct staff to proceed with follow-up actions as part of the implementation of the 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) as the necessary revenues are identified. Specifically, these follow-up actions are reflected in the attached document from Move LA and several public health and active transportation organizations. The Policy Committees, at its joint meeting held on March 21, 2012, reviewed the attached follow-up actions and recommended that the Regional Council approve staff working with the affected Policy Committees regarding these actions on post -adoption of the RTP/SCS. Should additional revenues be identified, staff would return to the Regional Council for consideration of amendments to the 2012-2035 RTP/SCS as appropriate. FUTURE AGENDA ITEM(S) CLOSED SESSION ITEM Public Employee Performance Evaluation: Government Code Section 54957 (b) Title: Executive Director ADJOURNMENT The next meeting of the Regional Council will be held on Thursday, May 3, 2012, at the SCAG Los Angeles Office. SOUTHERN CALIFORNIA I ASSOCIATION of GOVERNMENTS 111 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 Beat Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glaab, Laguna Niguel MEETING OF THE EXECUTIVE/ADMINISTRATION COMMITTEE PLEASE NOTE DATE, TIME & LOCATION Wednesday, April 4, 2012 11:30 a.m. — 12:30 p.m. Westin Bonaventure Hotel 404 S. Figueroa Street Beaudry B Conference Room Los Angeles, CA 90017 (213) 624-1000 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.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. 7.1.11 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA APRIL 4, 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. PRESIDENT'S REPORT EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata, Executive Director) CONSENT CALENDAR Page No. Approval Item Minutes of the March 1, 2012 Meeting Attachment 2 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 The next regular meeting of the Executive/Administration Committee will be held on Thursday, May 3, 2012 at the SCAG Los Angeles Office. i SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 2012 Spring Visit Itinerary Sister City Exchange Program Day 1. April 9, Monday 11:08 am- Leave San Francisco for Osaka -Kansai (KIX) by United 885 Day 2. April 10, Tuesday 3:15 pm- Arrive at KIX *Immigration, customer procedures and currency exchange at airport 5:05 pm- Leave KIX for Osaka downtown by airport shuttle bus 6:20 pm- Check-in the hotel Relax yourself in the room or enjoy strolling around under -ground passage shops, department stores and dinner (cost average:$30-$45) in Osaka downtown Day 3. April 11, Wednesday 7:00 am- Breakfast at the hotel restaurant 7:45am- Hotel check-out and head for Osaka sanbangai central bus station by taxi 8:20 am- Leave Osaka for Daisen-Nakayama by express bus #50 *The reserved seats are provided 11:55 am- Arrive at Mizoguchi bus stop and transfer to restaurant by mini van 12:30 pm- Welcome luncheon at French restaurant Cerfeuil Meet with Mayor Mr. Morita, council chairman Mr. Noguchi, chairman of Nakayama International Exchange Association Mr.Hirafuku and Daisen town staffs 2:00 pm- Half day community tour in Daisen-Nakayama area Visit Daisen milk farm (Daisen Makiba Milk no Sato), Daisen Museum of Nature and History, Daisenji-Temple and drive through Hitoiki-toge pass and Houon-toge pass row of cherry blossom trees to Nakayama area 4:00 pm- Visit Mr. Shimoike's and Mr. Maruoka's graves 5:30 pm- Meet host family at Nakayama branch office Day 4. Apri112, Thursday 8:30 am- Meet at Nakayama branch office and transfer to Daisen Town Hall by mini van 8:45 am- Meet with Mayor Mr. Morita, council chairman Mr. Noguchi, assistant mayor Mr. Konishi, superintendent of Daisen schools Mr. Yamane and Daisen town staffs *Speech and gift exchange 9:00 am- Head for Nakayama-Furusato Forum zone 9:20 am- Visit Shikisaien park (Sister City 10th Anniversary Cherry Blossom Trees Park), Nakayama Public Library, Temecula House and NASPAL 10:25 am- Head for Nakayama Junior High School 10:30 am- Meet with principal Mr. Takahashi and campus tour 11:30 am- Head for Tottori 1:00 pm- Lunch at the Japanese and French modern restaurant Chez -Hiro 2:00 pm- Head for Sanin Kaigan National Park- 2:30 pm- Visit Uradome coast in Sanin Kaigan National Park Uradome Coast - This jagged coastline was voted one of "Best 100" coastlines. Know for its stunning rugged cls and caves (shaped by violent waves) and green pine on rocky surfaces. Uradome is also known for its sections of calm and clear waters with white sandy beaches. 2:45 pm- Uradome pleasure boat tour *provides a 45 minutes sightseeing around small islands andjagged coastline 3:45 pm- Head for Daisen 5:30 pm- Meet host family at Nakayama branch office Day S. April 13, Friday Full day excursion in Matsue and Yonago area 8:30 am- Meet at Nakayama branch office and transfer to Matsue by mini van 9:45 am- Visit Adachi Museum of Art *U.S. Magazine ranks Adachi Museum Garden at number one for ninth consecutive year! Set in a beautiful natural environment, Adachi Museum of Art is well known for both its superb Japanese gardens and its collection of contemporary Japanese paintings, comprising approximately 1,500 of the country's most highly regarded paintings produced after the Medi period and centering on the works of Yokoyama Taikan. 11:00 am- Lunch at the Japanese restaurant Chikuyo 12:00 pm- Head for Matsue 12:45 pm- Visit Matsue-Horikawa moat 1:00 pm- I-lorikawa river pleasure boat tour (45 min.) The llorikawa Sightseeing Boat trip takes you along the many moats and canals that flow through the city's narrow streets. On the trip you pass under 16 bridges and the boatman sings local folksong. It is a pleasani way to pass 45 minutes and see the city from a different angle in any season. 2:00 pm- Head for Daikonshima island 2:45 pm- Visit Yushien Japanese Garden in Daikonshima island Garden with many beautiful flower blooming as the season go around. The sylvan leaves provide the flowers with greater impact and the garden warms your heart with the lilting fragrance of/lowers. Take some time to appreciate the feel of the differingfour seasons in Japan by enjoying the profusion of flowers blooming. 4:10 pm- Head for candy factory 4:55 pm- Visit Kotobuki castle candy factory *tasting and shopping 5:20 pm- Head for Nakayama Friendship House 6:00 pm- Friendship party held by Nakayama International Exchange Association members at Friendship House *Speech and gift exchange 8:00 pm- Go home with host family Day 6. April 14, Saturday All day free with host families "Family Fun Day" Day 7. April 1 S, Sunday 8:00 am- Goodbye to Daisen-Nakayama people and head for Mizoguchi bus stop by mini van 9:12 pm- Leave Mizoguchi bus stop for Osaka by express bus #53 *The reserved seats are provided 12:45 pm- Arrive at Osaka-sanbangai central bus station and transfer to the hotel by taxi 1:15 pm- Pre Check-in the hotel and lunch (cost average:$20-$35) *After 2:00 pm for Hotel check-in Relax yourself in the room or enjoy strolling around under -ground passage shops, department stores and dinner (cost average:$30-$45) in Osaka downtown Day 8. April 16, Monday 7:00 am- Breakfast at the hotel restaurant Two day excursion in Hida-Takayama and Shirakawa-go folk village area 8:20 am- Hotel check-out *Please pack your belongings for are night trip and leave the rest o/your luggage you won't need for this short trip at the cloak room of the hotel 8:30 am- Head for JR Osaka central station by walk 9:00 am- Leave Osaka for Shin -Osaka by local train 9:15 am- Arrive at Shin -Osaka bullet train station and transfer to Nagoya bullet train station *You can get sandwiches, lunch -benzo -box, snacks and soft drinks that you will have in the trains on the way to head for Takayama 9:31 am- Leave Shin -Osaka for Nagoya by bullet train #700-466 *The reserved seats are provided 10:33 am- Arrive at Nagoya bullet train station and transfer to Takayama station 10:48 am- Leave Nagoya for Takayama by limited express train-hida wide view liner #7 *The reserved seats are provided 1:12 pm- Arrival at Takayama and enjoy strolling around streets lined with old merchant shops and cafes Hida-Takayama - Takayama retains much of atmosphere of old Japan in the scenic Japan Alps. The whole Lown is museum -like, an elegant city of craftsmen famed for its streets lined with old merchant shops and sake breweries. The town village still stands on the east side of the Miyagawa river flowing through Takayama, and in the middle of it is Sanmachi, where Edo period houses remain. 4:20 pm- Leave Takayama for Takayama Resort Hotel and Spa by shuttle bus 4:50 pm- Check-in the hotel in Takayama and relax yourself in the room or enjoy the hotel hot springs at Spa Wing *Yukata robes are provided. When you arrive, you'll find a yukata in your room, so change into it to relax. 11:r easy for anyone to just put 11 on and tie the obi band. When its cold, wear the haori half -coat. "Hotel hot spring spa wing-onsen ", 5th floor (bo-no-yu or "overlooking bath') and 7th floor (Ten-no-yu or 'Sky bath) are dedicated to more than ten indoor and outdoor hot spring baths. The quality of the hot spring water used is low in alkaline properties and is most recommended for soothing the body and relieving muscle pain. 7:00 pm- Dinner at hotel restaurant, Rosiere *No drinks included Day 9. April 17, Tuesday 6:50 am- Breakfast at the hotel restaurant 7:50 am- Hotel check-out and head for JR Takayama station by shuttle bus 8:20 am- Arrival at JR Takayama station and walk to Nohi-Takayama bus station 8:30 am- Depart for UNESCO World Heritage site by tour bus #1 The reserved seats are provided Historic Folk Villages of Shirakawa-go and Ainokura-Gokayama - These villages are well known for their houses constructed in architectural style known as 'gassho-zukuri". The Gassho-zukuri, "prayer-hands construction" style is characterized by a thatched and steeply slanting roof resembling two hands joined in prayer. The design is exceptionally strong and, in combination with the unique properties of the thatching, allow the houses to withstand and shed the weight of the region's heavy snowfalls in winter. The houses are large, with three to four stories encompassed between the low eaves, and intended historically 10 house large extended families and an highly-efficient space for a variety of industries. The densely forested mountains of the region still occupy 96% of all land in the area, and prior to the introduction of heavy earth-moving machinery, the narrow bands offlat lands running the length of the river valley limited the area available for agriculture and homestead development. The upper stories of the gassho houses were usually set aside for sericulture, while the areas below the first floor were often used for the production of niter, one of the raw materials needed for the production of gunpowder. 9:45 am- Visit Gokayama and Ainokura folk village for exploring 11:25 am- Visit Shirakawa-go village view point and local style lunch at Japanese restaurant 12:15 pm- Visit Gassho-zukuri minkaen museum and Shirakawa-go village for exploring 2:OOpm- Transfer to Takayama bus station by tour bus 3:10 pm- Arrival at Nohi-Takayama bus station and walk to JR Takayama train station 'Buy snacks and soft drinks that you will have in the trains on the way back to Osaka 3:36 pm- Leave Takayama for Nagoya by limited express train-hida wide view liner #16 *The reserved seats are provided 6:05 pm- Arrive at Nagoya bullet train station and transfer to Shin-Osaka bullet train station 6:22 pm- Leave Nagoya for Shin-Osaka by bullet train #700-521 The reserved seats are provided 7:29 pm- Arrive at Shin-Osaka bullet train station and transfer to Osaka central station 7:45 pm- Leave Shin-Osaka for Osaka by local train 8:00 pm- Arrive at JR Osaka central station and walk to hotel 8:15 pm- Check-in the hotel and dinner (cost average:$30-$45) in Osaka downtown Day 10. April 18, Wednesday 7:00 am- Breakfast at the hotel restaurant Full day excursion to Ise-shima national park area and Mikimoto Pearl Island *Take drinks and snacks! 8:00 am-Head for JR Osaka central station by walk 8:22 am- Leave Osaka for Tsuruhashi by local train 8:46 am- Arrive at Tsuruhashi station and transfer to Toba 9:11 am- Leave Tsunihashi for Toba by limited express Ise-shima liner #5 *The reserved seats are provided 11:12 am -Arrive at Toba station and head for Mikimoto pearl island by taxi 11:50 am- Visit the celebrated Mikimoto pearl island to observe a demonstration of pearl cultivation and making of exquisite pearl jewelry, and women pearl divers at work.*Don't forget to take your passport for tax free shopping! Lunch at Mikimoto pearl island cafeteria (cost average: $20-$35) 12:15 pm- Enjoy watching the Ama's (Women peal divers) demonstration 2:10 pm- Head for Toba train station by taxi 2:35 pm -Arrive at Toba station 2:46 pm- Leave Toba for Kashikojima by local train 3:18 pm- Arrive at Kashikojima station and walk to Kashikojima pier 3:30 pm- Head for Ago bay national park sightseeing (50 min.) cruise 4:30 pm- Arrive at Kashikojima pier and walk to Toba station 5:02 pm- Leave Toba for Tsuruhashi by limited express -vista car *The reserved seats are provided *You can get snacks and soft drinks that you will have in the trains on the way back to Osaka 7:30 pm -Arrive at Tsuruhashi station and transfer to Osaka central station by local train 7:44 pm- Leave Tsuruhashi for Osaka by local train 8:05 pm- Arrive at JR Osaka central station and walk to hotel 8:20 pm- Arrive at the hotel and dinner (cost average:$30-$45) in Osaka downtown Day 11. April 19, Thursday 8:30 am- Breakfast at the hotel restaurant 10:00 am- Hotel check-out and free for last minutes' shopping 12:20 pm- Head for airport shuttle bus station by walk 12:45 pm- Leave Herbis-Osaka for KIX by airport shuttle bus 1:55 pm- Arrive at KIX and airline check-in 5:10 pm- Leave KIX for SFO by United 886 10:48 am- Arrive at San Francisco International Airport *Immigration and customer procedures Note Itinerary is subject to change without notice. The time schedule will be changed from April 1".2012. Accommodation Information Hotel in Osaka (4/10-4/11, 4/15-4/16, 4/17-4/19) *4 nights Dailchi Osaka Hotel 1-9-20 Umeda, Kitaku Osaka 530-0001 JAPAN Phone 06-6341-3411 Hotel in Takayama (4/16-4/17) *1 night Associa Takayama Hotel & Resort 1134 Echigo, Takayama Gifu 506-0033 JAPAN Phone 0577-36-0001 Home stay in Daisen-Nakayama (4/7-4/11) *4 nights Ron & Jeanne Roberts (Moriyasu Family) 120 Tsukazumi, Daisen Saihaku-gun, Tottori 689-3105 JAPAN Phone 0858-58-2872 Robin Gilliland (Takaki Family) 672 Tono, Daisen Saihaku-gun, Tottori 689-3333 JAPAN Phone 0859-53-3629 Item No. 29 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: May 22, 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 Department for the month of April, 2012: Economic Development News/Events • The Economic Development Division continues to welcome foreign investors to Temecula on a monthly basis. On April 4, City Staff met with a Chinese Investor looking to invest in the Truax project in Old Town. • Economic Development Staff continues to work on the Small Business Incubator Program. On April 12, Staff met with the Small Business Development Center (SBDC) to discuss establishing a Southwest Riverside SBDC Office in the Incubator building. • On April 18, Economic Development Staff attend the Southwest Riverside County Association of Realtors, Commercial Committee Meeting where City Manager Bob Johnson provided a brief overview of Temecula. • Mayor Chuck Washington and Economic Development Staff participated in the Temecula Valley Convention and Visitor's Bureau Familiarization (FAM) Tour on April 26. The Mayor gave a welcome to the group of 30 tourism professionals from outside the State and Country. Site Visits • April 5: Staff along with EDC and Chamber of Commerce representatives visited Strachota Insurance Agency, a full service insurance company that has been located in Temecula since 1979. The company offers personal insurance, commercial insurance and employee benefits. 1 • April 30: Staff along with EDC and Chamber of Commerce representatives met visited Pacific Barcodes, a labeling company that has been in Temecula since 1991. Pacific Barcodes services mostly the retail and manufacturing markets although they have an extensive contract with the Department of Defense. Meetings of Interest • April 11: Staff attended the EDC Marketing Committee Meeting located the EDC Offices. • April 18: Staff attended the Temecula Chamber of Commerce Membership Committee meeting and updated the group on upcoming special events and recently approved projects. • April 19: Staff attended the EDC Board of Directors Meeting located at Embassy Suites. • April 20: Staff met with US Export Capital to learn more about mezzanine level investor funds available to local businesses involved in exporting. • April 25: Staff attended the Chamber of Commerce Networking Breakfast. • April 25: Mayor Chuck Washington, Council Member Maryann Edwards and Staff attended the Truax Building ground breaking ceremony. 2 Item No. 30 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: May 22, 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 April, 2012. CURRENT PLANNING ACTIVITIES New Cases The Division received 52 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the monthof April. Special Projects & 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 ora general plan amendment. Some of the rnajorspecial projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital- This project was approved by the C ity Council CM January 22; 2008. On December 30, 2009 the applicantsubmitted 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, cutlfill operations began on June 21, 2011, and import operations began on June 30, 2011 and have been.com pleted,. The applicant obtained their 401 Perrnitfrorrithe 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 was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The first concrete deck pour occurred on May 1, 2012. A sign program for the hospital campus was submitted on March 6, 2012 and was approved on April 25, 2012. Staff mailed notices to the Los Ranchitos HOA and all property owners within Los Ranchitos on May 1, 2012 to notify the residents of extended construction hours (5 a.m. to 6 p.m.) from May 8 thru June 29, 2012. (FISK) • 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 MI G'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.envisionjefferson.orq 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. Staff provided a summary of the topics and public feedback that resulted from the first three visioning workshops at Planning Commission on March 21, 2012, and Community Services Commission and Old Town Local Review Board on April 9, 2012. The fourth visioning workshop was held on April 5, 2012. Approximately 30 people attended this workshop. The workshop included a presentation on mobility, transportation and complete streets within the Study Area and solicited community feedback through an interactive polling exercise. MIG facilitated the discussion of various visioning ideas related to these topics based upon the results from the polling exercise. The fifth Jefferson Avenue Study Area Visioning Workshop is scheduled for June 14, 2012 and will focus on Market Feasibility/Economics and present Alternative Development Scenarios for the Study Area. (RICHARDSON/WATSON/INNES/WEST/KITZEROW) • 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 a contract for a traffic and land use study 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.highway395corridorstudy.orq). The next series of workshops will focus on mixed-use and economic development. The workshop for the Cities of Temecula and Murrieta will be held on May 30, 2012 at the City of Murrieta Public Library. Workshops for Lake Elsinore and Wildomar have not been scheduled at this time. The Multi -Jurisdictional Corridor Plan for the Highway 395 Corridor 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 provided staff time to prepare studies 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 studied 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 became 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 was available for public review and comment from March 2, 2012 through April 2, 2012. On April 10, 2012, the City Council approved the draft Plan. Staff is preparing to submit the approved draft Plan for a 45 -day review and comment period by HUD beginning May 15, 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) Sustainability Program Activities • Energy Efficiency and Conservation Block Grant Activities - In March 2010, the City of Temecula was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) of 2009 to develop energy efficiency programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The grant ends on September 24, 2012 and all funds must be expended by this date. The following activities were identified to be funded with grant funds: the Adaptive Traffic Signal Synchronization Project, the Residential Energy Efficiency Loan Program, and the Traffic Safety and Bridge Lighting Retrofit Project. (WEST) • Adaptive Traffic Signal Synchronization Project — In August 2010, the City Council authorized the purchase and installation of the Adaptive Traffic Signal Synchronization equipment along the Winchester Road, Rancho California Road, Temecula Parkway and Jefferson Avenue corridors. The adaptive traffic signal synchronization system continuously analyzes and evaluates traffic data along the corridor and selects the most appropriate traffic signal timing, resulting in improved roadway operations and reduced fossil fuel consumption and vehicle emissions. The project was completed in August 2011. • Municipal Facilities Energy Retrofit Project— In December2010, the City completed a preliminary comprehensive energy survey of the Community Recreation Center (CRC). The preliminary survey evaluated energy conservation measures that could be made at the CRC. The CRC energy retrofit project involves the replacement of 13 outdated heating and air conditioning (HVAC) systems with high efficient HVAC systems, the installation of window tinting on west, east and south facing windows and the replacement of the existing light fixtures in the gymnasium with more efficient TSHO and T8 fixtures. The project also includes the implementation of server virtualization software for City computers. In March the installation of window tint and the replacement of HVAC systems began and are expected to be completed by the end of May, 2012. • Traffic Safety and Bridge Lighting Retrofit Project — In April 2012 the City authorized the use of EECBG funds to replace lower efficiency high pressure sodium lighting technology with more energy efficient induction lighting technology at 240 traffic intersections and bridges within the City of Temecula. The project will reduce energy consumption and save the City operational and maintenance costs. The annual savings to the City is estimated to be 313,170 kWh and $66,000. • Western Riverside Energy Leadership Partnership (Partnership) - The Partnership, consists of 11 WRCOG member cities and Southern California Edison (SCE) 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. The project is scheduled to be completed in October 2012. Staff is working on the following activities as part of the Energy Partnership. (WEST) • Municipal Facility Energy Benchmarking — This activity will establish the baseline performance of City facilities by assessing energy performance, water efficiency, and carbon emissions using Environmental Protection Agency's Portfolio Manager. Staff is collecting and inputting data in order to begin tracking facility performance. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies affecting operational decisions and energy efficiency measures. Work on this activity began in February 2012. • Energy Action Plan — This activity will establish policies and procedures to curtail energy use at City facilities based on energy data gathered and input into the Benchmarking activity. Work on this activity began in April 2012 • 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 has begun again with the participation in the Partnership. Data collection needed to quantify GHG emissions has begun and the first draft of the analysis is anticipated to be completed during the 4th quarter of 2012. • Solid Waste and Recycling — In January 2012, AB 341 was adopted establishing mandatory commercial recycling for business that generate four or more yards of trash per week, or for multi -family residential dwellings of 5 units or more, to arrange for recycling services beginning July 1, 2012. For cities and counties, AB 341 requires the implementation of a program which includes education, outreach and monitoring. In preparation of the new regulations, City staff and the City's Franchise Waste Hauler (CR&R) have met on several occasions during the last several months to develop the framework of a program that meets the intent of the new regulations. Additionally, CR&R has already been working with commercial and multi -family customers within the City to incorporate recycling into their waste hauling services. During the first year of implementation, CR&R and the City will work together to develop an educational and outreach program and work with additional businesses and multi -family customers to incorporate recycling into their business practices. The program will consist of direct contact with the top waste generating businesses, on-site waste audits, information posted on the City's website and Public Information Channel, printed materials for billing inserts, and with Business License renewals, and coordination with the Temecula Chamber of Commerce. The City and CR&R's efforts will be reported back to CalRecycle as part of the Annual Report, which is prepared annually by staff to meet the requirements of AB 939. Staff also assists with coordination and public outreach of the by Citywide Clean -Up, the Household Hazardous Waste Collection Event, and the Backyard Composting Workshop. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. The Backyard Composting Workshop will be held on Saturday May 12, 2012 at the Murrieta Public Library. Staff assists with public outreach by distributing flyers at City facilities and providing information on the Public Access Channel and the City's website. (WEST) Planning Agenda Report 4/1/2012 through 4/30/2012 1. Recently Approved APN # 922045033 • PA11-0255 Art Walk Major TUP ERIC JONES A Major Temporary Use Permit to allow Art Walks to be conducted within an existing parking lot in Old Town from 10 a.m. to dusk May 5th and 6th, September 8th and 9th, December 1st and 2nd of 2012 and March 2nd and 3rd of 2013. Project is located at 28677 Old Town Front Street (APN 922-045-033) Submitted Date Approved Date Sep 28 2011 Apr 13 2012 APN # • PA11-0281 American Life TPM 909370006 ERIC JONES A Tentative Parcel Map (Waived Final Map) application to subdivide one partially developed lot (18.79 acres) into two lots. The project is located at 42000 Zevo Drive (APN: 909-370-006) Submitted Date Approved Date Nov 3 2011 Apr 26 2012 • 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 Approved Date Jan 13 2012 TBD • PA12-0026 Taste of Temecula Valley APN # 922360001 DAWN ADAMIAK A Special Event 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 at 7am through Sunday, April 29th at 7a.m. Submitted Date Approved Date Feb 8 2012 Apr 5 2012 • PA12-0064 Rancho Community Church TUP APN # 959070018 ERIC JONES A Major Temporary Ues Permit for a spring fund raiser carnival to be held at Rancho Community Church located at 31300 Rancho Community Way on Friday April 20th from 5 p.m. - 9 p.m., Saturday April 21st and Sunday 22nd from 10 a.m. - 9 p.m. The carnival will include a talent show, kid's rides, an obstacle course, and carnival games (APN: 959-070-020). Submitted Date Approved Date Mar 272012 Apr 13 2012 1 of 4 Planning Agenda Report 4/1/2012 through 4/30/2012 2. Scheduled for Hearing APN # 959390009 • PA11-0178 Villages @ Paseo del Sol TTM2 CHERYL KITZEROW A Tentative Tract Map (No. 36212) to subdivide 15.98 gross acres into a one lot subdivision map for Condominium Purposes for 186 single-family attached units (90 rowhome units and 96 motorcourt units), located in Planning Area 6A of the Paloma del Sol Specific Plan at the southwest corner of De Portola Road and Meadows Parkway. Associated with Development Plan/Product Review application PA11-0180. (Note: this project replaces the withdrawn applications PA09-0209 & PA09-0210) Submitted Date Anticipated DRC Meeting Date Planning Commision Jun 29 2011 8/4/2011 May 2 2012 • PA11-0180 Villages @ Paseo del Sol DP2 APN # 959390009 CHERYL KITZEROW A Development Plan to construct 186 single-family attached units (90 rowhome units and 96 motorcourt units) with 3 floor plans and 2 elevation styles. Units range in size from 1,743 square feet to 2,582 square feet. Project site is located in Planning Area 6A of the Paloma del Sol Specific Plan at the southwest corner of De Portola Road and Meadows Parkway. Associated with Tentative Tract Map (No. 36212). (Note: this project replaces the withdrawn applications PA09-0209 & PA09-0210) Submitted Date Anticipated DRC Meeting Date Planning Commision Jun 29 2011 8/4/2011 May 2 2012 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 May 2 2012 • PA 12-0021 Ironfire Brewery CUP APN # 909372032 CHERYL KITZEROW A Minor Conditional Use Permit for Iron Fire Brewery to operate a beer manufacturing facility with incidental tasting room/sales located within an existing industrial building addressed as 42095 Zevo Drive. Proposed hours of operations are manufacturing, M -F 7 a.m.-9 p.m., and tasting room M -F 2 p.m. -8 p.m. and Sat -Sun 12 p.m. -8 p.m. Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 2 2012 May 2 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 Planning Commision Feb 21 2012 May 2 2012 2 of 4 Planning Agenda Report 4/1/2012 through 4/30/2012 3. New Submittals Pending DRC Meeting APN # • PA11-0119 Newpath Networks (Node TM -28) 959203024 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -28) in the City of Temecula right-of-way on the north side of Leena Way, 155' northeast of Campanula Way. Submitted Date Anticipated DRC Meeting Date Planning Commision Apr 19 2011 Jul 20 2011 • PA12-0059 Wiens Brewing Co. Minor CUP APN # 921040003 MATTHEW PETERS A Minor Conditional Use Permit to allow the Wiens Brewing Co. (existing ABC License Type 23) to open a 947 square foot retail and tasting area at their existing location at 27941 Diaz Rd, Suite A. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 21 2012 4/19/2012 TBD • PA12-0072 Goodlife Auto Sales Minor CUP APN # 921040013 STUART FISK A Minor Conditional Use Permit for Douglas Pearson to conduct retail sales of automobiles (indoor display only) in the Light Industrial zone at 43122 Via Dos Picos, Units D and E. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 11 2012 TBD APN # • PA12-0073 Crossroads CUP & MOD 910110042 ERIC JONES A Minor Conditional Use Permit and Minor Modification application to allow Crossroads Church to operate within an existing industrial building located at 26090 Ynez Road. The project will be constructed in two phases. Modifications include an expansion of on-site parking spaces and new doors for access to the structure (APN: 910-100-042) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 12 2012 TBD • PA12-0080 El Torito Cinco de Mayo TUP APN # 910470033 MATTHEW PETERS A Major Temporary Use Permit for El Torito's annual Cinco de Mayo celebration to take place at the vacant lot (APN: 910-470-032) located immediately south of the El Torito restaurant located at 40517 Margarita Road (APN: 910-470-033), on Saturday May 5 from 3:00 p.m. -midnight. Food and alcohol will be served and music will be provided by a DJ. 120 people are expected to attend this event and 12 private security guards will be provided. (Related Case PA11-0098) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 20 2012 TBD APN # • PA12-0081 Temecula Lanes Bowling Alley 909240002 ERIC JONES A Minor Conditional Use Permit to authorize a Type -47 ABC license for Temecula Lanes Bowling Alley, located at 27475 Jefferson Avenue (APN: 909-240-002). Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 20 2012 5/17/2012 TBD 3 of 4 Planning Agenda Report 4/1/2012 through 4/30/2012 APN # • PA12-0086 PDS PA38 TPM for WQMP 959390007 CHERYL KITZEROW A Tentative Parcel Map No. 36461, to subdivide 7.07 acres into 2 parcels within Planning Area 38 of the Paseo del Sol Specific Plan, located at the southwest corner of Campanula Way and De Portola Road. The lot split is required to create a separate parcel for the WQMP basin located at the western property line, as approved by the ACOE as part of the overall drainage plan for the Paseo del Sol development. No development is proposed on this commercially designated property. Mass grading of the site is proposed. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 26 2012 TBD • PA12-0088 Nordstrom Rack Store APN # 910470015 ERIC JONES Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 30 2012 TBD 4 of 4 Wil• • 1 /, �IIIII�''i'� _ � �I�1.- ♦ 11� I��J �lllll/// _� IIIII\ 1�1, �� -� __ 1111111 � � �I��►'/,/'/-„• /��-+1 1111111111 ■ �;,;III111�11111I I III.. �:.11111111111�II� 111 Avrairtoit .4 /44 4* „*\;e ►4ss4 p$9 opsivito selIiIhrimmirdi 441 IN* 1#4-411 r•1r o .. � • `°°��'/ ISI.' •nnr.i 11W. OITA AV 074,1P %toot t 4,01 Akr AORAP Aoli 0-01, Ar sall-Ange. •1.x1111111 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 31 Approvals City Attorney Director of Finance City Manager tar CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: May 22, 2012 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of April 2012. PATROL SERVICES Overall calls for police service 2,609 "Priority One" calls for service 54 Average response time for "Priority One" calls 5.75 Minutes VOLUNTEERS Volunteer administration hours 201 Special Events hours 299 Community Action Patrol (CAP) hours 919 Reserve officer hours (patrol) 132 Training hours 83 Total Volunteer hours 1,470 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 5/2 Residential/Business security surveys conducted 3/0 Businesses visited 4 Residences/Businesses visited for past crime follow-up 12/7 Station Tour 1 Planning Review Projects/Temp Outdoor Use Permits 3/6 Square Footage of Graffiti Removed 4,306 OLD TOWN STOREFRONT Total customers served 154 Sets of fingerprints taken 41 Police reports filed 19 Citations signed off 25 Car Seat Inspections 0 Total receipts $3,900.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 14 On sight misdemeanor arrests 14 Felony arrest warrants served 1 Misdemeanor arrest warrants served 12 Follow-up investigations 4 Parole/Probation Searches 6/45 Pedestrian Checks 39 Traffic StopsNehicle Checks 25 Crime Free Housing Checks 12 TRAFFIC Citations issued for hazardous violations 970 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 15 Non -hazardous citations 364 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 108 Neighborhood Enforcement Team (N.E.T.) citations 40 Parking citations 159 School Zone 129 Seatbelts 56 Cell Phone Cites 186 Injury collisions 24 INVESTIGATIONS Beginning Caseload 146 Total Cases Assigned 80 Total Cases Closed 76 Search Warrants Served 17 Arrests 9 PROMENADE MALL TEAM Calls for service 518 Felony arrest/filings 16 Misdemeanor arrest/filings 37 Traffic Citations 21 Fingerprints/Livescans 107 Total receipts $7,634.00 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 7 Reports 16 Youth counseled 108 Meetings 78 Item No. 32 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: May 22, 2012 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of April 2012. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor) DATE: May 7, 2012 SUBJECT: Monthly Activity Report - April, 2012 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of April, 2012: SIGNS A. Total signs replaced 78 B. Total signs installed 8 C. Total signs repaired 40 D. Banners Replaced 0 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under sidewalks D. Bowls V. RIGHT-OF-WAY WEED ABATEMENT 100 5,740 131.5 153 0 0 31 A. Total square footage for right-of-way abatement 4,400 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 767 New and repainted legends B. 235 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 0 Thermal Plastic E. 0 RPMs Installed 112 4,306 R:IMAINTAINIMOACTRPT Also, City Maintenance staff responded to 57 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 50 service order requests for the month of March, 2012. The Maintenance Crew has also put in 66.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of April, 2012 was $251 167.35 compared to $101,770.00 for the month of March 2012. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De LaTorre, Senior Engineer Jerry Gonzalez, Associate Engineer $ 53,028.00 $ 49,193.75 $148,945.60 Capital Improvements Land Development Traffic Division R:MAINTAIN\MOACTRPT SECOl .;; DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2011 - 2012 Date Submitted: Submitted By: Prepared By: 07 -May -12 GREG BUTLER RODNEY TIDWELL CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE 2ND HALF TOTALS YEAR-TO-DATE Asphalt Square Feet 0 0 0 0 0 0 Concrete Square Feet 0 0 0 0 0 0 Drainage Channels 0 1 0 3 4 4 TOTAL COSTS $0.00 $17,500.00 $49,543.00 $49,193.75 $116,236.75 $221,182.75 CONTRACT STRIPING Striping Linear Feet 0 0 0 0 0 0 Sandblasting Linear Feet 0 0 0 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 $148,945.60 $148,945.60 $148,945.60 TREE CONTRACTORS Trees Trimmed 611 1,090 1,055 1,123 3,879 3,879 Trees Removed 6 11 7 2 26 26 TOTAL COSTS $32,102.00 $55,446.00 $50,427.00 $53,028.00 $191,003.00 $191,003.00 R.O.W. SPRAYING Square Feet 520,000 520,000 520,000 TOTAL COSTS $28,725.00 $16,800.00 $1,800.00 0 $47,325.00 $105,833.00 CITY MAINTENANCE CREW Banners 94 80 95 0 269 854 Signs Replaced 27 93 107 78 305 749 Signs Installed 0 5 9 8 22 976 Signs Repaired 74 149 106 40 369 949 Catch Basins Cleaned 143 238 175 184 740 2,080 Trees Trimmed 119 310 40 100 569 1,187 R.O.W. Weed Abatement 0 8,400 5,600 4,400 18,400 64,060 New & Repainted Legends 244 358 525 767 1,894 3,682 After Hours Call Outs 56 35 212 67 370 1,131 Service Order Requests 51 34 50 57 192 540 Graffiti Removal - Sq Ft 4,847 1,922 1,989 4,306 13,064 34,697 TOTAL COSTS $25,858.34 $43,448.85 $50,591.62 $43,102.49 $163,001.30 $ 647,929.16 FtWAINTNNVFOAGRPTKAINT. WORK COMPLETED 1JAN. TO JUNE DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2011 - 2012 4thQUARTER Date Submitted: Submitted By: Prepared By: May 8, 2012 Greg Butler Rodney Tidwell SCOPE OF WORK WORK COMPLETED COST FOR APR. APR. 12 '12 WORK WORK COMPLETED COST FOR MAY COMPLETED COST FOR JUNE MAY '12 '12 JUNE'12 12 TOTAL COST FOR THIS FISCAL YEAR TOTAL COST FOR LAST FISCAL YEAR ASPHALT AC Square Footage: Tons: 5,740 $17,047.80 132 50.00 5108,179.28 50.00 $95,917.63 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: PCC Yards: 0 50.00 0 50.00 50.00 $0.00 $0.00 $0.00 STRIPING LINEAR FEET: 235 516.45 5562.10 $6,242.18 IN-HOUSE PAINTING LEGENDS: 767 56,136.00 $30,184.00 $27,488.00 SIGNS REPLACED Material: Labor: 78 53,900.00 52,058.42 $37,350.00 519,713.33 $41,500.00 $21,903.37 SIGNS INSTALLED Material: Labor: 8 $400.00 $211.12 59,800.00 $5,172.44 $5,100.00 $2,691.78 SIGNS REPAIRED Material: Labor: 40 52,000.00 51,055.60 $31,250.00 $25,044.11 $39,486.50 $15,965.95 GRAFFITI Square Footage: 4,306 DRAINAGE CHANNELS CLEANED Basins: Channels: 184 54,855.76 0 50.00 554,891.22 582,650.00 569,854.33 $177,505.50 IN-HOUSE TREES TRIMMED: 100 $2,639.00 $26,469.17 $26,812.24 SERVICE ORDER REQUESTS: 57 AFTER HOURS CALL OUTS: 67 $2,632.74 $44,716.91 $48,200.99 R.O.W. WEED ABATEMENT: 4,400 5149.60 $2,205.04 $2,332.84 TOTALS 543,102.49 5478,187.60 5581,001.31 R:IMAINTAIN\MOACTRPTISTREETMAINT APRIL, MAY, JUNE. STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 2012 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 03.15.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING TOTAL COST $ 34,787.00 Date: 03.31.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING TOTAL COST $ 12,410.00 Date: 04.15.12 # 5402 CITYWIDE ANNUAL TREE TRIMMING TOTAI. COST $ 5,831.00 CONTRACTOR: BECKER CONSTRUCTION INC. Datc: 04.03.12 # 5401 EMPIRE CREEK "OUTLET" REMOVE AND REPLACE GALVANIZED GATES TOTAL COST $ 6,445.00 Datc: 04.24.12 # 5401 PAUBA ROAD RETENTION POND REMOVE ALL SEDIMENT; RE -COMPACT EXISTING GRADES TOTAL COST $ 4,780.00 CONTRACTOR: PACIFIC STRIPING INC. Date: 04.06.12 # 99-5402 CITYWIDE ANNUAL STRIPING TOTAL COST $148,945.60 CONTRACTOR: RYAN MONTELEONE EXCAVATION Date: 04.04.12 # 540] VIA 1.000 CI IANNEL REMOVE ALL SEDIMENT AND DEBRIS FROM CHANNEL TOTAL COST $ 37,968.75 TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 49,193.75 $ 53,028.00 $148,945.60 R:IMAINTAIMMOACTRPT SQUARE FOOTAGE January February March April May June July August September October November December 4,847 1,922 1,989 4,306 CITY OF TEMECULA 2012 GRAFFITI REMOVAL TOTAL CALLS January 117 February 61 March 44 April 112 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 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC Totals for the Year To Date: May 1, 2012 Sq. Foot 13,064 Calls 334 SQ FT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April / May 2012 Prepared by: Amer Attar Submitted by: Greg Butler Date: 5/22/2012 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work, Contractor is gearing up of restarting work, which will be undertaken as the mainline utilities are installed & brought on line in April/May 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. Project is complete A ribbon cutting ceremony was held on 04/10/2012. 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 contract awarded 03/27/12 to Flatiron West, Inc. Notice To Proceed is anticipated JUNE 2012 pending utility relocations. Utility relocations began in OCT 2011 and are estimated to be complete in JUNE 2012. Roripaugh Ranch Street Improvements - Phase I Phase 1 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 Calle Chapos, a portion of MHSR, Calle Chapos, South Loop Road. The project will also complete utilities feeds to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Storm drain and underground utilities are completed. Placing of aggregate base and curb & gutter on Butterfield Stage is in progress. Paving is tentatively scheduled to start in June. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation 1 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. 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. Project currently under construction with completion scheduled for May 16th. 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 Notice of Completion will go before the TCSD Board of Directors on May 22, 2012. 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 complete. Acceptance of the project and filing of the Notice of Completion was approved by the City Council on 4/24/2012. Pavement Rehabilitation Program - Winchester Road This project rehabilitated Winchester Road between Roripaugh Road and Nicolas Road. The project is substantially complete. City Council accepted this project at the May 8, 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. Bid were opened on April 5, 2012. The apparent low bidder is American Asphalt South, Inc. Project was awarded at the May 8, 2012 City Council meeting. Pavement Rehabilitation Program - Margarita Road Project 2 This project will rehabilitate Margarita Road from Avenida Barca to Solana Way and will include rehabilitation of the Margarita Community Park parking lot. Pre -construction meeting was held on 4/25/12, construction is scheduled to begin 6/4/12. Community Recreation Center (CRC) Energy Management Retrofit 2 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 began on March 19, 2012 and progressing well. It is scheduled for completion 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 began on March 19, 2012 and progressing well. It is scheduled for completion by May 21, 2012. 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. Project was awarded to EBS General Engineering at the 04/24/12 City Council Meeting. 3 PROJECTS BEING ADVERTISED FOR BIDS CITYWIDE CONCRETE REPAIRS FY 2011-12 Project is currently being advertised for bids. Bid opening is scheduled for May 23, 2012. 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. The City Council will approved an agreement with Bonterra Consulting at the 03/27/2012 City Council meeting. Work on the environmental document is underway. 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. Caltrans' review of the RFA resulted in a request for additional information, which was submitted the week of 4/23/12. 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 95% PS&E (4th Submittal) submitted to Caltrans in May 2012. Acquisition process initiated in May 2012. 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. 5 French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Project Management Plan under Caltrans review. Aerial photogrammetry, and project control / ground surveys are under way. Applications for permits to conduct geotechnical investigations have been initiated. Preliminary geometrics 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 in May 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. 6 REQUESTS TO SPEAK 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. 51,3 d ) I wish to speak on Agenda Item No. e,t,� For Against ublic Comment Please note that all information presented at a City Council meeting becomes public record. All infi ration provided is optional. 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