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Home My WebLink About090908 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 I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 9, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. -Closed Session of the City Council pursuant to Government Cade Section: Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigatian. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigatian involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54959.9{c) to decide whether to initiate litigatian. 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: 08-10 Resolution: 08-85 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced Invocation: Rabbi Yitzchok Hurwitz from Chabad of Temecula Valley Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar 1 PRESENTATIONSIPROCLAMATIONS PTA Membership Month Proclamation Temecula Wine Month Proclamation, Certificates of Achievement to Wineries, and Presentation to Jim Carter Introduction to Human Services Manager Charles Walker PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 12, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adapt a resolution entitled: RESOLUTION NO. 08- 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 July 31, 2008 RECOMMENDATION 4.1 Approve and file the City Treasurer's Report as of July 31, 2008. 5 First Amendment to Agreement with Environmental Science Associates (ESA) for Splash Cannon Water Park Environmental Impact Report RECOMMENDATION: 5.1 Approve the First Amendment to the Agreement with Environmental Science Associates {ESA), in the amount of $119,900 for the continued effort of preparing an Environmental Impact Report (EIR) for the Splash Canyon Water Park, Planning Application No. PA08-0037. 6 Approve the Sponsorship Request and Agreement for the 2008 Temecula Fall Rod Run RECOMMENDATION: 6.1 Approve the sponsorship request and agreement for actual City support costs in the amount up to $38,350 for the 2008 Temecula Fall Rod Run and authorize the Mayor to execute the agreement. 7 Amendment No. 3 to the Cooperative Agreement with the Friends of the Temecula Children's Museum RECOMMENDATION: 7.1 Approve Amendment No. 3 to the Cooperative Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the support of the Temecula Children's Museum. 8 Award a Construction Contract for the Old Town Civic Center, Phase II; Project No. PW06- 07 RECOMMENDATION: 8.1 Award a construction contract for Project No. PV1106-07, the Old Town Civic Center, Phase I I, to Edge Development, Inc., in the amount of $31,555,500 and authorize the Mayor to execute the contract; $.2 Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount; 8.3 Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Secondary Designated Fund Balance Reserve for Economic Uncertainty RECOMMENDATION: 9.1 Receive and file this report regarding a Secondary Designated Fund Balance Reserve for Economic Uncertainty of $9.7 million. 10 Computer Equipment Purchase RECOMMENDATION: 10.1 Authorize the purchase of Hewlett Packard (H P) computer equipment for the total amount of $54,145.45, which includes shipping and applicable sales tax. 11 Reconveyance of four (4} Old Town parcels from the City to the Redevelopment Agency RECOMMENDATION: 11.1 Authorize staff to convey four (4) City owned properties in Old Town to the Redevelopment Agency: Formerly APN's 922-034-029, 030, 031, 032, 033, and 034, located along the north side of Main Street, west of Mercedes Street, and APN 922-044-019, 026, 027, and 029, located along the south side of Main Street, west of Mercedes; 1 1.2 Authorize the Executive Director to execute the Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of August 26, 2008. 13 Ratification of Election Results -Tract Map No. 23103-2 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON AUGUST 26, 2008, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 14 Professional Services Agreement Amendment -Bonterra Consulting -Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin Project No. PW05-13 RECOMMENDATION: 14.1 Approve the Third Amendment to the Agreement with Bonterra Consulting in an amount not to exceed $24,285 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project No. PW05-13; 14.2 Advance $24,285 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two {2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five {5} minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please came forward and state your name for the record RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of August 26, 2008. 16 Reconveyance of four (4) Old Tawn parcels from the City to the Redevelopment Agency RECOMMENDATION 16.1 Authorize staff to convey four (4) City owned properties in Old Town to the Redevelopment Agency: Formerly APN's 922-034-029, 030, 031, 032, 033, and 034, located along the north side of Main Street, west of Mercedes Street, and APN 922-044-019, 026, 027, and 029, located along the south side of Main Street, west of Mercedes; 16.2 Authorize the Executive Director to execute the Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. 17 Exclusive Negotiating Agreement with the RC Hobbs Company RECOMMENDATION: 17.1 Approve an Exclusive Negotiating Agreement between the Agency and the RC Hobbs Company. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing CITY COUNCIL BUSINESS 18 Agreement for Funding Acquisition of Open Space Property between Western Riverside County Regional Conservation Authority and the City of Temecula RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION 08- 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" CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, September 23, 2008, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well vNll be available the Friday before the City Council meeting after 4:00 PM. PROCLAMATIONS AND PRESENTATIONS N ~ ~ ~ G O .~ i~ ~ U p ~ ~ O N ~ ~ ~ ~ ~ ~ o a~ ~ ~u U ~ ~ k ~ N U -~ ~ ~ ~ ~ ~ `+~ o ~ v~ ~ ,~ ~A O N ~ ~ ~ M ~ ~ ~ ` ~ ~ ~ o p ~ '~ 'd ~ N '~' ~ ~ v~ ~ O ' ~ ~ ' ~ in oo ~ ~ -+-~ O Q W ~ ~, `z ~ N O d ~ ~ ~ ,~' W ~ =~ U ~d ,~ ~' o .~ ~ ~ ~ U x ,~ 5 - ~ ~ ~ ~ ~ ,-~ ~ ~ ~ a~ ~ ~ a ~ ° ' ~'~' rd ~ ~, a ~ w ~ z ~ ~ a~ ~ o ~ ~ 4~ Q M ~ <C '~ ~ ~ O r'' ~ ~ ~; rd +, ~ ~ v ?' O ~ ~ U ~ •..~ ~, ~ ~ .~ • ~ c~ ~ U N ~ G ~' ~ ~ ~ t~~ ~ ~ O " G Q 'd '~ ~ ~ ~ s~ '~ ~ ~ s , ~ ~ ' ~' ~ ' j a ' j ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U o N A b O ~ ~ a O ~ ~~ ~ U U ,~ ~ c O ~ U ' U ~ ~ ~ r, ;T ~., ~ r G r. ~ 'd ~ ~ ~ ~ ~ ~ ~, ~ O ~ N `~ ~ v ~ ~ ~' ~~ ~ ~ ~ ~ a~ a ~ ~ O ~ ~ ~ ~ U U er `~ . ~' ~ a~ ~ a~ a i ~ p .., an ~ ~ a ~, `~ ~ ~ ~ ~ ~ ~i ~ ~ ~ ~ ~ ~ v a~ ~ ~ ~ ~ ~ ~ ~ -~ ,~ o ~-' F-+ ~ ~ O w ,~ ~ ,~ ~ . o o f ~ ~ ~ ~ ~ ° ~ ° ~ ~ ~ ~, ~ ~ W n~ '~ W W ~ W ~ W ~ '~ W '~ W ~, W [x-~ ~ G4 G4 ~ G4 .~ Ix ~ .~? W W ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ o ~ p ~ ~ H ~ ~ ~ ~ , ~ ~ , ~ .~ ~ ~ ~ G ~ ~ ~ O ~ ~ ~, ~ 'd U .-~ G ~ . ~ ~ •~ ~ ~ ~ ~ a~ by ,~ a~ ,~ ~, ~, o i c i ,x ~ ~i ~ N +~ ~"~- ,-y • ,~ G ~ by ~ ~ '„~ sO, 4) ~ i ~ 'n U G ~ ~ U L~+' ~ ~ '. C~ G C~ ~ i ~ H ~ ~ i-i ~ U Q? '~ ,~' ~ a i ~. O N Z U ~ ~ a~ , O a ~ cu H G ~, ~ ~ ~ ~ ,~ ~ .,~ ~ a ~ ~ o n~ ~ ~ ~ o ~ ~ U U a~ w x~ ~ ~ ~ U ~ . ~ ~ ~ U o ~ U ~ ~ ~ ~ ~ ~ ~ O ~ ,~ ~ O 4--~ n r U g . ,~ N ~ ~ 1 O ~ ~ +~ W 'C Z O ~ . '} Q~ 1 . -~ . ,~ O '~' ~~ ~ O .~ O .~ ~ ~ ~ ~ ~ ~ ~ a s ' ~ ~ ~, U ~ C .3 4~ Q % ~ ~ ~ ~ ~ o ~, ~ ,~ x ~ ~ ,~ ~ ~ c ~ . ~ ,--~ ~ ~ ~ N _~ ~ ~ M y rn c~ O ,+-' ~ ~ ~ '~ c~ G ~ ~ `~ ~ a~ ~ ~ . o ~ a~ ~ • !'!y '~ ~ ~ ~ v~ '.~ r c'~'3 U U • ~ ~ ~ ~ ~ y ~, d ~ ~ ~; • ~ ~C o 0 0 N ~ ~ N ~ ~,-~ ~ ~ , j ~ ~ ~ O ~ N ~ N N ~ ~ s-i b~A ~~ ~ V ~ f~ b ~ ~ ~" ~ c ~ ~ O ~ ~ c~ '~ 5 ~ ~ ~, `~' yy ~ ~ ~ O ~ ~ ~ ~ ~ v G ~ '~ O ,~ ~ ~ / ~ ~ .~, O ~ ~ y .~ ~ .~ U ,~ ~~- ` ~ ~ H N O ~ ~ ~ ~ ~ ,~ j ~ O O (~ Q'j ~ ~ G by ~ O O bA Q G y N ~' " cu ~ a~ . ~ ~ ~ d ~ cxi (,~} ~ -' U~ ~ ~ -,3 c U ~ N ',~ ~ ~ ~ ~ G N W S W O W o °~' W ~ ~ ~ v W ~ W .-~ W ~ ~ W °~ ~ r~ ~ M M . ~ ~ taq ~ ~ ~ ~ G ~ ~-+ .~ ~'' ~- `t3 O ~ U + , O The City of Temecula Certificate of Achievement The City Council of the City of Ten2ecula coYnrnends the outstanding achie~e~zent of.• Bail min e~ ~ ~ fog receiving Best oe f' Class fog the 200 Cha~donnay Four award-winning wines pro~~ote and enrich the reputation of the Temecula galley as one of the finest wine growing regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk ~'it~ of Temecula Certificate of Achievement The City Council of the City of Ten2ecula cocrcrnends the outstanding achie~e~zent of.• Fa l~n e~ Win e~ fog receiving Double Gold fog the 20o41~le~itage and .Double Gold I Best of Class fog the 2006 ~'auvignon Blanc Your award-winning ~vit2es pro~zote and enrich the reputation of the Ten2ecLCla Valley as one of the finest wine growing regior2s in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk ~'it~ of Temecula Ce~t% ficate of Achievement The City Council of the City of Ten2ecula cocrcrnends the outstanding achie~e~zent of.• Ke Ewa s min e~ ~ ~ ~ fog receiving Double fold /Best of Class fog the 2407 ~''henin Blanca, 2007 Riesling, and the 2007 Sauvignon Blanc Your award-winning ~vit2es pro~zote and enrich the reputation of the Ten2ecLCla Valley as one of the finest wine growing regior2s in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk City of Temecula Ce~t% ficate of Achievement The City Council of the City of Temecula commends the outstanding achie~e~zent of.• La Ce~e,~a min e~ fog receiving Best of Class fog the 2007 ~iognie~ Yozcrnward-winning wines promote and enrich the reputation of the Temecula galley as one of the finest -~vir~e gro~vi~2g regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk City of Temecula Ce~t% ficate of Achievement The City Council of the City of Ten2ecula coYnrnends the outstanding achie~e~zent of.• Maurice ~'a~'~ie ~ine~ fog receiving Best oe f' Class f o~ the 20o71~luscat Canell% 2007 Saga Bella, and N~ ~Ieathe~'s Mist Four award-winning wines pro~~ote and enrich the reputation of the Temecula galley as one of the finest wine growing regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this iunth day of September, 2.QQ$. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk City of Temecura Ce~t% ficate of Achievement The City Council of the City of Temecula commends the outstanding achie~e~zent of.• Mount Palo~ta~ ~ine~ fog receiving .Best of Crass fog the 2004 S~~ah Yozcrnward-winning wines promote and enrich the reputation of the Temecula galley as one of the finest -~vir~e gro~vi~2g regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk ~'it~ of Temecura Ce~t% ficate of Achievement The City Council of the City of Ten2ecula coYnrnends the outstanding achie~e~zent of.• Stuart Cel~l'a~s fog receiving Double fold /Best of Class fog the 2006 Sy~ah Four award-winning wines pro~~ote and enrich the reputation of the Temecula galley as one of the finest wine growing regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this iunth day of September, 2.QQ$. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk City of Temecula Ce~t% ficate of Achievement The City Council of the City of Ten2ecula coYnrnends the outstanding achie~e~zent of.• Th o~nton min e~ fog receiving Best o' f' Class fog the 2405 Nebbiolo, Limited Release Four award-winning wines pro~~ote and enrich the reputation of the Temecula galley as one of the finest wine growing regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this iunth day of September, 2.QQ$. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk ~'it~ of Temecula Ce~t% ficate of Achievement The City Council of the City of Temecula commends the outstanding achie~e~zent of.• Filson ~'~eek ~ine~ fog receiving Double fold fog the 2005 Zinfandel Yozcrnward-winning wines promote and enrich the reputation of the Temecula galley as one of the finest -~vir~e gro~vi~2g regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk ~'it~ of Temecura Ce~t% ficate of Achievement The City Council of the City of Ten2ecula coYnrnends the outstanding achie~e~zent of.• South +C'oast ~ine~ for receiving Double Gold I Best of Class for the 2004 Cabernet Sauvignon, 2005 Thunderbolt Sangiovese, 2006 Grenache, 200b Petite Sirah, 200b Riesling, 2007 Chardonnay San Chene, 2007 Gewurztraminer, 2007 Grenache Rose, 2007 GVR, 2007 Merlot Blanc, 2007 Muscat Canelli, 2007 Semillon, NV Black Jack Port, 1VV Sparkling Gewurztraminer, NV The Big Red Table, and the Sparkling Extra Dry. Your award-winning wines promote and enrich the reputation, of the Ten2ecula Valley as one of the finest-wine gro-wing regions in California. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this ninth day of September, 2QQ8. Michael S. Naggar, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 12, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p. m. on Tuesday, August 12, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Washington, Naggar Absent: Council Members: Roberts PRELUDE MUSIC The prelude music was provided by Eve Craig I NVOCATI O N The invocation was provided by Pastor W.M. Rench of Calvary Baptist Church of Temecula PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Washington STATE BUDGET CRISIS--OPPOSITION TO LEGISLATION TRANSFERRING LOCAL FUNDS TO THE STATE RECOMMENDATION: A. Adopt the following Motion: "Motion pursuant to Government Code Section 54954.2(b)(2) to add an item to the August 12, 2008 Agenda for the approval of a resolution declaring of a local emergency based on the following facts: (1} there is a need to take immediate action an this Agenda Item and resolution; {2) the need for action came to the attention of the City subsequent to the Agenda being posted on August 8, 2008; and (3) the Legislature is now contemplating transfer of local redevelopment funds, General Fund Property Tax money and Prop 42 monies and Staff was advised this morning that action will now be taken on the proposed transfer this week." The Motion requires adoption by 4/5~" vote of the City Council. B. Discussion and direction to Staff C. Adopt a resolution entitled: RESOLUTION NO. 08-$2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR TAKE LOCAL GOVERNMENT FUNDS, SUCH AS PROPERTY TAX, PROPOSITION 42, OR REDEVELOPMENT FUNDS R:1Mi n utes1081208 City Attorney Thorson provided a brief staff report (as written record). MOTION: Council Member Washington moved to add the opposition to legislation transferring local funds to the State item to the City Council agenda. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. Certificate of Achievement to Daniel Runkel for attaining the rank of Eagle Scout On behalf of the City Council, Mayor Naggar presented Daniel Runkel a Certificate of Achievemenffor attaining the rank of Eagle Scout. Thanking the City Council for the Certificate of Achievernenf, David Runkel described how he attained the rank of Eagle Scout. RECOMMENDATION: A. Adopt the following Motion: "Motion pursuant to Government Code Section 54954.2(b)(2) to add an item to the August 12, 2008 Agenda far the approval of a resolution declaring of a local emergency based on the following facts: (1) there is a need to take immediate action on this Agenda Item and resolution; (2) the need for action came to the attention of the City subsequent to the Agenda being posted on August 8, 2008; and (3) the Legislature is now contemplating transfer of local redevelopment funds, General Fund Property Tax money and Prop 42 monies and Staff was advised this morning that action will now be taken on the proposed transfer this week." The Motion requires adoption by 4/5th vote of the City Council. B. Discussion and direction to Staff C. Adopt a resolution entitled: RESOLUTION NO. 08-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR TAKE LOCAL GOVERNMENT FUNDS, SUCH AS PROPERTY TAX, PROPOSITION 42, OR REDEVELOPMENT FUNDS City Manager Nelson provided a brief staff report (af written record), and noted that it would be his opinion that it will be difficult for legislation to pass the shifting of funds; that with the City Council's approval of the proposed Resolution, staff will ensure that the Governor, State Legislature, and all cities within the proximity of Temecula are apprised of the City of Temecula's position an the issue. City Clerk Jones advised that there were no speakers for this item. R:1Mi n utes1081208 MOTION: Council Member Comerchero moved to approve the State Budget Crisis-opposition to legislation transferring local funds to the State. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. PUBLIC COMMENT A. By way of overheads, Mr. Stephen Eldred, Temecula, referenced a letter from City Attorney Thorson to the California Fair Political Practices Commission (FPPC) with respect to City construction of priority improvements with Bond proceeds and the Europa Village project and expressed his concern with the City not requiring that the Europa Village project install its road improvements before the construction of its project. Briefly responding to Mr. Eldred's concern, City Attorney Thorson relayed that the Europa Village project is not a City project, but rather a County project; that the priority public improvements that the City is undertaking for Butterfield Stage Road stops at La Serena Road and is not adjacent to the Europa Village property; advised that City funds will not be used to construct the roads adjacent to the Europa Village project; and stated that the County would be best able to respond as to what the traffic impacts would be and the imposed conditions. Far clarification purposes, City Attorney Thorson stated that the project referenced via overheads by Mr. Eldred is the Euarpa Vinyard Estates, not the Europa Village project; and that in response to the letter submitted to the California Fair Political Practices Commission, staff attorneys relayed that it was their opinion that there was no conflicts of interest with respect to acquisition of property to the south. B. Mr. Doc Lain, Temecula, expressed his confusion with City Attorney Thorson's comment with respect to the Rancon Group not being a legal entity when Council Member Comerchero is the President of the Rancon Group and queried as to why the City Manager would allow the City Attorney to address this matter with the California Fair Political Practices Commission. In response to Mr. Loin's confusion, City Attorney Thorson reiterated that the Rancon Group is not a legal entity and advised that the letter submitted to the FPPC explains how the Rancon Group is not a legal entity. C. Speaking enthusiastically regarding Old Town, Ms. Maggie Homza, Temecula, relayed her positive experience with living in the Dalton building; spoke regarding her adventures entertaining friends and family in Old Town; and encouraged the City Council to move forward with its vision for the Old Town area. D. Mr. Chris Pedersen, Temecula, thanked the City County with respect to its opposition to the legislation of transferring local funds to the State and would be hopeful that the opposition is a success. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adobtion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:1Mi n utes1081208 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 8, 2008; 2.2 Approve the minutes of July 22, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS A5 SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of June 30, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2008. (Item No. 5 was discussed under separate discussion; see pages 10 and 11.) 5 Approve the Sponsorship Request for the 2008 Temecula Onstage Event RECOMMENDATION: 5.1 Approve the event sponsorship agreement in the amount of $7,500 cash and actual city support costs in the amount up to $6,025 for Temecula Onstage and authorize the Mayor to execute the Agreement. (Item No. 6 was discussed on under separate discussion; see page 8.) 6 Endorse and Support the Appointment to the Temecula Higher Education Foundation Board of Directors RECOMMENDATION: 6.1 Endorse and support the appointment of Mayor Naggar and Council Member Washington to the Temecula Foundation for Higher Education (the "Foundation"} Board of Directors. R:1Mi n utes1081208 4 {Item No. 7 was discussed under separate discussion; see page 9.) 7 Support for Agent Orange Equity Act (Filner) - At the request of Mayor Naggar and Council Member Comerchero RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE EQUITY ACT (FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED BENEFITS 8 Support for SB 1499 (Boxer & Feinstein) / HR 2548 (Solis) -Marine Vessel Emissions Reduction Act of 2007 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1499 (BOXER & FEINSTEIN) / HR 2548 (SOLIS) WHICH WOULD SIGNIFICANTLY REDUCE EMISSIONS FROM MARINE VESSELS AFFECTING AIR QUALITY FOR SOUTHERN CALIFORNIA RESIDENTS {Item No. 9 was discussed under separate discussion; see pages 9 and 10.) 9 Support far SB 1646 (Padilla) -Clean Fuels Program Reauthorization RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 08-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA) WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY SOURCES OF AIR POLLUTION R:1Mi n utes1081208 10 Mortgage Credit Certificate Program RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE {MCC) PROGRAM 11 Holiday Schedule for City Council Meetings 7 RECOMMENDATION: 11.1 Direct the City Clerk to reschedule the regularly scheduled meeting of November 11, 2008 to November 18, 2008, and cancel the regularly scheduled meeting of December 23, 2008; and to perform the appropriate postings and noticing requirements of the Government Code. (Item No. 12 was discussed under separate discussion; see page 10.) 12 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway - Proiect No. PV1l07-08 RECOMMENDATION: 12.1 Approve the Plans and Specifications for the Project; 12.2 Authorize the Department of Public Works to solicit construction bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway, Project No. PW07-08. 13 Roripaugh Ranch Project -City Construction of Priority Improvements with Bond Proceeds (CFD 03-02) RECOMMENDATION: 13.1 Receive and file this report providing an update on the status of the City's ongoing efforts to initiate construction of the Priority Public Improvements related to the Roripaugh Ranch CFD, {CFD 03-02). 14 Purchasing Authorization for Reprographics Services -Old Town Civic Center - PW06-07 Phase 2 RECOMMENDATION: 14.1 Approve the purchasing authorization for reprographics services with OCB Reprographics for an amount not to exceed $50,000 for Old Town Civic Center {OTCC) Project, PW06-07 Phase 2. R:1Mi n utes1081208 6 15 Authorize Temporary Street Closure of Main Street between Old Tawn Front Street and Murrieta Creek for the "Temecula-On-Stage" event scheduled for August 30, 2008, and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 08-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA- ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 16 Third Amendment to Agreement with Albert A. Webb Associates RECOMMENDATION: 16.1 Approve the third amendment to Agreement between the City of Temecula and Albert A. Webb Associates for consulting services for the Santa Margarita Ecological Reserve Annexation Area. 17 Second Reading of Ordinance No. 08-07 RECOMMENDATION: 17.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS R:1Mi n utes1081208 18 Second Readinc7 of Ordinance No. 08-08 RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 6 Endorse and Support the Appointment to the Temecula Higher Education Foundation Board of Directors RECOMMENDATION: 6.1 Endorse and support the appointment of Mayor Naggar and Council Member Washington to the Temecula Foundation for Higher Education (the "Foundation") Board of Directors. Excited about Cal State San Marcos starting classes in the City of Temecula, Mayor Naggar offered the following highlights: • That classes will begin September, 2008 • That currently there are 54 students enrolled in the nursing program, and 300 plus on the waiting list; and that Cal State San Marcos has created a partnership with Murrieta hospitals to share lab • That the school will offer Medical Billing, Pharmacy Tech, EKG Tech, Coding Certificate, Registered Nurse Refresher Courses, and an Electric Power System Operator Course • That the ultimate goal would be to create a permanent campus for the City of Temecula Representatives of Cal State San Marcos also spoke enthusiastically about opening a school in the City of Temecula and relayed the importance of raising the level of education in the region. MOTION: Council Member Comerchero moved to approve Item No. 6. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. R:1Mi n utes1081208 MOTION: Council Member Comerchero moved to approve the Consent Calendar with the exception of Item Nos. 5, 6, 7, 9, 12, and 15 being discussed under separate discussion. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 7 Support for Agent Orange Equity Act (Filner) - At the request of Mayor Naggar and Council Member Comerchero RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE EQUITY ACT (FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED BENEFITS Council Member Comerchero provided a brief staff report with respect to Agent Orange Equity Act (as written record). A. Mr. Tom Courbat, Murrieta, relayed his support of the Agency Orange Equity Act and requested that the City Council amend the Resolution to include appropriate benefits for those Veterans who served in Korea. In response to Mr. Courbat's request, Council Member Comerchero relayed that although Congressman Filner's Bill will be specific to Vietnam Veterans, he would be in favor of adding language that would stipulate that Congress include in a separate piece of legislation ensuring that all Veterans exposed to Agent Orange be covered as well. MOTION: Council Member Comerchero moved to approve staff recommendation subject to requesting that Congress include that all Veterans exposed to Agent Orange be covered. Mayor Naggar seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 9 Support for SB 1646 (Padilla) -Clean Fuels Program Reauthorization RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 08-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA) WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY SOURCES OF AIR POLLUTION R:1Mi n utes1081208 Management Analyst Middlecamp provided a staff report (of record). A. Speaking enthusiastically with regard to going green, Mr. Paul Jacobs, Temecula, applauded the City Council's efforts with respect to going green and encouraged the City Council to approve Item No. 9. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 12 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway - Proiect No. PW07-08 RECOMMENDATION: 12.1 Approve the Plans and Specifications for the Project; 12.2 Authorize the Department of Public Works to solicit construction bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway Project No. PW07-08. Director of Public Works Hughes advised that the project will provide and complement the double right-hand turns, advising that the opening bid will be in September and would be awarded in October with construction to begin in mid-November; and noted that the project will take approximately five to six weeks to complete with the majority of the work being constructed at night. MOTION: Mayor Naggar moved to approve staff recommendation. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 5 Approve the Sponsorship Request for the 2008 Temecula Onstage Event RECOMMENDATION: 5.1 Approve the event sponsorship agreement in the amount of $7,500 cash and actual City support costs in the amount up to $6,025 for Temecula Onstage and authorize the Mayor to execute the Agreement. R:IMinutes1081208 10 15 Authorize Temporary Street Closure of Main Street between Old Town Front Street and Murrieta Creek for the "Temecula-On-Stage" event scheduled for August 30, 2008, and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 08-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA- ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Council Member Washington provided a brief staff report with respect to Item Nos. 5 and 15, advising that he will no longer be serving as Chair of Temecula Onstage. MOTION: Council Member Comerchero moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and voice vote reflected approval with the exception of Council Member Roberts who was absent. PUBLIC HEARING 23 First Reading of the Amendment to the Citv of Temecula's Grading. Erosion. and Sediment Control Ordinance RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX "J" AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS Deputy Public Works Director York provided a brief staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 08-09. MOTION: Council Member Washington moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. R:1Mi n utes1081208 11 CITY COUNCIL BUSINESS 24 Emergency Operations /Communication Update - at the request of Mayor Naggar RECOMMENDATION: 24.1 Receive and file By way of PowerPaint Presentation, Deputy City Manager Yates highlighted the main components of staff's report, as follows: • All Hazards o Earthquake o Fires o Floods o Weather Events o Terrorists Events o Transportation Accidents o Hazardous Materials Incidents • Cooperative Partnerships o Contracts for Police and Fire Services o TVUSD o Special Districts o Business Community o TCC Programs • Golde n Guardian Partnerships o State-Wide Emergency Management Exercises o November 13, 2008 o Focusing on Earthquake Scenarios o Part of the City's Continual Training Program With respect to the City's Emergency Operations Communications Update, Assistant City Manager Adams highlighted the following: • Temecula Alert o Citizen Emergency Hotline - (951) 506-5111 o Communicator System or Reverse 911 o Cellphone/VOIP Registration o E-mail Notifications o Alert AM 1610 Radio Station (to be up and running September'08) o Temecula Outreach TV o Website - www.cityoftemecula.org • Communications Update o External Communications Ad-Hoc Subcommittee Fire Chief Patterson, by way of PowerPoint Presentation, highlighted the main components of his report: • Temecula Citizen Corps o Temecula Citizen Corps/Citizen Emergency Response Team (CERT) o Jr. CERT R:1Mi n utes1081208 12 By way of PowerPoint Presentation, Police Chief Williams highlighted the fallowing main components: • Citizen Action Patrol (CAP) o Volunteer Program o Assists Police Department o Handles Traffic Control at Special Events o Other Assignments as Needed o Training Provided Mayor Naggar relayed the importance of Temecula citizens signing up on the City's VOIP registration system through the City's website in order to receive emergency information. The City Council commended staff for its efforts with respect to the Emergency Operations Update. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report with respect to Closed Session; but noted that the one real estate matter discussed in Closed Session will return to the City Council as a public hearing item; and advised that Council Member Roberts was not in attendance of Closed Session. CITY COUNCIL REPORTS A. Council Member Washington advised of a Galf Tournament benefiting the military families of Temecula, noting that the event will be held at Temecula Creek Inn on Friday, September 5t"° at 11:00 a.m.; and advised that for more information to call Mr. Jim Bailey at (760) 521-5087 or access the City's website at www.cityoftemecula.org. ADJOURNMENT At 9:00 p.m. the City Council meeting was formally adjourned to Tuesday, August 26, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan Jones, MMC City Clerk [SEAL] R:1Mi n utes1081208 Michael S. Naggar, Mayor 13 ITEM RI~J. 3 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 09, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,768,308.03. 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 9th day of September, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of September, 2008, 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 08/21/2008 TOTAL CHECK RUN 08/28/2008 TOTAL CHECK RUN 08/21/2008 TOTAL PAYROLL RUN: $ 3,969,396.44 1,247,534.37 551,37722 TOTAL LIST OF DEMANDS FOR 09/09/2008 COUNCIL MEETING: $ 5,768,308.03 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,502,953.22 165 RDA LOW/MOD - 20% SET ASIDE 11,499.63 190 TEMECULA COMMUNITY SERVICES DISTRICT 336,196.03 192 TCSD SERVICE LEVEL B 118.75 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 93,327.22 194 TCSD SERVICE LEVEL D 1,552.20 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,274.86 197 TEMECULA LIBRARY FUND 4,738.07 210 CAPITAL IMPROVEMENT PROJECTS FUND 796,809.24 280 REDEVELOPMENT AGENCY -CIP PROJECT 36,766.30 300 INSURANCE FUND 4,954.76 320 INFORMATION SYSTEMS 72,674.63 330 SUPPORT SERVICES 10,658.55 340 FACILITIES 14,417.25 370 CITY 2008 COP'S DEBT SERVICE 536,786.84 460 CFD 88-12 DEBT SERVICE FUND 1,175,235.88 472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 134,077.49 473 CFD 03-1 CROV/NE HILL DEBT SERVICE FUND 110,608.87 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 3,017.22 475 CFD033 WOLF CREEK DEBT SERVICE FUND 141,953.51 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 21,352.53 477 CFD- RORIPAUGH 199,957.76 $ 5,216,930.81 001 GENERAL FUND $ 329,022.56 165 RDA LOW/MOD - 20% SET ASIDE 7,874.89 190 TEMECULA COMMUNITY SERVICES DISTRICT 159,916.36 192 TCSD SERVICE LEVEL B 134.08 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,227.18 194 TCSD SERVICE LEVEL D 1,279.40 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,417.73 197 TEMECULA LIBRARY FUND 401.19 280 REDEVELOPMENT AGENCY -CIP PROJECT 5,136.90 300 INSURANCE FUND 1,347.40 320 INFORMATION SYSTEMS 26,864.28 330 SUPPORT SERVICES 3,877.13 340 FACILITIES 8,878.12 551,377.22 TOTAL BY FUND: $ 5,768,308.03 apChkLst 08121/2008 1:37:22PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1109 08/15/2008 OD5460 U S BANK 2008 COP Debt Srvc Pmt 536,786.84 536,786.84 1110 08128!2008 005460 U S BANK CFD 88-12 Debt Srvc Pmt 1,169,935.88 1,169,935.88 1111 08121!2008 000444 INSTATAX (EDD) State Disability Ins Payment 25,385.69 25,385.69 1112 08/21!2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 102,031.32 102,031.32 1113 08121!2008 OD0389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 6,905.86 6,905.86 SOLUTION 1114 08/21/2008 OD1065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,688.95 2D,688.95 SOLUTION 1115 08/21/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 130,941.31 130,941.31 RETI REM ENT) 1116 08/21/2008 OD5460 U S BANK secured settlement # 3 481,909.69 481,909.69 1117 08/21/2008 012077 AMTRUST BANK Reimb. delinquent taxes draw 71,547.23 71,547.23 126000 08121!2008 004594 2HOTACTIVEWEAR uniformslboets:Police 1,138.86 1,138.86 126001 08/21!2008 011347 A F S INC veh emission compliance Ibls: PW 75.43 75.43 1260D2 08/21!2008 011322 AIR CLEANING SYSTEMS INC exhaust removal system: Stn 84 67,816.34 67,816.34 126003 08/21/2008 002187 ANIMAL FRIENDS OF THE Jul animal control services 13,000.00 13,OOO.OD VALLEYS 126004 08/21/2008 000101 APPLE ON E INC Temp help ppe 8/2: Tuley-Fuson 548.23 Temp help ppe 7126: Wilson, L 1,365.20 Temp help ppe 7112: Wilson, L 1,365.20 Temp help ppe 7119: Wilson, L 1,365.2D 4,643.83 Page:1 apChkLst Final Check List Page: 2 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126005 08/2112008 001323 ARROWHEAD WATER INC Bottled wtr svcs: PBSP 32.16 Bottled wtr svcs: Fld Op Ctr 172.16 Bottled wtr svcs: Library 59.37 Bottled wtr svcs: Theater 41.23 Bottled wtr svcs: TCC 17.75 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: CRC 113.39 Bottled wtr svcs: City Hall 393.91 Bottled wtr svcs: TV Museum 25.57 Bottled wtr svcs: Ch Museum 20.21 Bottled wtr svcs: Maint Facility 121.96 Bottled wtr svcs: CHS Aquatics 66.96 Bottled wtr svcs: TES Aquatics 35.08 1,108.36 126006 08/21/2008 003221 BEAL, KELLI ESRI Conf 813-815 San Diego 255.73 255.73 126007 08/21!2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,232.00 1,232.00 126008 08/2112008 012167 BLACKMAN, GUY Performance:Hot SummerNgts 800.00 800.00 126009 08/21!2008 011230 BONILLA, GERMAN Performance:Hot SummerNgts 500.00 500.00 126010 08/2112008 003048 BOYS & GIRLS CLUB Youth organization Overpayment 24.50 24.50 126011 08/21/2008 009437 BRENNER FIELDER &ASSOC, Water pump:Harveston Lk Pk 429.17 429.17 INC 126012 08/2112008 009082 C B C TECHNICAL INC Misc supplies: Theater 523.75 523.75 126013 08121!2008 006908 C C & COMPANY INC entertainment:SummerConcems 412.50 412.50 126014 08/21!2008 010964 C R V P duplication svcs: Council mtgs 1,574.37 1,574.37 126015 08/2112008 009616 CABELA'S INC. Equipment: B&S 129.94 129.94 126016 08/21/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.D0 25.00 126017 08/21/2008 010939 CALIF DEPT OF INDUSTRIAL Ann'I Elevator Inspection: City Hall 105.00 Ann'I Elevator Inspection: Maint Fc 105.00 Ann'I Elevator Inspection: FOC 105.00 315.00 Paget apChkLst Final Check List Page: 3 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126018 08/2112008 001267 CALIF DEPT OF MOTOR DMV vehicle code books: Police 208.88 208.88 VEHICLES 126019 08/21!2008 011301 CALLAWAY MOTORSPORTS Vehicle repairlmaint: Police 136.79 136.79 126020 08/21/2008 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 42.96 42.96 126021 08/21/2008 004971 CANON FINANCIAL SERVICES, credit: billing adj JullAug invoice -473.41 INC Aug copier leases: Citywide 5,788.70 5,315.29 126022 08/21/2008 008644 CANTRELL, ROGER, AIA, AICP Jul architectural Svcs: Planning 431.00 431.00 126023 08/2112008 002415 CASTLE AMUSEMENT PARK Excursion:Summer Day Camp 1,551.03 1,551.03 126024 08/21!2008 010884 CENTER FOR NATURAL LANDS Consulting:roripaugh rnch trails 794.44 794.44 MGMT 126025 08/2112008 009640 CERTIFION CORPORATION Jul online database subsc:PD 176.85 176.85 126026 08/2112008 012226 CHACON, DANIEL CRC rental refund 450.00 450.00 126027 08/21/2008 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: Fld Op Gtr 108.15 108.15 126028 08/21/2008 010847 CLARK SECURITY PRODUCTS alarm lock: Library 122.32 122.32 INC 126029 08121!2008 008594 COMMUNITY BANK Escrow acctlAll American Asphalt PVV99-11 18,342.75 18,342.75 126030 08/21!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 126031 08/2112008 010331 COOPER, JOSIAH Reimb: Summer Day Camp Iceoplex 120.00 120.00 126032 08/21!2008 010650 CRAFTSMEN PLUMBING & HVAC plumbing repairs: Stn 84 140.82 INC plumbing svcs: PD mall storefront 270.80 411.62 126033 08/21!2008 001393 DATA TICKET INC Jul parking citation svcs: Police 3,291.89 3,291.89 Page:3 apChkLst Final Check List 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 126034 08/21!2008 003945 DIAMOND ENVIRONMENTAL portable toilet svc:Veterans Park SRVCS portable toilet svc:Vail Rnch Park portable toilet svc:Redhawk Pk portable toilet svc:Riverton Pk portable toilet svc:Lng Cyn Pk 126035 08/21!2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police INC 126036 08/21/2008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 126037 08/21/2008 007319 EAGLE ROAD SERVICE & TIRE Tires for back hoe: PW Maint INC 126038 08/2112008 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings AILEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 126039 08/21/2008 002712 ECONOMIC & POLITICS INC Community Profile Project:Ecn Dv 126040 08/2112008 011375 EDUCATIONAL INNOVATIONS INC Misc supplies: Ch Museum 126041 08/21/2008 000164 ESGIL CORPORATION Jul plan check svcs: B&S 126042 08/21!2008 003665 EXCEL COMMERCIAL Jul long distance phone svcs 126043 08/2112008 001056 EXCEL LANDSCAPE Jul Idscp maint: City Facilities Jul Idscp maint: North Slopes Jul Idscp maint: South Slopes Jul Idscp maint: Sports Parks Jul Idscp maint: Medians 126044 08121!2008 008784 FIRE ENGINEERING Fire magazine subsc: 1yr Fire Prev Amount Paid 111.56 111.56 111.56 111.56 111.56 67.96 840.00 148.97 204.75 299.25 204.75 94.50 126.00 94.50 18,000.00 98.38 16,691.72 53.52 9,685.00 28,494.00 41,885.00 43,040.00 14,987.OD 29.95 Page: 4 Check Total 557.80 67.96 840.00 148.97 1,023.75 18,000.00 98.38 16,691.72 53.52 138,091.00 29.95 Page:4 apChkLst Final Check List Page: 5 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126045 08/21/2008 003347 FIRST BANKCARD CENTER FINESTATIONERY.COM SJ stationery: Commission recogn. 123.50 A AFFORDABLE DELIVERY WH delivery svc doc to CalTrans 96.00 CALIF REDEVELOPMENT ASSN JM Ann'I Conf 9108 Sacramento 455.00 COMFORT INN MH Build it Green conf. 7/28-8/1108 382.48 CATERERS CAFE SN rfrshmnts:City Attorney mtg 7!8108 124.51 1,181.49 126046 08/21/2008 010493 FOREST CITY COMMERCIAL Aug lease pmt: PD mall storefront 1,458.33 1,458.33 MGMT 126047 08/21/2008 004074 FRANCHISE MGMT SERVICES Misc supplies: MPSC 106.92 106.92 INC 126048 08/21/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 126049 08/21/2008 011967 FULL VALUE ENTERTAINMENT sound svcs:Harveston park 300.00 300.00 126050 08121!2008 011967 FULL VALUE ENTERTAINMENT sttlmt: Live at the Merc 8115 94.50 94.50 126051 08/2112008 010270 GATES, ANDREW JODY Performance:Hot Summer Ngts 500.00 500.00 126052 08/2112008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Finance 426.12 INC Office Supplies: Fire 2,442.07 Office Supplies: RDA 376.49 Office Supplies: City Clerk 65.05 Office Supplies: CM 477.73 Office Supplies: Info Sys/GIS 534.87 Office Supplies: Info Sys 45.84 Office Supplies: Theater 197.40 Office Supplies: CRC 270.18 Office Supplies: B&S 85.67 Office Supplies: MPSC 493.50 Office Supplies: TCSD 695.02 Office Supplies: HR 729.01 6,838.95 126053 08/21/2008 011880 GLOBALSTAR ING (3) hand held radios: EOC 2,478.42 2,478.42 126054 08/21!2008 003792 GRAINGER Misc supplies: Theater 10.67 Misc supplies: Theater 210.18 Credit: returned product -15.06 Misc supplies: Theater 348.04 553.83 Pagea apChkLst Final Check List Page: 6 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126055 08121!2008 002174 GROUP 1 PRODUCTIONS video svcs:Temecula Presents 2,100.00 2,100.00 126056 08/21/2008 011776 GUIDE PUBLISHING GROUP INC Plan bags: PUU 86.56 86.56 126057 08/21/2008 000378 HAFELI, THOMAS reimb: pwr supply rplcmnt Library 161.88 161.88 126058 08/21/2008 000186 HANKS HARDWARE ING Hardware supplies: PWTraffic 399.87 Hardware supplies: PW Old Twn 42.88 Hardware supplies: PW Maint 100.66 Hardware supplies: B&S 30.15 Hardware supplies: Aquatics 33.91 Hardware supplies: TCSD 2,069.91 Hardware supplies: TV Museum 431.82 Hardware supplies: Fire 675.89 Hardware supplies: City Hall 31.78 Hardware supplies: Library 10.41 Hardware supplies: Ch Museum 102.83 Hardware supplies: Theater 27.29 Hardware supplies: TGC 71.03 Hardware supplies: Maint Facility 1.72 Hardware supplies: CRC 71.32 Hardware supplies: Smart Pgrm 5.92 4,107.39 126059 08/21!2008 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 5,220.00 5,220.00 126060 08/21!2008 004811 HEWLETT PACKARD HP laserjet printer: CM/Econ Dv 374.97 374.97 126061 08/21/2008 003198 HOME DEPOT, THE Paint Supplies: Theater 156.26 Hardware supplies: TCSD 92.32 248.58 126062 08/2112008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,266.24 11,266.24 303355 126063 08/21/2008 000750 INTOXIMETERS INC intoximeter repair:Police 280.67 intoximeter repair: Police 634.17 914.84 126064 D8/2112008 003266 IRON MOUNTAIN OFFSITE Jul tape storage: Gity Clerk 441.50 441.50 126065 08/21!2008 010119 IRS - OIC Sup Pmt Offer# 1000497587 452379267 140.11 140.11 126066 08121!2008 001186 IRWIN, JOHN TCSD instructor earnings 112.70 112.70 Page6 apChkLst Final Check List Page: 7 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126067 08/21!2008 012152 J J KELLER & ASSOCIATES INC HazMat guidebooks: TCSD Maint 156.24 156.24 126068 08/21/2008 004813 JOLLY JUMPS Entertainment:Summer Day Camp 1,000.00 Performance:Hot Summer Ngts 195.00 Performance:Hot Summer Ngts 195.00 Performance:Hot Summer Ngts 195.00 1,585.00 126069 08121!2008 012228 KEUP, CONNIE Refund: tickets Les Miserables 92.00 92.00 126070 08/2112008 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 200.90 TCSD instructor earnings 401.80 TCSD instructor earnings 200.90 TCSD instructor earnings 229.60 TCSD instructor earnings 57.40 TCSD instructor earnings 258.30 TCSD instructor earnings 373.10 TCSD instructor earnings 114.80 TCSD instructor earnings 172.20 TCSD instructor earnings 200.90 TCSD instructor earnings 57.40 TCSD instructor earnings 200.90 TCSD instructor earnings 430.50 2,898.70 126071 08/2112008 004062 KUSTOM SIGNALS INC radar gun repairs: Police 213.56 213.56 126072 08/2112008 002519 LAB SAFETY SUPPLY INC safety equipment: TCSD Maint 828.98 828.98 126073 08/21!2008 002863 LAWSON PRODUCTS INC Misc supplies: PW Maint 15.17 15.17 126074 08/21/2008 004412 LEANDER, KERRY D. TCSD instructor earnings 1,260.00 TCSD instructor earnings 1,001.00 TCSD instructor earnings 1,078.00 3,339.00 126075 08/2112008 012164 LECLERC, JOHN MICHAEL Performance:Hot SummerNgts 100.00 100.00 126076 08/21!2008 011875 LOPEZ, ANGELES Performance:Harveston Park 300.00 300.00 126077 08/2112008 004087 LOWES INC Hardware supplies: Theater 47.13 Hardware supplies: Theater 46.74 Hardware supplies: Theater 29.61 Hardware supplies: Theater 19.15 Hardware supplies: Theater 27.84 170.47 Page:? apChkLst Final Check List Page: 8 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126078 08121!2008 012224 MAD SCIENCE OF SAN DIEGO TCSD Instructor Earnings 3,315.00 TCSD Instructor Earnings 3,646.50 TCSD Instructor Earnings 2,244.00 9,205.50 126079 08/2112008 003782 MAIN STREET SIGNS park rule signs: tcsd 1,212.19 Misc. street signs:pw maint div 13,529.91 14,742.10 126080 08/2112008 004141 MAINTEX INC custodial supplies: old town 734.12 custodial supplies: old town 72.84 806.96 126081 08/21!2008 001967 MANPOWER TEMPORARY temp help w/e 08/03 J. Diegel 927.36 927.36 SERVICES 126082 08/2112008 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:Planning 20.00 City vehicles detailing svcs:PW Depts 75.00 City vehicles detailing svcs:PW Depts 75.00 City vehicles detailing svcs:PW Traffic 25.00 195.00 126083 08/21!2008 001384 MINUTEMAN PRESS qty 1000 stationery envelopes:police 98.29 98.29 126084 08121!2008 000973 MIRACLE RECREATION Var parks playground equipment 3,137.58 3,137.58 EQUIPMENT 126085 08/21!2008 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 318.50 A. TCSD Instructor Earnings 273.00 TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 336.00 1,235.50 126086 08/21/2008 005887 MOFFATT & NICHOL ENGINEERS 5125-6128108 srvcs:F.V.Pkwy 32,250.32 32,250.32 126087 08/21/2008 003963 MR TINT GLASS TINTING Windowtinting:Police SET pgrm veh 80.00 80.00 126088 08/2112008 008528 NICHOLS, MELBURG & ROSETTO Feb-Jun consult srvcs:O.T.lnfrastructure 97,388.15 97,388.15 126089 08/21!2008 002139 NORTH COUNTY TIMES Jul recruitment ads: Human Resources 583.45 Jul public ntc ads: Gity ClerklPlnlPW 1,360.12 1,943.57 126090 08/21!2008 002139 NORTH COUNTY TIMES Jul newspaper subscr:mpsc 20.70 20.70 126091 08121!2008 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:central srvcs 37.79 37.79 DIV 126092 08/21/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Gity Mgr 694.98 City Vehicle Maint Svcs:City Peol Van 166.70 City Vehicle Maint Svcs:Code Enforc 293.03 1,154.71 Page:B apChkLst Final Check List 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 126093 08/21!2008 001171 ORIENTAL TRADING COMPANY Misc rec supplies:children'srnuseum INC 126094 08/21/2008 002099 PASCOE MANAGEMENT LLP Facade Imprv Prgm:Butterfield Square 126095 08/21/2008 012227 PATIO MASTERS refund:40406 Charlesburg Drive 126096 08/21/2008 001958 PERS LONG TERM CARE PERS Long Term Gare Payment PROGRAM 126097 08/21/2008 OD0249 PETTY CASH Petty Gash Reimbursement 126098 08/21/2008 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals: aquatics INC 126099 08/21!2008 011549 POWER SPORTS UNLIMITED Police motorcycle repair & maint srvcs 126100 08121!2008 005075 PRUDENTIAL OVERALL SUPPLY Jul flrmat/twl rntl/uniform svc:Cty facs 126101 08/21!2008 011706 QUINN, AMY TCSD Instructor Earnings 126102 08/2112008 OD0262 RANCHO CALIF WATER DISTRICT Jul Various Water Meters 126103 08/2112008 OD0907 RANCHO TEMECULA CAR WASH Jul City veh. detailing srvcs:var.depts 126104 08121/2008 OD9725 RAZAVI, MANDIS TCSD Instructor Earnings TCSD Instructor Earnings 126105 08/2112008 002110 RENTAL SERVICE equip rental: pw maint div CORPORATION equip rental: pw maint div 1261 D6 08/2112008 OD2412 RICHARDS WATSON & GERSHON June 2008 legal services 126107 08/2112008 OD0418 RIVERSIDE GO CLERK & RECORDER 126108 08/2112008 000418 RIVERSIDE CO CLERK & RECORDER 126109 08/2112008 OD0267 RIVERSIDE CO FIRE DEPARTMENT Res Imprv Prgm: Prunty, Jeanette Res Imprv Prgm: Zavala, Uriel Apr-Jun D8 fire services Amount Paid 57.55 20,000.00 61.71 377.54 654.92 409.70 420.49 1,274.84 140.00 913.72 199.50 357.00 515.20 35.79 31.08 39,985.45 27.00 27.00 750,386.13 Page: 9 Check Total 57.55 20,OOO.OD 61.71 377.54 654.92 409.70 420.49 1,274.84 140.00 913.72 199.50 872.20 66.87 39,985.45 27.OD 27.00 750,386.13 Page9 apChkLst Final Check List Page: 10 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126110 08/21!2008 004907 RIVERSIDE CO Mar-Jun WC Fwy Strategic Study 9,721.46 9,721.46 TRANSPORTATION 126111 08/21/2008 001365 RIVERSIDE COUNTY OF 1 011 /08-913 010 9 permit renewal:TCC 578.00 578.00 126112 08121120D8 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 2,881.87 2,881.87 LIGHTING 126113 08/21/2008 DD0278 SAN DIEGO UNION TRIBUNE Jul recruitment ads: Human Resources 1,395.12 1,395.12 126114 08121120D8 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 126115 08/21/2008 012129 SHAKESPEARE IN THE VINES Romeo & Juliet performance 8115-17 757.55 757.55 126116 08/2112008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2008058526 344.97 344.97 126117 08121!2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2007052618 100.00 100.00 126118 08/21!2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 8114108 304.50 304.50 126119 08/2112008 010745 SHERWIN WILLIAMS painting supplies: harvlake park 37.85 37.85 126120 08/21/2008 000645 SMART & FINAL INC Misc supplies:mpsc 163.26 Misc supplies:day camp 63.61 Misc supplies:FAM pgrm 63.51 Misc supplies:FAM pgrm 93.70 384.08 126121 08/2112008 000537 SO CALIF EDISON Aug 2-28-171-2620 Police Mall Stn 673.20 Jul 2-00-397-5059 various mtrs 6,165.77 Aug 2-26-887-0789 varicus mtrs 1,918.21 Aug 2-28-397-1315 Redhawk Pkwy 15.82 Aug 2-27-560-0625 Deerhollow Way 2,535.23 11,308.23 126122 08/21/2008 001212 SO CALIF GAS COMPANY Aug 015-575-0195-2 Fire Stn 92 158.32 158.32 126123 08/2112008 000519 SOUTH COUNTY PEST CONTRO L Jul pest control srvcs:var parks 493.00 INC Jul pest control srvcs:City facilities 541.00 pest control srvs:Fire Stn 73 106.00 Jul pest control srvcs:Fire Stn 84 80.00 1,220.D0 126124 08/2112008 000293 STADIUM PIZZA ING refreshments:day camp mtg 8115 148.98 148.98 Page:10 apChkLst Final Check List Page: 11 08/21/2008 1:37:22PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126125 08121!2008 009452 STRAWN, WILLIAM R. Reimb:supplies for Theater 86.50 86.50 126126 08/21/2008 007698 SWANK MOTIONS PICTURES, "Matilda" rental:movieslpark 8115 Z96.OD 296.00 INC. 126127 08/21/2008 009500 TEMEG ELECTRONICS, INC Jul equip & supplies:C.Mus11.S./Library 65.40 65.40 126128 08/21/2008 010D46 TEMECULA VALLEY June '08 Bus. Imprv DistrictAsmnts 56,117.67 56,117.67 CONVENTION & 126129 08/21/2008 011090 TEMECULA VALLEY Transportaticn:history musexcursion 430.70 430.70 TRANSPORTATION 126130 08/2112008 010192 THOMAS, ROSALIE entertainment: hot summer nights 818 650.00 650.00 126131 08/21!2008 006918 THORSON, TIM ee computer purchase prgm 1,739.73 1,739.73 126132 08121!2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs: teen prgm pool party 8!9!08 450.00 450.00 126133 08/21/2008 002452 TOP LINE INDUSTRIAL equip repair & maint:pw maint div 86.76 86.76 126134 08/21/2008 010276 TW TELECOM Aug high speed Internet Fire Stn 92 44.95 44.95 126135 08/2112008 009709 U H S OF RANCHO SPRINGS, INC Apr-Jun forensic exam srvcs:Police 2,700.00 2,700.00 126136 08/21!2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 126137 08121!2008 004261 VERIZON Aug xxx-1941 PTA CD TTACSD 68.26 Aug xxx-2372 Wlf Crk Irrg Cntrl 33.89 Aug xxx-0682 Civic Center Camera 91.78 Aug xxx-6812 General usage 87.94 Aug xxx-7562 irrigation controller 35.83 Aug xxx-1341 Theater 420.32 Aug xxx-3910 1st St Irrigation 36.91 774.93 126138 08/21/2008 004848 VERIZON SELECT SERVICES INC Aug long distance phone secs 1,037.33 1,037.33 126139 08/2112008 010487 WATSON, LUKE reimb:Redevelopment Inst. 7/14-181D8 553.99 553.99 Grand total for UNION BANK OF CALIFORNIA: 3,969,396.44 Page:11 apChkLst Final Check List Page: 12 08121J217Q8 1:37:22PM CITY OF TEMECIJLA 149 checks in this report. Grand Tatal All Checks: 3,969,396.44 Page:12 apChkLst 08!2812008 3:53:37PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 126140 08/28/2008 D01700 A PLUS TEACHING MATERIALS mist supplies: Tiny Tot pgrm 125.27 125.27 126141 08128!2008 D08698 ADVANCED APPLIED Jul design svc:79S Park & Ride 5,500.00 5,500.OD ENGINEERING 126142 08/28/2008 OD4240 AMERICAN FORENSIC NURSES Jul Stand By Fee: Police 1,000.00 1,OOO.OD 126143 08/28!2008 004022 AMERICAN MINI STORAGE, credit: billing adj mo rent charge -481.00 TEMEGUL 08109 Storage Rental: Info Sys 1,969.00 1,488.00 126144 08/28!2008 004431 AMERICAN PAYROLL INSTITUTE 08!09 APA mbrshp:Jargenson, M 195.00 195.00 INC 126145 08/28!2008 000747 AMERICAN PLANNING Zoning Practice publication: PR 75.00 75.00 ASSOCIATION 126146 08/28!2008 000101 APPLE ON E INC temp help ppe 8l9: Tuley-Fuson 600.80 temp help ppe 8t2: Wilson, L 716.73 temp help ppe 819: Wilson, L 1,348.14 2,665.67 126147 08/28/2008 011914 ARREOLA, JOSE JESUS (JOE) Entertainment: Family Ngt 7/7 200.DD 200.OD 126148 08/2812008 011237 ARROW CHARTER LINES INC transportation:Day Camp 7124 3,038.28 transportation:Day Camp 8!7 2,584.50 5,622.78 126149 08/28!2008 003203 ARTISTIC EMBROIDERY uniform items: TCSD Staff 752.10 uniform items: TCSD Staff 112.06 864.16 126150 08/28!2008 011954 BAKER & TAYLOR INC (68) book purchase: Library 1,426.02 1,426.02 126151 08/28!2008 010973 BATTERIES PLUS Battery supplies: PW Traffic 37.70 37.70 126152 08/28/2008 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,269.60 DUI & drug screenings: Police 592.80 1,862.4D 126153 08/28/2008 OD4176 BROADWING Aug Long distance & Internet secs 741.00 741.OD TELECOMMUNICATIONS 126154 08128!2008 012238 BRYANT, ODISE ref:Security Dep Harveston 8!2 150.00 150.00 126155 08128!2008 000484 CALIF ASSN FOR LOCAL 08!09 CALED mb: Walnick, G 80.00 80.00 ECONOMIC 126156 08/28!2008 001054 CALIF BUILDING OFFICIALS Permit Tch Cf 811&19 Corona:LW 220.00 220.00 Page:1 apChkLst 08128!2008 3:53:37PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126157 08/28!2008 004971 CANON FINANCIAL SERVICES, Aug copier lease: City Facilities 4,744.84 4,744.84 INC 126158 08/28/2008 OD9640 CERTIFION CORPORATION May online dbase subsc: Police 150.00 150.OD 126159 08/28/2008 OD5417 CINTAS FIRST AID & SAFETY First aid supplies: PW Maint 84.06 84.06 126160 08/28/2008 OD5447 CLEMENTS, BRIAN Reimb: ICG Certifications 08-11 80.00 80.OD 126161 08/28!2008 000447 COMTRONIX OF HEMET radio equip sues: B&S 500.00 500.00 126162 08/28!2008 006303 CONDUIT NETWORKS, INC network adapter: Info Sys 175.00 175.00 126163 08/28/2008 011692 CONVERGINT TECHNOLOGIES, cabling Svcs: Info Sys 310.00 310.OD LP 126164 08128!2008 001264 COSTCO WHOLESALE misc supplies: Stn 84 107.03 107.03 126165 08/28/2008 OD4329 COSTCO WHOLESALE GROUP misc supplies:art gallery opening 242.66 242.66 126166 08/28!2008 008810 CROSSTOWN ELECTRICAL & traffic camera maint: KearnylMgita 1,888.00 DATA traffic camera maint: Citywide 3,210.45 5,098.45 126167 08/28/2008 OD4123 D L PHARES & ASSOCIATES Sept lease pmt: PD Old Town 2,681.52 Aug lease pmt: PD Old Town 2,681.52 5,363.04 126168 08/28!2008 012236 DAVIS, DARA refund: "Video Shop Sparrow" 15.95 15.95 126169 08128!2008 005291 DEGANGE, JOHN Employee Computer Loan Pgrm 1,757.86 1,757.86 126170 08/28/2008 OD4192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police 68.38 INC Fuel for City vehicles: TCSD 3,044.51 Fuel for City vehicles: B&S 508.29 Fuel for City vehicles: Code Enf 633.50 4,254.68 126171 08/28!2008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 280.00 TCSD instructor earnings 567.00 847.00 126172 08/28!2008 012170 E-Z UP DIRECT.COM, LLG E-Z Ups: Theater& TV Museum 1,008.50 1,008.50 126173 08/28/2008 OD0523 EASTERN MUNICIPAL WATER Aug 95366-02 Deigo Dr Ldscp 243.59 DIST Aug 190304-02 Seraphina Rd 352.50 596.09 Paget apChkLst Final Check List Page: 3 08/28/2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126174 08/28!2008 004829 ELLISON WILSON ADVOCACY Jul State Lobbyist svcs: CM 3,500.00 LLC Aug State Lobbyist svcs: CM 3,500.00 7,000.00 126175 08/28!2008 000478 FAST SIGNS signs: Art Show at the Merc 38.52 38.52 126176 08/28/2008 000165 FEDERAL EXPRESS INC 7125 express mail svcs:Citywide 378.81 8!8 express mail svcs: Citywide 1,607.48 1,986.29 126177 08/28/2008 001511 FIELDMAN ROLAPP & Jun financial srvcs:GFD 0302 Roripaugh 24,OOO.DD ASSOCIATES Jul financial srvcs:CFD 0302 Roripaugh 674.20 24,674.20 126178 08/28/2008 003174 FIREHOUSE MAGAZINE 08109 Firehouse subsc: Fire 29.95 29.95 126179 08/28!2008 011922 FIRST AMERICAN CORELOGIC Property Info dbase svc:PW GIP 2,500.00 2,500.00 INC Page:3 apChkLst Final Check List Page: 4 08/28/2008 3:53:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126180 08/28/2008 003347 FIRST BANKCARD CENTER CONFERENCE MANAGER.COM RJ Conf Call Annexation EIR 12.96 CONFERENCE MANAGER.COM RJ Conf Call Waterpark 5.92 CONFERENCE MANAGER.COM RJ Conf Call Mercedes Benz 11.84 GOLDEN RESTAURANT RJ rfrshmnts:fees assessedlcnstr.mtg 204.22 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 19.20 SMART & FINAL INC RJ 7/31 Seminar supplies 49.29 GOLDEN RESTAURANT RJ rfrshmnts:ElR Consultants mtg 8/4 200.51 PAT & OSCARS RESTAURANT RJ rfrshmnts: Ping Commission mtg 816 52.37 CONFERENCE MANAGER.COM RJ Conf Gall Waterpark 10.56 CONFERENCE MANAGER.COM RJ Conf Gall Annexation EIR 26.24 CONFERENCE MANAGER.COM RJ Conf Gall Waterpark 7.52 CONFERENCE MANAGER.COM RJ Conf Call Annexation EIR 17.76 CONFERENCE MANAGER.COM RJ Conf Call Mercedes 3.04 CONFERENCE MANAGER.COM RJ Conf Call Waterpark 7.36 CONFERENCE MANAGER.COM RJ Conf Call Mercedes Benz 8.00 PAYPAL TT Verisign Payflow Pro Transaction 127.20 GODADDY.COM INC. TT Website Service 299.99 CONSTANT CONTACT ING TT email sys maint fee:Theater 75.00 AMAZON.COM, INC RJ Bcok: Great Streets 27.72 AMAZON.COM, INC RJ Book: A Pattern Language 40.95 1,207.65 126181 08/28/2008 003281 FOREMOST PROMOTIONS crime prevention promo items:PD 1,084.74 1,084.74 126182 08/28!2008 010493 FOREST CITY COMMERCIAL Sept lease pmts:PD Mall Store 1,458.33 1,458.33 MGMT 126183 08/28!2008 009097 FULL COMPASS SYSTEMS Misc Supplies: Theater 78.15 78.15 126184 08/28!2008 007866 G C S SUPPLIES INC toner cartridges: Info Sys 1,360.97 toner cartridges: Info Sys 266.01 toner cartridges: Info Sys 448.00 toner cartridges: Info Sys 4,175.04 toner cartridges: Info Sys 601.48 6,851.50 Page:4 apChkLst Final Check List Page: 5 08/28/2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126185 08/28!2008 012247 GAFFNEY, PATRICIA refund: VICR fee 117.00 117.00 126186 08/28/2008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Planning 597.45 ING Office supplies: PW 594.72 1,192.17 126187 08/28/2008 000186 HANKS HARDWARE ING Hardware supplies: Planning 147.81 147.81 126188 08/28/2008 004188 HARRIS & ASSOCIATES Jun cnslt svcs: R.CA pavement 16,252.50 16,252.50 126189 08/28!2008 003299 HAYES, BARNEY Performance:Hot Summer Nights 400.00 400.00 126190 08/28!2008 001135 HEALTHPOINTE MEDICAL Pre-employment physicals: HR 45.00 45.00 GROUPING 126191 08/28!2008 004811 HEWLETT PACKARD ProCurve Switch: Info Sys 9,652.25 Computer Hardware: Info Sys 12,417.11 22,069.36 126192 08/28!2008 012234 HINSON, TRACY refund: Parent N Me Swimming 36.00 36.00 126193 08/28/2008 003198 HOME DEPOT, THE maintenance supplies: TCSD 84.56 maintenance supplies: CH 170.25 254.81 126194 08/28/2008 001517 HORIZON HEALTH Aug employee assist pgrm: HR 884.40 884.40 126195 08/2812008 011632 INFORMATION STATION emergency broadcast svcs:Fire 19,922.98 19,922.98 SPECIALIST 126196 08/28/2008 012232 INSUA, MEGAN Ref: Security Dep Harveston 818 150.00 150.00 126197 08/28!2008 006713 INTEGRATED MEDIA SYSTEMS Audiovisual Sys Upgrade:Library 2,958.28 2,958.28 126198 08/28!2008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:CrclTes 442.85 ING pool sanitizing chemicals:CrclTes 310.32 pool sanitizing chemicals:CrclTes 442.85 goal sanitizing chemicals:Crc(fes 379.28 1,575.30 126199 08/28/2008 004862 INTL PAVEMENT SOLUTIONS ING Release Retention wlh PWD8-01 10,201.97 10,2D1.97 126200 08/28/2008 005454 ISLAMIC CENTER OF TEMECULA Refund: Security Dep CRC 8110 150.D0 VLY Refund: add'I staff hrs CRC 8110 48.00 198.00 Pagea apChkLst Final Check List Page: 6 08/28/2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126201 08/28!2008 012231 JACKSON, DEBRA refund: "Best Xmas Pageant" 20.99 20.99 126202 08/28/2008 010394 JONES, ERIC Employee Computer Loan Pgrm 2,OOO.OD 2,000.00 126203 08/28/2008 004546 KING, JAMES N. performance:Hot Summer Nights 1,250.00 1,250.00 126204 08/28!2008 012239 KLENTZIN, SHARON refund: Tiny Tots Brandon 52.00 52.00 126205 08/28!2008 000209 L & M FERTILIZER INC Hardware supplies: PVVMaint 1,240.51 mist supplies: Stn 84 138.59 1,379.10 126206 08/28!2008 011910 L H ENGINEERING COMPANY ING Jul Const Svc:Old Twn St Imprv 190,176.75 190,176.75 126207 08/28/2008 000380 LAIDLAW TRANSIT INC Transportaticn:Day Camp 7131 377.19 Transportation:Day Camp 713 459.90 837.09 126208 08/2812008 011022 LATITUDE GEOGRAPHICS Geocortex cnslt svcs: GIS 2,900.D0 2,900.00 GROUP LTD 126209 08/28/2008 002634 LITELINES INC Light Pale: Sam Hicks Park 17,838.50 17,838.50 126210 08/28/2008 012233 MAGDALENO, FRANK refund:basics of digital 92.00 92.00 126211 08/28!2008 004141 MAINTEX INC Custodial Supplies: parks 182.10 Custodial Supplies: parks 801.70 custodial supplies/equp repairs:crclprks 109.40 Custodial Supplies: mpsc 331.15 Custodial Supplies: children's museum 259.14 1,683.49 126212 08/28!2008 001967 MANPOWER TEMPORARY temp help w/e 07/20 J.Diegel/A.Paed 1,275.42 SERVICES temp help w/e 07!13 J.Diegel/A.Paed 1,883.34 temp help w1e 08110 J. Diegel 695.52 3,854.28 126213 08/28!2008 004307 MARINE BIOCHEMISTS Aug water maint srvcs:Harv/Duck Pond 4,855.00 4,855.00 126214 08/28/2008 012241 MCCONNELL, AVIS refund:sec.depositlcrc 819/08 150.00 150.00 126215 08/28/2008 012235 MGHALE, KIMBERLY refund:wonders of science11885.ZD1 116.00 116.00 126216 08/28!2008 011440 MILLMORE'S WAX GREW City vehicles detailing srvcs:PW Depts 100.00 City vehicle detailing srvcs:ISlGity 25.00 125.00 Page6 apChkLst Final Check List Page: 7 08/28/2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126217 08/28!2008 001384 MINUTEMAN PRESS business cards:W.Strawn 44.95 44.95 126218 08/28/2008 001892 MOBILE MODULAR Aug modular bldg rental:TCC1OAC 832.40 Jul modular bldg rental:TCClOAC 832.40 1,664.80 126219 08/28/2008 OD4490 MUSCO SPORTS LIGHTING INC lightsforhockey rink: rrsp 1,479.84 1,479.84 126220 08/28!2008 001986 MUZAK-SOUTHERN CALIFORNIA Jul music brcadcast:Old Town 69.11 Aug music broadcast:Old Town 69.11 Sep music broadcast:Old Town 69.11 Sep "on hold" phone music: FOC 98.18 Jul "on hold" phone music: City Hall 61.46 Aug "on hold" phone music: City Hall 61.46 Sep "on hold" phone music: City Hall 61.46 Aug "on hold" phone music: FOC 98.18 588.07 126221 08/28/2008 002925 NAPA AUTO PARTS Auto parts & mist supplies:FS 73 12.65 12.65 126222 08/28!2008 005333 NATIONAL ASSOC CITIZENS- Citizen Patrol Cf: 916 5 CAP volunteers 75.00 75.00 PATROL 126223 08/28!2008 000233 NELSON, SHAWN reimb: Aug Internet services 44.99 44.99 126224 08/28!2008 008528 NICHOLS, MELBURG & ROSETTO Jun srvcs:Civic Center ph II 158,851.99 Feb-Jun Reimb Exp:Old Town 3,120.44 credit:charges disallowed/O.T.Infrstr. -287.24 161,685.19 126225 08/28/2008 OD2898 NION EGLI EQUIPMENT City veh repair & maint:pw maint div 560.38 560.38 COMPANY 126226 08/28/2008 D10244 NO LIMITS SILK SCREEN Embroidery srvcs:aquatics pgrm 340.00 340.OD 126227 08/28/2008 OD9337 NOLTEASSOCIATES INC Jul Eng Srvcs:Bridge Realign Study 13,856.35 13,856.35 126228 08/28/2008 D02292 OASIS VENDING kitchen supplies/coffee: maint fat 138.40 kitchen supplies/coffee: city hall 487.34 kitchen supplies/coffee: foc 138.40 764.14 126229 08/28!2008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children'srnuseum 31.55 DIV Mist office supplies:children'srnuseum 4.25 35.80 Page:? apChkLst Final Check List Page: 8 08128!2008 3:53:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126230 08/28!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 44.84 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 375.90 City Vehicle Maint Svcs:TCSD 218.44 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 481.37 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 101.25 City Vehicle Maint Svcs:TCSD 161.25 City Vehicle Maint Svcs:TCSD 502.04 City Vehicle Maint Svcs:PW Land Dev 588.46 City Vehicle Maint Svcs:PW Land Dev 1,597.53 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW GIP 214.04 City Vehicle Maint Svcs:PW Maint 154.37 City Vehicle Maint Svcs:PW Maint 419.76 City Vehicle Maint Svcs:PW Maint 66.23 City Vehicle Maint Svcs:PW Maint 79.37 City Vehicle Maint Svcs:PW Maint 154.37 City Vehicle Maint Svcs:PW Maint 322.05 City Vehicle Maint Svcs:PW Traffic 209.76 City Vehicle Maint Svcs:PW Traffic 997.96 Gity Vehicle Maint Svcs:PW NPDES 57.93 City Vehicle Maint Svcs:B&S 373.21 City Vehicle Maint Svcs:TCSD 272.55 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:PW Maint 351.22 8,070.33 126231 08/28!2008 008143 PETERS, MATT ee computer purchase prgm 2,000.00 2,000.00 126232 08/28!2008 002498 PETRA GEOTECHNICAL INC Jun geotech srvcs:murr creek trails 1,792.50 1,792.50 126233 08/28/2008 004627 PUBLIC SAFETYTECHNOLOGIES Equip Repair & Maint:Pd Laser Guns 225.00 225.00 INC 126234 08/28/2008 004529 QUAID TEMECULA RAREFY- Jul pd motorcycles maim srvcs 5,033.22 5,033.22 DAV I DSON 126235 D8/28J2008 001416 QUICK CRETE PRODUCTS INC waste container lids:var park sites 456.86 456.86 126236 08/28/2008 004029 R J M DESIGN GROUP INC Jul dsgn:redhawk parks improvements 17,413.32 17,413.32 Page:B apChkLst Final Check List Page: 9 08128!2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126237 08!28!2008 011547 RAMILAN ELECTRIC INC release stop ntc:Robertson's 9,461.05 9,461.05 126238 08/28/2008 000262 RANCHO CALIF WATER DISTRICT Aug Various Water Meters 403.25 Aug 01-02-02001-0 Rancho Vista Rd 536.05 Aug 01-23-01075-1 Crowne Hill Dr 855.30 Aug Various Water Meters 45,096.76 Aug Various Water Meters 423.32 Aug 01-06-99000-14 Pujcl St 7.08 47,321.76 126239 08/28/2008 004584 REGENCY LIGHTING electrical supplies: history museum 64.13 64.13 126240 08/28!2008 003742 REHAB FINANCIAL Jul Rda Loan Servicer 8.00 8.00 CORPORATION 126241 08/28!2008 002412 RICHARDS WATSON & GERSHON May 2008 legal services 127,295.14 Jun 20081ega1 services 114,431.74 241,726.88 126242 08/28!2008 012148 RICHARDSON TECHNOLOGIES HVAC srvcs:finance dept office 466.50 INC HVAC srvcs:public works office 231.00 Aug HVAC srvcs:children's museum 278.00 Aug HVAC srvcs:mpsc 302.00 Aug HVAC srvcs:crc 1,116.00 Aug HVAC srvcs:tcc 185.00 Aug HVAC srvcs:history museum 232.00 Aug HVAC srvcs:chapel 120.00 Aug HVAC srvcs:theater 371.00 Aug HVAC srvcs:fire stn 84 278.00 Aug HVAC srvcs:foc 478.00 Aug HVAC srvcs:west wing 324.00 Aug HVAC srvcs:city hall 1,071.00 5,452.50 126243 08/28!2008 OD1592 RIVERSIDE CO INFO Jul radio rental & maint:police dept 1,686.08 1,686.08 TECHNOLOGY 126244 08/28!2008 000406 RIVERSIDE GO SHERIFFS DEPT DUI Training 9/10-12 M.Kouroubacalis 96.00 Traf. Coll. Invest. 9122-26 G_McLaughlin 151.00 247.00 126245 08/28!2008 011101 RIVERSIDE LAND Jul Consulting Srvcs:Open Space 1,090.60 1,090.60 CONSERVANCY 126246 08/28!2008 009621 SCOTTSDALE COMMERCE LLC 1 YrOff--Site Storage: City ClerklRcrds 11,825.00 11,825.00 126247 08/28!2008 011743 SEGWAY OF PACIFIC BEACH Segway Repairs:Police 1,234.40 1,234.40 Page9 apChkLst Final Check List Page: 10 08/28/2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126248 08/28/2008 004814 SIMON WONG ENGINEERING INC Jun eng srvcs:Main St BridgelMurr.Crk 46,895.32 46,895.32 126249 08/28/2008 OD2718 SO CALIF CITY CLERKS ASSN general mtg 9119 La Quinta, Ca S.Jones 35.00 35.00 126250 08/28/2008 000537 SO CALIF EDISON Aug 2-29-807-1093 Irrigation Diaz Rd 18.20 Aug 2-21-981-4720 Hwy 79S 55.08 Aug 2-29-223-8607 Old Twn PED 1,631.12 Aug 2-29-807-1226 Diaz Rd Irrigation 16.83 Aug 2-29-807-1382 Irrigation Meter 15.82 Aug 2-30-099-3847 varicus mtrs 55.44 Aug 2-18-937-3152T.Museum 1,492.74 Aug 2-1 4204-1 61 5 Front St Rdio 32.11 Aug 2-29-657-2787 Winchester Rd 16.39 Aug 2-02-351-4946 MPSC 2,223.64 Aug 2-19-171-8568 Wedding Chpl 75.44 Aug 2-29-933-3831 FOC 2,507.07 Aug 2-30-296-9522 Rancho Vista Rd 2,237.12 Aug 2-29-224-0173 Fire Stn 2,809.76 Aug 2-27-371-8494 Offsite Storage 24.17 Aug 2-28-904-7706 Overland Trail 140.03 Aug 2-28-331-4847 Pauba Rd 103.56 Aug 2-20-817-9929 Police O.T. Stn 360.41 13,814.93 126251 08/28/2008 001212 SO CALIF GAS COMPANY Aug 095-167-7907-2 Fire Stn 84 175.11 Aug 021-725-0775-4 MPSC 845.77 1,020.88 126252 08/28/2008 DD0519 SOUTH COUNTY PEST CONTROL pest control: pbsp 42.00 INC pest control: tem. trails park 94.00 136.00 126253 08/28/2008 DD0293 STADIUM PIZZA INC Refreshments:FAM event 8118 320.33 320.33 126254 08/28/2008 002015 STAR WAY PRODUCTIONS stage curtain rigging repair:theater 4D0.00 400.00 126255 08/28!2008 006145 STENO SOLUTIONS Jul transcription srvcs:Police 889.92 889.92 TRANSCRIPTION 126256 08/28!2008 011420 SUNSET METAL WORKS INC stainless steel bottom door caps: crc 95.00 95.00 126257 08/28/2008 012242 SLITHERS, SEAN refund:"Mammal" book 19.99 19.99 126258 08/28/2008 007698 SWANK MOTIONS PICTURES, "Aladdin" rental: summer film event 8122 371.00 371.00 INC. Page:10 apChkLst Final Check List Page: 11 08/2812008 3:53:37PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Amount Paid Check Total Check # Date Vendor Description 126259 08128!2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:theater Misc supplies:theater Misc supplies:theater Misc supplies:theater Misc supplies:theater Misc supplies:theater Misc supplies:children's museum Misc supplies:children's museum Misc supplies:children's museum Misc supplies:aquaticsggrm Misc supplies:aquaticsggrm Misc supplies:aquaticsggrm Misc supplies:day camp Misc supplies:aquaticsggrm Misc supplies:day camp Misc supplies:day camp Misc supplies:mpsc Misc supplies:mpsc Misc supplies:FAM pgrm Misc supplies:Tiny Tots pgrm 126260 08/28/2008 011275 TEM. VLY GIRLS SOFTBALL ASSOC. 126261 08/28/2008 010679 TEMECULA AUTO REPAIRIRADIATOR refund:sec.depositlcrc 8113/08 City veh repair & maint:fire prevention City veh repair & maint:paramedics 126262 08/28/2008 008292 TEMECULA DIESEL AUTO & City veh repair & maint:pw maint TRUCK City veh repair & maint:pw maint City veh repair & maint:pw maint 126263 08/28!2008 003677 TEMECULA MOTORSPORTS LLC Police motorcycle repair & maint 126264 08128!2008 011736 TEMECULA TROPHY INC 126265 08/28!2008 004274 TEMECULA VALLEY SECURITY CENTR 126266 08/28/2008 000919 TEMECULA VALLEY UNIFIED SCHOOL emp recogn. plaque:K.Krueger Recognition plaques:Commissioners Recognition awards:aquatics pgrm Recognition Awards: Human Resources Recognition Awards: N.Miles Recognition Awards: R.Hruska Locksmith srvcs:var park sites Locksmith srvcs:theaterlcityholl locksmith srvcs:pbsp FY 07108 CHS Pool Maintenance 185.38 21.53 180.26 192.01 148.67 94.19 26.81 67.58 90.75 56.99 98.95 173.24 26.04 98.96 82.12 86.10 61.36 71.25 213.74 102.39 150.00 128.65 97.80 682.98 629.20 428.82 68.63 111.52 426.59 101.32 65.67 89.22 94.55 90.00 40.68 90.D0 40,184.25 2,078.32 150.OD 226.45 1,741.00 68.63 888.87 220.68 40,184.25 Page:11 apChkLst Final Check List Page: 12 08128!2008 3:53:3 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126267 08!28!2008 003849 TERRYBERRYCOMPANY employee recogn. awards: HR 362.72 362.72 126268 08/28/2008 011877 THOMPSON, ANGELA refund:"Pardon my French" book 9.99 9.99 126269 08128!2008 OD3862 THYSSENKRU PP Elevator maim srvcs: city fac's 2,040.00 2,040.00 ELEVATOR.BRNCH 37 126270 08/28/2008 OD0668 TIMMY D PRODUCTIONS ING Sound srvcs:csd movies in park series 11,ODO.OD Sound srvcs:csd smr concert series 6,000.00 17,000.00 126271 08/28!2008 000319 TOMARK SPORTS INC tennis nets: tvhs 981.92 981.92 126272 08/28!2008 002452 TOP LINE INDUSTRIAL Equip repair & maint:pw maim div 20.86 Equip repair & maint:pw maim div 191.51 212.37 126273 08/28!2008 004308 TOWNE & COUNTRY AUTO & Auto towing srvcs:temecula police 150.00 150.00 TOWING 126274 08128!2008 OD7709 TOYOTA OF TEMECULA VALLEY City veh repair & maim: Planning 42.47 42.47 126275 08/28/2008 OD7451 TRIAS, MARIFEL Refund:Tiny Tots -Terrific 3's 52.00 52.OD 126276 08/28/2008 010526 TUCKER, DON 819-8115 Trolley srvcs:old town 800.00 8116-8122 Trolley srvcs:old town 800.00 8123-8129 Trolley srvcs:old town 800.00 2,400.00 126277 08/28!2008 004145 TW TELECOM Aug City phones general usage 4,202.29 4,202.29 126278 08/28!2008 010276 TW TELECOM Aug high speed internet mpsc 44.95 Aug high speed internet Fire Stn 92 128.04 172.99 126279 08/2812008 OD4759 TWIN GRAPHICS City veh. graphics:policeuvits 565.69 565.69 126280 08/28/2008 D05460 U S BANK Fiscal agentlarbitrage fees:CFD 88-12 5,300.D0 5,300.OD Page:12 apChkLst 08/28/2008 3:53:37PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 126281 08128(2008 004261 VERIZON 126282 08/28!2008 126283 08/28!2008 126284 08128!2008 126285 08/28/2008 126286 08/28!2008 126287 08/28!2008 126288 08/28/2008 004789 012163 012240 010003 011213 012237 011963 VERIZON ONLINE VIDEO MATCH INC VILLENA, FRANCISCO WALKER, TODD WAVE WATERPARK, THE WRIGHT, PAM YAKAR Final Check List CITY OF TEMECULA Page: 13 (Continued) Description Amount Paid Check Total Aug xxx-2075 general usage 27.79 Aug xxx-3526 fire alarm 101.70 Aug xxx-5696 Sports Complex 33.89 Aug xxx-2676 general usage 33.89 Aug xxx-5706 Field OPS Cntr 305.08 Aug xxx-2016 reverse 911 120.33 Aug xxx-7786 C. Washington 36.17 Aug xxx-5072 general usage 4,983.27 Aug xxx-6084 general usage 32.87 Aug xxx-0074 general usage 292.08 Aug xxx-5473 Moraga Rd 39.74 Aug xxx-0073 general usage 258.09 Aug xxx-4723 Police Storefront 34.97 Aug xxx-8573 general usage 33.89 Aug xxx-3564 alarm 67.79 Aug xxx-3143 PD Overland Office 36.15 Aug xxx-5275 PD DSL 34.97 Aug xxx-0714 PD Mall Alarm 35.83 6,508.50 Internet sues/EOC backup @ stn 84 39.95 Internet sues/EOC backup @ stn 84 439.95 479.90 Crime prevention DVD's:police 69.50 69.50 refund:sec.depositlCRC 8/17!08 150.00 150.00 TCSD Instructor Earnings 470.40 470.40 Excursion:day camp 8114 1,648.00 1,648.00 refund:sec.deposit/mpsc 8!9108 150.00 150.00 Const srvcs:roller hockey rink prof 160,515.D0 160,515.00 Grand total for UNION BANK OF CALIFORNIA: 1,247,534.37 Page:13 apChkLst Final Check List Page: 14 08128J2QQ8 3:53:37PM CITY OF TEMECIJLA 149 checks in this report. Grand Tatal All Checks: 1,247,534.37 Page:14 ITEM RI~J. 4 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 9, 2008 SUBJECT: City Treasurer's Report as of July 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 2008. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2008 City of Temecula, California Portfolio Management Portfolio Summary July 31, 2008 City of Temecula 43299 Business Park Drive P-O- BaX 9933 Temecula, CA. 92599 (951)694-6430 Par Market Book a/o of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.36 1,177 761 5.saa 5.678 Managed Pool Accounts 113,762,596.52 113,762,596.52 113,762,596.52 47.48 1 1 2.778 2.817 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tmentFunds 61,595,734.83 61,593,331.31 61,595,734.83 25.71 1 1 2.854 2.894 Commercial Paper - Intermit Bearing 5,940,094.20 5,940,094.20 5,940,094.20 2.48 163 32 2.278 2.309 FederalAgencyCallableSecurities a6,a00,000.00 46,480,086.00 46,397,187.50 19.36 1,426 1,252 4.226 4.284 FederalAgencyBulletSecurities 6,000,000.00 5,984,710.00 5,989,410.00 2.50 1,126 991 3.516 3.564 Investment Contracts 5,066,x88.76 5,066,x88.76 5,066,x88.76 2.11 9,336 6,975 4.289 4.349 239,638,900.84 239,701,293.32 239,625,498.34 100.00% 511 419 3.126 3.170 Investments Cash and Accrued Interest PassbooklChecking -1,00x,192.72 -1,004,192.72 -1,004,192.72 a a a.aaa a.aaa (not included in yield calculations) Accrued Interest at Purchase 2,493.20 2,493.20 Subtotal -1,001 699.52 -1,001,699.52 Total Cash and Investments 238,634,708.12 236,699,593.80 238,623,798.82 511 419 3.126 3.170 Total Earnings July 31 Month Ending Fiscal Year Ta Date Current Year 653,364-49 653,364-49 Average Daily Balance 247,650,515.37 218,572,822.17 Effective Rate of Return 3.11% 0.27% Reporting period 07!01!2008-07!31!2008 Portfolio TEME CP Run Date: 08+28+2008 -1&:43 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments July 31, 2008 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 104348008 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACQ Al 94669921 03-1 ACQ B1 94669902 03-1 BOND 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 1MP 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 94669000 03-3 SP TAX 94686001 03-4 ADMIN 94686005 03-4 PREPMT 94686000 03-4 REDEMP 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 1MP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 88-12 BOND 95453518 86-12 GEN I 122216009 CITY COP COS 122216003 CITY COP RES 94434161 RDA 02 PRIN Run Date: f~8128l2f~08 - 16:43 5.600 5.G78 7G1 09.101!2010 5.600 5.678 761 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 256,070.66 256,070.66 256,070.66 1.490 1.470 1.490 1 First American Treasury 401.98 401.98 401.98 1.490 1.470 1.490 1 First American Treasury 189.99 189.99 189.99 1.490 1.470 1.490 1 First American Treasury 463,245.66 463,245.68 463,245.68 1.490 1.470 1.490 1 First American Treasury 4,254.49 4,254.49 4,254.49 1.490 1.470 1.490 1 First American Treasury 15,048.98 15,046.98 15,048.98 1.490 1.470 1.490 1 Firsk American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 205.67 205.67 205.67 1.490 1.470 1.490 1 First American Treasury 456,662.41 456,662.41 456,662.41 1.490 1.470 1.490 1 First American Treasury 91,640.73 91,640.73 91,640.73 1.490 1.470 1.490 1 First American Treasury 4,211.50 4,211.50 4,211.50 1.490 1.470 1.490 1 First American Treasury 3,427.26 3,427.26 3,427.26 1.490 1.470 1.490 1 First American Treasury 124.36 124.36 124.36 1.490 1.470 1.490 1 First American Treasury 366.00 366.00 366.00 1.490 1.470 1.490 1 Firsk American Treasury 1,777,408.16 1,777,408.16 1,777,408.16 1.490 1.470 1.490 1 First American Treasury 619.50 819.50 819.50 1.490 1.470 1.490 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 671.28 871.28 671.28 1.490 1.470 1.490 1 First American Treasury 388.35 388.35 388.35 1.490 1.470 1.490 1 First American Treasury 963,812.46 963,812.46 963,812.46 1.490 1.470 1.490 1 First American Treasury 11,310.00 11,310.00 11,310.00 1.490 1.470 1.490 1 First American Treasury 4,054.21 4,054.21 4,054.21 1.490 1.470 1.490 1 Firsk American Treasury 46,955.80 46,955.80 46,955.80 1.490 1.470 1.490 1 First American Treasury 88.05 66.05 88.05 1.490 1.470 1.490 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 18.09 16.09 18.09 1.490 1.470 1.490 1 First American Treasury 307.49 307.49 307.49 1.490 1.470 1.490 1 First American Treasury 156,635.77 156,635.77 156,635.77 1.490 1.470 1.490 1 First American Treasury 2,930.86 2,930.86 2,930.86 1.490 1.470 1.490 1 First American Treasury 07/01/2007 24.10 24.10 24.10 1.490 1.470 1.490 1 First American Treasury 03/13!2008 40,635.77 40,635.77 40,635.77 1.490 1.470 1.490 1 First American Treasury 03/13/2008 539.82 539.82 539.82 1.490 1.470 1.490 1 First American Treasury 07/24!2008 445,000.00 445,000.00 445,000.00 1.490 1.470 1.490 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a Report Ver. 5.(10 City of Temecula, California Portfolio Management Portfolio Details -Investments July 31, 2008 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 107886000 RDA 06 A INT First American Treasury 618,118.38 618,118.38 618,118.38 1.490 1.470 1.490 1 107886010 RDA 06 B INT First American Treasury 0.06 0.06 0.06 1.490 1.470 1.490 1 107886008 RDA 06 CIP A First American Treasury 1,753.85 1,753.65 1,753.85 1.490 1.470 1.490 1 107886018 RDA 06 CIP B First American Treasury 6,795.94 6,795.94 6,795.94 1.490 1.470 1.490 1 107686016 RDA 06 RES B First American Treasury 202,638.95 202,636.95 202,638.95 1.490 1.470 1.490 1 107886030 RDA 07 CAP I First American Treasury 11/01!2007 90.19 90.19 90.19 1.490 1.470 1.490 1 107886029 RDA 07 COI First American Treasury 11/01/2007 0.00 0.00 0.00 1.820 1.795 1.820 1 107886027 RDA 07 ESCRO First American Treasury 11/01!2007 452.90 452.90 452.90 1.490 1.470 1.490 1 107886020 RDA 07 INT First American Treasury 07/01/2008 25.08 25.08 25.08 1.470 1.450 1.470 1 107886028 RDA 07 PROJE First American Treasury 11/01!2007 17,257.03 17,257.03 17,257.03 1.490 1.470 1.490 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 91.08 91.08 91.08 1.490 1.470 1.490 1 94434160 RDA TABS INT First American Treasury 668,609.07 668,609.07 668,609.07 1.490 1.470 1.490 1 94432360 TCSD COPS IN First American Treasury 22.62 22.62 22.62 1.500 1.479 1.500 1 793593011-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01!2007 41,497,253.93 41,497,253.93 41,497,253.93 2.894 2.854 2.894 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,517,836.46 1,517,836.48 1,517,636.46 2.894 2.854 2.894 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01!2007 1,167,806.96 1,167,806.96 1,167,806.96 2.894 2.854 2.894 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 690,976.30 690,976.30 690,976.30 2.894 2.654 2.894 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01!2007 3,786,778.12 3,786,778.12 3,786,778.12 2.894 2.854 2.894 1 122216008 CITY COP GIP CA Local Agency Investment Fun 03/13/2008 22,722,817.26 22,722,817.26 22,722,817.26 2.894 2.854 2.894 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 03/13!2008 798,833.27 798,833.27 798,833.27 2.894 2.854 2.894 1 107686008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,875,560.72 16,675,560.72 16,675,560.72 2.894 2.654 2.894 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,978,625.97 2,978,625.97 2,978,625.97 2.894 2.854 2.894 1 107886030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01/2007 469,311.44 469,311.44 469,311.44 2.894 2.854 2.894 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01!2007 4,147,558.06 4,147,558.06 4,147,558.06 2.894 2.854 2.894 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2007 10,011,649.49 10,011,649.49 10,011,649.49 2.894 2.654 2.894 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01!2007 834,080.08 834,080.08 834,080.08 2.894 2.854 2.894 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1 Subto tal and Average 112,088,734.94 113,762,596.52 113,762,596.52 113,762,596.52 2.778 2.817 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01!2007 1.00 1.00 1.00 0.000 0.000 1 793593006-2 02006 Citibank, N.A. 07/01/2007 1.00 1.00 1.00 0.000 0.000 1 793593006-1 02005 Ohio Savings Bank 07/01!2007 1.00 1.00 1.00 0.000 0.000 1 Subto tal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Local Agency In vestment Funds 94669911-1 03-1 ACOA2 CA Local Agency Investment Fun 1,475,270.00 1,475,270.00 1,475,270.00 2.894 2.854 2.894 1 PortfolioTEME GP Run Date: 08128(2008 - 16:43 PM (PRF_PM 2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments July 31, 2008 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,772,475.33 3,772,475.33 3,772,475.33 2.894 2.654 2.894 1 744727011-1 03-3 ACO2 CA Local Agency Investment Fun 5,239,997.66 5,239,997.66 5,239,997.66 2.894 2.854 2.894 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 1,889,913.18 1,889,913.18 1,889,913.18 2.894 2.854 2.894 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 421,962.70 421,962.70 421,962.70 2.894 2.854 2.894 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 514,193.12 514,193.12 514,193.12 2.894 2.654 2.894 1 SYSCITY CITY CA Local Agency Investment Fun 17,424,316.52 17,423,449.12 17,424,316.52 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 15,802,685.21 15,801,898.54 15,802,685.21 2.894 2.854 2.894 1 SYSTGSD TCSD CA Local Agency Investment Fun 15,054,921.11 15,054,171.66 15,054,921.11 2.894 2.854 2.894 1 Subtotal and Average 76,06D,204.76 61,595,734.83 61,593,331.31 61,595,734.83 2.854 2.894 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03/18!2008 441,166.18 441,1GG.18 441,1GG.18 2.150 2.150 2.180 32 09!02!2008 104348016-1 01-2 RES B 1 USBANK 03/18/2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 32 09/02/2006 104348000-1 01-2 SP TX 1 USBANK 03/24!2008 44,698.49 44,698.49 44,698.49 2.200 2.200 2.231 32 09!02!2008 104348000-2 01-2 SP TX2 USBANK 03/18/2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 32 09/02!2008 94669916-1 03-1 RES B 1 USBANK 03/18!2008 223,360.03 223,360.03 223,360.03 2.150 2.150 2.180 32 09!02!2008 94669900-1 03-1 SP TX 1 USBANK 03/24/2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 32 09/02/2008 94669900-2 03-1 SP TX2 USBANK 03/18!2008 209,G21.44 209,621.44 209,621.44 2.150 2.150 2.180 32 09!02!2008 793593016 03-2 LOC USBANK 03/27/2008 3,412,374.62 3,412,374.62 3,412,374.62 2.370 2.370 2.443 32 09/02/2008 793593000-1 03-2 SP TX 1 USBANK 03/18!2008 418,562.66 418,562.66 418,562.66 2.150 2.150 2.180 32 09!02!2008 744727000-1 03-3 SP TX 1 USBANK 03/18/2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 32 09/02/2006 744727000-2 03-3 SP TX 2 USBANK 03/18!2008 56,681.63 56,681.63 56,681.63 2.200 2.200 2.231 32 09!02!2008 SYS03-4 REDEMP2 03-4 REDEMP2 USBANK 03/03/2008 50,780.20 50,780.20 50,780.20 2.150 2.150 2.180 32 09/02!2008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03!2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 32 09!02!2008 786776006-1 03-6 RES-1 USBANK 03/18/2008 336,657.36 338,657.38 336,657.36 2.150 2.150 2.180 32 09/02/2006 786776000-1 03-6 SP TX-1 USBANK 03/18!2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.180 32 09!02!2008 786776000-2 03-6 SP TX-2 USBANK 03/24!2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 32 09/02/2008 95453518 88-12 G I ~ USBANK 03/18!2008 27,637.2G 27,637.26 27,G37.26 2.150 2.150 2.180 32 09!02!2008 Subtotal and Average 5,940,094.20 5,940,094.20 5,940,094.20 5,940,094.20 2.278 2.309 32 Federal Agency Ca llable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,016,880.00 1,000,000.00 5.000 4.932 5.000 1,519 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06!2008 2,000,000.00 1,965,000.00 2,000,000.00 3.590 3.541 3.590 1,284 02!06!2012 31331YOX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 1,999,380.00 2,000,000.00 3.000 2.959 3.000 559 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14!2008 2,000,000.00 1,968,760.00 2,000,000.00 3.750 3.G99 3.750 1,655 02!11!2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 988,750.00 1,000,000.00 3.150 3.107 3.150 965 03!24!2011 31331YV49 01096 Federal Farm Credit Bank 06/11!2008 2,000,000.00 1,984,380.00 2,000,000.00 4.150 4.093 4.150 1,410 06!11!2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,010,620.00 2,000,000.00 4.230 4.172 4.230 1,063 06!30!2011 PortfolioTEME GP Run Date: f~8128l2f~08 - 16:43 PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Investments July 31, 2008 Page 5 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Baak Value Stated Rate YTM 360 YTM 365 Days to Maturity Maturity Date Federal Agency Callable Securities 31331Y3E6 01103 Federal Farm Credit Bank 47/15/2408 1,004,404.04 1,042,194.40 1,404,040.04 3.950 3.896 3.954 1,478 07/15/2011 31331Y4G2 01106 Federal Farm Credit Bank 07/28!2008 1,000,000.00 1,000,000.00 1,000,000.00 3.300 3.255 3.300 726 07!28!2010 31331Y4H0 01107 Federal Farm Credit Bank 07/28/2008 1,004,404.04 999,384.40 1,404,040.04 3.750 3.699 3.754 1,491 07/28/2011 3133XLS47 01069 Federal Home Loan Bank 07/30!2007 1,000,000.00 1,025,310.00 1,000,000.00 5.650 5.573 5.650 1,459 07!30!2012 3133XLXW6 01471 Federal Home Loan Bank 08/15/2407 1,000,000.00 1,041,254.40 1,404,440.04 5.540 5.425 5.504 1,475 08/15/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24!2007 2,000,000.00 2,028,760.00 2,000,000.00 5.330 5.256 5.329 1,313 03!06!2012 3133XM5R6 01473 Federal Home Loan Bank 08/28/2407 1,004,404.04 1,416,564.40 1,404,040.04 5.480 5.411 5.080 1,120 48/26/2411 3133XM5E7 01074 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,020,630.00 1,000,000.00 5.220 5.135 5.206 1,488 08!28!2012 3133XMDM0 01477 Federal Home Loan Bank 10/02/2407 1,004,404.04 1,044,694.40 1,404,040.04 5.340 5.227 5.304 1,523 10!02/2012 3133XMLM1 01079 Federal Home Loan Bank 10117!2007 1,000,000.00 1,004,380.00 1,000,000.00 5.000 4.930 4.999 1,172 10!17!2011 3133XMLG4 01484 Federal Home Loan Bank 10/18/2407 1,004,400.04 1,045,314.40 1,404,040.04 5.240 5.128 5.204 1,530 10!09!2412 3133X4EF5 01089 Federal Home Loan Bank 04/02!2008 1,000,000.00 992,810.00 1,000,000.00 3.800 3.748 3.800 1,340 04!02!2012 3133XC]Y46 01493 Federal Home Loan Bank 44/28/2408 1,004,404.04 994,064.40 1,404,440.04 3.640 3.551 3.604 1,183 10/28/2411 3133XRSM3 01102 Federal Home Loan Bank 07/23!2008 1,000,000.00 1,002,810.00 1,000,000.00 4.050 3.993 4.049 1,270 01!23!2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2008 1,004,404.04 998,754.40 1,404,040.04 4.040 3.946 4.041 1,368 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30!2008 1,000,000.00 1,006,250.00 1,000,000.00 4.220 4.162 4.220 1,459 07!30!2012 3133XKH24 1062 Federal Home Loan Bank 44/16/2407 1,004,404.04 1,415,944.40 1,404,040.04 5.250 5.178 5.254 1,354 04/16/2012 3128XGML7 01076 Federal Home Loan Mtg Corp 10/01!2007 1,000,000.00 1,003,960.00 1,000,000.00 5.000 4.932 5.000 791 10!01!2010 3126X6MQ6 01481 Federal Home Loan Mtg Corp 10/18/2407 1,000,000.00 1,043,614.40 1,404,040.04 5.250 5.177 5.249 1,522 10/01!2412 3128X6RP3 01082 Federal Home Loan Mtg Corp 11128!2007 1,400,000.00 1,404,816.00 1,400,000.00 4.600 4.537 4.600 847 11/26/2010 3126X6L61 01484 Federal Home Loan Mtg Corp 42/04/2408 2,004,404.04 1,991,880.00 2,404,040.04 4.040 3.945 4.004 1,648 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp OG/04!2008 2,000,000.00 1,997,340.00 2,000,000.00 4.000 3.945 4.000 1,403 06!04!2012 3136F8TE5 01478 Federal National Mtg Assn 10/15/2007 1,004,400.04 1,044,384.40 1,404,040.04 5.042 4.936 5.005 1,078 47/15/2011 3136F9CB7 01088 Federal National Mtg Assn 03/11!2008 2,000,000.00 2,001,260.00 2,000,000.00 4.000 3.945 4.000 1,683 03!11!2013 3136F9DP5 01494 Federal National Mtg Assn 43/27/2408 1,004,404.04 1,040,314.40 1,404,040.04 4.040 3.945 4.000 1,699 03/27/2013 3136F9MU4 01094 Federal National Mtg Assn 04/30!2008 1,000,000.00 997,810.00 1,000,000.00 3.000 2.959 3.000 637 04!30!2010 3136F9UF8 01497 Federal National Mtg Assn 46/24/2408 1,004,404.04 1,041,564.40 1,404,040.04 3.640 3.551 3.604 875 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,004,060.00 997,187.50 4.000 4.044 4.101 1,057 06/24/2011 3136F9WV1 01104 Federal National Mtg Assn 47/02/2408 1,000,000.00 1,449,064.40 1,404,440.04 4.040 3.945 4.004 700 07/02/2010 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,000.00 1,007,190.00 1,000,000.00 5.300 5.227 5.300 1,375 05!07!2012 Subtotal and Average 41,590,735.89 46,400,000.00 46,480,086.00 46,397,187.50 4.226 4.284 1,252 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,033,130.00 1,000,000.00 5.000 4.934 5.002 663 05!26!2010 31331YG46 01492 Federal Farm Credit Bank 04i21120a8 2,004,404.04 1,953,764.40 1,993,740.04 2.630 2.743 2.744 993 44/21?2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15!2008 1,000,000.00 994,690.00 998,140.00 3.500 3.514 3.563 1,158 10!03!2011 31331Y3N8 01111 Federal Farm Credit Bank 47/30/2408 1,004,404.04 1,041,254.40 999,040.04 3.625 3.610 3.661 1,478 47/15/2011 3133XRRUG 01101 Federal Home Loan Bank 07/03!2008 1,000,000.00 1,001,880.00 998,570.00 3.625 3.626 3.676 1,064 07!01!2011 PortfolioTEME GP Run Date: f~8128l2f~08 - 16:43 PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Investments July 31, 2008 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date 5ubtatal and Average 4,539,664.84 6,000,000.00 5,984,710.00 5,989,410.00 3.516 3.564 991 Investment Contracts 94669906-1 03-1 RES A2 American International Group M 744727006-1 03-3 RESERV IXIS Funding Gorp 95453518-1 86-12 GEN IM IXIS Funding Corp 95453516-1 88-12 RES 2 IXIS Funding Corp Subtotal and Average 5,066,488.76 04/28/2004 863,900.00 863,900.00 863,900.00 4.630 4.764 4.830 9,161 08/31/2033 07/28!2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,526 08!31!2034 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,318 09!01!2017 07/24!1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,318 09!01!2017 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 6,975 Page 6 Total and Average 247,650,515.37 239,638,900.84 239,701,293.32 239,625,498.34 3.126 3.170 419 Run Date: f~8/28(2f~08 - 16:43 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Cash July 31, 2408 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01!2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 9,312.08 9,312.08 9,312.08 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 -1,033,334.55 -1,033,334.55 -1,033,334.55 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 17,119.75 17,119.75 17,119.75 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 2,493.20 2,493.20 0 Subtotal -1,001,699.52 -1,001,699.52 Total Cash and Investments 247,650,515.37 238,634,708.12 238,699,593.80 238,623,798.82 3.126 3.170 419 Run Date: f~8/28(2f~08 - 16:43 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a CASH AND INVESTMENTS REPORT CITY OF TEMECULA AS OF JULY 31, 2008 Fund Total GENERAL FUND $ 45,831,576.42 STATE GAS TAX FUND 928.71 DEVELOPMENT IMPACT FUND 3,491,123.61 AB 2766 FUND 496,513.42 AB 3229 COPS 6,925.70 RDA DEV LOW/MOD 20% SET ASIDE 9,011,481.20 MEASURE A FUND 7,871,712.57 TEMECULA COMMUNITY SERVICES DISTRICT 739,440.16 TCSD SERVICE LEVEL "B" STREET LIGHTS 66,583.51 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 466,095.04 TCSD SERVICE LEVEL "D" 35,189.98 TCSD SERVICE LEVEL "R" STREET/ROAD 38,566.11 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 240,285.25 TEMECULA LIBRARY FUND 1,857,695.63 CAPITAL IMPROVEMENT PROJECT FUND 42,439,046.95 CFD 88-12 ADMIN EXPENSE FUND 78.42 CFD 01-2 HARVESTON A&B IMPROVEMENT 256,070.66 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 5,267,048.80 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 7,553,952.67 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 514,211.21 CFD-RO RI PAUL H 44, 282,176.86 REDEVELOPMENT AGENCY - CIP PROJECT 22,101,810.70 INSURANCE FUND 1,494,082.50 VEHICLES FUND 699,132.87 INFORMATION SYSTEMS 794,159.63 SUPPORT SERVICES 341,656.05 FACILITIES 123, 475.25 CITY 2008 COP'S DEBT SERVICE 840,009.86 RDA DEBT SERVICE FUND 18,875,525.60 TCSD 2001 COP'S DEBT SERVICE 12,599.50 CFD 88-12 DEBT SERVICE FUND 4,632,196.47 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,356,142.35 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,863,538.85 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 220,114.92 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,740,723.67 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 538,873.55 CFD- RORIPAUGH 10,597,767.18 CERBT CALIFORNIA EE RETIREE-GASB45 1,081.97 Grand Total: $ 238,699,593.80 ITEM RI~J. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 9, 2008 SUBJECT: First Amendment to Agreement with Environmental Science Associates (ESA) for Splash Canyon Waterpark Environmental Impact Report PREPARED BY: Katie Le Comte, Assistant Planner RECOMMENDATION: That the City Council approve theFirstAmendmenttoAgreementwith ESA in the amount of $119,900 for the continued effort of preparing an Environmental Impact Report (EIR) for the Splash Canyon Water Park, Planning Application No. PA08-0037. BACKGROUND: On February 25, 2008 the City Manager administratively approved an agreement in the amount of $29,900 for consultant services between the City of Temecula and Environmental Science Associates (ESA) for Phase 1 of the preparation of the Splash Canyon Water Park Environmental Impact Report. ESA subsequently provided a Scope of Work for the remaining phases to complete the EIR and began their work effort. The applicant, Clear Water Development, deposited funds for the total cost of the Agreement and First Amendment. At this time work has been suspended on the EIR while the applicant explores an alternative location. FISCAL IMPACT: The amount of the First Amendment with ESA is $119,900 for a total agreement amount of $149,800. Sufficient funds were received by the applicant on August 8, 2008 and deposited into account number 001.2604. ATTACHMENTS: First Amendment to the Agreement Original Consultant Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR SPLASH CANYON WATER PARK THIS FIRST AMENDMENT is made and entered into as of September 9, 2008 by and between the City of Temecula ("City"), a municipal corporation, and ESA {"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 February 25, 2008, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Consulting Services," in the amount of $29,900. b. The parties now desire to expand the scope of work for consulting services and; c. Increase the payment for consulting services by adding $119,900 to the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT. Section 5a, Payment, of the Agreement is hereby amended to read as follows: "a. 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 One Hundred Nineteen Thousand Nine Hundred Dollars {$119,900) for additional Consulting Services for a total Agreement amount of One Hundred Forty Nine Thousand Eight Hundred Dollars {$149,800)." 3. Exhibits A and B to the Agreement are 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. 4. 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 By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates Eric Ruby, Vice President/Regional Director 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 BY: (Signature) NAME: {Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) TWO SIGNATURES REQUIRED FOR CORPORATIONS 2 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the ConsultantlVendor/Contractor. Scope of Work This scope of work has been developed based upon discussion with City of Temecula staff, review of the previously prepared Initial Study and MND, available project documents and information, CEQA statute and guidelines, and assumes that all project description details including engineering, architecture, landscape architecture and land planning will be provided by others. Task 1 -Project Management/Coordination/Preliminary Environmental Review Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately 12 hours per month for project management/coordination for the duration of the project. We have also included costs for meeting attendance with City staff and the project team, and attendance at Planning Commission and City Council public hearings. Task 1 will include preliminary research and review of the project application materials, Initial Study and CEQA notices. EIR organization and scheduling will also be developed as part of Task 1. Task 2 -Draft E1R ESA will prepare an Administrative Draft EIR far review by the City of Temecula and the project team. The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15163 of the CEQA Guidelines. It will include the above outlined specific CEQA- required sections and will incorporate the balance of the CEQA sections contained in the original EIR by reference. Notice of Preparationllnitial StudylScoping The City of Temecula will prepare a Notice of Preparation {NOP) and Initial Study for the proposed project to solicit input into the content of the EIR. Based on our preliminary knowledge of the project the following environmental issues will be identified in the Initial StudylNOP as being evaluated in the EIR: air quality, noise, traffic, aesthetics and public serviceslutilities. The City of Temecula is responsible for all CEQA and public hearing noticing and advertising costs. Document production assumption -City to provide IS/NOP Document production The following outline summarizes the proposed organization of the Draft EIR: Executive Summary: The executive summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features of the project which will be implemented. The executive summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as insignificant), and will contain a summary analysis of the 3 alternatives to the proposed project. In addition the executive summary will provide an overview of the courts action and how each writ of mandate issues will be addressed in the EIR. Section 1.0 -Introduction: The introduction will include the purpose of an EIR and CEQA procedural information. A detailed discussion of the Writ of Mandate and EIR structure will be included in the introduction as well as a summary of the incorporation by reference process. In addition the introduction will summarize all of the impact analysis contained in the original Draft EIR. Section 2.0 -Project Description: The project description will be based on existing information and include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 3.0 -Environmental Impact Analysis: For each potentially significant issue identified in the NOP/Initial Study, this section of the EIR will include a discussion of the environmental setting, project impacts, cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. ESA will be responsible for the preparation of the technical analysis with regard to the environmental issues identified in Task 3 below. Section 4.0 -Alternatives: An alternative site will be evaluated in the draft EIR. Alternative site plan design schemes will be developed for the project, and will be incorporated into the draft EIR. For the purposes of this proposal, a total of one alternative site in addition to the mandatory no project alternative will be considered in this section of the EIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the applicant and the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives which may be required will result in modifications to the project budget. Section 5.0 -Long-term Implications of the Proposed Project: ESA will prepare the following CEQA-required analysis sections: significant irreversible environmental changes and growth-inducing impacts. Section 6.0 -Persons and Organizations ConsultedlReferences: ESA will prepare this section of the EIR to document all persons and sources that contributed to the environmental analysis. Subsequent to review by City and the project team of the Screencheck Draft EIR, ESA will prepare the Draft EIR which incorporates final changes. We assume that changes will be minimal due to early consultation with the City, previous approval of technical reports by City personnel, and submittal of the Screencheck Draft EIR. This scope of work assumes two rounds of screen check Draft EIR review. Copies of the Draft EIR, including technical appendices, will be provided for distribution. ESA will prepare the Notice of Completion prior to public circulation of the Draft EIR and will assist the City in transmitting the required copies to 4 the State Clearinghouse and required agencies. Individual EIR sections will be emailed to the city as they are completed to expedite document review. Document Production Assumption: 75 copies DE1R w/color exhibits - $75/copy, 25 copies of appendices Task 3 -Final EIRIFindingslMitigation Monitoring At the conclusion of the public review period, ESA will work with City to obtain all comments received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR, where required, will be prepared once all comments are received. It is assumed that if required, the applicant's technical consultants will provide any and all necessary input to the responses to comment letters that may be required. It is difficult to predict public reaction to the Draft EIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 20 comment letters. In the event that the public comments on the Draft EIR are greater than expected, ESA will meet with the city to adjust the work programlbudget as necessary. An Administrative Final EIR will be submitted to the City for review. Upon incorporation of comments on the Administrative Final EIR, ESA will prepare a Screencheck Final EIR for submittal to the City and project team. ESA assumes that comments on the Screencheck Final EIR will be minimal, due to early consultation with the City and the applicant when comments were received. This scope of work assumes two rounds of screen check Final EIR review. Subsequent to City review of the Screencheck Final EIR, ESA will prepare the Final EIR, including findings. It is understood that ESA would only prepare the Statement of Overriding Considerations, which incorporates final changes, as an optional task. ESA will assist the City in transmitting the required copies to the State Clearinghouse, required agencies and commentators. ESA will prepare a detailed Mitigation Monitoring and Reporting Program {MMRP) in accordance with Section 15063 of the CEQA Guidelines in response to any significant environmental impacts that may be identified to result from the proposed development. The MMRP will be submitted with the Draft EIR and completed once the FEIR is certified. Document Production Assumption: 25 copies FEIR, 25 copies/$2b.copy/MMRP Environmental Issues Based on the knowledge of the project, the following specific issues will be evaluated and addressed in the EIR: Air Quality Analysis Site preparation and construction activities, as well as operational characteristics, could generate substantial short term temporary and long term operational emissions of particulates and other criteria air pollutants that may exceed significance thresholds. Stationary and mobile source emissions associated with the project may result in project emissions that exceed South Coast Air Quality Management District {SCAQMD} thresholds of significance. These new 5 emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Air Basin. Tasks • Review the local and regional climate, meteorology, and topography as they affect the accumulation or dispersion of pollutants • Identify Federal, State, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. • Summarize current air quality conditions and recent trends (last three years) in the project area on the basis of the annual air quality monitoring data summaries published by the Air Resources Board (ARB). • Discuss SCAG2MD projections of future air quality trends over the life of the project as presented in the mast recent Air Quality Management Plan {AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. • Identify air pollutant-sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. • Describe the SCAQMD air quality impact significance thresholds for new developments. • Discuss, at an appropriate level of detail, the potential far short-term emissions of criteria air pollutants {those for which the U.S. Environmental Protection Agency has established ambient air quality standards) generated by construction activities. • Use URBEMIS 2007, version 9.2 air quality model to prepare a daily inventory of criteria air pollutant and carbon dioxide emissions for the proposed project. • Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of State or Federal air quality goals. • Discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would meet any SCAQMD thresholds of significance. • Summarize statewide planning efforts relative to climate change and the generation of greenhouse gas emissions, including Assembly Bill 32, Executive order S-01-07, and the reporting and recommendations to date of the California EPA Climate Action Team. Present discussion about how the California Code of Regulations Title 24 requires the construction of new energy efficient buildings that result in less greenhouse gas emissions. • Identify the greenhouse gas analysis recommendations of the Association of Environmental Professionals {AEP) as presented in its Alternative Approaches fo AnalyLing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, recently finalized on June 29, 2007. Recommend AEP endorsed feasible mitigation measures to help the proposed dealership reduce greenhouse gas without any major project redesigns, such as 6 encouraging recycling, landscaping recommendations, increased building efficiency, use of energy efficient appliances, use of highly efficient compact fluorescent lighting, worker carpooling, and pedestrian friendly design features, to reduce the project's contribution to greenhouse gas emissions. Identify cumulative development in the area {i.e., development that has been approved or is in-process) and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Mitigation measures will be developed in consultation with the Authority as appropriate. Quantify project impacts and evaluate whether mitigation measures would reduce the impacts below a level of significance. Identify the parties responsible for implementing each measure. Incorporate standard mitigations provided by the City, as appropriate. ESA has been listed by the California Climate Registry as a firm qualified to perform baseline emission inventories for greenhouse gases. ESA has been implementing greenhouse gas emissions analyses for the past eight months and has responded to comments from local air districts and the state attorney general. Deliverables: • 1 {one) electronic or unbound hardcopy -Air Quality Analysis • 2(two) hardcopy -Air Quality Analysis Acoustical Analysis Noise generated by construction activities and operational noise from the completed project would increase noise levels as a result of an increase in local traffic and operational activities. This analysis will be based on the traffic report and construction equipment mix. Tasks • Briefly describe and discuss existing major noise sources at the project site, particularly the noise from adjacent roadways. Describe the existing noise environment an the basis of up to four short-term measurements carried out by ESA staff. • Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed project. • Identify noise-sensitive land uses or activities in the vicinity of the project site, and along roads providing access to the project site, that would be affected by development of the proposed project. • Discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. 7 • Using the Federal Highway Administration's Highway Traffic Noise Prediction Model (FHWA-RD-77-1Q8}, ESA will calculate existing, future base case (i.e., without the project}, future project case (i.e., with the project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated by the project, to determine whether project vehicular traffic would adversely affect adjacent land uses. • Identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise-sensitive land uses. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with the lead agency and responsible agencies as appropriate. • Develop and discuss measures to mitigate potentially significant noise impacts. Deliverables: • 1 (one) electronic or unbound hardcopy -Acoustical Analysis • 2(two} hardcopy -Acoustical Analysis Aesthetics The proposed project includes the construction of a water park including elevated water slides and associated structures and may result in substantial visual changes to the project area. Tasks • Review the architectural and site plans design prepared for the proposed project. • Analyze the existing visual character of the project site. Compare the height and massing of the proposed project with surrounding land uses and structures. • Discuss consistency of the proposed project with visual quality and design policies and guidelines of the City General Plan and other plans and studies, as appropriate. • Evaluate the project site for potential nighttime light and glare impacts on nearby uses. • Prepare a visual simulation of the proposed project from adjacent areas • Discuss measures included in the proposed project to mitigate potentially significant visual impacts. As appropriate, identify additional or alternative measures to avoid or reduce any potentially significant effects to aless-than-significant level. • Determine the significance of potential project impacts on the existing character of the area. Traffic and Circulation (DKS} ESA will coordinate the traffic study to be prepared by DKS and will summarize findings in the EIR document. The traffic impact analysis will include an evaluation of construction related and operational effects of the proposed project. 8 Tasks • Prepare a traffic analysis which is will include a description of project area roadways, existing traffic volumes and intersection conditions, applicable plans and policies, construction and operational impacts, and mitigation measures, if required. The traffic study will evaluate the following intersections and segments in the vicinity of the proposed project: Access Evaluation and Site Plan Inputs • Review the project site plan (based on the most current site plan given at time of the study). • Assess adjacent roadway general plan classifications and intersection spacing criteria. • Interface with project team by teleconference, as necessary. • Prepare recommendations regarding access and internal circulation features. • Interface with jurisdiction staff by teleconference, as necessary. • Estimate project trip generation. • Determine project trip distribution. • Define the study area, including study intersections. • Identify cumulative projects and ambient growth patterns. • Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for review and approval. Traffic Counts and Existing Roadway Conditions Inventory • Conduct peak hour intersection turning movement counts, up to eight (8) existing intersections. • Conduct 24-hour roadway segment counts, up to four (4) segments. • Conduct 24-hour intersection approach counts for the study intersections meeting traffic signal warrants for existing conditions in Task 6.1, as required by the City of Temecula for up to eight (8) intersection. • Conduct a field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments. Cumulative Growth (Interim Year) Future Traffic Projections • Estimate the trip generation and determine the trip distribution of other cumulative developments in the study area, based on data provided by jurisdiction staff for cumulative developments. • Calculate cumulative future peak hour turning movement volumes, for up to $ existinglfuture intersections. • Calculate cumulative future average daily traffic (ADT) volumes on study area roadway segments. Intersection Operations Analysis • Perform ICUILOS analysis and traffic signal warrant analyses for the un-signalized study area intersections for each of the following traffic conditions: • Existing • Existing plus Ambient Growth plus Project • Existing plus Ambient Growth plus Project plus Cumulative Project 9 • Assess the intersection Level of Service (LOS), for up to 8 existing/future study area intersections, for each of the following traffic conditions: • Existing conditions • Existing plus Ambient plus Project (EAP} conditions • Existing plus Ambient plus Project plus Cumulative (EAPC) conditions • Recommend intersection improvements that would maintain acceptable intersection performance at the study intersections for each of the future traffic conditions described in the above task. • Review funding sources for study area circulation improvements. Deliverables: • 1 (one) electronic or unbound hardcapy -Traffic Report • 2 (two} hardcopies -Traffic Report Public Services and Utilities The following public services and utilities will be evaluated by the EIR: Water Supply • Discuss regional and local water supply setting and project impacts. • Identify measures to mitigate potential impacts that would result from the proposed project. Sanitary Sewer • Describe the current capacity and treatment methods and the location of the treatment plant that serves the proposed areas • Identify measures to mitigate potential impacts that would result from the proposed project. • Identify mitigation measures to comply with regulatory requirements. ElectricitylNatural Gas • Discuss energy supply setting. Evaluate the capacity of the energy suppliers to meet increased demand resulting from the proposed ordinance. • Identify measures to mitigate potential impacts that would result from the proposed project. Solid Waste • Identify providers of solid waste disposal to the project area. Describe transfer stations and landfill capacities. • Identify measures that would mitigate potential impacts to the providers of solid waste disposal resulting from the proposed project. Recreation • Describe the location, current levels of use, and existing conditions of recreation areas within the project area. 10 • Identify any project impacts on area recreation and park facilities. • Identify measures to mitigate potential impacts. Cumulative Impacts Implementation of the proposed project could contribute to cumulative impacts in the region. Cumulative impacts and mitigation measures will be documented and will be easily differentiated from project specific impacts and mitigation measures. Tasks • Compile a list of projects in the project vicinity in cooperation with the City and county and based on information provided in the traffic report. • Address the cumulative impacts of the proposed project in conjunction with other uses, existing and proposed, in the surrounding area. • Identify measures that would reduce cumulative impacts of the project to the City. Alternative Site Analysis Pursuant to Section 15126.6 of the CEQA Guidelines, an alternative site or alternative location to the currently proposed site/location will be identified, evaluated and compared and contrasted with the impacts associated with the proposed project site. Tasks • Clearly identify the process employed for selection of the alternative site and document impacts associated with the alternative site for each environmental factor contained in the original Draft EIR. • Document the environmental setting, and impacts associated with implementation of the project at the alternative site. Identify any required mitigation measures. • Determine if implementation of the project at the alternative site will reduce or eliminate impacts associated with the proposed project at its currently proposed location. • If the alternative site does not reduce identified environmental effects and/or is not feasible, provide the basis for rejection of the alternative. Schedule We understand that an aggressive schedule is required far this project and that certification of the EIR by the City will be the critical path for project scheduling purposes. The Administrative Draft EIR can be completed within six weeks of receipt of the final land plan and all technical studies, if the applicant and ESA are confident that no substantial changes to technical studies would occur in response to City comments. The start to finish CEQA process for the EIR is approximately 9 months. The following schedule {Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. 11 TABLE 1 SCHEDULE - TEMECULA WATER PARK EIR TASK DURATION Task 1 -Project ManagementlCoordination Ongoing Task 2 -Draft EIR Preparation Prepare Administrative Draft EIR and Technical 6 weeks a Studies City/Project Team Review 2 week b Prepare Screencheck Draft EIR 2 week CitylProject Team Review 2 week e Prepare Draft EIR 1 weeks Draft EIR Public Review Period 45 days Task 3 -Final EIRIResponse to Comments Prepare Administrative Final EIR 3 weeks a° ` CitylPraject Team Review 1 week b Prepare Screencheck Final EIR 0 week CitylProject Team Review 1 week b Prepare Final EIR 0 week Submit Final EIR For Certification 1 day a This preparation period is dependent on receipt of all documents and electronic information. Preparation of the document may overlap with other tasks and sections will be submitted prior to completion of entire document, in order to meet schedule requirements. b This review period is just an estimate, dependent on City schedule. ` Assumes that technical report authors will provide responses to comments on respective technical issues within two weeks. °' Initial work on technical reports will begin during the NOP process in order to save time. Technical reports will be completed within about a week of receipt of traffic report. 12 EXHIBIT B Cost Estimate The following cost estimate (Table 2} has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including traveUparking, etc. will be invoiced in accordance with ESA standard rate schedule. Our services will be billed monthly on atime-and-materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. TABLE 2 COST ESTIMATE - TEMECULA WATER PARK EIR TASK COST Task 1 -Project ManagementlCoordination/Preliminary $ 14,800 Environmental Review Task 2 -Draft EI R a $ 57,500 Air Quality Assessment $ 6,500 Acoustical Assessment $ 7,500 Aesthetics /Visual Simulation $ 10,500 Traffic Report (DKS) $ 29,800 Task 3 -Final EIRIResponse to Comments /Mitigation $ 12,500 Monitoring Program Reimbursable Expenses (in-house copying, mileage, $ 1,250 postage, etc.) a Document Reproduction -Assumes 75 Copies of DEIR & $ 9,750 25 copies of the Final EIR & misc. reproduction Tota! 949, 800 a Cost Estimate assumes that the following will be provided by the city or applicant: topography, aerial imagery, land plan, market study, grading and earthwork, preliminary hydrology, and Phase 1 Environmental Site Assessment and hazardous materials assessment. Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the city's reproduction supplier which eliminates ESA's standard mark up on printing expenses. 13 ENVIRONMENTAL SCIENCE ASSOCIATES 2007 SCHEDULE OF FEES I. Personnel Category Rates Charges will be made at the Category rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5. Executive Director $ 220.00 Senior Director II $ 200.00 Senior Director I $ 185.00 Director II $ 175.00 Director I $ 170.00 Senior Mana in Associate II $ 160.00 Senior Managing Associate I $ 155.00 Senior Technical Associate II $ 160.00 Senior Technical Associate I $ 155.00 Managing Associate II $ 145.00 Mona in Associate I $ 140.00 Technical Assoc. II $ 145.00 Technical Assoc. I $ 140.00 Senior Associate II $ 125.00 Senior Associate I $ 115.00 Associate III $ 100.00 Associate II $ 90.00 Associate I $ 80.00 Environmental Tech II $ 70.00 Environmental Tech I $ 60.00 Senior AdmintGra hics $ 95.00 Administrative/Graphics $ 80.00 Clerical $ 65.00 (a) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. (b) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. (c) For each contract, we propose an escalation rate of 3% for each contract year. II. ESA Expenses A. Travel Expenses 1. Transportation a. Companylpersonal vehicle - $0.485 per mile, or current allowable IRS rate. b. Common carrier ar car rental -actual multiplied by 1.1 14 2. Lodging, meals and related expenses -direct expenses multiplied by 1.1 B. Communications Fee In-house costs for long-distance phone, telecopier, regular postage, walk-up copier, and records retention -project labor charges multiplied by 3% C. Printing/Reproduction Rates ITEM 81 I2 x 11 b/w 11 x 17 blw 8112 x 11 color 11 x 17 color Covers Binding HP Plotter RAT EI PAG E $0.05 0.10 1.00 2.00 o.2a 0.75 25.00 D. Equipment Rates ITEM RATE/DAY RAT EM1E E K Vehicles GIS Computer Time Trimble GeoXT GPS Laptop Computers LCD Projector Noise Meter Sample Pump Surveying Kit Field Traps Digital Planimeter Cameras/Video/Cell Phone Miscellaneous Small Equipment Garmin GPS $40.00 a 120.OOc 75.00 50.00 200.00 50.00 25.00 20.00 40.00 20.00 5.00 25.00 $180A0 $350.00 $200.00 $600.00 $40.00 a Half day rate is $20.00. Actual project charges will be either $0.485 per mile or the day rate, whichever is higher. c GIS computer time will be charged at $15.00 per hour. 15 I11. Subcontracts Subcontract services will be invoiced at cost multiplied by 1.1. IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter imposed under the authority of a federal, state, or local taxing jurisdiction. 16 0~~33 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES ("ESA") PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR SPLASH CANYON WATERPARK (PA08-0037) THIS AGREEMENT is made and effective as of February 25, 2008 between the City of Temecula, a municipal corporation ("City") and ESA Community Development ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 25, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 25, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. 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 Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed twenty nine thousand nine hundred dollars and no cents ($29,900.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 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 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. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 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, the 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 (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. The 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. The 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. The 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 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, District, and/or 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, District and/or 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. 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. 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, anon-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. 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. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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, District, and/or Agency, its 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, District, and/or Agency, its 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, District, and/or Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, District, and/or 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, District, and/or Agency, its 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. 4 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 30 days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two 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. Acceotabilitv 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 City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraoe. 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 effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. The 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. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not 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 manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 5 written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Environmental Science Associates Eric Ruby, Vice President/Regional Director 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 15. ASSIGNMENT. 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 shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, 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. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, City Manager ATTEST: Peter M. Thorson, City Attorney CONSULTANT: Environmental Science Associates Eric Ruby, Vice President/Regional Director 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 By: Name: G~/~ , K!/I6/h Title: By:~~J .. Q..~ Title:~2~ I ~ ~'~ ~ [Signatures of Two Corporate Officers Required] APPROVED AS TO FORM: EXHIBIT A TASKS TO BE PERFORMED Environmental Science Associates ("Consultant") and City Staff ("City') will perform the following tasks pursuant to the terms of this Contract: Scope of Work This scope of work has been developed based upon discussion with City of Temecula staff, available project documents and information, CEQA statute and guidelines, and assumes that all project description details including engineering, architecture, landscape architecture and land planning will be provided by others. Task 1 -Project ManagemenUCoordination/Preliminary Environmental Review Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately 12 hours per month for project management/coordination for the duration of the project. We have also included costs for meeting attendance and conference calls with the city and the project team for the duration of the project (6 months) and attendance at Planning Commission and City Council public hearings. Task 1 will include preliminary research and review of the project application materials, Initial Study and CEQA notices. SEIR organization and scheduling will also be developed as part of Task 1. 9 EXHIBIT B PAYMENT RATES AND SCHEDULE COST ESTIMATE -SPLASH CANYON WATERPARK EIR Consultant agrees to perform services stipulated by this contract based on the amount of $29,900 as indicated below. TASK COST Task 1 -Project Management/Coordination/Preliminary $ 29,900 Environmental Review Total $29,900 10 ACORD CERTIFICATE OF LIABILITY INSURANCE °A Y' ,N liinsizoos Paooucea THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Woodruff-Sawyer & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE X20 Bush SL 7[h Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Greenwich IDSnranCD GO. 22322 Environmental Science Associates INSURER e: XL Specialty Insurance Company 378R5 225 bush Street, Suite 1700 i INSURER C San Franc sco, CA 94104 INSURER D: I INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. INSR 00'4 POLICY EFFECTIVE POLICY EXPIRATION R POLICY NUMBER LIMITS A '! GENERALLIABILITV GE0001336705 01/01/2008 01/01/2009 CCURRNNCO $ ] OOOOOO }(~ COMMERCIgL GENERAL LIABILITY DAMAG PREMISES Ea pccurenca E ~ qOO OOO CLAIMS MADE ~ OCCUR MED E%P IAny one person) E ~ OOO X COn[raC[Ual LIa1l111I~ PERSONALB ADV INJURY E IOOO OOO I X Stop Gap Employers GENERAL AGGREGATE E 2 OOO OOO GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E 2000000 ~ POLICY X PRO LOC ~~ B AUTOMOBILELIABILITV AE0001336505 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT s I WQ 000 ~ ANY AUTO (Ea accitlenn , , I ~ ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS (Per person) ' X' HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Per accitlenp E ~ I , X' Deductible: $5,000 PROPERTY DAMAGE I (Par acpitlanl) E i GARAGE LIABILITY AUTO ONLV~EA ACCIDENT E I ANY PUTO I ~ OTHER THAN EA ACC E I , I I I AUTO ONLY: qGG S E%CESSNMBRELLA LIABILITY EACH OCCURRENCE S ~ ~ OCCUR ~ CLAIMS MADE gGGREGATE S ___ i II- E I h DEDUCTIBLE E _ RETENTION E E WORKERS COMPENSATIONAND B ~ WE0001337405 X we srgru- OTH- , ~EMPLOYERS'LIABILITY Ol/01/2008 01/01/2009 EL EACH ACOIOENT E I OOO,OOO I ANY PROPRIETOR/PARTNERIE%ECUTIVE OFFICERRAEMBER EXCLUDED? EL. DISEASE-FA EMPLOYEE S I OOO,OOO Il yes. tleatriba UntlBr SPECIAL PROVISIONS Oelow E.L. DISEASE-POLICY LIMIT S I OOO OOO A I OTHER ro esslona la I Ity PE0001336805 01/01/2008 01/01/2009 Limit Each Claim s 1,000,000 Coverage A Aggregate Limit g 2,000,000 Claims-Made Form Self-Insured Ret. 5 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I E%CLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS D2077C 1.00 -Fletcher Jones Mercedes Dealership SEIR. As respects Commercial General Liability and Commercial Auto, the city, ifs officers, officials', employees and volunteers are named Additional Insured as per attached forms CG2037(07/04), CG2010(07/04) and XIC 41 11007. Coverage is primary and non-contributory. reonnr•era unl new CANCELLATION IO Dav No[icc for NOn-Payment of Premium SHOOED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Temecula DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN 43200 Business Park Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILORE TO DO SO SHALL Temecula, CA 92590 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I LOAN#: V ACORD 25 (2001/08) ID #: ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to [he certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifcate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) NAMED INSURED: Environmental Science Associates POLICY NUMBER: GECOO13367os COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Descri lion Of Com leted O erations Ciry of Temecula D207761.00 -Fletcher )ones Mercedes Dealership $EIR. As 43200 Business Park Drive respects Commercial General Liability and Commercial Auto, the Temecula, CA 92590 city, its officers, officials, employees and volunteers are named Additional Insured as per attached forms CG2037(07/04), CG2010(07/04) and XIC 411 1007. Coverage is primary and non-contributory. Information re wired to com lete this Schedule if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement pertormed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM NAMED INSURED: Environmental Science Associates POLICY NUMBER: AECOOl336505 XIC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured' any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of. 1. You, while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident' causing "bodily injury' or "property damage" for which liability coverage is sought; and c. Such person or organization Is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Policy be increased by the contract. C. General Condltfons, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the conVact specifically requires that this Policy be primary. All terms, rgndiflons, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional insured, and In no event shalt such coverage be enlarged or expanded by reason of the contract All other terms and conditions of this policy remain unchan ed. City of Temecula 43200 Business Park Drive / ~ Temecula, CA 92590 ~(ir~'Y. D207761.00 -Fletcher Jones Mercedes Dealership SEIR. As (Authorized Representative) respects Commercial General Liability and Commercial Auto, the city, its officers, officials, employees and volunteers are named Additional Insured as per attached forms CG20J7(07/04), CG2010(07/04) and XIC 41 11007. XIC 411 1007 ®2007, XL America, Inc. Page 1 of 1 InGudes Copyrighted material of Insurance OfAee, Ina, with Its pennlsslon. ITEM RI~J. 6 Approvals ~Q City Attorney s~~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 9, 2008 SUBJECT: Approve the Sponsorship Request and Agreement for the 2008 Temecula Fall Rod Run PREPARED BY: Gloria Wolnick, Management Analyst RECOMMENDATION: That the City Council approve the sponsorship request and agreement for actual city support costs in the amount up to $38,350 for the 2008 Temecula Fall Rod Run and authorize the Mayor to execute the following agreement. BACKGROUND: Staff has received a sponsorship request from P & R Foundation to provide city support costs in the amount up to $38,350 for the 2008 Temecula Fall Rod Run to be held on October 10 & 11, 2008. The event will serve as a fundraiser for The Boys and Girls Clubs of Southwest County. The City of Temecula hosts many popular events throughout the year that delight thousands of visitors and residents. The Temecula Fall Rod Run increases tourism revenue for the City's restaurants, hotels, retailers and wineries. Due to the fact that this special event promotes tourism in Temecula, the City support services are proposed to come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. 2008 Temecula Fall Rod Run The 2008 Temecula Fall Rod Run will begin on Friday, October 10th, with an evening car cruise on Old Town Front Street. On Saturday, October 11th, an all day "Show & Shine" will take place and 70 trophies will be presented at the "Awards of Excellence" ceremony. There will be a cross section of approximately 650 classic cars, special interest vehicles, hot rods and custom cars. No alcohol will be served or sold at this event. The car show will benefit The Boys and Girls Clubs of Southwest County. Promotion for the 2008 car show will include newspaper, radio, television, magazine, posters and Internet sites including .rodrunteecula.co, various car show calendarweb sites, Temecula Valley Convention & Visitors Bureau, Temecula Valley Chamber of Commerce and City of Temecula. The Temecula Valley Convention & Visitors Bureau will send out a direct mail invitation to approximately 2,200 car owners and a mailing to various Temecula businesses. 2007 Temecula Fall Rod Run Highlights The 2007 Temecula Fall Rod Run served as a fundraiser providing $21,500 to local non-profit organizations including: Boys & Girls Clubs of Southwest County $17,500 Temecula-are Bay Scouts 2,500 USMC Ball Fund 1,500 Total $21,500 The attendance at the 2007 Temecula Fall Rod Run was estimated at 45,000 people forthe dayand a half event. There were approximately 650 registered show cars that were registered forthe 2007 show and over 60 vendors. There were 70 trophies awarded at the "Awards of Excellence" ceremony. P & R Foundation staged several activities to enhance the 2007 event. The event kicked-affwith an Aloha Concert and Auction featuring "The Surfaris" at the Old Town Temecula Community Theater. The concert benefited The Boys and Girls Clubs of Southwest County. P & R Foundation presented a Lifetime Achievement Award to Mr. Bill Hines, a legendarycustom car builder, as well as a Thank You Award to Pat Vesey, who retired from P & R Foundation. Other activities included a Poker Run on Friday morning and a Friday evening car cruise on Old Town Front Street. Ms. Courtney Hansen, host of Spike TV series "Power Block," and custom car builder Bill Hines made appearances. On Saturday, October 13`",the "Show & Shine" was held and 70 trophies were presented at the "Awards of Excellence" ceremony. There was approximately 650 classic, custom and special interest cars. Promatian for the 2007 Rod Run included: newspaper, radio, television, magazine, posters and Internet sites (www.pnrevents.com, www.lovetemecula.com,Temecula CommunityTheaterwebsite and various car show calendarweb sites. The Temecula Valley Convention & Visitors Bureau sent out a direct mail invitation to approximately 2,100 car owners and a mailing to various Temecula businesses. FISCAL IMPACT: The City-support services with estimated value of $38,350 for the 2008 Temecula Fall Rod Run are included in the FY2007-08 Operating Budget of the various support departments. The Economic Development Subcommittee of the City Council (Council Members Roberts and Washington) has recommended approval of these amounts. ATTACHMENTS: Temecula Fall Rad Run Attachment A -Sponsorship Benefits Attachment B -Estimated City Support Services and Costs Attachment C - 2008 Event & Media Promotions Attachment D - 2007 Temecula Fall Rod Run Recap Attachment E - Spansorship Agreement ATTACHMENT A CITY OF TEMECULA'S SPONSORSHIP BENEFITS PRESENTING SPONSOR P & R Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t-shirt • 10 Rod Run t-shirts "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. _._ ATTACHMENT B ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Fall Rod Run. The following expenses can be anticipated for the event: Police: $ 5,000. Fire: 20,000 Public Works: 8,000 Community Services: 2,750 Code Enforcement: 2.600 TOTAL: $38,350 ATTACHMENT C 2008 EVENT & MEDIA PROMOTIONS ~,~N~; 1 1 1 G..vs G.~+n~r cs~r~e. 39252 Winchester Rd. #107-361 Murrieta, CA 92563 Phone (951)303-9599 Fax (951)303-9599 To: City of Temecula The 2008 Temecula Fall Rod Run will have various media advertising to promote the 2008 Rod Run. This will include Newspaper, Radio, Television, Magazine, and Internet. We will be running ads in various news papers starting a month before the event. We will be making a couple appearances on TV27 to discuss the Rod Run. We will be promoting this event on our web site www.rodrunteinecula.com as well as advertising on various car show calendar web sites. We will be running ads on the radio, we will be doing radio advertising with Q103.3. We will be doing a mailing to approximately 2200 car owners and we will be doing a mailing to various Temecula Businesses. The other events for the Fal] Rod is still in the planning stages and will give the City of Temecula updates as the planning concludes. Ray Waite President P & R Foundation Fall Rod Run Oct 10 8:11 2008 Revenue Budget Car Registrations $ 20,000.00 Sponsors $ 25,000.00 Vendors $ 3,000.00 T-shirt ,Souvenir Sales $ .5,500.00 Raffle /Silent auction $ 7,000.00 Trophy Sponsors $ 2,400.00 Total $ 62,900.00 Expenses Flyers $ 500.00 Final Dinner $ 1,000.00 Car mileage & Show Fees $ 500.00 Awards $ 2,500.00 Postage $ 700.00 Phone $ 350.00 Music/Entertainment $ 4,000.00 Clean Up $ 1,550.00 Insurance $ 3,300.00 Communications Equipment $ 260.00 T-shirts !Sweat Shirts $ 11 000.00 Souvenir $ , 2,200.00_ Porta Potties $ 2,400.00 Supplies $ 1,500.00. Miscellanies costs $ 5,000.00 Refreshments Meetings $ 200.00 Advertising $ 1,000.00 Sponsor Plaques $ 350.00 Health Department $ 425.00 Posters $ 2,000.00 Web maintemnance $ 300.00 Permits Fee's City $ 300.00 Total Expenses $ 41,335.00 Revenue $ 62,900.00 Net Revenue $ 21,5¢590 Donations to Charities $ 20,000.00 To PAR Foundation $ 1,565.00 ATTACHMENT D 2007 TEMECULA FALL ROD RUN RECAP ~# __ 1 1 I Gwvs C+ ~i~l G~+e LiaW:er 39252 Winchester Rd.#107-361 Murrieta, CA 92563 (951)303-9599 Fax (951)303-9599 To: City of Temecula The 2007 Temecula Fall Rod Run was a great success for all. We estimate the attendance at about 45,000 people and there were about 650 registered show cazs. On Wednesday 1Vight we held the Concert and Auction at the Old Town Community Theater in which we had the "Sufaris" in concert. At this event we had food supplied by The Plantation House, music by the Surfaris and we held a live auction and a Taekwondo demonstration by Iron Taekwondo. We presented a lifetime achievement award to Mr. Bill Hines a legendary custom car builder as well as a thank you award to Pat Vesey who has retired from P & R. On Friday night we had the normal cruise in which packed the streets with custom cars and people watching the cruise. We also had a short visit by Courtney Hansen the host of the Spike TV series The Power Block, and Mr Bill Hines was present. On Saturday we held the show and shine (well minimum shining due to rain). Again mr Bill Hines was present signing autographs, as well as the Grand Marshall Mr. Alfred Remora the builder of the $2 million production car. There was also 60 vendors and gave away 70 trophies. We are also pleased to say we gave away more then $20,000 to various chazifies to include the Boys and Girls Club, Boy Scouts and the USMC Ball Fund. The event was advertised though a mailing to about 2100 car owners. We had newspaper press releases, TV,and radio ads. The event was also promoted via the Internet through various caz show web sites as well as P & R Foundations web site. There where posters distributed through out the City. Thank you for all your support, without it the event would not be a success. Ray Waite President P & R Foundation P Fall Car Show Oct 10,11,12 8~ 13 2007 Revenue Car Registrations Sponsors /Vendors T-shirt Sales /Souvenirs Raffle /Silent Auction/ Live Auction Surfaris Concert Trophy Sponsors Total Expenses Flyers Final Dinner Car mileage & Show Fees Awards Theater Rental Postage Rentals Phone Music/Entertainment Clean Up Insurance Communications Equipment T-shirts /hats Souvenir items Porta Potties Drifters Car Club Supplies Miscellanies costs Refreshments Meetings Advertising Sponsor Plaques Registration Help Gift appreciation Help Health Department Posters Web maintemnance Permits Fee's City Total Expenses Revenue Net Revenue Contributions To P&R Foundation Budget for Fall Car Show 2005 Budget $ 11,875.00 $ 19,305.00 $ 32,000.00 $ 39,025.00 $ 3,000.00 $ 7,147.00 $ 13,000.00 $ 7,532.00 $ 2,000.00 $ 1,538.00 $ 3,000.00 $ 4,800.00 $ 64,875.00 $ 79,347.00 $ 300.00 $ 300.00 $ 1,000.00 $ 300.00 $ - $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 3,000.00 $ 210.00 $ - 300.00 $ 3,500.00 $ 4,400.00 $ 1,300.00 $ 1,500.00 $ 5,500.00 $ 100.00 $ 100.00 $ 10,000.00 $ 1,200.00 $ 1,100.00 $ 1,500.00 $ 400.00 $ - $ 500.00 $ 373.50 $ 375.00 $ 1,000.00 $ 240.00 $ - $ 1,500.00 $ - $ 200.00 $ - $ 500.00 $ 2,000.00 $ 219.98 $ 494.00 - $ 39,312.48 $ 64,875.00 $ 25,563.00 $ 24,000.00 $ 1,563.00 ATTACHMENT E SPONSORSHIP AGREEMENT SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND P & R FOUNDATION THIS AGREEMENT is made and effective as of this 9th day of September. 2008, by and between the CITY OF TEMECULA ("City"), and P & R Foundation, a California nonprofit corporation. 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. P & R Foundation shall operate the 2008 Temecula Fall Rod Run on October 10 - 11, 2008. The Temecula Fall Rod Run is a special event which is located in Old Town Temecula. The 2008 Temecula Fall Rod Run is expected to draw between 45,000 - 50,000 people for the event. B. The event includes the display of approximately 650 classic cars. The event will feature a Car Cruise which will be held Friday evening, and a "Show & Shine" held on Saturday. No alcohol will be served. C. The City desires to be a "Presenting Sponsor' of the 2008 Temecula Fall Rod Run. D. The Temecula Fall Rod Run will serve as a fundraiser with at least 60°/n of the net proceeds directed towards The Boys & Girls Club of Southwest County, a local non-profit organization whose charitable work and contribution have benefited many local children in the Temecula Valley: P & R Foundation will be reimbursed for their services in promoting this event and for operations. The Drifters Car Club will receive $400 for their assistance with parking, judging, and vendor coordination. 2. TERM. This Agreement shall commence on September 9, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2008, unless sooner terminated pursuant to the. provisions of this Agreement. 3. CONSIDERATION. In exchange for providing P & R Foundation of approximately thirty-eight thousand, three hundred fifty dollars ($38,350) for city-support costs of Public Works, Fire, Police, Community Services and Code Enforcement as listed in Exhibit B, the City of Temecula shall be designated as a "Presenting Sponsor" of the 2008 Temecula Fall Rod Run. As a Presenting. Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $38,350, the sponsor may seek City authorization for payment above that amount. 4. ALLOCATION OF FUNDS. P & R Foundation shall use the City's Sponsorship Funding of City Support Costs in an amount not to exceed thirty-eight thousand, three hundred fifty dollars ($38,350) listed in Exhibit B, to produce the Temecula Fall Rod Run. Funds are to be used to provide a special event for Temecula Valley residents and visitors showcasing classic cars, special interest vehicles, hot rods and custom cars. \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Spc~sored Events\2008 Temecula Fall Rod Run Agreement.doc 5. WRITTEN REPORT. Within ninety (90) days after the conclusion of Temecula Fall Rod Run, P & R Foundation shall prepare and submit to the Assistant City Manager a written report evaluating Temecula Fall Rod Run, its attendance, media coverage, and description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of Temecula Fall Rod Run must be included in such a written report. 6. FINANCIAL REVIEW. P & R Foundation shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Temecula Fall Rod Run. This financial review of the 2008 Temecula Fall Rod Run should be completed and submitted to the City no later than December 1, 2008. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 7. PERMITS. P & R Foundation shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of Temecula Fall Rod Run. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. P & R Foundation shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City-issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE. P & R Foundation shall attend all City pre- event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION. P & R Foundation shall indemnify, protect, defend and hold harmless the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of P & R Foundation's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE. P & R Foundation shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by P & R Foundation, its agents, representatives, or employees. A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Sp6~sored Events\2008 Temecula Fall Rod Run Agreement.doc (i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Recipient owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. (iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Recipient shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Recipient shall maintain limits no less than: (i) General Liability: Two million dollars ($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 accurrence limit. (ii) Automobile Liability: -One million dollars ($1,000,000) per accident for bodily injury and property damage. C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or P & R Foundation shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The City, its 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 P & R Foundation; products and completed operations of Recipient; premises owned, occupied or used by P & R Foundation; or automobiles owned, leased, hired or borrowed by P & R Foundation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (ii) For any claims related to this project, P & R Foundation's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers. shall be excess of Recipient's insurance and shall not contribute with it. (iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. \\Cityoftemecula\Departments\City Manager\Wolnickg\Sp6~sored Events\2008 Temecula Fall Rod Run Ageement.doc (iv) P & R Foundation'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. (v) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall that should the policy be suspended, voided, canceled by either party, reduced in coverage or in limits, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (vi) If insurance coverage is canceled, modified, or reduced in coverage or in limits, P & R Foundation shall within two (2) business days of notice from the insurer phone, fax and 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's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance .requirements. F. Verification of Coveraoe. P & R Foundation 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, P & R Foundation's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. GOVERNING LAW. The City and P & R Foundation 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. 12. LEGAL RESPONSIBILITIES. P & R Foundation 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. P & R Foundation 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 P & R Foundation to comply with this section. 13. ASSIGNMENT.. P & R Foundation shall not assign the performance of this Agreement, nor any. part thereof, nor any monies due hereunder, without prior written consent of the City. \\Cityoftemecula\Departments\City Manager\Wolnickg\Spapsored Events\2008 Temecula Fall Rod Run Agreement.doc 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Aaron Adams, Assistant City Manager RECIPIENT: P & R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 Attention: Ray Waite, President 75. INDEPENDENT CONTRACTOR. A. P & R Foundation shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of P & R Foundation shall at all times be under P & R Foundation's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of P & R Foundation's officers, employees, or agents except as set forth in this. Agreement. P & R Foundation shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. P & R Foundation shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to P & R Foundation in connection with the performance of this Agreement. Except for the fees paid to P & R Foundation as provided in the Agreement, City shall not pay salaries, wages, or other compensation to P & R Foundation for performing services hereunder for City.. City shall not be liable for compensation or indemnification to P & R Foundation for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of P & R Foundation warrants and represents that he or she has the authority to execute this Agreement on behalf of P & R Foundation and has the authority to bind P & R Foundation to the performance of its obligations hereunder. \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Spo~sored Events\2008 Temecula Fall Rod Run Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written: CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney P & R Foundation 39252 Winchester Rd. #107-361 Murrieta, CA 92563-3510 (951) 303-9599 By: Name: Ray Waite Title: President By: Name: Randy Haapala Title: Vice-President \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Spr(ysored Events\2008 Temewla Fall Rod Run Agreement.doc EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PRESENTING SPONSOR P & R Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t-shirt • 10 Rod Run t-shirts **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Spd]isored Events\2008 Temecula Fall Rod Run Agreement.doc ~ - EXHIBIT "B" ESTIMATED VALUE.OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Fall Rod Run. The following expenses can be anticipated for the event: Police: $ 5,000 Fire: 20,000 Public Works: 8,000 Community Services: 2,750 Code Enforcement: 2.600 TOTAL: $38,350 \\Cityoftemecula\Departments\City Manager\Wolnickg\Spc~sored Events\2008 Temecula Fall Rod Run Agreement.doc - ITEM RI~J. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: September 9, 2008 SUBJECT: Amendment No. 3 to the Cooperative Agreement with the Friends of the Temecula Children's Museum RECOMMENDATION: That the City Council approve Amendment No. 3 to the Cooperative Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum. BACKGROUND: On March 16, 2004, the City Council approved an agreement with the Friends of the Children's Museum (Friends) for the operation of the Children's Museum gift shop. On July 11, 2006, the City Council approved Amendment No. 1 to the agreement, accepting in-kind services as payment of licensee fee obligations and on July 24, 2007 the Council approved Amendment No. 2, extending the term of the agreement to June 30, 2010. The Friends have operated the gift shop at the Children's Museum since it opened in 2004 and have providing additional programming opportunities at the museum. In addition, the Friends sponsor several of their own events at the museum each year. The Children's Museum is visited by 2,000-2,500 children and parents/chaperones each month. In order to keep the museum interesting and relevant to visitors, it is important to maintain appealing exhibits. With all of the hands-on attention the exhibits attract, there is an on-going need for refurbishment of many of the exhibits. To encourage repeat visits, it is also necessary to design, fabricate and install new, engaging exhibits on a regular basis. The Friends desire to take an active role in the selection and installation of new exhibits and the repair and refurbishment of existing ones. The City has budgeted $250,000 in the Capital Improvement Program for this purpose. It is recommended that the City allocate $15,000 of this funding to the Friends to provide refurbishment and/or installation of exhibits at the Children's Museum. FISCAL IMPACT: Approval of Amendment No. 3 to the agreement with the Friends of the Children's Museum will provide $15,000 to the Friends for new and refurbished exhibits at the museum from the FY 2008/09 Capital Improvement Program. ATTACHMENTS: Amendment No. 3 THIRD AMENDMENT TO COOPERATION AGREEMENT BETWEEN CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM THIS THIRD AA~IEND11'IENT is made and entered into as of September 9, 2008 by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children's Museum, a California non- profit corporation ("Association"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: Section 1. Recitals. This Third Amendment is made with respect to the following facts and purposes that each of the parties acknowledges are true and correct; (a) On March 26, 2004, the City and Association entered into that certain Agreement entitled: "Cooperation Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" ("Original Agreement"). (b) On July 11, 22006, the City and Association entered into that certain First Amendment ("First Amendment"). (c) On July 24, 2007, the City and Association entered into that certain Second Amendment ("Second Amendment"). The Original Agreement, the First Amendment and the Second Amendment shall be collectively referred to as the "Agreement." (d) The parties now wish to further amend the Agreement to provide for further assistance in the design, renovation, fabrication and installation of exhibits at the Children's Museum. (e) The terms used in this Third Amendment shall have the same definitions as provided in the Agreement unless otherwise indicated. Section 2. Addition of Section 27 to Agreement, Funding for Development of Exhibits. Section 27, Funding for Development of Exhibits, is hereby added to the Agreement to read as follows: " 27. Funding for Development of Exhibits. a. On or before September 30, 2008, City shall pay to the Association the sum of fifteen thousand dollars ($15,000.00) for the sole purpose of development, design, fabrication, renovation and installation of exhibits for the children's museum pursuant to the terms of this section. b. Any persons who perform the work for the Association described in this section shall obtain general liability and worker compensation insurance in the amounts and subject to the terms described in Section 16. of the Agreement, including, without limitation, the naming of the City and the Association as additional insureds. c. Association shall notify the City of any work to be performed pursuant to this Section at least ten (10) days before the start of such work. d. No work involving the building or building systems of the Children's Museum Building shall be performed without the prior written approval of the Director of Community Services. e. All work on the exhibits shall be designed and installed in accordance with applicable safety and access standards for public facilities. f. Within thirty (30) days following completion of the work, Association shall submit copies of invoices, evidence of payment and such other documents as may reasonably be required by the Director of Finance to verify that the expenditures were made in accordance with this Agreement. g. Upon completion of the work on the exhibits, title to the work shall vest in the City. h. The funds distributed to the Association pursuant to this Agreement shall only be used for the public purposes described in Section 27.a. and shall not be used for the non-public, personal benefit of members of the Association or its Board of Directors." Section 3. General (a) This Third Amendment, together with the Agreement, constitutes the entire agreement between the parties pertaining to the subject matter thereof, and any and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Third Amendment together with the Agreement and shall be of no further force or effect. (b) Except as otherwise provided in this Third Amendment, all other terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA Michael S. Naggar Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM, INC., a California Non-Profit Corporation Bv: Name: Christina Gamboa Title: Vice President B~~: Name: Annette Brown Title: Secretary [Two signatures of corporate officers required.] ITEM RI~J. S Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: September 09, 2008 SUBJECT: Award a Construction Contract for the Old Town Civic Center, Phase II; Project No. PW06-07 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW06-07, the Old Town Civic Center, Phase II, to Edge Development, Inc. in the amount of $31,555,500.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount. 3. Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On July 22, 2008, City Council approved the plans and specifications and authorized to solicit construction bids from pre-qualified contractors for the Old Town Civic Center, Phase II project; Project No. PW06-07. The work for Phase II of the Old Town Civic Center project includes the construction of a Civic Center Complex. The work shall include the construction of an approximately 95,500 square foot 3- storycity administration building with attached Council Chambers, a semi attached auxiliary room as well as a civic quad area, which will tie into the Town Square improvements. More specifically, the project will include the construction of the following: wet and dry utilities, precise grading, site drainage systems, erosion control, foundation systems, an asphalt concrete access road, trash enclosures, emergency generator, site walkways/hardscape improvements, and site landscaping and irrigation. In addition, the project will provide for procurement and installation of certain furnishings and fixtures necessary to support the City Hall and otherfunctional uses of the Civic Center complex. The rough grading and retaining wall systems on this parcel are covered under the Parking Structure contract. There is an additive bid on this project fora "Redundant UPS at the Data Center." On July 8, 2008, the City Council approved the pre-qualification of nineteen {19) contractors to bid on the Civic Center project. On Wednesday, September 09, 2008, 7-bids were formally submitted from the 19pre-qualified contractors. The bids were opened and publicly read aloud. The results were as follows: 1. Edge Development, Inc. $31,508,998.00 2. Pro West Constructors $32,500,000.00 3. Jaynes Corporation $33,010,Oaa.0a 4. Bayley Construction $34,028,979.00 5. Howard S. Wright Constructors $35,190,000.00 6. Toney Shultz Construction, Inc. $35,355,Oaa.aa 7. Bernards $36,959,000.00 Each of the seven bidders submitted a cost for the additive bid alternate; a redundant uninterruptible power supply (UPS). The additive alternate bids ranged from $46,502.00 to $75,000.00 with the average being $59,786.00. The lowest responsible bidder's (Edge Development) Additive Bid Alternate for the UPS is $46,502.00. Staff's recommendation above includes this additive bid alternate, bringing to total initial contract to $31,555,500.00 ($31,508,998.00 + $46,502.00) The Engineer's Estimate forthe project was $39,500,OOOforthe base bid and $229,OOOforthe UPS additive alternate. The project specifications allow for three hundred and sixty {360) working days, which is an approximate duration of 18 months. Staff has reviewed the bid proposals and found Edge Development to be the lowest responsible bidder. Edge Development has public contracting experience and has completed other projects far the City in the past. The Multiple Species Habitat Conservation Plan {MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5°la of construction casts. Projects funded by TUMF ar Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Civic Center and adjacent Parking Structure site will occupy land previously used for residential purposes, therefore there is no new disturbed area subject to the per acre MSHCP fees, thus the project is exempt. FISCAL IMPACT: The project is included in the FY09-13 CIP Budget as the Civic Center and is funded with Capital Project Reserves, Certificates of Participation (COPs) and DIF - Corporate Facilities. Adequate funds are available in the Project Account. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract ~Z Y~' /moo 0 ~o y~ ,`S'T 5~ S~ y~ CHILE G ~'Y b ~°_. A H e~ n C C1 f] z 'C 3 h O ti PROJECT DESCRIPTION Project Titie: Project Type: Description: CIVIC CENTER PRIORITY: i Department: Scope of Project: Benefit: Infrastructure Project will construct an approximately 93,000 square-foot, three-story City administration building and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works - 210.165.751 Project will include design and construction. of athree-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build-out. Project Cost: Actuals to Date 2008-09 2009-10 2010-11 ZO11-12 2012-13 Administration $ 2,505 $ 397,495 $ 325,000 Acquisition $ 82,000 Construction $. 44,200,000 Construction Engineering $ 500,000 Design $ 1,348,391 $ 3,872,609 Fixtures/Furn/Equip $ 1,500,000 $ 2,000,000 Utilities $ 385,000 Totals $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - Source of Funds: Capital Project Reserves ~ $ 1,350,896 $ .27,066,676 $ 2,325,000 COPS $ 23,270,428 DIF (Corporate Facilities) $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - Future O 8~ M Cost: $ 900,000 Annually Total Project Cost $ 725,000 $ 82,000 $ 44,200,000 $ 500,000 $ 5,221,000 $ 3,500,000 $ 385,000 $ 54,613,000 $ 30,742,572 $ 23,270,428 $ 600,000 $ 54,613,000 91 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R PROJECT NO. PW06-07 TEMECULA C1V/C CENTER THIS CONTRACT, made and entered into the 9th day of September, 2008 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Edge Development, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PWO6-07, TEMECULA CIVIC CENTER, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, {latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-07, TEMECULA CIVIC CENTER. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-07, TEMECULA CIVIC CENTER. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 C:~Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PUV06-07 TEMECULA CIVIC CENTER All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THIRTY ONE MILLION, FIVE HUNDRED FIFTY FIVE THOUSAND, FIVE HUNDRED DOLLARS and NO CENTS ($ 31,555,500.00), the total amount of the base bid plus additive bid alternate number 1. CONTRACTOR agrees to complete the work in a period not to exceed Three Hundred Sixty {360) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or CONTRACT C-2 C:\Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty {30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of five thousand dollars ($5,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten {10} calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30} calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim far payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the CONTRACT C-3 C:\Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates far any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons {CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, ar other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are na claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT C-4 C:\Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during hislher tenure or for one year thereafter. Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party ar parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220} of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C-5 C:\Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: William G. Hughes William G. Hughes Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 Temecula. CA 92590-3606 CONTRACT C-6 C:1Program Files (x86)1Neevia.ComlDocument Converterltemp1894287.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Edge Development, Inc 27368 Via Industria, Suite 101 Temecula, Ca 92x90 Phone: (951) 296-0776 Fax: (951) 296-0775 By: K. Dayne Wagoner CEO and Secretary Print or type TITLE By: Stephen D. Rocaers Print or type NAME Senior VP of Operations Print or type TITLE {Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C-7 C:\Program Files (x86)1Neevia.Com\Document Converterltemp\894287.doc ITEM RI~J. 9 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: September 9, 2008 SUBJECT: Secondary Designated Fund Balance Reserve for Economic Uncertainty PREPARED BY: Genie Roberts, Finance Director Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council receive and file this report regarding a Secondary Designated Fund Balance Reserve for Economic Uncertainty of $9.7 million. BACKGROUND: Currently, the City of Temecula maintains a Designated Fund Balance Reserve for Economic Uncertainty of $12.6 million which represents 20% of Annual Appropriations. As a result of proper financial stewardship of the FY2007/08 operating budget and an excellent bid for the Civic Center Project, additional savings of $9.7 million has been generated. Due to the current economic climate plus the potential threat of the State of California attempting to take local funds to balance their $15 billion shortfall, it is felt that reserving an additional $9.7 million in a secondary reserve fund is a fiscally prudent step at this time. The purpose of the secondary reserve fund will be to address any revenue shortfalls in the current or upcoming fiscal year, or to offset any potential impacts resulting from the State budget impasse. Once the City's revenue stream becomes more secure in the future, remaining funds from the secondary reserve fund can then be used for other capital projects or debt reduction for the Civic Center Certificates of Participation (COP) bonds. FISCAL IMPACT: The Secondary Reserve for Economic Uncertaintywould increase the total Designated Fund Balance Reserve for Economic Uncertainty by $9.7 million, from $12.6 million to $22.3 million out of undesignated General Fund Balance. ATTACHMENTS: None ITEM N~}. 1d Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: September 9, 2008 SUBJECT: Computer Equipment Purchase RECOMMENDATION: ThattheCity Council authorizes the purchase of Hewlett Packard (HP) computer equipment for the total amount of $54,145.45, which includes shipping and applicable sales tax. BACKGROUND: In order to maintain a computer life cycle management program to keep the City's hardware inventory moving according to prescribed amortization schedules, these machines will be replacing older systems that no longer meet the technical requirements necessary to run the City's current applications. The City has standardized on HP equipment to simplify management of the enterprise computing environment. Additionally, this purchase is consistentwith the City's emphasis on Green Energy Conservation initiatives. These PC's are HP Star Energy compliant, in that they are designed to have lower electrical consumption and a reduced impact on the environment. HP computing equipment is available on Western States Contract Alliance II (WSCAII). These competitively, quoted prices are provided by an authorized WSCA II vendor. Under this agreement, it would be within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county or local governmental agency empowered to expend public funds. Therefore, this purchase would be exempt from competitive bidding requirements. Staff's research has determined that the WSCA II pricing is the most competitive. Also, it has been determined that the WSCA program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. FISCAL IMPACT: Adequate funds were appropriated in the 2008-09 Fiscal Year Budgetforthe Information Systems Internal Services fund. ATTACHMENTS: HP Public Sector Price Quote -WSCA II ONLINE PRICE QUOTATION Quote Number: 2434899 Today's Date :8/12/2008 12:23:8 AM Created By: tom.hafeli ct,cityoftemecula.or~ Quote Name: PC Upgrade Quote Created Date :6/1212008 12:04:28 AM Contract: CA -STATE OF CALIFORNIA (WSCAII) (A63309-CA) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 34 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. items/description part no unit price qty ext price GC762AV-VPR - HP dc7800 Business Desktop USDT HP Compaq dc7800p Ultra-slim Desktop Genuine Windows Vista® Business with downgrade to Windows XP Professional custom installed Intel®vProT technology Intel® Q35 chipset integrated Intel® Core 2 Duo E8300 processor Energy Star® Enabled Configuration 2GB PC2-5300 (DDR2-667) SODIMM 2x1GB 80G B 7200 R PM SATA 1.5G bts Hard Drive 1st Base GC762AV-VPR KH109AV#ABA Included Included KH978AV G E196AV G D494AV G D441 AV Slim 24X/24X/24X18X DVD-CDRW Combo Drive GD467AV Integrated Intel 82566DM Gigabit Network Included Connection No keyboard USDT/SFF GD781AV HP USB 2-Button Optical Scroll Mouse GD529AV No Item Selected No Item Selected Country Kit dc7800 USDT No Item Selected No Item Selected No Item Selected No Item Selected External 85°!o High Efficiency Power Supply HP 3-3-3 {parts/labor/next business day on-site} warranty USDT Included Included GQ698AV#ABA Included Included Included Included GC765AV GC456AV#ABA $1,005.02 50 $50,251.00 SubTotal: $50,251.00 Tax : $3,894.45 Total: $54,145.45 The terms and conditions of the CA -STATE OF CALIFORNIA (WSCAII) will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. To access the HP Public Sector Online Store where this quote was created, go to: http://fem.Compaq.com/Qemstore/enti-~~.asp?SiteID=12069 * HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, HP will credit your account for the amount overcharged. ITEM N~}. 11 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Housing and Redevelopment DATE: September 9, 2008 SUBJECT: Reconveyance of four (4) Old Town Parcels from the City to the Redevelopment Agency RECOMMENDATION: That the City Council 1. Authorize staff to convey four (4) City owned properties in Old Town to the Redevelopment Agency: Formerly APN's 922-034-029, 030, 031, 032, 033 and 034 located along the north side of Main Street, west of Mercedes Street, and APN 922-044-019, 026, 027 and 029 located along the south side of Main Street, west of Mercedes and 2. Authorize the Executive Director to execute Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. BACKGROUND: Overthe last 12 years, the RedevelopmentAgency acquired several parcels located in Old Town. The properties were purchased with Redevelopment Funds with the intent of providing public parking or other public purpose. The parcels are now part of the Civic Center improvements. In order to facilitate the official map for the Civic Center project, the property was conveyed from the Agency to the City. Now that the official map has been recorded, it is recommended that the commercial lots surrounding the Town Square be re-conveyed back to the Agency. These four lots are .05 acres smaller than the property initially conveyed to the Agency. FISCAL IMPACT: The value of the .05 acres given up by the Agency is $131,000. This value will be considered a payment towards the Agency's debt. ATTACHMENTS: Grant Deed -City to Agency Grant Deed -Agency to City Official Map Recording Requested by, and When Recorded, Return to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: Luke Watson Exempt from Recording Fees Pursuant to California Government Code Section 6103 GRANT 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 Taxation Code Sections 11911 and 11922. FOR A VALUABLE CONSIDERATION, the CITY OF TEMECULA, a municipal corporation, hereby GRANTS to the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, the land located in the City of Temecula, County of Riverside, State of California described on Exhibit "A" attached hereto and all improvements thereon. CITY OF TEMECULA By: Print Natne: Title: Attest: 11086-000111034192v1.doc EYHIBIT "A" LEGAL DESCRIPTION OF LAND THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: PARCELS 4, 5, 6 AND 7, IN THE CITY OF TEMECULA, AS PER OFFICIAL MAP NO. 2008-0270686, RECORDED IN BOOK 1, AT PAGE 20-22, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF BLOCKS 4, 5, 6, 7, 19 AND 20 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN BOOK 15, PAGE 726 RECORDS OF SAN DIEGO, CALIFORNIA 11086-000111034192v1.doc A-1 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) (City to Agency) This is to certify that interests in real property conveyed to or created in favor of the Redevelopment Agency of the City of Temecula by that certain Grant Deed dated 2008, executed by the City of Temecula, is hereby accepted by the undersigned officer on behalf of the Redevelopment Agency of the City of Temecula pursuant to the authority conferred by resolution of the Board of the Redevelopment Agency of the City of Temecula adopted on 2008, and the grantee consents to recordation thereof by its duly authorized officer. Dated: .2008 By: Redevelopment Agency of the City of Temecula Shawn Nelson, Executive Director ATTEST: By: Susan W. Jones, MMC City Clerk APPROy-~ ED AS TO FORM: Peter M. Thorson, City Attorney 11086-000111034192v1.doc A-2 d~~~~ (1/.~ ~/ Recording Requested by, Redevelopment Agency of the City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attn: Luke Watson Exempt from Recording Fees Pursuant to California Govermnent Code Section 6103 DOC # 2008-0134567 03/19/2008 08:00p Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIIII IIIIIII VIII III IIIIIII IIII IIIIII III VIII IIIIIII S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CH ExAM T: CTY I ~~~ Assessor's Pazcel Map No.: 922-034-029, 030 and 031; 922-042-004 and 005 GRANT DEED The undersigned grantor declazes that documentary transfer tax is $0.00 because this transaction is exempt from documentary transfer taxes under California Revenue and Tax Code Sections 11911 and 11922. FOR A VALUABLE CONSIDERATION, the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, hereby GRANTS to the. CITY OF TEMECULA, a municipal corporation, the land bearing Assessor's Pazcel Numbers 922-034-029, 030 and 031, and 922-042-004 and 005, located in the City of Temecula, County of Riverside, State of California, and all improvements thereon. See Exhibit "A" attached hereto. REDEVELOPMENT AGENCY OF THE CITY OF TEMECLTLA March 12, 2008 By: , Print Name: SuaL"^~ i7 ~f t~O'-~ Title: ~1Cc-LV711aE:: ~~urz'rolL '~ _ -. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On .-3'~~ "~ , 2008 before me, _,~2~2 ~ ~`~-Q°~ . `~-~ personally appeared ,~Iaut~ ~- ~-~~'Z ti/ ~~"A~ ~' ~7`"LO- _, who proved to me on the basis of satisfactory evidence to be the persor {U}s whose name~~is/al~ subscribed to the within instrument and acknowledged to me that Ee6ske~ executed the same in him'/ ie 'authorized capacity ie ,and that by his/kor/~ signatur~ on the instrument the person, 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 ~ °`~' Signature of Notary Public t[ r R. ~ tNc Commiwlon • 1726117 Notary rubNC - CdrcorMO Rb~rsld~ Coumy (Seal) Mrcam-ep.tia11.2m1 11086-0001\1034187v1.doc I CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) (Agency to City) This is to certify that interests in real property conveyed to or created in favor of the City of Temecula by that certain Grant Deed dated /YlaYCh 1 Z , 2008, executed by the Redevelopment Agency of the City of Temecula, 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 Fel,rupr v IZ , 2008, and the grantee consents to recordation thereof by its duly authorized officer. Date ~ - / '2__ , 2008 Print Name: c.+,.r ~~ Title: ~c~c'~ ft~l ~ ( .lo~.eZ7l7R~ STATE OF CALIFORNIA COUNTY OF RIVERSIDE On ~'f~ `~~ ,p2e008 before me, g~~1'~'~, J~' ~~`~'~`a-'~' ~ ~- personally appeazed ~a-~C~~ ~ ~ ~°°'~'~ _, who proved to me on the basis of satisfactory evidence to be the person whose name~'f f3/~ subscribed to the within instrument and acknowledged to me tha~e/shc/they executed the same in ~~ir1authorized capacity(i~), and that by us er~lEheu-signaturef~'j 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. al+c~-EV ~: Potulc WITNESS my hand and official seal. commlulon s 1 ~2aan tVOtory Publlc - Callfornta Riverside County MyComm. Bg7YSt Niv 1 S, 2011 Signature + (Seal) Signa a of Notary Public 3 11086-0001\t034187v1.doc Exhibit "A" LOTS 9 AND 10 OF BLOCK 20 OF TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THE NORTHWESTERLY 10 FEET OF MAIN STREET AS ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS, RECORDED APRIL 23,1975, AS INSTRUMENT N0.46491,AND THE SOUTHEASTERLY 1/2 OF THAT CERTAIN UNNAMED ALLEY LYING ADJACENT TO SAID LOTS 9 AND 10, WHICH WOULD PASS BY A CONVEYANCE OF SAID LOTS, SAID ALLEY BEING ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS RECORDED FEBRUARY 22, 1980, AS INSTRUMENT N0.35285, OF OFFICIAL RECORDS APN: 922-034-029 & 922-034-030 Real property in the City of Temecula, County of Riverside, State of California, described as follows: LOTS 26 THROUGH 32, INCLUSIVE, IN BLOCK 6 OF TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO TOGETHER WIi'H THOSE PORTIONS OF THAT CERTAIN UNNAMED ALLEY, 20:00 FEET I~ WIDTH, LYING WITHIN SAID BLOCK 6, THAT WOULD PASS BY A CONVEYANCE DESCRIBING SAID LOTS, SAID ALLEY HAVING BEEN ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF RNERSIDE COUNTY, A CERTIFIED COPY OF SAID RESOLUTION RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; E)CCEPTING THEREFROM THOSE PORTIONS THEREFORE AS CONVEYED TO THE STATE OF CALIFORNIA, IN DEEDS RECORDED JUNE 23,1948 IN BOOK 987 PAGE 511; DECEMBER 4, 196 AS INSTRUMENT NO. 105961 AND ]ULY 12, 1973 AS INSTRUMENT N0. 90987 ALL OF OFFICIA RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-042-004-3 and 922-042-005-4 4 11086-0001\1034187v1.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 12 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 26, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:57 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Edwards, Roberts, Naggar, ABSENT: 1 DIRECTORS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of August 12, 2008. 16 Financial Statements for the Fiscal Year Ended June 30, 2008 RECOMMENDATION: 16.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008; 16.2 Approve an increase of $2,400 for Street Lighting in Service Level "B" Fund; 16.3 Approve an increase of $100 for Emergency Street Maintenance in the Service Level "R" Fund. MOTION: Director Naggar moved to approve staff recommendation. Director Edwards seconded the motion and electronic vote reflected approval with the exception of Director Washington who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. R:\Minutes\082608 CSD BOARD OF DIRECTORS REPORTS Director Naggar commended the Community Services Department far all the great summer programs provided by staff for the residents of Temecula and relayed his desire to have staff formally recognized at a future City Council meeting. CSD ADJOURNMENT At 7:59 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 9, 2008, at 5:30 p. m. fora Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\082608 2 ITEM N~}. 13 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: September 9, 2008 SUBJECT: Ratification of Election Results -Tract Map No. 23103-2 PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON AUGUST 26, 2008 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: At the meeting of July 8, 2008, the Board of Directors adopted Resolution No. CSD 08-07, which called for a Special Election to be held among the property owners of the parcels within Tract Map No. 23103-2. The purpose of this election was to establish Service Level B, Service Level C, and Service Level D, rates and charges for street lighting, perimeter landscaping and slope landscaping maintenance, and refuse and recycling collection services per residential parcel beginning FY 2009-10 This election was conducted by mail with a final date for acceptance of ballots to be no later than 8:00 p.m. on August 26, 2008. At 8:00 p.m. on that same date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. At 9:30 a.m. on August 27, 2008, the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass of the results. The whole number of ballots cast for establishment of the annual levy for Service Level B for Proposed Residential Street Lighting and Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2009-10; and Service Level D for Refuse/Cycling Collection Services per occupied parcel beginning FY 2009-10 on the ballot were as follows: Yes No Incomplete 1 0 0 Staff recommends adoption of the resolution ratifying the results of this electian. FISCAL IMPACT: There is no direct fiscal impact as a consequence of the ratification of the election results. ATTACHMENTS: Resolution No. CSD 08-_ Official Tally of the Votes Vicinity Map OFFICIAL TALLY OF THE VOTES FOR TCSD LEVY/SPECIAL TAX TRACT MAP NO. 23103-2 BEGINNING FISCAL YEAR 2009-2010 TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED RATES AND CHARGES -SERVICE LEVEL B FOR RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE, AND SERVICE LEVEL D FOR REFUSE AND RECYCLING COLLECTION SERVICES Yes No TOTAL I TOTAL Michaels A. Ballreich,bep~fy City Clerk Election Officer X Cheryl D enoe, Administrative Assistant Election Officer.. ElectionNote Tally Rates & Charges ELECTIONBOARD RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON AUGUST 26, 2x08 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAIN THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A Special Mail-in Ballot Election was held and conducted in the City of Temecula, California, on August 26, 2008, as required by law. Section 2. A Notice of the Election was given in time, form and manner as provided by law; that the special election was for the purpose of obtaining approval by property owners within Tract 23103-2, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as follows: Service Level B $25.68 Rates and Charges for Proposed Residential Street Lighting, Service Level C $640.00 Rates and Charges for Perimeter Landscaping and Slope Maintenance per residential parcel beginning FY 2009-10, with a Consumer Price Index Inflator, and Service Level D $218.52 for Refuse and Recycling Collection Services per occupied parcel beginning FY 2009-10 was properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and Section 3. Pursuant to Resolution No. CSD 08-07, adopted July 8, 2008, the ballots were returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the results were received, canvassed in public and are herein set forth in Section 5. Section 4. The whole number of ballots cast in the homeowners election was one {1) and the whale number of provisional ballots cast in the election was Wane {0}. Section 5. The whale number of ballots cast for establishment of the annual levy for Service Level B for Proposed Residential Street Lighting and Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2009-10; and Service Level D far Refuse/Cycling Collection Services per occupied parcel beginning FY 2009-10 on the ballot were as follows: Yes No Incomplete 1 0 0 Section 6. The Board of Directors of the Temecula Community Services District does declare and determine that as a result of the election, a majority of the voters voting on the measure relating to the establishment of Service Level B, Service Level C, and Service Level D Rates and Charges beginning Fiscal Year 2009-10 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in favor of the measure and that the measure was carried, and shall be deemed adapted and ratified. Section 7. The City Clerk/Secretary of the Temecula Community Services District {TCSD} shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election, showing: {1 }The whale number of ballots cast in the City; (2} The votes in favor, {3) The votes in opposition and {4) Those received incomplete. Section 8. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 9th day of September, 2008. 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. Janes, 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 08- 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 9th day of September, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary VINYARDS VIEW ESTATES CITY OF TEMECULA TRACT 23103-2 -0PEN SPACE LOT 39 34,537 S.F. (0.793 AC) 1 \ ~ \ \ \ ~ ~ ~~ am ~w ura ~ v r ~. a ~ +~ s r ~ :. ^ ~°.. ~ I -~ r I ~ _ ~_ n ~ r ~~ `~ SCALE: NTS INDICATES AREAS TO BE LANDSCAPED AND MAINTAINED BY CITY OF TEMECULA -OPEN SPACE LOT 38 49,975 S.F. (1.15 AC) ~~ ~ ~ ~~#. ~ \ ~ \ ~ \ ITEM N~}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: William G. Hughes, Director of Public Works DATE: September 09, 2008 SUBJECT: Professional Services Agreement Amendment -Bonterra Consulting - Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin Project No. PW05-13 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP William Becerra, Associate Engineer -CIP RECOMMENDATION: That the Board of Directors: Approve the Third Amendment to the agreement with Bonterra Consulting in an amount not to exceed $24,285.00 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project PW05-13; 2. Advance $24,285.00 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. BACKGROUND: On November 14, 2006 the Board of Directors approved a consulting services agreement with Bonterra Consulting in the amount of $67,340.00 to provide the Environmental Services necessary to obtain environmental clearance from regulatory agencies as required for the Ronald Reagan Sports Park Desilting Basin project. On May 08, 2007, the Board approved the First Amendment to the agreement with Bonterra in the amount of $25,520.00. On April 22, 2008, the Board approved the Second Amendment to the agreement with Bonterra for an amount not to exceed $10,950.00. In order to obtain the necessary environmental permits, additional work is needed. Regulatory agencies are requiring environmental mitigation ratios that are higher than expected. This Third Amendment includes work to negotiate with Regulatory Agencies, establish equitable mitigation strategies, and revise the Habitat Monitoring Mitigation Program (HMMP) and the Determination of Biological Equivalent or Superior Preservation (DBESP). 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 $24,285.00. With this Third Amendment, the total contract amount will be $128,095.00. FISCAL IMPACT: The Ronald Reagan Sports Park Desilting Basin Project No. PW05-13 is included in the City's Capital Improvement Program, Fiscal Years 2009-2013. This project is eligible to be funded with FEMA funds on a reimbursement basis. There are sufficient funds in TCSD -Citywide Fund to cover the total cost for this Third Amendment to the Professional Consultant Services Agreement, $24,285.00. Upon approval of the recommendations included herein, $134,829 will have been advanced for this project. ATTACHMENTS: 1. Bonterra Consulting Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND BONTERRA CONSULTING RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND, PROJECT NO. PW05-13 THIS THIRD AMENDMENT is made and entered into as of September Q9, 2008 by and between the Temecula Community Services District {"District"), a municipal corporation, and Bonterra Consulting ("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 November 14, 2006, the District and Consultant entered into that certain Agreement entitled "Agreement for Professional Consultant Services", in the amount of Sixty Seven Thousand Three Hundred Forty Dollars and No Cents ($67,340.00). b. The Agreement was amended on May 08, 2007 (First Amendment) in the amount of Twenty Five Thousand Five Hundred Twenty Dollars and No Cents ($25,520.00) for additional environmental analysis. c. The Agreement was amended on April 22, 2008 (Second Amendment) in the amount of Ten Thousand Nine Hundred Fifty Dollars and No Cents ($10,950.00) for additional environmental services. The November 14, 2006 agreement together with the First Amendment and the Second Amendment shall be referred to collectively as the "Agreement." d. The parties now desire to increase the payment for additional environmental services in the amount of Twenty Four Thousand Two Hundred Eighty Five Dollars and No Cents ($24,285.00) and amend the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT. Section 5a of the Agreement is hereby amended to read as follows: "a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A 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 Twenty Four Thousand Two Hundred Eighty Five Dollars and No Cents ($24,285.00) for additional environmental services for a total Agreement amount of One Hundred Twenty Eight Thousand Ninety Five Dollars and No Cents ($128,095.00)." 3. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachments A, B, and C to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 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. TEIVIECULA COIVIIVIUNITY SERVICES DISTRICT By: Jeff Comerchero, President ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT BY: (Signature) NAME: Joan Patronite Kelly. AICP TITLE: Principal BY: (Signature) NAME: Ann Johnston TITLE: Principal TWO SIGNATURES REQUIRED FOR CORPORATIONS 3 ATTACHMENT A, B, and C RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTATION POND PROJECT NO. PW05-13 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 .~o~Gr C O N S U L T I N G COSTA MESA I~ASADENA ~TEAAECULA T: (714J 444-9199 F: (714) 444-9599 1151 Kalmus Drive. Suite E-200 www.BonTerraConsulting.com Cosfo Mesa, CA 92626 July 28, 2008 Mr. William Becerra Assistant Engineer City of Temecula 43200 Business Park Drive Temecula, California 92590 VIA EMAIL AND MAIL wiii.becerra ~ cityoftemecula.org Subject: Proposal to Continue Regulatory Coordination and Permit Processing for the Ronald Reagan Sports Park Desiltation Basin Project, City of Temecula, Riverside County, California Dear Mr. Becerra: BonTerra Consulting appreciates the opportunity to continue to assist you with the Ronald Reagan Sports Park Desiltation Basin project. Although the California Department of Fish and Game (CDFG) Streambed Alteration Agreement and Regional Water Quality Control Board 401 Water Quality Certification have been issued, the U.S. Army Corps of Engineers will not issue their 404 permit until they receive a finding from the resource agencies (i.e., U.S. Fish and Wildlife Service and CDFG) that the proposed mitigation is Biologically Equivalent or Superior to the habitat that would be impacted by the proposed project. Therefore, the attached Scope of Work addresses continued negotiation with the resource agencies to determine a mitigation strategy that would be acceptable to both the City and the resource agencies. It also includes a revision of the Determination of Biologically Equivalent or Superior Preservation and/or Habitat Mitigation and Monitoring Program, if required by the resource agencies. Work will be billed on a time-and-materials basis from the tasks in the attached Scope of Work. Upon written authorization to proceed, we will contact the resource agencies to discuss the current mitigation strategy and, if necessary, alternative strategies. We look forward to assisting you with this project. If you have any questions or need additional information, please contact Amber Oneal or Gary Medeiros at (714) 444-9199. Respectfully submitted, BON RRA CONSULTING Gary A. Medeiros Associate Principal, Regulatory Services Amber S. Oneal Senior Project Manager/Ecologist Attachments: A -Scope of Work and Fees B -Schedule C -Billing Rate Schedule R:1Projecu\TemecuAJ004\,SOW Regulatory-072808.doc Ronald Reagan Sports Park ATTACHMENT A SCOPE OF WORK AND FEES CONTINUED REGULATORY COORDINATION AND PERAAIT PROCESSING RONALD REAGAN SPORTS PARK DESILTATION BASIN PROJECT July 28, 2008 TASK 1 RESOURCE AGENCY COORDINATION/PERAAIT PROCESSING $3,060.00 ($2,850 Labor/$210.00 Directs) Under Task 4E of the original contract, BonTerra Consulting processed the U.S. Army Corps of Engineer's (USAGE) Section 404 permit application, the California Department of Fish and Game (CDFG) Section 1602 Streambed Alteration Notification, and the Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification. To date, the City has received the CDFG's Streambed Alteration Agreement and the RWQCB's 401 Water Quality Certification However, the USAGE will not issue their 404 permit until they receive a finding from the resource agencies (i.e., U.S. Fish and Wildlife Service [USFWSJ and CDFG) that the proposed mitigation is Biologically Equivalent or Superior to the habitat that would be impacted by the proposed project. It should be noted that USAGE agreed to the mitigation program originally proposed by the City. Therefore, the USAGE has asked BonTerra Consulting to meet directly with USFWS and CDFG to negotiate the final mitigation associated with the Determination of Biologically Equivalent or Superior Preservation {DBESP). This effort will be accomplished under Task 2 below. All work will be billed from this task on atime-and-materials basis. That is, BonTerra Consulting will only bill the hours needed to complete this task. While it is difficult to anticipate all processing requirements, additional funding is not expected to be needed to complete this task. Staff: Gary Medeiros, Associate Principal/Regulatory Services 10 hours Senior Project Manager/Ecologist 5 hours GIS Specialist 5 hours Administrative Assistant 5 hours TASK 2 DBESP NEGOTIATIONS AND REVISIONS $71,945.00 ($77,025.00 Labor/$920.00 Directs) Under Task 3, Amendment No. 1 to the original contract, BonTerra Consulting prepared a Draft Determination of Biological Equivalence or Superior Preservation report to address impacts on riparian/riverine resources and the least Bell's vireo (LBV), if present. BonTerra Consulting performed protocol surveys for the LBV under Task 1, Amendment No. t and determined that LBV were present at the project site and a Draft DBESP was prepared and submitted to the City. The DBESP included a description of the proposed project, a summary of the biological studies and resource mapping of the project site, demonstration of infeasible avoidance, quantification of unavoidable impacts, mitigation and conservation measures, and biologically equivalent or superior alternative conclusion and determination. It should be noted that the mitigation included in the Draft DBESP is consistent with the mitigation accepted by the CDFG, the USAGE, and the RWQCB. Therefore, this task includes continued negotiation with the resource agencies to determine a mitigation strategy that is acceptable to both the City and the resource agencies. Regulatory services will include correspondence and telephone calls between the agency staff assigned to process the DBESP and the USAGE 404 permit. These services also include any meetings with assigned regulatory agency staff during the review R:\ProjectslTemecuRJ0041SOw Re9~ac«y-o~2sos.doc A-1 Scope of Work and Fees process and revision of the DBESP to address any changes to the mitigation program if it is considered necessary. All work will be billed from this task on atime-and-materials basis. That is, BonTerra Consulting will only bill the hours needed to complete this task. While it is difficult to anticipate all processing requirements, additional funding is not expected to be needed to complete this task. Staff: Gary Medeiros, Associate Principal/Regulatory Services 35 hours Senior Project Manager/Ecologist 30 hours GIS Specialist 15 hours Administrative Assistant 15 hours TASK 3 REVISE HABITAT MITIGATION AND MONITORING PROGRAM $9,280.00 ($8,705.00 Labor/$575.00 Directs} BonTerra Consulting prepared a Draft Habitat Mitigation and Monitoring Program (HMMP) under Task 1, Amendment No. 2 to the original contract. This proposed scope of work addresses the need to evaluate additional mitigation sites and prepare a revised HMMP, if necessary. BonTerra Consulting will revise the HMMP to include additional mitigation required for impacts associated with the proposed project based on the outcome of agency negotiations described in Task 1. Specifically, the Revised HMMP may need to address additional creation/restoration of riparian habitat (up to 1.32 acres) for the desiltation project as requested in the July 2, 2008, DBESP comment letter that was issued by the USFWS and the CDFG. The HMMP would also need to be revised if alternative mitigation strategies are mutually agreed upon by the City and the resource agencies, including a cowbird trapping program and/or payment of an in-lieu mitigation fee for invasive species removal along the Santa Margarita River. Please note that the Revised HMMP will consist of one document that addresses the mitigation requirements for State and federal permits for the proposed basin work and emergency work along the stream. The Revised HMMP will consist of a bound report that will be submitted to the resource agencies and the client. The HMMP will follow the guidelines described in Final Mitigation Guidelines and Monitoring Guidelines (USAGE, April 19, 2004) and will comply with standard resource agency requirements for mitigation. The HMMP will include: (1} an assessment of both impact and future mitigation site conditions; (2) a discussion of the proposed mitigation program; (3) guidelines for site preparation, long-term site maintenance, long-term site performance monitoring, and site status documentation; and (4) the habitat function-based success criteria developed during reference site surveys. The HMMP will also include a conceptual mitigation site plan. This task includes a total of two HMMP revisions that consist of one revision based on City of Temecula comments and one revision based on resource agency comments. Additional document revisions will be performed on atime-and-materials basis, as noted below. Once the document review is complete, BonTerra Consulting will submit a total of ten final, bound copies of the HMMP to the City of Temecula for in-house use and a subsequent submittal to the USAGE, the USFWS, the CDFG, and the RWQCB. All work will be billed from this task on atime-and-materials basis. If the estimated hours listed below are exceeded due to the USACE's, the USFWS's, or the CDFG's requirement to identify additional mitigation associated with project impacts, work shall continue on a time-and- materials basis, subject to client approval. Deliverable: Ten (10) final, bound copies of the HMMP R:\Projects\TemecuRJ004\SOW Regulatory-072808.doc A-2 Scope of Work and Fees Ronald Reaaan Sports Park Staff: Melissa Howe, Associate Principal, Habitat Restoration 30 hours Senior Restoration Ecologist 20 hours GIS/Graphics 15 hours Administrative/Clerical Staff 9 hours TOTAL LABOR TOTAL DIRECT EXPENSES $22,580.00 1.705.00 TOTAL $24,285.00 R:\Projects\TemecuN004\SOW Regulatory-072ti08.doo ATTACHMENT B ANTICIPATED SCHEDULE CONTINUED REGULATORY COORDINATION AND PERMIT PROCESSING RONALD REAGAN SPORTS PARK DESILTATION BASIN PROJECT July 28, 2008 Task Schedule • Contact USFWSJCDFG to discuss mitigation strategy; schedule meetings, Upon Notice to Proceed if necessary, with the City and the resource agencies • Submit Revised HMMP and/or DBESP to City of Temecula for review 3 weeks from concept approval by i resource agenc es • Comments on Revised HMMP and/or DBESP received from City of 1 week following receipt of Revised Temecula documents • Submit Revised HMMP and/or DBESP to resource agencies and City 2 weeks from approval by the Ciry (5 copies} • Attend meeting(s) As needed R:\Projects\TemecuN004\SOW Regulatory-072808.doc Ronald Reagan Sports Park ATTACHMENT C BILLING RATE SCHEDULE CONTINUED REGULATORY COORDINATION AND PERMIT PROCESSING RONALD REAGAN SPORTS PARK DESILTATION BASIN PROJECT July 28, 2008 NAME HOURLY RATE Principal $195 Principal, Biology $165 Associate Principal, Habitat Restoration $150 Associate Principal, Regulatory $150 Senior Project Manager/Ecologist $115 Senior Restoration Ecologist $115 Senior Biologist $100-115 Junior Biologist $70-85 GIS Specialist $85 Editor $75 Ecologist $75 Administrative Assistant/Vl/ord Processing $70 R:\Projects\TemecuN004\SOW Regulatory-072808.doc REDEVELOPMENT AGENCY ITEM N~}. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 26, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:59 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar, Roberts ABSENT: 1 AGENCY MEMBERS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS A. Advising that he is an Old Town merchant, Mr. Stephen Eldred relayed his opposition to comments made by Mr. Ed Dool; expressed concern with the change in environment with respect to the construction on Mercedes Street; and relayed his dismay with the City not implementing an Environmental Impact Report before beginning construction. B. Referencing an article in the Californian, Ms. Claudia Keaton, Temecula, relayed her cancern with the future Civic Center plaza's commercial shops drawing customers away from the Old Town merchants. C. Ms. Lorena Spencer, Temecula, relayed her concern with the Redevelopment's tax financing being diverted from City revenues into the Redevelopment Agency's budget; advising that the cost of the future City Civic Center would be too high and would not be a benefit to the City as a whole, but rather favored developers. RDA CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of August 12, 2008. 18 Financial Statements for the Fiscal Year Ended June 30, 2008 RECOMMENDATION: 18.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2008; R:\Minutes1082608 18.2 Approve an increase of $850,000 for property tax increment revenues in the Debt Service Fund; 18.3 Approve an appropriation of $725,000 for pass-through agreements in the Debt Service Fund. 19 Exclusive Negotiating Agreement with Pelican Properties RECOMMENDATION: 19.1 Approve an Exclusive Negotiating Agreement between the Agency and Pelican Properties. MOTION: Agency Member Naggar moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Member Washington who was absent. JOINT CITY COUNCIUREDEVELOPMENT PUBLIC HEARING 20 California State University Funding Agreement RECOMMENDATION: 20.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 08-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS 20.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 08-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA OFF-CAMPUS CENTER PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE TEMECULA OFF-CAMPUS FUNDING AGREEMENT BETWEEN THE AGENCY AND CALIFORNIA STATE UNIVERSITY SAN MARCOS R:\Minutes1082608 2 20.3 Approve an appropriation of $115,000 for the Education Center Improvements from the Redevelopment Agency tax increment. Assistant City Manager Adams presented a staff report {per agenda packet). Because Agency Member Naggar serves on the Temecula Higher Education Foundation, a non-profit organization recently formed to promote higher education, City Attorney Thorson advised that Member Naggar does not have any conflicts of interest with respect to Consent Calendar Item No. 20. At this time, the public hearing was opened and due to no speakers, it was closed MOTION: Council Member Comerchero moved that the City Council adopt Resolution No. 08- 84. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. Agency Member Naggar advised that today, August 26, 2008, the Temecula Higher Education Foundation held its first meeting; noted that he will serve as Chair, Council Member Washington will serve as Vice Chair, and that Nate Garn will be a Board of Director; relayed that bylaws have been adopted; that the Board is proceeding with its California non-profit status; and that in the near future Board Members will be recruited and fundraising will begin. MOTION: Agency Member Comerchera moved that the Temecula Redevelopment Agency adopt Resolution No. RDA 08-07 along with Item No. 20.3. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Member Washington who was absent. RDA DEPARTMENTAL REPORT No reports at this time. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes1082608 3 RDA ADJOURNMENT At 8:16 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 9, 2008, at 5:30 p. m. fora Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1082608 ITEM N~}. 1G Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Housing and Redevelopment Director DATE: September 9, 2008 SUBJECT: Reconveyance of four (4) Old Town Parcels from the City to the Redevelopment Agency RECOMMENDATION: That the Agency Board Members 1. Authorize staff to convey four (4) City owned properties in Old Town to the Redevelopment Agency: Formerly APN's 922-034-029, 030, 031, 032, 033 and 034 located along the north side of Main Street, west of Mercedes Street, and APN 922-044-019, 026, 027 and 029 located along the south side of Main Street, west of Mercedes and 2. Authorize the Executive Director to execute Grant Deed on behalf of the Agency and take all other necessary action relating to the conveyance of the property. BACKGROUND: Overthe last 12 years, the RedevelopmentAgency acquired several parcels located in Old Town. The properties were purchased with Redevelopment Funds with the intent of providing public parking or other public purpose. The parcels are now part of the Civic Center improvements. In order to facilitate the official map for the Civic Center project, the property was conveyed from the Agency to the City. Now that the official map has been recorded, it is recommended that the commercial lots surrounding the Town Square be re-conveyed back to the Agency. These four lots are .05 acres smaller than the property initially conveyed to the Agency. FISCAL IMPACT: The value of the .05 acres given up by the Agency is $131,000. This value will be considered a payment towards the Agency's debt. ATTACHMENTS: Grant Deed -City to Agency Grant Deed -Agency to City Official Map Recording Requested by, and When Recorded, Return to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: Luke Watson Exempt from Recording Fees Pursuant to California Government Code Section 6103 GRANT 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 Taxation Code Sections 11911 and 11922. FOR A VALUABLE CONSIDERATION, the CITY OF TEMECULA, a municipal corporation, hereby GRANTS to the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, the land located in the City of Temecula, County of Riverside, State of California described on Exhibit "A" attached hereto and all improvements thereon. CITY OF TEMECULA By: Print Name: Title: Attest: 11086-000111034192v1.doc EYHIBIT "A" LEGAL DESCRIPTION OF LAND THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, DESCRIBED AS FOLLOWS: PARCELS 4, 5, 6 AND 7, IN THE CITY OF TEMECULA, AS PER OFFICIAL MAP NO. 2008-0270686, RECORDED IN BOOK 1, AT PAGE 20-22, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF BLOCKS 4, 5, 6, 7, 19 AND 20 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN BOOK 15, PAGE 726 RECORDS OF SAN DIEGO, CALIFORNIA 11086-000111034192v1.doc A-1 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) (City to Agency) This is to certify that interests in real property conveyed to or created in favor of the Redevelopment Agency of the City of Temecula by that certain Grant Deed dated 2008, executed by the City of Temecula, is hereby accepted by the undersigned officer on behalf of the Redevelopment Agency of the City of Temecula pursuant to the authority conferred by resolution of the Board of the Redevelopment Agency of the City of Temecula adopted on 2008, and the grantee consents to recordation thereof by its duly authorized officer. Dated: .2008 By: Redevelopment Agency of the City of Temecula Shawn Nelson, Executive Director ATTEST: By: Susan W. Jones, MMC City Clerk APPROy-~ ED AS TO FORM: Peter M. Thorson, City Attorney 11086-000111034192v1.doc A-2 d~~~~ (1/.~ ~/ Recording Requested by, Redevelopment Agency of the City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attn: Luke Watson Exempt from Recording Fees Pursuant to California Govermnent Code Section 6103 DOC # 2008-0134567 03/19/2008 08:00p Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIIII IIIIIII VIII III IIIIIII IIII IIIIII III VIII IIIIIII S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CH ExAM T: CTY I ~~~ Assessor's Pazcel Map No.: 922-034-029, 030 and 031; 922-042-004 and 005 GRANT DEED The undersigned grantor declazes that documentary transfer tax is $0.00 because this transaction is exempt from documentary transfer taxes under California Revenue and Tax Code Sections 11911 and 11922. FOR A VALUABLE CONSIDERATION, the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, hereby GRANTS to the. CITY OF TEMECULA, a municipal corporation, the land bearing Assessor's Pazcel Numbers 922-034-029, 030 and 031, and 922-042-004 and 005, located in the City of Temecula, County of Riverside, State of California, and all improvements thereon. See Exhibit "A" attached hereto. REDEVELOPMENT AGENCY OF THE CITY OF TEMECLTLA March 12, 2008 By: , Print Name: SuaL"^~ i7 ~f t~O'-~ Title: ~1Cc-LV711aE:: ~~urz'rolL '~ _ -. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On .-3'~~ "~ , 2008 before me, _,~2~2 ~ ~`~-Q°~ . `~-~ personally appeared ,~Iaut~ ~- ~-~~'Z ti/ ~~"A~ ~' ~7`"LO- _, who proved to me on the basis of satisfactory evidence to be the persor {U}s whose name~~is/al~ subscribed to the within instrument and acknowledged to me that Ee6ske~ executed the same in him'/ ie 'authorized capacity ie ,and that by his/kor/~ signatur~ on the instrument the person, 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 ~ °`~' Signature of Notary Public t[ r R. ~ tNc Commiwlon • 1726117 Notary rubNC - CdrcorMO Rb~rsld~ Coumy (Seal) Mrcam-ep.tia11.2m1 11086-0001\1034187v1.doc I CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) (Agency to City) This is to certify that interests in real property conveyed to or created in favor of the City of Temecula by that certain Grant Deed dated /YlaYCh 1 Z , 2008, executed by the Redevelopment Agency of the City of Temecula, 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 Fel,rupr v IZ , 2008, and the grantee consents to recordation thereof by its duly authorized officer. Date ~ - / '2__ , 2008 Print Name: c.+,.r ~~ Title: ~c~c'~ ft~l ~ ( .lo~.eZ7l7R~ STATE OF CALIFORNIA COUNTY OF RIVERSIDE On ~'f~ `~~ ,p2e008 before me, g~~1'~'~, J~' ~~`~'~`a-'~' ~ ~- personally appeazed ~a-~C~~ ~ ~ ~°°'~'~ _, who proved to me on the basis of satisfactory evidence to be the person whose name~'f f3/~ subscribed to the within instrument and acknowledged to me tha~e/shc/they executed the same in ~~ir1authorized capacity(i~), and that by us er~lEheu-signaturef~'j 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. al+c~-EV ~: Potulc WITNESS my hand and official seal. commlulon s 1 ~2aan tVOtory Publlc - Callfornta Riverside County MyComm. Bg7YSt Niv 1 S, 2011 Signature + (Seal) Signa a of Notary Public 3 11086-0001\t034187v1.doc Exhibit "A" LOTS 9 AND 10 OF BLOCK 20 OF TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THE NORTHWESTERLY 10 FEET OF MAIN STREET AS ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS, RECORDED APRIL 23,1975, AS INSTRUMENT N0.46491,AND THE SOUTHEASTERLY 1/2 OF THAT CERTAIN UNNAMED ALLEY LYING ADJACENT TO SAID LOTS 9 AND 10, WHICH WOULD PASS BY A CONVEYANCE OF SAID LOTS, SAID ALLEY BEING ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS RECORDED FEBRUARY 22, 1980, AS INSTRUMENT N0.35285, OF OFFICIAL RECORDS APN: 922-034-029 & 922-034-030 Real property in the City of Temecula, County of Riverside, State of California, described as follows: LOTS 26 THROUGH 32, INCLUSIVE, IN BLOCK 6 OF TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO TOGETHER WIi'H THOSE PORTIONS OF THAT CERTAIN UNNAMED ALLEY, 20:00 FEET I~ WIDTH, LYING WITHIN SAID BLOCK 6, THAT WOULD PASS BY A CONVEYANCE DESCRIBING SAID LOTS, SAID ALLEY HAVING BEEN ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS OF RNERSIDE COUNTY, A CERTIFIED COPY OF SAID RESOLUTION RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; E)CCEPTING THEREFROM THOSE PORTIONS THEREFORE AS CONVEYED TO THE STATE OF CALIFORNIA, IN DEEDS RECORDED JUNE 23,1948 IN BOOK 987 PAGE 511; DECEMBER 4, 196 AS INSTRUMENT NO. 105961 AND ]ULY 12, 1973 AS INSTRUMENT N0. 90987 ALL OF OFFICIA RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-042-004-3 and 922-042-005-4 4 11086-0001\1034187v1.doc ITEM N~}. 17 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Housing and Redevelopment Director DATE: September 09, 2008 SUBJECT: Exclusive Negotiating Agreement with the RC Hobbs Company RECOMMENDATION: That the Agency Board approves an Exclusive Negotiating Agreement between the Agency and the RC Hobbs Company. BACKGROUND: On May 25, 2007, the Agency issued a Request For Interest (RFI) to solicit interest from qualified firms for the development of the Agency's 30 acre site located at the north west corner of Diaz Road and Dendy Lane. Seven firms responded to the RFI. On August 9, 2007, Staff and the Ad Hoc Committee of Mayor Washington and Mayor Pro Tem Naggar interviewed five firms and selected the RC Hobbs Company (Hobbs) as the preferred developer and opened discussions on the Exclusive Negotiating Agreement (ENA). During its presentation, Hobbs demonstrated considerable experience in property development, leasing and management. Hobbs has over 30 years of experience and has developed a significant number of office, commercial and industrial projects, as well as, residential entitlements and apartment projects throughout Southern California. Project Description Hobbs has recently met with the Ad Hoc committee and City staff regarding the potential to incorporate a water park into the development of the property. The balance of the site would be workforce housing, which may include an affordable housing component. During the ENA period, Hobbs will be required to bring several site plan alternatives forward to be evaluated by staff and the Ad Hoc Committee. Agency Involvement A proposed development represents an opportunity to accomplish several goals of the City/Agency as outlined below: 1. Maintains the potential to develop additional affordable housing to assist the City in meeting its housing requirements. 2. Maintains the potential to redirect predominate traffic patterns by placing housing west of the freeway. 3. Provides additional recreation and entertainment opportunities to the community. 4. Enhances support for the French Valley interchange and extension west across Murrieta Creek. Agency Assistance Currently, the Affordable Housing Fund has $7.29 million invested into the property in acquisition and assessment district pay-off costs ($3.74 million) and mass gradinglsoil remediation costs ($3.55 million). Should the property be developed without an affordable housing component, then the Affordable Housing Fund would need to be reimbursed the fair market value of the property. The additional funding would then be reprogrammed to provide affordable housing elsewhere in the community. If affordable housing is included as part of the project, the Agency can provide funding assistance to make the units affordable to qualifying households. A detail pro-forma analysis will be performed by Keyser Marston Associates to determine the appropriate level of funding. Exclusive Negotiating Agreement In order to facilitate a proposed project, the Agency will enter into an Exclusive Negotiating Agreement with the RC Hobbs Company. The ENA provides Hobbs with the assurance that the Agency is not out soliciting other development partners for similar projects on the subject property. The proposed ENA includes the following deal paints 1. Six {6) month term with three (3) month Administrative extension 2. Developer will provide a $50,000 deposit 3. Developer is required to investigate the physical condition of the property 4. Developer will pay for cost to prepare all environmental documents In addition, based upon Hobbs ability to perform, draft deal points for a subsequent Development and Disposition Agreement {DDA) would be formulated through the end of the ENA period with the intent of drafting a DDA. The Exclusive Negotiating Agreement is the first step in the development of this project. No Agency commitment to sell the property can be made until a final agreement is approved following a public hearing. FISCAL IMPACT: As outlined above, the Affordable Housing Fund has invested $7.29 million in the property. ATTACHMENTS: Exclusive Negotiating Agreement EYCLUSIti E NEGOTIATING AGREEA~IENT This EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of September 9, 2008, and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency") and RC HOBBS CO., a California corporation (the "Developer"). RECITALS A. The Agency owns the land in the City of Temecula, State of California that is described in Attachment No. 1 (the "Site"). B. The Agency is interested in developing the Site with workforce housing, commercial improvements and a water park (the "Project"). C. The Agency has instructed the Agency's staff to proceed with this Agreement between Agency and Developer to negotiate on an exclusive basis to establish the terms and conditions of a "disposition and development agreement" ("DDA") that would result in the Developer's development of the Site with the understanding that the Agency shall be under no obligation to reach agreement on the terms thereof with Developer. D. The Developer and the Agency are willing to enter into this Agreement setting forth, among other things, the terms pursuant to which the Agency will negotiate with the Developer on an exclusive basis for a limited period regarding the Project and the proposed DDA. E. The staff, consultants and attorneys of the Agency have devoted and/or will devote substantial time and effort in meeting with the Developer and its representatives, reviewing and preparing proposals, plans and reports, and negotiating and preparing the terms of this Agreement and the proposed DDA. NOW, THEREFORE, the Parties hereto agree as follows: 1. The term of this Agreement shall commence on the date hereof and shall end on the earlier of: (i) March 9, 2009 (i. e., six months after the date hereof), or (ii) the date on which the Agency or Developer terminates this Agreement as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this Agreement and that the Agency has not terminated this Agreement pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the Executive Director of the Agency (acting for the Agency, and acting in his sole and absolute discretion) up to three (3) separate times for a period of up to three (3) months each time (i.e., for a maximum of nine months in the aggregate). 2. Either party may terminate this Agreement if the other party fails to comply with or perform any provisions of this Agreement and fails to cure the default within thirty (30) days after written notice from the other party. 3. During the ENA Period (as extended under Section 1, if applicable}, the Agency shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site. 4. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the Agency within the times set forth on Attachment No. 2. Concurrently with the execution of this Agreement, the Developer and the Agency shall execute and deliver a Right of Entry and Access Agreement in the form attached hereto as Attachment No. 3. 5. During the ENA Period (as extended under Section 1, if applicable), the Agency shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 4 attached hereto. Throughout the ENA Period, Agency staff shall use good faith efforts to be reasonably available to meet with the Developer to discuss the Project and the proposed DDA. ~. Excluding reimbursement for Agency staff time, Developer shall reimburse Agency for up to $50,000 of Agency's actual out-of-pocket costs and expenses (including legal fees and costs and consultants' fees and costs) incurred in preparing this Agreement and fulfilling its obligations under this Agreement from the date hereof, including, but not limited to: (i) the costs of compliance with the California Environmental Quality Act ("CEQA"); (ii) the cost of negotiating and preparing the DDA and related documents; and (iii) the costs of reviewing reports and plans relating to the Project (collectively, the "Reimbursable Costs"). Concurrently with its execution of this Agreement, Developer shall deposit with the Agency the sum of Fifty Thousand and No/100 Dollars ($50,000.00) (the "Reimbursement Funds"). The Reimbursement Funds shall be used and applied from time to time by the Agency to pay or reimburse itself for the Reimbursable Costs. The Agency shall provide the Developer a statement of Agency expenditures for every ninety (90) day period. Said statement shall be delivered with thirty (30) days of the end of the ninety (90) day period. In the event this Agreement is terminated by Agency under Section 2, the Reimbursement Funds shall be retained by Agency. In the event this Agreement is terminated by Developer under Section 2, the Reimbursement Funds shall be refunded to Developer. In the event that this ENA expires and a DDA is not approved and executed, then any unused Reimbursement Funds shall be returned to the Developer. If a DDA is negotiated, signed by Developer and submitted by Agency staff for approval by the Agency board, and the Agency board does not approve the DDA (due to an unacceptable material business term) or approves the DDA subject to a change in a material business term, then the Reimbursement Funds shall be refunded to Developer. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 7. The Agency and Developer acknowledge that all applicable requirements of CEQA must be met in order to approve the DDA and that this may require an environmental 2 impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the "EIR"). The Developer will, at its cost, fully cooperate with the Agency as the lead agency for the EIR. The EIR shall be prepared by Agency or its consultants at Developer's cost. 8. The Developer shall also bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer. 9. The Developer and the Agency understand and agree that neither Party is under any obligation whatsoever to enter into a DDA. In the event of the expiration or earlier termination of this Agreement, the Agency shall be free at the Agency's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site. 10. This Agreement may not be assigned by the Developer without the prior express written consent of the Agency in its sole and absolute discretion. 11. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by personal service or a reputable overnight delivery service (such as Federal Express) and addressed as follows: If to the Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn: John Meyer with a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attn: Bruce Galloway If to the Developer: R.C. Hobbs Company 1110 East Chapman Avenue, Suite 206 Orange, California 92866 Attn: Roger C. Hobbs, President 12. For purposes of the negotiations contemplated by this Agreement, the Developer's representative shall be Roger C. Hobbs (Phone: (714) 633-8100; Email: rch@rchobbs.com), and the Agency's representative shall be John Meyer (Phone: (951) 694-6412; Email: john.meyer@cityoftemecula.org). 3 13. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the Parties are superseded by this Agreement. 14. This Agreement may not be altered, amended or modified except by a writing executed by all Parties. 15. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed-upon arbitration or mediation shall be filed in and shall occur in the County of Riverside. 1&. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. 17. Time is of the essence of each and every provision hereof. 18. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. 4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. DEVELOPER: RC HOBBS CO., a California corporation By:_ Print N Title: CITY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts, Chairperson ATTEST: Susan Jones, MMC City Clerk Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 5 ATTACHMENT NO. 1 DESCRIPTION OF SITE 6 March 15, 2004 LEGAL DESCRIPTION CAMPUS SITE 'SAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, •:- 'THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OR CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 7S OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTBRLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDB AS RECORDED SBPTBMBBR 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CUAVE, SOUTH 48° 18" S2" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICL4.L REORDS OF SAID COUNTY, RECORDED NOVEMBER ib, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 58' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25° S2' 42", 383.9! FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20° 08' 32" BAST; THENCE NORTH 41° SO' 22" WEST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48° 09' 38" EAST i680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: PINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY VUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BBING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEM$ER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22"EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.35 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48° 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER l6, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL !; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THB GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° S8' 46" WEST 202.46 FEET TO THE NORTHEASTBRLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46° Oi' 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE WNCAVB NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04° 19' 17", 315.27 FBET; THENCE TANGENT TO SAID CURVE NORTH 41° 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEB'T FROM THE MOST NORTHERLY CORNER OF SAID PARCEL i ;THENCE NORTH 48° 09' 38" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF•WAY AND EASEMENTS, IF ANY OF RECORD. PERVISION: MY SU NDER ~~J U PREP R ~~0' "X(` J % ~ / I~ ~ y RONALD I O'7^~+~'~~ tT N~J~~ J. PARKS JALD J. PARKS " Nu. 19744 ?PUTY DIRECTOR OP PUBLIC WORKS ~ ~ CIVIL .iGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30.05 ~ 9r _ _a~. RiPARKSRLLEOAI Fa C°mq~s Sile°°c 7 LEGAL DESCRIPTION CAMPUS SITE March 15, 2004 'SAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, •:- 'THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OR CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 73 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL i; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTBRLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDB AS RECORDED SBPTBMBBR 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.33 FEET; THENCE TANGENT TO SAID CUAVE, SOUTH 48° 18" 32" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 132903, OF OFFICL4.L REORDS OF SAID COUNTY, RECORDED NOVEMBER ib, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 38' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 830.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25° S2' 42", 383.9! FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20° 08' 32" BAST; THBNCE NORTH 41° 30' 22" WEST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48° 09' 38" EAST i680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.13 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: PINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY VUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BBING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEM$ER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22"EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.33 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48° 18" 32" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 132903, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER l6, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL !; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 38' 46" WEST 202.46 FEET TO THE NORTHEASTBRLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46° Oi' 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE WNCAVB NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04° 19' 17", 315.27 FBET; THENCE TANGENT TO SAID CURVE NORTH 41° 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL i ;THENCE NORTH 48° 09' 38" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.13 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF•WAY AND EASEMENTS, IF ANY OF RECORD. PREP R%~J U~NDERJMY SU/PERVISION: t~D ' '~ II~O'7^~+~'~~ tT~N~I~~ y~ RONALO 1 J. PARKS JALD J. PARKS " Nu. 19744 ?PUTY DIRECTOR OP PUBLIC WORKS ~ .iGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30.03 ~~ CIVIL 9r_ _a~ RiPARKSRLLEOAI Fa C°mq~s Sile°°c ATTACHMENT N0.2 MATERIALS TO BE DELIVERED BY DEVELOPER TO THE AGENCY 1. Within thirty (30) days after the date of this Agreement, Developer shall deliver to Agency a site plan and concept drawings identifying building location and dimensions, uses, parking, landscaping areas and proposed design characteristics of the Project. (Agency staff shall then review the same for the purpose of issuing anon-binding preliminary approval or disapproval thereof.) 2. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency in a form acceptable to Agency staff: (i) a list of the sources of equity required for the Project and the proposed structure for investment of the equity, a list of the contemplated sources of debt financing for the Project, the projected costs of development of the Project, and the percentages of the costs that will be paid from equity and debt, respectively; (ii) a financial proforma for the Project on a phase by phase basis, if applicable, reflecting all projected Project income and revenues with a comparison to anticipated operating costs; and (iii) a financial analysis of the Project setting forth the Developer's projected return on its investment in the Project and a detailed description of the assistance or subsidy requested by Developer of Agency (if any) and the manner in which it was calculated. 3. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a list of potential major tenants and/or types of major tenants for space at the Project, together with, on a phase by phase basis, if applicable, the details of the type and size of spaces such tenants which may be interested in and the time periods for potential occupancy for such tenants, together with such tenant letters of intent as may be obtainable. 4. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall submit to Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of each component of the Project (the "Development Schedule"). 5. Within one hundred and twenty (120) days after the date of this Agreement, the Developer shall (subject to the terms of the Right of Entry and Access Agreement executed by Agency and Developer pursuant to and concurrently with this Agreement) investigate physical condition of the Site (including the soils thereon) and submit to the Agency in writing any and all objections Developer may have to the physical condition of the Site together with a detailed written explanation of the reasons for each objection. 6. Within one hundred and twenty (120) days after the date of this Agreement, Developer shall (i) obtain a title report for the Site and copies of the title exceptions described therein (and deliver a copy to the Agency); (ii) submit to Agency an ALTA survey of the Site certified to Developer and its title company based on the title report; and (iii) submit 9 to Agency Developer's written objections to any matter revealed by such survey or title report and a detailed written explanation of the reason for such objections. 7. Prior to execution of the DDA, the Developer shall submit to the Agency for its review and approval all organizational documents for the entities signing the DDA (and, to the extent requested by Agency, information, certifications and/or documents relating to the ownership, control, financial condition and signing authority of the direct and indirect owners and managers of each such entity). 8. Developer shall also diligently prepare and revise the EIR (as defined in the Agreement) to the extent permitted by the negotiations. Ia ATTACHMENT N0.3 FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT (Attached.) 11 RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of September 9, 2008, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and RC HOBBS CO., a California corporation (the "Developer") WITNESSETH: WHEREAS, the Agency is the owner of the real property more particularly described on Exhibit "A", attached hereto (herein called the "Site"); WHEREAS, the Agency and the Developer have entered into a Exclusive Negotiating Agreement related to the Site (the "ENA"); WHEREAS, the Developer needs the right of entry upon and access to the Site for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition and development of the Site by Developer; WHEREAS, the Agency has agreed to give Developer anon-exclusive license to enter upon the Site to perform the Due Diligence Activities subject to and in accordance with the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agency and the Developer do hereby covenant and agree as follows: 1. Access by Developer. Subject to Developer's compliance with the terms and provisions of this Agreement, Developer and Developer's employees, agents and consultants designated in writing by Developer to Agency (herein collectively called "Developer's Designees") shall have the right to enter upon the Site for the purpose of conducting the Due Diligence Activities, until the earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the termination of this Agreement; or (iii) the execution of the DDA contemplated by the ENA. Developer expressly agrees as follows: (i) any activities by or on behalf of Developer, including, without limitation, the entry by Developer or Developer's Designees onto the Site in connection with the Due Diligence Activities shall not damage the Site in any manner whatsoever except for minor damage normally resulting from typical site investigation activities such as soil borings and ground water testing; (ii) in the event the Site is altered or disturbed in any manner in connection with the Due Diligence Activities, Developer shall immediately return the Site to the condition existing prior to the Due Diligence Activities (unless otherwise agreed in writing by the Executive Director of the Agency), and (iii) Developer shall indemnify, defend and hold Grantor harmless from and against any and all claims, liens, liabilities, damages, losses. costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' 12 fees and expenses and court costs) suffered, incurl•ed or sustained by the Agency or the Site as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Developer or Developer's Designees onto the Site, except to the extent they are caused by the gross negligence or willful misconduct of the Agency, or its agents, contractors or employees. 2. Insurance. Developer 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 Developer, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: O1 11 85 or 88. Insurance Services Office Commercial General Liability form No. CG 00 Insurance Services Office Business Auto Coverage form CA 00 O1 06 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, anon- owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Developer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits no less than: 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. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 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. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, the Community Services District, the Agency and 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 Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. 13 For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, the Community Services District, the Agency or their officers, officials, employees or volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Community Services District, the Agency and their officers, officials, employees and volunteers. The Developer'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. Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the Agency. If insurance coverage is cancelled or, reduced in coverage or in limits the Developer shall within two (2) business days of notice from insurer phone, fax, and/or notify the Agency via certified mail, return receipt requested of the changes to or cancellation of the policy. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:~'II, unless otherwise acceptable to the Agency. Self insurance shall not be considered to comply with these insurance requirements. Verification of Coverage. Developer 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 work commences. As an alternative to the Agency's forms, the Developer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 3. Limitations; No Recording. Agency does not hereby convey to Developer any right, title or interest in or to the Property, but merely grants the specific and limited contractual rights set forth herein. In no event shall this Agreement or any memorandum hereof be recorded, and any such recordation or attempted recordation shall constitute a breach of this Agreement and the ENA by the party responsible for such recordation or attempted recordation. 4. Notices. Whenever any notice, demand, or request is required or permitted under this Agreement, such notice, demand, or request shall be in writing and shall be addressed and delivered as provided in the notices provision of the ENA. 5. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior express written consent of the Agency in its sole and absolute discretion. 14 6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same agreement. IN WITNESS WHEREOF, Agency and Developer have caused this Agreement to be executed and sealed, all the day and year first written above. 15 DEVELOPER: RC HOBBS CO., a California corporation By:_ Print N Title: CITY: REDEVELOPMENT OF THE CITY OF TEMECULA, a public body, corporate and politic By: Ron Roberts, Chairperson ATTEST: Susan Jones, MMC, City Clerk Agency Secretary APPROVED AS TO FORM: Peter Thorson, Agency Counsel 16 EXHIBIT A to Right of Entry and Access Agreement Description Of The Site 17 LEGAL DESCRIPTION CAMPUS SITE March 15, 2004 'SAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646, •:- 'THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OR CALIFORNIA, ACCORDING TO A MAP THEREOF FILED IN BOOK 6 PAGE 73 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL i; THENCE ALONG THE NORTHEASTERLY BOUNDARY THEREOF, (SAID NORTHEASTBRLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDB AS RECORDED SBPTBMBBR 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.33 FEET; THENCE TANGENT TO SAID CUAVE, SOUTH 48° 18" 32" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE). DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 132903, OF OFFICL4.L REORDS OF SAID COUNTY, RECORDED NOVEMBER ib, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 38' 46" WEST 1387.89 FEET TO THE BEGINNING OF A TANGENT, 830.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25° S2' 42", 383.9! FEET TO A POINT TO WHICH A RADIAL LINE BEARS SOUTH 20° 08' 32" BAST; THBNCE NORTH 41° 30' 22" WEST 1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 48° 09' 38" EAST i680.60 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS. EXCEPTING THE NORTHEASTERLY 4.13 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS: PINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHEASTERLY VUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BBING ALSO THE CENTERLINE OF RIVER CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEM$ER 13, 1939, PER BOOK 434, PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41° 42' 22"EAST 19.08 FEET TO THE BEGINNING OF A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 36" 30", 461.33 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48° 18" 32" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER INSTRUMENT NO. 132903, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER l6, 1972 AND THE MOST EASTERLY CORNER OF SAID PARCEL !; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 43° 38' 46" WEST 202.46 FEET TO THE NORTHEASTBRLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46° Oi' 14" WEST 641.73 FEET TO THE BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE WNCAVB NORTHEASTERLY, THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04° 19' 17", 315.27 FBET; THENCE TANGENT TO SAID CURVE NORTH 41° 42'.22" WEST, 18.62 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL i ;THENCE NORTH 48° 09' 38" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4.13 ACRES, MORE OR LESS. THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAY BE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF•WAY AND EASEMENTS, IF ANY OF RECORD. PREP R%~J U~NDERJMY SU/PERVISION: t~D ' '~ II~O'7^~+~'~~ tT~N~I~~ y~ RONALO 1 J. PARKS JALD J. PARKS " Nu. 19744 ?PUTY DIRECTOR OP PUBLIC WORKS ~ .iGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30.03 ~~ CIVIL 9r_ _a~ RiPARKSRLLEOAI Fa C°mq~s Sile°°c IS ATTACHMENT N0.4 AGENCY TASKS 1. Provide to Developer all currently existing plans, studies and other written information regarding the Site that are in the possession of the Agency (to the extent not previously delivered to Developer). 2. Obtain a fair market value appraisal of the Site. 3. Review the Developer's Site Plans, concept drawings and other submissions. 4. Cause the EIR to be prepared and review the EIR (as defined in this Agreement). 5. Prepare and revise drafts of the DDA to the extent reasonably permitted by the negotiations. 19 COUNCIL BUSINESS ITEM N~}. 18 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 9, 2008 SUBJECT: Agreement for Funding Acquisition of Open Space Property Between Western Riverside County Regional Conservation Authority and the City of Temecula PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- 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" BACKGROUND: During the July 22, 2008 Closed Session Meeting the City Council authorized staff to negotiate the purchase of two parcels on the escarpment west of the City of Temecula. Working with the Western Riverside County Regional Conservation Authority, the City has been successful in reaching a purchase price for both parcels. These parcels are commonly known as the Francis properties and are located on the escarpment west of Old Town (exhibit attached). Mr. Francis has agreed to sell the 37.11 acre parcel for $408,000 and the 26.85 parcel for $203,000 bringing the total appraised value for the parcels to $703,000. The City has $500,000 available in the Fiscal Year 2009-13 Capital Improvement Program (CIP) Budget for open space purchase(s). In order to make up the short fall, the RCA has indicated that they will contribute the remaining $203,000, plus escrow fees, provided the City of Temecula contributes $500,000 towards the effort. The RCA Board will consider the $203,000 allocation during their September Board hearing. The attached Funding Agreement is the vehicle that will move this process forward. FISCAL IMPACT: The Fiscal Year 2009-13 Capital Improvement Program (CIP) contains $500,000 in the Open Space Acquisition Program. ATTACHMENTS: Funding Acquisition Agreement Resolution Draft Funding Agreement Escarpment Acquisition Exhibit 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" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. The City Council hereby finds, determines and declares that A. The Western Riverside County Regional Conservation Authority ("RCA"} has entered into that certain agreement dated as of September 8, 2008 entitled "Agreement for Purchase and Sale of Real Property with Escrow Instructions" with N & A Development and Leasing Company, Inc. ("Purchase Agreement"} for the purchase of approximately 63.97 acres of land west of the City of Temecula (the "Property"} as identified on Exhibit A, Legal Description, of the Purchase Agreement. B. RCA will dedicate the Property to open space uses with public trails. 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 far 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 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. 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. 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. 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 day of Michael S. Naggar, 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. - was duly and regularly adopted by the City Cauncil of the City of Temecula at a meeting thereof held on the 9th day of September, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DRAFT: AUGUST 29, 2008 AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA 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 2448. 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 entered into that certain agreement dated as of September 8, 2448 entitled "Agreement for Purchase and Sale of Real Property with Escrow Instructions" with N & A Development and Leasing Company, Inc. ("Purchase Agreement") for the purchase of approximately 63.97 acres of land west of the City of Temecula (the "Property") as identified on Exhibit A, Legal Description, 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 ofthe 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 fulfills goals and policies of the Open Space/Conservation Element of the General Plan for the City of Temecula and particularly the following: Goa13, 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. RVPUBIWHS1752745.4 DRAFT: AUGUST 29, 2008 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 five hundred thousand dollars ($544,444.44) towards 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 cooperate with City's efforts in this regard. B. City agrees to pay for all costs associated with and undertake all other actions necessary in constructing and maintaining any trail system that maybe developed on the Property and agrees to indemnify RCA against any liability, except such liability that maybe the result of RCA's negligence. RVPUBIWHS1752745.4 DRAFT: AUGUST 29, 2008 C. The trail system shall be approved by City on or before one (1) year from the close of Escrow. RCA agrees to work with the City to assure the trail system's consistency with the MSHCP. 5. Consideration of Aimexation of Property into City. A. City may use its reasonable efforts to investigate the feasibility of aiuiexing 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 maybe 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 43200 Business Park Drive Temecula, California 92590 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 92502-16&7 Attn: Executive Director With a copy to: Best, Best & Krieger LLP 3750 University Ave., Suite 400 P.O. Box 1028 Riverside, CA 92502-1028 Attn: Michelle Ouellette RVPUBIWHS1752745.4 DRAFT: AUGUST 29, 2008 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. 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 maybe executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. llll llll RVPUBIWHS1752745.4 DRAFT: AUGUST 29, 2008 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA, a municipal corporation Michael Nagar Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney RVPUBIWHS1752745.4 DRAFT: AUGUST 29, 2008 WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, a public agency and joint powers authority By: Charles V. Landry Executive Director Attest: Clerk of the RCA Board By: Name: Title: Approved as to form: Best, Best & Kreiger LLP By: RVPUBIWHS1752745.4 Acquisition Parcels ~PNGNO~ v ~ ~~' / ~ / ~ / ``~~ ~'vF , o' ~~ SS~~ ',~ O`°, T ~~' ° N ~~~ ~ Z \ ` ~ ` ~~ ~ ~ ~~ ~~ ~ 1~~~ ~~~~- ~, `--'----________ RANCHO CALIFORNIA RD ~~ --~--- j a, o, .~ ~ ~. \ G~P~ ~ \ O 940-040-003 ~ ~ ~~ ~A / 24.6 Acres '~_ - ~ $295,000 r~ / i i ~ ~ '~~ \ / I_._ ~~ ~~ ~ ~ ~__ , z z ~ ~ ~~ ~ ~o~ __ ~~~~ l ~. ~. ., ~ ~~ ~,.,. ,~ WNW ~ ~ 940-080-001 ~~~~~ 25.07 Acres ~~ $408,000 \~ ~ ~. ~ ~ ~ .: ~ I `\\ ~ / _ \ // ~ ` X ` V ~ / ~ ~ ~~. ~ ~ / ~ i ~ ~ i~~ ~ ~ ` ~ j ~ ~~ / l i ~~. ~ I ~ ~~ ~ / / \~~ ~.A City Limits ~_____~ J Parcels Streets This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modifcation. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale.