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HomeMy WebLinkAbout121608 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 11] AGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 16, 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. Next in Order: Ordinance: 08-16 Resolution: 08-114 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced. Invocation: Pastor John Ruhlman of Life Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Barbara Tooker Dav Proclamation Stew Morris Day Proclamation 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 List of Demands RECOMMENDATION: 2.1 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 3 City Treasurer's Report as of October 31, 2008 RECOMMENDATION: 3.1 Approve and file the City Treasurer's Report as of October 31, 2008. 4 Financial Statements for the Three Months Ended September 30, 2008 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2008. 4.2 Approve a transfer of $591,000 in Development Impact Fees from Murrieta Creek Bridge and Overland Drive Extension to Diaz to Main Street Bridge project. 4.3 Approve a transfer of $63,500 of Capital Reserve fund from Localized Drain Storm to the Western Bypass project. 2 5 2008-09 Community Service Funding Program RECOMMENDATION: 5.1 Review and Approve the FY 2008-09 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $32,200 to 19 organizations. 6 Establish a time and place for a hearing for an Appeal of Penalties and Interest imposed upon the Holiday Inn Express under the Transient Occupancy Tax Provisions of the Temecula Municipal Code 6.1 Set a hearing date for the appeal of penalties and interest imposed upon the Holiday Inn Express under the Transient Occupancy Tax provisions of the Temecula Municipal Code. Said hearing date shall be set for January 13, 2009, at 7:00 p.m., in the Council Chambers at Temecula City Hall. 6.2 Direct the City Clerk to provide legal notice to the appellant, Holiday Inn Express, of the hearing date for the appeal to be heard. 7 Proposed Policy Change, Changing all City Minutes to Action Minute Format RECOMMENDATION: 7.1 Approve a policy change to the format of all City Minutes to the Action Minute format. 8 Dedication of Diaz Road as a Public Street and Accepting it into the City-Maintained Street System, Project No. PW95-27 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DEDICATING THAT PORTION OF DIAZ ROAD BETWEEN RANCHO WAY AND RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA AS A PUBLIC STREET AND ACCEPTING IT INTO THE CITY-MAINTAINED STREET SYSTEM 9 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation - STPL Project No. PW06-14 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation - STPL Project No. PW06-14 10 Proposition 1 B (Transportation Bond) 2008-09 Allocations and Funding Proposals RECOMMENDATION: 10.1 Approve the attached Proposition 1 B Local Streets and Roads Funding Proposals for Fiscal Year 2008-09 and authorize staff to apply to the State Department of Finance for release of $1,455,935 in Proposition 1 B funds for these projects; 10.2 Increase the estimated revenue for Proposition 1 B funding in the amount of $1,455,935; 10.3 Appropriate the estimated Proposition 1 B revenue in the amount of $1,455,935 to supplement the FY 2008-09 Citywide Street Maintenance and Drainage Operating Budget Accounts. 11 Professional Services Agreement - RBF Consultinq Preparation of Construction Plans, Specifications, and Estimate 1-15/SR-79S Ultimate Interchange - Project No. PW04-08 RECOMMENDATION: 11.1 Approve the Professional Services Agreement with RBF Consulting in an amount not to exceed $2,032,600 for the preparation of construction Plans, Specifications, and Estimate of the Interstate-15 / State Route 79 South Ultimate Interchange, Project No. PW04-08; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $203,260, which is equal to 10% of the agreement amount 12 Professional Engineering Services Agreement with J M Diaz, Inc. for the Temecula Parkway Striping Modifications from Interstate-15 to Pechanga Parkway - Project No. PW07-08 RECOMMENDATION: 12.1 Approve the Agreement for Professional Engineering Services with J M Diaz, Inc. (dba JMD) for modifying construction plans for the Temecula Parkway Striping Modifications from Interstate-15 to Pechanga Parkway, Project No. PW07-08, in the amount of $29,210; 12.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $2,921, which is equal to 10% of the agreement amount 13 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10 RECOMMENDATION: 13.1 Approve the Plans and Specifications for the Project; 13.2 Authorize the Department of Public Works to solicit construction bids for Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10. 14 Southern California Gas Company Easement within Margarita Park RECOMMENDATION: 14.1 Grant an Easement to Southern California Gas Company for construction, operation, and maintenance of facilities within Margarita Park. 15 Purchase of Backup Generator for the Temecula Public Library RECOMMENDATION 15.1 Award a contract with DataSpan for the purchase and installation of a backup power generator for the Temecula Public Library for the total amount of $103,001, and authorize the Mayor to execute the contract; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,300, which is 10% of the contract amount; 15.3 Appropriate $113,301 from General Fund Capital Reserves to fund the purchase. 16 Three-Year Agreement with Animal Friends of the Valleys for Animal Control Services RECOMMENDATION: 16.1 Approve a three-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $156,000 per year; 16.2 Authorize the City Manager to approve additional service not to exceed $10,000 in contingency. 17 Edison Triton Substation - Letter of Concern - at the request of Council Members Roberts and Washington RECOMMENDATION: 17.1 Receive and File a Letter of Concern regarding the proposed Edison Triton substation. 18 6th Street Promissory Note RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6TH STREET PROPERTY PROMISSORY NOTE 19 Second Reading of Ordinance No. 08-14 RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT- SANTA MARGARITA (OS-C-SM) 20 Second Reading of Ordinance No. 08-15 RECOMMENDATION: 20.1 Adopt an ordinance entitled: ORDINANCE NO. 08-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR- SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS C SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE- ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors 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 come forward and state your name for the record CSD CONSENT CALENDAR 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of December 9, 2008. 22 Financial Statements for the Three Months Ended September 30, 2008 RECOMMENDATION: 22.1 Receive and file the Financial Statements for the three months ended September 30, 2008. 22.2 Approve a transfer of $26,000 to Service Level "B" Fund R.E.S.T from TCSD Citywide R.E.S.T. CSD BUSINESS 23 Appointment of President and Vice President of the Community Services District for Calendar Year 2009 RECOMMENDATION: 23.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2009, to preside until the end of Calendar Year 2009; 23.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2009, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2009. CSD DEPARTMENTAL REPORT 24 Community Services Department Monthly Report 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 16 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 come forward and state your name for the record RDA CONSENT CALENDAR 25 Minutes RECOMMENDATION: 25.1 Approve the minutes of December 9, 2008. 26 Financial Statements for the Three Months Ended September 30, 2008 RECOMMENDATION: 26.1 Receive and file the Financial Statements for the three months ended September 30, 2008. 27 Northwest RDA Property Grading and NPDES Compliance, PVV06-03 Increase in Contingency Funds RECOMMENDATION: 27.1 Approve an increase of $16,000 in the contingency funds for the Skanska construction contract, Project No. PVV06-03, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $638,436.43. 28 6th Street Property Promissory Note RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6TH STREET PROPERTY PROMISSORY NOTE RDA BUSINESS 29 Appointment of Chair Person and Vice Chair Person of the Redevelopment Agency for Calendar Year 2009 RECOMMENDATION: 29.1 Entertain motions from the Agency Members to appoint the Chair Person to preside, effective January 1, 2009, until the end of Calendar Year 2009; 29.2 Entertain motions from the Agency Members to appoint the Vice Chair Person, effective January 1, 2009, who will assume the duties of the Chair Person in the Chair Person's absence. and hold this office until the end of Calendar Year 2009. RDA DEPARTMENTAL REPORT 30 Redevelopment Departmental Monthly Report 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 31 Appointment of Mayor and Mayor Pro-Tem for Calendar Year 2009 RECOMMENDATION: 31.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2009, to the end of Calendar Year 2009; 31.2 Entertain motions from the City Council Members to appoint the Mayor Pro-Tem, effective January 1, 2009, who will assume the duties of the Mayor in the Mayor's absence. and hold this office until the end of the Calendar Year 2009. DEPARTMENTAL REPORTS 32 City Council Travel/Conference Report - November 2008 33 Public Works Department Monthly Report 34 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, January 13, 2009, 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 will be available the Friday before the City Council meeting after 4:00 PM. 10 PROCLAMATIONS AND PRESENTATIONS ~ ae a~ 4-4 cj cal a~ o ~ ~ C/~ a~ ~ O U O vl a~ a, t 4 ~ 0. 4.1 C"~I 71 0 co tD CID on ~ as ~ z . o t W W W W W O S-." 77, ~ G r ° ~ S W ~ W U W W cr._, W . W , 00 Q a w N a ' rs 06 0 x C a [^rJ, ma y..l U a? • t y ~y ~ o FFti q , yy 1••~ `}y 42 r~ ~ ~ 7ti O U7 V: U r~ y H ~ ~ P U U d U as a w Z v c u C4, w o 0 Q ti'' U 44 U -0 ~ r a u o H ca ai 0 ON N q' cn a U cd 0 COO a i , • ~~11 ~V S ~i ~ 4--~ ~U+ rte, O Q.. U 4.1 O 0 4.1 IM ' ~ cc o ' bA CZ3 > Z 3 Q v~ U S U r U t" N V] te. O.. c3 0 P~ ice- C400 ui + w N COO C O U x D V1 ' co ~e o V cc W W W W W W v .14 W K- x r ~ x r x r~ x ~ ~ xbp x r o o z ~ an Cd U o 0 C~ CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 16, 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. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $1,283,732.51. 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 16th day of December, 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 16th day of December, 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 11/25/2008 TOTAL CHECK RUN $ 781,188.25 11/26/2008 TOTAL PAYROLL RUN: 502,544.26 TOTAL LIST OF DEMANDS FOR 12/162008 COUNCIL MEETING: $ 1,283,732.51 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 255,504.89 165 AFFORDABLE HOUSING 7,781.27 190 TEMECULA COMMUNITY SERVICES DISTRICT 67,184.06 192 TCSD SERVICE LEVEL B 117.74 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 3,000.78 194 TCSD SERVICE LEVEL D 1,043.83 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,931.57 197 TEMECULA LIBRARY FUND 1,303.71 210 CAPITAL IMPROVEMENT PROJECTS FUND 397,468.62 280 REDEVELOPMENT AGENCY - CIP PROJECT 11,416.47 300 INSURANCE FUND 1,018.28 320 INFORMATION SYSTEMS 20,547.65 330 SUPPORT SERVICES 6,124.55 340 FACILITIES 3,744.83 001 GENERAL FUND $ 326,636.65 165 AFFORDABLE HOUSING 7,645.68 190 TEMECULA COMMUNITY SERVICES DISTRICT 110,094.11 192 TCSD SERVICE LEVEL B 132.81 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,808.77 194 TCSD SERVICE LEVEL D 1,145.25 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,440.91 197 TEMECULA LIBRARY FUND 682.09 280 REDEVELOPMENT AGENCY - CIP PROJECT 5,127.56 300 INSURANCE FUND 2,135.48 320 INFORMATION SYSTEMS 29,123.85 330 SUPPORT SERVICES 4,832.72 340 FACILITIES 8,738.38 $ 781,188.25 502,544.26 TOTAL BY FUND: $ 1,283,732.51 apChkLst 1112512008 4:53:56PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1156 11/26/2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,964.78 19,964.78 SOLUTION 1157 1112612008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,319.73 129,319.73 RETIREMENT) 1158 11/2612008 000283 INSTATAX(IRS) Federal Income Taxes Payment 93,437.68 93,437.68 1159 11126/2008 000444 INSTATAX (EDD) State Disability Ins Payment 23,550.74 23,550.74 1160 11126/2008 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,463.72 3,463.72 SOLUTION 128026 11125/2008 008552 ADKINS DESIGN CONSULTING Oct graphic design svcs:Theater 4,633.64 4,633.64 128027 11125/2008 005068 ADKISSON, CAN DICE reimb: Senior lunch pgrm permits 60.00 60.00 128028 11125/2008 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 128029 11125/2008 011954 BAKER & TAYLOR INC (5) Book Purchase: Library 133.85 (4) Book Purchase: Library 87.96 221.81 128030 11125/2008 004856 BILLIARDS DEPOT misc supplies: MPSC 297.19 297.19 128031 11125/2008 006908 C C & COMPANY INC deposit May event:MPSC 200.00 deposit holiday event:MPSC 75.00 275.00 128032 11/25/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 128033 11125/2008 004566 CALIF DEPT OF TOXIC 08109 EPA ID Verification fee 22.50 22.50 SUBSTANCES 128034 11125/2008 004971 CANON FINANCIAL SERVICES, Nov copier Ieases:City Facilities 4,744.84 4,744.84 INC 128035 11125/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 128036 11125/2008 011334 DAVIS, DAVE ee computer purchase pgrm 2,000.00 2,000.00 Page:1 apChkLst Final Check List Page: 2 1112512008 4:53:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 128037 11/25/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,048.96 INC Fuel for City vehicles: PW Maint 998.76 Fuel for City vehicles: Code Enf 344.22 Fuel for City vehicles: PW Lnd Dev 341.57 Fuel for City vehicles: B&S 245.89 Fuel for City vehicles: PW CIP 92.76 Fuel for City vehicles: PL/CC/IS 79.42 Fuel for City vehicles: PW Traffic 8.78 3,160.36 128038 11125/2008 000523 EASTERN MUNICIPAL WATER Nov 190304-02 Seraphina Rd 430.80 430.80 DIST 128039 11125/2008 011203 ENVIRONMENTAL CLEANING Oct Janitorial Svcs:Park Restrooms 5,221.00 5,221.00 128040 11/25/2008 000165 FEDERAL EXPRESS INC 11114 express mail svcs:CityWde 1,785.45 1,785.45 128041 11125/2008 007659 FIRST AMERICAN TITLE title srch:W Bypass Bridge/Murr Crk 500.00 500.00 INSURANCE Paget apChkLst Final Check List Page: 3 11125/2008 4:53:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 128042 11/2512008 003347 FIRST BANKCARD CENTER U S CONFERENCE OF MAYORS, ME 77th Winter Mtg Jan 17-19, 2009 THE RANCHO LAS PALMAS TT Lodging MISAC conf 10/18-19 QUICKSTART TT Computer classes in Moreno Vly CHAFFEY COMMUNITY COLLEGE RJ LEED certification trng D.West CHAFFEY COMMUNITY COLLEGE MH LEED certification trng M.Harold GOLDEN RESTAURANT PAYPAL CONFERENCE MANAGER.COM FRANKLIN COVEY SWING INN CAFE INTHELEED.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM RED LION RED LION 128043 11125/2008 010326 G E MOBILE WATER, INC RJ rfrshm nts: Forest City mtg 1114 TT Verisign Payfiow Pro Transaction RJ Conf call Mercedes Benz MH office supplies for Bldg & Safety AA Refreshment: Budget review mtg MH Training materials for LEED cert. RJ Conf call Waterpark RJ Conf call Mercedes Benz RJ Conf call Mercedes Benz RJ Conf call Waterpark RJ Conf call Mercedes Benz RJ Conf call Waterpark RJ Conf call Mercedes Benz RJ Conf call Waterpark TT htl:Womens Cf M.Waterman 1213-4 TT htl:Womens Cf M.Casey 1213-4 Oct svc osmosis washer:Stn 73 Nov rent osmosis washer:Stn 73 128044 11125/2008 003815 GFB FRIEDRICH & ASSOCIATES Oct design svc:DePortola Rd INC 128045 11125/2008 003198 HOME DEPOT, THE maintenance supplies: Library 128046 11125/2008 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 303355 Amount Paid 575.00 343.00 300.00 225.00 225.00 217.93 87.00 43.67 43.05 36.22 24.99 18.90 15.69 14.98 14.09 12.48 11.23 9.99 1.97 -120.18 -120.18 117.06 55.00 25.86 11,102.50 286.84 10,470.41 Check Total 1,979.83 197.92 11,102.50 286.84 10,470.41 Page3 apChkLst Final Check List Page: 4 1112512008 4:53:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 128047 11/25/2008 011595 ITS OF RIVERSIDE COUNTY refund: room rental Library 12111 157.50 157.50 128048 11125/2008 000482 LEIGHTON CONSULTING INC Aug-Oct geotech svcs:Old Town 30,943.50 Oct-Nov geotech svcs:Old Town 3,889.50 Sep-Nov geotech sres:Diaz Rd 1,500.00 36,333.00 128049 11/25/2008 008610 M C R STAMPS entertainment:High Hopes prgm 10117 25.00 25.00 128050 11125/2008 004307 MARINE BIOCHEMISTS Nov water maint srvcs:Harv/Duck Pond 4,855.00 4,855.00 128051 11125/2008 002046 MASTER K 9 INC Nov Training For Police K-9 125.00 125.00 128052 11125/2008 010974 MATRIX CONSULTING GROUP Nov user fee & DIF study:finance 13,678.00 Oct user fee & DIF studyAnance 4,513.00 18,191.00 128053 11125/2008 012062 MCCRACKEN, MICHAEL refund:sec.depositlcrc 11115/08 150.00 150.00 128054 11125/2008 006571 MELODY'S AD WORKS INC. reimb expenses:O.T. holiday events 210.06 210.06 128055 11125/2008 001384 MINUTEMAN PRESS window envelop es:fi nan ce dept 1,062.54 1,062.54 128056 11125/2008 004020 MISSION INN FOUNDATION excursion:mpsc 1218108 136.50 136.50 128057 11125/2008 005887 MOFFATT & NICHOL ENGINEERS 8124108-9127108 Dsgn Srvc:F.V.Pkwy 36,196.19 36,196.19 128058 11125/2008 012572 MONSON, LUISA D. AND BRIAN K. refund:eng deposit/27309 madison ave 1,273.90 1,273.90 128059 11125/2008 004508 NAGGAR, MICHAEL S. reimb:Jul-Oct internet services 106.61 106.61 128060 11125/2008 002925 NAPA AUTO PARTS City veh. parts/supplies: Medics 48.08 48.08 128061 11125/2008 008528 NICHOLS, MELBURG & ROSETTO Sep Dsgn:Civic Center Ph II 165,657.35 Sep Dsgn:Old Town Infrastructure Ph I 138,749.27 304,406.62 128062 11125/2008 004512 NINYO & MOORE Eng Srvcs:Citywide Slurry Seal 3,505.00 3,505.00 128063 11/25/2008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:childrens museum 10.23 10.23 DIV Page-.4 apChkLst Final Check List Page: 5 1112512008 4:53:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 128064 11/25/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 773.96 773.96 128065 11125/2008 001171 ORIENTAL TRADING COMPANY Misc rec supplies:children's museum 30.91 30.91 INC 128066 11125/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 128067 11125/2008 012571 POLLAK, HARRY Reimb: CERT train-Anaheim 1113-5 29.21 29.21 128068 11125/2008 004627 PUBLIC SAFETY TECHNOLOGIES equip repair:police radar trailer 540.00 540.00 INC 128069 11125/2008 002072 RANCHO CALIF WATER DIST- Plan Ck deposit rcycld water irrigation 1,500.00 1,500.00 FEES 128070 11125/2008 000271 RBF CONSULTING Sep const support srvcs:O.T.lnfrstr 945.42 945.42 128071 11125/2008 004584 REGENCY LIGHTING electrical supplies: parks 286.08 286.08 128072 11125/2008 003742 REHAB FINANCIAL Oct RDA Loan Servicer 8.00 8.00 CORPORATION 128073 11125/2008 003591 RENES COMMERCIAL Weed abatement:Citywide locations 4,992.00 4,992.00 MANAGEMENT 128074 11125/2008 004498 REPUBLIC INTELLIGENT Oct street light maint:citywide 268.18 268.18 128075 11125/2008 010087 RIGGS & RIGGS INC Appraisal srvcs:Diaz Road Property 8,500.00 8,500.00 128076 11125/2008 000411 RIVERSIDE CO FLOOD CONTROL encroachment permit fee:w.bypass bridge 2,000.00 2,000.00 128077 11125/2008 001592 RIVERSIDE CO INFO Oct radio rental & maint:policelprk 1,556.82 1,556.82 TECHNOLOGY 128078 11125/2008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 128079 11125/2008 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File #2008058526 363.40 363.40 128080 11/25/2008 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File # 08-59437 200.00 200.00 Pages apChkLst Final Check List 1112512008 4:53:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 128081 11/25/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2007052618 128082 11125/2008 009746 SIGNS BY TOMORROW 128083 11125/2008 008823 SILVER STAR PAINTING 128084 11125/2008 000645 SMART & FINAL INC 128085 11125/2008 000537 SO CALIF EDISON 128086 11125/2008 001212 SO CALIF GAS COMPANY dog park signs (sm dog/Ig dog): parks res imprv prgm:Chichester, Helen Misc rec supplies:mpsc Nov 2-30-099-3847 Ryecrest Nov 055-475-6169-5 PBSP Nov 101-525-0950.0 TCC 128087 11125/2008 006559 SOUTHWESTERN RIVERSIDE refund:sec.deposit/crc 11115/08 COUNTY 128088 11125/2008 012577 SWINERTON BUILDERS refund:eng deposit/23561 1 map 128089 11125/2008 012566 SZYMANSKI, DANETTE refund:sec.depositlmpsc 1112108 128090 11125/2008 003599 T Y LIN INTERNATIONAL 8130108-9126108 dsgn:w.bypass bridge 128091 11125/2008 006896 TEMECULA MUSIC ACADEMY INC refund:sec.depositlcrc 1119108 128092 11125/2008 128093 11125/2008 128094 11125/2008 128095 11125/2008 128096 11125/2008 128097 11125/2008 Amount Paid 100.00 161.17 1,680.00 270.63 87.37 183.15 125.92 125.92 17.04 150.00 12,926.10 150.00 5,387.65 150.00 400.00 383.50 3,888.20 113.75 4,895.39 63.00 Page: 6 Check Total 100.00 161.17 1,680.00 270.63 87.37 452.03 150.00 12,926.10 150.00 5,387.65 150.00 400.00 383.50 3,888.20 113.75 4,895.39 63.00 Page6 010848 011090 003849 010276 002702 000325 TEMECULA PLANTSCAPE TEMECULA VALLEY TRANSPORTATION TERRYBERRY COMPANY TW TELECOM U S POSTAL SERVICE UNITED WAY Nov plantscape srvcs:library Sep '08 transportation srvcs for City Employee Recognition: HR Service Pins Nov high speed internet Fire stn 92 Oct '08 postage meter deposit United Way Charities Payment apChkLst 11125/2008 4:53:56PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 128098 11/25/2008 004261 VERIZON 128099 11125/2008 010487 WATSON, LUKE 128100 11125/2008 012567 WELDON, KYLEE 128101 11125/2008 000339 WEST PUBLISHING CORP 128102 11125/2008 012573 WOLF STORE LLC Final Check List Page: 7 CITY OF TEMECULA (Continued) Description Amount Paid Check Total Novxxx-0074 general usage 289.03 Nov xxx-0073 general usage 251.60 Novxxx-3564 alarm 67.08 Nov xxx-2075 general usage 36.58 Nov xxx-0714 PD Mall Alarm 35.48 Novxxx-5275 PD DSL 34.61 Nov xxx-4723 Police Storefront 34.61 Nov xxx-6084 general usage 32.50 781.49 reimb:CDBG Seminar-LA 10128/2008 76.00 76.00 refund:'Beauty and the Beast' 7.99 7.99 DMV regulations publication: Police 513.99 513.99 refund:eng deposit/30854 lolita rd 995.00 995.00 Grand total for UNION BANK OF CALIFORNIA: 781,188.25 Page:? apChkLst Final Check List Page: 8 11125/2008 4:53:56PM CITY OF TEMECULA 82 checks in this report. Grand Total All Checks: 781,188.25 Page:B ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: City Treasurer's Report as of October 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of October 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 October 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of October 31, 2008 City of Temecula, California Portfolio Management Portfolio Summary October 31. 2008 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Investments Par Value Market Value Book Value %of Portfolio Term Daysto Maturity YTM 360 Equiv. YTM 365 Equiv. Certificates of Deposit - Bank 873, 983.53 873,983.53 873,983.53 0.39 1,177 669 5.600 5.678 Managed Pool Accounts 107,417, 040.98 107,417,040.98 107,417,040.98 48.55 1 1 2.724 2.762 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 41,084, 207.60 41,058,696.75 41,084,207.60 18.57 1 1 2.821 2.860 Commercial Paper- Interest Bearing 5,236, 000.00 5,171,597.21 5,236,000.00 2.37 178 121 3.310 3.356 Federal Agency Callable Securities 52,400, 000.00 52,471,668.00 52,396,937.50 23.68 1,350 1,143 4.047 4.104 Federal Agency Bullet Securities 10,082, 000.00 10,071,858.45 10,057,178.45 4.55 801 649 3.818 3.871 Investment Contracts 4,202, 588.76 4,202,588.76 4,202,588.76 1.90 9,052 6,433 4.191 4.250 221,295,823.87 221,267,436.68 221,267,939.82 100.00% 538 429 3.158 3.202 Investments Cash and Accrued Interest Passbook/Checking 3,662,949.34 3,662,949.34 3,662,949.34 1 1 0.000 0.000 (not included in yield calculations) Accrued Interest at Purchase 2,493.20 2,493.20 Subtotal 3, 665, 442.54 3, 665, 442.54 Total Cash and Investments 224,958,773.21 224,932,879.22 224,933,382.36 538 429 3.158 3.202 Total Earnings October 31 Month Ending Current Year 597,649.10 Average Daily Balance 226,140,671.84 Effective Rate of Return 3.11% Reporting period 10/01/2008-10/31/2008 Portfolio TEME CID Run Date: 11!25+2008 -11:06 No fiscal year history available PM (PRF_PM1) SyrnRept 6.41.202a Report Ver.5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2008 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453518.2 88.12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 5.600 5.678 669 09/01/2010 5.600 5.678 669 Managed Pool Accounts 122216003.2 CIT Y COP RE2 104348008 01- 2 IMP 104348006 01. 2 RES A 104348016 01- 2 RES B 104348000 01. 2 SP TAX 94669911 03- 1 AGO At 94669921 03. 1 ACQ B1 94669902 03- 1 BOND 94669906 03. 1 RES A 94669916 03- 1 RES B 94669000 03. 1 SP TAX 793593011 03- 2 AGO 793593009 03. 2 EMI ND 793593007 03- 2 IMP 793593016.2 03. 2 LOC-2 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 744727006.2 03. 3 RES 2 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 IMP 786776006 03. 6 RES 786776000 03- 6 SP TAX 95453510 88. 12 BOND 95453518 88- 12 GEN I Run Date: 1 112 5/200 8 - 11 06 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 256,905.41 256,905.41 256,905.41 0.960 0.947 0.960 1 First American Treasury 83.50 83.50 83.50 0.970 0.957 0.970 1 First American Treasury 41.34 41.34 41.34 0.990 0.976 0.990 1 First American Treasury 65.17 65.17 65.17 0.960 0.947 0.960 1 First American Treasury 4,268.36 4,268.36 4,268.36 0.960 0.947 0.960 1 First American Treasury 15,098.04 15,098.04 15,098.04 0.960 0.947 0.960 1 First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 09/05/2008 21,266.89 21,266.89 21,266.89 0.960 0.947 0.960 1 First American Treasury 2,308.50 2,308.50 2,308.50 0.960 0.947 0.960 1 First American Treasury 67.97 67.97 67.97 0.980 0.967 0.980 1 First American Treasury 91,939.47 91,939.47 91,939.47 0.960 0.947 0.960 1 First American Treasury 4,225.24 4,225.24 4,225.24 0.960 0.947 0.960 1 First American Treasury 3,438.43 3,438.43 3,438.43 0.960 0.947 0.960 1 First American Treasury 09/02/2008 415.75 415.75 415.75 0.860 0.848 0.860 1 First American Treasury 745.63 745.63 745.63 0.960 0.947 0.960 1 First American Treasury 367.20 367.20 367.20 0.960 0.947 0.960 1 First American Treasury 88.72 88.72 88.72 1.050 1.036 1.050 1 First American Treasury 146,987.46 146,987.46 146,987.46 0.960 0.947 0.960 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 874.12 874.12 874.12 0.960 0.947 0.960 1 First American Treasury 0.15 0.15 0.15 0.960 0.947 0.960 1 First American Treasury 09/05/2008 32,583.62 32,583.62 32,583.62 0.960 0.947 0.960 1 First American Treasury 92.91 92.91 92.91 0.960 0.947 0.960 1 First American Treasury 11,352.42 11,352.42 11,352.42 0.960 0.947 0.960 1 First American Treasury 4,067.42 4,067.42 4,067.42 0.960 0.947 0.960 1 First American Treasury 1,879.43 1,879.43 1,879.43 0.960 0.947 0.960 1 First American Treasury 5,737.89 5,737.89 5,737.89 0.960 0.947 0.960 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 871.31 871.31 871.31 0.960 0.947 0.960 1 First American Treasury 291.88 291.88 291.88 0.970 0.957 0.970 1 First American Treasury 206.21 206.21 206.21 0.960 0.947 0.960 1 First American Treasury 2,779.69 2,779.69 2,779.69 0.960 0.947 0.960 1 First American Treasury 07/01/2007 41,541.90 41,541.90 41,541.90 0.960 0.947 0.960 1 Portfolio TEME CP PM (PRF_PM2) SyrnRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2008 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216009 CITY COP COS First American Treasury 03/13/2008 0. 00 0. 00 0.00 0.960 0.947 0.960 1 122216003 CITY COP RES First American Treasury 03/13/2008 541. 58 541. 58 541.58 0.960 0.947 0.960 1 122216000 COP CIPLPF First American Treasury 08/01/2008 41,059. 54 41,059. 54 41,059.54 0.960 0.947 0.960 1 94434161 RDA 02 PRIN First American Treasury 07/24/2008 143. 84 143. 84 143.84 0.960 0.947 0.960 1 107886000 RDA 06 A INT First American Treasury 200. 23 200. 23 20023 0.960 0.947 0.960 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 1,350. 80 1,350. 80 1,350.80 0.960 0.947 0.960 1 107886018 RDA 06 CIP B First American Treasury 6,818. 09 6,818. 09 6,818.09 0.960 0.947 0.960 1 107886016 RDA 06 RES B First American Treasury 1,595. 14 1,595. 14 1,595.14 0.960 0.947 0.960 1 107886030 RDA 07 CAP I First American Treasury 11/01/2007 90. 48 90. 48 90.48 0.960 0.947 0.960 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 454. 38 454. 38 454.38 0.960 0.947 0.960 1 107886020 RDA 07 INT First American Treasury 07/01/2008 25. 16 25. 16 25.16 0.960 0.947 0.960 1 107886028 RDA 07 PROJE First American Treasury 11/01/2007 17,313. 28 17,313. 28 17,313.28 0.960 0.947 0.960 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 91. 37 91. 37 91.37 0.960 0.947 0.960 1 94434160 RDA TABS INT First American Treasury 217. 75 217. 75 217.75 0.960 0.947 0.960 1 94432360 TCSD COPs IN First American Treasury 70. 56 70. 56 70.56 0.960 0.947 0.960 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 07/01/2007 42,071,791. 82 42,071,791. 82 42,071,791.82 2.774 2.736 2.774 1 793593009.1 03.2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,528,430. 40 1,528,430. 40 1,528,430.40 2.774 2.736 2.774 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,175,957. 81 1,175,957. 81 1,175,957.81 2.774 2.736 2.774 1 793593010.1 03.2-1 PW AD CA Local Agency Investment Fun 07/01/2007 672,799. 05 672,799. 05 672,799.05 2.774 2.736 2.774 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,528,305. 54 3,528,305. 54 3,528,305.54 2.774 2.736 2.774 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13/2008 22,881,413. 67 22,881,413. 67 22,881,413.67 2.774 2.736 2.774 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 804,408. 81 804,408. 81 804,408.81 2.774 2.736 2.774 1 107886008.1 RDA 06 CIP-1 CA Local Agency Investment Fun 15,463,428. 72 15,463,428. 72 15,463,428.72 2.774 2.736 2.774 1 1 0788601 8-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,999,415. 65 2,999,415. 65 2,999,415.65 2.774 2.736 2.774 1 107886030.1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01/2007 472,587. 03 472,587. 03 472,587.03 2.774 2.736 2.774 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01/2007 4,176,506. 23 4,176,506. 23 4,176,506.23 2.774 2.736 2.774 1 107886028.1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2007 10,081,526. 49 10,081,526. 49 10,081,526.49 2.774 2.736 2.774 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01/2007 839,901. 60 839,901. 60 839,901.60 2.774 2.736 2.774 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 Subtotal and Average 107,281,568.63 107,417,040 .98 107,417,040. 98 107,417,040.98 2.724 2.762 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 Portfolio TEME CID Run Date: 11 /25/200 8 - 11 06 PM (PRF_PM 2) SyrnRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2008 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Local Agency In vestment Funds 94669911.1 03.1 ACQ A2 CA Local Agency Investment Fun 1,485,566.82 1,485,566.82 1,485,566.82 2.774 2.736 2.774 1 94669921-1 03-1 ACQ e2 CA Local Agency Investment Fun 3,798,805.77 3,798,805.77 3,798,805.77 2.774 2.736 2.774 1 744727011.1 03.3 ACQ 2 CA Local Agency Investment Fun 3,800,380.16 3,800,380.16 3,800,380.16 2.774 2.736 2.774 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 1,906,174.13 1,906,174.13 1,906,174.13 2.774 2.736 2.774 1 744727009.1 03.3 EMI ND 2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.779 2.741 2.779 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 508,758.75 508,758.75 508,758.75 2.774 2.736 2.774 1 SYSCITY CITY CA Local Agency Investment Fun 10,026,629.47 10,017,983.47 10,026,629.47 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 9,899,070.00 9,890,533.99 9,899,070.00 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,658,822.50 9,650,493.66 9,658,822.50 2.894 2.854 2.894 1 Subtotal and Average 4 1,197,736.03 41,084,207.60 41,058,696.75 41,0845207.60 2.821 2.860 1 Commercial Paper - Interest Bearing 104348006.3 01.2 RES A 2 American International Group M 09/05/2008 447,500.00 441,995.75 447,500.00 3.310 3.310 3.356 121 03/0222009 104348016-2 01-2 RES B 2 American International Group M 09/05/2008 206,000.00 203,466.20 206,000.00 3.310 3.310 3.356 121 03/0212009 104348000.3 01.2 SP TX 3 American International Group M 09/05.12008 81,600.00 80,596.32 81,600.00 3.310 3.310 3.356 121 03/02/2009 94669916-3 03-1 RES B 3 American International Group M 09/05/2008 226,550.00 223,763.44 226,550.00 3.310 3.310 3.356 121 03/0212009 94669900.3 03.1 SP TX 3 American International Group M 09/05/2008 162,700.00 160,698.79 162,700.00 3.310 3.310 3.356 121 03/0222009 793593016-3 03-2 LOC-3 American International Group M 09/05/2008 3,504,400.00 3,461,295.88 3,504,400.00 3.310 3.310 3.356 121 03/0212009 793593000.2 03.2 SP TX 2 American International Group M 09/05/2008 130,100.00 128,499.77 130,100.00 3.310 3.310 3.356 121 03/0212009 744727000-3 03-3 SP TX 3 American International Group M 09/05/2008 40,750.00 40,248.78 40,750.00 3.310 3.310 3.356 121 03/0212009 94686006.3 03.4 RES 3 American International Group M 09/05/2008 93,300.00 92,152.41 93,300.00 3.310 3.310 3.356 121 03/0222009 786776006-3 03-6 RES 3 American International Group M 09/05/2008 343,100.00 338,879.87 343,100.00 3.310 3.310 3.356 121 03/0212009 Subtotal and Average 5,236,000.00 5,2365000.00 5,171,597.21 5,236,000.00 3.310 3.356 121 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,016,250.00 1,000,000.00 5.000 4.932 5.000 1,427 09/28/2012 31331YSC5 01085 Federal Farm Credit Bank 02JO612008 2,000,000.00 1,983,760.00 2,000,000.00 3.590 3.541 3.590 1,192 0210612012 31331YQX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 1,994,380.00 2,000,000.00 3.000 2.959 3.000 467 02/11/2010 31331YTS9 01087 Federal Farm Credit Bank 02214/2008 2,000,000.00 1,961,260.00 2,000,000.00 3.750 3.699 3.750 1,563 02/11/2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 990,940.00 1,000,000.00 3.150 3.107 3.150 873 03/24/2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 1,995,000.00 2,000,000.00 4.150 4.093 4.150 1,318 06/11/2012 31331Y2176 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,010,620.00 2,000,000.00 4.230 4.172 4.230 971 06/30/2011 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,002,500.00 1,000,000.00 3.950 3.896 3.950 986 07115/2011 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 3.300 634 07/28/2010 31331Y41-10 01107 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,002,500.00 1,000,000.00 3.750 3.699 3.750 999 07128/2011 31331Y5N6 01112 Federal Farm Credit Bank 08/20/2008 1,000,000.00 1,005,000.00 1,000,000.00 4.250 4.192 4.250 1,388 08/20/2012 31331Y5J5* 01113 Federal Farm Credit Bank 08/21/2008 1,000,000.00 1,005,630.00 1,000,000.00 4.020 3.965 4.020 1,207 02/21/2012 Portfolio TEME CID Run Date: 11 /25/200 8 - 11 06 PM (PRF_PM 2) SyrnRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2008 Page 5 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM Days to Maturity 365 Maturity Date Federal Agency Callable Securities 31331Y5T3 01115 Federal Farm Credit Bank 08111/2008 1,000,000.00 1,003,130.00 1,000,000.00 4.000 3.945 4.000 1,013 08/11/2011 31331 Y5V8 01117 Federal Farm Credit Bank 08/26/2008 1,000,000.00 996,250.00 1,000,000.00 4.400 4.340 4.400 1,759 08/26/2013 31331GAP4 01122 Federal Farm Credit Bank 09/04/2008 1,000,000.00 1,003,130.00 1,000,000.00 4.250 4.192 4.250 1,403 09./04/2012 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,022,190.00 1,000,000.00 5.650 5.573 5.650 1,367 07/30/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,017,500.00 2,000,000.00 5.330 5.256 5.329 1,221 03/06/2012 3133XM5R8 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,014,060.00 1,000,000.00 5.080 5.011 5.080 1,028 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,019,380.00 1,000,000.00 5.220 5.135 5.206 1,396 08.128/2012 3133XQEF5 01089 Federal Home Loan Bank 04/02/2008 1,000,000.00 999,380.00 1,000,000.00 3.800 3.748 3.800 1,248 04/02/2012 3133XQY48 01093 Federal Home Loan Bank 04/28/2008 1,000,000.00 1,000,630.00 1,000,000.00 3.600 3.551 3.600 1,091 10/28/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,008,750.00 1,000,000.00 4.050 3.993 4.049 1,178 01/23/2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,005,310.00 1,000,000.00 4.000 3.946 4.001 1,276 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,007,810.00 1,000,000.00 4.220 4.162 4.220 1,367 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,006,560.00 1,000,000.00 4.125 4.068 4.125 1,014 08/1222011 3133XRXX3 01116 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,002,190.00 1,000,000.00 4.070 4.014 4.070 1,388 08/20/2012 3133XRYN4 01118 Federal Home Loan Bank 08/20.12008 1,000,000.00 1,000,940.00 1,000,000.00 3.375 3.329 3.375 657 08/20/2010 3133XRZN3 01119 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,005,310.00 999,750.00 4.000 3.953 4.008 1,213 02/27/2012 3133XS2J6 01120 Federal Home Loan Bank 08/27/2008 1,000,000.00 998,130.00 1,000,000.00 3.375 3.329 3.375 664 08/27/2010 3133XS3A4 01121 Federal Home Loan Bank 08/28/2008 1,000,000.00 1,002,500.00 1,000,000.00 3.625 3.559 3.609 849 02/28/2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,012,190.00 1,000,000.00 5.250 5.178 5.250 1,262 04/16/2012 3128X6RP3 01082 Federal Home Loan Mtg Corp 11/28/2007 1,400,000.00 1,401,428.00 1,400,000.00 4.600 4.537 4.600 755 11/26/2010 3128X61-61 01084 Federal Home Loan Mtg Corp 02204/2008 2,000,000.00 1,977,380.00 2,000,000.00 4.000 3.945 4.000 1,556 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2008 2,000,000.00 2,007,180.00 2,000,000.00 4.000 3.945 4.000 1,311 06/04/2012 3136F8TE5 01078 Federal National Mtg Assn 10/15/2007 1,000,000.00 1,004,380.00 1,000,000.00 5.002 4.936 5.005 986 07/15/2011 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 1,978,120.00 2,000,000.00 4.000 3.945 4.000 1,591 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 990,000.00 1,000,000.00 4.000 3.945 4.000 1,607 03/27/2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 995,310.00 1,000,000.00 3.000 2.959 3.000 545 04/30/2010 3136F9UF8 01097 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,004,380.00 1,000,000.00 3.600 3.551 3.600 783 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,005,940.00 997,187.50 4.000 4.044 4.101 965 06/24/2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2008 1,000,000.00 1,007,810.00 1,000,000.00 4.000 3.945 4.000 608 07/02/2010 3136F9YW7 01108 Federal National Mtg Assn 08/05/2008 1,000,000.00 1,006,250.00 1,000,000.00 4.000 3.945 4.000 1,007 08/05/2011 31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.300 5.227 5.300 1,283 05/07/2012 Subtotal and Average 53,203,389.11 52,400,000.00 52,471,668.00 52,396,937.50 4.047 4.104 1,143 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,025,940.00 1,000,000.00 5.000 4.934 5.002 571 05/26/2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 1,961,260.00 1,993,700.00 2.630 2.703 2.740 901 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,000,630.00 998,140.00 3.500 3.514 3.563 1,066 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,003,750.00 999,000.00 3.625 3.610 3.661 986 07/15/2011 Portfolio TEME CP Run Date: 11/25/2008 - 11:06 PM (PRF_PM2) SyrnRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2008 Page 6 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,005,000.00 998,570.00 3.625 3.626 3.676 972 07/01/2011 3133XSDC9 01123 Federal Home Loan Bank 10/02/2008 2,000,000.00 2,003,760.00 2,000,000.00 3.250 3.250 3.295 93 02/0212009 313385CN4 03.1 RES A 3 Federal Home Loan Bank 09/25/2008 879,000.00 866,191.99 866,191.99 3.410 6.757 6.851 121 03/02/2009 313384591 RDA 06 RESB2 Federal Home Loan Bank 09/05/2008 203,000.00 201,576.46 201,576.46 2.630 5.197 5.270 41 12/1212008 3136F9ZU0 01114 Federal National Mtg Assn 08/18/2008 1,000,000.00 1,003,750.00 1,000,000.00 4.000 3.945 4.000 839 02/18/2011 Subtotal and Average 9,992,662.32 10,082,000.00 10,071,858.45 10,057,178.45 3.818 3.871 649 Investment Contracts 744727006.1 03.3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,434 08/31/2034 95453518-1 88-12 GEN IM IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,226 09/01/2017 95453516.1 88.12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,226 09/01/2017 Subtotal and Average 4,202,588.76 4,202,588.76 4,202,588.76 4,202,588.76 4.191 4.250 6,433 Total and Average 226,140,671.84 221,295,823.87 221,267,436.68 221,267,939.82 3.158 3202 429 Run Date: 11/25!2008 - 1106 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash October 31, 2008 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARNHART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 SYSAAA#1202 AAA#1202 COMMUNITY BANK 08/29/2008 162,965.06 162,965.06 162,965.06 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFlex Ck Aoct Flex Ck Aoct Union Bank of California 07/01/2007 14,500.26 14,500.26 14,500.26 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2007 3,463,323.52 3,463,323.52 3,463,323.52 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 19,350.50 19,350.50 19,350.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 2,493.20 2,493.20 1 Subtotal 3,665,442.54 3,665,442.54 Total Cash and Investments 226,140,671.84 Run Date: 11/25!2008 - 1106 224,958,773.21 224,932,879.22 224,933,382.36 3.158 3.202 429 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA As of October 31, 2008 Fund Total GENERAL FUND $ 42,055,824.92 STATE GAS TAX FUND 130,475.85 STATE TRANSPORTATION FUND 246,791.75 DEVELOPMENT IMPACT FUND 4,051,396.11 COMMUNITY DEV BLOCK GRANT 43,916.00 AB 2766 FUND 470,237.04 RDA AFFORDABLE HOUSING 20% SET ASIDE 8,961,732.80 MEASURE A FUND 8,305,711.29 TEMECULA COMMUNITY SERVICES DISTRICT 528,997.19 TCSD SERVICE LEVEL "B" STREET LIGHTS 23,374.26 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 122,003.81 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 26,310.48 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 39,296.83 TCSD SERVICE LEVEL "L" LAKE PARK MAI NT. 183,227.64 TEMECULA LIBRARY FUND 2,107,350.61 CAPITAL IMPROVEMENT PROJECT FUND 41,870,411.49 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND 256,905.41 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 5,303,738.99 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 5,854,416.02 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 509,630.06 CFD-RO RI PAUG H 44, 875, 783.17 REDEVELOPMENT AGENCY - CIP PROJECT 20,559,474.62 INSURANCE FUND 1,627,533.69 VEHICLES FUND 718,133.39 INFORMATION SYSTEMS 572,961.90 SUPPORT SERVICES 331,548.09 FACILITIES 140, 254.90 CITY 2008 COP'S DEBT SERVICE 846,224.04 RDA DEBT SERVICE FUND 17,322,407.31 TCSD 2001 COP'S DEBT SERVICE 12,969.88 CFD 88-12 DEBT SERVICE FUND 3,500,481.98 CFD 01-2 HARVESTON A&B DEBT SERVICE 741,625.16 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,284,180.07 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 114,146.52 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,534,975.28 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 351,601.74 CFD- RORIPAUGH 8,212,492.38 CERBT CALIFORNIA EE RETIREE-GASB45 94,336.55 Grand Total: $ 224,932,879.22 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: Financial Statements for the Three Months Ended September 30, 2008 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: The City Council Receive and file the Financial Statements for the Three Months Ended September 30, 2008. 2. Approve a transfer of $591,000 in Development Impact Fee from Murrieta Creek Bridge and Overland Drive Extension to Diaz to Main Street Bridge project. 3. Approve a transfer of $63,500 of Capital Reserve fund from Localized Drain Storm to the Western Bypass project. BACKGROUND: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30, 2008. Please see the attached financial statements for an analytical review of financial activity. The Development Impact Fee transfer is necessary because the Highway Bridge Replacement & Rehabilitation (HBRR) grant which partially funds the Main Street Bridge Replacement project will not be available until the project is in construction. The Capital Project Reserves transfer associated with the Western Bypass Corridor Alignment Study, which is primarily funded with TUMF funds, is needed to cover City administrative expenses not eligible for TUMF reimbursement and provide adequate City funds required for the 25% match spelled out in the TUMF agreement for that project. Additionally, since the State budget was approved subsequent to the adoption of the City's 2008/2009, certain revenues allocated by the State to the City were not known during preparation of the City's 2008/2009 budget. As part of adoption of the State budget, the City is expected to receive and additional $898,173 of Proposition 42 Local Streets and Roads allocation and an additional $60,904 of Citizens Option for Public Safety (COPS). Staff will return to City Council during the 2008/2009 Mid Year budget process to recommend the necessary budgetary actions to consider these additional revenues and related expenditures adjustments. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2008 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2008 Combining Statement of Net Assets (Internal Service Funds) as of September 30, 2008, and Combining Statement of Revenues, Expenses and Changes in Net Assets (Internal Service Funds) for the three months ended September 30, 2008. CITY OF TEMECULA Combining Balance Sheet as of September 30, 2008 and Statement of Revenues, Expenditures and Changes in Fund Balance for the Three months Ended September 30, 2008 and Combining Statement of Net Assets (Internal Service Funds) as of September 30, 2008, and Combining Statement of Revenues, Expenses and Changes in Net Assets for the Three Months Ended September 30, 2008 (Unaudited) Prepared by the Finance Department CITY OF TEMECULA Combining Balance Sheet As of September 30, 2008 Assets: Cash and Investments Receivables Due from Other Funds Advances to Other Funds Deposits Inventory Total Assets Liabilities and Fund Balances: Liabilities: Due to Other Funds Other Current Liabilities Deferred Revenue Total Liabilities Fund Balances: Reserved Designated Undesignated Total Fund Balances Total Liabilities and Fund Balances NOTE: These Balances are Unaudited General Gas Tax State Trans Dev Impact CDBG AB 2766 Fund Fund Fund Fund Fund Fund $45,517,952 $3,645,185 $468,728 5,468,808 $130,476 $246,794 34,829 $124,217 4,465 375,302 1,903,333 1,325 3,088 $53,269,808 $130,476 $246,794 $3,680,014 $124,217 $473,193 $130,476 654,501 $124,217 $11,242,592 $17,659 1,323,650 12, 566,242 130,476 672,160 124,217 2,021,686 34,644,929 $246,794 3,007,854 $473,193 4,036,951 40,703,566 246,794 3,007,854 473,193 $53,269,808 $130,476 $246,794 $3,680,014 $124,217 $473,193 1 CITY OF TEMECULA Combining Balance Sheet As of September 30, 2008 Assets: Cash and Investments Receivables Due from Other Funds Advances to Other Funds Deposits Inventory Total Assets Liabilities and Fund Balances: Liabilities: Due to Other Funds Other Current Liabilities Deferred Revenue Total Liabilities Fund Balances: Reserved Designated Undesignated Total Fund Balances Total Liabilities and Fund Balances NOTE: These Balances are Unaudited AB 3229 Measure A CIP Debt Service Fund Fund Fund Fund TOTAL $7,934,795 $41,441,603 $840,595 $99,848,858 678,993 1,336,000 8,024,582 375,302 1,903,333 1,325 3,088 $8,613,788 $42,777,603 $840,595 $110,156,488 $1,326,075 1,326,075 $909,194 12,586,326 1,323,650 14,819,170 $840,595 2,862,281 $8,613,788 41,451,528 88,438,086 4,036,951 8,613,788 41,451,528 840,595 95,337,318 $8,613,788 $42,777,603 $840,595 $110,156,488 2 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund for the Three Months Ended September 30, 200& Annual Percent Amended Total of Budget Activity Budget REVENUES: Sales Tax - State $21,530,000 $4,524,687 21% Sales Tax - Triple Flip 7,040,000 0% Developmental Services: Planning 739,158 140,434 19% Building & Safety 1,531,639 367,356 24% Land Development 372,334 299,979 81% Police 717,329 143,768 20% Fire 818,118 166,348 20% Motor Vehicle In Lieu - State 971,000 126,894 13% Motor Vehicle In Lieu - Triple Flip 6,910,000 0% Homeowner Property Tax Relief 78,000 383 0% Property Tax 6,308,000 332,607 5% Property Transfer Tax 505,000 140,158 28% Franchise Fees 3,178,000 706,436 22% Transient Occupancy Tax 2,808,000 574,460 20% Prop 1B 825,217 825,218 100% Reimbursements - Financing 192,500 48,125 25% Reimbursements - Other 37,000 44,498 Reimbursements -Indian Gaming 2,000,000 Reimbursements from RDA 110,000 27,500 25% Reimbursements from CIP 2,552,594 375,597 15% Investment Interest 1,690,000 424,429 25% Business Licenses 318,500 23,290 7% Vehicle Code Fines 812,000 196,824 24% Miscellaneous 90,000 67,366 75% Operating Transfers In 1,877,500 421,869 22% TOTAL REVENUES $64,011,889 $9,978,226 16% NOTES - Revenues: 1) The variance in Sales & Use Tax is primarily due to continued State-wide economic downturn. 2) Property taxes and "triple flip" revenues are scheduled to be received in January 09 and May 09. 3) Annual AB1600 Motor Vehicle In Lieu payment for Redhawk annexation is expected to be received in June 09. 4) Prop 1B funds have all been received as of September 30, 2008. 5) The Indian gaming monies have not been received yet. 6) The variance is primarily due to a decrease in the amount of billable hours charged to CIP projects. 7) Business License renewals will begin in December 08 and January 09. (1) (2) (3) (2) (2) (2) (4) (5) (6) (7) 3 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2008 Annual YTD Percent Amended YTD Activity & of Budget Activity Encumbrances Encumbrances Budget Expenditures: City Council $449,860 $105,440 $12,301 $117,741 26% Community Support 251,400 34,378 4,398 38,776 15% City Manager 1,286,962 296,637 69,233 365,870 28% Economic Development 1,084,812 181,897 29,488 211,385 19% City Clerk 1,186,114 270,505 19,277 289,782 24% City Attorney 721,300 267,139 267,139 37% Finance 2,313,495 520,450 23,088 543,538 23% Human Resources 689,791 167,643 64,670 232,313 34% Planning 3,310,551 734,273 274,795 1,009,068 30% Building & Safety 3,213,885 712,122 180,056 892,178 28% Land Development 1,711,927 421,042 26,828 447,870 26% Public Works 6,964,974 1,632,892 921,490 2,554,382 37% CIP Administration 3,003,052 719,384 9,272 728,656 24% Police 21,587,095 3,797,642 307,965 4,105,607 19% Fire 4,734,913 800,201 79,683 879,884 19% Animal Control 175,000 33,615 33,615 19% Non-Departmental 10,277,639 2,768,741 2,768,741 27% Total Expenditures (Excluding Transfers) 62,962,770 13,464,001 2,022,544 15,486,545 25% Revenues Over/(Under) Expenditures 1,049,119 (3,485,775) Other Financing Sources (uses): Transfers Out (24,814,797) (537,000) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (23,765,678) (4,022,775) Beginning Fund Balance, July 1, 2008 44,723,341 44,723,341 Ending Fund Balance, September 30, 2008 $20,957,663 $40,700,566 NOTES - Expenditures: 8) The variance in City Attorney is due to increasing activities in legal services during this quarter. 9) The valiance is due to encumbrances that are recorded this quarter for the remainder of this fiscal year. (8) (9) 4 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Three Months Ended September 30, 2008 Revenues: Section 2105-2107 Investment Interest Total Revenues Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources(uses) Beginning Fund Balance, July 1, 2008 Ending Fund Balance, September 30, 2008 Annual Amended Total Percent Budget Activity of Budget $1,777,500 $399,992 23% (1) 1,777,500 399,992 23% (1,777,500) (400,433) 23% (1) (441) NA Al a' AA, $441 Notes: 1) The variance is due to a decrease in the consumption of gasoline and fuel compared to prior year. 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Three Months Ended September 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Traffic Congestion Relief Investment Interest Total Revenues Other Financing Sources (uses): Transfers Out $246,794 (1) 246,794 Revenues Over/(Under) Other Financing Sources (uses) 246,794 Beginning Fund Balance, July 1, 2008 Ending Fund Balance, September 30, 2008 $246,794 Notes: 1) Revenues were not expected to be received fi-om State during FY08/09 budget process. State allocated monies to cities upon adoption of the State budget in Sept. 08. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund Forthe Threee Months Ended September 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Open Space $30,755 $6,815 22% Investment interest 33,921 Quimby 62,835 Street improvements 3,264,553 597,489 18% Traffic signals 466,021 85,518 18% Parks 105,514 22,350 21% Corporate facilities 208,049 55,627 27% Fire protection 121,959 28,868 24% Library 38,574 17,742 46% Public Art 16,161 61,028 378% Police 94,277 17,713 19% Total Revenues 4,408,698 927,071 21% (1) Other Financing Sources(uses): Transfers Out (7,131,576) (673,061) 9% (2) Revenues Over/(Under) Other Financings Sources (uses) (2,722,878) 254,010 Beginning Fund Balance, July 1, 2008 2,753,844 2,753,844 Ending Fund Balance, September 30, 2008 $30,966 $3,007,854 Notes: 1) The variance in revenues is due to a continued decline in building activity for residential and timing of planned commercial developments. 2) The variance in expenditures is due to Capital Improvements Projects funded with DIF that have started but not yet completed during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Three Months Ended September 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: Grant Revenue $2,493,839 $7,815 0% (1) Total Revenues 2,493,839 7,815 0% Expenditures: Other Outside Services 59,267 Total Expenditures 59,267 Revenues Over/(Under) Expenditures 2,434,572 7,815 Other Financing Sources(uses): Transfers Out Revenues Over/(Under) and Other Financing Sources(uses): Beginning Fund Balance, July 1, 2008 Ending Fund Balance, September 30, 2008 (2,434,572) (7,815) (1) Notes: 1) The Temecula Community Center Expansion is in early stages of construction. Revenues are based on reimbursements directly related to current eligible project expenditures. 8 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund Forthe Three Months Ended September 30, 2008 Annual Amended Total Percent Budget Activity of Budget Revenues: AB 2766 $116,000 (1) Investment Interest 4,355 Total Revenues 116,000 4,355 4% Expenditures: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources (uses): TrarLsfers Out Revenues Over/(Under) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 116,000 4,355 (640,627) (60,000) (524,627) (55,645) 528,838 528,838 $4,211 $473,193 (2) Notes: 1) The first quarterly payments fiom South Coast Air Quality is not scheduled to be received until December. 2) The Alternative Fueling Station and Temecula. Park and Ride Projects budgeted in this fund have not yet started. 9 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPS For the Three Months Ended September 30, 2008 Revenues: Investment Interest AB 3229 - COPS Total Revenues Expenditures: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources(uses): Transfers Oat Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 Annual Amended Total Percent Budget Activity of Budget $100,000 5,997 6% (1) 100,000 5,997 6% 100,000 5,997 (100,000) (6,438) 6% (441) 441 441 $441 Notes: 1) Revenue fiom the State is not expected to be received until January of this fiscal year. 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Three Months Ended September 30, 2008 Revenues: Measure "A" Investment Interest Total Revenues Expenditures: Debt Service - Principal Debt Service - Interest Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources(uses) Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 Annual Amended Total Percent Budget Activity of Budget $3,161,000 $749,055 24% 69,735 3,161,000 818,790 26% 540,363 135,091 25% 25,037 6,417 26% 565,400 141,508 25% 2,595,600 677,282 (6,630,226) (263,4 70) 4% (4,034,626) 413,812 8,199,976 8,199,976 $4,165,350 $8,613,788 (1) Notes: 1) The Pavement Rehabilitation and French Valley Capital Improvement Projects budgeted with this Fund have not yet started during this quarter. 11 City of Temecula Statement of Revenues, Ex penditures and Changes in Fund Bala nce - Budget and Actual Ca pital Improvement Projects Fund For the Three Months Ended September 30, 2008 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget REVENUE: Operating Transfers In $93,970,713 $2,145,522 $2,145,522 2% Grants 12,573,547 1,106,926 1,106,926 9% Reimbursements 622,771 36,074 36,074 6% Reimbursements- TUMF 14,688,933 0 0% Investment interest 106,109 106,109 TOTAL REVENUES $121,855,964 $3,394,631 $3,394,631 3% (1) EXPENDITURES: Citywide Adaptive Traffic Light Synchronization 165-501 618,000 0 0% Meadows Parkway Bike Lane 165-502 265,380 0 0% Nicolas Valley Assessment District Liefer Road 165-504 250,000 0 0% Bike lane Improvements Citywide 165-507 50,000 0 0% Library Additional Parking 165-508 390,000 0 0% Open Space Acquisition Program 165-509 506,226 0 0% Murrieta Creek Bridge/Overland Extension to Diaz 165-602 878,902 20,044 $62,841 82,885 9% Abbott Corporation Roadway Improvements 165-620 750,000 0 0% Medians- City Wide 165-622 200,650 0 0% Diaz Road Realignment to Vincent Moraga Drive 165-632 8,333 1,000 7,333 8,333 100% Closed Caption TV Install SR79S Pechanga 165-635 87,668 35,280 35,280 40% Old Town Infrastructure-Mercedes/Main Sts. 165-636 2,174,691 378,768 1,533,674 1,912,442 88% Pechanga Parkway Dual Right Turn Lanes 165-637 425,256 5,380 1,350 6,730 2% Winchester Rd / SR 79 N Corridor Beautification 165-638 28,217 14,307 13,295 27,602 98% Alternative Fueling Station 165-639 150,000 0 0% Old Town Infrastructure Projects - Civic Plaza 165-643 1,983,487 330,831 1,548,538 1,879,369 95% Old Townlnfrastracture- ParkingStructure/O/R 165-644 17,775,187 65,438 368,904 434,342 2% Old Town Infrastructure - Relocate/Grading/Demo. 165-645 807,080 346 17,734 18,080 2% Old Town Infrastructure - Underground Utilities 165-646 2,083,462 100,567 46,951 147,518 7% Pavement Rehabilitation Program- Citywide 165-655 3,000,000 40,472 27,436 67,908 2% Pavement Rehabilitation - De Portola Road 165-656 1,960,398 32,322 43,801 76,123 4% Pavement Rehabilitation-STPL Project 165-657 2,838,860 45,416 1,442 46,858 2% Western Bypass Bridge Over Murrieta Creek 165-660 1,359,320 8,500 544,198 552,698 41% I-15 / 79S Interchange-Ultimate 165-662 2,813,705 6,393 47,129 53,522 2% Santiago Detention Basin 165-666 66,227 13,198 29,638 42,836 65% Pechanga Parkway Improvements 165-668 10,797,320 1,226,784 7,983,985 9,210,769 85% Signals- Butterfield Stage @ Welton 165-669 239,157 261 1,158 1,419 1% NOTES: 1) The variance is primarily due to several major Capital Improvement Projects funded where expenditures eligible for reimbursement have not been reimbursement have not been expended yet. 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund for the Three Months Ended September 30, 2008 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Expenditures: Flashing Beacons 165-670 20,000 0 0% Temecula City Entry Monumentation 165-671 114,000 0 0% Signals- Meadows at McCabe 165-672 231,517 641 1,138 1,779 1% Signals-Rancho Cal@ Business Park West 165-673 5,930 5,930 5,930 100% Highway 79 South Stripping I-15 Pechanga 165-676 149,328 9,379 410 9,789 7% Temecula Creek Crossing Highway 79 South 165-677 132,424 36,236 53,661 89,897 68% Traffic Signal Equipment Installation 165=712 344,986 0 0% Localized Storm Drain Improvements-Various 165-715 362,500 French Valley Prkwy I-15 Overcrossing Improvement 165-719 362,815 6,155 123,633 129,788 36% Butterfield Stage Rd. Extension 165-723 24,040,788 26,465 26,465 0% French Valley Parkway I-15 Overcrossing 165-726 15,939,971 112,861 1,219,752 1,332,613 8% Fire Station Wolf Creek 165-733 58,475 58,475 58,475 100% Munieta Creek Improvements 165-735 150,000 0 0% Pedestrian Bicycle Bridge SantaGertrudis/CHS 165-738 760,652 13,314 102,713 116,027 15% Santa Gertrudis Creek Pedestrian Trail 165-739 467,531 4,807 4,807 1% Fire Station Roripaugh Ranch 165-741 622,172 12,486 325,846 338,332 54% Maintenance Facility Expansion/FOC 165-742 1,128 1,128 1,128 100% Main Street Bridge Over MunietaCreek Replace 165-743 959,101 121,010 160,085 281,095 29% Long Canyon Detention Basin 165-746 245,258 292 292 0% Temecula Park & Ride 165-747 422,518 13,945 24,574 38,519 9% Old Town Civic Center-Phase II 165-751 48,745,262 267,852 1,491,450 1,759,302 4% Roller Hockey Rink 190-137 243,731 220,079 882 220,961 91% Murrieta Creek Multi-Purpose Trail 190-142 1,345,260 526,994 581,577 1,108,571 82% Redhawk Park Improvements 190-144 1,267,461 19,735 103,348 123,083 10% Play Structure Retrofit at Various Parks 190-179 60,000 0 0% Old Town Gymnasium 190-186 371,932 969 333,875 334,844 90% Ronald Reagan Sports Channel Silt Desilting 190-187 308,110 17,313 3,677 20,990 7% Veterans Memorial Pavers II 190-189 53,000 7,440 22,457 29,897 56% Roripaugh Rancho Open Space Trails 190-195 115,126 3,317 10,100 13,417 12% Temecula Community Center Expansion 190-197 2,286,113 23,273 65,781 89,054 4% Developer Reimbursement Serena Hills 190-200 265,815 0 0% Temecula Children's Museum Refurbish 190-675 232,109 1,000 1,000 0% Library 199-129 56,122 56,122 56,122 100% TOTAL EXPENDITURES 153,248,660 3,734,298 17,062,593 20,796,891 14% (2) Revenues Over/(Under) Expenditures (31,392,696) (339,667) Begiruiing Fund Balance, July 1, 2008 41,791,195 41,791,195 Ending Fund Balance, September 30, 2008 $10,398,499 $41,451,528 NOTES: 2) The variances in the Capital Improvement Fund expenditures are du e to the timing of when the various projects are actua lly started and costs are incurred. 13 City of Temecula Certificates of Participation Debt Service Fund- 2008 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 Revenues: Investment interest Transfer In Total Revenues Expenditures: Debt service - Financing Total Expenditures Revenues Over/(Under) Expenditures Annual Amended YTD Percent Budget Activity of Budget $371 $1,114,916 537,000 1,114,916 537,371 1,114,916 536,786 1,114,916 536,786 585 48% (1) 48% 48% (2) 48% 100% Beginning Fund Balance, July 1, 2008 840,010 840,010 Ending Fund Balance, Sept 30, 2008 $840,010 $840,595 Notes: 1) The variance is due to timing of Transfer In during this quarter. 2) The Debt Service interest is due and payable in September of this fiscal year. 14 City of Temecula Internal Service Funds Combining Statement of Net Assets As of September 30, 2008 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total ASSETS: Cash and investments $1,611,291 $752,047 $897,016 $358,678 $220,628 $3,839,660 Receivables 14,275 6,251 14,714 2,679 1,463 39,382 Prepaid assets 140,398 140,398 Property, plant and equipment (net of 0 accumulated depreciation) 1,260,991 548,555 95,815 TOTAL ASSETS $1,765,964 $2,019,289 $1,460,285 $457,172 $222,091 $5,924,801 LIABILITIES AND NET ASSET'S: LIABILITIES: Current Liabilities $490,552 $9,368 $238,013 $16,784 $76,187 $830,904 Capital Leases Payable 144,188 144,188 TOTAL LIABILITIES 490,552 9,368 238,013 160,972 76,187 975,092 NET ASSETS: TOTAL NET ASSETS $1,275,412 $2,009,921 $1,222,272 $296,200 $145,904 $4,949,709 NOTE: These balances are unaudited. 15 City of Temecula Combining Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds For the Three Months Ended September 30, 2008 REVENUES: Investment Interest Charges for Services TOTAL REVENUES EXPENSES: Salaries & Wages Operating Expenses Interest Depreciation TOTAL EXPENSES Revenues Over/(Under) Expenses Net Assets, July 1, 2008 Net Assets, September 30, 2008 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total $13,087 $6,112 $5,302 $2,619 $889 $28,009 129,006 82,139 589,926 67,535 195,197 1,063,803 142,093 88,251 595,228 70,154 196,086 1,091,812 14,526 343,164 41,048 104,669 503,407 127,875 179,747 13,576 83,921 405,119 2,493 2,493 80,355 68,640 7,596 156,591 142,401 80,355 591,551 64,713 188,590 1,067,610 (308) 7,896 3,677 5,441 7,496 24,202 1,275,720 2,002,025 1,218,595 290,759 138,408 4,925,507 $1,275,412 $2,009,921 $1,222,272 $296,200 $145,904 $4,949,709 16 City of Temecula CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Statement of Net Assets Fiduciary Fund As of September 30, 2008 ASSETS: Cash and Investments TOTAL ASSETS LIABILITIES: Accounts Payable TOTAL LIABILITIES NET ASSETS: Held in Trust for Retiree Benefits TOTAL NET ASSETS NOTE: These balances are unaudited. CERBT Fund $3,05 8,397 $3,058,397 $1,904 1,904 $3,056,493 17 City of Temecula Statement of Changes in Fiduciary Net Assets CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND Fiduciary Fund For the Three Months Ended September 30, 2008 CERBT Fund ADDITIONS Contributions : Employer 95,159 Total Contributions DEDUCTIONS Benefits 95,159 325,791 Total Deductions 325,791 Total Additions (230,632) Net Assets, July 1, 2008 3,287,125 Net Assets, Sept 30, 2008 $3,056,493 18 ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: 2008-09 Community Service Funding Program PREPARED BY: Judith M. McNabb, Administrative Assistant RECOMMENDATION: That the City Council review and approve the 2008-09 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $32,200 to 19 organizations. BACKGROUND: Community Service Funding Program applications were mailed to approximately 100 non-profit organizations in the Temecula Valley area. Applications were sent to community-based organizations that were in the City's database from the last distribution period, as well as those organizations that called or stopped by City Hall requesting an application. In addition to the mailing, advertisements were placed in the local newspapers and the application and guidelines were posted on the City's website. A total of 60 organizations submitted applications requesting $275,036.33 in grant funding. The Ad Hoc Subcommittee, along with Staff Members, reviewed the requests for funding based on criteria previously adopted by the entire City Council. After review and discussion, the Ad Hoc Subcommittee recommends 19 of the 60 organizations receive grants as outlined on the attached spreadsheet, totaling $32,200. The City Council appointed Mayor Mike Naggar and Mayor Pro Tern Maryann Edwards to the 2008- 09 Community Service Funding Ad Hoc Subcommittee to allocate grant funds to non-profit organizations that provide community services to the citizens of Temecula. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2008-09 Community Service Funding line item budget to fund these grants. ATTACHMENTS: FY 2008-09 Community Service Funding Program Ad Hoc Subcommittee Recommendation Spreadsheet FY 2008-09 Community Service Funding Program Ad Hoc Subcommittee Recommendations APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc Subcommittee Comments NO Award Request Recommendation AMERICAN RED CROSS - RIVERSIDE Services to Military Families - Kids Day & Baby- COUNTY CHAPTER Sitting Bootcamp $ - $ 5,000 $ - Angels at Work -provide basic services to 2 ANGELS AT HEART individuals battling cancer in Temecula Valley $ - $ 5,000 $ - ARTS COUNCIL OF TEMECULA Ralph Love Plein Air Competition and Auction - 3 VALLEY provides arts education and artistic opportunities $ - $ 5,000 $ - Building Maintenance - repair roof leaks, electrical, plumbing, keep heating and air- ASSISTANT LEAGUE OF TEMECULA conditioning operational, and update security 4 VALLEY system $ 5,000 i s 5,000 $ 2,500 Reaching out and providing blankets and binkies to needy children, including HIV-positive, drug- addicted, neglected, abused, or children 5 DINKY PATROL experiencing trauma $ - $ 1,200 $ 200 Birth Choice of Temecula, Inc. Pregnancy Resource Services for Community $ 5,000 $ - $ - Power Hour and Project Learn After School BOYS & GIRLS CLUB OF Program - goal is to enable young people to 6 SOUTHWEST COUNTY become high achieving students $ 5,000 $ 5,000 $ 1,000 BOY SCOUTS OF AMERICA, TROOP Purchase materials and supplies needed to 7 384 provide outdoor training for youth $ - $ 3,464.33 $ - "Have a Heart" camp expenses, supplies, and $ CAMP DEL CORAZON materials $ 5,000 $ 5,000 $ 2,500 Community Education and Awareness of Celiac 9 CELIAC DISEASE FOUNDATION Disease, a chronic hereditary intestinal disorder $ - $ 5,000 $ - Provide and train an Assistance Dog for a Canine Support Teams Inc. disabled child $ 2,000 $ - $ - CASA (Court Appointed Special Recruitment and training of new community Advocates) for Riverside County, Inc. volunteers $ 3,000 $ - $ - APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc subcommittee comments No. Award Request Recommendation CHAPARRAL HIGH SCHOOL 10 EDUCATION FOUNDATION CHS Grad Nite - 2009 Grad Nite Celebration $ 5,000 $ 5,000 $ 1,000 Christian Youth Theater Student Scholarships CHRISTIAN COMMUNITY THEATER and Facility Support - provide scholarships to 11 (Christian Youth Theater) students in financial need and facility rent $ 1,000 $ 5,000 $ - Temecula Valley Chamber of Commerce Student Coalition to Improve Education of the Month and Year Program $ 2,000 $ - $ - Community Outreach Mentoring Program - COMMUNITY OUTREACH project is to match 10 children of prisoners to 12 MINISTRIES caring adult mentor $ - $ 5,000 $ - Provide lower cost of activities to the boys, costs for copies of newsletters and other miscellaneous 13 CUB SCOUT PACK #148 communications, and supplies and materials $ - $ 2,000 $ - Provide physical education, adaptive physical education, and sports clinics to students home- schooled, independently enrolled, or enrolled in charter schools at no cost to low-income status parents; replacement of worn equipment, provide supplies and clothing and transportation to the 14 EMH FOUNDATION students $ - $ 5,000 $ - Materials and supplies for the bereavement packets provides to the families who experience 16 EMPTYCRADLE infant loss $ 3,000 $ 5,000 $ 1,000 Reaching Out 1 Reaching Up - perform free of charge on local campuses to introduce opera to our youth; develop and market materials to 16 FINE ARTS NETWORK introduce and promote the Ballet Company $ - $ 5,000 $ - GOLDEN VALLEY MUSIC SOCIETY, 17 INC. Classical Music Audience Building and Material $ - $ 5,000 $ - The Spirit of Great Oak Band & Guard "March to GREAT OAK ACADEMIC Washington" - invited to participate in the National 18 LEADERSHIP SOCIETY Memorial Day Parade in Washington D.C. 2009 $ - $ 5,000 $ - GREAT OAK ACADEMIC Great Oak High School Grad Nite Celebration 19 LEADERSHIP SOCIETY 1 2009 $ 5,000 $ 5,000 $ 1,000 APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc subcommittee comments No. Award Request Recommendation HABITAT FOR HUMANITY INLAND 20 VALLEY, INC. Habitat Way Project - Phase II $ 5,000 $ 5,000 $ - 21 HAVENS FOR THE ARTS, INC. Shakespeare in the Vines $ - $ 5,000 $ - HEALTHY MANAGEMENT DIABETES 22 EDUCATION Diabetes Management Outreach Program $ 500 $ 5,000 $ - H.E.A.R.T. for Children / Children's Therapy HELPING ELIMINATE THROUGH Program - 35 licenses therapists will participate in EDUCATION ABUSE IN RANCHO the program to provide counseling at a reduced 23 TEMECULA, INC. price for families who lack the financial resources $ - $ 5,000 $ - 24 HOSPICE OF THE VALLEY Grief workshop for families in Temecula $ 5,000 $ 5,000 $ 2,5500 Help three Temecula Key Clubs with their cost of District and State conventions, and funds will be KIWANIS CLUB OF TEMECULA used to attract more students to service clubs and 25 VALLEY doing service work for their communities $ - $ 5,000 $ - 26 MUSIC HERITAGE, INC. Youth String Competition and Ensembles $ 4,000 $ 5,000 $ 1,000 After School Performing Arts & Music Scholarship 27 MUSICIANS WORKSHOP Program $ - $ 5,000 $ - 28 NEIGHBORHOOD HEALTHCARE Children's Healthcare $ 3,000 $ 5,000 $ 1,000 OAK GROVE INSTITUTE Performing and Literary Arts Program (will 29 FOUNDATION, INC. prioritize Temecula students) $ 2,000 $ 5,000 $ 1,000 Special Needs Classroom Support - Peer Buddies Program, community education and awareness, and family support by sponsored 30 OUR NICHOLAS FOUNDATION, INC. outings $ - $ 3,500 $ 1,000 APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc subcommittee comments No. Award Request Recommendation 31 PROJECT TOUCH Temecula Police Homeless Response Program $ - $ 5,000 $ 2,500 Direct Service to Rape Victims / Rape Awareness Riverside Area Rape Crisis Center and Prevention $ 2,500 $ - $ - RIVERSIDE COUNTY COALITION FOR ALTERNATIVES TO DOMESTIC Temecula Outreach Services for Domestic 32 VIOLENCE Violence Victims and their Families $ - $ 5,000 $ - Camp designed for children in the foster care, Royal Family Kids Camp social services system $ 1,000 $ - $ - SAN DIEGO BLOOD BANK (Valley Gingerbread Valley Event - Blood Donation 33 Blood Services) Center $ 1,000 $ 1,500 $ - San Diego State University Foundation d/b/a San Diego State University Santa Margarita Ecological Reserve Research Foundation Environmental Education $ 500 $ - $ - SANTA ROSA PLATEAU 34 FOUNDATION Children's Outdoor Education Program $ - $ 5,000 $ - SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Scholarship funds for Chaparral High School 36 Temecula Valley) Seniors $ 5,000 $ 5,000 $ 1,000 SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Scholarship funds for Great Oak High School 36 Temecula Valley) Seniors $ 5,000 $ 5,000 $ 1,000 SCHOLARSHIP AMERICA, INC. (Citizens' Scholarship Foundation of Scholarship funds for Temecula Valley High 37 Temecula Valley) School Seniors $ 5,000 $ 5,000 $ 1,000 SENIOR CITIZENS SERVICE CENTER OF THE TEMECULA RANCHO AREA, 3$ INC. Provide food for 50,000-75,00 low income clients $ - $ 5,000 $ 5,000 Intends to use funds towards those financially less fortunate children who want to compete in a 39 SOUTHWEST SOCCER CLUB competitive environment $ - $ 5,000 $ - APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc subcommittee comments No. Award Request Recommendation TEAM EVANGELICAL ASSISTANCE MINISTRIES OF RANCHO- 40 TEMECULA-MURRIETA VALLEY Community Food Pantry $ 5,000 $ 5,000 $ 5,000 TEMECULA SUNRISE ROTARY Literacy - expand literacy project for Temecula 41 FOUNDATION 3rd graders to improve their reading skills $ - $ 4,872 $ - TEMECULA SUNRISE ROTARY Safety Town - a week long interactive safety 42 FOUNDATION awareness course for children $ - $ 5,000 $ - TEMECULA SUNRISE ROTARY Safety Town Park - start up costs for the 43 FOUNDATION possibility of building a Safety Town Park $ - $ 5,000 $ - TEMECULA UNITED METHODIST 44 CHURCH Bread from Heaven Food Pantry $ 2,500 $ 3,000 $ - TEMECULA VALLEY CONVENTION & VISITORS BUREAU (Temecula Valley 45 Chamber of Commerce) Student of the Month Program $ - $ 5,000 $ - There Are Many - helping people with mental 46 TEMECULA VALLEY CIVITAN CLUB retardation and developmental needs $ - $ 3,000 $ - 47 TEMECULA VALLEY GARDEN CLUB Flower Show and Garden Fair $ 500 $ 5,000 $ - TEMECULA VALLEY GENEALOGICAL Educational laptop computer, supporting 4$ SOCIETY software, genealogical books and subscriptions $ 5,000 $ 5,000 $ - 12th Annual Temecula Valley Poker Run - funds TEMECULA VALLEY HARLEY will be used for up front cost for the presentation 49 OWNERS GROUP of the event which is an annual fund raising event $ - $ 3,000 $ - Plaques at historical sites and Brochures for Old Temecula Valley Historical Society Town Tour Guides $ 750 $ - $ - Temecula Valley Historical Society Wolf's Tomb $ 750 $ - $ - TEMECULA VALLEY MASTER 60 CHORALE Educational and Community Outreach Program $ - $ 4,000 $ - Temecula Valley People Helping - People Help various organizations $ 51000 $ - $ - r6 1 rTEMECULA VALLEY PLAYERS Theatrical Youth Mentoring Program $ - $ 5,000 $ - APPL NAME OF ORGANIZATION PROGRAM 2007-2008 2008-2009 Ad Hoc subcommittee comments No. Award Request Recommendation TEMECULA VALLEY PONY-COLT LEAGUE, INC. (Temecula Youth Baseball Field Improvements and the North/South 52 Baseball) Fields $ - $ 3,000 $ - Reseeding and Repair the Temecula Middle 53 TEMECULA VALLEY POP WARNER School's Football Field $ - $ 5,000 $ - 54 TEMECULA VALLEY ROSE SOCIETY Rose and Arts Festival $ 2,500 $ 2,500 $ - 55 TEMECULA VALLEY WOMAN'S CLUB 22nd Annual Holiday Home Tour $ 5,000 $ 5,000 $ - General Funding - provide ongoing training for volunteers, up-to-date resource materials for the TRAUMA INTERVENTION victims and their families, and monthly expenses 56 PROGRAMS, INC. to keep the organization up and running $ - $ 5,000 $ - VETERANS OF FOREIGN WARS - 57 POST 4089 VFW Service Center $ 2,500 $ 5,000 $ 1,000 VNW Circle of Care, Inc. Operating Blessing - Food Ministry $ 5,000 $ - $ - Vail Ranch Restoration Association, Inc. Butterfield Stage 150th Anniversary $ 1,000 $ - $ - The Mourning Star Program of VNAIC - emotional and financial support offered to children who have VISITING NURSE ASSOCIATION OF experienced the death of a parent or a primary 58 THE INLAND COUNTIES caregiver $ - $ 5,000 $ - VOLUNTEER CENTER OF 2-1-1 Call Center - provides information and 59 RIVERSIDE COUNTY referral resources for social services $ - $ 5,000 $ - WOMEN'S BREAST CANCER RESOURCE CENTER (Michelle's 60 Place) Care Coordinator Education Program $ 1,500 $ 5,000 $ - TOTAL $117,500 $ 275,036.33 $ 32,200 ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: To establish a time and place for a hearing for an Appeal of Penalities and Interest imposed upon the Holiday Inn Express under the Transient Occupancy Tax Provisions of the Temecula Municipal Code PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council Set a hearing date for the appeal of penalties and interest imposed upon the Holiday Inn Express under the Transient Occupancy Tax provisions of the Temecula Municipal Code. Said hearing date hall beset for January 13, 2009, at 7:00 p.m., in the Council Chambers at Temecula City Hall. 2. Direct the City Clerk to provide legal notice to the appellant, Holiday Inn Express, of the hearing date for the appeal to be heard. BACKGROUND: Pursuant to the City of Temecula Municipal Code, hotels within the City are required to remit transient occupancy tax collected from their customers on a monthly basis. On October 2, 2008, the Holiday Inn Express provided payment to the City of the Transient Occupancy Taxes owed for the month of August 2008, but failed to pay the penalties and interest pursuant to Section 3.20.090 of the Temecula Municipal Code for failure to pay the Transient Occupancy Taxes by the due date of September 30, 2008. On October 9, 2008, the City sent written correspondence to the Holiday Inn Express informing them of the late payment of Transient Occupancy Taxes due under Chapter 3.20 of the Temecula Municipal Code, and the imposition of penalties and interest for the failure to pay Transient Occupancy Taxes by the due date. On October 10, 2008, the Holiday Inn Express filed a notice of appeal with the City Council appealing the imposition of penalties and interest pursuant to Section 3.20.110 of the Temecula Municipal Code. Pursuant to Section 3.20.110 of the Temecula Municipal Code, the City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice to the Holiday Inn Express. With the adoption of this action, the City Council sets an appeal hearing to be held on January 13, 2009, at 7:00 p.m., in the Council Chambers at Temecula City Hall. FISCAL IMPACT: As a result of the late payment of the August 2008 Transient Occupancy Taxes and Business Improvement District Assessments, the total amount due by Holiday Inn Express is $1,954.60. ATTACHMENTS: Letter to Holiday Inn Express, dated October 9, 2008 Appeal Letter from Holiday Inn Express, dated October 10, 2008 City of Temecula F Department ness Park Drive•Temecula, CA 92590•Mailing Address: P.O. Box 9033 •Temecula, CA 92 589-9033 6430 ■ Fax (9511694-6479 October 9, 2008 Ms. Christine Fontanilla, General Manager Holiday Inn Express 27660 Jefferson Ave. Temecula, CA 92590 RE: Late Transient Occupancy Tax (TOT) and Business Improvement District (BID) Return August 2008 Dear Ms Fontanilla: • Pursuant to Section 3.20.070 of the City of Temecula's Municipal Code, each hotel operator shall remit a return and amounts due to the Tax Administrator no later than the last day of the month following the close of each calendar month. The TOT and BID Return and payment for Holiday Inn Express for the period August 1, 2008 through August 31, 2008 was due no later than September 30, 2008. The Return and payment for Holiday Inn Express was submitted on October 2, 2008, copies of which are enclosed. As I discussed with Ms. Georgee on October 2, 2008, upon her remittance of the August 2008 Return to the City of Temecula, according to Section 3.20.090 of the Municipal Code, penalties and interest apply to late remittance of TOT and BID due City. Any operator who fails to remit TOT and BID within the time required shall pay an additional 10% penalty of the amount due and interest at a rate of 1/2% of the amount of the tax for each month or portion of month delinquent. Total penalties and interest due for the late remittance of the August 2008 TOT and BID Return are $1,954.60. Please remit this amount to the City of Temecula no later than October 31, 2008, to avoid additional penalties and interest. For your convenience, please find attached a schedule calculating the amount of tax and interest due City. Also, attached is a copy of the Section 3.2 of the Municipal Code. n ® t e~TQTaand BIDITOTITOT CorrespondenceWoliday IWAugust 08.doc • Ms. Christine Fontanilla, General Manager Holiday Inn Express October 9, 2008 Page -2- Please do not hesitate to contact me if you have any questions or require additional information at (951) 694-6430. Sincerely, udy J. cia , Revenue anager RJG:jmm Enclosures: as stated above cc: Genie Roberts, Director of Finance (w/out ends.) Peter Thorson, City Attorney (w/out ends.) Nadeen Georgee, Revenue Manager for Holiday Inn Express (w/ends.) • C] RATOT and BUTOMOT Conespondermft iday InnWugust 08.doc CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589-9033 INVOICE oo49s1 Page 1 of 1 10/0212006 0227 1,954.60 561270 HOLIDAY INN EXPRESS ATTN: RICHARD WARSHOM 27660 JEFFERSON AVE. TEMECULA, CA 92590 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF TEMECULA PLEASE DETACH AND RETURN WITH YOUR REMITTANCE - - - - - - - - - - - - - - - - CITY OF TEMECULA e Account No. Acct Code Acct Title Da it Upon Receipt S# 1270 10/7inA Please Remit to. CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589-9033 Holiday Inn Express Temecula 27660 Jefferson Ave Temecula, CA 92590 ~ i{oflcany~. EXPRESS October 10, 2008 • Attn: City Clerk 43200 Business Park Drive P.O.Box 9033 Temecula, California 92589-9033 phone 951 6992444 fax 951 695 4775 e-mail infoOstaytemecula.com www.staytemecula.com RE: Late Transient Occupancy Tax (TOT) and Business Improvement District (BID) Return August 2008 Dear Sir/Madam: We have received the letter from the City of Temecula Finance Department informing our business of penalties and interest due for late remittance of payment of Transient Occupancy Taxes for the period of August 2008. We are writing you to appeal these penalty charges due to unusual circumstances which we have experienced last month. We are currently undergoing a $500,000 property improvement plan for our facilities. Management and ownership have been very busy overlooking this renovation process on daily basis for the last month. Unfortunately and as a result we failed to meet payment requirement on time. This is the first time we remit late payment of Transient Occupancy Taxes. We ask you to pardon us for these penalties and we apologize for the inconvenience and thank you for your time to review this appeal. Please note for your reference I have enclosed a copy of the letter from the city and the calculation of penalties and interest due. Sincerely,, Nadeen Georgee Revenue Manager Independently Owned and Operated by S G Temecula Properties Inc. ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 16, 2008 SUBJECT: Proposed Policy Change, Changing all City Minutes to Action Minute Format RECOMMENDATION: That the City Council approve a policy change to the format of all City Minutes to the Action Minute format. BACKGROUND: The desire of the City of Temecula is to provide the public with accessible, accurate information regarding the actions of the City Council and its Commissions and Committees. Currently the minutes are prepared with a synopsis of the discussion, as well as the formal motions and vote. Due to the substantial advances in technology, and the ease bywhich the public can view the entire content of the meeting, it is proposed that the minutes be changed to include only the formal action taken and the vote. The City Clerk's Office, in conjunction with Information Systems, has provided not only the City Council and Planning Commission agendas and staff reports on the web site, but also the entire City Council Meeting, via streamed media. In addition, all City Council Meetings have been stored in a DVD format, which is available to the public upon request. The City Clerk's Office recently completed converting all the old format City Council Meetings, going back to incorporation, to this DVD format. All Commission Meetings are audio recorded and available to the public. The City of Temecula, unlike most cities in California, makes the entire meeting available through the City's web site. The City Council Meetings are available on the web going back three years. Detailed minutes of these meetings are basically a duplicate effort. A change in the format of minute preparation would represent a significant reduction in cost for staff time without impacting the public interest. FISCAL IMPACT: A significant reduction in staff hours will be realized by a change in the City's minute policy to the action minute format. ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Dedication of Diaz Road As a Public Street and Accepting it into the City- Maintained Street System, Project No. PW95-27 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DEDICATING THAT PORTION OF DIAZ ROAD BETWEEN RANCHO WAY AND RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA AS A PUBLIC STREET AND ACCEPTING IT INTO THE CITY-MAINTAINED STREET SYSTEM BACKGROUND: The Diaz Road Realignment project adjusted the alignment of the southerly end of Diaz Road between Rancho Way and Rancho California Road to join with Rancho California Road at Felix Valdez Road. The realignment project involved a number of different property transactions between the City and private property owners, including quitclaim deeds and property acquisition, with all such documents being recorded with the Riverside County Assessor-County Clerk-Recorder. For the portion of the newly created roadway alignment, which occurs on property already under City ownership, a document is required to dedicate the new alignment as a public right-of-way. Adoption of this resolution will create a document for recordation purposes with the Riverside County Assessor-County Clerk-Recorder. This action will reserve this portion of the City property for use as a public street in the event that the City sells the remainder large parcel at a future date. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 08- 2. Project Description 3. Project Location 4. Plat map and legal description RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DEDICATING THAT PORTION OF DIAZ ROAD BETWEEN RANCHO WAY AND RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA AS A PUBLIC STREET AND ACCEPTING IT INTO THE CITY- MAINTAINED STREET SYSTEM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares that: A. The Diaz Road Realignment Project adjusted the alignment of Diaz Road between Rancho Way and Rancho California Road as described and depicted on Exhibits A-6 and B-6, attached hereto and incorporated herein by this reference. B. The new road is located on property owned by the City. C. The City Public Works Staff reviewed and inspected the public improvements for the realigned Diaz Road and all have been satisfactorily completed. Section 2. The City Council hereby dedicates that portion of Diaz Road as described and depicted on said Exhibits A-6 and B-6 as public street. Section 3. The City Council hereby accepts that portion of Diaz Road as described and depicted on said Exhibits A-6 and B-6 into the City-Maintained Street System pursuant to Streets and Highways Code Section 1806. Section 4. The City Clerk shall cause this Resolution and its exhibits to be recorded in the Official Records of the County of Riverside. Section 5. The City Clerk shall certify to the adoption of this Resolution. \ovo PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 16th day of December, 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 16th day of December, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PROJECT DESCRIPTION Project Title: DIAZ ROAD REALIGNMENT TO VINCENT MORAGA DRIVE PRIORITY: I Project Type: Circulation Description: Realign Diaz Road to the intersection of Rancho California Road at the Vincent Moraga Drive intersection. The new alignment will include full width (100-foot right-of-way) street improvements. Remove existing traffic signal at Rancho California Road and Diaz Road and modify the existing traffic signal at Rancho California Road at Vincent Moraga DriveBusiness Park Drive. Department: Public Works - Account No. 210.165.632 PW95-27 Scope of Project: Project will consist of designing a new Diaz Road alignment from approximately 1,000 feet south of Rancho Way to Rancho California Road and Vincent Moraga Drive/Business Park Drive, along with a raised median island. Remove existing traffic signal at Rancho California Road and Diaz Road, and modify the existing traffic signal at Rancho California Road and Vincent Moraga Drive/Business Park Drive. Benefit: Project will improve area circulation west of Murrieta Creek and improve peak hour circulation at Rancho Total Project Cost: $ 6,021,850 Actuals to Date 2007-08 2008-09 Administration $ 835,703 $ 142,704 Acquisition - $ 1,255,779 $ 235,000 Construction $ 638,923 $ 2,775,000 Construction Engineering, $ 4,060 $ 43,793 Design 84,288 $ 6,600 Totals $ 2,818,753 $ 3,203,097 2009-10 2010-11 2011-12 .wua a.e va i uuua. ..ape,nr nav~ee~ a~wea ves a v>.~,v~o Development Impact Fees - Public Facilities $ 396,450 :Development Impact Fees - Street Improvements $ 4,626,567 `Development Impact Fees - Traffic Signals $ 99,000 _ Measure A $ 202,857 Reimbursements/Other - Rancho California Water District $ 3,920 Total Funding: - $ 6,021,850 Note: Once the project is completed, the City will be able to sell the remnant property for an undetermined amount. Cost To Complete $ 142,704 $ 235,000 $ 2,775,000 $ 43,793 $ 6,600 $ 3,203,097 42 PROJECT LOCATION Project Title: DIAZ ROAD REALIGNMENT TO VINCENT MORAGA DRIVE Q`00y ° ABS GOpN y QG ! P N SP P o z P 0 oP' o d ~O N p° ~n A O ~H F? EINGLE OFI(pR Dp SV~l F R ' ARD RANCHO CALIFORN FL 9 \ FELT%VALOF2 AVE 2 O m L . a gO c yR IGGE PARK DR p P y~ A ?ys ~ oy P HTn ° y~4D o 41 EXHIBIT "A-6" LEGAL DESCRIPTION FOR DIAZ ROAD RIGHT-OF-WAY DEDICATION THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 19580 AS SHOWN BY A MAP ON FILE IN BOOK 154, PAGES 92 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF SAID PARCEL MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 18 26'21" EAST, 42.92 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 900.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 10'23" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 43'35-, AN ARC LENGTH OF 168.49 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70 26'48" EAST; THENCE SOUTH 19 33'12" WEST, 228.43 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID PARCEL 2; THENCE NORTH 42 59'37" WEST, 112.69 FEET ALONG SAID EASTERLY LINE OF SAID PARCEL 2; THENCE NORTH 19 33'12" EAST, 176.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 800.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5.52'41", AN ARC LENGTH OF 82.07 FEET TO A POINT ON THE NORTH WESTERLY LINE OF SAID PARCEL 1, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 76 19'29" EAST; THENCE NORTH 47 01'03" EAST, 134.57 FEET ALONG SAID WESTERLY LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING. CONTAINING 35,437.175 SQUARE FEET OR A 0.814 ACRES MORE OR LESS. PARCEL B BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF SAID PARCEL MAP, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD; THENCE SOUTH 18 26'21" EAST, 42.92 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 900.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 10'23" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 43'35", AN ARC LENGTH OF 168.49 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70 26'48" EAST; THENCESOUTH 19 33'12" WEST, 228.43 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR PARCEL B; THENCE SOUTH 19 33'12" WEST, 73.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 800.00 FEET; Page 1 of 2 March 18, 2008 BY: R. Pisa CK'D BY: B. Fox F:\0105900\Iegals\Diaz Road 2 UPDATE.doc THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 50'06", AN ARC LENGTH OF 276.95 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89 43'06" WEST: THENCE SOUTH 51 13'50" EAST, 59.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1411.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 09 39'14" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD, THROUGH A CENTRAL ANGLE OF 01 21'23", AN ARC LENGTH OF 33.40 FEET; THENCE NORTH 53 49'23" WEST, 33.62 FEET ALONG THE CORNER CUT-BACK TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BUSINESS PARK DRIVE, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 689.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 83 02'01" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 01'37", AN ARC LENGTH OF 445.26 FEET ALONG SAID EASTERLY RIGHT-OF-WAY TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1819.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 46 00'24" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 50'04", AN ARC LENGTH OF 26.49 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE NORTH 47 01'03" EAST, 3.55 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2 TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 611.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 38 02'10" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 3546", AN ARC LENGTH OF 166.32 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 22 26'24" WEST; THENCE NORTH 67 42'09" EAST, 35.89 FEET; THENCE NORTH 19 33'12" EAST, 105.18 FEET TO SAID EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 42 59'37" EAST, 112.69 FEET ALONG SAID EASTERLY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. CONTAINING 38,751.803 SQUARE FEET OR 0.890 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B-6" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: rrozjo NO.26159 KEVIN BC D Exp3/31/10 ((kv, GO REGISTERED PROFESSIONAL ENGINEER NO. 26159 EXPIRES: 3-31-2010 nnm_ . Page 2 of 2 March 18, 2008 BY: R. Pisa CK'D BY: B. Fox FA010590MLEGALMAZ ROAD 2 UPDATE.DOC EXHIBIT B-6 " LINE TABLE CURVE TABLE NO. DIRECTION DISTANCE Lt S 18'26'21" E 42.92' L2 S 19'33'12" W 228.43' L3 N 42'59'37" W 112.69' L4 N 19'33'17' E 176.48' L5 S 19'33'12" W 73.06' L6 S 51'13'50" E 59.50' L7 N 53'49'23" W 33.62' L8 N 4T01'03" E 3.55' L9 N 6T42'09" E 1 35.89' L10 N 19'33'17' E 105.18' ~A~ 1~ PORTION BLOCK 2 OF \t PAUBA LAND & WATER I \ CO. SUB. M.B. 11/507 134.57 E \ 40 QP4~,0 $,0 S~6~ N41 4 ~~p10 0 \ 929- 1 4 CIV NOTE -,A N THE CITY OF TEMECULA ASSUMES FULL RESPONSIBILITY OF N T F O I YING ALL PROPERTY OWNERS, LIENHOLDERS & ALL OTHER INTERESTED PARTIES REGARDING THIS RIGHT-OF-WAY DEDICATION. APN OIL 1 i ~ ppA Sg0'i Aa 61A4 I P~ 9~= P P p,D SCALE IN FEET 1 " = 200' P.O.B. PARCELS A&B NLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580 (PM 154/92-96) /-T.P.O.B. PARCEL B PREPARED FOR: CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 (951) 694-6411 CITY' OF TEMECULA NO. DELTA RADIUS LENGTH Cl 10'43'35" 900.00' 168.49' C2 05'52'41" 800.00' 82.07' C3 19'50'06" 800.00' 276.95' C4 01'21'23" 1411.00' 33.40' CS 00'50'04" 1819.00' 26.49' C6 15'35'46" 61100' 166 32' PREPARED BY: I ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation - STPL Project; Proj. No. PW06-14 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Kavon Haghighi, Associate Engineer, CIP RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation - STPL Project No. PW06-14. BACKGROUND: On April 24, 2007, the City entered into that certain agreement entitled "Agreement for Professional Engineering Design Services" for Project No. PW06-14, Pavement rehabilitation - STPL Project with Harris & Associates to prepare the Design Plans and Specifications. This project will rehabilitate Rancho California Road from Ynez Road to the east City limit. The project will also include minor widening that will provide two full west bound lanes from eastern City limit to Margarita Road. Because some of the project funding is from the Federal government, the City is required to comply with a number of additional environmental, design and construction procedures and processes that we do not typically undertake. The State Department of Transportation (Caltrans), as administrative agent for the Federal Highway Administration (FHWA), approved an environmental determination through the Federal process (NEPA) on January 22, 2008. On March 13, 2008, the City approved an environmental determination through the State of California process (CEQA). Caltrans and FHWA, after review and approval of our plans, specifications and procedures, authorized the City to proceed with construction on November 18, 2008. The City is now in a position to advertise for construction bids. The contract documents are available for review in the Office of the Director of Public Works. The engineer's cost estimate for this project is $5,140,102.00 and there are 160 working days in the contract (i.e., eight months). FISCAL IMPACT: The Pavement Rehabilitation - STPL Project, Proj. No. PW06-14 is funded by Measure A and State Transportation Program Funds (Federal) under account number 210-165-657 and the Annual Citywide Pavement Rehabilitation Program is funded entirely with Measure A funds under account number 210-165-657. Adequate funds are available in these accounts to complete the project. At the time of award, staff will include a recommendation to transfer adequate Citywide Pavement Rehabilitation funds to fully fund construction of the project. ATTACHMENTS: 1. Project Descriptions 2. 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W W o m a W W O n a 0 0• ~ o 'O . o !I~ ~ .n ~ a w ~ ~ ~ .o o w z ° c w ti to ti O ~ F ~ d C n .w. c y 'LS n ~ n r~ w w w N N ry m n i ~ ~ O O O i ~ w w~~ V 7 p 0 0 b uauw .n ~ . t" o o ~7 0 ~ o Y fA fA fA fA fA fA fA fA ~ O w w w N c n a ~ Oo Z ~ b 0 0 0 00~0~~ ~ , ~ a ~ z 0 0 0 00000° a ~ ° E c ~ y o N N N N N ~ N O O O O O~ O U Q . 'LS O O O O O O O O m O ti H ~ n fag fag fag fag fag fag fag fag H N N N N N O O O 0 0 0 to ~ p ti O O O O O O O O N O O O O O O O O O ~ N 'LS ~ O N N N N N N O O O 0 J 0 0 to i ~ O O O O O O O O W N O O O O O O O O O' a fag fA 7 N k Fy~ ~ m C C 'w l . j O. O a y^, fag fag fag fag fag fag fag fag O 10 . A G n a ~ M N U ~ ~ to O O O O~ U w 0 n O O O O O O O O p Rancho California Road Pavement Rehabilitation STPL Project No. PW06-14 ~a Project Site 100 ITEM NO. 1 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Proposition 1 B (Transportation Bond) 2008-09 Allocations and Funding Proposals PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council Approve the attached Proposition 1 B Local Streets and Roads Funding Proposals for Fiscal Year 2008-09 and authorize staff to apply to the State Department of Finance for release of $1,455,935 in Proposition 1 B funds for these projects. 2. Increase the estimated revenue for Proposition 1 B funding in the amount of $1,455,935. 3. Appropriate the estimated Proposition 1B revenue in the amount of $1,455,935 to supplement the FY 2008-09 Citywide Street Maintenance and Drainage Operating Budget Accounts. BACKGROUND: In 2006, California voters approved Proposition 1 B (Prop 1 B -Transportation Bond) authorizing the sale of over $1 billion in bonds for infrastructure improvements. Prop 1B specified that a portion of the bond proceeds be allocated directly to cities and counties to supplement existing investments in local streets and roads. The City of Temecula's total share of Proposition 1B revenues was expected to be over $3 million. Under the original provisions of Proposition 1 B, the City was entitled to apply for the release of a portion of these funds in FY 2007- 08 and the remainder in FY 2009-10. On February 26, 2008, the City Council approved the FY 2007-08 Proposition 1 B project proposal list and authorized staff to apply to the State Department of Finance (DOF) for the City's initial allocation of $1,575,218. These funds were received and apportioned to the Public Works Maintenance Division Budget to support citywide pavement repairs, ADA/sidewalk work, and a slurry seal program in Paloma Del Sol in FY 2007-08 and FY 2008-09. Pursuant to the annual report approved by the DOF on November 25, 2008, the City has expended $932,052 in Proposition 1 B funding to date for this specific work. The remaining balance will be expended by the end of June 2009. On November 10, 2008, the City was notified by the DOF that the Fiscal Year 2008-09 California State budget includes $187 million in Proposition 1 B, Local Streets and Roads funding. As a result, the second funding allocation has been accelerated from FY 2009-10 to FY 2008-09. The City of Temecula has $1,455,935 remaining under the formula governing the Proposition 1 B allocation for cities and will be requesting the full amount. In accordance with revised DOF guidelines, funds will be allocated on a first-come, first-served basis, and must be used to expedite local street and road projects that are not currently or fully funded with a dedicated funding source. Following notification from the DOF that the City has submitted a complete plan for the expenditure of these funds, all funds must be encumbered before July 1, 2009. The Public Works Department has developed a priority list of eligible street and road related projects that will benefit from the second allocation of Proposition 1 B funding. To further extend the value of these funds and expedite delivery, the Departmentwill dedicate a full-time engineer and inspectorto provide project management and oversight until the projects are completed. Staff is recommending that the City Council approve the proposed allocation of $1,455,935 in Proposition 1 B funds to the following projects: Project Management & Proposed 1 B Funding Project Description Inspection Allocation *Slurry Seal - Paloma Del Sol and Temeku Engineer - 40% Hills areas. Inspector - 40% $819,894 *Jedediah Smith Reconstruction - Complete rebuild (28' width/roadway striping/asphalt berms) between Temecula Engineer - 20% Parkway and Cabrillo. Inspector - 20% $295,347 *Rancho California Road Storm Drain Repair - Replace approx. 140 linear feet of aging corrugated metal pipe under roadway Engineer - 40% with reinforced concrete pipe (east of Hope Inspector - 40% Drive). Reconstruct portion of roadway. $340,694 Engineer -100% Totals: Inspector- 100% $1,455,935 FISCAL IMPACT: The requested approval bythe City Council will initiate the application process with the State Department of Finance for release of $1,455,935 in Proposition 1 B funds for the roadwaywork identified above. Upon the DOF's approval of the City's work plan and receipt of the funds, the current FY 2008-09 Maintenance Division Budget for Citywide Street Maintenance will be amended to reflect the addition of Proposition 1 B funding. ATTACHMENTS: 1. Proposed Spending Plan for 2008-09 Appropriation 2. Listing of City Streets to receive slurry seal with Proposition 1 B funding. California Strategic Growth Plan: Bond Accountability: Transportation: Local Funds Input: General 2 " Ile STRATEGIC GROWTH PLAN :GOV WOAD ACCOUNTABILITY Home Bond Information Transportation Local Funds Input General City of Temecula - Prop 1B Funding Input Instructions General Maintenance Minor Projects Major Projects Sjpending Plan for 20o8-o9 AVropriation . - - Required 2008-09 Data County in which Temecula is Located County of Riverside - Principal Contact Data for Prop 16 Program: Name William G. Hughes E-mail Address bill.hughes@cityoftemecula.org Phone Number 951-694-6411 Address P.O. Box 9033, Temecula, CA 92589-9033 _ T Date Local Propl B Streets & Roads Program Budget Adopted 12/16/2008 by Board/Council (MM/DD/YYYY) Unencumbered Balance in Local Road Account as of 6/30/08 $0 Highly Recommended - Local web link (for additional overall program information, such as maps, detailed project information, etc. provided by city or www.cityoftemecula.org county) Save Total 2008-09 Amount Available (from SCO tables, first-come first-served): $1,455,935 Status Original Plan Actual Expenditures to Date 2008-09 Data Status Not yet Submitted Unopened Total 2008-09 Data Entered (from all tabs) $1,455,935 $0 Amount Remaining so $1,455,935 Submit complete Plan data to DOF I Appropriation: 2008-09 - Revise Plan Delete Revised Plan F I certify that the city is eligible for Proposition 1 B Local Streets and Roads funding as outlined in Chapter 269, Statutes of 2008. The following pages provide separate data input for three other categories of Prop 1 B Local Street & Road Maintenance Projects: 1. Maintenance, and 2. Minor Projects, and 3. Major Projects, You may also: Change Your Password . I1ttD://D 1 blsr.dot. ca.Lov/sreneral.Dh1) 12/01/2008 a 1 ornla trategic rowth flan: Bond Accounta-Ui-Fity~Znsportat~ocal Fuis_1nPut: inten... STRATEGIC GROWTH PLAN BOND ACCOUNTABILITY Home Bond Information Transportation Local Funds Input Maintenance Program City of Temecula - Prop 1B Funding Input Instructions General Maintenance f•iinur Projects f•iajoi Projects Spending Plan for 2008-09 Appropriation Plan Actual Total Prop 1B Funding to be Used for Local Maintenance Category (in whole dollars) $1,115,241 Estimated Prop 16 Program Completion Date (MM/DD/YYYY) 12/30/2009 Average Estimated Useful Life of all Maintenance Category Work Funded with Prop 1 B Funds (in years) 10 f - Highly Recommended Backlog of Maintenance Work as of 07/01/2008 (in whole dollars) x$27,000,000 Anticipated Backlog of Maintenance Work as of 06/30/2009 (in whole dollars) S7,500,000 Un-obligated Balance in Local Road Account as of 06/30/2008 (in whole dollars) $0 Total Prop 1 B Funding for Pavement Repairs (pothole filling/crack filling/minor pavement Total Prop 1 B Funding for Slurry Seals $819,894 Total Prop 1 B Funding for Resurfacing, Including Full or Partial Reconstruction $295,347 Total Prop 1 B Funding for Bridge Repair and Replacement $0 Total Prop 1 B Funding for non-Driving Surface Work $0 (landscaping/signage/safety/ADA/sidewalks, etc.) Total Prop 1 B Funding for Weather and Accident Repairs and Snow Removal $0 Total (should equal Maintenance Category total at top of page) $1,115,241 Save Be sure to Save your data using the button above before navigating away from this page. Once all relevant data has been entered and saved on all tabs, return to the General tab to Submit the complete set of data to the Department of Finance. Appropriation: 2008-09 Note: Major (over $400,000) maintenance projects may be included here or on the Major Projects page. The following pages provide separate data input for three other categories of Prop 1 B Local Street & Road Maintenance Projects: 1. General, 2. Minor Projects, and 3. Major Projects, You may also: Change Your Password . http:// p 1 bisr.dot.ca.gov/iiialiitelialice.plip 12/01/2008 ~f STRATEGIC GROWTH PLAN .GOV BOND ACCOUN'Ts*`,,BILITY Home Bond Information » Transportation Local Funds Input - Minor Projects City of Temecula.-. Prop 1B Funding Input InstructionsGeneral' MaintenanceMinor Projects Major Projects Spending Plan for 2008-09 Appropriation Plan Actual Total Prop 1 B Funding for Minor non-Maintenance Project Category-Projects Costing $340,694 Less than $400,000 (in whole dollars) Estimated Prop 1B Program Completion Date (MM/DD/YYYY) 12/30/2009 Average Expected Useful Life of Minor Projects Funded with Prop 1 B Funds (in years) 25 Optional (in whole dollars) Total Prop 1 B Funding for New Traffic Signals Total Prop 1 B Funding for Street Extensions and New Streets $340,694 Total Prop 1 B Funding for New/Improved Landscaping/Signage/Safety/et. al. Total Prop 1 B Funding for Transit related Projects Total (should equal total Minor Project Category total at top of page) $340,694 $0 Save Note: Minor Projects are projects costing less than $400,000. Be sure to Save your data using the button above before navigating away from this page. Once all relevant data has been entered and saved on all tabs, return to the General tab to Submit the complete set of data to the Department of Finance. Appropriation: 2008-09 - The following pages provide separate data input for three other categories of Prop 16 Local Street & Road Maintenance Projects: 1. General, 2. Maintenance, and 3. Major Projects, You may also: Change Your Password . Conditions of Use I Privacy Policy Copyright © 2007 State of California http:Hp 1 blsr.dot.ca.gov/i11111orProjects.pllp 12/01/2008 City of Temecula Slurry Seal Project FY 2008-09 thru 2009-10 PROPOSITION 1B FUNDING ALLOCATION STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH STREET TYPE ASHBURN RD 720.05 28,801.90 0.13 40 LOCAL BALATA DR 682.61 27,304.35 0.13 40 LOCAL BELLERIVE CT 140.80 5,631.87 0.03 40 LOCAL BERKSHIRE LN 255.71 10,228.25 0.05 40 LOCAL BOGEY WY 165.63 6,625.16 0.03 40 LOCAL BRANFORD DR 1,032.81 41,312.34 0.19 40 LOCAL BRASSIE LN 2,378.07 95,122.63 0.45 40 LOCAL BUNKER DR 1,373.64 54,945.67 0.26 40 LOCAL BUNKERS WY 638.95 25,558.06 0.12 40 LOCAL CALA GERONA 833.69 33,347.61 0.16 40 LOCAL CALATORRENTE 1,093.89 43,755.65 0.21 40 LOCAL CALLEAVELLA 527.04 21,081.50 0.10 40 LOCAL CALLE BALAREZA 2,118.69 84,747.43 0.40 40 LOCAL CALLE BALMEZ 573.43 22,937.37 0.11 40 LOCAL CALLE CABALLOS 1,127.95 45,118.15 0.21 40 LOCAL CALLECARABANA 1,089.95 43,598.16 0.21 40 LOCAL CALLE GALARZA 804.94 32,197.50 0.16 40 LOCAL CALLE LONDE 693.42 27,737.00 0.13 40 LOCAL CALLE MATARO 1,015.74 40,629.80 0.20 40 LOCAL CALLE RIVAS 582.96 25,650.24 0.11 44 COLLECTOR CALLE SANDOR 466.47 18,658.84 0.09 40 LOCAL CAMINO ALAGON 1,132.45 48,954.68 0.22 40 LOCAL CAMINO CALIARI 1,307.39 52,295.72 0.25 40 LOCAL CAMINO CARUNA 1,495.93 59,837.38 0.29 40 LOCAL CAMINO GALLEGOS 589.02 23,560.73 0.11 40 LOCAL CAMINO HERENCIA 1,402.28 56,091.18 0.27 40 LOCAL CAMINO MOLNAR 810.35 32,414.16 0.15 40 LOCAL CAMINO RABAGO 1,198.98 47,959.17 0.22 40 LOCAL CAMPANULA WY 2,202.73 96,920.21 0.42 44 COLLECTOR CANTERBURY CT 718.21 28,728.22 0.14 40 LOCAL CASCADES CT 544.11 21,764.27 0.10 40 LOCAL CHAMPIONS CIR 589.40 23,576.19 0.11 40 LOCAL COG HILL DR 249.84 9,993.73 0.05 40 LOCAL COLONIAL CT 548.22 21,928.65 0.10 40 LOCAL CONGRESSIONAL DR 2,210.19 88,407.58 0.43 40 LOCAL CORTE ARGENTO 1,132.13 45,285.34 0.21 40 LOCAL CORTE ASTORGA 462.77 18,510.61 0.09 40 LOCAL CORTE CARDOZA 788.08 31,523.07 0.15 40 LOCAL CORTE CARMONA 1,328.17 53,126.65 0.25 40 LOCAL CORTE DAVILA 383.32 15,332.71 0.07 40 LOCAL CORTE DURAZO 303.64 12,145.62 0.06 40 LOCAL CORTE ESCOBAR 594.87 23,794.69 0.11 40 LOCAL CORTE GARDANO 767.69 30,707.46 0.15 40 LOCAL CORTE ILLORA 862.85 34,514.06 0.16 40 LOCAL CORTE LLAMAS 170.14 6,805.58 0.03 40 LOCAL CORTE SPARKMAN 557.99 22,319.65 0.11 40 LOCAL CORTE UTNEHMER 476.24 19,049.60 0.09 40 LOCAL CORTE VILLENA 300.87 12,034.88 0.06 40 LOCAL CROOKED STICK DR 710.73 28,429.29 0.13 40 LOCAL CRYSTALAIRE DR 2,542.07 101,682.64 0.48 40 LOCAL CYPRESS POINT WY 461.53 18,461.37 0.09 40 LOCAL City of Temecula Slurry Seal Project FY 2008-09 thru 2009-10 PROPOSITION 1B FUNDING ALLOCATION STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH STREET TYPE DELMONTEST 1,435.94 57,437.43 0.28 40 LOCAL DOG LEG CIR 438.00 17,519.92 0.08 40 LOCAL DRIVER LN 1,059.82 42,392.72 0.20 40 LOCAL DUNES CT 467.20 18,688.09 0.09 40 LOCAL EAGLE CT 309.55 12,382.07 0.06 40 LOCAL EAGLE POINT WY 1,020.81 40,832.58 0.20 40 LOCAL ESSEX CT 303.80 12,151.83 0.06 40 LOCAL FIRESTONE ST 852.74 34,109.61 0.16 40 LOCAL FLAG WY 179.52 7,180.79 0.03 40 LOCAL FORE WY 188.36 7,534.33 0.04 40 LOCAL GLENEAGLES DR 1,087.90 43,515.85 0.21 40 LOCAL HONORS DR 3,935.34 173,154.76 0.75 44 COLLECTOR INVERNESS CT 638.80 25,552.00 0.12 40 LOCAL IRON CIR 597.27 23,890.75 0.12 40 LOCAL LAKERIDGE CT 319.31 12,772.45 0.06 40 LOCAL LAUREL VALLEY CIR 361.40 14,456.15 0.07 40 LOCAL LEENA WY 1,507.65 66,336.59 0.29 44 COLLECTOR LINKS CT 715.68 28,627.20 0.14 40 LOCAL MASHIE WY 804.62 32,184.63 0.16 40 LOCAL MCCABE DR 1,914.99 84,259.35 0.37 44 COLLECTOR MEADOW BROOK WY 269.38 10,775.19 0.05 40 LOCAL MEDINAH WY 1,054.26 42,170.24 0.20 40 LOCAL MONTEREY PL 1,513.83 60,553.30 0.29 40 LOCAL NASSAU CT 579.33 23,173.25 0.11 40 LOCAL NIBLICK RD 1,471.61 58,864.26 0.28 40 LOCAL OAK HILL DR 870.11 34,804.45 0.16 40 LOCAL OTTER CREEK CIR 188.12 7,524.87 0.04 40 LOCAL PACIFIC GROVE WY 1,095.14 43,805.53 0.20 40 LOCAL PAR WAY 142.04 5,681.47 0.03 40 LOCAL PENNANT CT 822.00 32,880.07 0.15 40 LOCAL PIN WAY 117.02 4,680.99 0.02 40 LOCAL PINE NEEDLE ST 497.85 19,914.10 0.09 40 LOCAL PINE TREE CIR 1,206.99 48,279.76 0.23 40 LOCAL PIO PICO RD 1,351.09 59,448.01 0.26 44 COLLECTOR POINT WOODS CT 543.98 21,759.33 0.10 40 LOCAL PUTTER CIR 510.42 20,416.96 0.10 40 LOCAL ROUGH WY 150.19 6,007.74 0.03 40 LOCAL ROYAL BIRKDALE DR 1,911.82 76,472.76 0.36 40 LOCAL ROYAL DORNOCH CT 299.81 11,992.41 0.06 40 LOCAL ROYAL OAKS DR 2,427.08 97,083.39 0.47 40 LOCAL SANDHILL LN 1,847.44 73,897.66 0.35 40 LOCAL SEA ISLAND CT 251.29 10,051.65 0.05 40 LOCAL SEMINOLE ST 913.01 36,520.57 0.18 40 LOCAL SLICE WY 196.92 7,876.63 0.04 40 LOCAL SOMERSET HILLS 321.84 12,873.79 0.06 40 LOCAL SOUTHERN HILLS DR 844.16 33,766.46 0.16 40 LOCAL SPOON CIR 148.61 5,944.51 0.03 40 LOCAL SPYGLASS HILL LN 538.05 21,521.98 0.10 40 LOCAL SUNNINGDALE DR 1,770.69 70,827.40 0.33 40 LOCAL TEE DR 324.51 14,278.57 0.06 44 COLLECTOR TEMEKU DR 4,822.86 192,914.26 0.91 40 LOCAL City of Temecula Slurry Seal Project FY 2008-09 thru 2009-10 PROPOSITION 1B FUNDING ALLOCATION STREET LENGTH PAVING AREA MILES GENERAL PLAN WIDTH STREET TYPE VARDON DR 1,636.27 65,450.97 0.31 40 LOCAL VIA ALLRIZO 250.01 11,000.27 0.05 44 COLLECTOR VIA ARIAS 616.71 24,668.37 0.12 40 LOCAL VIA ARNEDO 268.31 10,732.49 0.05 40 LOCAL VIA BANDE 622.52 24,900.61 0.12 40 LOCAL VIA BEJARANO 796.11 31,844.42 0.16 40 LOCAL VIA BONILLA 886.79 35,471.60 0.17 40 LOCAL VIA CANDELEDA 845.01 33,800.29 0.16 40 LOCAL VIA CAVALO 296.38 11,855.10 0.06 40 LOCAL VIA CESARIO 704.39 28,175.60 0.13 40 LOCAL VIA CIRILLO 287.86 11,514.25 0.05 40 LOCAL VIA CORDARO 260.68 10,427.30 0.05 40 LOCAL VIA DEANDA 218.33 8,733.21 0.04 40 LOCAL VIA FLORE 422.26 16,890.21 0.08 40 LOCAL VIA JASSO 215.92 8,636.71 0.04 40 LOCAL VIA JUMILLA 806.14 32,245.48 0.15 40 LOCAL VIA MEJIA 181.17 7,246.60 0.03 40 LOCAL VIA MONTALBAN 703.88 28,155.25 0.13 40 LOCAL VIA NAYA 190.39 7,615.41 0.04 40 LOCAL VIA POLA 184.46 8,116.09 0.03 44 COLLECTOR VIA RAMOS 286.43 11,457.13 0.05 40 LOCAL VIA RAZO 186.55 7,462.12 0.04 40 LOCAL VIA SAJO 185.04 7,401.47 0.04 40 LOCAL VIA TAMARITE 227.34 10,002.90 0.04 44 COLLECTOR VIA VELIS 182.99 8,051.39 0.03 44 COLLECTOR WEDGE WY 490.41 19,616.34 0.10 40 LOCAL WINGED FOOT ST 358.31 14,332.55 0.07 40 LOCAL 104,609.42 4,238,689.36 19.911 1 ITEM NO. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Professional Services Agreement - RBF Consulting Preparation of Construction Plans, Specifications, and Estimate 1-15/SR-79S Ultimate Interchange - Project No. PW04-08 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Avlin R. Odviar, Senior Engineer RECOMMEN DATION: That the City Council: 1. Approve the Professional Services Agreement with RBF Consulting in an amount not to exceed $2,032,600.00 for the preparation of construction Plans, Specifications, and Estimate of the Interstate-15 / State Route 79 South Ultimate Interchange, Project No. PW04-08; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $203,260.00, which is equal to 10% of the agreement amount. BACKGROUND: The consistent backup of vehicles at the Interstate-15 / State Route 79 South Interchange has long been a concern for officials of the City of Temecula, County of Riverside, and Caltrans. Following interim improvements constructed by the County in 1999, the City initiated development of the ultimate interchange configuration when it hired RBF Consulting (RBF) to prepare the Project Study Report (PSR). Approved by Caltrans in 2004, the PSR examined several alternatives. For the next stage of project development, RBF was retained by the City and prepared the Project Report (PR) and Environmental Document (ED). Approval is expected in December 2008. The Design Phase involves the preparation of construction Plans, Specifications, and Estimate (PS&E). As the firm which prepared the Project Study Report, Project Report, and Environmental Document, RBF is the most qualified firm to design the project in accordance with City and Caltrans requirements. RBF has invaluable first-hand project experience and an unsurpassable depth of project knowledge dating back to the year 2000. FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years 2009-2013. Funding sources include Community Facilities District (Crowne Hill), Reimbursements/Other (Morgan Hill), Senate Bill 621, Transportation Uniform Mitigation Fee (TUMF), and the Safe, Accountable, Flexible, Efficient, Transportation Equity Act- Legacyfor Users (SAFETEA - LU). Adequate funds are available in the project design account (210-165-662-5802) to fund the contract amount of $2,032,600.00 plus the contingency amount of $203,260.00 for a total cost of $2,235,860.00. ATTACHMENTS: 1. Project Location 2. Project Description 3. Professional Services Agreement - RBF Consulting PROJECT LOCATION Project Title: INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE o SP~T~AC'pt;p L LITA RC ~ F Z a ~O A ~~50 v O VIA HoFR? 4 O C,q$ ~tiOC o ~ R~L~p4VF~F ~i~ GpRR/p co vALLEJo N AV A .yl Q ciy~ T~M~GULAp4C1` CG GELIN E C 7 LA~~p LN y GPN'1N0 ~STF030 50 PROJECT DESCRIPTION Project Title: INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PRIORITY: Project Type: Circulation Description: Construct a ramp system that will improve access to Interstate-15 from Temecula Parkway/State Route 79 So uth to accommodate traffic generated by future development of the City's General Plan land use and regional traffic volume increases forecast for the year 2030. The project is needed because projected traffic volume increases will exceed the capacity of the existing interchange improvements constructed by Riverside County Transportation Department in 1998. Department: Public Works - Account No. 210.165.662 Scope of Project: Project will include the right-of-way acquisition, design, and construction of an improved interchange system. Benefit: Project will improve circulation, freeway access and level of service at the Interstate-15 and Temecula Park way/State Route 79 South intersection. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 137,936 $ 114,400 $ 292,500 $ 544,836 Acquisition $ 7,413,993 $ 7,413,993 Construction $ 104,088 $ 19,448,590 $ 19,552,678 Construction Engineering $ 540,000 $ 540,000 Design $ 463,854 $ 2,657,271 $ 3,121,125 Environmental $ 70,000 $ 70,000 MSHCP $ 980,000 $ 980,000 Totals $ 8,119,871 $ 2,841,671 $ 21,261,090 $ - $ - $ - $ 32,222,632 Source of Funds: CFD (Crown Hill) $ 502,211 $ 502,211 Indian Gaming MOU $ 8,738,267 $ 8,738,267 Reimbursements/Other (Vlorgan Hill) $ 1,190,582 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $ 2,075,078 $ 2,741,671 $ 5,022,823 $ 9,839,572 TUMF* $ 4,352,000 $ 100,000 $ 5,900,000 $ 10,352,000 Total Funding: $ 8,119,871 $ 2,841,671 $ 21,261,090 $ - $ - $ - $ 32,222,632 Future O & M Cost: $ 6,000 Annually *TLTW funding has been approved as established by ROTC Agreement 06-72 for $4,452,000 51 AGREEMENT FOR PROFESSIONAL ENGINEER SERVICES BETWEEN THE CITY OF TEMECULA AND RBF Consulting PW04-08 Interstate-15/State Route 79 South Ultimate Interchange THIS AGREEMENT is made and effective as of December 16, 2008, between the City of Temecula ("City"), a municipal corporation, and RBF Consulting ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 16, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 16, 2010, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the Agreement for three (3) years additional term(s). In no event shall the Agreement be extended beyond three (3) years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area, published monthly by the United States Bureau of Labor Statistics. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement 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 Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT. Revised 10/16/08 a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two million thirty two thousand six hundred dollars and no cents ($2,032,600.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consulant for the performance of said services. C. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed thirty thousand dollars and no cents, ($30,000.00), or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. 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 Consulant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant, at least ten (10) days prior, written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall 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 above. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. 2 Revised 10/16/08 b. If the City Manager, or his delegate, determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City, and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense $ Revised 10/16/08 (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the Agreement, 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 [Select], its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' 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, Workers' Compensation Insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant profession. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 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) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions 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. 4 Revised 10/16/08 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, 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, 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, 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 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, 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. 5) Each insurance policy required by this Agreement shall be endorsed to state: "Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." 6) If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City, via certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct Revised 10/16/08 of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 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 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. 6 Revised 10/16/08 To City: Mailing Address. City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Physical Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: RBF Consulting 14725 Alton Parkway Irvine, CA 92618 Attention: Bo Burick, Vice President 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 Consultant, or Consultant's sub-contractors for this project, during his/her tenure, or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party 7 Revised 10/16/08 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. $ Revised 10/16/08 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: By: Peter M. Thorson, City Attorney CONSULTANT BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) Name of Contact Person at Company: Bo Burick, Vice President Mailing Address of Company: RBF Consulting, 14725 Alton Parkway. Irvine, CA 92618-2027 Telephone No. of Company: (949) 855-5733 Facsimile No. of Company: (949) 330-4130 g Revised 10/16/08 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: Revised 10/16/08 EXHIBIT B PAYMENT RATES AND SCHEDULE 2 Revised 10/16/08 PW04-08 INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE EXHIBIT A SCOPE OF WORK This Scope of Work has been prepared by RBF Consulting (CONSULTANT) and consists of developing approved construction documents (Plans, Specifications and Estimate) for the improvement of the 1-15/SR-79 South Interchange in the City of Temecula (City) between 1-15 Postmile (PM) 3.0 and PM 4.0. In general, this project proposes the following improvements: Southbound 1-15 Ramps: The existing southbound ramps to SR-79 South will be eliminated and replaced with a new far side exit loop ramp which is paired with a new southbound entrance ramp which will intersect SR-79 South opposite the existing Front Street intersection. The southbound exit will be reconfigured to provide a two (2)-lane exit with 1,300 feet of auxiliary lane preceding the exit. A new bridge structure will be constructed over SR-79 South to accommodate the new southbound exit ramp configuration. 2. Northbound 1-15 Ramps: The northbound exit ramp will be widened to provide four (4) lanes at the ramp intersection. The northbound entrance ramp will be widened to provide three (3) lanes at the ramp intersection and a three-lane ramp meter entrance to 1-15. 3. SR-79 South: The project includes elimination of the sidewalk, curb and gutter, and parkway on the south side of SR-79 South through the interchange area and pavi ng/restri ping to provide three (3) through lanes and two (2) left turn lanes in each direction of travel. The Scope of Work assumes the project will be designed in conformance with Alternative No. 6 proposed in the approved Draft Project Report (EA 432300). It is understood that the preparation of plans, specifications and estimate (PS&E) will be initiated prior to approval. TASK 1 - PROJECT MANAGEMENT (WBS 100) PROJECT MANAGEMENT - PS&E COMPONENT (WBS 100.15) This task covers project management services including the requirements for meetings, schedules, progress reports, and administration of CONSULTANT's work. 1.1 Management/Administration (WBS 100.15.99) Following are administrative duties, which shall be performed by CONSULTANT during the PS&E phase: Supervise subcontractors and staff, coordinate and monitor work for conformance with Caltrans standards and policies; Prepare, circulate, and file correspondence and memoranda as appropriate; Maintain project files in accordance with the Caltrans Uniform Filing System; Develop and maintain Project Charter, Communication Plan and Risk Management Plan. Deliverables: Management/Administration Support, Project Charter, Communication Plan, and Risk Management Plan Page 1 of 33 1.2 Project Meetings (WBS 100.15.99) Meetings with affected parties shall be held to discuss issues pertinent to analysis, design, and effects of the Project. During these meetings, the City and Caltrans may provide direction for development of the PS&E. CONSULTANT will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. CONSULTANT shall participate in the following meetings: Project Development Team (PDT) Meetings with the City and Caltrans shall be held as needed (up to a maximum of 20 meetings) to discuss policy, procedural and project-specific issues. CONSULTANT shall bring progress plans as appropriate. No special presentation materials shall be required. Agency Coordination/Technical Workshop Meetings shall be held to discuss technical issues with specific agencies. CONSULTANT shall participate in a maximum of 15 meetings. CONSULTANT shall bring progress plans as appropriate. No special presentation materials shall be required. Collateral material may be black and white. Right of Way Coordination Meetings shall be held before starting work between the City, Caltrans District 8 R/W Engineering, and CONSULTANT. Thereafter progress meetings (up to a maximum of 5 meetings) shall take place between CONSULTANT and the Chief at District 8. Deliverables: Notices, Agendas, Handouts, Minutes, Action Items, Progress Plans 1.3 Project Schedule (WBS 100.15.99) CONSULTANT shall submit a project schedule thirty (30) days after Notice to Proceed for review and approval by the City. At the formal initiation of the PS&E phase with Caltrans District 8, the schedule shall be submitted to the Caltrans Project Manager and revised as necessary. The CONSULTANT will include the following elements in the schedule: Work items and deliverables identified in accordance with a Work Breakdown Structure (WBS) as developed by CONSULTANT and approved by the City. The WBS will be based upon the Caltrans WBS Release 9.1; Work items of agencies and other third parties that may affect or be affected by CONSULTANT's activities; The schedule shall include all data necessary to represent the total project; The order, sequence, and interdependence of significant work items shall be reflected on the schedule; The following list of major tasks shall be used to develop the project schedule: Task 1 - Project Management (WBS 100) Task 2 - Prepare Base Maps and Plan Sheets (WBS 185) Task 3 - Utility Relocation (WBS 200) Task 4 - Right of Way Engineering (WBS 220) Task 5 - Prepare Draft PS&E (WBS 230) Page 2 of 33 Task 6 - Draft Structures PS&E (WBS 240) Task 7 - Final Structures PS&E Package (WBS 250) Task 8 - Circulate, Review and Prepare Final District PS&E Package (WBS 255) Major tasks will be broken down into subtasks as warranted. Monthly schedule updates will be part of the Progress Report (Task 1.4). Deliverables: Project Schedule and Monthly Updates 1.4 Progress Reports (WBS 100.15.99) At the end of each month, CONSULTANT shall report the progress of the work. Monthly progress reports will be prepared to document progress on the Project. The report will consist of the following: Work accomplished during the report period; Work anticipated during the next reporting period; Issues and impacts; Updated schedule. Deliverables: Monthly Progress Report 1.5 Quality Control I Quality Assurance (QC /QA) (WBS 100.15.99) CONSULTANT shall prepare a QC/QA Plan and maintain a QC/QA Program throughout performance of the services under this Agreement. The QC/QA Program is intended to ensure that the reports, plans, studies, estimates, and other documents submitted under the Agreement are complete, accurate, checked, and proofread to meet professional engineering practices in effect at the time of execution of the Agreement. The following quality control elements are required by CONSULTANT throughout the preparation of PS&E for the project. 1. Provide independent checking and verification of all calculations. 2. Provide independent checking, correction, and back checking for all plans. Plans shall be marked clearly as being checked, signifying that the preparation of the material followed the QC/QA Program established for the project. 3. Route pertinent project related correspondence and memoranda to affected personnel and bind in appropriate project files. 4. Establish appropriate means to avoid conflicts and misalignments between both new and existing improvements, particularly where several drawings show different elements of work in the same area. 5. CONSULTANT shall identify critical QC/QA reviews within the project schedule. 6. The QC/QA Program shall include a procedure where each deliverable is certified by the Project Manager as being prepared and checked in accordance with the approved QC/QA Program. Deliverables: QC/QA Program, QC/QA Plan Page 3 of 33 TASK 2 - PREPARE BASE MAPS AND PLAN SHEETS (WBS 185) 2.1 Update Project Information (WBS 185.05) CONSULTANT will collect existing topographic maps, as-built drawings, reports, and other available materials. CONSULTANT will request data from the City, Caltrans, and other agencies, as appropriate. Deliverables: Updated Project Information 2.2 Engineering and Photogrammetric Surveys (WBS 185.10.50, 185.10.55, 185.10.65, 185.10.70) Aerial Topography Quality Control Survey: CONSULTANT will perform field surveying to quality control check the existing topographic mapping prepared in 2045. A minimum of 20 horizontal and vertical points per stereo model will be collected and analyzed in comparison to the existing topographic mapping and digital terrain model. A summary report will be prepared and submitted to the Office of Photogrammetry, California Department of Transportation documenting the suitability of the existing data for support of PS&E. The basis of horizontal control will be North American Datum 1983. The basis of vertical control will be North America Vertical Datum of 1988. Engineering Survey: CONSULTANT will provide field surveying to facilitate the preparation of the design documents and will submit all design survey calculations and notes to the City, upon request. The limits of the engineering survey includes the following: 1) SR-79 South from Old Town Front Street to Bedford Court, 2) northbound 1-15 exit ramp, 3) northbound 1-15 entrance ramp, 4) northbound 1-15 from the entrance ramp gore area to the point at which the ramp completely merges with 1-15, 5) southbound 1-15 from the proposed exit ramp gore area to the northerly limit of the proposed auxiliary lane, and 6) southbound 1-15 from the proposed entrance ramp gore area to the point at which the ramp completely merges with 1-15. The notes and calculations used to compile topographical information and the culture notes indicating specific locations of all existing facilities and obstructions within the project right of way will be submitted. Upon receipt of the Survey Control Data from Caltrans, CONSULTANT shall verify the physical existence of the Monumented Control Points and, if necessary, re-establish and supplement such Control Points. This task assumes that sufficient Monumentation will be locatable in order for the survey to be completed. If additional surveys are required to complete the survey due to a lack of viable existing Monumentation, CONSULTANT and City will review the status of the survey to determine the need for an increase in the fee and whether additional fee authorization to complete the survey is appropriate. Surveys shall be performed in accordance with the current Caltrans Surveys Manual and its revisions. Work not covered by the Manual shall be performed in accordance with accepted professional surveying standards. All work and files will be based on project coordinate control and in accordance with Caltrans Surveys and Right of Way Manuals, and Caltrans District 8 Right of Way Engineering Requirements for the Preparation of Documents and Maps. The basis of horizontal control will be North Page 4 of 33 American Datum 1983. The basis of vertical control will be North America Vertical Datum of 1988. Design surveys will include the following tasks: • Provide locations of centerline monuments for determination of the roadway right of way. • Conduct detailed field surveys of existing streets and drainage features. • Survey cross sections and tie-in surveys to ensure accurate design fit and smooth transitions from existing roadway and infrastructure features. • Coordinate with Design Engineer to survey appropriate details of the structural features of the 1-15/SR-79 South bridges, as needed. • Survey sixty (60) utility potholes to verify utility locations. Consultant will verify engineering and photogrammetric survey results and transmit them in Microstation 3d formatted files. Surface files will be formatted in the Inroads DTM format, and supporting data files will be delivered as ASCII point files. Traffic control shall be provided in accordance with Caltrans Standard Plans for any lane or shoulder closures that will be required to collect supplemental survey data along the state highways. CONSULTANT will obtain permits necessary to perform surveys. Deliverables: Engineering and Photogrammetric Surveys 2.3 Preliminary Engineering (35% Submittal) (WBS 185.15.05) Geometric Approval Drawings will be prepared by the CONSULTANT and approved by Caltrans District 8 during the Project Approval/Environmental Document (PA/ED) phase. Preparation of a 35% Submittal package is excluded from this scope of work. The first PS&E submittal will be the 65% PS&E package. Deliverables: None 2.4 Supplemental Design Exception Reports (WBS 185.15.15) CONSULTANT will prepare a Supplemental Design Exception Report, if applicable, for any additional nonstandard mandatory or advisory design standards that were not identified in the PANED phase of the project. Deliverables: Supplemental Design Exception Reports 2.5 Preliminary Cost Estimate (WBS 185.15.99) The first update of the project cost estimate will be performed under Task 5.4 as part of the preparation of the Draft PS&E 65% submittal. Deliverables: None Page 5 of 33 2.6 Conceptual Landscape Plan (WBS 185.15.99) CONSULTANT will prepare a concept landscape plan at a scale of 1"=50' depicting planned planting for areas disturbed by the grading and construction activities. Planting will be on a "replace in kind" basis and will not entail an elaborate, thematic approach of new landscaping. This task will also include research and investigation of existing features, field review, attendance at two (2) landscape concept meetings, and preliminary cost estimate preparation. Deliverables: Concept Landscape Plan 2.7 Storm Water Data Report (WBS 185.20.99) In accordance with current Caltrans standards (March 2007), a Storm Water Data Report (SWDR) shall be prepared for this phase of the project. The SWDR prepared for the PA/ED phase of the project will be updated for the PS&E Phase. The SWDR will be prepared as a second order of work during the PS&E Phase based on the approved Geometric Approval Drawings. Specific objectives of the SWDR include: Define storm water quality issues and pollutants of concern. Form the Project Development Team (PDT), including the District/Regional National Pollutant Discharge Elimination System (NPDES) Storm Water Coordinator. Evaluate potential storm water impacts. Develop a list of potentially feasible permanent storm water Design Pollution Prevention and Treatment BMPs to be evaluated during project design. Develop the preliminary costs for BMPs. Discuss the project with the Regional Water Quality Control Board (RWQCB) and local agencies, if advised by the District/Regional NPDES Storm Water Coordinator or requested by the RWQCB. Program the project construction costs. The SWDR will be signed by the Project Engineer, the District/ Regional Design Storm Water Coordinator, the designated Landscape Representative, and approved by the Project Manager to verify that storm water quality design issues have been addressed, and the data is complete, current, and accurate. Deliverables: Draft/Final Storm Water Data Report 2.8 Hydrology and Hydraulic Report (WBS 185.20.10) CONSULTANT will prepare a Hydrology and Hydraulics Report to analyze the proposed design. Both on-site and off-site systems to be modified will be considered and discussed in the report. CONSULTANT shall conduct an analysis to determine the impacts this Project has on the natural drainage patterns. This analysis will incorporate the use of available information from the local city, Caltrans and the Riverside County Flood Control and Water Conservation District. CONSULTANT will prepare a preliminary drainage report utilizing data from prior hydrology/drainage investigations in the area. Hydrology Page 6 of 33 studies for existing off-site systems, regional drainage facilities and Caltrans cross- culverts will be referenced from existing agency Hydrology Reports and new hydrology studies for these offsite systems are not included in the scope of work. CONSULTANT will analyze existing drainage sub basins and summarize changes in drainage patterns that will occur from the proposed improvements. Included in the report will be recommendations for off-site and on-site improvements such as structures needed at pipe culverts, inlet and outlet locations, culvert extensions, erosion control measures and other storm drainage controls. A hydrology map will be prepared using available aerial photography and mapping. The hydrology map will summarize the local drainage by indicating drainage subareas, existing and proposed storm drainage facilities, drainage patterns, times of concentration and preliminary design year flow rates. Existing off-site hydrology for the cross-culverts of 1-15 and regional drainage facilities will be referenced from previous drainage studies and will not be updated or verified for this Project. Previous reports will be utilized to determine hydraulic control for any new storm drain facilities that may be connected to these existing cross-culverts and regional facilities. In the absence of such information, best professional judgment will be used to establish the required hydraulic controls. Based on this data, deficiencies in the existing drainage systems will be identified; however deficiency upgrade of any existing cross-culverts, off-site or on-site drainage facilities, is considered outside the scope of the project and is not included in the design fee estimate. A hydrology analysis will be performed for the proposed roadway improvements. The results will be used to design the proposed drainage systems. The Hydrology and Hydraulics Report will generally contain the following: project location map, project description, evaluation of runoff characteristics and flow patterns, description of existing and proposed facilities, description of unusual or special conditions, hydrology map, on-site hydrology calculations, on-site and impacted regional facilities hydraulic calculations and other hydrologic data and calculations deemed appropriate by the CONSULTANT. Deliverables: Draft/Final Hydrology and Hydraulic Report 2.9 Life-Cycle Cost Analysis for Pavement (WBS 185.20.99) Per Caltrans Memorandum dated March 7, 2007, Life-Cycle Cost Analysis (LCCA) for pavement shall be performed and documented for all projects that have a project approval date of July 1, 2007, or later. An LCCA will be prepared by the CONSULTANT and approved by Caltrans District 8 during the PANED phase. In accordance with Caltrans guidelines, it is assumed that an update of the LCCA will not be required for the PS&E phase. The results of the approved LCCA from the PA/ED phase will be incorporated into the development of the Materials Report. Deliverables: None Page 7 of 33 2.10 Pavement Design Report (WBS 185.20.20) CQNSULTANT's subconsultant, EMI, will conduct a Pavement Rehabilitation Study (PRS) to evaluate the integrity of existing roadway within the project limits. The study area includes: SR-79 South from Front Street to Bedford Court 1-15 northbound exit ramp (gore area) to SR-79 South 1-15 northbound entrance ramp (gore area) to SR-79 South Mainline pavements are specifically excluded from this scope of work because rehabilitation of mainline pavements is considered beyond the scope of the project. Pavement Cores: Coring data will be obtained, which will measure the thickness of the existing pavement structural sections. Pavement Deflection Testing: Non-destructive pavement deflection data will be gathered from each through traveled lane at 50-foot intervals using the JILS Falling Weight Deflectometer, imposing a series of 9,000-pound loads per California Test Method 356. Data obtained will include ten (10) sensor readings recorded within the deflection basin at each test point. Pavement deflection sensors are generally spaced 6" to 12" on center, defining the specific pavement deflection basin under loading. During deflection testing operations, notes of visual pavement conditions and/or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Correlating data will include pavement temperature and GPS documentation at each test location. Analysis and PRS Report: Field data collected will be collected for computer modeling and analysis. Data analysis will provide a typed tabulation of all deflection measurements and field notes locating cross streets, pertinent landmarks, field conditions, etc. The tabulation will include the reading of all sensors, as well as an equivalent Traveling Deflectometer deflection at the loading point. An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) will be made. Using the traffic index provided by the project designer and existing pavement thickness information, the 80th percentile deflection response will then be compared to known pavement models. This comparison will produce overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadway studied. A Registered Civil Engineer will supervise all operations, review all completed data and incorporate results of deflection testing (previous plus present) with observed pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflection analysis will be provided. A PRS report will be prepared. This task assumes that the findings of the PRS will not expand the scope of work beyond the improvements proposed by Alternative 6 of the approved Draft Project Report. Pavement rehabilitation design work is specifically excluded from the scope of work. If additional design work is required due to the findings of the PRS, Page 8 of 33 CONSULTANT and City will review the PRS to determine the need for an increase in the fee and whether additional fee authorization to complete preparation of project PS&E is appropriate. CONSULTANT will obtain permits necessary to conduct this work. Deliverables: Pavement Rehabilitation Study 2.11 Preliminary Geotechnical Design Report (WBS 185.20.15) CONSULTANT's subconsultant, EMI, will prepare a Preliminary Geotechnical Design Report (PGR) to assist in the initial design of walls. The PGR will provide a summary of site conditions, site seismicity, and preliminary information on embankment slopes. Deliverables: Preliminary Geotechnical Design Report 2.12 Geotechnical Exploration Plan and Permitting (WBS 185.20.15) CONSULTANT's subconsultant, EMI, will prepare and submit a geotechnical review and exploration plan for local agency and Caltrans review. CONSULTANT will obtain right-of-entry and encroachment permits from Caltrans and the City prior to exploration. A Water Pollution Prevention Control Plan will accompany the Caltrans encroachment permit application, if required. Deliverables: Geotechnical Exploration Plan and Permitting 2.13 Geotechnical Design Report / Materials Report (WBS 185.20.15, 185.20.25) CONSULTANT's subconsultant, EMI, will provide geotechnical engineering design services for the following design elements: Geotechnical Field Investigation. tion. EMI's geotechnical field investigation plan includes excavating exploratory borings to investigate subsurface conditions, as listed in Table 1. TABLE 1. PROPOSED SOIL BORING INFORMATION Design Element Number of Borings Pavement 17 borings Caltrans Standard Retaining Wall on Spread Footing, Ramps, Embankment and Pavements 8 borings The borings for the proposed retaining walls, and ramps and embankments will be located near the existing ramps and freeway shoulders along the proposed ramp alignment. The borings will be excavated using a truck-mounted drill rig equipped with 8-inch diameter hollow-stem augers. Spoils generated from the boring excavations will be mixed with cement and water and used to backfill the boreholes; spoils will not be Page 9 of 33 stored in drums, tested for contaminants, or disposed of off-site by EMI. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations and quick-set cement will be used to replace cement that is removed by excavations. The boring locations and ground elevations at these locations will be surveyed and the information provided to EMI. EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags and transported to the EMI laboratory. Traffic control will be established in accordance with local city requirements, Caltrans requirements, or the W.A.T.C.H. Manual, for all borings performed on or near existing roadway and freeway lanes. Laboratory Testing. EMI will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. Anticipated laboratory soil tests include: in-place moisture and density, grain size distribution, direct shear, R-value, maximum density and optimum moisture content, and soil corrosion tests. Tests will be conducted in general accordance with California Test methods or ASTM standards Geotechnical Engineering eerin, Analysis. Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized profiles for design purposes. The following analyses will be performed for the project: Assessment of global stability and settlement of ramps and embankments. Evaluation of soil corrosivity conditions and recommendations for mitigation measures. Pavement structural section design in accordance with the Caltrans method. In addition, EMI will provide earthwork recommendations for proposed improvements including depth of remedial removals based on data from field and laboratory tests. Report Preparation. EMI will prepare separate reports, as described in Table 2. TABLE 2. DELIVERY OF REPORTS FOR DESIGN Design Element Delivery Caltrans Standard Retaining Wall on Spread Footing, Ramps, Embankment and Pavements. (1) Geotechnical Design Report (GDR) (2) Materials Report (MR) The GDR will be prepared in accordance with the Caltrans GDR guidelines dated December 2006. The MR will be prepared in accordance with Topic 114 of the Page 10 of 33 Caltrans Highway Design Manual and CT 130. The reports will summarize the findings of the field investigation and laboratory tests, results of the geotechnical engineering analyses and present recommendations for the proposed improvements. The GDR and MR will include letter-size boring logs for soil borings performed for retaining walls, ramps, and embankments, and structural pavement sections. Copies of each report (GDR and MR) will be provided for distribution and review. Review comments related to geotechnical issues will be addressed by EMI in letter responses. Upon approval of all responses, EMI will incorporate responses and comments into final reports. Copies of each final report will be provided for distribution. Deliverables: Draft and Final GDR and MR 2.14 Utility Conflict Maps (Utility Research and Potholing) (WBS 185.25.30) CONSULTANT will coordinate with the utility companies identified in the approved Draft Project Report and plot available as-built/record drawing information and data compiled for the Draft Project Report on standard Caltrans formatted Utility Location Plans. Additional utility company contacts and requests for as-built/record drawing information will be made, as necessary. Utility owners will be asked to verify the status of their facilities within the project limits. Locations of relocated utilities will be added to the Utility Location Plans upon receipt from the utility companies. CONSULTANT will coordinate and work closely with the City and utility companies to determine the need to relocate impacted lines, using Caltrans policy for high- and low- risk utilities. CONSULTANT will prepare a Potholing Location Map and perform potholing of existing utilities that are anticipated to be impacted by construction. Pothole locations will be surveyed in accordance with Task 2.2. A total of sixty (60) potholes have been assumed based on current available data. It is assumed that no "high risk" utilities, as defined in the Caltrans Right of Way Manual, are located within the project limits, which precludes the requirement for a 100-ft potholing interval for such facilities. Encroachment permits from Caltrans and the City will be obtained for potholing activities. Traffic control plans will be submitted to Caltrans and the City for each location as part of the encroachment permit process. This task assumes a maximum of two (2) coordination meetings. Deliverables: Utility conflict maps and location plans; potholing; permit approval meetings, general utility coordination. 2.15 Right of Way Requirements Maps and Coordination (WBS 185.25.15) CONSULTANT will determine right of way needs and prepare preliminary right of way requirements maps. Right of way requirements may include the need for new right of way, permanent easements, and temporary construction easements. CONSULTANT will coordinate with the City, Caltrans and other affected agencies, as appropriate. The Right of Way Requirements Map will be based on the design level of detail completed for the GAD. Page 11 of 33 Deliverables: Right of Way Requirements Map and Coordination 2.16 Aerially Deposited Lead (ADL) Report (WBS 185.20.99) CONSULTANT's subconsultant, EMI, shall test the unpaved area within the project limits for lead contamination and incorporate the results and conclusions into the PS&E package. This task shall also address the removal and disposal of yellow traffic stripes and pavement markings. The scope is based on the current Variance (dated September 22, 2000) issued by the California EPA, Department of Toxic Substance Control (DTSC) and the ADL Testing Guidance, dated March 16, 2001, prepared by Caltrans. Field Investigation. According to Caltrans guidance, soil samples should be collected from depths where soils will be excavated along the freeway mainline and at the ramps. The boring and soil sampling depth for ADL content testing will be limited to a depth of 3 feet. If soil samples are found to contain high levels of lead, additional sampling and testing will be required at greater depths. The maximum depth of additional sampling would not exceed the bottom of project excavation depths. The additional soil sampling and testing are not included in this scope of work. At a horizontal spacing of approximately 500 feet, EMI will excavate no more than 35 shallow borings. Borings will be excavated using either a 3-inch diameter stainless steel hand-auger or truck mount drill rig. Near-surface soil samples will be collected approximately at 6, 12, 24 and 36-inch depths from each boring. The hand-auger will be triple rinsed to decontaminate the stainless steel sampler before collecting each soil sample. The cuttings (mixed with rinsate) will be used to backfill the boreholes. Yellow traffic stripes will be sampled at up to 5 locations within the on and off ramp areas. Damaged locations will not be repaired. Laboratory Testing. EMI will forward soil samples to a California Certified analytical laboratory for testing. The laboratory testing program will include: Total Lead content testing of all samples; Soluble Lead content testing (California WET method using citrate) of 10% of all samples (assumed to contain more than 50 mg/kg and less than 1,000 mg/kg Total Lead); pH testing of 10% of all samples; Soluble Lead content testing (California WET method using de-ionized water) of 10% of all samples (samples exceeding 350 mg/kg Total Lead); and, Soluble Lead testing using TCLP method of 5% of all samples (assumed to contain more than 1,000 mg/kg Total Lead). Report Preparation. A letter report, summarizing the findings of the ADL investigation, will be prepared. The report will include the results of laboratory tests, results of statistical analysis, and recommendations related to handling the on-site soils excavated during construction. Deliverables: Aerially Deposited Lead Report 2.17 Structure Site Plans (WBS 185.30.10) CONSULTANT shall prepare Bridge Site Data Submittal (BSDS) Forms for (1) bridge structure in accordance with the Caltrans OSFP Information and Procedures Guide. Page 12 of 33 Deliverables: Bridge Site Data Submittal Forms 2.18 Structure Aesthetics Exhibits (WBS 185.15.99) CONSULTANT will prepare exhibits depicting structure aesthetic considerations for consistency in design and visual appearance in the interchange. No special bridge structure aesthetic treatments are planned. It is also assumed that special thematic treatments for retaining walls are not required. This task will only define the standard type aesthetic elements for the bridges and walls. (e.g., wall fracture rib texture, bridge barrier rail, etc.) The exhibit shall show bridge and barrier in elevation view and a cross section of the barrier rail. Deliverables: Structure Aesthetic Exhibits TASK 3 - UTILITY RELOCATION (WBS 200) APPROVED UTILITY RELOCATION PLAN (WBS 200.15) CONSULTANT will transmit reference design plans throughout the design process to the utility companies requesting them to coordinate any adjustments and relocations. It is assumed that CONSULTANT will perform relocation design for the 18-inch and 20-inch sewer force mains owned by Eastern Municipal Water District and located in the southwestern quadrant of the interchange. Otherwise, it is assumed the utility companies will perform relocation design for their own facilities. Any necessary utility relocation plans will be not be part of the PS&E package developed by CONSULTANT. If necessary, CONSULTANT will conduct a utility relocation feasibility study to evaluate existing systems and determine conceptual realigned positions in plan view to be provided to the utility company for their use in developing the actual relocation design plans. CONSULTANT will coordinate with the utility companies for providing service points of connection and extension of utility facilities required to any new points of connection, facilitate design development and ensure consistency with roadway and utility relocation design elements and identify areas of proposed utility facilities in the areas of project improvements. Preparation of any plan required to extend utility services to the designated service point connection is assumed to be provided by the utility company. For relocated utilities, the City will provide the prior rights determination and will also prepare a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA) for each prior right utility relocation within State right of way. URA's will also be prepared by the City for non-prior rights utility relocations. CONSULTANT will review Utility Relocation Plans and agreements, if applicable, received from the utility companies for conformance to project needs. CONSULTANT will attend Project Team Meetings with the City, Caltrans, utility companies and other participating agencies. This task is based on four (4) meetings with various utilities. Per the Right of Way Data Sheet in the Project Report, the scope of the anticipated utility relocations includes seven (7) Southern California Edison overhead power poles, 1,200 feet of Page 13 of 33 18-inch sewer force main, and 1,204 20-inch sewer force main. The sewer force mains are owned by Eastern Municipal Water District. If additional work is required due to the need for additional utility relocations, CONSULTANT and City will determine the need for an increase in the fee and whether additional fee authorization to complete preparation of project PS&E is appropriate. It is assumed that CONSULTANT will perform relocation design for the 18-inch and 20-inch sewer force mains owned by Eastern Municipal Water District and located in the southwestern quadrant of the interchange. Otherwise, this task assumes all other existing wet utilities will remain in place and will not require a longitudinal encroachment from Caltrans, or will be relocated by others. If additional utility coordination effort or utility location design work is required due to a required relocation of a utility, CONSULTANT and City will review the need for an increase in the fee and whether additional fee authorization to complete preparation of project PS&E is appropriate. Deliverables: Utility relocation feasibility study, if needed; utility relocation design, utility meetings, general utility coordination. TASK 4 - RIGHT OF WAY ENGINEERING (WBS 220) In compliance with Caltrans Right of Way procedures and guidelines CONSULTANT shall perform the following tasks to develop the existing right of way and centerline data: 4.1 Perform Record Data Search (WBS 220.05) Search, acquisition, and analysis of appropriate deeds, field notes, and survey maps contained in State, County, and City files. Deliverables: Record Data Search 4.2 Acquire Title Reports (WBS 220.15) Acquire title reports for all parcels impacted by proposed R/W fee and easement takes. Deliverables: Title Reports 4.3 Perform Land Net Recovery and Field Ties (WBS 220.05) Field and related survey effort necessary to search, recover, describe, and tie in controlling land survey monuments. Deliverables: Land Net Recovery and Field Ties 4.4 Prepare Land Net Map - "Before Condition" Record of Survey (WBS 220.05) This activity is required by the Professional Land Surveyors Act and involves the production and filing of the "Before Condition" Record of Survey. Existing right of way surveying and "Before Condition" Record of Survey is limited to those specific reaches in the southwest quadrant of the interchange where right of way fee acquisition has been defined in the Draft Project Report. Page 14 of 33 Deliverables: Land Net Map 4.5 Perform Monument Perpetuation Surveys (WBS 220.05) This activity is required by the Professional Land Surveyors Act and includes: Preparation of lists of monuments threatened with destruction Referencing threatened monuments with tie-outs for perpetuation through construction Setting replacement monuments after construction to effect said perpetuation All reset replacement monuments shall meet the requirements described in the subtask "Final Monuments" later in this scope of work. Final monumentation is limited to the setting of monuments for new right of way acquisitions or monuments destroyed during construction. Setting of monuments omitted or missing unrelated to construction activities is excluded from the scope of work. The "Before Condition" Record of Survey shall be the instrument on which tie-outs are documented prior to construction. In the cases where swing ties or tangent over ties are the method of tie-out, each monument tied out using these methods shall clearly be shown as a separate "Detail" on the "Before Condition" Record of Survey. Deliverables: Monument Perpetuation Surveys 4.6 Right of Way Acquisition Coordination (WBS 220.15) Coordinate with City's right of way appraisal and acquisition agents to provide information on project features and impacts related to the right of way acquisition. This would also include interpreting plans and assisting the agent in answering technical questions from the property owners related to the proposed improvements. Deliverables: Right of Way Acquisition Technical Support 4.7 Right of Way Appraisal Maps (WBS 220.20) CONSULTANT will prepare Appraisal Maps at 1"=50' scale to facilitate the acquisition of two (2) fee parcels, three (3) permanent easements, and one (1) temporary construction easement necessary for the construction of the project. The Appraisal Maps will cover the area sufficient to fully depict the acquisition parcels and shall be prepared in conformance with the Caltrans Right-of-Way Manual. Appraisal Maps will not be prepared for the entire project limits. Deliverables: Right of Way Appraisal Maps 4.8 Miscellaneous Right of Way Maps (WBS 220.20) CONSULTANT will prepare miscellaneous Right of Way Maps that may be required such as Resolution of Necessity Maps, Directors Deed Map, Relinquishment Map, Vacation Map and Transfer Control and Possession Map. As it is unknown at this time if any of these maps will be required dependant on the direction any particular Right of Page 15 of 33 Way parcel acquisition takes, CONSULTANT has assumed a total of five (5) separate Maps to be prepared under this task. Deliverables: Five (5) Miscellaneous Right of Way Maps. 4.9 Legal Descriptions and Exhibits (WBS 220.20) CONSULTANT will prepare legal descriptions with accompanying exhibits to be used in conjunction with Grant Deed and/or easement deed language prepared by the City in the acquisition of fee parcels. The following acquisitions are anticipated: (2) partial acquisitions (City parcel and ARCO Gas Station); • (1) temporary construction easement at the ARCO Gas Station; (1) access easement through the ARCO Gas Station; • (1) utility easement (7) relocated SCE overhead power lines; • (1) utility easement (2) relocated EMWD sewer lines; (3) exhibits to support the preparation of a JUA, URA or CCUA, as appropriate; There are a total of nine (9) legal descriptions, including exhibits, estimated for this proposal. Deliverables: Legal Descriptions and Exhibits. 4.10 Parcel Files (WBS 220.20) A parcel file will be prepared for each Right of Way fee or easement take. Deliverables: Parcel Files TASK 5 - PREPARE DRAFT PS&E (WBS 230) CONSULTANT will prepare Draft PS&E packages for 65% and 95% review submittals. The 65% and 95% Draft PS&E packages will be based upon the Geometric Approval Drawings approved by Caltrans District 8 during the PA/ED phase. The 65% and 95% Draft PS&E packages will be submitted to the City and Caltrans District 8 for review and comment. 5.1 Draft Roadway Design Plans (65% Submittal) (WBS 230.05, 230.10, 230.15, 230.30) All plan types shall be completed in conformance with the latest available design, drafting, policy and procedure manuals of Caltrans. The following is a listing of plan sheets with corresponding English scale: Roadway Design Plan Sheets Plan Sheet Scale Title Sheet 1 1" = 1000' Typical Cross Sections 5 Varies Key Ma and Line index 1 1"=200' Layout Plans 7 1 "=50' Profile and Su erelevation Plans 12 1"=50'H, 1"=10'V Page 16 of 33 Roadway Design Plan Sheets Plan Sheet Scale Construction Details (including Removal Plans 14 1 "=20', Varies Stormwater Pollution Prevention Plans 9 1 "=50' Contour Grading Plans 7 1 "=50' Drainage Plans 7 1 "=50'H Drainage Profiles 5 1"=50'H, 1"=10'V Drainage Details 14 Varies Drainage Quantities 6 N/A Sanitary Sewer Title Sheet 1 No Scale Sanitary Sewer Plan and Profiles 4 1 "=40'H, 1 "=4'V Sanitary Sewer General Notes 1 Varies Sanitary Sewer Construction Notes and Quantities 1 NIA Sanitary Sewer Details 2 Varies Temporary Drainage System Plans 5 1 50'/ Varies Utility Location Plans 7 1 "=50' Stage Construction and Traffic Handling Plans 70 1 "=50'/ Varies Construction Area Signs 1 No Scale Pavement Delineation Plans 12 1 "=50' Sign Plans 18 1 "=50' Retaining Wall Plans (Standard Design) - RW 171 & 173 2 1 "=20`H; 1 "=20'V Summary of Quantities Sheets 3 N/A Highway Planting Plans 9 1"=50' Highway Irrigation Plans 9 1"=50' Traffic Electrical - Signal and Lighting Plans 6 1 "=20' Traffic Electrical - Lighting and Sign Illumination Plans 10 1"=50' Traffic Electrical - Ram Metering System 2 1 "=50' TOTAL ROADWAY SHEETS: 251 Note that the professional fees established for the various types of plans are based on the following: All plan types for all phases will be prepared in Caltrans plan format. All Plans will be prepared in English units. It has been assumed that Aerially Deposited Lead (ADL) handling plans will not be required for the project since it is anticipated that ADL will not be found in significant quantities within the project limits. Layout/Contour Gradinq Plans. The layout and contour grading plans will include provision of a gravel (unpaved) access road from the ARCO gas station to the Eastern Municipal Water District (EMWD) lift station located in the southwest quadrant of the interchange. The road will be approximately 15-ft wide and will be located immediately adjacent to State right of way starting from the ARCO gas station for an approximate length of 1,300 feet. The access road will be coordinated with the City and EMWD. Drainage Plans. The drainage plans will include the relocation of facilities, extension of local drainage cross culverts, and construction of new inlets. The improvements include the relocation and/or modification of existing inlets and appurtenant facilities resulting from the widened roadways and realigned ramps. The scope of the drainage plans is based on utilization of existing cross culverts and downstream drainage Page 17 of 33 systems for tying in new or relocated drainage systems or extending existing systems. Analysis or upgrade of any deficient existing off-site or on-site drainage facilities is not included in the Scope of Work. Transverse pavement flow depths that may exceed Caltrans standards due to the widened cross-section of 1-15 may require special roadway design to remedy (e.g., pavement overlays to steepen cross slope on the existing pavement), which is excluded from this scope of work. Any improvement plans for offsite upstream or downstream local facilities and regional drainage facilities are specifically excluded from the scope of work. Drainage systems outside the project limits will not be modified in any manner. Upgrading of deficient existing cross-culverts, on or off site systems has not been included in the fee proposal. Preparation of subsurface drainage plans such as: edge drain plans, edge drain profiles, edge drain details and quantities, etc. are excluded from this scope of work. Temporary drainage systems required due to stage construction will be included as a separate plan set. Sanitary Sewer Plans. CONSULTANT will prepare plan and profile drawings for the realignment of approximately 1,200 LF of 18" and 20" sewer force main. It is assumed that the drawings will be prepared as a separate plan that can either be bid as a park of the larger package or bid on its own. The plans will be prepared to meet Eastern Municipal Water District's standards and shall utilize the EMW D title sheet and border. Plans will be prepared in the AutoCAD platform and in English units. Plans will be submitted to EMWD at the 65%, 95% and 100% completion stages for review. All comments will be addressed and responses returned to the District upon the subsequent review. Once approved, final plans will be plotted on mylar and delivered to EMW D for signature. Pavement Delineation Plans. CONSULTANT will prepare Pavement Delineation Plans identifying existing striping, and modifications in relation to the improvements along the freeway mainline, ramps, and SR-79 South within the project limits. Sign Plans. CONSULTANT will prepare Sign Plans identifying existing signs, installation of new regulatory, warning, and guide signs, and modifications required in relation to the roadway improvements. It is assumed that the 1-15 southbound two-lane exit ramp to SR-79 South will require two (2) overhead sign structures (one replacement and one new). It is assumed that one bridge-mounted sign will be removed from the existing 1-15 bridge structure and that a new bridge-mounted sign will be added to the 1-15 southbound exit ramp bridge structure. Additionally, it is anticipated that two (2) lightweight overhead truss sign structures will need to be installed on the northbound and southbound off ramps (one for each off ramp). Preparation of sign plans for overhead sign structures beyond the assumed quantity of four (4) is specifically excluded from this scope of work. Traffic Electrical - Ramp Lighting and Sign Illumination Plans. CONSULTANT will prepare lighting plans for the removal of the existing lighting system; the installation of new ramp lighting and sign illumination systems; and the relocation of ramp lighting on the northbound ramps. The lighting plans will include circuit wiring diagrams; plan Page 18 of 33 layouts showing lighting pole locations, type and wattage; sign illumination fixtures; pull boxes and conduit; and service locations. Temporary lighting will be addressed in the Special Provisions and separate plans will not be prepared. Traffic Electrical - Signal and Lighting Plans. CONSULTANT will prepare traffic signal and intersection lighting removal, modification and installation plans for the following intersections: SR-79S and Bedford Court (modification) 1-15/SR-79S northbound ramp intersection (modification) 1-15/SR-79S southbound ramp intersection (removal) SR-79S at Front Street intersection (removal) 1-15/SR-79S southbound ramp at Front Street intersection (install) Traffic signal and intersection lighting plans will include locations of traffic signal appurtenances, schedules, signal phasing in accordance with City and Caltrans standards and design criteria. Requirements for electrical service will be coordinated with the local electric utility owner. Maintaining the existing signals and temporary signals that may be required as a result of the stage construction activities will be addressed in the Special Provisions and separate plans will not be prepared. The plans will be prepared in accordance with the 2006 Caltrans Standard Plans and Specifications and the 2006 California Manual of Uniform Traffic Control Devices (CMUTCD). Traffic Electrical - Traffic Signal Interconnect. CONSULTANT will prepare one (1) Traffic Signal Interconnect plan for the installation conduit and twisted-pair copper cable on SR-79 South between the intersections of Front Street, Route 15 northbound off-ramp, and Bedford Court. Traffic Electrical - Ramp Metering System. CONSULTANT will prepare two (2) Ramp Metering Plans for installation of ramp metering equipment at the northbound and southbound ramps. Traffic Electrical - Fiber Optic/CCTV/CMS/TMS. It is not anticipated that the project will require preparation of fiber optic communication, closed circuit television (CCTV), changeable message sign (CMS), and traffic monitoring station (TMS) plans. Preparation of improvement plans for these design elements are specifically excluded from the scope of work. Stage Construction and Traffic Handling. Plans. CONSULTANT will prepare Stage Construction and Traffic Handling Plans for the proposed freeway/roadway improvements that will allow for the construction of the project improvements while protecting traffic and maintaining traffic flow during construction. It is anticipated that four major traffic control stages with six sub-stages will be required to complete all proposed improvements. The plan set will include stage construction index sheets that graphically show the work to be completed in each stage, stage construction and traffic handling sheets, and detour sheets for temporary closure of the ramps and SR-79 South. Page 19 of 33 The Stage Construction and Traffic Handling Plans will utilize accepted methods of lane closure delineation, signage and barricading. Specific work areas will be protected from traffic based on the construction phase, type of work and construction equipment required within the work area. The plans will be designed to maximize lane usage for all traffic movements, maintain pedestrian access routes, and provide a workable area. CONSULTANT will meet with the City and Caltrans staff to discuss the proposed construction staging, minimum lane requirements, vehicle/pedestrian restrictions, lane closures, construction work hours, construction work area required, and potential constraints that may affect the proposed improvements. The Stage Construction and Traffic Handling Plans will be prepared based on the requirements set forth in the 2006 California Manual on Uniform Traffic Control Devices (MUCTD), and Caltrans 2006 Standard Plans and Standard Specifications. Retaininq Wall Plans. CONSULTANT will prepare 1"=20' scale plans for standard Caltrans Type 1 retaining walls. A total of 400 feet of standard Type 1 walls retaining are anticipated. Nonstandard retaining walls are prepared as part of the Structure PS&E package. Highway Planting and Irrigation Plans. CONSULTANT shall prepare final site plans, specifications and estimates for landscape and irrigation, based on the approved landscape concept plan prepared by CONSULTANT under separate task. The scope of the landscape work program is a "replace in kind" planting theme for disturbed areas within the project limits. Deliverables: Draft Roadway Design Plans (65% Submittal) 5.2 Transportation Management Plan (WBS 230.20) CONSULTANT will prepare a Transportation Management Plan (TMP) to reduce potential construction-related traffic conflicts, detours and delays. The TMP will be based upon the approved TMP Data Sheet contained in the Draft Project Report. The objective of the TMP is to provide continuous traffic circulation and access, with adequate space for safe and efficient construction. RBF will prepare a Transportation Management Plan (TMP) to qualitatively discuss anticipated traffic impacts resulting from the proposed Project, utilizing existing and forecast traffic data. The TMP will be coordinated with the City of Temecula, Caltrans, and other stakeholders, including the CHP. The deliverable will be in the form of a TMP report. The TMP elements to be considered for the project include, but are not limited to, the following: Public Awareness Campaign: Development of a Public Awareness Campaign to sufficiently inform residents and motorists prior to construction. A public awareness campaign utilizing the local media will be conducted. This campaign will inform the public of construction related congestion, ramp closures and lane closures. Alternate routes will be identified. Short-term impacts such as nighttime freeway and ramp closures will be publicized through the local media. Page 20 of 33 Alternate Routes & Freeway/Local Arterial Signing: Motorists shall be encouraged to use alternate routes by means of information signs at key interchanges. Such signs could include existing changeable (electronic) message signs, as well as ground mounted signs. Highway advisory radio announcements may be implemented. Motorists will also be informed in advance of local roadway closures, ramp closures, or related impacts that would affect local streets. Proper identification of detour routes and lane closures shall be provided within the construction area to direct motorists during construction activities. Proiect Phasing: The project will be phased so as to minimize inconvenience to the motoring public. This will include construction staging to minimize ramp closures during construction. Effective placement of appropriate signs, cones, and barricades in the vicinity of construction will be implemented to increase safety and driver certainty. Scheduling of construction activities during off-peak hours to minimize traffic and congestion and delays. Contingency Planning: Development of traffic and contractor contingency plans. The traffic contingency plan evaluates measures to be implemented when traffic demands exceed anticipated limits during construction activities. The contractor contingency plan addresses all factors affecting construction activities within the contractor's control in the work zone. Overall, a TMP contingency plan defines factors that necessitate removal of lane closures (such as inclement weather, excessive traffic volumes, etc.), identifies lines of communication and authority and describes the responsibilities of specific parties when lane closures are implemented. COZEEP: Implementation of a Construction Zone Enforcement Enhancement Program (COZEEP) to provide police assistance and surveillance within construction areas. The officers can enforce speed reductions within work zones and provide emergency response support. Freeway Service Patrol: Provision of Freeway Service Patrol to assist motorists involved in minor incidents or vehicle breakdowns. CHIN: Inclusion of construction activities on the Caltrans Highway Information Network (CHIN); a public information line (1-840-427-ROAD). TMT: Implementation of a Transportation Management Team (TMT) to refine TMP strategies prior to construction and to monitor and evaluate TMP activities during construction. TMP Coordination: Coordination of the TMP will include, as a minimum, Caltrans, the City, the California Highway Patrol, local law enforcement, and local fire protection agencies. Deliverables: TMP (Draft & Final) 5.3 Draft Specifications (WBS 230.35) CONSULTANT will prepare unedited special provisions for the construction of the roadway improvements utilizing the current Caltrans Standard Special Provisions Page 21 of 33 (SSP's) in accordance with Caltrans' RTL Guide. Special provisions will include the following project elements: Roadway Highway Planting / Irrigation Traffic Electrical Utility Hydraulic Water Pollution Control Erosion Control Sanitary Sewer Technical Specifications: CONSULTANT will prepare technical specifications for the relocation of the 18" and 20" force mains owned by EMWD. The technical specifications will be prepared in the CSI format and submitted to EMWD for review. Deliverables: Draft Special Provisions (65% Submittal) 5.4 Quantities and Estimate (WBS 230.40) Prepare quantity calculations and construction cost estimates in accordance with Caltrans requirements utilizing current edition of Caltrans Contract Cost Data book and recent construction bid data. Deliverables: Draft Estimate (65% Submittal) 5.5 Permit Applications / Environmental Commitments Record (WBS 230.65) Permits: CONSULTANT will prepare and submit permit applications for surveying and construction. Possible permits required for this project not already noted in other tasks include: Caltrans encroachment permits for surveying and visual observations City permits for surveying and visual observations State's Encroachment Permit for Construction Waste Discharge (NPDES) Permit Regional Water Quality Control Board 441 Permit The City will pay for all permit, processing and plan review fees imposed by governing agencies, including the railroads. Environmental Commitments Record: CONSULTANT will review the Environmental Commitments Record (ECR). The ECR will be used as part of the Environmental input for the Resident Engineer file. Deliverables: Prepare Permit Applications; secure all required permits; reviewed Environmental Commitments Record. Page 22 of 33 5.6 Updated Draft Roadway Design Plans (95% Submittal) (WBS 230.60) This submittal will include comments, reviews, coordination efforts, and updated information. CONSULTANT will update various plans, special provisions and estimate noted below. Any Revised and/or New Standard Plans developed by Caltrans shall be included with CONSULTANT's Roadway Design Plan submittal. Should any re-design of the design plans be required due to new and/or revised standard plans, CONSULTANT and City will review the need for an increase in the fee and whether additional fee authorization to complete preparation of the project PS&E is appropriate. Updated Roadway PS&E Updated Highway Planting PS&E Updated Traffic PS&E Updated Hydraulic PS&E Updated Technical Reports Updated Utility PS&E, R/W Data and Certification Updated Electrical PS&E Updated Sanitary Sewer PS&E Deliverables: Draft Roadway Design Plans (95% Submittal) TASK 6 - DRAFT STRUCTURES PS&E (WBS 240) CONSULTANT will prepare Draft Structures PS&E packages for 65% and 95% review submittals and will be based upon the 35% GAD package submitted under Task 2.3. The Draft Structures PS&E packages will be submitted to the City and Caltrans District 8 for review and comment. 6.1 Preliminary Foundation Report (WBS 240.65) To assist in Structure Type Selection, CONSULTANT's subconsultant, EMI, will update the Preliminary Foundation Report (PFR) prepared during the PA/ED phase of the project, in accordance with Caltrans Office of Structural Foundations requirements. The report shall include a summary of the exploration program, and description of the site geotechnical issues. Deliverables: Preliminary Foundation Report 6.2 Foundation Report (WBS 240.80) CONSULTANT's subconsultant, EMI, will provide geotechnical engineering design services for the preparation of a Foundation Report. Geotechnical Field Investigation. For preparation of the Foundation Report, the geotechnical field investigation plan includes excavating exploratory borings to investigate subsurface conditions, as listed in Table 1. Page 23 of 33 TABLE 1. PROPOSED SOIL BORING INFORMATION Design Element Number of Borings 1-15/SR-79S SB Off-Ramp UC (new) 2 borings for abutments Nonstandard Retaining Walls (RW 182 & 188) 10 borings The borings for the bridges will be drilled at the locations of the proposed abutments. The borings for the proposed retaining walls will be located near the ramp shoulders along the proposed ramp alignments. The borings will be excavated using a truck-mounted drill rig equipped with 8-inch diameter hollow-stem augers. Spoils generated from the boring excavations will be mixed with cement and water and used to backfill the boreholes; spoils will not be stored in drums, tested for contaminants, or disposed of off-site by EMI. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations and quick-set cement will be used to replace cement that is removed by excavations. The boring locations and ground elevations at these locations will be surveyed and the information provided to EMI. EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags and transported to the EMI laboratory. Traffic control will be established in accordance with local city requirements, Caltrans requirements, or the W.A.T.C.H. Manual, for all borings performed on or near existing roadway and freeway lanes. Laboratory Testing. EMI will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. Anticipated laboratory soil tests include: in-place moisture and density, grain size distribution, direct shear, R-value, maximum density and optimum moisture content, and soil corrosion tests. Tests will be conducted in general accordance with California Test methods or ASTM standards Geotechnical Engineering Analysis. Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized profiles for design purposes. The following analyses will be performed for the project: Evaluation of seismicity, estimation of Peak Bedrock Acceleration based on the Caltrans Seismic Hazard Map, and recommendations of ARS curves for the bridge structure design. Page 24 of 33 Foundation analysis for proposed bridge structure and retaining walls. Report Preparation. EMI will prepare a foundation report for each of the following design elements: 1-15/SR-79S Southbound Off-Ramp Undercrossing Nonstandard Retaining Walls (RW 182 & 188) The FR will be prepared in accordance with the Caltrans Guidelines for Structure Foundation Report dated March 2006. The reports will summarize the findings of the field investigation and laboratory tests, results of the geotechnical engineering analyses and present recommendations for the proposed improvements. In addition, the FR will provide seismic design criteria and Log-of Jest- Boring sheets for the exploratory borings will be provided with the report. Copies of the FR will be provided for distribution and review. Review comments related to geotechnical issues will be addressed by EMI in letter responses. Upon approval of all responses, EMI will incorporate responses and comments into final reports. Copies of each final report will be provided for distribution. Deliverables: Draft and Final Foundation Reports 6.3 Bridge Type Selection (WBS 240.75) CONSULTANT will perform a Bridge Type Selection Study on the preferred structure type brought forward from the Structures Advance Planning Study. The Consultant will update the APS and perform preliminary calculations to determine the substructure dimensions and foundations. Consultant will then prepare a Bridge Type Selection Report consisting of a Bridge Type Selection Recommendation making note of all critical assumptions of the design, Bridge General Plan, preliminary construction cost estimate and preliminary foundation report prepared by the Geotechnical Engineer. The General Plan will present plan, elevation and cross-sectional views of the selected bridge type. CONSULTANT will submit Type Selection documents to the Caltrans Office of Special Funded Projects (OSFP) for review and approval. CONSULTANT will attend a Type Selection review meeting at Caltrans Headquarters in Sacramento to finalize structure type, foundations, seismic design, aesthetics, and traffic handling plans. CONSULTANT will summarize and submit meeting proceedings to the liaison engineer within one week for written Type Selection approval. The meeting summary may update or supplement the Bridge Type Selection Report. Nonstandard retaining walls will also be processed through the Type Selection process with OSFP. On this project the following nonstandard wall types are anticipated: RW 182 Type 1 Walls on Piles, retaining up to 14 feet. RW 188 Type 1 Walls on Piles, retaining up to 16 feet. Page 25 of 33 CONSULTANT will prepare the Retaining Wall Type Selection Memo to comply with the most current Caltrans guidelines for submittal to OSFP for review and approval. CONSULTANT will update or supplement the Retaining Wall Type Selection Memo from comments provided by OSFP. Deliverables: Bridge Type Selection Report; Retaining Wall Type Selection Memo; Bridge Type Selection Meeting Attendance 6.4 Draft Structures PS&E (65% Submittal) (WBS 240.85, 240.90) Upon receipt of the Caltrans' written approval of the selected bridge type and retaining wall type, CONSULTANT will prepare the 65 percent plans (unchecked details). All structure design calculations and plans will conform to Caltrans and any City requirements and will be submitted for review by the City. The bridge and retaining walls will be designed by a California-registered civil engineer in accordance with the applicable provisions of the following manuals: Caltrans Bridge Design Specifications (LRFD) except for abutments, foundation and retaining walls which will use LFD specifications; Caltrans Seismic Design Criteria (SDC); Caltrans Bridge Memos to Designers; and Caltrans Bridge Design Aids; The level of effort is based on the baseline cast-in-place post-tensioned concrete box girder bridge and Type 1 retaining walls on piles. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. A set of draft plans (unchecked details) will be prepared in Microstation V8 in accordance with the applicable provisions of the following Caltrans manuals and in conformance with any City requirements: Caltrans Bridge Design Details; Plans Preparation Manual, and Plans, Specifications, and Estimates (PS&E) Guide. Assumed baseline alternative is a cast-in-place post-tensioned concrete box girder bridge. Structure Design Plan Sheets Plan Sheet Scale 1-151SR-79 Southbound Off-ram General Plan 1 Varies Index to Plans 1 Varies Deck Contours 1 Varies Foundation Plan 1 Varies Abutment 1 Layout 1 Varies Abutment 2 Layout 1 Varies Abutment Footin Layout 1 Varies Abutment Details 4 Varies Page 26 of 33 Structure Design Plan Sheets Plan Sheet Scale -Typical Section 1 Varies Girder Layout 1 Varies Girder Reinforcement 1 Varies Bridge Mounted Sin Details 2 Varies Utility Details 1 Varies Miscellaneous Details 1 Varies Structure Approach 1 Varies Structure Approach Drainage Details 1 Varies Retaining Wall 182 and 188 Design Plans Plan and Profile 4 Varies Foundation Plan 2 Varies Miscellaneous Details 1 Varies Aesthetic Details 1 Varies TOTAL SHEETS: 28 Deliverables: Draft Structures PS&E (65% Submittal) 6.5 Updated Draft Structures PS&E (95% Submittal) (WBS 240.85, 240.90) A CONSULTANT California-registered civil engineer who is not directly involved in the initial design of the structure will independently check the bridge and retaining wall design. The independent check will be performed in accordance with the applicable design criteria and will include generating independent check design calculations and review of the plans and special provisions. This also includes a QC/QA review of the plans and specifications by a senior bridge engineer. Any significant differences between the initial design and the independent check will be resolved between the two licensed engineers until substantial agreement on the final design is achieved. Any required changes will be made to the design and construction documents. The level of effort is based on the baseline cast-in-place post-tensioned concrete box girder bridge and Type 1 retaining walls on piles. The scope of work and design fee may need to be adjusted if a different structure alternative is selected for final design. This submittal will include comments, reviews, coordination efforts, and updated information. CONSULTANT will update Draft Structures PS&E (65% Submittal), which will be submitted to the Office of Special Funded Projects (OSFP). Any Revised and/or New Standard Plans developed by Caltrans shall be included with CONSULTANT's Draft Structures PS&E (95% Submittal). Should any re-design of the design plans be required due to new and/or revised standard plans, CONSULTANT will be compensated via a contract amendment. The Special Provisions for the roadway and bridge will be based upon Caltrans Standard Special Provisions (SSP's). CONSULTANT will prepare technical Special Provisions for bidding to be included by the City in their bid documents. The CONSULTANT will prepare itemized quantity take-off calculations and a construction cost estimate for the bridge and retaining wall construction. Page 27 of 33 Deliverables: Updated Draft Structures PS&E (95% Submittal) TASK 7 - FINAL STRUCTURES PS&E PACKAGE (WBS 250) 7.1 Final Structures PS&E (100% Submittal) (WBS 250.55, 250.60) CONSULTANT will address final comments on the Updated Draft Structures PS&E (95% Submittal) and incorporate them into the Final Structures PS&E package, which will be submitted to the Office of Special Funded Projects (OSFP). Any Revised and/or New Standard Plans developed by Caltrans shall be included with CONSULTANT's Final Structures PS&E (100% Submittal). Should any re-design of the design plans be required due to new and/or revised standard plans, CONSULTANT will be compensated via a contract amendment. Deliverables: Final Structures PS&E (100% Submittal) TASK 8 - CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT PS&E PACKAGE (WBS 255) 8.1 Updated PS&E Package (100% Submittal) (WBS 255.10) This submittal will include comments, reviews, coordination efforts, and updated information from the Draft Roadway Design Plans (95% Submittal). CONSULTANT will update various plans, special provisions and estimate noted below. Any Revised and/or New Standard Plans developed by Caltrans shall be included with CONSULTANT's Roadway Design Plan submittal. Should any re-design of the design plans be required due to new and/or revised standard plans, CONSULTANT will be compensated via a contract amendment. Updated Roadway PS&E Updated Highway Planting PS&E Updated Traffic PS&E Updated Hydraulic PS&E Updated Technical Reports Updated Utility PS&E Updated Electrical PS&E Updated Sanitary Sewer PS&E Deliverables: Updated PS&E Package (100% Submittal) 8.2 Final District PS&E Package (WBS 255.20) This submittal will include comments, reviews, coordination efforts, and updated information from the Updated PS&E Package (100% Submittal). CONSULTANT will submit the Final PS&E package to Caltrans District 8 and City for final approval. The submittal will incorporate Final Structures PS&E. Page 28 of 33 Deliverables: Final District PS&E Package 8.3 Safety Review Coordination / Revisions (WBS 255.10.99) CONSULTANT will participate in a project safety review meeting with Caltrans, prepare response to comments and incorporate plan revisions. A total budget amount of 40 hours has been assumed for this task. Deliverables: Safety Review Meeting Attendance; Plan revisions 8.4 Resident Engineer's Pending File (WBS 255.40) CONSULTANT will meet with the Resident Engineer (RE) and functional units and provide the following information for the RE file. This list is not comprehensive and CONSULTANT shall provide additional information as appropriate: Permits Surveying Notes Geotechnical (GDR) and Foundation (FR) Reports Hydrology / Hydraulics Report and calculations Relevant correspondence and memoranda Engineering calculations (horizontal and vertical alignments, earthwork quantities, etc.) Environmental Agreements and Reports Structure quantity calculations Joint Movement Rating calculations Special instructions for the construction of bridge and retaining wall 4-scale plans Roadway cross-sections at 50-ft intervals on rolled strip plot (1 set) Environmental Commitments Record Traffic Management Plan and supplements Storm Water Data Report Right of Way Maps & Agreements List of Project Personnel Cooperative Agreements Project Control for Construction CONSULTANT will provide an electronic version, if available, of all RE file information. Deliverables: RE file TASK 9 - EXPENSES Reproduction Services and Other Expenses: CONSULTANT shall provide all reproduction services, and other related expenses for the project. This includes all reprographics and photocopying for submittals, all photocopying for progress plots, quality control check plots, and in-house reproductions. The submittals will include the following: Page 29 of 33 Draft PS&E Submittal (65%) Ten (10) sets of plans plotted on 11x17 sheets Five (5) sets of Design Reports Five (5) sets of Special Provisions Updated PS&E Submittal (95%) Thirty-five (35) sets of Roadway Plans plotted on 11 x17 sheets Ten (10) sets of Structure Plans on 11x17 sheets Five (5) sets of Design Reports One (1) set of Design Calculations and Check Calculations Five (5) sets of Special Provisions Final PS&E (100%) Thirty-Five (35) sets of plans plotted on 11x17 sheets Four (4) sets of Structure Plans on 11 x17 sheets Three (3) sets of Design Reports Five (5) sets of Special Provisions One (1) set of Design Calculations and Check Calculations Construction schedule - 2 copies Electronic submittal of plans, special provisions, and estimates. Final District PS&E Package Thirty-Five (35) sets of plans plotted on 11x17 sheets One (1) Full-size reproducible final structure plans -1 set Four (4) sets of Structure Plans on 11 x17 sheets Three (3) sets of Design Reports Five (5) sets of Special Provisions Construction schedule - 2 copies Electronic submittal of plans, special provisions, and estimates. SCOPE ASSUMPTIONS GENERAL 1. It has been assumed the City will Advertise, Award and Administer (AAA) the construction contract. Project development activities required for a contract advertised, awarded and administered by Caltrans are excluded from this contract. 2. The City will pay for all permit processing and plan review fees imposed by governing agencies, including railroad companies. 3. It is assumed that no Resource Agency permits (i.e., 404, 1601, etc.) will be required; therefore, no fees for procuring theses types of permits have been included in this scope of work. 4. No pavement deflection testing, pavement life cycle analysis, pavement overlays or other pavement rehabilitation of the existing mainline freeway will be required. Pavement studies will be restricted to the northbound ramps and SR-79 South within the project limits. 5. Treatment BMP facilities for the Project are assumed to be limited to biostrips and/or bioswales, media filters, and an infiltration basin. If other Treatment BMP facilities are Page 30 of 33 necessary to satisfy environmental mitigation measures an additional scope and fee will be determined. 6. NPDES permit requirements will be included as a requirement of the construction contract in the Project Special Provisions. 7. Phase II hazardous waste assessments and implementation of environmental mitigation measures are not included in this scope of work. 8. A Materials Handout will not be prepared. 9. It has been assumed that Aerially Deposited Lead (ADL) handling plans will not be required for the project since it is anticipated that ADL will not be found in significant quantities within the project limits. 10. New aerial topographic mapping will not be prepared. The approved aerial topographic mapping prepared during the PANED phase will be proven as adequate for use for the PS&E phase. 11. A 35% PS&E submittal package will not be prepared and submitted to Caltrans. ROADWAY/DRAINAGE 1. Upgrading of deficient existing cross-culverts, on or off site drainage systems has not been included in the fee proposal. 2. Roadway cross-sections at 50' intervals will be provided on rolled stock as part of the RE file. The cross-sections will depict only the finished surface and original ground generated from the DTM files and will be identified by station interval. Additive information such as elevation callouts, curbs, dikes, wall cross-sections, right of way lines, ditch cross-sections, etc. will not be shown on the cross-sections. 3. This scope of work does not include pavement rehabilitation of the 1-15 mainline nor northbound ramps. If additional design work is required due to the findings of the Pavement Rehabilitation Study, CONSULTANT and City will review the PRS to determine the need for an increase in the fee and whether additional fee authorization to complete preparation of project PS&E is appropriate. 4. A concrete pavement ramp terminus will be installed across all lanes at the northbound and southbound exit ramps. 5. An LCCA will be prepared by the CONSULTANT and approved by Caltrans District 8 during the PA/ED phase. In accordance with Caltrans guidelines, it is assumed that an update of the LCCA will not be required for the PS&E phase. The results of the approved LCCA from the PA/ED phase will be incorporated into the development of the Materials Report. STRUCTURES 1. Significant study and development of aesthetic features for the bridges or retaining walls is not included in the scope. Plan sheets are allotted in the wall plans for simple aesthetic features such as fractured rib textures or other standard form liner. 2. All structure design tasks assume that any utility conflicts, where they may exist, will be resolved by relocating utility lines. GEOTECHNICAL It is assumed that the pending approved environmental document will suffice for reference for cultural resource, biology and archeology elements in securing the encroachment permit for borings, thus no fee has been included for performing these services for the boring program. Page 31 of 33 2. Construction of groundwater monitoring wells, permanent ground water disposal, and investigating of borrow sites is not included in this scope of work. No design fees have been included for any disposal system. 3. Remedial mitigation plans for any removal of hazardous waste are not included in this scope of work. 4. The minimum traffic window for drilling is 9:OOAM to 3:OOPM. 5. Drumming and testing of soil cutting will not be required. 6. Hazardous waste handling during geotechnical explorations is not included in the geotechnical fees. The City will be notified immediately if hazardous materials are encountered during field investigation. 7. Geotechnical calculations will be included in the Geotechnical Design Report. 8. Consultant will obtain encroachment permits from Caltrans and the City to conduct geotechnical fieldwork within Caltrans and City right of way. Permit fees from Caltrans and City are considered waived. 9. The soil cuttings are assumed to be non-hazardous. If the soil cuttings are tested to be hazardous, they must be disposed of off-site to a hazardous landfill at additional cost. 10. Soil data from the deep borings included in the as-built plans will be used for evaluation of liquefaction potential and seismically induced settlement. UTILITIES 1. City/Caltrans will be responsible for the development of all Utility Relocation Agreements, Joint Use Agreements, Consent to Common Use Agreements and/or utility easement acquisition, negotiations with the utility companies for cost responsibility, notices to relocate and processing the utility relocation agreements for approval by the utility company and City/Caltrans. CONSULTANT will be responsible for coordinating all technical design issues with the utility company, reviewing utility relocation agreements to provide input and comment from a technical design standpoint, and assisting in schedule management between City/Caltrans and the utility company as related to the overall design schedule. 2. It is assumed that CONSULTANT will perform relocation design for the 18-inch and 20- inch sewer force mains owned by Eastern Municipal Water District and located in the southwestern quadrant of the interchange. Otherwise, it is assumed the utility companies will perform design work with their own forces in preparing final utility relocation plans and no design fees have been included for the preparation of final signed plans, specifications, and cost estimates for any interim or permanent utility relocation. In addition, for utility facilities within local street arterials it has been assumed that the utility companies will be responsible for preparation of legal descriptions and exhibits and permit procurement for any interim utility relocations requiring temporary easements. 3. It is assumed that no "high risk" utilities, as defined by the Caltrans Right of Way Manual, are located within the project limits, which precludes the requirement for a 100-ft potholing interval for such facilities. 4. It is assumed that CONSULTANT will not perform relocation design for the 30-inch and 42-inch water lines owned by Rancho California Water District (RCWD) and located in the southwestern quadrant of the interchange. It is assumed RCWD will perform design work with their own forces in preparing final utility relocation plans and no design fees have been included for the preparation of final signed plans, specifications, and cost estimates for any interim or permanent relocation of subject water lines. Page 32 of 33 RIGHT OF WAY 1. City will perform right of way appraisal, acquisition and certification activities. 2. It has been assumed that property owners will be compensated through the right of way appraisal and acquisition process for any impacts to their property requiring any type of demolition, new or reconstructed improvements (i.e., landscape, irrigation, entry monuments, signs, drive circulation, parking configuration, structure relocation, decorative lighting, etc.); therefore, no design fees have been assumed to prepare plans for any of these "off-site" improvements. 3. All right of way escrow fees, title insurance, and other closing fees for acquiring right of way will be the responsibility of the City or Caltrans 4. No budget has been established for any support services that may be required should condemnation proceeding against any property owner or utility owner be required, and project fees do not include coordination if a resolution of necessity to secure the necessary rights is adopted. SANITARY SEINER 1. Analysis of the existing lift station hydraulics will not be required. 2. No improvements to the lift station will be required. 3. Odor assessment will not be required. SCHEDULE Estimated time to complete the scope of work is as follows (assumes Notice to Proceed January 1, 2009). Scope Begin End Task 1 Project Management JAN 2009 MAR 2010 Task 2 Prepare Base Maps and Plan Sheets JAN 2009 AUG 2009 Task 3 Utility Relocation Coordination JAN 2009 FEB 2010 Task 4 Ri ht of Way Engineering JAN 2009 MAR 2010 Task 5 Prepare Draft PS&E (65% and 95%) APR 2009 SEP 2009 Task 6 Draft Structures PS&E 65% and 95% APR 2009 SEP 2009 Task 7 Final Structures PS&E Package (100%) OCT 2009 DEC 2009 Task 8 Circulate, Review, and Prepare Final District PS&E Package 100% JAN 2010 MAR 2010 Task 9 Expenses JAN 2009 MAR 2010 Overall Project JAN 2009 MAR 2010 Page 33 of 33 EXHIBIT B PAYMENT RATES AND SCHEDULE Revised 10/16/08 12io2~2oos ' ' ' PW04-08 INTERSTATE-15 I STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE JN: 10-106051 CONSULTING EXHIBIT B PAYMENT RATES TITLE /DESCRIPTION RATE Senior Principal $ 250.00 per hour Task Manager (Structures, Drainage, Survey/ROW) $ 230.00 per hour Project Manager $ 193.88 per hour Senior Engineer $ 162.44 per hour Project Engineer $ 146.72 per hour Landscape Architect $ 151.96 per hour Design Engineer /Senior Designer / Mapper $ 134.14 per hour Design Technician $ 96.42 per hour 2-Person Survey Crew $ 240.00 per hour Clerical $ 63.93 per hour 12/02/2008 PW04-08 INTERSTATE-15 /STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE JN 10-106051 . . CONSULTING EXHIBIT B PAYMENT SCHEDULE TASK DESCRIPTIONS TOTAL Per Caltrans WBS Release 9.1 TASK 1 -PROJECT MANAGEMENT (WBS 100) 100. 15 Project Management - PS&E Component 1042 $ 207,000 TASK 2 -PREPARE BASE MAPS AND PLAN SHEETS (WBS 185) 185. 05 Update Project Information 32 $ 3,700 185. 10 Engineering and PhotogrammetricSurueys 319 $ 62,200 185. 15 Preliminary Design 238 $ 31,500 185. 20 Engineering Reports 1727 $ 229,700 185. 25 Right of Way Requirements Determination 146 $ 80,500 185. 30 Site Plans for Bridges and Structures 24 $ 3,600 TASK 3 -UTILITY RELOCATION COORDINATION (WBS 200) 200. 15 Utility Relocation Coordination 202 $ 28,800 TASK 4 - RIGHT OF WAY ENGINEERING (WBS 220) 220. 05 Existing Land Net & Preconstruction RoS 312 $ 54,300 220. 15 Right of Way Maps & Title Reports 294 $ 45,000 220. 20 Acquisition Documents (Legal Descriptions, Exhibit Maps, Parcel Reports) 176 $ 23,900 TASK 5 -PREPARE DRAFT PS&E (65% & 95% Submittals) (WBS 230) 230. 05 Draft Roadway Plans (65% & 95% Submittals) 3056 $ 393,200 230. 10 Draft Highway Planting Plans (65% & 95% Submittals) 416 $ 53,300 230. 15 Draft Traffic Plans (65% & 95% Submittals) 1123 $ 139,400 230. 20 Transportation Management Plan 80 $ 11,500 230. 25 Draft Utility Plans (65% & 95% Submittals) 670 $ 86,200 230. 30 Draft Drainage Plans (65% & 95% Submittals) 1346 $ 179,200 230. 35 Draft Specifications (65% & 95% Submittals) 196 $ 29,800 230. 40 Draft PS&E Quantities and Estimates (65% & 95% Submittals) 176 $ 23,700 230. 65 Permits During PS&E Development 60 $ 9,000 TASK 6 -DRAFT STRUCTURES PS&E (65% & 95% Submittals) (WBS 240) 240. 65 Preliminary Foundation Reports 29 $ 3,800 240. 75 Draft General Plan 158 $ 24,000 240. 80 Foundation Reports 182 $ 24,000 240. 85 Draft Structure Plans 934 $ 121,000 240. 90 Draft Structures Provisions and Estimate 136 $ 25,200 TASK 7 -FINAL STRUCTURES PS&E PACKAGE (100% Submittal) (WBS 250) 250. 55 Final Structure Plans 95 $ 14,700 250. 60 Final Structure Special Provisions and Cost Estimate 16 $ 3,000 TASK 8 -CIRCULATE, REVIEW AND PREPARE FINAL DISTRICT PS&E PACKAGE (100% Submittal) (WBS 255) 255. 10 Updated PS&E Package 446 $ 57,300 255. 20 Final District PS&E Package (No District OE Involvement) 50 $ 6,100 255. 40 Resident Engineer's Pending File 114 $ 18,000 TASK9-EXPENSES Reproduction Services and Other Expenses $ 40,000 Total Project Cost: $2,032,600 ITEM NO. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Professional Engineering Services Agreement with J M Diaz, Inc. for the Temecula Parkway Striping Modifications from Interstate-15 to Pechanga Parkway; Project No. PW07-08 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Agreement for Professional Engineering Services with J M Diaz, Inc. (dba JMD) for modifying construction plans for the Temecula Parkway Striping Modifications from Interstate-15 to Pechanga Parkway, Project No. PW07-08, in the amount of $29,210.00; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $2,921.00, which is equal to 10% of the agreement amount. BACKGROUND: Temecula Parkway is a highly used urban arterial highway. This project will increase the roadway's capacity and improve overall traffic circulation by adding one through lane in both directions between Interstate-15 and Pechanga Parkway. Design and construction is subject to Caltrans standards and requirements as the public right-of-way is State owned from Interstate-15 to Bedford Court. On August 29, 2008 the City applied to Caltrans for an encroachment permit for the construction of this project, utilizing plans prepared by JMD. On October 2, 2008 Caltrans replied to the application, requesting changes to the design and additional items. The recommended agreement is needed to address Caltrans' request and secure the encroachment permit to construct the project. FISCAL IMPACT: The Temecula Parkway Striping Modifications from Interstate-15 to Pechanga Parkway, Project No. PW07-08, is a Capital Improvement Project funded with Development Impact Fees - Street Improvements. Sufficient funds are available in the project account (Account No. 210-165-676-5802) for this $32,131.00 request, which includes the agreement amount of $29,210.00 plus a 10% contingency of $2,921.00. ATTACHMENTS: Location Map Project Description Agreement for Professional Engineer Services PROJECT LOCATION Project Title: HIGHWAY 79 SOUTH RE-STRIPING OF EIGHT LANES FROM INTERSTATE-15 TO PECHANGA PARKWAY 5> y/cy~gy YrvEz R I9 D d O~~y F N / VALLEJO AV s o 1L ~Q~ AFcy9~c w qOR A~ cti qti p A 2 y~ 3 N ° 49 ' ~ 0 0 0 0 0 0 0 _ ~ U ° ° ° o o 0 0 0 0 0 ua 0 0 C Lr Lei Le-, w M O N L Le) p +r CL ~ 6", 6", ~ ds ~ y t as O frs 6A N G N O M ~ p ~ ' Q 6s b9 ~ o o a ~ H . w CIS co~ ~ W v . 'C 6R} 64 o z H v 5 w 1 p ' bb 0 GOS Cos as ° tz o O co 6s x O U Ln O "o O a3 C4 ° o 17r 0 O0 c v o 7 ~ It x N Ix rh U N bA ps N V U 'd 'Qj r 6R Hs fas Gs 64 6s &s x y~ b L O cp 3 r) t` CT N ON N ON N W ~ ~ ~ te O {V N N r O U U U N U U Ey ti H 64 64 69 69 69 i~ y Gi O a+ O ~ G d a.i + CL C 0 U. A O d. O , R = d F O/~~ O M ~ Qi O a W d u M a d 0 ~ 4 ~ U X 1. ~ w 3 Q U Q E~ N L h LL AGREEMENT FOR PROFESSIONAL ENGINEER SERVICES BETWEEN THE CITY OF TEMECULA AND J M DIAZ, INC. (dba JMD) TEMECULA PARKWAY STRIPING MODIFICATIONS FROM INTERSTATE-15 TO PECHANGA PARKWAY PROJECT NO. PW07-08 THIS AGREEMENT is made and effective as of December 16, 2008, between the City of Temecula ("City"), a municipal corporation, and J M Diaz, Inc. (dba JMD)("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 16, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the Agreement for three (3) year additional term(s). In no event shall the Agreement be extended beyond three (3) years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area, published monthly by the United States Bureau of Labor Statistics. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement 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 Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 1 Revised 10/16/08 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 Two Hundred Ten Dollars and No Cents ($29,210.00) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consulant for the performance of said services. C. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed thirty thousand dollars and no cents, ($30,000.00), or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. 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 Consulant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant, at least ten (10) days prior, written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall 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 above. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. 2 Revised 10/16/08 b. If the City Manager, or his delegate, determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City, and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION. a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. $ Revised 10/16/08 b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' 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, Workers' Compensation Insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant profession. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 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) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the 4 Revised 10/16/08 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, 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, 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, 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 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, 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. 5) Each insurance policy required by this Agreement shall be endorsed to state: "Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." 6) If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City, via certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. Revised 10/16/08 a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 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 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. 6 Revised 10/16/08 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: Mallinn Address. City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Physical Address. City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: JMD 18645 East Gale Avenue, Suite 212 City of Industry, California 91748-1363 Attention: Juan M. Diaz, President 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 Consultant, or Consultant's sub-contractors for this project, during his/her tenure, or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All 7 Revised 10/16/08 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. $ Revised 10/16/08 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: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: JMD 18645 E. Gale Ave., Suite 212 City of Industry, CA 91748-1363 Attention: Juan M. Diaz, President (626) 820-1137 Fax (626) 820-1136 BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) [Signatures of Two Corporate Officers Required] g Revised 10/16/08 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 10 Revised 10/16/08 EXHIBIT B PAYMENT RATES AND SCHEDULE 11 Revised 10/16/08 JMD November 24. 2008 Ms. Kendra Hannah-Meistrell City of Temecula Department of Public Works 43200 Business Park Drive Temecula, CA 92590 Subject: Proposal Amendment to Provide Professional Engineering Services for Signing & Striping along SR-79 from 1-15 to Pechanga Parkway in Temecula, California Dear Ms. Hannah-Meistrell: In response to our conversations and email from the City of Temecula (City) staff on October 17 and 20, 2008, JM D is pleased to provide this revised proposal which amends our previous proposal, dated September 27, 2007, to assist the City in obtaining a Caltrans Encroachment Permit for improvements on SR-79 (Temecula Parkway) from 1-15 to Pechanga Parkway. Our scope of services has been tailored to meet City and Caltrans requirements and is described below. Scope of Services Our proposed work plan has been specified as follows Phase I - Preliminary Design Task 1-9 - Project Administration, Meetings and Coordination The JMD Team will meet with City and/or Caltrans staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. Meetings between the City, Caltrans and JMD will be held to keep all parties informed, resolve issues and successfully complete the project. JMD will attend up to two (2) project coordination meetings with the City and/or Caltrans staff to discuss design and coordination issues. We understand the intersection of SR-79 at Bedford Court is owned and maintained by Caltrans, and the intersection of SR-79 at La Paz Street is owned and maintained by the City. 18645 East Gale Avenue, Suite 212, City of Industry, CA 91748-1363 (626) 820-1137 Tel + (626) 820-1136 Fax www jmdiaz.com I.I. JMD Ms. Kendra Hannah-Meistrell November 24, 2008 Page 2 Task 1-2 - Research/Data Collection JMD will obtain documentation available from the City and/or State records pertaining to this project. This task includes coordination with Caltrans in obtaining accident data and vehicle counts. The State vehicle counts will be used to compare with City count data. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing right-of-way and utility information in order to include the necessary information into the plans, ascertain the completeness and accuracy of available information and determine additional information requirements. Task 1-3 - Field Review and Base Plans Field reviews will be performed, as necessary, to verify that existing information is correct or to identify existing facilities unavailable during research. Field information obtained by City staff will also be verified. The project limits will be field inventoried to determine existing and proposed locations of signal equipment, signing and striping, right-of-way, curb and gutter, sidewalk and miscellaneous topographic features. JMD will prepare a preliminary base plan to verify existing features relevant to the proposed task during field reviews. Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available survey, mapping, utilities and right of way boundaries to be provided by the City and Caltrans. Phase II - 60% Design Task 11-1- Preliminary Plans After review and approval of the detailed recommendations, JMD will prepare preliminary construction plans for the proposed signing and striping, traffic signal, and traffic control improvements. Plans will comply with the regulations and standards of the City and State of California, as applicable. The following outlines the specific details of the design plans: Subfaskll-la - Traffic Signal Modification Plans JMD will prepare one (1) detailed traffic signal modification plans for the intersections of SR- 79 at Bedford Court at a scale of 1"=20' using the City-provided title block. The plan will include existing and proposed signal systems, pole and equipment schedule, conduit and conductor schedule, and conduit fill capacities. The plan will also include features such as vehicle detection, pedestrian push buttons, curb ramps, traffic signal poles, controllers, service cabinets, vehicle and pedestrian indications, and other features as appropriate. This proposal does not include the design of traffic signal interconnect. Subfaskll-lb - Traffic Control Plans JMD anticipates fourteen (14) traffic control/staging plans in Autocad format, at a scale of 1"=40', illustrating the plan view of fourteen (14) proposed traffic control stages. The traffic control design will be based on the installation of the proposed striping and vehicle loop detectors. The design limits of the plans will be from Pechanga Parkway to the 1-15 freeway. JMD Ms. Kendra Hannah-Meistrell November 24, 2008 Page 3 Subtaskll•1c • Signing and Striping Plan JMD will submit the current signing and striping plan to the City for incorporation of the notes requested by Caltrans. The plan will be submitted to the City in Autocad format. Upon completion of the added notes by the City, the Autocad file will be submitted to JMD for review and preparation of Caltrans submittals. Task 11-2 - Caltrans Fact Sheet JMD will update and complete the current Caltrans Fact Sheet including the required attachments per Caltrans standards. The Fact Sheet will address the proposed substandard lane and shoulder widths as requested by Caltrans via email dated October 2, 2008. We anticipate the City will provide the following traffic counts: • AM and PM peak hour turning movement counts for the intersection of State Route 79 (Temecula Parkway) at Northbound 1-15 on-off ramps, Bedford Court, and La Paz Street • 24-hour ADT counts on State Route 79 (Temecula Parkway) between the northbound I- 15 on-off ramps and Bedford Court Phase III - 95% Desian Task 111-1- Address/Incorporate Comments and Prepare 100% Submittal JMD will address and incorporate review comments outlined in Exhibit A provided by the City departments and Caltrans for the project. We anticipate a submittal of six (6) sets of plans, folded in standard Caltrans format, for each submittal to Caltrans for review. Phase IV - 100% Design Task 1V--1- Address/lncorporate Comments and Prepare Final Submittal JMD will address and incorporate review comments provided by the City departments and Caltrans for the project. JMD will submit sealed original ink on "D" size mylar plan sheets. Approved plans will be provided to the City on compact disk (CD) in AutoCAD 2000 or higher format. JMD Ms. Kendra Hannah-Meistrell November 24, 2008 Page 4 Cost* JMD will perform the Scope of Services indicated above for the following est imated amounts on a lump sum basis, as follows: Task 1-1 Project Administration/Meetings/Coordination $ 1,300.00 Task 1-2 Research/Data Collection $ 1,540.00 Task 1-3 Field Review and Base Plans $ 1,880.00 Task 11-1a Traffic Signal Modification Plan (SR79/Bedford Ct) $ 4,850.00 Task 11-1 b Traffic Control Plans (14 sheets) $ 9,540.00 Task 11-1c Signing and Striping Plan $ 630.00 Task 11-2 Caltrans Fact Sheet $ 4,820.00 Task 111-1 Address/Incorporate Comments and Prepare 100% Submittal $ 2,308.00 Task IV-1 Address/Incorporate Comments and Prepare Final Submittal $ 1,308.00 Reimbursables $ 1,034.00 TOTAL $ 29,210.00 The above estimate include labor, overhead and related direct costs, and were developed with the assumptions outlined below. Assumptions ❑ Up to two (2) meetings assumed for these tasks. ❑ Up to three (3) Caltrans review submittals are included. ❑ Does not guarantee Caltrans acceptance. ❑ Supporting information and documents to be provided by City of Tem ecula and Caltrans. ❑ This proposal supersedes the previous proposal, dated September 27, 2007. Schedule Once given a notice to proceed (NTP), JMD anticipates that the major project milestones will be completed as follows: Milestone Completion" Research and Data Collection From Caltrans for Fact Sheet Week 4 60% Plans Week 4 60% Fact Sheet Week 6 Agency Review" Week 8 95% Plans Week 11 95% Fact Sheet Week 11 Agency Review" Week 14 100% Plans and Fact Sheet Week 16 Duration from obtaining all information indicated above from the CitylCaltrans. May vary depending on required agency review time. ® JM Ms. Kendra Hannah-Meistrell November 24, 2008 Page 5 We are pleased to provide these services to the City of Temecula and look forward to your favorable reply. Should you have any questions, please call me at (626) 820-1137. Sincerely, JMDiaz, Inc. Juan M. Diaz, P.E. Presi Mdent/CEO City of Temecula Authorized Signature Date SI/mai M A2008\p-026jmd r4.doc mo JMD Exhibit A Review Comments As part of their proposal, JMD will address the review comments provided by Caltrans on October 2, 2008. JMD's current responses/assignments to comments below are in bold. General 1. All final plans/reports/specifications shall be signed/sealed by the Registered Engineer and approved by the City. JMD will provide wet-signed mylar plans. City will review/approve. 2. Please print permit number "08-08-N-MC-0866" on the lower right-hand corner of each applicable drawing and front cover of the report/specifications. Please reference to this assigned permit number for future correspondences. JMD will include the permit number on the plans. 3. The proposed re-striping work will have nonstandard 10- and 11-foot lanes and 2-foot shoulder. Pursuant to the Department's Highway Design Manual, please provide a Mandatory Design Exception (MDE) Fact Sheet on the subject nonstandard widths for our review and approval. Sample copy of the MDE Fact Sheet format to-follow was previously provided to you as per your request. JMD will prepare fact sheets and obtain necessary data to support. City will provide available data currently in its possession. 4. From the Special Provisions, it is noted the proposed work will be performed on weeknights from 9 pm to 5 am. Please prepare Traffic Control (Staging) Plans in conformance to the Department's 2006 California MUTCD. We need 6 copies. JMD will prepare traffic control (staging) plans for construction to the satisfaction of Caltrans/City. City will provide available data currently in its possession as well as any restrictions to be utilized during construction. 5. Please provide an updated construction cost estimate for all work within the State's right- of-way. City will address. 6. In the Special Provisions, please add the Department's Standard Special Provision sections on "welding." City will address. Signing and Striping Plan (Sheet SS-1) 7. Please add a construction note: "Signing and Striping installations shall conform to the California MUTCD." City will add note to plans. 8. Please delete the proposed "55" (MPH) pavement marking facing southbound traffic at STAs 105+/- and 120+/-. City will add note to plans. Electrical (Signal} 9. Please submit Traffic Signal Plan for Bedford Court, showing existing and proposed system. The proposed new elements shall be in bold print and the existing in dashed or 18645 East Gale Avenue, Sude 212, Cily of IndusLy, CA 91748-1363 (626) 820-1137 Tel . (626) 820-1136 Fax wv WJrnd hZ. Co m JMD broken lines. JMD will prepare traffic signal modification plans for Bedford Court to include existiprop signal systems, existiprop Pole & Equip Schedule, and exist/prop Conductor & Conduit Schedule. JMD will evaluate existing conduit capacities and provide electrical design as necessary. City to provide construction plans of existing traffic signal systems at Bedford Court and La Paz Street. City will assist with verification of existing systems and provide criteria for design. 10. Please add a Traffic Signal General Note: "Where damage is caused by the Contractor's operation, the Contractor shall, at his expense, repair or replace damaged facilities promptly in accordance with the State's specifications." JMD will add note to plans. 11. The front three loops for the left-turn lane from State Route 79 into Bedford Court will require replacements; they are in the same stub-out as the through-lanes. Please correct. City verified that the referenced loops are in fact run through the same stub out. JMD will include the referenced loops for replacement on the Bedford Court traffic signal modification plan. 12. The middle loops will be impacted by the proposed re-striping. Please show existing loops on the plan and replacement as well. City verified mid-loops as shown on construction plans for Bedford Court and La Paz Street signal systems. JMD will evaluate necessity of replacing these loops and include in the traffic signal modification/signing and striping plans as necessary. 13. Each advance signal loop shall have its own loop designation and lead-in cable. The proposed re-striping would require an additional lead-in cable to be pulled in the existing conduit runs. Please correct. JMD will evaluate exist/proposed conditions and add individual DLCs as necessary to comply with Caltrans' comment. 14. The proposed installation of signal head housing using Pleco Astro Bracket per Construction Note 5 is not permitted on State controlled traffic signals. Please use the Caltrans' Standard Plans and Specifications, or otherwise, justify why the State's should accept the Pleco Astro Bracket detail. JMD will modify the Bedford Court plan such that the new heads will be welded on to the mast arm with a new tenon. City will provide final locations of new heads and possibly provide new locations for existing heads. 15. Please provide Pole and Equipment Schedule. JMD will add Pole and Equipment Schedules for Bedford Court. 16. Please provide Conductor and Conduit Schedule to include existing as well as proposed DLC lead-in cables. JMD will add Conduit and Conductor Schedules for Bedford Court. 17. Please see attached traffic signal guide for placement of mast-arm signal indications. City will work with Caltrans to determine final locations of all signal heads. JMD to modify Bedford Court plan as directed by City. ,I C G C C C G G C C O O O O O O O O O U V V U V V U V ~J O O O O O O O O O a a a a s 0- a a a C)a)a) w0wo a) a) m ro ro ro ro ro ro ro ro O ro m ~ m~~ m m fn N `N O O N f/1 N /'11 `M O OJ OJ O7 f/1 OJ `N N O O7 N O7 N O7 O7 N N CD 0 7 0 0 O V 00 co co U M N O O ~p p ch LQ co 00 KJ f0 c0 M M f` r a C6" a N N eA K3 69 H3 69 H3 H3 69 a0 ai N4 Nq O d' O O O O O O O O M O O O O O O (D 6 C4 C4 EA 4 H3 69 H3 H3 b% M O M N r 1+ U) u7 r- N CO r N M u7 1+ co co co WO N N co R 1+ V LO O O co n co c7 1+ V f9 N N N co V co M co O CO r N r N r Q O O O 75 N E s r fn V ro O ro O ~ LL a~ O O O7 N ~ 0 IC m CL CL m C C O N ~ ~ d d L O 0 . N G w w w ro ~ , ~ E E ~ ~ m o d o a m 0 00 E ° U V y N z- d U 0 U 0 2 V u, v ro d O O ro y m O7 m M Z 0 CL E2 4 m E C) a rsn 0 Q 4 w ro s ro m a o Vi 0_ o o f D o 3 G~eyV ~V T QJ G C G C C D 0 a y N o LL ° - W . 7 d Q L- y- c V1 U 7S 7 F F Q m m- E v v m - Q Q E y O N a ar r ~ r L w v a ¢ r n i v a CF) O LLI ros ti O _ N M ro 4 r N J J Q N - - _ - - ~J f CO w - 0 O LL ill U cn z F D F Z ITEM NO. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer - Cl P RECOMMENDATION: That the City Council: Approve the Plans and Specifications for the Project; 2. Authorize the Department of Public Works to solicit construction bids for Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10. BACKGROUND: The Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10, are identified to be installed in fiscal year 2008-09 in the City's Capital Improvement Program. The subject intersections are located on major arterials adjacent to schools with vehicle/pedestrian movements controlled by 4-way stop signs. Installation of traffic signals will improve safety and circulation. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $400,000.00. FISCAL IMPACT: The Traffic Signal Installations on Butterfield Stage Road at Welton Way/Channel Street & Meadows Parkway at McCabe Drive/Sunny Meadows Drive, Project Nos. PW07-09 & PW07-10, are identified in the City's Capital Improvement Program, Fiscal Years 2009- 2013, and funded with Development Impact Fees - Traffic Signal. Adequate funds are available in Account Nos. 210-165-669-5804 and 210-165-672-5804. ATTACHMENTS: 1. Project Description 2. Project Location U U U U U U U U U U U ue ue ~ ~ ue ue ~ ~ ~ ue ue ® . s . s -i s -i s . s . s -i s -i s -i s . s . s H ~ H u H U H ~ H ~ H u H U H U H U H u H ~ w w w w w w w w w w w C _ _ _ _ _ _ _ Q Q Q Q Q Q Q Q Q Q Q C LL. T+ 4i 'o L 0. CIA CIA m (n m O o0 00 ~ ~ O O •--a •--a N N N r O O O O O O O O O O O N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O ~ O O O O O O O O O O O O ~ d O O O O O O O O O O O Q N N N N N N N N N N N . 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Parker, Director of Community Services DATE: December 16, 2008 SUBJECT: Southern California Gas Company Easement within Margarita Park PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council grant an easement to Southern California Gas Company for construction, operation and maintenance of facilities within Margarita Park. BACKGROUND: The City Council approved a Ground Lease Agreement for the YMCA of Riverside City and County, Inc. on January 14, 2003. The first amendment to this agreement was approved January 8, 2008. The Ground Lease Agreement and the First Amendment allows the YMCA to construct a recreational facility within Margarita Park. The development plan for the YMCA facility was approved by the Planning Commission on April 4, 2007. Grading began in January. The approval of this easement will allow Southern California Gas Company access to construct and maintain service to the YMCA building. FISCAL IMPACT: None ATTACHMENTS: Southern California Gas Company Grant of Easement Recording Requested by and when recorded mail to: Southern California Gas Company 555 W. 5 h St., ML GT 26C2 Los Angeles, CA 90013-1011 Attn.: Land & Right of Way DOCUMENTARY TRANSFER TAX $ CONVEYANCE OF EASEMENT (OIL AND GAS Atlas RCO 8645 & RCO 8646 LEASE) AND CONSIDERATION & VALUE is LEss THAN $100 R&T 11911 APN: 921-300-006 Computed on full value of property conveyed W.R.#: 1873474 R.W. 256,743 Computed on full value less liens and encumbrances remaining at time of sale GRANT OF EASEMENT Southern California Gas Company FOR VALUABLE CONSIDERATION, CITY OF TEMECULA, a municipal corporation, ("Grantor"), hereby grants to Southern California Gas Company, a California corporation, its successors and assigns ("Grantee"): a 6.00 foot in width non-exclusive easement to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation of gas, energy, communications, petroleum products and other substances (whether or not such substances are transported at any particular time), over, under, through, along, and together with the reasonable right of ingress and egress to and from the easement Facilities and the right to use Grantor's abutting property during construction of the Facilities, the strip of land located in the City of Temecula in County of Riverside, California, described in Exhibit "A" and depicted in Exhibit "B" (together "The Easement") attached hereto, and made a part of this agreement. Grantor, for its heirs, successors and assigns, agrees that, except as provided below, no change of grade of the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds (except for Grantee's Facilities), and that nothing shall be done to impair Grantee's vehicular access to or along the Easement. Grantor reserves the right to (1) use any surface or subsurface areas, provided such use does not unreasonably or substantially interfere with Grantee's use of the Easement; (2) improve the Easement area surface with landscaping (except trees and deep-rooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. Form 1390 Rev. 0412012006 EXECUTED this day of .2008. GRANTOR: CITY OF TEMECULA, a municipal corporation Michael S. Naggar Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney Exhibit "A" Legal Description YMCA Gas Easement 29119 Margarita Road, Temecula, CA 92592 A strip of land 10.00 feet in width across that portion of Lot 14 of Tract Map 3334, situated in the City of Temecula, County of Riverside, State of California, as shown by Tract Map on File in Book 54, Pages 25 through 30, inclusively of Tract Maps in the Office of the County Recorder of Riverside County, State of California, the sidelines of said easement being 5.00 feet on each side of the following described centerline: Commencine at the northwest corner of Lot 14 as shown on said Map, said point being on the southerly Right-of-Way of Margarita Road (88.00 feet wide); Thence along the northwest line of said Lot 14 South 34°54'52" West a distance of 269.07 feet; Thence South 55°05'08" East a distance of 40.00 feet to a point on a line which is parallel with and 40.00 feet easterly of said northwest line of said Lot 14, said point also being the True Point of Be ig nnina (TPOB); Thence along said parallel line North 34'54'52" East a distance of 202.07 feet; Thence North 81 °03'37" East a distance of 25.62 feet; Thence North 12'18'18" East a distance of 66.20 feet to said southerly Right-of-Way of Margarita Road; The sidelines of said strip of land to be elongated or shortened to terminate northerly at said southerly Right-of-Way of Margarita Road. Containing 2,939 square feet more of less. P ~LANDII a`z m(P o x ~ This description was prepared by me or under my direction: LS 5549 ~ a ~OF CAL\F- /?/3 2ot~ Michael L. Benesh Date L.S. 5649, Reg. Exp. 9/30/09 ti n m a n n ti ~ o m PROP O At, ydys % x Mks i S1tl1S 131N `yam n ~ D~ v~9 O n ~ ~FQ ti n o m n 2 n n m 2m o o y y n o ~ k W °~',~~°o NS~c0 n `C T o3 n o HW, n n 3 m so n n n 0~2 9 ~ 1 p0 ~ 1 n F °o top> 1 Z `S~3j, o I ~ w ~ \ v 0 m A o C cz~ rrl o°~ooon 3n o n m V 2 m cn cz: pti3o CA Z< D, h. m cN m C. 0 3 °'~y oC..l 2 a o"' po CyA C-n 1 p Z o~ ry a p o~ n o 2 N3 n A ~ ~ , N 0005524 W 1045.74' x m I I ~ ti m `o n n ,C~ i C,S 2 T < 4' ~ o ~ a 3 top> °n m Z \ a ai o \ \ ` Ji `r` j~o o n ~ z ~F \ 90~, 3 m \ .-1 r3 rn a ~O r m z O m a n m 0 m m n 016 n n 66,20, - - 3 Z 2 N o r ~ n a a o ~ a a °ss a ,C m°v 0 r _ r 44, 9 ITEM NO. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: December 16, 2008 SUBJECT: Purchase of Backup Generator for the Temecula Public Library RECOMMENDATION: That the City Council Award a contract with DataSpan for the purchase and installation of a backup power generator for the Temecula Public Library for the total amount of $103,001, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,300, which is 10% of the contract amount 3. Appropriate $113,301 from General Fund Capital Reserves to fund the purchase. DISCUSSION: Two years ago, the City opened the Temecula Public Library with the plan of eventually installing a backup power generator. The power panel in the Library's datacenter was wired to a transfer switch located in the main electrical room. Because of the space and power limitations in the current City Hall datacenter subsequent purchases of emergency operations equipment, e.g., reverse 911 and AM radio system, have been installed in the Temecula Public Library and require emergency backup power for operating in the absence of utility power. On November 14, 2008 the City issued a Request for Qualifications for an Emergency Power Backup Generator for the Temecula Public Library. Three firms submitted statements of qualifications and were subsequently interviewed. Staff determined that DataSpan was the most qualified firm to perform this task based on their project methodology, prior experience, and subject matter expertise. The scope of services for this project includes the following: 150kW generator, Automatic Transfer Switch, installation services for electrical installation and conduits, concrete pad and seismic bracing as well as block wall enclosure construction. FISCAL IMPACT: An appropriation of $113,301 is required from General Fund Capital Reserves to fund this purchase. ATTACHMENTS: Purchase and Installation Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND DATASPAN, INC FOR GENERATOR PURHCASE AND INSTALLATION This Purchase and Installation Agreement ("Agreement") is made and entered into as of December 16, 2008 by and between the City of Temecula ("City"), a municipal corporation, and Dataspan, Inc ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and install for the City Back Up Generator as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Term. This Agreement shall commence on December 16, 2008 and shall remain and continue in effect until December 15, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 3.. Purchase/installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment and service is $103,001.00 (One Hundred and Three Thousand and One Dollar and No Cents). The Purchase price is final and shall be paid by City to Vendor in accordance with Exhibit B. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 4. Scope of Work. Vendor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 $25.00 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. 6. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as the Library Back Up Generator and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 7. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 8. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. Time of Delivery. The date and time of delivery of the Equipment shall be on or before December 15, 2009. 10. Place of Delivery. The Equipment shall be delivered to this location: 30600 Pauba Road, Temecula CA 92592. 11. Resection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 12. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 13. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, defense costs, expenses and liability of any kind or nature which the City, District, and/or Agency its officers, officials, employees, agents 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the city. 14. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 15. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. 16. Insurance Requirements. Vendor 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 Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form number CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Vendor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has not employees. b. Minimum Limits of Insurance. Vendor 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) Workers Compensation: Employers Liability: One bodily injury or disease. as required by the State of California; million ($1,000,000) per accident for 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 Vendor 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 insureds as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. 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 Vendor'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, District and/or Agency its officers, officials, employees or volunteers shall be excess of the Vendor'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 Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. f. Verification of Coverage. Vendor 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 Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 17. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 19. 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 Vendor, or Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's sub-contractors on this project. Vendor 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. 20. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 21. Assignment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 22. 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: To City via U.S. Mail: City of Temecula P O Box 9033 Temecula. CA 92589-9033 To City via Courier Service:43200 Business Park Drive Temecula, California 92590 Attn: City Manager To Vendor: DataSpan 1111 W. Mockingbird lane Ste. 1050 Dallas, Tx. 75247 23. Governing Law. The City and Vendor 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 geographical 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. 24. 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 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. 25. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in on 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 M. Thorson, City Attorney Vendor By:, Name: By: Name: Two Signatures Required for Corporations EXHIBIT A DESCRIPTION OF EQUIPMENT/SCOPE OF WORK City of Temecula Date: November 12, 2008 43200 Business Park Drive Proposal Number: 111008A2-A IS/RFQ 08-03 (Emergency Back Up Valid: 30 Days Generator) Attn: City Clerk Terms: See Notes Temecula, CA 92592 Ships: 10 to 12 weeks ARO Re: Kohler 150kW Generator Installation 260 AMP ATS From: Billy Riddle (951) 378-3584 Joseph Nordlund (714) 414-1175 This quotation responds to your inquires for the purchase and electrical installation of a backup generator for Temecula Public Library. Many of these questions are TBD once we are awarded the contract. This solution provides a 150kW Generator for your Backup needs. Below is our quotation to meet your criteria: Item Oty Description 1 1 Kohler Generator Model 150RE0ZJD rated 155kW 194kVA @ 2771480 volt, 1 150REOZJD, 12V, 60Hz, UL2200 1 Standard Duty Air Intake 1 Nameplate Rating, Standby 130 Degree 1 Voltage, 60Hz,277/480V,Wye,3Ph,4W,0.8PF 1 Cooling, Unit Mounted Radiator 1 Skid, 41" 1 Controller, 16 Light,Dec3+,12V,800A 1 Control & Harness, JD6068, Tier3 1 Alternator, 4S13 1 Communication Module, 161-ight Controller 1 Annunciator, Remote Serial RSA1000 1 Run Relay, 12V 1 Local Emergency Stop Button 1 Block Heater, 1800w, 120V, 1 Ph 1 Enclosure, Sound Shield, Crit Sil, Cap 1 Safeguard Breaker 1 Battery Charger,Float w/Alarms,12V-10A 1 LCB, 225A, JDL, Therm Mag, 80% 1 Mtg, LCB, J-Frame, 200-250A, 4S 1 Neutral, 600A 4S 1 Covers, 4S J-Box H/J-Frame LCB 3 Lit Kit, General Maint, 150REOZJD 1 Flexible Fuel Lines 1 Double Wall, 336 Gal, 41" - 24 Hours 1 Air Cleaner Restriction Ind (RESTRICTED) 1 Coolant in Genset 6 gals. 1 Inner Tank Leak Alarm 1 KCT-AMWA-0260S Auto Transfer Switch 3 Lit Kit, ATS Production, KCP/KCT/KNM 1 Lead Acid Battery 1 1 Year Standard Warranty 2 1 Kohler ATS Model KCT-AMWA-0260S, 260 Amp, 4 Pole, Nema 1 enclosure Item ! Description 3 1 Service contract 1 year 2 preventative maintenance visits 4 1 Lot Materials to install Generator and ATS including all conduit, fittings, wire, and hardware to include: • (1) feed breakers for Generator Charger and Heater controls • All conduit, wire, fittings, hardware... etc. 5 1 Lot Services to install above materials and equipment. This includes: • Place Generator on pad and seismically anchor • Install 225 amp feed from Generator to 260 amp ATS • Install Heater and Charger circuits from Generator to Electrical Room Panel • All work to be done as per National Electrical Code NEC 6 1 Lot Services to install Generator Pad and Walls. This includes: • Demo and Excavation of dirt (Includes sprinkler systems and foliage) • Frame and pour Containment Pad • Trenching • Blockwall • Removal of all waste and cleanup site • All equipment rentals Equipment Subtotal (Item 1-2): $53,496.00 Service Contract Subtotal (Item 3): $1,450.00 Materials Subtotal Item 4): $2,895.00 Labor Pad (Item 6): $11,795.00 Pad and Wall Subtotal (Item 6): $25,995.00 Plans and Contractor Drawings $3,000.00 Tax at 7.76% $4,370.23 Freight: Included Total Project Cost: $103,001.00 PLEASE NOTE 1. All work to be completed during normal business hours. 2. Does not include unknown underground obstructions. 3. No allowances have been included in the quotation for building upgrades to comply with City, Fire Department, OSHPD, or Title 24 changes. 4. Terms are equipment billable upon delivery and services Net 30 after completion of project. 5. A recent SCAQMD rule requires that a particulate trap be added to generators for jobs located at or within 100 meters of a school grades K through 12 or day care centers. If your jobsite is within these requirements, we will be glad to provide you price adders for the installation of a particulate filter. 6. Cancellation charges are 15% of the purchase order amount. 7. Items NOT included within this quotation: a. Any and all underground obstructions, un-compactable soils, or hazardous soil conditions b. Engineering Fees, and/or permits c. Diesel Gasoline for the generator d. Any items or services not specifically mentioned e. Any items or services that the local/county government may require once permitting is pulled. EXHIBIT B Cost Breakdown and Payment Schedule Payment Schedule for the Backup Genertor System: Payment Schedule Amount Description Number 1 Upon execution of $51,500.50 50% payment the Agreement 2 Upon completion of $25,750.25 25% payment installation 30 days after 3 installation - When $25,750.25 Remaining 25% System is accepted by the City ITEM NO. 1 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: December 16, 2008 SUBJECT: 3-Year Agreement with Animal Friends of the Valleys for Animal Control Services PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: APPROVE a three-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $156,000 per year. 2. AUTHORIZE the City Manager to approve additional service not to exceed $10,000 in contingency. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, formerly L. E.A. F., since 1995 for animal control services. Animal Friends of the Valleys has performed very well during this period, and City staff, including the Police Department, has been very satisfied with the services they provide. This Agreement will begin July 1, 2008 and expire June 30, 2011 based upon the construction schedule of the new shelter. Renewal of this contract was delayed due to working through the financing of the shelter. Once the new shelter is built, this contract will be re-negotiated. The City of Temecula, City of Murrieta, City of Lake Elsinore, City of Canyon Lake and the County of Riverside have successfully formed a joint-powers authority (JPA) which will greatly assist in the effort to construct and operate a new shelter and we expect to have a new shelter completed within 24 months. It is anticipated that the ground-breaking for the new shelter will be in January 2009 with construction complete within 14-16 months. Until that time, we will continue to utilize this contract with Animal Friends of the Valley for field services. Once the new shelter is opened, a new user fee study will be conducted and the contract will be revised to reflect the new business climate at that time. The City will be billed a total of $156,000 ($13,000 monthly) for this service. This flat rate is a result of the estimated animal control service hours and mileage for service during the upcoming periods. Animal Friends of the Valleys will provide 1 Y2 full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officer will be serving the City of Temecula 12 hours, 5 days a week as well as after hour, weekends, and emergency calls. Animal Friends of the Valleys is also responsible for collecting license fees. Citation revenue collected in the current fiscal year and over the life of the contractwill be returned to Animal Friends of the Valleys to support programs added. The City will not be billed more than the $13,000 monthly rate. Any shortfall in license revenues will be the responsibility of Animal Friends of the Valleys. The administrative staff will also conduct hearings for animal control problems. FISCAL IMPACT: All costs associated with this contract have been included in the fiscal year 2008-09 Operating Budget. ATTACHMENTS: Agreement AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS (aka L.E.A.F.) THIS AGREEMENT is made and effective as of July 1, 2008 between the City of Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirteen Thousand Dollars and No Cents ($13,000.00) per month and in no eventthis amount shall not exceed One Hundred Fifty-six Thousand Dollars and No Cents ($156,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for anyservices rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work upto Ten Thousand Dollars and No Cents (10,000.00) annually. Any additional work in excess of this amount shall be approved by the City Council. C. Contractor will submit invoices monthly for the contract amount as described in Section 4a. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. C:Wrogr Hes(x86)Ve-a.Com\Dow=t CowerlerVemp5899658.doc 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City 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 City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Contractor 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. Contractor 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 identi- fied and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 C:Wrogr Hes(x86)Ve-aCom\Dow=t CowerlerVemp5899658doc 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 Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request bythe City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees may sustain or incur orwhich may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $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: $1,000,000 per accident for bodily injury and property damage. C:Wrogr Hes(x86)Ve-a.Com\Dow=t CowerlerVemp5899658.doc (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor 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 orself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor 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, 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith 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. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 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 Coverage. Contractor shall furnish the City with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 4 C:Wrogr Hes(x86)Ve-aCom\Dow=t CowerlerVemp5899658doc 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Contractor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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 (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C:Wrogr Hes(x86)Ve-a.Com\Dow=t CowerlerVemp5899658.doc To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Animal Friends of the Valley 33751 Mission Trail Wildomar. Ca 92595 (951) 674-0618 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 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 herebywarrants 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 orwritten, 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 Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 6 C:Wrogr Hes(x86)Ve-aCom\Dow=t CowerlerVemp5899658doc 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, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 By: Name: Title: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) 7 C:Wrogr Hes(x86)Ve-aCom\Dow=t CowerlerVemp5899658doc EXHIBIT A Scope of Services 1. Services To Be Provided. Contractor shall operate a complete animal control program for the City consisting of, but not limited to, field services, shelter operation, and licensing. Animal Friends of the Valleys will provide 1 full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officers will be serving the City of Temecula 12 hours per day, 5 days per week, as well as, after hours, week-ends and emergency calls. In the conduct of this program, CONTRACTOR shall perform the following specific functions: (a) Enforcement. Enforce all applicable provisions of the Temecula Municipal Code (Animal Control) as it exists on the date of this Agreement pertaining to animals, including the issuing of warning notices or citations as necessary for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of CONTRACTOR under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments. (b) Impound. Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however that identified, vaccinated, spayed or neutered cats shall be released as required by the Temecula Municipal Code. (c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid. (d) Complaint Investigation & Resolution. Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the County Fire Department and contract law enforcement provider for assistance with animal related situations. (e) Dead Animals. Remove dead animals from the public right-of-way within City limits and from other areas upon request. (f) Potentially Dangerous/Vicious Animals. In accordance with the Temecula Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. (g)Trapping & Removal. As limited by subsection (b) above, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes and skunks, from public or private property. CONTRACTOR will offer advice in setting a trap in any enclosed space and will remove belongings, and in emergency situations may be required to climb trees, crawl under houses, or so forth, or to maintain on-premises surveillance unless in the Officer's or his or her supervisor's opinion there is a direct, clear and present danger to human life or injury. Identified cats will be released as required by Temecula Municipal Code. CONTRACTOR will provide traps but will not be required to provide vector control. CONTRACTOR shall charge a fee for traps as set C:Wrogr Hes(x86)Ve-a.Com\Dow=t CowerlerVemp5899658.doc out in the City's Animal Control Fee Schedule as approved by Council action. (h) Dog Licensing. (i) CONTRACTOR shall implement a comprehensive licensing program including conducting dog license inspections. Area-wide canvassing will be conducted as part of the field service activity. CONTRACTOR shall administer the current licensing provision of the Temecula Municipal Code. (ii) Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination clinics and by Animal Control Officers in the field. CONTRACTOR shall send renewal notices by mail to owners of currently licensed dogs, and shall send an application for licensing when requested by owners. (iii) CONTRACTOR shall, at Contractor's expense, provide the forms and tags for such licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating applicable fees for licensing for the City. (iv) CONTRACTOR shall collect all license fees and penalties on behalf of the City, issue receipts for all such fees collected and keep copies thereof. CONTRACTOR shall retain $6.00 for each dog license sold. The remaining license revenue collected will be applied to the budget for City services under this contract. Revenue shortfalls, below the estimate, will be the responsibility of Animal Friends of the Valley. (v) All administrative citation revenue will be remitted to Animal Friends of the Valleys on a quarterly basis. (vi) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent or worthless payment received as payment for dog licenses issued, including penalties. (vii) CONTRACTOR shall cancel any dog license issued for which invalid payment was received, and give notice of such cancellation to the licensee. (viii) CONTRACTOR shall maintain such records in such form as required by the City's Director of Finance so as to provide for proper cash management and for review and audit of the monies collected. CONTRACTOR shall furnish the City a monthly report detailing the licensing activities. (i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s). 0) Disposition of Unclaimed Animals. After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed 9 C:Wrogr Hes(x86)Ve-aCom\Dow=t CowerlerVemp5899658doc animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption. (k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day clinics for rabies vaccination and licensing of dogs each year which are open to City residents and which may be located in the City, or may be held in conjunction with the City of Lake Elsinore. (1) Field Services. Assign one field service officer appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not necessarily limited to routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured or loose animals. CONTRACTOR shall assign a sufficient number of field service employees to duty at all times to meet the needs of this Agreement. CONTRACTOR shall provide service of six (6) hours per day during such hours as approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through Saturday. Emergency response shall be available 24 hours per day, seven days per week as described in subparagraph (m). CONTRACTOR shall advise fire and law enforcement authorities serving the City of Temecula of the telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hours services. (m) After-Hours. Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and CONTRACTOR agree that any incident reported to CONTRACTOR or City staff, through the fire or law enforcement provider involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by CONTRACTOR. When the City Manager or his or her designee has reason to believe that an animal control emergency exists, the Manager or his or her designee shall notify CONTRACTOR and request a prompt response. If CONTRACTOR fails to respond to such request within a reasonable time or fails to respond at all, the City shall request in writing that CONTRACTOR send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractor's written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from CONTRACTOR. (1) Requests to remove a wild, dangerous or injured animal or animals from an inhabited place or vehicle; (2) Reported animal bites involving loose animals; and, (3) Livestock, fowl or game birds being attacked or killed by dogs or other animals. 10 C:Wrogr Hes(x86)Ven6a Com\Dow=t CowerlerVemp5899658doc (n) Public Relations. Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, CONTRACTOR in processing any type of complaint or request for service will indicate to the caller when a response can be expected from CONTRACTOR and how CONTRACTOR will respond. In the event an in-- person response is appropriate to the specific situation, CONTRACTOR shall make such response by the end of the following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. (0) Complaints Regarding Service. Cooperate with the City to resolve any and all complaints filed with CONTRACTOR and/or the City pertaining to services provided under this Agreement. The City shall submit to CONTRACTOR in writing all complaints filed with the City concerning services provided by CONTRACTOR under this Agreement. CONTRACTOR shall report monthly in writing to the City the number of complaints received by CONTRACTOR directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement. (P) Legal. Coordinate with City and City Attorney any inspection warrants impounds or potential dangerous/vicious animal hearings or court actions. (q) Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. CONTRACTOR will file a report with the law enforcement provider within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen. CONTRACTOR shall indicate on the police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number. (r) Communications Equipment. CONTRACTOR agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement backup for its field personnel. (s) Other Equipment. CONTRACTOR shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicles and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (q) of this Section. CONTRACTOR shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident or intentional acts. (t) Personnel & Supplies. CONTRACTOR shall provide all personnel, supplies, and equipment necessary for the efficient and effective operation of the Animal Shelter and animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and all necessary envelopes and postage. Animal Control Officers will complete the County animal control training program, or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. (u) Use of Animal Shelter. CONTRACTOR shall provide access to and use of 11 C:Wrogr Hes(x86)Ven6a Com\Dow=t CowerlerVemp5899658doc the Animal Shelter which it leases pursuant to its animal control services agreement with the Elsinore Valley Municipal Water District. (v) Attendance at Meetings. Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so. 2. Coordination. Contractor's Executive Director and the City Manager shall meet not less than quarterly to discuss Agreement performance. 3. Reporting. (a) CONTRACTOR shall furnish the City monthly reports detailing shelter, field, licensing and identification activities, including a summary of the utilization of field service employees' hours required in Section 1 above and the records required by Section 1(P). (b) CONTRACTOR shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by CONTRACTOR for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved in writing by the City Manager. The records and/or animal control operations of CONTRACTOR shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to CONTRACTOR. CONTRACTOR shall provide the City a copy of Contractor's full Annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. 4. CONTRACTOR shall also implement the following programs on a continuing basis: (a) Public School presentations (b) Spay/neuter subsidy programs for low income persons (c) Cable television Announcements and educational messages (d) Ordinance review and changes aimed at ending pet overpopulation (e) Animal Rescue Plan for domestic animals during disaster (t) State Humane Officer services 5. In addition, CONTRACTOR will consult with the City and on any policy/procedure that affects Temecula animals, which shall be approved by the City Manager prior to implementation. 12 C:Wrogr Hes(x86)Ven6a Com\Dow=t CowerlerVemp5899658doc EXHIBIT B PAYMENT SCHEDULE 1. The City shall pay a monthly flat rate to Contractor in the amount of $13,000.00 per month for animal control services. In no event this amount shall not exceed $156,000.00 for the term of the Agreement. 2. Contractor shall charge License Fees for dogs within the City as follows: a. Altered dogs $15.00 for 1 year b. Altered dogs $20.00 for 2 years c. Altered dogs $25.00 for 3 years d. Unaltered dogs $35.00 for 1 year e. Unaltered dogs $70.00 for 2 years f. Unaltered dogs $105.00 for 3 years g. Senior Citizen's dogs $8.00 for 1 year h. Senior Citizen's dogs $10.00 for 2 years i. Senior Citizen's dogs $12.00 for 3 years j. Late penalty of $20.00 per license 13 C:Wrogr Hes(x86)Veewa Com\Dow=t CowerlerVemp5899658doc ITEM NO. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: December 16, 2008 SUBJECT: Edison Triton Substation - Letter of Concern (at the request of Councilmember Washington and Councilmember Roberts) PREPARED BY: Debbie Ubnoske, Director of Planning RECOMMENDATION: Receive and File a Letter of Concern regarding the proposed Edison Triton substation. BACKGROUND: At the November 25, 2008 City Council Hearing, staff presented information to the Council on the new proposed Triton substation located at the corner of Calle Medusa and Nicolas Road in Temecula. The proposal is a distribution centerthatwill take a 115KV line and step it down to 12KV for distribution to the cities of Temecula, Murrieta and southwest Riverside County. In addition, Edison proposes to replace nine wood poles with seven engineered tubular steel poles at a height of 85 feet. The Council expressed a concern with the location of this proposed substation as it will have significant aesthetic impacts to Nicolas Valley, a community that is currently in the midst of a planning effort that includes new Community Design Guidelines. This particular site is one of the main entries into Nicolas Valley. Subsequent to the November25, 2008 Council meeting, Council members Washington and Roberts asked that staff prepare a letter of concern. That letter of concern is an attachment to this staff report. The City has until December 22, 2008 to file a complaint with the California Public Utilities Commission to challenge the proposed Triton Substation Project. The letter of concern should be sufficient to address the City's concerns. FISCAL IMPACT: No fiscal impact to the City. ATTACHMENTS: Letter of Concern Letters from Grace Presbyterian Church City of Temecula Community Development Planning Division 43200 Business Park Drive • Temecula, CA 92590 P.O. Box 9033 • Temecula, CA 92589-9033 FAX (951) 694-6477 December 8, 2008 Mr. Viet Tran, Region Manager Southern California Edison 26100 Menifee Road Romoland, CA 92585-9752 Subject: Letter of Concern Dear Mr. Tran: The City of Temecula understands that on November 21, 2008 the Southern California Edison Company filed an Application for a Permit to Construct for the Triton Substation Project with the California Public Utilities Commission (CPUC). On November 25, 2008 staff presented an overview of this project to our City Council. At that meeting, the Council expressed concerns regarding this particular location. The City Council understands that Edison has a process to identify sites and that process includes looking at environmental constraints, physical constraints, functionality and fiscal impacts. Further, the City understands the need for an additional substation given the level of development activity that has occurred in Temecula, Murrieta and southwest Riverside County. However, at the same time, the City expects that Edison will place equal weight on detrimental impacts to the City. The City is aware that Edison initially chose a site that was adjacent to the existing power lines and this is a site that would seem to be good for all involved. It is the City's understanding that Edison has already purchased this new site and the City is therefore questioning a process where City and citizen input is requested when it appears the decision to purchase has already been made, albeit without having CPUC approval. It is the City Council's strong desire that Southern California Edison reconsider this particular location. This site is located in Nicolas Valley, a rural area of the City, and thus the proposal for an unmanned substation, as well as the replacement of nine wood poles with seven engineered steel poles at a height of 85 feet, will greatly compromise what is proposed to be one of the major entries into Nicolas Valley. The Planning Department is in the process of developing a Community Design Element for Nicolas Valley and this site, as mentioned above, is one of the major entrances into the Valley. In addition, this site is the location of the original Nicolas adobe which holds significance for many of the residents of Nicolas Valley. C:1Program Files (x86)1Neevia.ComlDocument Converterltemp1899971.doc 1 The City is disappointed that Edison has chosen a site that will have such a negative impact on our City especially in light of the fact that the initial site that was chosen would create far fewer impacts. Again, the City strongly encourages Edison to take into account both the concerns of the community and the City prior to making a final decision on a site which holds historical significance to our residents and which, if developed with the Triton substation, will greatly impact the aesthetic image of one of the City's last rural communities. Sincerely, Debbie Ubnoske Director of Planning cc: California Public Utilities Commission Docket Office 505 Van Ness Avenue, Room 2001 San Francisco, CA 94102 Southern California Edison Law Department Attention: Cheryl Lawson Exception Mail 2244 Walnut Grove Avenue Rosemead, CA 91770 California Public Utilities Commission Energy Division 505 Van Ness Avenue, 4I" Floor San Francisco, CA 94102 CAProgram Files (x86)\Neevia.Com\Document Converter\temp\899971.doc 2 "Growing Today for Tomorrow" Grace Presbyterian Church Rev. Jerry Hangen, Senior Pastor Rev. John Chambers, Parish Associate December 5, 2008 Debbie Ubnoske, Director of Planning Planning Department City of Temecula 43200 Business Park Drive Temecula, CA 92591 Attention Ms Ubnoske; Attached are copies of letters to Mr. Tran of Southern California Edison and to Mr. Hughes, Director of Temecula Public Works regarding Grace Presbyterian Church's position on the proposed SCE Triton sub-station. As you can see, we are quite concerned that they will not be required to make the same improvements that we had to make. We respectfully request that the city require them to make all improvements that are normally required. We would appreciate being kept advised of what development requirements the city will mandate. Sincerely, Harold Rous 31143 Nicolas Road • Temecula, CA 92591 e-mail: gracepres.temec@verizon.net (951) 695-1913 • FAX (951) 695-9116 Website: www.gracepreschurch.net "Growing Today for Tomorrow" Grace Presbyterian Church Rev. Jerry Hangen, Senior Pastor Rev. John Chambers, Parish Associate October 20, 2008 Mr. Viet Tran Region Manager Southern California Edison San Jacinto Valley Service Center Attention Mr. Tran: This is a follow up to our telephone conversation of last week regarding the SCE notification that the proposed site for the Triton substation has been changed to the 10 acres of land east of our Church along Calle Medusa. We are quite concerned about the change and want to advise you of some of the things that must be included in the SCE project, if we are to support this development. When the first phase of the Grace Presbyterian Church project was approved by the City in 2003, they committed to us that when the land across the street from our Church is developed they would be required to: 1. Widen the east side of Calle Medusa to include concrete curb and gutters. 2. Under ground all utilities that are currently on poles along Calle Medusa. 3. Landscape all areas with trees, bushes and ground cover to the same standards as was required of the Church. In addition to the above items we are requesting that the following items be included in the project. 1. Under ground all of the new or changed high voltage lines that are proposed to be installed on 85 foot metal poles. 2. Construct an over flow paved parking lot with proper entrances and exits for approximately 40 vehicles on SCE property for Grace Presbyterian to use at no charge. We attended the April, 2008 SCE open house and talked to your representatives. We do understand the need for the additional power requirements but the development must be done in a way not to damage any facet of the area, homes and businesses. We are proud of our new Church home and area, so we hope SCE will seriously consider our thoughts and requirements. Harold W. R 31143 Nicolas Road • Temecula, CA 92591 e-mail: gracepres.temec@verizon.net (951) 695-1913 9 FAX (951) 695-9116 Website: www.gracepreschurch.net "Growing Today for Tomorrow" Grace Presbyterian Church Rev. Jerry Hangen, Senior Pastor Rev. John Chambers, Parish Associate October 27, 2008 Mr. William G. Hughes Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92589 Attention Mr. Hughes: Attached is a copy of our letter to Mr. Tran of Southern California Edison as a result of their notification that the proposed site for their Triton substation had been changed to the 10 acres of land east of our Church along Calle Medusa. We are quite concerned whether the City will hold them to the same development standard that was required for our Church. The three items that we outlined are the ones that the City Manager told us would be required for any type of development on that piece of property. We were required to widen, pave, and install concrete curbs and gutters along the west side of Calle Medusa. In addition, we were required to install a large storm drain from the west side of Calle Medusa, under our parking lot and across Nicolas Road to drain the water into the creek from the site that SCE will be developing. None of this water drains from our property. We were also required to landscape our property to the highest standards. We understand that additional power is required for the Temecula area, but it must be done to the same standard required of all other developments. We respectfully request that we be kept advised of the development requirements that the City specifies for this project. `__X~i._ Harold Rouse Encl: Letter to SCE; SCE Brochure 31143 Nicolas Road • Temecula, CA 92591 e-mail: gracepres.temec@verizon.net (951) 695-1913 0 FAX (951) 695-9116 Website: www,gracepreschurch.net ITEM NO. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Redevelopment Director DATE: December 16, 2008 SUBJECT: 6th Street Property Promissory Note RECOMMENDATION: That the City Council Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6T" STREET PROPERTY PROMISSORY NOTE BACKGROUND: On December 10, 1991, the City Council authorized the purchase of a 1.4 acre site located on the northeast corner of Old Town Front Street and 6th Street in Old Town. The total acquisition cost was $918,171. On March 12, 1996, the property was conveyed from the City to the Agency in consideration of a Promissory Note in the amount of the acquisition cost. Subsequently, the easterly portion of the property was developed by the Agency as the 6th Street parking lot. The western portion of the property was originally leased and improved for a restaurant/transit center. This was later sold to the lessee. The Note was extended again in April 2002. In the past, available RDA funds were allocated to CIP projects which were seen as a higher priority than paying off the Note. It was intended for the Note to be paid off during the current fiscal year. However, with the State of California again implementing an Education Revenue Augmentation Funds shift (ERAF) in the amount of $898,685, the available funds for repayment have been impacted. It is therefore recommended that the Promissory Note be extended to December 16, 2013. Staff will evaluate a payment schedule from the Agency to the City's General Fund as part of the mid year budget review and bring back a comprehensive plan for the repayment at that time. FISCAL MPACT: Note is now approximately $1.9 million. The interest rate will be 5% annually, which is the prime rate plus one percent. ATTACHMENTS: Resolution No RDA 08- Promissory Note RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6T" STREET PROPERTY PROMISSORY NOTE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds determines and declares as follows: A. Pursuant to the provisions of Health and Safety Code Sections 33220 and 33610 and other applicable law, the City is authorized and expected to cooperate with the Redevelopment Agency and may make grants or loans to the Agency and to sell, convey or lease any of its property to the Agency, with or without compensation. B. The City acquired the property generally located at 6t" Street and Front Street, APN 922-023-020 (the "Property") and has conveyed the Property to the Agency. C. The Agency approved a five-year Promissory Note on March 12, 1996. D. The Agency approved a five-year extension on April 23, 2002. E. The Property has been developed for redevelopment purposes. Section 2. The City Council hereby approves the extension of the Promissory Note originally dated March 12, 1996 and approves the revised Promissory Note in the form attached hereto as Exhibit A, extending the Note to December 16, 2013. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 16 day of December, 2008. Mike 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 16 day of December, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" PROMISSORY NOTE The Redevelopment Agency of the City of Temecula ("Agency") hereby promises, for consideration received, to pay the City of Temecula ("City") the sum of One Million Nine Hundred Thousand Dollars and NO/100 ($1,903,333.00) bearing simple interest at the rate of 5% annually. This Note and all accrued interest from March 12, 1996 shall be due and payable December 16, 2013 as extended by mutual written agreement of the City and the Agency without interim payments by the Agency during the term of the Note, provided that the Agency may make partial payments or repay the amount of the Note in full prior to the due date without penalty. This Note is and will be subordinate to all existing debt of the Agency and such additional debt as the Agency may incur during the term of this Note and no funds of the Agency are pledged to its repayment. In the event of a default by the Agency, the City shall have all legal and equitable remedies available to it to enforce the terms of the Note. This Note is made as of December 16, 2008 at Temecula California. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts Chairperson ATTEST: Susan W. Jones, MMC/Agency Secretary City Clerk Peter M. Thorson Agency Counsel C:\Program Files (x86)\Neevia.Com,Document Conveiter\temp\899976.doc ITEM NO. 19 ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-4225) WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT-SANTA MARGARITA (OS-C- SM) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4,600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively the "Amendment"). D. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. RJOrds 2008/Ords 08-14 F. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08-52 recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment. H. At the conclusion of the Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 08-53 recommending that the City Council approve the Project, including the Pre-Zoning. 1. On December 9, 2008, the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing as prescribed by law, and certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. J. On December 9, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Pre-Zone and Zoning Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. Section 2. Legislative Findings. The City Council in approving the Pre- Zoning, hereby finds, determines and declares that: A. The Proposed Amendment implements the direction, goals and policies of the City's General Plan. The proposed Pre-Zone implements the proposed and existing General Plan Land Use Designations, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre-Zone applies Zoning Districts within the Development Code to match the boundaries of the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation. The Santa Margarita Area Annexation encompasses approximately 4,997 acres of which 4,284 acres propose Conservation-Santa Margarita (OS-C- SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 793 acres propose Hillside Residential-Santa RJOrds 2008/Ords 08-14 2 Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. The proposed Pre-Zoning for the Santa Margarita Area Annexation are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the E1R and the General Plan Goals, Policies and Implementation Programs as follows: -The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. -The Open Space Element (Biological Resources Pages OS-25 and OS- 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS- 3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). • The Open Space Element (Open Space Page OS-26 through Page OS- 28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. -The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; OS-10; OS-11; OS-12; OS-13; OS-14, OS-19; OS- 20, OS-21; OS-22; OS-25; OS-33; OS-34; OS-35. -The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. -The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside Development Standards specifically address LU-19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features, (3) Encourage a broad range of architectural and site planning solutions, and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the western escarpment and other surrounding hillside areas. RJOrds 2008/Ords 08-14 3 The Zoning is contingent upon the ultimate approval by LAFCO approved. If approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. B. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed zoning and development standards would protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 85% of the Santa Margarita Area Annexation boundary has been conserved as part of the SMER. Section 3. Pre-Zoning. A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby pre-zoned Hillside Residential - Santa Margarita (HR-SM), which shall become the zoning upon annexation of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby pre-zoned Open-Space Conservation Santa Margarita (OC-C-SM), which shall become the zoning upon annexation of the property to the City. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation is approved by the Riverside County Local Agency Formation Commission. Section 6. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. R:/Ords 2008/Ords 08-14 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 16th day of December, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] RJOrds 2008/Ords 08-14 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 08-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of December, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 16th day of December, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RJOrds 2008/Ords 08-14 6 X X } WRS x WRSx x x RI.1" County n an Ch"o County 05tH aMa moms ArNgn~aaMlm at, as Ta vW CoMmd. Ul z 2o"I'0esl9nasons b~Me Same Mal ar A-Mnexaton rXn „wsM gel City of Temecula - Santa Margarita Area Annexation Exhibit 1 Pre-Zoning Amendment Properties with MRSM Zoning Designation Exhibit 2 Assessor Parcel Numbers with Pre-zoning Designation of Hillside Residential-Santa Margarita District (HR-SM) 918090016 918090001 918090039 918100004 918090012 918090006 918090036 918100007 918090026 918090005 918090031 918100006 918090028 918090017 918060022 918090008 918090011 918120044 918060021 918090021 918090024 918090023 918080008 918090013 918060013 918090019 918090043 918090007 918100003 918090010 918060010 918110001 918090002 918100005 918060009 918060008 918090003 918090014 918090033 918090034 918090004 918100008 918090042 918090040 918090025 918090018 918130031 918090037 918110002 918090027 918110028 918090030 918100001 918090009 918100002 918090038 918100012 918090032 918090015 918090035 918090020 918130043 918090029 918060011 918090022 918060023 918080009 918060024 Exhibit 4 Assessor Parcel Numbers with Pre-zoning Designation of Conservation-Santa Margarita District (OS-C-SM) 940250002 918070014 940260005 940250003 918070011 940260002 940260003 918050009 940260004 940280006 918070019 918060018 940250006 918080011 918040011 918060014 918050003 918050008 918080007 918080010 918060019 918050006 918050002 918050001 918060007 918070012 918070018 918040003 918070008 918080001 918060001 918050005 918080003 918040004 918060017 918050007 918060020 918060015 918060002 918060003 918080002 918050004 918060006 918040012 918080006 918060016 918060004 940260001 ITEM NO. 20 ORDINANCE NO. 08-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND OPEN SPACE CONSERVATION DISTRICT-SANTA MARGARITA (OS-C-SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE-ZONING OF THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, VILEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of approximately 4600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of the San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initialized Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary ("Project"). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. E. A Draft Environmental Impact Report ("EIR") was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from September 22, 2008 through November 5, 2008 for a 45-day public review. F. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08-52 recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment.. H. At the conclusion of the Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 08-53 recommending that the City Council approve the Project, including the Zone Text Amendment. 1. On December 9, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. J. On December 9, 2008, the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing, and by adoption of Resolution No. 08-110 certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. Section 2. Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code, is hereby amended to add a new row immediately following the row entitled "Secondary Dwelling Unit," to read as follows, with all other aspects of the table remaining unchanged: Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Approval Planning Director Planning Commission City Council "Hillside Development Permit XV Section 3. A new Section 17.04.060 (Hillside Development Permit) is hereby added to Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.04.060 Hillside Development Permit A. Purpose and Intent. A Hillside Development Permit is required to facilitate and permit the orderly development of property within the HR-SM (Hillside Residential-Santa Margarita) and the OS-C-SM (Conservation-Santa Margarita) Zoning Districts within the Santa Margarita Area Annexation. The permit process will ensure that projects comply with a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City by carefully considering the size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain; presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas. Specific regulations and standards address the following City objectives: B. Application Requirements. Applications for a Hillside Development Permit shall be completed in accordance with the Section 17.03.030 of the Temecula Municipal Code. C. Authority of Hearing Bodies for a Hillside Development Permit. The Planning Commission shall have the authority to hear and act upon a Hillside Development Permit in accordance with the Temecula Development Code. The City Council shall have the authority to hear and act upon any appeal to the decision of the Planning Commission, pursuant to Section 17.03.090 of the Development Code. D. Hearing and Notice. Upon the determination that a Hillside Development Permit application is complete, a public hearing shall be scheduled with the Planning Commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this Code. E. Approval. A Hillside Development Permit may, based on findings set for in this Section, be approved, conditionally approved or denied after a public hearing. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03.090 of the Temecula Municipal Code. F. Findings. The Planning Commission may approve or conditionally approve a Hillside Development Permit only when the following findings can be made: 1. The Hillside Development Permit does not permit uses that are not otherwise allowed in the zone. 2. The proposed use is compatible with the nature, character and use of the surrounding area. 3. The proposed use will not adversely affect adjacent residents or structures. 4. The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community. 5. The Hillside Development Permit places suitable conditions on the project to protect surrounding properties. G. Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040.E of the Temecula Municipal Code. H. Revocation. A Hillside Development Permit may be revoked or modified by the Planning Commission in accordance with the provisions of Section 17.03.080 of the Temecula Municipal Code." Section 4. A new subsection H (Hillside Residential-Santa Margarita (HR-SM) is hereby added to Section 17.06.020 of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.06.020 remaining unchanged: "H. Hillside Residential-Santa Margarita (HR-SM). The Hillside Residential- Santa Margarita zoning district is intended to provide for development of very low density residential uses within the Santa Margarita Area Annexation boundaries. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and, limited emergency access. Typical lot sizes in the HR-SM district are equal to or greater than 10 acres." Section 5. A new column entitled "HR-SM" immediately following the column entitled "H," along with a new footnote 9, is hereby added to Table 17.06.030 (Residential Districts) of 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: Description of Use "HR-SM9 Residential Single-family detached P Duplex (two-family dwellings) - Single-family attached (greater than two units) - Multiple-family - Manufactured homes P Mobilehome park - Facilities for the mentally disordered, handicapped, or dependent or neglected children (six or fewer) P Facilities for the mentally disordered, handicapped, or dependent or neglected children (seven to twelve) C Alcoholism or drug abuse recovery or treatment facility (six or fewer) P Alcoholism or drug abuse recovery or treatment facility (seven or more) C Residential care facilities for the elderly (six or fewer) P Residential care facilities for the elderly (seven or more) C Congregate care residential facilities for the elderly 6 - Boarding, rooming and lodging facilities - Secondary dwelling units 7 P Granny flat P Guest house P Family day care homes-small P Family day care homes-large C Day care centers C Bed and breakfast establishments 6 C Emergency shelters C Transitional housing C Non-Residential Description of Use "HR-SM9 Agriculture/open space uses s C Religious institutions C Public utility facilities C Educational institutions C Libraries - Medical marijuana dispensary - Museums and art galleries (not for profit) - Kennels and catteries 6 - Noncommercial keeping of horses, cattle, sheep and goats 6 P Temporary real estate tract offices P Recreational vehicle storage yard 3 - Parking for commercial uses - Nonprofit clubs and lodge halls - Convalescent facilities - Golf courses - Home occupations P Construction trailers 5'6 P" Notes: "9 Development within the HR-SM zoning district is subject to Section 17.06.080 Hillside Development Standards." Section 6. A new column entitled "HR-SM" added immediately following the column entitled "H," is hereby added to Table 17.06.040 (Development Standards - Residential Districts) of Section 17.06.040 (Development Standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: Table 17.06.040 Development Standards - Residential Districts Residential Development Standards "HR-SM Lot Area Minimum net lot area (square feet) Minimum net lot area (acres) 10 Dwelling Units per net acre Lot Dimensions Minimum lot frontage at front property line (feet) 50 Minimum lot frontage for a flag lot at the front property line (feet) 40 Minimum width at required front setback area (feet) 100 Minimum average width (feet) 100 Minimum lot depth (feet) 150 Setbacks Minimum front yard (feet) 40 Minimum corner side yard (feet) 40 Minimum interior side yard (feet) 25 Minimum rear yard (feet) 25 Other Requirements Maximum height (feet) Subject to Section 17.06.080 Maximum percent of lot coverage Subject to Section 17.06.080 Open space required Subject to Section 17.06.080 Private open space/per unit Subject to Section 17.06.080" Section 7. A new Section 17.06.080 (Hillside Development Standards) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code and Chapter 17.06 to read as follows: "Section 17.06.080 Hillside Development Standards. A. Purpose and Intent. This Section is established to achieve the City's objective to facilitate and permit the orderly development of property within the HR-SM zone in the Santa Margarita Area Annexation through a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City and the broader community, recognizing the inherent value in the properties subject to the HR-SM Zone; allowing size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain, presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the City's objectives. Specific regulations and standards address the following City objectives: 1. To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical, and scenic resources. 2. To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community. 3. To promote and encourage a variety of high quality, alternative architectural and energy efficient development designs and concepts appropriate for hillside areas. 4. To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, and fire. B. Applicability and Permit Required. This Section applies to all properties within the Santa Margarita Area Annexation that are located within the HR-SM Zoning District. In addition to any other permit or approval required by this Code, any person proposing to subdivide, grade, erect, or construct into, over, or on top of property within the HR-SM Zoning Districts shall first obtain a land use entitlement through the approval of a Hillside Development Permit pursuant to Section 17.04.060 to ensure compliance with this Section. C. Definitions. The following terms shall have the following meanings for purposes of this Section- 1 . Accessory Facilities: Buildings, structures, roads, driveways, walls or fences incidental to permitted, or conditionally permitted, use. 2. Disturb: Alter the natural surface of the land or the natural vegetation by any means, including, but not limited to, grading, clearing, brushing, grubbing, or landscaping. 3. Graded Slope: All the faces of a graded slope, from the toe of the slope to the top of the slope, whether the faces are covered by natural vegetation, riprap, retaining walls or other material. 4. Hill: A well-defined natural elevation that extends above surrounding terrain. 5. Hillside: The side or slope of a hill. 6. Hillside Development Permit: An entitlement based upon an application which includes all required submittal documents that comprehensively evaluated to determine its impacts on neighboring property and the community as a whole, from the standpoint of the site, landscape design, architecture, materials, colors, lighting, signs, in accordance with the applicable development standards for the zone, as well as the Hillside Development Standards. 7. Hillside Development Standards: The Hillside Development Standards approved by the City Council of the City of Temecula as now exist and as may from time to time be amended. 8. MSHCP: The Western Riverside County Multi-Species Habitat Conservation Plan as adopted by the City Council of the City of Temecula on December 16, 2003. 9. Peak: The summit of a hill. 10. Restoration: The process of repairing a disturbed site to replicate its natural condition. 11. Ridgeline: A line connecting the highest elevation points of a ridge, running center and parallel to the long axis of the ridge. 12. Site: The parcel on which development is proposed. 13. Slope Analysis: An analysis prepared by a California licensed land surveyor or civil engineer based on a topographic map with contour intervals not exceeding 10 feet. D. Exemptions from Hillside Development Permit. 1. The following are exempt from the provisions of this Section: (a) Any development proposal calling for the construction of a structure in a ridgeline area having received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of the Ordinance shall be exempt; however, the requirements of the Ordinance shall be applied if an extension of time is requested. (b) Open space projects and regional or community trails on City of Temecula owned property. (c) City or other governmental projects that receive approval by the City Council of the City of Temecula. E. Environmental Assessment Required. A Hillside Development Permit processed under this Section shall be a "project" for purposes of the California Environmental Quality Act. F. Application Requirements. In addition to the application requirements of Section 17.03.030 of the Development Code, all of the following shall be submitted with a Hillside Development Permit application in the HR-SM Zoning District. 1. A site plan drawn to scale by a California licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridge lines, hills, hillsides and other significant landforms including rock outcroppings, all areas within two hundred (200) feet of a peak or ridge line, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities. 2. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 18 of the Temecula Municipal Code 3. A topographic map of the site, drawn to scale by a California licensed land surveyor or civil engineer, showing all the items referenced in paragraph 1 above. The scale on the topographic map shall be no smaller than one (1) inch equals two hundred (200) feet with contour intervals not exceeding ten (10) feet. 4. A slope analysis of the site showing the following slope categories- 0-15% grade, 16-20% grade, 21-25% grade and over 25% grade prepared by a Licensed Land Surveyor or a Registered Engineer. 5. Underground utility plan. 6. A biological report for the site addressing the topics enumerated in Section (conservation required) of this ordinance. 7. A Cultural Resources Assessment prepared by a qualified by archaeologist. 8. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Director of Planning. 9. A proposed land disturbance plan showing and describing the portion(s) of the site that would be disturbed, and the nature and extent of the disturbance. 10. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures. 11. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan. 12. A proposed architectural plan showing how primary and accessory structures would be constructed. 13. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated. 14. A line of sight analysis, visual analysis, geologic study or any other requirement deemed appropriate by the Planning Director. 15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006. G. Development Standards. The following development standards shall apply in the Hillside Residential-Santa Margarita (HR-SM) Zone whenever a Hillside Development Permit is required by this Section: 1. Height. (a) No dwelling, building or structure shall have more than two (2) stories. (b) On a level building pad, the maximum height of a dwelling, building or structure shall be thirty (30) feet measured from the foundation. (c) On a terraced building pad, the maximum height of a dwelling, building or structure shall be forty (40) feet measured from the lowest finished floor level, excluding any basement areas. 2. Lot Area. (a) The minimum lot size shall be ten (10) acres in the HR-SM zone. (b) Development in accordance with this Section may occur on a lot smaller than ten (10) acres in the HR-SM zone if the lot was legally created or previously existed on the effective date of this Ordinance, but no further subdivision of such a lot shall be allowed. 3. Land Disturbance. Land disturbance shall conform in all respects with the land disturbance plan approved by the Director of Planning. A land disturbance plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan. (a) Areas situated within two hundred (200) feet of a peak or ridgeline shall not be disturbed. (b) Natural slopes having a twenty-five (25) percent or greater grade shall not be disturbed. (c) The horizontal distance between a natural or graded slope and a roof, or portion thereof, shall not be less than twenty (20) feet. (d) The vertical distance of a graded slope shall not exceed fifteen (15) feet from the toe of the slope to the top of the graded slope, unless a five (5) foot bench is placed between two (2) graded slopes and the bench is planted with vegetation similar to that growing on the portion(s) of the site that have not been disturbed. (e) The maximum height of a graded slope, including required benching, shall not exceed thirty (30) feet. (f) The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum. (g) Land disturbance shall not exceed the following limitations: Land Disturbance Limitations Table HR-SM Zoning District Parcel/Lot Size Maximum Area That May Be Disturbed 10 net acres or greater 40,000 square feet Less than 10 acres 10% of the lot area (h) Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Director of Planning or Public Works. 4. Landscaping and Restoration. Landscaping and restoration shall conform in all respects with the landscaping and restoration plan approved by the Director of Planning. A landscaping and restoration plan shall be accompanied by a cash deposit equal to the cost of the re- vegetating all disturbed areas. The restoration plan shall be prepared by a biologist with expertise in habitat restoration. The Director of Planning shall retain this deposit until he/she is satisfied that re-vegetation has been successful, but in no event shall the Director of Planning retain the deposit for more than five (5) years. Within the five (5) year period, the Director shall have the authority to use the deposit to complete the required re-vegetation. 5. Architecture. Dwellings and accessory facilities shall conform in all respects with the architectural plan approved by the Planning Commission. 6. Exterior Lighting. Exterior lighting shall conform in all respects with the exterior lighting plan approved by the Director of Planning. An exterior lighting plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan: (a) Lights shall not be located on the portion(s) of the site that have not been disturbed. (b) Lights shall not be located closer than ten (10) feet from any property line. (c) Lights shall be fully shielded and directed away from areas deemed inappropriate by the Director of Planning. (d) Walls and other architectural elements shall not be lighted for decorative purposes. (e) Tennis and other sport courts shall not be lighted for any purposes. (f) The maximum lighting intensity of the site shall not exceed 250 lumens when measured at any property line. 7. Energy Efficient Standards. Energy efficient standards shall be incorporated during the construction and operational phase of any structure permitted under this Section. (a) Construction of any structure for human habitation permitted under a Hillside Development Plan shall be required to exceed Title 24 standards by a minimum of 10 percent. (b) All structures for human habitation shall incorporate sealed duct systems. (c) All structures for shall incorporate fluorescent lighting where practical. (d) "Energy Star" appliances shall be installed in all structures where applicable. (e) All structures for human habitation shall incorporate high- albedo roofing. (f) All structures for human habitation shall incorporate dual pained glass windows (g) All residential structures shall incorporate at least two of the following features to obtain a final building inspection. (1 } Spectrally selective or Low-E glass on all windows and doors. (2) Enhanced insulation which exceeds Title 24 standards by at least 15 percent. (3) A landscape design that utilizes trees or other vegetation to shade the structures sidewalks, patios, and driveways. (4) Solar water heaters. (5) Photovoltaic systems to supply at a minimum 80% of the normal power needs of the structures proposed and existing based on an annual average. 8. Green Building. All residential structures will be required to incorporate one of the following features in order to obtain a final building inspection. (a) Engineered and certified wood, which is harvested in a sustainable manner. (b) Tankless water heaters. (c) Cellulose attic insulation made from recycled materials. (d) Floor coverings made from recycled or sustainable materials. 9. Environmental Protection. Projects within the HR-SM zoning district shall comply with all applicable mitigation measures adopted in conjunction with the pre- zoning and annexation of the property to the City. H. Hillside Design Standards. In deciding whether to approve a Hillside Development Permit as required by this article and any subordinate land disturbance plan, erosion and sedimentation control plan, landscaping and restoration plan, architectural plan or exterior lighting plan, the Director of Planning shall certify that the R:/Ords 2008/Ords 08-15 15 plan complies with this Ordinance and the Hillside Design Standards. Applicants are strongly advised to consider the Hillside Design Standards in formulating the above-referenced plans. Relief from Development Standards. Notwithstanding the specific requirements set forth in this Section 17.06.080 above, relief from the development standards may be granted concurrently with the processing of a Hillside Development Permit in accordance with the following procedure: 1. An applicant may file an application for relief from certain development standards with the Planning Department. The application shall be filed on forms and submitted with information as required by the Department. 2. Applications for an relief from development standards shall be submitted to the Planning Department and shall be accompanied by the submittal requirements of Sections F and G of this Ordinance, and the following: (a) Fees in accordance with the most recently adopted fee schedule. (b) In certain cases, the Directors of Planning, Building and Safety, or Public Works may require the project applicant to provide additional studies, including but not limited to, geological studies and or a visual analysis of the project design either through a project simulation using computer aided three-dimensional modeling coordinated with photography showing before and after conditions or a scaled three-dimensional model showing before and after conditions. 3. The Planning Commission may approve relief from the requirements of Section (G of this Chapter) if: (a) The applicant demonstrates that the proposed alternative complies with and, furthers the intent of this ordinance. (b) The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this ordinance for quality, effectiveness, durability, and safety. 4. The relief from development standards shall be heard at a public hearing of the Planning Commission. RJOrds 2008/Ords 08-15 16 J. Conservation Required Any project for which a Hillside Development Permit is required by this Section shall be designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous, and integrated open space systems within an area, particularly when located contiguous to open space preserve areas. A Hillside Development Permit shall be in compliance with the MSHCP. K. Hillside Cluster Development Option. 1. The purpose of the hillside cluster development option is to provide (a) Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features and biological resources; (b) Protection of natural, historic and man-made elements of scenic, environmental or cultural significance; (c) Design innovation; (d) Flexibility of siting of structures and roadways; (e) More cost effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services; (f) Additional open space for private or community purposes; (g) A preferred planning tool for the development of land within the HR-SM zone. 2. Definitions. Cluster Open Space: Open space, either natural or functional, provided to compensate for lot size reductions from minimum lot size area requirements in the applicable zone. Public Open Space: Open space owned by a public agency, such as the City of Temecula, or the Western Riverside County Regional Conservation Authority and maintained for scientific and biological values or in furtherance of the goals of the Western Riverside County Multi Species Habitat Conservation Plan. RJOrds 2008/Ords 08-15 17 Scope: The cluster development option is permitted in the HR-SM Zoning District. 3. Planned Development Overlay Required. Proposed cluster developments must be processed pursuant to the requirements of the Planned Development Overlay District as set forth in Section 17.22 of the Development Code. 4. Development Standards. (a) Minimum Site Area: None in the HR Zoning District. (b) Overall Density: Greater than 10 acres per dwelling unit in the HR Zoning District. (c) Minimum Lot Area Per Dwelling Unit: No minimum lot size, as may be approved by the Hillside Development Plan. (d) Minimum Set Back Requirements: As may be approved by the Hillside Development Plan. (e) Minimum Distance Between Buildings: As may be approved by the Hillside Development Plan. (f) Utilities: Utilities shall be located within the development portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space. (g) Excess cut and fill material shall be disposed of in accordance with the Title 18 of the Temecula Municipal Code. (h) Roads: All streets and highways must have horizontal and vertical alignments consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in (the City of Temecula road design manual). (i) Landscaping: In accordance with subsection G.4 of this Section and section 17.32 of the Temecula Municipal Code. (j) Exterior Lighting: Any exterior lighting shall conform to subsection G.6 of this Section. (k) Environmental Protection: Cluster developments within the HR-SM district shall comply with all applicable mitigation RJOrds 2008/Ords 08-15 18 measures adopted in conjunction with the pre-zoning annexation of the property to the City. 5. Open Space Requirements. (a) Cluster Open Space Requirements: Cluster open space shall be designed to save as much as the natural open space feasible, but in no case shall the open space be less than 90 percent of the gross site area. (b) Cluster open space ownership and control shall be only: (1 } As part of and individual, private lot with recorded open space covenants running with the land; (2) By the City of Temecula, as legally dedicated to and approved by the City Council; (3) By the Western Riverside County Resource Conservation Authority; (4) By a qualified nonprofit conservation organization as deemed acceptable by the City. (c) Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainage ways, and disturbed, unvegetated areas." Section 8. A new subsection D is hereby added to Section 17.14.020 of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.14.020 remaining unchanged: "D. Conservation-Santa Margarita District (OS-C-SM). The conservation zoning district is intended for those lands within the Santa Margarita Area Annexation boundaries that are in public or quasi-public ownership for open space purposes that should remain in a natural state as much as feasible without intrusions from active uses. Improvements may be made to these areas to allow for safe limited public access or for control of erosion, geologic stability, or other public safety or utility purposes. The construction of buildings or other structures is not permitted except for flood control structures or public utility facilities, which may be permitted with the approval of a conditional use permit." Section 9. A new column entitled "OS-C-SM" immediately following the column entitled "OS-C" is hereby added to Table 17.14.030 (Schedule of Permitted Uses-Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula RJOrds 2008/Ords 08-15 19 Municipal Code to read as follows, with all other portions of the table remaining unchanged: 17.14.030 USE REGULATIONS. The primary uses permitted in the open space zoning districts is indicated in Table 17.14.030. Table 17.14.030 Schedule of Permitted Uses - Open Space Schedule of Uses "OS-C-SM Agricultural uses - Athletic field - Bicycle paths - Campground - Caretakers quarters - Cemeteries, mausoleums and related uses - Flood control structures C Game courts, badminton, tennis, racquetball - Golf driving range not part of a golf course - Golf course and clubhouse - Golf course resort (including accessory visitor supporting accommodations and commercial uses such as hotels, fractional ownership units, day spa, restaurants, and conference center.) - Government and public utility facilities C Gymnasium - Communications and microwave installations 1 - Nature centers/exhibits - Nurseries - Outdoor exhibits - Picnic group facilities - Private parks and recreation facilities - Parking areas - Public parks and recreation facilities - RJOrds 2008/Ords 08-15 20 Recreational vehicle park - Riding stable, public or private - Shooting galleries, ranges, archery courses - Single-family dwellings (1 unit per 40 acres) - Tree farms Note: All development subject to the standards set forth in Section 17.06.080. Section 10. A new column entitled "OS-C-SM" immediately following the column entitled "OS-C" is hereby added to Section 17.14.040 (Development Standards) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: 17.14.040 DEVELOPMENT STANDARDS. The development standards for the open space zoning districts are as indicated on Table 17.14.040. Table 17.14.040 Open Space Development Standards - Open Space Development Standards "OS-C-SM Minimum lot size - Maximum lot coverage - Maximum height - Floor area ratio - Setback from street RAN line - Setback from adjoining property lines - Minimum open space 100%" Section 11. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation is approved by the Riverside County Local Agency Formation Commission. RJOrds 2008/Ords 08-15 21 Section 13. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 16th day of December, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] RJOrds 2008/Ords 08-15 22 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 08-15 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of December, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 16th day of December, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RJOrds 2008/Ords 08-15 23 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 21 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECEMBER 9, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 6:14 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: 0 DIRECTORS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No reports at this time. CSD CONSENT CALENDAR 7 Minutes RECOMMENDATION: 7.1 Approve the minutes of November 25, 2008. MOTION: Director Edwards moved to approve the Consent Calendar seconded the motion and electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No report at this time. CSD GENERAL MANAGER'S REPORT No report at this time. CSD BOARD OF DIRECTORS' REPORTS No additional comments. Director Naggar RAMinutes\120908 CSD ADJOURNMENT At 6:15 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 16, 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. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] RAMinutes\120908 2 ITEM NO. 22 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: Financial Statements for the Three Months Ended September 30, 2008 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the three months ended September 30, 2008. 2. Approve a transfer of $26,000 to Service Level "B" Fund R.E.S.T from TCSD Citywide R.E.S.T. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2008. Please see the attached financial statements for an analytical review of financial activity. Staff has reviewed the financial activity for the first quarter and is recommending some adjustments. The proposed increase in the Service Level "B" is due to lower Fund balance than expected at the end of fiscal year June 30, 2008. We received notice from Southern California Edison (SCE) that rates will increase beginning April 1, 2009. Staff will return to City County during the 2008/09 Mid Year budget process to recommend the necessary budgetary actions to consider these additional related expenditures. FISCAL IMPACT: None ATTACHMENTS: -Combining Balance Sheet as of September 30, 2008 -Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the three months ended September 30, 2008 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2008 and the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the three months ended September 30, 2008 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 2008 ASSETS: Cash and Investments Receivables Due from Other Funds TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: Due to Other Funds Other Current Liabilities FUND BALANCES: Reserved Designated TOTAL FUND BALANCES TOTAL LIABILITIES and FUND BALANCES Please note that these balances are unaudited. Parks & Service Service Service Recreation Level B Level C Level D $425,924 19,756 $260,275 $33,960 69,143 893 3,998 4,465 270,755 $765,822 $20,649 $264,273 $38,425 $136,000 $745,184 261 $110,430 $3,682 745,184 136,261 110,430 3,682 20,638 (115,612) 153,843 34,743 20,638 (115,612) 153,843 34,743 $765,822 $20,649 $264,273 $38,425 1 Temecula Community Services District Combining Balance Sheet As of September 30, 2008 ASSETS: Cash and Investments Receivables Due from Other Funds TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: Due to Other Funds Other Current Liabilities FUND BALANCES: Reserved Designated TOTAL FUND BALANCES TOTAL LIABILITIES and FUND BALANCES Please note that these balances are unaudited. 2001 Service Service Debt Level R Level L Library Service Total $39,297 $210,493 $2,122,250 $392,977 $3,504,932 2,051 16,968 893 98,411 270,755 $39,297 $212,544 $2,139,218 $393,870 $3,874,098 $15,081 $1,723,832 15,081 1,723,832 $39,297 197,463 415,386 39,297 197,463 415,386 $39,297 $212,544 $136,000 2,598,470 2,734,470 $393,870 393,870 745,758 $2,139,218 $393,870 $3,874,098 z Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 Annual Percent Amended YTD Total Total Budget Activity Encumbrances Activity Activity REVENUES: Special Tax $3,710,806 (1) TCSD Admin Fee Credit/"REST" 6,322,245 1,580,561 1,580,561 25% Recreation Programs 1,524,485 482,109 482,109 32% Investment Interest 27,000 7,914 7,914 29% Development Services 137,102 29,040 29,040 21% TOTAL REVENUES 11,721,638 2,099,624 2,099,624 18% EXPENDITURES: Parks, Medians and Arterial Street Lighting 7,088,540 1,510,662 $1,475,726 2,986,388 42% Seniors 257,740 69,431 16,146 85,577 33% Community Recreation Center (CRC) 507,835 146,232 31,185 177,417 35% Recreation Programs 785,765 300,596 31,698 332,294 42% Temecula Community Center (TCC) 282,142 46,834 14,168 61,002 22% Museum 262,384 62,884 24,139 87,023 33% Aquatics 592,487 220,916 93,456 314,372 53% Sports 293,164 74,830 74,830 26% Children's Museum 339,669 78,438 25,204 103,642 31% Community Theater 1,121,127 318,938 98,575 417,513 37% Cultural Arts 129,662 53,647 9,504 63,151 49% TOTAL EXPENDITURES 11,660,515 2,883,408 1,819,801 4,703,209 40% (2) Revenues Over/(Under) Expenditures 61,123 (783,784) Transfers Out (497,025) (380,380) Revenues Over/(Under) Expenditures and Transfers (435,902) (1,164,164) Beginning Fund Balance, July 1, 2008 1,184,802 1,184,802 Ending Fund Balance, Sept 30, 2008 $748,900 $20,638 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal yea 2) The variance in expenditure is due to encumbrances that are recorded for the entire year. 3 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES: Assessments TCSD Admin Credit/REST Street Lighting Fees Investment Interes' TOTAL REVENUES Annual Amended YTD Percent Budget Activity of Budget $641,255 (1) EXPENDITURES : Salaries & Wages Street Lighting Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2008 Ending Fund Balance, September 30, 2008 147,241 73,621 50% 700 360 51% 889 789,196 74,870 9% 6,889 1,678 24% 814,000 208,910 26% 13,500 834,389 210,588 25% (45,193) (135,718) 20,106 20,106 ($25,087) ($115,612) (2) Notes : 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Due to timing difference, the assessments are expected to be received at the end of January 200 4 Temecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES: Assessments Plan check and inspections Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Landscape Maintenance Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 Annual Amended YTD Percent Budget Activity of Budget $1,582,729 2,706 3,521 1,582,729 6,227 0% 221,384 56,874 26% 992,331 211,137 21% 494,560 132,874 27% 1,708,275 400,885 23% (125,546) (394,658) 548,501 548,501 $422,955 $153,843 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. (1) 5 Temecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget REVENUES: Assessments $5,663,861 (1) Grants 25,690 25,692 25,692 100% (2) Recycling Program 5,000 Investment Interest 6,000 4,460 4,460 74% TOTAL REVENUES 5,700,551 30,152 30,152 1% EXPENDITURES Salaries and Wages 66,907 15,971 15,971 24% Refuse Hauling 5,579,630 174,692 174,692 3% (3) Operating Expenditures 57,818 22,636 22,636 39% TOTAL EXPENDITURES 5,704,355 213,299 213,299 4% Revenues Over/(Under) Expenditures (3,804) (183,147) Beginning Fund Balance, July 1, 2008 217,890 217,890 Ending Fund Balance, Sept 30, 2008 $214,086 $34,743 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Recycling grant from the State was received in August 2008. 3) Refuse hauling payments are made semi-annually in January and June of each fiscal year. 6 Temecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Emergency Street Maintenance Property Tax Admin. Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Annual Amended YTD Budget Activity $9,370 1,000 10,370 12,200 100 8 12,300 8 (1,930) (8) Beginning Fund Balance, July 1, 2008 39,305 39,305 Ending Fund Balance, Sept 30, 2008 $37,375 $39,297 YTD Total Percent Encumb. Activity of Budget (1) $6,500 $6,500 53% (2) 8 8% $6,500 6,508 0% Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is due to encumbrances that are recorded this quarter for the remainder of this year. 7 Temecula Community Services District Service Level L - Lake Park Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES: Assessments Harveston Lake Boat Fees Investment Interest TOTAL REVENUES Annual Amended Budget YTD Percent Activity of Budget 1,743 29% 1,743 1% (1) EXPENDITURES: Salaries & Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 $221,000 2,400 6,000 229,400 60,191 211,400 271,591 (42,191) 260,123 15,663 26% 48,740 23% 64,403 24% (62,660) 260,123 $217,932 $197,463 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 8 Temecula Community Services District Temecula Library Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES: TCSD Admin Fee CreditP'REST° Library Services Investment interest TOTAL REVENUES EXPENDITURES: Salaries & Wages County Reimbursement Operating Expenditures TOTAL EXPENDITURES Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $1,410,860 $352,715 $352,715 144,600 37,755 37,755 40,000 16,968 16,968 1,595,460 407,438 407,438 42,836 6,848 6,848 900,000 684,066 153,618 $66,442 220,060 1,626,902 160,466 66,442 226,908 25% 26% 42% 26% Revenues Over/(Under) Expenditures (31,442) 246,972 Beginning Fund Balance, July 1, 2008 168,414 168,414 Ending Fund Balance, Sept 30, 2008 $136,972 $415,386 Notes: 1) Payment to County for Library services is expected to be processed by the end of this fiscal year. 16% (1) 32% 14% 9 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2008 REVENUES Investment Interest Transfer In Annual Amended YTD Budget Activity Percent Total Of Encumbr. Activity Budget $890 380,380 77%(l) 381,270 77% TOTAL REVENUES EXPENDITURES: Debt Service - Principal Debt Service - Interest Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2008 $890 $497,025 380,380 497,025 381,270 265,000 225,725 6,300 497,025 381,270 12,600 12,600 Ending Fund Balance, September 30, 2008 $12,600 $393,870 (2) (2) $3,850 3,850 61% 3,850 3,850 1% Notes: 1) The operating transfer is processed this quarter for principal and interest payment due in October 2008. 2) Debt service principal and interest are scheduled to be paid on October 1, 2008. 10 DISTRICT BUSINESS ITEM NO. 23 Approvals City Attorney 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: December 16, 2008 SUBJECT: Appointment of President and Vice President of the Community Services District for Calendar Year 2009 RECOMMENDATION: That the Board of Directors Entertain motions from the Board of Directors to appoint the President, effective January 1, 2009, to preside until the end of Calendar Year 2009; 2. Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2009, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2009. BACKGROUND: The Community Services District Board of Directors appoints a member to serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2009. FISCAL IMPACT: None TCSD DEPARTMENTAL REPORT ITEM NO. 24 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 16, 2008 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Plan Check phase of the Redhawks Parks Improvement project is complete and staff anticipates this project will be out to bid before the end of the year. The Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. This project will include a restroom facility, ADA improvements, turf and irrigation modifications, half-basketball courts, and a permanent dog park which includes water fountains, picnic tables, ornate fencing, landscaping and concrete walkways. The Escallier House and Barn have been relocated, as part of the Temecula Community Center (TCC) expansion project, and the tenant improvement plans are currently being prepared. A bid opening was held on September 30, 2008 and City Council awarded a contract to Staff anticipates start of construction in early January 2009. The Old Town Gymnasium project is in the design development stage. Staff, representatives from the Boys and Girls Club and the architect met to discuss opportunities and constraints of the site and discuss the preliminary design elements for the project. The architect is drafting possible concepts to present to the sub-committee in January 2009. The Community Services Department staff is working with the Planning Department on the City's Sustainability Plan. The Murrieta Creek Trail Project continues in the construction phase. The asphalt and DG paths and walkways have been installed on the north end of the project. Installation of asphalt and DG is complete, tables and benches have been placed and irrigation is being completed and landscape installation will follow.. The Veteran's Memorial Project - Phase I II is currently underway. Engraving of pavers is taking place on site. The local VFW will continue to accept paver applications for a final installation in early 2009. The Community Services Department planned and programmed a variety of holiday events including the 11th Annual Christmas Tree Lighting Ceremony, the 8th Annual Santa's Electric Light Parade, Holiday Lights and Festive Sights contest and bus tours, Breakfast with Santa, Winter Wonderland at the Temecula Children's Museum, as well as a variety of holiday programs at the Old Town Temecula Community Theater. The 2009 Winter/Spring Guide to Leisure Activities was mailed to Temecula residents the week of December 7, 2008. Residents will be able to register or on-line immediately. Staff continues to plan, program and implement special events and activities and to work with contract instructors to provide a vast array of classes, programs and activities to enjoy throughout the year. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 2008 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. In addition to classes and activities, there are many special events including theater performances, excursions, etc. The Cultural Arts Division is responsible for the day-to-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities, and assist in all aspects of City-wide special events. REDEVELOPMENT AGENCY ITEM NO. 25 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY DECEMBER 9, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 6:15 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. RDA CONSENT CALENDAR 8 Minutes RECOMMENDATION: 8.1 Approve the minutes of November 25, 2008. MOTION: Agency Member Edwards moved to approve the Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected unanimous approval. RDA EXECUTIVE DIRECTOR'S REPORT No reports at this time. RDA AGENCY MEMBERS' REPORTS No reports at this time. RAMinutes\120908 RDA ADJOURNMENT At 6:16 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 9, 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 Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RAMinutes\120908 ITEM NO. 26 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: December 16, 2008 SUBJECT: Financial Statements for the Three Months Ended September 30, 2008 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the three months ended September 30, 2008. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30, 2008. Please seethe attached financial statements for an analytical review of financial activity. The adoption of the 2008/2009 State of California budget requires redevelopment agencies to shift property tax revenues to the Education Revenue Augmentation Fund (ERAF) for schools and colleges. The amount due from the Temecula Redevelopment Agency, as calculated by the California Department of Finance, is expected to be $898,685. This amount must be paid by the Temecula Redevelopment Agency to the County of Riverside on or before May 10, 2009. Since the State budget was approved subsequent to the adoption of the City's 2008/2009, this $898,685 payment was not included in the 2008/2009 budget for the Temecula Redevelopment Agency. Staff will return to City Council during the 2008/2009 Mid Year budget process to make the recommend the necessary budgetary actions to remit this payment to the County. It is anticipated that higher than anticipated tax increment revenues will be available and will be used to finance a portion of this payment. FISCAL IMPACT: The estimated revenues and appropriation for Debt Service Fund has no net impact. ATTACHMENTS: -Combining Balance Sheet as of September 30, 2008 -Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Three Months Ended September 30, 2008 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 2008 and the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Three Months Ended September 30, 2008 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2008 Affordable Housing CIP Fund Fund ASSETS: Cash and Investments Receivables Land Held for Resale TOTAL ASSETS $8,994,300 $20,860,800 11,213,484 20,127 6,616,177 98,484 $26,823,961 $20,979,411 LIABILITIES and FUND BALANCE Liabilities: Other Current Liabilities Deferred Revenue Total Liabilities $94,609 $100,136 Debt Service $17,191,916 33,161 $17,225,077 $1,903,333 Total $47,047,016 11,266,772 6,714,661 $65,028,449 $2,098,078 Fund Balance: Reserved Total Fund Balance TOTAL LIABILITIES and FUND BALANCE Please note that these balances are unauditec 10,631,146 100,136 1,903,333 12,634,61 S 16,192,815 20,879,275 15,321,744 52,393,834 $26,823,961 $20,979,411 $17,225,077 $65,028,449 1 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Affordable Housing For the Three Months Ended September 30, 2008 REVENUES: Property Tax Increment Investment Interest Rental Income Forgivable Loan Repayment/Miscellaneous TOTAL REVENUES EXPENDITURES: Salaries and Benefits Operating and Administrative Expenditures Homebuyer Program Affordable Housing/Future Obligations Affordable Housing Units Residential Rehabilitation Programs Temecula Education Center NW RDA Property Grading NPDES TOTAL EXPENDITURES Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget $3,598,411 $63,901 $63,901 2% (l) 258,000 78,501 78,501 30% 138,000 138,000 138,000 100% (2) 45,000 40,422 40,422 90% (3) 4,039,411 320,824 320,824 8% 523,753 103,543 479,392 57,116 $73,904 1,800,000 305,000 8,750,000 251,992 33,963 36,386 174,968 174,968 300,000 12,585,105 194,622 285,258 103,543 20% 131,020 27% (4) (4) (4) 70,349 28% 174,968 100% (5) (6) 479,880 4% Revenues Over/(Under) Expenditures Begimung Fund Balance, July 1, 2008 Ending Fund Balance, Sept30,2008 (8,545,694) 126,202 16,066,613 16,066,613 $7,520,919 $16,192,815 Notes: 1) Property Tax increment is received in January and May of this fiscal year. 2) The annual rent from Temecula Gardens is due by September of this fiscal year. 3) The variance is due to reimbursement agreement from Rancho Water District for Diaz property. 4) The variance in Affordable Housing program is due to timing of approved applicants during this quarter. 5) The variance is due to encumbrances that are recorded for the remainder of the year for winterizing the Diaz property. 6) The Northwest property grading for NPDES agreement was approved by Council on September 23, 2008. 2 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency-CIP For the Three Months Ended September 30, 2008 REVENUES: Investment interest Transfer In Rental Income/Miscellanous TOTAL REVENUES CAPITAL PROJECTS: Old Town Building Fagades 280-813 Auto Mall Sign 280-842 OPERATING EXPENDITURES: Salaries and Wages Operating and Administrative Expenditures Old Town Plan Implementation TOTAL EXPENDITURES: Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (Uses Annual Percent Amended YTD Total of Budget Activity Encumbrances Activity Budget $69,000 525,000 4,000 $13,206 $13,206 19% (1) 2,885 72% 16,091 3% 2,885 598,000 16,091 102,500 22,278 800,000 $2,500 24,778 24% 177,966 53,180 53,180 30% 612,330 51,991 60,483 112,474 18% 226,529 56,511 5,824 62,335 28% 1,919,325 183,960 68,807 252,767 13% (1,321,325) (167,869) (19,325,049) (1,141,176) (20,646,374) (1,309,045) Beginning Fund Balance, July 1, 2008 22,188,320 22,188,320 Ending Fund Balance, Sept 30, 2008 $1,541,946 $20,879,275 Notes: 1) The variance is due to the timing of the operating transfer in for this Fund. 3 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 2008 REVENUES: Property Tax Increment Investment Interest TOTAL REVENUES OPERATING EXPENDITURES: Trustees Admin Fees Property Tax Admin Fees Pass-Through Agreements Debt Service - Principal Debt Service - Interest Developer Agreement TOTAL EXPENDITURES: Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (Uses Beginning Fund Balance, July 1, 2008 Ending Fund Balance, Sept 30, 2008 Annual Percent Amended YTD Total of Budget Activity Encumbrances Activity Budget $14,412,800 $98,359 $98,359 1% (1) 605,541 32,895 32,895 5% 15,018,341 131,254 131,254 1 % 12,750 6,425 $5,825 12,250 96% (2) 152,932 (3) 9,884,889 69,677 69,677 1% (1) 680,000 680,000 680,000 100% (4) 3,193,921 1,065,301 1,065,301 33% (4) 11,000,000 (5) 24,924,492 1,821,403 5,825 1,827,228 7% (9,906,151) (1,690,149) (3,431,355) (13,337,506) (1,690,149) 17,011,893 17,011,893 $3,674,387 $15,321,744 Notes: 1) Property Tax increment and Pass-through agreement obligations are received in January and May of this fiscal year. 2) Trustees admin fees for RDA TAB's are paid in August of this fiscal year. 3) Property Tax Admin Fees are recorded in January and May when RDA tax increment is received. 4) Debt Service Principal and interest expenditures for RDA TAB's represent payments made in August of this fiscal year. 5) The payment to the developer has not been made yet because the requirements of the Participation Agreement (OPA) have not been fully met. 4 ITEM NO. 27 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Northwest RDA Property Grading and NPDES Compliance, PW06-03 Increase in Contingency Funds PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the Agency Members approve an increase of $16,000 in the contingency funds for the Skanska construction contract, Project No. PW06-03, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $638,436.43. BACKGROUND: On April 11, 2006, the Agency Board approved a construction contract in the amount of the $3,471,391 (including a 10% contingency of $315,581) with Skanska to rough grade the site in anticipation of developing an Education Center on the site. Also on April 11, 2006, the Board approved a soil excavation agreement with the Rancho California Water District (RCWD) allowing roughly 1,000,000 cubic yards of soil to be transferred from adjacent RCWD property to the RDA property. As part of the RCWD agreement it was required that the RDA or the Site's future developer restore RCWD's property that was disturbed. On October 10, 2006, the Agency Board approved Contract Change Order No. 1 which allowed the City to undertake the relocation and modification of utilities on behalf of and paid for by the Eastern Municipal Water District (EMWD) and Rancho California Water District (RCWD) which increased the total amount of the contract by $2,369,646.23 (including a 10% contingency of $215,183.94). On September 23, 2008 the Board approved an increase of the project contingency of $91,671.49 and increased the Executive Director's change order approval authority to $622,436.43. Since that time Skanska has successfully completed restoration of the RCWD and the majority of the initial stormwater control measures on the northwest property; however, it is now clear that $16,000 in additional funds are necessary to complete this project. The primary reason for the additional funding request was the need to complete additional grading to properly restore the RCWD site. With the completion of this project the Agency's contractual responsibilities with RCWD have been completely satisfied and the initial winterization of northwest property will be completed. There is adequate allocated funding available for ongoing NPDES maintenance of the site to cover the recommended action. FISCAL IMPACT: The additional funding in the amount of $16,000.00 is available from the project account; number 165-199-839-5804. The funding source for this project is RDA Low and Moderate Set Aside Funds, which will be reimbursed by or utilized within the future site development. ATTACHMENTS: 1. Project Description PROJECT DESCRIPTION Project Title: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE PRIORITY: Project Type: RDA Description: Project will rough grade the RDA owned property at the NW corner of Diaz Road and Dendy Road. Department: RDA Scope of Project: Project will complete rough grading and compacting by redistributing surcharge materials across the entire site and then implement storm water BMP's for sediment and erosion control and complete annual maintenance of the storm water BMP's. Benefit: Work will prepare the site for future development or for marketing to the development community while ensuring compliance of the storm water regulations. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Future Years Cost Administration $ 25,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 45,000 Construction $ 250,000 $ 45,000 $ 45,000 $ 45,000 $ 45,000 $ 430,000 Design $ 25,000 $ 25,000 Totals $ - $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 Source of Funds: RDA Housing Total Funding: $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 500,000 $ 300,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 500,000 Future O & M Cost: $ 1,000 Annually 181 ITEM NO. 28 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Housing and Redevelopment DATE: December 16, 2008 SUBJECT: 6th Street Property Promissory Note RECOMMENDATION: That the Board of Directors Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6T" STREET PROPERTY PROMISSORY NOTE BACKGROUND: On December 10, 1991, the City Council authorized the purchase of a 1.4 acre site located on the northeast corner of Old Town Front Street and 6th Street in Old Town. The total acquisition cost was $918,171. On March 12, 1996, the property was conveyed from the City to the Agency in consideration of a Promissory Note in the amount of the acquisition cost. Subsequently, the easterly portion of the property was developed by the Agency as the 6th Street parking lot. The western portion of the property was originally leased and improved for a restaurant/transit center. This was later sold to the lessee. The Note was extended again in April 2002. In the past, available RDA funds were allocated to CIP projects which were seen as a higher priority than paying off the Note. It was intended for the Note to be paid off during the current fiscal year. However, with the State of California again implementing an Education Revenue Augmentation Funds shift (ERAF) in the amount of $898,685, the available funds for repayment have been impacted. It is therefore recommended that the Promissory Note be extended to December 16, 2013. Staff will evaluate a payment schedule from the Agency to the City's General Fund as part of the mid year budget review and bring back a comprehensive plan for the repayment at that time. FISCAL IMPACT: Note is now approximately $1.9 million. The interest rate will be 5% annually, which is the prime rate plus one percent. ATTACHMENTS: Resolution No RDA 08- Promissory Note RESOLUTION NO. RDA 08 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE EXTENSION OF THE 6T" STREET PROPERTY PROMISSORY NOTE THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency hereby finds determines and declares as follows: A. Pursuant to the provisions of Health and Safety Code Sections 33220 and 33610 and other applicable law, the City is authorized and expected to cooperate with the Redevelopment Agency and may make grants or loans to the Agency and to sell, convey or lease any of its property to the Agency, with or without compensation. B. The City acquired the property generally located at 6th Street and Front Street, APN 922-023-020 (the "Property") and has conveyed the Property to the Agency. C. The Agency approved a five-year Promissory Note on March 12, 1996. D. The Agency approved a five-year extension on April 23, 2002. E. The Property has been developed for redevelopment purposes. Section 2. The Redevelopment Agency hereby extends the Promissory Note originally dated March 12, 1996 and approves the revised Promissory Note in the form attached hereto as Exhibit A, extending the Note to December 16, 2013. Section 3. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 16th day of December, 2008. Ron Roberts,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 16th day of December, 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 EXHIBIT "A" PROMISSORY NOTE The Redevelopment Agency of the City of Temecula ("Agency") hereby promises, for consideration received, to pay the City of Temecula ("City") the sum of One Million Nine Hundred Thousand Dollars and NO/100 ($1,903,333.00) bearing simple interest at the rate of 5% annually. This Note and all accrued interest from March 12, 1996 shall be due and payable December 16, 2013 as extended by mutual written agreement of the City and the Agency without interim payments by the Agency during the term of the Note, provided that the Agency may make partial payments or repay the amount of the Note in full prior to the due date without penalty. This Note is and will be subordinate to all existing debt of the Agency and such additional debt as the Agency may incur during the term of this Note and no funds of the Agency are pledged to its repayment. In the event of a default by the Agency, the City shall have all legal and equitable remedies available to it to enforce the terms of the Note. This Note is made as of December 16, 2008 at Temecula California. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts Chairperson ATTEST: Susan W. Jones, MMC/Agency Secretary City Clerk Peter M. Thorson Agency Counsel C:\Program Files (x86)\Neevia.Com,Document Conveiter\temp\899829.doc AGENCY BUSINESS ITEM NO. 29 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 16, 2008 SUBJECT: Appointment of Chair Person and Vice Chair Person of the Redevelopment Agency for Calendar Year 2009 RECOMMENDATION: That the Board of Directors Entertain motions from the Agency Members to appoint the Chair Person to preside, effective January 1, 2009, until the end of Calendar Year 2009; 2. Entertain motions from the Agency Members to appoint the Vice Chair Person, effective January 1, 2009, who will assume the duties of the Chair Person in the Chair Person's absence, and hold this office until the end of Calendar Year 2009. BACKGROUND: The Temecula Redevelopment Agency Board of Directors appoints a member to serve as Chair Person and Vice Chair Person annually. These offices are assumed at the first meeting of the Temecula Redevelopment Agency in January and the newly elected officers will preside through the Calendar Year of 2009. FISCAL IMPACT: None RDA DEPARTMENTAL REPORT ITEM NO. 30 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: Decemer 16, 2008 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. Initially six firms were interviewed and a second round of interviews took place in early April. Council and Staff have heard presentations from the two finalists. A site visit was also conducted. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $102,000 is available during FY 2008-09. The following facade improvements are in process or recently completed: La Menagerie - Design and Install Sand Blasted Wood Signs Butterfield Square - Paint Exterior European Living - New Signs The Public House Restaurant - Hardscape Improvements English Cottage Garden - New Signs Up Your Alley Clothing - New Signs Farmer's Insurance - New Signs HOUSING Housina Element Update The Agency is preparing the Housing Element Update. A second draft of the Housing Element was submitted to the state Department of Housing and Community Development {HCD} for a 60 -day review and comment period on July 2, 2008. HCD comments were received on September 8, 2008. Staff met with HCD on October 17, 2008 to review proposed amendments based on HCD's comments. HCD provided additional comments and direction on December 4, 2008. A final draft will be submitted to HCD for review in January 2009. A revised timeline has been prepared that anticipates a Planning Commission hearing in March 2009 and a City Council hearing in April 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90-day Certification review. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interest to select a preferred development partner for the 30 acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Companyto develop the project. The Warehouse at Creekside On August 12, 2008, the City Council approved an Owner Participation Agreementwith Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and 3500 square foot ground floor of commercial. The project includes 1 dedicated parking space for each residential unit. First Time Homebuyers Program On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000 price range. Payments and interest are deferred for the first 5 years and then fully amortized in years 6 through 30. The Agency conducted a workshop for approved lenders on November 20, 2008 to explain and promote the program. A second presentation was made to the Southwest Riverside Board of Realtors on December 4, 2008. Residential Improvement Programs The program budget for FY 08-09 is $200,000.00, with $39,411 funded to date. The amount available to each participant is $7,500. COUNCIL BUSINESS ITEM NO. 31 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 16, 2008 SUBJECT: Appointment of Mayor and Mayor Pro Tern for Calendar Year 2009 RECOMMENDATION: That the City Council Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2009, to the end of Calendar Year 2009; 2. Entertain motions from the City Council Members to appoint the Mayor Pro Tern, effective January 1, 2009, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2009. BACKGROUND: The City Council appoints a memberto serve as Mayor and Mayor Pro Tern annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tern will preside through the Calendar Year of 2009. FISCAL IMPACT: None DEPARTMENTAL REPORTS ITEM NO. 32 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: December 16, 2008 SUBJECT: City Council Travel/Conference Report - November 2008 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On November 5, 2008 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments Executive/Administration, Transportation & Communications Committee, and Regional Council Meetings. On November 10, 2008 Council Member Jeff Comerchero traveled to Orlando, Florida to the National League of Cities Congress of Cities Conference and Exposition. Attachments: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street ,.d MEETING OF THE 12th Floor - Los Angeles, California _ Thursday, November 6, 2008 90017.3435 9.00 a.m. - /0.00 a.m. t (213) 236-1800 ((213)236-1825 wwwscag.cagov Officers President Richard Dixon, Lake Forest First Vice President Harry Baldwin, San Gabriel Second Vioe President Jon Edney, El Centro ,iiii Immediate Past President Gary Ovitt, San Bernardino County Policy Committee Chairs SCAG Offices 818 West 7th Street, 12th Floor San Bernardino Conference Rm A & B Los Angeles, CA 90017 213.236.1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at 213.236.1993 or via email salcido _scaq.cagov Executive/Administration Richard Dixon, Lake Forest Agendas & Minutes for the Executive/Administration Community, Economic and Committee are also available at: Human Development Larry McCallon, Highland www.scag.ca.gov/committees/eac.htm - Energy&Environment Keith Hanks, Azusa Transportation SCAG, in accordance with the Americans with Disabilities Act (ADA), will Mlkeren, South Pasadena - accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is comprised of 83 elected officials representing 168 cldes, six counties, in County Transportation Commissions, Imperial ValleyAssociatlon of Governments and a Tribal Government representativewithin SouthemCallfornla. 090a0a EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA NOVEMBER 69 2008 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard DL on, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Executive/ Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Approval Items TIME PG# 4.1.1 Minutes of October 2, 2008 Meetinr Attachment 1 4.1.2 Proposed Amendments to the SCAG Attachment 7 Conflict of Interest Code 4.1.3 Sponsorship of Southern California Attachment 12 Leadership Network Visionaries Awards Luncheon 4.1.4 Contracts Over $250.000 Attachment 13 4.2 Receive & File 4,2.1 Contracts/Purchase Orders between Attachment 18 $5.000 - $250,000 4.2.2 Merit Pay Program Attachment 26 EAC -NOV 2008 Doc#148412 Salcida1002008-1:45:00 PM i SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA >i NOVEMBER 6, 2008 TIME PG# 5.0 REPORTS/ACTION ITEMS 5.1 Forecast of Revenues & Expenditures. Attachment 29 Fiscal Years 2009-12 (Wayne Moore, SCAG CFO) 5.2 Resolution #08-503-1 Calif. Blueprint Planting Attachment 37 Program Grant - Year Four Ap lication (Mark Butala, SCAG Stafn. SCAG is requesting $1,500,000 in funding from the Year 4 California Blueprint Planning Program grant through an application submitted on 10/9/09. Recommended Action: Adopt Resolution. 5.3 Resolutions #08-503-2 and #08-503-3 Accenting Attachment 41-- Grant Funds and Amend the FY 2008-09 OWP (O (Wayne Moore, SCAG CFO) Recommended Action: Adopt Resolutions. 5.4 Resolution #08-503-4 to Governor Schwarzenea r Attachment 47 Expressing Strong Disappointment of his Veto of SB 974 (Lowenthal) Recommended Action: Adopt Resolution. CAC-NOV' Doal 11 Sa(cido-7 0/2 912 0 0 8- t :45:N, ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE j AGENDA NOVEMBER 69 2008 TIME PG# REPORTS/ACTION ITEMS - Cont'd 5.5 Regional Transportation Agencies Coalition Attachment 50 (ILTAQ Proposal Consider a proposal for to replace the RTAC as the forum to comply with state law requirements set forth wider California Public Utilities Code Section 130059. Recommended Action: Approve proposal dissolving the RTAC and designate the Regional Transportation CEO's Committee as the new forum to comply with regional interagency meeting requirements (AB 1246). 5.6 New Name for Contracts. Audit and Personnel Attachment 58 Committee Recommended Action: Approve 6.0 CFO MONTIRLY FINANCIAL REPORT Attachment 59 7.0 CONTRACTS, AUDIT AND PERSONNEL SUBCOMMITTEE REPORT (Councilmember Paula Lantz, Chair) 7.1 Draft Charter Approval Attachment 68 8.0 INVESTMENT SUBCOMMITTEE REPORT (President Ricar Dixon, air) 8.1 Update to the Investment Policy Attachment 72 9.0 LEGISLATIVE REPORT (Sharon Neeley, SCAG) 10.0 EXECUTIVE DIRECTOR'S REPORT 10.1 2009 Proposed Meeting Schedule Attachment 80 EAC - NOV 2008 Dod 148412 Salcido- 10/29/2008-1.,46:33 PM iIi SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA NOVEMBER 6, 200$ T(ME PG# 11.0 CLOSED SESSION A closed session will be held only if necessary to report significant developments or to take required actions. 11.1 Conference with Legal Counsel - Existing Litigation 3 cases (Government Code §54956.9(a)) a) City of Irvine v SLAG, Court of Appeal, 4" District Case No. G040513 b) Tenden v. SCAG, Los Angeles Superior Court, Case No. BC398771 c) NRDC v. EPA Court of Appeal, 9`h Circuit, Case No. 08-72288 11.2 Public Employee Performance Evaluation (Government Code §54957) Title: Executive Director 12.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request. 13.0 ANNOUNCEMENTS 14.0 ADJOURNMENT The next meeting of the Executive/Administration Committee will be held on Thursday,, December 4, 2008 at the SCAG offices in downtown Los Angeles. EAC - NOV . Do56:20 Salcido-70/292008-Ii5(:2 iv b4 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor NOTE NEW MEETING TIME Los Angeles, 90017 90077 34 Thursday, November 6, 2008 - 35 - 10:00 a.m. - 11:00 a.m. t (213) 236-1800 f(213)236-1825 SCAG Offices wwwscag.cagov 818 West 7th Street, 12th Floor San Bernardino Conference Rm A & B Officers President Los Angeles, CA 90017 Richard Dixon, Lake Forest Flrs[Vice President (213) 236-1800 - Harry Baldwin, San Gabriel Second Vim President . Jon Edney, El Centro Immediate Past President If members of the public wish to review the Gary Ovkt, San Bernardino County attachments or have any questions on any of the Policy Committee Chairs agenda items, please contact Deby Salcido at 213.236.1993 or via email salcidoCW-scaa.ca.aov Executive/Administration Richard Dixon, Lake Forest Community, Economic and Agendas & Minutes for the Transportation Committee Human Development are also available at: - Larry McCalion, Highland Energy & Environment www.sca-g.ca.gov/commiftees/rc.htm Keith Hanks, A2OSd SCAG, in accordance with the Americans with Disabilities Act (ADA), will Transportation Mlkeren; South Pasadena accommodate persons who require a modification of accommodation in - order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact(213)236-1868. TheRegtonal Council iscomprised of83 elected officials representing 168 cities, sixcountles,five CountyTransportationCorpmisslons, Imperial Valley Associatlon of Governments and a Tribal Government representative within Southern California, "AN RECEIVED G i 2 €^3 CITYMANAGERT OFFICE MEETING OF THE TRANSPORTATION' COMMITTEE AGENDA NOVEMBER 6, 2008 TIME PG# The Transportation Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Mike Ten, Chair) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 3.0 . REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Avproval Items 4.1.1 Minutes of October 2, 2008 Meeting Attachment 5.0 INFORMATION ITEMS 5.1 Huh Speed Regional Transportation Alternatives Attachment 30 min Analysis (Christopher Wornum, Cambridge Systematics) A presentation will be made of the results of a SCAG study on the High-Speed Regional Transportation Alternative Analysis. 5.2 Draft 2008 RTP Amendment #1 and Draft 2008 10 min RTIP Amendment #08-01 (Ryan Kuo, SCAG) Staff will provide an update on the development of the Draft 2008 RTP Amendment #l and Draft 2008 RTIP Amendment #08-01, including a brief overview of public comments received to date. SOUTHERN CALIFORNIA Tc-NOVZOOS ASSOCIATION of GOVERNMENTS Doc#148411 Salcida10232008-3:22:53 PM TRANSPORTATION COMMITTEE AGENDA NOVEMBER 69 2008 TIME PG# 6.0 AVIATION TASK FORCE REPORT (Hon. Paul Glaab, Chair) 7.0 MAGLEV TASK FORCE REPORT (Hon. Lou Bone, Chair) 8.0 CHAIR'S REPORT 9.0 STAFF REPORT (Naresh Amatya, SCAG) 10.0 FUTURE AGENDA ITEMS 11.0 ANNOUNCEMENTS 12.0 ADJOURNMENT The next meeting of the Transportation Committee will be held on December 4, 2008 at the SCAG office in downtown Los Angeles. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TC-NOV 2008 Doc#148411 Sxlcido-10/23/2008-322:53 ~,A ii SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th floor Los Angeles, California 90017-3435 t(213)236-1800 1(213)236-1825 NOTE NEW.MEETING TIME Thursday, November 6, 2008 11:00 a.m. - 2:00 p.m. ww SCAG Offices . wscag.cagov 818 West 7th Street, 12th Floor Officers San Bernardino Conference Rm -A & B President Richard Dixon, Lake Forest Los Angeles, CA 90017 Firstes President B i S H ld B S G b (213) 236-1800 a w an n, arry n an a riel Second vice President Jon Edney, N Centro - Immediate Bern Gary Ovitt, Sann Bernarrdinodino Co County If members of the public wish to review the attachments or have any questions on any of the agenda items, Policy Committee Chain; please contact Shelia Stewart at 213.236.1868 or Executive/Administration - stewart(a1scao.ca.goV Richard Dixon, Lake Forest Huma Community, D, Economic and and Human D Agendas & Minutes for the Regional Council are-also Larry McCallon, Highland available at: EneEnvironment Keith ith Hanks, WWW,SCa i.ca.gov/committees/rc.htm Transportation ' MlkeTen, South Pasadena SLAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative. format, please contact (213) 236-1868. The fteglonal Council is tomprised of 83 electedofficial5 representing 168cfties, sixCOUntieSAW CWAtYTransponation Commissions, ImperialvalleyAssoclatlonofGovemmentsasdaTfibalGovemmentrepresentagvewlthin5oud mCalfforhia Seem 3 NO. 503 MEETING OF THE REGIONAL COUNCIL AGENDA NOVEMBER 6, 2008 The Regional Council may consider and act upon any of the items listed on the agenda regardless if they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. The Regional Council may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 Conference with Legal Counsel - Existing Litigation 1 case (Government Code 454956.9(a)) • City of Irvine v. SCAG, Court of Appeal, 40' District, Case No. G040513 4.0 PRESENTATION PG# 4.1 NFL Stadium Update Attachment 1 A presentation will be made by John H. Semcken, III Sr. V.P., Majestic Realty 5.0 CONSENT CALENDAR 5.1 Approval Items 5.1.1 Minutes of October 2.2008 Meeting Attachment 5 5.1.2 Proposed Amendments to the SCAG Attachment 13 Conflict of Interest Code 5.1.3 Sponsorship of Southern California Leadership Attachment 18 Network Visionaries Awards Luncheon 5.1.4 Amended Attendance Policy for Policy Amendment ' 19 Committee Members 5.1.5 Contracts over $250.000 Attachment 21 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i REGIONAL COUNCIL AGENDA NOVEMBER 6, 2008 5.2 Receive & File 5.2.1 Contracts/Purchase Orders between Attachment $5,000 - $250,000 5.2.2 CFO Monthly Financial Report Attachment 5.2.3 Merit Pay Program Attachment 6.0 6.1 Recognition of Service for Outgoing Members 6.2 Committee Appointments 6.3 2009 Meeting Schedule Attachment 7.0 BUDGET WORKSHOP (Wayne Moore, CFO) 7.1 Forecast of Revenues and Expenditures, Attachment Fiscal Years 2009-12 8.0 Legislative/Communication and Membership Subcommittee Report (Sharon Neeley, Director, Legislation) 8.1.1 Update re: SB 375 (Steinberg) Attachment 8.1.2 State/Federal Legislative Update 9.0 COMMITTEE REPORTS/ACTION ITEMS 9.1 Executive/Administration Committee (EAC1 Report 9.1.1 Resolution #08-503-1 Calif. BlueLrrmt Planning Attachment , Program Grant - Year Four Application SCAG is requesting $1,500,000 in funding from the Year 4 California Blueprint Planning Program grant through an application submitted on 10/9/09. Recommended Action: Adopt Resolution. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii Pc# 26 34 43 46 48 56 61 REGIONAL COUNCIL AGENDA NOVEMBER 6, 2008 EAC Report - Cont'd 9.1.2 Resolutions #08-503-2 and #08-503-3 Accepting Attachment Grant Funds and Amend the FY 2008-09 OW Recommended Action: Adopt Resolutions. 9.1.3 Regional Transportation Agencies Coalition Attachment (RTAC) Proposal Consider a proposal to replace the RTAC as the forum to comply with state law requirements set forth under California Public Utilities Code Section 130059. Recommended Action: Approve proposal dissolving the RTAC and designate the Regional Transportation CEO's Committee as the new forum to comply with regional interagency meeting requirements (AB 1246). 9.1.4 Resolution #08-503-4 to Governor Schwarzeneiz Attachment Ex rp essing Strong DisRpuointment of his Veto of SB 974 (Lowenthal) Recommended Action: Adopt 9.1.5 Update to the Investment Policy Attachment Recommended Action: Adopt 9.1.6 New Name for Contracts. Audit and Personnel Attachment Subcommittee Recommended Action: Approve 9.1.7 Contracts. Audit and Personnel Subcommittee Attachment Charter Recommended Action: Approve the proposed Charter. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS PG# 65 71 79 82 90 91 REGIONAL COUNCIL AGENDA NOVEMBER 6, 2008 PG# 9.2 Energy & Environment Committee Report (EEC) Report 9.3 Transportation Committee (TC) Report 9.4 Community. Economic & Human Development (CEHD) Report 10.0 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata) 11.0 SB 375 (STEINBERG) IMPLEMENTATION Attached DISCUSSION (Scheduled to begin approximately 12:00 noon) Separately 12.0 ADJOURNMENT The next meeting of the Regional Council will beheld on December 4, 2008 at SCAG Offices in downtown Los Angeles. a SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 1V M W O O a ti .O. U O O a Q O z a v R O a R CL L N d v d c O Q 0 O o~ d O Fn R V C O a .o E y Q z rn o= N L C zas I-o 0 0 a3i c v W w a ~ C H ~ m N U v IM CI c O g a J 0 a O CL X W U V IL ~ N N i ~ 01 O N V U C d LL W G N o Q W C U U d Q = v E m n o v~ vo z ~f LO O L > N O M L w O m G 'L" c u .i9 3a0 m m C• N 8 m w y L L N N ~ n v ~ E Ta 9 o " > a o F 3m ~ v i 2 ' ° .o c m n in u La° m c ~i yc v o vi uo' V in ~ a'u °n ou o.n m x 30 m 0 m ~ oa i n ya 0 C N C C 2. O n O C . a O u y nH~u G) W fnLL o o.c m o EYn u ~ ° y" V' Ol ~ . N X ~ GI N N 10 ~o yvC7,L,,'° £EYJ C a'A H a m C 'u LL C N N 'C ~ a+ > a CL F m c iLa ntc x W V Lr L^~ mHomm O - 0'-'> 0 d q-- !n yc rncd c n oMN pm E+•c f0 W c c 3 ~ i.m ~,v ° m C c ` ° ce V~ca -`m - C) W C q L N O O ~ N d a p > W o O me ~n E , O w x d>_ N c W N t c QL E 7 ' vi m 3 ° ` 10 S F U2 o .3'` nc o t ~ av m c + C y nw~ 0 s CL u O E Q C , ~1 1O YI N Y- O L 0 z o dt> 3 ~ OD O $ 3 c v d m e i t y m m N 6 g _ a xQ 3 o S a i m f a w c m O di' o a o ND ICO N U a m C y US ~ a c vui O O m 0 m O-fA H v v E j2 2 1~~0 'o = 'M Mm t p c o a Vaf tnF CO' KS Lb8 it 3& M L o m . i o o p - U N q y0 '8 E 'u c 0 'G d= o r U ~p cc N 1 o-~. p O 8 OD O O N N Q., 00 0 0 N V N rr O 0 E E Y F C R A c c ~ O t! M e CL E CLE .S. E IMti' c Q i w S Z O 0 O d B 0 N v d y CL C6~p0 0 W U Y m Y U • • • • • • d s (A C d a` C a ~y M y m a~ £ d 20 O A N O f~ m c m m m E 0 U 0 $ E E E aQ 0 n a U c °o o m ~i T J 1I1 V p E o a a Q E c a 0 1O °-mm O O m .m. T O+ K E - p 6 Ea L c dUc E EE coo m ~pp m y 0 n ?p OR j c c~O °)Q E 0 .p E O c 'c4 E ~ ~Tp y C) E m _ c C) m -0 T D_ fV a N 0 -i~ O y m -a= aY-n y c ac om S £S m'w oa>c Ot dp~~m OQmO z am z c~ ~F v Ec c0° on A_n'p U.y Eiixc L L y.., m m m ~ Ln ~n O Z` ~ O V< 0 w c d m w c d ~E m _ m =0 E EOoE on E 00=0 L i o E 8- p E m o E oo n ro p¢ U~ v n b p p Ta ~coQ a N Q ~ a f ~ m p E 6 m' °o E E Q Taa= do0 n E n of O momma. d , a2 ~.m Yin E-\ .dcy.o>M eE mE 0 ma ~wjF En °o,d U n K c N >f MM .y O N0-noamE ..M iJ > .p. m m' .G N V roOZ lod woo f o n a E--j.y,am-_+oa of oon a c c= m m O v W N G M Em~oy OOH av'ni E w L O'C m c r in u d N £ Mw m m~ you n._a nO' d 12 o v E~'pM mt Zc ~O ~AOo E ari a c 0 % 8? 2 EUwIL `a.- rC7 o .o+3omEr mcvS9 M m EP N. Nd Co Ern $L' 7aci pcr Uf M3 4 O Ou~ x a3 Cd N to O O 0 .y U w o~ y y sue. N N 00 CD N 7 N Ol n d Y N O. N 0 w s E ~ 3 v o 4i v M L O n v E v d E E m w io w c.n ti n O p E E O1 O O' O1 O E lii G d m o0 5 " o.. E .ry. in f E N a iii b; o, m a o n 021 c c OO ' O d C c O M E ;4 O w- p M O O w- H a 0 0 °o ~'a~•u Aoa-' 0 mw,- yo "'mac C) 0 ,i on ZJC ac'7~ on2~c u ~i Ov P3rn m ME 0 3: a! M Ed'C ~d EdY-n Pca o,~v aEiq c vcc:c aE+'c wNC°-~c Yn ufc9~c~ ~c~u°uSCifu°vOu um: d U O m d J e 0 Z v 0 0 0 N C dM, O O OIM C ~ L ry N ~ 01 N O . o u o ~ c dLL3a 3 °M o > z~uo ~ N G O N Q N C m > O ~a a rl M Agenda Community and Economic Development Policy and Advocacy Committee Harbor Beach Room, Orlando World Center Marriott November 12, 2008,1:30 p.m. to 4:30 p.m. Presiding: Alderman Joe Davis, Sr., Milwaukee, Wis., Chair Councilmember Bruce Hill, Grand Junction, Colo., Vice Chair 1. Opening Remarks and Welcome by the Chair 2. The Year in Review and Meeting Agenda Details James Brooks, CED Committee Staff Director 3. Guest Speaker: Barry Wides, Deputy Comptroller, Office of the Comptroller of the Currency, U.S. Department of the Treasury 4. Amendments to National Municipal Policy a. Export Promotion b. Small Business c. Fair Trade 5. Resolutions for 2009 6. Guest Speaker: Philip F. Mangano, Executive Director, U.S. Interagency Council on Homelessness 7. Guest Speaker: Bill Miller, Government Relations, Federal Home Loan Bank of Pittsburgh 8. Other Business a. Reminder about Saturday special foreclosure session 9. Adjournment ITEM NO. 33 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 16, 2008 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of November, 2008. MEMORANDUM TO: Bill Hughes, Director of Public Works FROM: 11/ Brad Baron, Maintenance Superintendent DATE: December 5, 2008 SUBJECT: Monthly Activity Report - November, 2008 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of November, 2008: 1. SIGNS A. Total signs replaced 43 B. Total signs installed 3 C. Total signs repaired 19 H. TREES A. Total trees trimmed for sight distance and street sweeping concerns 63 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 5,845 B. Total Tons 84 IV. CATCH BASINS A. Total catch basins cleaned 255 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 3,150 VI. GRAFFITI REMOVAL A. Total locations 4,259 B. Total S.F. 29 VII. STENCILING A. 57 New and repainted legends B. 0 L.F. of new and repainted red curb and striping RAMAINTAIMMOACTM Also, City Maintenance staff responded to 35 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 47 service order requests for the month of October, 2008. The Maintenance Crew has also put in 78 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of November, 2008 was $8,727.00 compared to $63,994.00 for the month of October, 2008. Account No. 5402 $ 7,217.00 Account No. 5401 $ -0. Account No. 999-5402 $ 1,510.00 cc: Greg Butler, Deputy Director / CIP Dan York, Deputy Director of Public Works Ali Moghadam, Principal Engineer - (Traffic) Amer Attar, Principal Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) RAMAINTAIN OAOTRPT w z u ~ ❑ J ❑ N J 6t m 0 O d m T m ~ a n ❑ w a yo Y w ~r a o U 0O N J U o IL Y N U. O O Q W LLI W Z J Z y F W d Z Q Q W Q G 0 W } O^ V O O N N M cq 00 O O O 43 0 0 co O ro co O ~ O O O O fA O M (D V O V M O M V- M I~ N N O (o _ N co ~ O O O M to O 1~ V O N O O N O O O (D O O (a V N O O V to (a _ O W O co O V N N V M (O N W M H N M V M n M M M N W O co m M O N O r O M M M U. N a r y 'Q. W m LU W U W G W O 0'a O O O (!1 O MM M NN~M N O O C : IT N' r N m M o. W O M Z% 0 0 V (A O 04 O O O co r Ma O CO Mr co O O Oo N O O (a N N V O` O m 04 v co ID M M M. m M N r V O M c M ~ w O O O O O O O 0 0 O O O N O M (a O V r 0 0 a ~a w to N (a N W m O O O 6 O M M V M M g O » O En C o O (n O p 0o N a U> v w ~ O I~ O O O O O O ~ a V (00 u 7 N M V N N ui N (o c; M• M• O M Q N ~ (R fry O O O O O O N O O O n M h 0 1~ W V 1~ r O O O O M O M C\l 07 r J ON. M• O V 7 O co ~ EA M ER LL W U y N C7 ami Z l y y W d❑ w a U' O w ~L L as `m C7 Z m w N c y L (L N C R' 1 C U Z Q N D a U N cy 1 r Jy Q -oay Y U) Z 'a Ua¢ - m Nl r ❑ m r t y j W m r my r >r g) Q r CO W m a ma c m U d) a > o r p v a()U O r m U E O z £ o (L O r z p C m m ( m.N m 6 O co U (n « 00 Q J N U o O U ma z co U Q Q E 0,0 d w m ~ U N ~J Q rn~J - LLI F- J J ~OOr Q L V C w 2 Z d a F ' W d d H 0 Y r C C V N o 0 0 - m 0 a 2 20 ' 0 2)rn m O QU 0 r U(A(Ar I-- F- a r U in to 0l-KZQ(n C7 r ro N u o E mm S a d = d O m in O N W U J4ce > J J 18-00 O LL N F LL f ~ co ro V 2 } ~ ~ d J o ~ 00 d . LL O 0 co 0. 0 O 0 O LLI 00 U 0 YWo K W 3 00 U LLI K O~ a~ 0 LL, y yr W J 0 ' a. a N IL > 0 Z U W Z Z GOY ZO U ~ F F o IL > Z N LL h a= OU W 00 LL'o P ~Qr} F.:f LLI LU -j W Q 00 , a = . U. 1'HFy 9 0 . W 0 . W O) Y W o 0 CL 00 U y 3 0 LLI 0 N N M O O O O O O c O) M O N N M d N 0 0 O O 0 0i O h W O ao M OD G G O) N G N O W O) Of V tV ~ c r a r r Q cc c N O M C i O m m d' W O O M O N r ~ N ~ V ~ `N in f O N in w «n ai w O E Y! O) w ~ $ z ~ ~ ~ z _ $ 3 V 00 W O O O O N i0O m N N O O M O O O O O07 O N O O a0 N r O O M N O N N N O T O r A N ~ CO r O N a M O) O W O r O N T N O O A W V O h M M ~O O Of eF V O! N M N f9 A O N O N r M N a D O I t9 19 ~ fN !A H bi f9 ~ . N O O 0 O o r d o r E» m m rn o 0 M ~ d d d W O 2 A L a r LL U W n :a F N w H C9 00 Q U J J Q S IL W 0 CO) N O O O O V N N ~ ~ r o 0 r o m rn ~ O M ~ ~ U3 O M ~ N c O co N `O m `O C W N q d q C M q J p J O d C LL w ro U z m N V W ~ N O J J Z J U W z W U Q J = 0 J F = y f/J W 0 7 LU z F y LLI W S Q 0 S LL N N ~ o ? N a O STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of November, 2008 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNELB&IDGE OF WORK SIZE CONTIUCTOR. M~NTELEONE %CAVAiI1iG , Date: 11/18/08 SERVICE LEVEL "R' AREAS GRADED ROADS IN SERVICE LE VEL "R" AREAS # 999-5402 TOTAL COST $ 1,510.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST Date: 11/08 CITYWIDE TRASH, DEBRIS AND WEED ABATEMENT ALONG CITY R.O.W.' S # 5402 TOTAL COST $ 4,992.00 Date: TOTAL COST Date: 11/13/08 CITYWIDE A.C. SAW CUTTING FOR PUBLIC WORKS MAINTENANCE CREWS # 5402 TOTAL COST $ 2,225.00 Date: TOTAL COST TOTAL COST ACCOUNT #5401 -0- TOTAL COST ACCOUNT #5402 $ 7,217.00 TOTAL COST ACCOUNT #99-5402 $1,510.00 RWAINTATMMOAMI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF NOVEMBER 2008 DATE 11/03/08 OL Y k x_ LOLITA ROAD $ ~E 0 7,00s , A.C. OVERLAYS 794 TONS; 3 11/05/08 REDHAWK AT WOLF VALLEY R & R A.C. 130 14 11/12/08 CRYSTALAIRE R & R A.C. 258 8.5 11/13/08 MARGARITA N/O RANCHO VISTA R-& R A.C. 212 7.5 11/17/08 PAUBA AT LA PRIMAVERA A.C. OVERLAYS 720 2.5 11/18/08 SANTIAGO AT MANZANO A.C. OVERLAYS 500 2.5 11/18/08 30310 COLINA R & R A.C. 995 17.5 11/19/08 DEL REY / PESCADO A.C. OVERLAY 461 3 11/20/08 RANCHO VISTA / LOMA PORTOLA R & R A.C. 475 12 11/20/08 30310 COLINA A.C. CAP 995 6 11/24/08 RANCHO CALIFORNIA ROAD AT CALLE TAJO R & R A.C. 221 7.5 11/25/08 CITYWIDE POTHOLE REPAIRS 8,4 TEMP A.C. TOTAL S.F. OF REPAIRS 5,845 TOTAL TONS 84 R:\MAINTMNj W KCMPLTMASPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF NOVEMBER, 2008 bA~E LOCATION WORK C®MPLET,~D 11/03/08 CITYWIDE CLEANED & CHECKED 20 CATCH BASINS 11/04/08 CITYWIDE "RAIN" CLEANED & CHECKED 15 CATCH BASINS 11/05/08 AREA #2 CLEANED & CHECKED 19 CATCH BASINS 11/06/08 AREA #2 CLEANED & CHECKED 5 CATCH BASINS 11/10/08 CITYWIDE CLEANED & CHECKED 25 CATCH BASINS 11/13/08 AREA #2 CLEANED & CHECKED 15 CATCH BASINS 11/17/08 CITYWIDE CLEANED & CHECKED 23 CATCH BASINS 11/18/08 AREA #2 CLEANED & CHECKED 14 CATCH BASINS 11/19/08 AREA #2 - CLEANED & CHECKED 26 CATCH BASINS 11/20/08 AREA #2 CLEANED & CHECKED 16 CATCH BASINS 11/24/08 CITYWIDE CLEANED & CHECKED 33 CATCH BASINS 11/25/08 AREA #2 CLEANED & CHECKED 19 CATCH BASINS 11/26/08 CITYWIDE "RAIN" CLEANED & CHECKED 25 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 255 R:WMNTMN\WKCWP TD\CATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF NOVEMBER, 2008 DT y `,CA'TrION y t WORK COMPLETED 11/03/08 AVENIDA DE MISSIONS CHANNEL REMOVED 171 S.F. OF GRAFFITI 11/03/08 REDHAWKAREA REMOVED 45 S.F. OF GRAFFITI 11/03/08 VAIL RANCH AREA REMOVED 42 S.F. OF GRAFFITI 11/03/08 SANTA GERTRUDIS CREEK REMOVED 184 S.F. OF GRAFFITI 11/04/08 CAMINO ROSALES REMOVED 238 S.F. OF GRAFFITI 11/04/08 REDHAWK REMOVED 100 S.F. OF GRAFFITI 11/06/08 LA SERENA AT BIG STAGE REMOVED 17 S.F. OF GRAFFITI 11/07/08 HUMBER CHANNEL REMOVED 21 S.F. OF GRAFFITI 11/10/08 VAIL RANCH AREA REMOVED 30 S.F. OF GRAFFITI 11/10/08 VINTAGE HILLS AREA REMOVED 605 S.F. OF GRAFFITI 11/10/08 TEMEKU THEATER PARKING REMOVED 28 S.F. OF GRAFFITI 11/10/08 RACHO VISTA SPILLWAY REMOVED 250 S.F. OF GRAFFITI 11/12/08 VERMONT REMOVED 160 S.F. OF GRAFFITI 11/12/08 "C" STREET CHANNEL REMOVED 82 S.F. OF GRAFFITI 11/13/08 VINTAGE HILLS HANNEL REMOVED 470 S.F. OF GRAFFITI 11/14/08 TIOGA STREET REMOVED 17 S.F. OF GRAFFITI 11/17/08 FELIX VALDEZ REMOVED 73 S.F. OF GRAFFITI 11/17/08 REDHAWK AREA REMOVED 20 S.F. OF GRAFFITI 11/17/08 BUTTERFIELD STAGE BRIDGE REMOVED 545 S.F. OF GRAFFITI 11/17/08 VAIL RANCH AREA REMOVED 46 S.F. OF GRAFFITI 11/17/08 YNEZ N/O RANCHO CALIFORNIA ROAD REMOVED 15 S.F. OF GRAFFITI 11/17/08 SANTA GERTRUDIS CHANNEL REMOVED 78 S.F. OF GRAFFITI 11/19/08 OLD KENT ROAD REMOVED 23 S.F. OF GRAFFITI 11/21/08 PECHANGA PARKWAY CHANNEL REMOVED 75 S.F. OF GRAFFITI 11/24/08 SANTA GERTRUDIS CREEK REMOVED 210 S.F. OF GRAFFITI 11/24/08 REDHAWK AREA REMOVED 20 S.F. OF GRAFFITI 11/25/08 RANCHO VISTA E/0 MARGARITA ROAD REMOVED 492 S.F. OF GRAFFITI R: W AINTAIM W KC W LTMGRAMTlN d}F u DATE LOCATION - WORK COMPLETED 11/25/08 RANCHO CALIFORNIA ROAD E/O MARGARITA ROAD REMOVED 154 S.F. OF GRAFFITI 11/26/08 RAINBOW CANYON ROAD REMOVED 48 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 4,259 TOTAL LOCATIONS 29 R:WMNTAIN\WKCWLTD\GRAFFITI\ w o a w o w F O rH r Ir~l1 r ~ 0 Q~ N a w A ~O o N M d- O r' al V V ~n ~o 7M 7 m7m:N a a O Q a a ° z U W O O Z OF O F a W (7 7 Q Y J 7 W Z 7 Q cr a to w LL Q Cl) O ~ ~ H N 1~ 00 1 O N oo ~ F D ~ z w ti ti ¢ 0 z g E U a 3 00000000000 0000 00000000000 00000000000 0000 00000000000 00000000000 0000 00000000000 r0h NMr01 f~NMr OhNM rOf~N MrOf~ NMr N~~ ~ d'~M MMMM NNNN Nrrr rr CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF NOVEMBER, 2008 DATE' cL® <n , , I W,©3 '2GgOMPLTDD 11/03/08 LEVI COURT INSTALLED W14-1 11/03/08 CITYWIDE REPLACED 5 REPAIRED 3 11/05/08 CITYWIDE REPLACED 3 REPAIRED 2 11/06/08 CITYWIDE REPLACED 1 REPAIRED 2 11/07/08 RUSTIC GLENN REPLACED 1 11/10/08 MIRA LOMA REPLACED 1 11/12/08 CITYWIDE REPLACED 3 REPAIRED 1 11/13/08 CITYWIDE REPLACED 11 REPAIRED 5 11/14/08 CITYWIDE REPLACED 1 REPAIRED 1 11/17/08 CITYWIDE REPLACED 5 REPAIRED2 11/19/08 CITYWIDE REPLACED 3 REPAIRED 1 11/20/08 CITYWIDE REPLACED 4 11/24/08 CITYWIDE REPLACED 2 11/25/08 CITYWIDE REPLACED 3 11/25/08 REDWOOD PLACE INSTALLED 2 R-260 11/26/08 CITYWIDE REPAIRED2 TOTAL SIGNS REPLACED 43 TOTAL SIGNS INSTALLED 3 TOTAL SIGNS REPAIRED 19 R:\MAINTAIMW KCWLTD\SIGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF NOVEMBER, 2008 D ~ ' 11/05/08 OG~ IO~ AREA #3 RETHERMO RW C~QMPS3 1ED 18 LEGENDS 11/06/08 AREA #5 RETHERMO 5 LEGENDS 11/12/08 AREA #5 REPAINTED 26 LEGENDS 11/20/08 AREA #5 RETHERMO 8 LEGENDS TOTAL NEW & REPAINTED LEGEND 57 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF NOVEMBER, 2008 AE P.r y5r, LOCH x~,z „ems WO RiCO~PETEDh` 11/17/08 STARLIGHT RIDGE - TRIMMED 3 R.O.W. TREES 11/18/08 MARGARITA ROAD AT JEDEDIAH SMITH ROAD TRIMMED 12 R.O.W. TREES 11/19/08 MARGARITA ROAD AT SAN FERMIN TRIMMED 9 R.O.W. TREES 11/20/08 PECHANGA AT MUIRFIELD TRIMMED 8 R.O.W. TREES 11/20/08 MARGARITA ROAD TRIMMED 13 R.O.W. TREES 11/20/08 RANCHO HIGHLAND TRIMMED 5 R.O.W. TREES 11/24/08 JEFFERSON TRIMMED 8 R.O.W. TREES 11/26/08 RANCHO VISTA E/0 MIRA LOMA TRIMMED 5 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 63 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF NOVEMBER, 2008 .xz ~r. 11/18108 RANCHO VISTA AT YNEZ ABATED 500 S.F. R.O.W. WEEDS 11/20/08 PECHANGA AT TEMECULA PARKWAY ABATED 2,650 S.F. R.O.W. WEEDS TOTAL S.F. R.O.W. WEEDS ABATED 3,150 ITEM NO. 34 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: December 16, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of November 2008. PATROL SERVICES Overall calls for police service 7726 "Priority One" calls for service 62 Average response time for "Priority One" calls ..............................3.24 Minutes VOLUNTEERS Volunteer administration hours 256 Special Events 182 Community Action Patrol (CAP) hours 564 Reserve officer hours (patrol) 24 Training hours 148 Total Volunteer hours 1198 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted 7 Residential/business security surveys conducted 5 Businesses visited 18 Businesses visited for past crime follow-up 14 Crime prevention articles 1 Total square footage of graffiti removed 4,259 Number of Graffiti Locations 29 OLD TOWN STOREFRONT Total customers served 270 Sets of fingerprints taken 37 Police reports filed 15 Citations signed off 30 Total receipts $4,204.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests On sight misdemeanor arrests Felony arrest warrants served Misdemeanor arrest warrants served Follow-up investigations Parole Searches Gang Members Contacted TRAFFIC 15 16 .4 .9 11 16 .8 Citations issued for hazardous violations 1823 D.U.I. checkpoints conducted 0 D.U.I. Arrest ...........................23 Non-hazardous citations 482 Stop Light Abuse/Intersection Program (S.L.A.P.)citations 238 Neighborhood Enforcement Team (N.E.T.) citations 131 Parking citations 333 Seatbelts ..........................51 School Zones ..........................67 Cell Phone Cites ...............................138 Injury collisions 17 Presentations ............................0 INVESTIGATIONS Beginning Caseload 192 Total Cases Assigned 35 Total Cases Closed ....................................................................................28 Number of community seminars/presentations conducted 2 PROMENADE MALL TEAM Calls for service 336 Felony arrest/filings 18 Misdemeanor arrest/filings 38 Vehicle burglaries 4 Vehicle thefts 2 Total receipts $4,997.00 SCHOOL RESOURCE OFFICERS Felony arrests 4 Misdemeanor arrests 5 Citations 20 Youth counseled 122 Presentations 11 YOUTH ACCOUNTABILITY TEAM School visits 48 Home visits 36 Presentations .......................................................3 Truancy Sweep .......................................................0 DOCUMENTS SUBMITTED FOR THE RECORD - d cc.',.•"T I '� rnU . 12f I6/,8- SOUTHERN CALIFORNIA Viet Tran EMS � i Region Manager An EDISON INTERNATIONALS Company December 15, 2008 Ms. Debbie Ubnoske Director of Planning City of Temecula 43200 Business Park Drive Temecula, CA 92589 Dear Ms. Ubnoske: Thank you for your letter regarding the City of Temecula's interest in the Triton Substation Project. Southern California Edison(SCE)would like to take this opportunity to address the concerns regarding the location of the proposed Triton Substation expressed by the City of Temecula in its letter dated December 8, 2008. On April 22, 2008, SCE hosted.an.Open House in .the. City of Temecula to present. information on the Triton.Substation.Project. At this time, theproject team.identified,a. preferred substation site: (referred to as. Site B in SCE's Application.for.'a Permit to Construct) adjacent to the Valley-Auld-Pauba subtransmission line, which would power the proposed Triton Substation. Following the Open House, SCE continued to conduct its environmental analysis based on the preferred substation site and evaluated other alternative sites that were brought to SCE's attention through comments received at the Open House and from additional site visits to the area. Site B, although originally identified as SCE's preferred site, ultimately became an alterative site due to several environmental concerns. Site B is located within a 100-year flood plain, which would require extensive grading to raise the pad elevation at least one foot higher than the maximum 100-year flood zone level. Site B is also located within Zone D and Zone E of the French Valley Airport Compatibility Plan, which would require airspace height review for utility poles over 70 feet tall. In addition, the owner of the property for Site B made it very clear to SCE that he was not interested in selling the property. 26100 Menifee Road Romoland,CA 92585 '4 (951) 928-8352 Fax: (951) 928-8308 viet.tran@sce.com City of Temecula Page 2 Site A is the newly preferred site identified in SCE's PTC application filed with the Commission. Site A is located at the southeast corner of Calle Medusa and Nicolas Road, and is better suited to meet the requirements for the layout and design of the proposed Triton Substation. Site A has fewer constructability constraints than Site B; specifically, Site A is not located within the 100 year flood plain and is located in a less restrictive zone for the County of Riverside Airport Land Use guidelines. The property is near Canine Substation, currently serving the area, which will be decommissioned once the proposed Triton Substation is fully powered. This property was for sale at the time SCE began reviewing the site for constructability and environmental feasibility. The City of Temecula also expressed concern that Site A is the location of the Nicolas Adobe site and is located at the entrance to Nicolas Valley. SCE's survey of the property found no archaeological resources on the parcel. A subsequent search through the California Historical Resources Information System, Eastern Information Center, showed that the area had been previously surveyed and no previously recorded resources on the parcel were found. However, SCE is committed to working with the City of Temecula regarding any archeological or aesthetic concerns surrounding the proposed Triton Substation site. Let me assure you, our review and analysis of potential sites does include public and city input. SCE's conversations with officials and community leaders began very early in the year. In February 2008, SCE conducted community assessment interviews where information was gathered from community leaders regarding potential siting opportunities and community concerns. These conversations have continued throughout the year with subsequent briefings to elected officials, community groups, a public open house and individual meetings with surrounding property owners. Most recently in October, SCE mailed out a newsletter to the community providing an update on the project and selection of a new site. On November 21, 2008, SCE filed its Application for a Permit to Construct with the Commission. In accordance with the Commission's General Order 131-D, Section XI, SCE provided notice of the filing of its application by direct mail to the required agencies and property owners located within 300 feet of the proposed project, as well as publishing the legal notice in The Press Enterprise and The North County Times. The Commission will conduct its own environmental review under the California Environmental Quality Act (CEQA) and a final decision is expected by mid-year 2009. City of Temecula Page 3 Once again, thank you for the opportunity to address your concerns regarding the Triton Substation Project. If I can be of any further assistance, please do not hesitate to contact me at (951) 928-8352. Sincerely, Viet Tran Region Manager