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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 25, 2009 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1) Conference with City Attorney pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation. With respect to
such matter, the City Attorney has determined that a point has been reached
where there is a significant exposure to litigation involving the City and City
related entities based on existing facts and circumstances. With respect to
such matter, the City Council will also meet pursuant to Government Code
Section 54956.9(c) to decide whether to initiate litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 09-07
Resolution: 09-75
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Tiffany Christensen
Invocation: Reverend Pat Campbell, Temecula Valley Church of Religious
Science
Flag Salute: Council Member Naggar
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
1
PRESENTATIONS/PROCLAMATIONS
Constitution Week Proclamation
United Way Day of Caring Proclamation
Business/ Industry Recognition Program - Medical Indust
Temecula Children's Museum Nickelodeon Award
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 Action Minutes
RECOMMENDATION:
2.1 Approve the action minutes of August 11, 2009.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Access to Summary Criminal History Information
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CITY TO ACCESS SUMMARY CRIMINAL HISTORY
INFORMATION OF EMPLOYEES, VOLUNTEERS, INDEPENDENT
CONTRACTORS, AND PERMITTEES
Approve FY 2009-10 Economic Development Operating Agreement with the Temecula
Valley Chamber of Commerce
RECOMMENDATION:
5.1 Approve the operating agreement and authorize the Mayor to execute the
agreement with the Temecula Valley Chamber of Commerce in the amount of
$136,260.
Approval of Temecula Vallev Convention & Visitors Bureau FY 2009-10 Marketin
Agreement
RECOMMENDATION:
6.1 Approve the Marketing Agreement which provides City Marketing Funding Support
of $108,000 to the Temecula Valley Convention & Visitors Bureau (CONVIS).
Memorandum of Understanding between California State University San Marcos,
Temecula Valley Unified School District, the City of Temecula, and the Temecula Valley
Chamber of Commerce - CSUSM Enrollment Advantage
RECOMMENDATION:
7.1 Approve the Memorandum of Understanding (MOU) between California State
University San Marcos, Temecula Valley Unified School District, the City of
Temecula, and the Temecula Valley Chamber of Commerce.
License Aareement between the Citv of Temecula and Safe Alternatives for Evervone
(S.A. F.E.)
RECOMMENDATION:
8.1 Approve the License Agreement between the City of Temecula and Safe
Alternatives for Everyone (S.A.F.E.) for Use of Real Property.
Parcel Map 32158 (located on the west side of Bostik Court, south of Winchester Road)
RECOMMENDATION:
9.1 Approve Parcel Map 32158 in conformance with the Conditions of Approval.
10 Parcel Map 36055 (located on the south side of 3rd Street, west of Old Town Front Street)
RECOMMENDATION:
10.1 Approve Parcel Map 36055 in conformance with the Conditions of Approval.
11 Second Amendment to Agreement with Crosstown Electrical & Data. Inc.. for Construction
Services - CCTV Camera Installation on Temecula Parkway (Route 79 South) and
Pechanga Parkway - Project No. PW07-07
RECOMMENDATION:
1 1.1 Approve a Second Amendment to the Agreement with Crosstown Electrical & Data,
Inc., for Construction Services for CCTV Camera Installation on Temecula Parkway
(Route 79 South) and Pechanga Parkway for an amount not to exceed $35,600.
12 Minor Construction Aareement to Install Fiber Optic Cable associated with the Closed
Circuit Television Installation on Temecula Parkway and Pechanga Parkway - Project No.
PW07-07
RECOMMENDATION:
12.1 Approve a Minor Construction Agreement with SECC Corporation for an amount not
to exceed $56,195;
12.2 Authorize the City Manager to approve change orders not to exceed the 10%
contingency amount of $5,620.
13 Second Amendment to the Agreement with GFB Friedrich, Inc., for De Portola Road
Pavement Rehabilitation - Project No. PW06-10
RECOMMENDATION:
13.1 Approve the Second Amendment to the Agreement with GFB Friedrich, Inc., in an
amount not to exceed $8,950 for additional engineering design services necessary
to modify the design for De Portola Road Pavement Rehabilitation - Project No.
PW06-10 - and extend the term of the Agreement through June 30, 2010.
14 Award a Construction Contract to High-Light Electric, Inc., for Traffic Signal Interconnect
Equipment Installation - Project No. PW04-05
RECOMMENDATION:
14.1 Award a construction contract for Traffic Signal Interconnect Equipment Installation -
Project No. PW04-05 - to High-Light Electric, Inc., in the amount of $211,878, which
includes the base bid of $175,878 and Additive Bid No. 1 in the amount of $36,000;
14.2 Authorize the City Manger to approve change orders not to exceed the contingency
amount of $21,187.80, which is equal to 10% of the contract amount;
14.3 Make a finding that the Traffic Signal Interconnect Equipment Installation is exempt
from Multiple Species Habitat Conservation Plan (MSHCP) fees.
15 Second Reading of Ordinance No. 09-06
RECOMMENDATION:
15.1 Adopt an ordinance entitled:
ORDINANCE NO. 09-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE
ACTIVITIES ON PUBLIC STREETS, SIDEWALKS, AND PARKS, ADDING
CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES
AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION
17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT
CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON
PRIVATE PROPERTY
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
16 Action Minutes
RECOMMENDATION:
16.1 Approve the action minutes of August 11, 2009.
17 Approval of the Specifications and Authorization to Solicit Construction Bids for City Hall
Parking Lot Improvement
RECOMMENDATION:
17.1 Approve the specifications for the Project;
17.2 Authorize the Community Services Department to solicit constructions bids for the
City Hall Parking Lot Improvement.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
RDA CONSENT CALENDAR
18 Action Minutes
RECOMMENDATION:
18.1 Approve the action minutes of August 11, 2009.
19 Amendment No. 2 to the Professional Services Agreement with Nichols. Melburg &
Rossetto for Additional Services associated with the Old Town Infrastructure Project -
Parking Structure and Office/Retail - PW06-070 D)
RECOMMENDATION:
19.1 Approve Amendment No. 2 to the Professional Services Agreement with Nichols,
Melburg & Rossetto (NMR) for additional services associated with obtaining LEED
Certification of the Old Town Infrastructure Project, Parking Structure and
Office/Retail in the amount of $159,388 and authorize the Chairperson to execute
the amendment.
20 Annual Agreements for Consulting Services with Keyser Marston Associates, Inc., for Real
Estate Economic Services and Affordable Housing Consulting Services for Fiscal Year
2009-10
RECOMMENDATION:
20.1 Approve an agreement with Keyser Marston Associates, Inc., in the amount of
$65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal
Year 2009-10 and authorize the Redevelopment Chairperson to execute the
agreement;
20.2 Approve an agreement with Keyser Marston Associates, Inc., in the amount of
$60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal
Year 2009-10 and authorize the Redevelopment Chairperson to execute the
agreement.
RDA DEPARTMENTAL REPORT
21 Redevelopment Department 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.
DEPARTMENTAL REPORTS
22 Planning Department Monthly Report
23 Public Works Department Monthly Report
24 Police Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, September 8, 2009, at 5:30 P.M., for a
Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers,
43200 Business Park Drive, Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park
Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council
meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.org
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the
Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 -
5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available
for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's
Department - 951-694-6444.
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CONSENT CALENDAR
ITEM NO. 1
ITEM NO. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 11, 2009 - 7:00 PM
The City Council meeting convened at 7:00 P.M.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Earlene Bundy
Invocation: Pastor Steve Struikmans, Rancho Community Church
Flag Salute: Council Member Comerchero
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
Present: Comerchero, Naggar, Washington, Edwards
Absent: Roberts
PRESENTATIONS/PROCLAMATIONS
Plein Air Contest Winner - 2009 Best of Show
PUBLIC COMMENTS
Liz Bibb presented a flag to the City Council that was flown over Iraq and requested this flag be
flown over City Hall for the next week commencing with a 7:30 a.m. flag raising.
Kelly Daniels, representing Temecula Valley Chamber of Commerce, introduced the "Shop
Temecula First" program to the City Council and encouraged all Temecula citizens to support
their local businesses.
Chuck Rear spoke regarding the importance of water conservation and recycling.
CITY COUNCIL REPORTS
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (4-0-1) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Member Roberts was absent.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
Action Minutes - Approved Staff Recommendation (4-0-1) - Council Member Naggar
made the motion; it was seconded by Council Member Comerchero; and electronic
vote reflected approval of those present - Council Member Roberts was absent.
RECOMMENDATION:
2.1 Approve the action minutes of July 28, 2009.
List of Demands - Approved Staff Recommendation (4-0-1) - Council Member
Naggar made the motion; it was seconded by Council Member Comerchero; and
electronic vote reflected approval of those present - Council Member Roberts was
absent.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 09-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Report as of June 30, 2009 - Approved Staff Recommendation (4-0-1)
- Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Member Roberts was absent.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of June 30, 2009.
Ar)r)roval of a Purchase and Sale Aareement to Sell an Ar)r)roximate 0.875 Acre Portion of
Assessor Parcel Number 921-021-088, at the NW corner of Diaz Road and Business Park
Drive_- Approved Staff Recommendation (4-0-1) - Council Member Naggar made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected approval of those present - Council Member Roberts was absent.
RECOMMENDATION:
5.1 Approve a Purchase and Sale Agreement between the City of Temecula and 43455
BPD, LLC for the Sale of an approximate 0.875 Acre portion of Assessor Parcel
Number (APN) 921-021-088 and authorize the City Manager to sign the Agreement.
Amendment to the Western Riverside Council of Governments Joint Powers Agreement (at
the request of Council Member Washington) - Approved Staff Recommendation (4-0-1)
- Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Member Roberts was absent.
RECOMMENDATION:
6.1 Approve the Amendment to the Western Riverside Council of Government's
(WRCOG) Joint Powers Agreement (JPA) to include Eastern Municipal Water
District and Western Municipal Water District as full voting members and authorize
the Mayor to execute the Amendment on behalf of the City.
Sixth Amendment to the Professional Services Agreement with Project Design Consultants
for the design of the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road -
Proiect No. PW00-26 - Approved Staff Recommendation (4-0-1) - Council Member
Naggar made the motion; it was seconded by Council Member Comerchero; and
electronic vote reflected approval of those present - Council Member Roberts was
absent.
RECOMMENDATION:
7.1 Approve the Sixth Amendment to the agreement with Project Design Consultants in
an amount not to exceed $62,250 for additional services to complete the
improvement plans for the Murrieta Creek Bridge and Overland Drive Extension to
Diaz Road - Project No. PW00-26.
Settlement of Eminent Domain Proceeding: Litigation City of Temecula v. Borchard-
Temecula, L.P., et al. (Riverside County Superior Court Case No. 519307) for the
Pechanga Parkway Dual right Turn Lanes from Temecula Parkway - Protect No. PW06-11
- Approved Staff Recommendation (4-0-1) - Council Member Naggar made the
motion; it was seconded by Council Member Comerchero; and electronic vote
reflected approval of those present - Council Member Roberts was absent.
RECOMMENDATION:
8.1 Approve the following documents substantially in the form attached:
• Stipulation for Entry of Final Judgment and Final Order of Condemnation
Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula,
L. P. (subject to resolution of issues between the City and County of
Riverside and the City and Pacific Bell Telephone Company);
• Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of
Temecula and AT&T Corp.;
Stipulation for Entry of Interlocutory Judgment Submitted by Plaintiff City of
Temecula and Verizon California, Inc.
8.2 Authorize the City Manager to approve a settlement and Stipulation for Interlocutory
Judgment with Pacific Bell Telephone Company on terms substantially similar to the
terms set forth in the Stipulation for Interlocutory Judgment Submitted by Plaintiff
City of Temecula and Verizon California, Inc.
Authorization to cooperate with the League of California Cities, the California
Redevelopment Association, and other Cities and Counties in litigation challenging the
constitutionality of any seizure by State Government of the City's Property Tax Street
Maintenance and Redevelopment Funds._- Approved Staff Recommendation (4-0-1) -
Council Member Naggar made the motion; it was seconded by Council Member
Comerchero; and electronic vote reflected approval of those present - Council
Member Roberts was absent.
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 09-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF
CALIFORNIA CITIES, OTHER CITIES, AND COUNTIES IN LITIGATION
CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE
GOVERNMENT OF THE CITY'S PROPERTY TAX, STREET MAINTENANCE,
AND REDEVELOPMENT FUNDS
10 Police Department Office of Traffic Safety (OTS) Grant Funding - Approved Staff
Recommendation (4-0-1) - Council Member Naggar made the motion; it was
seconded by Council Member Comerchero; and electronic vote reflected approval of
those present - Council Member Roberts was absent.
RECOMMENDATION:
10.1 Increase estimated General Fund Grant Revenue by $79,000;
10.2 Appropriate $79,000 from General Fund Grant Revenue to the Police Department.
At 7:16 P.M., the City Council convened as the Temecula Community Services District, and the
Redevelopment Agency. At 9:05 P.M., the City Council resumed with regular business.
PUBLIC HEARING
11 Parades and Special Events on Public Property Ordinance - Approved Staff
Recommendation 17.1 and 17.2 (4-0-1) - Council Member Naggar made the motion; it
was seconded by Council Member Comerchero; and electronic vote reflected
approval of those present - Council member Roberts was absent.
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AFFIRMING THE RIGHTS OF THE PEOPLE TO GATHER FOR EXPRESSIVE
ACTIVITIES ON PUBLIC STREETS, SIDEWALKS, AND PARKS, ADDING
CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES
AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION
17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT
CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON
PRIVATE PROPERTY
17.2 Adopt a resolution entitled:
RESOLUTION NO. 09-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE SPECIAL EVENT PERMIT FEE IN ACCORDANCE WITH
CHAPTER 12.12 OF THE TEMECULA MUNICPAL CODE ENTITLED PARADES
AND SPECIAL EVENTS ON PUBLIC PROPERTY
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
At 9:14 P.M., the City Council meeting was formally adjourned to Thursday, August 20, 2009 at
7:00 P.M., for the purpose of a Workshop on Community Health Services, in the City Council
Chambers, 43200 Business Park Drive, Temecula, California.
Next regular meeting: City Council Regular, Tuesday, August 25, 2009, at 5:30 P.M., for a
Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers,
43200 Business Park Drive, Temecula, California.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
5
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: August 25, 2009
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Jill Dickey, Accounting Assistant
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
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 No. 09-
List of Demands
RESOLUTION NO. 09-
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 $4,723,500.70.
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 25th day of August, 2009.
Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of August, 2009, 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
07/30/2009 TOTAL CHECK RUN
08/06/2009 TOTAL CHECK RUN
08/06/2009 TOTAL PAYROLL RUN:
$ 2,603,391.71
1,544,534.45
575,574.54
TOTAL LIST OF DEMANDS FOR 08/252009 COUNCIL MEETING: $ 4,723,500.70
DISBURSEMENTS BY FUND
CHECKS:
001
GENERAL FUND
$ 2,695,549.22
165
AFFORDABLE HOUSING
17,987.15
190
TEMECULA COMMUNITY SERVICES DISTRICT
264,923.59
192
TCSD SERVICE LEVEL B
138.70
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
24,822.87
194
TCSD SERVICE LEVEL D
1,370.32
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
2,045.67
197
TEMECULA LIBRARY FUND
6,475.47
210
CAPITAL IMPROVEMENT PROJECTS FUND
1,006,789.58
280
REDEVELOPMENT AGENCY - CIP PROJECT
23,259.26
300
INSURANCE FUND
2,633.59
320
INFORMATION SYSTEMS
59,885.16
330
SUPPORT SERVICES
3,356.31
340
FACILITIES
26,289.65
375
SUMMER YOUTH EMPLOYMENT PROGRAM
10,063.04
700
CERBT CALIFORNIA BE RETIREE-GASB45
2,336.58
$ 4,147,926.16
001
GENERAL FUND
$ 308,677.32
165
AFFORDABLE HOUSING
10,861.48
190
TEMECULA COMMUNITY SERVICES DISTRICT
144,632.55
192
TCSD SERVICE LEVEL B
148.53
193
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
4,596.47
194
TCSD SERVICE LEVEL D
1,400.99
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,279.85
197
TEMECULA LIBRARY FUND
824.78
280
REDEVELOPMENT AGENCY - CIP PROJECT
4,304.02
300
INSURANCE FUND
1,270.46
320
INFORMATION SYSTEMS
23,991.19
330
SUPPORT SERVICES
4,850.54
340
FACILITIES
8,904.66
375
SUMMER YOUTH EMPLOYMENT PROGRAM
54,519.07
700
CERBT CALIFORNIA BE RETIREE-GASB45
5,312.63
575,574.54
TOTAL BY FUND: $ 4,723,500.70
apChkLst Final Check List Page: 1
07/3012009 10:58:18AM CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
132943
07123/2009
008552
ADKINS DESIGN CONSULTING
Youth Media Arts Poster design
132944
07130/2009
008552
ADKINS DESIGN CONSULTING
Jul graphic design svcs: Theater
132945
07130/2009
012855
AITCHISON & WATTERS INC
doc preservation svcs: TV Museum
132946
07130/2009
009374
ALLEGRO MUSICAL VENTURES
Jul piano tuning/repair: Theater
132947
07130/2009
002187
ANIMAL FRIENDS OF THE
June animal control services
VALLEYS
132948
07/3012009
001323
ARROWHEAD WATER INC
Bottled wtr svcs: CM
Bottled wtr svcs: Fld Op Ctr
Bottled wtr svcs: Theater
Bottled wtr svcs: Library
Bottled wtr svcs: TCC
Bottled wtr svcs: Ch Museum
Bottled wtr svcs: Skate Park
Bottled wtr svcs: TV Museum
Bottled wtr svcs: TES pool
Bottled wtr svcs: CHS pool
Bottled wtr svcs: PBSP
Bottled wtr svcs: CRC
Bottled wtr svcs: Maint Facility
Bottled wtr svcs: City Hall
132949 07130/2009
132950 07130/2009
132951 07130/2009
132952 07130/2009
132953 07130/2009
132954 07130/2009
132955 07130/2009
Amount Paid
141.42
5,064.67
2,000.00
145.00
13,000.00
12.44
73.22
31.71
62.89
32.44
31.71
8.69
17.93
34.96
40.03
39.50
206.40
153.56
312.42
172.09
230.00
4,970.00
462.23
949.00
541.60
96.07
1,280.00
2,670.00
Check Total
141.42
5,064.67
2,000.00
145.00
13,000.00
1,057.90
172.09
230.00
4,970.00
462.23
1,490.60
96.07
3,950.00
Page:1
012834
013019
009776
010354
004262
005665
012583
AUDIO ADDICTION INC
AUTOMATED FREQUENCY
COORDINC
BAKER WINDOW & DOOR
BATTERIES PLUS #316
BIO-TOX LABORATORIES
BLACK'S TOWING
BLANCA Y PRICE
battery install: Medics
FCC License Calsense radio system
Res Impr Pgrm: Baskent, A. & H
batteries: Theater
DUI & drug screenings: Police
DUI & drug screenings: Police
emergency lock out bags: Fire
Jul landscape plan ck svcs: Planning
Jul landscape pln ck svc:Planning
apChkLst
Final Check List
Page: 2
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
132956
07130/2009
006908
C C & COMPANY INC
entertainment:Hot Summer Ngts
825.00
825.00
132957
07130/2009
000638
CALIF DEPT OF CONSERVATION
2009 2nd Qtr pmt:strong motion
2,951.81
2,951.81
132958
07130/2009
004248
CALIF DEPT OF JUSTICE-
Jun fingerprinting svcs:PDIHRISYEP
4,427.00
4,427.00
ACCTING
132959
07130/2009
000518
CARE ANIMAL HOSPITAL
veterinary svcs: Police K-9 Casper
183.00
183.00
132960
07130/2009
012957
CHAVEZ, ALMA
refund:little tot chef 1550.101
50.00
50.00
132961
07130/2009
000137
CHEVRON AND TEXACO
City vehicles fuel: CM
298.82
298.82
132962
07130/2009
003534
CLOUD PRODUCTIONS
entertainment:Hot Summer Ngt 7/24
600.00
600.00
132963
07130/2009
004017
COMERCHERO, JEFF
refund: colorlb&w printer ink cartridge
95.55
95.55
132964
07130/2009
011868
CONVALIAN PRODUCTIONS
performance: Summer Concert 816
1,500.00
1,500.00
132965
07130/2009
013020
COSTANZA, LAUREN
refund: overpayment to account
35.00
35.00
132966
07130/2009
013016
CR STUDIO 4
TCSD Instructor Earnings
637.00
TCSD Instructor Earnings
1,046.50
TCSD Instructor Earnings
910.00
2,593.50
132967
07130/2009
001393
DATA TICKET INC
Jun citation processing svc: Police
2,806.05
2,806.05
132968
07130/2009
012600
DAVID EVANS & ASSOCIATES
Jun eng svcs: Nicolas Valley
1,334.50
1,334.50
INC
132969
07130/2009
003945
DIAMOND ENVIRONMENTAL
Jul portable toilet svc: Vail Ranch
52.88
52.88
SRVCS
132970
07130/2009
004192
DOWNS COMMERCIAL FUELING
Fuel for City vehicles: TCSDIB&S
1,578.24
INC
Fuel for City vehicles: TCSD
72.49
Fuel for City vehicles: Police
74.69
08109 Clean Air Grant
150,000.00
151,725.42
132971
07130/2009
011202
E M H SPORTS & FITNESS
TCSD instructor earnings
1,344.00
TCSD instructor earnings
420.00
1,764.00
Paget
apChkLst
Final Check List
Page: 3
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
132972
07130/2009
004068
ECALDRE MANALILI-DE VILLA,
TCSD Instructor Earnings
238.00
AILEEN
TCSD Instructor Earnings
280.00
TCSD Instructor Earnings
168.00
TCSD Instructor Earnings
42.00
TCSD Instructor Earnings
210.00
TCSD Instructor Earnings
112.00
1,050.00
132973
07130/2009
011375
EDUCATIONAL INNOVATIONS INC misc supplies: Children's Museum
37.61
37.61
132974
07130/2009
011203
ENVIRONMENTAL CLEANING
Jul janitorial svcs: Parks/Schools
5,315.00
5,315.00
132975
07130/2009
001056
EXCEL LANDSCAPE
plant install: Tradewinds slopes
2,377.88
landscape repair: Pechaga Pkwy
350.00
landscape maint: Avondale
645.00
landscape maint: Solana medians
4,100.00
7,472.88
132976
07/30/2009
012879
EXHIBIT COMPANY, THE
trade show display final pymt
486.65
486.65
132977
07130/2009
009953
FEDERAL CLEANING
Jul janitorial svc: PD mall office
625.00
625.00
CONTRACTORS
132978
07130/2009
000165
FEDERAL EXPRESS INC
Jun express mail svcs: Citywide
628.10
711-6 express mail svcs: Citywide
215.18
843.28
132979
07130/2009
003747
FINE ARTS NETWORK
sttlmnt: Beauty & the Beast Jul '09
175.21
175.21
132980
07130/2009
007008
FISHER SCIENTIFIC COMPANY
rescue equip/supplies: Paramedics
1,391.21
1,391.21
132981
07130/2009
011145
FOSTER, JILL C.
TCSD instructor earnings
1,071.00
TCSD instructor earnings
1,102.50
2,173.50
132982
07/30/2009
002982
FRANCHISE TAX BOARD
order/withhold Case# 565458254
114.00
114.00
132983
07130/2009
004178
FREEDOM SIGNS
150th anniversary banner:Econ Dev
456.00
CA Franchise Tax Brd withholding
-114.00
342.00
132984
07130/2009
007804
GAZER, GEOFFREY
entertainment:Hot Summer Ngts
500.00
500.00
132985
07130/2009
001937
GALLS INC
red glock training gun: Police
160.95
160.95
132986
07130/2009
012066
GEOCON INLAND EMPIRE INC
Jun geotech svc:Pechanga Pkwy
6,209.00
6,209.00
Page:3
apChkLst
Final Check List
Page: 4
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
132987
07130/2009
011883
GOOGLE INC.
google earth renewal: Info Sys
1,600.00
1,600.00
132988
07130/2009
001135
HEALTH POINTE MEDICAL
pre-employment physicals: HR
100.00
GROUP INC
pre-employment physicals: HR
25.00
pre-employment physicals: HR
50.00
pre-employment physicals: HR
25.00
200.00
132989
07130/2009
012204
HERITAGE FAMILY MINISTRIES
TCSD Instructor Earnings
4,550.00
TCSD Instructor Earnings
2,975.00
TCSD Instructor Earnings
4,812.50
12,337.50
132990
07130/2009
003106
HERITAGE SECURITY SERVICES security Svcs: 4th of July
5,310.00
5,310.00
132991
07130/2009
013021
HUMPHREY, SUSAN
refund:belly dancing 3002.201
48.00
48.00
132992
07130/2009
011342
I A C ENGINEERING INC.
Jun Const:Murrieta Creek Trail
10,813.23
10,813.23
132993
07130/2009
004406
IGOE & COMPANY INC
Jul flex benefit plan pmt
294.00
294.00
132994
07130/2009
001407
INTER VALLEY POOL SUPPLY
chemical supplies: Aquatics
839.06
839.06
INC
132995
07130/2009
009393
J M DIAZ INC
Apr eng svcs:Tem Pkwy striping
1,220.00
Jun eng svcs:Tem Pkwy striping
530.00
1,750.00
132996
07130/2009
012295
JAMESON MANAGEMENT INC
door repair: MPSC
201.00
door repair: MPSC
603.05
804.05
132997
07130/2009
008715
KRAMER FIRM INC
telecom app cnslting: Planning
2,000.00
2,000.00
132998
07130/2009
001085
L N CURTIS & SONS
rescue equip supplies: Stn 73
241.05
241.05
132999
07130/2009
000380
LAIDLAW TRANSIT INC
transportation: Summer Day Camp
489.97
489.97
133000
07130/2009
005090
LOS RANCHITOS HOME,
Property dues: APN 922-190-035
25.00
OWNERS ASSOC.
Property dues: APN 922-140-010
25.00
50.00
133001
07130/2009
013022
M & D DEVELOPMENT, LLC
refund:eng dep:partial wrk completed
13,173.60
13,173.60
133002
07130/2009
004813
M & J PAUL ENTERPRISES INC
Jolly jump rentalAth of July events
1,200.00
Equip rental:day camp 7/9109
1,000.00
2,200.00
Page-.4
apChkLst
Final Check List
Page: 5
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133003
07130/2009
008716
MAGEE, BILL
Entertainment:Hot Summer Nights 7117
650.00
650.00
133004
07130/2009
013023
MARTINEZ, HILDA
refund:swim lessons lev 3:5103.405
48.00
48.00
133005
07130/2009
013024
MCCULLOUGH, MARK
refund:picnic shelter:tem hills park
43.00
43.00
133006
07130/2009
012580
MINUTEMAN PRESS
Business cards:police mall storefront
194.70
Business cards:m.ching
45.37
240.07
133007
07130/2009
005887
MOFFATT & NICHOL ENGINEERS
May ConsultlEng Srvcs:F.V.Pkwy
46,674.86
46,674.86
133008
07130/2009
001986
MUZAK-SOUTHERN CALIFORNIA
Aug music broadcast:Old Town
69.11
Jul music broadcast:Old Town
69.11
138.22
133009
07130/2009
002925
NAPA AUTO PARTS
Hardware supplies:fire prev
128.68
City vehicle parts & supplies:medics
210.95
339.63
133010
07130/2009
000727
NATIONAL FIRE PROTECTION
fy 09110 membership dues:E. Wigle
150.00
150.00
ASSN
133011
07130/2009
008528
NICHOLS, MELBURG & ROSETTO
May Dsgn:Old Town Infrastructure
31,147.40
May Eng Srvcs:Civic Center
1,787.28
Arch itectlEngineering Srvs:Civic Center
60,550.88
93,485.56
133012
07130/2009
002139
NORTH COUNTY TIMES
5121109-5122110 subscr:Police 152609
126.00
126.00
133013
07130/2009
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs:TCSD
58.21
City Vehicle Maint Svcs:TCSD
1,275.81
1,334.02
133014
07130/2009
008871
ORIGINAL LIFEGUARD INC
Lifeguard uniforms:aquatics pgrm
1,403.09
1,403.09
133015
07130/2009
011284
P D S WEST
211109-7115109 consult srvcs:nicholas
1,068.50
1,068.50
133016
07130/2009
013025
PARKER, TONY
refund:tvcd dance camp
302.00
302.00
133017
07130/2009
002498
PETRA GEOTECHNICAL INC
Apr geotech srvcs:marg rd storm drain
3,642.50
May geotech srvcs:marg rd storm drain
2,620.00
6,262.50
133018
07130/2009
010958
PIPS TECHNOLOGY INC
(3) ALPR purchase:police
75,067.87
75,067.87
133019
07130/2009
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
504.00
504.00
Pagea
apChkLst
Final Check List
Page: 6
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133020
07130/2009
008964
PULSIFER, JAMES
Entertainment:Hot Summer Nights 7117
750.00
750.00
133021
07130/2009
013027
RAMIREZ, ALICICA
refund:sec dep:rm rental:crc
400.00
400.00
133022
07130/2009
008415
RANCHO CALIF AUTO COLLISION
Equip repair & maint:pd helmets
250.00
250.00
133023
07130/2009
002072
RANCHO CALIF WATER DIST-
meter fees:POC-A & POC-B
7,607.00
7,607.00
FEES
133024
07130/2009
000262
RANCHO CALIF WATER DISTRICT
July:various water meters:tcsd
27,117.39
July:water meters:30875 rncho vista
539.41
July:water meter:30650 pauba rd
372.84
July:water meter:30650 pauba rd
15.39
28,045.03
133025
07130/2009
002654
RANCHO FORD LINCOLN
City vehicle parts & supplies:fire prev
45.90
45.90
MERCURY
133026
0713012009
004584
REGENCY LIGHTING
Misc electrical supplies:crc
540.33
electrical supplies:Old Town
1,993.18
Misc electrical supplies:library
143.80
2,677.31
133027
07130/2009
003591
RENES COMMERCIAL
herbicide application: Citywide
9,750.00
9,750.00
MANAGEMENT
133028
07130/2009
002110
RENTAL SERVICE
tool/equip rental: PW Maint
18.40
18.40
CORPORATION
133029
07130/2009
000406
RIVERSIDE CO SHERIFFS DEPT
5121-6130:law enforcement
1,972,667.29
Jun'09 Booking Fees
1,098.90
1,973,766.19
133030
07130/2009
007700
RIVERSIDE COUNTY SHERIFF
(8) regist Expl Acd Trn 813-7: PD
1,500.00
1,500.00
DEPT.
133031
07130/2009
004822
RIVERSIDE TRANSIT AGENCY
(2) bus passes:Mayor's SYEP
85.00
85.00
133032
07130/2009
013026
RUTLEDGE, DEANNA
refund:dr sears lean start 1350.201
60.00
60.00
133033
07130/2009
009196
SACRAMENTO THEATRICAL
Misc lighting supplies:theater
1,859.17
1,859.17
LIGHTING
133034
07130/2009
009980
SANBORN, GWYN
Country @ the Merc 7111109
564.00
Country @ the Merc 7118109
543.00
1,107.00
133035
07130/2009
010315
SELFRIDGE, SIU YING &
refund:bigfoots...cartoon camp
64.00
64.00
MICHAEL
Page6
apChkLst Final Check List Page: 7
0713012009 10:58:18AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
133036 0713012009 009213 SHERRY BERRY MUSIC
(Continued)
Description Amount Paid
Jazz @ the Merc 7/16109 252.00
Check Total
252.00
133037 07130/2009 004814 SIMON WONG ENGINEERING INC
Jun Dsgn:Main Street Bridge/Murr Creek
9,646.20
9,646.20
133038 07130/2009 000645 SMART & FINAL INC
Misc supplies:day camp
77.11
Misc supplies:day camp
118.42
Misc supplies:children's museum
79.08
Recogn supplies:ee luncheon 7/7
284.28
558.89
133039 07130/2009 000537 SO CALIF EDISON
June:2-31-693-9784:26036 ynez TC1
226.41
July:2-27-371-8494 offsite storage
27.89
July:2-20-817-9929 police O.T. stn
361.76
July:2-28-904-7706 overland trail
169.24
July:2-21-981-4720 Hwy 79S
30.99
July:2-28-331-4847 pauba rd
111.73
July:2-29-223-8607 old twn PED
460.51
July:2-29-933-3831 FOC
3,038.04
July:2-14-204-1615 front st rdio
42.81
July:2-19-171-8568 wedding chpl
76.05
July:2-18-937-3152 T.museum
1,505.74
July:2-02-351-4946 MPSC
2,435.33
July:2-29-657-2787 Winchester rd
19.20
July:2-29-807-1093 irrig diaz rd
21.69
July:2-29-807-1226 diaz rd irrig
20.73
July:2-29-807-1382 irrigation meter
19.84
July:2-31-419-2873:43000 hwy 395
19.84
July:2-31-031-2616:27991 diaz PED
19.37
July:2-31-282-0665:27407 diaz PED
20.87
July:2-30-099-3847:29721 ryecrest
73.77
8,701.81
133040 07130/2009 001212 SO CALIF GAS COMPANY
July:091-024-9300-5 CRC
543.70
July:026-671-2909-8 comm theater
24.86
July:021-725-0775-4 MPSC
57.05
July: 101-525-0950-0 TCC
25.77
July:181-383-8881-6 T. museum
11.96
July:196-025-0344-3 C. museum
0.92
July: 125-244-2108-3 Library
14.30
July:133-040-7373-0 maint fac
19.33
July: 101-525-1560-6: FS#73
51.13
July:095-167-7907-2: FS#84
123.31
872.33
133041 07/30/2009 000293 STADIUM PIZZA INC
Refreshments:day camp 7116109
323.41
323.41
133042 07130/2009 012188 STRONG FAMILIES
TCSD Instructor Earnings
21.00
21.00
Page:?
apChkLst
Final Check List
Page: 8
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133043
07130/2009
012789
STUART, JENNIFER SARAH
TCSD Instructor Earnings
2,266.25
2,266.25
133044
07130/2009
007698
SWANK MOTIONS PICTURES,
"RW rental:movies in the park 7117
371.00
INC.
"Polar Express" rental: movies/park 7124
371.00
"Kung Fu Panda" rental: m ovi es/park 7110
421.00
1,163.00
133045
0713012009
000305
TARGET BANK BUS CARD SRVCS
Misc supplies:childrens museum
16.81
Misc supplies:day camp
87.09
Misc supplies:day camp
64.32
Misc supplies:day camp
59.80
228.02
133046
07130/2009
010848
TEMECULA PLANTSCAPE
Jul lease srvcs:Library
200.00
200.00
133047
07130/2009
011736
TEMECULA TROPHY INC
nametagslplates:KightlPumalDir PIn1RDA
50.03
Recognition plaques & awards:csd
420.86
470.89
133048
07130/2009
000668
TIMMY D PRODUCTIONS INC
Jul sound tech srvcs:concert series
3,750.00
Jul sound tech: Movies/Park Series
6,000.00
9,750.00
133049
07130/2009
000319
TOMARK SPORTS INC
Equip & supplies:csd sports pgrm
3,470.71
3,470.71
133050
07130/2009
012000
TRANSAMERICAN AUTO PART
City Veh Repair & Maint:Fire Prevention
518.93
518.93
CO LLC
133051
07130/2009
013028
TRINITY TENTS & EVENTS, INC.
refund:ping app/ withdrawn
270.00
270.00
133052
07130/2009
012725
TRZOP, NICHELLE
TCSD Instructor Earnings
862.40
TCSD Instructor Earnings
940.80
TCSD Instructor Earnings
1,411.20
3,214.40
133053
07130/2009
004145
TW TELECOM
July:city phones general usage
5,749.00
5,749.00
133054
07130/2009
010276
TW TELECOM
July:high speed internet:mpsc
236.32
236.32
133055
07130/2009
004759
TWIN GRAPHICS
City vehicle graphics:Police
1,131.38
City vehicle graphics: Police
565.69
City vehicle graphics: Police
1,141.88
City vehicle graphics: Police
353.44
3,192.39
133056
07130/2009
009709
U H S OF RANCHO SPRINGS, INC
Apr-Jun '09 forensic srvcs:Police
5,400.00
5,400.00
133057
07130/2009
003497
VAIL RANCH MIDDLE SCHOOL
Alice in Wonderland Prgm agmnt pmt
971.25
971.25
Page:B
apChkLst
Final Check List
Page: 9
07/30/2009
10:58:1
8AM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133058
07130/2009
004261
VERIZON
July:xxx-2075 general usage
33.24
July:xxx-5275 general usage
36.63
July:xxx-2016 general usage
120.33
July:xxx-5706 gen usage:FOC
180.41
July:xxx-2676 general usage
35.52
July:xxx-5696 gen usage:sport comp
35.52
July: xxx-3526 gen usage:fire alarm
106.54
548.19
133059
07130/2009
012015
VERIZON BUSINESS FIOS
July:internet svcs:EOC b/u library
439.95
439.95
133060
07130/2009
004789
VERIZON ONLINE
July:internet svcs:PD DSL
42.99
42.99
133061
07130/2009
000339
WEST PUBLISHING CORP
Jun City hall legal publications
228.42
228.42
133062
07130/2009
000230
WILLDAN FINANCIAL SERVICES
Jul-Sep assessment eng:tcsd
5,599.98
5,599.98
133063
07130/2009
013006
WYMAN, ROBERT KURT
TCSD Instructor Earnings
81.90
TCSD Instructor Earnings
54.60
TCSD Instructor Earnings
27.30
163.80
Grand total for UNION BANK OF CALIFORNIA:
2,603,391.71
Page9
apChkLst Final Check List Page: 10
0713012009 10:58:18AM CITY OF TEMECULA
121 checks in this report.
Grand Total All Checks:
2,603,391.71
Page:10
apChkLst
Final Check List
Page: 1
0810612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1303
08/06/2009
000444
INSTATAX (EDD)
State Disability Ins Payment
26,830.68
26,830.68
1304
08106/2009
000283
INSTATAX(IRS)
Federal Income Taxes Payment
95,860.26
95,860.26
1305
08106/2009
001065
NATIONWIDE RETIREMENT
Nationwide Retirement Payment
35,643.48
35,643.48
SOLUTION
1306
08106/2009
000389
NATIONWIDE RETIREMENT
OBRA- Project Retirement Payment
9,931.92
9,931.92
SOLUTION
1307
08106/2009
000246
PERS (EMPLOYEES'
PERS ER Paid Member Contr Payment
126,806.38
126,806.38
RETIREMENT)
1308
08106/2009
000245
PERS - HEALTH INSUR PREMIUM
PERS Health Admin Cost Payment
91,399.48
Blue Shield HMO Payment
0.00
91,399.48
1309
08106/2009
000642
TEMECULA CITY FLEXIBLE
Child Care Reimbursement Payment
0.00
Child Care Reimbursement Payment
9,748.92
9,748.92
1310
08106/2009
010349
CALIF DEPT OF CHILD SUPPORT
Support payment
578.84
578.84
133064
08104/2009
005872
MUNICIPAL INFO SYS ASSN OF
'09 excellence/tech practices appl.fee
100.00
100.00
CAL
133065
08105/2009
005872
MUNICIPAL INFO SYS ASSN OF
FY 09/10 mbrshp dues:T.Thorson
240.00
240.00
CAL
133066
08106/2009
003552
A F L A C
AFLAC Cancer Payment
3,291.88
3,291.88
133067
0810612009
013031
ACACIA SPORTS
refund:eng grad dep:42044 winchstr
995.00
995.00
133068
0810612009
008552
ADKINS DESIGN CONSULTING
Jul graphic design svcs: Theater
1,078.78
1,078.78
133069
08106/2009
006915
ALLIE'S PARTY EQUIPMENT
equip rental: Hot Summer Nights
21.19
21.19
133070
08/06/2009
013032
ALTURA CREDIT UNION
refund:eng grad dep:PM 29132
995.00
995.00
133071
08106/2009
013015
ALWAYS RELIABLE BACKFLOW
backflowtesting:Vail Rnch Pkwy
44.00
backflowtesting:Vail Rnch Pkwy
22.00
backflowtesting:Vail Rnch Pkwy
22.00
88.00
Page:1
apChkLst
Final Check List
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
133072
08106/2009
012817
ARK MARKETING
lamp post banner ads: Theater
133073
08106/2009
002648
AUTO CLUB OF SOUTHERN
Membership: 13117974 RS
CALIF
Membership: 31708272 JM
Membership: 25799883 SN
133074
08106/2009
004757
AUTO MALL COLLISION CENTER
vehicle repairlmaint: TCSD
133075
08106/2009
013033
B & B CONTRACTORS
refund:eng grad dep:44060 marg. rd
133076
08106/2009
013034
B & K INVESTMENTS
refund:eng grad dep:PM 21383
133077
08/06/2009
012187
B T I APPRAISAL
Jun appraisal svcs: PW CIP
133078
08106/2009
004040
BIG FOOT GRAPHICS
TCSD instructor earnings
TCSD instructor earnings
133079
08106/2009
004262
BIO-TOX LABORATORIES
DUI & drug screenings: Police
133080
08106/2009
012583
BLANCA Y PRICE
credit:billing adj review fees not paid
Jul landscape pln ck svc: Planning
133081
08106/2009
008741
BORCHARD-TEMECULA LLC
refund:eng grad dep:TM 30180
133082
08106/2009
004380
BOY SCOUTS OF AMERICA
recycling sponsorship pgrm: 714109
133083
08106/2009
000128
BROWN & BROWN OF CALIF INC
May-Jun WC Ins HACRUB9055L51208
133084 08106/2009 013036 BURKE, JEROME refund:eng grad dep:41655 4th st
133085 08106/2009 013037 BURKEY MACHINE & TOOL CORP refund:eng grad dep:27430 bostik ct
133086
08106/2009
006908
C C & COMPANY INC
133087
08106/2009
013038
CAL-PALOMA DEL SOL, LLC
entertainment:Summer Concerts
refund:eng grad dep:TM 24185
refund:eng grad dep:TM 24186
refund:eng grad dep:TM 24184
refund:eng grad dep:TM 24182
refund:eng grad dep:TM 24188-1
Amount Paid
406.00
47.00
47.00
76.00
1,693.83
3,730.00
995.00
1,647.50
644.00
1,400.00
796.17
-1,110.00
3,110.00
995.00
195.00
80,261.00
995.00
995.00
750.00
995.00
995.00
995.00
995.00
995.00
Page: 2
Check Total
406.00
170.00
1,693.83
3,730.00
995.00
1,647.50
2,044.00
796.17
2,000.00
995.00
195.00
80,261.00
995.00
995.00
750.00
4,975.00
Page2
apChkLst
Final Check List
Page: 3
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133088
08106/2009
007794
CAL-PASEO DEL SOL, LLC, C/O
refund:eng grad dep:TM 24188-2
995.00
NEWLAND COMMUNITIES
refund:eng grad dep:TM 24183
995.00
1,990.00
133089
08106/2009
005321
CALIF ASSOC OF CODE
'09 CACE Sem:919-10:Parker, M
335.00
335.00
133090
0810612009
000413
CALIF DEPT OF FISH & GAME
streambed alteration app fee:PW06-04
4,000.00
4,000.00
133091
08106/2009
004248
CALIF DEPT OF JUSTICE-
DUI & drug testing: Police
1,365.00
1,365.00
ACCTING
133092
08106/2009
013039
CALIFORNIA BUSINESS CONDOS
refund:eng grad dep:TM 31259
995.00
995.00
133093
08106/2009
004609
CINTAS DOCUMENT
Jul doc shredding svc:Citywide
57.76
57.76
MANAGEMENT
133094
08/06/2009
004405
COMMUNITY HEALTH CHARITIES
Community Health Charities Payment
116.00
116.00
133095
08106/2009
000442
COMPUTER ALERT SYSTEMS
Jul-Sept alarm svcs: Citywide
4,425.00
4,425.00
133096
08106/2009
013040
CONNERS, ROBERT
refund:eng grad dep:31011 jedediah
995.00
995.00
133097
08106/2009
012353
CONSTRUCTION TESTING
Jun geotech svcs:Civic Center
38,299.00
38,299.00
133098
08106/2009
001264
COSTCO WHOLESALE
misc supplies:Team PACE
90.74
90.74
133099
0810612009
010650
CRAFTSMEN PLUMBING & HVAC
plumbing svcs: Stn 92
145.00
145.00
INC
133100
08106/2009
012940
CRAWFORD, LILLIAN
sttlmnt: Gospel at the Merc 7125
147.00
147.00
133101
08106/2009
013041
CURBY, DARRYL
refund:eng grad dep:36895 cantrell
995.00
995.00
133102
08106/2009
009831
D R HORTON AMERICA'S
refund:eng grad dep:wolf crk coprmn
995.00
995.00
BUILDER
133103
08106/2009
007373
DEL SOL INVESTMENTS
refund:eng grad dep:villages@paseo
995.00
refund:eng grad dep:32170 Hwy 79
995.00
1,990.00
133104
08106/2009
008943
DEPT OF GENERAL SERVICES
2nd Qtr SB1473 2009 pymt
1,013.00
1,013.00
(DGS)
Page:3
apChkLst
Final Check List
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
133105
08106/2009
013042
DIBBLE, PATRICK & ANNE
refund:eng grad dep:41875 yorba av
133106
08106/2009
013043
DIVERSIFIED INVESTMENT
refund:eng grad dep:PM 28530-2
GROUP
133107
08106/2009
006609
DPR CONSTRUCTION INC.
refund:eng grad dep:PM 30107
133108
0810612009
012217
DUDEK
May cnslt svcs: MSR review
133109
08106/2009
013044
DUNHAM & ASSOCIATES
refund:eng grad dep:TM 23992
133110
08106/2009
001669
DUNN EDWARDS CORPORATIO
N graffiti removal supplies:PW Maint
133111
08106/2009
013045
DYNAMIC FINANCE CORP
refund:eng grad dep:PM 23496
133112
0810612009
011202
E M H SPORTS & FITNESS
TCSD instructor earnings
TCSD instructor earnings
133113
08106/2009
005115
ENTERPRISE RENT A CAR INC
transportation:teen day camp
133114
0810612009
011292
ENVIRONMENTAL SCIENCE
Jun Eir Svc:Old Town Specific Plan
ASSOC.
133115
08106/2009
001056
EXCEL LANDSCAPE
mainline repairs: La Mirada
133116 08106/2009 000478 FAST SIGNS
mainline repairs: La Mirada
mainline repairs: Pavillion Pointe
mainline repairs: Paloma del Sol pk
landscape maint: Redhawk medians
install irrigation controller:Stn 73
landscape maint:Harveston slopes
landscape maint:Butterfield medians
valve repairs:Redhawk medians
valve repair: Martinique
mainline repairs: Wolf Creek
mainline repairs: Wolf Creek
mainline repairs: Presley
mainline repairs: Martinique
irrigation repairs: Villages slopes
mainline repairs: Villages slopes
landscape maint: Old Town
art show signs: Merc
Amount Paid
995.00
995.00
995.00
1,927.50
995.00
189.51
995.00
1,365.00
420.00
122.45
6,606.50
90.08
196.02
139.45
89.28
2,890.00
387.67
4,993.58
629.91
983.97
178.83
114.87
112.36
101.79
40.68
273.71
388.97
3,500.00
16.06
Page: 4
Check Total
995.00
995.00
995.00
1,927.50
995.00
189.51
995.00
1,785.00
122.45
6,606.50
15,111.17
16.06
Page-.4
apChkLst
08/0612009
2:39:28PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133117
08106/2009
011772
FELICITA FINANCIAL
refund:eng grad dep:TM 23946
995.00
995.00
CORPORATE
133118
08/06/2009
003747
FINE ARTS NETWORK
sttlmnt: Cinderella Ballet Jul'09
11,409.66
11,409.66
133119
08106/2009
008784
FIRE ENGINEERING
Fire magazine subscription: 1 yr
29.95
29.95
133120
0810612009
013046
FIRST PACIFIC HOMES I, LLC
refund:eng grad dep:TM 26521
995.00
995.00
133121
08106/2009
003633
FOOTHILL EASTERN
Feb-Jun toll roads usage:var.depts
79.45
79.45
TRANSPORTN.
133122
08106/2009
009097
FULL COMPASS SYSTEMS
electrical supplies:Yth Arts Fest
45.30
misc supplies: Theater
701.13
746.43
133123
08106/2009
011967
FULL VALUE ENTERTAINMENT
sttlmnt: Live at the Merc 7124
115.50
115.50
133124
08106/2009
003946
G T ENTERTAINMENT
announcer:Temecula's Got Talent
150.00
150.00
133125
08106/2009
012278
GALLERY TRADITIONS,
refund:eng grad dep:TM 30169
995.00
995.00
PARTNERS, LLC
133126
08/06/2009
013047
GARRETT, OWEN B.
refund:eng grad dep:43528 cd velardo
995.00
995.00
133127
0810612009
009608
GOLDEN VALLEY MUSIC
sttlmnt: Classics at the Merc 7109
652.40
652.40
SOCIETY
133128
08106/2009
003792
GRAINGER
equip: Fire Prevention
299.26
299.26
133129
08106/2009
013048
GROWTH MANAGEMENT CO
refund:eng grad dep:PM 21382 whse
995.00
995.00
133130
08106/2009
013049
GUIDANT CORP
refund:eng grad dep:PM 23354
995.00
995.00
133131
0810612009
003342
HABITAT FOR HUMANITY
refund:eng grad dep:TM 30990
995.00
995.00
133132
08106/2009
012748
HARDY & HARPER INC
Apr-Jun const:DePortola rehab
500,564.85
500,564.85
133133
08106/2009
001135
HEALTH POINTE MEDICAL
pre-employment physicals: HR
35.00
35.00
GROUP INC
133134
08106/2009
013050
HEINZELMANN, ALFRED
refund:eng grad dep:PM 12890
995.00
995.00
Pagea
apChkLst
08/0612009
2:39:28PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133135
08106/2009
012204
HERITAGE FAMILY MINISTRIES
science show:Family Fun Ngt 7/6
400.00
400.00
133136
08106/2009
001013
HINDERLITER DE LLAMAS &
3rd Qtr Sales Tax Audit Svc:Finance
2,503.35
2,503.35
ASSOC
133137
08106/2009
000963
HOGAN, DAVID
Retirement Medical Payment
699.00
699.00
133138
0810612009
000194
1 C M A RETIREMENT-PLAN
I C M A Retirement Trust 457 Payment
25,227.71
25,227.71
303355
133139
08106/2009
001407
INTER VALLEY POOL SUPPLY
chemical supplies: Aquatics pgrm
901.70
901.70
INC
133140
08/06/2009
001186
IRWIN, JOHN
TCSD instructor earnings
181.30
TCSD instructor earnings
803.60
TCSD instructor earnings
646.80
1,631.70
133141
08106/2009
012793
ISCIENCE DUD, LLC
videography svcs: Ch Museum
3,000.00
3,000.00
133142
08106/2009
004884
J & W REDWOOD LUMBER CO
misc supplies & lumber: PW Maint
66.39
66.39
INC
133143
08106/2009
012883
JACOB'S HOUSE INC
Jacob's House Charity Payment
300.00
300.00
133144
0810612009
012295
JAMESON MANAGEMENT INC
door maint/repair: Stn 92
299.00
299.00
133145
08106/2009
012285
JOHNSTONE SUPPLY
pump parts: Harveston Lake
187.53
187.53
133146
08106/2009
003046
K F R O G 95.1 FM RADIO
broadcasting:Hot Summer Ngts
2,800.00
2,800.00
133147
0810612009
000820
K R W & ASSOCIATES
Jul eng plan ck svcs: PW Lnd Dv
1,265.00
1,265.00
133148
08106/2009
012916
KANE, JOHN
performace:summer concert 8/13
1,000.00
1,000.00
133149
08106/2009
000548
KIPLINGER LETTER, THE
09110 subscr:19729169 GR
58.00
Subscription: Nat'l 54669163 MN
89.00
147.00
133150
08106/2009
000209
L & M FERTILIZER INC
equip repair: Stn 84
152.88
152.88
133151
08106/2009
003605
LAKE ELSINORE STORM
(38) tickets: Mother/Son 819/09
570.00
570.00
Page6
apChkLst
Final Check List
Page: 7
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133152
08106/2009
006425
LANNI, MICHAEL J.
refund:eng grad dep:PM 29133
995.00
995.00
133153
08106/2009
000482
LEIGHTON CONSULTING INC
Jun geotech svcs:Old Town parking
68,663.20
68,663.20
133154
08106/2009
013051
LENNAR LAND PARTNERS II
refund:eng grad dep:TM 23100-6
995.00
995.00
133155
08106/2009
004998
LINFIELD SCHOOL
refund:eng grad dep:26879 diaz rd
995.00
995.00
133156
08106/2009
008743
LONNIE SMITH CONSTRUCTION
refund:eng grad dep:TM 3552 lot 29
995.00
995.00
INC
133157
08106/2009
013052
M-A TEMEKU HILLS,
refund:eng grad dep:TM 23371-8
995.00
995.00
DEVELOPMENT LLC
133158
08106/2009
003782
MAIN STREET SIGNS
Misc street signs: PW Traffic
157.69
157.69
133159
08106/2009
012980
MC KELVEY, SHAWN
recognition award:street paint festival
500.00
500.00
133160
08106/2009
000944
MCCAIN TRAFFIC SUPPLY INC
Power distribution equip:pwtraffic div
1,173.42
1,173.42
133161
08106/2009
013053
MCKERNON, MICHAEL
refund:eng grad dep:40045 c. medusa
995.00
995.00
133162
08106/2009
013071
MCMILLIN COMPANIES, LLC
refund:eng grad dep:PM 23371-9,10
995.00
995.00
133163
08106/2009
006571
MELODY'S AD WORKS INC.
Aug mrkt & promo srvcs:old town
6,000.00
6,000.00
133164
08106/2009
003076
MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment
8,414.28
8,414.28
133165
08106/2009
007210
MIDORI GARDENS
Idscp srvcs:veteran memorial
3,824.00
3,824.00
133166
08106/2009
004951
MIKE'S PRECISION WELDING
field srvc/repair:old town
245.00
245.00
INC.
133167
0810612009
007669
MILES, KATRINA
TCSD Instructor Earnings
609.00
609.00
133168
08106/2009
012580
MINUTEMAN PRESS
Business cards:c mccarthy
118.05
118.05
133169
08106/2009
013054
MOUNTAIN VIEW ASSOCIATES
refund:eng grad dep:PM 25037
924.00
924.00
Page:?
apChkLst
08/0612009
2:39:28PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133170
08106/2009
004522
MULLIGANS FAMILY FUN
Day camp excursion: 712109
1,770.34
1,770.34
CENTER
133171
08106/2009
013055
MURPHY, KENNETH
refund:eng grad dep:TM 3929 lot 170
995.00
995.00
133172
08106/2009
006077
N T H GENERATION COMPUTING
Is Tape Library Equip:Library
24,190.79
24,190.79
INC
133173
08106/2009
002925
NAPA AUTO PARTS
Equip repair & maint:pw maint div
18.66
Equip repair & maint:pw maint div
5.85
24.51
133174
08106/2009
000233
NELSON, SHAWN
reimb:Jul '09 intemet services
44.99
44.99
133175
08106/2009
008528
NICHOLS, MELBURG & ROSETTO
Jun Dsgn Srvcs:Civic Center Ph Ii
34,351.81
Jun Dsgn:Old Town Infrastructure
17,907.54
52,259.35
133176
08106/2009
009337
NOLTE ASSOCIATES INC
6112-719 dsgn srvcs:ped bridge
1,086.76
1,086.76
133177
08106/2009
013056
NORM REEVES TEMECULA,
refund:eng grad dep:26705 ynez rd
995.00
995.00
HONDAIACURA
133178
08106/2009
002139
NORTH COUNTY TIMES
8/21109-8120/10 subscr:Pln 124624
126.00
126.00
133179
0810612009
013057
NORTH PLAZA LLC
refund:eng grad dep:TM 23496
995.00
995.00
133180
08106/2009
003964
OFFICE DEPOT BUSINESS SVS
Misc office supplies:police mall office
102.73
102.73
DIV
133181
08106/2009
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs:Comm.Srvcs
535.89
City Vehicle Maint Svcs:Comm.Srvcs
66.57
602.46
133182
08106/2009
013058
OVERLAND CORPORATE
refund:eng grad dep:TM 30208 L14-19
995.00
995.00
CENTER
133183
08/06/2009
012280
PACITTO, PETER
refund:eng grad dep:TM 21818 L17
995.00
refund:eng grad dep:TM 9833-2 L24
995.00
1,990.00
133184
08106/2009
001958
PERS LONG TERM CARE
PERS Long Term Care Payment
377.54
377.54
PROGRAM
133185
08106/2009
000249
PETTY CASH
Petty Cash Reimbursement
486.34
486.34
133186
08106/2009
007484
PHILIPS MEDICAL SYSTEMS INC
AED Supplies: Medics
1,627.93
1,627.93
Page:B
apChkLst
Final Check List
Page: 9
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133187
08106/2009
004625
PLANT EQUIPMENT, INC
refund:eng grad dep:TM 21383
995.00
995.00
133188
08106/2009
010338
POOL & ELECTRICAL PRODUCTS
pool supplies/chemicals: crc & tes pools
138.55
138.55
INC
133189
08106/2009
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
252.00
252.00
133190
0810612009
005820
PRE-PAID LEGAL SERVICES INC
PrePaid Legal Services Payment
460.35
460.35
133191
08106/2009
008054
PROJECT DESIGNS
refund:eng grad dep:27622jefferson
700.00
700.00
CONSULTANTS
133192
08/06/2009
008964
PULSIFER, JAMES
Entertainment:Hot Summer Nights 817
750.00
750.00
133193
08106/2009
013059
RAINBOW SERVICE STATION INC
refund:eng grad dep:TM 30180
995.00
995.00
133194
08106/2009
013060
RANCHO CA GATEWAY, LLC
refund:eng grad dep:TM 23822
995.00
995.00
133195
08/06/2009
000262
RANCHO CALIF WATER DISTRICT
July:various water meters:tcsd
2,016.03
2,016.03
133196
08106/2009
010202
RANCHO PUEBLO #1, LLC
refund:eng grad dep:tem self storage
995.00
refund:eng grad dep:PM 30797
995.00
1,990.00
133197
08106/2009
004584
REGENCY LIGHTING
Misc electrical supplies:ch/libr/var
426.65
426.65
133198
0810612009
000406
RIVERSIDE CO SHERIFFS DEPT
FY 09110 CAL-ID mbr assessment
86,909.00
4th of July patrol services
20,933.91
Jazz Festival patrol services 7/11
1,549.10
109,392.01
133199
08106/2009
000406
RIVERSIDE CO SHERIFFS DEPT
TrFCollision Invst.: 8124-28 Sgt.
151.00
151.00
133200
08106/2009
004822
RIVERSIDE TRANSIT AGENCY
(2) bus passes: Mayor's SYEP BL/RB
100.00
100.00
133201
08106/2009
000873
ROBERTS, RONALD H.
reimb: Aug '09 internet services
44.99
44.99
133202
0810612009
013061
ROSENSTEIN, ROBERT
refund:eng grad dep:penny dome
995.00
995.00
Page9
apChkLst
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2:39:28PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133203
08106/2009
002226
RUSSO, MARYANNE
TCSD Instructor Earnings
1,487.50
TCSD Instructor Earnings
1,309.00
TCSD Instructor Earnings
840.00
3,636.50
133204
08/0612009
013062
S-P MURDY, LLC
refund:eng grad dep:TM 29305
995.00
995.00
133205
08106/2009
009196
SACRAMENTO THEATRICAL
Misc lighting supplies:theater
535.16
LIGHTING
Misc lighting supplies:theater
1,062.77
1,597.93
133206
08106/2009
008404
SAFE CHECKS
accounts payable checks:finance
1,132.30
1,132.30
133207
08106/2009
007582
SAFEGUARD DENTAL & VISION
SafeGuard Vision Plan Payment
1,108.49
1,108.49
133208
08106/2009
006815
SAN DIEGO, COUNTY OF
Support Payment
12.50
12.50
133209
08/06/2009
009980
SANBORN, GWYN
Country @ the Merc 7125109
568.50
568.50
133210
08106/2009
012947
SCOTT, NATHAN IAL G.
dj srvcs:middle school dance/crc 6119
250.00
250.00
133211
08106/2009
011511
SCUBA CENTER TEMECULA
TCSD Instructor Earnings
588.00
588.00
133212
08106/2009
009213
SHERRY BERRY MUSIC
Jazz @ the Merc 7123109
399.00
399.00
133213
0810612009
000645
SMART & FINAL INC
Recreation supplies:mspc
144.90
144.90
133214
08106/2009
000537
SO CALIF EDISON
July:2-29-224-0173 Fire Stns
2,579.88
July:2-29-295-3510 wolf vly:fire
1,643.87
July:2-25-393-4681 TES pool
814.04
July:2-29-953-8249 wolf crk dr FED
21.12
July:2-29-953-8082 wolf vly
24.80
July:2-29-953-8447 wlf vly rd FED
21.12
July:2-30-220-8749:45850 n wolf crk
452.99
July:2-29-657-2332:45538 redwd FED
18.56
July:2-00-397-5042 city hall
9,043.23
July:2-02-502-8077 maint fac
2,549.20
July:2-29-458-7548 wolf crk FED
235.03
July:2-29-657-2563 var meters:tcsd
163.37
July:2-30-520-4414:32781 tem pkwy
196.47
July:2-00-397-5067 var mtrs:tcsd
1,917.65
July:2-31-404-6020:28771 old twn fir
1,383.52
21,064.85
133215
08106/2009
001212
SO CALIF GAS COMPANY
July:129 582 9784 3 FOC
24.86
July:091-085-1632-0 T.E.S. Pool
53.94
78.80
Page:10
apChkLst
Final Check List
Page: 11
08/0612009
2:39:28PM
CITY OF TEMECULA
Bank :
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133216
08106/2009
000282
SO CALIF MUNICIPAL ATHLETIC
'09 softball rulebooks:sports pgrm
540.00
540.00
133217
0810612009
013035
SOBRECK, LLC, CIO
refund:eng grad dep:26478 ynez rd
995.00
995.00
BRECKENRIDGE GROUP
133218
08106/2009
000519
SOUTH COUNTY PEST CONTROL
Jul pest control:fs 84
80.00
80.00
INC
133219
08106/2009
013063
SR. GROUP, LLC
refund:eng grad dep:TM 28309
995.00
995.00
133220
08106/2009
000293
STADIUM PIZZA INC
rfrshmnts:Aglow/Prk-Movie 7110109
183.92
183.92
133221
08106/2009
007762
STANDARD INSURANCE
Mandatory Life Insurance Payment
10,676.75
10,676.75
COMPANY
133222
08106/2009
012723
STANDARD INSURANCE
Voluntary Supp Life Insurance Payment
660.20
660.20
COMPANY
133223
08106/2009
003000
STATE WATER RESOURCES
401 app fee dpst:W.Bypass brdg pw0604
640.00
640.00
133224
08106/2009
002366
STEAM SUPERIOR CARPET
Carpet cleaning srvcs:tcc
1,997.00
1,997.00
CLEANING
133225
08106/2009
011302
SUBWAY
refreshments: '09 Mayor's SYEP wrkshps
1,305.12
1,305.12
133226
08106/2009
011667
T & T JANITORIAL INC
Jul janitorial srvcs:city facilities
7,073.83
7,073.83
133227
08106/2009
013064
T1-HEC, LLC
refund:eng grad dep:31934 Hwy 79
995.00
995.00
133228
0810612009
000305
TARGET BANK BUS CARD SRVCS
Misc supplies:skate park pgrm
140.62
140.62
133229
08106/2009
001547
TEAMSTERS LOCAL 911
Union Dues Payment
4,983.00
4,983.00
133230
08106/2009
009500
TEMEC ELECTRONICS, INC
Misc tools & equipment: PW Traffic
368.10
368.10
133231
08106/2009
012265
TEMECULA ACE HARDWARE CIO
Misc supplies:var park sites
27.35
Misc supplies:var park sites
22.73
Misc supplies:var park sites
3.65
53.73
133232
08/06/2009
013065
TEMECULA PAD H, LLC
refund:eng grad dep:PM 28530-1
995.00
refund:eng grad dep:PM 28530-1
995.00
1,990.00
Page:11
apChkLst
08/0612009
2:39:28PM
Final Check List
CITY OF TEMECULA
Page: 12
Bank :
union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
133233
08106/2009
011736
TEMECULA TROPHY INC
Recreation Supplies- Sports Prgm
446.15
446.15
133234
08106/2009
004274
TEMECULA VALLEY SECURITY
floor closers:crc
772.13
772.13
CENTR
133235
08106/2009
000919
TEMECULA VALLEY UNIFIED
Jun City vehicles fuel usage
217.49
SCHOOL
May City vehicles fuel usage
159.25
376.74
133236
08106/2009
003941
TEMECULA WINNELSON
plumbing supplies: crc
34.71
34.71
COMPANY
133237
08106/2009
000668
TIMMY D PRODUCTIONS INC
sound techlmovie:'09 balloon glow
1,200.00
1,200.00
133238
08106/2009
008517
UNITED SITE SERVICES OF
7116-8112 fence rental:Main St Bridge
26.64
26.64
CA,INC
133239
08/06/2009
000199
UNITED STATE TREASURY
Support Payment
250.00
250.00
133240
08106/2009
000325
UNITED WAY
United Way Charities Payment
36.00
36.00
133241
08106/2009
013066
VAN GAALE, PAUL
refund:eng grad dep:31240 peggy lou
995.00
995.00
133242
08106/2009
004261
VERIZON
July:xxx-1999 general usage
40.82
July:xxx-0049 general usage
35.53
July:xxx-9897 general usage
88.08
164.43
133243
08106/2009
004624
VOLVO ROAD MACHINERY INC
Veh Repair & Maint:Pw Maint Div
1,198.60
Veh Repair & Maint:Pw Maint Div
2,192.31
3,390.91
133244
08106/2009
012749
WARMINGTON PASEO II
refund:eng grad dep:TM 24186-2
995.00
995.00
ASSOCIATES
133245
08106/2009
000339
WEST PUBLISHING CORP
Motor Vehicles subscr:Police 2599627
318.00
318.00
133246
08106/2009
013067
WILLIAMS, DANIEL
refund:eng grad dep:TM 3929
995.00
995.00
133247
08/06/2009
013068
WILSON, BRUCE
refund:eng grad dep:TM 3883 L136
995.00
995.00
133248
08106/2009
013069
WINCHESTER TECH, LLC
refund:eng grad dep:42235 wnchstr
995.00
995.00
133249
08106/2009
007701
WOLF CREEK DEVELOPMENT,
refund:eng grad dep:TM 32319130264
995.00
995.00
LLC
Page:12
apChkLst
08/0612009 2:39:28PM
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
133250 08106/2009 003434 Z E P MANUFACTURING
COMPANY
133251 08106/2009 004366 ZAM II PROPERTIES
Final Check List Page: 13
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Check Total
misc supplies:pw maint div
740.34
credit:supplies returnedlpw maint div
-244.36
495.98
refund:eng grad dep:27411 ynez rd
995.00
995.00
Grand total for UNION BANK OF CALIFORNIA: 1,544,534.45
Page:13
apChkLst Final Check List Page: 14
08/0612009 2:39:28PM CITY OF TEMECULA
196 checks in this report.
Grand Total All Checks:
1,544,534.45
Page:14
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: August 25, 2009
SUBJECT: Access to Summary Criminal History Information
PREPARED BY: David Bilby, Senior Debt Analyst
RECOMMENDATION: That the City Council
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE CITY TO ACCESS SUMMARY
CRIMINAL HISTORY INFORMATION OF EMPLOYEES,
VOLUNTEERS, INDEPENDENT CONTRACTORS AND
PERMITTEES
BACKGROUND: On September 28, 1993, the City Council approved Resolution No. 93-
79 authorizing access to state and local summary criminal history through fingerprint checks per the
City employment hiring process. With the recent adoption of the City massage Ordinance No. 08-12
it is necessary to obtain Federal Bureau of Investigation (FBI) level access to summary criminal
history in order to conduct massage establishment and technician background investigations. This
resolution is required to provide the Department of Justice (DOJ) the necessary authorization to
allow the City of Temecula the FBI level of access obtained through fingerprint checks.
FISCAL IMPACT: Federal access is an additional $19 per massage applicant and will be
incorporated in the DOJ contract for services to be brought forward once this resolution is adopted.
Adequate funds exist within the Police Department Budget.
ATTACHMENTS: Resolution 09-
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE CITY TO ACCESS
SUMMARY CRIMINAL HISTORY INFORMATION OF
EMPLOYEES, VOLUNTEERS, INDEPENDENT
CONTRACTORS AND PERMITTEES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, and districts to access state and local summary criminal history information for
employment, licensing, or certification purposes; and
WHEREAS, Penal Code Sections 11105(b)(11) authorizes cities, counties, and
districts to access federal level criminal history information by transmitting fingerprint
images and related information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be
a requirement or exclusion from employment, licensing, or certification based on
specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, or governing body of a city, county or district to
specifically authorize access to summary criminal history information for employment,
licensing, or certification purposes
NOW THEREFORE, BE IT RESOLVED, That the City of Temecula is hereby
authorized to access state and federal level summary criminal history information for
employment (including volunteers and contract employees), licensing of Massage
Technicians and Taxi Drivers, or certification for the City of Temecula, the Temecula
Redevelopment Agency, the Temecula Community Services District, and the Temecula
Police Department purposes and may not disseminate the information to a private
entity; and
BE IT FURTHER RESOLVED, That the City of Temecula shall not consider a person
who has been convicted of a violent or serious felony or misdemeanor eligible for
employment (including volunteers and contract employees), or licensing; except that
such conviction may be disregarded if it is determined that mitigating circumstances
exist, or that the conviction is not related to the employment, volunteer or license in
question.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of August, 2009.
Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of August, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ITEM NO. 5
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Aaron Adams, Assistant City Manager
DATE: August 25, 2009
SUBJECT: Approve FY2009-10 Economic Development Operating Agreement with the
Temecula Valley Chamber of Commerce
PREPARED BY: Gloria Wolnick, Economic Development Specialist II
RECOMMENDATION: That the City Council approve the operating agreement and authorize
the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount
of $136,260.
BACKGROUND: The City of Temecula partners with the Temecula Valley Chamberof
Commerce lends synergy to our economic development efforts.
The Economic Development Subcommittee of the City Council (Council Members Roberts and
Washington), and staff met to discuss the Economic Development funding requests on February 25,
2009. The subcommittee has recommended approval of this amount and the City Council
subsequently approved this funding in the FY2009/10 Operating Budget.
The Temecula Valley Chamber of Commerce has provided a summary of materials including their
work plan, financials and services that they provide (see Attachment 1A). Also, attached is the
Operating Agreement for the organization for the FY2009-10 term. Funding of the program of
$136,260 will be allocated to the Temecula Valley Chamber of Commerce.
Temecula Valley Chamber of Commerce
The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth
while protecting the environment for all businesses and by doing so, support the programs which
preserve and improve the quality of life for the entire community.
In January 2008, the Chamber hired Strategic Marketing Group to prepare a 3-year Strategic Plan.
The Chamber's goals include greater utilization of technology, influential organization; maximize
local consumers and providing businesses a resource in an effort to better serve its membership
and also double its membership by 2011/12.
The Chamber primarily represents and promotes the area's economy and encourages business and
industrial investment. The Chamber responds to relocation and business inquiries and sends
corresponding information to prospective residents and potential businesses. As part of the City of
Temecula's Outreach Program, the Chamber actively partners with the City in its business retention
efforts by attending site visits, assisting with special events that acknowledge local businesses and
responding to business requests. The Chamber assisted in coordinating and attending site visits to
each of the members of the Temecula Auto Dealers Association. The Chamber serves as a liaison
between the City/Utility companies and the business community on specific issues facing the
business.
The Chamber partners with the Small Business Development Center (SBDC) to offer business
counseling services and on a monthly basis provides Small Business Training Workshops, offering
information on key business issues such as employer taxes, opportunities for doing business with
the Government and SBA loans. In 2008, the SBDC has provided 72 one-on-one counseling
sessions and topic-based seminars to over 92 business owners and potential entrepreneurs.
The Chamber also provides meeting space to many local non-profit organizations at no charge to
such groups as SAFE, The Arts Council, Dorland Mountain Arts Colony, Race For Humanity,
Temecula Noon Rotary, and SCORE representatives who offer counseling services to individuals
starting businesses and businesses wishing to expand. In 2008, SCORE representatives counseled
123 potential entrepreneurs.
The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides
avenues for businesses to promote their products and services. The Shop Temecula First
promotion includes 3 freeway billboards, banner stands, store front window decals, 25,000 scratcher
cards, website - discount coupons offered by participating merchants, shopping bags, store front
Shop Temecula First display at The Promenade Mall as well as other advertising.
The Chamber serves as a representative for business legislative issues that affect the overall
welfare of the business community. The Temecula Valley Chamber of Commerce, as founder and
partner in the Southwest California Legislative Council, a regional coalition, strives to take a
proactive role in legislative issues of importance to its members and the residents of Temecula. The
Southwest California Legislative Council (SWCLC) established a regional advocacy-based website
which is available to members, which tracks and publishes information on pertinent legislation that
may impact the economic viability of the region. The Temecula Valley, Murrieta and Lake Elsinore
Valley Chambers tracked 32 potential new laws in 2008 that might have impacted the Temecula
Valley business region. Over 40 different letters were sent to local state legislators, the governor
and other stakeholders of legislators that would and have impact on the Temecula Valley. The
SWCLC increased their working relationship and doubled their efforts in terms of the issues that
were tracked with our state legislators this past year. In 2008, all area legislators voted with the
SWCLC 100% of the time, a major accomplishment in representing the interests of Temecula
businesses with government. A contingency of directors and SWCLC members attended the Cal
Chamber Legislative Summit to meet with area legislators to address key issues facing the region.
In April 2009, in partnership with the City of Temecula over 1,500 letters were delivered to the
Governor's Riverside office regarding the Rancho Spring Hospital expansion.
The Chamber organizes a wide variety of business programs and events throughout the year
including the State of the City Address, Business & Economic Forecast Conference, and the
Legislative Summit. The "Women In Business" event which creates opportunities, connections and
resources for women attracted over 150 attendees. The Chamber offers over 235 networking
opportunities annually including: Monthly Mixer events, Monthly Coffee Connection, Ambassador
Networking Luncheons, Power Networking Workshops, Networking Breakfasts, Sphere of Influence
events, Restaurant Association Forum, Valley Young Professionals and Quarterly Networking
Luncheons. The Chamber held 72 Ribbon Cutting and Grand Openings to promote businesses.
The Partners in Education Committee is likely to be suspended. Chamber staff and business
members will continue to assist in coordinating the annual Mayor's Summer Youth Employment
Program and publicize the Regional College Invitational event in September. The TVCC Board
approved the Draft MOU Joint Commitment of Partners with the Temecula Valley Unified School
District and California State University San Marcos to work collaboratively with the City of Temecula
and the Temecula Valley Chamber of Commerce.
The Chamber serves as an informational resource center for members and the community at large.
In 2008, the Chamber received over 58,000 phone calls and 40,000 walk-in visitors seeking
information on Temecula and the business community. The Chamber sent out 17,000 mailings and
had 150,000 hits on their website. In 2008, the Chamber events and programs grew from 171 to
308, a 180% increase.
The Chamber's request in the amount of $136,260 was budgeted in the FY2009-10 Operating
Budget.
FISCAL IMPACT: Appropriate funding forthe Temecula Valley Chamber of Commerce is
available in the FY2009-10 Economic Development Department Operating Budget #001-11-999-
5264.
ATTACHMENTS: City/Chamber Operating Agreement
C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc
OPERATING AGREEMENT BETWEEN THE CITY OF TEMECULA
AND
TEMECULA VALLEY CHAMBER OF COMMERCE
This Agreement is made and effective as of this 25th day of August, 2009 , by
and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CHAMBER
OF COMMERCE ("CHAMBER"), a California nonprofit corporation. In consideration of
the mutual covenants, conditions and undertakings set forth herein, the parties agree as
follows:
1. RECITALS. This Agreement is made with respect to the following facts
and purposes which each of the parties acknowledge and agree are true and correct:
A. The City is desirous of promoting its advantages as a business,
industrial, tourist and resident center; disseminating information relative thereto, and of
properly following up and giving consideration to inquiries made relative to the various
activities of City of Temecula ("City) and its possibilities as such to residential, industrial,
tourist and business interests.
B. The CHAMBER has special knowledge, experience and facilities
for disseminating information; and is organized for and equipped to carry on promotional
activities on behalf of City; and to publicize and exploit its advantages.
C. Such activities are recognized by law as being in the public
interest and serving public purpose.
2. TERM. This Agreement shall commence on August 25, 2009, and shall
remain and continue in effect until tasks described herein are completed, but in no event
later than June 30, 2010, unless sooner terminated pursuant to the provisions of this
Agreement.
3. SERVICES. CHAMBER shall perform the services and tasks described
and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in
full. CHAMBER shall complete the tasks according to the schedule of performance
which is also set forth in Exhibit A.
4. PERFORMANCE. CHAMBER shall at all time faithfully, competently
and to the best of his or her ability, experience, and talent, perform all tasks described
herein. CHAMBER shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of
CHAMBER hereunder in meeting its obligations under this Agreement.
5. PAYMENT.
a. The City agrees to pay quarterly, in accordance with the payment
rate and term 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 spend on the services. Any terms in Exhibit B other than
the payment rate and schedule of payment are null and void. This amount shall not
exceed One Hundred Thirty-Six Thousand, Two Hundred Sixty Dollars and No Cents
C:\Program Files\Neevia.Com\Document Conveiter\temp\938732.doc
($136,260) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
b. CHAMBER 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. CHAMBER shall be compensated for any additional services in the
amounts and in the manner as agreed to by City Manager and CHAMBER at the time
City's written authorization is given to CHAMBER for the performance of said services.
In the event the City should desire any additional service, CHAMBER shall, upon
request of City, furnish a proposal including an itemized statement of the estimated cost
thereof, and the City may modify or alter the proposal in its sole discretion or may direct
the submission of a new proposal which may be accepted, altered or rejected. Upon the
final approval of any such proposal and execution thereof, by the City and the
CHAMBER, as herein provided, the City will pay to CHAMBER the cost thereof, and the
CHAMBER shall perform the work. All money due for carrying out said plan or proposal
shall be supported by a detailed statement of CHAMBER showing the basis of said
claims, and certified by proper officers of CHAMBER. CHAMBER shall not be entitled to
receive any compensation for the normal services or expenses.
C. CHAMBER will submit invoices quarterly for actual services
performed. Payment shall be made within thirty (30) days of receipt of the invoice.
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 CHAMBER 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 CHAMBER will submit an invoice to the
City pursuant to Section 5.
7. DEFAULT OF CONSULTANT.
a. The CHAMBER's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that CHAMBER is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to continue
compensating CHAMBER for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the CHAMBER. If such failure
by the CHAMBER to make progress in the performance of work hereunder arises out of
causes beyond the CHAMBER's control, and without fault or negligence of the
CHAMBER, it shall not be considered a default.
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b. If the City Manager or his delegate determines that the CHAMBER
is in default in the performance of any of the terms or conditions of this Agreement, it
shall serve the CHAMBER with written notice of the default. The CHAMBER 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 CHAMBER 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. CHAMBER 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. CHAMBER 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. CHAMBER shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there
from as necessary, and shall allow inspection of all work, data, documents, proceedings
and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final
payment.
b. Upon completion of, or in the event of termination or suspension
of this Agreement, all original documents, designs, drawings, maps, models, computer
files containing data generated for the work, surveys, notes, and other documents
prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the CHAMBER. With
respect to computer files containing data generated for the work, CHAMBER shall make
available to the City, upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring and
printing computer files.
9. INDEMNIFICATION. The CHAMBER agrees to defend, indemnify,
protect and hold harmless the City, District, and/or Agency, its officers, officials,
employees and volunteers from and against any and all claims, demands, losses,
defense costs or expenses, including attorney fees and expert witness fees, or liability of
any kind or nature which the City, District and/or Agency, its officers, agents, employees
or volunteers may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damage to property arising out of CHAMBER'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. CHAMBER 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 CHAMBER, its agents, representatives, or employees.
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broad as:
a. Minimum Scope of Insurance. Coverage shall be at least 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 CHAMBER 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 CHAMBER has no employees
while performing under this Agreement, worker's compensation insurance is not
required, but CHAMBER shall execute a declaration that it has no employees.
than:
b. Minimum Limits of Insurance. CHAMBER 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) Worker's Compensation as required by the State of
California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily
injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager. At the option
of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees and volunteers;
or the CHAMBER 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 CHAMBER; products and completed operations of the CHAMBER;
premises owned, occupied or used by the CHAMBER; or automobiles owned, leased,
hired or borrowed by the CHAMBER. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or
volunteers.
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2) For any claims related to this project, the CHAMBER'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 CHAMBER'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 CHAMBER'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 CHAMBER 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'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. CHAMBER 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 CHAMBER'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. CHAMBER 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 CHAMBER shall at all times be under CHAMBER's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have
control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or
agents except as set forth in this Agreement. CHAMBER 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. CHAMBER 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 CHAMBER in connection
with the performance of this Agreement. Except for the fees paid to CHAMBER as
provided in the Agreement, City shall not pay salaries, wages, or other compensation to
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CHAMBER for performing services hereunder for City. City shall not be liable for
compensation or indemnification to CHAMBER for injury or sickness arising out of
performing services hereunder.
12. LEGAL RESPONSIBILITIES. The CHAMBER 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 CHAMBER 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 CHAMBER to comply with this
section.
13. RELEASE OF INFORMATION.
a. All information gained by CHAMBER in performance of this
Agreement shall be considered confidential and shall not be released by CHAMBER
without City's prior written authorization. CHAMBER, 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 CHAMBER gives City notice of such court order or subpoena.
b. CHAMBER shall promptly notify City should CHAMBER, 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
CHAMBER and/or be present at any deposition, hearing or similar proceeding.
CHAMBER agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by CHAMBER. 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.
To City via U.S. Mail: City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
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To City via Courier Service: 43200 Business Park Drive
Temecula, California 92590
Attention: Shawn Nelson, City Manager
To Consultant: Temecula Valley Chamber of Commerce
26790 Ynez Court, Suite A
Temecula, CA 92599
Attention: Alice Sullivan, 10M,
President/CEO
15. ASSIGNMENT. The CHAMBER 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, CHAMBER'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 CHAMBER.
16. LICENSES. At all times during the term of this Agreement, CHAMBER
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 CHAMBER 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. 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 that has
participated in the development of this Agreement or its approval shall have any financial
interest, direct or indirect, in this Agreement, the proceeds thereof, the CHAMBER, or
CHAMBER's sub-contractors for the work to be performed under this Agreement, during
his or her tenure. The CHAMBER hereby warrants and represents to the City that no
officer or employee of the City of Temecula that has participated in the development of
this Agreement or its approval has any interest, whether contractual, non-contractual,
financial or otherwise, in this Agreement, the proceeds thereof, the CHAMBER, or
CHAMBER's sub-contractors for the work to be performed under this
Agreement. CHAMBER further agrees to notify the City in the event that any such
interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
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20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of CHAMBER warrants and represents that he or
she has the authority to execute this Agreement on behalf of the CHAMBER and has the
authority to bind CHAMBER to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
TEMECULA VALLEY CHAMBER OF
COMMERCE
26790 Ynez Court, Suite A
Temecula, CA 92591
(951) 676-5090
By:
Stan Harter
Chairman of the Board
Bv:
Name: Alice Sullivan, IOM
Title: President/CEO
By:
Name: Janet Scott Beck
Title: Secretary
By:
Name: Nancy Austin
Title: Treasurer
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EXHIBIT "A"
SERVICES TO BE PROVIDED
Temecula Valley Chamber of Commerce shall undertake, during the 2009-10 fiscal
year, to carry on promotional activities on behalf of the City of Temecula and to
particularly render the following services:
1. To maintain suitable quarters and employ competent professional
personnel to carry on the promotional activities herein stated.
2. To promptly answer correspondence relative to the local business,
industrial, and residential advantages and opportunities in the City of Temecula, and to
disseminate information by correspondence, newspaper public Agency and personal
contacts favorably advertising such advantages and opportunities.
3. Respond to legislative issues through the Chamber's Southwest
California Legislative Council. Track legislation through the Legislative Advocacy
Policy.
4. Offer meeting space to SCORE representatives to offer counseling
services to newly starting and expanding businesses. Offer meeting space for
counseling from the Small Business Development Department. Offer meeting space to
local non-profit organizations such as Safe Alternatives For Everyone (SAFE), Dorland
Mountain Arts Colony, The Arts Council and Rotary.
5. Develop and execute marketing seminars.
Temecula.
6. To assist potential businesses in opening, expanding and relocating to
7. To promote and invite trade and business meetings and celebrations
whereby outside interests and individuals may become acquainted with the advantages
and opportunities in Temecula.
8. To support the City in all ways possible in the furtherance of the activities
of the City of Temecula.
9. To maintain a public office within the business area of City, easily
accessible and fully equipped for the purpose of disseminating information and
answering correspondence and inquiries regarding the City. Said office shall be open to
the public not less than eight hours a day, except Saturdays, Sundays, and holidays.
Chamber shall employ a full time President/CEO, a portion of whose duties shall be to
promote the welfare and activities of the City of Temecula; its industries, business
activities and opportunities, residential advantages; and other matters of general public
interest.
10. Retention Committee for community businesses to sustain and nurture
existing businesses in Temecula.
11. Produce and update relocation packets for new residents.
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12. Provide demographic information to interested individuals.
13. Organize events to promote goodwill in the City such as the Legislative
Summit, Business Expo, Technology Expo, Candidates Forum, State of the City Event
(20 seats), Annual Awards Gala (20 seats), Chamber Golf Tournament (5 entries) and
Economic Forecast Conference (10 seats).
14. Maintain and update Chamber web site.
15. Update and reprint City Maps. The Chamber shall supply City with a
minimum of 2,000 City Maps for distribution at no cost to City.
16. Provide networking activities to assist women and minority business
owners.
17. The President/CEO of the CHAMBER shall provide to the City Manager
and Assistant City Manager a copy of the activities monthly report submitted to the
CHAMBER Board of Directors. Said report shall be prepared in a format acceptable to
the City and is requested by the second Wednesday of each month.
18. CHAMBER shall provide complete financial statements including a
balance sheet, income statement and budget to actual comparison report of the
CHAMBER. This financial audit of the CHAMBER should
to the City no later than February 27, 2010. The financial
summary report on how funds were expended and used to
and shall include documentation, including but not limited to
and cancelled checks to support the Operations Funding.
be completed and submitted
audit shall provide a general
benefit Temecula residents
, copies of invoices, receipts
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EXHIBIT "B"
PAYMENT RATE AND SCHEDULE
That in consideration of the promotional activities and services performed by the
CHAMBER for the City of Temecula, as set forth in Exhibit "A" hereof, City hereby
agrees to pay CHAMBER, during the term of this Agreement, the sum of One Hundred
Thirty-Six Thousand, Two Hundred Sixty Dollars and No Cents {$136,260} for the fiscal
year 2009-10. The sum of $136,260 for the fiscal year 2009-10, is payable upon receipt
of invoice quarterly beginning on execution of the Agreement.
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ATTACHMENT C
TEMECULA VALLEY CHAMBER OF COMMERCE
SUPPORT INFORMATION
V.
QUESTIONS Application Page 3
Professional Organization
1. Describe your organization, goals, operations, and activities and how it benefits the economic
development of Temecula?
Mission Statement: The mission of the Temecula Valley Chamber of Commerce is to
promote positive economic growth while protecting the environment for all businesses and
by doing so, support the programs which preserve and improve the quality of life for the
entire community.
Core Values: Create a Strong Local Economy; Represent Business with Local
Government; Provide Networking Opportunities; Promote the Community and Influence
Political Action.
Goals, Operations & Activities: The Chamber hired Strategic Marketing Group in January
2008 to prepare a 3-year Strategic Plan. Goals include greater utilization of technology,
influential organization; maximize local consumers and providing businesses a resource in
an effort to better serve its membership; to double its membership by 2011/12. The
Temecula Valley Chamber of Commerce will continue to encourage the growth of existing
member industries and businesses. To assist legitimate firms seeking to relocate to the
Temecula and provide them with exceptional customer service. To serve as a responsible
} representative for all business legislation and to promote legislation that affects the overall
welfare of our members. To serve as an informational resource center for members and the
community at large. Continue to serve as a positive business liaison between the
businesses; city, utilities and other organizations.
On January. 26, 2009 the Chamber met with City staff to discuss increasing business site
visits as a means of enhancing business retention. Chamber CEO will organize site visits
with the Mayor and city staff to local auto dealers. Chamber staff and Ambassadors will
increase both member and non-member site visits to the business community. The Chamber
will utilize advertising opportunities provided on Channel 3 to promote and augment the
Shop.Temecula First campaign.
In this current economic climate, the Chamber is taking a proactive role to. build stronger
community partnerships. The Chamber will work to bring community leaders from various
entities together and encourage open discussions on strategies to improve the local
business community and implement specific action items into our current strategic plan. The
Chamber will continue to work with the City regarding creating a unified message that all
partnering organizations can utilize that highlight all the positive aspects of the area,
fostering both business retention and economic development.
Overall the Chamber has been proactive in revising its budget and cutting expenses, such as
decreasing payroll, eliminating overtime compensation and commission as well as
decreasing operational costs.
1
0 Goals, Operations & Activities, continued
In 2008 the Chamber received over 58,000 phone calls and 40,000 walk-in visitors seeking
information on Temecula and the business community. The Chamber sent out 17,000
mailings and had 150,000 hits on the Chamber's website. In 2008 the Chamber events and
programs grew from 171 to 308, 180% increase.
We believe that the Temecula Valley Chamber of Commerce must continue to assist both
member and non-member businesses and the overall community. Economic Recovery
begins with each of us and we must continue to partner in coordinating positive events and
forums such as:
0
2009 State of the City Address
0
43rd Awards Gala
0
2009 Business & Economic Forecast Conference
0
2009 Legislative Summit
0
2009 Business Expo
o
Networking events
o
Women In Business and Expo
o
(4) SBA Seminars - Lecture Series
o
(12) Business Success Forums - Topics include: Developing Your Marketing Plan;
Employment Law Update; HR Overview for Office Managers & Owners; Secrets to
O
Growing Your Business, "During These Difficult Times"; Marketing vs. Advertising;
"Doing Business with Government", PRception Management, "How to Speak Like a
Leader", Fraud Examination, Winning Customer Service, "Incorporating Your
Business and Compliance"
o
(12) Power Networking Workshops
o
Candidates Forum
o
(5) Partners In Learning
o
(72) Ribbon Cutting and Grand Openings to promote businesses
o
(12) Southwest California Legislative Council
o
Site Visits to Local Business
o .
(6) Sphere of Influence
o
(9) Monthly Networking Mixers
o
(4) Quarterly Networking Luncheons
o
(8) Five-Minute Networking
o
(1) Youth Job and Career Expo
o
(1) Membership Appreciation Night
o
(10) Monthly Breakfast
o
(6) Ambassador Meetings
New Programs and Events:
o
Valley Young Professionals
o
Lobby Spotlight
o
On-line Member Directory
o
Networking Luncheons
o
(12) E-Waste Events
o
Technology Workshop
2
0 55+ Baby Boomer Event
o (12) Friday Morning Coffee
o (12) Restaurant Association Forum Meetings
o (52) Morning Coffee Buzz
o (3) Education for Valley Young Professionals Group
o (3) VYP - Civic
o (12) VYPers (Monthly)
The Chamber provides access to a complete list of members who have the expertise needed
to assist member businesses to manage their financial, organizational and marketing issues.
In addition, the Chamber's CEO assisted the City with site visits to businesses throughout
the year. The Chamber's CEO is the liaison between the City/Utility companies and the
business community on specific issues facing the business. .
2. Does your organization submit to Staff the required information, monthly reports, financials,
etc. on time?
Yes
3. Explain how your organization has worked well with the community to achieve your goals?
o Assisting the business community is one of the premier goals of the Temecula Valley
J Chamber of Commerce. The Chamber has partnered with the Small Business
Development Center to offer business counseling services twice monthly. The SBDC
also provides quarterly Small Business Training Workshops, offering detailed
information on key business issues such as employer taxes, opportunities for doing
business with the Government and SBA loans. In 2008 the SBDC has provided 72
one-on-one counseling sessions and topic-based seminars to over 92 business
owners and potential entrepreneurs. The TVCC provides meeting space to SCORE
representatives who offer weekly counseling services at no charge to individuals,
assisting them to start, grow, and manage their businesses. In 2008 SCORE
representatives counseled 123 potential entrepreneurs.
o The Temecula Valley Chamber of Commerce, as a founder and partner in the
Southwest California Legislative Council, a regional coalition, strives to take a
proactive role in legislative issues of importance to our members and the residents of
Temecula. The Southwest California Legislative Council established a regional
advocacy-based website which is available to members, which tracks and publishes
information on pertinent legislation that may impact the economic viability of the
region. The Temecula Valley, Munieta and Lake Elsinore Valley Chambers tracked
32 potential new laws in 2008 that may have impacted the Temecula Valley business
region. Over 40 different letters were sent to local state legislators, the governor and
other stakeholders of legislators that would and have impact on the Temecula Valley.
The SWCLC increased their working relationship and doubled their efforts in terms of
i the issues that were tracked with our state legislators this past year. In 2008, all
area legislators voted with the SWCLC 100% of the time, a major accomplishment in
representing the interests of Temecula businesses with government. We are
currently working with Menifee and Wildomar Chamber to have them join the council
in 2009. SWCLC executive directors will make additional trips to Sacramento to
advocate business friendly legislation.
In addition, the Temecula Valley Chamber of Commerce provides meeting space to many
local non-profit organizations such as SAFE, Dorland Mountain Arts Colony, Susan G.
Komen, The Arts Council, Rotary, and Partners in Education. As well as meeting space is
also provided to small and large business to utilize our conference room space. SBDC and
SCORE for counseling sessions and quarterly special topic events are provided at no charge
to the business community.
4. Please describe your financial reporting?
The TVCC operates on a modified cash basis. An independent accounting firm compiles our
financial information and provides statements of financial position and activity to the Board
of Directors for their review on a monthly basis. The Chamber's financial statements are
audited on an annual basis. The financial statements for 2006/07 were audited, providing a
standard clean opinion with no internal control weaknesses. An audit of the financials for
2007/08 is currently in process.
5. If your organization received City of Temecula funding in the previous year, please provide a
brief recap of the organization's accomplishments. Are there any notable operations and/or
~J program changes? If so, please explain.
o
The Chamber continues to offer the community a job link page which has beer
added to assist employers and potential job seekers. In 2008, 181,800 pages were
viewed on the Chamber website.
o
Offering members additional opportunities to meet and network with other
businesses has been a key focus of the TVCC in 2007. In addition to the monthly
mixers, networking breakfasts, networking luncheons and ambassador socials, the
Chamber offers monthly 5-Minute Networking events.
o
The Valley Young Professionals is a new group that works to create support,
resources and energy around professional development of young business members
,
paired with community involvement. Monthly networking events are scheduled
specific to this group.
o
Women In Business event was held to offer women a great resource for balancing
work and life. Over 150 women attended this informative event. Speakers included
Councilmember Maryann Edwards; Pamela Volt, Volt Management; Jodi Smalls,
Abbott Vascular; and Leah Di Bernardo, of Delytes as the moderator.
o
Spreading the word about the TVCC's programs was vastly increased in 2008
through multiple media partnerships. Chamber events and programs were promoted
in The Californian, The Valley Business Journal, KFRG radio, Valley News, The Press-
Enterprise, Driven Media, Money Mailer, Only 2 degrees radio show and 94.5 radio.
o
Through membership in the TVCC, members can receive significant discounts on
office products through our partnership with Office Depot. Additional discounts are
offered by Sherwin Williams and FedEx. In 2008 we brought in an additional affinity
"
'
program with
Smart Card
, a local discount program for the entire community and
encouraging the Shop Temecula First program.
o
The Partners In Education increased their efforts to partner with members of the
TVUSD and the business community. The Partners In Education works to coordinate
with the TVUSD to ensure that all students leave school with the academic, technical
and employability skills necessary to be successful in the 21st century workplace.
Carol Leighty, TVUSD Superintendent attended this year's TVCC Planning Conference
to discuss future partnerships between the TVUSD and the business community.
o
The TVCC continues to assist with the implementation of the Student of the Month
and Student of the Year programs, recognizing the achievements of deserving
students. Chamber staff coordinates the program with schools to collect each
month's recipients and dates, sends out monthly reminders to schools sites, creates
the monthly printed program for the events, creates and scores and delivers the
Student of the Year applications and staff prepares the press packets for the event.
o
In 2008 over 15,000 unique visitors logged on to the SWCLC's website,
www.SouthwestCA.biz. 2,500 members within the Southwest California area received
E-Alerts regarding legislative issues of key importance to businesses in the area,
urging them to take action regarding, pending legislation. The SWCLC is diligent in
creating partnerships with various groups and coalitions in an effort to strengthen
our position and ultimately expand the credibility of the coalition.
o
At the 2008 Legislative Summit panelists participated in addressing areas of interest
to include speakers from sectors of Education, American Petroleum, Riverside District
E°l
Attorney Office, Water District, and Legislative Analyst for the State of California.
Over 250 guests attended the Summit event this past year.
o
Over 405 business members gathered for the 2008 Business and Economic Outlook
event, at which time economist John Husing presented the indicators of local
economic performance, including demographics, market data, industrial structure
and residential and commercial real estate activity. In 2008, the regions' City
Managers gave a presentation on their respective Cities of Temecula, Murrieta and
Lake Elsinore.
o
In 2008 nearly 400 guests attended the State of the City address, which highlights
the City's accomplishments and vision for the future. The City and TVCC staff
continually strives to enhance our attendees' experience by consistently improving
on the production elements included in this event. Mayor Naggar presented a very
informative and successful event.
o
The TVCC Business Development Resource Committee partnered with Friends of the
Temecula Library creating the Partners In Learning program to assist in raising
monies for the purchase of business related books to fill the shelves of the new
library. We will work to increase this program in 2009.
o
TVCC Newsletter -1,400 copies of Temecula Today newsletter are distributed to the
business membership, city and legislative officials. The publication contains relevant
labor law changes, business issues and we will be adding an "Ask the Expert" section
this year. The TVCC provides the City a full-page, highlighting programs and other
pertinent community information.
o
Expanding our methods of communication, members receive weekly e-mail calendars
informing them of upcoming programs and events. The TVCC continues to provide a
monthly E-commerce Newsletter to TVCC members and a weekly events calendar.
5
J This newsletter has been very successful at keeping the membership up-to-date on
current issues and programs.
o Power Networking Workshops are held monthly, which offers members the
opportunity to learn and master the art of networking.
o The TVCC staff will again coordinate two Chamber Trips to China, allowing 50 +
travelers the opportunity to tour Beijing and Shanghai as well as attend a Business
Partners Dinner for a unique opportunity to meet with other business leaders in
China. In 2008 Citslinc International donated a Terra Cotta Warrior to the City of
Temecula, which was placed at the Temecula Library.
( } 11 6
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Temecula Valley Chamber of Commerce
Statement of Financial Position - Cash Basis
June 30, 2009
ASSETS
Current Assets
Checking - Pacific Western 2172715
$ 13,723.01
Money market - Pacific Western 2541281
40,030.63
Money market - California Bank & Trust
61,674.94
Money market - San Diego National Bank
100,000.00
Economic Uncertainty Fund - Pacific Western Checking 128057
12,593.66
Economic Uncertainty Fund - Pacific Western Cert. of Deposit
88,319.72
Economic Uncertainty Fund - Mission Oaks Bank
45,895.50
Petty Cash
200.00
Total Current Assets
Property and Equipment, net of accumulated
depreciation and amortization (as of October 1, 2008)
Other Assets
Deposits
Total Assets
LIABILITIES AND NET ASSETS
Long-Term Liabilities
Note payable - 1st Centennial (as of October 1, 2008)
$ 766,551.57
Total Long-Term Liabilities
Total Liabilities
Net Assets - Unrestricted
Beginning balance
663,362.29
Net income (loss)
(445.73)
Funds released from restriction
11,880.00
Net Assets - Unrestricted
Net Assets - Restricted for China & Italy Trips
Beginning balance 2,800.00
Net income (loss) 15,158.00
Fund released from restriction (11,880.00)
Net Assets - Restricted
Total Net Assets
Total Liabilities and Net Assets
$ 362,437.46
1,084,538.67
450.00
$ 1,447,426.13
$ 766,551.57
766,551.57
674,796.56
6,078.00
680,874.56
$ 1,447,426.13
ATTACHMENT B
CITY/TEMECULA VALLEY CHAMBER OF COMMERCE
OPERATING AGREEMENT
ITEM NO. 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn Nelson, City Manager
DATE: August 25, 2009
SUBJECT: Approval of Temecula Valley Convention & Visitors Bureau FY2009-10
Marketing Agreement
PREPARED BY: Gloria Wolnick, Economic Development Specialist II
RECOMMENDATION: That the City Council approve the Marketing Agreement which
provides City Marketing Funding Support of $108,000 to the Temecula Valley Convention & Visitors
Bureau (CONVIS).
BACKGROUND: The Temecula Valley CONVIS is committed to build strong advertising
and marketing programs to "Brand Temecula" as a premier year-round resort and business
destination by stimulating economic growth and tourism to our region through developing,
expanding, and marketing our destination to conventions, meetings, and the leisure travel markets.
Their new branding campaign, Southern California Wine Country, continues to build destination
awareness for Temecula.
The City Marketing Funding of $108,000 will provide funding for advertising (printed marketing and
media), familiarization (FAM) tours/site visits and trade show participation for the Leisure Travel
Market.
The Economic Development Subcommittee of the City Council (Council Members Roberts and
Washington), and staff met to discuss the Economic Development funding requests on February 25,
2009. The subcommittee has recommended approval of this amount and the City Council
subsequently approved this funding in the FY2009/10 Operating Budget.
A sampling of the marketing and sales highlights for Fiscal Year 2008 - 2009 include the following:
FY 2008-09 Marketing Highlights
• CONVIS implemented a comprehensive Marketing and Advertising Media Buy Plan with
over $450,000 strategically resourced in media outlets covering: magazines, newspapers,
meetings segment, signature local event marketing, trade shows, local events, Highway
Billboard on 1-91 Freeway and Fashion Valley Mall banners.
• CONVIS generated more than $56,200 in accommodation revenue and attraction tickets
through its online booking engine.
• Generated more than 40,000 visitor inquiries through phone-in, walk-in, email and website
sources.
• Generated over $1.8 million in in-kind press editorials and publications.
• Initiated 6 Market-Specific Programs to promote local events and 4 Coupon Programs to
encourage visitation.
• Attracted over 154,920 users to the Bureau's web site.
• Produced 60,000 Temecula Valley Visitor Guides which were distributed to visitor inquiries,
meeting planners, media, local hotels, motels and community businesses.
• Produced 20,000 Meeting Planner Guides distributed to meeting and event planners.
• Launched new Brand Development Campaign to key tourism stakeholders, members and
the community for regional brand positioning.
FY 2008-09 Sales Highlights
• Attended 11 market-diverse Trade Shows promoting the Temecula Valley to thousands of
meeting planners, leisure travelers, travel professionals, media and journalists.
• Processed 51 Sales and Catering Leads for a total of 10,268 potential room night
opportunities.
• Created strategic sales and marketing campaign to over 1,000 meeting planners via e-mail
blasts, postcard mailers, meeting planner guide kits and phone solicitation promoting the
Temecula Valley as a unique meeting and event destination.
• Mailed over 2,500 postcards to various Temecula festival attendees encouraging them to
book overnight stays at the TID Hotels and Pechanga.
• Sales Task Force created the Temecula Valley Escape Pass featuring discount coupons for
Wine Country, Pechanga, Old Town, Transportation, Golf and Hot Air Balloon companies.
Over 1,000 passes were distributed to hotel guests upon check-in at TID lodging facilities.
A copy of the comprehensive Temecula Valley Convention & Visitors Bureau 2009 Annual Report:
Budget and Marketing Plan is available for review in the City Manager's office.
FISCAL IMPACT: Adequate funds for the Temecula Valley Convention & Visitors Bureau
marketing funding have been included in the FY2009-10 Operating Budget (Economic Development
line item, account #001-11-999-5264) for the recommended sponsorship amount of $108,000.
ATTACHMENTS: FY 2009-10 City/CONVIS Marketing Agreement
CAProgram Files\Neevia.Com\Document Converter\temp\938733.doc
MARKETING AGREEMENT BETWEEN
THE CITY OF TEMECULA
AND
TEMECULA VALLEY CONVENTION & VISITORS BUREAU
This Agreement is made and effective as of this 25th day of August, 2009 , by
and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY
CONVENTION & VISITORS BUREAU ("TVCVB"), a California nonprofit corporation. In
consideration of the mutual covenants, conditions and undertakings set forth herein, the
parties agree as follows:
1. RECITALS. This Agreement is made with respect to the following facts
and purposes which each of the parties acknowledge and agree are true and correct:
A. The City is desirous of promoting its advantages as a business,
industrial, tourist and resident center; disseminating information relative thereto, and of
properly following up and giving consideration to inquiries made relative to the various
activities of City of Temecula ("City) and its possibilities as such to residential, industrial,
tourist and business interests.
B. The TVCVB has special knowledge, experience and facilities for
disseminating tourist information; and is organized for and equipped to carry on
promotional activities on behalf of City; and to publicize and exploit its tourism
advantages.
C. Such tourism activities are recognized by law as being in the
public interest and serving public purpose.
2. TERM. This Agreement shall commence on August 25, 2009, and shall
remain and continue in effect until tasks described herein are completed, but in no event
later than June 30, 2010, unless sooner terminated pursuant to the provisions of this
Agreement.
3. SERVICES. TVCVB shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
TVCVB shall complete the tasks according to the schedule of performance which is also
set forth in Exhibit A.
4. PERFORMANCE. TVCVB shall at all time faithfully, competently and
to the best of his or her ability, experience, and talent, perform all tasks described
herein. TVCVB shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services as are required of TVCVB
hereunder in meeting its obligations under this Agreement.
5. PAYMENT.
a. The City agrees to pay TVCVB in two equal payments, in
accordance with the payment rate and term 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 spend on the services. Any
terms in Exhibit B other than the payment rate and schedule of payment are null and
void. This amount shall not exceed One Hundred Eight Thousand Dollars and No Cents
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($108,000) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
b. TVCVB 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. TVCVB shall be compensated for any additional services in the
amounts and in the manner as agreed to by City Manager and TVCVB at the time City's
written authorization is given to TVCVB for the performance of said services.
In the event the City should desire any additional service, TVCVB shall, upon request of
City, furnish a proposal including an itemized statement of the estimated cost thereof,
and the City may modify or alter the proposal in its sole discretion or may direct the
submission of a new proposal which may be accepted, altered or rejected. Upon the
final approval of any such proposal and execution thereof, by the City and the TVCVB,
as herein provided, the City will pay to TVCVB the cost thereof, and the TVCVB shall
perform the work. All money due for carrying out said plan or proposal shall be
supported by a detailed statement of TVCVB showing the basis of said claims, and
certified by proper officers of TVCVB. TVCB shall not be entitled to receive any
compensation for the normal services or expenses.
C. TVCVB will submit two separate invoices for actual services
performed. Payment shall be made within thirty (30) days of receipt of the invoice.
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
TVCVB 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 TVCVB 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 TVCVB will submit an invoice to the City
pursuant to Section 5.
7. DEFAULT OF CONSULTANT.
a. The TVCVB's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that TVCVB is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to continue
compensating TVCVB for any work performed after the date of default and can terminate
this Agreement immediately by written notice to the TVCVB. If such failure by the
TVCVB to make progress in the performance of work hereunder arises out of causes
beyond the TVCVB's control, and without fault or negligence of the TVCVB, it shall not
be considered a default.
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b. If the City Manager or his delegate determines that the TVCVB is
in default in the performance of any of the terms or conditions of this Agreement, it shall
serve the TVCVB with written notice of the default. The TVCVB 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 TVCVB 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. TVCVB 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. TVCVB 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. TVCVB shall
provide free access to the representatives of City or its designees at reasonable times to
such books and records, shall give City the right to examine and audit said books and
records, shall permit City to make transcripts there from as necessary, and shall allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for
a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension
of this Agreement, all original documents, designs, drawings, maps, models, computer
files containing data generated for the work, surveys, notes, and other documents
prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the TVCVB. With respect to
computer files containing data generated for the work, TVCVB shall make available to
the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer
files.
9. INDEMNIFICATION. The TVCVB agrees to defend, indemnify, protect
and hold harmless the City, District, and/or Agency, its officers, officials, employees and
volunteers from and against any and all claims, demands, losses, defense costs or
expenses, including attorney fees and expert witness fees, or liability of any kind or
nature which the City, District and/or Agency, its officers, agents, employees or
volunteers may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damage to property arising out of TVCVB'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. TVCVB 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 TVCVB, its agents, representatives, or employees.
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broad as:
a. Minimum Scope of Insurance. Coverage shall be at least 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 TVCVB 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 TVCVB has no employees while
performing under this Agreement, worker's compensation insurance is not required,
but TVCVB shall execute a declaration that it has no employees.
than:
b. Minimum Limits of Insurance. TVCVB 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) Worker's Compensation as required by the State of
California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily
injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager. At the option
of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees and volunteers;
or the TVCVB 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 TVCVB; products and completed operations of the TVCVB; premises
owned, occupied or used by the TVCVB; or automobiles owned, leased, hired or
borrowed by the TVCVB. 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 TVCVB's insurance
coverage shall be primary insurance as respects the City, its officers, officials,
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employees and volunteers. Any insurance or self-insured maintained by the City, its
officers, officials, employees or volunteers shall be excess of the TVCVB'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 TVCVB'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 TVCVB 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'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. TVCVB 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 TVCVB'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. TVCVB 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 TVCVB shall at all times be under TVCVB's exclusive direction and control.
Neither City nor any of its officers, employees, agents, or volunteers shall have control
over the conduct of TVCVB or any of TVCVB's officers, employees, or agents except as
set forth in this Agreement. TVCVB 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. TVCVB 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 TVCVB in connection with
the performance of this Agreement. Except for the fees paid to TVCVB as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to TVCVB for
performing services hereunder for City. City shall not be liable for compensation or
C:\Program FilesWeevia.Com\Document Converter\temp`1938733.doe 6
indemnification to TVCVB for injury or sickness arising out of performing services
hereunder.
12. LEGAL RESPONSIBILITIES. The TVCVB 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 TVCVB 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 TVCVB to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by TVCVB in performance of this Agreement
shall be considered confidential and shall not be released by TVCVB without City's prior
written authorization. TVCVB, 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 TVCVB gives
City notice of such court order or subpoena.
b. TVCVB shall promptly notify City should TVCVB, 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
TVCVB and/or be present at any deposition, hearing or similar proceeding. TVCVB
agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by TVCVB. 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.
To City via U.S. Mail:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
To City via Courier Service:
43200 Business Park Drive
Temecula, California 92590
Attention: Shawn Nelson, City Manager
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To Consultant: Temecula Valley Convention & Visitors
Bureau
26790 Ynez Court, Suite B
Temecula, CA 92599
(959) 491-6085
Attention: Kimberly Adams,
President/CEO
15. ASSIGNMENT. The TVCVB 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, TVCVB'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
TVCVB.
16. LICENSES. At all times during the term of this Agreement, TVCVB 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 TVCVB 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. 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 that has
participated in the development of this Agreement or its approval shall have any financial
interest, direct or indirect, in this Agreement, the proceeds thereof, the TVCVB, or
TVCVB's sub-contractors for the work to be performed under this Agreement, during his
or her tenure. The TVCVB hereby warrants and represents to the City that no officer or
employee of the City of Temecula that has participated in the development of this
Agreement or its approval has any interest, whether contractual, non-contractual,
financial or otherwise, in this Agreement, the proceeds thereof, the TVCVB, or TVCVB's
sub-contractors for the work to be performed under this Agreement. TVCVB further
agrees to notify the City in the event that any such interest is discovered whether or not
such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of TVCVB warrants and represents that he or she
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has the authority to execute this Agreement on behalf of the TVCVB and has the
authority to bind TVCVB to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
TEMECULA VALLEY CONVENTION &
VISITORS BUREAU
26790 Ynez Court, Suite B
Temecula, CA 92591
(951) 491-6085
By:
Denis Ferguson
Chairman of the Board
Bv:
Name: Kimberly Adams
Title: President/CEO
By:
Name: Terri Delhamer
Title: Secretary
Bv:
Name: Katherine Bailey
Title: Treasurer
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EXHIBIT "A"
SERVICES TO BE PROVIDED
Temecula Valley Convention & Visitors Bureau shall undertake, during the 2009-10
fiscal year, to carry on marketing/advertising promotional activities for the Leisure
Travel Market on behalf of City and to particularly render the following services:
1. To maintain suitable quarters and employ competent professional
personnel to carry on the promotional activities herein stated.
2. To promptly answer correspondence relative to the local tourist industry,
tourist advantages and opportunities in the City of Temecula, and to disseminate
tourist information by correspondence, newspaper public Agency and personal
contacts favorably advertising such advantages and opportunities.
3. Participate in tourism trade shows focusing on the leisure markets.
4. Reprint tourism rack brochure and distribute through rack service. The
TVCVB shall supply City with rack brochures to include in City's business attraction
efforts at no cost to City.
5. Develop and support FAM (Familiarization) Tours for media, meeting
planners, tour and trade.
6. Pursue media co-operative advertising buys with other area organizations
and tourism businesses such as San Diego CONVIS, Orange County CONVIS, and the
Temecula Valley Winegrowers Association to leverage Temecula's advertising budget.
7. Place advertising in tourism industry trade publications, guide books,
magazines and special selections, billboard and internet.
partners.
8. Respond to travel visitor inquiries through travel publications and CVB
9. Update and reprint the visitor guide that represents all of the tourism
aspects of Temecula. The guide includes a special section for Old Town Temecula.
The TVCVB shall supply City with guides to include in City's business attraction efforts at
no cost to City.
10. Prepare quarterly calendar of events and distribute to media.
11. To maintain a public office within the business area of City, easily
accessible and fully equipped for the purpose of disseminating information and
answering correspondence and inquiries regarding the City. Said office shall be open to
the public not less than eight hours a day, except Saturdays, Sundays, and holidays.
TVCVB shall employ a full time Executive Director, a portion of whose duties shall be to
promote the welfare and activities of the City of Temecula; its tourist industries, tourist
activities and opportunities.
12. Maintain and update TVCVB web site.
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13. Update and reprint Temecula CD. The TVCVB shall supply City with CDs
to include in City's business attraction efforts at no cost to City.
14. Maintain press kits and provide during familiarization tours and as
handout to media.
15. The President & CEO of the TVCVB shall provide to the City Manager
and Assistant City Manager a copy of the monthly written report that is submitted to the
TVCVB Board of Directors showing actual expenditures under each budget heading,
together with a comparison against budget and commentaries on significant variances.
The President & CEO of the TVCVB shall also provide to the City Manager and
Assistant City Manager a copy of the activities monthly report submitted to the TVCVB
Board of Directors. Said reports are requested by the second Wednesday of each
month.
16. TVCVB shall provide complete financial statements including a balance
sheet, income statement and budget to actual comparison report of the TVCVB. This
financial audit of the TVCVB should be completed and submitted to the City no later than
December 1, 2009. The financial audit shall provide a general summary report on how
funds were expended and used to benefit Temecula residents and shall include
documentation, including but not limited to, copies of invoices, receipts and cancelled
checks to support the Marketing Funding.
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EXHIBIT "B"
PAYMENT RATE AND SCHEDULE
That in consideration of the marketing/advertising promotional services for the
Leisure Travel Market to be performed by the TVCVB for City, as set forth in Exhibit "A"
hereof, City hereby agrees to pay TVCVB the sum of One Hundred Eight Thousand
Dollars and No Cents ($108,000) for the fiscal year 2009-10. The City hereby agrees to
pay TVCVB in two equal payments, during the term of this Agreement. The first
installment payable within 30 days of City Council approval of contract and the second
installment payable 6 months after City Council approval.
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ATTACHMENT C
TEMECULA VALLEY CONVENTION AND VISITOR'S BUREAU
FY 2009 - 2010 MARKETING TOURISM BUDGET AND PROGRAM
SOUTHERN CALI TPNIA/ ~J
WINE COUNTRY ,U
Temecula Valley Convention and Visitors Bureau
January 28, 2009
Shawn Nelson
City Manager
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Re: Economic Development Funding Application
for the Temecula Valley Convention & Visitors Bureau
Dear Shawn,
Attached is the 2009-2010 Temecula Valley Convention & Visitors Bureau
application for Economic Development Funding. This budget reflects the overall
Bureau funding including the Tourism Improvement District, proposed City
Marketing Funding and revenue from our private sponsors, fundraisers and
membership.
The Temecula Valley Convention & Visitors Bureau is committed to build strong
Advertising and Marketing programs to "Brand Temecula" as a premier year-round resort
and business destination by simulating economic growth and tourism to our region
through Developing, Expanding, and Marketing our destination to Conventions,
Meetings, and the Leisure Travel Markets. Our 2009-2010 Budget demonstrates our
goals and partnerships in Building our Brand.
On behalf of our Board of Directors and Membership the Convention & Visitors Bureau
wishes to thank you for your support and partnership.
Sin erely,
Kim erly Ahai is
President/CEO
26790 ynez ct • suite b • temecula ca 92591 951.491.6085 888.3632852 fax 951.491.6o89 temeculacvb.com
SOUTHERN CALIF _
ORNIA
IA ~J
WINE COUNTRY 'V
Temecula Valley Convention and Visitors Bureau
Temecula Valley
Convention & Visitors Bureau
2009- 2010 City Marketing Tourism
July 1, 2009-June 30, 2010
Tourism Rack Brochure
Trade Show
FAM Tours
Ad Design/Out of Film
Advertising
Co-op Advertising
$29,000
$ 8,000
$ 3,000
$ 5,000
$24,500
$10,000
Rack Service
CD Rom
Online marketing
Co-op Advertising Billboard
Total Tourism
$11,500
$ 4,000
$ 3,000
$ 10,000
$108,000
For the 2008-2009 Budget Period the Temecula Valley
Convention & Visitors will maintain the programs developed by
the City of Temecula.
Tourism Rack Brochures Expense $29,000
1. Reprint tourism rack brochures for Temecula
2. Distribute brochure through rack service in SD, Orange County, LA
County and Palm Springs. Hand out at Trade Show and in Temecula
CVB Press Kits -4
Trade Show
Expense $ 8,000
1. Participate in tourism trade shows focusing on the leisure markets
2. Efforts will be made in the San Diego and LA Markets (attend LA and SD
Travel :Show)
FAM Tours Expense $ 3,000
1. Develop and support FAM tours for Media, Meeting Planners, Tour and
Trade.
2. Partner with the community to establish itinerary for hotels, restaurants,
wineries, golf, ballooning and old town
Ad Design/Out of Film Expense $ 5,000
1. Re-Design City ads to meet layout specifications
Advertising Expense $24,500 Co-op Advertising Expense $10,000
1. Pursue media co-operative advertising buys with other area organization
and tourism business, San Diego Convis, Orange County Convis, Inland
Empire, and the Temecula Valley Wine Growers Association to leverage
"Temecula's advertising budget
2. Place ads in tourism industry trade publications, guide books, magazines
and special selections, and internet
Rack Service Expense $11,500
1. Rack service distribution through San Diego and Orange Counties, Palm
Springs, San Diego Corporate and Phoenix, AZ Corporate. Position
Temecula with the Temecula Valley Winegrowers rack brochure in
designated areas
CD Rom Expense $ 4,000
1. Update and reprint current Temecula CID
Online marketing Expense $3,000
1. Event, hotel and airline packaging
Co-op Advertising Billboard Expense $ 10,000
1. Event, hotel market
Total Tourism Marketing $108,000
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ATTACHMENT D
TEMECULA VALLEY CONVENTION AND VISITOR'S BUREAU
FY 2009 - 2010 STATEMENT OF FINANCIAL POSITION
I [ Ym'j~ r ~S i
M t F Aw 0.~,~ \ ~
J4
s}~~
TEMECULA VALLEY
CONVENTION & VISITORS' BUREAU
' Compiled Financial Statements
For the Ten Month Period Ending
December 31, 2008
±0)
Y
To the Board of Directors
Temecula Valley Convention & Visitors Bureau
Temecula, California
A Professional
We have compiled the accompanying Statement of Financial Position
. Accountancy Corporation
of the Temecula Valley Convention & Visitors Bureau as of December
31, 2008, and the related statements of activity and cash flows for the
ten month period then ended, in accordance with Statements on
i
Standards for Accounting and Review Services issued by the
■
American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial
statements information that is the representation of the management.
We have not audited or reviewed the accompanying financial
statements and, accordingly, do not express an opinion or any other
Jeff Nigro, CPA
form of assurance on them.
Elizabeth Nigro, CPA
The management has elected to omit substantially all of the disclosures
Ciirl* White, CPA
required by generally accepted accounting principles. If the omitted
disclosures were included in the financial statements, they might
MURRIETA OFFICE
influence the user's conclusions about the Organization's financial
Pli: 951.6911.117111
'
position, results of operations, and cash flows. Accordingly, these
-
FAX: 951.699.1064
financial statements are not designed for those who are not informed
25090 Jefferson Avenue
I
about such matters.
Mucrieta, CA 92562
The supplementary information consists of a comparison of the annual
' SAN DIEGO OFFICE
budgeted amounts to the actual amounts for the ten month period then
PH: 619.270.8222,
ended. We have compiled the supplementary information from
FAX: 619,260,90115
information that is the representation of management of the Temecula
2727 Camino Del Rio S.
Suite 219
Valley Convention & Visitors Bureau without audit or review.
San Diego, CA 9z1os
Accordingly, we do not express an opinion. or any other form of
assurance on the supplementary information.
MEMBERS OF We are not independent with respect to the Temecula Valley
I • American Institute of CPAs
• California Society of CPAs Convention and Visitors Bureau.
• California Association of
S;rZ
chool Business officials
• Community Associations U71 - _
Institute January 15, 2009
Murrieta, California
WEBSITE - -
w .nnwcpa.cwm
I Licensed by tfle9alifornia
'Ward.of Accountancy
I u 1
TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU
Statement of Financial Position
December 31, 2008
ASSETS
Cash
Cash On Hand - Store $
600
General Checking Account
71,316
General Money Market
42,694
TID Checking
14,671
Restricted - Money Market
2,564
Total Cash
$
131,845
Accounts Receivable - TID
85,000
Inventory
5,949
Property and Equipment
Furniture & Fixtures
7,881
Equipment
4,183
Less Accumulated Depreciation
(4,024)
Net Property and Equipment
8,040
TOTAL ASSETS
$
230,834
LIABILITIES AND NET ASSETS
LIABILITIES
Payroll Taxes Payable (553)
Retirement Plan Payable 6,966
TOTAL LIABILITIES 6,413
NET ASSETS
Unrestricted 127,754
Temporarily Restricted 96,667
TOTAL NET ASSETS 224.421
TOTAL LIABILITIES AND NET ASSETS $ 230,834
See accompanying accountants' report.
-2-
i
TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU
Statement of Activities
For the Ten Month Period Ending December 31, 2008
Temporarily
'
Unrestricted
Restricted
Total
REVENUES, GAINS, AND OTHER SUPPORT
TID Funding
$
$ 489,721
$ 489,721
' Other Public Funding
91,480
91,480
City Marketing Grant
=
Contributions
225,000
-
225,000
Program Service Revenues
I
Website Advertising
13,870
13,870
Membership Dues
3,850
-
3,850
Merchandise Sales
7,001
-
7,001
Publication Sales
6,695
6,695
Interest Income
674
-
674
Net Assets Released From Restrictions:
I Grant Restrictions Satisfied
484,534
(484,534)
0
TOTAL REVENUES, GAINS, AND OTHER SUPPORT
741,624
96,667
838,291
EXPENSES
'
Cost of Merchandise Sold
3,540
3,540
Program Services
I
Advertising-Printed Marketing
314,723
314,723
Marketing Personnel Costs
96,261
-
96,261
Advertising-Website
13,659
-
13,659
Travel & Entertainment
9,138
9,138
Advertising-Media
6,533
-
6,533
Trade Show Participation
6,584
-
6,584
Dues & Subscriptions
4,225
-
4,225
Event Hosting-Local Community
4,861
4,861
Event Hosting-Industry Sales
4,622
-
4,622
Promotional Items
2,994
-
2,994
FAM Tours / Site Visits
1,243
1,243
Operational
Personnel Costs
161,677
-
161,677
Rent
44,841
44,841
Professional Fees
29,288
-
29,288
Insurance
10,777
-
10,777
Telephone
7,703
7,703
Printing
4,566
-
4,566
Credit Card Processing
4,965
-
4,965
Office Supplies
3,099
-
3,099
TOTAL EXPENSES
735,300
-
735,300
CHANGE IN NET ASSETS
6,324
96,667
102,991
NET ASSETS AT BEGINNING OF YEAR
118,716
-
118,716
ADJUSTMENT FOR RESTATEMENT
2,714
-
2,714
NET ASSETS AT BEGINNING OF YEAR, AS RESTATED
121,430
-
121,430
NET ASSETS AT DECEMBER 31, 2008
$ 127,754
$ 96,667
$ 224,421
See accompanying accoun
tants' report.
-3-
TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU
Statement of Cash Flows
For The Ten Month Period Ending December 31, 2008
CASH FLOWS FROM OPERATING ACTIVITIES
Increase in Net Assets
Adjustments to reconcile change in net assets
to net cash used by operating activities:
(Increase) decrease in operating assets:
Accounts Receivable
Prepaid Expense
Inventory
Increase (decrease) in operating liabilities:
Accounts Payable - Vendors
Payroll Taxes Payable
Deferred Revenue
Retirement Plan Payable
NET CASH PROVIDED BY OPERATING AC HVITIES
NET INCREASE IN CASH
BEGINNING CASH
ENDING CASH
$ 102,991
4,675
629
1,481
(58,617)
(756)
(31,480)
4,208
23,131
23,131
108,715
$ 131,845
See accompanying accountants' report.
-4-
Supplementary Information
Temecula Valley Convention & Visitors' Bureau
Budget to Actual Report
For The Ten Month Period Ending December 31, 2008
General Fund
Annual Budget $ Over/(Under) Budget
Income
Advertising - Website
Funding
Investment Revenue
Membership Dues
Sales-Publications
Merchandise Sales
Total Income
Expense
Cost of Goods Sold
Advertising - Printed Marketing
Advertising-Website
Bank Fees / Credit Card Processing
Contract Labor
Dues & Subscriptions
Event Hosting, Industry Sales
Event Hosting, Local Community
Insurance
Office Supplies
Personnel Costs -Operational
Professional Fees
Promotional Items
Rent
Telecommunications
Travel & Entertainment
13,870
15,600
(1,730)
225,000
300,000
(75,000)
674
-
674
3,850
12,000
(8,150)
6,695
20,000
(13,305)
7,001
12,000
(4,999)
257,090
359,600
(102,510)
3,540
-
3,540
68,405
118,954
(50,549)
7,545
8,070
(525)
3,628
-
3,628
3,251
-
3,251
1,355
930
425
4,622
3,200
1,422
4,861
4,100
761
6,934
3,368
3,566
1,104
20,500
(19,396)
104,832
159,178
(54,346)
9,175
1,800
7,375
471
2,500
(2,029)
22,003
26,400
(4,397)
7,346
7,350
(4)
1,695
3,250
(1,555)
Total Expense 250,766 359,600 (108,834)
Net Income 6,323 - 6,323
Cost of Goods Sold: Budget Includes all purchases (purchases sold and purchases in inventory)
The inventory remaining at 12131108 is $ 5,949.
Due from TID Fund $20,000
This was a short term transfer necessary for cash flow purposes to cover TID expenses while waiting for
accounts receivable to be collected.
See Accompanying Accountants' Report
Temecula Valley Convention & Visitors' Bureau
Budget to Actual Report
For The Ten Month Period Ending December 31, 2008
TID Fund
Income
Funding
Interest Revenue
Total Income
Expense
Advertising / Marketing
Operational
Total Expense
Net Income
Actual Thru 12/31/08 Annual Budget
489,721
578,000
(88,279)
-
6,000
(6,000)
489,721
584,000
(94,279)
300,658
447,000
(146,342)
111,896
137,000
(25,104)
412,554
584,000
(171,446)
77,167
77,167
Due to General Fund $20,000
This was a short term transfer necessary for cash flow purposes to cover TID expenses while waiting for
accounts receivable to be collected.
See Accompanying Accountants' Report
Temecula Valley Convention & Visitors' Bureau
Budget to Actual Report
For The Ten Month Period Ending December 31, 2008
City Marketing Fund
Income
City Funding
Total Income
Expense
Advertising / Marketing
Total Expense
Net Income
Actual Thru 12131/08 Annual Budget $ Over/(Under) Budget
91,480 120,000 (28,520)
91,480 120,000 (28,520)
71,980 120,000 (48,020)
71,980 120,000 (48,020)
19,500 19,500
See Accompanying Accountants' Report
ITEM NO. 7
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Aaron Adams, Assistant City Manager
DATE: August 25, 2009
SUBJECT: Memorandum of Understanding Between California State University San
Marcos, Temecula Valley Unified School District, the City of Temecula and the
Temecula Valley Chamber of Commerce - CSUSM Enrollment Advantage
PREPARED BY: Tamra Middlecamp, Senior Management Analyst
RECOMMENDATION: That the City Council approve the Memorandum of Understanding
(MOU) between California State University San Marcos, Temecula Valley Unified School District, the
City of Temecula and the Temecula Valley Chamber of Commerce.
BACKGROUND: The City of Temecula has made a concerted and dedicated effort to
attract higher education institutions. With an educated work force residing in the City of Temecula,
the City clearly understands the value placed on higher education and on the partnerships that
further these goals.
This memorandum of understanding will guarantee enrollment for all graduating Temecula Valley
Unified School District twelfth grade students, that meet the minimum qualifications outlined. This
MOU is a joint commitment of partners that expresses that the Temecula Valley Unified School
District and California State University San Marcos will work collaboratively with the City of
Temecula, the Temecula Chamber of Commerce and agencies to support the success of all
Temecula Valley Unified School District students.
FISCAL IMPACT: None
ATTACHMENTS: MOU
Memorandum of Understanding Between - California State University San
Marcos, Temecula Valley Unified School District, the City of Temecula and the
Temecula Valley Chamber of Commerce - CSUSM Enrollment Advantage
As part of the Partnership for Student Success, Temecula Valley Unified School
District agrees to provide all incoming seventh grade students, beginning with
the 2009-10 school year, with a rigorous program of studies and support which
will provide them with an opportunity to meet the requirements for entrance to
California State University San Marcos without need for remedial college courses
upon graduation from high school. Working with California State University San
Marcos, the following benchmarks will be used by the Temecula Valley Unified
School District:
1. Student must be continually enrolled in the Temecula Valley Unified School
District since the 9th grade.
2. Student must be continually enrolled in the Temecula Valley Unified School
District for 4 years.
3. Students must complete all A-G Coursework required by CSU admission
policies.
4. Students must meet minimum CSU eligibility index requirements.
5. Students must participate and successfully pass the Early Assessment Program
in their junior year (11 th grade) in mathematics and English.
6. Students must participate and successfully pass the Early Assessment Program
in their junior year (11 t" grade) in mathematics and English or successfully
complete additional coursework designed to build the appropriate skills and
knowledge.
7. Students must take SAT Reasoning or ACT Exam.
8. Students must submit the Free Application for Federal Student Aid (FAFSA).
The Temecula Valley Unified School District will support the attainment of these
benchmarks with an enhanced secondary program including the following:
• A clear statement of expectations to staff, parents, community, and students for
seventh grade and each year thereafter.
• An Algebra curriculum for eighth graders.
• Summer school opportunities for basic skills preparation.
• Additional high school mathematics electives that prepare students with skills to
pass college entrance examinations or to meet college course requirements.
• Training for middle and high school teachers in Advancement Via Individual
Determination (AVID) program strategies.
• AVID opportunities for middle and high school students
• Clear criteria for identifying and supporting incoming seventh grade at-risk students.
• A systematic program of parent communication and education.
• Transportation for students and parents to the California State University San
Marcos for visits and orientations.
Memorandum of Understanding Between - California State University San
Marcos, Temecula Valley Unified School District, the City of Temecula and the
Temecula Chamber of Commerce
• Annual reports on the progress of each participating class.
• Frequent notification to students and parents of academic progress.
• Submission of the required Cal Grant GPA Verification for students by March 2nd of
the senior year (twelfth grade).
• Assess CSU English and Mathematics proficiency through participation in the CSU
Early Assessment Program (EAP).
• Facilitation of the development and distribution of supplemental financial aid for
participating students.
• Development of opportunities for 11t" and 12t" grade students to experience
university level academic work on the Temecula Valley Unified School District
campus.
As part of the Partnership for Student Success, California State University San
Marcos will provide a guarantee of enrollment at California State University San
Marcos for all graduating Temecula Valley Unified School District twelfth grade
students who:
• Successfully complete the minimum CSU eligibility index requirements and achieve
a passing score on the EPT and ELM, demonstrating that they have no remedial
needs in English or math.
• Have taken the SAT Reasoning (no minimum score required).
California State University San Marcos and Temecula Valley Unified School
District are committed to an inclusionarylsupportive model that allows students
who fall behind in meeting benchmarks to accelerate back on target to qualify.
Toward that end, California State University San Marcos will:
• Participate with Temecula Valley Unified School District staff in researching,
designing, and implementing literacy and mathematics training models.
• Develop a 4-year degree plan for each incoming Temecula Valley Unified School
District student and facilitate graduation in four years.
• Encourage California State University San Marcos and Temecula Valley Unified
School District faculty dialogue regarding course expectations.
• Work with Temecula Valley Unified School District to communicate this guarantee to
all students, staff and community members.
• Assist in the recruitment of college students as tutors to Temecula Valley Unified
School District high schools and middle schools through campus organizations and
programs.
• Share freshmen course expectations with Temecula Valley Unified School District
teachers, counselors and administrators
2
Memorandum of Understanding Between - California State University San
Marcos, Temecula Valley Unified School District, the City of Temecula and the
Temecula Chamber of Commerce
• Assist and support Temecula Valley Unified School District graduates at California
State University San Marcos with structured programs designed to reduce the
college dropout rate.
• Monitor student achievement and continue to implement practices that encourage
learning by all students.
• Develop a comprehensive parent and student orientation and visitation program for
pre-collegiate advisement including: college selection, financial aid, and other
college entrance issues.
• Encourage California State University San Marcos alumni to volunteer as speakers
or mentors to Temecula Valley Unified School District schools.
• Provide feedback to Temecula Valley Unified School District staff on level of
achievement of Temecula Valley Unified School District students at California State
University San Marcos.
• Facilitate the development and distribution of supplemental financial aid for
participating students.
• Assist in advertising for Temecula Valley Unified School District AVID positions.
• Prioritize application, evaluation, and notification for Temecula Valley Unified School
District students.
• Work with University Outreach and other Departments to extend opportunities for
Temecula Valley Unified School District students to experience university level
academic work.
• Assist with placement of qualifying students in internships, summer placements, or
senior project assignments within local community businesses.
Joint Commitment of Partners
• The Temecula Valley Unified School District and California State University San
Marcos will work collaboratively with the City of Temecula, the Temecula Chamber
of Commerce and agencies to support the success of all Temecula Valley Unified
School District students.
0910nell/correspondence/drleighty/moucsusm
3
ITEM NO. 8
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community Services
DATE: August 25, 2009
SUBJECT: License Agreement Between the City of Temecula and Safe Alternatives for
Everyone (S.A.F.E.)
PREPARED BY: Cathy McCarthy, Community Services Superintendent
RECOMMENDATION: That the City Council approve the License Agreement Between the
City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) for Use of Real Property.
BACKGROUND: Safe Alternatives for Everyone (S.A.F.E.) was established in 1998 to
help families suffering from abuse and violence. S.A.F.E.'s goals are to help children and families in
the Temecula Valley live in violence-free homes, schools and communities. S.A.F.E. works with
local law enforcement agencies, domestic violence agencies, local hospitals, schools and
community organizations to help families remove violence from their lives and deal with the effects
that violence has had on each family member's well being. Rather than deal with the individual's
involvement in a violent act, S.A. F.E. works in a case management capacity with the entire family to
ensure all family members utilize existing community services to "help families help themselves". In
addition to case management, S.A.F.E provides referral and resource support, public education and
family assessment.
In August 2002, the City and S.A.F.E., entered into an agreement to provide office facilities for
S.A.F.E. staff at the Temecula Community Center (TCC) on Pujol Street. S.A.F.E. services and
client needs continued to increase along with the growth of the community. On January 25, 2005,
the City Council approved Amendment No. 3 to the Agreement allowing the placement of a modular
unit in the TCC parking lot which provided additional space for administrative staff and counseling
services. The modular was a temporary solution for additional space necessary to provide services.
The City has worked with S.A.F.E. in the design and construction of a facility at the TCC location
that will provide the permanent needed space to offer these services for the community. The
construction of the new facility is nearing completion. This license agreement allows for the use of
the building by S.A. F.E to provide services. The term is for fifteen (15) years with provisions for one
five year extension.
S.A.F.E. will provide necessary interior furnishings and information systems. They will also be
responsible for all utility and custodial costs. The City will provide landscape maintenance services
and maintenance and repair for the exterior of the building and the interior fixtures
The partnership between the City of Temecula and S.A.F.E. expands the human services offered in
the City and enhances our overall ability to provide needed services within the community.
FISCAL IMPACT: Funds have been approved and appropriated in the Fiscal Year 2009-
2010 Temecula Community Services District (TCSD) budget to cover the City's maintenance
responsibilities required in this agreement.
ATTACHMENTS: License Agreement
LICENSE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND SAFE ALTERNATIVES FOR
EVERYONE (S.A.F.E.) FOR USE OF CITY REAL
PROPERTY
THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a
municipal corporation ("City") and Safe Alternatives for Everyone (S.A.F.E.), a California non-
profit corporation ("Licensee") and is made as of August 25, 2009. In consideration of the
mutual agreements contained herein, the parties hereto agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, which each of the parties hereto acknowledge as true and correct:
A. The City is the owner of certain real property in the City of Temecula
located at 28910 Pujol Street, Temecula, California, and identified as Assessor's Parcel Number
922-100-026 (hereafter "Subject Property").
B. The Licensee is a non-profit corporation that provides community services
for the Temecula area for members of the Temecula community who may be in need.
C. On August 27, 2002, the City and Licensee entered into a license
agreement for the use of real property located at 28816 Pujol Street, Temecula, California (2002
License Agreement), and subsequently entered into amendments to the 2002 License Agreement
on February 11, 2003 (Amendment No. 1), May 25, 2004 (Amendment No. 2), January 25, 2005
(Amendment No. 3), and June 26, 2007 (Amendment No. 4).
D. The City and Licensee desire to terminate the 2002 License Agreement,
Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4 upon
Licensee's occupancy of the Subject Property.
E. The City is willing to grant a license to Licensee to use the Subject
Property in consideration of and recognition of the community services provided to the
community by the Licensee.
F. The City and Licensee desire to enter into this Agreement to provide the
terms and conditions upon which Licensee shall use the Subject Property described below.
2. Right to Use Subject Property. City hereby grants a license to Licensee to use the
Subject Property described on Exhibit "A," attached hereto and incorporated herein (hereafter
referred to as "Subject Property") attached hereto and incorporated herein, subject to the terms
and conditions of this Agreement.
3. Rent. Licensee shall pay rent to the City in the amount of one dollar ($1.00) per
year.
4. Expiration of 2002 License Agreement and Subsequent Amendments. The 2002
License Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment
No. 4 shall expire upon Licensee's occupancy of the Subject Property. The City Manager and
Licensee shall sign an amendment to this License Agreement confirming the date Licensee takes
occupancy of the Subject Property.
5. Term of License to Use Subject Property.
A. Duration. The Term of this Agreement shall be fifteen (15) years,
commencing on the date Licensee takes occupancy of the Subject Property, but no later than
October 12009, and ending on October 1, 2024, subject to the extension of the term as provided
in Subsection C (Notice of Desire to Extend Term) of this Section 5 (Term of License to Use
Subject Property). The City Manager and Licensee shall sign an amendment to this License
Agreement confirming the date Licensee takes occupancy of the Subject Property.
B. Right to Terminate Agreement. Either party may terminate this
Agreement for any reason by providing a sixty (60) day written notice of termination to the other
party at the addresses shown in Section 14 (Notice), below.
C. Notice of Desire to Extend Term. On or before October 1, 2024 Licensee
shall give written notice to the City at the address shown in Section 14 (Notice), below of
Licensee's desire to further extend the Term of this Agreement for five (5) additional years
through October 1, 2029. The Term shall be extended for five (5) additional years through
October 1, 2029 only if such extension is approved by the City Manager in writing. Nothing in
this section shall be construed as an obligation of City to extend the Term, nor shall it be
construed as granting Licensee any option to extend the Term, regardless of whether or not
Licensee provides the notice described herein.
6. Responsibilities of Licensee.
A. Licensee shall be responsible for providing the interior furniture and
equipment for the interior of the buildings located on the Subject Property.
B. Licensee shall be responsible for providing and equipping the interior of
the building located on the Subject Property with its own information systems, including but not
limited to telephones, facsimile machines, computers, printers, copiers and other similar types of
equipment. Licensee shall also be responsible for maintaining such information systems
equipment.
C. Licensee shall be responsible for the monitoring service for the security
systems.
D. Licensee shall be responsible for maintaining, by providing custodial
services, the interior of the buildings located on the Subject Property in a neat, clean and safe
condition.
E. Licensee shall promptly notify City of any dilapidation or other defective
conditions on the Subject Property that require repair.
2
F. Licensee shall not make any modifications to the interior or exterior of any
buildings located on the Subject Property, nor shall Licensee place any additional storage units
on the Subject Property, without the prior written consent by City.
G. Licensee shall be responsible for the costs of utilities, including but not
limited to water, gas, electricity, and telephones for the Subject Property.
H. Licensee shall put forth its best effort to ensure that no loitering occurs on
the Subject Property after the hours of operation.
Responsibilities of City.
A. City shall provide all landscape maintenance services to the exterior of
any buildings located on the Subject Property.
B. City shall be responsible for all maintenance and repairs for the exterior of
the building located on the Subject Property, including roofing, HVAC, the parking lot and
exterior lighting.
C. City shall be responsible for the maintenance of the interior fixtures of the
building located on the Subject Property, except for those items listed in Section 6 of this
Agreement and except for those items Licensee brings into any buildings located on the Subject
Property.
D. City shall be responsible for the installation and maintenance of fire alarm
systems.
E. City reserves the right to inspect the interior and exterior of any buildings
located on the Subject Property on a monthly basis.
F. City reserves the right to enter the building located on the Subject Property
in any of the following instances:
1) In the event of an emergency;
2) To make necessary or agreed repairs, alterations, or improvements;
3) To supply necessary or agreed services;
4) If Licensee abandons or surrenders the leased premises; or
5) Pursuant to court order.
8. Liens. Licensee shall not directly or indirectly create or permit to be created or to
remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property. Licensee
shall defend, indemnify and hold City harmless, pursuant to Section 10 (Indemnification), below,
from any liens that may attach to the Subject Property or to the Subject Property arising from the
use of the buildings on the Subject Property for the operation of S.A.F.E.
9. Condition of Subject Property.
A. Licensee shall keep the Subject Property, including equipment, if
applicable, in good order and condition, and shall not damage, depreciate, alter or misuse the
Subject Property.
B. If Licensee damages the Subject Property, Licensee shall pay City
promptly for all costs necessary to restore and remedy the Subject Property or its equipment to
its prior condition. In addition, Licensee shall pay City for any damage or injuries to the Subject
Property occasioned by Licensee's negligence, misuse, or lack of ordinary care.
C. Upon termination of this Agreement, Licensee shall return the Subject
Property in as good as a condition and repair as the Subject Property existed as of the date of this
Agreement subject to reasonable wear and tear.
10. Indemnification. Licensee shall defend, indemnify, assume all responsibility for
and hold the City, and its officers, officials, agents, employees and volunteers ("Indemnified
Parties"), harmless from all costs (including attorneys fees and costs), claims, demands,
mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons,
including death that may be caused by any of the actions or inactions of the Licensee or users of
the Subject Property or that may result from the Licensee's use of the Subject Property, whether
such actions or inactions or use by Licensee or any person directly or indirectly employed or
contracted with by Licensee and whether such action shall accrue or be discovered before or
after termination of this Agreement. This Section 10 (Indemnification) shall survive termination
of this License Agreement.
11. Insurance Requirements. Licensee shall procure and maintain, for the duration of
this Agreement, insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Licensee, its
agents, representatives or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as the
following coverages and any updated industry standard policies:
1) Insurance Services Office Commercial General Liability coverage
(occurrence form No. CG 00 01 11 85 or 88).
2) Insurance Services Office Business Auto Coverage from CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Licensee 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 Licensee has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Licensee shall
execute a declaration that it has no employees.
than:
B. Minimum Limits of Insurance. Licensee shall maintain limits no less
4
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury, and property damage for Licensee or its tenant (or assigns). If Commercial
General Liability Insurance or other form with a general aggregate limit is issued, either the
general aggregate limit shall apply separately to the Subject Property 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
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Director of Finance. At the option of the
Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, agents, employees or volunteers, or the
Licensee shall procure a bond guarantee 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 Indemnified Parties (as defined in Section 10
(Indemnification)) shall be covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Licensee; products and completed operations of the Licensee;
premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or
borrowed by the Licensee. The coverage shall contain no special limitations on the scope of
protection afforded to the Indemnified Parties.
2) For any claims related to the Licensee's use of the Subject
Property, the Licensee's insurance coverage shall be primary insurance as respects the
Indemnified Parties. Any insurance or self-insurance maintained by the Indemnified Parties
shall be in excess of the Licensee's insurance and shall not contribute with Licensee's insurance.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the Indemnified
Parties.
4) The Licensee'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 has been given to the City.
6) Within two (2) business days of receipt of notice of any action
described in paragraph 5 of subsection D (Other Insurance Provisions) of this Section 11
(Insurance Requirements), Licensee shall notify the City of said action and provide the City with
copies of said notice.
7) Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City.
Self-insurance shall not be considered to comply with these insurance requirements.
8) Verification of Coverage. Licensee 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 bond 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 Licensee begins to use the Subject Property. As an alternative to the City's
forms, the Licensee's insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications.
12. Assignment and Subletting. Licensee shall not assign its interest in this
Agreement or in the Subject Property to any person or entity without first obtaining the City
Manager's written consent. Any assignment without the City Manager's prior written consent
shall be voidable and, at the City Manager's election, shall constitute a default.
13. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and
neat condition. No dumping, storage of hazardous or toxic waste, nor the maintenance of any
nuisance, public or private, shall be permitted.
14. Notice. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by written notice to the
other party:
City: CITY OF TEMECULA
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
Licensee: Safe Alternatives for Everyone (S.A.F.E.)
15. Legal Responsibilities; Non-Discrimination. The Licensee shall keep itself
informed of all local, State and Federal ordinances, laws and regulations which in any manner
affect those employed by it or in any way affect the performance of its services described in this
6
Agreement. As required by law, the Licensee hereby covenants that there shall be no
discrimination against or segregation of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those
bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the California Government Code, in the use,
occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon,
nor shall the Licensee establish or permit any such practice or practices of discrimination or
segregation. The Licensee 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 Licensee to comply with this section.
16. Taxes. Licensee shall pay any possessory interest taxes, and general and special
assessments, if any, which may levied against the building described at Section 2 (Right to Use
Subject Property) above as a result of Licensee's use of the Subject Property.
17. Interpretation. Each party had the frill opportunity to participate in the drafting of
this Agreement and, therefore, the Agreement shall not be interpreted against any party on the
ground that the party drafted the Agreement or caused it to be prepared.
18. Authority to Enter Into Agreement. Each person signing below personally
warrants and represents to the City that the Licensee has approved this License, intends to be
bound by its terms and that they are duly authorized to execute this License Agreement on behalf
of the Licensee.
19. Entire Agreement. This Agreement and any documents attached hereto or
mentioned herein, contain all of the Agreements of the parties regarding the Subject Property,
and no prior agreement or understanding pertaining to any such matter shall be effective for any
purpose.
20. Amendments. No provision of this Agreement may be amended except by the
written agreement of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
Safe Alternatives for Everyone (S.A.F.E.),
a California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
7
CITY OF TEMECULA
Maryann Edwards
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
EXHIBIT "A"
DESCRIPTION OF SUBJECT PROPERTY
The Property that is the subject of this License and referenced in Paragraph 2 (Right to
Use Subject Property) of this Agreement consists of a portion of the real property owned by the
City of Temecula located at 28910 Pujol Street, Temecula, California, 92590 as depicted below.
9
ITEM NO. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 11, 2009
SUBJECT: Parcel Map 32158, Located on west side of Bostik Court, South of Winchester
Road
PREPARED BY: Daniel A. York, City Engineer
John Pourkazemi, Associate Engineer- Land Development Division
RECOMMENDATION: That the City Council approve Parcel Map 32158 in conformance with
the Conditions of Approval.
BACKGROUND: Parcel Map No. 32158 proposes to subdivide 1.97 gross/net acres into
two (2) parcels - 0.97 net acre and 1.00 net acre, respectively - for light industrial use/development.
The parcel map is located on west side of Bostik Court, south of Winchester Road.
Tentative Parcel Map No. 32158 (PA04-0075) was initially approved at the May 6, 2004 Director's
Hearing. The tentative map was granted its First Extension of Time (PA07-0138) on December 20,
2007, and its Second Extension of Time (PA08-0103) on July 10, 2008. An automatic one year
Extension of Time was also granted pursuant to California Senate Bill 1185 validating the tentative
map until May 6, 2010.
All public improvements are in place and the survey monuments have been set.
The property owners, Amand, Hetzner, and Oliver families, have met the terms of the Conditions of
Approval for map recordation. This parcel map is in conformance with the approved tentative parcel
map. The approval of a subdivision map, which substantially complies with the approved tentative
map, is a mandatory ministerial act under State Law.
FISCAL IMPACT: None
ATTACHMENTS: 1) Fees and Securities Report
2) Vicinity Map
3) Parcel Map No. 32158
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 32158
DATE: Auaust 11. 2009
IMPROVEMENTS
FAITHFUL PERFORMANCE
SECURITY
MATERIAL & LABOR SECURITY
Street and Drainage
$ 0.00
$ 0.00
Water
$ 0.00
$ 0.00
Sewer
$ 0.00
$ 0.00
TOTAL
$ 0.00
$ 0.00
Monumentation
$ 0.00
-
DEVELOPMENT FEES
RCFCD (ADP) Fee
$ Paid
Development Impact Fee
$ Paid
SERVICE FEES
Planning Fee
$
291.00
Fire Fee
$
206.00
TCSD Fee
$
141.00
Plan Check Fee
$
6,232.00
Monumentation Inspection Fee
$
274.00
Fees Paid to Date
$
7,144.00
Balance of Fees Due
$
0.00
PM 32158
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ITEM NO. 1 0
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Parcel Map 36055, located on the south side of 3~d Street, west of Old Town
Front Street
PREPARED BY: Daniel A. York, City Engineer
John Pourkazemi, Associate Engineer- Land Development Division
RECOMMENDATION: That the City Council approve Parcel Map 36055 in conformance with
the Conditions of Approval.
BACKGROUND:
Record title Interest: The Warehouse at Creekside, LLC
Commercial Bank of California
Parcel Map No. 36055 proposes to merge six (6) lots into one parcel, 0.51 gross/net acre in area, for
residential and retail commercial use/development. The property covered by this parcel map is
located on the south side of 3~d Street, west of Old Town Front Street.
Tentative Parcel Map No. 36055, planning application PA08-0287, was approved at the January 29,
2009 Director's Hearing. The underlying development plan, The Warehouse at Creekside, planning
application PA08-0115 was approved by the City of Temecula Planning Commission on August 20,
2008. Certain public improvements associated with the development of the project are required, and
both of the planning applications, the development plan and the map, were conditioned for the
public improvements accordingly.
A General Vacation of half width of the alley between 2nd Street and 3~d Street, between Old Town
Front Street and Murrieta Creek, was adopted under Resolution No. 09-13 at the January 27, 2009
City Council hearing, and subsequently recorded. The portion of the alley vacation that adjoined the
subject property added approximately 0.034 acre (±1,500 S.F.) to the property.
Survey monuments associated with Parcel Map No. 36055 are required to be set with this map,
hence requiring posting of the Monument Agreement and Faithful Performance Bond to guarantee
their installation.
The property owner has met the terms of the Conditions of Approval for map recordation and this
parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision
map, which substantially complies with the approved tentative map, is a mandatory ministerial act
under State Law.
FISCAL IMPACT: None
ATTACHMENTS: 1) Fees and Securities Report
2) Vicinity Map
3) Parcel Map No. 36055
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 36055
DATE: Auaust 25. 2009
IMPROVEMENTS
FAITHFUL PERFORMANCE
SECURITY
MATERIAL & LABOR SECURITY
Street and Drainage
$ 75,000.00
$ 37,500.00
Water
$ 29,500.00
$ 14,750.00
Sewer
$ 0.00
$ 0.00
TOTAL
$ 104,500.00
$ 52,250.00
Monumentation
$ 960.00
-
DEVELOPMENT FEES
RCFCD (ADP) Fee
$ Paid
Development Impact Fee
$ Paid
SERVICE FEES
Planning Fee
$
340.00
Fire Fee
$
241.00
TCSD Fee
$
165.00
Plan Check Fee
$
2,167.00
Monumentation Inspection Fee
$
319.00
Fees Paid to Date
$
3,232.00
Balance of Fees Due
$
0.00
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ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Second Amendment to Agreement with Crosstown Electrical & Data, Inc. for
Construction Services - CCTV Camera Installation on Temecula Parkway (Route
79 South) and Pechanga Parkway Project No. PW07-07
PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic
Daniel A. York, City Engineer
RECOMMENDATION: That the City Council approve a Second Amendment to the
Agreement with Crosstown Electrical & Data, Inc., for Construction Services for CCTV Camera
Installation on Temecula Parkway (Route 79 South) and Pechanga Parkway for an amount not-to-
exceed Thirty-Five Thousand Six Hundred Dollars ($35,600.00).
BACKGROUND: At their meeting of May 22, 2007, the City Council approved an
agreement with Crosstown Electrical & Data, I nc. in the amount of $122,400.00 to furnish and install
intersection traffic monitoring CCTV cameras, communication equipment, and fiber optic cable
backbone system on Route 79 South and Pechanga Parkway. The City Council also authorized the
City Manager to approve change orders not-to-exceed the contingency amount of $12,240.00, which
equaled 10°x6 of the contract amount.
In June 2008, the City Manager approved the First Amendment to the Agreement with Crosstown
Electrical & Data, Inc. which extended the term of the contract to June 30, 2009. The extension of
time was necessary to locate and "proof" the City's existing conduit located within Time Warner's
conduit duct on Ynez Road. The extension also provided for completion of the fiber optic cable
backbone installation on Ynez Road from Rancho California Road to La Paz Street.
During the course of the work, Crosstown determined that portions of the City's conduit was
damaged and would need to be replaced. After several months of ongoing communication with
Time Warner, they stipulated that only a Time Warner authorized contractor with Level 3
certification, could perform the conduit replacement and fiber installation work within their conduit
duct system. A separate Agreement was initiated with SECC for the work within the Time Warner
facilities. To date, Crosstown has been paid $99,360.00 for the work performed, which leaves a
balance of $35,280.00 in the original authorization ($23,040 contract + $12,240 contingency).
A Second amendment to the Agreement is necessary to complete the remainder of the project,
which includes installation of fiber optic cable backbone system, CCTV cameras, and
communication equipment on Pechanga Parkway as the cost exceeds the available balance.
Crosstown estimated the costto complete the remaining workto $64,430.00. Staff has reviewed the
estimate and determined the cost to be reasonable and consistent with unit costs recently received
for similar work.
FISCAL IMPACT: The CCTV Camera Installation on Temecula Parkway (Route 79
South) and Pechanga Parkway is a CIP project funded with SB 621 funds. With the recommended
amendmentthe total authorization underthis amended agreementwill be $170,240, which includes
$99,360 in existing expenses, $64,430 to complete the balance of the project and allows for a
$6,450 contingency, which is roughly equivalent to 10% of the remaining work, to cover any
unforeseen additional expenses necessary to complete the work. Adequate funds are available in
Account No. 210-165-635-5804 for this request.
ATTACHMENTS:
1. Project Location and Description
2. Agreement for Construction Services
3. Letter Proposal with Unit Prices
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SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC.
CLOSED CIRCUIT TELEVISION INSTALLATION ON SR79S & PECHANGA PARKWAY
PROJECT NO. PW07-07
THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and
between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and
Crosstown Electrical & Data, Inc. a Corporation (hereinafter referred to as "Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
This Amendment is made with the respect to the following facts and purposes:
a. On May 22, 2007, the City and Consultant entered into that certain
Agreement entitled "Agreement for Construction Services CCTV Camera Installation Route
79 South & Pechanga Parkway", in the amount of $122,400.00.
On June 24, 2008, the contract term was extended to June 30, 2009.
C. The parties now desire to increase payment for additional services in the
amount of Thirty Five Thousand Six Hundred Dollars and No Cents ($35,600.00) and
amend the Agreement as set forth in this Amendment.
follows:
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
This Agreement shall remain and continue in effect until tasks herein are
completed, but in no event later than June 30, 2010 unless sooner
terminated pursuant to the provisions of this Agreement.
3. Section 3 of the Agreement entitled "COST OF WORK" at paragraph "a" is
hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit A, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit A, other than the payment rates and
schedule of payment, are null and void. The Second Amendment
amount shall not exceed Thirty Five Thousand Six Hundred Dollars
and No Cents ($35,600.00) for additional Construction Services CCTV
Camera Installation Route 79 South & Pechanga Parkway for a total
Agreement amount of One Hundred Fifty Eight Thousand Dollars and
No Cents ($158,000.00).
4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as
though set forth in full.
5. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
City of Temecula CROSSTOWN ELECTRICAL & DATA, INC.
(Two Signatures if required by corporate papers)
By: By:
Maryann Edwards, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
David P. Heermance, President
David P. Heermance, CEO
By:
Peter M. Thorson, City Attorney CONTRACTOR
By:
Crosstown Electrical & Data, Inc.
David P. Heermance, President
5463 Diaz Street, Irwindale, CA 91706
6261813-6693
6261813-6604
FSM Initials:
Date:
3
ATTACHMENT A
Payment Rates and Schedule
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
4
Ge ~ trical [Data, Inc.
Quote 9236
July 23, 2009
Mr. Art Pina
City of Temecula
43200 Business Park Dr
Temecula, California 92589
Dear Mr. Pina:
Crosstown Electrical & Data Inc. is pleased to present a quotation for your project on
Pechanga Parkway from Temecula Parkway to Deer Hollow.
Statement of work:
1. Perform on-reel testing of 12 and 24SMFO cables.
2. Furnish and install 24SMFO trunk cable from Temecula Parkway to Deer Hollow
on Pechanga Parkway.
3. Furnish and install 12SMFO drop cables from splice vault to controller cabinet at
Pechanga Parkway and Deer Hollow, Wolf Valley Road, and Loma Linda Road.
4. Furnish and install splice enclosures and splice 12SMFO drop cables to 24SMFO
trunk cable at Pechanga Parkway and Deer Hollow, Wolf Valley Road, and Loma
Linda Road.
5. Furnish and install fiber optic patch panel and terminate 12SMFO drop cables in
traffic signal cabinets at Pechanga Parkway and Deer Hollow, Wolf Valley Road,
and Loma Linda Road.
6. Furnish and install fiber optic patch panel and terminate 24SMFO trunk cable in
the traffic signal cabinet at Temecula Parkway and Pechanga Parkway.
7. Perform testing and provide test documentation.
8. Furnish and install Pelco Dome Cameras (SD4C22PGE1) at the intersections of
Pechanga Parkway at Loma Linda, Wolf Valley and Deer Hollow.
9. Furnish and install CCTV cables from camera to transceivers in cabinets.
10. Furnish and install IFS VT1930WDM at each CCTV location cabinet (3).
11. Furnish and install IFS VR1930WDM-R3 in existing IFS R3 Chassis at video hub.
The price to provide the services listed above is: $64,430.00
Item
No.
Item
Unit
Qt
Unit
Price
Ext
Amt
1
Perform on-reel testing of fiber optic cable
EA
2
$390.00
$780.00
2
Furnish and install 24 strand Single mode fiber
LF
16,000
$1.89
$30,240.00
3
Furnish and install 12 strand Single mode fiber
LF
450
$1.70
$765.00
4
Furnish and install splice closure and splice
drop cables
EA
3
$990.00
$2,970.00
5
Furnish and install patch panels at drop cable
locations and terminate fiber
EA
3
$1,200.00
$3,600.00
Contractors License Number C10-756309
5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604
Ctrical Data, Inc.
Quote 9236
6
Furnish and install patch panel and terminate
24SMFO at Temecula Pkwy and Pechanga
Pkwy
EA
1
$1,850.00
$1,850.00
7
Perform testing and provide test
documentation
LS
1
$1,560.00
$1,560.00
8
Furnish and install Pelco SD4C22PGE1 CCTV
EA
3
$4,560.00
$13,680.00
9
Furnish and install IFS VT1930WDM
EA
3
$1,160.00
$3,480.00
10
Furnish and install IFS VR-1930WDM-R3
EA
3
$1,160.00
$3,480.00
11
Furnish and install CCTV composite Cable
LF
450
$4.50
$2,025.00
Total
$64,430.00
Exclusions: Cost of conduit, pull boxes, traffic signal cabinets or controllers, traffic signal
work or civil work.
Please feel free to call me if you have any questions.
Sincerely,
DOV11Dwrde v
Donald J. Durden
Senior Systems Engineer
Contractors License Number C10-756309
5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813-6693 Fax (626) 813-6604
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Minor Construction Agreement to Install Fiber Optic Cable Associated with the
Closed Circuit Television Installation on Temecula Parkway and Pechanga
Parkway, Project No. PW07-07
PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic
Daniel A. York, City Engineer
RECOMMENDATION: That the City Council:
1. Approve a Minor Construction Agreement with SECC Corporation for an amount not-
to-exceed Fifty-Six Thousand One Hundred and Ninety Five Dollars ($56,195.00).
2. Authorize the City Manager to approve change orders not-to-exceed the 10%
contingency amount of Five Thousand Six Hundred Twenty Dollars ($5,620.00).
BACKGROUND: In April 2009, the City Manager approved an agreement for
construction services with SECC in the amount of $5,900.00 to "proof" the location and condition of
City owned conduit installed within a Time Warner conduit duct bank. SECC was selected to
perform the "proofing" work because they are the original providerthat installed the facilities for Time
Warner and more importantly, the only provider authorized to work in Time Warner facilities. The
results of the proofing pin-pointed a small segment of conduit that was crushed sometime after
installation and must be replaced.
Because SECC is the only contactor authorized by Time Warner to work in their facilities, Staff
requested a cost proposal from them to provide the labor, equipment and material to intercept
existing City owned conduit within Time Warner conduit duct facilities, make the necessary repairs
and then install fiber optic cable in the City's conduit located on Ynez Road between Rancho
California Road and La Paz Road. When completed the proposed fiber installation will provide a
backbone system for CCTV camera installation on Pechanga Parkway and Temecula Parkway, and
allow staff to monitor traffic conditions and traffic signal operations on both corridors. The cost to
perform the work is a not-to-exceed amount of $56,195.00.
Staff has reviewed the quote provided by SECC and determined the unit costs to be reasonable and
consistent with unit costs for similar work provided by other contractors.
FISCAL IMPACT: The scope of work covered by this agreement is included in the
FY2010-2014 Capital Improvement Program Project identified as Closed Circuit Television
Installation on Temecula Parkway and Pechanga Parkway, Project No. PW07-07 and is funded with
SB 621 funds. Adequate funds are available in the project account, No. 210-165-635-5804 for this
$61,815.00 request, which includes the agreement amount of $56,195.00 and a 10% contingency
amount of $5,620.00.
ATTACHMENTS:
1. Project Location and Description
2. Minor Construction Agreement
3. Letter Proposal with Unit Prices
AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN
CITY OF TEMECULA AND SECC CORPORATION
FOR CONSTRUCTION SERVICES TO INSTALL FIBER OPTIC CABLE
THIS AGREEMENT is made and effective as of August 25, 2009, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and SECC Corporation, a
Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on August 25, 2009, 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 contract for one (1) additional one (1)
year term. In no event shall the contract be extended beyond December 31, 2010.
If Agreement is extended beyond the original term, the Agreement price shall be
adjusted at the beginning of each calendar year in accordance with the changes in the
Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area
published monthly by the United States Bureau of Labor Statistics (CPI).
2. SCOPE OF WORK
Contractor shall construct and install all of the work described in the Scope of Work,
attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all
the labor, materials, necessary tools, expendable equipment, and all utility and transportation
services required for the Work. All of said Work to be performed and materials to be furnished
for the Work shall be in strict accordance with the specifications set forth in the Scope of Work.
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 in writing by the City.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty
Six Thousand One Hundred Ninety Five Dollars and No Cents ($56,195.00).
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Contractor at the time City's written authorization
is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives, and
the quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute by this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and/or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of 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.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
3
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions 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 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 by the 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 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 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.
4
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverane. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. PERFORMANCE AND LABOR MATERIAL BONDS
Prior to commencement of the Work, Contractor shall provide the City with a
Performance Bond in the amount of the Agreement, and a Labor and Materials Bond in the
amount of the Agreement from a surety acceptable to the City.
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. 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.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
17. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the City Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
6
21.
The Work shall be subject to inspection and testing by City and its authorized
representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all
reasonable facilities and assistance for the safety and convenience of inspectors. All
inspections and tests shall be performed in such manner as to not unduly delay the Work. The
Work shall be subject to final inspection and acceptance notwithstanding any payments or other
prior inspections. Such final inspection shall be made within a reasonable time after completion
of the Work.
22.
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
23.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City of Temecula: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula. California 92589-9033
-or-
City of Temecula
Attn: City Manager
43200 Business Park Drive
Temecula. California 92590
To Contractor: SECC Corporation
Jeff L. Patrick, Superintendent
183 Business Center Drive
Corona, CA 91720
24. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
25. 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.
26. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct or
indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors
for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants
and represents to the City that no officer or employee of the City of Temecula has any interest,
whether contractual, non-contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub-contractors on this project. Contractor further
agrees to notify the City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement.
27. 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.
28. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
29. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
City of Temecula
By:
Maryann Edwards, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
SECC CORPORATION
(Two Signatures if required by corporate papers)
By:
By:
Mike Aranda, President
Jeff L. Patrick, Superintendent
APPROVED AS TO FORM:
By:
SECC Corporation
Jeff L. Patrick, Superintendent
183 Business Center Drive, Corona, CA 91720
(951) 734-3110
(951) 734-4878
Jeff@secc-corp.com
FSM Initials:
Date:
Peter M. Thorson, City Attorney CONTRACTOR
9
EXHIBIT "A"
SCOPE OF WORK
PAYMENT RATES AND SCHEDULE
10
EXHIBIT "B"
PERFORMANCE BOND AND LABOR & MATERIALS BOND: attached
11
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
BOND NO.
LABOR AND MATERIALS BOND
FOR
PROJECT NO. PW07-07
CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND
PECHANGA PARKWAY
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to
CONTRACTOR'S NAME AND ADDRESS
Hereinafter called "Contractor," a contract for the work described as follows:
PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION
ON TEMECULA PARKWAY AND PECHANGA PARKWAY, hereinafter called
"Contract," and
WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the
Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and
NAME AND ADDRESS QF SURETY
duly authorized to transact business under the laws of the State of California, as Surety,
hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and
all contractors, subcontractors, laborers, materialmen, and other persons employed in the
performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal
sum of
DOLLARS
and CENTS lawful money of the United States, said
sum being not less than one hundred (100%) of the estimated amount payable by the said City of
Temecula under the terms of the Contract, for the payment of which we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs,
executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any
materials, provisions, provender or other supplies, or teams, implements or machinery, used in,
upon, for, or about the performance of the work under the Contract to be done, or for any work
12
or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with
respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of
Division 3 of the Civil Code, and provided that the claimant shall have compiled with the
provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the
sum specified in this bond, otherwise the above obligation shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled
to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond, and shall also cover payment for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department
from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020
of the Unemployment Insurance Code.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby
waives notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work to be performed thereunder, or to the specifications accompanying the
same.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on 2009.
(Seal)
SURETY
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Achnowledeement or Jurat for both the Surety and Principal Signatures
13
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
BOND NO.
PERFORMANCE BOND
FOR
PROJECT NO. PW07-07
CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND
PECHANGA PARKWAY
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula, State of California, entered into a contract
dated , 2009, hereinafter called "Contract," with:
NAME AND ADDRESS OF CONTRACTOR
hereinafter called "Principal," for the work described as follows:
PROJECT NO. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION
ON TEMECULA PARKWAY AND PECHANGA PARKWAY; and
WHEREAS, the said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract.
NOW, THEREFORE, WE, the Principal, and
NAME OF SURETY
duly authorized to transact business under the laws of the State of California, as Surety,
hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal
sum of
DOLLARS and CENTS lawful money of the United
States, for the payment of which sum we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs,
executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well
and truly keep and perform the covenants, conditions and agreements in the said Contract, and in
any alteration thereof made as therein provided, on its part to be kept and performed, at the time
and in the manner therein specified, in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein
14
stipulated, then this obligation shall become null and void; otherwise it shall be and remain infull
force and virtue.
As a part of the obligation secured hereby and in addition to the face amount specified,
costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees
incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as
costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on 2009.
(Seal)
SURETY
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signature
15
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CABLE/COMMUNICATIONS
LICENSE NO. 71000
City of Temecula
Public Works Department
43200 Business Park Drive
Temecula CA 92589
Attn: Richard Uribe,
July 15, 2009
Project Quote
Add boxes
Temecula, CA
Richard,
SECC Corporation is pleased to submit the following quote to provide labor, equipment and material to
intercept existing city of Temecula conduit, perform trenching and install one 2'x3' pullbox to reduce the
installation distance between existing city handholes, perform conduit installation to tie in conduit to existing
traffic control boxes, provide and install 24 count single mode fiber optic cable for the unit pricing listed below.
1.
Break out and install 2x3
1 ea.
$7,360.00 ea.
$7,360.00 ext
Proposed 500' s/o Terra Vista Rd.
2.
Rancho California and Ynez
Bore and install 1.25" HDPE
240 Ift
$62.00 Ift.
$14,880.00
3.
La Paz and Hwy 79
Intercept and tie conduit to
existing pullbox
1 ea.
$3,940.00
$3,940.00
4.
Jet and Pull 24 count SM FOC
13,050 Ift.
$2.30 ft.
$30,015.00 ext
Total Quote $56,195.00
• Quote assumes standard working hours
• Quote excludes permits and or related fees.
• Quote reflects Prevailing Wage Rates
• Quote assumes a one foot grind and overlay on affected asphalt only.
• Quote assumes existing structure depth not to exceed five feet
• Quote assumes existing conduit free of defects or damages
If you have any questions or if I can be of further assistance please feel free to contact me at (951) 734-
3110
Sincerely,
Jeff L. Patrick
co temecula add boxes-trench 06-26-09 rev 07-15-09
183 BUSINESS CENTER DR. /CORONA, CALIFORNIA 91720 /Tel. (951) 734-3110. FAX (951) 734-4878
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Second Amendment to the Agreement with GFB Friedrich, Inc. for De Portola
Road Pavement Rehabilitation - Project No. PW06-10
PREPARED BY: Amer Attar, Principal Engineer
Jon Salazar, Associate Engineer
RECOMMENDATION: That the City Council approve the Second Amendment to the
Agreementwith GFB Friedrich, Inc. in an amount notto exceed $8,950.00 foradditional engineering
design services necessary to modify the design for De Portola Road Pavement Rehabilitation -
Project No. PW06-10, and extend the term of the Agreement through June 30, 2010.
BACKGROUND: On November 14, 2006 the City Council approved an agreement with
GFB Friedrich, Inc. in an amount not to exceed $146,100.00, to prepare the Plans, Specifications,
and Estimate (PS&E) for the De Portola Road Pavement Rehabilitation - Project No. PW06-10. On
August 20, 2008, the First Amendment, extending the terms of the contract to June 30, 2009, was
approved.
During construction, Staff and the Contractor discovered that a newly constructed drainage structure
on De Portola Road would not properly drain. An investigation revealed that an existing downstream
catch basin was undersized and would not function properly in conjunction with the new drainage
structure at De Portola Road and the drainage channel which directed flows into this existing catch
basin. The Second Amendment covers additional professional services needed to prepare design
plans for the modification of the existing catch basin downstream of the new drainage structure.
FISCAL IMPACT: The De Portola Pavement Rehabilitation Project is included in the
Capital Improvement Program and is funded with Measure A and Federal STP funds. Adequate
funds are available in Account No. 210-165-656-5805 to cover the cost of this $8,950 amendment.
Upon approval of this amendment, the total Agreement amount will be $155,050.00.
ATTACHMENTS: 1. Second Amendment
2. Project Location
3. Project Description
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND GFB FRIEDRICH, INC.
DE PORTOLA PAVEMENT REHABILITATION
PROJECT NO. PW06-10
THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and
between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and
GFB Friedrich, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On November 14, 2006, the City and Consultant entered into that certain
Agreement entitled "Agreement for Professional Engineering Design Services", in the amount of
$146,100.00.
b. On August 20, 2008 (First Amendment) the Agreement was amended
extending the terms through June 30, 2009 for continued engineering design services.
C. The parties now desire to increase the payment for services in the
amount of Eight Thousand Nine Hundred Fifty Dollars and No Cents ($8,950.00) for
additional engineering design services necessary to modify the Plans to incorporate additional
drainage features, as well as extend the term of the agreement to June 30, 2010 and amend the
Agreement as set forth in this Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
This Agreement shall remain and continue in effect until tasks herein are
completed, but in no event later than June 30, 2010 unless sooner
terminated pursuant to the provisions of this Agreement.
3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The Second Amendment
amount shall not exceed Eight Thousand Nine Hundred Fifty Dollars and
No Cents ($8,950.00) for additional engineering design services
necessary to complete the Plans, Specifications, and Estimate for a total
Agreement amount of One Hundred Fifty Five Thousand Fifty Dollars
and No Cents ($155,050.00).
4. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as
though set forth in full.
5. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
City of Temecula GFB Friedrich, Inc.
(Two Signatures if required by corporate papers)
By: By:
Maryann Edwards, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
John A. Friedrich, President
By:
Peter M. Thorson, City Attorney CONTRACTOR
GFB Friedrich, Inc
John A. Friedrich, President
6529 Riverside Ave., Suite #230
Riverside, CA 92506
(951) 781-0811 (phone)
(951) 781-8435 (fax)
FSM Initials:
Date:
2
ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
GF&FRIEDRICH
& ASSOC., INC.
CONSULTING CIVIL ENGINEERS
July 10, 2009
Mr. Jon Salazar, P.E.
Associate Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Subject: Professional Engineering Services Proposal for the Re-design and Renovation of the
Drainage Structure Located Approximately 400 feet South of the Intersection of De
Portola Road and Villa Del Sur. ( Ref. Project No PW06-10)
Dear Mr. Salazar
GFB-Friedrich & Assoc., Inc. (GFBF) is pleased to submit the following proposal, at the request
of City of Temecula staff, to provide professional engineering services for the re-design of the
subject drainage structure renovation project. In preparing this, proposal, we are assuming that
this project is an amendment to the existing Professional Services Agreement between the City
of emecula and GFBF for the design of the De Portola Road R:.habilitation Project; subject to
all terms and conditions thereof.
Any planning or environmental approvals will be processed by the City of Temecula or will be
provided by others. It's GFBF's understanding that a project such as the repair/renovation of this
drainage structure does riot require a CEQA. evaluation, and therefor, no environmental analysis
of any kind is included in this proposal. In addition, there will be no utility research and no
specification writing within this proposal.
Existing Conditions
A downstream drainage structure exists about 400 feet south of the intersection of De Portola
Road and Villa Del Sur. An earthen channel carries storm drainage from said intersection south
to the drainage structure. The concrete apron lip of the existing drainage structure appears to be
0.82 feet above the outlet invert of the 30-inch diameter drainage pipe at De Portola Road. Said
apron lip is also 2.43 feet above the invert of the earth channe! immediatel} below the apron lip.
Thus the apron lip need; to be lowered 2.43 feet to facilitate proper flow and to eliminate
ponding. This may or may not be possible. Additional surveying of the earth channel (including
any existing berms) and the drainage structure will be performetii to determine whether the
existing concrete apron can be modified to accept channel drainage, or whether another means of
creating a flow from the earth channel to the 51-inch diameter storm drain outlet from the
existing drainage structure needs to be determined.
6529 RIVERSIDE AVENUE • SUITE 230 • RIVERSIDE, CALIFORNIA 92506
(951) 781-0811 • FAX: (951) 781-8435
E-MAIL: gfb-jaf0sbcg1oba1.net
Mr. Jon Salazar, P.E.
July 10, 2009
Page 2
Scope of Work
1. Obtain from the City of Temecula available as-built plans for the existing drainage structure, and
utility plans. Also obtain Assessor Parcel Maps of properties fronting the project from the
Riverside County Assessor's Office. Note that as-built plans for the existing drainage structure
have already been obtained from the City.
2. Provide field surveying of the project as follows:
■ Include all surveying from De Portola Road to the drainage structure on the same
elevation datum,
■ Shoot channel cross-sections at 100-foot intervals, including any channel side berms, to
assist in determining the earth channel capacity, including free board near the drainage
structure, and the slope of the channel approaching the structure.
3. Provide initial site review to verify existing improvements, utility locations and potential impacts
to the project.
Prepare `'sketches" and rough cost estimates for as many as three alternative designs for making
the existing drainage structure serviceable. Note that although a CEQA document will not be
prepared, the contractor must prepare and utilize various storm water BMP's/erosion control
during construction. GFBF recognizes that lowering the existing apron to match the elevation of
the earth channel is the City's preferred alternative. If the survey indicates that the preferred
alternative will work, then that's the design to be provided.
5. Attend project meeting at the Temecula City Hall which will be attended by GFB-Friedrich and
staff from the City. At this meeting, the proposed alternative designs will be reviewed and
discussed; with the preferred alternative being approved for design.
6. Prepare drainage structure renovation plan (40-scale horizontal, 4-scale vertical) for the subject
structure in AutoCAD 2005 compatible format utilizing the same City of Temecula title blocks as
were used for the De Portola Road Rehabilitation Project. The plan sheet will include, in plan
view, all known information including centerline data and monuments, adjacent property lines,
existing improvements, and existing utility locations. A detail sheet may be necessary for
reconstruction details.
7. Prepare estimate of probable construction costs for the drainage structure renovation.
8. Because of the small size of the project and the time constraints involved, the first submittal,
comprised of the plan and the estimate of probable construction costs, should be considered to be
about a 95% submittal to be plan checked by the City. GFB-Friedrich will make indicated
corrections and return a 100% plan submittal for final check.
9. Submit original plan to the City for final approval and City's reproduction of bid packages. Final
approved plan (100%) shall be submitted on wet signed and stamped 24"x36" mylars. Electronic
copies of the project design files shall also be submitted to the City.
Under this proposal, items of work not included in the Scope of Work are specifically
excluded from this proposal.
Mr. Jon Salazar, P.E.
July 10, 2009
Page 3
Project Fee
The time and materials not-to-exceed fee is summarized as follows:
Preliminary Design Analysis
Meeting with City
Design Plans, Specs & Estimate
Design Surveying (Dixon Surveying)
Reimbursable Outside Costs
$ 1,350.00
600.00
4,795.00
1,955.00
250.00
$ 8,950.00
GFB-Friedrich will submit invoices to the City monthly on a time and materials not-to-exceed
basis for work performed during the previous month (Two invoices maximum barring
unforeseen delays). Reimbursable outside costs such as blueprinting, reproduction, printing,
binding, agency fees, etc. will be billed additionally at our vendors' costs. Invoicing will be based
on the hourly rates set forth in the Schedule of Hourly Rates urtilized in the De Portola Road
Rehabilitation Project Professional Services Agreement.
Additional work outside of the Scope of Work will be invoiced on a time and materials basis per
Exhibit "A" or as negotiated with individual sub-consultants. Such additional work shall not
commence without prior authorization from the City.
Closure
This proposal is based on information supplied by the City of Temecula. We have the staff time
available to begin work immediately and we look forward to completing this project.
If you have any questions regarding this proposal, please call us.
Sincerely,
GFB-FRIEDRICH & ASSOC., INC.
/John . Friedrich, P.E.
President
JAF
PROJECT LOCATION
Project Title: PAVEMENT REHABILITATION - DE PORTOLA ROAD
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PROJECT DESCRIPTION
Project Title:
PAVEMENT REHABILITATION- DE PORTOLA ROAD
PRIORITY: 1
Project Type:
Circulation
Description:
Project will rehabilitate De Portola Road between Jedediah Smith Road and Margarita Road. Approximately 6,400 lineal feet of
roadway, or 256,400 square feet of pavement.
Department:
Public Works-Account No. 210.165.656
Scope of Project:
Project will include the environmental processing (federal clearance required), design and rehabilitation.
Benefit:
Project will improve the quality and extend the service life of De Portola Road.
Project Cost:
Actuals
Total Project
to Date 2009-10 2010-11 2011-12 2012-13 2013-14
Cost
Administration
$ 77,886 $ 120,160
$
198,046
Construction
$ 1,509,300
$
1,509,300
Construction Engineering
$ 33,204
$
33,204
Design
$ 144,054
$
144,054
Totals
$ 221,940 $ 1,662,664 $ 7$ $
$
1,884,604
Source of Funds:
Measure A
$ 221,940 $ 1,203,674
$
1,425,614
STP
$ 458,990
$
458,990
Total Funding:
$ 221,940 $ 1,662,664 $ $ $ $
$
1,884,604
Future O & M Cost:
$ 1,000 Annually
61
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Award a Construction Contract to High-Light Electric, Inc. for Traffic Signal
Interconnect Equipment Installation; Project No. PW 04-05
PREPARED BY: Mayra De La Torre, Senior Engineer- CIP
Chris White, Assistant Engineer - CIP
RECOMMENDATION: That the City Council:
Award a construction contract for Traffic Signal Interconnect Equipment Installation,
Project No. PW 04-05, to High-Light Electric, Inc. in the amount of $211,878.00, which
includes the base bid of $175,878 and Additive Bid No. 1 in the amount of $36,000.
2. Authorize the City Manger to approve change orders not to exceed the contingency
amount of $21,187.80, which is equal to 10% of the contract amount.
3. Make a finding that the Traffic Signal Interconnect Equipment Installation is exempt
from Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: The Project includes installing traffic signal interconnect equipment on
Margarita Road from Rancho California Road to Pio Pico Road including furnishing and installing
twenty four Single Mode Fiber Optic (SMFO) cable, conduit, pull boxes and communication
equipment necessary to interconnect 5 signalized intersections. This equipment installation will
complete the interconnect system and provide the capability to monitorthe traffic signal operation on
Margarita Road from Winchester Road to Pio Pico Road.
On April 28, 2009 the City Council approved the Plans and Specifications for the Project and
authorized the Department of Public Works to solicit construction bids. The Plans and Specifications
included 3 additive bids. On Thursday July 30, 2009, thirteen (13) bids were received and publicly
read aloud. Based on the base bids, the results were as follows:
1. High-Light Electric, Inc. $ 175,878.00
2. Christopher R. Morales, Inc. $ 176,150.00
3. Terno, Inc. $ 176,742.00
4. Pro Tech Engineering, Corp. $ 193,550.00
5.
Steiny and Company, Inc.
$ 200,955.00
6.
Moore Electric Contracting, Inc.
$ 217,946.00
7.
PTM General Engineering Services, Inc.
$ 232,657.00
8.
UST Development, Inc.
$ 243,205.00
9.
DBX, Inc.
$ 261,821.00
10.
Western Lightwave, Inc.
$ 280,711.16
11.
Select Electric, Inc.
$ 315,625.00
12.
HMS Construction, Inc.
$ 351,560.00
13.
Mastec North American, Inc.
$ 892,799.00
Staff has reviewed the bids and found High-Light Electric, Inc. to be the lowest responsible bidder.
High-Light Electric, Inc. has public contracting experience and has successfully undertaken similar
projects for other public agencies in Southern California.
Regarding the 3 additive bids, staff has determined the need to proceed with Additive Bid No. 1,
which includes installing traffic signal interconnect equipment on Margarita Road from Pio Pico
Road to Temecula Parkway, including furnishing and installing twentyfour SMFO cable and camera
equipment necessaryto interconnect 3 additional signalized intersections. High-Light Electric, Inc.'s
bid amount for Additive Bid No. 1 is $36,000.00.
The specifications allow for a construction duration of thirty (30) working days. The Engineer's
estimate was $320,000.00.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County
Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in
some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western
Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to
abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy
adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed
by the County and the Cities to provide primary policy direction for implementation of the MSHCP.
Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects
contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the
public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical
right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or
Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP.
The Traffic Signal Interconnect Equipment Installation Project consists of the installation of traffic
signal interconnect equipment within existing intersections; therefore, there is no new disturbed
area subject to the 5% MSHCP fees. Thus the project is exempt.
FISCAL IMPACT: The Traffic Signal Interconnect Equipment Installation, Project No. PW 04-05
is identified in the City's Capital Improvement Program, Fiscal Year 2009-2010 and is funded
through Development I mpact Fees -Traffic Signal. Adequate funds are available in Account No. 210-
165-712-5804 for this $233,065.80 request, which includes the contract amount of $211,878.00 plus
a 10% contingency of $21,187.80.
ATTACHMENTS:
Contract
Project Description
Project Location
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW04-05
TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION
THIS CONTRACT, made and entered into the 25th day of August, 2009 by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and
High-Light Electric, Inc., hereinafter referred to as "CONTRACTOR."
WITN ESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named,
mutually agree as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal,
Performance Bond, Labor and Materials Bond, Plans and Specifications entitled
PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT
INSTALLATION, Insurance Forms, this Contract, and all modifications and
amendments thereto, the State of California Standard Plans and Specifications
,(latest edition), issued by the California Department of Transportation, where
specifically referenced in the Plans, Special Provisions, and Technical
Specifications, and the latest version of the Standard Specifications for Public
Works Construction, including all supplements as written and promulgated by
Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended
by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT
EQUIPMENT INSTALLATION. Copies of these Standard Specifications are
available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction
materials, and construction methods for this Contract except as amended by the
General Specifications, Special Provisions, and Technical Specifications for
PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT EQUIPMENT
INSTALLATION.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be
used in lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms,
but not in complete detail, it is understood that the item is to be furnished and
installed completed and in place and that only the best general practice is to be
used. Unless otherwise specified, the CONTRACTOR shall furnish all labor,
materials, tools, equipment, and incidentals, and do all the work involved in
executing the Contract.
The Contract Documents are complementary, and what is called for by anyone
shall be as binding as if called for by all. Any conflict between this Contract and
any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be
performed, shall provide and furnish all the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the
following:
PROJECT NO. PW04-05, TRAFFIC SIGNAL INTERCONNECT
EQUIPMENT INSTALLATION
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the
Contract Documents hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed under the direction and
supervision, and subject to the approval of CITY or its authorized
representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be
done, the sum of: TWO HUNDRED ELEVEN THOUSAND EIGHT HUNDRED
SEVENTY-EIGHT DOLLARS and NO CENTS ($211,878.00), the total amount
of the base bid plus Additive Bid No. 1.
CONTRACTOR agrees to complete the work in a period not to exceed thirty (30)
working days, commencing with delivery of a Notice to Proceed by CITY.
Construction shall not commence until bonds and insurance are approved by
CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council,
except that the City Manager is hereby authorized by the City Council to make,
by written order, changes or additions to the work in an amount not to exceed the
contingency as established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall
submit to the Engineer a schedule of values allocated to the various
portions of the work, prepared in such form and supported by such data
to substantiate its accuracy as the Engineer may require. This schedule,
as approved by the Engineer, shall be used as the basis for reviewing the
CONTRACTOR's payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty
(30) days after submission of a payment request to the CITY, the
CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the
value of the work completed according to the bid schedule. Payment
request forms shall be submitted on or about the thirtieth (30th) day of
each successive month as the work progresses. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made sixty
(60) days after acceptance of final payment and the CONTRACTOR filing
a one-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by
law, accompanied by a certificate signed by the City Manager, stating that
the work for which payment is demanded has been performed in
accordance with the terms of the Contract, and that the amount stated in
the certificate is due under the terms of the Contract. Partial payments on
the Contract price shall not be considered as an acceptance of any part of
the work.
D. Interest shall be paid on all undisputed payment requests not paid within
thirty (30) days pursuant to Public Contracts Code Section 20104.50.
Public Contract Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public
Works Construction and Section 9203 of the Public Contract Code, a
reduction in the retention may be requested by the Contractor for review
and approval by the Engineer if the progress of the construction has been
satisfactory, and the project is more than 50% complete. The Council
hereby delegates its authority to reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with
Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay
to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar
day completion is delayed beyond the time allowed pursuant to Paragraph 4 of
this Contract. Such sum shall be deducted from any payments due to or to
become due to CONTRACTOR. CONTRACTOR will be granted an extension of
time and will not be assessed liquidated damages for unforeseeable delays
beyond the control of, and without the fault or negligence of, the CONTRACTOR
including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY.
Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall
constitute CONTRACTOR'S waiver, discharge, and release of such delay claims
against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under
Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for
compensation as to work related to the payment. Unless the CONTRACTOR
has disputed the amount of the payment, the acceptance by CONTRACTOR of
each payment shall constitute a release of all claims against the CITY related to
the payment. CONTRACTOR shall be required to execute an affidavit, release,
and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general
prevailing rate of per diem wages and the general rate for holiday and overtime
work in this locality for each craft, classification, or type of workman needed to
execute this Contract, from the Director of the Department of Industrial Relations.
These rates are available from the California Department of Industrial Relation's
Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of
such wage rates at the job site and shall pay the adopted prevailing wage rates
as a minimum. CONTRACTOR shall comply with the provisions of Section
1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall
forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or
portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this Contract, by him or by
any subcontractor under him, in violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of
construction or in preparing or delivering materials to the site shall be at the risk
of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold
harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees,
and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly
or indirectly out of the obligations herein undertaken or out of the operations
conducted by CONTRACTOR, save and except claims or litigations arising
through the sole active negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY
for any and all costs incurred by the CITY as a result of Stop Notices filed against
the project. The CITY shall deduct such costs from Progress Payments or final
payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees,
agents, or representatives has offered or given any gratuities or promises to
CITY's employees, agents, or representatives with a view toward securing this
Contract or securing favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or
marriage relationship, and that he is not in any way associated with any City
officer or employee, or any architect, engineer, or other preparers of the
Drawings and Specifications for this project. CONTRACTOR further warrants
that no person in its employ has been employed by the CITY within one year of
the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by
this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating
that all workmen and persons employed, all firms supplying materials, and all
subcontractors upon the Project have been paid in full, and that there are no
claims outstanding against the Project for either labor or materials, except certain
items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the
laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has
knowledge that any actual or potential labor dispute is delaying or threatens to
delay the timely performance of the Contract, CONTRACTOR shall immediately
give notice thereof, including all relevant information with respect thereto, to
CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such
part thereof as may be engaged in the performance of this Contract, shall at all
reasonable times be subject to inspection and audit by any authorized
representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and
its authorized representatives during manufacture and construction and all other
times and places, including without limitation, the plants of CONTRACTOR and
any of its suppliers. CONTRACTOR shall provide all reasonable facilities and
assistance for the safety and convenience of inspectors. All inspections and
tests shall be performed in such manner as to not unduly delay the work. The
work shall be subject to final inspection and acceptance notwithstanding any
payments or other prior inspections. Such final inspection shall be made within a
reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it
will not, discriminate in its employment practices on the basis of race, creed,
religion, national origin, color, sex, age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws
of the State of California shall govern the rights, obligations, duties and liabilities
of the parties to this Contract and also govern the interpretation of this Contract.
Any litigation concerning this Contract shall take place in the municipal, superior,
or federal district court with geographic jurisdiction over the City of Temecula. In
the event of litigation between the parties concerning this Contract, the prevailing
party as determined by the Court, shall be entitled to actual and reasonable
attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of
Temecula or of a local public body shall have any interest, direct or indirect, in
the contract or the proceeds thereof during his/her tenure or for one year
thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge
that no board member, officer or employee of the City of Temecula has any
interest, whether contractual, non-contractual, financial or otherwise, in this
transaction, or in the business of the contracting party other than the City of
Temecula, and that if any such interest comes to the knowledge of either party at
any time, a full and complete disclosure of all such information will be made, in
writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 (commencing with Section 1090)
or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the
Contractor is in total compliance with the Americans with Disabilities Act of 1990,
Public Law 101-336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the
Contract Documents shall be performed by depositing the same in the U.S. Mail,
postage prepaid, directed to the address of the CONTRACTOR as set forth in the
Contract Documents, and to the CITY addressed as follows:
Mailing Address: Street Address:
Greg Butler Greg Butler
Director of Public Works Director of Public Works
City of Temecula City of Temecula
P.O. Box 9033 43200 Business Park Drive
Temecula, CA 92589-9033 Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
on the date first above written.
DATED:
CONTRACTOR
High-Light Electric, Inc.
7000 Jurupa Avenue
Riverside, Ca. 92504
(951) 352-9646
By:
Erwin Mendoza
Print or type NAME
President
Print or type TITLE
By:
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
By:
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
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ITEM NO. 15
ORDINANCE NO. 09-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AFFIRMING THE RIGHTS OF THE PEOPLE TO
GATHER FOR EXPRESSIVE ACTIVITIES ON PUBLIC
STREETS, SIDEWALKS AND PARKS, ADDING CHAPTER
12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED
PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY
AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA
MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04
APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON
PRIVATE PROPERTY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 12.12, Parades and Special Events on Public Property, is hereby
added to the Temecula Municipal Code to read as follows:
"CHAPTER 12.12 PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY
12.12.010 Peoples' Right to Engage in Expressive Activities on Streets, Sidewalks,
and Parks
12.12.020 Definitions.
12.12.030 Special Event Permit Required; Authority of City Manager to Close
Streets and Permit Alcohol Sales and Use
12.12.040 Exceptions to the Special Event Permit Requirement.
12.12.050 Special Event Permit--Application.
12.12.060 Approval, Conditional Approval, Denial or Revocation by City Manager.
12.12.070 Indemnification and Insurance.
12.12.080 Departmental services charge.
12.12.090 Refunds.
12.12.100 Interfering with activity prohibited.
12.12.110 Penalty for violation.
12.12.120 Appeals.
12.12.130 Rules and regulations.
12.12.140 Unlawful to use City name without authorization.
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12.12.010 Peoples' Right to Engage in Expressive Activities on Streets,
Sidewalks and Parks
A. People may gather on sidewalks and parks for the purpose of expression,
dissemination, or communication of opinion, views, or ideas by any means, including,
but not limited to, public oratory and the distribution of literature protected by the First
Amendment to the United States Constitution ("Expressive Activities"), on any day and
at any time without a permit and without being subject to any City fees or charges.
People gathering for such purposes shall comply with all laws and ordinances, including
traffic and pedestrian laws and ordinances, and shall be subject to prior use reservations
of the parks.
(1) The following parks provide good facilities for persons to gather
for Expressive Activities: (1) Temecula Duck Pond Park; (2)
Ronald Reagan Sports Park picnic shelter area; (3) Margarita
Community Park and (4) Town Square at Mercedes St. and Main
Street in Old Town Temecula (upon completion).
(2) These are not the only parks available for Expressive Activities but
they do provide adequate space and parking for such activities.
B. Expressive Activities on a street shall require a Special Events permit under this
Chapter. Such events could create safety hazards for participants and disrupt traffic and
activities in the areas surrounding the event. The Special Events Permit process under
this Chapter will enable the City Manager and the event organizer to mitigate these
potential concerns. People who want to hold Special Events involving Expressive
Activities on a street, however, shall not be required to:
(1) Pay an application fee otherwise required by Sections 12.12.050D
and related fees;
(2) Provide insurance and indemnification for the Special Event
otherwise required by Section 12.12.070; or
(3) Pay Departmental Charges for the City's costs of accommodating
the Special Event otherwise required by Section 12.12.080.
12.12.020 Definitions
As used in this Chapter, the following words shall have then meanings set forth in this
Section unless the context clearly requires a different meaning.
A. "Block party" means a Special Event in which one or more blocks in a single
family residential neighborhood are closed for the purpose of a special event for the
persons residing in that neighborhood
B. "City Manager" means the City Manager of the City of Temecula and his/her
designee.
C. "Departmental services charges" means the actual costs that a department of the
City incurs in connection with activities for which a Special Event Permit is required
R:/Ords 2009/Ords 09-06 2
under this Chapter; including, but not limited to, costs associated with fire safety, traffic
and/or pedestrian control, water safety, the closure of streets or intersections, the
diverting of traffic, the salaries of City personnel involved in administration or
coordination of City services for the event, the cost to the City to provide support
personnel, equipment, materials, and supplies, and related City costs such as
administrative overhead, employee benefits or employee overtime.
D. "Expressive Activity" means conduct, of which the sole or principal object is the
expression, dissemination, or communication of opinion, views, or ideas by any means;
including, but not limited to, public oratory and the distribution of literature protected by
the First Amendment to the United States Constitution .
E. "Event Organizer" means any person who conducts, manages, promotes,
organizes, or solicits attendance for a Special Event.
F. "Park" means any City park or recreational facility except for the City Skate Park.
Park does not include: Temecula Library, Temecula Old Town Community Theater;
Children's Museum; Historical Museum; Community Recreation Center building,
Community Center building on Pujol Street or designated park maintenance areas.
G. "Person" means any natural person, firm, association, joint venture, joint stock
company, partnership, organization, club, company, corporation, business trust, or
manager, lessee, agent, servant, officer or employee or any of these.
H. "Sidewalk" means that portion of a street or highway, other than the roadway, set
apart for pedestrian travel by curbs, barriers, markings, or other delineation.
"Special Event" means:
1. Except as otherwise provided in Section 12.12.010 for Expressive
Activities, any organized formation, procession, or assembly of persons,
animals, vehicles, or any combination thereof, that assembles or travels
in unison on any sidewalk, or other public right-of-way owned or
controlled by the City, State of California or County of Riverside, other
than a street, consisting of seventy five (75) or more persons; or
2. Any organized formation, procession or assembly of persons,
animals, vehicles, or any combination thereof, that assembles or travels
in unison for any purpose, including Expressive Activities, on any street;
or
3. Except as otherwise provided in Section 12.12.010 for Expressive
Activities, any organized assemblage of seventy five (75) or more
persons at any public place, property or facility that gathers for a common
purpose under the direction or control of a person; or
4. Except as otherwise provided in Section 12.12.010 for Expressive
Activities, any other organized activity involving seventy five (75) or more
persons conducted by a person for a common or collective use, purpose
or benefit which activity involves the use of public property or facilities and
R:/Ords 2009/Ords 09-06 3
which may require the provision of City public services for street
blockage, erecting barriers, construction, traffic control, crowd control.
5. Examples of Special Events include, but are not limited to,
concerts, parades, circuses, fairs, festivals, block parties, street fairs,
community events, mass participation sports (such as marathons and
other running events), athletic or sporting events, and community
celebrations and observances conducted on public property or public
rights of way, other than Expressive Activities.
J. "Special Event Permit" means a permit issued pursuant to this Chapter
K. "Spontaneous Event" means any Special Event involving Expressive Activity that
is occasioned by news or affairs coming into public knowledge within five (5) days of
Special Event and is conducted in a public street.
L. "Street" means a way or place of whatever nature, publicly maintained and open
to use of the public for purposes of vehicular travel, including highways or alleys, owned
or controlled by the City, State of California, or County of Riverside.
12.12.030 Special Event Permit Required; Authority of City Manager to Close
Streets and Permit Alcohol Sales and Use
A. Special Event Permit Required. Except as otherwise provided in Section
12.12.010 for Expressive Activities, no person shall conduct, cause to be conducted,
participate or engage in, hold, manage, permit, or allow another to conduct a Special
Event without first having obtained a written Special Event Permit issued by the City
Manager pursuant to the procedures established in this Chapter.
B. Authority of City Manager to Approve Sale and/or Use Alcoholic Beverages.
The City Manager may approve and permit the sale or use of alcoholic
beverages in public areas in connection with a Special Event Permit, even where such
sale or use is otherwise prohibited by this Code, provided that such sale or use shall, at
all times, comply with all other applicable provisions of law and the terms of the Special
Event Permit.
C. Authority of City Manager to Close Streets. Pursuant to Vehicle Code Section
21101(e) and other applicable law, the City Council hereby designates the City Manager
as the city employee with authority to temporarily close a portion of any street for
celebrations, parades, Special Events, and other purposes when, in the opinion of the
City Manager, the closing is necessary for the safety and protection of persons who are
to use that portion of the street during the temporary closing. This authority exists
whether or not the closure is in connection with a permit issued under this Chapter.
D. City Not Obligated to Provide Support for Special Event. Issuance of a Special
Events Permit pursuant to this Chapter does not obligate or require the City to provide
City services, equipment, or personnel in support of an event. The City Manager may
nevertheless provide such services, equipment or personnel if such are reasonably
available and the event organizer makes provisions to reimburse the City for the cost
thereof.
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E. Traffic Control Plan Required. A Traffic Control Plan shall be required if the
Applicant proposes to close or partially close any traffic lanes within a street. The Traffic
Control Plan shall be submitted by the Applicant and approved by the City Traffic
Engineer in accordance with the Public Works Department's Guidelines for Preparation
of Traffic Control Plans.
12.12.040 Exceptions to the Special Event Permit req uirement.
A. The following activities are exempt from the Special Event Permit requirement
1. Expressive Activities described in Section 12.12.010 A.
2. Funeral processions by a licensed mortuary or funeral home;
3. Activities conducted by a governmental agency acting within the
scope of its authority;
4. Filming activities governed by the other provisions of the
Temecula Municipal Code;
5. Spontaneous Events subject to the provisions of subsection B.
6. Events in rooms rented to the public in City facilities.
B. Spontaneous Events
1. Spontaneous Events held on a sidewalk or park do not require
any permits (Section 12.12.010).
2. If a Spontaneous Event is to be held on a street or City facility
other than a sidewalk or park, the organizers thereof shall give written
notice to the City Manager at least twenty four (24) hours prior to such
parade or assembly. Such written notice shall contain all of the following
information:
a. The name, address, and telephone number of the event
organizer, who shall be considered a permittee for the purposes of
this section;
b. The name, address, and telephone number of the
headquarters of the event organizer and, if an organization is an
event organizer, the responsible head of such organization;
C. The name, address, and telephone number of the person
who will chair the Spontaneous Event and who will be responsible
for its conduct;
d. The location and date of the proposed Spontaneous Event,
including the assembly area, disbanding area, and route to be
traveled;
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e. An estimate of the approximate number of persons who
will be participating in the Spontaneous Event and an estimate of
the approximate number of persons who will be observing the
parade or assembly;
f. The time at which the Spontaneous Event will start and
conclude; and
g. The type of security or other arrangements that will be
provided to assure that participants are properly directed.
3. The City Manager may impose reasonable time, place, and manner
restrictions on Spontaneous Events in a street as provided in Section 12.12.060
whether or not said activities are governed by the permit requirements set forth in
this Chapter.
4. The City Manager may deny permission to conduct a Spontaneous Event
if the City Manager makes a finding requiring denial pursuant to section
12.12.060.
a. Such finding by the City Manager shall be made no later
than six (6) hours before the scheduled start time for the event. If
the City Manager denies permission for a Spontaneous Event, the
City Manager shall immediately provide notice of the denial,
including the reason or reasons for the denial, by telephone to the
event organizer, and shall also provide written notice of the denial
including the reason for the denial. If the event organizer provides
a fax number for the purpose of receiving notices, the City
Manager shall provide written notice of the denial by fax
immediately upon making the denial decision.
b. In lieu of denial, the City Manager may propose to the
event organizer an alternative time, route, venue, or manner of
conducting the activity that would be acceptable to the City and
that would obviate any finding made pursuant to section
12.12.070.
12.12.050 Special Event Permit--Application.
A. Filing of Application. The application for a Special Event Permit under
this Chapter shall be filed with the City Manager.
B. Time for Filing Application. Applications shall be filed not less than sixty (60)
calendar days, nor more than one (1) year before the time it is proposed to conduct the
Special Event; except for the following:
1. Applications for Block Parties shall be filed at least ten (10)
working days prior to the event.
2. Applications for Special Events involving Expressive Activities in a
street shall be filed no earlier than one year before the event and no later
R:/Ords 2009/Ords 09-06 6
than ten (10) working days before any event to take place on a street or
public facility other than a sidewalk or park.
C. Waiver of Appeal. If an applicant for an event involving an expressive activity
or block party desires to ensure the opportunity for an appeal to the City Council in
accordance with subsection 12.12.140.A, the application shall be filed with the City
Manager not less than thirty (30) calendar days, nor more than one year before the time
when it is proposed to conduct the event. Failure to file the application at least thirty (30)
days prior to the proposed activity shall be deemed to be a waiver of an appeal to the
City council and in that event the decision of the City Manager shall be final and the
event organizer or other aggrieved person may file or cause to be filed a petition for writ
of mandate in state court regarding the validity of the City Manager's decision to grant or
deny the application.
D. Application Fee. Except as otherwise provided by this Chapter or other
applicable law, rule or regulation any permit fee, application fee, daily fee, and other
additional fee (other than departmental services charges) for the use of City streets or
other City owned or controlled property pursuant to this Chapter shall be established by
the City council by resolution. As provided in Section 12.12.010, an application fee shall
not be charged for any expressive activity on a sidewalk or park nor for a Special Event
involving expressive activity in a street.
E. Expedited Processing. The City Manager shall have the authority, if
good cause is shown and the nature of the application reasonably and feasibly lends
itself to expedited processing, to consider, grant, or deny any application filed later than
the time prescribed in this section.
F. Authority to Accept Late Application. Except as otherwise provided by this Code,
the City Manager shall determine whether or not a Special Event Permit application is
complete within ten (10) business days. In the case of an event involving expressive
activity, the City Manager shall determine whether or not such application is complete
within twenty four (24) hours. Notwithstanding the City Manager's acceptance of a
completed application, no Special Event date shall be considered confirmed until a
Special Event Permit is issued.
G. Information Required in Application. Special Event Permit applications
shall be upon a form furnished by or acceptable to the City Manager and shall contain
full, complete, and detailed information including, but not limited to, the following:
The name, address, and telephone number of the event organizer;
2. Except as provided in Section 12.12.010 for Expressive Activities,
a certification that the event organizer shall be financially responsible for
any City fees, departmental services charges or costs that may lawfully
be imposed for the event;
3. The name, address, and telephone number of the event organizer,
if any, and the chief officer of the event organizer;
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4. If the Special Event is to be held by, on behalf of, or for any organization
other than the event organizer, the event organizer shall file a written
communication from such organization:
a. Authorizing the event organizer to apply for the Special
Event Permit on its behalf; and
b. Certifying that the event organizer and its principal shall be
financially responsible for any City fees, departmental services
charges or costs that may lawfully be imposed for the event;
5. A copy of the tax exemption letter issued for any applicant
claiming to be a tax exempt nonprofit organization;
6. A statement of the purpose of the Special Event;
7. A statement of any fees to be charged to participants or
spectators in connection with the Special Event;
8. The proposed location of the Special Event including a plot plan
depicting the placement of temporary structures or facilities on public
property or public rights-of-way;
9. The date and times when the Special Event is to be conducted;
10. The approximate times when assembly for, and disbanding of, the
Special Event is to take place;
11. The proposed locations of the assembly or production area;
12. In the case of a parade, marathon, or other similar event, the
specific proposed site or route, including a map and written narrative of
the route;
13. The proposed location for any disbanding area;
14. Proposed alternate routes, locations, or times, where applicable;
15. The approximate number of persons, animals, or vehicles that will
participate in the Special Event;
16. The kinds of animals anticipated to be part of the Special Event;
17. A description of the types of vehicles to be used in the Special
Event;
18. The number of bands or other musical units and the nature of any
equipment to be used to produce sounds or noise;
19. Other equipment or services necessary to conduct the Special
Event with due regard for participant and public health and safety;
R:/Ords 2009/Ords 09-06 8
20. The number of persons proposed or required to monitor or
facilitate the Special Event and provide spectator or participant control
and direction for events using City streets, sidewalks, or facilities;
21. Provisions for first aid or emergency medical services, or both,
based upon event risk factors;
22. Except as provided in Section 12.12.010 for Expressive Activities,
insurance information;
23. Any special or unusual requirements that may be imposed or
created by virtue of the proposed event activity;
24. Any other information reasonably required by the City Manager
12.12.060 Special Events Permit-Approval, Conditional Approval, Denial or
Revocation by City Manager.
A. Time for Decision. Completed applications for a permit authorizing a Special
Event shall be denied, approved, or conditionally approved by the City Manager within
thirty (30) days after the City Manager determines that the application is complete.
Completed applications for a permit involving "expressive activity" as defined in this
Chapter shall be denied, approved, or conditionally approved by the City Manager within
five (5) business days after the City Manager determines that the application is
complete. In the case of Special Event Permit involving expressive activity on a street,
the City Manager shall promptly attempt to notify the applicant orally, and provide written
notification to the applicant as soon as it is reasonably practical to do so. Such notice
shall provide detailed facts and reasons for any denial or conditional approval. The City
Manager shall consult with the City attorney before denying or conditionally approving a
permit involving expressive activity (including all activities wherein the applicant claims
or contends that the proposed event involves expressive activity) as that term is defined
in this Chapter.
B. Conditions of Approval. The City Manager may approve any Special Event
Permit with reasonable conditions concerning the time, place, or manner of holding such
event as is necessary to coordinate multiple uses of public property, assure preservation
of public property and public places, prevent dangerous, unlawful or impermissible uses,
protect the safety of persons and property and to control vehicular and pedestrian traffic
in and around the venue, provided that such requirements shall not be imposed in a
manner that will unreasonably restrict expressive or other activity protected by the
California or United States Constitutions. Conditions imposed by the City Manager may
include, but are not limited to, the following:
1. The establishment of an assembly or disbanding area for a parade
or similar event;
2. The accommodation of an event's pedestrian and vehicular traffic,
including restricting events to City sidewalks, portions of a City street, or
other public right-of-way;
R:/Ords 2009/Ords 09-06
3. Conditions designed to avoid or lessen interference with public
safety functions and/or emergency service access;
4. Limiting the number and type of vehicles, animals, or structures to
be displayed or used in the event;
5. The inspection and approval by City personnel of stages, booths,
floats, structures, vehicles, or equipment to be used or operated in the
event to ensure that such structures or vehicles are safely constructed,
can be safely operated, and conform to the requirements of all applicable
codes;
6. A cleaning deposit if the event includes using structures,
displaying or using horses or other large animals, operation of water
stations, food distribution or sales, beverage distribution or sales, and/or
sale of other goods or services;
7. The provision and use of traffic cones or barricades;
8. The provision or operation of first aid stations or sanitary facilities,
including handicap accessible sanitary facilities;
9. The provision of a waste management plan, and the clean up and
restoration of the site of the event;
10. Limits on the use of sound amplification equipment or restrictions
on the amount of noise generated by motors and other equipment used in
the course of the event;
11. Provision of reasonable notice of permit conditions to event
participants and to those businesses or residents who may be directly
affected by the conduct of the event;
12. The provision or use of emergency services;
13. The reasonable designation of alternate sites, times, dates, or
modes for exercising expressive activity;
14. The obtaining of any and all business licenses or other necessary
permits required by this code for the sale of food, beverage, or other
goods or services at the event; and
15. The manner by which alcohol sales and service, if any, shall be
conducted at the event.
16. Implementation of a Traffic Control Plan approved pursuant to
Section 12.12.030E.
C. Specific Grounds for Approval. The City Manager shall issue a permit under
this Chapter if the City Manager finds that the following criteria have been met:
R:/Ords 2009/Ords 09-06 10
1. The proposed use of the property is not governed by or subject to
any other permit procedures provided elsewhere in this code or other
applicable laws, rules or regulations;
2. The event will not substantially interrupt the safe and orderly
movement of aerial or marine navigation;
3. The event will not substantially interrupt public transportation or
other vehicular and pedestrian traffic in the area of its location;
4. The event will not conflict with construction or development in the
public right of way or at a public facility;
5. The event will not require the diversion of public safety or other
City employees from their normal duties so as to unreasonably reduce
adequate levels of service to any other portion of the City;
6. The concentration of persons, animals or vehicles will not
unreasonably interfere with the movement of police, fire, ambulance, and
other public safety or emergency vehicles on the streets;
7. The event will not unreasonably interfere with any other Special
Event for which a permit has already been granted or with the provision of
City services in support of other scheduled events or scheduled
government functions;
8. The event will not have an unmitigatible adverse impact upon
residential or business access and traffic circulation in the same general
venue area;
9. The event will not adversely affect the City's ability to reasonably
perform municipal functions or furnish City services;
10. The proposed use, event or activity will not have a significant
adverse environmental impact;
11. That in the case of a block party or other similar neighborhood
event, the applicants have submitted a petition in favor of the event which
has been signed by individuals representing at least sixty six percent
(66%) of the households on the block affected by the permit;
12. That the provisions of sections 12.12.070 and 12.12.080, if
applicable, have been or will be satisfied.
D. Specific Grounds for Denial. The City Manager may deny any application for a
Special Event Permit or revoke any such permit if the City Manager finds any of the
following:
1. The permitted event or activity will unreasonably disrupt traffic
within the City; or
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2. The permitted event or activity will unreasonably interfere with
access to police or fire stations, or other public safety facilities; or
3. The location of the event or activity will cause undue hardship to
adjacent businesses or residents; or
4. The permitted event or activity will require the diversion of so
many public employees that allowing the event would unreasonably deny
service to the remainder of the City; or
5. The application contains incomplete, false or misleading
information; or
6. The City Manager is unable to make all of the relevant findings
pursuant to subsection 12.12.060C; or
7. The applicant fails to comply with all terms of this Chapter
including failure to remit all fees and deposits, or fails to provide proof of
insurance and/or an indemnification agreement as required by this
Chapter; or
8. The event is proposed for a time and place for which another
event permit has been or will be issued to a prior applicant; or
9. The proposed area for the assembly or for the set up or dispersal
of a parade or demonstration could not physically accommodate the
number of participants expected to participate in the assembly, parade or
demonstration; or
10. The parade, assembly or demonstration is proposed to take place
on the roadway portion of any street in a commercial or retail zone
between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00)
A.M. or between the hours of four o'clock (4:00) P.M. and six thirty
o'clock (6:30) P.M., Monday through Friday, unless the parade,
assembly or demonstration will occur on a national holiday; or
11. The parade, assembly or demonstration will violate any federal,
state or local law or regulation; or
12. The applicant is legally incompetent to contract or to sue and be
sued; or
13. The applicant or the person or entity on whose behalf the
application for permit was made has on prior occasions damaged City
property and has not paid in full for such damage, or has other
outstanding and unpaid debts to the City; or
14. The proposed event would present an unreasonable danger to the
health or safety of the applicant, spectators, City employees, or
members of the public; or
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15. The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City concerning
the sale, offering for sale, or distribution of any goods or services.
E. No Consideration of Content. In determining whether to approve, deny, or revoke
a Special Event Permit for an event involving expressive activity, no consideration may
be given to the message of the event, the content of the speech, the identity or
associational relationships of the event organizer or its members or affiliates, or to any
assumptions or predictions as to the amount of hostility which may be aroused in the
public by the content of the speech or the message conveyed during the event.
F. Referral to City Departments. The City Manager may refer a Special Event Permit
application to such appropriate City departments as the City Manager deems necessary
from the nature of the application for review, evaluation, investigation, and
recommendations by the departments regarding approval or disapproval of the
application.
G. False or Misleading Statements. The City Manager may deny any application
for a permit or revoke any permit if the City Manager determines that the event sponsor
or any agent, employee or associate of any such event organizer has willfully made any
false or misleading statement in an application or has not fully complied with the
requirements of this Chapter or has violated any of the provisions of this Chapter or the
provisions of any other applicable law, rule or regulation.
H. Notice of Decision. An event organizer whose permit application is denied, or
whose permit is revoked, pursuant to this section shall be immediately notified of the
action of denial or revocation, which notification shall contain a statement setting forth
the reasons for said denial or revocation as well as a reference to the appeal provisions
set forth in section 12.12.140. Notification, pursuant to this subsection, shall be deemed
satisfied when the notice is placed, postage prepaid, in the United States mail, certified
mail, return receipt requested, and addressed to the applicant at the address shown on
the permit application.
I. Term of Permit. No Special Event Permit issued under this Chapter shall
be for a period of more than two (2) consecutive days except as otherwise provided in
this code. Notwithstanding the foregoing, the City Manager shall, upon timely
application by a permittee, extend the duration of any Special Event Permit for one
additional period of not more than three (3) consecutive days if the City Manager finds
that all criteria set forth in subsection 12.12.050.J are being met and will continue to be
met during the period of term extension.
12.12.070 Indemnification and Insurance
A. Not Applicable to Expressive Activities. The provisions of this Section shall
not be applicable to expressive activities as specifically provided in Section 12.12.010.
B. Indemnification Required. Except as otherwise provided in this section, each
permit shall expressly provide that the permittee agrees to defend, protect, indemnify
and hold the City, Temecula Community Services District, Redevelopment Agency of the
City of Temecula and their officers, employees, volunteers and agents ("Indemnified
Parties") free and harmless from and against any and all claims, damages, expenses,
R:/Ords 2009/Ords 09-06 13
loss or liability of any kind or nature whatsoever arising out of, or resulting from, the
alleged acts or omissions of permittee, its officers, agents or employees in connection
with the permitted event or activity; and the permit shall expressly provide that the
permittee shall, at permittee's own cost, risk and expense, defend any and all claims or
legal actions that may be commenced or filed against the Indemnified Parties, and that
permittee shall pay any settlement entered into and shall satisfy any judgment that may
be rendered against the City, its officers, agents or employees as a result of the alleged
acts or omissions of permittee or permittee's officers, agents or employees in connection
with the uses, events or activities under the permit.
C. Insurance Required. Except as otherwise provided in this section, concurrent
with the issuance of a permit under this Chapter and as a condition precedent to the
effectiveness of the permit, the permittee shall procure and maintain in full force and
effect during the term of the permit insurance as prescribed in regulations issued by the
City Manager. If the City Manager determines, after consultation with the City's risk
manager and the City attorney, that a particular Special Event does not present a
substantial or significant public liability or property damage exposure for the Indemnified
Parties, the City Manager shall give a written waiver of some or all insurance
requirements of this section.
D. Block Parties. The applicant for a Special Event Permit for a block party shall not
be required to indemnify the City for potential injuries that may occur at the block party.
The applicant for the Special Event Permit for a block party shall, however, be required
to provide the insurance required by this Section through his or her own purchase of
such a policy or through the payment of a fee for special City-provided insurance.
12.12.080 Departmental services charge
A. Not Applicable to Expressive Activities. The provisions of this Section shall
not be applicable to expressive activities as specifically provided in Section 12.12.010.
B. Applicant to Pay for Departmental Charaes. In addition to the payment of the
nonrefundable permit application fee or daily fee, a Special Event permittee shall pay the
City for all City departmental services charges incurred in connection with or due to the
permittee's activities under the permit. Additionally, if City property is destroyed or
damaged by reason of permittee's Special Event, the permittee shall reimburse the City
for the actual replacement or repair cost of the destroyed or damaged property.
D. Time for Final City Invoices. City departments shall submit the final invoices and
billings for departmental services charges to the City Manager or no later than twenty
(20) business days after the event giving rise to the issuance of a permit.
E. City's Co-Sponsorship of a Special Event. The City Council shall decide
whether the City will cosponsor a Special Event and, if so, the extent to which the City
will participate in the funding of the costs of the event, fees, or department service fees
based on the following factors: (1) advertisement and promotion of the City in a positive
light; (2) encouragement of visitors and customers to the City or to a portion of the City;
(3) recreational, cultural and educational opportunities for persons in the City; and (4)
and similar public purposes. If the Council decides to cosponsor a Special Event, it shall
enter into a sponsorship agreement with the permittee describing the City's contributions
in addition to the Special Event Permit.
R:/Ords 2009/Ords 09-06 14
F. Time for Payment of Deposit and City Department Service Charges. Unless
otherwise authorized by the City Manager in writing, at least three (3) days prior to a
Special Event Permitted under this Chapter, the applicant shall pay to the City a deposit
in an amount sufficient to cover the total estimated City departmental services charges
that the City Manager estimates will be incurred in connection with the permit. Said
deposit shall be paid in cash or other adequate security as determined by the City
Manager. If the deposit is less than the final charges calculated pursuant to section
12.12.100, the permittee shall pay the difference to the City within ten (10) working days
of being invoiced for such charges from the City. If the deposit is more than such final
charges, the City shall refund the difference to the permittee within the sixty (60) days
after the event.
12.12.090 Refunds.
If a permittee is unable to hold or conduct a Special Event due to inclement weather or
some other cause not within the permittee's control, and the permittee submits a written
request for the refund of such fees to the City Manager's office within ten (10) days after
the date that the use, event or activity was to have been held or conducted, the City
Manager may authorize the refund of the fees or a pro rata portion thereof, except for
actual costs incurred by the City at the time of cancellation and the nonrefundable
application fees, which have been paid by the permittee to the City in connection with a
permit issued under this Chapter.
12.12.100 Interfering with activity prohibited.
It is unlawful for any person to obstruct, impede or interfere with any authorized
assembly, person, vehicle or animal participating in a Special Event for which a Special
Event Permit has been issued.
12.12.110 Penalty for violation
Violation of the provisions of this Chapter may be enforced pursuant to the enforcement
provisions set forth in Title 1 of this code.
12.12.120 Appeals.
A. Except as provided in this Chapter, any person aggrieved by any decision of the
City Manager made pursuant to this Chapter may appeal such decision to the City
council by filing a written notice of such appeal with the City clerk within ten (10)
business days of the decision of the City Manager giving rise to said appeal. Such
appeal shall set forth, with particularity, the facts upon which the appeal is being made.
The City council shall, within sixty (60) days of receiving such notice of appeal, hold a
hearing. At such hearing, the aggrieved party is entitled to be heard and present
evidence on his/her behalf. The City council shall determine the merits of the appeal,
and the City council's determination to grant or deny the appeal shall be final. When the
necessity for a timely response so requires, the City council may refer to the matter to a
hearing officer.
B. Alternatively to the provisions of subsection 12.12.050.E, any applicant for a
Special Event Permit who is engaging in or intends to engage in "expressive activity" as
defined in this Chapter and who is aggrieved by decision of the City Manager made
R:/Ords 2009/Ords 09-06 15
pursuant to this Chapter may, at his/her election, appeal to the City council in
accordance with this section. However, any appeal taken pursuant to this section may,
by necessity, involve the postponement or delay of the activity for which a permit is
sought.
12.12.130 Rules and regulations
The City Manager is authorized to promulgate additional policies, rules and regulations
that are consistent with and that further the provisions set forth within this Chapter and
the provisions of law that pertain to the conduct and operation of a Special Event.
12.12.140 Unlawful to use City name without authorization.
It is unlawful for any event organizer to use in the title of the event the words "The City of
Temecula" or "City of Temecula", or facsimile of the seal or logo of the City of Temecula
without City Council's prior written authorization."
Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended
to read as follows:
"A. Purpose and Intent.
1. The provisions of this Chapter shall govern special events and
temporary uses on private property. Special events on public property
shall be governed by Chapter 12.12 of the Temecula Municipal Code,
Parades and Special Events on Public Property.
2. The temporary use permit allows for short-term activities,
typically less than one year in duration, which may be appropriate when
regulated. Some activities associated with a master temporary use
permit for automobile and truck dealerships may exceed one year in
duration."
Section 3. Procedural Findings The City Council of the City of Temecula does
hereby find, determine and declare that:
A. This Ordinance was processed and an environmental review was conducted as
required by the California Environmental Quality Act and the Temecula Municipal Code.
B. The Planning Commission of the City of Temecula held a duly noticed public
hearing on March 18, 2009, to consider the proposed amendments at which time the City staff
and interested persons had an opportunity to, and did testify either in support or opposition to
the matter.
C. Following consideration of the entire record of information received at the public
hearing and due consideration of the proposed amendments, the Planning Commission adopted
Resolution No. 09-06, recommending that the City Council approve the proposed amendments
to Titles 12 17 of the City of Temecula Municipal Code.
D. On July 28, 2009, the City Council of the City of Temecula held a study session
on the Ordinance at which time members of the public had the opportunity to comment on the
Ordinance.
R:/Ords 2009/Ords 09-06 16
E. On August 11, 2009, the City Council of the City of Temecula held a duly noticed
public hearing on the Ordinance at which time all persons interested in the Ordinance had the
opportunity to and did address the City Council on Ordinance and the matters set forth therein
and following receipt of all public testimony closed the hearing.
Section 4. Environmental Findings. The City Council hereby makes the following
environmental findings and determinations in connection with the approval of this Ordinance
(the "Project"):
A. Although exempt from the requirements of the California Environmental
Quality Act ("CEQA') pursuant to Section 15323 of the State CEQA Guidelines as the regulation
of on-going, normal activities on existing City streets and parks, City staff prepared an Initial
Study of the potential environmental effects of the approval of the Project. Based upon the
findings contained in that Study, City staff determined that there was no substantial evidence
that the Project could have a significant effect on the environment and a Negative Declaration
was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public comment
period commenced on March 2, 2009 and expired on April 16, 2009. Copies of the documents
have been available for public review and inspection at the offices of the Department of
Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California
92589.
C. The City Council has reviewed the Negative Declaration and all
comments received regarding the Negative Declaration prior to and at the August 11, 2009
public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will
have a significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the City Council.
D. Based on the findings set forth in this Resolution, the City Council hereby
adopts the Negative Declaration prepared for the Project.
Section 5. 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 6. The City Clerk shall certify to the adoption of this ordinance and cause the
same to published as required by law.
R:/Ords 2009/Ords 09-06 17
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
25th day of August, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 09-06 was duly introduced and placed upon its first reading at a meeting
of the City Council of the City of Temecula on the 11th day of August, 2009, and that thereafter,
said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof
held on the 25th day of August, 2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2009/Ords 09-06 18
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 1 6
ACTION MINUTES
of
AUGUST 11, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:16 PM.
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
Present: Comerchero, Edwards, Naggar, Washington
Absent: Roberts
CSD PUBLIC COMMENTS
There were no public comments.
CSD CONSENT CALENDAR
Action Minutes - Approved Staff Recommendation (4-0-1) - Director Comerchero
made the motion; it was seconded by Director Edwards; and electronic vote
reflected approval of those present - President Roberts was absent.
RECOMMENDATION:
11.1 Approve the action minutes of July 28, 2009.
Notice of Completion for Murrieta Creek Multi-Purpose Trail - Project No. PW01-27 -
Approved Staff Recommendation (4-0-1) - Director Comerchero made the motion; it
was seconded by Director Edwards; and electronic vote reflected approval of those
present - President Roberts was absent.
RECOMMENDATION:
12.1 Accept the Murrieta Creek Multi-Purpose Trail Project - Project No. PWO1 -27, as
complete;
12.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one (1) year Maintenance Bond in the amount of
10% of the contract amount;
12.3 Release the Labor and Materials Bond seven (7) months after filing the Notice of
Completion if no liens have been filed.
Margarita Officials Association Agreement - Approved Staff Recommendation (4-0-1) -
Director Comerchero made the motion; it was seconded by Director Edwards; and
electronic vote reflected approval of those present - President Roberts was absent.
RECOMMENDATION:
13.1 Approve an Agreement between the Temecula Community Services District and
Margarita Officials Association to provide adult softball league and tournament
officiating services in the amount of $40,000.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:18 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, August 25, 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.
Chuck Washington, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
ITEM NO. 17
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: August 25, 2009
SUBJECT: Approval of the Specifications and Authorization to Solicit Construction Bids for
City Hall Parking Lot Improvement.
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors:
Approve the specifications for the Project.
2. Authorize the Community Services Department to solicit constructions bids for the City
Hall Parking Lot Improvement.
BACKGROUND: In April of 2008, the north-east portion of the City Hall parking lot was re-
surfaced due to deterioration. Staff recommends resurfacing the remainder of the City Hall parking
lot due to deteriorated conditions.
The specifications have been prepared and the project is ready to be advertised to obtain
construction bids. The contract documents are available for review in the Community Services
Department office.
The Construction Estimate for this project is $120,000.00
FISCAL IMPACT: The estimated construction cost to re-surface the parking lot is $120,000.00.
An appropriation from TCSD Fund Balance will be required to fund this expenditure.
ATTACHMENTS: Location Map
Specifications
Requirements
TEMECULA COMMUNITY SERVICES DISTRICT
SPECIFICATIONS FOR CITY HALL PARKING LOT IMPROVEMENTS PROJECTS
These bid items are:
1. Remove existing asphalt drive 5" in depth and haul away, approximately 7,500 SF,
pave drive with 5" asphalt, adjust three (3) sewer cans and four (4) water cans in
main drive to grade 1
2. Remove the damaged asphalt in three (3) areas 4" in depth and haul away,
approximately 600 SF, pave the three (3) areas with 4" asphalt.
3. Grind existing asphalt 1" in depth and haul away, approximately 27,000 SF. Clean,
apply tack coat and resurface to grinded areas with 1 % " asphalt.
4. Remove and replace damaged concrete curb and gutters, approximately 7 SF
5. Restripe areas affected by paving
6. Clean and apply one coat of slurry seal over entire parking lot and roadway,
approximately 80,000 SF and restripe entire parking lot per existing layout
7. Scrape and paint existing red curbs approximately 1,000 LF
8. Saw cut, remove and haul away existing concrete with Truncated Domes, three (3)
door entrance approximately 135 SF. Form, pour and finish 6" concrete with Armor
Tile Truncated Domes, three areas (3) approximately 135 SF
R:VA.NIGOW MEMOSWEMOS 09-10',0ty Hall Parking Lot # 3 072109.doc
Requirements from the Contractor include the following:
The classification of the Contractor's license required to perform this work is Class C- 12
"Earthwork and Paving Contractor".
A City of Temecula Business License is required.
The required insurance is as follows: Commercial General Liability, Automobile Liability
and Workers Compensation (per occurrence $1,000,000.00) naming the City of
Temecula as Additional Insured.
All work shall be performed using the latest prevailing wages published by the State
Department of Industrial Relations.
All work required in this contract shall be performed according to the specific
requirements of the C -12 license from the Contractor's State License Board and if
applicable, the Standard Specifications for Public Works Construction Green Book and
the City of Temecula Public Works Department Standard Drawings for Public Works
Construction.
The work to be performed within three weekends (3) after the execution of the contract
and the Notice to Proceed has been issued.
Payment will not be processed without a certified payroll and Contractor's Affidavit and
Final Release attached to all invoices.
If you have any questions and/or concerns regarding this request, please contact Matt Wiechec at
Temecula Community Services Department, at (951) 694-6480
Sincerely
Jerzy Kanigowski
Facility Services Manager
R:VA.NIGOW MEMOSWEMOS 09-10',0ty Hall Parking Lot # 3 072109.doc
REDEVELOPMENT
AGENCY
ITEM NO. 18
ACTION MINUTES
of
AUGUST 11, 2009
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:18 P.M.
CALL TO ORDER: Chair Person Ron Roberts
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington,
Roberts
Present: Comerchero, Edwards, Naggar, Washington
Absent: Roberts
RDA PUBLIC COMMENTS
There were no public comments.
RDA CONSENT CALENDAR
Action Minutes - Approved Staff Recommendation (4-0-1) - Agency Member
Washington made the motion; it was seconded by Agency Member Edwards; and
electronic vote reflected approval of those present. Chair Person Roberts was
absent.
RECOMMENDATION:
14.1 Approve the action minutes of July 28, 2009.
Approve Service Agreement for Old Town Temecula Holiday Lights Project - Approved
Staff Recommendation (4-0-1) - Agency Member Washington made the motion; it
was seconded by Agency Member Edwards; and electronic vote reflected approval
of those present. Chair Person Roberts was absent.
RECOMMENDATION:
15.1 Approve the service agreement with Southern California Lighting in the amount of
$50,000 for the 2009 Old Town Temecula Holiday Lights Project. This project will
be paid by the Temecula Redevelopment Agency.
RDA BUSINESS
Owner Participation Aareement and Loan Aareement between BRIDGE SC. LLC, a
California limited liability company and the Temecula Redevelopment Agency for the
development of 90 Affordable Housing Units - Approved Staff Recommendation (4-0-1)
- Agency Member Washington made the motion; it was seconded by Agency
Member Comerchero; and a roll call vote reflected approval of those present - Chair
Person Roberts was absent.
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 09-06
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING "AN OWNER PARTICIPATION AGREEMENT AND
LOAN AGREEMENT" BETWEEN THE AGENCY AND BRIDGE SC LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, AND THE ACQUISITION OF
PROPERTY BY THE AGENCY FROM BRIDGE SC LLC, A CALIFORNIA
LIMITED LIABILITY CORPORATION
The following speakers spoke in favor of the project:
Brad Wiblin, representing Bridge Housing Corporation
Doris Godinez
Pastor Steve Struikmans
Ginger Hitzke
Kristian Blanchard
Anne Unmacht
The following speakers spoke in opposition to the project:
Tom Vining
Duke Seino
Barry J. Marr
Carol Monroe
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 9:05 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, August 25, 2009, 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]
ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
Greg Butler, Director of Public Works
DATE:
August 25, 2009
SUBJECT:
Amendment No. 2 to the Professional Services Agreement with Nichols, Melburg
& Rossetto for Additional Services Associated with the Old Town Infrastructure
Project - Parking Structure and Office/Retail PW 06-07(1 D)
RECOMMENDATION: That the Agency Members approve Amendment No. 2 to the
Professional Services Agreement with Nichols, Melburg & Rossetto (NMR) for additional services
associated with obtaining LEED Certification of the Old Town Infrastructure Project, Parking
Structure and Office/Retail in the amount of $159,388.00 and authorize the Chairperson to execute
the amendment.
BACKGROUND: On August 26, 2006 the Agency Board approved a professional
services agreement with NMR for design of the Parking Structure, Office Retail, Town Square and
Mercedes & Main Street improvements. Since that time Amendment 1 was approved
administratively to extend the term of the Agreement through June 30, 2010.
With the City's commitment to sustainable or "green" development and to highlight the multitude of
sustainable components incorporated into the Parking Structure and Civic Center projects
("Project"), a strong interest has been expressed in obtaining certification of this Project through the
Leadership in Energy and Environmental Design (LEED) Green Building Rating System developed
by the U.S. Green Building Council (USGBC). In order to obtain certification an extensive effort
must be undertaken to prove that the design elements and construction methods meet USGBC
guidelines as well as payment of USGBC fees. The four levels of certification, lowest to highest, are
awarded as: Certified, Silver, Gold and Platinum. A preliminary review resulted in recommending
that the City seek certification of both the Civic Center & the Parking Structure as a single project
rather than individually. We are confident that silver certification can be obtained with the elements
already incorporated and construction methods present in our existing contracts.
Some of the more innovative and cost saving sustainable elements and programs incorporated into
the Project are the Photovoltaic (solar) System and the use of highly efficient evaporative HVAC
systems. The Project also participated in the Southern California Edison (SCE) Savings by Design
program. The SCE program provides rebate incentives for the use of high efficiency items (e.g.,
HVAC systems, energy efficient lighting, etc) and for the use of design elements that will reduce
electrical demand (e.g., use natural light and reflective roof surfaces). The City incorporated many
of these elements into the Project and we anticipate receiving a rebate from SCE of approximately
$190,000. A Photovoltaic (PV) System will be constructed on top of the Parking Structure. The PV
System is designed to provide for 90 percent of its electrical demand, the maximum permitted by
SCE. The City will be receiving a rebate through the State of California Solar Initiative Program in
the amount of $119,000 for incorporating the PV system into the Project. In addition to these
onetime rebates, the City will gain the long term benefit of significantly reduced energy costs from
these and other improvements incorporated into the Project.
Staff requested a comprehensive cost proposal for the necessary professional commissioning
services to seek LEED certification of the Project from the Project Architect NMR. The cost of the
additional work, including application fees, is $159,388 for the Parking Structure and $236,520 for
the Civic Center or $395,908 for the Project. This cost is less than 1 % of the overall construction
cost of the Project and is within reasonable industry standards. It is important to point out that the
cost of LEED certification is offset by the aforementioned rebates and the long term reduction in
energy costs. The certification also highlights and confirms the City's commitment to sustainable
development. Although there is an initial added cost over non-commissioned (certified) projects,
studies show savings in operations of $4 over the first five years of occupancy as a direct result of
every $1 invested in commissioning.
The work required to commission/certify the Parking Structure portion of the Project, $159,388, will
require an amendment to NMR's Parking Structure design agreement. Although the
recommendation before the Agency Members is to increase the design consultant's allowable
compensation by $159,388, this additional design cost will be offset by unencumbering this same
amount from unspent Parking Structure construction contingency. The construction of Parking
Structure is well over 50% complete and 9.1 % of the original 10% construction contingency will still
be available after unencumbering the funding for the LEED commissioning/certification. There are
sufficient contingency funds within NMR's Civic Center design agreement to address the
commissioning/certification costs for the Civic Center portion of the Project.
FISCAL IMPACT: NMR's original agreement for design of the Old Town Infrastructure
projects, which include the Mercedes & Main Street Improvements, the Town Square and the
Parking Structure, totaled $1,836,105, including a 10% contingency. The proposed amendment for
additional work will increase the allowable compensation for NMR's agreement by $159,388.00. To
fund this additional work it will be necessary to liquidate $159,388 from unspent contingency funds
from the Parking Structure construction contract. The Street, Town Square and Parking Structure
projects are funded by RDA tax allocation bonds and Development Impact Fees - Police.
ATTACHMENTS
Location Map
Project Description
NMR Amendment No. 2
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PROJECT DESCRIPTION
Project Title:
Project Type:
Description:
Department:
Scope of Project:
Benefit:
Project Cost:
Administration
Construction
Construction Engineering
Design
Fixtures/Furn/Equip
Totals
Source of Funds:
OLD TOWN INFRASTRUCTURE PROJECTS - PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: 1
Housing/Redevelopment
Project will construct a three story parking structure east of Mercedes Street at Third Street, to accommodate roughly 400 parking
spaces, as well as integral office/retail shells fronting Mercedes Street.
RDA/Public Works - Account No. 210.165.644
Project will include design and construction of a three story parking structure on Mercedes Street at the foot of Third Street.
Project will include approximately 8,500 square feet of office/retail space.
Project continues to promote the revitalization of Old Town.
Actuals
to Date
$ 43,604
$ 2,303,556
$ 80,115
$ 1,375,203
2009-10
$
225,396
$
14,601,803
$
242,385
$
192,938
$
465,000
Total Project
2010-11 2011-12 2012-13 2013-14 Cost
$
269,000
$
16,905,359
$
322,500
$
1,568,141
$
465,000
$ 3,802,478 $ 15,727,522 $ - $ - $ - $ - $ 19,530,000
Capital Project Reserves $ 522,919 $ 522,919
DIF (Police Facilities) $ 499,049 $ 499,049
RDA (Bonds) $ 3,279,559 $ 15,228,473 $ 18,508,032
Total Funding: $ 3,802,478 $ 15,727,522 $ - $ - $ - $ - $ 19,530,000
Future O & M Cost: N/A
171
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE TEMECULA REDEVELOPMENT AGENCY AND NICHOLS, MELBURG & ROSSETTO
OLD TOWN INFRASTRUCTURE PROJECTS PW06-07
THIS SECOND AMENDMENT is made and entered into as of August 25, 2009 by and
between the Temecula Redevelopment Agency, a municipal corporation (hereinafter referred to
as "Agency"), and Nichols, Melburg & Rossetto, a Corporation (hereinafter referred to as
"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On August 22, 2006, the Agency and Consultant entered into that certain
Agreement entitled "Agreement for Professional Consultant Services", in the amount of One
Million Six Hundred Sixty Nine Thousand One Hundred Eighty Seven Dollars and No
Cents ($1,669,187.00).
30, 2010.
b. On July 1, 2008 the agreement was amended extending the term to June
C. The parties now desire to change the TERM and PAYMENT and amend
the Agreement as set forth in this Amendment.
2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as
follows:
This Agreement shall remain and continue in effect until tasks herein are
completed, but in no event later than September 30, 2010 unless sooner
terminated pursuant to the provisions of this Agreement.
3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is
hereby amended to read as follows:
The Agency agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment are null and void. The Second Amendment
amount shall not exceed One Hundred Fifty Nine Thousand Three
Hundred Eighty Eight Dollars and No Cents $159,388.00 for
additional work associated with LEED Certification for a total Agreement
Amount of One Million Eight Hundred Twenty Eight Thousand Five
Hundred Seventy Five Dollars and No Cents $1,828,575.00.
4. Exhibit A to the Agreement is hereby amended by adding thereto the
items set forth on Attachment A to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
5. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
Temecula Redevelopment Agency
Nichols, Melburg & Rosseto
(Two Signatures if required by corporate papers)
By:
Ron Roberts, Chairperson
By:
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
By:
APPROVED AS TO FORM:
Mike Lusso, Principal
Les Melburg, Principal
By:
Peter M. Thorson, City Attorney CONTRACTOR
Nichols, Melburg & Rossetto
Mike Lusso
300 Knollcrest Drive
Redding, CA 96002
(530) 222-3538
lusso@nmrdesign.com
FSM Initials:
Date:
77771
2
PtTC"Ac H M XE NT A
July 31, 2009
Mr. David McBride, Senior Engineer
City of Temecula Department of Public Works
43200 Business Park Drive
Temecula, CA 92590
RE: Proposal for LEED and Commissioning Consulting Services
Temecula Civic Centerfremecula Parking Structure
Dear Mr. McBride:
On behalf of the Design Team, thank you for the opportunity to provide this proposal.
Pursuant to the City's request, and per the discussions during and after our 6/24/09 LEED kickoff
meetings, this proposal provides separate consulting fee quotations for the Civic Center and Parking
Structure; and is based on the assumption that the two projects will be combined for purposes of LEED
scoring and commissioning.
At this time, I can report that, as expected, it appears that the combined project will score higher than
would either of the two projects individually. As you know, the City's original goal was to achieve LEED
Silver Certification for the Civic Center and, if possible, for the Parking Structure as well (with Basic
Certification being the fallback position for the latter). It now appears that the combined project could
possibly achieve Gold Certification, subject to satisfactory completion of the process. (To clarify, there are
no additional Design Team fees associated with the higher level of certification.)
Our proposed scope of services is comprehensive, and includes our LEED Consultant(Bulk)ing
Commissioning Consultant, WCS/Ca (Jim Ogden); along with NMR, and our Mechanical and Electrical
consultants for each of the two projects. Attached to this proposal for your review are the proposals NMR
has received from each consultant. As detailed in "Exhibit A' and "Exhibit B" hereto, the total services
fees are as follows:
Civic Center
Parking Structure
Total LEED/Commissioning Services Fee (Both Projects)
There are several items to clarify:
;236;440- 2 36j 520
154, 388
goo
1. As discussed during the 6/24/09 kickoff meetings, the WCS/Ca proposal ("Exhibit C" hereto) includes
line items for completing the Contractor LEED Templates for the Civic Center (Task 1b; $6,600), and
for the Parking Structure (Task 4b; $6,600).
2. The WCS/Ca proposal also includes line items for Enhanced Commissioning for the Civic Center
(Task 3; $22,600) and for the Parking Structure (Task 6; $11,500). These are optional; however, as
you know, they will facilitate LEED credits for Enhanced Commissioning, which will most likely help
the City achieve its certification goals. In addition, there typically are significant long-tens O&M
savings associated with Enhanced Commissioning.
3. As discussed, our overall fee breakdown for each project (see "Exhibit A" and "Exhibit B" hereto)
includes modest contingency allowances, primarily to fecilitate the Design Team's preparation of
Architectural Bulletins and related documents which will most likely be necessary in order to capture
some of the LEED points we are targeting.
300 Knolicrest Drive NICHOLS a MELBURG & ROSSETTO Redding, CA 96002
(530) 222-3300 www.nmrdosign.com Fax (530) 222-3538
A Tr><<Gti M~tJT Pc
4. NMR's portion of the fees correlates to work we will need to do for some of the specific LEED points
being pursued (including, as we've discussed, some "reconstruction of events" related to the design
and construction documents phases), along with more intensive review of Sustalnability Submittals,
with the requisite back-and-forth; as well as our overall coordination and administration of this
process. However, to clarify, in an effort to control costs this proposal includes no "10% markup" of
our sub-consultants' fees, although this would be allowed by our current Phase I and Phase II
contracts with the City.
5. As we've discussed, the Design Team resources necessary to complete this process will be slightly
greater than typical, due to the process being initiated at the City's direction during the Construction
Phase. However, given the combined "as bid" value of the two projects (t $47.3 million), we believe
our proposed fees (approximately 0.008%) are well within industry standards.
6. Consistent with industry standards, this proposal Includes the following provision relative to
professional standard of care and anticipated results, similar to that noted in WCS/Ca's attached
proposal:
" The LEED system includes an ongoing process of refinement. NMR makes no warranty, either
expressed or implied, nor guarantees as to its findings, recommendations, or professional advice;
except that NMR will conduct this project on a 'best efforts' basis, pursuant to generally accepted
standards of professional practice in effect at the time of performance. While we maintain that our
consultant team is knowledgeable In the LEED rating system and process, we cannot guarantee the
quality of documentation we will receive from others, or that the LEED review committee will agree
with our interpretation of certain credit points."
7. As agreed, if the City accepts this proposal, these additional services will be incorporated via Extra
Work Authorization (EWA) into NMR's existing Agreements for ArchitecturaVEngineering Services for
Phase I (relafive to the Parking Structure) and for Phase II (relative to the Civic Center).
8. Services for each project will be billed monthly, based on percentage of completion. Applicable
reimbursable expenses will be billed in accordance with the existing Agreements.
As always, we'd be happy to adjust our scope of services and fees, if necessary to better meet the City's
needs. Again, thank you for the opportunity to be of continued service. Should you have any questions or
rego further information, please don't hesitate to contact me.
Michael Lusso
Principal Architect
NMR Architects
Attachments:
- "Exhibit A": LEED/Commissioning Services Fee for Civic Center.
- "Exhibit B': LEED/Commissioning Services Fee for Parking Structure.
- "Exhibit C": WCS/Ca Proposal (dated May 26, 2009), with M. Lusso annotations.
- "Exhiblt D": Costa Engineers, Inc., Proposal (dated July 7, 2009).
- "Exhibit E": Konsortuml Proposal (dated May 29, 2009).
- "Exhibit F": Zeiger Engineers, Inc. Proposal (dated June 25, 2009).
300 Knollcrest Drive NICHOLS " MELBURG & ROSSETTO Redding, CA 96002
(530) 222-3300 www.nmrdesign.com Fix (530) 222-3538
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May 26, 2009
Mr. Mike Lusso
NM&R Architects
300 Knoll crest Drive
Redding, CA 96002
Re: Revised Proposal for LEED and Commissioning Consulting Services
Temecula Civic Center Complex
Dear Mike:
Please find our proposal for LEED Consulting and Building Commissioning services for the new
Temecula Civic Center development. From our preliminary review of the two LEED projects,
WCS/Ca believes the Parking Facility is designed to LEED Certified level and the Civic Center is
WC S I Ca
designed to LEED Silver level. Every opportunity will be explored to raise both of these projects to
the next higher certification level. No additional fee is required for increasing the LEED certification
levels.
Green Building and
Commissioning Specialists
Civic Center Task 1- LEED Consultancy
Newport Beach
WCS/Ca will collaborate with the Project Team to support development of complete LEED
Citrus Heights
submittals for the building by providing the following tasks:
www,wcsco.com
iouden@wcsca.com
Construction Phase
• General Project and Construction Document Review
P: 866.975.7070
C' 916 208 3937
• LEED Kick-Off Meeting
• LEED Management and Administration
• Monthly LEED Progress Meetings and LEED Score Sheet Updates
• Provide General LEED assistance
• LEED Letter Templates review and quality assurance
Close-Out/Record
• Assist in responding to USGBC Audit Questions
• Assist with 2 LEED Credit Interpretation Rulings (CIR)
• Final Close-Out Meetings
1a. Total LEED Consultancy Fee: $58,450.00
1b. Additional Cost to Complete Contractor LEED Templates $6,600.00
Civic Center Task 2 • Fundamental Cx, LEED Prerea EADt
WCS/Ca will provide all the required commissioning documentation and coordination to
meet the LEED requirements.
• Review Plans, Specs and Basis of Design (Program)
• Cx Kick-Off Meeting
• Coordination meetings
• Develop & Implement Cx Plan
• Verify MEP Equipment Installation
• Verify MEP Equipment Performance
• Complete Cx Report
aTC-~~M~N-~- a
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2. Total Fundamental Cx Fee: $91,930.00
Civic Center Task 3 • Enhanced Cx. LEED Credit EA3
WCS/Ca will provide all the required commissioning documentation and coordination to
meet the LEED requirements.
• Cx Design Review
• Review Contractor Submittals
• Write Cx Systems Manual
• Verify Training of operating personnel
• Perform 10-month review of systems
3. Total Enhanced Cx Fee
$22,600.00
Parking Facility Task 4 - LEED Consultancy
WCS/Ca will collaborate with the Project Team to support development of complete LEED
submittals for the building by providing the following tasks:
Construction Phase
• General Project and Construction Document Review
• LEED Management and Administration
• Monthly LEED Progress Meetings and LEED Score Sheet Updates
• Provide General LEED assistance
• LEED Letter Templates review and quality assurance
Close-OutfRecord
• Assist in responding to USGBC Audit Questions
• Assist with 2 LEED Credit Interpretation Rulings (CIR)
• Final Close-Out Meetings
4a. Total LEED Consultancy Fee: $45,850.00
4b. Additional Cost to Complete Contractor LEED Templates $ 6,600.00
Parking Facility Task 5 • Fundamental Commissioning, LEED Prereg EAD1
WCS/Ca will provide all the required commissioning (Cx) documentation and coordination
to meet the LEED requirements for the HVAC, lighting and photovoltaic (PV) systems.
• Review Plans, Specs and Basis of Design (Program)
• Coordination meetings
• Develop & Implement Cx Plan
• Verify MEP Equipment Installation
• Verify MEP, Lighting and PV Equipment Performance
• Complete Cx Report
5. Total Fundamental Cx Fee.
$52,000.00
Page 2 of 4
Pal f'RGt~ NAV UT fz
11 EXK (13(t C
t'• 3 cF
Parkin Facility Task 6 • Enhanced Cx. LEED Credit EA3
WCS/Ca will provide all the required commissioning documentation and coordination to
meet the LEED requirements.
• Cx Design Review
• Review Contractor Submittals
• Write Cx Systems Manual
• Verily Training of operating personnel
• Perform 10-month review of systems
6. Total Enhanced Cx Fee
Fee Proposal Summary
Civic Center
Task to - LEED Consulting
Task tb -Contractor Templates
Task 2 - Fundamental Commissioning
Task 4a - LEED Consulting
Task 4b - Contractor Templates
Task 5 - Fundamental Commissioning
Task fi - Enhanced rnmmiscinninn
y A/1 Task Discount
All Task Total
Ciq-NNOrA-77o1u5 a ~9 ~t • C.GS$o
$11,500.00
$58,450.00
$ 6,600.00
`1F NP I SQo
$45,850.00 61280
$ 6,600.00
$52,000.00 173 78O
' Mt
<$10,530.00> 43
;2115,000.00/
Z
Task Assumptions 1201
1) LEED project registration and certification fees are not included and would be considered
reimbursable costs. These fees are as follows:
Proiect Registration Certification 2(9 4
Civic Center $450.00 $6,280.00
Civic Center Parking Facility $450.00 $3,388.00
2) The Project Team will be responsive to WCS/Ca requests for information.
3) Monthly LEED progress meetings will normally be conducted by telephone conference call.
4) If Tasks 1 b and 4b are not accepted, LEED Letter Templates will be signed by others.
5) Relevant project documents will be provided to WCS/Ca in PDF, editable electronic format,
and or hard copy at the discretion of WCS/Ca to best facilitate information management and
electronic commenting and transmission to provide the best service to the project.
6) WCS/Ca will be provided with hard copy plans and specifications.
7) The LEED system includes an ongoing process of refinement. WCS/Ca makes no warranty,
either expressed or implied, or guarantees as to its findings, recommendations or professional
advice except that WCS/Ca will conduct this project on a 'best efforts' basis pursuit to
generally accepted standards of practice in effect at the time of performance. While we
maintain that we are knowledgeable in the LEED rating system and process, we cannot
Page 3 of 4
A- T'pvc- mz-- 13 7
E xKi~3rr G
guarantee the quality of documentation we will receive or that the LEED review committee will
agree with our interpretation of certain credit points.
8) WCS/Ca can not be responsible for interpretations and requirements which occur after our
scope of work is substantially complete.
9) To achieve the Enhanced Commissioning Credlt, WCSICa will be provided project review
konstructability comments from design reviews during the development of the construction
documents.
Feel free to call 9 you have any questions. I look forward to working with you and the
Project Team.
Sincerely,
Jim Ogden, LEED AP
Vice President, WCS/Ca, Inc.
Page 4 of 4
A17-A,- t1MY tJ Pc
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N
COSTA ENGINEMS INC.
3274 Villa Lane, Napa, CA 94558
phone: (707) 252-9177 fax: (707) 252.6473
web: www.costaengineers.com
Agreement for Professional Services
To: Nichols Melburg & Rossetto
300 Knollerest Drive
Redding, CA 96002
Phone: (530) 222-3300
Attn.: Mike Lusso
Date: July 7, 2009
Project Name: Temecula Civic Center LEED Certification
Project Location: Temecula, California
Project Description:
Construction of new a new civic center, including city hall, city council chambers, and community center.
Scope of Services:
Assist Architect and LEED Consultant / Commissioning Agent with obtaining LEED Certificatirnt (Silver) for
the project. Cr oR
o
Revisions to the scope of d e project as defined above and field revisions to our design are not buluded in the fee. All requests for
additiorud or extra work or services must be in writing and additional fees will be negotiated.
Special Conditions:
None
Nine thousand, two hundred forty dollars ($9,240), plus reimbursable expenses.
Offered By: COSTA ENGINEERS, INC. Accepted By: NICHOLS MELBURG & ROSSETTO
Signature Date
To .X Costa. PE / President
CA License No. M16682
Signature Date
Name & Title
-1-
A1TPdGt1 M til Pr
f eXHrslr -b
P. 2 -asF 2
ESTIMATED CONSULTANT DOCUMENTATION SOFT COSTS FOR LEED SCHOOLS
WO-060-0
CREDIT
0011 1511fig
TOPIC
DOCUMENTATION TIME
DESIGN /
RESEARCH
(hours)
N ~ as a i"
COMMENTS
"YES
CREDITS"
"MAYW
CREDITS
WE 3.1
Water Use Reduction: 20% Reduction
4
WE 3.2
Water Use Reduction: 30% Reduction
2
WE 3.2
Water Use Reduction: 40% Reduction
WE 4.0
Process Water Use Reduction
EA pr 1
Fundamental Commissioning of the Building
Energy Systems
This number should be Included In the Cx fee.
EA pr 2
Minimum Energy Performance
2
EA pr 3
Fundamental Refrigerant Management
2
EA 1.0
Optimize Energy Performance
4
EA 3.0
Enhanced Commissioning
This number should be Included In the Cx fee.
EA 4.0
Enhanced Refrigerant Management
EA 5.0
Measurement & Verification
Cx
EQ pr1
Minimum IAQPerforrnance
6
EQ 2.0
Increased Ventilation
4
ED 3.1
Construction IAQ Management Plan: During
Construction
Coordinate with Contractor Cx
EQ 3.2
Construction IAQ Management Plan: Before
Occupancy
Coordinate with Contractor Cx
ED 5.0
Indoor Chemical & Pollutant Source Control
ED 7.1
Thermal Comfort: Design
6
EQ 7.2
Other
Thermal Comfort: Verification
Additional Info
2
Meetings
LEED Related Meetings
24
Subtotal (hours)
56
TOTAL $165
$9,240
ft1~~'C1 M~1J 1 Pc'
~~EKK~~tT E
C
May 29, 2009
Mr. Mike Lusso
Nichols Melburg and Rossetto
300 Knollcrest Drive
Redding, CA 96002
Re: Temecula Civic Center- LEED Support Services
Electrical Engineering Proposal
Dear Mike,
Thank you for requesting this proposal to furnish engineering consulting services for the project
referenced above. This proposal is in accordance with the information received to date.
Please refer to the attached Exhibit A for the proposed compensation pertaining to this project.
Please refer to the attached Exhibit B for the proposed engineering / consulting scope of services
pertaining to this project.
We are looking forward to working with you on this project. Please contact me if you have any questions
and / or comments regarding this proposal.
Sincerely,
KONSORTUM]
Jerry Leonhardt
Project Manager
/j I
HAPmposa1\200%0905045 dm
Attachments Exhibit "A" - Compensation
Exhibit "B" - Engineering Scope of Work
KON~ORTUI~/I~ 1 ~
(7141 66a-4200 • (7141 66a-4218 fax - 1332 E Werner Avenue • Sane Ana. Ca 52703 ww.v,konearcumt,cort,
ATA-C-"Mre-~-Yi P~
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ter` -
Temecula Civic Center -LEED Support Services
Electrical Engineering Proposal - Exhibit A
May 29, 2009
Page 1
EXHIBIT A
COMPENSATION
A. Compensation for the scope of services in accordance with the attached Exhibit B Scope of
Services, shall be based upon the following fixed fee(s):
LEED Support Services: Eight Thousand Five Hundred Dollars (118,500.00)
B. If additional services are required, the following hourly rates shall apply:
Principal
$170.00
Associate
135.00
Engineer
125.00
Project Manager
115.00
Designer
95.00
Cad Drafting
75.00
Clerical
60.00
C. Reimbursable expenses are in addition to compensation and include the expense of
reproductions, plotting, express mailing, delivery charges, travel charges, and plan check fees.
Biliing for allowed reimbursable expenses will be as follows:
At cost plus 10%.
D. Total liability for this project shall be limited to the following amount, and shall not include any
claims based upon the Owners loss of revenue.
One Million Dollars ($1,000,000.00).
E. This proposal is valid for a period of sixty (60) days.
----END--
Pc`tC'P~=ttM~ ?J ~ A
340 FLL
Temecula Civic Center-LIKED Support Services
Electrical Engineering Proposal - Exhibit B
May 29, 2009
Page 1
A.
B.
EXHIBIT B
ENGINEERING SCOPE OF SERVICES
General Proiect Description:
4 5:
Prepare support documentation for LEED score card credits related to electrical design based on
the following categories:
Credits Included
SS Credit8
EA Credit Prereq 1
EA Credit 1
EA Credit 2
EA Credit 6
iEQ Credit 6.1
1DC Credit L'7
Credits Excluded
EA Credit Prereq 1
EA Credit 3
EA Credit 5
IEQ Credit 8.1
Provide photometric study and lumen calculations based upon the
current lighting design.
Provide documentation for reduced mercury content in lamps.
Fundamental Commisioning
Enhanced Commisioning
Measurement and Verification
Daylight and Views
Additional Services Not Included in the Scope of Work:
1. All backgrounds, and requested architectural details, are to be provided by the Architect
in CAD ".dwg" format.
2. Submittal of any documents to governmental agencies.
3. Detailed cost estimates - although we will assist the project's cost estimator.
4. Value engineering services when the electrical costs are within budget.
5. Services resulting from significant changes in the scope of the project's features. The
building department submittal documents are considered final design documents. Design
changes after submittal to the building department are not included in this proposal.
Minor revisions as required due to the normal evolution of the project are included.
6. Preparation or submittal of detailed photometric reports unless specifically required by
the local governmental agencies.
AT`'A<-ii MIRQ 1
Temecula Civic Center -LEED Support Services
Electrical Engineering Proposal - Exhibit B
May 29, 2009
Page 2
Dimensions and elevations for electrical devices. This proposal assumes that all critical
dimensions of electrical devices will be documented on the architectural drawings.
8. Extensive revised lighting design and engineering to comply with SS Credit 8.
"s"END«r swr
Exrf~a~T F "
ZEIGER ENGINEERS, INC.
478 3RD STREET, OAKLAND, CALIFORNIA 94607
TEL: 1510) 452-9391
FAX: (510) 452-0661
www.zeigarenginears.com
June 25, 2009
Hannah Moyer
Watry Design, Inc.
Pacific Shores Center
1700 Seaport Blvd. Suite 210
Redwood City, California 94063
RE: Photometric Analysis for LEEDS,
Parking Structure, Temecula Civic Center, CA
Dear Hannah,
Zeiger Engineers, Inc. proposes to furnish the necessary electrical engineering services in
connection with the referenced project for a total fee in the amount of $1,000.00 (one
thousand dollars and no cents), plus normal reimbursable expenses. Compensation
shall be on an hourly basis per our current rate schedule.
The scope of work shall include the following:
• Prepare photometric plans indicating the spill light beyond the property line and
toward the interstate highway, the from the roof lighting and for the building lights
along the rear driveway, and for the south parking lot. No work is required for spill
lighting along Mercedes Street.
• Coordination with Watry Design, and NMR Architects, who will prepare the LEEDS
documentation.
Please call me should you have any questions or require additional information.
Sincerely,
ZEIGER ENGINEERS, INC.
Ronald D. Zeiger, PE
President
Parking Structure - Tennecu)a Civic Center/page ( of
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: Patrick Richardson, Planning and Redevelopment Director
DATE: August 25, 2009
SUBJECT: Annual Agreements for Consulting Services with Keyser Marston Associates, Inc.
for Real Estate Economic Services and Affordable Housing Consulting Services for
Fiscal Year 2009-2010
Prepared By: Luke Watson, Management Analyst
RECOMMENDATION: That the Agency Members:
Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal
Year 2009-2010 and authorize the Redevelopment Chairperson to execute the
agreement.
2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal
Year 2009-2010 and authorize the Redevelopment Chairperson to execute the
agreement.
BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment
projects, including commercial, institutional, affordable housing and other revitalization initiatives.
Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the
Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects
for nearly ten years. The attached one-year agreement is to provide as-needed services for projects
through Fiscal Year 2009-2010. In order to assist the Agency with these activities, KMA will provide
the following menu of consulting services on an as-needed basis:
1. Market Support and Valuation
2. Fiscal and Economic Impact
3. Financial Analysis
4. Identification of Financing Sources
5. Transaction of Structuring/Negotiations
Preparation of Reuse Analyses and Summary Reports
Public Hearings and Presentations
KMA will provide all services, as requested, on a time-and materials basis subject to the attached
standard hourly billing rate schedule.
FISCAL IMPACT: The funds of $65,000 for real estate economic consulting services
have been budgeted for in account number: 280-199-999-5250 (Other Outside Services) in the
Redevelopment Agency's 2009-2010 Redevelopment Operating budget. The funds of $60,000 for
affordable housing consulting services have been budgeted for in account number: 165-199-999-
5250 (Other Outside Services) in the Redevelopment Agency's 2009-2010 20% Housing Set-Aside
Operating budget
ATTACHMENTS: Real Estate Economic Consulting Services Contract for Fiscal Year 2009-10
Affordable Housing Consulting Services Contract for Fiscal Year 2009-10
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2009-20010
FOR REAL ESTATE ECONOMIC SERVICES
THIS AGREEMENT is made and effective as of August 25, 2009 between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on August 25, 2009, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
5. PAYMENT.
a. The Agency 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 Sixty Five
Thousand Dollars and 001100 ($65,000.00) 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 Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency 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 Agency 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 Agency
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 Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to complywith 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, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency 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. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency 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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts therefrom 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, surveys, notes, and other
documents prepared in the course of providing the services to be performed pursuant to this
Agreement with the exception of computer models developed by Consultant shall become the sole
property of the Agency and may be used, reused or otherwise disposed of bythe Agencywithout the
permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency, City, and/or District, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorneyfees and expert witness fees, or liability of any kind or nature which the Agency, City, and/or
District, its officers, agents and employees may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Consultant's negligent or
wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the negligence of the Agency.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
Minimum Limits of Insurance. Consultant 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.
(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.
(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 Agency Manager. At the option of the
Executive Director, 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 Agency, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the Agency, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained bythe Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Any failure to complywith reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, its officers, officials, employees or volunteers.
(4) The 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 cancelled before the expiration date, the
issuing insurer will endeavor to mail thirty (30) days' prior written
notice to the Agency.
(6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from the
insurer, phone, fax, and/or notify the Agency via certified mail, return
receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall furnish the Agency with original
endorsements effecting coverage required by this 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 Agency. All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency'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 Agency a wholly
independent contractor. The personnel performing the services underthis Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
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 Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency 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 anyway 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 Agency, 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 Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily
provide declarations, letters of support, testimonyat depositions, response to interrogatories orother
information concerning the work performed under this Agreement or relating to any project or
property located within the Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency 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 Agency. Agency 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 Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right byAgency 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.
To Agency: The City of Temecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula. California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant: Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
16. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the
Agency. 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 Agency Board 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 Agency 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 Redevelopment Agency. 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 bythe Court's judgment, shall be entitled to reasonable attorneyfees
and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
Redevelopment Agency 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 Agencythat
no officer or employee of the City of Temecula Redevelopment Agency 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
Agency 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA REDEVELOPMENT
AGENCY
Ron Roberts, RDA Chairperson
Attest:
Susan W. Jones, MMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(699) 718-9508)
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
CADocuments and Settings\Luke.Watson\Local Settings\Temporary Internet Files\OLK2C\Consultant Prof Srvcs
200809real estate. doc
1'o,LL_9;0 >
KEYSER PSG` ! )"SOCIA.TES
ADVISORS IN rUBIAC::/PRIVATE REAL ESTATE t EVrL(.WMENr
MEMORANDUM
To:
Luke Watson, Management Analyst
Temecula Redevelopment Agency
REAL ESTATE=
)uDrymorm-1'
From:
KEYSER MARSTON ASSOCIATES, INC.
Mrofilwa Hmrstm,
GC'a:7NC~lbtlf: C7FP(LDf kt$NT
Date:
July 31, 2009
A. 0 mY R.EYsm,
Timol'HYC. KELLY
Subject:
Proposal for Real Estate Economic Consulting Services for 2009-2010
KATE EARLE rUNK
Dmit Zvi. KERK,
KobrRT I• WETmoRE
REED T.- KAN'A HA RA
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic
consulting services to assist the Temecula Redevelopment Agency (Agency) with its
KAI'MI64EN H. HEAT)
JAWS A. RAn,r redevelopment objectives. As we understand it, the Agency is pursuing a
f",W(C'.A"""""" comprehensive range of redevelopment initiatives, including commercial, institutional,
GREi°A MY c). SCE 1 Ht 1,.,
KfttNE.ENosn,,om and other revitalization endeavors. KMA is very interested in assisting the Agency, and
yE7"E L"R"TEF
DENISE propose to provide the following economic consulting services on an as-needed basis:
DENISE I41~ICrriSTAfr
#fMt4t1
• Market Support and Valuation - KMA will assist the Agency with market demand
::~rrxAU'~ ni. Tktwror
PAUL C, MARRA analyses; identification of appropriate development programs; and projection of
absorption potential and achievable r ents and prices. KMA will also work with
community stakeholders and planning and desi gn professionals to evaluate the
development potential - both commercial and residential - for specific districts or
neighborhoods.
Fiscal and Economic Impact - KMA will prepare assessments of fiscal and economic
benefits for proposed developments, including in-fill residential and commercial uses.
These assessments consider the potential impacts of a development proposal on the
surrounding community; the level of property tax and sales tax generation; and
potential benefits in terms of jobs/housing balance.
Financial Analysis - KMA will assist the Agency in reviewing the financial feasibility of
proposed developments. This task will serve the Agency in several ways:
comparison of competing proposals; identification of supportable land value, or,
alternatively, need for "gap" financing; and assessment of the overall feasibility of
alternative development concepts. Typically, the KMA pro forma analyses are used
extensively in the context of negotiations with developers and/or property owners.
1660HOTEL CIRCLENORTH,SUITE 716Y SAN DIEGO.CALIFORNIA92148* I'HONE:6197189500> FAx:6197189508
09114ndh
W W W.KMER.MARSTON.COM 19545.022
To: Luke Watson, Management Analyst
Subject: Proposal for Real Estate Economic Consulting Services
July 31, 2009
Page 2
Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners. We will assist the Agency in negotiating the terms
of land sales and public financial assistance.
Preparation of Reuse Analyses and Summary Reports - KMA will assist the Agency
with the preparation of Reuse Analyses and Summary Reports. Section 33433 of
the Health and Safety Code defines the specific process a redevelopment agency
must follow in order to dispose of public assets for purposes of private development.
This process requires that the Agency prepare a Summary Report comparing the fair
market value of the property at highest and best use, the re-use value of the property
subject to the covenants and conditi ons imposed by the Agency, and the Agency's
costs under the proposed development agreement.
• Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
09114ndh
19545.022
EXHIBIT B
PAYMENT RATES AND SCHEDULE
CADocuments and Settings\Luke.Watson\Local Settings\Temporary Internet Files\OLK2C\Consultant Prof Srvcs
200809realestate.doc
KEYSER MARSTON ASSOCIATES, INC.
PUBLIC SECTOR HOURLY RATES
2009/2010
A. JERRY KEYSER*
$280.00
MANAGING PRINCIPALS
$280.00
SENIOR PRINCIPALS'
$270.00
PRINCIPALS*
$250.00
MANAGERS*
$225.00
SENIOR ASSOCIATES
$187.50
ASSOCIATES
$167.50
SENIOR ANALYSTS
$150.00
ANALYSTS
$130.00
TECHNICAL STAFF
$95.00
ADMINISTRATIVE STAFF
$80.00
Directly related job expenses not i ncluded in the above rates are: auto mileage, air fares, hotels and
motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and
printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty
(30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
09114ndh
19545.022
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
1110/2o 8
PRODUCER (415) 957-0600 FAX: (415) 957-0577
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
$ Insurance Services
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
License No
0589960
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.
44 Montgomery St., 17th Fl.
San Francisco CA 94104
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Hartford Casualty Ins. Co
29424
Keyser Marston Associates, Inc.
INSURER B: Republic Indemnity
22179
55 Pacific Avenue Mall
INSURERc:National Union Fire Ins.
02351
San Francisco CA 94111
INSURER D:
INSURER E:
OVE AGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AT H Y V BEE 4 REDUCED BY PAID CLAIMS.
INSR
INADDT SRD
TYPE OF INSURANCE
POLICY NUMBER
PDATEYMMIDD/YYYE
POLICY MMIDDIY YN
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
000
50
X
COMMERCIAL GENERAL LIABILITY
urrencel
$
,
A
CLAIMS MADE Fx-]OCCUR
57UUNUP0340
11/11/2008
11/11/2009
MEDEXP An one person)
$ 5,000
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEITL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP G
$ 1,000,000
X POLICY JPERCOT- F-1 LO
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
X ANY AUTO
(Ea accident) '
A
ALL OWNED AUTOS
57UUNUP0340
11/11/2008
11/11/2009
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
X
HIRED AUTOS
BODILY INJURY
$
+
X
NON
OWNEDAUTOS
-
(Per accident)
-
X
Ded Comp $1000
PROPERTY DAMAGE
$
X
Ded Coll' 1000
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
R
AUTO ONLY: AG
$
EXCESSIUMBRELLA LIABILITY
FArH OCCURRENCE
$ . 4, 000, 000
X OCCUR FICLAIMS MADE
AG RE ATE
$ 4,000,000
A
DEDUCTIBLE
57RHUUN9941
11/11/2008
11/11/2009
$
X
RETENTION 0
$
B
COMPENSATION AND
WORKERS
X WC SLI U-, E - DRY
.
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
1,000,000
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBEREXCLUDED?
03954613
11/11/2008
11/11/2009
E.LDISEASE - EAEMPLOYEE
$ 1,000,000
If yes, describe under
DISEASE - POLICY LIMIT
E
L
$ 1,000,00
SPECIAL PROVISIONS below
.
.
C
OTHER Professional
945557975
11/11/2008
11/11/2009
$1,000,000 Limit Each Act
Liability-Claims
Retro Date 10/05/1976
$2,000,000 Limit Aggregate
Made
$100,000 Retention Each Act
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The Temecula Redevelopment Agency, thd.City of Temecula, its officers, officials, employees and volunteers are
included as Additional Insureds as respect to General Liability. Per the attached endorsement. CG2010 10/01
Re Project: Affordable Housing Services Contract
Temecula Redevelopment Agency
Attn: Kathy Seyers
43200 Business Park Drive
Temecula, CA 92590
ACORD 25 (2001/08)
INS025 pioapu
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIZED REPRESENTATIVE
Loretta Pearson/LPE
a ACORD CORPORATION 1988
Page 1 of 2
CG 20 10 10 01
Policy Number: 67UUNUP0340 Effective Date: 11/11/2008
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS - SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Temecula Redevelopment Agency, the City of
Temecula, its officers, officials, employees, and volunteers
It is understood and agreed that this insurance is primary and any other insurance
maintained by the Additional Insured shall be excess only and not contributing with
this insurance in regards to all operations as pertains to the named insured.
(If no entry appears above, the information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement).
A. Section II - Who is An Insured
is amended to include as an
insured, the person or
organization shown in the
Schedule, but only with respect to
liability arising out of your ongoing
operations performed for that
insured.
B. With respect to the insurance
afforded to these additional
insured(s), the following exclusion
is added:
2. Exclusions:
This insurance does not
apply to "bodily injury" or
"property damage" occurring
after:
(1) All work, . including
materials, parts or equipment
furnished in corinection with such
work, on the project (other than
service, maintenance or repairs)
to be performed by or behalf of
the additional insured(s) at the
site of the covered operations has
been completed; or
(2) That portion of "your work"
out of which the injury or damage
arises has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
engaged in performing operations
for a principal as a part of the
same project.
CG 2010 10 01
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2009-20010
FOR AFFORDABLE HOUSING SERVICES
THIS AGREEMENT is made and effective as of August 25, 2009 between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on August 25, 2009, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
5. PAYMENT.
a. The Agency 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 Sixty Five
Thousand Dollars and 001100 ($60,000.00) 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 Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency 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 Agency 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 Agency
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 Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to complywith 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, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency 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. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency 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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts therefrom 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, surveys, notes, and other
documents prepared in the course of providing the services to be performed pursuant to this
Agreement with the exception of computer models developed by Consultant shall become the sole
property of the Agency and may be used, reused or otherwise disposed of bythe Agencywithout the
permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency, City, and/or District, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorneyfees and expert witness fees, or liability of any kind or nature which the Agency, City, and/or
District, its officers, agents and employees may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Consultant's negligent or
wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the negligence of the Agency.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
Minimum Limits of Insurance. Consultant 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.
(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.
(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 Agency Manager. At the option of the
Executive Director, 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 Agency, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the Agency, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained bythe Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Any failure to complywith reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, its officers, officials, employees or volunteers.
(4) The 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 cancelled before the expiration date, the
issuing insurer will endeavor to mail thirty (30) days' prior written
notice to the Agency.
(6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from the
insurer, phone, fax, and/or notify the Agency via certified mail, return
receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall furnish the Agency with original
endorsements effecting coverage required by this 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 Agency. All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency'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 Agency a wholly
independent contractor. The personnel performing the services underthis Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
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 Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency 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 anyway 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 Agency, 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 Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency Counsel, voluntarily
provide declarations, letters of support, testimonyat depositions, response to interrogatories orother
information concerning the work performed under this Agreement or relating to any project or
property located within the Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency 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 Agency. Agency 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 Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right byAgency 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.
To Agency: The City of Temecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula. California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant: Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
16. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the
Agency. 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 Agency Board 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 Agency 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 Redevelopment Agency. 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 bythe Court's judgment, shall be entitled to reasonable attorneyfees
and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
Redevelopment Agency 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 Agencythat
no officer or employee of the City of Temecula Redevelopment Agency 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
Agency 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA REDEVELOPMENT
AGENCY
Ron Roberts, RDA Chairperson
Attest:
Susan W. Jones, MMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(699) 718-9508)
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
Document?
Gam!
KEYSE MARSTON ASSOCIATES-
ADVISORS IN PUBLIC/PRIVATE REAL. USTATE DEVELOPMENT
MEMORANDUM
"fl, F,' 1II
To:
Luke Watson, Management Analyst
REAL LSTAH
Rll)F N I Il)hh1TY1°
Temecula Redevelopment Agency
AFFOft I'10I I Fl ctlSl Nf,',i
Ect1N0M k: Df F t t OPME NT
From:
KEYSER MARSTON ASSOCIATES, INC.
A. JERRY KEYSM
Ttm01NYC. KELLY
Date:
July 31, 2009
KAEC EAKIA FUNK
DErat Iii. KERN
RMERT I:. WETMORE
Subject:
Proposal for Affordable Housing Consulting Services for 2009-2010
REEDT. KAWAMARA
KAFNL.EEN It. HFAD
IAMV,A. RAae Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for consulting
PAM C.ANOMSON services to assist the Temecula Redevelopment Agency (Agency) with its affordable
GREGORY 11. SOO-F!OO
KEVIN E. ENcSYROM housing objectives. As we understand it, the Agency is pursuing a comprehensive range
lotmL.R«m!`Y of affordable housing initiatives, including both rental and for-sale housing. KMA is very
(NN{SE l41E::kER~1 AFF
interested in assisting the,Agency, and propose to provide the following consulting
61AAL0 M moa services on an as-needed basis:
PAUL. C. MARRA
• Market Support and Valuation - KMA will assist the Agency with identification of
appropriate development programs; and estimates of the maximum affordable rents
and sales prices.
Financial Analysis - KMA will assist the Agency in reviewing the financial feasibility of
proposed developments. This task will serve the Agency in several ways:
comparison of competing proposals; the need for "gap" financing; and assessment of
the overall feasibility of alternative development concepts. Typically, the KMA pro
forma analyses are used extensively in the context of negotiations with developers
and/or property owners.
Identification of Financing Sources - The development process, in particular the
development of affordable housing, typically relies on the "layering" of various public
and private financing sources - including competitively allocated federal, state, and
local funding. KMA will work with the Agency to successfully implement affordable
and mixed-income housing developments.
16601,40TELCIRMNOWM,SUITE 716> SANDtWf,`1.CALIFORN[A92'108 * PIIONE:6197189500> FAx:6197189508
09115ndh
WWW,KMEFtMARSTON.COM 19545.021
To: Luke Watson, Management Analyst July 31, 2009
Subject: Proposal for Affordable Housing Consulting Services Page 2
• Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners. We will assist the Agency in negotiating the terms
of land sales and public financial assistance.
Preparation of Reuse Analyses and Summary Reports - KMA will assist the Agency
with the preparation of Reuse Analyses and Summary Reports. Section 33433 of
the Health and Safety Code defines the specific process a redevelopment agency
must follow in order to dispose of public assets for purposes of private development.
This process requires that the Agency prepare a Summary Report comparing the fair
market value of the property at highest and best use, the re-use value of the property
subject to the covenants and conditions imposed by the Agency, and the Agency's
costs under the proposed development agreement.
• Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
09115ndh
19545.021
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Document7
. 16 . ,
'KEYSER MARSTON ASSOCIATES, INC.
PUBLIC SECTOR HOURLY RATES
2009/2010
A. JERRY KEYSER*
$280.00
MANAGING PRINCIPALS'
$280.00
SENIOR PRINCIPALS'
$270.00
PRINCIPALS*
$250.00
MANAGERS*
$225.00
SENIOR ASSOCIATES
$187.50
ASSOCIATES
$167.50
SENIOR ANALYSTS
$150.00
ANALYSTS
$130.00
TECHNICAL STAFF
$95.00
ADMINISTRATIVE STAFF
$80.00
Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and
motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and
printing. Directly related job'expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty
(30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
09115ndh
19545.021
A CORD,w
CERTIFICATE OF LIABILIT
DATE (MMID20 08
DNYYY)
Y INSURANCE 11/101/
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER (415) 957-0600 FAX: (415) 957-0577
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
k Insurance Services
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
-.,~,cense No. 0589960
44 Montgomery St., 17th Fl.
San Francisco CA 94104
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: Hartford Casualt IRS. Co
29424
Inc.
Marston Associates
INSURER B: Republic Indemnit
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02351
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DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
officials, employees and volunteers are
officers
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The Temecula Redevelopment Agency, the City of Temecula,
ureds as respect to General Liability. Per the attached endorsement. CG2010 10/01
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included as Addit
Re Project: Affordable Housing Services Contract
Temecula Redevelopment Agency
1 Attn: Kathy Seyers
43200 Business Park Drive
Temecula, CA 92590
ACORD 25 (2001/08)
INS025 (010e).0ea
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIZED REPRESENTATIVE ~~pp
Loretta Pearson/LPE Cai~'~-Trd'`'O`✓`- -
a ACORD CORPORATION 1988
Page 1 of 2
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CG 20101001
Policy Number: 57UUNUP0340
Effective Date: 11/1112008
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS - SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Temecula Redevelopment Agency, the City of
Temecula, its officers, officials, employees, and volunteers
It Is understood and agreed that this insurance is primary and any other insurance
maintained by the Additional insured shall be excess only and not contributing with
this insurance in regards to all operations as pertains to the named insured.
(If no entry appears above, the information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement).
A. Section II - Who is An Insured
is amended to include as an
insured, the person or
organization shown in the
Schedule, but only with respect to
liability arising out of your ongoing
operations performed for that
insured.
B. With respect to the insurance
afforded to these additional
insured(s), the following exclusion
is added:
2. Exclusions:
This insurance does not
apply to "bodily injury" or
"property damage" occurring
after:
(1) All work, including
materials, parts or equipment
furnished in connection with such
work, on the project (other than
service, maintenance or repairs)
to be performed by or behalf of
the additional insured(s) at the
site of the covered operations has
been completed; or
(2) That portion of "your work"
out of which the injury or damage
arises has been put to its
Intended use by any person or
organization other than another
contractor or subcontractor
engaged in performing operations
for a principal as a part of the
same project.
CG 201010 01
RDA DEPARTMENTAL
REPORT
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Agency Members
FROM: Patrick Richardson, Planning and Redevelopment Director
DATE: August 25, 2009
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. On August 26, 2008,
the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties
to develop the project. Pelican has participated in several meetings with Old Town stakeholders
and adjacent property owners. They have worked closely with staff on site planning issues. On
January 22, 2009 the Executive Director granted a three-month extension to the Exclusive
Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff
recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency
Board approved a six (6) month extension to the ENA.
Auto Mall Sign - The Agency and Auto Dealers Association have agreed on deal points and
both parties are reviewing the loan documents at this time. The new deal as of this time will
include a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a
state of the art high definition marquee sign. Part of the agreement stipulates that the City will
have 10% of the time between sunrise and 11:00 p.m. daily to use the sign to promote City
interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old
sign will be removed. The Loan Agreement is scheduled to come before the Agency Board on
August 25, 2009
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 $80,000 is available during FY 2009-2010.
The following facade improvements are in process or recently completed:
■ Butterfield Square - Paint exterior and replace exterior wood paneling
■ Emporium Center - Facade Renovation
■ Temecula Stage Stop - Outdoor canopy renovation
■ Fadaie Insurance - New business signs
■ Chili Roaster Gourmet - New business signs
■ Believe Galleria - New business signs
■ The Painted Garden - Paving at entrance from Old Town Front Street
The applications currently under review have exhausted the Facade Improvement Program
budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not
available for the remainder of this Fiscal Year.
HOUSING
Housinq Element Update - The Agency is preparing the Housing Element Update. A third 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 April 9, 2009. HCD comments
were received on June 9, 2009. RDA staff revised the final draft based on HCD's June 2009
letter. Staff is currently completing an initial study and Negative Declaration for the Housing
Element. A revised timeline has been prepared that anticipates a Planning Commission hearing
on September 2, 2009 and a City Council hearing on September 22, 2009. Upon adoption by
the City Council, the Housing Element will be submitted a final time to HCD for a 90-day
Certification review.
The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner
Participation Agreement with 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 a 3500
square foot ground floor of commercial. The project includes one dedicated parking space for
each residential unit. Grading permits have been issued for the project. The project is currently
under construction and is slated to be completed by fall 2010.
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 Company to develop the project. Due to the State of California's
Redevelopment ERAF take it is not possible for the Agency to pursue a project with the Hobbs
Company on the Diaz site at this time. However, the Agency is currently negotiating for the sale
20 acres of the site to Clearwater Development for the purpose of developing a water park.
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 allows qualifying households to purchase homes in the $250,000 -
$300,000 price range. An article published in the Californian on July 5, 2009 has generated
tremendous interest in the program. However, on July 24, 2009, the State Legislature passed a
budget that proposes a take of $2.05 Billion in statewide redevelopment agency funds to help
close the State's current budget deficit. This means that about $4,300,000 in City of Temecula
Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional
$900,000 diverted to the state in Fiscal Year 201012011. As a result, funding for this program is
temporarily frozen and no new applications are being considered at this time.
Summerhouse - The Agency is currently in negotiating with an affordable housing developer,
Temecula Murrieta Rescue Mission, and the County of Riverside in regards to the purchase of
the Summerhouse development near the intersection of Margarita Road and Temecula
Parkway. The affordable housing developer has entered into escrow and has submitted their
development plan to the City for a 110 unit affordable housing development, of which 20 units
will be owned and operated by the Rescue Mission as a transitional housing operation. The
Agency is negotiating an Owner Participation Agreement with the affordable housing developer
and a Disposition and Development Agreement with the Rescue Mission. The goal of the
Agency is to add 110 affordable units, at or below the "very love" income designation for 55
years. The Agency will bring forward the OPA between BRIDGE Housing and the Agency on
August 11, 2009 and the DDA between the Temecula Murrieta Rescue Mission on September
9. 2009.
Residential Improvement Program - The program budget for FY 2009/2010 is $200,000.00.
However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City
of Temecula Redevelopment Agency has required unreserved funds budgeted for this program
to be temporarily frozen. The Redevelopment Agency is currently processing 15 applications
totaling $80,992 that were in the queue prior to Monday, July 27. No new applications are being
considered at this time.
DEPARTMENTAL
REPORTS
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: August, 2009
SUBJECT: Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of July, 2009.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 54 new applications for administrative, other minor cases, and home
occupations including 6 applications for public hearings during the month of July.
Special Projects & Long Range Planning Activities
The Long Range Planning Division commits work efforts toward larger scale and longer time frame
projects for both private and public purposes. These activities can range from a relatively simple
ordinance or environmental review to a new specific plan or a general plan amendment. Some of
the major special projects and long range planning activities currently in progress are described in
the paragraphs below:
Temecula Regional Hospital - This project was approved by the City Council on January 22,
2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008.
No legal challenges were filed regarding the SEIR. The CEQA challenge period for the
second reading of the Zone Change expired on March 14, 2008. The Public Works
Department and Planning Department met with the applicant and the applicant's architect on
May 21, 2009 regarding the status of grading plans, street improvement plans, the project's
Water Quality Management Plan, and fees. The applicant's architect continues to indicate
that building plans, or more specifically the geo-technical report for the project, is being
reviewed by the Office of Statewide Health Planning and Development (OSHPD) and that
approval of these plans. The applicant's architect has indicated that a revised geo-technical
report will be submitted to OSHPD by mid-August, 2009, and that OSHPD approval of
building plans could shortly follow. Staff is awaiting re-submittal of plans to address
comments regarding permits for rough grading, precise grading, street improvement plans,
and a Water Quality Management Plan. (FISK)
■ General Plan Housing Element Update -Staff submitted the final draft Housing Element to
HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received
on the final draft contained a handful of suggested corrections and sample language to add
to the Housing Element. Staff is completing an initial study and will circulate a Negative
Declaration for a 30-day public review and comment period and will schedule a Planning
Commission hearing for September 2, 2009 and a City Council hearing on September 22,
2009. Upon adoption bythe City Council, the Housing Element will be submitted a final time
to HCD for a 90-day Certification review. (PAPP)
■ Nicolas Valley Rural Preservation Area - Staff held a community meeting on February 26,
2009, where 70-80 residents attended. Concerns regarding road cost, financing
mechanisms and zoning densities were discussed. A community meeting was held March
19, 2009 to explain in more detail all zoning options, financing, and a community survey to
be mailed following the meeting. The survey was mailed to property owners and residents
on March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or %
acre minimums) due to responses received from various property owners that'/ acre is not
wanted. Staff mailed surveys to 124 property owners and 22 residents. The owner
response rate was 72%; the resident response rate was 4%; and the overall response rate
was 62%. The survey clearly indicated that there is not support for a CFD for roadway
improvements (57% of owners and 83% of registered voters within the CFD boundary would
not support). The survey did not clearly reveal an overwhelming decision on preferred
zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55
residents attended to inform the residents of the survey responses and discontinue this work
effort. The residents requested the opportunity to conduct their own follow up survey to
determine if a majority could agree on a zoning preference for the area. The results of this
resident sponsored survey are expected by the end of August. Staff will complete the
roadway design traffic study and hydrology study which are currently being prepared. No
additional technical studies/consultant work will be completed. Staff also finalized and
posted on the website the revisions to the Dirt Road Policy to allow more leniency for
additions and replacement of existing residences. (PETERSIKITZEROW)
■ Transportation Planning - The Temecula Trolley began service in June 2009 to coincide
with new service changes to other RTA routes. The service is intended to connect local
residents to business using public transit as a means to travel to school, commercial
centers, and connections to other RTA routes. Trolley service is provided Monday thru
Friday in the morning and afternoon, connecting the Harveston communityto Chaparral High
School, the Promenade Mall, and the County Administrative offices just south of Harveston.
A route also operates between the Mall and Old Town Temecula during the lunch period, as
well as on weekends. Staff is developing a survey for residents and riders of the Trolley to
gain perspective of public transit use and needs of the Community. (WEST)
■ 1-15 Interregional Partnership (I RP) - Staff is working with WRCOG, SCAG, RCTC, RTA,
SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on a Smart Growth
Concept Map, which will coordinate land use and transportation decisions to accomplish the
goals of SB 375 and AB 32. The 1-15 IRP Policy Committee met on June 15, 2009 to review
and provide policy direction to the Smart Growth Working Group. Based on the Policy
Committees discussion, the Smart Growth Map Working Group will refine the place type
descriptions and their locations within the project area. (WEST/INNES)
■ Sustainability Program
Energy Efficiency and Conservation Block Grant -Staff submitted the Energy Efficiency
and Conservation Strategy Development application prior to the June 25 deadline to
secure the Block Grant funds, which is essentially a place holder notifying the
Department of Energy that the City intends to submit a complete grant application
packet. Staff has until October 25, 2009 to complete an Energy Efficiency and
Conservation Strategyand select implementation programs to complete the application
package. Staff will reconvene the committee at the end of August to review the draft
strategy and then choose programs in order to complete the application. (WEST)
The green house gas (ghg) inventory emissions analysis kick-off meeting was held on
July 14, 2009. Representatives from City Departments as well as representatives from
our utility companies and outside agencies attended the meeting. The committee
selected 2007 as the base year for ghg emissions inventory analysis. There are two
separate inventories being prepared; 1) a municipal operations inventory and 2) a
communitywide inventory. Staff is working through each of the Departments to obtain
data for the municipal operations inventory, and working with the utility companies and
water agencies forthe communitywide inventory. Staff anticipates obtaining the majority
of the data necessary for the municipal operations by mid August. Obtaining the data
necessary for the communitywide analysis from the utility companies will take longer
than anticipated due to customer confidentiality and how the data is maintained by the
utility companies. Once the ghg inventory is complete, the next step will be to develop a
climate action plan and incorporate the findings into the Sustainability Plan. (WEST)
Small Wind Energy Conversion System Ordinance - The Small Wind Energy Council
Subcommittee met on July 28, 2009 to discuss the proposed standards and to review
current technology and the application of the technology within the City of Temecula.
The Subcommittee determined that the wind characteristics of the area do not fully
support the current technology of these systems at this time. The Subcommittee
recognized that there may be individual circumstances where a small wind energy
system may be economically feasible and therefore directed staff to work with the City
Sustainability Committee to determine the best approach with pursuing this ordinance.
(WEST)
Santa Margarita Area Annexation - On November 19, 2008, the Planning Commission
recommended approval to proceed with an application to the Riverside County Local Agency
Formation Commission to expand the City's Sphere of Influence and annex the Santa
Margarita Area consisting of approximately 4,997 acres located immediately southwest of
the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere
of Expansion and Annexation. The City Council also certified the Environmental Impact
Report for this project on December 9, 2008. Staff filed a Sphere of Influence and
Annexation application with LAFCO on December 17, 2008. The application was denied by
LAFCO on June 4, 2009. Resolutions for denial were adopted by LAFCO on June 25,
2009. The City has filed an Application for Reconsideration which removes the Liberty
Quarry project site (and a few neighboring parcels) the from the Annexation proposal. The
Annexation Reconsideration hearing is scheduled for September 24, 2009.
(LOWREYIRICHARDSON)
Liberty Quarry Draft Environmental I mpact Report - The County of Riverside has released
the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface
Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75-year
land use permit for a rock quarry and associated aggregate processing facilities, hot mix
asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration
and employee buildings, a maintenance facility with diesel, gas and propane tanks, water
tanks, natural gas fuel engines for electric power generation, water and gas lines, settling
ponds, truck scales, and truck and equipment parking areas within a 414 acre-site located
approximately % mile from the City's southwest boundary within the County of Riverside.
The City is reviewing the Draft Environmental Impact Report and will provide comments to
the County of Riverside by September 18, 2009. (LOWREY/WEST! RICHARDSON)
Development Code Update - Staff is preparing an update of the Development Code with
various changes that include: codification of the City's current policywhich allows directional
signs for colleges and universities; amendment to large family daycares consistent with
State Law; removal of granny flats from the code consistent with State Law; updating the
square footage allowance for guest houses to be the same as what is allowed for second
dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker),
minimizing requirements which trigger processing a sign program, and other minor
clarifications within the Code. A public hearing is anticipated for Planning Commission on
October 21, 2009 and Planning Commission recommendations will be broughtforward to the
City Council on November 10, 2009. (LOWREY)
Old Town Specific Plan Update - Staff is working in conjunction with consulting firms Inland
Planning+Design and Fehr and Peers (parking and circulation) to prepare an update to the
Old Town Specific Plan that addresses the ten goals and recommendations for Old Town
presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local
Review Board formed a steering committee forthe Specific Plan Update currently consisting
of Board Members Blair and Moore, with the purpose of this committee being to provide the
Old Town Local Review Board with additional opportunities to review and comment on
concepts and preliminary plans as the Specific Plan update progresses and for the
committee to report back to the other Board members on the progress of the update.
Commissioners Guerriero and Kight are also members of the Steering Committee, which
most recently met on June 23, 2009 to review progress on the proposed sustainability and
public art sections for the Specific Plan Amendment. An Environmental Impact Report (EIR)
is currently being prepared for the project, and staff held a scoping meeting with the
community on July 21, 2009 to solicit input on environmental concerns that should be
addressed in the EIR. Staff intends to complete the first draft of the Specific Plan
Amendment in October 2009, to present the draft update to the Steering Committee in
November 2009, and to bring the updated plan to the Old Town Local Review Board for
review in December 2009, to the Planning Commission for review in January 2010, and to
City Council for review in January 2010. (FISKIINNESILOWREY)
Planning Agenda Report
7/1/2009 through 7/31/2009
1.
Recently Approved
APN #
• PA08-0233 RANCHO BAPTIST CHURCH 922130017
WIRELESS DANA SCHUMA
A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of six (6) panel antennas,
four (4) BTS radio equipment cabinets and one microwave dish at Rancho Baptist Church, 29775 Santiago Road.
The antennas are attached to a new 77'- 4" monopine and the equipment cabinets are located inside a new 7'9"
wrought iron fence.
Submitted Date Approved Date
10/6/2008 Jul 15 2009
APN #
• PA08-0271 T-MOBILE WATER TANK ANTENNA 957170020 DANA SCHUMA
A Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of
a 35-foot faux water tank with ancillary equipment proposed to be built into an adjacent hillside approximately 40
feet to the northwest of the proposed water tank (APN: 957-170-020)
Submitted Date Approved Date
12/1/2008 Jul 15 2009
APN #
• PA09-0182 International Jazz Festival 922036011 CHRISTINE DAMKO
A Major Temporary Use Permit for the International Jazz Festival on Friday, July 10 from 5:00 p.m. to 10:00 p.m.,
Saturday, July 11 from 3:00 p.m. to 10:00 p. m., and July 12 from 2:00 p.m. to 10:00 p.m. Street closure on west
side of Main Street on July 11.
Submitted Date Approved Date
5/14/2009 Jul 8 2009
APN #
• PA09-0184 Wine on a Dime PCN 921060009 DANA SCHUMA
A Finding of Public Convenience or Necessity application for a Type-42 license (on-sale beer and wine) and a Type-
20 (off-site sale) for Wine on a Dime located at 28061 Jefferson Avenue (Related Case PA09-0185)
Submitted Date Approved Date
5/20/2009 Jul 15 2009
APN #
• PA09-0185 Wine on a Dime MCUP 921060009 DANA SCHUMA
A Minor Conditional Use Permit to allow for off-site retail wine sales and wine tasting (Type-20 and 42 licenses) at
28061 Jefferson Ave (Related Case PA09-0184)
Submitted Date Approved Date
5/20/2009 Jul 15 2009
APN #
• PA09-0207 Auto Dealers Used Car Sale TUP 910420005 DANA SCHUMA
A Major Temporary Use Permit for the Temecula Auto Dealers annual used car tent sale to be held Friday, July 17,
2009 through Sunday, July 19, 2009 located at the Promenade Mall, 40820 Winchester Road, between Macy's and
Johnny Carinos
Submitted Date I I Approved Date
1 of 6
Planning Agenda Report
7/1/2009 through 7/31/2009
6/18/2009 Jul 9 2009
2 of6
Planning Agenda Report
7/1/2009 through 7/31/2009
2. Scheduled for Hearing
APN #
• PA09-0009 Stellar Cellar CUP 922034036 ERIC JONES
A Minor Conditonal Use Permit to allow Stellar Cellar to operate a wine bar located at 28636 Old Town Front Street
Submitted Date DRC Meeting Date Planning Commision
1/14/2009 Sep 16 2009
APN #
• PA09-0040 Diaz Property 909370002 DANA SCHUMA
A Tentative Parcel Map (TPM 36175) to subdivide 35 acres in to three parcels, one 19.7 acre parcel, one 11.3 acre
parcel, and a 4.0 acre parcel to be dedicated for public improvements. The project site is located on the northwest
corner of Diaz Road and Dendy Parkway. (Related PA09-0039 and PA09-0041) (Former PR08-0059)
Submitted Date
DRC Meeting Date
Planning Commision
2/5/2009
3/5/2009
Aug 19 2009
APN #
• PA09-0041 Diaz Property 909370002 DANA SCHUMA
A Development Plan with a Conditional Use Permit to construct a 15 acre water park located on the northwest
corner of Dendy Parkway and Diaz Road. (Related PA09-0039 and PA09-0040) (Former PR08-0059)
Submitted Date
DRC Meeting Date
Planning Commision
2/5/2009
3/5/2009
Aug 19 2009
APN #
• PA08-0125 Temecula Village PDO-5 Amendl 944290012 CHERYL KITZEROW/MATT PETERS
A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a
Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape
buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous
approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road.
(Associate projects PA08-0122 and PA08-0123 - Fresh and Easy DP/CUP) Pending City Council hearing (date to
be determined).
Submitted Date
DRC Meeting Date
Planning Commision
6/4/2008
6126/2008
Oct 15 2008
APN #
• PA09-0229 Grannys Grapes of the Vine CUP 921280008 DANA SCHUMA
A Minor Conditional Use Permit to allow for a Type-42 ABC license (on-sale beer and wine) for Granny's Grapes on
the Vine located at 28450 Felix Valdez Road (related cases: PA09-0230 and PR09-0009)
Submitted Date DRC Meeting Date Planning Commision
7/15/2009 Aug 19 2009
APN #
• PA09-0230 Grannys Grapes of the Vine PCN 921280008 DANA SCHUMA
A Finding of Public Convenience or Necessity application for a Type-42 ABC license (on-sale beer and wine) for
Granny's Grapes on the Vine located at 28450 Felix Valdez Road (related cases: PA09-0229 and PR09-0009)
Submitted Date DRC Meeting Date Planning Commision
3 of 6
Planning Agenda Report
7/1/2009 through 7/31/2009
7/15/2009 Aug 19 2009
4 of6
Planning Agenda Report
7/1/2009 through 7/31/2009
3. New Submittals Pending DRC Meeting
APN #
• PA09-0059 HELP Ride Event 922073024 CHRISTINE DAMKO
A Major Temporary Use Permit for the first annual HELP Motorcycle Ride on August 29, 2009 in Old Town
Temecula. The event proposes to "show" motorcycles in the Stampede parking lot and on Front Street between
Second and Third Streets (street closure required) followed by a music concert on Quaid Harley Davidson property
located near the south end of Old Town Front Street.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
2/20/2009 TBD
APN #
• PA08-0143 BAILY'S RESTAURANT BANQUET 922046018 CHRISTINE DAMKO
TUP
A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets/events throughout the year within an
approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application.
Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific
Plan.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
6/25/2008 TBD
APN #
• PA09-0235 Race for the Cure 910420005 CHRISTINE DAMKO
A Major Temporary Use Permit for the Susan G Komen Race for the Cure in/around the Promenade Mall on
Sunday, October 18, 2009 from 5:00 a.m. to 4:00 p.m. involving street closures in the morning hours
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
7/22/2009 TBD
APN #
• PA09-0243 Film and Music Festival 921270050 CHRISTINE DAMKO
A Major Temporary Use Permit for the 15th Annual Film and Music Festival from September 9th-13th. Main
festivites will take place at the Tower Plaza Shopping Center located at 27555 Ynez Road. No street closures
required.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
8/3/2009 TBD
APN #
• PA09-0246 Roripaugh Estates SPA#3 PA10 920100048 CHERYL KITZEROW/MATT PETERS
A Specific Plan Amendment (text only) to change the permitted uses/development standards for Planning Area 10 of
the Roripaugh Estates Specific Plan to replace County Ordinance No. 348 with the standards of the Neighborhood
Commercial zoning district with the addition to permit automobile service stations with or without an automated car
wash. Project proponent proposes future car wash at the existing Arco AM/PM at the southeast corner of
Winchester & Nicolas Roads, addressed as 40212 Winchester Road.
Submitted Date Anticipated DRC Meeting Date No Hearing Planned
8/4/2009 TBD
APN #
• PA09-0248 Venzon Wireless Monopine CUP 960330017 DANA SCHUMA
5 of 6
Planning Agenda Report
7/1/2009 through 7/31/2009
A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of 18 panel antennas and
one microwave dish attached to a new 55-foot monopine located at 43980 Mahlon Vail Road.
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
8/5/2009
9/3/2009
TBD
6 of6
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ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Director of Public Works
DATE: August 25, 2009
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of July, 2009.
MEMORANDUM
TO:
Greg Butler, Director of Public Works
FROM:
Rodney Tidwell, Maintenance Supervise;D
DATE: August 7, 2009
SUBJECT: Monthly Activity Report - July, 2009
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of July, 2009:
I. SIGNS
A. Total signs replaced
B. Total signs installed
C. Total signs repaired
II. TREES
A. "Total trees trimmed for sight distance and street sweeping concerns
III. ASPHALT REPAIRS
A. Total square feet of A. C. repairs
B. Total Tons
IV. CATCH BASINS
A. Total catch basins cleaned
V. RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A. Total locations
B. Total S.F.
VII. STENCILING
A. 407 New and repainted legends
B. 420 L.F. of new and repainted red curb and striping
20
41
28
34
7,998
67.05
211
0
139
5,340
R.WAIN I AWNIOAC I RP f
Also, City Maintenance staff responded to 84 service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 103 service order requests
for the month of June, 2009.
The Maintenance Crew has also put in 175.5 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of July, 2009 was $9,750.00 compared
to $12,914.95 for the month of ,June, 2009.
Account No. 5402
Account No. 5401
Account No. 999-5402
Electronic Copies:
Amer Attar, Principal Engineer
Dan York, City Engineer
Jerry Gonzalez, Associate Engineer
$ 9,750.00
$ -0-
$ -0-
(Capital Improvements)
(Traffic Division)
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of July, 2009
DAII
DESCRIPTION
TOTAL COST
~
ACCOUNT
STREET/CIIANNEL/BRIDGF
OF WORK
SIZE
CONTRACTOR: RENE'S COMMERCIAI, MANAGEMENT
Date: 07.23.09
CITY WIDE
APPLICATION OF
TO CITY WIDE CHANNELS
It 5402
TOTAL COST
$ 9,750.00
Date:
TOTAL COST
Date:
TOTAL COST
Date:
II
TO'T'AL COST
t
CONTRACTOR:
Date:
TO'T'AL COST
Datc:
#
N,
TOTAL COST
CONTRACTOR:
Date:
9
t.
TOTA
L COST
FDate
:
#
TOTAL COST
TOTAL COST ACCOUNT #5401 -0-
TOTAL COST ACCOUNT #5402 $ 9,750.00
TOTAL COST ACCOUNT 499-5402 - 0 -
R-IMAI"I I VNOA(-IRPI
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
nnnK]TUnc If It V nAnn
DATE
LOCATION
SCOPE OF WORK
S.F.
TOTAL
TONS
07/01/09
E/B RANCHO CALIFORNIA ROAD AT YNEZ ROAD
POTHOLE
6
07/06/09
S/B MARGARITA ROAD AT PAUBA ROAD
R & R
488
'I
12,05
07/07/09
JEDEDIAH SMITH ROAD
AC O/L
655
07/07/09
CALLE MEDUSA AT NICOLAS
POTHOLE
2
5
07/08/09
S/B MARGARITA AT OVERLAND
R & R
380
12
07/09/09
LOS RANCHITOS AREA
AC O/L
690
3
07/13/09
RANCHO CALIFORNIA ROAD AT YNEZ ROAD
POTHOLE
2
07/13/09
NICOLAS ROAD AT JOSEPH ROAD
POTHOLE
12
07/13/09
NICOLAS ROAD AT CALLE MEDUSA
POTHOLE
7
07/13/09
NICOLAS ROAD AT LIEFER ROAD
POTHOLE
2
07/13/09
RAINBOW CANYON ROAD AT CITY LIMITS
POTHOLE
2
07/13/09
PAUBA ROAD AT VIA RAMI
POTHOLE
3
07/13/09
PAUBA ROAD AT VIA RAW
POTHOLE
5
07/14/09
JEDEDIAH SMITH AT EL LUCERO
AC O/L
738
07/14/09
MANZANO AT PESCADO
AC O/L
880
6.5 I;
07/15/09
PAUBA AT VIA RAMI
R & R
igp
07/15/09
PAUBA AT VIA RAMI
AC O/L
384
6.5
07/16/09
NICOLAS AT WINCHESTER
R &R
232
6
07/20/09
NICOLAS AT ALEXANDRA
AC O/L
550
07/20/09
SIERRA BONITA AT AVENIDA SAN PASCUAL
AC 0/L
720
07/21/09
SIERRA BONITA
AC 0/L
655
07/21/09
AVENIDA DE SAN PASCUAL
AC O/L
462
t12
07/27/09
LOMA LINDA AT PECHANGA
R & R
g
07/27/09
YNEZ AT PAUBA
POTHOLES
g
RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS
POTHOLES
5
'I
II
r
NICOLAS ROAD
POTHOLES
5
4
07/28/09
BUTTERFIELD STAGE ROAD AT CAMPINIS
AC O/L
905
q 11
TOTAL S.F. OF REPAIRS 7.998 j~
TOTAL TONS 67.05 I'
I
I
R:W A 6YIAI NJWKCM11.11AASPIL4:1'.RPR
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF JULY, 2009
DATE
LOCATION
WORK COMPLETED
07/01/09
AREA #2
CLEANED & CHECKED
7 CATCH BASINS
07/07/09
AREAS #3 & #4
CLEANED & CHECKED
5 CATCH BASINS
07/08/09
AREA #5
CLEANED & CHECKED
48 CATCH BASINS
07/09/09
AREA #5
CLEANED & CHECKED
52 CATCH BASINS
07/14/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
8 CATCH BASINS
07/15/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
8 CATCH BASINS
07/16/09
AREAS #1 - #5
CLEANED & CHECKED
14 CATCH BASINS
07/20/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
15 CATCH BASINS
07/22/09
AREA 91 -
CLEANED & CHECKED
31 CATCH BASINS
07/28/09
CITYWIDE HOT SPOTS
CLEANED & CHECKED
23 CATCH BASINS
I
TOTAL CATCH BASINS CLEANED & CHECKED 211
R\%I AIiN I ATEWKC%I PIp'I'DACKI( IIIAS
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF JULY, 2009
DATE
LOCATION
WORK COMPLETED
07/01/09
LOMA LINDA AT TEMECULA LANE
REMOVED
4 S.F. OF GRAFFITI
07/01/09
45863 PIUTE
REMOVED
8 S.F. OF GRAFFITI
07/02/09
VIA CORDOBA AT CORTE BRAVO
REMOVED
4 S.F. OF GRAFFITI
07/02/09
LOMA LINDA AT TEMECULA LANE APARTMENTS
REMOVED
136 S.F. OF GRAFFITI
07/02/09
VIA DEL CORONADO AT LOMA LINDA
REMOVED
5 S.F. OF GRAFFITI
07/02/09
VIA DEL CORONADO AT VIA CORDOBA
REMOVED
3 S.F. OF GRAFFITI
07/02/09
ROCK BLUFF AT LONG RIDGE
REMOVED
18 S. F. OF GRAFFITI
07/02/09
QUAIL SLOPE AT LONG RIDGE
REMOVED
8 S.F. OF GRAFFITI
07/02/09
QUAIL SLOPE AT OAK CLIFF
REMOVED
1 S.F. OF GRAFFITI
0702/09
28670 FRONT
REMOVED
4 S.F. OF GRAFFITI
07/02109
41653 OVERLAND
REMOVED
2 S.F. OF GRAFFITI
07/02/09
MARGARITA AT NICOLE
REMOVED
1 S.F. OF GRAFFITI
07/02/09
MARGARITA AT SOLANA RIDGE
REMOVED
1 S.F. OF GRAFFITI
07/02/09
RORIPAUGH AT SANDERLING
REMOVED
4 S.F. OF GRAFFITI
07/06/09
TARGET CENTER
REMOVED
270 S.F. OF GRAFFITI
07/06/09
SANTA GERTRUDIS CREEK
REMOVED
26 S.F. OF GRAFFITI
07/06/09
1-15 FWY AT TEMECULA PARKWAY
REMOVED
393 S.F. OF GRAFFITI
07/06/09
JANE PLACE AT ROMANCE
REMOVED
3 S.F. OF GRAFFITI
07/06/09
33213 CALLESITO FADRIQUE
REMOVED
32 S.F. OF GRAFFITI
07/06/09
CORTE LERMA AT CALLESITO VALLARTA
REMOVED
2 S.F. OF GRAFFITI
07/06/09
CALLESITO VALLARTA AT CORTE SABINAS
REMOVED
32 S.F. OF GRAFFITI p
07/06/09
46257 VIA LA COLORADA
REMOVED
120 S.F. OF GRAFFITI
07/06/09
PEACH TREE AT GREAT OAK
REMOVED
118 S.F. OF GRAFFITI
07/06/09
PRIMROSE AT GREAT OAK
REMOVED
130 S.F. OF GRAFFITI
07/06/09
FIRST STREET BRIDGE AT MARGARITA CREEK
REMOVED
158 S.F. OF GRAFFITI
0709
VIA REINA AT MEADOWS PARKWAY
REMOVED
48 S.F. OF GRAFFITI
07/06/09
MEADOWS PARKWAY AT CAMPANULA
REMOVED
6 S.F. OF GRAFFITI
R- 11%IN I AiNM x(wrI )V,kvrrrrn
DATE
LOCATION
WORK COMPLETED
07/60/09
MEADOWS PARKWAY AT CAMPANULA
REMOVED
6 S.F. OF GRAFFITI
07/06/09
MEADOWS PARKWAY AT DE PORTOLA
REMOVED
- i
I
12 S.F. OF GRAFFITI
07/06/09
McCABE AT VIA MESA
REMOVED
11 S.F. OF GRAFFITI
07/06/09
PROMENADE CHARDONNAY AT HEITZ LANE
REMOVED
6 S.F. OF GRAFFITI
07/07/09
MEADOWS PARKWAY AT PARDUCCI
REMOVED
2 S.F. OF GRAFFITI)
07/07/09
MEADOWS PARKWAY AT LA SERENA
REMOVED
4 S.F. OF GRAFFITI
07/07/09
VIA PUERTA AT LA SERENA
REMOVED
2 S.F. OF GRAFFITI
07/07/09
MARGARITA AT NO. GENERAL KEARNY
REMOVED
4 S.F. OF GRAFFITI
07/07/09
WINCHESTER AT RUSTIC GLEN
REMOVED
4 S.F. OF GRAFFITI
07/07/09
MEADOWS PARKWAY AT DE PORTOLA
REMOVED
ii
4 S.F. OF GRAFFITI
07/07/09
CORTE ZARAGOZA AT PEPPERCORN
REMOVED
_
1 S.F. OF GRAFFITI
07/08/09
PRIMROSE AT PEACH TREE
REMOVED
6 S.F. OF GRAFFITI
07/08/09
HONORS AT DRIVER
REMOVED
2 S.F. OF GRAFFITI
07/08/09
MARGARITA AT ABBOTT
REMOVED
8 S.F. OF GRAFFITI
07/08/09
29501 SOLANA
REMOVED
2 S.F. OF GRAFFITI
07/08/09
MARGARITA AT OVERLAND
REMOVED
5 S.F. OF GRAFFITI
07/08/09
LOGGER TRAIL AT CEDAR CREST
REMOVED
4 S.F. OF GRAFFITI
07/08/09
WOLF CREEK AT CITY PARK
REMOVED
I
7 S.F. OF GRAFFITI II
07/09/09
NO. GENERAL KEARNY AT CAMINO VERDES
REMOVED
2 S.F. OF GRAFFITI
07/09/09
NICOLE LANE AT MARGARITA
REMOVED
1 S.F. OF GRAFFITI
07/09/09
LA SERENA AT MARGARITA
REMOVED
1 S.F. OF GRAFFITI
07/09/09
37070 CAMINO GUARDA
REMOVED
S.F. OF GRAFFITI
07/13/09
BEHIND TARGET CENTER
REMOVED
99 S.F.OFGRAFFITI
07/13/09
SANTA GERTRUDIS CREEK AT YNEZ
REMOVED
33 S.F. OF GRAFFITI
07/13/09
NO. GENERAL KEARNY AT NICOLAS
REMOVED
1 S.F. OF GRAFFITI
07/13/09
STANFORD AT CHANTEMAR
REMOVED
1 S.F. OF GRAFFITI
07/13/09
CAMINO CAMPOS VERDES AT NO. GENERAL KEARNY
REMOVED
10 S.F. OF GRAFFITI
07/13/09
YNEZ AT TOWER PLAZA
REMOVED
60 S.F. OF GRAFFITI
07/13/09
40775 CALLE MEDUSA
REMOVED
2 S.F. OF GRAFFITI
07/13/09
WINDSOR AT CALLE MEDUSA
REMOVED
1 S.F. OF GRAFFITI
E13 09
VIA DEL CORONADO AT VIA CORDOBA
REMOVED
2 S.F_OF GRAFFITI
RAMAINI AINMW KC.119: mAGRAPF 1 rn
DATE
LOCATION
WORK COMPLETED
07/13/09
AVENIDA DE MISSIONS AT CHANNEL
REMOVED
58 S. F. OF GRAFFITI 'i
07/13/09
ANZA AT DAYMEN
REMOVED
_
1 S.F. OF GRAFFITI
07/14/09
RANCHO CALIFORNIA ROAD AT HOPE
REMOVED
4 S.F. OF GRAFFITI
07/14/09
YNEZ ROAD AT RANCHO VISTA
REMOVED
4 S.F. OF GRAFFITI
07/14/09
WOLF CREEK AT FIRESIDE
REMOVED
_
4 S.F. OF GRAFFITI
07/14/09
WALCOTT AT KLARER
REMOVED
1 S.F. OF GRAFFITI
07/14/09
JEFFERSON AT DEL RIO
REMOVED
60 S.F. OF GRAFFITI
07/14/09
YNEZ AT TOWN CENTER
REMOVED
1 S.F. OF GRAFFITI
07/14/09
RANCHO CALIFORNIA ROAD AT YNEZ
REMOVED
4 S.F. OF GRAFFITI
07/14/09
MARGARITA AT WINCHESTER
REMOVED
10 S.F. OF GRAFFITI
07/14/09
44787 BANANAL WAY
REMOVED
1 S.F. OF GRAFFITI
07/15/09
31727 KLARER
REMOVED
4 S.F. OF GRAFFITI
07/15/09
WALCOTT AT LA SERENA
REMOVED
2 S.F. OF GRAFFITI
07/15/09
41338 YUBA CIRCLE
REMOVED
10 S.F. OF GRAFFITI
07/15/09
30787 CALLE PINA COLADA
REMOVED
4 S.F. OF GRAFFITI
07/15/09
WINCHESTER AT MARGARITA
REMOVED
I
2 S.F. OF GRAFFITI
07/15/09
VIA NORTE AT CALLE PINA COLADA
REMOVED
2 S.F. OF GRAFFITI
07/15/09
PINA COLADA AT NO. GENERAL KEARNY
REMOVED
1 S.F. OF GRAFFITI
07/16/09
MEADOWS PARKWAY AT DE PORTOLA
REMOVED
28 S.F. OF GRAFFITI
07/16/09
28073 DIAZ
REMOVED
34 S.F. OF GRAFFITI
07/16/09
43620 RIDGE PARK
REMOVED
4 S.F. OF GRAFFITI
07/16/09
MARGARITA AT PAUBA ROAD
REMOVED
8 S.F. OF GRAFFITI
07/16/09
CAMPANULA AT HOME DEPOT
REMOVED
2 S.F. OF GRAFFITI ~I
07/16/09
41079 PROMENADE CHARDONNAY HILLS
REMOVED
2 S.F. OF GRAFFITI
07/16/09
SOLANA WAY AT CALLE FUEGO
REMOVED
2 S.F. OF GRAFFITI
07/16/09
MEADOWS PARKWAY AT RANCHO CALIFORNIA ROAD
REMOVED
5 S.F. OF GRAFFITI i
07/20/09
FELIX VALDEZ AT 6TH STREET
REMOVED
25 S.F. OF GRAFFITI
07/20/09
MAIN STREET BRIDGE
REMOVED
402 S.F. OF GRAFFITI
07/20/09
6TH STREET AT FRONT
REMOVED
31 S.F. OF GRAFFITI
07/20/09
41873 FRONT
REMOVED
3 S.F. OF GRAFFITI
07/20/09
SANTIAGO AT C STREET
REMOVED
_
20 S.F:_OF GRAFFITI_-,
R:\AbVNI Al.\9WKCMI1.1 DIORnN I III
DATE
LOCATION
WORK COMPLETED
07/20/09
VIA POQUITO AT AVENIDA DE MISSIONS
REMOVED
3 S.F. OF GRAFFITI
07/20/09
BUTTERFIELD STAGE PARK
REMOVED
9 S.F. OF GRAFFITI
07/20/09
TARGET SHOPPING CENTER
REMOVED
10 S.F. OF GRAFFITI
07/20/09
SANTA GERTRUDIS CREEK AT MARGARITA
REMOVED
1,256 S.F. OF GRAFFITI
07/20/09
07/20/09
VIA LOBO AT DEER MEADOW
DEER MEADOW AT DONOMORE COURT
REMOVED
REMOVED
6 S.F. OF GRAFFITI N
S.F. OF GRAFFITI
07/20/09
NO. GENERAL KEARNY AT DEER MEADOW
REMOVED
1 S.F. OF GRAFFITI II
07/20/09
SANTA GERTRUDIS CREEK AT WINCHESTER
REMOVED
30 S.F. OF GRAFFITI j
07/20/09
SANTA GERTRUDIS CREEK AT WINCHESTER
REMOVED
150 S.F. OF GRAFFITI
F
SANTA GERTRUDIS CREEK AT WINCHESTER
REMOVED
100 S.F. OF GRAFFITI ,
07/2O/09
29756 NO. GENERAL KEARNY
REMOVED
14 S.F. OF GRAFFITI
`
07/27/09
32716 TULLEY RANCH ROAD
REMOVED
I
I
42 S.F. OF GRAFFITI pl
07/21/09
TEMECULA CREEK AT WOLF STORE ROAD
REMOVED
200 S.F. OF GRAFFITI
07/21/09
REDHAWK PARKWAY AT TEMECULA CREEK
REMOVED
27 S.F. OF GRAFFITI
07/21/09
WABASH AT TEMECULA PARKWAY
REMOVED
10 S.F. OF GRAFFITI
07/21/09
TEMECULA CREEK AT REDHAWK PARKWAY
REMOVED
51 S.F. OF GRAFFITI IC
07/21/09
RORIPAUGH AT SWALLOW
REMOVED
I
17 S.F. OF GRAFFITI
07/21/09
STANFORD AT CHANTEMAR
REMOVED
33 S.F. OF GRAFFITI
07/21/09
CAMINO CAMPOS VERDES AT SCHOOL
REMOVED
3 S.F. OF GRAFFITI j
07/21/09
RORIPAUGH AT SWALLOW COURT
REMOVED
17 S.F. OF GRAFFITI
07/21/09
RORIPAUGH AT SENNA
REMOVED
7 S.F. OF GRAFFITI
07/21/09
NICOLAS AT JUNE
REMOVED
1 S.F. OF GRAFFITI
07/23/09
28585 PUJOL
REMOVED
2 S.F. OF GRAFFITI
07/23/09
SOLANA AT YNEZ
REMOVED
2 S.F. OF GRAFFITI
07/23/09
McCABE AT VIA MEDIA
REMOVED
27 S.F. OF GRAFFITI
07/24/09
RANCHO CALIFORNIA ROAD AT COSMIC
REMOVED
34 S.F. OF GRAFFITI
07/27/09
1-15 AT SANTIAGO BRIDGE
REMOVED
112 S.F. OF GRAFFITI
07/27/09
AVENIDA DE MISSIONS AT RIO TEMECULA
REMOVED
1 S.F. OF GRAFFITI
07/27/09
1-15 AT TOWER PLAZA
REMOVED
24 S.F. OF GRAFFITI ii
07/27/09
1-15 AT OVERLAND BRIDGE
REMOVED
_
11
S.F. OF GRAFFITI
07/27/09
WINCHESTER BRIDGE AT SANTA GERTRUDIS CREEK
REMOVED
_
_
29 S.F. OF GRAFFITI I~
f? IMA1\'1'4I:NM IK(NIN_I' W;R,% TI"I'I
DATE
LOCATION
WORK COMPLETED
07/27/09
WALCOTT AT CALLE GIRASOL
REMOVED
3 S.F. OF GRAFFITI
07/27/09
WOLF VALLEY AT WOLF CREEK
REMOVED
137 S.F. OF GRAFFITI
07/27/09
MARGARITA AT AVENIDA SONOMA
REMOVED
2S.F. OF GRAFFITI
07/28/09
CAMPANULA AT DE PORTOLA
REMOVED
2 S.F. OF GRAFFITI
07/28/09
TEMEKU AT CONGRESSIONAL
REMOVED
6 S.F. OF GRAFFITI
07/28/09
SOLANA AT MARGARITA
REMOVED
92 S.F. OF GRAFFITI
07/28/09
MORAGA ACROSS FROM SCHOOL
REMOVED
735 S.F. OF GRAFFITI
li
07/28/09
MARGARITA AT STONEWOOD
REMOVED
I
1 S.F. OF GRAFFITI P
07/28/09
MARGARITA AT MORAGA
REMOVED
3 S.F. OF GRAFFITI
07/28/09
CHANTEMAR AT STANFORD
REMOVED
7 S.F. OF GRAFFITI
07/28/09
07/28/09
CHANTEMAR AT MANCERA
RORIPAUGH AT SWALLOW COURT
REMOVED
REMOVED
3 S.F. OF GRAFFITI ~l
17 S.F. OF GRAFFITI
07/28/09
RORIPAUGH AT SWEET BRIER CIRCLE
REMOVED
2 S.F. OF GRAFFITI
07/28/09
WINCHESTER AT MARGARITA
REMOVED
1 S. F. OF GRAFFITI
07/28/09
CAMPOS VERDES AT MARGARITA
REMOVED
_
3 S.F. OF GRAFFITI
07/28/09
WINCHESTER AT RUSTIC GLEN
REMOVED
13 S. F. OF GRAFFITI
07/28/09
RUSTIC GLEN FROM MARGARITA TO WINCHESTER
REMOVED
31 S.F. OF GRAFFITI i'
07/30/09
32420 ROSADO COURT
REMOVED
50 S.F. OF GRAFFITI
07/30/09
DE PORTOLA AT CAMPANULA
REMOVED
2 S.F. OF GRAFFITI
II
i
p
li
TOTAL S.F. GRAFFITI REMOVED 5,340
Ii
TOTAL LOCATIONS 139
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF JULY, 2009
DATE
REC'D
OCATION
EQUEST
DATE WORK
COMPLETED r
06/19/09
27147 GREENSTONE STREET
WEEDS
06/19/09
06/29/09
43620 RIDGE PARK DRIVE
WEEDS
07/02/09
06/30/09
30289 COUTE COELHO
DEBRIS
07/02/09
06/340/09
31012 DULCE COURT
TREE
07/02/09
06/30/09
31008 DULCE COURT
TREE
07/02/09
06/30/09
33015 ROMERO DRIVE
TREE
07/01/09
06/30/09
28545 OLD TOWN FRONT STREET
RELOCATION OF TRASH BARREL
06/30/09
07/01/09
MEADOWS PARKWAY AT LEENA WAY
SIGN REPAIR
07/01/09
07/01/09
LOMA LINDA AT TEMECULA LANE
GRAFFITI
07/01/09 I`
07/01/09
45863 PIUTE
GRAFFITI
07/01/09
07/01/09
43395 MANZANO DRIVE
TREE
07/02/09
07/01/09
LOMA LINDA AT WHITE SAGE
GRAFFITI
07/02/09
07/02/09
LA SERENA AT PROMENADE CHARDONNAY HILLS
GRAFFITI
07/06/09
07/02/09
HEITZ LANE AT PROMENADE CHARDONNAY HILLS
GRAFFITI
07/02/09 II
07/02/09
CAMINO CARUNA AT CAMINO HERENCIA
ASPHALT
07/02/09
07/02/09
DE PORTOLA AT VIA SABINO
DEBRIS
07/02/09
07/03/09
MEADOWS PARKWAY AT VIA REINA
GRAFFITI
07/06/09
07/04/09
MEADOWS PARKWAY AT VIA REINA
GRAFFITI
07/06/09
07/06/09
MEADOWS PARKWAY AT CAMPANULA
GRAFFITI
07/06/09 j
07/06/09
MEADOWS PARKWAY AT VIA REINA
GRAFFITI
07/06/09
07/06/09
PRIMROSE AT PEACH TREE
GRAFFITI
07/06/09
07/06/09
PEACH TREE
GRAFFITI
07/06/09
07/06/09
46196 VIA LA COLORADA
GRAFFITI
07/06/09
07/06/09
33213 CALLESITO FADRIQUE
GRAFFITI
07/06/09
MORAGA AT RANCHO CALIFORNIA ROAD
DEBRIS
07/06/09
S
MORAGA BTWN. RANCHO CALIFORNIA & MARGARITA
DEBRIS
07/06/09
07/O6/09
CAMINO
ROMO AT RANCHO VISTA
SIGN
07/06/09
RANIA IN I'A INMRKC0XIPLl lm mm
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
07/06/09
MEADOWS PARKWAY, BUTTERFIELD STAGE ROAD
GRAFFITI
07/06/09
07/06/09
STONEWOOD AT MARGARITA
CATCH BASIN
07/07/09
07/07/09
CALLE MEDUSA AT NICOLAS ROAD
ASPHALT REPAIR
07/07/09
07/08/09
MORAGA BTW N. MARGARITA AND RANCHO CALIFORNIA
DEBRIS
07/08/09
07/08/09
WOLF CREEK AT PECHANGA
GRAFFITI
07/08/09
07/08/09
LOGGER TRAIL AT CEDAR CREST
GRAFFITI
07/08/09
07/09/09
07/09/09
41883 BOREALIS DRIVE
32070 CAMINO GUARDA
TREE
GRAFFITI
07/09/09
07/09/09
07/09/09
41926 CAMINO CASANA
DEBRIS
07/10/09 j
07/10/09
NORTHSHIRE CIRCLE AT CROWNE HILL
DEBRIS
07/10/09
07/10/09
MARGARITA AT GEORGETOWN
SIGN REPAIR
07/10/09
07/10/09
SANDERLING AT RORIPAUGH ROAD
GRAFFITI
07/10/09
07/10/09
40787 CALLE MEDUSA
GRAFFITI
I
07/13/09
07/11/09
YNEZ ROAD AT RANCHO VISTA
GRAFFITI
07/14/09
07/13/09
LOW FLOW
GATE REPAIR
07/13/09
07/13/09
LIVE OAK AT FIRESIDE
GRAFFITI
07/73/09 j
07/14/09
AVENIDA CIMA DEL SOL AT MARGARITA
CATCH BASIN
07/14/09
07/14/09
40520 CHANTILLY
GRAFFITI
07/15/09
07/14/09
MARGARITA AT PASEO BRILLANTE
DEBRIS
07/14/09 'I
07/15/09
MORAGA ROAD
DEBRIS
07/15/09
07/15/09
LA SERENA AT BUTTERFIELD STAGE ROAD
DEBRIS
07/15/09
07/15/09
41388 YUBA CIRCLE
GRAFFITI
07/15/09 I~
07/15/09
MARGARITA AT SOLANA
DEBRIS
07/15/09
07/15/09
WINCHESTER AT MARGARITA
DEBRIS
07/15/09
07/15/09
42825 NORTH STAR
BEES
07/16/09
07/16/09
42105 VIA CUESTA AL SOL
GRAFFITI
07/16/09 j
I
07/16/09
VIA CUESTA AL SOL
GRAFFITI
07/76/09
07/16/09
CALLE FUEGO AT SOLANA WAY
GRAFFITI
07/16/09
07/16/09
41081 PROMENADE CHARDONNAY HILLS
GRAFFITI
07/16/09
07/16/09
AVENIDA BARCA AT PIUTE
GRAFFITI
07/16/09
07/16/09
BISON COURT AT SEASTAR
GRAFFITI
07/16/09
07/17/09
MARGARITA AT PASEO BRILLANTE
DEBRIS
i
07/17/09
07/17/09
40257 PASEO DEL CIELO
TREE
07/20/09
R'.IMAINI AI hlAVIM ONIIT IITSORS\
DATE
RECD
LOCATION
REQUEST
DATE WORK ~I
COMPLETED
07/20/09
ORANGE BLOSSOM AT MARGARITA
DEBRIS
07/20/09
07/20/09
MARGARITA AT MORAGA
DEBRIS
07/20/09 ~j
07/20/09
CALLE PINA COLADA AT DEL MAR
GRAFFITI
07/202
07/20/09
SONORA COURT
SWEEPER ISSUE
07/20/09 I~
07/20/09
STANFORD AT CHANTEMAR
GRAFFITI
07/20/09
07/20/09
WABASH ATTEMECULA PARKWAY
GRAFFITI
07/20/09
07/20/09
STANFORD ROAD
GRAFFITI
07/20/09
07/21/09
TULLEY RANCH ROAD (GREEN BELT)
GRAFFITI
07/20/09
07/22/09
MEADOWS PARKWAY BTWN. LEENA & DE PORTOLA
GRAFFITI
07/22/09
07/24/09
RANCHO CALIFORNIA WAY AT COSMIC
DEBRIS
07/24/09
07/27/09
MARGARITA AT MORAGA
GRAFFITI
07/28/09
07/27/09
CHANTEMAR AT STANFORD
GRAFFITI
07/28/09
07/27/09
MARGARITA AT STONEWOOD
GRAFFITI
07/28/09
07/27/09
31171 DOG LEG CIRCLE
DEBRIS
07/27/09
07/28/09
07/28/09
WOLF VALLEY AT CAMINITO OLITE
MARGARITA AT MORAGA
GRAFFITI
DEBRIS
07/29/09
i
07/28/09
07/30/09
DORCHESTER AT SCARBOROUGH
CATCH BASIN
07/30/09
07/30/09
CALLE PINA COLADA AT VIA NORTE
GRAFFITI
07/30/09
07/30/09
CONGRESSIONAL AT TEMEKU DRIVE
GRAFFITI
07/30/09 l
07/30/09
ROSADO COURT AT DODARO DRIVE
GRAFFITI
07/30/09
07/31/09
VIA NORTE AT CALLE PINA COLADA
GRAFFITI
07/31/09
07/31/09
40816 CEBU DRIVE
CATCH BASIN
07/31/09
07/31/09
SOLANA BETWEEN MARGARITA AND YNEZ
GRAFFITI
07/31/09
07/31/09
SOLANA AT MARGARITA
GRAFFITI
07/31/09
~I
TOTAL SERVICE ORDER REQUESTS 84
i
II
R VNIAIk'IW W\WRK(0Mfl I MSORS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF JULY, 2009
DATE
07/01/09
LOCATION
PECHANGA PARKWAY
WORK COMPLETED _ JI
NEW INSTALL 10 K-MARKERS
07/01/09
MEADOWS PARKWAY AT LEENA ROAD
REPLACED
:1:R:4:-7:& 1 K-MARKER
07/02/09
WINCHESTER AT RORIPAUGH
REPAIR
1 R2-25
07/02/09
MARGARITA AT SOLANA
REPLACED
R3-7
07/02/09
SOLANA WAY BETWEEN YNEZ & MARGARITA
REPLACED
4 R26-COMBOS
07/07/09
CAMPANULA AT DE PORTOLA
REPLACED
R26-COMBO & R-81
07/07/09
PECHANGA AT DEER HOLLOW
NEW INSTALL
"C" PACKAGE
07/07/09
VAIL RANCH AT REDHAWK
NEW INSTALL
2 R-26D & 2 R-81
07/07/09
CAMPANULA AT DE PORTOLA
REPAIRED
2 DELINEATORS
07/07/09
RANCHO VISTA AT VIA EL GRECO
NEW INSTALL
2 CARSONITES
07/07/09
MARGARITA AT MORAGA
REPAIR
W1-7 & OM 1-3
07/10/09
32070 CAMINO GUARDA
REPLACED
W13-1
07/10/09
MARGARITA AT GEORGETOWN
REPLACED
2 DELINEATORS
07/13/09
DEL REY AT SOLANA WAY
REPLACED
1 TYPE L'S YELLOW
07/13/09
TEMECULA PARKWAY AT KEVIN PLACE
REPLACED
R4-7
07/14/09
MASHIE AT BALATA
REPAIR
R1-1
07/14/09
RANCHO CALIFORNIA ROAD AT OLD TOWN FRONT
REPAIR
R3-5
07/14/09
WINCHESTER AT NICOLAS
REPAIR
4 DELINEATORS
07/14/09
REDHAWK AT OVERLAND TRAIL
REPAIR
5 DELINEATORS
07/16/09
MEADOWS PARKWAY AT EMPEZAR STREET
REPLACED
R4-7
07/17/09
PECHANGA AT RAINBOW CANYON
REPAIR
R-26
07/21/09
PECHANGA PARKWAY
NEW INSTALL
18 TYPE "K" MARKERS
07/21/09
RAINBOW CANYON AT GOLF COURSE
NEW INSTALL
4 W 11-1 & 2 W16-7P
07/22/09
MEADOWS PARKWAY AT EMPEZAR STREET
REPLACE
TYPE K
07/22/09
RANCHO VISTA AT CAMINO ROMO
REPLACED
SNS
07/22/09
CALLE PINA COLADA AT DEL REY
REPAIR
R1-1
R WAIN I AIN\ W KCMPIdD\SIONM
DATE
LOCATION
WORK COMPLETED
07/27/09
MARGARITA AT OVERLAND
REPAIR
07/22/09
WINCHESTER AT RUSTIC GLEN
REPAIR
07/22/09
RORIPAUGH AT STARLING
REPAIR
07/23/09
TEMECULA PARKWAY AT COUNTRY GLEN
REPAIR
5
07/24/09
MARGARITA AT PIO PICO
REPAIR
07/24/09
MARGARITA AT HONORS
REPAIR
07/27/09
TEMECULA PARKWAY AT PECHANGA
REPAIR
R7-55
07/28/09
CAMPOS VERDES AT MANCERA
REPAIR
R26 / 81
07/28/09
NO. GENERAL KEARNY AT MARGARITA
REPLACED
W3-3
07/28/09
RUSTIC GLEN AT WINCHESTER
REPAIR
R3-2
07/30/09
DE PORTOLA AT CAMPANULA
REPLACED
94-7
TOTAL SIGNS REPLACED 20
TOTAL SIGNS INSTALLED 41
TOTAL SIGNS REPAIRED 28
R_WAIN fAI NMK(MPOU\MGNS\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF JULY, 2009
DATE
LOCATION
WORK COMPLETED
07/01/09
RANCHO VISTA ROAD
REPAINTED
11 LEGENDS
07/06/09
CITY WIDE SCHOOL LEGENDS
REPAINTED
23 LEGENDS
07/07/09
AREA #5 SCHOOL LEGENDS
REPAINTED
15 LEGENDS
07/08/09
AREA #5 SCHOOL LEGENDS
REPAINTED
15 LEGENDS
07/09/09
AREA #5 SCHOOL LEGENDS
REPAINTED
9 LEGENDS
07/10/09
CAMPANULA AT AVENIDA CIMA DEL SOL
REPAINTED
420 SQ. FT. OF WHITE LINE
07/14/09
WINCHESTER AT NICOLAS
REPAINTED
22 PARKING STALLS
07/14/09
WINCHESTER AT NICOLAS
REPAINTED
146 LEGENDS
07/17/09
MARGARITA AT SOLANA
REPAINTED
18 LEGENDS
07/20/09
NIGHT WORK/ CITY WIDE
REPAINTED
35 LEGENDS
07/23/09
NIGHT WORK/CITYWIDE
REPAINTED
21 LEGENDS
07/27/09
SCHOOL LEGENDS
REPAINTED
17 LEGENDS
07/28/09
SCHOOL LEGENDS
REPAINTED
26 LEGENDS
07/29/09
SCHOOL LEGENDS
REPAINTED
23 LEGENDS
TOTAL NEW & REPAINTED LEGENDS 407
NEW & REPAINTED RED CURB & STRIPING L.F. 0
R:WAIN 'I'.V iMN'RKC0.\11'IaIT.S I RI I'INf,
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OIL"-WAY TREE TRIMMING
MONTH OF JULY, 2009
DATE
LOCATION
WORK COMPLETED
07/01/09
33015 ROMERO
TRIMMED
1
R.O.W.
TREES
07/02/09
MARGARITA AT YNEZ
TRIMMED
1
R.O.W.
TREES
07/09/09
MARGARITA AT RANCHO CALIFORNIA ROAD
TRIMMED
2
R.O.W.
TREES
07/09/09
MARGARITA AT HONORS
TRIMMED
3
R.O.W.
TREES
07/09/09
MARGARITA AT MORAGA
TRIMMED
1
R.O.W.
TREES
07/09/09
MARGARITA AT COURTNEY
TRIMMED
1
R.O.W.
TREES
07/09/09
MARGARITA AT OVERLAND
TRIMMED
2
R.O.W.
TREES
07/09/09
MARGARITA AT NO. GENERAL KEARNY
TRIMMED
1
R.O.W.
TREES
07/09/09
CAMPOS VERDES AT NO. GENERAL KEARNY
TRIMMED
3
R.O.W.
TREES
07/09/09
MARGARITA AT NO. GENERAL KEARNY
TRIMMED
2
R.O.W.
TREES
07/09/09
MARGARITA AT AVENIDA BARCA
TRIMMED
1
R.O.W.
TREES
07/09/09
PAUBA AT LA PRIMAVERA
TRIMMED
2
R.O.W.
TREES
07/10/09
30661 SOUTHERN CROSS
TRIMMED
1
R.O.W.
TREES
07/16/09
MARGARITA AT PAUBA
TRIMMED
1
R.O.W.
TREES
07/16/09
29778 VIA PUESTA DEL SOL
TRIMMED
1
R.O.W.
TREES
07/16/09
MEADOWS PARKWAY AT RANCHO VISTA
TRIMMED
1
R.O.W.
TREES
07/20/09
40257 PASEO DEL CIELO
TRIMMED
3
R.O.W.
TREES
07/28/09
MARGARITA AT MORAGA
TRIMMED
1
R.O.W.
TREES
07/28/09
CAMPOS VERDES AT MANCERA
TRIMMED
1
R.O.W.
TREES
07/28/09
NO. GENERAL KEARNY AT CAMPOS VERDES
TRIMMED
1
R.O.W.
TREES
07/30/09
42056 HUMBER
TRIMMED
4
R.O.W.
TREES
TOTAL R.O.W. TREES TRIMMED
34
R VMAIN']%1:MWRKCOMP1 DAlRlJS
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
July / August 2009
Prepared by: Amer Attar
Submitted by: Greg Butler
Date: 8/25/2009
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be completed when the
mainline utilities are installed, which the City is undertaking - estimated start in June of 2009. A fire
engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re-
mobilizes, this cost is also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading
This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway.
All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in
December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting.
Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is
developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and Diaz Road from
Rancho California Road to Winchester Road. Contract work is complete. The 90-day landscape
maintenance period was completed effective 7/1/09. Turnover of the project to the City was made
effective 7/9/09, after a final walk-through. Project acceptance by City Council is scheduled for 08/11/09.
Old Town Infrastructure Project -Town Square and Mercedes & Main Street
This project involves construction of the Town Square and street improvements on Mercedes & Main
Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements
are complete and all the roadways are paved. Work near completion in the Town Square and the
Fountain is fully functional. Various specialty items and added work will extend the completion date
through August 2009.
Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @
Pechanga Rd.
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The
contractor has essentially completed the roadway improvements. The remaining work includes
landscaping/irrigation & some change order work. The extra work includes landscape & irrigation work
as well as the construction of dual right turn lanes at Temecula Pkwy. Because of the added work,
completion of the project is anticipated for Sept/Oct 2009.
Old Town Infrastructure Projects
- Parking Structure & Office/Retail Frontage
This project includes the site grading and retaining walls for the Civic Center & the Parking Structure site
as well as construction of a parking structure, including office frontage shell space. Construction of
elevated slabs is complete. B occupancy structure erection and interior parking structure improvements
are ongoing.
Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of
RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration
Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be
awarded pending confirmation of FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to Edge
Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on foundations and
structural steel erection.
Temecula Community Center Expansion
Work began on January 13, 2009. The building is currently being framed. The anticipated completion
date of the project is October 2009. The Escallier house and barn have been fumigated for termites. Dry
rot & termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits
are required. Resubmittal is expected in 1 month.
De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This
is a federally funded project. Construction began the week of 3/16/09. All base paving work is complete,
corrective grinding measures to improve ride-ability on the south (eastbound) side and cap paving for the
south side and center median area is scheduled for the week of 8/17/09.
Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east.
Construction began on June 3, 2009 and is anticipated to be completed by December 2009. Contractor
is working at night on the dig-out sections between Moraga Road and Margarita Road.
Traffic Signal Installation - Citywide, Butterfield Stage Rd at Welton Way / Channel St
This project will install a new traffic signal on Butterfield Stage Road at Welton Way / Channel Street.
Work began on July 6, 2009 and is anticipated to be completed in August 2009. Foundations have been
poured and conduit has been installed. Contractor is replacing concrete panels.
Traffic Signal Installation - Citywide, Meadows Pkwy at McCabe Dr
This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work began on July
6, 2009 and is anticipated to be completed in August 2009. Foundations have been poured and conduit
has been installed. Contractor is replacing concrete panels.
Citywide Slurry Seal Project FY08-09
This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. Contract was awarded
at the May 26, 2009 Council meeting. This project is complete. We are waiting on the final inspection
report to issue Notice of Completion.
Street Striping Program FY 2009-10
This project will refresh old striping throughout the City. Bids were opened on June 23, 2009 and Pacific
Striping, Inc. was the low bidder. The contract was awarded at the July 14, 2009 City Council meeting.
The City signed Contracts are back with the City and are in the process of create a PO. A Pre Con will
be set up pending the City issuance of a Purchase Order.
Citywide Concrete Repairs FY 2008-09
This project will replace concrete at various locations in the City. Bids were opened on June 2, 2009. The
contract was awarded to B & T Works, Inc. at the June 23, 2009 Council meeting. The contractor started
work on July 27, 2009 and is scheduled to be completed by early September 2009.
Traffic Signal Interconnect Equipment Installation
This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California
Road to Pio Pico Road. Bid were opened on July 30, 2009. Project is scheduled to go to council on
August 25, 2009 to award contract to contractor.
PROJECTS IN DESIGN
Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15
This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79
South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the
striping.
Pechanga Parkway Storm Drain Improvements - Environmental Mitigation
This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements-
Stage I. The wetlands will be created through the construction of new landscape & irrigation systems.
The site is located along the north bank of Temecula Creek (within flood-plain/way areas). The
environmental regulatory agencies have approved this new mitigation area. Mylars are ready for
signature. The contract bid documents were reviewed and will be revised to incorporate all of the
corrections. Offers for purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 mtg. The proposed improvements cannot be
implemented until the City obtain possession of the properties. Currently, the City is communicating with
the various regulatory agencies concerning an alternative mitigation strategy suggested by the State
Department of Fish & Game.
Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a
bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the
state environmental regulatory agencies is required. The 90% plan comments have been returned to the
consultant for corrections. The consultant has submitted a proposal for additional scope of work. The
City Council approved an amendment to the consultant contract at the 08-11-09 Council Meeting.
Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon
Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and
coordination issues associated with pursuing the bridge replacement as a project separate from the
Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental
technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant.
Resubmittal of technical reports to Caltrans is anticipated in August'09. The draft 100% PS&E package
was received from the design consultant on 2/17/09, and staff review is complete. Comments on draft
100% plans is expected to be resubmitted to design consultant in August'09. Mitigation for the project,
previously not expected, has become a potential requirement, discussions are underway with the
resource agencies to clarify.
Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek
near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The
approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08,
technical reports were submitted to Caltrans on 5/13/09. Staff comments on draft 100% plans were
returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans
in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical
reports to Caltrans is anticipated in August'09.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new bridge over
Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new
structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor.
Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are
being reviewed. The Mitigated Negative Declaration (MND) has been noticed and the response to
comments is being prepared.
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary constraints, the
construction was divided into phases over a number of years. At the December 11, 2007 meeting, the
City Council approved an agreement with RJM for the construction drawings of the chosen amenities,
which include a half court basketball court, ADA accessible parking, and dog park at Redhawk
Community Park, a seatwall and shade structure at Sunset Park. Authorization to advertise for
construction bids was received from the Community Services District Board of Directors at the 6/23/09
meeting. The project will be advertised for bids during the next period.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South)
at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP
for this project is being reviewed and may change the configuration of the detention basins. This project
is currently on hold.
Pechanga Pkwy-Dual Right Turn Lanes from
Temecula Parkway (SR 79S)
This project includes the design and construction of 2 right-turn lanes on eastbound Temecula Pkwy to
southbound Pechanga Pkwy. The project includes the widening of Temecula Pkwy at Pechanga Pkwy &
relocation of traffic signal poles. The Pechanga Pkwy Ph II St Improvements' contractor is currently
constructing this work, as a change order to their contract. Construction is anticipated to be complete by
Sept 2009.
Santiago Detention Basin
This project includes the design and construction of a detention basin, which is 1 acre in size and located
on the south side of Santiago Rd between Vallejo Ave & Orsmby Rd. Plans and Specifications (P&S) are
99% complete. The environmental reports are being updated. Upon completion of the P&S, the bid
documents will be finalized. This project has been de-funded in the new CIP budget and will be shelved.
Winchester Road / State Route 79 North - North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to the
existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The
100% design package has been reviewed and upon completion of these revisions it will be submitted to
Caltrans for construction authorization. Submittal is expected during the next period.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements - Phase 1
(PS&E)
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design
work. Status is as follows:
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
> Right of Way - Establishing limits of dedication.
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
> Utilities - Pothole of existing utilities within APE are complete.
> Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and IBC
concurrence. Selection was incorporated into Draft Structures PS&E submittal.
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys &
Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The
land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be
acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be
available until the Creek project is completed. A conceptual design committee meeting was held on
January 27, 2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years 2008-2013. The
consultant is finalizing City comments and developing a least cost financial scenario for inclusion into the
final report which will be completed over the next period.
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination is
finalized.
Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek
Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The City
Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was
held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle
Transportation Account funds was approved on 05/01/09. 30% design plans have been submitted by
the consultant for review.
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing the street and
minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley
(Liefer Road) area. The City Council approved an agreement for the street improvement design with
David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of
the street improvements was held on 12/17/08. 60% plans are being reviewed by staff.
Roripaugh Ranch Street Improvements - Phase I
Phase I includes the construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC),
South Loop Rd and Butterfield Stage Rd from MHSR to CC/So Loop Rd and getting the Fire Station
functional. Currently, liens have been resolved and settlements have been reached. Thus, staff was
given formal direction to proceed with the design of this project. Staff is working on the Bid Package. The
developer will start to work on the R/W acquisition and perform all their MOU commitments. The City will
obtain contracts for all applicable design consultant to proceed with the design.
PROJECTS IN THE PLANNING STAGE
1-15 / SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. City
continued development of design geometrics, technical studies, and reports. Status of outstanding items
are as follows:
> Project Report - Under Caltrans review.
> Supplemental Fact Sheet - Under Caltrans review.
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007. Final approval
pending approval of the Final Environmental Document.
> Geometric Approval Drawings - Under Caltrans review.
> Final Environmental Document - Approved June 2009.
> Life Cycle Cost Analysis - Under Caltrans review.
French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements (PA & ED)
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split.
City continued development of the Project Report and Environmental Document. Status is as follows:
> Draft Project Report - Approved June 2006.
> Project Report - City preparing 1 st draft.
> Draft Environmental Document - Approved April 2009.
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
> Traffic Operations Analysis - Approved 02/05/08.
> Exception to 20-yr Traffic Design - Approved 12/17/07.
> Stormwater Data Report - Under Caltrans review.
> Mandatory Design Exceptions - Approved 07/18/06.
> Advisory Design Exceptions - Approved 07/18/06.
> Exception to Ramp Metering Policy - Approved 07/05/06.
> Geometric Approval Drawings - Approved 07/18/06.
> Revised Geometric Approval Drawings - Approved 01/11/08.
> Storm Drain Study - Approved 03/21/08.
> Floodplain and Scour Analysis Report - Approved Oct 2008.
> Final Environmental Document - City preparing first draft.
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - Execution pending approval of the Project Report.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
Temecula Creek Crossing - Access to Highway 79 South (Temecula Parkway)
The project consists of performing an alignment study to set a specific horizontal and vertical alignment
for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road,
including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is
pending allocation of funds for design.
CITY OF TEMECULA PAGE 1 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID
bid date)
PROJECTS UNDER CONSTRUCTION
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be
Contractor: Tovey Shultz Construction, Inc.
completed when the mainline utilities are installed, which the City is undertaking -
PW03-01
I
Contract Amount: $3,298,000
David McBride
97%(9109)
93%
estimated start in September of 2009. Afire engineRruck venting system
Approved Change Orders: $212,768.24
(requested/added on 2/06) will be installed when the Contractor re-mobilizes, this cost is
Account No. 210-165-741
also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway
This project provided for the rough grading of the vacant City property at Diaz Road and
(Northwest RDA Property) - Rough Grading
Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including
PW06-03
I
Contractor: Skanska
David McBride
Complete
100%
hydroseeding, was completed in December of 2008. A notice of completion was approved
Final Contract Cost $5,948,799.71
by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be
incurred for NPDES measures until such time the property is developed.
Murrieta Creek Multi Purpose Trail
This project will build equestrian, pedestrian and bike trails between Murrieta Creek and
Contractor: IAC Engineering, Inc.
Diaz Road from Rancho California Road to Winchester Road. Contract work is complete.
PW01-27
I
ContractAmount: $1,308,148.48
Jon Salazarl
100% (02109)
100%
The 90-day landscape maintenance period was completed effective 7/1/09. Turnover of
Approved Change Orders (1-12): $217,447.09
Amer Attar
the project to the City was made effective 7/9/09, after a final walk-through. Project
Account No. 210-190-142-58XX
acceptance by City Council is scheduled for 08/11/09.
Old Town Infrastructure Project-Town Square and
This project involves construction of the Town Square and street improvements on
Mercedes & Main Street
Mercedes & Main Streets. The project was awarded on March 18, 2008. All storm drain,
Contractor: LH Engineering Contract Amt:
sewer, and water improvements are complete and all the roadways are paved. Work near
PW06-07
I
$3,458,495.00
Approved Change Order(s) $ 252,298.15
David McBride
°
99/° (9109)
°
95%
completion in the Town Square and the Fountain is fully functional. Various specialty
{ }
1C & 1 E
items and added work will extend the completion date through August 2009.
Account Nos.:
210-165-636
210-165-643
Pechanga Parkway Phase Ii Street Improvements
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to
from Temecula Parkway to City Limits @ Pechanga
Pechanga Rd. The contractor has essentially completed the roadway improvements. The
PW99-11
Rd.
Mayra De La
remaining work includes Ian dscaping/irrigation & some change order work. The extra work
(Ph II)
I
Contractor: All American Asphalt
tr
Torre/Amer
°
98 f°
70%
includes landscape & irrigation work as well as the construction of dual right turn lanes at
Con
act Amount: $8,131,964.98
Attar tar
Temecula Pkwy. Because of the added work, completion of the project is anticipated for
Account No. 210-165-668-58XX
Sept/Oct 2009.
Old Town Infrastructure Projects
This project includes the site grading and retaining walls for the Civic Center & the Parking
- Parking Structure & Office/Retail Frontage
Structure site as well as construction of a parking structure, including office frontage shell
PW06-07
David
space. Construction of elevated slabs is complete. B occupancy structure erection and
(1 D)
I
Contractor: PGL Construction
Contract Amount: $15
797
010.00
McBridel Bill
62%(12109)
54%
interior parking structure improvements are ongoing.
,
,
Approved Change Orders: ($279,042.69)
McAteer
Account No. 210-165-644
Ronald Reagan Sports Park Channel Silt Removal &
This project includes restoring the Best Management Practices (BMP) of the Stormwater
Desiltation Pond
Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and
Contractor: Sean Malek
William
°
the requirements of RWQCB by desilting the basin located near the Sports Park. 401
PW05-13
I
Engineering Contract Amount: $315,510
Becerral Avlin
0
o%
Certification
Streambed Alteration Agreement
and Nationwide Permits have been
Account No. 210-190-187-58XX
Odviar
Odvi
,
,
acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of
FEMA reimbursement funding.
CITY OF TEMECULA PAGE 2 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to
Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on
PW06-07
Contractor: Edge Development
Bill McAteer/
foundations and structural steel erection.
Ph2
I
Contract Amount: $31,555,500
David McBride
24%(9110)
21%
Approved Change Orders: $43,326
Account No. 210-165-751-58XX
Temecula Community Center Expansion
Work began on January 13, 2009. The building is currently being framed. The anticipated
Contractor: Erickson-Hall Construction Company
completion date of the project is October 2009. The Escallier house and barn have been
Contract Amount: $1,184,000.00
William
fumigated for termites. Dry rot & termite infested wood has been removed and replaced.
PW06-05
III
Becerral
69°f°
83%
Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1
Account No. 210-190-197
McBride
month.
De Portola Road Pavement Rehabilitation Project
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to
(from Jedediah Smith to Margarita)
Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09.
PW06
10
I
Contractor: Hardy & Harper, Inc.
t
t
t
$
Jon Salazar/
94%
45%
All base paving work is complete; corrective grinding measures to improve ride-ability on
-
Con
rac
Amoun
:
1,161,000
Approved Change Orders (1-3): $166,002.01
Amer Attar
the south (eastbound) side and cap paving for the south side and center median area is
scheduled for the week of 8/17/09.
Account No. 210-165-656-58XX
Pavement Rehabilitation Rancho California Road
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on
(Ynez to East City Limit) - STPL Project
Kendra
the east. Construction began on June 3, 2009 and is anticipated to be completed by
PW06-14
I
Contractor: All American Asphalt
Hannah-
42%(12109)
6%
December 2009. Contractor is working at night on the dig-out sections between Moraga
ContractAmt: $3,666,004.25
Meistrell!
Road and Margarita Road
Avlin Odviar
.
Account No. 210-165-657
Traffic Signal Installation - Citywide, Butterfield Stage
This project will install a new traffic signal on Butterfield Stage Road at Welton Way /
Rd at Welton Way I Channel St
Kendra
Channel Street. Work began on July 6, 2009 and is anticipated to be completed in August
PW07-09
I
Contractor: Christopher R. Morales, Inc.
Hannah-
67%(8109)
34%
2009. Foundations have been poured and conduit has been installed. Contractor is
Contract Amount: $323,893.00
Meistrell f
replacing concrete panels
Avlin Odviar
.
Account No. 210-165-669-58XX
Traffic Signal Installation - Citywide, Meadows Pkwy
This project will install a new traffic signal on Meadows Parkway at McCabe Drive. Work
at McCabe Dr
Kendra
began on July 6, 2009 and is anticipated to be completed in August 2009. Foundations
PW07-10
I
Contractor: Christopher R Morales, Inc.
Hannah-
67%(8/09)
34%
have been poured and conduit has been installed. Contractor is replacing concrete
Contract Amount: $323,983.00
Meistrell!
panels
Avlin Odviar
.
Account No. 210-165-672-58XX
Citywide Slurry Seal Project FY08-09
Chris White 1
This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. Contract
PW 09-01
I
Contractor: Pavement Coating Company
Mayra De La
100%
35%
was awarded at the May 26, 2009 Council meeting. This project is complete. We are
Contract Amount: $323,817.17
Torre
waiting on the final inspection report to issue Notice of Completion.
Account No. 001-164-601-54XX
Street Striping Program FY 2009-10
This project will refresh old striping throughout the City. Bids were opened on June 23,
Contractor: Pacific Striping, Inc.
Chris White 1
2009 and Pacific Striping, Inc. was the low bidder. The contract was awarded at the July
PW09-04
I
Contract Amount: $111,925.00
Mayra De La
0%
0%
14, 2009 City Council meeting. The City signed Contracts are back with the City and are in
Account No. 001 -1 64-601-54xx
Torre
the process of create a PO. A Pre Con will be set up pending the City issuance of a
Purchase Order.
CITY OF TEMECULA PAGE 3 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Citywide Concrete Repairs FY 2008-09
This project will replace concrete at various locations in the City. Bids were opened on
Contractor: B & T Works, Inc.
Chris
June 2, 2009. The contract was awarded to B & T Works, Inc. at the June 23, 2009
PW09-03
I
Contract amount of $113,915.55
White/Mayra
43%
0%
Council meeting. The contractor started work on July 27, 2009 and is scheduled to be
Account No. 001 -1 64-601-54xx
De La Torre
completed by early September 2009.
Traffic Signal Interconnect Equipment Installation
Chris
This project will install traffic signal interconnect equipment on Margarita Road, form
PW04-05
I
Contractor: High-Light Electric, Inc.
White/Mayra
0%
0%
Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Project is
Contract Amount: $211,878.00
De La Torre
scheduled to go to council on August 25, 2009 to award contract to contractor.
Account No. 210-165-712-58xx
PROJECTS BEING DESIGNED BY CONSULTANTS
Re-Stripe Route 79 South to 8 lanes from Pechanga
This project will provide four lanes in each direction on Temecula Parkway (formerly State
Parkway to 1-15
Kendra
Route 79 South) from 1-15 to Pechanga Parkway. The City is working to meet Caltrans
PW07-08
I
Consultant: JMD
Hannah-
60%(07/09)
50%
requirements to do the striping.
Amount: $29,210.00
Iin Oell J
Avlin dviar
Account No. 210-165-676-58XX
Pechanga Parkway Storm Drain Improvements-
This project includes the construction of new wetlands for the Wolf Valley Creek Channel
Environmental Mitigation
Improvements-Stage 1. The wetlands will be created through the construction of new
landscape & irrigation systems. The site is located along the north bank of Temecula
Consultants: Community Works Design
Creek (within flood-plain/way areas). The environmental regulatory agencies have
PW99-
Contract Amount: $29,840
M
D
L
approved this new mitigation area. Mylars are ready for signature. The contract bid
I
ayra
e
a
98%
98%
documents were reviewed and will be revised to incorporate all of the corrections. Offers
11 EM
Account No. 210-165-668-58XX
Torre
for purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property at their 11/25/08 mtg. The proposed improvements
cannot be implemented until the City obtain possession of the properties. Currently, the
City is communicating with the various regulatory agencies concerning an alternative
mitigation strategy suggested by the State Department of Fish & Game.
Murrieta Creek Bridge and Overland Drive Extension
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz
from Commerce Center to Diaz Rd
Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army
Chris White/
Corps of Engineers and the state environmental regulatory agencies is required. The 90%
PW00-26
I
Consultant: Project Design Consultants
Mayra De La
90%
90%
plan comments have been returned to the consultant for corrections. The consultant has
Contract Amount: $466,940
Torre
submitted a proposal for additional scope of work. The City Council approved an
Account No. 210-165-602-58XX
amendment to the consultant contract at the 08-11-09 Council Meeting.
Main Street Bridge Over Murrieta Creek
This project will replace the existing Main Street Bridge over Murrieta Creek. Design
(Replacement)
consultant Simon Wong Engineering (SWE) and the City are continuing to pursue
Consultant: Simon Wong Engineering
environmental permitting and coordination issues associated with pursuing the bridge
Contract amount: $317,719
replacement as a project separate from the Army Corps of Engineer's Murrieta Creek
Amendment No. 1: Contract term extension
Amendment No 2: Contract term extension
Jon Salazar/
92% (Phases I
Improvement project. Comments on the environmental technical reports were received
PW03-05
I
Amendment No. 3: $322,305
Amer Attar
96%(8109)
& II) - 97%
from Caltrans on 4/28/09, and are being addressed by the consultant. Resubmittal of
Amendment No. 4: $24,063 (RCWD waterline)
(Phase 3)
technical reports to Caltrans is anticipated in August'09. The draft 100% PS&E package
was received from the design consultant on 2/17/09, and staff review is complete.
Account No. 210-165-743-58XX
Comments on draft 100% plans is expected to be resubmitted to design consultant in
August '09. Mitigation for the project, previously not expected, has become a potential
requirement; discussions are underway with the resource agencies to clarify.
CITY OF TEMECULA PAGE 4 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
074
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Pedestrian/Bicycle Bridge Over Santa Gertrudis
This project includes the construction of an approx. 150' ped/bike bridge over Santa
Creek
Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a
Consultant: Nolte Associates
NEPA document. The approved Preliminary Environmental Study (PES) form was
Contract Amount: $132,807
Jon Salazar!
received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on
PW05-11
I
Account No. 210-165-738-58XX
Amer Attar
98°l° (8109)
74%
5/13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09.
Comments on environmental technical reports received from Caltrans in June, and are
being addressed by City staff and consultants. Resubmittal of environmental technical
reports to Caltrans is anticipated in August '09.
Western Bypass Bridge Over Murrieta Creek
This project involves the design, environmental clearance, and construction of a new
Consultant: TYLIN International
bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension
Contract Amt: $378,
76.20
William
of Pujol Street to the new structure. Once constructed, this will serve as the southerly
PW06-04
I
$
Amen
Amendment ent 2 Amt: : $244,824.80
Becerral Avlin
70%
70%
connection of the Western Bypass Corridor. Design is underway. Geotechnical
Account No. 210-165-660-58XX
Ociviar
investigations have been initiated and 90% Plans and Specs are being reviewed. The
Mitigated Negative Declaration (MND) has been noticed and the response to comments is
being prepared.
Redhawk Park Improvements
This project will add amenities to four park sites in the Redhawk area. Due to budgetary
Consultant: RJM Design Group, Inc.
constraints, the construction was divided into phases over a number of years. At the
Contract Amount: $164,574
Kendra
December 11, 2007 meeting, the City Council approved an agreement with RJM for the
PW06-06
I
Account No. 210-190-144-58XX
Hannah-
100% (06109)
80%
construction drawings of the chosen amenities, which include a half court basketball court,
Meistrell I
ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and
Avlin Odviar
shade structure at Sunset Park. Authorization to advertise for construction bids was
received from the Community Services District Board of Directors at the 6/23/09 meeting.
The project will be advertised for bids during the next period.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway
(formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for
Design Develo mentAAE
Inc.
Bill McAteerI
revision and resubmittal. The WQMP for this project is being reviewed and may change
PW06-09
I
,
Con tact amount $109,085
David McBride
75%
75%
the configuration of the detention basins. This project is currently on hold.
Amendment #1 $20,500
Account No. 210-165-747-58XX
Pechanga Pkwy-Dual Right Turn Lanes from
This project includes the design and construction of 2 right-turn lanes on eastbound
Temecula Parkway (SR 79S)
Temecula Pkwy to southbound Pechanga Pkwy. The project includes the widening of
PW06-11
I
Consultant: Cozad & Fox
Mayra De La
100%
99%
Temecula Pkwy at Pechanga Pkwy & relocation of traffic signal poles. The Pechanga
Contract Amount: $29,010
Torre
Pkwy Ph II St Improvements' contractor is currently constructing this work, as a change
Account No. 210-165-637-58XX
order to their contract. Construction is anticipated to be complete by Sept 2009.
Santiago Detention Basin
This project includes the design and construction of a detention basin, which is 1 acre in
Consultant: Kimley Horn
size and located on the south side of Santiago Rd between Vallejo Ave & Orsmby Rd.
PW06-12
I
Contract Amount: $65,250
Mayra De La
95%
95%
Plans and Specifications (P&S) are 99% complete. The environmental reports are being
Account No. 210-165-666-58XX
Torre
updated. Upon completion of the P&S, the bid documents will be finalized. This project
has been de-funded in the new CIP budget and will be shelved.
CITY OF TEMECULA PAGE 5 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Vlrnchester Road / State Route 79 North - North
This federally funded project will design and construct landscaping and irrigation
Corridor Beautification
enhancements to the existing raised medians along Winchester Road between Ynez
PW06-15
I
Consultant: RBF
Agreement Amount: $ 179,916.00
David McBride
99%
99%
Road and the easterly City limits. The 100% design package has been reviewed and upon
Approved EVVA's: $ 6,000
completion of these revisions it will be submitted to Caltrans for construction authorization.
Submittal is expected during the next period.
Account No. 210-165-638
French Valley Parkway / Interstate 15 over-Crossing
A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over
and Interchange Improvements- Phase 1 (PS&E)
Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of
Consultant: Moffatt & Nichol
Phase 1. City continued the design work. Status is as follows:
Amend. No. 1: $ 507,881.00
4: $
.
8
.00
No.
> PS&E - City is preparing 95% Plans, Specifications, and Estimate.
$1,,087087,,33
8:
00
.00
Amend.
No.
William
> Right of Way - Establishing limits of dedication.
Notes:
Becerraf
> Declaration of Units - Caltrans Approved Metric Exception for this phase.
PW07-04
I
> Amend. Nos. 1, 4, & 8 amend original agreement
Avlin OdviarJ
60% (05110}
61°!°
> Utilities - Pothole of existing utilities within APE are complete.
under PW02-11.
Amer Attar
> Conceptual Landscape/Aesthetics - Concept was selected, with Murrieta, Caltrans, and
> Amendment amounts represent portion
IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal.
appropriated for PW07-04.
Account No. 210-165-719-58XX
Other:
> Maintenance Agreement - City preparing exhibit for first draft.
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium
Consultant: WLC Architects
adjacent the Boys & Girls Club on Pujol Street. WLC is still working on design scenarios
Contract Amount: $307,390.00
with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta
PW07-
05CSD
II
Account No. 210-190-186
Bill McAteer!
DavidMcBride
10% (12109)
5%
Creek Improvements project and it will need to be acquired from Riverside County Flood
Control (RCFC) for the current design. The land will not be available until the Creek
project is completed. A conceptual design committee meeting was held on January 27,
2009.
Pavement Management Program Update
This project will update the City's Pavement Management Program (PMP) for the years
Consultant: UUlldan
2008-2013. The consultant is finalizing City comments and developing a least cost
PW07-11
I
Agreement Amount: $ 66,915
David McBride
100
°J°
90%
financial scenario for inclusion into the final report which will be completed over the next
Account Nos.:
period.
001-164-601-5248
210-165-655-58XX
Santa Gertrudis Creek Pedestrian/Bicycle Trail
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis
Extension and Interconnect
Kendra
Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at
Alignment Study, Design & Environmental Clearance
Hannah-
Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08
PW08-04
11
Consultant: Hall & Foreman, Inc.
Meistrell 1
30%(12/09)
25%
meeting. The kick off meeting was held on 01/08/09. The alignment study has been
Contract Amount: $246,865.00
Avlin Odviar
completed. Extension of time for the Bicycle Transportation Account funds was approved
Account No. 210-165-739-68XX
on 05/01/09. 30% design plans have been submitted by the consultant for review.
Nicolas Valley - Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing
Consultant: David Evans &Associates (DEA)
Kendra
the street and minor storm drain improvements on the unimproved portions of certain
Contract Amount: $120,900.00
Hannah-
streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement
PW08-06
II
Meistrell
!
60%(08109)
60%
for the street improvement design with David Evans and Associates at the 10/28/08 City
Account No. 210-165-502-58XX
i
Avlin O
ar f
Amer Advtt
Attar
Council Meeting. The kick off meeting for the design of the street improvements was held
on 12/17/08. 60% plans are being reviewed by staff.
CITY OF TEMECULA PAGE 6 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp)
PAID ($j
bid date)
Roripaugh Ranch Street Improvements- Phase I
Phase I includes the construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle
Construction of Butterfield Stage Road
Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC/So Loop Rd
Mayra De La
and getting the Fire Station functional. Currently, liens have been resolved and
PW09-02
I
Consultant: David Evans &Associates (DEA)
Torre/Amer
0%
0%
settlements have been reached. Thus, staff was given formal direction to proceed with the
Contract Amount:
Attar
design of this project. Staff is working on the Bid Package. The developer will start to work
Account No. 210-165-723-58XX
on the RAN acquisition and perform all their MOU commitments. The City will obtain
contracts for all applicable design consultant to proceed with the design.
PROJECTS BEING DESIGNED BY STAFF
Long Canyon Detention Basin - Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove
PW04-07
I
0%
NIA
excess silt deposited within the basin before constructing the access road. Project is on
hold until FEMA determination is finalized.
PROJECTS IN THE PLANNING STAGE
1-161 SR 79S Ultimate Interchange
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected
Project Report (PR)
future traffic. City continued development of design geometrics, technical studies, and
Consultant: RBF Consulting
reports. Status of outstanding items are as follows:
Contract Amount: $ 325,944.00
Amendment No. 1: 98,196.00
Extra Work Auth. No. 1: 13,426.00
> Project Report -Under Caltrans review.
PW04-08
I
Extra Work Auth. No. 2: 17,732.00
Avlin Odviarl
95%(07109)
95%
> Supplemental Fact Sheet - Under Caltrans review.
(Extra Work Auth. No. 3: 18,428.00)
Amer Attar
> Modified Access Report - FHWA Determination of Acceptability, approved July 2007.
(Extra Work Auth. No. 4: 5,032.00)
Final approval pending approval of the Final Environmental Document.
(Extra Work Auth. No. 5: 21,240.00)
> Geometric Approval Drawings - Under Caltrans review.
Note: EWA No. 3, 4, and 5 will be paid with unused
> Final Environmental Document - Approved June 2009.
portion of Amend No. 1.
> Life Cycle Cost Analysis - Under Caltrans review.
Account No. 210-1654-662-58XX
CITY OF TEMECULA PAGE 7 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
French Valley Parkway / Interstate 15 Over-Crossing
This project will construct an interchange between Winchester Road Interchange and the I
and Interchange Improvements (PA & ED)
-15/1-215 split. City continued development of the Project Report and Environmental
Consultant: Moffatt & Nichol
Document. Status is as follows:
Agreement Amount: $1,091,693.00
Amend. No. 1: 202,652.40-
Amend. No. 2: 21 21,63030.000
> Draft Project Report - Approved June 2006.
CCO No. 1: 25,000.00
> Project Report -City preparing 1 st draft.
CCO No. 2: 8,000.00
> Draft Environmental Document - Approved April 2009.
CCO No. 3: 18,008.00
> New Connection Report (NCR) - Letter of Acceptability received in July 2008.
CCO No. 4: 11,320.00
> Traffic Operations Analysis - Approved 02/05/08.
CCO No. 5: 37,645.00
> Exception to 20-yr Traffic Design - Approved 12/17/07.
Amend. No. 3: 283,982.52
> Stormwater Data Report - Under Caltrans review.
Amend. No. 4: See PW004
00..
.
5:
1
69
,
00
00
No.
> Mandator Design Exceptions roved 07/18/06.
6:
1
10
,
91
7
.00
Amend.
No.
William
> Advisory Design Exceptions - Approved 07/18/06.
Amend. No. 7: 14,573.36
Becerra! Avlin
°
°
> Exception to Ramp Metering Policy - Approved 07/05/06.
PW02-11
I
Amend. No. 8 See PW07-04
Odviarf Amer
(03110)
g0
% °
> Geometric Approval Drawings - Approved 07/18/06.
Amend. No. 9 100,000.00
Attar
> Revised Geometric Approval Drawings - Approved 01/11/08.
Notes:
> Storm Drain Study- Approved 03/21/08.
> Amend. No.1 also applies to PVV07-04. See PVV07
'
> Floodplain and Scour Analysis Report - Approved Oct 2008.
I apportionment.
-04 for add
> Final Environmental Document - City preparing first draft.
Account No. 210-165-677-58XX
Other:
> Declaration of Units - Request for Metric Exception denied by Caltrans.
> Freeway Agreements - Execution pending approval of the Project Report.
> Risk Management Plan - Updating as necessary.
> Project Charter - 1 st draft is under Caltrans review.
> Maintenance Agreement - Preparing 1st submittal for Caltrans review.
> Financial Plan - Updating as necessary.
Temecula Creek Crossing - Access to Highway 79
The project consists of performing an alignment study to set a specific horizontal and
South (Temecula Parkway)
vertical alignment for an extension of Avenida de Missions southerly to gain vehicular
Bridge Alignment Study- Avenida de Missions over
Kendra
access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final
PW08-03
I I
Temecula Creek
Consultant: Nolte Associates, Inc.
Hannah-
Meistre111 Avlin
100%
100%
engineering report is complete. Project is pending allocation of funds for design.
Contract Amount: $87,923.00
Odviar
Account No. 210-165-677-68XX
PROJECTS WAITING IN THE WINGS
PW00-29
11
Citywide Master Drainage Plan
( )
%
Postponed.
Multi-Trails System- Margarita Road Under Crossing
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek
Consultant: LAN Engineering
under Margarita Road. Data regarding existing utilities are being incorporated into the
PW04-13
I
Contract Amount: $114,426.00
William
100%
100%
design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This
Becerra
project cannot be constructed until adequate funds are identified. An application was
submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06.
CITY OF TEMECULA PAGE 8 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Sam Hicks Monument Park Playground Replacement
This project will replace the playground at Sam Hicks Monument Park to comply with new
PW06-16
0%
NIA
standards. The funding for this project is through Community Development Block Grant.
Funding for this project has been reallocated to a future fiscal year.
Auxiliary Lanes on 1-15 in Temecula
A feasibility study will be conducted to determine if auxiliary lanes can be added between
on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to
PW06-17
I
Amer attar
conduct the study was published on the City's website on 02/14/07. Proposals were
received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to
funding constraints, this project is being delayed until Fiscal Year 2009/ 2010.
RIGHT OF WAY RELATED PROJECTS
French Valley Parkway/ 1-15 Overcrossing and
William
The review appraisal is complete. Caltrans has approved the appraisals. The City Council
PW02-11
I
Interchange, Project Report (PR)
Becerral Amer
NIA
NIA
reviewed this matter in Closed Session on June 9, 2009.
Attar
Butterfield Stage Road - Roripaugh CFD
Now that liens have been resolved and settlements have been reached, the developer will
Project Description: Right-of-Way issues associated
Mayra De La
resume to perform their MOU commitments and obtain the required RM. The developer
CFD 03-02
with the construction of specific improvements (BSR,
Torre/ Amer
was directed to focus on the RAM issues related to the properties within Phase 1 of the
MHSR, fire station, etc.)
Attar
project first.
Contractor: N/A; Contract: N/A
Diaz Realignment
Al required right-of--way documents have been recorded with the County; consultant
PW 95-27
1
Jon Salazar!
surveyor is in the process of recording the Record of Survey, which will complete the
Amer Attar
process.
Pechanga Parkway (right turn lanes)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A
PW 06-11
Amer Attar
check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in
mid February. The City gained possession of the property as of June 5, 2009.
Pechanga Parkway (mitigation land)
Purchase & Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting.
PW 99-11
Amer Attar
A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in
mid February. The City is working on the legal documents to gain possession of the
property.
Surplus Land : Diaz Road Realignment
Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and
Sale Agreement was prepared by City and it was presented to the buyer. The agreement
Amer Attar
has been agreed upon by the City and the buyer. A new revised agreement that include
the lot line adjustment was drafted. The City Council approved the Purchase and Sale
Agreement at the 08-11-09 City Council meeting.
Riverside County Flood Control Parcels-Old Town
Staff received Purchase Agreements from RCFC to purchase portions of six parcels. City
met with Flood Control in January and asked for updated values. RCFC will revise their
Beryl
offers based on current sales comps. Staff is also working with RCFC to finalize the
A
Amer Attar ar
Amer
Purchase & Sale Agreement. RCFC requested that the City quitclaim a channel
easement for another parcel (APN 922-035-024) and for City to accept the Declaration of
Dedication. This matter was approved by the City Council at the 2/24/09 meeting.
CITY OF TEMECULA PAGE 9 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp./
PAID ($j
bid date)
Santa Gertrudis Ped. Bridge
The City Council approved the Purchase and Sale Agreement with Rancho California
PW07-05
Amer Attar
Water District (RCWD) at the 10/14/08 meeting. Escrow has closed and the City received
the Final Settlement Statement.
PW06-12
Santiago Detention Basin
Amer Attar
Appraisal is ready to be finalized but has been put on hold.
Murrieta Creek Bridge and Overland Drive Extension
To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is
PW00-26
Amer attar
in the process of preparing legals/plats. A proposal from an appraiser will be sought once
the plats are completed. The appraisal process will start after that.
Policy re: Site Assessments
Amer Attar
Editing Site Assessment policy
Miscellaneous Right of Way Related Items
Amer Attar
On-going
review of Caltrans procedures; working on draft of Relocation handout required by law
Western Bypass Bridge Over Murrieta Creek
Will Becerra/
City needs to accept the Offer of Dedication that was not accepted by County on Parcel
PW06-04
I
Beryl
Map PM 8248, which was recorded on 2/15/1977. Up to Twelve legals and plats will be
Yasinoskyl
prepared by the consultant. Once legals/plats are received, the City will obtain appraisals.
Amer Attar
SPECIAL AND MISCELLANEOUS PROJECTS
Roripaugh Ranch CFD
Staff reviewed the submitted Reimbursement Request for the two bridges. Comments
Annie Bostre-
were provided to Ashby USA representatives. Meetings were held with the developer
CFD 03-02
Le/ Amer Attar
N/A
seeking these reimbursements to finalize the numbers. The City Attorney was provided
the information.
CFD 01-02
Harveston CFD
Amer Attar
NIA
No activities during the last period
CFD 03-06
Harveston CFD
Amer Attar
NIA
NIA
No activities during the last period.
CFD 03-01
Crown Hill CFD
Amer Attar
NIA
NIA
During the last period, the developer submitted reimbursement request for the retention.
Wolf Creek CFD
Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific,
along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project
Manager). The meeting was to review the walls along the Wolf Creek Development.
Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will
need a letter from the City for some of the open area that provide access from the trail to
the development. Standard Pacific is to survey adjacent property owners to see if they are
OK with the openings or if they want these openings closed. The City's letter would notify
CFD 03-03
Amer Attar
NIA
NIA
Caltrans with the results and what action the City would take based on these results.
A letter from the City to Standard Pacific detailing the wall requirements was sent on
01/06/09.
Standard Pacific is in the process of obtaining the required waivers. They have obtained
20 waivers as of 07/17/09. In addition, they started raising the walls the week of 07/06/09.
Work on raising the walls continues.
CFD 02-08
Serena Hills CFD
Amer Attar
NIA
N/A
No activities during the last period.
CITY OF TEMECULA PAGE 10 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. camp.!
PAID ($j
bid date)
Quarterly Review- Tracking, preparing, and
Various Projects.
Various
I
processing Federal, State and TUMF Funds
Julie Dauer
On-going
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Reimbursements
Contract Administration
On-going review of CIP project contracts, amendments, extra work authorizations &
Various
I
Julie Dauer
On-going
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change orders and maintaining budget accounts. Providing assistance to staff in
processing invoices for all CIP division projects.
Murrieta Creek Multi Purpose Trail
Project is currently in construction phase. Continue to process reimbursement requests for
PW01-27
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Julie Dauer
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Caltrans submittal and approval.
Surface Transportation Program (STP) - De Portola
Contract has been awarded. Federal funding reimbursement requests will be submitted to
PW06-10
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Road Pavement Rehabilitation
Julie Dauer
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Caltrans as project progresses. $458,990 STP funds
Highway Bridge Replacement & Rehabilitation
New PES form updated and submitted to Caltrans, Environmental Division to obtain
PW03-05
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Program (HBRR) - Main Street Bridge
Julie Dauer
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environmental clearances & approval to proceed with final design processes. Total HBRR
funds $3,920,000.
SR2S- Safe Routes to School Program - Ped/Bicycle
Received December 2, 2008 the approval of our PIES document. Prior to obtaining the
Bridge over Santa Gertrudis Creek to Chaparral Hig
Categorical Exclusion we shall provide Caltrans various technical studies. SR2S funding
PW05-11
I
Julie Dauer
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has been awarded in the amount of $425,520. In addition to SR2S funding we have been
awarded $132,000 in SB821 funding.
Transportation Uniform Mitigation Fee (TUMF)
Quarter Ended 12/31/08- TUMF reimbursement requests to be prepared for submittal to
WRCOG & RCTC. Meeting with WRCOG to clear up outstanding progress billings and
Various
I
Julie Dauer
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review of processes for future reimbursement requests. Letter to follow from City to
WRCOG in summary of meeting minutes.
TE - Transportation Enhancement
Program funding is scheduled for FY2009-2010. Environmental clearance has been
Winchester Road/State Route 79 North Corridor
approved and project is slated for construction in the next fiscal year. Currently in process
PW06-15
I
Beautification Projec
Julie Dauer
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of preparing our 'Request for Allocation' through the CTC and also our RFA package to
Caltrans for'Authorization to Proceed with Construction'. Total funds awarded per TE
Funding adjustments $1,133,000.
Pechanga Parkway Phase II Street Improvements -
Continue to review construction expenditures for federal reimbursement of PLH funds.
PW99-11
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Public Land & Highways Funded
Julie Dauer
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Prepare and submit reimbursement requests to Caltrans, Sacramento. Total PLH funding
(Phase II)
is $4,000,000.
Various
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Bond Releases
Julie Dauer
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Continued review of CIP project bonds scheduled for release.
2006107 Bicycle Transportation Account
Resolution approved by City Council for the Cooperative Work Agreement (CWA). The
BTA Funds
CWA will extend the terms of the original agreement to allow for the continuation of project
PW08-04
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Santa Gertrudis Creek Bicycle Trail Extension and
Julie Dauer
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implementation and the award of a consultant agreement for this project. 2006/07 BTA
Interconnect
funds approved for the planning & preliminary engineering and total award of $395,000.
CWA is anticipated to be approved in April 2009.
Standardize the format of the Specifications for all
Specifications library is continuously being updated and amended. The boiler-plate section
projects
is also being reviewed and updated. Federal Specifications were updated and
David McBride
On-going
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standardized for De-Portola and Rancho California Road. All specifications were updated
to 2009. Federal specifications were updated to new DBE regulations.
CITY OF TEMECULA PAGE 11 OF 11
CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 8112/2009
% TIME
0yo
PROJECT
PRIORITY
PROJECT NAME, DESCRIPTION,
PROJECT
COMPLETE
CONTRACT
CURRENT STATUS & PROGRESS
NO
CONTRACTOR & CONTRACT $'s
ENGINEER
(Est. comp.!
PAID ($j
bid date)
Circulation Element Implement Plan
This Project is to identify all future projects necessary so that the current Circulation
Element of the General Plan is fully implemented. Data entry into the database is
complete. The tasks of field verification, cost estimates preparation, and aerial mapping
I
Amer Attar
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have all been completed. The information gathering and the reporting stage of this
project is complete. CIP staff will work with GIS to automate the availability and the update
of the information.
Update Plans to Reflect As-Built Conditions for All
City receives blue prints from many contractors marked with As-Built conditions for various
Recent Projects
projects. Some of these As-Built conditions have never been transferred to the project
On-going
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mylars. As-Built plans will be created for all recent projects, if it was not done at the time of
submission.
Consultant Selection
An Access database was created for our Consultant Selection List. Information is
Various
I
On-going
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available on the City's web-site on how to be placed on the list and responses are being
entered into the computer as they are received.
Pavement Rehabilitation - Rancho California Road
Caltrans, Local Assistance approved the construction phase of work. STPL funding of
PW06-14
I
(STPL)
Julie Dauer
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$2,958,000. Project is currently out to bid. Bid Opening is scheduled for January 29, 2009.
Pavement Rehabilitation of Rancho California Road
from Ynez Road to Butterfield Stage Road
Citywide Traffic Light Synchronization System
City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP)
TBD
I
Purchase, install & implement an adaptive traffic
Julie Dauer
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funding. Disbursements for these programs have currently been suspended.
signal synchronization system along six corridors
within the City.
ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Andre O'Harra, Chief of Police
DATE: August 25, 2009
SUBJECT: Police Department Monthly Report
The following report reflects the activity of the Temecula Police Department for the month of July
2009.
PATROL SERVICES
Overall calls for police service
7538
"Priority One" calls for service
38
Average response time for "Priority One" calls
5.19 Minutes
VOLUNTEERS
Volunteer administration hours
373
Special Events
.............................................228
Community Action Patrol (CAP) hours
878
Reserve officer hours (patrol)
21
Training hours
117
Total Volunteer hours
1351
CRIME PREVENTION/GRAFFITI
Crime prevention workshops /Neighborhood watch meetings conducted 3
Residential/business security surveys conducted 6
Businesses visited 10
Businesses visited for past crime follow-up 2
Crime prevention articles 1
Total square footage of graffiti removed 5,347
Number of Graffiti Locations 139
OLD TOWN STOREFRONT
Total customers served ...............................................................................................................401
Sets of fingerprints taken 89
Police reports filed 8
Citations signed off 84
Total receipts $5,862.00
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
Probation Searches
Crime Free Housing Checks
TRAFFIC
Citations issued for hazardous violations
..........................1580
D.U.I. checkpoints conducted
0
D.U.I. Arrest
...........................33
Non-hazardous citations
510
Stop Light Abuse/Intersection Program (S.L.A.P.) citations
............................141
Neighborhood Enforcement Team (N.E.T.) citations
............................155
Parking citations
335
Seatbelts
..........................56
School Zones
0
Cell Phone Cites
88
Injury collisions
..............................15
Presentations
...........................0
INVESTIGATIONS
Beginning Caseload ....................................................................................................................100
Total Cases Assigned 51
Total Cases Closed ....................................................................................44
Number of community seminars/presentations conducted 0
PROMENADE MALL TEAM
Calls for service
Felony arrest/filings
Misdemeanor arrest/filings..
Vehicle burglaries
Vehicle thefts
Total receipts
SCHOOL RESOURCE OFFICERS
Felony arrests
0
Misdemeanor arrests
............................................................1
Citations
............................................................1
Youth counseled
11
Presentations
0
YOUTH ACCOUNTABILITY TEAM
School visits
0
Home visits
......................................................17
Presentations
...............................................0
Truancy Sweep
...............................................0
Car Wash/School Clean-up
................................................1