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101309 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 13, 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. 6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the potential lease and renovation of the Sparkman Alternative Education Center at 32225 Pio Pico, Temecula California, owned by the Temecula Valley Unified School District. The parties to the negotiations for lease and renovation of the Sparkman Alternative Education Center are the Redevelopment Agency of the City of Temecula, City of Temecula, Temecula Valley Unified School District, and California State University San Marcos. Negotiator for the Agency and City is Aaron Adams, Assistant City Manager. Under negotiation are the price and terms of the potential lease and renovation of the real property. 2) 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. 1 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Megan Thudium, Rachel Strohmeier, and Patricia Bradley Invocation: Pastor Leon Franklin of the Living Word Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Presentation on H1 N1 Virus by Dr. Eric Frykman, Director of County Health Agency PUBLIC COMMENTS Next in Order: Ordinance: 09 -07 Resolution: 09 -84 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: 2 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 September 22, 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 4 City Treasurer's Report as of August 31, 2009 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2009. 5 California Emergency Management Agency Authorized Agent Designation RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE 6 Riverside County Mortgage Credit Certificate Program RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 3 7 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project RECOMMENDATION: 7.1 Approve the attached Agreements totaling $1,789,000 for the funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (VVRCOG) and the City of Temecula for the State Route 79 South (SR -79S)/ Western Bypass Bridge Project; 7.2 Authorize the City Manager to execute the Agreements. 8 Request to Increase the Contingency Amount for Pechanqa Parkway Phase II Street Improvements, PVV99 -11 RECOMMENDATION: 8.1 Approve a $350,000 increase in the contingency for the contract with All American Asphalt; 8.2 Authorize the City Manager to approve change orders not to exceed the requested increased contingency amount of $350,000; 8.3 Appropriate $350,000 from the Wolf Creek CFD fund balance to the Pechanga Parkway project. 9 Acceptance of Improvements and Notice of Completion for the Traffic Signal Installations; Butterfield Stage Road at Welton Way/Channel Street Meadows Parkway at McCabe Drive /Sunny Meadows Drive; Project No. PW07 -09 and PW07 -10 RECOMMENDATION: 9.1 Accept the construction of the Traffic Signal Installations; Butterfield Stage Road at Welton Way/Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PW07 -10, as complete; 9.2 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; 9.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 City Hall Parking Lot Improvements RECOMMENDATION: 10.1 Approve a contract with Imperial Paving Company, Inc., for City Hall Parking Lot Improvements in the amount of $65,485 for Fiscal Year 2009 2010; 4 10.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $9,823, which is equal to 15% of the contract amount; 10.3 Approve an appropriation in the amount of $75,308 to the Facilities Operating Budget from Facilities Fund Balance. 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 11 Action Minutes RECOMMNENDATION: 1 1 .1 Approve the action minutes of September 22, 2009. 12 Request the Appropriation of Funds for Storm Drain Installation and Repairs on Liefer Road from Service Level "R" Fund balance RECOMMENDATION: 12.1 Appropriate $10,000 to the TCSD Service Level "R" Street /Road Maintenance budget from Service Level "R" fund balance. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT 5 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 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of September 22, 2009. 14 Service agreement for the Old Town Holiday Outdoor Ice Skating Rink RECOMMENDATION: 14.1 Approve the professional service agreement with Studio 33 in the amount of $60,000 for the Old Town Holiday Outdoor Ice Skating Rink project. RDA BUSINESS 15 Loan Agreement between the Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association, Inc. for a loan of Redevelopment funds for the construction of a new electronic auto mall sign RECOMMENDATION: 15.1 That the agency approve a loan agreement between Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association (Association), Inc., for a loan of Redevelopment funds for the construction of a new electronic auto mall sign, located at 42069 DLR Drive, Temecula, California (APN 921 730 -059) by adopting a resolution entitled: 6 RESOLUTION NO. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A "LOAN AGREEMENT' BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, October 27, 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.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at 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.orq and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department 951 694 -6444. 7 PRESENTATIONS CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Earl Stewart of Grace Presbyterian Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Business /Industry Recognition Program Higher Education PUBLIC COMMENTS Stephen Eldred, Temecula, addressed the City Council during public comments. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 22, 2009 7:00 PM 2.1 Approve the action minutes of September 8, 2009. 1 3 List of Demands Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the Fiscal Year Ended June 30, 2009 Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2009; 4.2 Approve a budget transfer of $13,000 to the Animal Control Budget from the Fire Department Budget. 5 Recovery Act Edward Byrne Memorial Justice Assistance Grant Funding Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Increase estimated Recovery Act JAG Fund Revenue by $119,338; 5.2 Appropriate $119,338 to the Recovery Act JAG Fund. 6 Approve the Sponsorship Requests and Funding Agreements for the 2009 Komen Inland Empire Race for the Cure and the 2009 Temecula Fall Rod Run Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the Event Sponsorship and Funding Agreement in the amount of $22,500 cash, city support costs in the amount of approximately $16,635, and promotional services valued at $10,865 for the Komen Inland Empire Race for the Cure®; 2 6.2 Approve the Event Sponsorship Agreement for actual city support costs in the amount up to $39,100 for the 2009 Temecula Fall Rod Run and authorize the Mayor to execute the following agreement. Consent Calendar Item No. 6 was pulled for separate discussion. Assistant Manager Adams briefly reviewed the staff report as per agenda material. Leslie Doherty, representing Susan G. Komen for the Cure, apprised the Council and the public of the upcoming Race for the Cure Event on Sunday, October 18, 2009. 7 Community Grant Agreement with the Temecula Sister City Association Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2009 -2010. 8 Support for the new Loma Linda University Medical Center (at the request of Mayor Edwards) Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 09 -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT THE NEW LOMA LINDA UNIVERSITY MEDICAL CENTER AND ALERT OUR ELECTED OFFICIALS TO LEGISLATION THAT COULD JEOPARDIZE THE OPENING OF THE NEW HOSPITAL 9 Acceptance of Grant Deed for the remainder of Serena Hills Park Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Authorize acceptance of the Grant Deed for the remainder area of Serena Hills Park and direct staff to proceed with the necessary actions to cause the deed to be recorded; 9.2 Approve the Development Impact Fee reimbursement to the developer in the amount of $265,815. 3 10 Amendment No. 1 to the Professional Services Agreement with Leighton Consulting, Inc. for additional Geotechnical and Material Testing Services associated with the Old Town Infrastructure Project Parking Structure and Office Retail, PW06 -07 (1 D) Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve Amendment No. 1 to the Professional Services Agreement with Leighton Consulting, Inc. for additional services associated with geotechnical and special inspection services for the Old Town Infrastructure Project, Parking Structure, and Office /Retail in the amount of $62,988 and authorize the Mayor to execute the Amendment. 11 Authorize Temporary Street Closures for the 2009 Temecula Fall Rod Run Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 1 1 .1 Adopt a resolution entitled: RESOLUTION NO. 09 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING STREET CLOSURES FOR THE 2009 TEMECULA FALL ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 12 Authorize Temporary Partial Street Closures for "Race for the Cure" Event October 18, 2009, in the Promenade Mall area (Winchester Road, Margarita Road, and Overland Drive) Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 09 -82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING PARTIAL STREET CLOSURES FOR THE SUSAN G. KOMEN "RACE FOR THE CURE" EVENT ON OCTOBER 18, 2009, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 4 13 Approval of Updated Street List for Proposition 1B Funding; and Approval of the Bid Package and Authorization to Solicit Construction Bids for the Citywide Slurry Seal Project for Fiscal Year 2009 -2010, Roripaugh Hills Estates, Campos Verdes, and Nicholas Valley Area, Project No. PW09 -06 Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the additional streets selected for slurry seal in order to fully utilize the funding identified in the City's Proposition 1B Spending Plan for Fiscal Year 2008- 09; 13.2 Approve the bid package and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Project for Fiscal Year 2009 -2010, Roripaugh Hills Estates, Campos Verdes, and Nicholas Valley Area, Project No. PW09 -06. 14 Microsoft Software Licenses Annual Renewal Approved Staff Recommendation (5 -0- 0) Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from CompuCom Systems Inc. for $68,565.77. At 7:27 P.M., the City Council met with the Temecula Community Services District and the Redevelopment Agency. At 2:34 A.M., on September 23, 2009, the City Council resumed with regular Council business. 5 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 2:36 A.M., on September 23, 2009, the City Council meeting was formally adjourned to Tuesday, October 13, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 6 Maryann Edwards, Mayor ITEM NO. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: October 13, 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: ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager 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. 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 $4,016.302.70. 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 13th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 13th day of October, 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 09/10/2009 TOTAL CHECK RUN 425,331.45 09/17/2009 TOTAL CHECK RUN 1,534,798.41 09/24/2009 TOTAL CHECK RUN 1,598,946.76 09/17/2009 TOTAL PAYROLL RUN: 457,226.08 TOTAL LIST OF DEMANDS FOR 10/13/2009 COUNCIL MEETING: 4,016,302.70 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 1,377,479.97 165 AFFORDABLE HOUSING 41,964.84 190 TEMECULA COMMUNITY SERVICES DISTRICT 431,731.64 192 TCSD SERVICE LEVEL B 76,108.41 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 111,784.78 194 TCSD SERVICE LEVEL D 1,141.73 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 18,972.29 197 TEMECULA LIBRARY FUND 11,850.49 210 CAPITAL IMPROVEMENT PROJECTS FUND 961,799.66 280 REDEVELOPMENT AGENCY CIP PROJECT 21,175.02 300 INSURANCE FUND 11,201.29 320 INFORMATION SYSTEMS 45,454.14 330 SUPPORT SERVICES 11,394.28 340 FACILITIES 22,944.70 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,525.99 380 RDA DEBT SERVICE FUND 7,525.00 390 TCSD DEBT SERVICE 385,344.72 477 CFD- RORIPAUGH 17,677.67 001 GENERAL FUND 261,452.02 165 AFFORDABLE HOUSING 10,715.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 110,556.66 192 TCSD SERVICE LEVEL B 149.93 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 4,921.22 194 TCSD SERVICE LEVEL D 1,415.95 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,379.86 197 TEMECULA LIBRARY FUND 380.16 280 REDEVELOPMENT AGENCY CIP PROJECT 3,900.19 300 INSURANCE FUND 1,281.75 320 INFORMATION SYSTEMS 24,024.30 330 SUPPORT SERVICES 5,467.17 340 FACILITIES 9,009.76 375 SUMMER YOUTH EMPLOYMENT PROGRAM 22,571.87 3,559,076.62 457,226.08 TOTAL BY FUND: 4,016,302.70 apChkLst Final Check List Page: 1 09/10/2009 12:29:50PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 133863 09/10/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 133864 09/10/2009 008552 ADKINS DESIGN CONSULTING graphic design svcs:theater 81.56 81.56 133865 09/10/2009 001323 ARROWHEAD WATER INC bottled water svcs:city hall 309.54 bottled water svcs:west wing 253.43 bottled water svcs:foc 169.10 bottled water svcs:crc 151.09 bottled water svcs:library 59.02 bottled water svcs:tes pool 56.81 bottled water svcs:theater 35.82 bottled water svcs:tcc 32.56 bottled water svcs:history museum 31.80 bottled water svcs:c. museum 27.84 bottled water svcs:skate park 8.69 bottled water svc:chaparral high 4.34 1,140.04 133866 09/10/2009 012938 B T WORKS INC Concrete Repairs:Prog Pmt 1 56,794.36 56,794.36 133867 09/10/2009 002541 BECKER CONSTRUCTION SRVS Repair:De Portola /Closure Grdrail 2,420.00 2,420.00 INC 133868 09/10/2009 000128 BROWN BROWN OF CALIF INC policy #70210664 9/30/09- 9/30/10 350.00 350.00 133869 09/10/2009 013129 BUCKINGHAM, COURTNEY Refund:kids kitchen 1675.202 36.00 36.00 133870 09/10/2009 001590 CALIF REDEVELOPMENT ASSN 09/10 mb dues:City of Temecula 10,220.00 10,220.00 133871 09/10/2009 013125 CHAVEZ, MARTHA G. Refund:Prkg Cite:Viol Dismissed 10.00 10.00 133872 09/10/2009 012848 CHRISTOPHER R MORALES INC Traffic Signal Installation 103,341.44 103,341.44 133873 09/10/2009 010650 CRAFTSMEN PLUMBING HVAC countertop replacement: FS #84 4,235.00 4,235.00 INC 133874 09/10/2009 012940 CRAWFORD, LILLIAN 133875 09/10/2009 002701 DIVERSIFIED RISK/HUB INT'L special events premiums settlmnt:gospel...merc 8/29 126.00 settlmnt:gospel...merc 8/22 52.50 951.90 951.90 Pagel 178.50 apChkLst Final Check List Page: 2 09/10/2009 12:29:50PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 133876 09/10/2009 012792 DKS ASSOCIATES Aug:Consulting:Nicolas Vly Preser. 6,132.00 6,132.00 133877 09/10/2009 013130 DOWLING, RICHARD J Refund:sec dep:TCC 150.00 150.00 133878 09/10/2009 004192 DOWNS COMMERCIAL FUELING fuel for city vehicles:tcsd 1,788.94 INC fuel for city vehicles:PW 1,457.65 fuel for city vehicles:ping /CE 662.49 fuel:city vehicles:Maint /CI P /LD 440.89 fuel for city vehicles:PW 363.90 fuel for city vehicles:B &S 264.57 fuel for city vehicles:PW 107.25 fuel for city vehicles:Police 74.82 5,160.51 133879 09/10/2009 003347 FIRST BANKCARD CENTER 003716 SO CAL CINEMAS HP summer day camp excursion 7/30 940.50 007151 PENFOLD'S CAFE GY refreshmnts:mex. chiq. fire 688.55 006944 OMNI HOTELS RR htl:trans summit 8/10 -13 507.87 003716 SO CAL CINEMAS HP summer day camp excursion 7/30 495.00 007034 HERTZ RENT -A -CAR RR car rental:trans summit 8/10 -13 322.27 007028 AMERICAN AIRLINES RR airfare:trans summit 8/10 -13 irving, 314.20 007028 AMERICAN AIRLINES RR airfare:NLCC conf 11/10 250.40 013128 BUYCOSTUMES.COM Hp Ee Luncheon 9/1 119.96 007053 LINDBERGH PARKING SAN RR parking:trans summit 8/10 -13 99.00 DIEGO 007749 FISH HOUSE INC. GYTCC speaker nite dinner 8/4 74.62 013136 D B INDUSTRIAL SAFETY HP safety supplies:tcsd 72.74 SUPPLY 006952 PAYPAL GR pay flo transaction 59.95 013135 ACT ONE COSTUMES HP supplies:ee luncheon 9/1 53.77 007028 AMERICAN AIRLINES RR baggage:trans summit 8/10 -13 15.00 007028 AMERICAN AIRLINES RR baggage:trans summit 8/10 -13 15.00 4,028.83 133880 09/10/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:live...merc8 /28 136.50 136.50 133881 09/10/2009 009608 GOLDEN VALLEY MUSIC sttlmnt:classics /piano /violin 8/2,16,30 1,033.20 1,033.20 SOCIETY Page2 apChkLst Final Check List Page: 3 09/10/2009 12:29:50PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 133882 09/10/2009 001013 HINDERLITER DE LLAMAS 08 -09 audit svcs:property tax 2,038.25 2,038.25 ASSOC 133883 09/10/2009 007792 HINTON, BEVERLY L. TCSD instructor earnings 282.80 TCSD instructor earnings 35.00 317.80 133884 09/10/2009 001186 IRWIN, JOHN TCSD instructor earnings 627.20 TCSD instructor earnings 607.60 1,234.80 133885 09/10/2009 010428 IT'S A DOGS WORLD K-9 tcsd instructor earnings 623.70 623.70 ACADEMY 133886 09/10/2009 009467 LANKENAU, STEVE EE computer purchase program 1,479.69 1,479.69 133887 09/10/2009 008610 M C R STAMPS Dj services for High Hopes event 8/7 25.00 25.00 133888 09/10/2009 007669 MILES, KATRINA TCSD Instructor Earnings 336.00 336.00 133889 09/10/2009 012962 MILLER, MISTY TCSD Instructor Earnings 735.00 735.00 133890 09/10/2009 013131 MILLER, REYN Refund:preschool gym 1725.203 36.00 36.00 133891 09/10/2009 004508 NAGGAR, MICHAEL S. Reimb:Council /Pln Commission mtg 9/2 85.95 85.95 133892 09/10/2009 002099 PASCOE MANAGEMENT LLP Jul Old Town restroom lease 826.00 Aug Old Town restroom lease 826.00 1,652.00 133893 09/10/2009 000249 PETTY CASH Petty Cash Reimbursement 378.13 378.13 133894 09/10/2009 007484 PHILIPS MEDICAL SYSTEMS INC Aed Supplies: Medics 2,536.97 2,536.97 133895 09/10/2009 013123 PINE KNOT MARINA Senior Excursion 9/16/09 396.00 396.00 133896 09/10/2009 000262 RANCHO CALIF WATER DISTRICT Aug:01 -08- 00035 -0 tem pkwy 56.07 56.07 133897 09/10/2009 013002 RED HAT PROPERTIES Refund:deposit:41705 Overland 13,000.00 13,000.00 TEMECULA LP 133898 09/10/2009 003591 RENES COMMERCIAL Trash &weed abatement:Citywide 6,876.00 6,876.00 MANAGEMENT Page3 apChkLst Final Check List Page: 4 09/10/2009 12:29:50PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 133899 09/10/2009 013124 RIEGER, DENNIS refund:cite 71135 dismissed 325.00 refund:cite 71130 dismissed 325.00 refund:cite 71140 dismissed 325.00 975.00 133900 09/10/2009 005329 SAFE ALTERNATIVE FOR FY 08/09 Community Service Funding 15,000.00 15,000.00 EVERYONE 133901 09/10/2009 009980 SANBORN, GVVYN Country the Merc 8/20/09 621.00 Country the Merc 08/29/09 369.00 990.00 133902 09/10/2009 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 672.00 672.00 133903 09/10/2009 000374 SO CALIF EDISON meter /service:Redhawk Park Impry 15,213.92 15,213.92 133904 09/10/2009 000537 50 CALIF EDISON Aug:2 -01- 202 -7330 various mtrs 75,986.99 Aug:2 -01- 202 -7603 arterial st lights 27,280.94 Aug:2 -02- 351 -5281 CRC 10,143.96 Aug:2- 05-791 -8807 various mtrs 8,966.04 Aug:2 -27 -805 -3194 Theater 8,185.07 Aug:2 -02 -502 -8077 Maint Fac 2,501.81 Aug:2- 10-331 -2153 TCC 2,343.28 Aug:2- 20-798 -3248 C. Museum 2,318.70 Aug:2- 31- 536- 3226:tcc 839.25 Aug:2- 20-817 -9929 Police O.T. Stn 363.23 Aug:2- 29- 657 -2563 Var TCSD Meters 153.30 Aug 2- 29-479 -2981 various mtrs 88.37 Aug: 2 -29- 974 -7899 Ynez Rd LS -3 84.62 Aug:2 -31- 031 -2590 Ran Ca Rd LS3 40.18 Aug:2- 30-066 -2889 Rancho Vista PED 18.56 139,314.30 133905 09/10/2009 012652 SOUTHERN CALIFORNIA Sept:gen phone usage 70.08 Sept:gen phone usage 36.51 106.59 133906 09/10/2009 005786 SPRINT 7/26 8/25 cellular usage /equip 6,537.14 6,537.14 133907 09/10/2009 012789 STUART, JENNIFER SARAH reimb:theater prgm supplies 228.18 228.18 133908 09/10/2009 010924 T D COMMUNICATIONS, INC. Cabling:tcc 10,918.20 10,918.20 133909 09/10/2009 013132 TANIMIHARDJA, WILLY Refund: Level 3 Swim 5030.601 40.00 40.00 133910 09/10/2009 010276 TIME WARNER CABLE Sept: high speed internet city hall 241.66 241.66 Page:4 apChkLst Final Check List Page: 5 09/10/2009 12:29:50PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 133911 09/10/2009 004261 VERIZON (Continued) Description Aug:xxx -6400 general usage Aug:xxx -4200 general usage Aug:xxx -8900 GIS Library Aug:xxx -7530 GIS Library Aug:xxx -1540 Old Town Prk Lot Aug:xxx -5180 79S Irrg Cntr Aug:xxx -1999 general usage Aug:xxx -6620 general usage AUG:XXX -0049 GENERAL USAGE 133912 09/10/2009 010283 W B PRODUCTIONS deposit /timing srvcs: F.I.T. 5K/10K 9/13 Amount Paid Check Total 1,557.03 849.15 847.48 431.41 93.17 43.61 40.81 39.45 36.41 3,938.52 2,000.00 2,000.00 133913 09/10/2009 002109 WHITE CAP INDUSTRIES INC Aug supplies /materials testing: theater 108.74 108.74 Grand total for UNION BANK OF CALIFORNIA: 425,331.45 PageS apChkLst Final Check List Page: 6 09/10/2009 12:29:50PM CITY OF TEMECULA 51 checks in this report. Grand Total All Checks: 425,331.45 Page:6 apChkLst 09/17/2009 Final Check List 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 1332 09/17/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 1333 09/17/2009 000389 NATIONWIDE RETIREMENT SOLUTION 1334 09/17/2009 001065 NATIONWIDE RETIREMENT SOLUTION 1335 09/17/2009 000283 INSTATAX (IRS) 1336 09/17/2009 000444 INSTATAX (EDD) 1337 09/17/2009 000246 PERS (EMPLOYEES' RETIREMENT) 1338 09/17/2009 005460 U S BANK 133914 09/17/2009 009604 12MILESOUT.COM 133915 09/17/2009 012587 1ST RECON BN 133916 09/17/2009 008552 ADKINS DESIGN CONSULTING 133917 09/17/2009 004802 ADLERHORST INTERNATIONAL INC 133918 09/17/2009 011322 AIR CLEANING SYSTEMS INC 133919 09/17/2009 003951 ALL AMERICAN ASPHALT 133920 09/17/2009 009767 ALTA LOMA CHARTER INC Description OBRA- Project Retirement Payment Nationwide Retirement Payment Federal Income Taxes Payment State Disability Ins Payment PERS ER Paid Member Contr Payment 2001 COP Debt Srvc Pmt Video Streaming:Info Sys FY 09/10 Council Comm.Srvc Funding Aug Graphic Design Svcs:Theater Aug training:police K -9 unit plymovent sys repair:FS #84 Jul Prgs Pmt.:Pechanga Pkwy II credit:billing adj. /pech.pkwy II Transport:Day Camp Excurs. 8/13 Amount Paid 578.84 4,449.90 12,227.18 78,568.99 22,296.74 113,620.76 385,344.72 1,000.00 300.00 2,691.56 141.67 674.49 154,035.45 5,166.00 2,636.52 Page: 1 Check Total Pagel 578.84 4,449.90 12,227.18 78,568.99 22,296.74 113,620.76 385,344.72 1,000.00 300.00 2,691.56 141.67 674.49 148,869.45 2,636.52 133921 09/17/2009 013015 ALWAYS RELIABLE BACKFLOW backflow testing: wolf creek slopes 66.00 66.00 apChkLst Final Check List Page: 2 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 133932 09/17/2009 013141 CALLAS, DANIELLE (Continued) Description 133922 09/17/2009 004240 AMERICAN FORENSIC NURSES Jul Stand By Fee: Police Aug Stand By Fee: Police Sep Stand By Fee: Police Oct Stand By Fee: Police Jul phlebotomy svcs: Police /chp Jul phlebotomy svcs: Palice/TE Tem Aug phlebotomy svcs: Police /chp Aug phlebotomy svcs: Police Jul '09 stand by fee: Police Aug '09 stand by fee: Police 133923 09/17/2009 013102 AQUATIC ECO SYSTEMS INC lake maint parts:hary lake park Amount Paid Check Total 1,400.00 1,400.00 1,200.00 1,200.00 750.50 425.00 316.00 197.50 200.00 200.00 6,489.00 417.26 417.26 133924 09/17/2009 003203 ARTISTIC EMBROIDERY recog shirts:volunteer prgm:tcsd 2,264.72 T- Shirts:F.I.T. Prgm 5/10K 352.31 uniforms: recreation staff:tcsd 873.09 3,490.12 133925 09/17/2009 011954 BAKER TAYLOR INC books materials:library 26.30 26.30 133926 09/17/2009 012423 BATTERY OUTLET INC battery supplies: PWTraffic Div 481.60 481.60 133927 09/17/2009 013085 BIG SANDY HIS FLY RITE BOYS performance:theater 9/18 1,500.00 1,500.00 133928 09/17/2009 012583 BLANCAY PRICE Ldscp Plan Ck /Inspec:PIng 3,650.00 3,650.00 133929 09/17/2009 009082 C B C TECHNICAL INC misc supplies: Theater 281.71 281.71 133930 09/17/2009 009082 C B C TECHNICAL INC rental of lights: teen dances 9/18 198.88 198.88 133931 09/17/2009 003138 CAL MAT asphalt:citywide street repairs 260.13 asphalt:citywide street repairs 166.82 asphalt:citywide street repairs 624.88 asphalt:citywide street repairs 411.71 asphalt:citywide street repairs 401.59 asphalt:citywide street repairs 316.35 asphalt:citywide street repairs 393.50 asphalt:citywide street repairs 798.73 asphalt:citywide street repairs 698.94 asphalt:citywide street repairs 213.15 asphalt:citywide street repairs 806.14 5,091.94 refund:cite 72571 dismissed 25.00 25.00 Page2 apChkLst Final Check List Page: 3 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid 133933 09/17/2009 004228 CAMERON WELDING SUPPLY welding supplies:pw maint div 42.96 133934 09/17/2009 004609 CINTAS DOCUMENT Jul doc shred svcs:pd /rcrds mgmt 162.77 MANAGEMENT Aug doc shred svcs:pd storefront 34.13 Aug doc shred sys:pd /rcrds mgmt 128.64 Aug doc shred sys:crcllibrary 57.76 Check Total Page3 42.96 383.30 133935 09/17/2009 013142 COLLETTE, MIKE refund:cite 72002 over payment 5.00 5.00 133936 09/17/2009 008594 COMMUNITY BANK Rel /Escrow #1202:pech pkwy ph2 17,115.05 17,115.05 133937 09/17/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 106.00 106.00 133938 09/17/2009 000442 COMPUTER ALERT SYSTEMS alarm monitoring svcs:city facilities 4,425.00 4,425.00 133939 09/17/2009 012353 CONSTRUCTION TESTING July geotech svcs:civic ctr 37,020.00 37,020.00 133940 09/17/2009 013143 COOK, CRAIG refund:cite 72222 over payment 50.00 50.00 133941 09/17/2009 012293 CORNER SQUARE GROUP Site Rental: Teen Dance 9/19 700.00 700.00 133942 09/17/2009 001264 COSTCO WHOLESALE misc supplies:emp recognition 223.76 program supplies:volunteer recog 322.95 546.71 133943 09/17/2009 002631 COUNTS UNLIMITED INC traffic counts svcs: PW traffic div 15,820.00 15,820.00 133944 09/17/2009 013016 CR STUDIO 4 TCSD instructor earnings 455.00 TCSD instructor earnings 318.50 773.50 133945 09/17/2009 010650 CRAFTSMEN PLUMBING HVAC plumbing svcs:hary lake park amp 1,400.00 1,400.00 INC 133946 09/17/2009 012940 CRAWFORD, LILLIAN Sttlmnt:Gospel...Merc 9/5 115.50 Sttlmnt:Gospel...Merc 9/12 94.50 210.00 133947 09/17/2009 001393 DATA TICKET INC refund:prkg cite misapplied 6/1/09 235.00 235.00 133948 09/17/2009 012600 DAVID EVANS ASSOCIATES 6/28 8/1/09 dsgn svcs:liefer rd 1,020.89 1,020.89 INC 133949 09/17/2009 003962 DAVID NEAULT ASSOCIATES INC Ldscp Inspection:Pechanga II 6,650.00 6,650.00 apChkLst Final Check List Page: 4 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 133950 09/17/2009 002390 EASTERN MUNICIPAL WATER Aug:95366 -02 Diego Dr Ldscp 243.82 243.82 DIST 133951 09/17/2009 003665 EXCEL COMMERCIAL Aug: long distance phone svcs 55.48 55.48 133952 09/17/2009 001056 EXCEL LANDSCAPE Jul Idscp maint:redhawk medians m13 e 123.83 Jul Idscp maint:redhawk medians m13 d 123.83 Aug Ldscp Maint:Sports Park 16,487.00 Aug Ldscp Maint:Scuth Slopes 39,158.00 Aug Ldscp Maint Svcs:Sports Park 43,040.00 Aug Ldscp Maint:Saddlewood /Pav 23,071.00 Aug Ldscp Maint Svcs 9,685.00 CR Aug Ldscp Maint:Saddlewood /Pav 1,211.00 Mainline Repair:Rancho Cal Medians 140.58 130,618.24 133953 09/17/2009 004310 FEDEX GROUND INC Express Mail Service 690.71 690.71 133954 09/17/2009 001511 FIELDMAN ROLAPP Aug financial srvcs:roripaugh ranch cfd 154.50 154.50 ASSOCIATES 133955 09/17/2009 009097 FULL COMPASS SYSTEMS misc supplies:Theater 242.58 242.58 133956 09/17/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:live...merc9 /11 70.00 70.00 133957 09/17/2009 007866 G C S SUPPLIES INC misc computer supplies:info sys 1,027.73 1,027.73 133958 09/17/2009 010326 G E MOBILE WATER, INC July Rev. Osmosis Washer:Fs #73 55.00 July Rev. Osmosis Washer:Fs #73 26.10 July Rev. Osmosis Washer:Fs #73 126.15 July Rev. Osmosis Washer:Fs #73 58.00 July Rev. Osmosis Washer:Fs #73 58.00 Aug Rev. Osmosis Washer:Fs #73 55.00 Aug Rev. Osmosis Washer:Fs #73 26.10 404.35 133959 09/17/2009 013158 GAMBOA, WILLIAM refund:dupl pymt bL 029639 35.00 35.00 133960 09/17/2009 008805 GEOTECHNICAL SERVICES INC Supplies Equip: PW NPDES 440.00 440.00 Page:4 apChkLst Final Check List Page: 5 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 133961 09/17/2009 000177 GLENNIES OFFICE PRODUCTS Misc Ofc Supplies:Hist. Museum INC 133962 09/17/2009 013154 GOODSIR, SANDRA 133963 09/17/2009 013144 GREENWALT, BRITANY 133964 09/17/2009 005311 H2O CERTIFIED POOL WATER SPCL. 133965 09/17/2009 000186 HANKS HARDWARE INC Amount Paid 112.89 Check Total Misc Ofc Supplies:Theater 91.69 Misc Ofc Supplies:CRC 60.72 Misc Ofc Supplies:Records Mgmt 104.28 Misc Ofc Supplies:Fire Stns /Medic 491.51 Misc Ofc Supplies:Finance 139.98 Misc Ofc Supplies: HR 152.00 Misc Ofc Supplies:Ping 230.31 Misc Ofc Supplies:B &S 91.26 Misc Ofc Supplies:PW CIP 30.69 Misc Ofc Supplies:CSD City Hall 559.06 2,064.39 refund:satisfaction dvd 9.98 9.98 refund:sec deposit: CRC 400.00 400.00 Aug Pool Maint:CRCJTES 900.00 900.00 Misc Hdware Supplies:History Mus. 17.38 Hdware Supplies:Info Sys 155.02 Hdware Supplies:Aquatics 124.92 297.32 133966 09/17/2009 001135 HEALTHPOINTE MEDICAL Emp Industrial Care Svcs:HR 120.00 120.00 GROUP INC 133967 09/17/2009 013017 HOFFMAN, TRALAIN Entertain:Hot Summer Nites 9/4 600.00 600.00 133968 09/17/2009 013152 HOLTER, EMILY Refund:Wringer 14.95 14.95 133969 09/17/2009 001517 HORIZON HEALTH Emp Asst Program: HR 756.80 756.80 133970 09/17/2009 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,663.57 6,663.57 303355 133971 09/17/2009 011228 INLAND PLANNING AND DESIGN Jun -Jul Consult Svcs:Ot Spec Plan 4,000.00 INC Aug Consult Svcs:Ot Spec Plan 5,000.00 9,000.00 133972 09/17/2009 006914 INNOVATIVE DOCUMENT July Copier Maint/Usage:Citywide 3,987.64 SOLUTIONS July Copier MaintlUsage:Library 523.74 4,511.38 133973 09/17/2009 001407 INTER VALLEY POOL SUPPLY Chemical Supplies:Aquatics 849.17 849.17 INC Pagea apChkLst 09/17/2009 Final Check List 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 133974 09/17/2009 012295 JAMESON MANAGEMENT INC 133975 09/17/2009 011841 JOE RHODES MAINTENANCE 133976 09/17/2009 013145 JOHNSON, DEBORAH 133977 09/17/2009 011539 JORE, DIANNE 133978 09/17/2009 008715 KRAMER FIRM INC 133979 09/17/2009 012065 LANCE, SOLL LUNGHARD LLC FY 08 -09 Yr End Audit:City FY 08-09 Yr End Audit:City 133980 09/17/2009 012370 LEADER PROMOTIONS INC Misc Supplies: 5K/10K F.I.T. 133981 09/17/2009 012164 LECLERC, JOHN MICHAEL 133982 09/17/2009 000482 LEIGHTON CONSULTING INC 133983 09/17/2009 003726 LIFE ASSIST INC 133984 09/17/2009 013157 LOMA LINDA UNIVERSITY 133985 09/17/2009 004087 LOWES INC 133986 09/17/2009 002784 MAILBOX, THE 133987 09/17/2009 003782 MAIN STREET SIGNS 133988 09/17/2009 011179 MC MILLIN REDHAWK LLC (Continued) Description Door Maint:Fs#92 Fuel Pump Maint: Fire Stns Fuel Pump Maint: FS #84 refund:cite 72361 over payment Refund:Excursion 7200.201 Review Royal St Metro Proj:Ping 2009 Film Festival 9/9,12/09 Jul Prof Svcs:Ot Prkg /Civic Ctr Credit:Jul Prof Svcs:Ot Prkg /Civic Ctr Jul Prof Svcs:Tcc Expansion Emerg Med Supplies:Medics Emerg Med Supplies:Medics Emerg Med Supplies:Medics Emerg Med Supplies:Medics Hazus -Mh Trng:Beal, K. 11/16 -18 Backstage Supplies:Theater Misc Supplies:Theater Tckt Ofc Misc Ofc Supplies:Theater annual subscr:Tiny Tots Prgm Misc street signs: PW Maint TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid 201.00 319.55 289.50 55.00 60.00 2,000.00 16,113.00 1,899.00 282.48 500.00 59,836.64 6,629.28 462.50 901.78 211.41 747.47 2,446.07 495.00 20.58 44.33 29.01 29.95 416.51 560.00 385.00 308.00 700.00 627.90 595.00 Page: 6 Check Total 201.00 609.05 55.00 60.00 2,000.00 18,012.00 282.48 500.00 53,669.86 Page 4,306.73 495.00 93.92 29.95 416.51 3,175.90 apChkLst Final Check List Page: 7 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 133989 09/17/2009 006571 MELODY'S AD WORKS INC. reimb exp:old town marketing pgrm 481.76 481.76 133990 09/17/2009 007210 MIDORI GARDENS Aug Idscp maint srvcs:var parks 70,105.00 70,105.00 133991 09/17/2009 013150 MIRANDA, JENNIFER refund:dora climbs star mountain 13.96 13.96 133992 09/17/2009 013159 MYERS, AIMEE refund:sec dep:MPSC 150.00 150.00 133993 09/17/2009 006077 N T H GENERATION COMPUTING Software license cluster:info sys 1,035.40 1,035.40 INC 133994 09/17/2009 004508 NAGGAR, MICHAEL S. reimb:July internet services 52.99 52.99 133995 09/17/2009 008820 NEIGHBORS NEWSPAPER Sep advertising:Quilt Show 250.00 250.00 133996 09/17/2009 013156 NEW WINE MINISTRY Refund:Rm Rental:Library 36.00 36.00 133997 09/17/2009 002139 NORTH COUNTY TIMES Aug public ntc ads:City Clerk /Pln 568.69 Aug display ads:TCSD events 407.48 976.17 133998 09/17/2009 002139 NORTH COUNTY TIMES Aug newspaper subscr:mpsc 27.30 27.30 133999 09/17/2009 003964 OFFICE DEPOT BUSINESS SVS Misc Ofc Supplies:C. Museum 4.92 DIV 134000 09/17/2009 002105 OLD TOWN TIRE SERVICE Misc Ofc Supplies:Police Mall Stn City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:Bldg Safety City Vehicle Maint Svcs:Bldg Safety City Vehicle Maint Svcs:Bldg Safety City Vehicle Maint Svcs:Code Enf. City Vehicle Maint Svcs:Code Enf. Misc supplies:recreation pgrm Misc supplies:emp recognition Misc supplies:tiny tot pgrm 80.07 80.07 286.31 241.38 21.64 503.38 160.98 247.79 134001 09/17/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:recreation pgrm 1,810.48 INC 9.99 100.38 100.39 134002 09/17/2009 002099 PASCOE MANAGEMENT LLP Sep Old Town restroom lease 826.00 826.00 134003 09/17/2009 002652 PAT OSCARS RESTAURANT refreshments:every 15 min prgm 5/19 223.80 refreshments:every 15 min prgm 5/20 Amount Paid Check Total 149.92 154.84 1,698.05 1,921.85 Page:7 1,621.62 2,021.24 apChkLst Final Check List Page: 8 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134004 09/17/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 169.04 169.04 PROGRAM 134005 09/17/2009 000249 PETTY CASH Petty Cash Reimbursement 260.85 260.85 134006 09/17/2009 001999 PITNEY BOWES 6/16- 9/15/09 postage machine: Sta 84 93.80 10/1 1231/09 postage mtr rental:C.S. 271.60 9/16-12/15/09 postage machine: Sta 84 102.48 467.88 134007 09/17/2009 013139 POHLE, STEFANIE D. refund: cite 69817 over payment 55.00 55.00 134008 09/17/2009 000253 POSTMASTER Express Mail Postal Svcs 18.34 18.34 134009 09/17/2009 004529 QUAID TEMECULA HARLEY- Aug veh repair maint:pd motorcycles 2,381.80 2,381.80 DAVIDSON 134010 09/17/2009 013148 QUINN, KAYLYN refund:light up:tale of the body theif 52.99 52.99 134011 09/17/2009 002176 RANCHO CALIF BUS PK ASSOC Oct -Dec bus. prk assn dues:Diaz Rd Oct -Dec bus. prk assn dues:City Hall Oct -Dec bus. prk assn dues:FOC Bldg 134012 09/17/2009 000262 RANCHO CALIF WATER DISTRICT Aug:Various Water Meters 1,751.72 1,273.98 1,051.03 844.77 Aug:01 -99- 02003 -0 Floating mtr 366.60 aug: 01- 04- 47210 -0 T.E.S. Pool 1,317.42 sept:01 -07- 70073 -2 riesling ct 171.11 aug:01- 17- 80000 -1 via eduardo 92.78 Aug:01- 00- 20007 -1 wolf creek dr n 996.70 aug:01-31-61237-2 calle elenita 69.63 sept:01 -06- 99000 -14 pujol st 7.19 sept:01- 06- 68615 -0 pujol st 14.38 Aug Var Locations:Fire 714.99 Aug:Various Water Meters 73,538.36 4,076.73 78,133.93 134013 09/17/2009 011853 RANCON COMMERCE CNTR Oct -Dec business assn dues:Stn 73 546.32 546.32 PH2,3 &4 134014 09/17/2009 013149 RENETI, ALANNAH refund:my pefect life 5.99 5.99 134015 09/17/2009 012288 RENT A CENTER #4086 furniture rental:rhythms dance 9/19 216.85 216.85 134016 09/17/2009 002110 RENTAL SERVICE Tool /equip rental: PW Maint 14.72 CORPORATION Tool /equip rental: PW Maint 15.15 29.87 Page:8 apChkLst Final Check List Page: 9 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134017 09/17/2009 002412 RICHARDS WATSON GERSHON July 2009 legal services Amount Paid Check Total 166, 294.86 166, 294.86 134018 09/17/2009 013138 RISCH, VICKI G. TCSD Instructor Earnings 15.40 15.40 134019 09/17/2009 000353 RIVERSIDE CO AUDITOR Jun '09 parking citation assessments 8,792.69 Jul '09 parking citation assessments 8,341.50 17,134.19 134020 09/17/2009 001592 RIVERSIDE CO INFO Jul radio rental maint:police /park 1,568.58 1,568.58 TECHNOLOGY 134021 09/17/2009 013147 RLT GROUP INC /BERNAL, SHANE refund: cite 52036 over payment 5.00 5.00 R. 134022 09/17/2009 000873 ROBERTS, RONALD H. reimb: Sep internet services 44.99 44.99 134023 09/17/2009 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 646.80 TCSD Instructor Earnings 499.80 1,671.60 134024 09/17/2009 000277 S S ARTS CRAFTS INC Misc supplies:tiny tot pgrm 289.80 289.80 134025 09/17/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 134026 09/17/2009 009980 SANBORN, GWYN Country the Merc 9/5/09 444.00 Country the Merc 9/12/09 846.00 1,290.00 134027 09/17/2009 013140 SCHMID, ROGER A. refund: cite 68198 dismissed 325.00 325.00 134028 09/17/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 417.16 417.16 134029 09/17/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 200.00 200.00 134030 09/17/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 100.00 100.00 134031 09/17/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 9/3/09 241.50 Jazz the Merc 9/10/09 357.00 598.50 134032 09/17/2009 013151 SHREENAN, CARLY refund:rev war on wed 3.99 3.99 Page9 apChkLst Final Check List Page: 10 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 134033 09/17/2009 000537 SO CALIF EDISON sept:2- 00- 397 -5059 various mtrs 6,603.74 aug:2 -29- 974 -7568 Ynez Rd TC -1 107.18 sept:2- 31- 419 -2659 ynez rd TC1 77.27 sept:2 -28- 171 -2620 Police Mall Stn 1,574.42 sept:2 -26- 887 -0789 various mtrs 2,278.37 sept:2- 30- 608 -9384 hary dr HP 580.52 11,221.50 134034 09/17/2009 001212 SO CALIF GAS COMPANY aug:015- 575 0195- 2:fr#92 124.58 sept:055- 475 6169 -5 PBSP 140.81 265.39 134035 09/17/2009 012252 SOUND SKILZ ENTERTAINMENT Entertainment:teen dance 9/19/09 750.00 750.00 INC 134036 09/17/2009 006145 STENO SOLUTIONS Aug transcription srvcs:Police 1,730.12 1,730.12 TRANSCRIPTION 134037 09/17/2009 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 201.60 TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 705.60 1,411.20 134038 09/17/2009 011667 T T JANITORIAL INC Aug cleaning srvcs:police storefront 790.00 Aug janitorial srvcs:City facilities 7,073.83 7,863.83 134039 09/17/2009 009331 TEMECULA VALLEY AMERICAN Refund:sec dep:snack bar 200.00 200.00 134040 09/17/2009 000515 TEMECULA VALLEY CHAMBER Youth bus pass/K.Ead:Mayor's SYEP 50.00 50.00 OF 134041 09/17/2009 013146 TEMECULA VALLEY GIRLS Refund:sec deposit:snack bar 200.00 200.00 134042 09/17/2009 008004 TEMECULA VALLEY NATIONAL Refund:sec dep: snack bar 200.00 200.00 134043 09/17/2009 005970 TEMECULA VALLEY PLAYERS Aug /Sep'09 7 Brides /7 Brothers prod. 8,673.88 8,673.88 134044 09/17/2009 000668 TIMMY D PRODUCTIONS INC Sound tech. /equip: F.I.T. Finale 9/13/09 600.00 Sound tech. /equip: Dance 8/14/09 450.00 1,050.00 134045 09/17/2009 005460 U S BANK Aug Trustee Admin Fees:RDA TABS 7,525.00 7,525.00 134046 09/17/2009 005460 U S BANK special assessment band payment 345.16 345.16 134047 09/17/2009 007766 UNDERGROUND SERVICE ALERT Aug undrgrnd svcs alert tickets:PW 129.00 129.00 134048 09/17/2009 010169 UNITED TOWING SERVICE, INC May towing services:Police 580.00 580.00 Pagel 0 apChkLst Final Check List Page: 11 09/17/2009 2:50:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Grand total for UNION BANK OF CALIFORNIA: Amount Paid Check Total 134049 09/17/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 134050 09/17/2009 004261 VERIZON Sept:xxx -7562 irrigation controller 42.48 Sept:xxx -6812 General usage 93.17 Sept:xxx -0682 Civic Center Camera 97.34 Sept:xxx -2372 UNf Crk Irrg Cntrl 40.62 Sept:xxx -1341 Theater 446.41 sept:xxx -1941 PTA CD TTACSD 76.31 796.33 134051 09/17/2009 004848 VERIZON SELECT SERVICES INC Sept: long distance phone svcs 29.55 29.55 134052 09/17/2009 009101 VISION ONE INC Aug showare ticketing srvcs:theater 1,577.60 1,577.60 134053 09/17/2009 010283 W B PRODUCTIONS Timing Services F.I.T. 5K/10K 9/19/09 1,974.75 1,974.75 134054 09/17/2009 011630 WOLFF LANG CHRISTOPHER Apr Dsgn Srvcs:Old Twn Gymnasium 6,381.00 6,381.00 (WLC) 134055 09/17/2009 013153 WRIGHT, JOY refund:bad case of stripes 14.45 14.45 134056 09/17/2009 013155 YATES, MARY Refund:Art Of Knotting 32.95 32.95 1,534,798.41 Page:11 apChkLst Final Check List Page: 12 09/17/2009 2:50:25PM CITY OF TEMECULA 150 checks in this report. Grand Total All Checks: 1,534,798.41 Page:12 apChkLst Final Check List Page: 1 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor INC 134067 09/24/2009 002648 AUTO CLUB OF SOUTHERN CALIF Description membership:nordgren, karl 86808192 47.00 Amount Paid Check Total 134057 09/18/2009 013085 KINGMAN, ASHLEY performance:theater 9/18 1,500.00 1,500.00 134058 09/24/2009 005277 2 H CONSTRUCTION INC Release stop ntc:Rehmann /Merc Bldg 10,156.22 10,156.22 134059 09/24/2009 013162 ADKINS, HOWARD refund:excursion 7200.201 60.00 60.00 134060 09/24/2009 004767 ALERT ALL CORPORATION Jul educ promo items:fire prey 4,002.00 educ promo items:fire prey 745.00 4,747.00 134061 09/24/2009 008593 ALL PRO SIGNS GRAPHICS new bus signs: FIP Fadaie 3,957.04 3,957.04 134062 09/24/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental:hot summer nites 101.12 101.12 134063 09/24/2009 012943 ALPHA MECHANICAL SERVICE HVAC prey maint:maint fac 262.00 HVAC prey maint:FOC 283.00 HVAC prey maint:crc 800.00 HVAC repair:FS #73 368.99 HVAC repair: FS #73 200.00 1,913.99 134064 09/24/2009 002527 AMERICAN FLAG AND BANNER flags:citywide facilities 3,994.38 3,994.38 134065 09/24/2009 002187 ANIMAL FRIENDS OF THE July animal control svcs 13,000.00 13,000.00 VALLEYS 134066 09/24/2009 001323 ARROWHEAD WATER INC bottled wtr svc:city council ofc 12.56 12.56 mbrship:Castillo, Ryan 54068262 47.00 mbrship:Oldham, Jay 56332042 47.00 mbrship:Armstrong, Doug 76766025 47.00 188.00 134068 09/24/2009 002541 BECKER CONSTRUCTION SRVS street maint:citywide saw cutting 6,775.00 6,775.00 INC 134069 09/24/2009 002377 BEST BUY COMPANY INC EE cmptr prgm:McClanahan, A. 1,581.46 1,581.46 134070 09/24/2009 004040 BIG FOOT GRAPHICS TCSD instructor earnings 672.00 screenprint svcs:recycle tote bags 900.00 1,572.00 134071 09/24/2009 005716 BIRTH CHOICE OF TEMECULA Council CS funding prgm 1,000.00 1,000.00 INC Pagel apChkLst Final Check List Page: 2 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134072 09/24/2009 011985 BLACK KNIGHT TERMITE Res Impry Prgm:Morton, Marvin Mary 795.00 795.00 134073 09/24/2009 004176 BROADWING sept:Long distance internet svcs 741.00 741.00 TELECOMMUNICATIONS 134074 09/24/2009 003138 CAL MAT asphalt:citywide street repairs:PW 403.62 asphalt:citywide street repairs:PW 609.26 1,012.88 134075 09/24/2009 013166 CALOGERO, ARLETH refund:disney's toy story 2 6.99 6.99 134076 09/24/2009 004971 CANON FINANCIAL SERVICES, Sep copier lease: City 4,744.84 4,744.84 INC 134077 09/24/2009 013163 CARSON, JESSICA refund:little learn 2000.204,2000.203 188.00 188.00 134078 09/24/2009 000137 CHEVRON AND TEXACO city vehicles fuel:Police 1,672.58 city vehicles fuel:city mgr 240.24 1,912.82 134079 09/24/2009 001326 CHULA VISTA, CITY OF FY09 -10 SDERC trng wkshps:GY 1,600.00 1,600.00 134080 09/24/2009 003997 COAST RECREATION INC playground parts:var parks 129.39 129.39 134081 09/24/2009 009969 COMPUCOM SYSTEMS INC web filter (36 mo):info sys 6,950.00 6,950.00 134082 09/24/2009 006303 CONDUIT NETWORKS, INC IS tech phone upgr:citywide 200.00 1000 -03 analog testing:info sys 180.00 camera sys svc:info sys 397.50 777.50 134083 09/24/2009 001264 COSTCO WHOLESALE K -9 food supplies:police 101.39 101.39 134084 09/24/2009 010650 CRAFTSMEN PLUMBING HVAC fuel pump cover:FS #84 INC 134085 09/24/2009 011870 CRIME SCENE STERI CLEAN, LLC trauma clean -up svcs:police 134086 09/24/2009 002990 DAVID TURCH ASSOCIATES Jul federal lobbyist svcs:cm ofc 134087 09/24/2009 003945 DIAMOND ENVIRONMENTAL portable restrooms:riverton prk 52.88 SRVCS 5,988.00 5,988.00 500.00 500.00 3,500.00 3,500.00 portable toilet svc: Fire rebuild 105.88 portable restrms:long canyon prk 52.88 portable restrooms:veterans park 52.88 portable restrooms:vail rnch prk 52.88 Port Restrms:Redhawk Comm Prk 52.88 370.28 Page2 apChkLst Final Check List Page: 3 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134088 09/24/2009 004192 DOWNS COMMERCIAL FUELING fuel for City vehicles:tcsd 1,602.80 INC 134089 09/24/2009 011202 E M H SPORTS FITNESS TCSD instructor earnings 567.00 TCSD instructor earnings 392.00 959.00 134090 09/24/2009 002390 EASTERN MUNICIPAL WATER sept:190304 -02 Seraphina Rd 738.98 738.98 DIST 134091 09/24/2009 004068 ECALDRE MANALILI -DE VILLA, TCSD Instructor Earnings 364.00 AILEEN 134092 09/24/2009 001056 EXCEL LANDSCAPE 134093 09/24/2009 009953 FEDERAL CLEANING CONTRACTORS fuel for City vehicles:Police fuel for City vehicles:PW:LD /CIP fuel for City vehicles:B &S:CE fuel for City vehicles:B &S inspect fuel for City vehicles:PW fuel for City vehicles:PW maint fuel for City vehicles:PW Traffic TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings mainline repairs: medians, parks mainline repair:wolf crk slope S -28 mainline repairs:rancho highlands mainline repair: crowne hill slope Mainline Repair:Vail Rnch Pkwy landscape maint: theater valve repair: presley slopes mainline repair: vail ranch pkwy landscape imprv: library mainline repair: crowne hill mainline repair: vail ranch mainline repair: vintage hills LNDSCP MAINT: SOLANA WAY mainline repairs: villages slopes Amount Paid Check Total 92.20 578.12 556.01 369.06 252.61 1,235.79 97.55 336.00 182.00 56.00 294.00 126.00 87.98 221.56 926.88 339.48 242.63 376.70 169.89 706.76 505.90 297.80 239.25 387.42 152.72 532.59 Sept janitorial svcs:police mall ofc 625.00 625.00 Page3 4,784.14 1,358.00 5,187.56 apChkLst 09/24/2009 12:10:07PM Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134094 09/24/2009 FIRST BANKCARD CENTER LEAGUE OF CALIF CITIES CATERERS CAFE CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM FIN ESTATION ERY.COM LUCILLE'S BBQ FIN ESTATION ERY.COM SOUTHWEST AIRLINES SOUTHWEST AIRLINES SOUTHWEST AIRLINES SOUTHWEST AIRLINES 134095 09/24/2009 010493 FOREST CITY COMMERCIAL MGMT 134096 09/24/2009 007078 GIRL SCOUTS OF SAN GORGONIO 134097 09/24/2009 013107 GRANT, GLENN 134098 09/24/2009 002174 GROUP 1 PRODUCTIONS 134099 09/24/2009 012954 HANEY, JOHN THOMAS Final Check List CITY OF TEMECULA (Continued) Description ME LCC conference:ME 9/16 GB civic ctr devteam /sub mtg RJ conf call Liberty Quarry 8/11 RJ conf call 8/13 RJ conf call Liberty Quarry 8/13 RJ conf call Liberty Quarry 8/20 RJ conf call Liberty Quarry 8/27 RJ conf call Liberty Quarry 9/3 RJ conf call Waterpark 9/3 SJ comm recog dinner invitations SJ refreshments:council mtg 8/25 SJ credit:comm recog dinner invitations AA AIRFARE TEM. HOSPITAL MTG 9/4 AA AIRFARE TEM. HOSPITAL MTG 9/4 AA AIRFARE TEM. HOSPITAL MTG 9/4 AA AIRFARE TEM. HOSPITAL MTG 9/4 Oct Lease Pmts:Police Mall Storefmt refund:sec deposit:crc broadcasting:OT spec events broadcasting:OT spec events VIDEO PROD:POST OFC 150TH ANNIV Amount Paid 500.00 172.97 84.18 50.04 8.13 115.07 22.95 38.84 32.88 128.00 265.16 -11.50 337.20 337.20 337.20 337.20 1,458.33 150.00 725.00 1,850.00 4,200.00 Page: 4 Check Total plan review svcs: B &S Dept 112.76 plan review svcs: B &S Dept 3,657.72 3,770.48 Page:4 2,755.52 1,458.33 150.00 2,575.00 4,200.00 apChkLst Final Check List Page: 5 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134100 09/24/2009 000186 HANKS HARDWARE INC (Continued) Description Jul hardware supplies:theater Aug hardware supplies:theater Aug misc supplies: PW Maint Aug hardware supplies:city hall hardware supplies:harveston park Misc Hdwr Supplies:C. Museum misc hardware supplies:west wing misc supplies: PW traffic div misc hardware supplies:library Aug misc hdwr supplies:FS #73 Aug misc hdwr supplies:crc Amount Paid Check Total 276.83 566.12 986.33 83.01 1,129.59 97.84 74.35 651.54 111.58 365.01 436.40 4,778.60 134101 09/24/2009 012748 HARDY HARPER INC Progress Pay #3:Deportola Rehab 411,704.83 411,704.83 134102 09/24/2009 013164 HARDY, ANTHONY (TONY), J. TCSD instructor earnings 175.00 175.00 134103 09/24/2009 011991 HEMET FENCE Res Impry Prgm:Gerber, Mr. 4,405.00 4,405.00 134104 09/24/2009 003046 K F R 0 G 95.1 FM RADIO radio broadcasting:hot summer nites 730.00 730.00 134105 09/24/2009 012246 KALANTAR, NICHOLIS MC svcs:youth artsfest.I 9/10 -12 625.00 625.00 134106 09/24/2009 012318 KEHLER, PAUL MC svcs:youth art fest. 9/10 -12 375.00 375.00 134107 09/24/2009 004051 L 0 R GEOTECHNICAL GROUP Aug Geo Svc:Rncho Cal Pave Rehab 8,260.00 8,260.00 INC 134108 09/24/2009 012065 LANCE, SOLL LUNGHARD LLC City Audit Srvcs:Fy 08/09— 4,437.00 4,437.00 134109 09/24/2009 003975 LAWRENCE, JEFF reimb:F.I.T. 5/10K Run 80.00 80.00 134110 09/24/2009 004141 MAINTEX INC Misc custodial supplies:City fac's 3,553.68 3,553.68 134111 09/24/2009 010981 MALMARK INC "Learning to Ring" manuals:High Hopes 33.65 33.65 134112 09/24/2009 000220 MAURICE PRINTERS INC combs /CIP AOB budget docs:finance 289.28 divider tabs /CIP, AOB budget docs:fin 776.48 gang run /CIP budget docs:finance 1,012.46 divider tabs /CIP budget docs:finance 543.75 blank stock /CIP, AOB budget docs:fin 769.95 graphic dsgn /CIP, AOB budget docs:fin 693.28 4,085.20 PageS apChkLst Final Check List Page: 6 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134113 09/24/2009 013168 MCKERNON, MICHEAL refund:appl. withdrawn /B08 -1678 93.44 93.44 134114 09/24/2009 012580 MINUTEMAN PRESS 134115 09/24/2009 001892 MOBILE MODULAR 134116 09/24/2009 013167 MORTIMER, MASON 134117 09/24/2009 002257 MOST DEPENDABLE FOUNTAINS drinking fountain parts: birdsall park 677.50 677.50 134118 09/24/2009 012757 MUND, KELLEY ROSE 134120 09/24/2009 002925 NAPA AUTO PARTS 134121 09/24/2009 002139 NORTH COUNTY TIMES (Continued) Description Window envelopes:finance dept 334.73 business cards: Fire 82.20 business cards: Fire 82.20 business cards: b. obmann 43.17 542.30 8/26- 9/24/09 modular bldg rental:OATC 840.14 credit /sep modular bldg rental:OATC 220.26 619.88 refund:library com room 70.00 refund:library comm room 70.00 140.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 134119 09/24/2009 004508 NAGGAR, MICHAEL S. Reimb: Sep '09 internet services 134126 09/24/2009 010338 POOL ELECTRICAL PRODUCTS pool supplies/chemicals: crc tes pools 138.55 INC pool supplies/chemicals: crc tes pools pool supplies/chemicals: crc tes pools water feature supplies: wolf crk park water feature supplies: wolf crk park Amount Paid Check Total 87.50 17.50 192.50 105.00 157.50 560.00 34.99 34.99 City vehicle maint supplies: Stn 84 26.77 CITY VEHICLE MAINT SUPPLIES: STN 21.59 City vehicle maint supplies: Medics 35.75 84.11 Aug display ad:Theater 154.20 154.20 134122 09/24/2009 002292 OASIS VENDING Sept vending srvcs:west wing 101.10 Sept vending srvcs:city hall 510.90 Sept vending srvcs:foc 270.56 882.56 134123 09/24/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:children's museum 274.89 274.89 INC 134124 09/24/2009 002734 P V P COMMUNICATIONS INC Helmet: police motorcycle officer 446.42 446.42 134125 09/24/2009 013165 PACKARD, MICHAEL refund:notary seminar 3102.201 45.00 45.00 354.21 33.88 138.98 4.87 Page:6 670.49 apChkLst Final Check List Page: 7 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134127 09/24/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 504.00 504.00 134128 09/24/2009 002354 POSITIVE PROMOTIONS INC Educ handouts:Tem. Citizen Corp 654.85 654.85 134129 09/24/2009 000254 PRESS ENTERPRISE COMPANY Aug display ad: FIT 5k/10k run 157.50 157.50 INC 134130 09/24/2009 012904 PRO ACTIVE FIRE DESIGN Aug Plan Check Svc: Fire 5,091.91 5,091.91 134131 09/24/2009 002012 R D 0 EQUIPMENT COMPANY City veh repair maint:PW Maint 755.49 City veh repair maint:PW Maint 362.96 1,118.45 134132 09/24/2009 004029 R J M DESIGN GROUP INC Jul dsgn:redhawk parks improvment 643.12 643.12 134133 09/24/2009 010281 RAINBOW RACING SYSTEM INC Runners Bibs:5 /10K:F.I.T. Finale 134134 09/24/2009 000262 RANCHO CALIF WATER DISTRICT sept:01 -02- 98010 -0 Fire Stn 84 436.91 222.00 222.00 sept: 01 -02- 98000 -0 Fire Stn 84 14.38 Sept 01 -02- 02001 -0 Rancho Vista Rd 434.51 Various Water Meters 31,022.45 aug:01- 11- 70250 -2 solana way 530.08 aug:01- 11- 70003 -2 avenida vista 159.54 aug:01 -11- 70002 -2 come cantera 149.35 aug:01 -11- 70001 -2 come cantera 157.51 sept:01- 19- 90041 -1 greenstone st Iscp 156.53 sept:01 -02- 96000 -3 laurie rae In 61.57 sept:01 -02- 96111 -2 rancho vista rd 78.45 33,201.28 134135 09/24/2009 002654 RANCHO FORD LINCOLN Repair of Park Ranger Vehicle #08 -177 225.00 225.00 MERCURY 134136 09/24/2009 000907 RANCHO TEMECULA CAR WASH Aug City veh. detailing srvcs:Var. Depts 178.50 178.50 134137 09/24/2009 000271 RBF CONSULTING Jul Parcel Map:Summerhouse 632.19 Jul eng srvcs:I- 15/SR -79 Ult. Intrchg 56,441.50 Jul Prof Srvcs:I- 15 /Sr79s Ult. Intrchg 470.65 57,544.34 134138 09/24/2009 004584 REGENCY LIGHTING Misc electrical supplies:var park sites 351.96 Misc Electrical Supplies:Crc 113.54 465.50 134139 09/24/2009 000406 RIVERSIDE CO SHERIFFS DEPT 7/1- 1 510 9:law enforcement 742,326.85 742,326.85 Page:7 apChkLst Final Check List Page: 8 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134140 09/24/2009 001365 RIVERSIDE COUNTY OF 134141 09/24/2009 001365 RIVERSIDE COUNTY OF 134142 09/24/2009 004822 RIVERSIDE TRANSIT AGENCY 134143 09/24/2009 009621 SCOTTSDALE COMMERCE LLC 134144 09/24/2009 010089 SECURITAS SECURITY SRVCS USA 134145 09/24/2009 009746 SIGNS BY TOMORROW 134146 09/24/2009 000645 SMART FINAL INC 134147 09/24/2009 000374 SO CALIF EDISON 134148 09/24/2009 000537 SO CALIF EDISON 134149 09/24/2009 002361 SO CALIF FPOS 134150 09/24/2009 001212 SO CALIF GAS COMPANY (Continued) Description Apr '09 -Jun '09 vector control srvcs Oct '08-Mar '09 vector control srvcs Co -op agrmnt:temecula trolley Jul co-op agrmnt:temecula trolley 1 yr off -site storage: City Aug security patrol srvcs:harveston lake Public ntc sign posting /pa08- 0233:PIn Public ntc sign posting /pa08- 0271:PIn Public ntc sign posting /pa09- 0184:PIn Public ntc sign posting /pa09- 0174:PIn Public ntc sign posting /pa09- 0170:PIn Public ntc sign posting /pa09- 0132:PIn Public ntc sign pasting /pa09- 0040:PIn Signs /materials:Youth Media Arts Misc supplies:emp recognition rec supplies:Dog House Prgm rec supplies:Dog House Prgm Misc supplies:emp recognition Program supplies:High Hopes Prgm supplies :F.I.T. 5K/10K walk -nun add! SCE fee /str Ight chg:R.Rnch Impry sept:2 -28- 397 -1315 Redhawk Pkwy sept:2 -28 -331 -4847 Pauba Rd sept:2- 30- 296 -9522 rancho vista rd sept:2- 27- 560 -0625 Deerhollow Way sept:2 -30- 099 -3847 ryecrest fy 09/10 mbrshp dues S.Dakin sept:181- 383 8881 -6 T. Museum sept:125- 244 2108 -3 Library sept: 026 671 2909 -8 Comm Theater sept: 021- 725- 0775 -4 MPSC Sept:095- 167 7907 -2 Fire Stn 84 Amount Paid Check Total 12,382.47 12,382.47 8,080.76 8,080.76 11,728.68 25,000.00 36,728.68 12,430.00 12,430.00 3,255.00 3,255.00 148.50 148.50 148.50 148.50 297.00 148.50 445.50 175.71 445.89 41.55 37.83 40.51 115.74 119.19 100.04 20.48 124.39 394.82 3,110.68 74.06 55.00 12.58 18.01 24.78 62.97 133.19 Page:8 1,660.71 800.71 100.04 3,724.43 55.00 251.53 134151 09/24/2009 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:Stn 84 80.00 80.00 INC apChkLst Final Check List Page: 9 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134152 09/24/2009 011639 SPORTS BOOSTERS INC Fall Sports Poster CHS Ad 100.00 134153 09/24/2009 003599 T Y LIN INTERNATIONAL Jul Dsgn Srvcs:W.Bypass Bridge 35,585.76 134154 09/24/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:mpsc 56.50 134155 09/24/2009 009500 TEMEC ELECTRONICS, INC Misc tools equipment: PW Traffic 55.90 Misc tools equipment: PW Traffic 364.63 420.53 134156 09/24/2009 012265 TEMECULA ACE HARDWARE C/O Misc supplies:var park sites 10.34 10.34 134157 09/24/2009 010679 TEMECULA AUTO City vehicle repair /maint:Stn 84 588.72 REPAIR /RADIATOR Squad 84 maint: Stn 84 243.56 832.28 134158 09/24/2009 004260 TEMECULA STAMP GRAPHICS Stamps:fire prevention 196.40 196.40 134159 09/24/2009 011736 TEMECULA TROPHY INC Trophies:recreation tennis pgrm 108.75 Recognition supplies: HR 66.28 175.03 134160 09/24/2009 010046 TEMECULA VALLEY Jul '09 Bus. Impry District Asmnts 41,203.49 41,203.49 CONVENTION 134161 09/24/2009 003067 TEMECULA VALLEY R V SERVICE Trailer repair:temecula police 134162 09/24/2009 004274 TEMECULA VALLEY SECURITY locksmith srvcs: var park sites /crc CENTR Amount Paid Check Total 100.00 35,585.76 Misc supplies:mpsc 53.78 Misc supplies: F.I.T. 5K/1 OK pgrm 12.74 Misc supplies: F.I.T. 5K/1 OK pgrm 141.53 Recreation Supplies:FAM Program 38.90 Misc supplies: F.I.T. 5K/1 OK pgrm 152.94 Artist hospitality supplies:theater 44.26 Recreation supplies:childrens mus 127.97 Recreation supplies:childrens mus 48.32 676.94 1,503.36 1,503.36 13.01 13.01 134163 09/24/2009 003149 TERRA CAL CONSTRUCTION INC Rel. stp ntc:Robertson /Low Flow Crss 78.75 78.75 134164 09/24/2009 003849 TERRYBERRYCOMPANY Employee recognition: HR 559.22 559.22 134165 09/24/2009 010276 TIME WARNER CABLE Sep:high speed internet MPSC 14.74 sept high speed internet stat #92 102.45 117.19 Page9 apChkLst Final Check List Page: 10 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134166 09/24/2009 000319 TOMARK SPORTS INC field improvements: pbsp 595.49 field improvements: pbsp 615.49 Gym equipment: crc 564.62 1,775.60 134167 09/24/2009 002452 TOP LINE INDUSTRIAL equip repair maint:PW Maint 11.54 equip repair maint:PW Maint 8.60 20.14 134168 09/24/2009 013084 TRI STATE PUMP INC Pump repair: hary lake park 2,669.00 2,669.00 134169 09/24/2009 012725 TRZOP, NICHELLE TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 1,411.20 3,292.80 134170 09/24/2009 004145 TW TELECOM aug:City phones general usage 5,693.24 5,693.24 134171 09/24/2009 004261 VERIZON sept:xxx -0074 general usage 304.06 sept:xxx -0714 PD Mall Alarm 96.73 sept:xxx -6084 general usage 34.35 sept:xxx -3564 alarm 71.02 Sept:xxx -5072 general usage 2,378.41 sept:xxx -3143 PD Overland Office 46.59 sept:xxx -4723 Police Storefront 36.65 sept:xxx -8573 general usage 35.52 sept:xxx -5473 Moraga Rd 35.79 sept:xxx -0073 general usage 266.75 sept:xxx -2075 general usage 33.26 sept:xxx -5275 PD DSL 36.65 3,375.78 134172 09/24/2009 004789 VERIZON ONLINE sept:lnternet svcs xx9647 Library 439.95 sept:lnternet svcs xx2527 Police DSL 42.99 482.94 134173 09/24/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:crc /city 533.35 Misc custodial supplies:c.h. /w.w. /foc 353.81 887.16 134174 09/24/2009 006612 WEATHERPROOFING TECH, INC roof prey maint: City facilities 17,193.88 17,193.88 134175 09/24/2009 003730 WEST COAST ARBORISTS INC Tree Removal: Martinique Slope 156.00 156.00 134176 09/24/2009 000339 WEST PUBLISHING CORP 8/5-9/4 law library judicial updates 152.28 152.28 134177 09/24/2009 002109 WHITE CAP INDUSTRIES INC Aug maint supplies:PW Maint 21.61 Sep maint supplies:PW Maint 75.42 Aug maint supplies:PW Maint 260.70 357.73 134178 09/24/2009 012404 WORDEN SAFETY PRODUCTS (2) wheel chock:Police weigh stn veh 77.67 77.67 LLC Pagel 0 apChkLst Final Check List Page: 11 09/24/2009 12:10:07PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134179 09/24/2009 013018 VVUERTH, MARK JOSEPH recycled H2O systm testing:var parks 2,550.00 2550.00 Grand total for UNION BANK OF CALIFORNIA: Amount Paid Check Total 1,598,946.76 Page:11 apChkLst Final Check List Page: 12 09/24/2009 12:10:07PM CITY OF TEMECULA 123 checks in this report. Grand Total All Checks: 1,598,946.76 Page:12 ITEM NO. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: October 13, 2009 SUBJECT: City Treasurer's Report as of August 31, 2009 PREPARED BY: Rudy Graciano, Revenue Manager Approvals City Attorney Director of Finance City Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of August 31, 2009. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of August 31, 2009. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of August 31, 2009 Investments Investments Certificates of Deposit Bank Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investment Contracts Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Reporting period 08/01/2009-08/31/2009 Run Date: 09/29/2009 11:08 Par Value 873,983.53 80,149,595.12 1.00 67,627,032.44 23,000,000.00 12,000,000.00 2,031,468.76 185,682,080.85 11,458,009.13 197,140,089.98 August 31 Month Ending 293,789.18 204,734,224.00 1.69% City of Temecula, California Portfolio Management Portfolio Summary August 31, 2009 Market Value 873,983.53 80,149,595.12 1.00 67,710,024.36 23,418,720.00 12,248,450.00 2,031,468.76 873,983.53 80,149,595.12 1.00 67,627,032.44 23,000,000.00 1 1,978,160.00 2,031,468.76 186, 432,242.77 185,660,240.85 11,458,009.13 11,458,009.13 197,890,251.90 197,118,249.98 Fiscal Year To Date 595,064.20 216, 409,251.55 1.62% Book %of Value Portfolio 0.47 43.17 0.00 36.43 12.39 6.45 1.09 Term 1,177 1 1 1 1,421 1,141 6,979 1 Days to Maturity 365 1 1 1 1,147 834 2,922 City of Temecula 43200 Business Park Drive P.Q. BoX 9033 Temecula, CA, 92590 (951)694 -6430 YTM YTM 360 Equiv. 365 Equiv. 5.600 5.678 0.666 0.676 0.000 0.000 1.617 1.639 3.267 3.313 2.774 2.813 5.509 5.585 100.00% 332 230 1.547 1.569 1 0.000 0.000 332 230 1.547 1.569 Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP Run Date: 09123(2009 11:08 Subtotal and Average 873,983.53 Managed Pool Accounts 1 2221 6003 -2 CITY COP RE2 ASSURED GUARANTY 104348008 -1 01 -2 IMP 2 First American Treasury 104348006 -4 01 -2 RESA2 First American Treasury 104348016 -3 01 -2 RESB2 First American Treasury 104348000 -4 01 -2 SPTAX2 First American Treasury 94669911 -2 03 -1 ACQA2 First American Treasury 94669921-3 03 -1 ACQB3 First American Treasury 94669902-3 03 -1 BON D3 First American Treasury 94669906-3 03 -1 RES A3 First American Treasury 94669916 -2 03 -1 RES B2 First American Treasury 94669900 -4 03 -1 SPTAX1 First American Treasury 793593011 -2 03 -2 ACQ 2 First American Treasury 793593009 -2 03 -2 EMWD 2 First American Treasury 793593007 -2 03 -2 IMP 2 First American Treasury 793593016 -4 03 -2 LOC 2 First American Treasury 793593010 -2 03 -2 PWADM2 First American Treasury 793593006 -2 03 -2 RES 2 First American Treasury 793593000 -3 03 -2 SPTX2 First American Treasury 744727011 -2 03 -3 ACQ2 First American Treasury 744727002 -2 03 -3 BOND 2 First American Treasury 744727007 -2 03 -3 CITY2 First American Treasury 744727009 03 -3 EMW D 1 First American Treasury 744727006 -3 03 -3 RES3 First American Treasury 744727000 -4 03 -3 SP TX 4 First American Treasury 94686001 -2 03 -4 ADMIN2 First American Treasury 94686005 -1 03 -4 PREP1 First American Treasury 94686000 -1 03 -4 RED1 First American Treasury 94666006 -2 03 -4 RES2 First American Treasury 786776002 -2 03 -6 BON D2 First American Treasury 786776007 -2 03 -6 IMP2 First American Treasury 786776006 -2 03 -6 RES2 First American Treasury 786776000 -3 03 -6 SP TX3 First American Treasury 95453510 -2 88 -12 BON D2 First American Treasury 95453518 -4 88 -12 GI4 First American Treasury City of Temecula, California Portfolio Management Portfolio Details Investments August 31, 2009 873,983.53 873,983.53 873,983.53 5.600 5.678 365 1.00 1.00 1.00 1.000 0.986 1.000 1 0.00 0.00 0.00 0.000 0.000 1 441,608.41 441,608.41 441,608.41 0.000 0.000 1 203,290.76 203,290.76 203,290.76 0.000 0.000 1 854,666.18 854,666.18 854,666.18 0.000 0.000 1 4,272.65 4,272.65 4,272.65 0.000 0.000 1 15,113.21 15,113.21 15,113.21 0.000 0.000 1 07101!2009 0.34 0.34 0.34 0.000 0.000 1 866,306.56 866,306.56 866,306.56 0.000 0.000 1 223,568.63 223,568.63 223,568.63 0.000 0.000 1 983,267.88 983,267.88 983,267.88 0.000 0.000 1 216,022.07 216,022.07 216,022.07 0.000 0.000 1 4,229.47 4,229.47 4,229.47 0.000 0.000 1 3,442.18 3,442.18 3,442.18 0.000 0.000 1 2,841,523.06 2,841,523.06 2,841,523.06 0.000 0.000 1 2,150.25 2,150.25 2,150.25 0.000 0.000 1 367.56 367.56 367.56 0.000 0.000 1 2,295,871.04 2,295,871.04 2,295,871.04 0.000 0.000 1 18,611.36 18,611.36 18,611.36 0.000 0.000 1 07/01/2009 0.51 0.51 0.51 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 2,178,102.75 2,178,102.75 2,178,102.75 0.000 0.000 1 1,574,741.66 1,574,741.66 1,574,741.66 0.000 0.000 1 14,126.65 14,126.65 14,126.65 0.000 0.000 1 4,071.85 4,071.85 4,071.85 0.000 0.000 1 69,612.98 69,612.98 69,612.98 0.000 0.000 1 96,735.76 96,735.76 96,735.76 0.000 0.000 1 07/01/2009 0.02 0.02 0.02 0.000 0.000 1 1,402.18 1,402.18 1,402.18 0.000 0.000 1 338,810.73 338,810.73 338,810.73 0.000 0.000 1 260,144.46 260,144.46 260,144.46 0.000 0.000 1 1,192,139.87 1,192,139.87 1,192,139.87 0.000 0.000 1 54,990.87 54,990.87 54,990.87 0.000 0.000 1 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit Bank 95453518 -2 88 12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 365 09/01/2010 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed P001 Accounts 1 2221 6003 -4 CITY COP RE4 First American Treasury 122216008-3 CITY COPCIP2 First American Treasury 1 2221 600 0 -2 CITY COPLPF2 First American Treasury 94434160 -1 RDA 02 INT1 First American Treasury 94 43 41 61 -2 RDA 02 PRIN2 First American Treasury 107886008 -2 RDA 06 CIPA2 First American Treasury 107886001 RDA 06 PRIN First American Treasury 107886000 -2 RDA 06A INT2 First American Treasury 107886018-3 RDA 06B CIP3 First American Treasury 107886010 -2 RDA 06B INT2 First American Treasury 107886016 -2 RDA 06B RES2 First American Treasury 107886030 -2 RDA 07 CAPI2 First American Treasury 107886027 -2 RDA 07 ESC2 First American Treasury 107886020 -2 RDA 07 INT2 First American Treasury 107886028 -2 RDA 07 PROJ2 First American Treasury 107886026 -2 RDA 07 RES2 First American Treasury 94432360 -2 TCSD COP INT First American Treasury 94432363 02001 Financial Security Assurance 793593011 -1 03 -2 -1 ACOUI CA Local Agency Investment Fun 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 122216008 CITY COP CIP CA Local Agency Investment Fun 1 2221 6003 -1 CITY COP RE1 CA Local Agency Investment Fun 107886008 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 107886018 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 107886030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond Run Date: 09/29/2009 11:08 Subtotal and Average 79,062,969.69 Letter of Credit 104348006 -1 02008 ASSURANCE CO BOND INSURANCE 07/01/2009 Subtotal and Average City of Temecula, California Portfolio Management Portfolio Details Investments August 31, 2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 4,841.74 4,841.74 4,841.74 0.000 0.000 1 1,005,165.87 1,005,165.87 1,005,165.87 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 07/27/2009 0.00 0.00 0.00 0.000 0.000 1 378,418.13 378,418.13 378,418.13 0.000 0.000 1 6,824.93 6,824.93 6,824.93 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 202,115.10 202,115.10 202,115.10 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 07/01/2009 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 218,256.29 218,256.29 218,256.29 0.000 0.000 1 91.46 91.46 91.46 0.000 0.000 1 07/01/2009 0.28 0.28 0.28 0.000 0.000 1 07/01/2009 1.00 1.00 1.00 0.000 0.000 1 28,994,484.17 28,994,484.17 28,994,484.17 1.510 1.489 1.510 1 1,551,235.20 1,551,235.20 1,551,235.20 1.510 1.489 1.510 1 1,193,503.57 1,193,503.57 1,193,503.57 1.510 1.489 1.510 1 534,963.15 534,963.15 534,963.15 1.510 1.489 1.510 1 3,580,949.28 3,580,949.28 3,580,949.28 1.510 1.489 1.510 1 16,745,076.30 16,745,076.30 16,745,076.30 0.000 0.000 1 816,468.07 816,468.07 816,468.07 0.000 0.000 1 2,439,000.00 2,439,000.00 2,439,000.00 0.000 0.000 1 3,044,156.22 3,044,156.22 3,044,156.22 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 3,561,600.04 3,561,600.04 3,561,600.04 0.000 0.000 1 1,113,249.42 1,113,249.42 1,113,249.42 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 80,149,595.12 80,149,595.12 80,149,595.12 1.00 1.00 1.00 1.00 1.00 0.666 0.676 1 0.000 0.000 1 0.000 0.000 1 Page 3 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details Investments August 31, 2009 Run Date: 09/29/2009 -11:08 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 1,507,726.17 1,507,726.17 1,507,726.17 0.000 0.000 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,855,470.39 3,855,470.39 3,855,470.39 0.000 0.000 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 1,272,208.21 1272,208.21 1,272,208.21 0.000 0.000 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.000 0.000 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 156,347.58 156,347.58 156,347.58 0.000 0.000 1 SYSCITY CITY CA Local Agency Investment Fun 13,737,260.79 13,756,001.26 13,737,260.79 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 33,064,614.55 33,109,721.53 33,064,614.55 1.510 1.489 1.510 1 SYSTCSD TCSD CA Local Agency Investment Fun 14,033,404.75 14,052,549.22 14,033,404.75 1.510 1.489 1.510 1 Subtotal and Average 68,265,742.12 67,627,032.44 67,710,024.36 67,627,032.44 1.617 1.639 1 Page 4 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,003,130.00 1,000,000.00 5.000 4.932 5.000 1,123 09/28/2012 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 2,028,120.00 2,000,000.00 3.750 3.699 3.750 1,259 02/11/2013 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,012,810.00 1,000,000.00 3.950 3.896 3.950 682 07/15/2011 31331GAP4 01122 Federal Farm Credit Bank 09/04/2008 1,000,000.00 1,000,310.00 1,000,000.00 4.250 4.192 4.250 1,099 09/04/2012 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,030,000.00 1,000,000.00 4.050 3.995 4.050 874 01/23/2012 3133XRVA5 01109 Federal Horne Loan Bank 07/30/2008 1,000,000.00 1,031,250.00 1,000,000.00 4.220 4.162 4.220 1,063 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,016,880.00 1,000,000.00 4.125 4.068 4.125 710 08/12/2011 3133XRXX3 01116 Federal Horne Loan Bank 08/20/2008 1,000,000.00 1,030,000.00 1,000,000.00 4.070 4.014 4.070 1,084 08/20/2012 3133XUAE3 01131 Federal Home Loan Bank 07/27/2009 1,000,000.00 999,060.00 1,000,000.00 2.000 1.973 2.000 1,060 07/27/2012 3133XUBX0 01133 Federal Horne Loan Bank 07/30/2009 1,000,000.00 1,002,190.00 1,000,000.00 2.375 2.342 2.375 1,247 01/30/2013 3133XUGS6 01136 Federal Home Loan Bank 08/26/2009 1,000,000.00 1,008,440.00 1,000,000.00 2.500 2.466 2.500 1,274 02/26/2013 3133XUKAO 01138 Federal Horne Loan Bank 08/26/2009 1,000,000.00 1,007,500.00 1,000,000.00 2.580 2.545 2.580 178 02/26/2010 3128X8R46 01128 Federal Home Loan Mtg Corp 06/25/2009 2,000,000.00 2,029,780.00 2,000,000.00 3.000 2.959 3.000 1,393 06/25/2013 3128X8S52 01129 Federal Horne Loan Mtg Corp 06/29/2009 1,000,000.00 1,009,560.00 1,000,000.00 2.450 2.416 2.450 1,032 06/29/2012 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,127,500.00 2,000,000.00 4.000 3.945 4.000 1,287 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,065,000.00 1,000,000.00 4.000 3.945 4.000 1,303 03/27/2013 3136FHRX5 01126 Federal National Mtg Assn 05/21/2009 1,000,000.00 1,003,440.00 1,000,000.00 2.125 2.096 2.125 1,723 05/21/2014 3136FHXF7 01127 Federal National Mtg Assn 06/10/2009 1,000,000.00 1,002,190.00 1,000,000.00 2.000 1.973 2.000 1,196 12/10/2012 3136FHY66 01132 Federal National Mtg Assn 08/03/2009 1,000,000.00 1,005,000.00 1,000,000.00 2.000 1.973 2.000 1,067 08/03/2012 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,006,560.00 1,000,000.00 3.000 2.959 3.000 1,791 07/28/2014 Subtotal and Average 29,096,564.52 23,000,000.00 23,418,720.00 23,000,000.00 3.267 3.313 1,147 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,033,440.00 1,000,000.00 5.000 4.934 5.002 267 05/26/2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,052,500.00 1,993,700.00 2.630 2.703 2.740 597 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,044,060.00 998,140.00 3.500 3.514 3.563 762 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,045,000.00 999,000.00 3.625 3.610 3.661 682 07/15/2011 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Investment Contracts 95453518 -1 88 -12 GEN IM 95453516 -1 88 -12 RES 2 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 991,250.00 997,500.00 2.250 2.284 2.316 1,427 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 998,750.00 1,000,000.00 2.150 2.121 2.150 1,252 02/04/2013 3133XRRU6 01101 Federal Horne Loan Bank 07/03/2008 1,000,000.00 1,046,880.00 998,570.00 3.625 3.626 3.676 668 07/01/2011 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,015,310.00 1,000,000.00 2.100 2.071 2.100 874 01/23/2012 3133XTN85 01125 Federal Horne Loan Bank 05/07/2009 1,000,000.00 1,005,630.00 1,000,000.00 1.500 1.479 1.500 797 11/07/2011 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,015,000.00 1,000,000.00 2.250 2.219 2.250 1,014 06/11/2012 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,000,630.00 991,250.00 1.750 2.024 2.052 1,074 08/10/2012 Run Date: 09/29/2009 11:08 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Data Subtotal and Average 19,168,405.48 IXIS Funding Corp IXIS Funding Corp Subtotal and Average 2,031,46836 Total and Average 204,734,224.00 City of Temecula, California Portfolio Management Portfolio Details Investments August 31, 2009 07/24/1998 07/24/1998 12, 000, 000.00 12, 248,450.00 500,000.00 1,531,468.76 500,000.00 1,531,468.76 2,031,468.76 2,031,468.76 185,682, 080.85 186,432,242.77 11,978,160.00 2374 2.813 834 Page 5 500,000.00 5.430 5.509 5.585 2,922 09/01/2017 1,531,468.76 5.4,30 5.509 5.585 2,922 09/01/2017 2,031,46836 5.509 5.585 2,922 185,660,240.85 1.547 1.569 230 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP Run Date: 09/29/2009 11:08 Average Balance 0.00 Total Cash and Investments 204,734,224.00 City of Temecula, California Portfolio Management Portfolio Details Cash August 31, 2009 Average Purchase Stated YTM YTM Days to Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA #1202 AAA #1202 COMMUNITY BANK 07/01/2009 916,494.74 916,494.74 916,494.74 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2009 649,338.48 649,338.48 649,338.48 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2009 1,017,095.21 1,017,095.21 1,017,095.21 0.000 0.000 1 Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2009 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2009 17,659.83 17,859.63 17,859.83 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 8,842,418.22 8,842,418.22 8,842,418.22 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2009 11,992.65 11,992.65 11,992.65 0.000 0.000 1 197,140,089.98 197,890,251.90 197,118, 249.98 1.547 1.569 230 Page 6 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Less: Cash and Investments Report CITY OF TEMECULA Through August 31, 2009 001 GENERAL FUND $50,576,983.78 100 STATE GAS TAX FUND $0.40 101 STATE TRANSPORTATION FUND 1,456,729.37 120 DEVELOPMENT IMPACT FUND 5,282,318.30 150 AB 2766 FUND 394,914.40 160 AB3229 COPS 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 11,875,295.23 170 MEASURE A FUND 8,374,117.68 190 TEMECULA COMMUNITY SERVICES DISTRICT 434,159.35 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 4,879.65 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 615,309.52 194 TCSD SERVICE LEVEL "D" 262,806.32 195 TCSD SERVICE LEVEL "R" STREET /ROAD 39,056.84 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 206,670.85 197 TEMECULA LIBRARY FUND 1,404,943.41 210 CAPITAL IMPROVEMENT PROJECT FUND 34,694,138.08 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 5,382,582.42 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 1,290,819.57 276 CFD 03 -6 HARVESTON 2 IMPROVEMENT FUND 157,749.76 277 CFD RORIPAUGH 31,962,916.66 280 REDEVELOPMENT AGENCY CIP PROJECT 7,564,219.01 300 INSURANCE FUND 847,234.33 310 VEHICLES FUND 779,658.60 320 INFORMATION SYSTEMS 454,783.69 330 SUPPORT SERVICES 286,604.57 340 FACILITIES 117,607.15 370 CITY 2008 COP'S DEBT SERVICE 1,856,589.78 375 SUMMER YOUTH EMPLOYMENT PROGRAM 12,831.21 380 RDA DEBT SERVICE FUND 7,388,035.57 390 TCSD 2001 COP'S DEBT SERVICE 15,353.56 460 CFD 88 -12 DEBT SERVICE FUND 4,819,531.72 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 1,533,616.17 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 2,098,295.69 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 183,748.96 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 4,070,918.25 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 622,316.72 477 CFD 03 -02 RORIPAUGH DEBT SERVICE FUND 10,792,862.64 700 CERBT CALIFORNIA EE RETIREE GASB45 2,790,451.34 Total *CERBT CALIFORNIA EE RETIREE GASB45 Grand Total: Fund Total $200,651,050.55 (2,760,798.65) $197,890,251.90 These investments are in an irrevocable trust with CalPers and are only available to finance retiree health care. These monies are not available for general City operations /capital projects. Since they are not available for general expenditure, they will be excluded from the monthly Treasurer's Report so as not to overstate the City's investments. ITEM NO. 5 PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: FISCAL IMPACT: None RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Finance Director DATE: October 13, 2009 SUBJECT: California Emergency Management Agency Authorized Agent Designation A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE. BACKGROUND: The City of Temecula has applied to the California Emergency Management Agency (formerly Office of Emergency Services OES) for Federal or State assistance during declared emergencies. This assistance has included reimbursement for damages incurred during the fire and windstorms in 2007 as well as funding for mitigation projects for public facilities damaged during declared State or Federal Emergencies. Each application to the California Emergency Management Agency (CALEMA) must be signed by an agent designated by the City Council through a resolution. In addition, only a designated agent can communicate with agency staff regarding Temecula funding status. The designated agents currently on file with CALEMA were designated in 1998. Due to organizational changes in the past 11 years, only one of the titles on file remains. The attached resolution will designate the City Manager, the Deputy City Manager, the Director of Public Works, and the Director of Finance as agents by title. Designation by title will negate adopting ensuing resolutions upon personnel changes and will expedite obtaining signatures for applications and grant queries with CALEMA. ATTACHMENTS: Resolution No. 09- Designation of Applicant's Agent Resolution for Non -State Agencies RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City of Temecula desires to apply for Disaster Recovery Public Assistance; B. The City Council desires to designate its agents to provide to the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements require. Section 2. The City Council hereby authorizes the City Manager, the Deputy City Manager, the Director of Public Works, and the Director of Finance to execute for and on behalf of the City of Temecula, a public entity established under the laws of the State of California, an application and to file the application with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act. Section 3. The City of Temecula, a public entity established under the laws of the State of California, hereby authorizes the agents specified in Section 2 to provide to the California Emergency Management Agency the assurances and agreements required for all matters pertaining to such state disaster assistance. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 13th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND STATE FINANCIAL ASSISTANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City of Temecula desires to apply for Disaster Recovery Public Assistance; B. The City Council desires to designate its agents to provide to the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements require. Section 2. The City Council hereby authorizes the City Manager, the Deputy City Manager, the Director of Public Works, and the Director of Finance to execute for and on behalf of the City of Temecula, a public entity established under the laws of the State of California, an application and to file the application with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act. Section 3. The City of Temecula, a public entity established under the laws of the State of California, hereby authorizes the agents specified in Section 2 to provide to the California Emergency Management Agency the assurances and agreements required for all matters pertaining to such state disaster assistance. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 13th day of October, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk State of California OFFICE OF EMERGENCY SERVICES THAT I, Susan W. Jones, CMC City of Temecula DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Temecula (Governing Body) (Name of' Applicant) (Name of' Applicant) City Manager, Deputy City Manager,OR (Title of Authorized Agent) Director of Finance (Title of Authorized Agent) Public Works Director (Title of Authorized Agent) is hereby authorized to execute for and in behalf of the Ci ty of Temecula a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Temecula a public entity established under the laws of the State of California, (Name of' Applicant) hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. M This is a universal resolution and is effective for all open and future disasters. This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this 13 th day of Oc tober 20 0 9 Maryann Edwards, Mayor (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION OES ID 065 -78120 ,OR duly appointed and City Clerk of (Name) (Title) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the City of Temecula (Governing body) (Name of Applicant) on the 13th day of October 200 9 City Clerk (Signature) (Title) OES Form 130 (03!08) DAD Form Page 1 ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 13, 2009 SUBJECT: Riverside County Mortgage Credit Certificate Program PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM BACKGROUND: The Riverside County Board of Supervisors will authorize the County Economic Development Agency (EDA) to apply to the California Debt Limit Allocation Committee for an allocation of Mortgage Credit Certificates on or about October 16, 2009. The City of Temecula is able to participate in the County MCC Program for mortgage loans available for first -time homebuyers in Temecula. Adoption of the attached resolution is necessary for the City to participate in the County's MCC Program. A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of federal tax liability on a home mortgage. This tax credit allows the buyer to more easily qualify for a loan by effectively increasing the stated income of the buyer. The Riverside County MCC Program allows a 15% rate, which can be applied against the interest paid on the mortgage loan. The borrower can then claim a credit on their taxes equal to 15% of the interest paid during the year. Since the taxes paid by the borrower are being reduced, the annual take -home pay is effectively increased. The borrower can still deduct the remaining part for the interest paid as a standard deduction. When underwriting a loan, a lender takes this potential income increase into consideration and the borrower is able to qualify for a larger loan than would otherwise be possible. This program can be used with all types of homes, including foreclosures, new and resale single family and /or manufactured homes. The City of Temecula has participated in the MCC Program in past years. Staff recommends approval of the attached updated resolution, to provide another tool for qualified homebuyers to purchase a home in Temecula. FISCAL IMPACT: No impact to the City or the Redevelopment Agency budget. Potential buyers can qualify through a lender to receive the MCC from the County. ATTACHMENTS: Resolution RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Tax Reform Act of 1986 established the Mortgage Credit Certificate Program "MCC Program as a means of assisting qualified individuals with the acquisition of new and existing single family housing. B. Pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 50197 et seq, local issuers are authorized to issue Mortgage Credit Certificates "Certificates and administer MCC Program. C. The Board of Supervisors of the County of Riverside adopted Resolution No. 87 -564 on December 22, 1987 establishing a Mortgage Credit Certificate Program. D. The Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency "EDA to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program. E. The County of Riverside "County will apply to the California Debt Limit Allocation Committee "CDLAC for a mortgage credit certificate allocation on or about October 16, 2009. F. The City of Temecula "City wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single family housing in Riverside County. G. The adoption of this resolution is necessary to include the City of Temecula as a participating unit of general government under County's MCC Program. H. The City agrees to cooperate with the County of Riverside to undertake the MCC Program within City jurisdiction to assist persons or households of limited income to purchase new and existing single family residences located in the City. The City by adopting this Resolution, hereby gives notice of its election to participate in the Riverside County MCC Program. Section 2. Now, therefore be it resolved, by the City Council of the City of Temecula as follows: A. The City of Temecula agrees to: 1. Participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single family housing in Riverside County. 2. Assist the County of Riverside to market the MCC Program with the city's jurisdictional boundary by publishing a general public notice in the local newspaper at lease twice a year. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor 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 13th day of October, 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. 7 PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 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: October 13, 2009 SUBJECT: Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the State Route 79 South (SR -79S) /Western Bypass Bridge Project 1. Approve the attached Agreements totaling $1,789,000 for the funding of TUMF Zone Arterial Network Improvements between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the State Route 79 South (SR -79S) /Western Bypass Bridge Project; and 2. Authorize the City Manager to execute the Agreements. BACKGROUND: The proposed SR -79 /Western Bypass Bridge Project is identified within the Southwest Zone 5 -Year Transportation Improvement Program (TIP) as a transportation project eligible to receive TUMF funding. On August 3, 2009 the WRCOG Executive Committee approved the Agreements for funding TUMF Zone Arterial Network Improvements between WRCOG and the City of Temecula for the SR -79S /Western Bypass Bridge Project. The SR -79S /Western Bypass Bridge Project provides for the ultimate construction of a 300' bridge over Murrieta Creek. This project also represents the City's southern connection to the Western Bypass Corridor, linking the Corridor to Interstate 15 (1 -15) and SR -79S /Temecula Parkway at the 1- 15 /SR -79S Freeway Interchange. For purposes of the Agreements, TUMF funding in the amount of $1,789,000 is available for the planning, environmental, engineering, and design phases of the project. In accordance with the 2007 Nexus Study, the project is eligible to receive an additional $6,389,000 for the right -of- way /construction phases, for a project total of $8,178,000 in TUMF funding. FISCAL IMPACT: Upon City Council approval of the Agreements, the City may submit invoices to WRCOG for the reimbursement of TUMF funds up to $1,789,000 for the SR -79S /Western Bypass Bridge Project. The Agreements will be amended at a later date to include the right -of- way /construction phase of the project. ATTACHMENTS: 1 WRCOG TUMF Reimbursement Agreements for the SR- 79S /Western Bypass Bridge Project (05- SW -TEM- 1063). 2. Project Location and Project Description RVPUn1PCIOn762617.2 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM RECITALS AGREEMENT Page I of 22 05-SW-TEM-1063 AGREEMENT TO REIMBURSE TUMF FUNDS FOR PROJECT APPROVAL /ENVIRONMENTAL DOCUMENTS (PA ED) PROJECT COSTS TI -IIS AGREEMENT "Agreement is made and entered into this day of 2009, by and between the WESTERN RIVERSIDE. COUNCIL. OF GOVERNMENTS "WRCOG and the CITY OF TEMECULA, A CALIFORNIA MUNICIPAL CORPORATION (the "AGENCY WRCOG and the AGENCY are sometimes collectively referred to herein as the "PARTIES A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County "TUMF Program B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance "Qualifying Projects" or "Projects The Qualifying Projects are more specifically described in that certain WRCOG study entitled I JMF Nexus Study", as may be amended from time to time. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein. the PARTIES hereby agree as follows: 1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for SR 79 WESTERN BYPASS BRIDGE, 300 FEET OF MURRIETA CREEK (the "Project`), a Qualifying Project. A description of the Project, its implementation schedule, a detailed scope of work and the AGENCY's estimated project cost thereof, is more particularly described in Exhibit "A" attached hereto and, pursuant to Section 19 below, is subject to modification as requested by the AGENCY and approved by WRCOG. It is understood and agreed that the AGENCY shall expend TUMF Program Funds only as set forth in the Agreement and only for the Project. To this end, any use of the funds provided pursuant to this Agreement shall be subject to the review and approval of WRCOG. ties -t 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (I5 -S W -TEM -1063 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY. on the terms and conditions set forth herein, a sum not to exceed FOUR HUNDRED THIRTY ONE THOUSAND, ONE HUNDRED FORTY DOLLARS (5431,140) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount The PARTIES acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the PARTIES acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess oI'the maximum TUMF share identified in the TUMF Nexus Study "Maximum TUMF Share as may be amended from time to time. 3. Project Costs Eligible for Advance /Reimbursement. The total Project costs ("Total Project Cost may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work (I) AGENCY and /or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended Ior preparation of environmental review documentation for the Project; (4) all costs associated with right -of -way acquisition, including right -of -way engineering, appraisal, acquisition legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; and (9) construction management, field inspection and material testing costs. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) AGENCY administrative costs; (2) AGENCY costs attributed to the preparation of invoices, billings and payments; (3) any AGENCY fees attributed to the processing of the Project; and (4) expenses for items of work not included within the Scope of Work in Exhibit "A (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs. the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the PARTIES shall meet RVPUn\PCtl0IV62 2617 2 Page 2 of 22 R VPUn1PC1101 \762617.2 Page 3 of 22 05- SW -TEM -1063 and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his /her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B attached hereto. (c) Funding Antount/Adiustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. increases in Proiect Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG: In the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG. The PARTIES shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. 10. Term /Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date WRCOG formally accepts the Project as complete, O5- SW -TEM -1063 pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 14; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect followin the termination of this Agreement. 11. Representatives of the PARTIES. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Shawn 1). Nelson, City Manager, or his or her designee, as the AGENCY.'s representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 12. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 13. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 14. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the PARTIES shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program .Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. in the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have RVPUI \PCI HO1\76261 7.! Page 4 of 22 been provided. This Agreement shall terminate upon receipt by the non terminating Party of the amounts due it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the PARTIES provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 15. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 16. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 17. Indemnification. (a) AGENCY Responsibilities. In addition to the indemnification required under Section 15, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this, Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of R V PU n\PC I I O1 \7626172 Page 5 of 22 05- SW -TEM -1063 05- SW -TEM -1063 action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete, the Project. 18. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the terns of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two tunes the occurrence limit. Such insurance shall: (1) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self insurance programs covering WRCOG and AGENCY, and /or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (e) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000.000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 19. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of R V P u B\PCtton7e2r,17.2 Page (5 of 22 05 -S W -TEM -1063 the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and /or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 20. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 22. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all .ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the PARTIES for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four -year period for the purposes of examination or audit. 23. Equal Opportunity Employment. The PARTIES represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 25. Attorneys' Fees. 11' either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit: 26. Time of Essence. Time is of the essence for each and every provision of this Agreement. R VPUn11'CFIOI\762617.2 Page 7 of 22 27. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 28. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 29. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 30. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 31. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: If to WRCOG: Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 32. Inteeration. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement, or in a fully executed contract amendment as described below, is null and void. RVPUL\PCHOI \762617 2 City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 AI N: Shawn D. Nelson, City Manager Telephone: (951) 694 -6440 Facsimile: (951) 694 -6475 Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3609 Attention: Deputy Executive Director Telephone: (951) 955 -7985 Facsimile: (951) 787 -7991 Page 8 of 22 05- SW -TEM -1063 33. Severabilitv. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 34. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the PARTIES and the interpretation of the PARTIES' understanding concerning the Agreement. 35. Contract Amendment. In the event that the PARTIES determine that the provisions of this Agreement should be altered, the PARTIES may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both PARTIES. The failure of one party to execute this Agreement within forty -five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above written. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS By: (2JC_ Rick Bishop Executive Director APPROVED AS TO FORM: Best Best Kr' r By: R V PUB \PCI101 \762617.2 eral Counsel CITY OF TEMECULA 05 -S W -TEM -1063 Date: D 1 2 '0 By■ Shawn D. Nelson City Manager ATTEST: Susan W. Jones, N1C, City Clerk ilk? APP'' ED AS TO FORM: Date: g Page 9 of 22 Date: yt vt P•'er M. Thorson, City Attorney R V P U nU'C 1 1011 76 2617.2 .EXHIBIT "A" SCOPE OF WORK The Western Bypass Bridge over Murrieta Creek Project will connect the westerly terminus of State Route 79 South (SR- 79S) /femecula Parkway to the future Western Bypass Corridor. This project represents the southern connection to the Western Bypass Corridor, linking the corridor to 1 -15 and SR- 79S/Temecula Parkway at the 1 -15 /SR -79S interchange. V r •r• tr ,y FS f i t�` dl i i `p7t 0S S W TEM 1063 SCOPE OF WORK: The TUMF funding to be provided under this Agreement is for the Project Approval /Environmental Documents (PA ED) phase of the Project, described as follows: Project Approval /Environmental Documents (PA ED): This project is subject to the requirements of the California Environmental Quality Act (CEQA). Work activities include: Conduct wildlife protocol surveys; Research and prepare technical memoranda for Biology, Cultural Resources, Noise, and Air Quality; Prepare and submit applications to resource agencies for construction permits; Prepare and file environmental documents for geotechnical investigation and construction; Meet requirements of the Multiple Species Habitat Conservation Plan. Exhibit A Page 10 of 22 PHASE LOCAL /CITY:' TUMF Project Totals PA &ED 0 $431,140 $431,140 PS E (Engineering) 0 $1,357,860 $1,357,860 Right of Way /Construction $4,354,932 $6,389,000 10,743,932 Total $4,354,932 $8,178,000 $12,532,932 12 V PUI3 \PCIiO1 \762617.2 EXHIBIT "A -I" ESTIMATE OF COST The funding sources for the Western Bypass Bridge are as follows: Exhibit A 1 Page 11 of 22 05-SW-TEM-1 063 Phase Estimated or Actual Completion Date Project Approval /Environmental Documents (PA &ED) 08/01/09 Preliminary Engineering and Design (PS &E) 10/01/09 Right Of Way 09/01/09 Construction FY 2010/2011 EXHIBIT "A -2" PROJECT SCHEDULE PROJECT STATUS SCHEDULE O5- SW -TEM -1063 Project Approval /Environmental Documents (PA ED).Phase: A Notice of Determination with De Minimum Impacts Findings has been approved for the geotechnical exploratory work necessary for design of the bridge column foundations. Research and field surveys for technical memoranda in support of the project environmental document have been conducted. Preliminary Engineering and Design (PS &E) Phase: Baseline map has been developed from aerial photogrammetry and ground surveys, and includes existing utilities and property boundaries based on records. Preliminary hydrological and hydraulic analyses are complete. Coordination with the Metropolitan Water District to protect existing water transmission lines has been initiated. Encroachment permits to conduct subsurface geotechnical investigations have been secured. The City has entered into a contract with T.Y. Lin International for the PS &E phase of the project. Right -Of -Way: Existing property boundaries have been mapped based on records. Some right -of -way acquisition is required. Construction: Estimated completion in early 2011. R Y P U D\ PC h 1 O I \762617.2 Exhibit A 2 Page 12 of 22 uv1U9u'c1101\ 762617.2 Elements of Compensation EXHIBIT "B" PROCEDURES FOR SUBMITTAL. CONSIDERATION AND PAYMENT OF INVOICES For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit "B -1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B -2 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5` day of the month in order to process the invoice with in 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not Tess than semi annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "B -4" and "13-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit `13-3 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "13" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B Page 13 of22 05- SW -TEM -1063 "1 hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. R VPUB \PCHOI \762617 2 Exhibit B Page 14 of 22 05 -S W -TEM -1063 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only alter: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed INSERT WRITTEN DOLLAR AMOUNT INSERT NUMERICAL DOLLAR AMOUNT without written approval of Agency's City Manager [or applicable position] ("Total Compensation 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. liVPIJII PCIiO1\ 762617.2 Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS 1.1.2 MULTIPLIER EX11I131T "13 -1" [Sample for Professional Services] Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. Exhibit B -1 Page 15 of 22 OS- SW -TEM -1063 1.2 FIXED FEE. 1.2.1 The fixed fee is RVVUn\PCHOIV62617 2 1.1.2.3 Overhead Costs 05- SW -TEM -1063 The Decimal Ratio of Allowable Overhead Costs to the Contractor Ffnn's Total Direct Salcuy Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the' performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE Per Diem /day Car mileage /mile Travel /trip Computer Charges /hour Photocopies /copy Blueline /sheet LD Telephone /call Fax /sheet Photographs /sheet insert charges Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B -1 Page 16 of 22 2. DIRECT SALARY RATES POSITION OR CLASSIFICATION RANGE OF HOURLY RATES Principal .00 .00 /hour Project Manager .00 .00 /hour Sr. Engineer /Planner .00 .00 /hour Project Engineer /Planner .00 .00 /hour Assoc. Engineer /Planner .00 .00 /hour Technician .00 .00 /hour Drafter /CADD Operator .00 .00 /hour Word Processor .00 .00/hour 05 -S W -TEM -1063 Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date-of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. sample 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. R V I'U 1\PCHOI \762617.2 Exhibit B -1 Page 17 of 22 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 05- SW -TEM -1063 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. I2 V PIJIVCI IOfl762617.2 Exhibit B -1 Pagel 8 of 22 Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3679 Attention: Deputy Executive Director A FTN: Accounts Payable Re: Project Title Invoice Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month /Day /Year) The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month /Date /Year to Month /Date /Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: 1 certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: cc: Name Title Exhibit B -2 Page 19of22 It vPUB \PC 1101 \7626172 EXHIBIT "B -2" Sample Cover Letter to WRCOG 05 -S W -TEM -1063 $0 $0,000,000. 0,000 ,000. 00 $0,000,000.00 $0 Month /Date /Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3679 Attention: Deputy Executive Director Attn: Accounts Payable Total Base Contract Amount: Authorized Extra Work Of Applicable) Total Invoice to Date: Total Previously Billed: Balance Remaining: Amount Due this Invoice: By: Name Title RVPIJn \PCHO R7626172 EXHIBIT "B -3" Sample Letter from Contractor to AGENCY For type of services1 rendered by [contractor name' in connection with [name of project This is per agreement No. XX- XX -XXX effective Month /Date /Year Invoice period covered is from Month/Date /Year TOTAL AUTHORIZED CONTRACT AMOUNT: Exhibit B -3 Page 20of 22 to Month /Date /Year $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000.000.00 $000,000.00 Invoice 05 -S W -TEM -1063 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, RVPUI3WCHOI\762617.2 EXHIBIT "13-4" SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit 13 4 Page 21 of22 05 -S W -TEM -1063 EXHIBIT "13 -5" Sample Progress Report REPORTING PERIOD: Month /Date /Year to Month /Date /Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 100% PS &E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS &E B. Current/Potential Problems Encountered Corrective Action Problems None C. Work Planned Next Period RVPUB \PCHOR762617.2 Corrective Action None TASK 01 100% PS &E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2: Responding to review comments Exhibit B -5 Page 22 of 22 05 -S W- fEM -1063 RVPUB \PCIlOI\762615 2 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT Page 1 of 22 05 -SW- TEM -1063 AGREEMENT TO REIMBURSE TUMF FUNDS FOR PRELIMINARY ENGINEERING AND DESIGN (PS E) PROJECT COSTS THIS AGREEMENT "Agreement is made and entered into this day of 2009, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS "WRCOG") and the CITY OF TEMECULA, A CALIFORNIA MUNICIPAL CORPORATION (the "AGENCY"). WRCOG and the AGENCY are sometimes collectively referred to herein as the "PARTIES RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County "TUMF Program B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance "Qualifying Projects" or "Projects The Qualifying Projects are more specifically described in that certain WRCOG study entitled "TUMF Nexus Study as may be amended from time to time. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the PARTIES hereby agree as follows: 1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for SR -79 WESTERN BYPASS BRIDGE, 300 FEET OF MURRIETA CREEK (the "Project a Qualifying Project. A description of the Project, its implementation schedule, a detailed scope of work and the AGENCY's estimated project cost thereof, is more particularly described in Exhibit "A" attached hereto and, pursuant to Section 19 below, is subject to modification as requested by the AGENCY and approved by WRCOG. It is understood and agreed that the AGENCY shall expend TUMF Program Funds only as set forth in the Agreement and only for the Project. To this end, any use of the funds provided pursuant to this Agreement shall be subject to the review and approval of WRCOG. 5. Procedures for Distribution of TUMF Program Funds to AGENCY. 05 -S W -TEM -1063 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed ONE MILLION, THREE HUNDRED FIFTY SEVEN THOUSAND, EiGHT HUNDRED SIXTY DOLLARS (51,357,860) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount The PARTIES acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the PARTIES acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study .("Maximum TUMF Share"), as may be amended from time to time. 3. Project Costs Eligible for Advance /Reimbursement. The total Project costs ("Total Project Cost may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) AGENCY and /or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right -of -way acquisition, including right -of -way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condenmation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; and (9) construction management, field inspection and material testing costs. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) AGENCY administrative costs; (2) AGENCY costs attributed to the preparation of invoices, billings and payments; (3) any AGENCY fees attributed to the processing of the Project; and (4) expenses for items of work not included within the Scope of Work in Exhibit "A (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accmnpanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the PARTIES shall meet RVPUI3 \PCH01\7626I i 2 Page 2 of 22 05- SW -TEM -1063 and confer in an attempt to resolve the dispute. II the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his /her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B attached hereto. (c) Funding Amount/Adjustment. if a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within. 30 days of notification by WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TOME share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then- current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY'S Obligation to Repay TUMF Program Funds to WRCOG. In the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG. The PARTIES shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. 10. Term /Notice of Completion. The term of this Agreement shall he from the date first herein above written until: (i) the date WRCOG formally accepts the Project as complete, RVPUUU'c11011762615.2 Page 3 of 22 115 -S W -TEM -1063 pursuant. to Section 6; (ii) termination of' this Agreement pursuant to Section 14; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 11. Representatives of the PARTIES. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Shawn D. Nelson, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 12. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 13. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 14. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach D uring the 30 day cure period, the PARTIES shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have RVPUB \PCHOI \762615 2 Page 4 of 22 been provided. This Agreement shall terminate upon receipt by the non terminating Party of the amounts due it hereunder and upon completion of the segment or portion of Project work for which TOME Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the PARTIES provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 15. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et sec., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 16. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 17. Indemnification. 05- SW -TEM -1063 (a) AGENCY Responsibilities. In addition to the indemnification required under Section 15, the AGENCY agrees to indemnify and hold harness WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all. design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of RVPU }WC[IOIV62615.2 Page 5 of 22 05 -S W -TEM -1663 action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 18. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term ol'this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1.000,000.00 per occurrence. if such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (1) Name WRCOG and AGENCY and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of' the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self insurance programs covering WRCOG and AGENCY, and /or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000.000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) Professional Liability insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 19. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of RVPUBTCH0I\762615.2 Page 6of22 05- SW -TEM -1063 the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 el seq.; "CEQA and the National Environmental Policy Act of 1969 (42 USC 4231 el seq.), if applicable, but the necessity of compliance with CEQA and /or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 20. Conflict of Interest. For the term of this Agreement, no member officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project perforated at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 22. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by theta. All such information shall be retained by the PARTIES for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four -year period for the purposes of examination or audit. 23. Equal Opportunity Employment. The PARTIES represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Governinn Law. This Agreement shall be governed by and construed with the laws of the State of California. 25. Attorneys' Fees. II' either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 26. Time of Essence. Time is of the essence for each and every provision of this Agreement. R V PU B \PC I I OI \76261 i.2 Page 7 of 22 27. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 28. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 29. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 30. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 31. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: If to WRCOG: R V P U n\ I'C I I O I \762615.2 City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 ATTN: Shawn D. Nelson, City Manager Telephone: (951) 694 -6440 Facsimile: (951) 694 -6475 Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3609 Attention: Deputy Executive Director Telephone: (951) 955 -7985 Facsimile: (951) 787 -7991. Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 32. Integration. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement, or in a fully executed contract amendment as described below, is null and void. Page 8 of 22 05- SW -TEM -1063 33. Severability. If any tern, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 34. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, lernis and conditions contained in this Agreement shall control the actions and obligations of the PARTIES and the interpretation of the PARTIES' understanding concerning the Agreement. 35. Contract Amendment. In the event that the PARTIES determine that the provisions of this Agreement should be altered, the PARTIES may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all tines be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both PARTIES. The failure of one party to execute this Agreement within forty -five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above written. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS By: Rick Bishop Executive Director APPROVED AS TO FORM: Best Best iegt;t^LLP :::::1 3 Dater (2 0 7 By: General Counsel RVPUB \PCHOR76261 i,2 Date: eA/7 CITY OF TEMECULA Shawn D. Nelson City Manager 05 -S W -TE M -1063 ATTEST: Susan W. Jones, 1C/MC, City Clerk n. .J APPRO ED AS TO FORM: Pet' M. Thorson, City .het ro ney Page 9 of 22 R V P U B W C t 101 \76261 i.2 EXHIBIT "A" SCOPE OF WORK The Western Bypass Bridge over Murrieta Creek Project will connect the westerly terminus of State Route 79 South (SR -79S) /Temecula Parkway to the future Western Bypass Corridor. This project represents the southern connection to the Western Bypass Corridor, linking the corridor to 1 -15 and SR- 79S/Temecula Parkway at the 1 -15 /SR -79S interchange. Exhibit A Page 10 of 22 05 -S W -TE M -1063 SCOPE OF WORK: The TUMF funding to be provided under this Agreement is for the Preliminary Engineering and Design (PS &E) phase of the Project, described as follows: Preliminary Engineering and Design (PS &E): Develop topographical maps from aerial photogrammetry and ground surveys. Locate existing utilities and coordinate preparation of relocation /protection plans with utility companies. Map out property lines for right of way engineering. Conduct subsurface geotechnical investigations and analyses. Perform hydrology /hydraulic studies and structural calculations. Prepare bid documents including the project Plans. Specifications, and Estimate. Complete the Water Quality Management Plan and the SWPPP. PHASE LOCAL /CITY TUMF Project Totals PA &ED 0 $431,140 $431,140 PS E (Engineering) 0 $1,357,860 $1,357,860 Right of Way /Construction $4,354,932 $6,389,000 10,743,932 Total $4,354,932 $8,178,000 $12,532,932 EXHIBIT "A -1" ESTIMATE OF COST The funding sources for the Western Bypass Bridge are as follows: 05- SW -TEM -I 063 RV PUTAI'CIIOI \762615.2 Exhibit A 1 Page 11 of22 Phase Estimated or Actual Completion Date Project Approval /Environmental Documents (PA &ED) 08/01/09 Preliminary Engineering and Design (PS &E) 10/01/09 Right Of Way 09/01/09 Construction FY 2010/2011 EXHIBIT "A -2" PROJECT SCHEDULE PROJECT STATUS SCHEDULE O5 -S W -TEM -1063 Project Approval /Environmental Documents (PA &ED) Phase: A Notice of Determination with De Minimum Impacts Findings has been approved for the geotechnical exploratory work necessary for design of the bridge column foundations. Research and field surveys for technical memoranda in support of the project environmental document have been conducted. Preliminary Engineering and Design (PS &E) Phase: Baseline map has been developed from aerial photogrammetry and ground surveys, and includes existing utilities and property boundaries based on records. Preliminary hydrological and hydraulic analyses are complete. Coordination with the Metropolitan Water District to protect existing water transmission lines has been initiated. Encroachment permits to conduct subsurface geotechnical investigations have been secured. The City has entered into a contract with T.Y. Lin International for the PS &E phase of the project. Right -Of -Way: Existing property boundaries have been mapped based on records. Some right -of -wary acquisition is required. Construction: Estimated completion in early 2011. RV PU 13 \PChIO1\762615.2 Exhibit A 2 Page 12 of 22 R V P U tt \PC HOI \7 62615.2 Elements of Compensation Exhibit B Page 13 of22 05- SW -TEM -1063 EXHIBIT `B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit "13-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5 day ol'the month in order to process the invoice with in 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits `B -4" and "B -5 All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "8-3 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 05- SW -TEM -1063 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. RV P U n1PCI1OI \762615.2 Exhibit 13 Page 14 of 22 1. ELEMENTS OF COMPENSATION. 1.1 DIRECT LABOR COSTS. RV PURII'CnOI \7626112 1.1.1 DIRECT SALARY COSTS 1.1.2 MULTIPLIER EXHIBIT "8-1" [Sample for Professional Services] 05 -S W -TEM -1063 For the satisfactory performance and completion of the Services under this Agreement. Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed INSERT WRITTEN DOLLAR AMOUNT INSERT NUMERICAL DOLLAR AMOUNT without written approval of Agency's City Manager [or applicable position] ("Total Compensation Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs Exhibit B -1 Page 15 of 22 1.2 FIXED FEE. 1.2.1 The fixed fee is The Decimal Ratio of Allowable Overhead Costs to the Contractor Firms Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT Cons. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE Per Diem /day Car mileage /mile Travel /trip Computer Charges /hour Photocopies /copy Blueline /sheet LD Telephone /call Fax /sheet Photographs /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. R V PUn\PCI-10a762615.2 J insert charges Exhibit B -1 Page 16 of 22 05-SW-TEM-1063 2. DIRECT SALARY RATES 05- SW -TEM -1063 Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF FIOURLY RATES sample Principal .00 .00 /hour Project Manager .00 .00 /hour Sr. Engineer /Planner .00 .00 /hour Project Engineer /Planner .00 .00 /hour Assoc. Engineer /Planter .00 .00 /hour Technician .00 S .00 /hour Drafter /CADD Operator .00 .00 /hour Word Processor .00 .00 /hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. RVPURWCU101\762615.2 Exhibit B -1 Page 17 of 22 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: 1 hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed Signed Title Date Invoice No. 05- SW -'1'EM -1063 3.4 A charge of' $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. RVPUf\PCHOI \7626112 Exhibit B -1 Page 18 of 22 Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title Invoice Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month /Dav /Year) The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month /Date /Year to Month /Date /Year Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: 'Balance Remaining: Amount due this Invoice: 1 certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: cc: Name Title RVPUB \PCHON6261i 2 EXHIBIT "13 -2" Sample Cover Letter to W 12COC Exhibit B -2 Page 19 of 22 05-SW-TEM-1063 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 Month/Date /Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501 -3679 Attention: Deputy Executive Director Attn: Accounts Payable EXHIBIT "B -3" Sample Letter from Contractor to AGENCY Invoice For [type of services] rendered by ]contractor name] in connection with [name of project] This is per agreement No. XX- XX -XXX effective Month /Date /Year Invoice period covered is from Month /Date /Year to Month /Date /Year Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) 5000,000.00 TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining; $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title RVPUn\PCtt01176261 s.2 Exhibit 13-3 Page 20 of 22 05 -S W- rEM -1063 RVPUBTCHOI762615.2 EXHIBIT "B-4" SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B -4 Page 21 of 22 05 -S W -TIM -1063 Problems None C. Work Planned Next Period RVPUIMPC1OR7626t5.2 EXHIBIT "B -5" Sample Progress Report REPORTING PERIOD: Month/Date /Year to Month/Date /Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 100% PS &E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS &E B. Current /Potential Problems Encountered Corrective Action None TASK 01 100% PS &E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit 13-5 Page 22 of 22 Corrective Action 05- SW -TEM -1063 PROJECT DESCRIPTION Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PRIORITY: 1 Project Type: Circulation Description: The City will construct a new bridge crossing Murrieta Creek at the Western Bypass Temecula Parkway. Department: Public Works Account No. 210.165.660 Scope of Project: Project includes finalizing and updating the existing bridge design, constructing the bridge, the approaches roadways, curb and gutters sidewalk, storm drain facilities, environmental studies and mitigation. Completed project will tie southern leg of Western Bypass. Benefit: Future 0 M Cost: 6,000 Annually Project will improve traffic safety and circulation. New bridge will meet Army Corps of Engineers (ALOE) Murrieta Creek Improvement Project needs. Project Cost: Actuals Total Project to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Cost Administration 57,312 134,923 135,000 327,235 Acquisition 76,000 76,000 Construction 10,384,985 10,384,985 Construction Engineering 311,550 311,550 Design 232,785 409,382 642,167 Environmental 20,000 129,600 149,600 MSHCP 519,249 519,249 Totals 290,097 640,305 11,480,384 12,410,786 Source of Funds: Capital Projects Reserves 290,097 210,923 135,000 636,020 Reimbursements /Other (Developer) 3,983,705 3,983,705 TUMF (WRCOG) 429,382 7,361,679 7,791,061 Total Funding: 290,097 640,305 11,480,384 12,410,786 83 ITEM NO. 8 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: October 13, 2009 SUBJECT: Request to Increase the Contingency Amount for Pechanga Parkway Phase 11 Street Improvements, Project Number PW99 -11 PREPARED BY: Amer Attar, Principal Engineer, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: 1. Approve a $350,000 increase in the contingency for the contract with All American Asphalt; 2. Authorize the City Manager to approve change orders not to exceed the requested increased contingency amount of $350,000; 3. Appropriate $350,000 from the Wolf Creek CFD fund balance to the Pechanga Parkway project. BACKGROUND: On April 22, 2008, the City Council awarded a construction contract to All American Asphalt in the amount of $8,131,964.98 and authorized a contingency amount equal to 10% of the contract or $813,196.50 for the construction of Pechanga Parkway Phase 11 Street Improvements, Project No. PW99 -11 (the Project). The Project, which includes the widening and reconstruction of Pechanga Parkway from Temecula Parkway to Pechanga Road is substantially complete. All lanes are now open to traffic. During the course of construction, the contractor encountered many unforeseen conditions that have depleted the original 10% contingency. Some of the unforeseen conditions include (a) unsuitable and unstable ground conditions along Pechanga Parkway, which caused additional excavations and the use of corrective measures such as reinforcing fabric, (b) the relocation of an existing recycled irrigation mainline and wires and all associated work to maintain acceptable separation between potable and recycled water mainlines as required by Rancho California Water District, (c) modified roadway structural sections, based on soil tests, which increased asphalt and aggregate base quantities, (d) modifications to the elevation of segments of the roadway due to differing existing conditions, and (c) utility conflicts which were not identified by utility purveyors. The overall financial impact of these unforeseen conditions will exceed the original 10% contingency for this contract; therefore, staff is requesting that the City Council approve an increase to the contingency by $350,000. It is anticipated that some of the costs that were paid out of the existing contingency will be recovered from various sources such as the contractor, subcontractor(s) and utility purveyors. The City has billed utility companies for some of these costs and is in negotiation with the contractor on other costs. The actual amount of this recovery is dependant on these negotiations FISCAL IMPACT: The Pechanga Parkway Phase II Street Improvements, Project No. PW99 -11, is a Capital Improvement project funded with Development Impact Fees Street Improvements, a Pechanga Indian Tribe Contribution, a Public Lands and Highways Federal Grant, Reimbursements from RCWD, the Wolf Creek Community Facilities District (CFD) No. 03 -03 and Assessment District 159. Adequate funds from the Wolf Creek CFD are available for this $350,000 request. The additional appropriation will bring the overall contingency amount to $1,163,196.50. ATTACHMENTS: 1. Location Map 2. Project Description PROJECT LOCATION Project Title: PECHANGA PARKWAY IMPROVEMENTS PHASE II 66 Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Environmental* MSHCP Totals PROJECT DESCRIPTION Source of Funds: AD 159 (Deer Hollow Way) AD 159 (Wolf Valley Channel) CFD (Wolf Creek) DIF (Street Improvements) PLH Program Reimbursements /Other (Bonds) Reimbursements /Other (Pechanga Indian Tribe Contr.) Reimbursements /Other (RCwD) Total Funding: 22,297,544 Future 0 M Cost: PECHANGA PARKWAY IMPROVEMENTS PHASE II PRIORITY: 1 Circulation Design and construct full -width street improvements of Pechanga Parkway from Temecula Parkway to Pechanga Road. Full width is 134 feet from Temecula Parkway to Via Gilberto, and 110 feet from Via Gilberto to Pechanga Road. Public Works Account No. 210.165.668 Project will include the design, acquisition, environmental studies, mitigation, and construction of road improvements to include curb, gutters, sound wall, and storm drain facilities from Deer Hollow Way to Temecula Creek. Project will improve traffic circulation. Actuals to Date 2009 -10 2010 -11 2011 -12 1,948,336 37,255 359,706 18,787,364 3,833,059 203,853 231,060 998,285 11,426 450,000 575,000 22,297,544 5,137,800 2,455,521 4,839,554 5,905,365 3,459,836 1,959,424 72,702 2,510,518 1,489,482 20,910 4,400,000 227,162 94,870 *Environmental Costs includes the creation of a mitigation site for Pechanga Parkway. 3,000 Annually 67 5,137,800 2012 -13 2013 -14 Total Project Cost 1,985,591 359,706 22,620,423 434,913 1,009,711 450,000 575,000 27,435,344 2,455,521 4,839,554 9,365,201 2,032,126 4,000,000 20,910 4,400,000 322,032 27,435,344 ITEM NO. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: October 13, 2009 Approvals City Attorney Director of Finance City Manager SUBJECT: Acceptance of Improvements and Notice of Completion for Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PW07 -10 PREPARED BY: Avlin R. Odviar, Senior Engineer— CIP Kendra Hannah Meistrell, Associate Engineer CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 PW07 -10, as complete; 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; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On April 14, 2009, the City Council awarded a construction contract to Christopher R. Morales, Inc. in the amount of $323,983.00 to complete the Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PW07 -10. The work for the Traffic Signal Installations consisted of the installation of traffic signals at the intersections of Butterfield Stage Road and Welton Way /Channel Street, and Meadows Parkway and McCabe Drive /Sunny Meadows Drive. More specifically, the project included the following: traffic control, removal of pavement delineation, installation of traffic striping, pavement markers and legends, removal and installation of roadside signs, installation of traffic signal loop detectors, installation of internally illuminated street name signs, installation of safety lighting, installation of emergency vehicle pre emption, and miscellaneous appurtenant work. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from September 16, 2009, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Traffic Signal Installations; Butterfield Stage Road at Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny Meadows Drive, Project No. PW07 -09 and PW07 -10 is funded by Development Impact Fees Traffic Signal. The base amount of the construction contract was $323,983.00. One (1) contract change order was issued in the amount of $23,283.82, increasing the total authorized construction contract amount to $347,266.82. Actual quantities for several items of work varied from estimated amounts, resulting in a saving of $1,055.75. The final construction contract amount, including all change orders and quantity adjustments is $346,211.07. ATTACHMENTS: Notice of Completion Maintenance Bond Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589 -9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Christopher R. Morales, Inc.. P.O. Box 610, San Dimas, CA 91773 to perform the following work of improvement: TRAFFIC SIGNAL INSTALLATIONS; BUTTERFIELD STAGE RD. AT WELTON WAY /CHANNEL ST. MEADOWS PARKWAY AT MCCABE DR. /SUNNY MEADOWS DR. Project No. PW07 -09 PW07 -10 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 13, 2009. That upon said contract the Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Butterfield Stacie Rd. at Welton Wav /Channel St. Meadows Parkway at McCabe Dr./Sunny Meadows Dr. 6. The location of said property is: Butterfield Stage Rd. at Welton ay /Channel St. Meadows Parkway at McCabe Dr. /Sunny Meadows Dr. Dated at Temecula, California, this 13 day of October, 2009. City of Temecula Susan W. Jones MMC, City Clerk C:\Program Files\Neevia.Com\Document Converter\temp1946669.doc STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss 1, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 13 day of October, 2009. City of Temecula Susan W. Jones MMC, City Clerk C:\Program Files\Neevia.Com\Document Converter\temp1946669.doc BOND NUMBER 763257P PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07 -09 PW07 -70 TRAFFIC SIGNAL INSTALLATIONS BUTTERFIELD STAGE RD. AT WELTON WAY /CHANNEL ST. MEADOWS PARKWAY AT MCCABE DR. /SUNNYMEADOWS DR, KNOW ALL PERSONS BY THESE PRESENT THAT: CHRISTOPHER R. MORALES, INC. 155 N. EUCLA SAN DIMAS CA 91773 NAME AND ADDRESS CONTRACTOR'S a CORPORATION (fill in whether a Corporation, Partnership or individual) hereinafter called Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY, 2122 E. HIGHLAND AVE STE 350, PHOENIX AZ 86016 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of THIRTY FOUR THOUSAND SIX HUNDRED TWENTY ONE DOLLARS and 00 CENTS 34,621.00 in lawful money of the United States, said sum being not Tess than ten (10 of the Contract value payable by the said City of Temecula under the terrns of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 14th day of APRIL 2009, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. P'WO7- 09 PW07 -10, TRAFFIC SIGNAL INSTALLATIONS; BUTTERFIELD STAGE RD. AT WELTON WAY /CHANNEL ST. MEADOWS PARKWAY AT MCCABE DR. /SUNNY MEADOWS DR.. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on saki job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on Sept. 16, 2009. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terrns of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB ..1 R 1C4l tkil rl ,vwr:rvvlr; 0p T C ^mm'w9nw*.WM717.0) 6 10 WI As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration. or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 28th day of SEPTEMBER 2009 (Seal) SUR Ty DEVELOPERS SURETY AND INDEMNITY PRINCJPAL CHRISTOPHER R. MORALES, INC. By: JERE (Nam (Title) C IMPANY APPROVED AS TO FORM: Peter M. Thorson, City Attorney C- AST ATTORNEY -IN -FACT MAINTBNANC,E BOND MB -2 By: 014115 M o rhl�s (Name) Pre-S (Title) By: By: (Name) (Title) rtICIPPRW ECTS 6 7.09 TrnIU Alenf INA!r".M 1.Twd p-ex4rM'0781 A 10 NI r) .4' State of California County of RIVERSIDE On _I —4 personally appeared who proved to me on the basis of satisfactory evidence to be the person(arwhose name(1ris /afe'subscribed to the within instrument and acknowledged to me that he /Spey executed the same in his/berLtheir authorized capacity(44,c), and that by his /herftheir signature,(s )on the instrument the person(aror the entity upon behalf of which the persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. of Notary ry Publi CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT before me, JEREMY PENDERGAST DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofaltached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) Corporate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2008 Version CAPA v 12 10.07 800 873 9865 ws w NotaryClasses com R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) cc cc (Notary Seal) t R. NAPPI COMM. #1796916 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. Lt such instances. am' alternative acknowledgment verbiage as may be printed an such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (,.e. certi6ing the authorized capacity of the signer). Please check the document carefully for proper notarial hording and attach this Porn if required State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment Date of notarization must be thc date that the signer(s) personally appeared which must also be the same dole the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by o comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she /they` is /ere or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. indicate thc capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.c CEO, CFO, Secretary) Securely attach this document to the signed document CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT .�t.!�Sh��a '�rTCe'�C'�!�.'.• \C!:w!1C.. -tit �C�avl�S! ��Cl' �C! ajA..• j <.y�.�, �.`:'!�v�'�:!���c�:�.�> sj:!:$� �v!'`. rU.: �N: v!. :!%3�5;'\C.rvb�s�G.= '�v!'�a..:� State of California County of LOS ANGELES On Date before me, personally appeared CHRISTOPHER R. MORALES RAMON C. ARTEAGA Commission 1655887 Notary Public California los Angeles County My Comm. Expires Apr 29, 2010 Place Notary Seal Above Capacity(ies) Claimed by Signer(s) Signer's Name: CHRISTOPHER R MORALES Individual Corporate Officer Title(s): PRESIDENT E Partner C Limited L General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: EHRISTOPHER R. MORALES TN z RIGHT THUMBPRINT OF SIGNER Top of thumb here RAMON C. ARTEAGA A NOTARY PUBLIC who proved to me on the basis of satisfactory evidence to be the person(0) whose name* is /W subscribed to the within instrument and acknowledged to me that he/01/111wry executed the same in his /fir authorized capacity(111i+j, and that by his/ signature( on the instrument the person or the entity upon behalf of which the person.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature OPTIONAL Here Insert Name and Title of the Officer Name(s) of Signer(s) d and official seal. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docgment Title or Type of Document: /(4 1 k kW e Document Date: S Q4' 29 Z 0 C] Signer's Name: u Individual Corporate Officer Title(s): Partner Limited LI General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer(s) Other Than Named Above: RIGHTTHUMBPRINT OF SIGNER Top of thumb here LYAW, .'ri !.'ri.\✓.C eov ✓:C✓. `i.' e/A17, 6 es ;Pt, ✓V,Le(A :`✓.�.�✓.tttt✓. ©2007 National Notary Association 9350 De Soto Ave., PO. Box 2402 •Chatsworth, CA 91313.2402• www.NationalNotaryorg Item 85907 Reorder:Call Toll -Free 1-800- 876 -6827 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: *Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally as their true and lawful Attomey(s) -In -Fact. to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds. undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and ati of the acts of said Attorneys) -in -Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of January 1st. 2008. RESOLVED. that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attomey(s) named In the Powers of Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when s o affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice Presiders By: Oe .st+0 Charles L. Day, Assistant Secretary State of Califomia County of Orange On August 13th 2008 personally appeared By: JENNY IT NGUYEN COMM. 1791840 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My oomm. expires Feb, 12, 2012 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the thfay of SEPTEMBER, 2009 Albert Hillebrand, Assistant ecretary ID- 1380(Wet)(Rev.07f07) Date Place Notary Seal Above before me. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE, CA 92623 (949) 263-3300 Signature Stephen T. Pate and Charles L. Day CERTIFICATE Jenny TT Nguyen, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisrher/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. e TT Ng CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW07:09 PW07 -10 TRAFFIC SIGNAL INSTALLATIONS BUTTERFIELD STAGE RD. AT WELTON WAY /CHANNEL ST. MEADOWS PARKWAY AT MCCABE DR./SUNNY MEADOWS DR. This is to certify that ('hv 1' Q v V4 (hereinafter the "CONTRACTOR declares to the City of Temecula, under oath, that he /shelit has'paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in „contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW00 -00, INSERT TITLE OF WORK HERE, situated in the City of Temecula, State of California, more particularly described as follows: {>r14�j1G Cri t►t% io PIVO -b) U� PW 7' tOh ,9,C 20120 g,„ X Jk 1 l INSERT ADDRESS OR DESCRIBE L CATION OF WORK C The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed ebove. CONTRACTOR 1 Dated: 4 9/2 21 0 o By: Signature RELEASE R -1 C.Vt vl`�7� 'v`�S i €44. Print Name *id Title R:1CIPIPROJECTSIPW07WW07-09 italic signal Butterfield Stage ahsvidlspecslPWO7 -9 10 8id Docs.doc ITEM NO. 10 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 13, 2009 SUBJECT: City Hall Parking Lot Improvements Approvals City Attorney Director of Finance City Manager PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve a contract with Imperial Paving Company, Inc for City Hall Parking Lot Improvements in the amount of $65,485.00 for Fiscal Year 2009 2010. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $9,823, which is equal to 15% of the contract amount. 3. Approve an appropriation in the amount of $75,308 to the Facilities Operating Budget from Facilities Fund Balance. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for City Hall Parking Lot Improvements on August 28, 2009. The TCSD received ten (10) proposals, which were evaluated to determine the qualification and competitiveness of each vendor to provide City Hall Parking Lot Improvements. Imperial Paving Company, Inc. provided the lowest qualified proposal to complete the required City Hall Parking Lot Improvements. Imperial Paving Company, Inc has provided similar services for the TCSD and has always performed satisfactorily. FISCAL IMPACT: An appropriation of $75,308 from available Facilities Fund Balance is required in order to fulfill this contract. ATTACHMENTS: 1) Contract R: \SIRE REPORTS ET AL \Maintenance \Agenda Report 2009 2010 \Imperial Paving City Hall Parking.doc AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN CITY OF TEMECULA AND IMPERIAL PAVING COMPANY, INC THIS AGREEMENT is made and effective as of October 13, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Imperial Paving Company, Inc, a Corporation, (hereinafter referred to as "Contractor In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 13, 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. 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 3. PAYMENT CITY HALL PARKING LOT IMPROVEMENTS 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. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty Five Thousand Four Hundred Eighty Five Dollars and No Cents (65,485.00). 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. The City Manager may approve additional work up to fifteen percent (15 of the amount of the Agreement. The City Council shall approve any additional work in excess of this amount. 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, 1 it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, 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. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute 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.Qov. 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, 2 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. CG 00 01 11 85 or 88. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. 3 than: b. Minimum Limits of Insurance. Contractor 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 projectilocation 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. 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. 4 f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. 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. 5 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. 21. INSPECTION The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 22. 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. 6 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: To Contractor: 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 26. PROHIBITED INTEREST City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -o r- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 Imperial Paving Company, Inc Attention: Fritz Coy 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 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. 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. 7 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. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR IMPERIAL PAVING COMPANY, INC (Two Signatures if required by corporate papers) IMPERIAL PAVING COMPANY, INC Fritz Coy 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 (562) 944 -0975 9 Jim Dunleavy, President Fritz Coy, V.P. Sales FSM Initials: Date: EXHIBIT "A" SCOPE OF WORK 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 Y2" 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 111111 10 BASE BID 1 REMOVE EXISTING ASPHALT DRIVE 5" IN DEPTH 7,500 SF AND HAUL AWAY, APPROXIMATELY 7500 SF, PAVE DRIVE WITH 5" ASPHALT, ADJUST THREE (3) SEWER CANS AND FOUR (4) WATER CANS IN MAIN DRIVE TO GRADE. 2 REMOVE THE DAMAGED ASPHALT IN THREE (3) 600 SF 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 27,000 SF AWAY, APPROXMATELY 27,000 SF, CLEAN, APPLY TACK COAT AND RESURFACE GRINDED AREAS WITH 1 1/2" ASPHALT. 4 REMOVE AND REPLACE DAMAGED CONCRETE 7 SF CURB AND GUTTERS, APPROXIMATELY 7 SF. 5 RESTRIPE AREAS AFFECTED BY PAVING. 1 LS 6 CLEAN AND APPLY ONE COAT OF SLURRY SEAL 80,000 SF OVER ENTIRE PARKING LOT AND ROADWAY, APPROXIMATELY 80,000 SF AND RESTRIPE ENTIRE LOT PER EXISTING LAYOUT. 7 SCRAPE AND PAINT EXISTING RED CURBS 1,000 LF APPROXIMATELY 1,000 LF 8 SAW CUT, REMOVE AND HAUL AWAY EXISTING 135 SF CONCRETE WITH TRUNCATED DOMES, THREE (3) DOOR ENTRANCE APPROXIMATELY 135 SF. FORM POUR AND FINISH 6" CONCRETE WITH ARMOR TILE TRUNCATED DOMES, THREE (3) AREAS APPROXIMATELY 135 SF. Total: EXHIBIT "B" PAYMENT RATES AND SCHEDULE Imperial- Proposal lcontdi Total Proposal Price: $65,485.00 Standard Conditions 1 SLURRY SEAL NOT GUARANTEED TO ADHERE TO OILY AREAS 2 EXCLUDES WEEDKILL, PRIMECOAT, CRACKFILL. 3 PRICE GOOD FOR 30 DAYS. 4 EXCLUDES BONDS, PERMITS, ENGINEERING, LICENSE OR TESTING. 5 NOT RESPONSIBLE FOR BREAKAGE OF WHEEL STOPS DURING REMOVAL OR REPLACEMENT. 6 ADDITIONAL CHARGES MAY APPLY IF WET, MOIST OR POOR SUBGRADE CONDITIONS ARE ENCOUNTERED. 7 IF IT IS NOT INCLUDED ABOVE, IT IS EXCLUDED. 8 IF ADDITIONAL WHEELSTOPS ARE REQUIRED ADD $35.00 FOR 4' WHEELSTOPS AND $45.00 FOR 6' WHEELSTOPS INSTALLED. 9 ADDITIONAL CHARGES MAY APPLY IF PETROMAT IS ENCOUNTERED IN EXISTING ASPHALT. (Continued on next page) Note: Weeds cracks are maintenance problem, therefore Imperial Paving Company cannot guarantee they will Not reappear. ACCEPTANCE (By Owner, Agent, or General Contractor) I /we accept the within proposal. You are authorized to perform the work comprehended hereunder and I/we agree to pay the said amount in accordance with the terms set forth. All of the terms on the reverse side are incorporated herein and made a part hereof. Imperial Paving Co., Inc CITY OF TEMECULA Date: FRITZ CO Accepted By: 1 1/2 SERVICE CHARGE PER MONTH APPLIED TO ALL PAST DUE BALANCES Page 2 of 3 11 $65,485.00 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 11 RECOMMENDATION: RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of SEPTEMBER 22, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:27 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 15 Action Minutes Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. 15.1 Approve the action minutes of September 8, 2009. 16 Financial Statements for the Fiscal Year Ended June 30, 2009 Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. 16.1 Receive and file the Financial Statements for the fiscal year ended June 30, 2009. 17 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Temecula Community Center Expansion Phase 2 Renovation of Historic Buildings, Project No. PW06 -05 Approved Staff Recommendation (5 -0 -0) Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. 17.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Temecula Community Center Expansion Phase 2 Renovation of Historical Buildings, Project No. PW06 -05. 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:28 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 13, 2009, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] 2 Chuck Washington, President ITEM NO. 12 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Greg Butler, Director of Public Works DATE: October 13, 2009 SUBJECT: Request the Appropriation of Funds for Storm Drain Installation and Repairs on Liefer Road From Service Level "R" Fund Balance PREPARED BY: Amer Attar, Principal Engineer CIP Avlin R. Odviar, Senior Engineer— CIP RECOMMENDATION: That the Board of Directors appropriate $10,000 to the TCSD Service Level "R" Street /Road Maintenance budget from Service Level "R" fund balance. BACKGROUND: Liefer Road is a residential street located in the Nicolas Valley Community. It is an unpaved, dirt road that is subject to intermittent washouts caused by rain storm runoff. Earlier this year, residents did not support formation of a Community Facilities District which would have funded permanent roadway and storm drain improvements. However, the Community did support the idea of resolving roadway erosion problems at spot locations. Just west of Deputy Road, a natural drainage path crosses the surface of Liefer Road. At times, the stability of Liefer Road is compromised by extended or repeated rain storm events. To minimize future roadway erosion, it is necessary to make improvements such that storm runoff does not flow atop the roadway surface. The Department of Public Works has designed a storm drain system to collect runoff upstream of Liefer Road, channel it into a pipe, and provide an outlet downstream of Liefer Road. The cost to construct and install the storm drain system is $29,730. FISCAL IMPACT: The Fiscal Year 2009/10 Adjusted Appropriation for the Service Level "R" Street /Road Maintenance budget is $27,100, which was an amount estimated to cover the subject maintenance project in addition to normal maintenance activities on Liefer Road. The actual cost of the maintenance project exceeds the adjusted appropriation for Service Level "R." An appropriation of $10,000 from available TCSD Service Level "R" fund balance is required to fund the necessary improvements while sustaining a balance for routine maintenance. Adequate funds are available in the Service Level "R" fund balance which is currently $16,753.00. ATTACHMENTS: Location Map THE CITY OF e TEMECULA "Old Traditions, New Opportunities" LIEFER RD STORM DRAIN INSTALLATION LOCATION MAP 0 210 420 630 ft. Map center: 6298533, 2144031 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend City Streets Aerial 2008 Transparent Scale: 1:2,196 REDEVELOPMENT AGENCY ITEM NO. 13 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting and the City Council convened in joint session at 7:28 P.M. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS Stephen Eldred, Temecula, addressed the Agency Members with regard to actions taken by the Redevelopment Agency. RDA CONSENT CALENDAR 19 Action Minutes Approved Staff Recommendation (5 -0 -0) Agency Member Washington made the motion; it was seconded by Agency Member Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of SEPTEMBER 22, 2009 19.1 Approve the action minutes of September 8, 2009. 20 Financial Statements for the Fiscal Year Ended June 30. 2009 Approved Staff Recommendation (5 -0 -0) Agency Member Washington made the motion; it was seconded by Agency Member Naggar; and electronic vote reflected unanimous approval. 20.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2009. 1 JOINT CITY COUNCIL /REDEVELOPMENT PUBLIC HEARING 21 Owner Participation Agreement between the Redevelopment Agency of the City of Temecula and Summerhouse Housing Associates L.P., an affiliate of Bridge Housing Corporation "Bridge for the development of 110 affordable housing units as part of the Summerhouse development located at 44155 Margarita Road, and approval of Parcel Map 36219, at the same location RECOMMENDATION: 21 .1 Adopt a resolution entitled: Approved Staff Recommendation (5 -0 -0) with direction to staff to create the Summerhouse Quality Assurance Committee and that the applicant partake in the Multi Family Crime Prevention Program Agency Member Washington made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected unanimous approval. RESOLUTION NO. RDA 09 -07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT' BETWEEN THE AGENCY AND SUMMERHOUSE HOUSING ASSOCIATES L.P. 21.2 Approve Parcel Map 36219, located at the northwest corner of Dartolo Road and Margarita Road. Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. As per written material of record, Director of Planning Richardson, by way of a PowerPoint presentation, presented a detailed overview of the item. Referencing the Police Department's review of this project, Police Chief O'Harra expressed support of the project Brad Wiblin, representing Bridge Housing Corporation, by way of a PowerPoint presentation, described the redefined project. At this time, the public hearing was opened. The following individuals spoke in opposition to the proposed project: Glenn Paulson Jane Lauhon Terry O'Brien Frederick Grindle Laura Crivello Bridget Blanton Patrice Lynes Cindy Bakay 2 Whitney Woods Ed Hubler Michaela Feinberg John Foster Kathy Vining Tom Vining Eleanor Coyne Bret Kelley Duke Seino Rob House Carol Monroe Brian Hadding San Cahill Barry Marr Mario Abob David Vanden Brink William Kelley Karl Visser The following individuals spoke in support of the proposed project: Gary Thomasian Caroline Collins Anne Unmacht Denny Mighell Giulio Simms Sandra Kyle Maron Collins Pat Camp Paul Kauffman Doris Godinez Charles Hankley Ginny Page Jann Jones Earl Oakden Carole Virdon David Jones Diane Oakden Scott Coyle James Nakakihara Greg Melvin Mark Webb Suzy Webb John Elzinga Charles Moorhead Kristian Blanchard Laurel Speer Andrea Ireland Laura Barlow Ginger Hitzke Beverly Peterka Phyllis Ruse Gayle Kreeger Stan Heaton Jeanne McClellan Jennifer Vindiola There being no additional speakers, the public hearing was closed. 22 Purchase and Sale Agreement and Escrow Instructions between the Temecula Redevelopment Agency of the City of Temecula and Temecula Water Park L.P. for the sale of Agency -owned property located at the northwest corner of Diaz Road and Dendy Parkway and approval of Parcel Map No. 36175 at the same location (APN 909 -370- 002). RECOMMENDATION: 22.1 That the City Council adopt a resolution entitled: Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RESOLUTION NO. 09 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA WATER PARK L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN 909 370 -002) 22.2 That the Temecula Redevelopment Agency adopt a resolution entitled: Approved Staff Recommendation (5 -0 -0) Agency Member Naggar made the motion; it was seconded by Agency Member Comerchero; and electronic vote reflected unanimous approval. RESOLUTION NO. RDA 09 -08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA WATER PARK L.P., FOR THE SALE OF APPROXIMATELY 19.7 ACRES LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY (APN 909 370 -002) 4 22.3 Approve Parcel Map 36175 in conformance with the Conditions of Approval; Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. 22.4 Approve the Subdivision Improvement Agreement with Clearwater Development, the developer of the proposed water park, and accept the Faithful Performance Bond, and Labor and Material Bond, as security for the agreement; Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. 22.5 Approve the Subdivision Monument Agreement with Clearwater Development and accept the Monument Bond as security for the agreement. Approved Staff Recommendation (5 -0 -0) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. Director of Planning Richardson provided an overview of the project (as per written material of record). At this time, the public hearing was opened. Joshua Hunter, representing the applicant, expressed gratitude for having the opportunity to locate this park in the City of Temecula, apprising the public of an upcoming Job Faire and noting that the groundbreaking will be the middle of October. There being no additional public input, the hearing was closed. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 2:34 A.M., on September 23, 2009, the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 13, 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. ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] 5 Ron Roberts, Chairperson ITEM NO. 14 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Aaron Adams, Assistant City Manager DATE: October 13, 2009 SUBJECT: Approve Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink PREPARED BY: Gloria Wolnick, Economic Development Specialist II RECOMMENDATION: That the Agency Members approve the professional service agreement with Studio 33 in the amount of $60,000 for the Old Town Holiday Outdoor Ice Skating Rink project. BACKGROUND: Beginning December 18, 2009, and extending through a New Years Eve Celebration, the City of Temecula Redevelopment Agency will host an outdoor holiday ice skating rink at the new Town Square. This will be the first public opening of the Town Square and the first and -only outdoor ice skating rink in Temecula. This holiday Winterfest Rink will include a canopy of colorful festive lights, music, and deejay with skating activities. The rink will run seven days a week for the duration of its stay in Old Town Temecula. The City conducted a competitive bid process in October2008 with five firms submitting proposals. The City selected Studio 33 based on their experience and price. The scope of work shall include turnkey operations, which will equipment installation /removal and operation of a 40' x 40' ice skating rink with options to increase up to 40' x 60' skating surface, as a holiday- season special event for the City of Temecula. This will be open to the general public for recreational ice skating from December 18, 2009 through December 31, 2009 with optional extension dates of operation from January 1 3, 2010. Proposed hours of operation: Monday Thursday: 3:00 pm 8:00 pm Friday: 3:00 pm 10:00 pm Saturday Sunday: 2:00 pm 10:00 pm Special session to be determined for New Year's Eve (estimated to begin at 5:00 pm to 12:30 am) (Please note that estimated times are subject to change.) The proposed New Year's Eve celebration will include an evening filled with fun activities for children and families from 5:00 pm 9:00 pm. There will be headline entertainment which will run from 9:00 pm midnight. The outdoor ice rink will be a dramatic enhancement to the holiday- season ambience in Old Town. This venue will draw many residents and visitors to the area which will help support the businesses in the adjacent commercial areas. FISCAL IMPACT: The $60,000 contract cost for the ice rink will be funded through the Redevelopment Agency FY 2009/10 Operating Budget in the Old Town Implementation Plan Line Item as well an additional $15,000 for supportive expenses as needed. ATTACHMENTS: Agreement Attachment A Attachment C Attachment B Conceptual Site Plan City /Studio 33 Agreement Studio 33 Support Information 1. TERM 2. SERVICES AGREEMENT FOR SPECIAL SERVICES BETWEEN CITY OF TEMECULA REDEVELOPMENT AGENCY AND STUDIO 33 PRODUCTIONS OUTDOOR ICE SKATING RINK AND RINK MANAGEMENT THIS AGREEMENT is made and effective as of October 13, 2009, between the Redevelopment Agency of the City of Temecula, a public body corporate and politic (hereinafter referred to as "City and Studio 33 Productions, a Sole Proprietor (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: A. This Agreement shall commence on October 13, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 8, 2010, unless sooner terminated pursuant to the provisions of this Agreement. B. The City may, upon mutual agreement, extend the contract for two (2) additional terms. In no event shall the contract be extended beyond January 8, 2012. A. Contractor shall provide for the turnkey equipment and delivery, installation and removal with turnkey management and operation of an ice skating rink, as a holiday- season special event for Old Town Temecula to be open to the general public for recreational ice skating and figure skating exhibitions and shall perform the services and tasks and provide the equipment described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full "Ice Rink B. Contractor shall complete the tasks and provide the equipment according to the schedule of performance which is also set forth in Exhibit A. 3. CONTRACTOR PERFORMANCE; CITY SUPPLIED EQUIPMENT AND SERVICES A. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks and provide the equipment described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services and equipment as are required of Contractor hereunder in meeting its obligations under this Agreement. B. City shall supply or provide the following for the Ice Rink: 11086- 0001 \1177833v2 i. Reasonable lodging in the form of two (2) hotel rooms, for eighteen (18) Days /nights located within reasonable walking distance of the 11086- 0001 \1177833v2 Ice Rink venue, including no less than two double beds, air conditioning, heat, telephone, and bathroom including toilet and bathtub with shower fixture, beginning on December 13, 2009 through January 8, 2010. ii. Two (2) continuous sources of water (hose bib) adjacent to the ice rink area; iii. An area for placement of refrigeration system, generator, skate trailer, and Motorhome as close to ice rink as possible. iv. Picket fence or other barricade to define skate change area and control entry to rink area. (optional) v. Telephone line at rink site for purposes of public safety reporting and communication, including 911 to Temecula Police Dept. as necessary. vi. Identified parking in close proximity to the rink for Contractor's and supplier's personnel. vii. Adequate lighting for skating during all sessions. viii. All holiday decorations, in the discretion of City. ix. Grounds keeping in the ice rink area (includes landscape maintenance, trash receptacles and removal of trash. x. All marketing and public relations in support of the event; all graphics and signing, in the discretion of the City. xi. Coordination and payment of all permits and licenses required for installation and operation of the equipment and event, if required. Contractor acknowledges and agrees that this agreement does not guarantee the issuance of permits or conditions to permits acceptable to the Contractor and that City of Temecula will exercise its lawful authority and issue, conditionally issue or deny the required permits in accordance with law. xii. Restroom facilities for public and staff use. xiii. City shall provide qualified and proper security at all times (24/7) from December 13, 2009 to January 8, 2010, or the removal of all equipment, at a level sufficient so as to ensure safety and protection of all personnel and property of Contractor including lighting, sound reinforcement, staging, video, and special effects equipment provided by Contractor. Liability for any damage or loss of property related to lack of reasonable security falls on the City -2- 4. PAYMENT A. The City agrees to pay Contractor 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 thousand dollars ($60,000.00) annually unless additional payment is approved as provided in this Agreement. B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor may charge a fee for persons to use the ice rink, rent skates and other equipment to patrons, and may sell concessions as described in Exhibit A. The fees to be charged for admission to the ice rink and the rental of skates an other equipment shall be approved in writing by the City Manager prior to the opening of the ice rink. All revenues from these activities, excepted for City Concession described in Exhibit A, shall be retained by the Contractor or, as determined by Contractor, its subcontractors. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. In the event the City elects to terminate this Agreement or breaches this Agreement by City, for any reason other than Contractor's breach of the Agreement, on or before December 3, 2009, City shall pay to Contractor the sum of thirty thousand dollars ($30,000.00) to become in full satisfaction of City's obligations due and payable to Contractor on the day notification is tendered. B. In the event the City elects to terminate this Agreement or breaches this Agreement by City, for any reason other than Contractor's breach of the Agreement, between December 4, 2009 and on or before December 10, 2009, City shall pay to Contractor the sum of sixty thousand dollars ($60,000.00) to become in full satisfaction of City's obligations due and payable to Contractor on the day notification is tendered. 11086- 0001 \1177833v2 and shall be calculated at current replacement value. City shall provide security on site during times when Contractor's staff is not present (before and after hours of rink operation). City shall have security on patrol during hours of rink operation. -3- 6. DEFAULT OF CONTRACTOR A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. If such failure by the Contractor in the performance of work hereunder arises out of inclement weather, acts of God, or where safety or security concerns are determined to exist by Contractor and /or Contractor's staff, or causes beyond the Contractor's control, and without fault or negligence of the Contractor, other than financial inability to perform, 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. 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. C. The City may at any time suspend this Agreement, or any portion hereof, for Contractor's breach of the Agreement, if it determines that the breach constitutes a threat to the public health or safety. In such event, the City shall serve upon the Contractor written notice of this default and the immediate suspension of the contract. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. 7. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and /or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers (Indemnified Parties) from and against any and all claims, demands, losses, defense costs or 11086- 0001 \1177833v2 -4- expenses, including attorney fees and expert witness fees, or liability of any kind or nature which Indemnified Parties 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 Indemnified Parties. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: 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; 11086- 0001 \1177833v2 -5- 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 Indemnified Parties (as defined in Section 8) shall 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 Indemnified Parties. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any insurance or self- insured maintained by the Indemnified Parties 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 Indemnified Parties. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11086- 0001 \1177833v2 -6- 10. 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. 11. 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. 12. RELEASE OF INFORMATION A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, 11086- 0001 \1177833v2 7- to represent Contractor and /or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (11) 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 Redevelopment Agency of the City of Temecula: Attn: Executive Director P.O. Box 9033 Temecula, California 92589 -9033 14. 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. The Contractor may retain sub contractors to assist it in performing work under this Agreement. 11086- 0001 \1177833v2 -or- Redevelopment Agency of the City of Temecula Attn: Executive Director 43200 Business Park Drive Temecula, California 92590 To Contractor: Studio 33 Productions Attention: Brian Jackson, Owner 264 Pennsylvania Ave. Colton, CA 92324 -8- 15. 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. 16. 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. 17. 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. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of 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. 11086- 0001 \1177833v2 -9- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Redevelopment Agency of the City of Studio 33 Productions Temecula By: By: Ron Roberts, RDA Chairperson Brian Jackson, Owner ATTEST: By: Susan W. Jones, MMC City Clerk /Agency Secretary APPROVED AS TO FORM: By: Peter M. Thorson CONTRACTOR Agency Counsel 11086- 0001 \1177833v2 Studio 33 Productions Brian Jackson 264 Pennsylvania Ave. Colton, CA 92324 Phone Number: 909.783.1628 Fax Number: 909.783.6075 ci ndy_studio33 @yahoo.com -10- FSM Initials: Date: 11086- 000111177833v2 11086- 0001 \1177833v2 EXHIBIT A Tasks to be Performed 1. General Requirements: To provide for the turnkey equipment delivery/installation /removal with turnkey management and operation of an ice skating rink, as a holiday- season special event for the City of Temecula. To be open to the general public for recreational ice skating and figure skating exhibitions from December 18, 2009 through December 31, 2009. Optional extension dates of operation. January 1,2, and 3, 2010. 2. Equipment: All lighting, sound reinforcement, staging, video or special effects equipment to be provided by Contractor is set forth this exhibit. 3. Personnel: The installation and removal phase of your rink will be led by Mr. Brian Jackson, who is considered to be one of the leading experts in show and effects technology in the industry, with over 33 years experience of proven abilities and expertise. Mr. George Ramiro will assist him. Both of these gentlemen are involved in our California installations, which are some of the most challenging installations, and in areas with great concerns for noise and minimizing impact to the location or to the environment. You will have the benefit of this experience and their crews' experience. 4. The Project Manager, who will coordinate all of the logistics, the management, and day -by -day operation will be Mr. George Ramiro, has extensive experience in ice and event production and show management. Recently George led a team with new and innovative equipment used on a dance competition. Much of the equipment is easily cross matched to your Ice event. 5. Subcontractors: Bietek Productions. Supplier of Freezer plates, manifold, and refrigeration Compressor.TBD. Electrical generators 6. Schedule: A. Installation window: December 13, through December 17, 2009 B. Open to the Public: December 18, 2008 thru December 31, 2009 C. Optional additional dates of operation at Contractor discretion: January 1, thru 3, 2010 D. Removal Window: January 1 thru 8, 2010 -12- 7. Hours of operation: (Subject to Change upon mutual consent of City and Contractor): A. Monday through Thursday 3 pm to 8 pm B. Friday 3 pm to 10 pm C. Saturday and Sunday 2 pm to 10 pm D. Special session to be determined for New Years Eve 8. Contractor shall provide the following: A. Design, and build Sub structure for Ice rink B. Air Cooled Refrigeration Systems /Pumps /Hoses /Expansion Tank C. Generator to Power Above Refrigeration D. Contractorwill provide fuel for generator during rink operations E. Insulation and vapor barriers leveling of site F. Modular Railing Systems (Clear Plexiglas facing towards rink; room to display; Vinyl banners, Sponsor graphics inside the rink area, banner outside the Rink perimeter) G. Ice Rink Maintenance Equipment- Mini- Zamboni Electric Re- surfacer used daily or as needed. H. Rink Freezer Plate System (no less than 40'x40'; capacity 60- skaters) 11086- 0001 \1177833v2 Rental Ice Skates (200 -pair approximate with various sizes), Sharpened, Ready -to- Skate, Sharpening services on site as needed during run of event. J Skate Change Area with Benches and Rubber Floor Covering (24'x12' approximate) K. Skate trailer or modular unit for ticket sales, storing and distribution of skates and office. L. Cash register equipment M All tools, equipment and supplies for set -up, strike and maintenance, All Professional Supervision and General Labor for Set -Up and Strike N. Refrigeration Technician On -Call 24 Hours During Entire Term -13- O. General Set -up and Finish -out Metal -Frame Covering over Rink Wall Header Clear Plexiglas sides with smooth inside finish of Rink Perimeter. Optional Green Turf Carpet to Finish Rink Perimeter /Edge (Black skirting covers substructure) Looks equally finished and nice without. P. Sound /public address for announcements and playback of holiday music Q. Rink Manager during entire term. Trained and experienced in liability protection R. All equipment and amenities installed and ready for test of equipment and facilities, twenty four (24) hours in advance of opening, December 18, 2009 S Operation of public skate sessions. Hours of operation to be at Contractor's discretion. T Text for Liability Related Signage and Written Waiver Release Forms; Liability Limitation Instructions. U. General Training for Rink /Event Manager Regarding Rink Operation V. Professional Support Services /Consultation for Event Planning and Execution 9. Contractor shall provide professional, on -site management (experienced in customer service, liability prevention, and public safety); staffing to include cashier(s), ticket sales, skate rental attendant(s), safety monitor(s), and maintenance personal to be on -site during entire term of the event, including but not limited to: A. Employee uniforms. B. Public safety announcements and basic holiday music. C. Cash register equipment D. Coordination of group sales and special events. E. Sound Public address for announcements and playback of holiday music. 10. Concessions: Contractor will be the exclusive vendor for only bottled water and prepackaged snacks (i.e. chips, candy bars, granola bars, snack bars, cookies, etc.), made available to customers. City may have vendors offering other drink and food items (i.e. coffee, hot chocolate, hot cider, kettle corn, holiday goodies, etc.). 11086- 0001 \1177833v2 -14- Payment Rates Payment Schedule 11086- 0001 \1177833v2 EXHIBIT B PAYMENT RATES AND SCHEDULE For Part A: Equipment Rental Installation /Removal 88,260.00 Each Season For Part B: Turnkey Management Day -to -Day Operations $32,780.00 Each Season Total Before Discount $121,040.00 Each Season Grand Total with Discount $60,000.00 2009 Season only Gate proceeds going to Contractor and its vendors A $30,000 deposit (50% of total fee) due one business day following execution of the Agreement by both parties. A $30,000 progress payment (50% of the total fee) due upon the complete installation of the rink equipment. -15- 6eaanrai RCEDES Ice Rink 40' x 60' max 3F:.•'.:r'i;.- may C: Skate Rental Booth Ticket Booth V 'u tLighte ��_'Happy Holidays';y Motif Street Closed Open for pedestrians z 0) SUMITTED TO: City of Temecula, Ca Date: September 15, 2009 Attn: Economic Development 43200 Business Park Drive Temecula CA 92590 PROPONENT: Studio 33 Productions Attn: Brian Jackson 264 Pennsylvania Ave Colton CA 92324 Phone: (909) 783 -1628 Fax: (909) 783 -6705 CONTACT PERSON: Studio 33 Productions Attn: Brian Jackson 264 Pennsylvania Ave Colton CA 92324 Phone: (909) 783 -1628 Fax: (909) 783 -6705 SUBJECT: Old Town Temecula on Ice (Skating Rink) 09 -387 B We are pleased to offer our equipment and professional services to execute a completely turnkey installation, management, and operation of a holiday- season Ice skating rink for the City of Temecula. We understand that the rink will be sized 40'x40', and be open to the public December 18, 2009 through December 31, 2009 with optional days of January 1, 2, and 3 2010. It is our understanding that this Contract with the City shall be for a total of 1 -year, with the City and Studio 33's option to extend for 2- additional operating seasons in 2010 and 2011 at normal operating cost (see estimate 08 -239). AUTHORIZATION; STATEMENT This proposal shall be valid for thirty (30) days; however, lead -time for the acquisition of equipment and to organize the logistics requires an immediate decision, at the earliest date possible. An official authorized needs to signs this to bind our firm. Notice An outdoor ice rink would certainly be a dramatic enhancement to the holiday season ambience in your city. It will be a traffic builder in support of the businesses in adjacent commercial areas. Most of our clients consider an ice rink to be a wonderful gift to the community. It will have a distinct "WOW factor for local residents, merchants and visitors. PERSONNEL The installation and removal phase of your rink will be led by Mr. Brian Jackson, who is considered to be one of the leading expects in show and effects technology in the industry, with over 33 years experience of proven abilities and expertise. Mr. George Ramiro will assist him. Both of these gentlemen are involved in our California installations, which are some of the most challenging installations, and in areas with great concerns for noise and minimizing impact to the location or to the environment. You will have the benefit of this experience and their crews' experience. The Project Manager, who will coordinate all of the logistics, the management, and day -by -day operation will be Mr. George Ramiro, has extensive experience in ice and event production and show management. Recently George led a team with new and innovative equipment used on a dance competition. Much of the equipment is easily cross matched to your Ice event. Subcontractors Bietek Productions. Supplier of Freezer plates, manifold, and refrigeration Compressor. TBD. Electrical generators Required Timing: Installation window: December 13, through December 17, 2009 Open to the Public: December 18, 2008 thru December 31, 2009 Optional additional dates of operation at Studio 33 discretion: January 1, thru 3, 2010 Removal Window: January 1 thru 8, 2010 Hours of operation shall be established between 8:00am and 12:OOmidnight but no longer than 1:OOam. SCOPE OF WORK General Requirements: To provide for the turnkey equipment installation /removal with turnkey management and operation of an ice skating rink, as a holiday- season special event for the City of Temecula, Ca. To be open to the general public for recreational ice skating and figure skating exhibitions from December 18, 2009 through December 31, 2009. Optional extension dates of operation. January 1,2, and 3, 2010. Rink Contractor Shall Provide The Following: Part A. Equipment Rental; Installation /Removal 1.Design, and build Sub structure for Ice rink 2. Air Cooled Refrigeration Systems /Pumps /Hoses /Expansion Tank 3. Generator to Power Above Refrigeration (excludes fuel) 4. Insulation and vapor barriers leveling of site 5. Modular Railing Systems (Clear Plexiglas facing towards rink; room to display Vinyl banners, Sponsor graphics inside the rink area, banner outside the Rink perimeter) 6. Ice Rink Maintenance Equipment- Mini- Zamboni Electric Re- surfacer used daily or as needed. 7. Rink Freezer Plate System (40'x40'; capacity 60- skaters) 8.Rental Ice Skates (200 -pair approximate), Sharpened, Ready -to- Skate, Sharpening services on site as needed during run of event 9.Skate Change Area with Benches and Rubber Floor Covering (24'x12' approximate) 10. Skate trailer or modular unit for ticket sales, storing and distribution of skates and office. 11. Cash register equipment 12. All tools, equipment and supplies for set -up, strike and maintenance, All Professional Supervision and General Labor for Set -Up and Strike 13. Refrigeration Technician On -Call 24 Hours During Entire Term 14.General Set -up and Finish -out Metal -Frame Covering Over Rink Wall Header Clear Plexiglas sides with smooth inside finish of Rink Perimeter. Optional Green Turf Carpet to Finish Rink Perimeter /Edge (Black skirting covers substructure) Looks equally finished and nice without. 15. Rink Manager during entire term. Trained and experienced in liability protection 16.All equipment and amenities installed and ready for test of equipment and facilities, twenty four (24) hours in advance of opening, December 18, 2009 17. Operation of public skate sessions. Hours of operation to be at Studio 33 discretion. 18.Text for Liability- Related Signage and Written Waiver Release Forms; Liability- Limitation Instructions. 19.General Training for Rink/Event Manager Regarding Rink Operation 20.Professional Support Services /Consultation for Event Planning and Execution Part B. Turnkey Management and Day -TO -Day Operations Our firm will provide professional, on -site management (experienced in customer service, liability- prevention, and public safety); staffmg to include cashier(s), skate rental attendant(s), safety monitor(s), and maintenance personal to be on -site during entire term of the event. Inclusion: Employee uniforms. -Public safety announcements and basic holiday music. -Cash register equipment Coordination of group sales and special events. -All revenues associated with the ice rink venue will be distributed to Studio 33 productions and its vendors. -Sound Public address for announcements and playback of holiday music. FEE For Part A. Equipment Rental Installation/Removal 88,260.00, Each Season For Part B. Turnkey Management and Day -to -Day Operations 32,780.00 Each Season Discounted to $60,000.00 for 2009 season only. Gate proceeds going to Studio 33 and it's vendors. PAYMENT TERMS REQUESTED We hereby request a deposit to be due upon execution of the Contract in an amount Equal to 50% of our fee; further, we hereby request a progress payment in the amount of 50% of our fee upon the complete installation of the rink equipment. ITEMS TO BE PROVIDED BY THE CITY Two (2) Continuous water source (hose bib) adjacent to the ice rink area. Placement of refrigeration system, Generator, Skate trailer and Motorhome as close to rink as possible. Picket fence or other barricade to define skate change area and control entry to rink area. Customer to provide telephone line at rink site for purposes of public safety reporting and communication. Customer will provide direct access to Temecula Police Dept. as necessary. Identified parking in close proximity to the rink for Supplier's personnel. Customer Agrees to provide 24 hour Security for Studio 33's systems and equipment. Customer agrees to pay for any damages or loss due to insufficient security, theft or customer's improper use of equipment. Customer will provide security on site during times when Studio 33 staff is not present (before and after hours of rink operation). Customer will have security on patrol during hours of rink operation. Adequate lighting for skating during all sessions. -All holiday decorations. Grounds keeping in the rink area (includes landscape maintenance, trash receptacles and removal of trash. -All marketing and P.R. in support of the event; all graphics and signing. Coordination and payment of all permits and licenses required for installation and operation of the equipment and event, if required. Restroom facilities for public and staff use. Please sign and date below accepting terms and dates: Sign date All contract terms pending letter(s) of intent from Studio 33 vendors CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT VOLUNTARY RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT I hereby certify that I am aware that in participating in the Old Town Temecula on Ice 2009 2010 event. I may be exposed to risks of damage to my personal property and personal injury to myself including, but not limited to the following: illnesses, contusions, lacerations, sprains, broken bones, head injuries, spinal injuries, respiratory problems, heart attacks, strokes or death. I hereby agree to accept and assume all responsibility for any and all risks of damage. Injury, or death involved in the Activity, whether the risks are known or unknown to me. In consideration for the City of Temecula allowing me to participate in the Activity, I hereby agree that I and my heirs and assigns will release the City of Temecula and its vendors (Studio 33), the Activity's promoters and sponsors, any other municipalities or public agencies involved in the Activity and the officials, agents and employees of each organization, from and against any and all liability arising out of the negligent or wrongful acts or omissions associated with my participation in the Activity. Additionally, I agree to indemnify and hold harmless the City of Temecula and its vendors (Studio 33), the Activity promoter and sponsors and any other municipalities or public agencies involved in the Activity and the officials, agents and employees of each organization for any claims, lawsuit or demands which may be brought by any person against the City of Temecula, agents and employees of each organization based on my participation in the Activity. I agree to accept and abide by the rules and regulations of the Studio 33 and City of Temecula. I further understand the City of Temecula and its vendor (Studio 33), does not provide medical coverage and I must carry my own medical insurance. I give my permission to the City of Temecula or Studio 33 to photograph me or otherwise use my likeness for use in the City of Temecula Publicity material or publications, and will not seek compensation of any type or amount for such use. I have carefully read this agreement and understand its contents. I understand that I am giving up valuable legal rights by signing this agreement and that this agreement represents a contract between the City of Temecula and myself. I have agreed to sign this agreement on my own free will. PRINT NAME SIGNATURE ADDRESS PHONE DATE Estimate Num... 9/15/2009 09 -387 B Studio 33 Productions 264 Pennsylvania Ave. Colton, Ca. 92324 909 783 -1628 fax909 783 -6705 NAME /ADDRESS City of Temecula PO Box 9033 Temecula, CA 92589 -9033 Gloria Wolnick951- 694- 6418/f #694 -6499 gloria.wolnick@cityoftemecula.org DESCRIPTION Outdoor Ice Skating Rink and Rink Management. Installation: December 13, through December 17, 2009 Operations: December 18, 2009 through December 31, 2009 and optional extension dates up to January 3, 2010. Monday Thursday. 3:00pm 8:00pm Friday: 3:OOpm 10:00pm Saturday Sunday: 2:00pm to 10:OOpm Special Session to be determined for New Years eve. Removal: January 1, 2010 through 8, 2010. Ice needs to be maintained the entire 24 7 period once ice begins being made, until complete removal of rink. Rink will operate in light to moderate rain. All costs (QTY) are based on week rate: actual time is 2.0 weeks (17 days). City ofTEMECULA IS FROM THEREFORE CONSIDERED AND SHALL BE REFEREED TO AS "CUSTOMER" NOTE: ALL PRICES AND DISCOUNTS ARE BASED ON COMPLETE PACKAGE AND INCLUDE: DELIVERY, SET -UP, OPERATOR(s) AND STRIKE. QTY Please Sign and Return confirming acceptance of equipment, event date, and cost (valid for 30 days) P.O. NO. TERMS 50% Deposit Requi... COST 0.00 0.00 Sales Rep BJ EVENT DATE 12/18/2009 TOTAL 0.00 SUBTOTAL SALES TAX (7.75 TOTAL Page 1 SIGNATURE Estimate DATE Estimate Num... 9/15/2009 09 -387 B Studio 33 Productions 264 Pennsylvania Ave. Colton, Ca. 92324 909 783 -1628 fax909 783 -6705 NAME /ADDRESS City of Temecula PO Box 9033 Temecula, CA 92589 -9033 Gloria Wolnick951- 694- 6418/f #694 -6499 gloria.wolnick@cityoftemecula.org DESCRIPTION Temporary Ice Skating Rink Package: 40'x 40' Skating surface. Leveled substructure for ice rink 48' x 48' approximately Air/ liquid- cooled refrigeration system Power Generator 300KW, (Does not come fueled) Insulation and barriers Clear Plexiglas Railing system Ice Maintenance equipment (mini Zamboni) Rental skate package (approximately 200 skates various sizes) Skate change waiting area (16' x 12' approximately) All set up and strike of equipment (ice left to melt in broken up small pieces, naturally) 24 -hour on -call systems technician QTY 1 Please Sign and Return confirming acceptance of equipment, event date, and cost (valid for 30 days) P.O. NO. TERMS 50% Deposit Requi... COST 96,000.00 Sales Rep BJ EVENT DATE 12/18/2009 TOTAL 96,000.00 SUBTOTAL SALES TAX (7.75 TOTAL Page 2 SIGNATURE Estimate DATE Estimate Num... 9/15/2009 09 -387 B Studio 33 Productions 264 Pennsylvania Ave. Colton, Ca. 92324 909 783 -1628 fax909 783 -6705 Page 3 SIGNATURE Estimate NAME /ADDRESS City of Temecula PO Box 9033 Temecula, CA 92589 -9033 Gloria Wolnick951- 694- 6418/f #694 -6499 gloria.wolnick@cityoftemecula.org DESCRIPTION Ice Rink Management and Operations Package: Time of operation: Monday Thursday: 3:00pm 8:00pm Friday: 3:OOpm 10:00pm Saturday Sunday:2:00p to 10:OOpm. *Optional New Years Eve extended hours available at Studio 33 discretion 5:00pm until Midnight Professional management staff (ticket sales, and skate rental) All proceeds going to Studio 33 Productions and its vendors Professional rink (Skate Guard) staff Sound/Public address for announcements and playback of holiday music. Structure for and Management, of ticket wrist bands sales, skate rental and sharpening, accounting of monies collected (Skate trailer or Roll off) *Optional Green Astro turf skirting around rink perimeter. Studio 33 Productions will provide fuel for generator during rink operations. Studio 33 Productions will be the exclusive vendor for only bottled water and prepackaged snacks (i.e. chips, candy bars, granola bars, snack bars, cookies, etc.), made available to customers. Customer may have vendors offering other drink and food items (i.e. coffee, hot chocolate, hot cider, kettle corn, holiday goodies, etc.). Introductory year discount QTY 1 1 Please Sign and Return confirming acceptance of equipment, event date, and cost (valid for 30 days) P.O. NO. TERMS 50% Deposit Requi... COST 24,960.00 60,960.00 Sales Rep BJ EVENT DATE 12/18/2009 TOTAL 24,960.00 60,960.00 SUBTOTAL SALES TAX (7.75 TOTAL DATE Estimate Num... 9/15/2009 09 -387 B Studio 33 Productions 264 Pennsylvania Ave. Colton, Ca. 92324 909 783 -1628 fax909 783 -6705 NAME /ADDRESS City of Temecula PO Box 9033 Temecula, CA 92589 -9033 Gloria Wolnick951- 694- 6418/f #694 -6499 gloria.wolnick@cityoftemecula.org DESCRIPTION Studio 33 is not responsible for Acts of GOD/Nature, inclement weather or other outside interference which may cause delay, cancellation or incomplete services. Customer is responsible for said acts causing damage to Studio 33 equipment or causing Studio 33 equipment to damage property or injure persons. Customer Agrees to provide 24 hour Security for Studio 33's systems and equipment. Customer agrees to pay for any damages or loss due to insufficient security, theft or customer's improper use of equipment. Customer will provide security on site during times when Studio 33 staff is not present (before and after hours of rink operation). Customer will have security on patrol during hours of rink operation. Customer to provide telephone line at rink site for purposes of public safety reporting and communication. Customer will provide direct access to Temecula Police Dept. as necessary. We hereby request a deposit to be due upon execution of the Contract in an amount Equal to 50% of our fee; further, we hereby request a progress payment in the amount of 50% of our fee upon the complete installation of the rink equipment. QTY Please Sign and Return confirming acceptance of equipment, event date, and cost (valid for 30 days) P.O. NO. TERMS 50% Deposit Requi... COST 0.00 0.00 0.00 Sales Rep BJ EVENT DATE 12/18/2009 TOTAL 0.00T 0.00 0.00 SUBTOTAL SALES TAX (7.75 TOTAL Page 4 SIGNATURE Estimate DATE Estimate Num... 9/15/2009 09 -387 B Studio 33 Productions 264 Pennsylvania Ave. Colton, Ca. 92324 909 783 -1628 fax909 783 -6705 NAME /ADDRESS City of Temecula PO Box 9033 Temecula, CA 92589 -9033 Gloria Wolnick951- 694- 6418/f #694 -6499 gloria.wolnick@cityoftemecula.org DESCRIPTION *Customer to provide two hose bibs with-in 100' of rink, all advertisement and promotions, release of liability forms for skaters (Studio 33 can provide a model) All releases, permission and permits for set -up and running of above equipment and use of property. Customer to provide proof of insurance covering Studio 33's equipment while on site. Restrooms for public and staff. Parking lot lighting and heating if needed. Parking lot lighting, winter village (excluding vendors) with heaters, tables, chairs, EZ -ups, can be provided upon request at an additional charge. Snow zone can be added upon request.) *Customer to provide all holiday decorations and adequate light for skating. *Customer to provide two double bed hotel rooms beginning on December 13, 2009 through January 8, 2010. (less time maybe required and early check may apply) QTY Please Sign and Return confirming acceptance of equipment, event date, and cost (valid for 30 days) P.O. NO. TERMS 50% Deposit Requi... COST 0.00 Sales Rep BJ EVENT DATE 12/18/2009 TOTAL 0.00 SUBTOTAL $60,000.00 SALES TAX (7.75 $0.00 TOTAL $60,000.00 Page 5 SIGNATURE Estimate AGENCY BUSINESS ITEM NO. 15 PREPARED BY: Luke Watson, Management Analyst 1. Adopt a resolution entitled: RESOLUTION NO. RDA 09- Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 13, 2009 SUBJECT: Loan Agreement between the Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association (Association), Inc for a loan of Redevelopment funds for the construction of a new electronic auto mall sign. RECOMMENDATION: That the Agency Board approves the Loan Agreement between the Temecula Redevelopment Agency and the Temecula Valley Automobile Dealers Association (Association), Inc for a loan of Redevelopment funds for the construction of a new electronic auto mall sign 42069 DLR Dr. Temecula, CA 92591 (APN 921 730 -059) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING "LOAN AGREEMENT" BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC. BACKGROUND: Over the past several months the Redevelopment Agency staff and the Association have been engaged in discussions about the possibility of a loan from the Agency for a new electronic auto mall sign along Interstate 15 that would replace the current auto mall sign. In light of the economy becoming particularly difficult for the auto dealers over the past year, the Agency staff and Association conclude that now is the critical time to move forward with a new auto mall sign. The deal points which have been agreed upon by the Agency staff and Association and which are reflected in the attached Loan Agreement include: 1. Loan not to exceed $875,000. 2. Loan shall bear simple interest at the rate of 4.25 3. Twenty (20) year loan term. 4. Annual Payment (fixed amount) $65,817.36 5. "Base Year" established as the four (4) full quarters preceding the installation of the sign. 6. If annual sales tax is less than the base year plus annual payment than whatever the amount of that annual payment that could not be paid will be deferred to the next annual payment date. If in the following year the full payment cannot be made, that year's deficit plus any previous deficit will be deferred to the next annual payment date. 7 If annual sales tax exceeds base year plus annual payment than no payment is due and any sales tax generated in excess of base year plus annual payment shall be credited towards the balance of the loan in the following order a. Reduce deferred loan obligation. b. Credited to the final year of the loan. 8. Payment/Credit calculated on a yearly basis. 9. In the event that a new dealership or business enters the auto dealership zone all sales tax generated bythese new dealerships and businesses will be applied towards the annual debt service and /or the loan balance. 10. In the event a dealer leaves the Association then the base year will be reduced bythe actual amount of that dealer's base year contribution. 11. In the event a franchise leaves the Association then the base year will be reduced by the actual amount of that franchises' base year contribution. 12. City /Agency is allocated 10 percent (10 of the daily hours of operation of the sign to publicize community events and other matters of general civic interest from sunrise to 11:00 p.m. daily. 13. Sign must be installed and operational within one year of Agreement (Executive Director may extend). FISCAL IMPACT: The fiscal impact to Agency is $875,000. The Auto Mall Sign loan will be funded with available tax increment fund balance. ATTACHMENTS: Resolution No. RDA 09- Loan Agreement Promissory Note Initial Study RESOLUTION NO. RDA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A "LOAN AGREEMENT" BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC. THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines, and declares that: A. The Redevelopment Agency of the City of Temecula "Agency is a community redevelopment agency duly organized and existing under the Community Redevelopment Law "CRL Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988 -1" (hereafter the "Plan in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91 -11, 91 -14, and 91 -15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91 -11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Temecula Valley Automobile Dealers Association, Inc. "Association wishes to remove an existing electronic sign located on the land bearing the county assessor's parcel number 921 720 -006 (the "Existing Sign and acquire, construct and install a new auto mall electronic message and advertisement board (the "Sign on certain premises located at 42069 DLR Dr. Temecula CA 92591, with APN No. 921 730 -059 in the City of Temecula, California (the "Premises Association has the right to construct and maintain the Sign on the Premises pursuant to that certain Agreement Regarding Grant of Electronic Billboard Easement between Debtor and MEG Investments, a California General Partnership dated substantially concurrently herewith. D. The Premises is within the Project Area of the Redevelopment Plan for Redevelopment Project Area No. 1988 -1 (the "Project Area August 26, 2009 1 11087- 000111169585v1.doc E. Installation of the Sign is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City. Installation of the Sign is in accord with the public purposes and provisions of applicable state and local laws and the purposes and requirements of the Redevelopment Plan for the Project Area. Installation of the Sign will benefit the Project Area and assist in the elimination of blight in the Project Area in that the Sign will: (1) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (2) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (3) assist in the continued development of the Project Area surrounding the Sign; (4) upgrade the physical appearance of the Project Area; (5) encourages investment in the Project Area by the private sector; and (6) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. F. The purpose of the proposed Loan Agreement is to effectuate the Redevelopment Plan for Redevelopment Project Area No. 1988 -1 (the "Project Area in the City of Temecula, California. G. The Loan Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment of the land as provided in the Loan Agreement is consistent with the City's General Plan. The Agency Board has duly considered all terms and conditions of the proposed Loan Agreement and believes that the Loan Agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Loan Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. California Environmental Quality Act findings. The Agency Board finds, determines and declares that: A. On August 26, 2009 the Planning Department of the City prepared an Initial Study of Environmental Impact in accordance with the California Environmental Quality Act "CEQA and the State CEQA Guidelines for the following described project: "A Redevelopment Agency Loan Agreement for $875,000 between the City of Temecula Redevelopment Agency and the August 26, 2009 2 11087- 000111169585v1.doc Temecula Auto Dealers Association that will result in the issuance of a building permit to construct a 76 -foot tall, doubled faced LED freeway sign display, on the southwest corner of a vacant 4.23 acre parcel, generally located east of Interstate -15 and west of Ynez Road at 42069 DLR Drive (APN: 921 730 059)" "Project. B. The Project is consistent with the applicable General Plan designations and all applicable General Plan policies as well as with applicable zoning designations and regulations. C. The Project occurs within the City limits of the City of Temecula on a Site of no more than five (5) acres substantially surrounded by urban uses. D. The Site has no value as habitat for endangered, rare or threatened species. E. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. F. The Site can be adequately served by all required utilties and public services. G. Therefore, based on the findings set forth above as supported by the facts and analysis of the Initial Study, the Project is exempt from further environmental review pursuant to the provisions of 14 Cal. Code of Regs. 15332, In -Fill Development Projects. H. The Director of Planning and Redevelopment is authorized and directed to file a Notice of Exemption pursuant to the applicable provisions of CEQA and the CEQA Guidelines. Section 3. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Loan Agreement" by and between the Agency and the Temecula Valley Automobile Dealers Association, Inc. with such changes in such document as may be mutually agreed upon by the Association and the Agency Executive Director as is in substantial conformance with the form of such Loan Agreement on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Loan Agreement on behalf of the Agency in said form. A copy of the final Loan Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. August 26, 2009 3 11087- 000111169585v1.doc Section 4. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Loan Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Loan Agreement and related documents, including, but not limited to, the approval and execution on behalf of the Agency of the Promissory Note, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Loan Agreement. Section 5. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 13 day of October, 2009. ATTEST: Susan W. Jones, MMC City Clerk /Board Secretary [SEAL] August 26, 2009 4 11087- 000111169585v1.doc Ron Roberts, Chairperson STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 09 -02 was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 13 day of October, 2009, by the following vote: AYES: 5 BOARD MEMBERS: NOES: ABSENT: ABSTAIN: 0 BOARD MEMBERS: 0 BOARD MEMBERS: 0 BOARD MEMBERS: August 26, 2009 5 11087- 000111169585v1.doc Comerchero, Edwards, Naggar, Washington, Roberts None None None Susan W. Jones, MMC City Clerk /Board Secretary REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA LOAN AGREEMENT By and Between TEMECULA REDEVELOPMENT AGENCY and TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC., a California nonprofit corporation Dated October 13, 2009 PROJECT AREA 1988 -1 LOAN AGREEMENT This LOAN AGREEMENT (the "Agreement is dated as of October 13, 2009 and is entered into by and between the TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Lender and TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC., a California nonprofit corporation (the "Debtor 1. Recitals. This Agreement is made with respect to the following facts and circumstances: (a) Debtor wishes to remove an existing electronic sign located on the land bearing the county assessor's parcel number 921 720 -006 (the "Existing Sign and acquire, construct and install a new auto mall electronic message and advertisement board (the "Sign on certain premises located at 42069 DLR Dr. Temecula CA 92591, with APN No. 921 730 -059 in the City of Temecula, California (the "Premises Debtor has the right to construct and maintain the Sign on the Premises pursuant to that certain Agreement Regarding Grant of Electronic Billboard Easement between Debtor and MEG Investments, a California General Partnership dated substantially concurrently herewith (the "Easement (b) Lender is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Redevelopment Law (being 33000 et. seq. of the Health and Safety Code of the State of California). (c) The purpose of this Agreement is to effectuate the Redevelopment Plan for Redevelopment Project Area No. 1988 -1 (the "Project Area in the City of Temecula, California. (d) Installation of the Sign is in the best and vital interests of Lender and the City, and the health, safety and welfare of the residents and taxpayers in the City. Installation of the Sign is in accord with the public purposes and provisions of applicable state and local laws and the purposes and requirements of the Redevelopment Plan for the Project Area. Installation of the Sign will benefit the Project Area and assist in the elimination of blight in the Project Area in that the Sign will: (1) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (2) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (3) assist in the continued development of the Project Area surrounding the Sign; (4) upgrade the physical appearance of the Project Area; (5) encourages investment in the Project Area by the private sector; and (6) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. 2. Loan; Disbursement of Loan. On and subject to the terms and conditions set forth in this Agreement, the Lender agrees to lend to the Debtor the sum of Eight Hundred Seventy -Five Thousand Dollars ($875,000.00) (the "Loan for the cost of acquiring, constructing and installing the Sign provided the acquisition, construction and installation of the Sign has been completed by the date that is one (1) calendar year after the date of this Agreement. (If such deadline is not met, the Executive Director of the Lender shall have the authority but not the obligation to extend such deadline provided the Executive Director obtains reasonable modifications to the Note, hereinafter defined. The amount of the Loan shall be evidenced by a Promissory Note of the Debtor in the form of Exhibit 1 attached to this Agreement (the "Note shall bear interest and be paid as provided in the Note and shall be subject to all of the other terms and conditions set forth in the Note and this Agreement. The Loan shall be disbursed in increments from time to time promptly after Lender's receipt of the executed original of the Note, a copy of the executed Easement and reasonable evidence of the costs incurred, such as invoices. 3. Representations and Warranties. Debtor represents, warrants and covenants as follows: (a) Debtor is a California nonprofit corporation, duly organized, validly existing and in good standing under the laws of the State of California, and has all necessary authority to execute, deliver and perform this Agreement and the Note and to conduct its business wherever it is conducted. (b) This Agreement and the Note have each been duly authorized, executed and delivered by Debtor, and each constitutes a legal, valid and binding obligation of the Debtor, enforceable against the Debtor in accordance with its terms. (c) Neither the execution and delivery of this Agreement and the Note, nor the taking of any action in compliance with either of them, will violate or breach any law, regulation, rule, order, decree or judicial action binding on Debtor, or any agreement or instrument to which Debtor is a party or is subject. (d) No event has occurred which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, a default under this Agreement. (e) Debtor has not paid or given and will not pay or give any official, officer, agent or employee of Lender or the City of Temecula any money or other consideration for the obtaining of the Loan, this Agreement or the Note. (f) The proceeds of the Loan will not be used for personal, family or household purposes and shall only be used for the purpose(s) described on Exhibit 3 attached to this Agreement. (g) Ten percent (10.0 of the period from sunrise to 11:00 p.m. daily shall be reserved for and available to the City of Temecula for its exclusive use of the Sign. The City of Temecula and Debtor shall, jointly and in good faith, determine which of the Sign's daily hours of operation the City of Temecula shall use pursuant to the foregoing reservation, it being intended that such use will be on a rotating basis with Debtor's use and in a manner so as to allow both parties to have reasonable use of the Sign during its prime hours of operation. Use of the Sign by the City of Temecula shall be for the purpose of publicizing community events and other matters of general civic interest, and it shall not use its portion of the sign's daily hours of operation for any purpose that would compete with or injure the business of the TVA Mall Businesses or for the purpose of political advertising. 2 (h) Prior to the issuance of the first building permit relating to the Sign, Debtor shall have each individual or entity that owns or operates a business located in the Temecula Valley Automobile Mall and which desires to use the Sign for advertisement "TVA Mall Businesses including but not limited to the businesses listed on Exhibit 3 attached to this Agreement, authorize, execute and deliver to Lender a Waiver and Agreement in the form of Exhibit 4 attached to this Agreement "Waiver In the event any TVA Mall Business that did not execute the Waiver desires to use the Sign for advertisement, Debtor shall have such individual or entity, as well as all other TVA Mail Businesses that desire to use the sign for advertisement, authorize and execute validly a Waiver. Further, prior to the issuance of the first building or after permit relating to the Sign, Debtor shall authorize, execute and deliver to Lender validly a Waiver and Agreement in the form of Exhibit 6 attached to this Agreement "Debtor Waiver 4. Covenants. Until each and every one of Debtor's obligations under this Agreement and the Note have been paid and performed, Debtor covenants that it will: (a) Pay and perform each and every one of Debtor's obligations under this Agreement and the Note as and when they are due. (b) Pay all expenses, including attorneys' fees and costs, incurred by Lender in connection with the enforcement and exercise of its rights under this Agreement and the Note. (c) Defend, indemnify, protect and bold harmless Lender and the City of Temecula, and their respective officials, officers, agents and employees, against and from all claims, losses, liabilities, actions, judgments and expenses (including attorneys' fees and costs) which they, or any of them, may suffer or incur, arising out of or in any way relating to the Loan, this Agreement, the Waiver Agreement or the Note arising from and after the date of this Agreement. (d) Give Lender notice of any pending or threatened claim or litigation of which Debtor has knowledge that may have an adverse effect on Debtor's business. (e) Not move, sell or encumber or alter the sign without first obtaining Lender's agreement in writing. (f) Notify Lender of any event which constitutes, or which with the giving of notice or the passage of time, or both, would constitute a default under this Agreement. (g) Permit Lender, its representatives and agents, to inspect the sign, and to make copies of records pertaining to it, at all reasonable times. 5. Removal of Existing Sign: Construction of the New Sign (a) Removal of Existing Sign. On or before the deadline for the completion of the Sign, Owner shall remove and dispose of the Existing Sign in compliance with all applicable laws. (b) Construction of the Sign. Debtor shall acquire, construct and install a new auto mall electronic message and advertisement board sign described on Exhibit 6 "Sign on the Premises in accordance with all applicable land use entitlements approved by the City of 3 Temecula and all applicable laws, regulations and ordinances. Nothing herein is intended to nor shall it be construed as approval of any land use entitlements for the Sign. (c) Prevailing Wages. Pursuant to the requirements of Labor Code Section 1720, Debtor and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the construction of the Sign pursuant to this Agreement "Sign Work In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the Lender 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 perform the Sign Work from the Director of the Department of Industrial Relations. These rates are on file with the Clerk Clerk/Agency Secretary and can be obtained from the Department of Industrial Relations at www.dir.ca.gov /dlsr /pwd/ or at cost from the City Clerk/Agency Secretary's Office. Debtor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum. Debtor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Debtor shall forfeit to the Lender, 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 Sign Work done under this Agreement, by it or by any contractor or subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. (d) Surety Bonds for Sign Work. Debtor shall at all times guarantee Debtor's performance of the Sign Work by furnishing to Lender, and maintaining, good and sufficient surety bonds, from sureties admitted in the State of California, on forms approved by the Executive Director of the Lender "Executive Director for the purposes and in the amounts as follows: 1) To assure faithful performance of the Sign Work in an amount of 100% of the Executive Director's estimated cost of the Sign Work; and To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Sign Work in the additional amount of 50% of the estimated cost of the Sign Work; and 3) To guarantee or warranty the Sign Work for a period of one year following completion of the Sign Work and acceptance thereof by Lender against any defective work or labor done or defective materials furnished in the additional amount of 10% of the Executive Director's estimated cost of the Sign Work. The surety bonds required by this Agreement shall be kept on file with the City Clerk/Agency Secretary. The Loan shall not be funded unless and until the Lender receives the required surety bonds in a form acceptable to the Executive Director. Any replacement of a surety bond shall require approval by the Executive Director and if any surety bond is replaced by another, the approved replacement surety bond shall be filed with the City Clerk/Agency Secretary. Upon 4 filing of a replacement surety bond with the Agency Secretary /City Clerk, the former surety bond may be released by the Executive Director. (e) Release of Surety Bonds. Subject to approval by the Executive Director, the surety bonds required by this Agreement shall be released as follows: 1) The surety bond given for faithful performance of the Sign Work shall be released upon the final completion of the Sign Work as determined the Executive Director, subject to the provisions of subsection (b) hereof. 2) The Executive Director may release a portion of the surety bond given for faithful performance of the Sign Work upon application therefore by the Debtor; provided, however, that no such release shall be for an amount less than 25% of the total surety bond given for Debtor' s faithful performance of the Sign Work and that the surety bond shall not be reduced to an amount less than 50% of the total of said surety bond. In no event shall the Executive Director authorize a release of the surety bond given for faithful performance of Sign Work, which would reduce such surety bond to an amount below that required to guarantee the completion of the Sign Work. 3) The surety bond given to secure payment to Debtor' s contractor, his or her subcontractors and to persons furnishing labor, materials or equipment for the Sign Work shall, six months after the final completion of the Sign Work as determined by the Executive Director, be reduced to an amount equal to the total claimed by all claimants for who a lien have been filed and of which notice has been given to the Lender and Debtor, plus an amount reasonably determined by the Executive Director to be required to assure the performance of any other obligations secured by the surety bond. The balance of the surety bond shall be released upon the settlement of all claims and obligations for which the surety bond was given. 4) No surety bond given for the guarantee or warranty of the Sign Work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall be one year from completion of the work as determined by the Executive Director. 5) The Lender may retain from any surety bond released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 6. Defaults. Debtor will be in default under this Agreement upon the occurrence of any one or more of the following: (a) Debtor fails to make any payment required by this Agreement or the Note when due, whether at stated maturity, on acceleration or otherwise. 5 (b) Debtor fails to fully perform when due any other obligation or agreement under this Agreement or the Note, or under any present or future amendment, rider or supplement to this Agreement or the Note, or any other agreement between Debtor and Lender evidencing the Loan or securing it. (c) Debtor is in default under any other contract or agreement between Debtor and Lender or between Debtor and the City of Temecula. (d) Debtor violates its agreements contained in the Debtor Waiver; or any TVA Mall Business which has executed a Waiver violates its agreements contained therein, provided that a violation by any TVA Mall Business shall only constitute a default if it continues for more than thirty (30) days. (e) Any covenant, warranty or representation, made by or on behalf of Debtor in or with respect to this Agreement or the Note, is false. (f) The Sign, or any part of it, is lost, stolen or damaged, and cannot be repaired or replaced within thirty (30) days. If the Sign, or any part of it, is lost, stolen or damaged, and if the same can be repaired or replaced within thirty (30) days, then Debtor shall be entitled to use available insurance proceeds for said repairs or replacements. (g) There is any seizure or attachment of, or any levy on, the Sign or any part of it. (h) Debtor ceases operations, is dissolved, terminates its existence, does or fails to do anything that allows obligations to become due before their stated maturity, or becomes insolvent or unable to meet its debts as they mature. (i) Debtor files, or acquiesces in or consents to the filing, of any proceedings under the Federal Bankruptcy Code or any other law providing for the relief of debtors. (j) Debtor is the subject of any involuntary proceedings under the Federal Bankruptcy Code or any other law providing for the relief of debtors and such proceedings are not dismissed within thirty (30) days of their commencement. (k) The Easement is terminated for any reason and is not concurrently replaced with a perpetual right to use the easement premises for the Sign. 7. Remedies. In addition to any other rights or remedies which Lender may have at law or in equity, at any time when Debtor is in default, Lender may (i) declare the Loan and any and all of Debtor's other obligations under this Agreement and the Note to be immediately due and payable without demand, presentment, protest, or notice to Debtor, all of which Debtor expressly waives, (ii) terminate any obligation to make future advances, (iii) perform any of Debtor's obligations under this Agreement for Debtor's account, and any money expended or obligations incurred in doing so, including reasonable attorneys' fees and costs and interest at the highest rate permitted by law, will be charged to Debtor. 8. Hazardous Materials Indemnity. In addition to, and without limiting, the other obligations of Debtor under this Agreement, Debtor agrees to indemnify, protect and bold 6 harmless Lender and the City of Temecula, and their respective officials, officers, agents and employees, and each of them, against and from any and all claims, actions, losses, liabilities, costs and expenses, including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of or connected with (i) the use, generation, storage or disposal of Hazardous Materials by Debtor or any other person in connection with the construction, installation, operation, use, maintenance or repair of the Sign, and (ii) any required or necessary repair, clean -up or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the date of this Agreement, to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, release, threatened release or disposal of Hazardous Materials by Debtor or any other person in connection with the construction, installation, operation, use, maintenance or repair of the Sign. As used herein, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous waste, toxic substances or related materials, Including, without limitation, substances defined as "Hazardous Substances "Hazardous Materials" or "Toxic Substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.; in any other federal, state or local law; and in the rules and regulations now or hereafter adopted or promulgated under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. Termination. Except for Sections 2(g), 10 and 11 (which shall survive the termination of this Agreement), this Agreement shall terminate upon full payment by Debtor of all amounts owing to Lender under this Agreement and the Note. Upon such termination, at the request of Debtor, Lender will return the original of the Note to Debtor, marked "Cancelled 10. Obligation to Refrain from Discrimination. Debtor covenants and agrees for itself, its successors, its assigns and every successor in interest to the Sign or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, national origin, sex, marital status, handicap, religion or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Sign nor shall the Debtor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leases, subtenants, sublessees, or vendees of the Sign. 11. Form of Nondiscrimination and Nonsegregation Clauses. Debtor shall refrain from restricting the rental, sale or lease of the Sign on the basis of race, color, creed, ancestry, national origin, sex, marital status, handicap, or religion of any person. All deeds, leases or contracts relating to the installation, construction, use or leasing of the Sign shall contain the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or 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 7 the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (b) In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group or 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 leasing, subleasing, transferring, use, or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (c) In contracts: "There shall be no discrimination against or segregation of, any person or group or 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land. 8 Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 12. Notices. All notices, requests, demands, consents and other communications required or permitted to be given hereunder by one party to the other shall be in writing addressed to the recipient party's Notice Address set forth after its signature to this Agreement and shall be deemed to have been duly given or made: (i) if delivered personally to the party at its Notice Address, then as of the date delivered (or if delivery is refused, upon presentation), (ii) if sent by certified mail to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party' s Notice Address as evidenced by the return receipt, or (iii) if sent by ordinary first -class mail, postage prepaid, three (3) days after deposit in the United. States mail. A party may change its Notice Address by a notice given in the foregoing form and manner. 13. Severability of Provisions. Any provision of this Agreement that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Agreement. 14. Survival of Agreements. AU agreements, covenants, representations and warranties in this Agreement, or made in writing by or on behalf of the Debtor in connection with the transactions contemplated by this Agreement, shall survive the execution and delivery of this Agreement, any investigation at any time made by Lender or on its behalf, and the making of the Loan. The covenants and agreements contained in Sections 10 and 11 of this Agreement shall survive the expiration or termination of this Agreement and shall remain binding in perpetuity. 15. Successors and Assigns. Except as otherwise expressly provided in this Agreement, the provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties to this Agreement; provided, however, no assignment of this Agreement or of Debtor's obligations hereunder may be made by Debtor at any time. The City of Temecula and its officials, officers, agents and employees are intended to be third party beneficiaries of the provisions of Sections 4(c), 8 and 21 of this Agreement. 16. Entire Agreement. This Agreement, the Note and the other documents expressly referred to in this Agreement and delivered under it constitute the full and entire understanding and agreement between the parties with regard to the subject matter of this Agreement, the Note and those documents, and supersede all prior and contemporaneous agreements and understandings of the parties whether written or oral. 17. Amendments and Waivers. No term or provision of this Agreement or the Note may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized official, officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument effecting the same. Any waiver shall be effective only in the specific instance and for the purpose for which given. 18. No Waiver; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to the Lender on any default by Debtor under this Agreement or the Note shall impair any such right, power or remedy of the Lender nor shall it be construed as a waiver of or acquiescence in any such default, or of or in any similar default occurring later; nor shall any waiver of any single default be deemed a waiver of any other default occurring before or after that waiver. All remedies, either under this Agreement or by law or otherwise afforded to the Lender shall be cumulative and not alternative. 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. Exhibits. All exhibits attached to this Agreement are a part of this Agreement and are incorporated into this Agreement as if set forth in full. 21. Non Liability of Officials and Employees. No member, official, officer, agent or employee of the Lender or the City of Temecula shall be personally liable to Debtor, or any permitted successor or assign of Debtor, for any breach or default by Lender under or in connection with this Agreement or the Note or the pursuit or enforcement by Debtor of any right or remedy in connection therewith. 22. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10 IN WITNESS WHEREOF, the Lender and the Debtor have caused this Agreement to be duly executed by their respective duly authorized officials, officers or representatives as of the date first set forth above. "DEBTOR" TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC., a California nonprofit corporation By: Print Name: Title: Debtor's Notice Address: Temecula Valley Automobile Dealers Association, Inc. 41895 Motor Car Parkway Temecula, California 92593 Attention: President TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Ron Roberts, Chairman Lender's Notice Address: Temecula Redevelopment Agency 42300 Business Park Drive Temecula, California 92589 Attention: Chairman 11 ATTEST: Susan Jones, MMC, Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, Agency Counsel EXHIBIT NO. 1 FORM OF PROMISSORY NOTE (Attached.) 1 of 2 EXHIBIT NO. 2 USE OF PROCEEDS The proceeds of the Loan shall be used only to pay (i) actual costs of acquiring, designing, constructing and installing the Sign, (ii) actual costs of demolishing and removing the existing sign, and (iii) any and all hard and soft costs (including, without limitation, design consultant fees, legal fees, engineering fees and accounting fees) relating to the acquisition, design, construction and installation of the Sign. 1. Quality Nissan 41895 Motor Car Parkway Temecula, CA 92591 2. Paradise Chevrolet Cadillac Temecula 27360 Ynez Road Temecula, CA 92591 3. Toyota Scion of Temecula Valley 26631 Ynez Road Temecula, CA 92591 4. John Hine Temecula Mazda 42050 DLR Road Temecula, CA 92591 5. DCH Chrysler Jeep Dodge of Temecula 26845 Ynez Road Temecula, CA 92591 6. Rancho Ford Lincoln Mercury 26895 Ynez Road Temecula, CA 92591 7. DCH Acura of Temecula 26705 Ynez Road Temecula, CA 92591 8. DCH Honda of Temecula 26755 Ynez Road Temecula, CA 92591 EXHIBIT NO. 3 EXISTING TVA MALL BUSINESSES EXHIBIT NO. 4 WAIVER AND AGREEMENT WHEREAS, the Temecula Redevelopment Agency, a public body, corporate and politic "Redevelopment Agency has agreed to loan Eight Hundred Seventy -Five Thousand Dollars ($875,000.00) "Loan Amount to Temecula Valley Automobile Dealers Association, Inc., a California nonprofit corporation "Dealer Association under that certain Loan Agreement dated October 13, 2009 and that certain Promissory Note dated October 13, 2009 (collectively, "Loan Documents and WHEREAS, the purpose of said loan to the Dealer Association is to finance the construction and installation of an electronic message and advertisement board "Sign on certain premises located at 42069 DLR Dr. Temecula CA 92591, with APN No. 921- 730 -059 (the "Premises and WHEREAS, as a condition to lending the Loan Amount to the Dealer Association, the Redevelopment Agency requires that this Waiver and Agreement "Waiver be executed by each individual or entity that owns or operates a business located in the Temecula Valley Automobile Mall and who desires to use the Sign for advertisements; and WHEREAS, the undersigned "TVA Mall Business owns or operates a business located in the Temecula Valley Automobile Mall and desires to use the Sign for advertisements and is willing to execute this Waiver for the express benefit of the Redevelopment Agency and to be bound hereby; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, TVA Mall Business agrees as follows: 1. So long as the sign is erected, and whether or not the Loan Documents are still in effect, TVA Mall Business hereby waives any right to, and agrees for the express benefit of the Redevelopment Agency that it will not, request, pursue or promote the construction or use of any additional freeway oriented signage in the City of Temecula, other than the Sign; it being understood, however, that the foregoing waiver and agreement shall not apply to any lawful free standing freeway oriented signage currently located in the City of Temecula or any lawful signage affixed to any building occupied by the undersigned in the Temecula Valley Automobile Mall. 2. This Waiver shall be governed by and construed in accordance with the laws of the State of California, shall be binding upon TVA Mall Business and its heirs, personal representatives, successors and assigns and shall inure to the benefit of and be enforceable by the Redevelopment Agency and its successors and assigns. 1 of 2 IN WITNESS WHEREOF, the undersigned has caused this Waiver to be duly executed on the date set forth below. Dated: 2009 "TVA MALL BUSINESS" 2 of 2 By: Print Name: Title: EXHIBIT NO. 5 WAIVER AND AGREEMENT WHEREAS, the Temecula Redevelopment Agency, a public body, corporate and politic "Redevelopment Agency has agreed to loan Eight Hundred Seventy -Five Thousand Dollars ($875,000.00) "Loan Amount to Temecula Valley Automobile Dealers Association, Inc., a California nonprofit corporation "Dealer Association under that certain Loan Agreement dated October 13, 2009 and that certain Promissory Note dated October 13, 2009 (collectively, "Loan Documents and WHEREAS, the purpose of said loan to the Dealer Association is to finance the construction and installation of an electronic message and advertisement board "Sign on certain premises located at 42069 DLR Dr. Temecula CA 92591, with APN No. 921- 730 -059 (the "Premises and WHEREAS, as a condition to lending the Loan Amount to the Dealer Association, the Redevelopment Agency requires that this Waiver and Agreement "Waiver be executed by the Dealer Association; and WHEREAS, the Dealer Association is willing to execute this Waiver for the express benefit of the Redevelopment Agency and to be bound hereby; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Dealer Association agrees as follows: 1. So long as the Sign is erected, and whether or not the Loan Documents are still in effect, the Dealer Association hereby waives any right to, and agrees for the express benefit of the Redevelopment Agency that it will not, request, pursue or promote the construction or use of any additional freeway oriented signage in the City of Temecula, other than the Sign; it being understood, however, that the foregoing waiver and agreement shall not apply to any lawful free standing freeway oriented signage currently located in the City of Temecula or any lawful signage affixed to any building occupied by the undersigned in the Temecula Valley Automobile Mall. 2. This Waiver shall be governed by and construed in accordance with the laws of the State of California, shall be binding upon the Dealer Association and its successors and assigns and shall inure to the benefit of and be enforceable by the Redevelopment Agency and its successors and assigns. 1 of 2 IN WITNESS WHEREOF, the Dealer Association has caused this Waiver to be duly executed on the date set forth below. Dated: 2009 TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC., a California nonprofit corporation 2 of 2 By: Print Name: Title: EXHIBIT NO. 6 DESCRIPTION OF SIGN A sign approximately 76 feet in height that includes a double -faced full color LED message and visual display. The primary sign structure is to be fabricated from a painted aluminum material and accented with geometric reveal lines. The LED message board is to be accented with an arched ledge element that is proposed to be fabricated from zinc coated sheet metal. The sign shall also include an internally illuminated double faced element which depicts the Temecula Auto Mall logo concept. The base of the sign shall be accented with faux tile accents. 1 of 2 PROMISSORY NOTE $875,000.00 Temecula, California October 13, 2009 This Promissory Note "Note is executed pursuant to that certain Loan Agreement dated October 13, 2009 between the Temecula Valley Automobile Dealers Association, Inc. "Maker and the Temecula Redevelopment Agency "Holder Capitalized terms used in this Note but not defined in this Note shall have the meaning set forth in the Loan Agreement. FOR VALUE RECEIVED, Maker promises to pay to Holder at 43200 Business Park Drive, Temecula, California 92589 -9033, or at such other place as Holder may from time to time designate by written notice to Maker, the principal sum of EIGHT HUNDRED SEVENTY -FIVE THOUSAND DOLLARS ($875,000.00) with simple interest thereon computed on principal disbursed from the date on which the installation of the Sign has been completed (as determined in good faith by Holder) at an interest rate of 4.25% [prime rate published by WSJ as of date of this Note plus one percent (1 per annum. Payments of principal and interest shall commence on the anniversary of the first day of the first calendar quarter after the completion of installation of the Sign and shall thereafter be payable on the same date of each succeeding calendar year (each a "Payment Date Each payment shall be credited first to interest and the remainder to principal. The entire unpaid principal balance of this Note, together with accrued and unpaid interest, shall be due and payable in full on January 1, 2030. The payments described above shall be deferred, credited and paid as set forth in the next paragraph, and capitalized terms used in the next paragraph shall have the following meanings: (A) The term "Taxes" shall mean all sales and use taxes actually collected by the City of Temecula "City from the TVA Mall Businesses, as determined by City. (B) The term "Base Year" shall mean the year ending at the end of the calendar quarter that ends prior to the completion of the installation of the Sign. (C) The term "Base Year Amount" shall mean the Taxes during the Base Year; provided, however, that: (i) if a TVA Mall Business goes out of business, then the Base Year Amount shall be reduced by the actual amount of Taxes generated during the Base Year by such TVA Mall Business; (ii) if an auto dealership (i.e., a new "TVA Mall Business joins the Maker as a member, the Base Year Amount shall thereupon increase by a sum equal to the then current Base Year Amount divided by eight (8) i.e., the number of TVA Mall Businesses that are members of Maker as of the date of this Note); (iii) if a car manufacturer /franchise whose cars are sold by a TVA Mall Business (i.e., Buick, Saturn, Ford, etc.) goes out of business such that such manufacturer's cars are no longer sold by the TVA Mall Business, then the Base Year Amount shall be reduced by the actual amount of Taxes generated during the Base Year by sales of such cars (as determined by Holder); and (iv) if a brand of cars manufactured by a particular car manufacturer /franchise are added to the line of cars sold by a TVA Mall Business, then the taxes generated by the additional manufacturer /franchise will be applied toward the annual payment in the order of deferred payments, then interest, then principal. (D) The term "Comparison Year" shall mean any year ending on the anniversary of the end of the Base Year. (E) The term "Fixed Amount" shall mean 65,817.36. (F) The term "Target Amount" shall mean the sum of: (i) the Taxes for the Base Year l�us (ii) the Fixed Amount. If the Taxes for any Comparison Year is greater than the Target Amount, then Maker shall not be obligated to make a payment on the next Payment Date i.e. the Payment Date after the end of the applicable Comparison Year), and a sum equal to the amount by which the Taxes for the applicable Comparison Year exceeds the Target Amount shall be credited: (a) first, against deferred payment amounts described in the following sentence, and (b) then against principal and accrued interest due on the Maturity Date. If the Taxes for a Comparison Year are less than the Target Amount, then the amount by which the Target Amount exceeds the Taxes for the applicable Comparison Year shall be deferred until they are paid pursuant to the preceding sentence (by crediting Taxes for any Comparison Year that exceeds the Target Amount), but any sums remaining outstanding after such credits shall be due and payable on the Maturity Date. Maker may, from time to time, prepay this Note in whole or in part. Any prepayment of principal of this Note shall include accrued but unpaid interest to the date of payment of the principal amount being prepaid. No such prepayment shall extend or postpone the due date for any subsequent payment due hereunder, all such prepayments being applied in reduction of the principal installments due hereunder in the inverse order of their maturity. In no event shall the amount of interest paid hereunder or in connection herewith exceed the maximum rate of interest on the unpaid principal balance hereof allowable by applicable law, and if any sum is collected in excess of the applicable maximum rate, the excess collected shall be applied to reduce the principal debt. Time is of the essence of Maker's obligations hereunder. In the event of failure by Maker to pay any installment of principal or interest when due hereunder, this Note shall, at the option of the Holder, become immediately due and payable without notice or demand. The Maker hereby waives presentment, demand for payment, notice of dishonor, and any and all other notices or demands in connection with the delivery, acceptance, performance, default or enforcement of this Note and hereby consents to any extensions of time, renewals, releases of any party to, or guarantor of, this Note, waivers, or modifications that may be granted or consented to by the Holder in respect of the time of payment or any other provisions of this Note. Except as set forth above, principal and interest under this Note shall be paid without deduction, set off or counterclaim in lawful money of the United States. Whether or not suit is instituted, Maker agrees to pay all attorneys' fees and costs, costs of collection, and other -2- expenses incurred by Holder in connection with enforcement or collection of this Note. This Note shall be governed by and construed in accordance with the laws of the State of California. TEMECULA VALLEY AUTOMOBILE DEALERS ASSOCIATION, INC. By: Print Name: Title: By: Print Name: Title: C: \Program Files \Neevia.Com \Document Converterltemp \940656.doc INITIAL STUDY 1 City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Environmental Checklist Project Title Temecula Auto Mall Sign Financing Agreement and building permit Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Contact Person and Phone Number Katie Innes, Assistant Planner (951) 506 -5198 Project Location Generally located east of Interstate -15, west of Ynez Road and adjacent to DLR Drive (APN: 921 730 -059). Project Sponsor's Name and Address Mr. Isaac Lizarraga President- Temecula Auto Dealers Association 26895 Ynez Road Temecula, CA 92591 General Plan Designation Service Commercial (SC) Zoning Service Commercial (SC) Description of Project A Redevelopment Agency Loan Agreement for $875,000 between the City of Temecula Redevelopment Agency and the Temecula Auto Dealers Association that will result in the issuance of a building permit to construct a 76 -foot tall, doubled faced LED freeway sign display, on the southwest corner of a vacant 4.23 acre parcel, generally located east of Interstate -15 and west of Ynez Road at 42069 DLR Drive (APN: 921 -730 -059). Surrounding Land Uses and Setting The subject property is currently vacant, but is surrounded by substantially developed property to the immediate north and east of the site. The property located to the immediate north and east of the subject site is zoned Service Commercial (SC) and has been developed with a number of automobile dealerships, and uses related to the use of automobile sales. The property located immediately south of the subject property in currently vacant, however, the property located within the immediate vicinity of the project to the south has been substantially developed with a large commercial shopping center. The subject property is bounded by Interstate -15 to the west and the property located further to the west of the subject site across Interstate -15 is substantially developed with industrial, warehouse and typical business park land uses. Other public agencies whose approval is required None C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils Transportation /Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning X None Determination (To be completed by the lead agency) On the basis of this initial evaluation: X Based on the findings set forth below and as supported by the facts and analysis of the Initial Study, I find that the Project is exempt from further environmental review pursuant to the provisions of 14 Cal. Code of Regs. 15332, In -Fill Development Projects: A. The Project is consistent with the applicable General Plan designations and all applicable General Plan policies as well as with applicable zoning designations and regulations. B. The Project occurs within the City limits of the City of Temecula on a Site of no more than five (5) acres substantially surrounded by urban uses. C. The Site has no value as habitat for endangered, rare or threatened species. D. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. E. The Site can be adequately served by all required utilities and public services. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 3 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Katie Innes Printed Name C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 4 8/26/09 Date City of Temecula For 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? X b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a. No Impact. The City of Temecula Community Design Element (Figure CD -1) contained within the General Plan identifies a number of important view sheds within the City. These view sheds have been identified to preserve the public's view of significant natural resources and important views within the City and within the City's Sphere of Influence. The proposed project, a Redevelopment Agency Loan Agreement and associated building permit to construct a 76 foot tall freeway sign, will not impact any of the view sheds that have been identified in the City's General Plan. Consequently, no impacts will occur. 1.b. No Impacts. The location in which the sign will be constructed does not contain any scenic resources, including trees, rock outcroppings or historic buildings within a state scenic highway. Although the site is located adjacent to Interstate -15, this freeway has not been officially designated as a "State Scenic Highway." The parcel is currently vacant, and has been previously mass graded, and does not contain any historic buildings or structures. No impacts will occur. 1.c. Less than Significant Impact. Currently, the property on which the sign will be located is a vacant 4.32 acre site. However, the proposed Redevelopment Agency Loan Agreement and associated building permit that will be issued for the 76 -foot tall freeway sign will not substantially degrade the existing visual character or quality of the site or its surroundings. The project is considered an in -fill project due to the fact that the subject property is surrounded by substantially developed parcels and borders Interstate -15 to the west. The construction of the sign will be complimentary to, and consistent with, the existing surrounding development. Although the site is currently vacant, the property is zoned Service Commercial (SC) and is anticipated to develop in the future in accordance with the development standards and requirements for projects in the Service Commercial zone. It is anticipated that the use and future development of the property will be consistent with the surrounding land uses (existing auto dealerships), as well as with the Service Commercial Zoning District and Land Use Designation requirements. The site was not intended to be preserved as open space or to be preserved as a public view shed. The construction of the sign will not result in the obstruction of any scenic vista. According to Figure CD -1 in the City of Temecula General Plan, the property on which the sign will be located is not located within a designated view shed area. Consequently, it is anticipated that the construction of the proposed sign will have a less than significant impact on the existing visual character of the site and its surroundings. 1.d. Less than Significant Impact. The proposed Redevelopment Agency Loan Agreement and anticipated construction of the 76 -foot tall freeway sign will create new sources of light and glare, however the amount of light and glare that is emitted from the sign is expected to be less than substantial. According to a report by Lighting Sciences, the Illuminating Engineering Society of North America (IESNA) publishes guidelines for outdoor lighting emitted from sign displays. The IESNA provides suggested limits on the amount of light that a source operating during the day, and at night should produce. The proposed LED freeway sign will be C:\Program Files\Neevia.Com\Document Converter\temp1940656.doc 5 consistent with the developed recommendations related to the brightness of digital signs. The sign will also be equipped with a feature which allows for the sign to be programmed to adjust and vary the amount of brightness needed. Normally a high brightness is needed during the daylight hours to provide acceptable legibility. However, the brightness of the sign is traditionally dimmed down at night to reduce unnecessary light and glare emitted from the sign. This feature, which provides the ability to adjust the sign's brightness, will allow the sign to be observed and the amount of luminance set to levels that are suitable for the time of day, the existing ambient light levels in the area, the sign's distance from the viewer and the sign's size. The lighting specifications for the proposed sign will be based upon, and consistent with the IESNA publications and recommendations. The sign's demonstrated compliance with the IESNA recommendations and the employment of the brightness control feature will ensure that the amount of light and glare emitted from the sign will be less than substantial. Additionally, due to the fact that the project is surrounded by substantially developed property, and all of the electrical and associated lighting components of the LED sign will be in compliance with the Riverside County Palomar Lighting Ordinance (Ordinance 655), a less than significant impact will result. When the project is submitted to the Building and Safety Department for plan check, prior to the issuance of the building permit for the sign, the Building and Safety Department will ensure that all lighting components of the project are in compliance with the Palomar Lighting Ordinance. Furthermore, the project will likely require an Outdoor Advertising Permit from Caltrans due to the sign's close proximity to Interstate -15. Caltrans will review the sign and ensure that the design and lighting of the sign will not impact the view, safety and flow of traffic on the interstate. As such, considering all of the items discussed above, the light and glare that are anticipated to result from the construction of the proposed sign will be less than significant. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 6 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non agricultural use? X b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non agricultural use? X Comments: 2.a. No Impact. The proposed Redevelopment Agency Loan Agreement and associated building permit for the Temecula Auto Mall sign would not convert prime farmland, unique farmland, or farmland of Statewide Importance, to a non agricultural use. The property is currently zoned Service Commercial (SC) and according to Figure OS -3 (Agricultural Resources exhibit) contained in the City of Temecula Open Space /Conservation Element of the General Plan, the property is not within a Agricultural Resource area. No impact will occur. 2.b. No Impact. The existing zoning of Service Commercial (SC) does not conflict with zoning for agricultural uses, or with a Williamson Act contract. The property is not within an Agricultural Resource area according to Figure OS -3 contained within the City of Temecula Open Space /Conservation Element of the General Plan. No impact will occur. 2.c. No Impact. The proposed project will not result in a change to the existing environment, and will not result in the conversion of farmland to a non agricultural use. The subject property is currently zoned Service Commercial (SC) and is not designated as an Agricultural Resource according to Figure OS -3 of the Open Space /Conservation Element of the General Plan. No impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 7 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. No Impact. The proposed Redevelopment Agency Loan Agreement and associated building permit for the Temecula Auto Mall sign will not conflict with, or obstruct the implementation of the applicable air quality plan. The Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB) sets forth a comprehensive program that will lead the SCAB into compliance with all federal and state air quality standards. Accordingly, conformance with the AQMP for development projects is determined by demonstrating compliance with local land use plans and/or population projections. The property is zoned Service Commercial (SC) and the project meets all Development Code standards for the construction of the Temecula Auto Mall in this the zone. Additionally, since the zoning and General Plan land use designations are consistent, it can be concluded that the project is consistent with the City's adopted General Plan. The City of Temecula's General Plan Air Quality Element establishes a policy foundation to implement local air quality improvement measures and supports the regional AQMP which is the primary tool for achieving State and federal air quality standards for this area. The proposed Redevelopment Agency Loan Agreement and building permit for the Temecula Auto Mall Sign, is in conformance with the previously certified 2005 General Plan Environmental Impact Report. As such, it can be concluded that this project will not conflict with the applicable air quality plan for the city. No impact will occur. 3.b. Less than Significant Impact. The proposed Redevelopment Agency Loan Agreement and associated building permit for the Temecula Auto Mall sign will not violate any air quality standard or contribute substantially to an existing air quality violation. The project involves the issuance of a building permit to construct the 76 -foot tall freeway sign which will not result in a violation of air quality standards. The property is zoned Service Commercial (SC) and the project meets all Development Code standards for the construction of the Temecula Auto Mall in this the zone. Since the zoning and General Plan land use designation is consistent, it can be concluded that the project is in conformance with the City's adopted General Plan. Since the project is consistent with both the zoning and General Plan, is can be determined that the project's impacts were considered when the previous Air Quality Analysis was completed for the City of Temecula General Plan El R. As such, a statement of overriding consideration for Air Quality was previously adopted, along with mitigation measures that are required to be implemented on a city -wide scale. As discussed in the City of Temecula General Plan EIR, the long -term implementation of the General Plan and eventual build -out of the city will C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 8 result in significant and unavoidable air quality impacts. However, considering that the scope of construction for the 76 -foot tall sign is small and insignificant in comparison to the city's overall future build -out, it can be concluded that this project alone will not violate air quality standards for the city. A less than significant impact will occur as a result of the construction of the sign. 3.c. Less than Significant Impact. The City of Temecula already lies within the South Coast Air Basin which is within a non attainment area (non- attainment areas exceed federal standards more than two times per year and are subject to more stringent planning and pollution control requirements). The City's development potential was analyzed in the 2005 General Plan Environmental Impact Report which identified mitigation for air quality. Even with mitigation, a statement of overriding considerations for development was adopted. In addition to the statement of overriding considerations, mitigation measures were also adopted to minimize short term and long term air quality impacts. These mitigation measures will be implemented incrementally as the city approaches build -out. Due to the fact that the construction of the 76 -foot tall freeway sign is insignificant in comparison to the air quality impacts associated with the continual and future build -out of the city for which a statement of overriding considerations was previously adopted, it can be concluded that the project will have a less than significant impact on the existing non attainment area. 3.d. Less than Significant Impact. Sensitive receptors are land uses such as residences, schools, daycare centers, medical, and recreational facilities that are more susceptible to the effects of air pollution, compared to the population at large. The Redevelopment Agency Loan Agreement and associated building permit for the construction of a 76 -foot tall Temecula Auto Mall freeway sign will not expose sensitive receptors to substantial pollutant concentrations. The closest sensitive receptor is a day care center located approximately 1,500 feet away from the project site. The South Coast Air Quality Management District (SCAQMD) guidelines stipulate that the 25 meter (approximately 82 foot) threshold should be used for a significance determination. Since the closes sensitive receptor is over 1,500 feet which exceeds the 25 meter (82 foot) threshold it can be determined that the construction activities associated with this project are less than significant. 3. e. Less than Significant Impact. The proposed project would not create objectionable odors affecting a substantial number of people. The construction of the 76 -foot tall freeway sign would involve the use of heavy equipment creating exhaust pollutants from on -site earthmoving activities and from equipment bringing concrete and other building materials to the site. However, with regard to nuisance odors, any air quality impacts will be confined to the immediate vicinity of the construction site itself. By the time such emissions reach the sensitive receptors located within the vicinity of the project site, they will be diluted to well below any level of air quality concern. An occasional remnant odor of diesel exhaust from trucks accessing the site may result from the trucks accessing the site, and some odor may be produced from the application of paint and coatings. However, any exposure of the odors associated with the construction of this project, to the general public, and to sensitive receptors, would be short in duration and below significance thresholds. A less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 9 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less than Significant Impact. The proposed Redevelopment Agency Loan agreement and associated building permit that will result in the construction of a 76 -foot tall freeway sign will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. According to the Multi- Species Habitat Conservation Plan and the Regional Conservation Authority, the subject property has the potential to contain habitat that may support the Burrowing Owl. However, prior to the issuance of building permits for the sign, a Burrowing Owl Habitat Assessment shall be required to be conducted, in compliance with the MSHCP protocols, to determine if potential habitat for Burrowing Owl exists on the site. At this time, however, due to the fact that the site has been previously disturbed and is cleared on an annual basis in order to comply with the City's weed abatement program, it can be concluded that the property is unlikely to contain biologically significant habitat for Burrowing Owl. A less than significant impact will occur. 4.b. Less than Significant Impact. The subject property has not been identified to be located in a Biologically Sensitive area according to the City of Temecula Open Space /Conservation Element of the General Plan. According to the Open Space /Conservation Element of the General Plan, the property does not contain riparian habitat, therefore no substantial adverse impacts to riparian habitat will occur as a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 10 Additionally, the subject site has low habitat value, due to the fact that the site has been previously disturbed and is disturbed on an annual basis for compliance with the city's weed abatement program. Therefore, it can be concluded that the construction of the freeway monument sign on the property will not result in a substantial adverse impact to any sensitive natural communities or species. A less than significant impact will occur. 4.c. No Impact. According to the City of Temecula GIS, the project site does not contain any water bodies, blue line streams, creek beds, wetlands or other hydrological resources. Since the project site does not contain any of these hydrological resources it can be concluded that the project will not have an adverse impact on a marsh, vernal pool, or other federally protected wetland through direct removal, filling, hydrological interruption, or other means. No impact will occur. 4.d. Less than Significant Impact. According to the City of Temecula Open Space /Conservation Element of the General Plan, the subject property is not located within a Biologically Sensitive area. Additionally due to the fact that the site has been previously disturbed, is surrounded by substantially developed property, and is cleared on an annual basis, it can be concluded that the site has low habitat value. Additionally, the site does not contain any riparian habitat, or water bodies or blue line streams that may otherwise support sensitive fish, wildlife or native resident migratory species. As such, it can be concluded that the Redevelopment Agency Loan Agreement and associated building permit to construct a 76 -foot tall freeway sign will not interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Consequently, for the reasons stated above, a less than significant impact will occur. 4.e. Less than Significant Impact. The Redevelopment Agency Loan Agreement that will result in the construction of a 76 -foot tall freeway sign on the subject site will not conflict with any local policies or ordinances protecting biological resources. This can be concluded because the site has been previously disturbed and is cleared every year as required by the city's weed abatement program. As a result, the property has low habitat value for biological resources. Due to the low habitat value, the construction of the 76- foot tall freeway sign on the site will not conflict with any ordinances protecting biological resources. Additionally, according to the City of Temecula Open Space /Conservation Element of the General Plan, the site is not located within a Biologically Sensitive area. Therefore, it can be concluded that the site does not contain biological resources of significant value. Additionally, the site does not contain any trees that are protected under the City's Heritage Tree Ordinance. A less than significant impact will occur. 4.f. Less than Significant Impact. The proposed construction of the 76 -foot tall freeway sign will not conflict with the provisions of the Multi- Species Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. In considering the scope of the project in the context of the MSHCP, it has been determined that the project site is located within an MSHCP Criteria Cells (Southwest Area Plan Subunit 1 Murrieta Creek). However, because the approval of the Redevelopment Agency Loan agreement will result in the issuance of a building permit for the freeway sign, and not the full development of the site, it can be concluded that that the project will not conflict with the objectives of the MSHCP. The estimated square footage of the area that will be disturbed as a result of the construction of this sign is approximately 450 square feet. This estimate is based upon the conceptual drawings for the sign. The area that will be disturbed as a result of the construction of this project is minimal, compared to the potential area that could be disturbed as a result of a large -scale development project on the site, and is considered insignificant. Additionally, when a development plan is submitted for the full development of the property, the project will be required to be reviewed by the Regional Conservation Authority for consistency with the MSHCP and comply with the Habitat Acquisition Negotiation Strategy process and Joint Project Review process. It can also be concluded that the site is unlikely to contain significant biological resources because the City of Temecula Open Space /Conservation Element of the General Plan does not identify the subject parcel as being located within a Biologically Sensitive area. Furthermore, the site has been previously disturbed, and is cleared on an annual basis in order to comply with the City's weed abatement program, thus eradicating the potential for preserving C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 11 significant biological resources that might otherwise be present on the site. As a result, a less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 12 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource •ursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a.b. No Impact. "Historic Resources," as defined by CEQA Section 15064.5 are prehistoric and historic era (i.e. greater than 45 years old) resources that are assessed as being "significant," insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. The construction area does not contain any historical resources defined by CEQA Section 15064.5. Additionally, according to the City of Temecula General Plan, the site is not located within an archeologically sensitive area. No impacts will occur. 5.c,d. Less than Significant Impact. The project site has been identified in the City of Temecula General Plan as an area that has a low potential to contain paleontological resources. Although the probability of directly or indirectly destroying or disturbing a unique paleontological resource or human remains, the project will be required to safeguard paleontological resources and remains by following the city's standard protocols: 1) If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 2) A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 3) Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 4) The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. 5) All sacred sites are to be avoided and preserved. By ensuring that the construction activities associated with the building permit for the sign follow these protocols a less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 13 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X b Strong seismic ground shaking? X c Seismic related ground failure, including liquefaction? X d Landslides? X e Result in substantial soil erosion or the loss of topsoil? X f Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? X g Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? h Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a. Less than Significant Impact. According to the City of Temecula Public Safety Element of the General Plan, the Elsinore Fault traverses the city. The Elsinore Fault zone is an Alquist Priolo Earthquake Fault Zone governed by specific state development criteria to prevent damage associated with ground surface rupture. Structures for human occupancy are not permitted on an active fault. The Redevelopment Agency Loan Agreement, which will subsequently lead to the issuance of a building permit for the 76 -foot tall freeway sign will not result in the construction of a structure that is intended for human occupancy. According to the City of Temecula GIS, the subject site contains a portion of the Lake Elsinore Fault line /zone. This fault line /zone runs diagonally across the entire parcel. However, due to the fact that the sign is not a habitable structure intended for human occupancy, it is unlikely that the rupture of this earthquake fault would expose people or structures to a potential adverse impact including Toss, injury or death. The proposed sign will be constructed in accordance with all engineering specifications and in accordance with all Uniform Building Code (UBC) standards for structures within an earthquake zone. As a result, a less than significant impact will occur. 6.b. Less than Significant Impact. According to the Public Safety Element of the City of Temecula General Plan, severe ground shaking is possible in Temecula due to the loosely consolidated alluvial soils that are typical in the area. Riverside County has established Ground Shaking zones and Temecula is in Zone II, which is characterized by shaking that can vary from moderate to intense level is an event of an earthquake. The soil conditions, the location of the earthquakes epicenter and magnitude of the ground shaking event all factor into the potential impacts that are associated with ground shaking. As indicated in the General Plan, strong seismic ground shaking is a potential hazard, however since the proposed sign is a non habitable structure it is unlikely that people or structures will experience adverse effects due to strong seismic ground shaking. The C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 14 property on which the sign will be placed is currently vacant, therefore there are no existing buildings on -site, and consequently it is unlikely that people will be on -site, decreasing the likelihood that loss, injury or death would occur as a result of strong seismic ground. Additionally, the sign will be constructed in accordance with all engineering specifications, therefore decreasing the likelihood that the sign may collapse as a result of strong seismic ground shaking. The sign will also be constructed in accordance with all Uniform Building Code (UBC) requirements for non habitable structures located within a fault zone. Considering all of these circumstances, a less than significant impact will occur. 6., c,d,e,f. Less than Significant Impact. According to the Public Safety Element of the City of Temecula General Plan, ground shaking following an earthquake could lead to other potential geologic hazards including liquefaction, landslides, subsidence, soil erosion or loss of topsoil. The potential for these hazards depends upon the severity of the ground shaking and underlying geologic conditions. Prior to the construction of the 76- foot tall freeway sign, the project will be reviewed by the City of Temecula Building and Safety Department to ensure that all Uniform Building Code, structural specifications and appropriate countermeasures to decrease the potential hazards are undertaken and included in the design and construction of the sign. As a result, a less than significant impact will occur. 6.g. Less than Significant Impact. Prior to the issuance of building permits for the construction of the 76 -foot tall freeway sign it will be determined by the required structural calculations and engineering documents provided to the city by the applicant, if the sign is to be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994). This determination will allow for countermeasures to be included in the design and construction of the sign as required by the Uniform Building Code (UBC) in order to minimize the risks and hazards to life or property. A less than significant impact will occur. 6.h. No Impacts. The project involves the construction of a 76 -foot tall freeway sign. The scope of the project will not involve the need for septic tanks or alternative wastewater disposal systems due to the fact that the structure is non habitable and not intended for human occupancy. No impacts will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 15 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? X b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? X Comments: 7.a. No Impact. The project, which involves the construction of a 76 -foot tall freeway sign, will not create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. This project will not involve routine vehicle trips or any hazardous materials. No impact will occur. 7.b. No Impact. The project involves the construction of a 76 -foot tall freeway sign and will not create a significant hazard to the public or the environment. It is reasonable foreseeable that the construction and operation of the sign will not involve the release of hazardous materials into the environment. No impact will occur. 7.c. No Impact. The project involves the construction of a 76 -foot tall freeway sign. Considering the project's scope and the fact that the structure is not intended for human occupancy or for a use that will emit hazardous emissions or handle hazardous or acutely hazardous material, substances or waste, no impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 16 7.d. No Impact. The project is not proposed to be located on a site included on the hazardous materials sites list compiled pursuant to Government Code Section 65962.5. Therefore it would not create a significant hazard to the public or the environment. No impacts will occur. 7.e,f. No Impact. The project site is not located within an airport land use plan, nor is the project located within the vicinity of a private airstrip. Therefore the project would not result in a safety hazard for people residing or working in the area. No impact will occur. 7.g. No Impact. The proposed project, which involves the construction of a 76 -foot tall freeway sign, will not impair or interfere with the City's adopted emergency response plan or emergency evacuation plan. According to the city's Public Safety Element of the General Plan, the Local Emergency Preparedness Plan and the adopted Multi- Hazard Functional Plan will ensure the effective management and response to emergency situations resulting from natural disasters, technological incidents and nuclear defense emergency. The construction of this sign will not change or impact the response to emergencies and does not impact the adopted plans. No impact will occur. 7.h. No Impact. According to the City of Temecula GIS, the subject property is not located within a high fire hazard area. Additionally, the project includes the construction of a freeway sign which is a non habitable structure. Considering that the project is not located in a high fire hazard area, and the structure is not intended for human occupancy, it is unlikely that the project will expose people or structures to a significant risk or loss of injury or death as a result of a wild land fire. No impacts will result. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 17 8. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Otherwise substantially degrade water quality? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 8.a. Less than Significant Impact. The proposed project and construction of the 76 -foot tall freeway sign will not violate any water quality standards or waste discharge requirements. The project will be required to comply with all Regional Water Quality Control Board requirements and will implement all appropriate Best Management Practices (BMP's) during all construction activities. A less than significant impact will occur. 8.b. No Impact. The project does not require water service or water to be supplied to the site for the operation of the 76 -foot tall freeway sign. Consequently, the project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No impacts will occur. 8.c,d,e. No Impact. The project will not substantially alter the existing drainage pattern of the site or area, or result in the alteration of a watercourse or streambed in a manner which would result in substantial erosion or C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 18 siltation on- or off -site. The scope of the project involves the construction of a 76 -foot tall freeway sign and does not propose to alter or change the existing drainage patterns of the site or area. Additionally, the project does not involve a substantial alteration to the course of a stream or river, as there are no existing watercourses or streams present on the site. The project will not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site, or increase the capacity of the sewer system. This is due to the fact that the project involves the construction of a freeway sign, which will not increase run -off because water service, sewer service, irrigation, landscaping and human occupancy of the structure is not involved in the scope of this project. No impacts will occur. 8.f. Less than Significant Impact. The project includes the construction of a 76 -foot tall freeway sign. The scope of the project does not involve water service to the site. Therefore, the project will not substantially degrade water quality. Additionally, BMPs will be implemented during all construction activities which will reduce any potential water quality impacts to levels acceptable to the Regional Water Quality Control Board. A less than significant impact will occur. 8.g. No Impact. The proposed project includes the construction of a 76 -foot tall freeway sign. The scope of the project does not involve the construction or placement of housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact will occur. 8.h. No Impact. According to the City of Temecula GIS, the project site is not located within a 100 -year flood hazard area. No impacts will occur. 8.i. Less than Significant Impact. According to the City of Temecula GIS, the subject property is located within a Dam Inundation Hazard area. However, due to the fact that the project involves the construction of a 76 -foot tall freeway sign, which is a non habitable structure on a vacant parcel, it is unlikely that the project will expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. A less than significant impact will occur. 8.j. Less than Significant Impact. According to the Public Safety Element of the City of Temecula General Plan, the potential for mudflows exist in the hilly southern and western portions of the Planning Area. The subject property is not located within a hilly area of the City and is not located within a 100 -year flood plain. No impacts are anticipated as a result of a landslide or mudflow. Additionally, the subject property is not likely to be impacted from seiche or tsunami. This is due to the fact that the proposed project is not located in an area that is typically impacted by tsunami or seiche. The proposed project is located at an elevation of approximately 1,000 feet above mean sea level and is located more than 20 miles inland from the nearest coastline or Pacific Ocean. As such, the potential for seismically induced flooding as a result of a tsunami or seiche is considered to be nonexistent. A less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 19 9. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 9.a. No Impact. The Redevelopment Agency Loan Agreement and construction of the 76 -foot tall freeway sign on a vacant 4.23 acre parcel will not physically divide an established community. The subject parcel is surrounded by substantially developed parcels to the north and east, and the property is bounded by Interstate -15. The project does not involve any additional street or highway improvements which could otherwise divide an established community. No impact will occur. 9.b. No Impact. The proposed project will not conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project, (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The property's General Plan land use designation is Service Commercial (SC), and the property is zoned Service Commercial (SC). The proposed project meets all Development Code requirements for the Temecula Auto Mall Sign. Since the Development Code is a tool to implement the General Plan, and this project meets the Development Code requirements for the Temecula Auto Mall Sign, it can be concluded that the project is also consistent with the General Plan. No conflict with any applicable land use plan will occur, and therefore, no impact will occur. 9.c. Less than Significant Impact. The proposed construction of the 76 -foot tall freeway sign will not conflict with the provisions of the Multi- Species Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. In considering the scope of the project in the context of the MSHCP, it has been determined that the project site is located within an MSHCP Criteria Cells (Southwest Area Plan Subunit 1 Murrieta Creek). However, because the approval of the Redevelopment Agency Loan agreement will result in the issuance of a building permit for the freeway sign, and not the full development of the site, it can be concluded that that the project will not conflict with the objectives of the MSHCP. The estimated square footage of the area that will be disturbed as a result of the construction of this sign is approximately 450 square feet. This estimate is based upon the conceptual drawings for the sign. The area that will be disturbed as a result of the construction of this project is minimal, compared to the potential area that could be disturbed as a result of a large -scale development project on the site, and is considered insignificant. Additionally, when a development plan is submitted for the full development of the property, the project will be required to be reviewed by the Regional Conservation Authority for consistency with the MSHCP and comply with the Habitat Acquisition Negotiation Strategy process and Joint Project Review process. It can also be concluded that the site is unlikely to contain significant biological resources because the City of Temecula Open Space /Conservation Element of the General Plan does not identify the subject parcel as being located within a C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 20 Biologically Sensitive area. Furthermore, the site has been previously disturbed, and is cleared on an annual basis in order to comply with the City's weed abatement program, thus eradicating the significant potential for preserving biological resources on the site. As a result, a less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 21 10. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the Toss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 10.a. No Impact. The Redevelopment Agency Loan Agreement and associated construction of the 76 -foot tall freeway sign on the proposed site is not anticipated to result in the loss of a known mineral resource that would be of value to the region or to the residences of the State. According to the General Plan, the State Division of Mines and Geology has prepared a mineral resources report entitled, Mineral Land Classification of the Temescal Valley Area, Riverside County, California, Special Report 165, which evaluated mineral deposits within the Temecula Planning Area. According to the State Geologist, the Temecula Planning Area was classified as a Mineral Resources Zone -3a (MRZ -3a), which determined that the area contains sedimentary deposits which have the potential to supply sand and gravel for concrete and crushed stone for aggregate, however these areas are not considered to contain mineral resources of significant economic value. No impact will occur. 10.b. No Impact. This project is not anticipated to result in the loss of locally important mineral resources, as the project site, which is within the Temecula Planning area, has been classified as a Mineral Resources Zone 3a (MRZ -3a). According to the General Plan, the Temecula Planning Area is not considered to contain mineral resources of significant economic value. The property on which the proposed project will be located does not represent an area of locally important mineral resources. No impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 22 11. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 11.a. No Impact. The project involves the construction of a 76 -foot tall freeway sign. The sign will not include any audible noises or sounds, therefore is can be concluded that the project will not expose people to noise levels beyond those allowed in the City of Temecula General Plan. No impacts will occur. 11.b. Less than Significant Impact. The construction of the proposed project would not expose people to, or generate excessive ground borne vibrations, or ground borne noise levels. Perceptible ground borne vibrations are typically associated with blasting operations and potentially the use of pile drivers, neither of which would be used during construction of this project. As such, no excessive ground borne vibration would be created by the project and, therefore, impacts due to project generated ground borne vibrations would be less than significant. 11.c,d. No Impact. The sign will not emit audible noises or sounds and will not contribute substantially to a permanent, temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. No noise will be generated by the operation of this sign. No impacts will occur. 11.e,f. No Impact. The project is not located within an airport land use plan or where such a plan has been adopted, nor is the project within two miles of a private or public airport or airstrip. No impacts are anticipated as a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 23 12. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 12.a. No Impacts. The project will not induce substantial population growth due to the fact that the project scope involves the construction of a 76 -foot tall freeway sign. No additional residences are proposed as a part of this project. Additionally, the project involves the construction of a non habitable structure, therefore it is not anticipated to have direct or indirect population impacts because the project will not generate new jobs or new housing opportunities, and no additional roads or infrastructure improvements are proposed as a part of this project. No impacts will occur. 12.b,c. No Impact. The proposed project includes the construction of a 76 -foot tall freeway sign on a vacant 4.23 acre parcel within the Service Commercial zoning district in the City of Temecula. Considering that the site is currently vacant, it can be concluded that the project will not displace existing housing or necessitate the construction or replacement of housing elsewhere. No impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 24 13. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 13.a. No Impact. The Redevelopment Agency Loan Agreement and subsequent construction of the 76 -foot tall freeway sign will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities. The project will not result in the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services. It can be concluded that this project will not impact existing needs for fire protection or police protection, nor will it warrant additional public facilities including schools, parks or other public facilities. This is due to the fact that the sign is a non habitable structure which will not increase human occupied building space that might otherwise warrant additional public services or facilities. The construction of additional public facilities will not be required and it can be concluded that this project will not adversely impact the required public service ratios or response times. No impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 25 14. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 14. a,b. No Impact. The Redevelopment Agency Loan Agreement and subsequent construction of the 76 -foot tall Temecula Auto Mall sign will not increase the use of existing neighborhood or regional parks or other recreational facilities. This can be concluded because the sign is a non habitable structure and is not intended to for human occupancy. Additionally, the project does not include any new residential construction that might have otherwise increased the use of existing neighborhood facilities, or contributed to the substantial deterioration of surrounding recreational facilities. The project scope does not include the construction of any new recreational facilities, or the expansion of any existing recreational facilities which could have otherwise had an adverse environmental impact. No impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 26 15. TRANSPORTATION /TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? X b Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Result in inadequate parking capacity? X g Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Comments: 15.a -g. No Impact. The proposed Redevelopment Agency Loan Agreement and associated building permit for a 76 -foot tall freeway sign will not increase traffic to a level that will cause a substantial impact on the street system. The proposed project is not a habitable structure. Therefore, it will not increase the number of trips, traffic, or level of service on the street system. Nor will the construction of the sign directly generate traffic trips since the use is not intended for human occupancy. The project will not exceed, either individually or cumulatively, the level of service standards established by the City of Temecula General Plan Circulation Element because the project will not generate an increase in traffic. The project will not result in a change to air traffic patterns, increase air traffic levels, or result in substantial safety risks. The project includes the issuance of a building permit for a freeway sign and does will not result in a change in air traffic patterns because the project does not include an airport, runway, or other use that generates or creates an increase in air traffic, or any other characteristic that could otherwise increase air traffic patterns. The proposed project will not substantially increase hazards due to design features such as sharp curves or dangerous intersections because the project does not include the construction of any roadway infrastructure or streets. The project would not result in inadequate emergency access because the sign structure is not intended for human occupancy, therefore it is not anticipated that the need for emergency services will be generated as a result of the construction of the sign. The project will not result in inadequate parking capacity because the project is a freeway sign and the characteristics of this use will not generate traffic or additional trips which would result in the need for parking facilities. The project will not conflict with adopted plans, policies or programs that support alternative transportation. This is because the project is a loan agreement that will result in the issuance of a building permit for the construction of a freeway sign, which will not cause a conflict with alternative transportation policies or programs. No traffic impacts will occur as a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 27 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 16.a. No Impact. The proposed project will not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. This can be concluded because the scope of the project involves the construction of a 76 -foot tall freeway sign, which is a non habitable structure and is not intended for human occupancy. As such, this project will not generate the need to wastewater treatment and will not exceed the treatment requirements for the applicable Regional Water Quality Control Board. No impacts will occur. 16.b, e. No Impact. The proposed project will not increase wastewater capacity and therefore will not increase the need for the wastewater treatment provider to increase capacity or service. The scope of the project includes the construction of a freeway sign which is not intended for human occupancy. Due to the fact that the sign is a non habitable structure, it can be concluded that wastewater will not be generated as a result of this project and no impacts to the wastewater treatment provider will occur. Additionally, due to the fact that the project will not generate wastewater, the project will not result in the need to construct new wastewater treatment facilities, or result in the need to expand existing facilities. No impact will occur. 16.c. No Impact. The proposed project would not result in, or require the construction of new storm water drainage facilities. Considering the scope of the project, which includes the issuance of a building permit for a 76 -foot tall freeway sign, and that fact that this structure will not be occupied, it will not generate the need for new storm water drainage facilities. No impact will occur. 16.d. No Impact. The proposed project will not require water to be supplied to the site due to the fact that the freeway sign is a non habitable structure and is not intended for human use or occupancy. No impacts will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 28 16.f. Less than Significant Impact. The proposed project will generate solid waste during the construction phase of the project. The City of Temecula currently contracts with CR &R for solid waste disposal within the City. Solid waste generated from commercial development and business operations are hauled to El Sobrante and Badlands Sanitary Landfills in Riverside County. The El Sobrante landfill began operating in 1986 and has a 90 acre disposal area. The landfill is authorized to accept as much as 10,000 tons of waste per day. The El Sobrante landfill has proposed a 450 acre expansion which could extend the landfill capacity to 2035. The Badlands Sanitary Landfill has a 141 acre disposal area with sufficient capacity through 2010. The Badlands landfill has a proposed 851 -acre expansion area which could expand the landfill capacity through 2033. Considering that the landfills still have the ability to expand their capacity, the proposed project will not have a significant adverse impact. Prior to the issuance of the building permit for the sign, an agreement will be required to be made between CR &R, (the city's franchised solid waste hauler) to dispose of construction and demolition debris. It is expected that CR &R will divert any recyclable materials from taking up space in the landfills as a result of this agreement. As a result, a less than significant impact will occur. 16.g. Less than Significant Impacts. The proposed project is a Redevelopment Agency Loan Agreement that will result in the issuance of a building permit for a 76 -foot tall freeway monument sign. The scope of this project will not result in any impacts to federal, state, or local regulations related to solid waste. Prior to the issuance of building permits for this project, an agreement will be required to be made between the City's franchised solid waste hauler for the disposal or construction and demolition debris. The City's franchised solid waste hauler will ensure compliance with all federal, state and local statutes related to solid waste and solid waste recycling. A less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 29 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 17.a. No Impact. The proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of any fish or wildlife species, or cause any fish or wildlife species to drop below self sustaining levels. The proposed project does not have the potential to threaten or eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major time periods in California History of Pre History. The proposed project is a Redevelopment Agency Loan Agreement which will result in the issuance of a building permit for the construction of a 76 -foot tall freeway sign. The project site is bounded by a heavily traveled freeway (interstate 15) to the west and is surrounded by substantially developed property, making the construction of the sign an in -fill project. As discussed in detail in the previous sections above, the proposed project will not substantially degrade the quality of the environment, or impact any rare, endangered or threatened species. No rare, endangered or threatened species will be substantially impacted as a result of this project. The project site does not contain any historic structures or resources and will not eliminate important examples of California History. The scope of the project includes the construction of a 76 -foot tall freeway monument sign, which is not intended for human occupancy. No buildings, parking lots or human activity will occur on the site as a result of this project. No impact will occur. 17.b. Less than Significant Impact. The proposed project will not result in impacts that are cumulatively considerable. It has been determined that all potential impacts are less than significant, and even when these impacts are considered together and on a cumulative basis, the effects of the project in conjunction with the effects of other projects in the area will not result in a significant cumulative impact because the project is surrounded by substantially developed property. A less than significant impact will occur. 17.c. Less than Significant Impact. The project will not have any environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Considering each of the impacts that have been determined to be less than significant on an individual basis, and considering them cumulatively, it can still be concluded that the project will not result in a substantial adverse impact on human beings, either directly or indirectly. The proposed project will be constructed in compliance with the Uniform Building Code C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 30 and as consistent with the City's General Plan, Development Code and other municipal code requirements. A less than significant impact will occur. C:1Program Files\Neevia.Com\Document Converter\temp1940656.doc 31 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. C: \Program Files \Neevia.Com \Document Converterltemp \940656.doc SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. Lighting Sciences Electronic Message Center Sign Luminance 32