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HomeMy WebLinkAbout112409 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 24, 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. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Violinists Sydney Hsieh and Danielle Beeman Invocation: Pastor Felicia Brown of Imani Church of God in Christ Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Next in Order: Ordinance: 09 -08 Resolution: 09 -95 The Tenth Annual Community Candlelight Tribute Day Proclamation "Remembering Those We've Loved and Lost" PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of November 10, 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 General Liability Insurance Renewal RECOMMENDATION: 4.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company, in the amount $200,498 for the period of December 1, 2009 through December 1, 2010. 5 Old Town Civic Center, Protect No. PW06 -07, Furniture Purchase and Installation Agreement 2 RECOMMENDATION: 5.1 Approve an Agreement with Tangram for $19,406.25, to refine the space plan and ultimately furnish and install systems and freestanding furniture for the Old Town Civic Center. 6 Southern California Edison Agreement Associated with Operation of the Photovoltaic System on the Old Town Parking Structure RECOMMENDATION: 6.1 Authorize the City Manager to approve an Agreement entitled, "Net Energy Metering and Generating Facility Interconnection Agreement" associated with the photovoltaic system on the Old Town Parking Structure. 7 Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Project, Project No. PW09 -02 RECOMMENDATION: 7.1 Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project Project No. PW09 -02; 7.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. 8 First Amendment to the Agreement with ProActive Fire Design and Consulting, Inc. RECOMMENDATION: 8.1 Approve the First Amendment with ProActive Fire Design Consulting for an additional amount of $35,000 to increase the existing contract amount to $60,000. 9 Old Town Civic Center (OTCC) HP Enterprise Systems Contract with Nth Generation Computing, Inc. RECOMMENDATION: 9.1 Award a contract to Nth Generation Computing, Inc. for the Old Town Civic Center HP Enterprise Computing Systems in the amount of $781,165.04, and authorize the Mayor to execute the contract; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $78,116, which is equal to 10% of the contract amount. 10 City of Temecula Energy Efficiency and Conservation Block Grant Projects 3 RECOMMENDATION: 10.1 Receive and file. 11 WRCOG Energy Efficiency Programs RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 09- 12 Office Lease Agreement regarding the leasing of space in the Civic Center parking garage storefront to the Temecula Valley Convention and Visitor's Bureau RECOMMENDATION: 12.1 Approve the Office Lease between the City of Temecula and the Temecula Valley Convention and Visitor's Bureau for the leasing of commercial space in the Old Town parking garage. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERMENTS ENERGY EFFICIENCY AND WATER CONSERVATION FINANCING PROGRAM 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 13 Action Minutes 4 RECOMMENDATION: 13.1 Approve the action minutes of November 10, 2009. 14 Naming of the Civic Center Open Space Area RECOMMENDATION: 14.1 Approve the name "Town Square" for the Civic Center open space area as recommended by the Community Services Commission. 15 Request the appropriation of funds for the Construction of a Community Garden from Temecula Community Services District Fund Balance at the request of Council Member Roberts 15.1 Appropriate $24,000 to the Temecula Community Services District Operations budget from Temecula Community Services District Fund Balance. 16 Fourth Amendment to the Professional Services Agreement with BonTerra Consulting to provide additional Environmental Clearance and Monitoring for the Ronald Reagan Sports Park Desiltinq Basin Project No. PW05 -13 RECOMMENDATION: 16.1 Approve the Fourth Amendment to the agreement with BonTerra Consulting in an amount not to exceed $102,610 to provide additional Environmental Services to provide environmental monitoring of the Ronald Reagan Sports Park Desilting Basin, Project No. PW05 -13 CSD DEPARTMENTAL REPORT 17 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 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. 5 When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of November 10, 2009. That the Board of Directors of the Redevelopment Agency of the City of Temecula adopt the following resolutions: JOINT CITY COUNCIL /REDEVELOPMENT PUBLIC HEARING 19 Establishment of California State University San Marcos at Temecula located at Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula and Agency Funding of Improvements and Development Costs at the request of the Higher Education AdHoc Subcommittee Members (Washington /Naggar) RECOMMENDATION: 19.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA, AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA 19.2 That the Board of Directors of the Redevelopment Agency of the City of Temecula adopt the following resolution: RESOLUTION RDA NO. 09- 6 RDA DEPARTMENTAL REPORT 20 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA, AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. CITY COUNCIL BUSINESS 21 Consideration of assessment rate increase from 2% to 4% for the Temecula Valley Tourism Business Improvement District (at the request of the Economic Development Subcommittee) RECOMMENDATION 21.1 Consider authorizing staff to proceed with procedures to increase the Temecula Valley Tourism Business Improvement District assessment rate from 2% to 4 22 Public /Traffic Safety Commission Appointment RECOMMENDATION: 22.1 Appoint one applicant to serve a full three -year term on the Public/Traffic Safety Commission through October 10, 2012. 23 Community Services Commission Appointments 7 RECOMMENDATION: 23.1 Appoint two applicants to serve full three -year terms on the Community Services Commission through October 10, 2012. DEPARTMENTAL REPORT 24 City Council Travel /Conference Report October 2009 25 Public Works Department Monthly Report 26 Planning Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, December 8, 2009, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 Item No. PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the communities of Temecula and Murrieta come together for the Tenth Annual Candlelight Tribute for "Remembering Those We 've Loved and Lost" over the years, and even recently in current wars being fought by our brave young men and women, and through terminal illness, accidents, and suicide; and WHEREAS, especially during the holidays, just as all year long, we gather to celebrate and honor those we dearly miss, by remembering our loved ones with this special community tribute because we will never forget; and WHEREAS, we invite the citizens of Temecula and Murrieta and the surrounding communities to come and light a candle during this time of remembrance with special inspirational music, singing, and sharing; and WHEREAS, this is an opportunity for everyone to show support, comfort, and friendship to the friends and families of those who have lost a loved one. NOW, THEREFORE, I, Maryann Edwards, on behalf of the City Council of the City of Temecula, proclaim December 5, 2009, as The Tenth Annual Community Candlelight Tribute Day "Remembering Those We've Loved and Lost" and encourage all citizens of Temecula to participate in this important event to be held at the Promenade Mall, that will benefit the health, welfare, and harmony of our city, our communities, and our families. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty- fourth day of November, 2009. Maryann Edwards, Mayor Susan W. Jones, MMC, City Clerk Item No. CONSENT CALENDAR Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 10, 2009 7:00 PM The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Jessica Sorge Invocation: Larry Elwood of United Church of the Valley Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards ABSENT: Comerchero, Roberts PRESENTATIONS /PROCLAMATIONS Family Night in Temecula 2009 -2010 Proclamation Diabetes Awareness Month Proclamation 234th United States Marine Corp Birthday Proclamation PUBLIC COMMENTS The following individuals addressed the City Council: Mary Towel! Southern Temecula Safety Coalition Karen Locklin Rainbow Canyon Villages Homeowners Association Wayne Hall Hospital Update Jeanne McClellan Rotary Club of Temecula Donald Lambert Medical Marijuana CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. 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 (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 2:1 Approve the action minutes of October 27, 2009. 3 List of Demands Approved Staff Recommendation (3 -0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -92 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 September 30, 2009 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2009. 2 5 Edward Byrne Memorial Justice Assistance Grant Funding Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 5.1 Increase estimated General Fund Grant Revenue by $29,032; 5.2 Appropriate $29,032 from General Fund Grant Revenue to the Police Department. 6 Community Service Funding Program for Fiscal Year 2009 -10 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 6.1 Approve the Fiscal Year 2009 -10 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $50,500 to 21 organizations. 7 First Amendment to the Agreement for Consulting Services between the City of Temecula and Environmental Science Associates (ESA) for an Environmental Impact Report (EIR) for the Old Town Specific Plan Amendment Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 7.1 Approve the First Amendment to the Agreement to increase the total agreement amount by $25,000 to address necessary additional traffic impact analysis items which were not within the scope of the initial agreement. 8 Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Beltway Project Project No. PW09 -02 pulled off the agenda RECOMMENDATION: 8.1 Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project Project No. PW09 -02; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. 3 9 Acceptance of Improvements and Notice of Completion for the Citywide Slurry Seal Project for FY 2008 -09 Project No. PW09 -01 Approved Staff Recommendation (3- 0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 9.1 Accept the construction of the Citywide Slurry Seal Project for FY 2008 -09, Project No. PW 09 -01, 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 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs for FY 2008 -09 Project No. PW09 -03 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 10.1 Accept the construction of the Citywide Concrete Repairs for FY 2008 -09, Project No. PW 09 -03, as complete; 10.2 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; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Temporary Street Closure for the Winter Wonderland Event (Main Street between Old Town Front Street and the easterly end of the Main Street Bridge) scheduled for December 11, 2009 Approved Staff Recommendation (3-0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 11.1 Receive and file the following proposed action by the City manager: Temporarily close Main Street for the "2009 WINTER WONDERLAND" EVENT. 4 12 Temporary Street Closures for Santa's Electric Light Parade on December 4, 2009 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 12.1 Receive and file the following proposed action by the City manager: Temporarily close certain streets for the "2009 SANTA'S ELECTRIC LIGHT PARADE" EVENT. 13 Acceptance of certain Public Streets into the City- maintained System within Tract Map No. 29734 (located northwesterly of the intersection of Deer Hollow Way and Peppercorn Drive- Centex Homes) Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 09-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED SYSTEM (WITHIN TRACT NO. 29734) 14 Fiber -optic Cable Installation to Fire Station 84 and Library Contract Change Order to Construction Contract with High -Liqht Electric, Inc. for Traffic Signal Interconnect Equipment Installation Project No. PW 04 -05 Approved Staff Recommendation (3- 0-2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 14.1 Approve a Change Order for an amount not to exceed $23,700 to furnish and install additional fiber -optic cable from the Margarita /Pauba Road traffic signal controller to the utility closet in Fire Station 84 and authorize the City Manager to execute the change order. 5 15 Professional GIS Consulting Services to enhance the City of Temecula's GIS Parcel and Centerline Data Layers IS 09 -02 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 15.1 Award a contract to D W Consulting to provide GIS Parcel Date Integrity Updata in the amount of $63,370, and authorize the Mayor to execute the contract. 16 Approval of Pre Qualified Vendor for HP Enterprise systems for the Old Town Civic Center Project No. IS RFQ10 -09 (PH. 2) Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 16.1 Approve the HP vendor, listed below, as Pre Qualified Value Added Reseller with HP channel certifications and eligible to submit bids for HP Enterprise Systems for Phase 2 of the Old Town Civic Center Project; 16.2 Authorize staff to negotiate with Nth Generation Computing Inc. for terms and conditions required to satisfy the computing requirements for the Old Town Civic Center Phase 2 as established in the City's Information Systems Master Plan. 17 Fourth Amendment to Contract with Meyer Associates Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 17.1 Approve the fourth amendment to the agreement with Meyer Associates in the amount of $13,390, plus 10% contingency of $1,339. 18 Second Reading of Ordinance No. 09 -07 Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 18.1 Adopt an ordinance entitled: 6 At 7:53 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:55 P.M., the City Council resumed with regular business. PUBLIC HEARING ORDINANCE NO. 09 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE, REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX 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. 22 Long Range Planning Project Number LR08 -0017, a statutory update of the City of Temecula General Plan Housing Element Approved Staff Recommendation (3 -0 -2) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval of those present with Council Members Comerchero and Roberts absent. RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 09 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2008 -2014 GENERAL PLAN HOUSING ELEMENT UPDATE (LONG RANGE PLANNING PROJECT NO. LR08 -0017) 7 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:14 P.M., the City Council meeting was formally adjourned to Tuesday, November 24, 2009, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 8 Maryann Edwards, Mayor Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November 24, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attomey 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. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,646,101.40. 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 24th day of November, 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 24th day of November, 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 10/29/2009 TOTAL CHECK RUN 731,636.06 11/05/2009 TOTAL CHECK RUN 738,512.29 11/12/2009 TOTAL CHECK RUN 2,297,053.84 10/29/2009 TOTAL PAYROLL RUN: 436,998.05 11/12/2009 TOTAL PAYROLL RUN: 441,901.16 TOTAL LIST OF DEMANDS FOR 11/24/2009 COUNCIL MEETING: 4,646,101.40 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 2,011,029.83 130 RECOVERY ACT JAG FUNDING 617.14 140 COMMUNITY DEV BLOCK GRANT 6,000.00 165 AFFORDABLE HOUSING 58,670.20 190 TEMECULA COMMUNITY SERVICES DISTRICT 458,357.61 192 TCSD SERVICE LEVEL B 76,166.45 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 51,979.55 194 TCSD SERVICE LEVEL D 2,692.94 195 TCSD SERVICE LEVEL R 29,730.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,399.06 197 TEMECULA LIBRARY FUND 23,630.40 210 CAPITAL IMPROVEMENT PROJECTS FUND 774,812.81 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 4,022.00 280 REDEVELOPMENT AGENCY CIP PROJECT 28,172.39 300 INSURANCE FUND 28,807.89 320 INFORMATION SYSTEMS 142,145.55 330 SUPPORT SERVICES 10,239.43 340 FACILITIES 26,064.00 375 SUMMER YOUTH EMPLOYMENT PROGRAM 8,010.22 390 TCSD DEBT SERVICE 3,850.00 460 CFD 88 -12 DEBT SERVICE FUND 5,000.00 477 CFD- RORIPAUGH 259.50 700 CERBT CALIFORNIA EE RETIREE GASB45 4,545.22 001 GENERAL FUND 528,512.48 165 AFFORDABLE HOUSING 22,246 93 190 TEMECULA COMMUNITY SERVICES DISTRICT 211,129.49 192 TCSD SERVICE LEVEL B 288.85 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 9,038.80 194 TCSD SERVICE LEVEL D 2,767.07 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,556.83 197 TEMECULA LIBRARY FUND 802.55 280 REDEVELOPMENT AGENCY CIP PROJECT 8,267.19 300 INSURANCE FUND 2,513.94 320 INFORMATION SYSTEMS 48,084.02 330 SUPPORT SERVICES 10,521.43 340 FACILITIES 18,632.37 375 SUMMER YOUTH EMPLOYMENT PROGRAM 6,727.60 700 CERBT CALIFORNIA EE RETIREE GASB45 6,809.66 3,767,202.19 878,899.21 TOTAL BY FUND: 4,646,101.40 apChkLst Final Check List Page: 1 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check It Date Vendor Description Amount Paid Check Total 1354 10/29/2009 000444 INSTATAX (EDD) State Disability Ins Payment 22,082.60 22,082.60 1355 10/29/2009 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,746.59 76,746.59 1356 10/29/2009 000389 NATIONWIDE RETIREMENT OBRA Project Retirement Payment 2,938.24 2,938.24 SOLUTION 1357 10/29/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,006.70 113,006.70 RETIREMENT) 1358 10/29/2009 000444 INSTATAX (EDD) Unemployment Training Tax 3rd Qtr 2009 15,953.97 15,953.97 1359 10/16/2009 013106 LES BALLETS JAZZ DE Theater:Caisse...Desjardins 10/16 -17 13,950.00 13,950.00 MONTREAL 134730 10/22/2009 008714 ALPHA CORP software licenses /updates:SIRE 3,109.07 3,109.07 134731 10/22/2009 012943 ALPHA MECHANICAL SERVICE HVAC diag inspection svcs:mpsc 240.00 240.00 INC 134732 10/22/2009 000102 AMERICAN FENCE COMPANY fence Iease:TCC expansion proj 829.00 829.00 134733 10/22/2009 004431 AMERICAN PAYROLL INSTITUTE APA regis: #096076:Jorgenson, M. 389.00 389.00 INC 134734 10/29/2009 003951 ALL AMERICAN ASPHALT Dual Right Turn Pech/Tem Pkwy 262,470.20 262,470.20 134735 10/29/2009 012824 ALL PRO DISPLAYS GRAPHICS Banner supplies:eco dev 398.06 398.06 134736 10/29/2009 009374 ALLEGRO MUSICAL VENTURES piano tuning /repair:theater 350.00 350.00 134737 10/29/2009 003821 ALLSTAR FIRE EQUIPMENT Safety Supplies:19 vests:TCC 134738 10/29/2009 004240 AMERICAN FORENSIC NURSES Phlebotomy svcs:police:CHP 158.00 134739 10/29/2009 013253 ANDERSON, MARIE H. Refund Overpmt:Prkg Cite 134740 10/29/2009 012951 APPLIED DEVELOPMENT ECONOMICS r Phlebotomy svcs:police:TE Sep:Quality... Life PIan:Econ Dev 494.87 494.87 197.50 355.50 55.00 55.00 6,474.82 6,474.82 Pagel apChkLst Final Check List Page: 2 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134741 10/29/2009 001323 ARROWHEAD WATER INC Water Svc:After School Pgrm 25.16 25.16 134742 10/29/2009 002648 AUTO CLUB OF SOUTHERN membership:Romine, Larry 47.00 47.00 CALIF 134743 10/29/2009 012938 B T WORKS INC Citywide Concrete Repairs:PW 10,910.70 10,910.70 134744 10/29/2009 008061 BATTERYZONE, INC. Battery Replace:Tcc:Shsgp Grant 399.14 399.14 134745 10/29/2009 004040 BIG FOOT GRAPHICS Logo development:mpsc 150.00 150.00 134746 10/29/2009 004262 810 -TOX LABORATORIES DUI drug lab test svcs:police 343.00 DUI drug lab test svcs:police 838.80 DUI drug lab test svcs:police 1,416.30 2,598.10 134747 10/29/2009 005665 BLACK'S TOWING vehicle towing svcs:Police 190.00 190.00 134748 10/29/2009 008286 BRASGA, CAZI reimb:uniform /safety glasses:CB 86.98 86.98 134749 10/29/2009 004176 BROADWING act:Long distance internet svcs 741.00 741.00 TELECOMMUNICATIONS 134750 10/29/2009 006908 C C COMPANY INC entertainment:dynamite dave:OT 250.00 250.00 134751 10/29/2009 011364 CADOGAN, COLLEEN refund:tiny tots 1045.205 64.00 64.00 134752 10/29/2009 000638 CALIF DEPT OF CONSERVATION 2009 3rd Qtr pmt:strong motion 2,754.61 2,754.61 134753 10/29/2009 007146 CALIFORNIA SENSOR CORP parts Idscp controller:marg median 326.25 Cont. Equip Repair: Wolf Crk Slope 380.63 antenna /cable:harveston slopes 520.06 1,226.94 134754 10/29/2009 007488 CALIPER CORPORATION PW traffic software:info sys 4,175.00 4,175.00 134755 10/29/2009 013257 CAMPOS, VIVIAN refund:sec dep:TCC mpr 10/23/09 150,00 150.00 134756 10/29/2009 011510 CATO GEOSCIENCE INC Prog Pmt #4:Liberty Quarry EIR 3,535.00 3,535.00 134757 10/29/2009 000137 CHEVRON AND TEXACO city vehicles fuel:CM 186.92 186.92 Page2 apChkLst Final Check List Page: 3 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 134758 10/29/2009 004609 CINTAS DOCUMENT doc shred svcs:pd storefront 34.13 MANAGEMENT doc shred svcs:citywide 128.64 162.77 134759 10/29/2009 005417 CINTAS FIRST AID SAFETY first aid supplies:foc /pw maint veh 255.29 255.29 134760 10/29/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 76.00 76.00 134761 10/29/2009 006303 CONDUIT NETWORKS, INC I5 tech:shoretel:citywide Amount Paid Check Total 200.00 200.00 134762 10/29/2009 011692 CONVERGINT TECHNOLOGIES, card reader doors of city hall 310.00 LP card reader doors of city hall 316.00 626.00 134763 10/29/2009 001264 COSTCO WHOLESALE artist hospitality supplies :theater 379.48 379.48 134764 10/29/2009 003986 COZAD FOX INC LLNCert Of Comp: 921 -021- 088/081 1,100.00 1,100.00 134765 10/29/2009 010650 CRAFTSMEN PLUMBING HVAC plumbing svcs:FS #84 197.00 INC HVAC maint:PBSP 162.00 359.00 134766 10/29/2009 012940 CRAWFORD, LILLIAN sttlemnt:Gospel...Merc 10/10 17 '157.50 157.50 134767 10/29/2009 004123 D L PHARES ASSOCIATES Nov storefront lease:police OT 2,763.09 2,763.09 134768 10/29/2009 004417 DISCOUNT SCHOOL SUPPLY Cultural Arts Supplies:C. Museum 246.85 246.85 134769 10/29/2009 004192 DOWNS COMMERCIAL FUELING fuel for City vehicles:Police 72.83 72.83 INC 134770 10/29/2009 011202 E M H SPORTS FITNESS TCSD instructor earnings 546.00 TCSD instructor earnings 308.00 854.00 134771 10/29/2009 011203 ENVIRONMENTAL CLEANING Oct Janitorial Svcs:Var Field Loc 5,315.00 5,315.00 134772 10/29/2009 010804 FEHR PEERS ASSOCIATES 6/27 -7/31 Liberty Quarry EIR 8/1 -8/28 Liberty Quarry EIR 5,138.32 10,222.97 15,361.29 Page3 apChkLst 10/29/2009 Bank union UNION BANK OF CALIFORNIA Check Date Final Check List Page: 4 9:08:52AM CITY OF TEMECULA Vendor 134773 10/29/2009 003347 FIRST BANKCARD CENTER PAYPAL OFFICE DEPOT BUSINESS SVS DIV SYSTIME, INC. OVERSTOCK.COM BARNES AND NOBLE STORE PAYPAL NEW URBAN RESEARCH INC BJ'S RESTAURANTS, INC. BEST BUY COMPANY INC GODADDY.COM INC. OFFICE DEPOT BUSINESS SVS DIV OFFICE DEPOT BUSINESS SVS DIV 134774 10/29/2009 010795 FORECAST PUBLIC ARTWORKS 134775 10/29/2009 010493 FOREST CITY COMMERCIAL MGMT 134778 10/29/2009 010326 G E MOBILE WATER, INC 134779 10/29/2009 003946 G T ENTERTAINMENT 134780 10/29/2009 013254 GEYER, DAVID E. 134782 10/29/2009 001135 HEALTHPOINTE MEDICAL GROUP INC (Continued) Description TT Verisign Payflow Pro Trans TT theater access point TT HP compaq dc7600 TT Li -ion battery Nikon:IS TT MS Ofc system bks:IS TT Verisign Payflow Pro Trans TT map your comm trng:TR 9/18 17 prof mtg 8/18:TT /JR/JD TT misc supplies /tools:IS 17 publish domain name:IS TT printer:Naggar, M. 9/1 77 Printer Rebate:Naggar,M. subscription renewal:Betz, Martin Nov Lease Pmt:Pd Mall Storefront 134776 10/29/2009 000170 FRANKLIN QUEST COMPANY INC Calendar Refills:Ping 134777 10/29/2009 011967 FULL VALUE ENTERTAINMENT sit /emnCLive_.Merc 10/16 Oct S'Diego ops /maint fee:FS #73 Oct Rental Egpt/BtIs:FS #73 Halloween Camival Equip:TCSD Refund OverpmLPrkg Cite 134781 10/29/2009 000177 GLENNIES OFFICE PRODUCTS proj screen /misc supplies:mpsc INC Pre employment screening,srvcs:hr Amount Paid Check Total 171.40 141.35 1,115.00 22.93 129.16 180.60 495.00 34.07 92.40 45.51 456.67 -76.24 2,807.85 24.00 24,00 1,458.33 1,458.33 346.38 346.38 49.00 49.00 57.00 26.10 83.10 300.00 300.00 55.00 55.00 784.05 784.05 25.00 25.00 Page:4 apChkLst Final Check List Page: 5 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134783 10/29/2009 012082 HELIX ENVIRONMENTAL PLANNING 134784 10/29/2009 004811 HEWLETT PACKARD 134785 10/29/2009 013255 I C L E I- LOCAL GOVT 134792 10/29/2009 001282 KNORR SYSTEMS INC (Continued) Description 134786 10/29/2009 012342 INLAND CUTTER SERVICE INC equip repair:paper drill:central svcs 134787 10/29/2009 006914 INNOVATIVE DOCUMENT Sep Copier Maint/Repair:Library 657.67 SOLUTIONS Sep Copier Maint/Repair:Citywide 3,901.45 4,559.12 134788 10/29/2009 006713 INTEGRATED MEDIA SYSTEMS equip maintaudio visual citywide 1,068.00 1,068.00 134789 10/29/2009 003296 INTL CODE COUNCIL '06 int'I resident code bk:b &s 77.25 77.25 134790 10/29/2009 003266 IRON MOUNTAIN OFFSITE Storage /Fees:City:Is Backup Tape 342.55 342.55 134791 10/29/2009 012285 JOHNSTONE SUPPLY hot water pump:CRC 319.45 319.45 various parts:CRC TES pool various parts:CRC TES pool various parts:CRC TES pool 134793 10/29/2009 000209 L M FERTILIZER INC Misc Parts /Supplies:PW Maint 134794 10/29/2009 007188 LAERDAL MEDICAL CORP. HSVR 1st aid video:Medics ACLS provider manual:Medics 134795 10/29/2009 000482 LEIGHTON CONSULTING INC Jul Soils Report:Diaz Prop:RDA Jul -Sep ESA's Ph I: PW CIP Aug -Sep Soils Test:Pech Pkwy Aug -Sep Ot Prkg Infrastructure Amount Paid Check Total Burrowing Owl Study @Paseo Del Sol 931.40 credit:borrowing owl study @Paseo -12.65 918.75 HP Z400 wkstn FX625AV:Theater 1,706.28 1,706.28 2010 Annual Dues:Population 1,200.00 1,200.00 134.73 134.73 99.61 983.18 188.35 12.14 204.40 669.85 2,799.50 6,400.00 686.50 20,268.75 30,154.75 Pages 1,271.14 12.14 874.25 apChkLst Final Check List Page: 6 10/29/2009 9:0B:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134796 10/29/2009 003726 LIFE ASSIST INC 134797 10/29/2009 004087 LOWES INC 134798 10/29/2009 004141 MAINTEX INC 134799 10/29/2009 004307 MARINE BIOCHEMISTS 134800 10/29/2009 010974 MATRIX CONSULTING GROUP User Fee Dif Study:Finance 134801 10/29/2009 007210 MIDORI GARDENS Ldscp srvcs:harveston lake park 233.28 Replace valve:butterf'ield stage park 370.00 603.28 134802 10/29/2009 004951 MIKE'S PRECISION WELDING Welding srvcs:Paseo del Sol pkg lot 4,144.00 4,144.00 INC. 134803 10/29/2009 012580 MINUTEMAN PRESS business cards: J.Thomas 45.37 45.37 134804 10/29/2009 001892 MOBILE MODULAR 10/13 -11/11 modular lease:The Pantry 1,042.91 1,042.91 134805 10/29/2009 009443 MUNYON, DENNIS G. Oct -Dec '09 prkg space lease:old town 2,375.00 2,375.00 134806 10/29/2009 001986 MUZAK SOUTHERN CALIFORNIA Nov Music Broadcast:Old Town 69.11 134807 10/29/2009 004508 NAGGAR, MICHAEL S. (Continued) Description Emerg. Medical Supplies:Medics 1,685.36 Emerg. Medical Supplies:Medics 138-22 Emerg. Medical Supplies:Medics 276.73 Emerg. Medical Supplies:Medics 297.03 Medical Supplies: TCC 1,478.74 Medical Supplies: TCC 809.75 Emerg. Medical Supplies:Medics 1,080.54 Emerg. Medical Supplies:Medics 134.58 Medical Supplies: TCC 491.89 Medical Supplies: TCC 208.27 Medical Supplies: TCC 600.14 Medical Supplies: TCC 413.42 Medical Supplies: TCC 1,585.59 Medical Supplies: TCC 797.53 9,997.79 misc supplies:OT Theater 14.10 14.10 Misc Custodial Supplies:City Fac's 1,125.89 1,125.89 Oct water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 Oct television signal: FOC Sep television signal: FOC Amount Paid Check Total 6,160.00 6,160.00 101.66 101.66 272.43 reimb:Oct '09 Internet services 34.99 34.99 Page6 apChkLst Final Check List Page: 7 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134808 10/29/2009 002925 NAPA AUTO PARTS Equip Repair Maint:PW Maint 21.51 Hardware Supplies:Fire Prevention 22.77 Hardware Supplies:Fire Prevention 19.07 63.35 134809 10/29/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:PW Traffic 167.57 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:PW CIP 36.57 City Vehicle Maint Svcs:PW Land Dev 45.74 304.88 134810 10/29/2009 013198 ORTENZO- HAYES, KRISTINE TCSD Instructor Earnings 472.50 TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 409.50 TCSD Instructor Earnings 472.50 2,268.00 134811 10/29/2009 007638 PARDELL, CHRISTOPHER A. Design srvcs:town square fountain 1,200.00 1,200.00 134812 10/29/2009 004538 PAULEY EQUIPMENT COMPANY Equip Repair Maint:CSD Maint Div 559.97 559.97 134813 10/29/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 169.04 169.04 PROGRAM 134814 10/29/2009 000249 PETTY CASH Petty Cash Reimbursement 540.62 540.62 134815 10/29/2009 010338 POOL ELECTRICAL PRODUCTS pool supplies /chemicals: crc tes pools 236.14 236.14 INC 134816 10/29/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 567.00 567.00 134817 10/29/2009 011009 QUALITY FOAM PACKAGING INC Paramedic supplies 657.39 657.39 134818 10/29/2009 004029 R J M DESIGN GROUP INC Sep dsgn:redhawk parks impry 1,600.10 1,600.10 134819 10/29/2009 000262 RANCHO CALIF WATER DISTRICT Oct:01 -06- 68615 -1 pujol sI 24.49 24.49 134820 10/29/2009 002654 RANCHO FORD LINCOLN auto parts misc suppliesis 84 38.18 MERCURY auto parts misc supplies:fire prey 30.49 auto parts misc supplies:fire prey 137.30 205.97 134821 10/29/2009 013256 RANCHO HEIGHTS ROAD refund:sec dep TCC mpr 10/24/09 150.00 150.00 Page:? apChkLst Final Check List Page: 8 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134822 10/29/2009 000271 RBF CONSULTING Aug Parcel Map:Summerhouse 387.23 387.23 134823 10/29/2009 004584 REGENCY LIGHTING Misc Electrical Supplies:Library 178.92 Misc Electrical Supplies:CRC/T.Museum 226.16 Misc Electrical Supplies:Library 358.88 Misc Electrical Supplies:City Hall 61.86 Misc Electrical Supplies:Library 237.58 Credit:Electrical Supplies:Library 310.11 753.29 134824 10/29/2009 002110 RENTAL SERVICE tool and equip rental: PW Maint 17.31 CORPORATION tool and equip rental: PW Maint 12.24 tool and equip rental: PW Maint 20.56 tool and equip rental: PW Maint 27.05 77.16 134825 10/29/2009 010087 RIGGS RIGGS INC Supplemental appraisal letter: PW CIP 2,500.00 2,500.00 134826 10/29/2009 013170 RINGENBERG, JAMES Performance Theater 11/6/09 1,395.00 1,395.00 134827 10/29/2009 000353 RIVERSIDE CO AUDITOR Sept '09 prkg citation assessments 7,677.00 7,677.00 134828 10/29/2009 009980 SANBORN, GWYN Country the Merc 10/17/09 752.40 752.40 134829 10/29/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Payment 200.00 200.00 134830 10/29/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Payment 100.00 100.00 134831 10/29/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 10/15/09 462.00 462.00 134832 10/29/2009 009746 SIGNS BY TOMORROW "No Pets Allowed" sign:City Hall 22.84 22.84 134833 10/29/2009 004814 SIMON WONG ENGINEERING INC Sept Dsgn:Main Street Bridge /Murr Creek 8,020.98 8,020.98 134834 10/29/2009 004534 SKYTERRA Jul EOC Stn Satellite Phone Svcs 149.26 Aug EOC Stn Satellite Phone Svcs 150.52 Sept EOC Stn Satellite Phone Svcs 146.76 446.54 134835 10/29/2009 000645 SMART FINAL INC Recreation supplies:after school pgrm 68.20 68.20 Pages apChkLst Final Check List Page: 9 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor 134836 10/29/2009 000537 SO CALIF EDISON 134837 10/29/2009 001212 SO CALIF GAS COMPANY Description Oct:2 -27- 371 -8494 Offsite Storage oct:2 -20 -817 -9929 Police O.T. Sin oct:2 -19- 171 -8568 Wedding Chpl oct:2 -28- 331 -4847 Pauba Rd oct:2 -31- 282 -0665 diaz rd ped oct:2 -29- 223 -8607 Old Twn PED oct:2 -21- 981 -4720 Hwy 79S oct:2- 31-419 -2873 hwy -395 oct:2 -14- 204 -1615 Front St Rdio oct:2 -29- 807 -1226 Diaz Rd Irrigation act:2 -02- 351 -4946 MPSC oct:2 -28- 904 -7706 Overland Trail oct:2 -29- 657 -2787 Winchester Rd ocL2 -29- 807 -1093 Irrigation Diaz Rd oc:t2 -29- 807 -1382 Irrigation Meter oct:2 -29- 933 -3831 FOC oct:2 -31- 031 -2616 diaz rd ped oct:091- 085- 1632 -0 T.E.S. Pool oct:129 582 9784 3 FOC sept:184- 130 6150 -0 pujol st oct:125 -244- 2108 -3 Library oct:133- 040- 7373 -0 Maint Fac oct:196- 025 0344 -3 C. Museum oct:026- 671- 2909 -8 Community Thea oct:091 -024- 9300 -5 CRC oct:101 -525- 1560 -6 Fire Stn 73 oct:095- 167 7907 -2 Fire Stn 84 oct: 021 725 -0775 -4 MPSC oct:101 -525- 0950 -0 TCC oct:181- 383 8881 -6 T. Museum 134838 10/29/2009 013104 SOURDOUGH SLIM Performance 11/6 theater 134839 10/29/2009 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:oatc INC pest control srvcs:fs 92 134840 10/29/2009 004282 SOUTHWEST TRAFFIC SYSTEMS Traffic signal equipment: PW Amount Paid Check Total 25.35 245.79 65.55 125.22 20.61 472.45 37.82 19.95 33.74 20.22 1,631.02 176.12 19.95 21.55 19.95 2,108.73 20.04 5,064.06 327.23 36.18 14.47 50.25 29.68 0.93 34.30 1,704.54 60.37 137.76 81.52 15.76 14.23 2,507.22 1,200.00 1,200.00 48.00 42.00 90.00 4,022.00 4,022.00. 134841 10/29/2009 002015 STAR WAY PRODUCTIONS Audio srvcs:rod run 10/9 8 10/10 1,525.00 1,525.00 134842 10/29/2009 003599 T Y LIN INTERNATIONAL Aug Prof Srvcs:W.Bypass Bridge 18,905.84 18,905.84 134843 10/29/2009 012119 TANK SPECIALISTS OF Tank repair: Stn 84 234.49' 234.49 CALIFORNIA Page9 apChkLst Final Check List Page: 10 10/29/2009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134844 10/29/2009 000305 TARGET BANK BUS CARD SRVCS Hospitality supplies:theater 43.46 Hospitality supplies:theater 43.53 Misc supplies:teen events 177.96 Misc supplies:halloween carnival 20.95 285.90 134845 10/29/2009 012265 TEMECULA ACE HARDWARE C/O Misc supplies:var park sites 9.92 Misc supplies:var park sites 39.40 Misc hardware supp: Stn 92 4.15 Misc hardware supp: Stn 92 4.43 57.90 134846 10/29/2009 010679 TEMECULA AUTO Veh repair maint:fre prey 78.25 REPAIR/RADIATOR Veh repair maint:fire prey 69.95 City veh repair maint:csd ford van 389.33 537.53 134847 10/29/2009 010848 TEMECULA PLANTSCAPE Oct plant lease srvcs:Library 200.00 200.00 134848 10/29/2009 009194 TEMECULA VALLEY NEWS Oct advertising:Theater 143.20 143.20 134849 10/29/2009 007636 THERMO ENVIRONMENTAL gas monitor repair: Stn 73 203.87 203.87 134850 10/29/2009 003862 THYSSENKRUPP Oct -Dec elevator maint srvcs:city fac's 2,490.00 2490.00 ELEVATOR.BRNCH 37 134851 10/29/2009 010276 TIME WARNER CABLE oct: high speed internet mpsc 44.95 44.95 134852 10/29/2009 002452 TOP LINE INDUSTRIAL equip repair maint:pw maint 19.59 19.59 134853 10/29/2009 013078 TOROK, LORI A. Performance 10/16 -17/09 theater 200.00 200.00 134854 10/29/2009 004145 TW TELECOM oct:City phones general usage 5,742.23 5,742.23 134855 10/29/2009 002492 U S TOY COMPANY INC Misc supplies:holiday lights pgrm 34.12 34.12 134856 10/29/2009 008517 UNITED SITE SERVICES OF 10/8 -11/4 fence rental:main street 26.64 26.64 CA,INC 134857 10/29/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 Pagel 0 apChkLst Final Check List Page: 11 10/2912009 9:08:52AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor 134858 10/29/2009 004261 VERIZON Description oct:xxx -3526 fire alarm oct:xxx -5696 Sports Complex oct:xxx -2075 general usage oct:xxx -5275 PD DSL oct:xxx -8573 general usage oct:xxx -5706 Field OPS Cntr oct:xxx -2016 reverse 911 oct:xxx -2676 general usage 134864 10/29/2009 000348 ZIGLER, GAIL reimb:tcsd wrkshps 10/20 10/22 Amount Paid Check Total 106.27 35.43 33.22 36.56 35.43 179.55 120.33 35.43 582.22 134859 10/29/2009 012015 VERIZON BUSINESS FIOS oct:internet srvcs: 439.95 oct. Internet srvcs: 42.99 482.94 134860 10/29/2009 010487 WATSON, LUKE reimb:cell phone usage 9/3 -10/2 47.50 47.50 134861 10/29/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:city hall 17.94 Misc custodial supplies oc/c.h. /w.wing 360.70 378.64 134862 10/29/2009 002109 WHITE CAP INDUSTRIES INC Misc maint supplies:PW Maint 121.06 121.06 134863 10/29/2009 004567 WITCHER ELECTRIC Lighting repair:tms ballfield 1,367.60 1,367.60 Grand total for UNION BANK OF CALIFORNIA: 125.82 125.82 731,636.06 Page:11 apChkLst Final Check List Page: 1 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 134865 11/05/2009 009604 12MILESOUT.COM Video Streaming:Info Sys 2,000.00 2,000.00 134866 11/05/2009 003859 ALL ABOUT SELF STORAGE Storage Unit Rental:G702 Rec 1,200.00 1,200.00 134867 11/05/2009 004601 ALL THE KING'S FLAGS POW /MIA flag 40.59 40.59 134868 11/05/2009 012830 ALMARAZ, OLIVIA SERGIO refund:sec dep:crc mpr 10/24/09 150.00 150.00 134869 11/05/2009 013015 ALWAYS RELIABLE BACKFLOW Back0ow Test/Repair:Med /Prks 1,122.00 Back0ow Tesling:Tcc 22.00 back0ow testing:F -03 city hall 44.00 1,188.00 134870 11/05/2009 004240 AMERICAN FORENSIC NURSES Nov Stand -By Fee:Pd 1,200.00 1,200.00 134871 11/05/2009 002187 ANIMAL FRIENDS OF THE '09 Sep animal control services 13,000.00 13,000.00 VALLEYS 134872 11/05/2009 003466 BASKETS BALLOONS TOO! Promo Baskets:Chmbr Bus Expo 246.86 246.86 134873 11/05/2009 013269 BIERLE, SUSAN refund:tennis beg 1407.203 60.00 60.00 134874 11/05/2009 004040 BIG FOOT GRAPHICS Graphic Arts:High Hopes Logo 350.00 350.00 134875 11/05/2009 012583 BLANCA Y PRICE Ldscp Plan Ck/Inspec:Ping 3,800.00 CM:Lndscp pin ck/inspec PA07 -0229 1,300.00 2,500.00 134876 11/05/2009 005384 BOYZ refreshments:city council mtgs 240.34 240.34 134877 11/05/2009 009082 C B C TECHNICAL INC Truss Arch Setup:Youth Art Fest 9/12 754.00 754.00 134878 11/05/2009 009653 C P R S PARK OPERATIONS Cprs Award Fee:Tem. Presents 45.00 45.00 134879 11/05/2009 009653 C P R 5 PARK OPERATIONS CPRS award fee:college voc fair 45.00 45.00 134880 11/05/2009 009653 C P R S PARK OPERATIONS CPRS award fee:Expo 45.00 45.00 134881 11/05/2009 009653 C P R S PARK OPERATIONS CPRS award fee:special games 45.00 45.00 Pagel apChkLst Final Check List Page: 2 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134884 11/05/2009 003138 CAL MAT (Continued) Description 134882 11/05/2009 009653 CPRS PARK OPERATIONS CPRS award fee:Mayor's summer 134883 11/05/2009 009653 C P R 5 PARK OPERATIONS CPRS award fee:guide to leisure Citywide Street Repairs:Pw Citywide Street Repairs:Pw asphalt:citywide street repairs:pw 134885 11/05/2009 013265 CALIF BUILDING 3rd qtr pmt:SB1473 2009 134886 11/05/2009 001054 CALIF BUILDING OFFICIALS Calbo Educ Wk:B8S 11/16 -20 134887 11/05/2009 004248 CALIF DEPT OF JUSTICE- Sep Blood /Alcohol Analysis:Pd ACCTING 134888 11/05/2009 000933 CALIF DEPT OF dep:state inspect land improv TRANSPORTATION 134889 11/05/2009 001590 CALIF REDEVELOPMENT ASSN legal fees:CRA vs State of CA Amount Paid Check Total 45.00 45.00 45.00 45.00 93.58 135.94 213.15 442.67 1,062.00 1,062.00 2,850.00 2,850.00 1,015.00 1,015.00 8,200.00 8,200.00 7,500.00 7,500.00 182.55 182.55 134890 11/05/2009 004971 CANON FINANCIAL SERVICES, Oct copier lease agreemnt:Fire INC 134891 11/05/2009 013271 CAROLYN DALTON BANDAL Refund:Eng Dep:Apn #922 024 -013 995.00 995.00 134892 11/05/2009 013268 CAVANESS, BRADY refund:little learners 2030.204 112.00 112.00 134893 11/05/2009 012848 CHRISTOPHER R MORALES INC rel. of reLaraffic signal:PW07 -09 34,621 11 34,621.11 134894 11/05/2009 005417 CINTAS FIRST AID SAFETY first aid kit supplies:city hall 128.92 128.92 134895 11/05/2009 012627 CLEAR IMAGE ENTERPRISES INC WINDOW CLEANING: LIBRARY 2,400.00 2,400.00 134896 11/05/2009 013210 COMODO CA LTD 1yr Subs:Hackerproof Web Security 1,000.00 1,000.00 134897 11/05/2009 009969 COMPUCOM SYSTEMS INC Ms Software Licenses:Is 66,949.62 66,949.62 134898 11/05/2009 002945 CONSOLIDATED ELECTRICAL Misc Electsupplies:Var Park Sites 220.76 220.76 DIST. Page2 apChkLst Final Check List Page: 3 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134899 11/05/2009 012353 CONSTRUCTION TESTING 134900 11/05/2009 006662 COPIES MORE 134901 11/05/2009 012940 CRAWFORD, LILLIAN 134903 11/05/2009 003272 DAISY WHEEL RIBBON COMPANY INC 134904 11/05/2009 001393 DATA TICKET INC 134905 11/05/2009 012600 DAVID EVANS ASSOCIATES INC 134906 11/05/2009 002990 DAVID TURCH ASSOCIATES 134907 11/05/2009 007057 DERNBACH, ESTHER MARIE (Continued) Description Sep Geotech Svc:Ot Civic Ctr promo items:eco dev postcards sttlmnt:Gospel...Merc 10/24 134902 11/05/2009 011870 CRIME SCENE STERI CLEAN, LLC Trauma Clean- Up:Pd:Te09289188 Plotter Supplies Ink: Gis Sep parking cite processing:police 8/30 9/26/09 Design Eng:Liefer Rd Aug -Sep Federal Lobbyist Svc:Cm TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 134908 11/05/2009 000684 DIEHL EVANS COMPANY LLP regis fee '09 govt tax sem:JC 12/9 134909 11/05/2009 009833 DISNEYLAND RESORTS high hopes trip 2- 21- 10:tcsd 134910 11/05/2009 013267 ECONOMIC DEVELOPMENT 2009 solar power intl tradeshow AGENCY 134911 11/05/2009 005115 ENTERPRISE RENT A CAR INC van rental:summer day camp 8/4 van rental:summer clay camp 8/11 134912 11/05/2009 012630 ERICKSON -HALL CONSTRUCTION CO 134913 11/05/2009 004310 FEDEX GROUND INC 134914 11/05/2009 010804 FEHR PEERS ASSOCIATES TCC expansion:pw cip Sep Express Mail Service 5/30 8/28/09 Ot Prkg Mgmt Plan Amount Paid 42,314.00 481.76 115.50 500.00 1,061.61 1,729.75 322.92 7,000.00 210.00 157.50 315.00 420.00 490.00 275.00 2,460.00 2,100.00 108.74 122.46 49,458,74 414.09 Check Total 42,314.00 481.76 Page3 115.50 500.00 1,061.61 1,729.75 322.92 7,000.00 1,592.50 275.00 2,460.00 2,100.00 231.20 49,458.74 414.09 463.10 463.10 apChkLst Final Check List Page: 4 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA 134916 11/05/2009 007659 FIRST AMERICAN TITLE INSURANCE 134922 11/05/2009 007866 G C S SUPPLIES INC (Continued) title reports:922- 210 -011 pw cip title reports:922- 110- 032:pw cip title reports:922- 210- 057:pw cip title reports:922- 110- 030:pw cip Check if Date Vendor Description Amount Paid 134915 11/05/2009 003174 FIREHOUSE MAGAZINE 1 yr Periodical:Fire:MacAdam, B. 29.95 title reports 922 110 -021 :pw cip 750.00 750.00 750.00 750.00 750.00 134917 11/05/2009 003347 FIRST BANKCARD CENTER PAYPAL HP restaurant equip 10/6 107.28 MEETING SERVICES INC HP prof mtg:san diego 10/19 326.25 ONTARIO AIRPORT Rr Prkg Nlc Trans Infra Mtg 10/1 72.00 HILTON Rr Htl:Nlc Trans Infra Mtg 10/2 364.12 FRONT STREET BAR GRILL GY Rfrshmnts:tcc pres emerg mgmt 10/6 134.15 MARIE CALLENDER Gy Union Mtg:Bg,Mv,Jg,Gy 10/14 31.87 RESTAURANT 25 GOVERNMENT FINANCE GR GFOA class regis 2/4/2010 85.00 OFFICERS GOVERNMENT FINANCE Gr Annual Budget Doc Bk:Hs 9/30 49.09 OFFICERS PAYPAL GR verisign paynow pro trans 59.95 134923 11/05/2009 013076 GAUDET, YVONNE M. TCSD instructor earnings ink/toner cartridges:info sys 380.63 ink/toner cartridges:info sys 1,133.48 134924 11/05/2009 009608 GOLDEN VALLEY MUSIC sttlmnt:Classics...Merc 10/4,12,25 SOCIETY 770.00 Check Total Page:4 29.95 3,750.00 ROBERTS, RONALD H. RR credit:Hertz car rental 10/16 -3.11 1,226.60 134918 11/05/2009 013270 FIRST PACIFIC refund:eng dep /PM24085 995.00 995.00 134919 11/05/2009 011982 FLOATASIA PARADE FLOAT mist supplies:light parade float 1,907.49 1,907.49 COMPANY 134920 11/05/2009 009097 FULL COMPASS SYSTEMS Misc Supplies:Theater 206.55 206.55 134921 11/05/2009 011967 FULL VALUE ENTERTAINMENT sttlemnt:Live...Merc 10/23 234.50 234.50 1,514.11 770.00 487.90 487.90 apChkLst Final Check List Page: 5 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134925 11/05/2009 013180 GROGG, JEFF AND LISA Release Claim Agreemnt Pmt:09 -669 3,270.30 3,270.30 134926 11/05/2009 000520 H D L COREN CONE INC 2008 -09 CAFR slats rpts pkg 495.00 495.00 134927 11/05/2009 013263 HALL, MICHAEL refund:library:the peoples tycoon 30.00 30.00 134928 11/05/2009 012954 HANEY..JOHN THOMAS Sep plan review svcs: B &S 3,195.82 CM:no rev_ processed act B06 -2196 127.50 Sep plan review svcs: B &S 3,567.73 CM:prev billed rev. B09 -0857 127.50 Sep plan review svcs: B &S 84.59 Sep plan review svcs: B &S 4,007.93 CM:dupl bills 609 -0857 9/8,9/14 212.50 10,388.57 134929 11/05/2009 001135 HEALTHPOINTE MEDICAL ee first aid care:J.W. 70.00 70.00 GROUP INC 134930 11/05/2009 002126 HILLYARD FLOOR CARE SUPPLY Crc Gym Floor Renovation 3,265.43 3,265.43 134931 11/05/2009 007792 HINTON, BEVERLY L. TCSD instructor earnings 64.40 64.40 134932 11/05/2009 004406 IGOE COMPANY INC Jan 2010 Flex benefit plan pmt 300.00 Oct flex benefit plan pmt 318.00 Oct flex benefit plan pmt -6.00 612.00 134933 11/05/2009 013249 JOHNSON, GORDON LEE perf:Erle Stanley Gardner mpsc 11/7 250.00 250.00 134934 11/05/2009 013266 KING, MELVIN J Refund:Eng Dep:Apn957- 090 -014 11,000.00 11,000.00 134935 11/05/2009 001282 KNORR SYSTEMS INC various parts:CRC TES pool 99.61 various parts:CRC TES pool 350.95 450.56 134936 11/05/2009 008087 L M TIRE COMPANY, INC refund:eng dep: PM28384 lot 7 995.00 995.00 134937 11/05/2009 011910 L H ENGINEERING COMPANY INC rel ret:OT infrastructure proj 185,539.67 stop notice:Walters Whsl /OT infra 79,285.17 106,254.50 134938 11/05/2009 001085 L N CURTIS SONS Fire rescue equip supplies 14.95 Fire rescue equip supplies 26.10 41.05 134939 11/05/2009 004051 L 0 R GEOTECHNICAL GROUP Rancho Cal Pave Rehab:Pw06 -14 8,507.50 INC Cm:Rancho Cal Pave Rehab 320.00 8,187.50 Pages apChkLst Final Check List Page: 6 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid 134940 11/05/2009 000482 LEIGHTON CONSULTING INC DM:OT prkg infra:PW06 -07 (10) 6,629.28 134941 11/05/2009 004312 LENNAR COMMUNITIES Refund:Eng Dep:Tm 32104 995.00 refund:eng dep:TM 30669 -1 995.00 refund:eng dep:TM 29928 995.00 refund:eng dep:TM32437 995.00 refund:eng dep:TM30088 995.00 134942 11/05/2009 013246 LOWE, SHEILA R. perf:Erle Stanley Gardner mpsc 11/7 250.00 134954 11/05/2009 010990 MOORE IACOFANO GOLTSMAN Sept Youth Master Plan: Csd INC Check Total 134943 11/05/2009 004813 M J PAUL ENTERPRISES INC Inflatible bounce:harvest carnival 780.00 780.00 134944 11/05/2009 013277 MA TEMEKU HILLS refund:eng dep:TM 23371 995.00 995.00 134945 11/05/2009 000217 •MARGARITA OFFICIALS ASSN Oct officiating srvcs:csd sports pgrms 4,760.00 4,760.00 134946 11/05/2009 013247 MARR, JILL J. Entertainment:Erle Stanley Gardner 11/7 250.00 250.00 134947 11/05/2009 000220 MAURICE PRINTERS INC Stationary:city 20 yr anniv 613.35 613.35 134948 11/05/2009 013274 MCCAIN, KEITH refund:eng dep:PM 22515 1,056.00 1,056.00 134949 11/05/2009 005684 MEREDITH, MARILYN Performance:Erle Stanley Gardner 11/7 250.00 250.00 134950 11/05/2009 007210 MIDORI GARDENS Mainline repairs:Redhawk Park 10/6 75.46 Mainline repairs:vail ranch park 9/21 293.52 Mainline repairs:Community Park 10/1 289.40 Mainline repairs:pbsp 9/14 318,26 mainline repairs:butter0eld stage prk 233.80 1,210.44 134951 11/05/2009 004951 MIKE'S PRECISION WELDING Welding srvcs:Light Poles Sta 73 60.00 60.00 INC. 134952 11/05/2009 001868 MIYAMOTO JURKOSKY, SUSAN TCSD Instructor Earnings 415.80 A. TCSD Instructor Earnings 415.80 831.60 134953 11/05/2009 001892 MOBILE MODULAR 10/25 -11/23 modular bldg rental:OATC 619.88 619.88 1,180.79 1,180.79 Pages 6,629.28 4,975.00 250.00 apChkLst Final Check List Page: 7 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 134955 11/05/2009 012757 MUND, KELLEY ROSE 134967 11/05/2009 000271 RBF CONSULTING (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings L TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 134956 11/05/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children's museum DIV Amount Paid Check Total 122.50 35.00 52.50 35.00 52.50 210.00 507.50 4.48 4.48 134957 11/05/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:TCSD 55.00 CITY VEHICLE MAINT SVCS:CITY MGR 32.57 City Vehicle Maint Svcs:Bldg Safety 116.36 City Vehicle Maint Svcs:TCSD 55.00 City Vehicle Maint Svcs:TCSD 55.00 313.93 134958 11/05/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:children's museum 56.86 INC Misc supplies:recreation pgrm 30.95 87.81 134959 11/05/2009 012833 PC MALL GOV, INC. Ink toner cartridges:info sys 6,373.02 6,373.02 134960 11/05/2009 000249 PETTY CASH Petty Cash Reimbursement 364.58 364.58 134961 11/05/2009 011660 PLANNET CONSULTING Sep audio /visual consulting:civic center 1,895.00 Sept srvcs:O.T.Sound System Retrofit 495.00 2,390.00 134962 11/05/2009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 94.50 94.50 134963 11/05/2009 012689 POTTY TOTS LLC TCSD Instructor Earnings 79.80 79.80 134964 11/05/2009 011549 POWER SPORTS UNLIMITED City veh repair maint:police 191.80 191.80 134965 11/05/2009 010438 PREECE, ROBERT Entertainment:Erie Stanley Gardner 11/7 250.00 250.00 134966 11/05/2009 000262 RANCHO CALIF WATER DISTRICT oct:01 -02- 02001 -0 rancho vista rd 443.97 oct:01 -02- 98000 -0 pauba rd 14.87 oct:01 -02- 98010 -0 pauba rd 449.10 Various Water Meters 42,216.70 43,124.64 Aug eng srvcs:I- 15/79S Ult. Intrchg 61,843.20 AUG PROF SRVCS:I- 15/79S ULT. 471.14 62,314.34 Page:? apChkLst Final Check List Page: 8 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description 134976 11/05/2009 005119 ROCKHURST UNIV CONTINUING mgmt skills trng 12/2 D.Ball /S.Seng EDUC Amount Paid Check Total 134968 11/05/2009 004584 REGENCY LIGHTING Misc electrical supplies:foc/parks /fire 340.52 credit:items retumed /city hall 147.40 misc electrical supplies:city hall 147.40 Misc electrical supplies:var park sites 37.87 Misc electrical supplies:var park sites 170.26 Misc electrical supplies:theater 46.95 595.60 134969 11/05/2009 002412 RICHARDS WATSON GERSHON Sept 2009 legal services 128,701.85 128,701.85 134970 11/05/2009 013275 RILLINGTON COMMUNITIES refund:eng dep:TM25892 995.00 995.00 134971 11/05/2009 013138 RISCH, VICKI G. TCSD Instructor Earnings 47.60 47.60 134972 11/05/2009 000418 RIVERSIDE CO CLERK NOD:Housing Element Update 2,057.00 2,057.00 RECORDER 134973 11/05/2009 000406 RIVERSIDE CO SHERIFFS DEPT Sept '09 booking fees 1,318.68 1,318.68 134974 11/05/2009 000406 RIVERSIDE CO SHERIFFS DEPT Trff Collision Investigation 11/30 -12/4 182.00 182.00 134975 11/05/2009 013248 ROBBINS, BETTY JANE Entertainment:Ede Stanley Gardner 11/7 250.00 250.00 38390 383.90 134977 11/05/2009 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 525.00 TCSD Instructor Eamings 924.00 TCSD Instructor Eamings 885.50 2,334.50 134978 11/05/2009 000277 S S ARTS CRAFTS INC Misc supplies:Parent and Me pgrm 142.87 142.87 134979 11/05/2009 005630 SADDLEBACK MATERIALS CO., Sand bags:pw maint 1,168.79 1,168.79 INC 134980 11/05/2009 009980 SANBORN, GWYN Country the Merc 10/24/09 397.50 397.50 134981 11/05/2009 009213 SHERRY BERRY MUSIC Jazz the Mere 10/22/09 241.50 241.50 134982 11/05/2009 009746 SIGNS BY TOMORROW SIGN SRVCS:LIGHT PARADE FLOAT 425.21 425.21 Paget{ apChkLst Final Check List Page: 9 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 134983 11/05/2009 004534 SKYTERRA Oct EOC Stn Satellite Phone Svcs 146.44 146.44 134984 11/05/2009 000645 SMART FINAL INC Recreation supplies:mspc 134985 11/05/2009 000537 50 CALIF EDISON 134986 11/05/2009 008141 SOUTHWESTERN ASSN fy 09/10 mbrshp:Dep. Grip /Dep. Joyner TECHNICAL 134987 11/05/2009 001546 STRAIGHT LINE GLASS Window glass repair:harveston park 134988 11/05/2009 012188 STRONG FAMILIES TCSD Instructor Earnings 134989 11/05/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 134990 11/05/2009 000305 TARGET BANK BUS CARD SRVCS Recreation supplies:childrens museum 134991 11/05/2009 010679 TEMECULA AUTO REPAIR/RADIATOR 134992 11/05/2009 011736 TEMECULA TROPHY INC 134993 11/05/2009 003941 TEMECULA WINNELSON COMPANY (Continued) oct:2 -30 -520 -4414 temecula pkwy oct:2 -31- 936 -3511 pechanga pkwy oct:2 -28- 629 -0507 Library oct:2 -02 -502 -8077 Maint Fac oct:2 -00- 397 -5067 various mtrs oct:2 -29- 224 -0173 Fire Stn oct:2 -29- 295 -3510 Wolf Vlly oct:2- 31-404 -6020 old town oct:2 -29- 657 -2332 Redwood Rd PED oct:2 -00- 397 -5042 City Hall oct:2 -29- 953 -8447 Wlf Vlly Rd PED oct:2 -25- 393 -4681 TES Pool oct:2 -18- 937 -3152 T.Museum oct:2 -29- 953 -8082 Wolf Valley oct:2 -29- 953 -8249 Wolf Crk Dr PED oct:2- 29-458 -7548 Wolf Crk PED Misc supplies:high hopes pgrm 91.27 Misc supplies: F.I.T. 5K /10K pgrm 43.40 196.44 City veh repair mainLfire prey 975.58 City veh repair maint:csd 676.78 1,652.36 Signs: lobby information boards 76.13 76.13 plumbing supplies: crc /city hall 191.61 plumbing supplies: crc plumbing supplies: var parks 93.76 93.76 450.25 65.66 7,205 -02 1,694.68 1,944.34 2,415.47 1,197.36 1,590.32 21.40 6,245.20 21.40 532.83 989.85 24.79 21.36 249.90 24,669.83 180.00 180.00 322.30 322.30 42.00 42.00 199.50 199.50 61.77 10.98 108.75 311.34 Page9 apChkLst Final Check List Page: 10 11/05/2009 3:44:24PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 134994 11/05/2009 011403 TEMECURICH LLC Refund:Eng Dep:Apn921- 810 -026 995.00 995.00 134995 11/05/2009 003849 TERRYBERRY COMPANY Employee recognition: HR 474.68 474.68 134996 11/05/2009 010276 TIME WARNER CABLE NOV HIGH SPEED INTERNET 58.29 58.29 134997 11/05/2009 002452 TOP LINE INDUSTRIAL equip repair 8 maint:pw maint 5.71 5.71 134998 11/05/2009 005460 U S BANK Trustee Admin Fees:Cops 2001 3,850.00 3,850.00 134999 11/05/2009 004261 VERIZON oct:xxx -0049 general usage 35.43 oct:xxx -1999 general usage 40.72 76.15 135000 11/05/2009 013272 WILLIAM LYON refund:eng dep:TM 31898 refund:eng dep:TM32169 refund:eng dep:TM32169 refund:eng dep:TM32169 refund:eng dep:TM32170 135001 11/05/2009 013276 YNEZ PARTNERS refund:eng dep:PM27545 135002 11/05/2009 003776 ZOLL MEDICAL CORPORATION Battery Replacement: Sta 92 Grand total for UNION BANK OF CALIFORNIA: 995.00 995.00 995.00 995.00 995.00 4,975.00 2,112.00 2,112.00 379.62 379.62 738,512.29 Page:10 apChkLst Final Check List Page: 1 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor INC Description hvac repair: crc hvac repair: crc 135008 11/12/2009 004240 AMERICAN FORENSIC NURSES DUI drug screenings: Police DUI drug screenings: Police Dec Stand By Fee: Police Amount Paid Check Total 1360 11/12/2009 000245 PERS HEALTH INSUR PREMIUM Blue Shield HMO Payment 0.00 PERS Health Admin Cost Payment 56,719.05 56,719.05 1361 11/12/2009 000444 INSTATAX (EDD) State Disability Ins Payment 25,021.75 25,021.75 1362 11/12/2009 000283 INSTATAX (IRS) Federal Income Taxes Payment 80,012.74 80,012.74 1363 11/12/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 1,132.68 1,132.68 1364 11/12/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,677.74 2,677.74 SOLUTION 1365 11/12/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,607.99 16,607.99 SOLUTION 1366 11/12/2009 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 9,098.92 9,098.92 1367 11/12/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,604.22 113,604.22 RETIREMENT) 135003 11/12/2009 003552 AFLAC AFLAC Cancer Payment 3,124.98 3,124.98 135004 11/12/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 880.00 880.00 135005 11/12/2009 009033 ALLEN STEVEN L. Oct Photography Svc: Tcsd 300.00 300.00 135006 11/12/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental:SAFE grand opening 151.30 151.30 135007 11/12/2009 012943 ALPHA MECHANICAL SERVICE a/c maint: crc aquatic office 281.43 200.00 221.75 703.18 306.50 652.00 1,200.00 Pagel 2,158.50 apChkLst Final Check List Page: 2 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description 135009 11/12/2009 001323 ARROWHEAD WATER INC Bottled wtr svcs: TES Pool 6.51 Bottled wtr svcs: CHS Pool 159.34 Bottled wtr svcs: CM 30.23 Bottled wtr svcs: Maint Facility 168.94 Bottled wtr svcs: PBSP 43.48 Bottled wtr svcs: CH 429.00 Bottled wtr svcs: Fld Op Ctr 271.95 Bottled wtr svcs: Library 55.07 Bottled wtr svcs: Theater 35.12 Bottled wtr svcs: TCC 21.37 Bottled wlr svcs: Ch Museum 27.88 Bottled wtr svcs: Skate Park 8.69 Bottled wlr svcs: TV Museum 18.09 Bottled wtr svcs: VRMS Pgrm 33.85 Bottled wtr svcs: CRC 51.08 1,360.60 135010 11/12/2009 004757 AUTO MALL COLLISION CENTER 05 425 truck repairs: B &S 905.11 905.11 135011 11/12/2009 012583 BLANCA Y PRICE 11/3 -6 Ldscp Pln Ck /Insp: Planning 1,525.00 1,525.00 135012 11/12/2009 010576 BOYS GIRLS CLUB OF booth fee:Halloween Carnival 10/30 150.00 150.00 135013 11/12/2009 005384 BOYZ refreshments:quarry lunch mtg 174.00 174.00 135014 11/12/2009 000128 BROWN BROWN OF CALIF INC add'I auto ins truck #7473 2/09 -10 92,00 92.00 135015 11/12/2009 009082 C B C TECHNICAL INC light rental: teen dance 11/13 135016 11/12/2009 006908 C C COMPANY INC entertainment:harvest carnival Dj Svcs: High Hopes 10th Annv 135017 11/12/2009 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials 135018 11/12/2009 011510 CATO GEOSCIENCE INC Oct Review:Liberty Quarry Eir 135019 11/12/2009 000137 CHEVRON AND TEXACO City vehicles fuel: Police 135020 11/12/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment Amount Paid Check Total 198.88 198.88 150.00 125.00 281.01 813.56 819.63 1,347.00 1,497.34 101.00 101.00 Page2 275.00 1,914.20 1,347.00 1,497.34 apChkLst Final Check List Page: 3 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 135021 11/12/2009 012293 CORNER SQUARE GROUP space rental:Teen Dance 11/14 700.00 700.00 135022 11/12/2009 013016 CR STUDIO 4 TCSD Instructor Earnings 500.50 TCSD Instructor Earnings 364.00 864.50 135023 11/12/2009 012940 CRAWFORD, LILLIAN sttlmnf Gospel Merc 10/31 252.00 252.00 135024 11/12/2009 013278 DELUXE DIGITAL MEDIA MGMT 82 tickets:High Hopes 1/21/10 INC 135025 11/12/2009 008943 DEPT OF GENERAL SERVICES May citation hearings: Police 310.75 (DGS) 135026 11/12/2009 002701 DIVERSIFIED RISK/HUB INTL Oct special events premiums 135027 11/12/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,224.78 INC 135029 11/12/2009 001056 EXCEL LANDSCAPE (Continued) Jun citation hearings: Police Jul citation hearings: Police Aug citation hearings: Police Sept citation hearings: Police Fuel for City vehicles: B &S Fuel for City vehicles: PW Lnd Dv Fuel for City vehicles: PW Maint Fuel for City vehicles: PW CIP Fuel for City vehicles: Police Fuel for City vehicles: Code Enf Fuel for City vehicles: PW Traffic Fuel for City vehicles: CC /IS 135028 11/12/2009 003665 EXCEL COMMERCIAL Oct long distance phone svcs Sept Landscape Svc: Sports Parks 43,040.00 Sept Landscape Svc: Medians irrigation repair:Winchester Creek mainline repairs: Serena Hills irrigation repair: Vail Rnch Pkwy mainline repairs: Villages mainline repairs: rdhwk medians mainline repairs: rdhwk medians mainline repairs: 795 medians mainline repairs: DePortola 2,470.00 2,470.00 2,543.75 2,010.25 5,555.00 2,002.00 2,284.58 413.07 395.92 1,036.82 238.38 104.79 536.82 241.74 62.09 54.50 54.50 16,487.00 301.36 120.50 115.50 342.84 50.52 101.04 177.44 47.17 60,783.37 135030 11/12/2009 000206 FEDEX KINKOS INC paper supplies: Council 138.66 138.66 Page3 12,421.75 2,284.58 4,254.41 apChkLst Final Check List Page: 4 11/12/2009 2 :39 :34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check it Date Vendor Description Amount Paid Check Total 135031 11/12/2009 001511 FIELDMAN ROLAPP 8 Sep Financial Srvcs:Roripaugh Cfd 03 -02 145.00 145.00 ASSOCIATES 135032 11/12/2009 003747 FINE ARTS NETWORK sttlmnt: Sweeney Todd Oct '09 5,094.39 5,094.39 135033 11/12/2009 007659 FIRST AMERICAN TITLE 922 210 -062 title rpt: PW CIP 750.00 750.00 INSURANCE 135034 11/12/2009 003946 G T ENTERTAINMENT Mc Svcs: Family Skate Night 9/18 150.00 150.00 135035 11/12/2009 013281 GERDES, DAREN refund: VICR fee TE092830044 116.00 116.00 135036 11/12/2009 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Finance 101.56 INC Office Supplies: Info Sys 44.66 Office Supplies: B8S 247.62' Office Supplies: CRC 80.54 Office Supplies: Yth Emp Wkshp 26.51 Office Supplies: Planning 193.26 Office Supplies: City Clerk 369.53 Office Supplies: Records Mgmt 64.98 Office Supplies: Theater 91.98 1,220.64 135037 11/12/2009 011880 GLOBALSTAR INC 9/16 -10/15 EOC satellite svc:CM 37.57 37.57 135038 11/12/2009 005311 H2O CERTIFIED POOL WATER Oct pool maint svcs: CRC/TES 900.00 900.00 SPCL. 135039 11/12/2009 000186 HANKS HARDWARE INC Hardware supplies: Library Hardware supplies: Harveston Hardware supplies: Ch Museum Hardware supplies: Ch Museum Hardware supplies: Old Town Hardware supplies: Aquatics Hardware supplies: TV Museum Hardware supplies: TCC Hardware supplies: MPSC Hardware supplies: B8S Hardware supplies: PW Traffic Hardware supplies: PW Maint Hardware supplies: Info Sys 135040 11/12/2009 000963 HOGAN, DAVID Retirement Medical Payment 135041 11/12/2009 003624 HOWELL, ANN MARIE Graphic Design Svcs: Econ Dev 41.27 29.18 16.85 143.23 258.42 22.10 163.43 22.33 193.48 17.39 477.75 145.04 28.86 1,559.33 699.00 699.00 360.00 360.00 Page4 apChkLst Final Check List Page: 5 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135042 11/12/2009 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 7,277.71 7,27771 303355 135043 11/12/2009 010766 INLAND VALLEY YOUTH sttlmnt: performance 11/5/09 336.86 336.86 SYMPHONY 135044 11/12/2009 006924 INTL MUNICIPAL SIGNAL ASSOC. 09/10 IMSA: Uribe /Beardshear 140.00 140.00 135045 11/12/2009 001186 IRWIN, JOHN TCSD instructor earnings 151.90 TCSD instructor earnings 686.00 TCSD instructor earnings 980 -00 1,817.90 135046 11/12/2009 010428 ITS A DOGS WORLD K -9 TCSD Instructor Earnings 900.90 900.90 ACADEMY 135047 11/12/2009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00 135048 11/12/2009 013283 JOB'S DAUGHTERS #187 booth fee:Halloween Carnival 10/30 150.00 150.00 135049 11/12/2009 013282 KLUMPP, JANICE refund: VICR fee TE092830043 116.00 116.00 135050 11/12/2009 011910 L H ENGINEERING COMPANY INC release stop ntc: Walters Electric 79,285.17 79,285.17 135051 11/12/2009 003975 LAWRENCE, JEFF reimb: wireless microphone system 97.98 97.98 135052 11/12/2009 004905 LIEBERT, CASSIDY WHITMORE Sept HR legal svcs for TE060 -09 3,063.50 Aug HR legal svcs for TE060 -09 5,010.55 8,074.05 135053 11/12/2009 013284 LIONS CLUB OF TEMECULA booth fee:Halloween Carnival 10/30 150.00 150.00 135054 11/12/2009 010974 MATRIX CONSULTING GROUP User Fee Dif Study:Finance 3,150.00 3,150.00 135055 11/12/2009 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 135056 11/12/2009 006571 MELODY'S AD WORKS INC. marketing promo svcs:OT 135057 11/12/2009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 735.00 630.00 224.00 3,500.00 8,012.52 8,012.52 Pages 1,589.00 3,500.00 apChkLst Final Check List Page: 6 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 135058 11/12/2009 009541 MEYER AND ASSOCIATES Jul dsgn srvcs:tcc expansion Aug dsgn srvcsicc expansion 135059 11/12/2009 007210 MIDORI GARDENS Oct Ldscp maint svc:var parks 70,105.00 mainline repairs:vail ranch prk 175.38 mainline repairs:sam hicks prk 29.46 135060 11/12/2009 012962 MILLER, MISTY TCSD Instructor Earnings 710.50 135061 11/12/2009 012580 MINUTEMAN PRESS DIV window /return envelopes:Finance Dept business cards:P. Espinoza misc printing: b8s dept Printing services:Planning Dept business cards:G Wolnick 135073 11/12/2009 006721 OFFICEMAX INCORPORATED Library cards:library Amount Paid Check Total 2,500.00 7,450.00 1280.23 45.37 99.84 177.30 118.05 9,950.00 70,309.84 710.50 1,720.79 135062 11/12/2009 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 672.00 TCSD Instructor Earnings 588.00 1,260.00 135063 11/1212009 011329 MOGHADAM, ALI Retirement Medical Payment 654.72 654.72 135064 11/12/2009 000883 MONTELEONE EXCAVATING storm drain installation:Liefer rd 29,730.00 29,730.00 135065 11/12/2009 004586 MOORE FENCE COMPANY fence repair:crowne hiII:TEO9223038 966.38 966.38 135066 11/12/2009 004238 MURRIETA, CITY OF State /Comm. Addr:ME /AA/GY /BJ 11/18 100.00 100.00 135067 11/12/2009 005006 NBS GOVERNMENT FINANCE 88 -12 revenue reimb srvcs:finance 5,000.00 5,000.00 GROUP 135068 11/12/2009 000233 NELSON, SHAWN reimb: Oct interne) services 44.99 44.99 135069 11/12/2009 013208 NIGHTHAWK ENTERPRISES INC Res Impry Prgm: A. Pender (Cockrell) 1,074.00 1,074.00 135070 11/12/2009 002139 NORTH COUNTY TIMES annual subscription:Theater 126.00 126.00 135071 11/12/2009 009570 0 C B REPROGRAPHICS Oct Blueprint Srvcs:Cip Prjts 177.46 177.46 135072 11/12/2009 003964 OFFICE DEPOT BUSINESS SVS misc ofc supplies:central svcs 129.23 129.23 7,068.75 7,068.75 Pages apChkLst Final Check List Page: 7 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135074 11/12/2009 002105 OLD TOWN TIRE SERVICE vehicle maint repair: csd 55.00 vehicle maint repair: csd 55.00 110.00 135075 11/12/2009 001171 ORIENTAL TRADING COMPANY mist supplies:tiny tot pgrm 83.29 83.29 INC 135076 11/12/2009 010906 P C R SERVICES CORPORATION Oct Air Quality Consulting:Planning 5.012.50 Sep Air Quality Consulting:Planning 8,092.50 13,105.00 135077 11/12/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 169.04 169.04 PROGRAM 135078 11/12/2009 002498 PETRA GEOTECHNICAL INC Sep deportola pavement rehab 352.50 352.50 135079 11/12/2009 000253 POSTMASTER Oct Express mail postal svcs 34.97 34.97 135080 11/12/2009 002185 POSTMASTER p.o. box renewal fee:Police 390.00 390.00 135081 11/12/2009 005820 PRE -PAID LEGAL SERVICES INC PrePaid Legal Services Payment 460.35 460.35 135082 11/12/2009 004529 QUAID TEMECULA HARLEY- veh repair maint:pd motorcycles 1,147.01 1,147.01 DAVIDSON 135083 11/12/2009 000262 RANCHO CALIF WATER DISTRICT var water meters:pechanga pkwy 31.45 Oct Various Water Meters Fire Stns Oct 01- 06- 57331 -0 Town Square Oct Various Water Meters PW Oct 01- 06- 57332 -0 Town Square Oct 01 -08- 97011 -0 Wolf Creek Oct Various Water Meters TCSD Oct Various Water Meters TCSD 135084 11/12/2009 000907 RANCHO TEMECULA CAR WASH Car Washing Srvcs:Police Cap Veh 135085 11/12/2009 005062 RAWLINGS, PHIL refund OATC supplies 135086 11/12/2009 004584 REGENCY LIGHTING mist elect supplies:west wing misc elect supplies:var park sites misc electrical supplies:library misc electrical supplies:library 135087 11/12/2009 003591 RENES COMMERCIAL trash /weed abate:citywide:R.O.W. MANAGEMENT 681.51 119.03 642.99 50.71 142.01 592.13 44,158.05 383.02 232.12 49.33 132.27 46,417.88 80.00 80.00 63.40 63.40 7,860.00 7,860.00 Page:7 796.74 apChkLst Final Check List Page: B 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA 135089 11/12/2009 002110 RENTAL SERVICE CORPORATION 135090 11/12/2009 010917 RICHARDSON, PATRICK (Continued) Check Date Vendor Description Amount Paid Check Total 135088 11/12/2009 012288 RENT A CENTER #4086 rental:teen dance (rhythms) 11/14 216.85 216.85 tool /equip rental:pw maint 19.05 equip rentals:var park sites 457.98 477.03 reimb:cell phone usage 9/4- 10/3/09 48.50 48.50 135091 11/12/2009 000406 RIVERSIDE CO SHERIFFS DEPT 9/10 10/7 /09:Iaw enforcement 1,311,027.62 Race for the Cure patrol srvcs 10/18 Fall Rod Run patrol srvcs 10/9 -10/09 135103 11/12/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Pmt LO File 2008059437 135104 11/12/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 10/29/09 8,600.18 15,525.82 1,335,153.62 135092 11/12/2009 001365 RIVERSIDE COUNTY OF Jul -Sep '09 vector control svcs 8,541.62 8,541.62 135093 11/12/2009 004822 RIVERSIDE TRANSIT AGENCY Aug co -op agrmnttem trolley 25,000.00 25,000.00 135094 11/12/2009 000277 S S ARTS CRAFTS INC misc supplies:tiny tot pgrm 65.17 65.17 135095' 11/12/2009 007582 SAFEGUARD DENTAL VISION SafeGuard Vision Plan Payment 971.73 971.73 135096 11/12/2009 006815 SAN DIEGO, COUNTY OF Support Payment Account 581095025 12.50 12.50 135097 11/12/2009 009980 SANBORN, GWYN Country the Merc 10/31/09 414.00 414.00 135098 11/12/2009 009164 SCHRADER, HEIDI ee computer purchase program 1,038.23 1,038.23 135099 11/12/2009 001919 SENIOR CITIZENS SERVICE CDBG Reimbursement 6,000.00 6,000.00 CENTER 135100 11/12/2009 013244 SETH ROBINSON Res Impry Prgm: J. Morga 7,500.00 7,500.00 CONSTRUCTION 135101 11/12/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Pmt LO File 2008059437 200.00 200.00 135102 11/12/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Pmt LO File 2008059437 100.00 100.00 100.00 100.00 409.50 409.50 PageB apChkLst Final Check List Page: 9 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check ti Date Vendor 135105 11/12/2009 000645 SMART 8, FINAL INC 135106 11/12/2009 003477 SMITH, BARBARA 135107 11/12/2009 013273 SMITH, JAMES 135108 11/12/2009 000374 SO CALIF EDISON 135109 11/12/2009 000374 SO CALIF EDISON 135110 11/12/2009 000537 SO CALIF EDISON (Continued) Description misc supplies:Team PACE events 160.42 hospitality supplies:theater 124.26 Misc Supplies:Mpsc Health Fair Event 487.93 772.61 ee computer purchase program 1,462.36 1,462.36 Retirement Medical Payment 324.11 324.11 Street light removal:Mdws Pkwy /McCabe 6,698.06 6,698.06 Street light removal:Btrfld StgMlelton 3,648.21 3,648.21 Oct 2 -05 -791- 8807:31587 tem pkwy Oct 2 -29- 479 2981:31454 tern pkwy Nov 2- 30-608 -9384 Harveston Dr Nov 2- 20- 798 -3248 C.Museum Nov 2 -10- 331 -2153 TCC Nov 2 -02- 351 -5281 CRC Nov 2 -27- 805 -3194 Theater Oct 2 -29- 657 -2563 various mtrs Nov 2 -30 -066 -2889 Rancho Vista PED Oct 2 -31- 031 2590:28301 rncho cal Oct 2 -01- 202- 7330:var LS -1 allnite Oct 2- 01- 202- 7603:arterial stlt Oct 2 -29- 974 7899:26953 ynez LS3 Oct 2 -31- 536 3655:41904 main st Oct 2 -31 -536- 3481:41902 maint st 135111 11/12/2009 007341 SOUTH COAST WINERY, INC. Daisen Sister City visit 11/30 -12/5 135112 11/12/2009 000519 SOUTH COUNTY PEST CONTROL pest control svcs:var park sites INC Oct pest control svcs:crc Amount Paid Check Total 10,274.35 110.31 363.03 1,130.19 836.30 3,900.78 4,236.59 161.34 21.57 53.72 75,848.97 27,526.28 98.93 1,012.30 22.77 125,597.43 3,963.83 3,963.83 493.00 593.00 135113 11/12/2009 012652 SOUTHERN CALIFORNIA Nov gen phone usage 70.08 Nov gen phone usage 32.76 102.84 135114 11/12/2009 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 9,793.55 9,793.55 COMPANY 135115 11/12/2009 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 611.50 611.50 COMPANY 135116 11/12/2009 003000 STATE WATER RESOURCES 10/09 -9/10 permit:Mercedes /Main St 433.00 433.00 Page9 1,086.00 apChkLst Final Check List Page: 10 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 135117 11/12/2009 006145 STENO SOLUTIONS transcription svcs:Police 72534 725.34 TRANSCRIPTION 135118 11/12/2009 012188 STRONG FAMILIES TCSD Instructor Earnings 392.00 392.00 135119 11/12/2009 011667 T T JANITORIAL INC Oct janitorial svcs:tcc 7,073.83 7,073.83 135120 11/12/2009 000305 TARGET BANK BUS CARD SRVCS misc supplies: F.I.T. 5K /10K pgrm 40.06 artist hospitality:theater 45.96 artist hospitality:theater 10.85 96.87 135121 11/12/2009 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,940.00 4,940.00 135122 11/12/2009 009500 TEMEC ELECTRONICS, INC misc tools/equipt:pw traffic 215.35 215.35 135123 11/12/2009 000168 TEMECULA FLOWER CORRAL Sunshine Fund 149.43 149.43 135124 11/12/2009 000306 TEMECULA VALLEY PIPE plumbing supplies: crc 207.17 207.17 SUPPLY 135125 11/12/2009 004274 TEMECULA VALLEY SECURITY locksmith svcs:var park sites 99.94 99.94 CENTR 135126 11/12/2009 008298 TEMECULA VLY MOTHERS game booth:Halloween Carnival 10/30 150.00 150.00 MULTIPLES 135127 11/12/2009 008379 THEATRE FOUNDATION, THE Theater settlement: Farmer Jason 11/6 165.00 165.00 135128 11/12/2009 004308 TOW NE COUNTRY AUTO auto towing svc FY 09/10 270.00 TOWING auto towing service FY 09/10 200.00 auto towing service FY 09/10 75.00 545.00 135129 11/12/2009 012725 TRZOP, NICHELLE TCSD Instructor Earnings 1,411.20 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 1,352.40 4,645.20 135130 11/12/2009 007766 UNDERGROUND SERVICE ALERT cable /utility locators:pw traffic 114.00 114.00 135131 11/12/2009 000199 UNITED STATE TREASURY Support Pmt Identifying 614788413 250.00 250.00 135132 11/12/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 Pagel 0 apChkLst Final Check List Page: 11 11/12/2009 2:39:34PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check 11 Date Vendor (Continued) Description Amount Paid Check Total 135133 11/12/2009 004261 VERIZON Octxxx -4200 general usage 997.74 Oct xxx-6626 general usage 34.31 Oct xxx -5180 795 Irrg Cntr 38.41 Oct xxx -8900 GIS Library 825.50 Oct xxx -1540 Old Town Prk Lot 88.02 Oct xxx -7530 GIS Library 423.68 Oct xxx -6400 general usage 1,518.13 Nov xxx -3910 1st St Irrigation 39.01 3,964.80 135134 11/12/2009 004848 VERIZON SELECT SERVICES INC Nov long distance phone svcs 26.62 26.62 135135 11/12/2009 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies:city hall 1 248.21 248.21 135136 11/12/2009 008274 WEST, RANDY Retirement Medical Payment Grand total for UNION BANK OF CALIFORNIA: 287.02 287.02 2,297,053.84 Page:11 apChkLst Final Check List Page: 12 11/12/2009 2:39:34PM CITY OF TEMECULA 142 checks in this report. Grand Total All Checks. 2297,05184 Page:12 Item No. 4 Company Premium Self- Insured Retention St Paul Fire and Marine Insurance Company $154,201 $150,000 Munich American Insurance $200,000 $150,000 Illinois Union Insurance Company $215,000 $150,000 Genesis Insurance Company $257,500 $200,000 Everest National Insurance $155,000 $250,000/$500,000 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November 24, 2009 SUBJECT: General Liability Insurance Renewal PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council approve the insurance policy renewal for general and excess liability insurance with St Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company, in the amount $200,498, for the period of December 1, 2009 through December 1, 2010. BACKGROUND: I n preparation for the expiration of the liability insurance policy with St Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company on December 1, 2009, staff requested that the City's insurance broker, Brown Brown, Inc., market the City's application for general liability insurance. In response, Brown Brown, Inc. obtained proposals from the companies listed below (in the order of responsiveness as determined by the insurance broker). These premiums were quoted with a minimum self- insured retention (SIR) of $150,000 and range up to $250,000 All Other Liability /500,000 Employment Practices Liability. In addition, each quote had an Aggregate of $5,000,000 and an Occurrence of 5,000,000. GENERAL LIABILITY Approvals City Attorney Director of Finance City Manager Sr OCL Year 2002 2003 2004 2005 2006 2007 2008 Premium Limits $268,217 $279,984 $274,063 $278,901 $252,779 $221,445 $207,403 Company Premium Princeton Excess Surplus Lines Ins. Co. $46,297 Markel /Evanston Insurance Company $51,613 EXCESS LIABILITY St Paul Fire and Marine Insurance Company has an "A rating with a financial size category of "XV." Princeton Excess Surplus Lines Insurance Company has an "A rating, with a financial size category of "XV." The proposal by St Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company provides coverage of $10 million per Occurrence and $10 million aggregate, for a premium of $200,498 (general liability of $154,201, and excess liability of $46,297) with a self- insured retention of $150,000. Considering the City's increasing exposure associated with growth and increased activities, staff recommends the City accept the proposals of St Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company, in the amounts noted, for coverage from December 1, 2009 through December 1, 2010. The schedule below reflects general and excess liability insurance premiums for the past seven years (with $10 million coverage). The liability premium for this year represents a premium reduction over the previous years: As reflected above, although the City has continued to grow, the premiums have continued to decrease. FISCAL IMPACT: insurance fund. ATTACHMENTS: Sufficient funds have been budgeted in the fiscal year 2009 -2010 Proposal from St Paul Fire and Marine Insurance Company and Princeton Excess Surplus Lines Insurance Company. PROPOSAL from ST PAUL FIRE AND MARINE INSURANCE COMPANY and PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY TERM: December 1, 2009 December 1, 2010 FORMAT: Occurrence NAMED INSURED: City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Financing Authority SELF INSURED RETENTION (SIR): $150,000 TOTAL LIMITS /COVERAGE: $10,000,000 (per occurrence) ST PAUL FIRE AND MARINE INSURANCE COMPANY PRIMARY COVERAGE AND PREMIUM $154,201 PUBLIC ENTITY GENERAL LIABILITY INCLUDED MANAGEMENT LIABILITY INCLUDED PUBLIC ENTITY LAW ENFORCEMENT LIABILITY INCLUDED PUBLIC ENTITY EMPLOYMENT PRACTICES LIABILITY INCLUDED PUBLIC ENTITY AUTO LIABILITY INCLUDED PUBLIC ENTITY EMPLOYEE BENEFIT PLAN ADMINISTRATION LIABILITY INCLUDED PUBLIC ENTITY UMBRELLA EXCESS LIABILITY INCLUDED TERRORISM RISK INSURANCE ACT LIABILITY INCLUDED $5,000,000 Per Event or Wrongful Act or Combination of Event and Wrongful Act Excess Over Self- Insured Retention (SIR) Public Entity General (Including Bodily Injury, Property Damage, Personal Injury, Advertising Injury, Products Completed Work Liability), Law Enforcement, Employment Practices, Management, Automobile, and Umbrella Liability. $1,000,000 Per Wrongful Act Public Entity Employee Benefit Plan Administration Liability $1,000,000 Per Occurrence Health Care Professional (EMT's, Nurses, Social Services Professionals) $5,000,000 Total Limit (Aggregate) Management Liability $5,000,000 Total Limit (Aggregate) Employment Practices Liability $3,000,000 Total Limit (Aggregate) Employee Benefit Plan Administration Liability $5,000,000 Total Limit (Aggregate) General and Law Enforcement PRINCETON EXCESS SURPLUS LINES INSURANCE COMPANY EXCESS FOLLOWING FORM OVER THE ABOVE $5,000,000 Occurrence /Aggregate $46,297 TOTAL COMBINED ANNUAL PREMIUM COST $200,498 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: Novermber 24, 2009 Approvals City Attorney Director of Finance City Manager At SUBJECT: Old Town Civic Center, Project Number PW06 -07, Furniture Purchase and Installation Agreement PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council approve an Agreement with Tangram for $19,406.25 to refine the space plan and ultimately fumish, and install systems and freestanding furniture for the Old Town Civic Center. BACKGROUND: The City is currently constructing a new Civic Center Complex in Old Town Temecula. The new structure includes a three story City Hall, Council Chambers, and Civic Auxiliary room. In total, the building encompasses approximately 95,500 square feet of space. On August 27, 2009, the City issued a Request for Proposals (RFP) soliciting proposals from proponents experienced in designing, furnishing, and installing systems and /or freestanding furniture for the Old Town Civic Center, based on the preliminary space plan included in the architectural plans. The RFP asked the proponents to consider LEED (Leadership in Energy and Environmental Design) credit and ergonomic furniture products that conformed to the operational needs and aesthetic requirements of the architectural design. Thirteen (13) firms responded to the RFP by submitting proposals which detailed their company's capabilities, their understanding of the scope of work and their approach to fulfilling the City's needs, as well as highlights of their proposed product line. After carefully reviewing the proposals, the top five (5) proponents were invited to participate in an interview. In preparation for the interview on October 22, 2009, a representative from each of the top five teams toured the current City Hall Complex to view existing workspace configurations and evaluate staff work habits. On October 29, 2009, each of the top five proponent teams presented their team's qualifications, plan of delivery and proposed products to the selection committee. Each presentation was followed by a question and answer session. Based on the extensive evaluation process, the evaluation panel determined Tangram to be the most qualified firm with a competitively priced proposal to provide the City with a full range of furniture products and services, and the ability to assist the City with refined space planning, design services, product selection, pricing, delivery and installation. In addition, the evaluation panel determined Tangram to be the most qualified to provide a professional work space installation plan that incorporates technology, the environment, and ergonomics. Although the final cost of the various furniture components to be purchased from and installed by Tangram cannot be determined until the space plan is refined and a detailed product list is generated, Tangram has provided budgetary figures based on the preliminary layout that indicate the final office furniture purchase and install cost will be between $1.3M and $1.5M, which is consistent with the $1.5M included in the original Old Town Civic Center budget. Once the refined space plan has been finalized, the final cost of the needed furnishings will be included in an amendment to the agreement being considered this evening. The amendment will be presented to the City Council at a future meeting. FISCAL IMPACT: The Old Town Civic Center project is included in the City's fiscal year 2010 -2014 Capital Improvement Program and is funded with Capital Project Reserves, Certificates of Participation (COP), and Development Impact Fees (Corporate Facilities and Public Art). Adequate funds are available in the project Furniture, Fixtures and Equipment Account, No. 210- 165- 751 -5601. ATTACHMENTS: Purchase and Installation Agreement Project Location and Description FIN 09 -12 PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY of TEMECULA AND TANGRAM 1. TERM Old Town Civic Center, Project No. PW06 -07 Workstation Design, Furnishing, and Installation THIS AGREEMENT is made and effective as of November 24, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Tangram, a Corporation (hereinafter referred to as "Vendor In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Agreement shall commence on November 24, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF FURNITURE a. On and subject to the terms and conditions set forth in this Agreement, Vendor agrees to design, manufacture, sell and install for the City systems and freestanding furniture at the Old Town Civic Center as more particularly described in Exhibit A, Scope of Work. Vendor shall provide and propose a full range of contract furniture products and services that assist with space planning, design, product selection, furniture functionality, pricing, product purchase, delivery and installation. b. The work shall occur in two phases: 1) The first phase is the Design Phase as is specifically described in the Scope of Work. In this phase, Vendor shall diligently design and propose to the City the full range of furniture products and services that assist with space planning, design, product selection, furniture functionality, and pricing. Vendor shall prepare and submit to the City a proposal for the furniture for the Civic Center and the full and complete price for its manufacture, delivery and installation "Furniture Proposal 2) The second phase is the Purchase and Installation Phase. In this phase the City Council shall consider the Furniture Proposal at a City Council meeting. If the Council approves the Furniture Proposal, then Vendor shall manufacture, deliver and install the furniture as described therein "Furniture The Furniture Proposal as accepted by the City Council shall become a part of this Agreement as provided in Section 14 of this Agreement. 3. PURCHASE INSTALLATION PRICE a. For the work of the Design Phase, the City shall pay Vendor the sum of nineteen thousand, four hundred six dollars and twenty -five cents ($19,406.25) payable in monthly installments, based upon percentage of completion. The final installment of five thousand dollars ($5,000.00) shall be paid within five business days of the City Council's approval or rejection of the Furniture Proposal. b. The Purchase Price for the Furniture shall be set forth in the Furniture Proposal. Upon City Council approval of the Furniture Proposal, the price for the manufacture, delivery and installation of the Furniture shall become a part of this Agreement pursuant to Section 14 of this Agreement. 4. TERMINATION OF AGREEMENT City may, at its sole discretion, terminate the whole or any part of this Agreement if the City and Vendor do not agree on product purchase, delivery and installation costs. Upon termination, Vendor shall be compensated only for those services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 5. J THIS SECTION INTENTIONALLY DELETED 1 6. REPRESENTATIONS AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor will have good and marketable title to all of the Furniture to be manufactured and installed. All of the Furniture will be free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Furniture free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Furniture will in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in this Agreement, including the Furniture Proposal. Vendor warrants that the Furniture will be fit for use as a workspace for the City and the ordinary purposes for which the Furniture is normally used Vendor is aware the City is purchasing the Furniture for use as workspace and that City is relying on Vendor's warranties that the Furniture is fit for this purpose and the ordinary purposes for which the Furniture is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statement of a material fact, -or 2 omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. d. Workmanship Guaranty. The quality of the workmanship shall be guaranteed for one year from date of acceptance. 7. PERFORMANCE Vendor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 8. CITY APPROVAL Upon acceptance of the Furniture Proposal by the City Council, all designs, materials, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. City shall inspect the Furniture at the time and place of delivery. Such inspection may include reasonable tests and use of the Furniture by City. If, in the determination of City, the Furniture fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Furniture to City. Failing such notice, the Furniture shall be deemed accepted by City as of the date of receipt. 9. TIME OF DELIVERY Vendor acknowledges and agrees that actual delivery date is dependent upon the readiness of the new Civic Center facility to accommodate the delivery and installation of the Furniture. It is anticipated that the date and time of delivery of the Furniture will be June 15, 2010, provided, however, that Vendor shall coordinate actual delivery of furnishings with the City's Director of Public Works. In no event shall the furniture delivery, set -up and installation delay the City's ability to occupy and operate out of the new facility by September 15, 2010. Vendor further acknowledges that a phased delivery may be required to meet these timeframes included herein. 10. PLACE OF DELIVERY The Furniture shall be delivered to this location: Civic Center Complex in Old Town Temecula at 41000 Main Street, Temecula, California 92590. 11. REJECTION In the event of such notice of non conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Furniture and Installation, (2) accept the whole of the Furniture and Installation, or (3) accept any commercial unit or units of the Furniture and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 3 12. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Furniture and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Furniture or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 13. INDEMNIFICATION The Vendor 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 Vendor'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. 14. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: 1. Exhibit A, Scope of Work; 2. The City's Request for Proposal dated August 27, 2009, on file in the Office of the Director of Public Works "RFP 3. The Vendor's Response to the Request for Proposal dated as of September 24, 2009, on file in the Office of the Director of Public Works "Vendor's Response to RFP and, 4. The Furniture Proposal as may be accepted by the City Council and incorporated into this Agreement by an amendment thereto. b. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's Response to RFP, this Agreement shall prevail over the RFP and the Vendor's response to the RFP, and the RFP shall prevail over the Vendor's response to the RFP. c. Upon acceptance of the Furniture Proposal by the City Council, the City Manager is hereby authorized on behalf of the City to enter into an amendment to this Agreement to incorporate the terms of the Furniture Proposal into this Agreement and to make any further modifications to this Agreement as are necessary or convenient to implement the Furniture Proposal accepted by the City Council. 15. DEFAULT OF VENDOR a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance 4 of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 16. INSURANCE REQUIREMENTS Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Vendor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) 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. Worker's Compensation insurance is required only if Vendor employs any employees. Vendor warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 17. SURVIVAL OF REPRESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of 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 Vendor shall at all times observe 6 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 Vendor to comply with this section. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub contractors for this project, during his /her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's sub contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. INDEPENDENT VENDOR a. Vendor is and shall at all times remain as to the City a wholly independent Vendor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Vendor 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 Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 21. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Vendor'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 Vendor. 22. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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. 7 To City of Temecula: City of Temecula To Vendor: 23. GOVERNING LAW 24. ENTIRE AGREEMENT Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 Tangram Attn: Sandy Partridge 9200 Sorensen Avenue Santa Fe Springs, CA 90670 The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with 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. 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. 25. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula Tangram (Two Signatures if required by corporate papers) By: By: [SELECT] [Enter Name], [Enter Title] ATTEST: By: By: [SELECT] [Enter Name], [Enter Title] APPROVED AS TO FORM: By: [SELECT] VENDOR Tangram Attn: Sandy Partridge 9200 Sorensen Ave Santa Fe Springs, CA 90670 Fax: 562- 365 -5342 spartridge @tangraminteriors.com 9 FSM Initials: Date: EXHIBIT A SCOPE OF WORK The following is the Scope of Work for this Agreement: 1. The City is currently constructing a new Civic Center Complex in Old Town Temecula at 41000 Main St. The new structure includes a three level City Hall, Council Chambers and Civic Auxiliary rooms. In total, the buildings encompass approximately 95,500 square feet of space. The work involves workstation design, furnishing, and installation for systems and /or freestanding furniture for the Civic Center Complex based on the architectural and data network plans. 2. Vendor shall provide and propose a full range of contract furniture products and services that assist with space planning, design, product selection, furniture functionality, pricing, product purchase, delivery and installation. 3. Vendor shall provide the City with experienced staff, and a professional work space.installation plan that incorporates technology, the environment, and ergonomics. Vendor shall provide and propose a full range of contract furniture products and services that assist with space planning, design, product selection, pricing, functionality, delivery and installation. 4. The work shall occur in two phases: a. The first phase is the Design Phase as is specifically described in Exhibit Al. In this phase, Vendor shall diligently design and propose to the City the full range of furniture products and services that assist with space planning, design, product selection, furniture functionality, and pricing. Vendor shall regularly meet and confer with designated City Staff in this phase concerning the design and pricing for the furniture. Vendor shall prepare and submit to the City a proposal for the furniture for the Civic Center and the price for its purchase and installation "Furniture Proposal The final Furniture Proposal shall be submitted to the City for approval no more than 35- workdays after issuance of a Notice to Proceed. b. The second phase is the Purchase and Installation Phase. In this phase the City Council shall consider the Furniture Proposal at a City Council meeting. If the Council approves the Furniture Proposal, then Vendor shall manufacture, deliver and install the furniture as described therein "Furniture The Furniture Proposal as accepted by the City Council shall become a part of this Agreement as provided in Section 14 of this Agreement. 5. Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the design, manufacture, delivery and installation of the Furniture. The manufacture, delivery and installation of the Furniture shall be performed and materials to be furnished for the Furniture shall be in strict accordance with the specifications set forth in this Agreement, including the Furniture Proposal. 10 Tangram Interiors 9200 Sorenson Street, Santa Fe Springs California 90670 TEES62 365 5000 FA %.562365 5399 www.tangraminteriors.com DATE. November 6, 2009 Work Authorization PROJECT NAME PROJECT ADDRESS CITY STATE ZIP WA 000000 -01 City of Temecula Civic Center PROJECT 298324 Temecula, CA AUTHORIZATION IS CONFIRMED TO DO THE FOLLOWING. EXHIBIT Al Provide professional planning and specification services for approximately (140) new Steelcase Answer workstations, approximately (77) new National private offices and approximately (12) new conference rooms. The proposed workstations and private offices will be located at the new Civic Center in Temecula, CA. The exact project scope is as follows: Attend project kick -off meeting to determine the general requirements of the workstations and private offices. (Six meetings six hours each have been included) Develop workstation and private office typicals as required. Submit workstation and private office typicals to City of Temecula for review and approval. Upon approval of workstation and private office typicals, prepare preliminary plans showing furniture layouts within each workstation, private office and conference room. Review preliminary plans with the client, and make note of requested revisions. (Two revisions affecting 20% of the plan or less is included in project scope.) Prepare and submit the final furniture plans to City of Temecula for approval. Generate furniture specifications based on the approved furniture plan. Visit project site to verify critical dimensions as needed. (Two Designers- one eight hour day of field measuring) Prepare a furniture telephone, power and data location plan as it pertains to the modular Steelcase furniture. Provide plans to City of Temecula and City of Temecula's designated interior design representative for submittal to communication consultant and /or electrician. Completion of furniture installation plans to assist in the, installation /assembly of furniture. r ram a Tangram Interiors 9200 Sorenson Street; Santa Fe Springs California 90670 TEL 562 365 5000 FAX.562 365 5399 www.tangraminteriors.com General Information In the scope of services outlined above, it is our understanding that City of Temecula's designated interior design consultant shall provide Tangram Interiors with the current architectural backgrounds (in electronic AutoCAD format) as needed. This proposal covers only those services outlined above. Additional work that may be requested will be covered under a separate proposal. Written approval to proceed is required before any additional work shall begin. The hourly rate and fees for work as outlined above are as follows: Designer 75.00 /hour Total Professional Services 17,250.00 Reimbursable Expenses (estimate) 2156.25 PROJECT TOTAL 19,406.25 Reimbursable expenses shall be reimbursed monthly for charges such as printing, reproduction, messenger services, mileage at $.50 per mile, parking fees, samples, and other related expenses. DATE TO BEGIN. REQUESTED BY. APPROVED BV /DATE. Upon approval City of Temecula FOR TANGRAM. Jennifer Coene TITLE. Designer cc. Sales, Design Director, File DATE TO COMPLETE. REQUEST DATE. TBD November 6, 2009 PROJECT LOCATION ProjecxTitle CIVIC CENTER 90 Totals PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Fixtures /Furn/Equip Utilities Source of Funds: Capital Project Reserves COPs DIF (Corporate Facilities) DIF (Public Art) Total Funding: Future 0 M Cost: CIVIC CENTER Infrastructure Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning /Public Works 210.165.751 Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Actuals to Date 2009 -10 2010 -11 2011 -12 125,854 598,367 25,800 56,200 476,271 34,450,621 352,000 3,985,211 1,235,789 147,080 3,392,720 307,564 2,436 5,067,780 40,088,133 4;594,565 473,215 16,460,449 22,787,684 800,000 40,000 5,067,780 40,088,133 900,000 Annually 91 2012 -13 2013 -14 PRIORITY: I Total Project Cost 724,221 82,000 34,926,892 352,000 5,221,000 3,539,800 310,000 45,155,913 21,055,014 S 23,260,899 800,000 40,000 45,155,913 Item No. 6 Approvals City Attorney Director of Finance City Manager Mer 0@, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 24, 2009 SUBJECT: Southern California Edison Agreement Associated with Operation of the Photovoltaic System on the Old Town Parking Structure PREPARED BY: Amer Attar, Principal Engineer- CIP David McBride, Senior Engineer CIP RECOMMENDATION: That the City Council authorize the City Manager to approve an Agreement entitled, "Net Energy Metering and Generating Facility Interconnection Agreement" associated with the photovoltaic system on the Old Town Parking Structure. BACKGROUND: A $666,421.00 component of the Old Town Parking Structure project involved construction of a photovoltaic (PV) system which is located on the top level of the structure. The PV System is designed to provide 90 percent of the parking structures electrical demand, the maximum permitted by SCE. The City will be receiving a rebate through the State of California Solar Initiative Program in the amount of $119,000 for incorporating the PV system into the Project. The estimated useful life of the PV system is 30 years with payback estimated in year 15. In addition, to a net economic incentive provided by the PV system, it furthers the City's goals of "green" or sustainable development. Before the City will be allowed to bring the PV system online, the subject agreement needs to be established with Southern California Edison (SCE). Net energy metering is an SCE procedure whereby, over a 12 month period, the net electric use of the facility in excess of that produced by the PV system will be reconciled and one bill produced. The net metering procedure is outlined in general terms in the attached Agreement and more particular terms in the attached SCE agreement transmittal letter. The interconnection portion of the Agreement defines the terms of interconnection to SCE's power grid and the respective roles and responsibilities of each party relative to continued operation of the PV system. The City's technical consultants, staff and the City Attorney has reviewed the proposed agreement and found it in conformance with the established guidelines of the Public Utilities Commission (PUC) for such facilities and the PUC's California Solar Initiative Program. FISCAL IMPACT: Approval of the agreement is necessary to capture the economic benefits of the PV system's energy generation and it is needed for compliance with the rebate program offered through the California Solar Initiative Program. Construction of the PV system was part of the Parking Structure project; which is funded by RDA tax allocation bonds and Development Impact Fees Police. ATTACHMENTS: 1. Net Energy Metering and Generating Facility Interconnection 2. SCE Agreement Transmittal Letter N ENERG SOUTHERN CALIFORNIA EDISON COMPANY IET'ERING ANU GENERATING FACILITY INTERCONNECTION AGItEK'INN This Net Energy Metering and Generating Facility Interconnection Agreement "Agreement") is entered into by and between Temecula, City Of "Customer and Southern California. Edison Company ('SCE sometimes also referred to herein joinily as "Parties" or individually as "Party. 1, APPLICABILITY This Agreement is applicable only to customers who satisfy all requirements of the definition of an Eligible Customer Generator set forth in Section 2827(b)(2) of the California Public Utilities Code. 2. SUMMARY OF GENERATING FACILITY AND CUSTOMER ACCOUNT 2.1 Generating Facility Identification number: NM 15003 2,2 Customer Meter Number: 349 -017244 2.3 Customer Service Account Number. 3- 034 0887 -19 2.4 Applicable Rate Schedule: GS -1 2:5 Generating Facility Location: 28690 Mercedes St Hse Temecula, CA 92590 2.5.1 This Agreement is applicable only to the Generating Facility described below and installed at the above location. The Generating Facility may not be relocated or connected to SCE's system at any other location without SCE's express written permission. 2.6 Generating Facility Technology (Solar, Wind or Hybrid): Solar 2.7 Generating Facility Nameplate Rating (kW): 54.6 kW 2.8 Estimated monthly energy production of Generating Facility (kWh): 5897 kWh 2.9 Customer's estimated date when the Generating Facility will be 11/1/2009 ready to commence parallel operation with SCE's electric system: 3. GENERATING FACILITY INTERCONNECTION AND DESIGN REQUIREMENTS: at Customer shall be responsible for the design, installation. operation, and maintenance of' the Generating Facility and shall obtain and maintain any required governmental authorizations and /or permits. 3.2 The Generating Facility shall meet all applicable safety and performance standards established by the National Electrical Code; the Institute of Electrical and Electronics Engineers "IEEE'), and accredited testing laboratories such as Underwriters Laboratories "UL and, where applicable, rules of the California Public Utilities Commission "Commission regarding safety and reliability: This requirement shall include, but not be limited to the provisions of IEEE Standard 929 and UL Standard 1741 and SCE's Rule 21- Generating Facility Interconnection, 3 :3 Customer shall riot commence parallel operation of the Generating Facility until written approval has been provided to it by SCE. SCE shall provide such written approval within ten (10) working days from SCE's receipt of a copy of the firial.inspection or approval of the Generating Facility which has been issued by the governmental authority having jurisdiction to inspect and approve the installation. 'Such approval shall not be unreasonably withheld, 3.4 SCE shall have the right to have its representatives present at the final .inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility. Customer may be required to notify SCE in accordance with the terms of Section 11, herein, at least five (5) days prior to such inspection, MAID: 15003 Form 16 -344 (t- 3/20091dr) Page I of 4 SOUTHERN CALIFORNIA EDISON COMPANY NE 'r ENERGY Al ETERI \G AND GFNFR :tTING FACILITY INT EItCONNECTtO\ AGRE:END:NT 3.5 Customer shall not add generation capacity in excess of the Nameplate Rating set forth in Section 2.7 of this Agreement, or otherwise modify the Generating Facility without the prior written permission of SCE. 4. METERING AND BILLING: Metering requirements and billing procedures shall be set forth in the SCE and /or Energy Service Provider's rate schedule(s) applicable to the electric service account assigned to the location where the Generating Facility is connected. 5. DISCONNECTION, INTERRUPTION OR REDUCTION OF DELIVERIES: 5.1 SCE may require Customer to interrupt or reduce the output of its Generating Facility under the following circumstances: (a) Whenever SCE deems it necessary in its sole judgment, to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or any part of its electric system; or (b) Whenever SCE determines in its sole judgment, that curtailment, interruption, or reduction of Customer's electrical generation is otherwise necessary due to emergencies, forced outages, force majeure, or cornpliance with prudent electrical practices.. 5,2 Notwithstanding any other provision of this Agreement, upon termination of this Agreement or at any time SCE determines the continued parallel operation of the Generating Facility may endanger the public or SCE personnel, or affect the integrity of SCE's electric system or the quality of electric service provided to other customers, SCE shall have the right to require the Generating Facility to be immediately disconnected from SCE's electric system: The Generating Facility shall remain disconnected until such time as SCE is satisfied, in its sole judgment, that the condition(s) causing such disconnection have ended or have been corrected. 5:3 Whenever feasible, SCE shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required. 5.4 Electrical energy and capacity provided to Customer during periods of curtailment or interruption of the output of the Generating Facility .shall be provided .pursuant to the terms of the rate schedule (s) applicable to the electric service account to which the Generating Facility is connected. 6. ACCESS TO PREMISES: SCE may enter Customer's premises at all reasonable hours without notice to Customer for't following purposes: •(a) To inspect Customers protective devices and reactor test meter(s): and (b) To, disconnect the Generating Facility and/or service to Customer, whenever in SCE's sole opinion a hazardous condition exists and such.immediate action is necessary to protect persons. SCE's facilities, or properly of others from damage or interference caused by the Generating Facility, or the absence or failure of properly operating protective devices. 7. INDEMNITY AND LIABILITY: 7,1 Each Party as indemnitor shall defend, hold harmless, and indemnify the other Party and the directors, officers, employees, and agents of the other Party against and from any and all loss, liability, damage, claim; cost, charge, demand, or expense (including any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense. including attorneys' fees) for injury or death to persons, including employees of NMID: 15003, Form 16 -344 (06f2009Idr) Page 2 of 4 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY DIETERING AND GENERATING FACILITY INTERCONNECTION AGREE%tENT NMAID:. 1500 3. form tfi -34 03/200 either Party, and damage to property, including properly of either Party, arising out of or in connection with (a) the engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of the indemnitor's facilities, or (b) the making of replacements, additions. betterments to, cr reconstruction of the indemnitor's facilities. This indemnity shall apply notwithstanding the active or passive negligence of the indemnitee. However, neither Party shall be indemnified hereunder for its loss, liability.. damage, claim, cost, charge, demand, or expense resulting from its sole negligence or willful misconduct. 7.a The indemnitor shall: on the other Party's request, defend any suit asserting a claim covered by this indemnity and, shall pay for all costs, including reasonable attorney fees, that may be incurred.by the other Party in enforcing this indemnity. 7:3 The provisions of this Section shall not be construed to relieve any insurer of its obligations to pay any insurance claims in .accordance with the provisions of any valid insurance policy. 7.44 Except as otherwise provided in Section 7.1, neither'Party shall be liable to the other Party for consequential damages incurred by that Party, 7.5' Nothing in this Agreement shall create any duty to any standard of care with reference to or anyiiability to any person who is not a Party to it. 7.6 Notwithstanding the provisions of Section 7.1, Customer shall be responsible for protecting its Generating Facility from'damage by reason of the electrical disturbances or faults caused by the operation, faulty operation, or non -operation of SCE's facilities, and SCE shall not be liable for anysuch damage so caused. GOVERNING LAW: ThiS Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. CALIFORNIA PUBLIC UTILITIES COMMISSION: 9.1 This Agreement shall at all times be subject to :such changes or modifications by the Commission. as the Cormission may from time to time, direct in the exercise of its jurisdiction. .9:2' Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file. with the Commission pursuant to the Commission's rules and regulations, an application for change in rates charges, classification, service, or rule or any agreement relating thereto 10.. AMENDMENT, MODIFICATIONS :WAIVER OR ASSIGNMENT: 10.1 This.Agreement may 'not be altered er modified by either of the Part ies, except by an instrument in writing executed by each of them: 102 None of the provisions of this Agreement shall be considered waived by a Party unless such Waiver 'is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions o•the. relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. '10.3. This Agreement shall supersede any existing agreement under which Customer is currently operating the Generating Facility identified in Section 2, herein, and any such agreement shall be deemed terminated as of the date this Agreement becomes'effective. 10.4 This Agreement' contains the entire agreement and understanding between the Parties, their agents, and employees a's to the subject matter of this Agreement. Each party also Pae 3 of 4 SOUTHERN CALIFORNIA EDISON COMPANY NET ENERGY METERING AND GENERATING FACILITY t,NTERCONNECTtON AGREEMENT represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement. 10,5 Neither Party shall voluntarily assign this Agreement or any of its rights or duties hereunder without the written consent of the other Party, which. consent shall not be unreasonably withheld. Any such assignment or delegation made without such written consent shall be null and void. 11. NOTICES: 11.1 Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows: SOUTHERN CALIFORNIA EDISON COMPANY: Manager, Customer Solar Programs P.O. Box 800 G01, Quad 4D Rosemead, CA 91770 CUSTOMER: Temecula, City Of Po Box 9033 Temecula, CA 92589 11,2 Customer's notices to SCE pursuant to this Section shall refer to the Generating Facility Identification Number that is set forth in Section 2.1. 12. TERM AND TERMINATION OF AGREEMENT: 12.1 This Agreement shall become effective when signed by Customer and SCE. and shall remain in effect thereafter from month to month unless terminated by either Party on thirty (30) days' prior written notice in accordance with Section 11. 12,2 This Agreement shall terminate, without notice, upon: (a) termination of the electric distribution service provided to Customer by SCE; or (b) changes to Customer's electric load which cause Customer to no longer satisfy all requirements of the definition of an Eligible Customer- Generator set forth in Section 2827(b)(2) of the California Public Utilities Code and (c) termination of eligible Customer's Net Energy Metering arrangements with its Electric Service Provider. 13. SIGNATURES: IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives, This Agreement is effective as of the latter of the two dates set forth below. CUSTOMER SOUTHERN CALIFORNIA EDISON COMPANY By: By: Name: Temecula, City Of Name: Gary Barsley Title: Title: Manager, Customer Solar Programs Date! Date: W10:15003, Form 16-344 (06/20091dr) Page 4 of 4 An EL)ISON INTERNATIONAL Company October26, 2009 Mr David Mcbride Temecula City Of Po Box 9033 Temecula, CA 92589 Dear Mr David Mcbri SOUTHERN CALIFORNIA Laura Rudison CSBU Customer Solar Group Grove. Avenue. GO1, Quad aD Rosemead- California 91770 Phone: 626- 302 -9550 Fat 526- 5714272 i1. la u ra d i a n o. r u d i s o n g+ sce. cons Via U. S. Mail Subject: Interconnecting a Small Solar, Wind, Biogas or Fuel Celt Generating Facility with SCE and Conversion to Net Energy Metering Service (NM 15003) This letter is to ackocp,vledge the receipt of your application to interconnect a small (units with a capacity rating of 1000 kilowatts or less) solar, wind, biogas or fuel cell powered generating facility with Southern California Edison Company's (SCE) electric system. .Please find enclosed two originals of a Net Metering and Interconnection Agreement to be formed between SCE and yourself. For SCE's administrative purposes, this generating facility has been assigned the Identification Number of NM 15003. Please refer to this number on all correspondence you may have with SCE concerning this generation facility or related agreements. This Agreement is based on a standard form SCE has filed with the. California. Public Utilities Commission (Commission), Please be aware that each of SCE's agreements and rate schedules are, at all times, subject to such changes or modifications as the Commission may from time to time direcl`in the exercise of its jurisdiction. If SCE is directed to make such changes, you will be notified and a replacement agreement will be offered, This Agreement has been prepared for your installation based'on information provided by,you and/or our contractor on your behalf. Please be advised that neither SCE's review of this material nor SCE's agreement to allow the interconnection of your facilities should be considered'a`s an 'acknowledgment of, or concurrence with the economic or technical feasibility, operational capability, or reliability of your installation, Please review this Agreement and the terms of the related' Schedule NEM "NetEnergyMetering" rate Schedule, If you are satisfied with the terms and conditions as stated, you may sign the Agreement and return each of the signed documents to the. I will then present them to SCE's management for execution and return a fully executed original to you for your files. IMPORTANT: Please note the individual signing the Interconnection Agreement must be dulyauthonzed' to bind the Customer of Record to its terms. Accordingly, unless the individual' is an "owner of a proprietorship'', "officer of a corporation "director orgeneral manager of an agency", or an equivalent official, please also provide documentation showing.the signature authority of the individual who does sign on behalf of the "Customer of Record'. Note that executing this Agreement is only the first step that must be taken before your generating facility may be interconnected with SCE's electric system. Please be advised that you are not to interconnect your generating facility until you receive SCE's express written permission to do so. To receive this permission, you must comply with each of the terms of the Agreement, which includes sending SCE a copy of the final inspection clearance and approval of your installation which is provided by your local building inspector. If SCE chooses to physically inspect your facility, we will schedule a date to complete such an inspection. Net energy metering provisions allow you to net the energy produced by your generating facility against the energy received from your electric service provider over a 12 month 'nettirig period." This netting period will be established as the 12 months following the date net energy metering service is initiated. Net energy metering service will be established as the next successive meter reading date nearest to the date SCE provides you written authorization to interconnect your generating facility. If however, a meter change is required, the "Date of Final Interconnection' as defined in Section 4,c of Schedule NEM is the next successive meter reading date after the meter change. At the end of each 12 month period under these arrangements, if your generating facility has produced enough energy to equal or exceed the amount you have consumed, your billing will be reconciled to reflect charges only for the non energy related billing components of your electric service. If the generation has not met all of your energy needs, you will also be billed for the shortfall, or net energy supplied by SCE. Please note the Public Utilities Code provides for surplus energy balances to be forfeited at the end of each netting period. Future information: After your Net Metering Account has been approved for interconnection to SCEs grid, should you have questions regarding SCEs billing and/or metering, please call SCEs Customer Service Department for Net Metering [866 -701 -7868 residential/ 866.701 -7859 commercial]. Sincerely, LAURA RUDISON NEM Program Administrator Enclosures: Net Energy Metering and Interconnection Agreement (2 originals) Modifickl Item No. 7 CITY OF TEMECULA AGENDA REPORT PREPARED BY: Amer Attar, Principal Engineer, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: Approvals City Attomey Director of Finance City Manager For TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 24, 2009 SUBJECT: Agreement for Consulting Services with David Evans and Associates, Inc. for the Butterfield Stage Road Extension Project, Project No. PW09 -02 1. Approve an Agreement for Consulting Services with David Evans and Associates, Inc. in an amount not to exceed $304,125.00 for design services to complete the improvement plans for the Butterfield Stage Road Extension Project, Project No. PW09 -02. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $30,412.50, which is equal to 10% of the agreement amount. BACKGROUND: On May 13, 2008 the City Council approved Resolution 08 -40, which among other things, directed staff to initiate the actions necessary for the City to construct Priority Public Improvements conditioned upon the Roripaugh Ranch Development and eligible for funding with Roripaugh Ranch Community Facilities District (CFD) No. 03 -02 bond proceeds. The Priority Public Improvements include Butterfield Stage Road (BSR), Murrieta Hot Springs Road (MHSR), Calle Chapos and the public segment of South Loop Road. To properly program the bond proceeds, the Butterfield Stage Road Extension Project is included in the Capital Improvement Program Budget for FY 2010 -2014. In July2009, the City (as the Temecula Public Financing Authority; TPFA) and the Developer of the Roripaugh Ranch project executed the Amended and Restated Acquisition Agreement, which in addition to authorizing the payment and settlement of all outstanding claims on the Roripaugh Ranch property, provided the necessary mechanism for the City to contract and fund the construction of the Priority Public Improvements with CFD bond proceeds rather than have to acquire completed improvements from the developer as originally contemplated. Due to the magnitude and complexity of the improvements and right -of -way needs, this project will be completed in two phases with the first phase to include MHSR from roughly the intersection of Pourroy Rd. to BSR BSR from MHSR to Calle Chapos /South Loop Road Calle Chapos from BSR to Walcott Lane A 400' stretch of South Loop Road (extension of Calle Chapos) east of BSR. Phase 2 will complete BSR from Calle Chapos /South Loop Road to La Serena Road. The developer for the Roripaugh Ranch Development substantially completed the improvement plans associated with this project (i.e., streets, traffic signals, striping and signage, storm drain, and street light plans, and the Water Quality Management Plan for the roadway work). Prior to the downturn in the economy, some of the work shown on the plans (the onsite mass grading) was completed. A significant amount of time has passed since this work was performed; actual conditions in the field differ from that depicted as existing on improvement plans. Erosion and developer -made changes have degraded the roadway prism; therefore significant changes to the improvement plans must be made. David Evans and Associates (DEA) is the consultant that prepared the original plans. The City has negotiated an equitable and reasonable scope of work and associated fee to revise the improvement plans. The attached agreement for $304,125 includes final professional civil engineering design and surveying services in the amount of $291,125 and a $13,000 allowance for reimbursable expenses. FISCAL IMPACT: The Butterfield Stage Road Extension Project is a Capital Improvement Project funded with the Roripaugh Ranch CFD No. 03 -02 bond proceeds. Adequate funds are available in Project Account No. 210- 165- 723 -5802 for this $334,537.50 request, which includes the agreement amount of $304,125 plus a 10% contingency of $30,412.50. ATTACHMENTS: 1. Agreement for Consulting Services 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. BUTTERFIELD STAGE ROAD EXTENSION BELTWAY RORIPAUGH RANCH STREET IMPROVEMENTS PHASES 1 2, PW09 -02 THIS AGREEMENT is made and effective as of November 24, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City and David Evans and Associates, Inc., a Corporation (hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 24, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 24, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. Consultant shall provide a copy of prevailing wage rates to any staff or sub contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 1 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Four Thousand One Hundred Twenty Five Dollars and No Cents ($304,125.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. The City Manager may approve additional work up to ten percent (10 of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. in the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the 2 performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 9. INDEMNIFICATION In connection with its services under this Agreement, Consultant shall defend, hold harmless and indemnify City, District and /or Agency and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subconsultants, or agents in the performance of its services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any such claims with counsel reasonably acceptable to the City, District, and /or Agency's choice, 3 and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000): d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. ,The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 5 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall.not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a: All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 6 -or- To Consultant: 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 David Evans and Associates, Inc. Attention: Jeffrey K. Rupp, Vice President 4200 Concours, Suite #200 Ontario, California 91764 (909) 481-5750 (909) 481-5757 Fax No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub- contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or it the business of the Consultant or Consultant's sub contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 7 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula David Evans and Associates, Inc. (Two Signatures if required by corporate papers) By: By: Maryann Edwards, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULANT 9 Jeffrey K. Rupp, Vice President Gabriel Rodriguez, Senior Associate David Evans and Associates, Inc. Attn: Jeffrey K. Rupp, PE 4200 Concours, Suite #200, Ontario, CA 91764 (909) 481-5750 (909) 481 -5757 Fax jkr @deainc.com FSM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 10 October26, 2009 Ms. Mayra De La Torre Senior Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92589 -9033 DAVID EVANS .vNF) ASSOC Subject; REVISED PROPOSAL TO PROVIDE CIVIL ENGINEERING AND SURVEY SERVICES FOR THE BUTTERFIELD STAGE ROAD EXTENSION BELTWAY PROJECT, TEMECULA, CA Dear Mayra, As a follow -up to our recent meetings we have revised our proposal and fees and on behalf of David Evans and Associates, Inc. (DEA), I am pleased to offer our revised proposal for civil engineering and surveying services on the subject project. We have included in our proposal our scope of services, a map delineating the area to be surveyed, the proposal dated August 29 from VA Consulting, a detailed breakdown of our fees and proposed hours, and.a project schedule. It is our understanding that you would like to construct Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR).to Rancho California Road; Murrieta Hot Springs Road from the northerly City limits to BSR; and Mimi-adjoining street portions Calle Chapos, South Loop Road) and the requited underground utilities for the Fire Station. Below is a description of our project assumptions: Phasing We have revised our proposal from September 14 to show only two phases instead of three in order to save costs. The project will be prepared in two phases. Phase 1 will include BSR from MHSR to Calle Chapos /South Loop Road; MHSR from the northerly City limits to BSR; Calle Chapos from Walcott Lane to BSR; and South Loop Road from BSR to the easterly property line of the Fire Station. Phase 2 will include BSR from Calle Chapos to Rancho California Road: Environmental It is our understanding that the City has met with die three resource agencies including the Department of Fish and Game, Army Corps of Engineers, and Water Quality Control Board and they have cleared the City to proceed with the design and bidding process. Right of Way/ Mou's The developer is still responsible for the MOU obligations relative to easements and improvements adjacent to and along the project. The City will coordinate with the developer's representative on the easements and adjacent improvements and provide this information to DEA. We have already designed adjacent improvements. However, if different or additional improvements are negotiated through the MOU and additional or new designs are required this will require additional fees. We have not included fees for preparation of legal descriptions or plat maps, but can provide these services. Soils John Byerly and SID geotechnical are the geotechnical engineers of record. The developer is still responsible to hold the soils consultants accountable for their submission of soils reports, which will cover the embankments placed on BSR and MHSR. 4200 Concours, Suite 200 Ontario, California 91764 909.481.5750 fax 909.4£31.5757 October 26, 2009 Butledield Stage Road Beltway Extension Project Page 2 of 9 DEA will finalize the public improvement plans for both phases of the work and obtain approvals from the City, Riverside County Flood Control, and Riverside County Transportation. DEA will complete and obtain approvals for the public improvement plans including street improvements, traffic signing and striping plans, traffic signal plans, storm drain improvement plans, street lighting plans for SCE, and prepare a WQMP plan for proposed BMP's in the public R/W. In addition, DEA will survey and perform site review to field verify and show existing improvements and utilities. DEA will utilize two sub consultants which will include VA Engineering, and DMI. VA Engineering will prepare the traffic signal plans, the WQMP, and street improvements at the intersection of BSR and Rancho California Road. DMI will fly the site and provide a new aerial DTM survey. The current plans show the existing topography as it was in 2001. As discussed in our meeting we will survey and prepare a new topographic map. Since much of the site has been improved and been rough graded we will first prepare a new aerial topographic map and bring this in as the new background for our plans. This will provide us with an as -built plan and enable us to calculate precise earthwork quantities and show existing improvements. We will also verify which utilities have already been installed and show these as existing on the street improvement plans. We will also obtain additional field survey at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these facilities. This will enable us to prepare an accurate set of plans so the city can.get competitive bids and minimize change orders during construction. Plans will beproduced in Microstation Version J and both hard copies and digital files will be provided to the City. In addition, DEA will provide the City with a copy of Microstation Version J so the City has access and can edit the files. Plans are being produced in Microstation Version J due to the fact that the original plans were produced in this format. Once the plans have been completed and approved for both phases of the work, we will then modify some sheets of the plans at the phase join lines and break the plans into two bid package phases and provide the City with plans and estimate packages for each of the two phases. The city will prepare the bid package technical specifications and special provisions. SCOPE OF SERVICES DEA proposes to provide the City of Temecula with the scope of services listed below: PHASE A: IMPROVEMENT PLANS UPDATE TOPOGRAPHY AND UTILITY BASE SHEET PLAN UPDATE A.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. A.02 Prepare Aerial Topographic Survey The limits for the aerial mapping are described as that portion of Butterfield Road, terminating on the south by the centerline of Rancho California and on the north by Murrieta Hot Springs Road. The lateral limits will extend 300 feet on each side of the existing alignment. There are also three locations that have been identified that will be outside these limits, specifically one mile west October 26, 2009 Butterfield Stage Read Beltway Extension Project Page 3ot9 along Murrieta Hot Springs Road, at the intersection with Nichols Road and at the intersection with Calle Chapos Road. These areas will extend out to 900 feet or so at the intersection and 300 feet on each side of the noted centerlines. Horizontal and Vertical control will be established to support the aerial mapping, centerline surveys and topographic surveys. The survey control will be tied into the existing control that was originally set for this project. The aerial mapping will be prepared in conformance with National Map Accuracy Standards. Horizontal and Vertical aerial control panels will be set to meet aerial triangulation requirements. The mapping will be prepared to 1" 40' scale with 1 -foot contours and will be delivered in the client specified standards. If no standard is available, mapping will conform to DEA standards. 1 =40' scale.and a 1 -foot contour interval and DTM to client specified standards. (AutoCAD or Microstation J) Prior to notice to proceed. Supplemental topographic surveys will be performed to verify the aerial rnapping and to locate existing features and elevations needed for design. For the purposes of this proposal, 8 field crew survey hours (1 day) is included in this scope of services. The supplemental topographic survey data will be incorporated into the survey base map and will include those items collected during this task. Deliverables Aerial Map at a scale of 1" 40' with 1' C.I. and DTM. All work to be provided to client specified standard. A.03 Utility Research Gathering (TO BE PROVIDED BY THE CITY) The City of Temecula and DEA will request existing utility plans from utility purveyors for DEA's use in plotting utility information on the plan sheets. A.04 Utility Review (TO BE PROVIDED BY THE CITY) A City inspector or someone knowledgeable of the project construction will assist DEA by marking up the plans to delineate which utilities currently exist and which are proposed. A.05 Update Street and Store: Drain Plans wlnew topolutilities Utilizing the new aerial topographic survey prepared in task A.02, DEA will bring this in as a new background on our improvement plans and update the plans to reflect the existing conditions. In addition we will also map the utility information and show this information on the plans so the plans reflect the existing conditions. Modifications to the proposed slope grading will be made in order to reflect the existing conditions and provide the contractor with the as -built condition. A.06 Supplemental Field Survey DEA will survey and obtain additional field data at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these facilities. This will enable us to prepare an accurate set of plans so the city can get competitive bids and minimize change orders during construction. A.07 Update Street and Storm Drain plans Based on Supplemental Survey Utilizing the supplemental survey data, DEA will bring this in to show precise grades at join lines, utility inverts, "V" ditches, etc. so we can accurately adjust our plans and precisely tie into these October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 4 of 9 facilities. DEA will revise our plans and we may make minor revisions at joins in order to not have to reconstruct any existing facilities. A.08 Traffic Signal Plans VA Engineering will prepare the traffic signal plans for the intersections of BSR/MHSR, BSR/Nicholas, BSR /CaIIe Chapos, and BSR/Rancho California Road. VA's proposal is attached. A.09 WQMP BSR (VA Engineering) VA Engineering will prepare the WQMP. VA's proposal is attached. A.10 Signing and Striping Plans Update (11 sheets) DEA will update and finalize the signing and striping plans. A.11 Street Light Plans Update (4 Sheets) DEA will update and finalize the street light plans for Edison purposes. In addition, we will review the proposed locations of the street lights shown on the street improvement plans to make sure there are not any conflicts with existing utilities such as fire hydrants, utility vaults, etc. and revise the street light locations if necessary. A.12 Earthwork Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. A.13 Update Quantity Cost Estimate DEA will update the quantity cost estimate both on the drawing sheets and with an excel file. A.14 90% Submittal to City and County (71 sheets)(NOT INCLUDED) DEA will submit the plans at the 100% level. A.15 90% Submittal Corrections (71 sheets)(NOT INCLUDED) A.16 100% Submittal to City and County (71 sheets) DEA will submit the appropriate plans to the City of Temecula, Riverside County Flood Control, and Riverside County Transportation for review. We anticipate 71 sheets of plans covering both phases of the proposed project. We anticipate 26 sheets of street improvement plan and profile drawings, 11 sheets of traffic signing and striping plans, 4 sheets of traffic signal plans, 26 sheets of drainage plans, and 4 sheets of street light plans. Before submitting the plans to Riverside County Flood Control and Transportation Departments the City will arrange for meetings with senior level personnel at both the Flood Control and Transportation Departments to make these agencies aware of the project history and the fact that the plans have been through previous plan checks and approvals with these agencies. This should help speed up the plan check process and help to keep these agencies from starting over at first plan check. A.17 100% Submittal Corrections (71 sheets) A.18 Final submittal to City and County (67 sheets) A.19 Final Submittal Corrections (71 sheets) A.20 Submit Final Mylar's to City and County (71 sheets) October 26. 2009 Butterfield Stage Road Beltway Extension Project Page 5 of 9 DEA will submit the appropriate Mylar plans to the City of Temecula, Riverside County Flood Control, and Riverside County Transportation. We anticipate 71 sheets of plans covering both phases of the proposed project. We anticipate 26 sheets of street improvement plan and profile drawings, 11 sheets of traffic signing and striping plans, el sheets of traffic signal plans, 26 sheets of drainage plans, and 4 sheets of street light plans. DEA will also provide the City of Temecula with a licensed copy of Micro station Version J so the City can plot and edit the plans. We will also provide PDF files of all of the plans. A.21 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. A.22 Coordination Meetings with Riverside County Flood and Transportation DEA will have coordination meetings with the Riverside County Flood Control and Transportation Departments during the design process. A.23 Coordination Meetings with Developer on Slope Easement MOU's (TO BE PROVIDED BY THE CITY) The City will have coordination meetings with the developer during the design process regarding MOU's and provide information regarding the MOU's to DEA for incorporation into the plans. Optional Scope Item for Additional Project Management DEA will provide for additional Project Management time due to unforeseen City and /or other agency requirements. DEA will provide for additional time needed to conform the plans to existing conditions. DEA is not to proceed with this optional scope of work, unless directed by the City and authorized in writing. PHASE 1.0: PLANS, SPECIFICATIONS, ESTIMATES (45 Sheets) 1.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. 1.02 Title Sheets /Package Set Up (45 sheets) DEA will revise the title sheets to reflect the phase 1 improvements.and delineate the limits of phase 1 on the index maps. Plan sheets not required in phase 1 will be left on the sheet but have a line through those plans showing they are not a part of the phase. 1.03 Revise Street and Storm Drain Sheets at Phase Limits At the edge of each phase temporary grading, barricades, striping, signage, etc. will need to be placed. DEA will modify the relevant street, signing and striping, and drainage plans to depict this information. 1.04 Phase 1— Earthwork and Quantity Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. 1.05 Phase 1 —Bid Package Specifications (TO BE PROVIDED BY THE CITY) October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 6of9 It is our understanding that the City will prepare the bid package in Word format. The city will be responsible for preparing the general conditions, special provisions and technical specifications. The specifications will conform to the Greenbook. DEA will prepare the plans and bid quantities for incorporation by the City into the bid package. 1.06 100% Phase 1 —PS E Submittal to City 1.07 100% Submittal Corrections 1.08 Submit final Bond Plans to City (39 Sheets) DEA will submit final bond plans for phase 1 to the city for incorporation in the bid package. DEA will only provide Mylar sheets for new plans at phase limits. We anticipate 2 to 3 sheets of new Mylar plans. 1.09 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. PHASE 1.1: Bidding Phase 1.10 Bid Assistance During the bid process, DEA will be available to answer RFI's and issue addendums. 111 Pre -Bid and Pre Construction Meetings DEA will attend a preconstruction meeting, assist in answering civil engineering related questions and will also provide information /files needed for bidding PHASE 1.2: Construction Administration Phase 1.20 Construction Administration (Not Included) DEA is available to provide construction administration services on a T M basis. PHASE 1.3: Project Closeout/Record Drawings Phase 1.30 Record Documents /Project Closeout At completion of Phase 1 DEA will prepare as -built plans based on the red -lined plan provided by the contractor. DEA will not survey or field verify information, but instead base the as -built off of the contractor's red -line. PHASE 2.0: PLANS, SPECIFICATIONS, ESTIMATES (32 Sheets) 2.01 Project Kick -Off Meeting DEA will meet with the city and project team to confirm the scope of services, phasing, schedule, and budget. We will review the current plans and go through them in detail to discuss our approach and the proposed improvements. 2.02 Title Sheets/Package Set Up (32 sheets) DEA will revise the title sheets to reflect the phase 2 improvements and delineate the limits of phase 2 on the index maps. Plan sheets not required in phase 2 will be left on the sheet but have a line through those plans showing they are not a part of the phase. October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 7 of 9 203 Revise Street andSIoiin Drabs Sheets aiPhase Limits At the edge of each phase temporary grading, barricades, striping, signage, etc. will need to be placed. DEA will modify the relevant street, signing and striping, and drainage plans to depict this information. 2.04 Phase 2 Earthwork and Quantity Calculations DEA will calculate earthwork quantities using the new aerial survey and by generating a DTM. 2.05 Phase 2 —Bid Package Specifications (TO BE PROVIDED BY THE CITY) It is our understanding that the City will prepare the bid package in Word format. The city will be responsible for preparing the general conditions, special provisions and technical specifications. The specifications will conform to the Greenbook. DEA will prepare the plans and bid quantities for incorporation by the City into the bid package. 2.06 100% Phase 2 —PS E.Submittal to City 2.07 100% Submittal Corrections 2.08 Submit final Bond to City (32 Sheets) DEA will submit final bond plans for phase 1 to the city for incorporation in the bid package. DEA will only provide Mylar sheets for new plans at phase limits. We anticipate 2 to 3 sheets of new Mylar plans. 2.09 Coordination Meetings with City DEA will have coordination meetings with the consultant team and the city during the design process. PHASE 2.1: Bidding Phase 2.10 Bid Assistance During the bid process, DEA will be available to answer RFI's and issue addendums. 2.11 Pre -Bid and Pre Construction Meetings DEA will attend a preconstruction meeting, assist in answering civil engineering related questions and will also provide information /files needed for bidding PHASE 2.2: Construction Administration Phase 2.20 Construction Administration (Not Included) DEA is available to provide construction administration services on a T M basis. PHASE 2.3: Protect Closeout/Record Drawings Phase 4 RG 2.30 Record Documents /Project Closeout At completion of Phase 1 DEA will prepare as -built plans based on the red -lined plan provided by the contractor. DEA will not survey or field verify information, but instead base the as -built off of the contractor's red -line. (JA a v?'.NS .S SOC{ATES'-:- October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 8 of 9 FEES DEA proposes to complete the improvement plans update, and phase 1 -2 P E packages for a Not To- Exceed Fee of $261,125 (two hundred sixty one thousand one hundred and twenty five dollars). A detailed breakdown of hours and personnel is shown in our fcc schedule enclosed. Invoices will be due and payable within thirty (30) days, and will be sent monthly based upon the actual hours expended in accordance with the payment schedule below: Phase FEE Reimbursable A Improvement Plans Update $182,965 9,092 1— P E, Bid Asst, Closeout 43,550 2,177 2 P E, Bid Asst, Closeout 34 610 1,731 Total $261,125 $13,000 *Optional Task for ad Project Management 30,000 '*Written authorization required from City Total (Fee Reimbursables Optional Task) $304,125 Mileage, per diem, delivery costs such as Federal Express charges and the cost of prints /reproductions will be considered as reimbursable fees and billed out at cost and is not included in the above fees. For budgetary purposes we estimate reimbursable expenses to be $13 ;000 (thirteen thousand dollars). However, governmental fees are not included. Governmental plan check and permit fees shall be paid directly by the owner to the agency. ASSUMPTIONS A detailed breakdown of our proposed hours is shown on the attached spreadsheets and should be made part of our contract. We have assumed specific hours for coordination meetings with the City, Riverside County Flood, and Riverside County Transportation. In the event that we are required to attend additional meetings with these agencies we will require additional fees for meeting and coordination time. EXCLUSIONS The, following services are excluded from our scope of services: environmental planning and permitting, construction staking, geotechnical engineering, legal descriptions, right of way and boundary survey, structural engineering, NPDES permitting, a SWPPP, construction administration, and landscape architecture. We look forward to being a part of this significant project and are pleased to provide you with our professional services. Thank you again for the opportunity to provide you our proposal for your project. Should you have any questions please contact me at (909) 481 -5750. Sincerely, DAVI 1 AN Je rey` upp, P.E. Vice President SOCIATES, INC. O: 1Mm$ etingWroposnlslflTemeculalfimerfield Stage Road Extension Beltway Project Proposall0- 16 -09.doc October 26, 2009 Butterfield Stage Road Beltway Extension Project Page 9 of 9 SCHEDULE OF HOURLY BILLING RATES Rates Effective through September 30, 2010* Q ice Principal Project Manager Professional Engineer Professional Land Surveyor Professional Landscape Architect Professional Architect Professional Planner Survey Analyst Civil Designer Landscape Designer Land /Environmental Planner' CADD Designer CADD Drafter Clerical Note: Authorized overtime will be charged at 1.5 times the above rate. eldStaff: 2- Person Survey Crew 3- Person Survey Crew Note: Per union agreement, there is a 4 6- and 8 -hour minimum charge for field survey work. eimbursabte.Expenses Client shall pay the costs, plus 15 for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. "rates subject to annual increase $215.00 $195.00 $180.00 $180.00 $160.00 $160.00 $160.00 $155.00 $150.00 $120.00 $120.00 $125.00 $105.00 $90.00 $280.00 $340.00 August 26, 2009 Ms. Mayra De La Torre Senior Engineer, CIP City of Temecula 43200 Business Park Drive Temecula, CA 92589 0/0 Mr. Jeff Rupp David Evans and Associates, Inc. 4200 Concours, Suite 200 Ontario, CA 91764 Dear Mayra and Jeff: Thank you for your request for VA Consulting, Inc. (VA) to provide this proposal for completion of the plans and related documents for traffic signals, intersection improvements and Water Quality Management Plan (WQMP) for several street improvements in the City of Temecula (City) adjacent to Roripaugh Ranch Development project. This proposal includes scope of work and fees for the following projects: Traffic Signal Plans for Butterfield Stage Road (BSR) Nicolas Road (NR), BSR Calle Chapos (CC) and BSR Murrieta Hot Springs Road (MHS); Improvement plans for BSR Rancho California Road (RCR) intersection; and Water Quality Management Plan for Butterfield Stage Road improvements. We have prepared this proposal for the purpose of updating and finalizing the plans and specifications for inclusion into the bid sets for public bidding by the City of Temecula. A task specific scope of services is provided in Section I and proposed fees in Section 11 of this proposal. VA will provide these services on a time and materials, not -to- exceed basis in accordance with the attached fee schedule (Exhibit "N'). I. SCOPE OF SERVICES Traffic Signal Plans (BSR NR, BSR CC, BSR MHS) VA will update the traffic signal plans for BSR NR, BSR CC and BSR 1 MHS to be in compliance with the latest City and County ordinances, update general and construction notes, and update other pertinent information to be consistent with the public bid documents by the City. VA Consulting, Inc. Cogiorate Mire Orange County Division 6-H}0 Oak Canyon. Suite. 50 Irvhie. CA 92618 %War)A3 rtJ,e,tz.Y(J' '2WaThtCti M t n..a aWI OIT,agOVOUP do: Phouc 949.471.1400 Fax 9.19281 8482 City of Temecula c/o David Evans Associates, Inc. Traffic Signal WQMP for Butterfield Stage Road August 26, 2009 Page 2 of 5 2. Intersection Improvements (BSR /RCR) VA will complete the intersection improvement and traffic signal modification plans for the intersection of BSR RCR. The work will include incorporating the items requested by the County during the May 15, 2007 meeting consisting of: Addition of AC Paving to improve intersection; Improve the Amanda Place approach to BSR; Prepare a hydrology /hydraulic analysis to provide a drainage design for elimination of nuisance flow at the north side of BSR and convey into existing 24" CMP to Longview Channel; Coordinate with interested parties to resolve conflict with Wine Country Monument Sign; Update the plans to be in compliance with the latest City and County Standards; and Submit plans to City for review and approval. 3. WQMP for BSR Improvements The Project is located within the Santa Margarita River Region. Therefore, street, road, highway, and freeway projects that create paved surfaces of more than 5,000 square feet require the preparation of a WQMP. This task provides for the preparation of a WQMP for the .Project. The WQMP will identify potential pollutants of concern and water quality peak flow rates and volumes. The WQMP will identify recommended treatment control, source control, and site design Best Management Practices (BMP's) to be incorporated into the Project in order to address post construction water quality concerns. The WQMP will consist of a narrative describing procedures, findings, and recommended BMP's as well as a figure identifying the placement of the recommended BMP's within the extents of the Project. The WQMP will conform to City and Regional Water Quality Control Board (RWQCB) standards for format and content and will incorporate the information and data established for the approved WQMP for the Roripaugh Ranch Development Project. The WQMP will be based on the street improvement plans prepared by David Evans and Associates, Inc. (DEA) for the subject road, and will assume that DEA will update the plans to provide for incorporation of the BMP's identified in the WQMP. It is noted that the creation of paved surfaces will generate a Hydraulic Condition of Concern (HCC). Therefore, the mitigation of 2 -year and 10 -year, 24 -hour peak runoff rates will be required by means of storm water detention. Therefore, this task includes the analyses required to size detention basins to address the HCC and to serve as treatment control BMP's for the Project. Design of the required detention basin is not included as part of this task and will require an additional scope of work and fee to this proposal. EF. ;r. -Am 2OWin,i *g:, ,a in,wc,.a:nnorr1rt,.JI.WOMP.a. City of Temecula c/o David Evans Associates, Inc. 'traffic Signal WOW for Butterfield Stage Road August 26, 2009 Page 3 of 5 4. Project Meetings and Management Coordination VA will attend up to two project meetings, if required, and coordinate the project with the City, DEA and other involved parties. A total of 16 hours of project management time has' been considered for this task. If required, VA will attend additional meetings with prior Client authorization on a time -and- materials basis. 5. Bid Assistance VA will assist City in responding to bidders' questions by preparing written responses within 8 hours 01 receiving questions. VA will attend one pre -bid meeting at the site. For purposes of this proposal, VA has assumed a total of 8 hours of staff time for this task. 6. Construction Support Services VA will provide engineering support during construction to review contractor submittals, respond to Request For Information (RFD's, attend field meetings, and observe construction progress. For purposes of this proposal, VA has assumed a total of 16 hours of staff time for this task. 7. Record Drawings VA will prepare Record Drawings developed from redlines prepared by the contractor and surveyor. Mylars and an electronic copy of the plans will be submitted to the City when the project is completed. For purposes of this proposal, VA has assumed a total of 8 hours of staff time for this task. II. ESTIMATED FEES 1. Traffic Signal Plans (BSR NR, BSR CC, BSR MI 1,000 2. Intersection Improvements (BSR RCR) $14,000 3. WQMP for BSR Improvements 6,500 4. Project Meetings and Management /Coordination 2,600 5. laid Assistance 1,300 6. Construction Support Services 2,600 7. Record Drawings 1,300 TOTAL ESTIIVIATED FEES $29,300 City of Temecula c/o David Evans Associates, Inc. Traffic Signal WOMP for Butterfield Stage Road August 26, 2009 Page 4 of 5 Assumptions and Exclusions 1. Agency fees associated with the processing, approval, or permitting of Project plans and /or maps will be provided by Client. 2. Dry utility design and plans will be prepared by others. 3. Client may set up an account with a blueprint company, or may elect to have VA process as a reimbursable expense. VA will surcharge all reimbursable expenses 10% to cover costs of invoicing, processing and carrying charges. 10. Fees for this proposal apply to work completed during year 2009, and will be subject to change based on VA's revised fee schedule published on January 1 each year thereafter. We hope that the above services will be sufficient for DEA and the City for the preparation of the construction bid set documents for public bidding. We look forward to the opportunity to work with you and other team members on this project. Should you have any questions, please contact -meat (949) 474 -1401 extension 212. Sincerely, Vahid, P President and CEO MPV /kam Enclosures: Exhibit "A" VA 2009 Fee Schedule cc: Keith Rutherfurd, Dan Villines, Contracts Staff Classification EXHIBIT "A" VA CONSULTING, INC. FEE SCHEDULE 2009 Civil Engineering and Planning Services Hourly Rate President 190 Division President /Division Manager $173 Sr. Vice President /Vice President Exec. Director $163 Director $160 Senior Project Manager $155 Project Manager $147 Assistant Project Manager $142 Senior Project Engineer /Senior Design Supervisor /Senior Planner $137 Project Engineer /Design Supervisor $132 Senior Design Engineer /Senior Designer $122 Design Engineer /Planner $117 Designer $110 Assistant Engineer /Assistant Planner $100 Research and Processing Coordinator Senior CADD Technician $90 Junior Engineer $85 CADD Technician $80 Engineering Intern $70 Office Support /Clerical $69 Field Survey and Mapping Services Director of Survey and Mapping $158 Manager of Field Survey $130 Survey and Mapping Associate $95 Survey and Mapping Technician $75 3-Man GPS Crew 8235 2 -Man GAS Crew $205 1 -Man GPS Crew $175 Special Serv Litigation $450 Notes: 1. Invoices will be prepared for all sehdces Through the end of each calendar month. Invoices are due and payable on presentation. 2. Overtime, when requested by the client, will be surcharged at a rale of 135% Iho standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, Travel (including lodging and meals), and other direct expenses will be charged at cost plus 10 The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. d. In-house reprographics charges: 13 &W Bond copies 51.00 /sq.it, Color Bond $6.00 /sgil. 5. Mileage will be billed at standard mileage rates set by IRS. 2005 rates currently listed aI 50.55 pei mile. 4 4 1,380 Survey 2 2 4 8 32 24 14,470 1( (TO BE PROVIDED BY THE CITY) )ED BY THE CITY) in Plans w /new topo /utilities (52 sheets) 8 8 52 78 20,550 2 16 12 48 24 19,110 in Plans based on Sup Survey (52 sheets) 4 156 78 33,930 14,000 gals VA) 1 195 1,000 2 390 6,500 )pdate (11 sheets) 4 11 11 3,805 1 sheets) 2 8 8 2,590 2 40 16 8,390 :es 2 52 30 10,890 )unty (71 sheets) (NOT INCLUDED) dOT INCLUDED) 1ounty 2 16 16 3,830 2 36 36 0 10,290 County 2 16 16 3,830 0 0 0 0 ?Ls) 2 33 33 7,485 1ity 10 10 3,750 2,600 2iv Co Flood and Trans 10 10 3,750 )pe Easement MOU's (CITY TO PROVIDE) Topography and Utility Base Sheet Plan Update 61 30 379 292 20 80 48 95 148,635 24,100 itional Project Management oritten authorization by City W Up (45 sheets) e. t'Y 'tom ++rt 4...tk .a a "nP'{'5 n;• 2 ."L 16 16 4 4 0 4,790 Ws at Phase Limits 2 1,680 4 ngs 32 24 0 8,580 :alculations Total for Bidding Phase 4 2 0 16 8 0 0 2$ 16 5,230 ms (TO BE PROVIDED BY THE CITY) City (45 Sheets) 2 16 24 6,870 2 8 8 3,030 5 sheets) 4 4 4 2,100 4 4 1,500 Total for Phase 1 PS E's 24 32 100 48 0 0 0 16 32,880 of t 5.. ".e .':�.dv�m x e. t'Y 'tom ++rt 4...tk .a a "nP'{'5 n;• r� ^«".c¢..� ."L r Enti x 4 4 0 2 1,680 1,30 ngs 0 Total for Bidding Phase 4 4 0 0 0 0 0 2$ 1,680 1,31 otartcliTh d 4 0 0 0 0 0 0 0 0 Je Provided on a T M Basis r Construction Administration Phase ase 2 2 0 15 15 30 30 0 0 0 0 6,390 6,390 ject Closeout /Record Drawings Phase 1,30 1,3( 30 5,850 36 6,480 115 17,250 78 9,750 0 0 0 18 1,620 40,950 Total Hours nd Total for Phases 1.0 through 1.3 2,61 et Up (32 sheets) 2 16 16 0 4,790 =ts at Phase Limits 4 16 12 0 4,680 :alculations 2 4 4 16 2,930 Dns (TO BE PROVIDED BY THE CITY) City 2 8 16 4,230 2 8 8 8 3,030 32 sheets) 4 4 4 2,100 9 4 8 1,50D Total for Phase 2 PS E's 29 24 64 32 0 0 0 16 24,040 4 4 0 2 1,680 2,000 ings 0 Total for Bidding Phase 4 4 0 0 0 0 0 2$ 1,680 2,000 t,lnc uded 0 0 0 0 0 0 0 0 se Provided on a T M Basis for Construction Administration Phase asesi. 2 2 0 8 8 32 32 0 0 0 0 5,590 5,590 roject Closeout /Record Drawings Phase Total Hours rand Total for Phases 2.0 through 2.3 1,300 1,300 30 5,850 28 5,040 72 10,800 64 8,000 0 0 0 18 1,620 31,310 3,300 t,lnc uded 0 0 0 0 0 0 0 0 se Provided on a T M Basis for Construction Administration Phase asesi. 2 2 0 8 8 32 32 0 0 0 0 5,590 5,590 roject Closeout /Record Drawings Phase Total Hours rand Total for Phases 2.0 through 2.3 1,300 1,300 30 5,850 28 5,040 72 10,800 64 8,000 0 0 0 18 1,620 31,310 3,300 ari- 26 27 28,4[29 30 31lt324tl33 39 35 36 3A38 M U t: Sheet P a 1.1. g ate P ashes ta'�n ;2 '::ri v...+ MMMMMMMMMMMMMMUMMIMMIMMMMMMMMMMMIMMEMM -a M M M MMIIIMMMINIMMMM MIIIIMMO i' MMMMMMMM IMMMMMMMMMMMO MMMIMMIM MIMMMMMMM M 7777 AAA A vey BE PROVID BY TH E BY THE CITY) Plans w /new topo /ut Plan Is ate ty and y eets) Co Easement Ing je Set Up Sheets at ty Calcul to y (39 y /feet based VA) 11 Coun CI' ngs L11 be Pro heets) sheets nd County NCLUDED) m y County Flood y y a rations (TO N and NOD 39 BE sheets) on ons ded Sup (NO s sheets) Phase Li on ans BY a C PROVIDED INCLUDED lities (46 sheets) Survey INCLUDED) CITY t BY (46 THE shee C s runty and s Id prepare phase 1 and 2 bid packages concurrently and still meet this same schedule. PROJECT LOCATION Project Title: 13UTTERFIELD STAGE ROAD EXTENSION REIT AY PRO.IE RRIETAitIOLSPRINGS ROAD PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Acquisition Facilities' Construction Construction Engineering Design Environmental Source of Funds: CFD (Roripaugh Ranch Tl,M Total Funding: Future 0 M Cost: PRIORITY: 1 BUTTERFIELI) STALE ROAD EXTENSION BELTWAY PROJECT' Circulation Complete Butterfield Stage Road' from Rancho California Road to Murrieta Hot Springs Road: Murrieta Hot Springs Road from Butterfield Stage Road to the City limits; and Nicolas Road from Butterfield Stage Road to Calle Girasol, totaling approximately 4.2 miles. Street improvements within the incorporated City limits will include curb. gutter, sidewalks, drainage facility, and streetlights in addition to the pavement. Public Works— Account No. 210.165.723 Project includes the formation of a community facilities district, acquisit of right of way. environmental analysis, design. and construction. The design and construction will include the four lanes on Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road; four lanes on Murrieta Hot Springs Road from Butterfield Stage Road to the City limits; and four lanes on Nicolas Road from Butterfield Stage Road to Calle Girasol. Project will improve traffic circulation, Actuals. to Date 2009 -10 2010 -11 S 130,746 550.000 S 657.294 1,425,718 300,000 S 256,081 S 16,300,000 7,870,518 11,575.012 5 250,000 350,000 S 150.000 150,000 50,000 250,000 Totals 1,556.464 25,470,518 5 13,238,387 118,464 5 25,470,518 5 13,238,387 1,438,000 18,000 Annually. Note, Assumes that only minor right -of wag nuquisinaru would be neccswrvand that all major 'Reimhursements for competed facilities. Cannot cxcced bond pcoceeds and what is needed fax **Construction funding is fug Phase 1 in 2009-10 and Phase 2 in 2010-1€ 2011 -12 5 4( .265,369 2012 -13 2013 -14 -of-way dcdlc twins arc voluntary'. rstnxaingPhases 1 and 2. Total Project Cost S 1.338,040 1,981,799 16,300.000 17.445,530 5 600.000 S 300.000 300.000 5 38,827,369 1,438,000 1,556,464 25.470 13,238,387 S 5 40 265,369 Item No. 8 Approvals City Attomey Director of Finance City Manager At CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Glenn Patterson, Fire Chief DATE: November 24, 2009 SUBJECT: First Agreement Amendment with ProActive Fire Design Consulting, Inc. PREPARED BY: Sean Dakin, Fire Marshal RECOMMENDATION: That the City Council approve the First Amendment with ProActive Fire Design Consulting for an additional amount of $35,000.00 to increase the existing contract amount to $60,000.00. BACKGROUND: On May 18, 2009, the City Manager approved an agreement for $25,000.00 with ProActive Fire Design Consulting, a fire protection consulting company that performs plan check service for the Fire Department on an as needed basis. Plan check service is utilized when fire prevention staff experiences an increased level of applications that exceed their abilities to process plan submittals within acceptable timeframes. There has been an increase in plan checks over the last several months and in order to meet The City of Temecula's customer service standards for plan check turnaround timelines staff recommends the increase in the agreement for service to $60,000.00 through June 30, 2010. The additional funds will allow us to provide quality customer service and effectiveness through the end of the fiscal year. The increase is fee supported by development activity. The Fire Department conducted an informal request for quotes from five known plan review companies and after a three week waiting period only received two responses. Staff has reviewed and chosen ProActive Fire Design Consulting, Inc. because they are the lowest bid received and has proven to do quality work and maintain the City's customer service standards. FISCAL IMPACT: Adequate funds are available in the current fiscal year 2009/2010 Fire Operating Budget. ATTACHMENTS: Contract Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN CONSULTING, INC. FIRE DEPARTMENT PLAN CHECK SERVICE THIS FIRST AMENDMENT is made and entered into as of November 24, 2009 by and between theCity of Temecula, a municipal corporation (hereinafter referred to as "City and ProActive Fire Design Consulting, Inc. a Corporation(hereinafter referred to as "Consultant In consideration of the mutual covenants and conditions set forth herein; the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 18, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Check Service in the amount of $25,000.00. b. The parties now desire to increase the dollar amount and amend the Agreement as set forth in this Amendment. 2. Section Three of the Agreement entitled "PAYMENT" at paragraph "a" is hereby„ amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Thirty Five Thousand Dollars for additional plan check service for a total Agreement amount of Sixty Thousand Dollars and No Cents ($60,000.00)." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula ProActive Fire Design Consulting, Inc. (Two Signatures if required by corporate papers) 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 ProActive Fire Design Consulting, Inc. Don Walton 45686 Hopactong Street 951- 695 -3539 951 695 -3539 Proactive.fd@verizon.net 2 Don Walton, President Jo Marie Walton, Secretary FSM Initials: Date: Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Tim Thorson, Director of Information Systems DATE: November 24, 2009 RECOMMENDATION: That the City Council: Approvals City Attomey Director of Finance City Manager Mer SUBJECT: Old Town Civic Center (OTCC) HP Enterprise Systems Contract with Nth Generation Computing Inc. 1. Award a contract to Nth Generation Computing Inc. for the Old Town Civic Center HP Enterprise Computing Systems in the amount of $781,165.04 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $78,116, which is equal to 10% of the contract amount. BACKGROUND: The Old Town Civic Center Project Phase 2 consists of a new city administration building, City Hall with attached Council Chamber and semi attached auxiliary room. The Civic Center's enterprise computing system will follow the architecture described in the City's Information Systems Master Plan. Because of the size and complexity of the project a Request for Qualifications process was initiated to solicit a firm with certified systems engineers and installers that have recent proven experience in the installation of large scale HP Enterprise Systems. A Request for Qualifications (RFQ10 -09) was submitted on PlanetBids with a final filing date of October 30, 2009. Nth Generation Computing Inc. was the only vendor that responded to the RFQ. On November 10, 2009, the City Council authorized staff to negotiate an agreement to obtain equipment and services from Nth Generation Computing Inc. to satisfy the computing requirements for the OTCC. The equipment and professional services included in this agreement provide the following capabilities: 1. HP C7000 Blade Systems 2. HP EVA4400 Storage Area Network (SAN) 3. VMware for Virtual Machine Architecture 4. HP Servers for Traffic Light Monitoring System 5. CommVault Simpana 8 Backup Software 6. HP Procurve Network Switches 7. HP Professional Services and Installation 8. System Training Education FISCAL IMPACT: The Old Town Civic Center— Phase II project is included in the FY 2008 -12 capital improvement program, and is funded with Cap Reserves Certificates of Participation and DIF Corporate Facilities. Adequate funds are available in the project account Account# 210 -165- 751 -5601 for this expense. The total amount requested is $859,281.04, which includes the base agreement amount of $781,165.04 plus a 10% contingency of $78,116. ATTACHMENTS: City of Temecula Agreement with Nth Generation Computing Inc. Nth Generation Statement of Work CIP Project Description CIP Project Location PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND NTH GENERATION HP ENTERPRISE COMPUTING EQUIPMENT OLD TOWN CIVIC CENTER THIS AGREEMENT is made and effective as of November 24, 2009 between the City of Temecula, a municipal corporation (hereinafter referred to as "City and Nth Generation, 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 November 24, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 23, 2010 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional year term. In no event shall the contract be extended beyond November 23, 2011. 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. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City HP Enterprise Computing Equipment as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment 3. PURCHASE INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Seven Hundred 'Eighty One Thousand One Hundred Sixty Five Dollars and four cents. ($781,165.04). The Purchase Price is final and shall be paid by City to Contractor in accordance with the schedule attached hereto in Exhibit C. The City Manager may approve additional work up to ten percent (10 of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall procure and install the equipment as described in the Equipment Quote, attached hereto and incorporated herein as Exhibit A "Equipment Quote Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work as described in the Statement of Work attached hereto and incorporated herein as Exhibit B "SOW 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 Equipment Quote and Statement of Work. The Work shall be completed and. 1 deliverables provided as set forth in the Statement of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained. on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as the Enterprise Computing Equipment for the Old Town Civic Center and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. 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. 7. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 2 8. TIME OF DELIVERY The date and time of delivery of the EVA4400 SAN and c7000 are on or before January 1, 2010. The date and time of delivery of the remaining equipment is on or after January 15, 2010 due to the availability of secure storage. 9. PLACE OF DELIVERY The EVA4400 and c7000 equipment shall be delivered to 43200 Business Park Dr, Temecula CA 92590. The delivery of all other OTCC equipment will be to the Parking Structure at this location: 28690 Mercedes St, Temecula, CA 92590. 10. REJECTION In the event of such notice of non conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. 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. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description hereto as Exhibit A, Scope of Work attached hereto as Exhibit B, and Payment Schedule attached hereto as Exhibit C. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 3 c. In the event of a conflict in terms between this Agreement, the Request for Qualifications (RFQ) and /or the Contractor's response to the RFQ, this Agreement shall prevail over the RFQ and the Contractor's response to the RFQ. a.. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the 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 the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service 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 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. 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. than: 14. DEFAULT OF CONTRACTOR 15. INSURANCE REQUIREMENTS 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. 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 project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4 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 -:Vtl 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. 5 16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. 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. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 20. 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. 6 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: To Contractor: 22. GOVERNING LAW 23. ENTIRE AGREEMENT City of Temecula Attn: City Manager P.O. Box 9033 Temecula, California 92589 -9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92590 Nth Generation 17055 Camino San Bernardo San Diego, CA 92127 The City and Contractor understand and agree that the laws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem 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. 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. 24. 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. 7 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 Nth Generation (Two Signatures if required by corporate papers) Nth Generation 17055 Camino San Bernardo San Diego, CA 92127 Attn: Julie Leon 8 Name and Title Name and Title FSM Initials: Date: Exhibit A etiaostioitestat sow 'Service and Technology to the NTH Degree' stimated lead Time Lance.cary@nth.com 858 -673 -8431 11113/2009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 SAN 1 HP EVA4400 Dual Controller Array 8 HP M6412 -A Fibre Channel Drive Enclosure 40 HP EVA M6412A 450GB 15K FC Drive 1 HP Storage Essentials 6.1 SW Media 1 HP Stor Essen Perf Ed 150 MAP SW LTU 1 HP CV EVA 9.1 Rep Sol Mgr 5.0 Media Kit 1 HP Command View EVA4400 Unlimited SW LTU 1 HP Smartstart for EVA V3.1 E -Media Kit 2 24A Model mPDU, 24A, High Voltage 4 HP 2m Multi -mode 0M3 LC /LC FC Cable 1 HP 5Y 24x7 SW Support 1 CV EVA Unlim LTU SW Supp 1 HP Software 97E Supp 1 No Additional Services 1 HP SW SE PE Service Offering SVC 1 HP 5Y 6 Hour Call To-Repair HW Support Note: Storage Essentials has 1Y standard warranty only Page 1 175 $151,674.00 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858 -673 -8431 www.nth.com 'Service and Technology to the NTH Degree' 11/13/2009 Project Number: 49580 Quoted To Estimated Lead Time 15 D2 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 Blade Servers 1 HP BLc7000 CTO 3 IN LCD ROHS Encl 1 BL460c G6 CTO Blade 1 HP E5540 BL460c G6 FIO Kit 3 HP 4GB 2Rx4 PC3- 10600R -9 Kit 2 HP 146GB 10K SAS 2.5 DP HDD 1 HP BLc QLogic QMH2562 8Gb FC HBA Opt 1 HP Raid 1 Drive 1 Setting 2 BL460c G6 CTO Blade 2 HP E5540 BL460c G6 FIO Kit 6 HP 4GB 2Rx4 PC3- 10600R -9 Kit 4 HP 146GB 10K SAS 2.5 DP HDD 2 HP Raid 1 Drive 1 Setting 9 HP BL490c G6 CTO Blade 9 HP E5540 BL490c G6 FIO Kit 9 HP E5540 BL490c G6 Kit 162 HP 4GB 2Rx4 PC3- 10600R -9 Kit 9 HP BLc QLogic QMH2562 8Gb FC HBA Opt 2 HP B- series 8/24c BladeSystem SAN Switch 2 HP BLc VC Flex -10 Enet Module Opt 2 HP BLc VC 1Gb RJ-45 SFP Opt Kit 4 HP BLc 10Gb SR SFP+ Opt 1 HP 6X 2400W High Efficiency FIO Pwr Sply 1 HP BLc7000 DDR2 Encl Mgmt Option Page 2 175 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858 673 -8431 www.nth.com s(imated LeaTime 11/13/2009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 "Service and Technology to the NTH Degree' 1 HP BLc7000 1 PH FIO Power Module Opt 1 HP c -Class All FIO 16 Icm license w/ 1yr 24x7 Lic media included 1 HP BLc 6X Active Cool 200 FIO Fan Opt 1 HP 5Y 24x7 SW Support 1 HP ICE -BL 16 -Svr SW Support 1 HP 5Y 6h CTR HW Support 1 c7000 Enclosure HW Supp 12 BL4xxc Svr Btd HW Support 2 Brocade 4/12 and 4/24 SAN Switch Supp 2 HP 3 PHS 40A NA Modular PDU Core Kit 16 HP 5m Multi -mode 0M3 LC /LC FC Cable 4 HP BLc SFP+ 7m 10GbE Copper Cable 8 HP 8Gb Shortwave B- series FC SFP+ 1 Pack $155,655.00 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858- 673 -8431 www.nth.com Lance Cary Lance.cary@nth.com 858 -451- 2383x122 r 858 673 8431 4uotat!orIExplres j 11/30/2 1111312009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 tvalt 'Service and Technology to the NTH Degree° sttrnated Lead:Tme HP ProCurve 2ND FLOOR MDF 16 ProCurve Gigabit SX -LC Mini -GBIC 2 ProCurve Switch 5412z1 -96G Intel] Edge 2 Procurve Switch zl 24 -P Mini -GBIC Module 2 ProCurve Switch 5400z1 Premium License 4 HP ProCurve 1500W PoE+ zl Power Supply 4 HP ProCurve 4 -Port 10GbE SFP +zI Module 30 HP ProCurve MSM422 US Access Point 4 HP ProCurve MSM765zI Mobility Controller 2ND FLOOR USER AGGREGATION 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 z] 48G Intel) Edge 1 ProCurve Switchzl 24 10/100/1000 PoE Mo 1 ProCurve Switch zl 20 Gig -T4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply 1ST FLOOR PUBLIC WORKS 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl 48G Intel] Edge 1 ProCurve Switchzl 24 10/100/1000 PoE Mo 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply 1ST FLOOR LOBBY AREA LOCATION 2 ProCurve Gigabit SX -LC Mini -GBIC Page 4 175 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858 -673 -8431 www.nth.com 11113/2009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 'Service and Technology to the NTH Degree' Lance Cary Lance.cary@nth.com 858 673 -8431 858 451 2383x122 ulie Leon 50354 1 ProCurve Switch 5406 2148G Intel! Edge 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply COUNCIL CHAMBERS 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl Intelligent Edge 1 ProCurve Switchzl 24 10/100/1000 PoE Mo 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply COMMUNITY ROOM 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl Intelligent Edge 1 ProCurve Switchzl 24 10/100/1000 PoE Mo 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply 2ND FLOOR TEL/DATA /ELECT LOCATION 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl 48G Intel! Edge 1 U.S. English localization 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply 3RD FLOOR CITY CLERK LOCATION 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl 48G Intel! Edge Page 5 175 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858- 673 -8431 www.nth.com Lance Cary Lance.cary@nth.com 858 673 -8431 uotation.Ezpge 11/13/2009 Project Number: 49580 'Service and Technology to the NTH Degree' Estimated' Lead'. Time Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zl Power Supply 3RD FLOOR CITY COUNCIL LOCATION 1 HP ProCurve Manager Plus 3.0 software -50- device license 2 ProCurve Gigabit SX -LC Mini -GBIC 1 ProCurve Switch 5406 zl 48G Intel) Edge 1 ProCurve Switch zl 20 Gig -T 4 mGBIC Mo 2 HP ProCurve 1500W PoE+ zi Power Supply 1 HP ProCurve Network Immunity Manager 2.0 software -50- device license 1 HP ProCurve Mobility Manager 3.0- 50- device license 1 HP ProCurve Identity Driven Manager 3.0 software -500 -user license 2 HP Startup ProCurve Chassis 53/5400 8212 Page 6 175 $190,556.00 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858- 673 -8431 www.nth.com Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 'Service and Technology to the NTH Degree' VMware Licenses 6 VMEP VPPB -VM vSphere 4 Ent Plusfor 1 processor (Max 12 cores perprocessor) 3 VMCO -1 Yr Gold SnS VM Ent Plus Acceleration Kit for 6 processors Traffic Server 1 HP DL380G6 CTO Chassis 1 HP 5y 4h 24x7 ProLiant DL380 HW Support Page 7 175 18 1 Yr Gold SnS 1 VMware View Premier Bundle: 100 pk,including VI Enterprise, View Manager, ViewComposer, ThinApp (p 3 VMEP -Gold SnS for VM View PremBndl -100 Pack for 1 year 1 Promotional Upgrade: VMware Infrastructure Foundation Acceleration Kit to vSphere Enterprise Plus Acceleration Kit for 6 processors Only for 3.5 customers. Original FAC w/ active SnS required. No base Acceleration Kit and Upgrade on same order. vSphere Enterprise Plus Acceleration Kit SnS is required. Renewals will be based on the Acceleration Kit Bundle SnS prices instead of the individual components in the kit. Promo Good Through 12/15/2009 $91 ,066.00 $10,672.00 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858- 673 -8431 www.nth.com uotatian Expires 9/7 /20 09r.es 11113/2009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 ttarSPOSIatir 'Service and Technology to the NTH Degree Virtual Desktop Infrastructure 50 HP Compaq t5545 VDI Edition Thin Client 50 9x5 Next- Business -Day Advanced Exchange, CPU only 5 Years Nth Professional Services 1 Nth Startup BladeSys c -Class Infrastr SVC 1 NTH BladSys c -Class Virtual Connect SVC 1 Nth Startup EVA Svc 1 SAN Level 1 Tier 2 Implementation 1 Nth VMware View Manager 3 Premier Jumpstart for Thin Clients 1 Nth Startup VMware Virtl Infra Entpr SVC with P2V Option 1 Nth VMware vSphere Upgrade Tier 1 2 Nth University EVA 4400 2 Nth University cClass BladeSystem Management 1 Custom Nth Implementation Services and Project Management per SOW Page 8 175 $21,450.00 116,000.00 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858 673 8431 www.nth.com Quoted To i s timated Lead Time:.." 15:;Days Quotatron Exp 1 t 11/13/2009 Project Number: 49580 Tim Thorson TEME City of Temecula 43200 Business Park Dr Temecula CA 92590 Thank you for allowing NTH Generation to provide you with the above quotation. Charges for sales tax, shipping and insurance will be additional. Please call us at 800 548 -1883 if you require additional information or changes to this quotation. This quotation is the sole property of Nth Generation Computing, Inc., and is intended as an offer to sell goods and services to the client named in the quote. This document may not be reproduced, or provided to parties outside of the client's organization, without written consent of Nth Generation Computing, Inc. We look forward to working with you in the future! Sincerely, Julie Leon Senior Account Manager a Y. nent Terms Gustomer?Qc e °Service and Technology to the NTH Degree" I NTH Generation INet 30 Days (Best Way )ate Accdpted 'Extended payment terms upon credit approval Page 9 175 Julie Leon 50095 11/2/2009 Tax jtaie n. TAT SUB 3ofTaxableltems 1 909 Ut OTATlOtV:TOTAI 17055 Camino San Bernardo, San Diego, CA 92127 858 -451 -2383 FAX 858-673-8431 www.nth.com Statement of Work Prepared Exclusively for: City of Temecula Project Name: City Hall Infrastructure Project Number: 49580 11/12/2009 Submitted by: Julie Leon Senior Account Executive Nth Generation 17055 Camino San Bernardo San Diego, CA 92127 858- 451 -2383 julie.leon@nth.com www.nth.com Exhibit B ENERATION.COMPUTING, INC. FA" ERATION COMPUTING, INC. City of Temecula Table of Contents EXPERIENCE 3 SOLUTION OVERVIEW 5 SYSTEM DESIGN AND VERIFICATION 8 SOLUTION PRICING AND PAYMENT TERMS 8 SERVICE DELIVERABLES 8 GENERAL RESPONSIBILITIES CITY OF TEMECULA 17 GENERAL PROVISIONS /EXCLUSIONS 17 Page 1 2 City of Temecula Experience Fa GENERATION COMPUTING, IHC. NTH Generation is the leading IT Solutions Provider in Southern California with over 18 years of experience implementing successful data center projects. We are headquartered in Rancho Bernardo at 17055 Camino San Bernardo, San Diego, CA 92127 with a secondary office in Irvine. Nth has developed best practice service offerings and project management skills to position, design, integrate, deliver, implement, and support Enterprise -class solutions. .Nth has invested several million dollars in a state -of- the -art Interoperability Lab at its headquarters in San Diego, CA. This investment has allowed Nth to beta test new products and firmware releases, and maintain a leading edge on understanding and deploying the latest technologies. The Lab is also used as a training environmentfor HP SANs and EVAs, VMware and others through Nth University. This is an excellent resource for-Temecula in keeping its staff trained. NTH Generation's experience and commitment to client satisfaction has rewarded customers like these with lasting improvements to their IT infrastructures and tangible financial returns: Cities of Murrieta, Temecula, Poway, San Marcos, Los Angeles, Burbank, Manhattan Beach, Chula Vista, Santa Monica, Pasadena, Cerritos, Escondido, El Cajon etc. Grossmont Union 1-150, UCLA, SDSU, UCSD, SDCCD etc. Sempra Energy CB Richard Ellis UCI Medical Center Insight Imaging Fidelity Information Services Screen Actors Guild Santa, Barbara Bank and Trust Gemological Institute of America Summary of Nth Generation's Unique Credentials: HP Platinum Partner Nth has (7) MASE certified staff —highest HP technical certification (HP Master Accredited Systems Engineer) (18) Enterprise Solutions Architects (9) High Availability Server Solutions Architects (9) HP c -Class BladeSystem Certified Architects Only HP Partner globally for HP beta program on Virtual Connect for c -Class Blades C -Class Implementation Services Certified Over600 Storage Area Networks implemented Member of HP's Enterprise Advisory Council Member of HP's Storage Leadership Council Nth's CEO, Rich Baldwin, served as President of HP's Enterprise VAR Council Page 1 3 City of Temecula Y Microsoft Gold Certified Partner (Highest Partnership level) Advanced Infrastructure Solutions Network Infrastructure Solutions Information Worker Solution i+ VMware Premier Partner VMware Enterprise Desktop Competency Accredited VMware Certified Professionals 7 Trained Certified VCP's VMware Technical Sales Professionals 5 Trained Certified VTSP's VMware Sales Professionals 20+ Trained Certified VSP's VMware infrastructure Abilities: VMware Virtual Infrastructure ESX, ESXi, vSphere, vCenter VMware Virtual Infrastructure Plan Design VMware View VMware View Plan Design VMwareThinApp VMware Site Recovery Manager (SRM) VMware Lab Manager VMware Health Check Physical to Virtual Migrations VMware Capacity Planner VMware Partner Technical Advisory Board Member rff GENERATION COMPUTING, INC. Additional Partnerships Brocade Fabric Partner CommVault Enterprise Solution Partner Oracle —Over 16 years of Oracle Consulting expertise including full integration of Oracle cluster on UNIX with EVA -based SANs, HP c -Class BladeSystem, Virtual Connect and HP Insight Control Page 1 4 City of Temecula s GENERATION COMPUTING, INC_ Solution Overview Nth Generation has worked with the City of Temecula (Temecula) to develop a virtualized server and storage environment for its new City Hall data center. The infrastructure to support this project is quoted under Nth Project Number 49580, and is represented by the technical drawings below. City of Temecula Data Center Upgrade includes: HP StorageWorks EVA4400 HP c7000 BladeSystem VMware vSphere VMware View and HP Thin Clients for Vol HP ProCurve Networking The objective for this new infrastructure is to increase the computing capabilities while reducing overall operating costs of power, cooling and systems management. The overall design will help provide Temecula with a scalable growth platform to meet future demands of information technology. A key factor in the success of this project is solid project management and implementation of quality procedures. Nth has factored in the necessary professional services and technical consulting as outlined in this Statement of Work (SOW). P age I. 5 City of Temecula Ira GENERATION COMPUTING, INC. Detailed Configuration EVA4400 Dual Controller (8) 12 Bay Drive Enclosures (40) 450GB 15K rpm FC Drives (56) Open Drive Bays for future growth Unlimited Command View EVA LTU Storage Essnrials Performance Pack Traffic Li ht Monitor Server DL380 06, (2) 2.53Ghz QC CPU 8 GB BANS (2) 146613 10K SAS Disks (2) Qlogic PC HBA (1)13L460 66 blade SIM (1) 2.53 GHz QC CPU 12GB RAM (2) 14606 1OK SAS Disks (I) BL460 GG blade -SE (1)2.53 GHz QC CPU 12GB RAM (2) 146013 10K SAS Disks 1 C -class Blade Enclosure Configured with: (2) Flex 10 VC Ethernet Sty (4) 10Gb SPP +Uplinks (2) IGb 8145 Uplinks (2) VC PC Switches (6) Power Supplies (10) Fans (1) Redundant Manuel TOTAL SERVER BLADES (7) BL490 (16 blades VMware. (2) 2.53GHz QC CPU 73613 RAM (1) Qlogic 8 Gb PC card each (2) BL490 6'6 blades VDI (2) 2.S3GHz QC CPU each 73 613 RAM each (1)Qlogic 8 Gb FC card each (1) BL460 G6 blade CV (1)2,53 G1Iz QC CPU 126'13 RAM (2) 14606 IOK SAS Disks (1) Qlogic 8 Gb PC card ray GENFRARON (AMPUIING, INC Sworn tat Abe t. b'y\ MOM Nov 9, 2004 ornnJemdm .a. it Page 1. 6 City of Temecula Aaou umper; 9eWyca M3Aect f #BERAT ON (OMPtiT z 4 \L ww«e Sxns.I%SW; rib' %1; lkwe'- u..,.o tune EVA4400 Dual Controller (8) 12 Bay Drive Enclosures (40) 450(36 15K rpm FC Drives (56) Open. Drive Bays for future growth Unlimited Command View EVA LTU Unlimited Business Copy EVA LTU C -class Blade Enclosure Configured with: (2) Flex 10 VC Ethernet Switches (4) 19Gb Uplinks SFP+ (2) lab Uplink (2) 8/24c FC Switches (6) Power Supplies (10) Fans (1) Redundant Manager t. Nth 42U Loaner Rack Nth to Provide Loaner 42U Rack until equipment is ready to be moved into permanent Data Cent Two Three Phase 40A 208V PDU's 'Jeae Loon Jan Russ Confilential Pape J N rs GENERATION COMPUTING, INC. Temporary Staging Alta (1)131,460 06 blade CV (1) 2.53 GHz QC CPU 12GB RAM (2) 146GB IOKSASDisks (1)Qlogic8 Lib FCcard a 208V 3 phase 3 pole 4 wire Delta) CS8364C, CS8369, or equivalent It Two Sing e Phase 30A 220V PDU's Two NEMA L6 -30P Plugs [Ilt Need two NEMA L6-30r Receptacles Total Blade Servers (7)131.490 G6 blades VMwarc (2) 2.530Hz QC CPU 73 GB RAM (1) Qlogic 8 Gb FC card each (2) BL490 G6 blades VD; (2) 2.53014z QC CPU each 73 GB RAM each (1)Qlogic 8 Lib FC card each (1) BL460 G6 blade SE (1) 2.53 GHz QC CPU 12013 RAM (2) 146GB 10K SAS Disks (1) Qlogic 8 Gb PC card (1) BL460 G6 blade SIM (1) 2.53 GHz QC CPU 12(313 RAM (2) 1460 3 IOK SAS Disks (1) Qloglc 8 Gb FC card 1 City of Temecula Service Deliverables TA, GENERATION COMPUTING, INC. .System Design and Verification Jim Russ has been the primary Solution Architect working with the City of Temecula to develop this solution. Jim has verified the environment, and customer expectations to ensure a successful project. Jim has over 25+ years of experience working in IT. Jim has worked with Nth Generation for the past 16 years playing key roles including, Solutions Architect and Nth University Class Instructor. Jim has a degree in Electronics Technology from DeVry University and Micro Computer Design from UCSD. He is a certified HP Master ASE SAN Architect, OpenVMS System Administrator, and Superdome solutions professional as well as having received certificates for HP EVA design, HP XP Storage Solutions, Storage Essentials, HP Integrated Archive Platform, HP Enterprise Backup Solutions, and HP ProCurve Network Solutions. Jim is also certified by Xiotech, VMware, CommVault, Emulex, Equallogic, and LeftHand Networks on their products. Jim has extensive architecture experience in Storage Solution Design, Enterprise Backup Solutions, Disaster Recovery Planning, and High Availability Computing platforms, Server Consolidation and Virtualization, and Network design. Solution Pricing and Payment Terms In order to provide Temecula with the best possible cost structure for this project, Nth Generation is extending better than WSCA pricing. This is based on special award by HP to Nth as an Elite business partner, and the volume purchase specified in the project. The value pricing equates to approximately $10,000 in additional discounts for Temecula. Special Pricing is being extended to Temecula with the agreement that the equipment will ship by 12/15/09. Prices for freight, handling and insurance are calculated at time of shipment and will be invoiced separately. Nth estimates these costs to be $3,500. Nth will invoice Temecula in full upon hardware shipment. Payment in full of all invoices is due thirty (30) days from date of invoice. 1) HP c7000 BladeSystem with Virtual Connect The Nth Service for HP BladeSystem c -Class Infrastructure provides for the installation of an HP BladeSystem c -Class enclosure, server blades, storage blades, Ethernet network interconnects, software deployment, and configuration of HP BladeSystem Essentials Insight Control Data Center Edition.. It also includes the installation and configuration of HP Remote Support Essentials Pack, which is remote monitoring and analysis tools that provide continuous hardware event monitoring and automated notification designed to identify, diagnose, and prevent potentially critical problems during contract or warranty coverage hours. This also will report on contract and warranty information. This fixed price /fixed deliverable service is designed to meet the needs of the majority of HP BladeSystem c -Class customers, and it generally requires two days for completion. For more advanced requirements, customized installation is available. Page .1 8 City of Temecula ENERATIGN COMPUTING, INC. Service planning An Nth service specialist will conduct a remote planning and assessment meeting to review the Customer's environment, discuss pre- installation activities including the Customer completed pre installation checklist, and confirm with the Customer that the service prerequisites have been met. Nth will schedule the onsite delivery of the service at a time mutually agreed upon with the Customer, but which shall be during Nth standard business hours and excluding Nth holidays unless otherwise agreed by Nth. Any services provided outside the scope of this TDS or outside of Nth standard business hours may be subject to additional charges. Service Deployment Hardware deployment activities include installation of the following hardware according to HP product Setup and Installation Guide procedures: One (1) c -Class enclosure, including power supplies and fans Configuration of c -Class enclosure includes setup of the Onboard Administrator Up to eight (8) single wide interconnects Up to 16 c -Class ProLiant or Integrity server blades (and direct attach storage blades), including server blade qualified options into a single blade enclosure Configuration of iLO management processors and verification that the existing firmware is current. License ILO Select on iLOs within enclosure. Software deployment activities on the HP ProLiant server designated by the Customer include: Using the Insight Control Data Center Edition wizard -based installer to install and license all of the core applications. Setting up the Administrator accounts for accessing RDP, HP SIM, and the c -Class Onboard Administrator Verifying the correct installation of HP SIM Verifying that the RDP installation includes scripted jobs to enable the configuration of HP server blade hardware and deployment of the Customer's preferred operating system via RDP Running a system discovery to establish available BladeSystem infrastructure resources (HP servers, network switches, and local storage) as part of the Insight Control Data Center Edition integrated installer Installing and configuring the Rapid Deployment Pack (RDP), including preparing RDP to deploy up to two operating system editions of Microsoft® Windows® or two operating system editions of Linux. If the Customer requires both Linux and Microsoft Windows to be deployed then the Customer will need to purchase the additional operating system installation and startup service. Setting up the minimum required network administrative parameters for the switches according the customer- provided details Installing and configuring, on the HP SIM server, HP Remote Support Essentials Pack if the Customer agrees to provide an external Internet connection (optional) Virtual Connect Setup Confirmation of Software Revisions: The Nth Engineer will establish a console session and confirm that the software is at appropriate revision levels. If the revision level is not appropriate, the Nth Engineer will download the required revision into the device. As part of the installation process, Nth may be asked to accept license terms accompanying the software on behalf of the Customer. The license terms may be in electronic format or contained within the software documentation. The Customer hereby acknowledges that it is the Customer's responsibility to review license terms at the time of installation and hereby authorizes Nth to accept all license terms on its behalf. Page 1 9 City of Temecula Ts GENERATION CUMYUTIN6, INC. Network Device Configuration: For HP Virtual Connect, the Nth Engineer will configure Virtual Connect Manager for up to eight (8) Ethernet and Fibre Channel modules in a single enclosure. Configuration of Virtual Connect Manager includes domain setup, MAC addressing, stacking links, network connection (including link aggregation and VLANs), fabric connection (assigning WWNs, defining and naming available fabrics, and setting uplinks) and creation of server profiles. While onsite, the Nth Engineer will conduct a brief overview of Virtual Connect Manager for up to three (3) server administrators. Verification of Operation: The Nth Engineer will verify Layer 2 connectivity with adjacent infrastructure devices via ping tests, confirming traffic is being passed on appropriate ports. VLAN associations, VLAN trunking, and port aggregation on uplinks will be verified. The event log will be checked for any unexpected messages. Installation Verification Tests (IVT) Installation verification tests will include the following: Logging on to the management server and verifying connectivity to the managed servers by displaying the discovered devices in the "All Systems" list Configuring the SIM security parameters according to the Customer's requirements For RDP, verifying that the deployment profiles function correctly and completely Displaying general information about the discovered systems, such as management agents and data collection reports Verifying that all BladeSystem infrastructure data is correctly displayed in the BladeSystem Integrated Manager within HP SIM, and includes enclosure, servers, power, network interconnects, and HP BladeSystem storage- blades contained within the enclosure Verifying correct setup for HP Remote Support Essentials Pack: Ensure SNMP community string settings are correct if not using the default Public Enter configuration options into HP Remote Support Essentials Pack based on region Check HP Remote Support Essentials Pack, and HP back -end connectivity by checking for updates Verify that the device is registered for remote monitoring by HP Remote Support Essentials Pack Verify Service Events displays properly in HP SIM Customer Orientation Session The Nth service specialist will conduct an orientation session on product usage and special features and will be available to answer questions as appropriate. Sharing of information on product usage includes the following: Navigating through the LCD Onboard Administrator: Initial setup of the enclosure and first blade Additional BladeSystem c -Class component installation Connection of a guest PC to the enclosure Onboard Administrator LCD installation and configuration errors Navigating through the HP SIM console, including the management and editing of settings configured by the Insight Control Data Center Edition integrated installer, including: Configuring managed servers to send SNMP traps Setting up and editing of default WBEM settings Configuring and editing of protocol settings Adding new administrators, operators, or users (maximum of two users per function) Configuring automatic or manual discovery settings Demonstrating SIM functionality such as fault and inventory management Navigating through the RDP console: How to set up Administrator, Operator, and User accounts Page 10 City of Temecula Mg GENERATION COMPUTING, OK: An overview of the console An overview of the preconfigured events and canned scripts A review of PXE boot process An explanation of the RDP licensing scheme and how the Customer can purchase additional licenses Providing an overview of HP Remote Support Essentials Pack and integration with HP SIM. Service Eligibility To be eligible to receive this service, the Customer must: Meet the criteria identified in the "Customer responsibilities" section of this document Be properly licensed for HP BladeSystem Essentials Insight Control Data Center Edition Have an existing or new functional /operational server preconfigured with an operating system and relevant service packs and hot -fixes on which Systems Insight Manager and Rapid Deployment Pack can be installed and configured Ensure that firewalls are set up that enable SIM to communicate between servers within the System Management environment Have IP forwarding enabled Ensure that the SIM /RDP server(s) is located on the same subnet as the HP BladeSystem servers to be deployed and managed The Customer must meet the following network infrastructure prerequisites: The RDP server must be on the same VLAN or subnet as the target servers. Multi subnet or VLAN configurations are supported, but configuring this type of environment is outside the scope of this service. DHCP must be installed and configured for this subnet. The Customer must meet the following hardware prerequisites for Insight Control Data Center Edition (HP SIM and RDP) server (for more information, review the support matrix and prerequisite documentation for Insight Control Data Center Edition): 2.4 GHz processor with 2 GB RAM (required) or4 GB RAM (recommended) DVD -ROM drive Minimum of 8 GB of disk space available The Customer must meet the following software prerequisites for HP Insight Control Data Center Edition: Microsoft Windows 2003 Server Standard or Enterprise Edition SP1 Latest Windows patches and hot -fixes applied before RDP installation ProLiant Support Pack for Windows installed TCP /IP configured with a static IP address and with DNS properly installed so that system names can be resolved SNMP (required) Microsoft Internet Information Services (I15) 6.0 or later ASP.NET 1.1, with .NET 1.1 Framework FTP service running on IIS (required only for Linux) Microsoft Internet Explorer 6.0 or. later Adobe Acrobat Reader WAIK must be installed on the RDP server. In order to enable the service tool HP Remote Support Essentials Pack, it must be deployed on the same server as the SIM server and running Windows 2003 SP4 or later. Also, the Customer must have a valid system warranty or hardware service contract. Server must have internet access, both inbound and outbound. Page I 11 City of Temecula riff GENERATION C0MPU11N6, INC Customer Responsibilities Uncrate products and place the boxes in the immediate location where the service is to be performed Ensure that all service prerequisites as identified in the 'Service eligibility' section have been met Be responsible for all data backup and restore operations Assign a designated person from the Customer's staff who, on behalf of the Customer, will grant all approvals; provide information; ensure that all hardware, firmware, and software that the Nth service specialist will need in order to deliver this service are available and that software products are properly licensed; and otherwise be available to assist Nth in facilitating the delivery of this service Allow Nth full and unrestricted access to all locations where the service is to be performed Adhere to licensing terms and conditions regarding the use of any HP service tools used to facilitate the delivery of this service, if applicable Provide sufficient power to the enclosure Ensure sufficient network connectivity and that any required network connectivity (LAN and VLAN) is configured and available to the enclosure to support either switch and /or pass- through prior to the installation date Provide a designated HP ProLiant server for deployment and management Provide the Insight Control Data Center Edition DVD and the operating system media (and any associated product keys) Provide local network access to the designated server onto which the applications provided with Insight Control Data Center Edition are to be installed (note: RDP cannot be installed using Remote Console) Provide a service account that has local administrator privileges on the management server; this account must have the following properties: secure password, password never expires, user cannot change password Ensure that either MSDE or SQL is available if SQL 2000 SP3 or greater is not installed, the MSDE will be installed automatically from the Insight Control Data Center Edition media; SQL must be configured to use mixed -mode authentication. Ensure that a fully operational NFS or FTP server is available for Linux operating system installation using RDP Ensure that DHCP is installed and accessible on the network for correct installation of RDP PXE services Provide a network environment that is currently running and in good working order to which the target clients will be connected Provide external Internet connection and required settings to enable VPM patch acquisition To enable HP Remote Support Essentials Pack: Provide a continuous external Internet connection to enable HP to provide automated remote support Provide SMTP support for mail notification 2) HP EVA 4400 2.1 SAN Implementation Planning Includes o Detailed design planning— review and verification of the logical and physical design of the SAN and its components o Implementation planning and scheduling development of the implementation plan, identifying the steps, roles, responsibilities, and timeline for the implementation o Site preparation facilities review and verification of the prerequisite SAN environment (arrays, tape libraries, hosts) Page 1 12 City of Temecula Fir GENERATION COMPUTING, INC. o Product configuration configuration of the fibre switches and connection to the array, tape libraries, and hosts, according to the reviewed logical and physical design o Functional connectivity testing of hardware and software execution of hardware and software diagnostics and connectivity tests o Hardware and firmware diagnostics o Tests to validate the presence of the installed fibre switches and their accessibility to the appropriate hosts 2.2 Data Migration Nth will assist Temecula in migrating data from current MSA1500 to new EVA4400, including: o Identification of data to be migrated o Determining appropriate migration tools o Testing data movement o Moving the data 3) VMware 3.1 vSphere Upgrade of VMware ESX 3.X to VMware vSphere 4.X Virtual Infrastructure Service includes one of the following options (Customer Choice of A or B): A. In -Place vSphere Upgrade: o Upgrade one (1) Virtual Center 2.X to vCenter 4.X o Upgrade or Install Update Manager o Upgrade up to three (3) ESX 3.x Hosts to ESX 4.X o Upgrade VMware Tools VMware Hardware on up to 10 VMware Virtual Machines o Requires downtime o Update VMware License information for vSphere B. Complete New Installation of vSphere: o Install one vCenter on a new system (VM or physical, VM preferred) o Install up to three (3) ESXi (or Classic if customer requests) on new ESX hosts o Migrate VMs from existing ESX 3.X Hosts 'o Upgrade VMware Tools VMware Hardware on up to 10 VMware Virtual Machines o Requires downtime o Update VMware License information for vSphere Knowledge Transfer Session The Nth service specialist will conduct a knowledge transfer session on product usage and special features and will be available to answer questions as appropriate. Sharing of information on product usage includes the following: Advanced: Configuration of ESX 4.X Server, New features of vCenter, VM Templating, vMotion, HA, Fault Tolerance, Thin Provisioning Enterprise: Above DRS and Storage VMotion Enterprise Plus: Above Host Profiles Page 13 City of Temecula ESX vs. ESXi Installation /Upgrade Considerations Alf ENERATIGN COMPUTING, INC. For the upgrade from VMware 3.X to vsphere 4.X one of the options that Nth is offering clients is to change over to ESXi vs. ESX Classic. The following are the reasons for and against this piece of the upgrade. Clients should consider the benefits and drawbacks to make an educated decision on what is best for their environment. Potential Benefits for upgrading to ESXi: Per VMware, here are some key points clients should know about ESXi vs. ESX: 1. The functionality and performance of VMware ESX and ESXi are the same; the difference between the two hypervisors resides in their packaging architecture and operational management. VMware ESXi is the latest hypervisor architecture from VMware. It has an ultra thin footprint with no reliance on a general purpose OS, setting a new bar for security and reliability. 2. In the future, ESXis superior architecture will be the exclusive focus of VMware's development efforts. 3. New existing customers are highly encouraged to deploy ESXi. Many Fortune 100 companies have already standardized on the ESXi platform. From Nth's perspective, ESXi has many advantages when it comes to reduced complexity for installation and ongoing maintenance. Reduced patching requirements are also an important aspect more than half of all patches released for ESX Server are for patching generic Linux components that live in the Service Console. These patches are not required with ESXi. Potential Drawbacks for upgrading to ESXi: If the client is currently using ESX in a boot from SAN environment the client will not be able to move to ESXI. Currently ESXi is not supported in a boot from SAN environment. With implementing ESXi client will lose the boot from SAN capability which could cause an environment management issue, especially for those clients that utilize HP c -Class Virtual Connect technology. Please consult Nth Generation Pre -Sales Engineers for further specifics and options that would best apply to your environment. Service Limitations Along with the General Provisions /Exclusions listed in the Solutions Document this service have the following provisions /exclusions: Network configuration or set up. Nth Generation Computing will not perform any network configuration or modifications. If the SAN storage is not an HP EVA purchased from Nth Generation Computing then the client will be responsible for provisioning and presenting the necessary storage for each ESX server. All work is to be completed at a single client location. If multiple locations are required please contact Nth Generation. Remediation of any items from migrations pre requisite checklist. Physical to Virtual migrations are excluded from this upgrade. Customer Responsibilities Along with the General Customer Responsibilities listed in the Solutions Document the Customer will: Page 14 City of Temecula Ta GENERATION COMPUTING, INC_ Order, obtain, or provide the licenses required for this project, including VMware ESX 4.X* and vCenter 4.X* Completing the Nth VMware vSphere pre- upgrade questionnaire Customer is responsible for individual VM configurations, setting up appropriate Vmotion and DRS pools. Customer responsible for relocating and distribution of VMs their environment and design of any automated resource management to meet their production needs. Provide necessary hardware and OS environment supported by the licensed versions of the above software Provide a minimum of 60GB local free space, supported NAS /iSCSI or SAN Storage 3.2 vSphere Enterprise with P2V Migration Installation of vCenter Server as a virtual machine (Best Practice) or a physical machine Installation of up to four (4) ESXi 4.X servers with VMFS and virtual SMP Create and configure two (2) different virtual machine (VM) Create a copy of the VM on the first ESX 4.X server Create up to 2 copies of one of the configured virtual machines on each ESX 4.X server Set up of vMotion Configure a sample VMware DRS Configuration of VMware HA Configure one (1) Fault Tolerant Virtual Machine Migration of three (3) physical, non production servers meeting source server requirements for VMware Converter *during regular business hours Knowledge Transfer: Basic Installation Operations Optional Services are available as custom statements of work. Additional services to the above might include: Configure a sample VMware Data Protection Upgrades of existing VMware products Removing and Adding ESX 4.X servers into a cluster Staff augmentation for any of the items listed above Service Limitations Services such as, but not limited to, the following are excluded from this service: Network configuration or set up. Migrations from older firmware or software versions, unless specifically indicated Physical to Virtual migrations will use VMware's Converter Physical to virtual migrations must take place on non production physical hosts during normal business hours. Physical Hosts must not have used data disks larger than 100 GB, must be connected via GigE Network and be able to have downtime during normal business hours. After hours migrations are not included as a part of this service. Should a server fail during the migration the engineer will make the determination to proceed with a cold clone or a different server based on the amount of time remaining in the engagement. Page 15 City of Temecula ra GENERATION COMPUTING, INC. If the SAN storage is not an HP EVA purchased from Nth Generation Computing then the client will be responsible for provisioning and presenting the necessary storage for each ESX server. All work is to be completed at a single client location. If multiple locations are required please contact Nth Generation. Customer Responsibilities Customer is responsible for individual VM configurations, setting up appropriate Vmotion and DRS pools. Customer responsible for relocating and distribution of VMs across their blade environment and design of any automated resource management to meet their production needs. Provide a minimum of 60GB local free space, supported NAS /iSCSI or SAN Storage For Virtual Infrastructure Enterprise and /or Custom engagements, in order to demonstrate the requested advanced features of VI3 /vSphere, the customer will need to satisfy the network requirements according to the VMware Virtual Infrastructure product documentation. 4) Project Management •Nth will assign a Project Manager to control the scope and schedule, coordinate resources, lead communications and oversee the change management process for the data center project. This includes the project management on the HP relocation of equipment upon completion of the building. It also includes Project Management of the ProCurve systems since Temecula has elected to provide an internal deployment process. The Nth Project Manager will coordinate the delivery of the EVA4400 and c7000 to the current City Hall location at 43200 Business Park Dr. A loaner rack will be provided until the equipment is ready to be moved installed in the new City Hall Building. Temecula is responsible for contracting with HP to move the equipment as to not void any system warranties. HP requires (10) working days from the date of relocation service purchase to allocate necessary resources to perform the move. Nth will test the systems in the new environment. 5) Nth University 5.1 (2) Seats of EDU501 Implementing StorageWorks EVA SAN Solutions: This 3 -day in- depth, highly interactive technical course includes hands -on lab experience with HP's Enterprise Virtual Array (EVA). It begins with a discussion of HP's Enterprise Storage Virtual Array Controllers, disk groups, and virtual disks; installation of EVA management software (Command View) and multi -path (MPIO) software; an overview and demonstration of Storage Management software HP Storage Essentials; and demonstration and explanation of NAS /SAN fusion technology. This course also offers extended student lab hours to ensure successful completion of all lab exercises. 5.2 (2) Seats of EDU901 HP c -Class BladeSystem Management: 2 -day course on BladeSystems covers Component Firmware updates; Installing and configuring blades and Interconnects and best practices. Page 1 16 City of Temecula riff GENERATION COMPUTING, INC_ General Responsibilities City of Temecula The following are the General City of Temecula Responsibilities for this solution. Any Specific City of Temecula Responsibilities will be detailed within the Statement of Work Appendix. Contact an Nth Project Manager within 90 days of date of purchase to schedule the delivery of the service Coordinate service deployment on third -party maintained hardware and software (if applicable) Assign a designated person from the City of Temecula' staff who, on behalf of the City of Temecula, will grant all approvals, provide information, and otherwise be available to assist Nth in facilitating the delivery of this service Allow Nth full access to all locations where the service is to be delivered Provide a suitable work area for delivery of the service, including access to an outside telephone line, power, and any network connections required Be responsible for all data backup and restore operations Nth is not responsible for loss of City of Temecula data Adhere to licensing terms and conditions regarding the use of any service tools used to facilitate the delivery of this solution, if applicable Review, complete and provide the pre installation checklists to the assigned Nth Project Manager. General Provisions /Exclusions The following are the General Provisions /Exclusions for this solution. Any Specific Service Limitations will be detailed by service deliverable. If this Scope of Services changes, Nth reserves the right to either withdraw from providing service, or to modify the scope and price. Resolution of hardware related problems encountered during the verification testing process Planning, design, implementation, or assessment of the City of Temecula' overall architecture unless specifically stated and agreed upon Performance testing unless specifically stated and agreed upon Scripting unless specifically stated and agreed upon Migrations from older firmware or software versions, unless specifically indicated All work is to be completed at a single client location. If multiple locations are required please contact Nth Generation_ Nth reserves the right to charge, on a time and materials basis, for any additional work over and above this service package pricing that may result from work required to address service prerequisites or other requirements not met by the City of Temecula. Should the City of Temecula not, within 90 days of having purchased the service, contact Nth to schedule its subsequent delivery, Nth reserves the right to re- evaluate the charges for this service. The ability of Nth to deliver this service is dependent upon the City of Temecula' full and timely cooperation with Nth, as well as the accuracy and completeness of any information and data the City of Temecula may provide to Nth. Page 17 Payment Number Schedule Amount Description 1 Upon execution of the Agreement $29,000 25% payment 2 February 5 2010 $29,000 25% payment 3 May 14 2010 $29,000 25% payment 4 September 10 2010 $29,000 25% payment EQUIPMENT FEE HP Enterprise Computing Equipment $665,165.04 TOTAL $665,165.04 PROFESSIONAL SERVICES FEE Implementation and Project Management Services $116,000 TOTAL $116,000 Nth Generation Computing Inc. will conduct this project for the fixed fee amount $781,165.04. These fees are a combination of equipment and professional services. The equipment will be invoiced as it arrives and packing slips are matched with invoices. The professional services will be phased over the period of this contract as depicted in the table below. Payment Schedule EXHIBIT "C" PAYMENT RATES AND SCHEDULE PROJECT LOCATION Project Title: CIVIC CENTER 90 Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Fixtures /Furn/Equip Utilities Totals PROJECT DESCRIPTION Source of Funds: Capital Project Reserves COPs DIF (Corporate Facilities) Total Funding: Future 0 M Cost: CIVIC CENTER Infrastructure PRIORITY: 1 Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning /Public Works 210.165.751 Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Actuals to Date 2,505 2008 -09 2009 -10 2010 -11 397,495 325,000 82,000 44,200,000 500,000 1,348,391 3,872,609 1,500,000 2,000,000 385,000 1,350,896 27,066,676 2,325,000 23,270,428 600,000 900,000 Annually 91 2011 -12 2012 -13 Total Project Cost 725,000 82,000 44,200,000 500,000 5,221,000 3,500,000 385,000 1,350,896 50,937,104 2,325,000 54,613,000 30,742,572 23,270,428 600,000 1,350,896 50,937,104 2,325,000 54,613,000 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 24, 2009 SUBJECT: City of Temecula Energy Efficiency and Conservation Block Grant Projects PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Receive and file. Approvals City Attorney Director of Finance City Manager BACKGROUND: Through a series of meetings with staff, Southern California Edison, and The Gas Company, energy goals were established for the City's draft Sustainability Plan. The goals call for a 25 percent reduction in energy use at City facilities and a 10 percent reduction in energy use for commercial and residential buildings. In order to achieve these goals, energy efficiency programs need to be developed with emphasis on Tess efficient buildings that were constructed under older energy codes. One of the barriers with developing such programs is that energy efficiency retrofit measures can be capital intensive and existing tax rebates and incentive programs are, in many cases, not sufficient enough to justify the long term payback for making such investments. With barriers removed or lowered, benefits begin to outweigh the costs, and the energy goals of the draft Sustainability Plan can be achieved. Through the American Recovery and Reinvestment Act (ARRA) of 2009, funds have been made available to cities, counties and states to create jobs and to develop energy efficiency programs. The City of Temecula was allocated $940,700 through the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) to develop an energy efficiency and conservation program. In September the City was notified they have received an initial grant amount of $250,000 to develop the Energy Efficiency and Conservation Strategy (a required element of the grant) and to develop Project Activities for implementation. Staff identified the following project activities for the use of EECBG funds: Adaptive Traffic Signal Synchronization Project ($250,000) o Provides for partial funding for the purchase, installation and implementation of an adaptive traffic signal synchronization system along seven transportation corridors within the City o Improves efficiency of the transportation system by reducing delay at key intersections and corridors o Estimated to reduce fossil fuel consumption by 12 percent and emissions by 10 percent Municipal Buildings Energy Management Plan and Retrofit Project ($371,000) o Estimated to reduce energy use at City facilities by 25 percent o Development of a Municipal Facilities Energy.Management Plan o Benchmark energy performance at municipal facilities o Develop specific energy efficient retrofit recommendations and cost estimates o Identify funding strategies o Provides seed money to initiate an energy efficiency retrofit at one City facility Residential Energy Efficiency Retrofit Project ($319,700) o Target homes build prior to 1990 to reduce energy use by 10 percent o Provides seed money to establish a low interest revolving loan or grant program. o Leverage RDA funds from the Residential Improvement Program which focuses on median and lower income households Over the next two months, staff will finalize elements of the grant application package, allowing the City to draw down the remaining Block Grant funds and begin implementation of the above mentioned projects. FISCAL IMPACT: There is no match requirement of the Energy Efficiency and Conservation Block Grant. Administrative costs are not included in the proposal as existing City staff will administer the projects which will maximize implementation dollars for the projects. Grant funds will be used to implement projects and leverage additional dollars for more comprehensive programs. Following the completion of the Energy Efficiency and Conservation Strategy and approval from the Department of Energy regarding the proposed Project Activities, staff will come back to the City Council to appropriate the Energy Efficiency and Conservation Block Grant funds. ATTACHMENTS: None Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November.24, 2009 SUBJECT: WRCOG Energy Efficiency Programs PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- Approvals City Attomey Director of Finance City Manager Mer Out, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ENERGY EFFICIENCY AND WATER CONSERVATION FINANCING PROGRAM BACKGROUND: Through the American Recovery and Reinvestment Act (ARRA) of 2009, funds have been made available to cities, counties and states to create jobs and to develop energy efficiency programs. The City of Temecula was allocated $940,700 through the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) to develop an energy efficiency and conservation program. Through this program, staff identified three projects for implementation: 1) Adaptive Traffic Signal Synchronization Project; 2) Municipal Buildings Energy Management Plan and Retrofit Project; 3) Residential Energy Efficiency Retrofit Program (AB 811 type). Related to the above mentioned City of Temecula's energy efficiency projects, the State of California has received $226 million in federal ARRA funds for the State Energy Program (SEP). California's SEP is focused on increasing energy efficiency to reduce energy costs and consumption, cut reliance on imported energy, and reduce energy impacts on the environment. In September 2009, the California Energy Commission allocated $95 million for the development of the programs listed below: 1. Municipal Financing Program (AB 811 Type Programs); 2. California Comprehensive Residential Building Retrofit Program; and 3. Municipal and Commercial Building Targeted Measure Retrofit Program. The AB 811 type program is available to local jurisdictions, whereas the other two programs listed are available for the development of regional programs. The grant applications for the SEP funds are due December 21, 2009. The Western Riverside Council of Governments is preparing an application for all three of the above mentioned SEP funding sources. WRCOG's intent is develop a regional energy program that increase the number trained energy auditors within the sub region, and to provide funding for energy efficiency improvements to existing commercial, residential, and municipal buildings. If WRCOG is successful with obtaining the grant funds, a portion of the funds will be made available to the participating city property owners and to the City through a formula based allocation. These additional funds could significantly enhance the City's EECBG programs previously mentioned. At this time, WRCOG is requesting that City's interested in participating in the Financing Energy Efficiency and Water Conservation Retrofit Improvement in Western Riverside County Program adopt a resolution supporting WRCOG's ongoing feasibility analysis and development of the Program. Before a program is implemented in the City, the City and WRCOG will enter into agreement addressing all conditions and parameters of implementation and administration of the program. Implementation agreements or contractual arrangements for the WRCOG Residential Retrofit Training and Grant Program, and the WRCOG Commercial and Municipal Target Measure Retrofit Program may necessary but will be brought forward for consideration at a future date. FISCAL IMPACT: None. ATTACHMENTS: Resolution WRCOG Program Executive Summary Frequently Asked Questions RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ENERGY EFFICIENCY AND WATER CONSERVATION FINANCING 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 City of Temecula (the "City is committed to the development of renewable energy sources and energy efficiency improvements, reduction of greenhouse gases, and protection of our environment; and B. In Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act the Legislature has authorized cities and counties to assist property owners in financing the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently fixed to their property (the "Improvements through a contractual assessment program; and C. Installation of such Improvements by property owners within the jurisdictional boundaries of the jurisdictions that are members of the Western Riverside Council of Governments "WRCOG would promote the purposes cited above and assist the member agencies of WRCOG (each, a "Member Agency" or, together, "Member Agencies including the City in reducing its greenhouse gas emissions; and D. The City wishes to provide innovative solutions and cost effective methods for its property owners to achieve greater energy efficiency and independence, and in doing so cooperate with WRCOG in order to efficiently and economically assist property owners in financing such Improvements; and E. WRCOG has authority to establish a contractual assessment program "the Program as permitted by the Act, the Joint Powers Agreement of the Western Riverside Council of Governments, originally made and entered into April 1, 1991, as amended to date, and the Implementation Agreement by and between WRCOG and the affected Member Agencies related to the Program to assist property owners in financing the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently affixed to real property; and F. WRCOG is conducting an analysis to determine the feasibility of the Program, and to develop parameters pursuant to the Act for implementation and administration of the Program; and G. The City wishes to participate with WRCOG in the Program if WRCOG adopts the Program, under terms and conditions to be agreed to by the City and WRCOG; and H. State law permits WRCOG to offer participation in the Program to property owners in incorporated areas of any Member Agency so long as the City Council or Board of such Member Agency approves the proposed Resolution of Intention (defined below) to establish the Program, consents to the inclusion in the Program of properties in the incorporated area within such Member Agency and consents to the Improvements to be done within such incorporated area and the assumption of jurisdiction thereover by WRCOG for the purposes described above; and This City Council has reviewed WRCOG's proposed Resolution of Intention to establish the Program entitled "Resolution of the Western Riverside Council of Governments Declaring its Intention to Finance Distributed Generation Renewable Energy Sources and Energy Efficiency Improvements Through the Use of Contractual Assessments Pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code and Setting a Public Hearing Thereon" "Resolution of Intention attached hereto as Exhibit A; WRCOG RESOLUTION OF INTENT Section 2. Now therefore be it resolved by the City Council of the City of Temecula as follows: A. This City Council finds and declares that property in the City's incorporated area will be benefited by the Improvements proposed in the Resolution of Intention. B. This City Council hereby supports WRCOG's ongoing feasibility analysis and development of the Program. C. Before the Program is implemented in the City, the City and WRCOG shall reach an agreement addressing any conditions the City wishes to impose on participating properties within the City. D. This City Council hereby approves the proposed Resolution of Intention, substantially in the form attached hereto as Exhibit A. E. This City Council hereby finds and determines that in the event it is necessary for the WRCOG Executive Committee to make minor, nonsubstantive changes to the Resolution of Intention; such minor, nonsubstantive changes do not require the approval of this City Council. F. This City Council consents to inclusion in the Program of all of the properties in the incorporated area within City and to the Improvements proposed in the Resolution of Intention within the City limits, upon the request and agreement of the property owner, in compliance with applicable laws, rules and regulations; and to the assumption of jurisdiction thereover by WRCOG for the purposes aforesaid. G. The consent of this City Council constitutes assent to the assumption of jurisdiction by WRCOG for all purposes of the Program and authorizes WRCOG, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent such contractual assessments. H. Staff is authorized and directed to coordinate with WRCOG staff to facilitate operation of the Program, and report back periodically to this City Council on the success of the Program. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the WRCOG Executive Committee. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of November, 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 24th day of November, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A WRCOG RESOLUTION OF INTENTION RESOLUTION NUMBER RESOLUTION OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS DECLARING ITS INTENTON TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE USE OF CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC HEARING THEREON WHEREAS, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act the Joint Powers Agreement of the Western Riverside Council of Governments (WRCOG), originally made and entered into April 1, 1991, as further amended to date, and the Implementation Agreement by and between WRCOG and the affected Member Agencies related to the Program (defined below), the Western Riverside Council of Governments proposes to establish a contractual assessment program to assist property owners within the jurisdictional boundaries of WRCOG's member agencies (each, a "Member Agency" and, together, the "Member Agencies with the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently fixed to their property "Program and WHEREAS, in the opinion of this Executive Committee, property in the Member Agencies would be benefited by including such properties in the Program, subject to the approval /consent of the City Council or Board of any Member Agency; and WHEREAS, WRCOG is willing to extend the program into the incorporated areas of any Member Agency provided that the City Council of such Member Agency and WRCOG reach agreement on any conditions on operation of the Program requested by such Member Agency, prior to the Program being offered in such jurisdiction; NOW, THEREFORE, BE IT RESOLVED by the Executive Committee of the Western Riverside Council of Governments as follows: Section 1: The Executive Committee hereby finds and declares all of the following: A. All of the above recitals are true and correct. B. Energy conservation efforts, including the promotion of energy efficiency C. Improvements to residential, commercial, industrial, or other real property, can reduce energy consumption, energy bills, and maximize existing energy production and transmission facilities. D. Energy efficiency improvements include improvements that promote water efficiency. The California Energy Commission prepared a staff report in November 2005 regarding California's water energy relationship. The report states: "As California continues to struggle with its many critical energy supply and infrastructure challenges, the state must identify and address the points of highest stress. At the top of this list is California's water- energy relationship; water related energy use consumes 19 percent of the state's electricity, 30 percent of its natural gas, and 88 billion gallons of diesel fuel every year and this demand is growing.... [A] major portion of the solution is closer coordination between the water and energy sectors.... The state can meet energy and demand reduction goals by simply recognizing the value of the energy saved for each unit of water saved." E. The direct relationship between water use and energy use means that improvements to residential, commercial, industrial, or other real property which promote water efficiency also result in energy efficiency. F. The upfront cost of making residential, commercial, industrial, or other real property more energy efficient prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those improvements, the Legislature has authorized an alternative procedure pursuant to the Act for authorizing contractual assessments to finance the cost of energy efficiency improvements. G. A public purpose will be served by a contractual assessment program whereby WRCOG is authorized to finance the installation of distributed generation renewable energy sources and energy efficiency improvements that are permanently fixed to residential commercial, industrial, or other real property. H. Property located in incorporated -areas of Member Agencies within WRCOG will benefit from inclusion in the Program; and, subject to the approval /consent of the City Council of any Member Agency, including such property in the Program will serve the public purpose of promoting conservation efforts and addressing the issue of global climate change. Section 2. The Executive Committee hereby determines that it would be convenient, advantageous and in the public interest to designate the entire area of the Member Agencies as an area within which authorized WRCOG officials and property owners may enter into contractual assessments pursuant to the Act to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property. Section 3. The Executive Committee hereby declares that while the proposed distributed generation renewable energy sources and energy efficiency improvements are of such a character that they directly and peculiarly affect property in the Member Agency jurisdictions within WRCOG and that the purposes sought to be accomplished by establishing a program to finance the installation of such improvements can best be accomplished by a single, comprehensive program rather then by separate programs administered by each Member Agency. Therefore, WRCOG proposes to make contractual assessment financing available to the owners of property in any Member Agency to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property. Section 4. The Executive Director of WRCOG (the "Executive Director shall prepare or direct the preparation of, as part of the report required in Section 8 of this Resolution, and update, as the Executive Director deems necessary, a list of the distributed generation renewable energy sources or energy efficiency improvements that may be financed through WRCOG's contractual assessment financing program. The types of distributed generation renewable energy sources or energy efficiency improvements eligible for financing through contractual assessments include, but are not limited to: high efficiency air conditioning and ventilation systems, high performance windows, high efficiency and tankless water heating equipment, photovoltaic and thermal solar energy systems, cool roof systems, geothermal exchange heat pumps, zoning control and energy management control systems, high efficiency irrigation pumps and controls, natural gas fuel cells, wind and geothermal energy systems, and. wall, ceiling and roof insulation upgrades. Section 5. The area within which contractual assessments may be entered into pursuant to the Act is all land within the defined boundaries of the Member Agencies of WRCOG. Section 6. No contractual assessment will be levied on a parcel situated within a Member Agency City area and no assessment contract will be entered into with the owner(s) of any such parcel unless and until (1) the City Council or Board of such Member Agency has, prior to the adoption of this resolution of intention, adopted a resolution consenting to inclusion of parcels within such Member Agency in the contractual assessment program and authorizing WRCOG to levy assessments, to impose the contractual assessment liens and to finance the eligible improvement on such parcels; and (2) the City Council or Board of such Member Agency has entered into an agreement with WRCOG addressing any conditions such Member Agency wishes to impose on participating properties in its jurisdiction. Section 7. The proposed arrangements for financing the contractual assessment financing program are briefly described as follows: WRCOG may issue bonds, notes, receive lines of credit, and enter into other financing instruments or relationships pursuant to the Act, the principal and interest of which would be repaid by contractual assessments. Alternatively or in the interim, WRCOG, may advance its own funds to finance work, or enter into agreements with other public entities, including but not limited to the cities within WRCOG, to advance their funds to WRCOG to finance work. Such advances shall be repaid through contractual assessments and WRCOG may sell bonds or other forms of indebtedness to reimburse such advances. The proposed financing arrangements may include the lease- purchase of public facilities pursuant to a lease or other contractual arrangement with a public financing authority or non profit entity or other financing elements as may be determined necessary or useful to the financing of the contractual assessment program. In the event improvement bonds will be issued pursuant to Streets and Highways Code Section 5898.28 to represent assessments, all of the following will apply to the extent not in conflict with the Act: (a) Provision is hereby made for the issuance of improvement bonds, in one or more series; (b) Notice is hereby given that serial bonds or term bonds or both to represent unpaid assessments, and to bear interest at the rate of not to exceed 12 percent per year, or such other amount authorized by law, payable semiannually, shall be issued hereunder in one or more series in the manner provided by the Division 10 (to the extent not in conflict with the Act), and the last installment of bonds shall mature a maximum of 39 years from the second day of September next succeeding 12 months from their date; (c) WRCOG hereby determines and declares that WRCOG shall not obligate itself to advance available funds from WRCOG treasury to cure any deficiency which may occur in the bond redemption fund; (d) WRCOG hereby determines that the principal amount of bonds maturing or becoming subject to mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds, and the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year shall be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds; and (e) With respect to the procedures for collection of assessments and the advance retirement of bonds, WRCOG proposes to proceed under the provisions of Part 11.1 of Division 10 (commencing with Section 8760 of the Streets and Highways Code). Section 8. The Executive Committee hereby directs the Executive Director to prepare, or direct the preparation of, and file with the Board of Supervisors a report pursuant to Section 5898.22 of the California Streets and Highways Code at or before the time of the public hearing described in Section 8 hereof (the "Report"). The Report shall contain all of the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered; (b) A draft contract specifying the terms and conditions that would be agreed to by a property owner within the contractual assessment area and WRCOG; (c) A statement of WRCOG policies concerning contractual assessments including all of the following: (i) Identification of types of facilities, distributed generation renewable energy sources, or energy efficiency improvements that may be financed through the use of contractual assessments; (ii) Identification of a WRCOG official authorized to enter into contractual assessments on behalf of WRCOG; (Hi) A maximum aggregate dollar amount of contractual assessments; and (iv) A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. The plan may include amounts to be advanced by WRCOG through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Streets and Highways Code Section 5898.28. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting property owners and WRCOG. Section 9. The Executive Committee hereby calls a public hearing to be held on 2009 at a.m., or as soon thereafter as feasible, in the First Floor Board Chambers, County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California, on the proposed Report and the Program. At the public hearing all interested persons may appear and hear and be heard and object to or inquire about the proposed Program or any of its particulars. Section 10. The Secretary of the Executive Committee is hereby directed to provide notice of the public hearing by publishing this. Resolution once a week for two weeks, pursuant to Section 6066 of the California Government Code, in the 1 and the first publication shall not occur later than 20 days before the date of such hearing. Section 11. The contractual assessments levied pursuant to the Act, and the interest and any penalties thereon, shall constitute a lien against the lots and parcels of land on which they are made, until they are paid. The contractual assessments shall be collected in the same manner and at the same time as the general taxes of WRCOG on real property are payable and shall be subject to the same penalties, remedies and lien priorities in the event of delinquency and default. As a cumulative remedy, if any contractual assessment or installment thereof, or of any interest thereon, together with any penalties, costs, fees and other accrued charges are not paid when due, the Executive Committee may order that the same be collected by an action brought in superior court to foreclose the lien thereof as provided in Division 10 of the California Streets and Highways Code. Section 12. The Executive Committee hereby directs the Executive Director to determine and discuss in the Report what additional fees, if any, will be charged, annually, by the Auditor Controller's office for incorporating the proposed contractual assessments on the tax roll. PASSED AND ADOPTED at a Meeting of the Executive Committee of the Western Riverside Council of Governments held this day of 2009. Robin Lowe, Chair WRCOG Executive Committee Rick Bishop, Secretary WRCOG Executive Committee AYES: NOES: ABSENT: ABSTAIN: unty of Riverside )ity of Bamm�g ty bf Beaumont ity 01imesa of Canyon Lake jtsilixigaeotso, r Cityof Wildomar oEastern Municipa rt l; Water Dfst D i s t rjc Watencta Western- Municipal Wate r,Dlstnt. b Western Riversi Co`u'nc of e rn e. Govenments 4080iLemon Street 3rd i Floor r S,r e R werside Ck92501 Phone. (951).955 798 ,F (951)x787 7991 Lig www.wrcog.cog:ca.us ern Riverside C P g Iona l :E Efficienc E. N at er C onse r vation Pro Program Benefits for Property Owners: ecutive :5umm Program Summary: The Western Riverside Council of Governments (WRCOG) is developing an Energy Efficiency and Water Conservation Program (Program) that would allow for residents and businesses in western Riverside County to implement energy efficient improvements using low- interest loans that would be repaid over time through annual property tax payments. California law allows for local jurisdictions to enter into contractural assessments with property owners for such improvements; WRCOG is proposing to implement a regional program on behalf of its member jurisdictions in order to centralize responsibilities and realize cost savings. WRCOG seeks a partnership with the Federal Government to secure a $300 million loan that would be paid back over a period of time at an established interest rate. WRCOG will utilize this federal loan to implement and administer the Program, providing secured, low interest loans to residential and commercial properties in the subregion for the purchase and installation of energy efficient projects. The Program goal is to offer low interest loans to 13,500 residential and commercial properties in Western Riverside County to install energy efficient projects, such as solar panels, heating and air conditioning systems, lighting control systems, windows, and pool equipment. These loans would be paid back through voluntary contractual annual assessments between WRCOG and property owners within a specified amount of time. Provides no- money -down means of financing energy efficiency and conservation improvements; Provides fixed -rate financing over a set number of years; Provides financing without requiring a property appraisal; Provides an easy -to- understand and straightforward financing process; Provides residents and businesses access to financing that may not readily be available through traditional means, such as home equity loans; and Removes the up -front initial costs from becoming a detriment to energy efficient retrofitting. Program Benefits for Western Riverside County: Creates and estimated 3,261 jobs'; e Provides a mechanism to retrofit thousands of properties to achieve considerable future energy savings; Results in air quality improvements and greenhouse gas emission reductions; Reduces /delays the need for costly infrastructure investments related to energy production and transmission; and A regional approach for Program development and implementation reduces administrative costs for individual jurisdictions. 1 This is using the methodology from the May 2009 report from the Executive Office of the President, Council of Economic Advisers, Estimates of Job Creation from the American Recovery Reinvestment Act of 2009, stales that "every $100 billion of government spending creates 1,085,355 job- years, using a $92.000 per job year salary." ityof M ity of No rco City offPerris M Cityjof,R ff tity of daccin City of Temecula City of Wildomar astern Mpunicipa W ater,,, District, oCMenifee WesternRirside Council ofd° aP Governments 400Lemon.Street, 3rd Floor rFri Rive side tCA 92501 Phone (951)955 -7985 Fax .(951)787.7991 www ms VialoCaitraiataial 3 1 3 What is this Program? The goal of the Program is to offer low interest loans to approximately 13,500 homes and businesses in Western Riverside County for the purchase and installation of energy efficiency and water conservation improvements. Loans to property owners would be repaid over a period of years through voluntary annual assessments. Why will a loan Program work? Many homeowners and businesses desire to retrofit older buildings in order to achieve energy efficiencies and lower related energy costs. Unfortunately, the up- front, one -time costs for installing these kinds of improvements are often an impediment to energy efficient retrofitting. This loan Program will remove this funding impediment, and allow for thousands of properties in one of the fastest growing areas in the United States to reduce energy use, improve home values, and create jobs. Who will implement the Program? The Program will be administered by the Western Riverside Council of Governments (WRCOG). WRCOG is a joint powers authority consisting of each of the 16 cities in Western Riverside County, the County of Riverside, and the Eastern Municipal Water District and Western Riverside Water District. A regional approach to program implementation through WRCOG will provide for a consistent approach throughout Western Riverside County and achieve significant economies of scale as they relate to costs for staffing. As part of its responsibilities, WRCOG will develop the Program implementation administration parameters, conduct energy and water surveys, develop Program outreach materials and campaign, develop and conduct training workshops, initiate loans and develop tracking and reporting mechanisms. How will the Program work? This is a voluntary program. Willing property owners will apply for Program coverage, and describe the energy and /or water saving improvement(s) desired to be purchased and installed. If approved, WRCOG and the property owner will enter into an assessment contract, through which WRCOG will pay the up -front costs of the energy efficient improvements. WRCOG will place an assessment lien on the property, and the property owner will repay WRCOG for the improvements as part of an annual assessment on the property tax bill over a specified period of time. What kinds of improvements qualify? WRCOG will work with member jurisdictions, water districts, and utilities to develop a listing of eligible projects that the loans will cover. Generally, these are improvements that would be considered as permanent fixtures to a property. These include, but are not limited to solar panels, heating and air conditioning systems, pool filtration equipment, windows and doors, and other investments that will significantly reduce energy use and, in many instances, pay for themselves over time through reduced utility bills. Who qualifies to participate? Property owners may be individuals, associations, business entities, cooperatives, and virtually any owner paying real property taxes. Any residential, commercial, or industrial property owner in participating jurisdictions can participate in the program. In order to qualify, the property owner must: 1) Have clear title to the property; 2) Be current on property taxes; 3) Be current on mortgage payments; and 4) Request improvements that are reasonable both in cost, and in relation to the property value. Properties built prior to 2000 would most likely receive a larger return on energy efficient retrofit investments. In Western Riverside County, there are approximately 189,000 residential properties and 7,000 commercial properties that were constructed prior to 2000. C ity of,Perris of Riverside, j it a n t #ty ityof, amity$ "of Willmar astern Municipal Water District Western'Riierside Councgof aa ,Governmerits 4080 Lemon`Stree 3rd Floor I Rive'rsi 92501 ,8 _n 'Phone (951);955'7985v Fax: (951)1787 w .wrcog cog.ca us gonanerg;y Efficency a later PI 4 Progra req uenit ues tl;O What are the economic impacts? Using methodological information from the Obama Administration, it is estimated that implementing a $300 million Program would create or retain an estimated 3,200 jobs in Western Riverside County. What are the benefits to the Western Riverside County? In addition to significant jobs creation, the Program will also: Reduce /delay the need for costly infrastructure investments related to additional energy generation and transmission facilities; Reduce utility bills for thousands of property owners; Improve home and property values by upgrading buildings with energy efficient improvements; Position Western Riverside County as a leader in improving air quality and reducing greenhouse gas emissions via a coordinated, large -scale effort supported by jurisdictions in one of the fastest growing regions in the United States. What are the Program benefits to property owners? Provides no -money -down means of financing energy efficiency and conservation improvements; Provides a fixed -rate financing over a number of years; Provides financing without requiring a property appraisal; Provides an easy -to- understand and straightforward financing process; Provides residents and businesses access to financing that might not readily be available through traditional means, such as home equity loans; Removes the initial up -front costs from being a detriment to energy efficient retrofitting. What would an average loan amount be? WRCOG estimates that average residential property loan will be $17,500, and average commercial property loan will be approximately $30,000. What happens if a participant sells their property? The tax obligation will remain an obligation of the property when it is sold. If a participant sells a property prior to the end of the contract tax period, the new owner will assume the obligation as part of the annual tax obligation on that property. The energy systems are part of the property and ownership of the energy system will transfer to the new owner at the close of the real estate sale. What are the loan terms? The loan terms can run 5, 10, 15, and 20 years. The terms will be based on the type and cost of improvements. What is the interest rate? The interest rate for the Program will be determined once funding for the Program has been secured. Does the Property still qualify for rebates or tax credits? Yes, rebates or other incentives that are received at the time of project completion or shortly thereafter (by either the property owner or the contractor) so as to reduce the costs of a project at the outset will not be included in the financing amount. Tax credits that may eventually be available to a property owner and would vary based on applicable tax bracket are not taken into account in determining the financing amount. on�L'�ak °e, of Menefee MorenoVaal e City of Riverside a tysofSann Jacinto City ofTemecula Citytof. Wildomar astern Municipal rtir Water�District,, Western Municipal Water District "4-r crrtit" Western iverside Cou "ncilrof 'Governments. 4080 Lemon Street 3rd.FFloorr' Riverside, CA 92 Phone y(951 ),955�,7985` Fax 787 -7991 tw www. wrcog cog.ca.us 1 I How will the Program be funded? WRCOG is seeking a $300 million loan from the federal government to spearhead the Program. The loan would be fully repaid. What if the Special Tax or Assessment is not paid by the property owner? The Special Tax or Assessments, like other property taxes, will be secured by a lien on the property, which ranks senior to the first mortgage. What about foreclosures? As WRCOG secures funding for the Program, 10% of these funds will be set aside in a reserve account that will be used to assist properties that fall behind on their tax bill for 6 to 12 months. What happens if the mortgage company pays the property taxes? If the property owner has their mortgage company makes their tax payments, the property owner should advise the lender of the assessment on the property, so that the proper amount can be set aside for both the taxes and the assessment. How do jurisdictions participate ?A jurisdiction that wishes to participate in the program must notify WRCOG staff of its intent and approve a resolution and agreement authorizing WRCOG to implement the Program on their behalf. A copy of the draft agreement and resolution will be provided by WRCOG. What level of involvement is required from the jurisdiction? After providing WRCOG with the appropriate notification to participate in the program, the only role of cities and counties will be to process the permits they require for the installation of the energy efficient equipment. For more information, please contact Barbara Spoonhour, WRCOG Program Manager at (951) 955 -8313 or by e -mail at spoonhour@wrcog.cog.ca.us. Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Planning and Redevelopment Director DATE: November 24, 2009 PREPARED BY: Luke Watson, Management Analyst Approvals City Attorney Director of Finance City Manager raf SUBJECT: Office Lease Agreement regarding the leasing of space in the Civic Center parking garage storefront to the Temecula Valley Convention and Visitor's Bureau. RECOMMENDATION: That the City Council Members approve the Office •Lease between the City of Temecula and the Temecula Valley Convention and Visitor's Bureau for the leasing of commercial space in the Old Town parking garage. BACKGROUND: City staff and representatives from the. Temecula Valley Convention and Visitor's Bureau have negotiated the lease terms regarding the leasing of 1,770 square feet of commercial space in the storefront that is part of the Old Town parking structure adjacent to the Civic Center. Those negotiations are represented in the following lease term deal points: Lease rate will be $1.60 square foot or $2,832 per month. It will be a five year lease with a five year renewal option that must be agreed to by both parties. Rent will be fixed for years one and two. Years three, four and five will have a rent increase equal to the CPI for that year but not to exceed 5% for any one year. Rent will include water, trash and utilities. Gas, electric and computer systems are tenant's responsibility; however there will be City WiFi in the Civic Center complex. The City will pay for all tenant improvements for the proposed space with a maximum tenant improvement allowance of $60 per square foot or $106,200. The City will grant free use of the community room or a comparable conference once a month for a CONVIS Board of Directors meeting. Exterior Signage will be permitted but must comply with signage standards contained in the Old Town Specific Plan. Directional signage to the CONVIS office will be allowed in the interior of the parking garage. CONVIS will be designated two ground floor spaces, but for customers only. CONVIS staff will park in City Employee parking areas on levels 3 and 4. CONVIS will have the ability to set up outdoor displays and promotional services during special events with the approval of an annual Temporary Use Permit. FISCAL IMPACT: The $106,200 (maximum) tenant improvement allowance will be allocated from the CIP project: Old Town Infrastructure Projects Parking Structure Office and Retail, Account Number 210.165.644. Over the first five years of the lease, the gross rent to the Agency will be $169,992. Factoring in the initial tenant improvement allowance maximum of $60 per square foot, or $106,200 total, the City will receive a gross return on investment of $63,792, or $12,758 per year, over the five year lease term. ATTACHMENTS: Office Lease 1. DATE; PARTIES. This Office Lease is dated as of November 24, 2009 and is entered into by and between the CITY OF TEMECULA, a municipal corporation "City as City and the TEMECULA VALLEY CONVENTION AND VISITORS BUREAU, a California nonprofit corporation "Tenant 2. PREMISES; PARKING; MONTHLY CONFERENCE ROOM. City hereby leases to Tenant, and Tenant hereby leases from City, the premises "Premises outlined on Exhibit "A" attached hereto located in the building at 28690 Mercedes Street, Temecula, California (the "Building Upon fourteen (14) days' prior written notice to City given no more often than once a month, Tenant shall have the right to use the so- called "community room" in the Building or a comparable conference room in the Building (as determined by City) for a monthly meeting of Tenant's board of directors. Tenant's customers shall have the right to use the parking spaces on the ground floor of the parking facility in the Building, including the two reserved parking spaces outlined on Exhibit `B" attached hereto. Subject to Landlord's approval of the signs and the means of attaching the signs, Tenant may install two signs on the wall at the head of the two reserved parking spaces indicating that they are reserved for Tenant's customers. Tenant acknowledges that Landlord shall not be obligated to monitor the use of the two reserved spaces. Tenant's employees, contractors, officer and agents shall only park on levels 3 and 4 of the parking facility that is part of the Building. Tenant shall also have the non exclusive right to use Common Areas (as hereinafter defined) for ingress and egress to and from the Premises. As used herein, the term "Common Areas" shall mean all areas within the exterior boundaries of the parcel of land on which the Building is located that is now or later made available for the general, nonexclusive use of City, other persons entitled to occupy the Building, and the public, and the term `Project" shall mean the Building together with the parcel of land on which the Building is located. Tenant understands and acknowledges that, although included within the definition of "Common Area" herein, the parking structure and related facilities for the Project may, at City's sole and absolute option and in accordance with applicable laws and governmental requirements, be available and open to the general public for parking. City shall have the right to (a) utilize from time to time any portion of the Common Area for promotional, entertainment and related matters; (b) place permanent or temporary kiosks, displays, carts and stands in the Common Area and to lease same to tenants; (c) restrain the use of the Common Area by unauthorized persons; (d) temporarily close any portion of the Common Area for repairs, improvements or alterations, to discourage non customer use, to prevent dedication or an easement by prescription or for any other reason deemed sufficient in City's judgment; and (e) renovate, upgrade or change the shape and size of the Common Area or add, eliminate or change the location of improvements to the Common Area including, without limitation, buildings, parking areas, roadways and curb cuts, and to construct buildings on the Common Area. 11086- 0156A1 181606v4.doc OFFICE LEASE City makes no warranties or representations, express or implied, regarding the condition of the Premises or Building and Tenant shall take possession of the Premises in "as is" condition, subject to City's obligation to complete the Tenant Improvements (as defined in Section3A below). 3. TERM; TENANT IMPROVEMENTS; EXTENSION OPTION. A. Term. The term of this Lease "Term) shall be five (5) years, commencing on the date on which Landlord completes the Tenant Improvements (hereinafter defined) and notifies Tenant in writing that the Premises are ready for occupancy (the "Commencement Date B. Tenant Improvements. As used herein, the term "Tenant Improvements" shall mean the improvements described on Exhibit "C" attached hereto. If Landlord's estimate of the cost of completing the Tenant Improvements exceeds $106,200, then within ten (10) days after written demand from Landlord, Tenant shall deposit with Landlord, as additional rent, the amount by which Landlord's estimate exceeds $106,200, and Landlord shall use such deposit to pay for costs of completing the Tenant Improvements. If the deposit is not fully used, Landlord shall refund the unused amount to Tenant promptly after the Commencement Date. If the Tenant Improvements cost more than Landlord's estimate, as determined by Landlord after the Commencement Date, then Tenant shall pay to Landlord as additional rent the amount by which the cost of the Tenant Improvements exceeded Landlord's estimate within ten (10) days after written demand by Landlord. C. Tenant's Option to Extend the Term. Subject to the prior written approval of the Executive Director of the Agency, Tenant shall have the option to extend the Term for an additional consecutive period of five (5) years "Extension Period by giving Landlord irrevocable written notice of such exercise not less than six (6) months prior to the start of the Extension Period. 4. RENT; ADJUSTMENTS; SECURITY DEPOSIT. A. Monthly Rent. Tenant shall pay to City as monthly rent, without deduction, setoff, notice or demand, the sum of $2,832.00 per month, in advance, on the first day of each calendar year and continuing during the Term, as adjusted in accordance with Section 4B below. All rental payments hereunder shall be paid by Tenant to City of Temecula, 43200 Business Park Drive, Temecula, CA 92589, or at such other address or to such other persons as the City may from time to time designate in writing. B. Rent Adjustments. On the third anniversary of the Commencement Date and each subsequent anniversary of the Commencement Date including during the Extension Period, if any (each, an "Adjustment Date the then current monthly rent shall be increased by the lesser of: (i) the percentage increase in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor "Bureau for the Los Angeles- Anaheim- Riverside Metropolitan Area or successor thereto "CPI during the year ending on the applicable Adjustment Date, as determined by Landlord by dividing the CPI published 3 months prior to the applicable Adjustment Date by the CPI published 15 months prior to the applicable Adjustment Date; or (ii) five percent (5 Landlord shall notify Tenant in writing of the adjusted monthly rent. C. Security Deposit. Tenant shall deposit with City upon execution hereof a security deposit in the amount of $2,832.00 (the "Security Deposit as security for Tenant's faithful 11086 0156 \1181606v4.doc 2 performance of its obligations under this Lease. If Tenant fails to pay rent, or otherwise defaults under this Lease, City may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due City for rent which will be due in the future, and /or to reimburse or compensate City for any liability, expense, loss or damage which Landlord may suffer or incur by reason thereof. If City uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written request thereof for deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. When the rent increases during the term of this Lease, Tenant shall, upon written request from City, deposit additional monies with City so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased rent as the initial Security Deposit bore to the initial rent. Landlord shall not be required to keep the Security Deposit separate from its general accounts. Within ninety (90) days after the expiration or termination of this Lease (or such earlier date as required by law), City shall return that portion of the Security Deposit not used or applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease. 5. USE. Tenant shall use said Premises solely for office purposes. Tenant shall not use or permit the Premises to be used for any other purpose without the prior written consent of City, which may be withheld in the City's sole and absolute discretion. 6. ALTERATIONS AND IMPROVEMENTS. Tenant must obtain City's written approval with respect to any changes, alterations or additions to the Premises. City's approval process will be in addition to any municipal code, regulatory and legal requirements. All alterations, additions, or changes to be made to the structure or improvements on the Premises shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with the plans and specifications with respect thereto, and all work must be done in a good and workmanlike manner and diligently prosecuted to completion. 7. MAINTENANCE. City shall, at its sole cost and expense, maintain the Building (including plumbing, heating, HVAC and electrical systems) in operable, condition, and repair. City shall provide janitorial services for the common areas of the Building in accordance with the City's janitorial service contract for the Building, as amended from time to time. Tenant shall maintain the Premises in good condition and repair. 8. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant hereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of City, which consent may be withheld in the City's sole and absolute discretion. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease, whether or not the term of the Lease is extended by the assignee or sublessee. Any such assignment or subletting without such consent shall be void, and shall, at the option of the City, constitute a default under this Lease. 11086 0156 \1181606v4.doc 3 9. INDEMNIFICATION. Tenant shall indemnify and hold harmless City, the City Council and each member thereof, and City's officers, employees and agents (all collectively referred to as "Indemnitee against and from any and all claims, losses, damages, liabilities, costs and expenses (including attorneys' fees and costs) to the extent arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work, or other things done, suffered by the Tenant in or about the Premises (excluding acts and omissions by Landlord or Landlord's contractors). If any action or proceeding be brought against any Indemnitee by reason of any such claim, Tenant, upon notice from any Indemnitee, shall defend the Indemnitees at Tenant's expense, by counsel reasonably satisfactory to Indemnitees. Tenant shall give prompt notice to City in case of casualty or accidents in the Premises. 10. INSURANCE. A. Tenant's Liability Insurance. Tenant shall, at Tenant's own cost and expense, during the entire Term and the Extension Period, if any, a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to City and authorized to issue liability insurance in the State of California and having a rating of not less than "A -13" as set forth in the then current Best's Insurance Guide, insuring Tenant and City against loss or liability caused by or connected with Tenant's occupation, use, disuse, or condition of the Premises under this Lease in amounts not less that: 1) $1,000,000 for injury to or death of one person and, subject to such limitation for the injury or death of one person, of not less than $2,000,000 for injury or death to two or more persons as a result of any one accident or incident; and 2) $1,000,000 for damage to or destruction of any property of others. All public liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of this Lease. City shall be named as additional insured on each insurance policy required by this Section, and such policies shall contain cross liability endorsements. B. Increase in Insurance Coverage. If, in the good faith opinion of City, the amount of public liability and property insurance coverage at that time is not comparable to the insurance typically required by landlords of property similar to the Building, Tenant shall increase the insurance coverage as required by City. C. Insurance Certificate. Tenant shall deliver to City a certificate of insurance, and if requested by City complete and correct copy of each insurance policy, for all insurance required by this Section 10. All insurance policies required by express provisions of this Lease shall be nonassessable and shall contain language to the effect that (a) any loss shall be payable notwithstanding any act or negligence of City that might otherwise result in the forfeiture of the insurance, (b) that the insurer waives the right of subrogation against City, and (c) the policies are primary and non contributing with any insurance that may be carried by Landlord. D. Notice of Cancellation of Insurance. Each insurance policy required by this Section 10 shall contain a provision that it cannot be cancelled or materially changed for any reason unless 30 days' prior written notice of such cancellation or change is given to Landlord in the manner required by this Lease for service of notices on City by Tenant. 11086 0156 \1181606v4.doc 4 11. UTILITIES; I-IVAC. City shall provide and pay for water and trash pick -up. Tenant shall obtain and pay for all other utilities, including gas, electricity and phone service. Tenant shall pay Tenant's reasonable prorated share of utilities contracted for by City (including electricity and gas), as determined by Landlord, on a monthly basis within ten (10) days after City gives written notice to Tenant of the amount due. Tenant shall have the right to "after hours" HVAC provided it is scheduled in advance with the City, but Tenant shall reimburse City within ten (10) days after written notice from time to time for City's actual cost of providing such after -hours HVAC as additional rent. Tenant acknowledges that the Building hours are 7:00 a.m. to 7:00 p.ni., seven days a week (excluding national, state and, if elected by City, local holidays). 12. SIGNS. Tenant shall not, without City's prior written approval, install or affix any lighting or plumbing fixtures, shades, awnings, or decorations (including exterior painting), signs, lettering, placards, or the like on the exterior of Premises; display or sell merchandise on, or otherwise obstruct, any area outside the exterior walls of the Premises; or cause or permit to be used any advertising, loudspeakers, unusually bright or flashing lights, and similar devices which may be seen or heard outside the Premises. Tenant may install, at Tenant's cost, exterior signage at a location approved by City provided that such signage complies with the Old Town Specific Plan and all applicable laws and provided, further that City shall have approved the contractor installing the signage and the means of affixing or installing such sign. 13. COMPLIANCE WITH LAW. Tenant, at its expense, shall comply promptly with all applicable laws, ordinances, regulations, and orders of any governmental authority pertaining to the Premises or Tenant's use or occupancy of the Premises or improvement of the Premises (including laws, ordinances, regulations and orders pertaining to non structural improvements required by law, the location and maintenance of trade fixtures, equipment, and other personal property; the conduct of Tenant's employees; preparation, storage, and service of food and drink, and the like, but excluding new laws or changes in laws that require improvements to the structural components of the Premises). 14. RIGHT OF ACCESS. The City and City's officers, employees, and agents shall at all reasonable times have the right to enter the Premises for the purpose of inspecting the same, posting notices of non responsibility or any other notices required by law for the protection of the City, doing any work that City is permitted or required to perform under this Lease, and making any reasonable repairs which the City determines may be required. Tenant shall furnish City with a pass key to the Premises which the City shall use only in case of emergency to prevent or investigate a crime, or in such cases where access is necessary to prevent damage to the Building or to the Premises or to make repairs necessary to ensure continuous operation of the Building. City shall have the right to enter the Premises and post "For Lease" or "For Rent" signs in any windows of the Premises: (i) during any period while Tenant is in default, and (ii) after delivery of any notice of termination. In conducting its activities on the Premises as allowed in this section City shall use good faith efforts to attempt to minimize the inconvenience, annoyance, or disturbance to Tenant. 15. TAXES. Tenant shall pay or cause to be paid, before delinquency, any and all taxes levied and assessed which become payable during the term hereof against its interest in the Premises, upon improvements made by Tenant, or any equipment, furniture, fixtures, and any other 11086 0156 \1181606v4.doc 5 personal property located in or on the Premises, or which become a lien against the Premises or Tenant's interest therein. TENANT RECOGNIZES AND UNDERSTANDS THAT THIS LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO PROPERTY TAXES LEVIED UPON SUCH INTEREST, AND THAT IN SUCH EVENT TENANT SHALL BE OBLIGATED TO PAY SUCH TAX OR PURSUE AN EXEMPTION. 16. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that City shall from time to time promulgate and /or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. City shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other lessees or occupants of the Building. 17. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant the failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described where such failure shall continue for a period of thirty (30) days after written notice thereof by City to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 18. REMEDIES UPON TENANT DEFAULT. In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach terminate Tenant's right to possession of the Premises by written notice to Tenant, in which case this Lease shall terminate and Tenant shall-immediately surrender possession of the Premises to City. City may also pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. 19. DEFAULT BY CITY. City shall not be in default unless City fails to perform obligations required of City within thirty (30) days after written notice by Tenant to City specifying wherein City has failed to perform such obligation; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for performance then City shall not be in default if City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 20. DAMAGE; RECONSTRUCTION. In the event the Premises or parking areas are damaged by fire or other perils, City may terminate this Lease by written notice to Tenant. 21. EMINENT DOMAIN. If any portion of the Building or the Premises shall be taken or appropriated by any authority under the power of eminent domain, City may terminate this Lease by written notice to Tenant. 22. SUCCESSORS. Each and every one of the terms, covenants, and conditions of this Lease shall inure to the benefit of and shall bind, as the case may be, not only the parties hereto but each and everyone of the heirs, executors, administrators, successors, assigns, and legal representatives of the parties hereto; provided, however, that any subletting or assignment by Tenant 11086 0156 \1181606v4.doc 6 of the whole or any part of the Premises or any interest therein shall be subject to the provisions of Section 9 of this Lease. 23. HOLDING OVER. If Tenant, with City's prior written consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by City to Tenant terminating this Lease, such possession by Tenant shall be deemed to be tenancy at will (or as otherwise expressly agreed by City in its written consent), terminable upon notice given at any time by either Party, at a monthly rental equal to the fair rental value of the Premises, as determined by City in its good faith discretion. All provisions of this Lease except those pertaining to rent and term shall apply to the tenancy. 24. SURRENDER. At the expiration or termination of the term of this Lease, Tenant shall surrender the Premises to the City in the same condition as received, reasonable wear and tear excepted; provided, however, that: (i) all of Tenant's machinery, equipment and other trade fixtures shall remain Tenant's property and Tenant may remove the Personal Property, provided Tenant removes such machinery, equipment, trade fixtures and Personal Property at Tenant's cost prior to the expiration of the Term or within thirty (30) days after any earlier termination of the Term, (ii) City may require Tenant to remove all fixtures, personal property and alterations installed by Tenant and /or the Personal Property by written notice given at least thirty (30) days prior to the expiration of the Term or concurrently with City's termination notice, as applicable; and (iii) Tenant shall remove Tenant's exterior sign and shall repair all damage caused by the removal. 25. GENERAL PROVISIONS. A. Waiver. The waiver by City of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The acceptance of rent hereunder by City shall not be deemed to be a waiver of any default by Tenant of any term, covenant or condition herein contained, regardless of City's knowledge of such default at the time of the acceptance of such rent. 11086 0156 \1181606v4.doc B. Time. Time is of the essence of this Lease and each and all of its provisions. C. Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. D. Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the City is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of nature, or any cause beyond the reasonable control of the City. E. Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. F. City's Approvals. Neither City's execution of this Lease nor any consent or approval given by City hereunder in its capacity as City shall waive, abridge, impair or otherwise affect City's powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Tenant obtain approvals or permits. G. Brokers. Tenant represents and warrants that it has not had any dealings with realtors, brokers or agents in connection with the negotiation of this Lease. H. Recorded Memorandum of Lease. Concurrently with its execution and delivery of this Lease, Tenant shall execute, acknowledge and deliver to City, for recordation, a Memorandum of Lease in a form prescribed by the City. I. Notices. All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by overnight courier) or may be sent by regular, certified or registered mail or reputable overnight delivery service, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this Section. Until changed by a notice given in accordance with the provisions of this Section (in which case the address[es] in the notice of change shall apply), the respective addresses of City and Tenant for the purpose of receiving notices required or permitted by this Lease are as follows: City: City of Temecula P.O. Box 9033 Temecula, California 92589 -9033 Attention: Luke Watson Tenant: Temecula Valley Convention and Visitors Bureau 26790 Ynez Ct., #B Temecula. California 92591 Attention: Chairman of the Board and Operations Director Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. Notices delivered by overnight courier that guarantee next day delivery shall be deemed given on the next business day after delivery of the same to the courier. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 11086 0156 \l181606v4.doc 8 CITY: TENANT: CITY OF TEMECULA, a municipal corporation By: Print Name: By: Title: Print Name: Title: ATTEST: City Clerk Approved as to form: Peter Thorson, City Attorney Executed as of the date first written above. 11086-0156 1 181606v4. doc (SEAL) By: Print Name: Title: 9 TEMECULA VALLEY CONVENTION AND VISITORS BUREAU, a California nonprofit corporation 11086- 0156 \1181606v4.doc EXHIBIT "A" DESCRIPTION OF LEASED PREMISES [Attached.] A -1 cir.) £tii$ 111111 2 (7-71 (42,. (J.) i I fil q: 4 .449 matao-.E.mittnetaisa (21 LALARGL.0 Pt AM (k (D h' i1/47 /1 PP 4 1 I 7 l i 4., fr; 11/ fi• -f•Q 24.0 17 wratacE lic 1 ol o 6 tsi 6 Cu riOoN—TENTS-FA 7hOkr.A..711 a FirotimsroxteneNt (O iLst.t.iiidtar-ziaiwtarx im'Wgnakar. D .PLAN 74 24;5 A42 EXHIBIT "B" DESCRIPTION OF TWO GROUND FLOOR "RESERVED" PARKING SPACES [Attached.] 11086-0156 1 181606v4. doc B -1 9 Designated Temecula Valley lt Convention Visitors Bureau parking spates c 'r e I CONVENTION AWISITOR.S13UREAW nut nv torn sr el ota fl? *1! act. 2 ENLARGED PLAN 1 1 1 i I POLICWSIUREFRONE] 6)* ilatSlita.10 it03 rye. ENLARGED PLAN C 0 g 0 g g 1 i I 1 /1 i •Ii-i I 11 1 a; n 1 i i fit 1.; i H II II 1 I 7 t V jJ 19e up,R. oRm -3 R Spoor tun TORR CIVIC CENTER PARXiND STRUCTURE Itmayaumara■ Trui MAWS) FIJI° atm@ atiam BIR SET R....M.r1.0•••• I, PIN A4.2 11086- 0156 \1181606v4.doc EXHIBIT "C" TENANT IMPROVEMENT PLAN /LAYOUT [Attached.] C -1 11111Mirstg 0 ft6 (l�! wi ,r CONVENTION VISITORS BUREAU Pile 1 itr POLICE STOREF'ROT STAIR d ELEVATOR 4t STAIR i1A MW OFFICE SHEi GROUNI },ENLARGED PLAN Item No. 13 12IHISI® SaOIAHISS AIINf1VVWOO V1f1O2INSl City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:53 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington ABSENT: Comerchero, Roberts CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 19 Action Minutes Approved Staff Recommendation (3 -0 -2) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval of those present with Directors Comerchero and Roberts absent RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of NOVEMBER 10, 2009 19.1 Approve the action minutes of October 27, 2009. 20 Harveston Lake Paddleboat Concession Agreement Approved Staff Recommendation (3 -0 -2) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval of those present with Directors Comerchero and Roberts absent 20.1 Approve the Harveston Lake Paddleboat Concession Agreement with Keith Gors dba Goodtime Rentals for a three year term. 1 Item No. 14 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 24, 2009 SUBJECT: Naming of the Civic Center Open Space Area PREPARED BY: FISCAL IMPACT: None Approvals City Attomey Director of Finance City Manager At OUL Cathy McCarthy, Community Services Superintendent RECOMMENDATION: That the Board of Directors approve the name "Town Square" for the Civic Center open space area as recommended by the Community Services Commission. BACKGROUND: The Civic Center project is currently under construction. The open space area adjacent to the Civic Center complex includes turfed area, landscaping, sitting areas, water fountains and a water feature. Through the design process this area has been referred to as the "Town Square Pursuant to City policy, the Community Services Commission forwards recommendations to the Board of Directors regarding the naming of the City's parks and recreation facilities. At their meeting November 9, 2009, the Commission approved a motion to recommend the name "Town Square" be forwarded to the Board for approval. ATTACHMENTS: Vicinity Map Resolution No. CSD 92 -08: Naming of Parks and Recreation Facilities Wit:su :.LfRY�: -t y SIM T _may �S F =_I WHEREAS, on April 23, 1991, the Board of Directors (the "Board adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DEFLECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. ATTEST: Roos CSD 92.0* RESOLUTION NO. CSD 92 -08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES to.,) Ronald 1. Parks, President STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OFTEMECULA I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans, Munoz Parks, NOES: 0 DIRECTORS: None ABSENT: 0. DIRECTORS: None Rowe CSD 92411 une S. Greek, C Clerk Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful no ul recreation to majority of the neighborhood /community where the park located. Priority in naming sites shall be given to geographical locations, for significance or except where an i individual has m a made a significant financial contribution toward the acquisition and /or development of the community leader who or has been an space and outstanding All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and.a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY ACTION Department Parks and Recreation Commission 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. 4. Receives any additional community input. 5. Selects a name for the new park or recreation facility.. 6. Forwards name to City Council for ratification. Department 7. Installs the appropriate naming sign or plaque. Item No. 15 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 24, 2009 Approvals City Attorney Director of Finance City Manager art SUBJECT: Request the Appropriation of Funds for the Construction of a Community Garden from Temecula Community Services District Fund Balance at the request of Council Member Roberts PREPARED BY: Barbara Smith, Senior Management r Analyst RECOMMENDATION: That the City Council appropriate $24,000.00 to the Temecula Community Services District Operations budget from Temecula Community Services District Fund Balance. BACKGROUND: At the request of Council Member Ron Roberts, the Community Services Department began assessing various park sites and properties owned by the City to create a community garden. After review of the available space, a small ;portion of the property directly behind the Mary Phillips Senior Center, adjacent to the Temecula History Museum, has been identified as a great location for a small community garden project. Members of the Senior Golden Years at the Mary Phillips Senior Center have expressed interest and excitement about the possibility of overseeing and operating the community garden at this location. As a result, staff is pursuing the establishment of a small community garden which is approximately 35' x 60'. Staff would remove the existing turf and irrigation; replace it with a DG surface; construct approximately seven (7) 12' x 4' raised planters; install irrigation; place a shed for tools; completely fence the area and install an entry gate. The Senior Golden Years have agreed to maintain the community garden, plan the planting areas, harvest the crops and determine whether the crops will be distributed to needy families or used by the seniors at the Mary Phillips Senior Center for events and programs. The Temecula History Museum may elect to use one of the planter areas to plant native plant materials for use in education programs for school age children. This site would be a temporary community garden until such time that Temecula History Museum Inc. decides to move forward with an expansion of the history museum, which would require the community garden be relocated or modified. FISCAL IMPACT: Adequate funds are available from Temecula Community Services District Fund Balance to fund the appropriation of $24,000.00. ATTACHMENTS: Vicinity Map [1 14:111 A Community Garden Vicinity Map 0 History MuseurnL 33 66 99 ft. Map center: 6287072, 2125883 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 El City Streets O Parcels Aerial 2006 Transparent Item No. 16 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman Parker, Director of Community Services DATE: November 24, 2009 Approvals City Attomey Director of Finance City Manager SUBJECT: Fourth Amendment to the Professional Services Agreement with BonTerra Consulting to Provide Additional Environmental Clearance and Monitoring for the Ronald Reagan Sports Park Desilting Basin; Project No. PW05 -13 PREPARED BY: Greg Butler, Director of Public Works Avlin Odviar, Senior Engineer- CIP William Becerra, Associate Engineer- CIP RECOMMENDATION: That the Board of Directors: 1. Approve the Fourth Amendment to the agreement with BonTerra Consulting in an amount not to exceed $102,610.00 to provide additional Environmental Services to provide environmental monitoring of the Ronald Reagan Sports Park Desilting Basin; Project PW05 -13 BACKGROUND: On November 14, 2006 the Board of Directors approved a consulting services agreement with BonTerra Consulting in the amount of $67,340.00 to provide the Environmental Services necessary to obtain environmental clearance from regulatory agencies as required for the Ronald Reagan Sports Park Desilting Basin project. On May 08, 2007, the Board approved the First Amendment to the agreement with BonTerra in the amount of $25,520.00. On April 22, 2008, the Board approved the Second Amendment to the agreement with BonTerra for an amount not to exceed $10,950.00. On September 09, 2008, the Board approved the Third Amendment with BonTerra for an amount not to exceed $24,285.00. Additional services in this Fourth Amendment include environmental monitoring during construction and for the required five year maintenance period. Staff has negotiated an equitable scope of work and fee for this added work. BonTerra Consulting has agreed to provide these services for the sum of $102,610.00. With this Fourth Amendment, the total contract amount will be $230,705.00. FISCAL IMPACT: The Ronald Reagan Sports Park Desilting Basin Project No. PW05 -13 is included in the City's Capital Improvement Program, Fiscal Years 2010 -2014. There is sufficient budget in the Capital Improvement Project. This project is partially eligible for FEMA funds on a reimbursement basis. In addition, this project is funded with Capital Project Reserves and Proposition 42 funds. This Fourth Amendment amount is $102,610.00 and upon approval of this amendment, $237,439.00 will have been advanced for this project. ATTACHMENTS: 1. Fourth Amendment to the Agreement with BonTerra Consulting FOURTH AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND BONTERRA CONSULTING RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND, PROJECT PW05 -13 THIS FOURTH AMENDMENT is made and entered into as of November 24, 2009 by and between the Temecula Community Services District, a municipal corporation (hereinafter referred to as "City and Bonterra Consulting, a Corporation (hereinafter referred to as "Consultant in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On November 14, 2006, the District and Consultant entered into that certain Agreement entitled "Agreement for Professional Consultant Services in the amount of Sixty Seven Thousand Three Hundred Forty Dollars and No Cents ($67,340.00). b. The Agreement was amended on May 08, 2007 (First Amendment) in the amount of Twenty Five Thousand Five Hundred Twenty Dollars and No Cents ($25,520.00) for additional environmental analysis. c. The Agreement was amended on April 22, 2008 (Second Amendment) to extend the term to January 15, 2009 and increase the payment amount by Ten Thousand Nine Hundred Fifty Dollars and No Cents ($10,950.00) for additional environmental services. d. The Agreement was amended on September 09, 2008 (Third Amendment) in the amount of Twenty Four Thousand Two Hundred Eighty Five Dollars and No Cents ($24,285.00) for additional environmental services. e. The parties now desire to extend the term of the Agreement to June 30, 2015 and increase the payment services in the amount of One Hundred Two Thousand Six Hundred Ten Dollars and No Cents ($102,610.00) for additional environmental services. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2015 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FOURTH Amendment amount shall not exceed One Hundred Two Thousand Six Hundred Ten Dollars and No Cents ($102,610.00) for additional environmental services for a total Agreement amount of Two Hundred Thirty Thousand Seven Hundred Five Dollars and No Cents ($230,705.00)." 4. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula By: By: ATTEST: Chuck Washington, CSD President By: By: Susan W. Jones, MMC, City Clerk/Board Secretary Ann Johnston, Principal APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Bonterra Consulting] (Two Signatures if required by corporate papers) Joan Patronite Kelly, AICP,Principal CONSULTANT Bonterra Consulting 151 Kalmus Dr. Costa Mesa, CA 92626 (714) 444 -9199 FSM Initials: ATTACHMENT A RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTATION POND PROJECT NO. PW05 -13 Date: Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. October 27, 2009 Mr. William Becerra Assistant Engineer City of Temecula 43200 Business Park Drive Temecula, California 92590 Subject: Dear Mr. Becerra: VIA EMAIL AND MAIL willbecerra @cityofteniecula.org Proposal to Perform Regulatory Agency Coordination and Mitigation Monitoring for the Ronald Reagan Sports Park Projects BonTerra Consulting appreciates the opportunity to provide you with a proposal for regulatory compliance and mitigation monitoring services for the Ronald Reagan Sports Park. The attached Scope of Work includes (1) a request for an extension of the mitigation implementation deadline required by Regional General Permit 63 for the Emergency Channel Clearing project; (2) performance of biological monitoring during construction of the Ronald Reagan Sports Park Desilting Basin Maintenance project; and (3) monitoring of habitat mitigation program implementation for the Ronald Reagan Sports Park Desilting Basin Maintenance and Emergency Channel Clearing projects. The tasks and fees included in the attached Scope of Work and Fee Spreadsheet are based on conditions and requirements set forth in the following documents, permits, and authorizations: Habitat Mitigation and Monitoring Program, Ronald Reagan Sports Park Desilting Basin Maintenance and Emergency Channel Clearing; California Department of Fish and Game (CDFG) Streambed Alteration Agreement No. 1600- 2007- 0216 -R6; U.S. Army Corps of Engineers (USACE) Nationwide Permit No. 200800012; Regional Water Quality Control Board Certification File No. 07C -113; USACE Regional General Permit 63 File No. 2007- 01468 -LAM; and CDFG Notification No. 1600 2007- 0221 -R6. Mr. William Becerra October 27, 2009 Page 2 We are available to begin work upon authorization to proceed and we look forward to assisting you with this project. If you have any questions or need additional information, please contact Melissa Howe at (714) 444 -9199. Respectfully submitted, BONTERRA CONSULTING Melissa A. Howe Amber S. Oneal Associate Principal, Restoration Ecology Senior Project Manager /Associate Attachments: A Scope of Work and Fees B Fee Spreadsheet R: \Projecls\Temecul \J005 \Proposals \SOW 102709 doc ATTACHMENT A SCOPE OF WORK AND FEES RESOURCE AGENCY COORDINATION AND MITIGATION MONITORING SERVICES RONALD REAGAN SPORTS PARK October 27, 2009 TASK 1 REQUEST EXTENSION TO REGIONAL GENERAL PERMIT 63 TASK 2 CONSTRUCTION MONITORING DURING CLEARING (Daily rate $1,675.00 for up to 3 days plus fees for final memo /coordination) R:\Projecls \TemecuI \J005 \Proposals \SOW- 102709.cloc Ronald Reagan Sports Park Facility $3,080.00 BonTerra Consulting will request a one -year extension of the mitigation implementation deadline required by Condition No. 4 of Regional General Permit (RGP) 63 for the Emergency Channel Clearing Project. This task will include written and verbal communication with the U.S. Army Corps of Engineers (USACE) and the City of Temecula. If required, BonTerra Consulting will review current site conditions within the Emergency Channel Clearing project area and identify additional mitigation (exotic species removal) farther upstream of the 0.16 -acre project area (within the Ronald Reagan Sports Park Complex site). The site assessment and proposed additional mitigation will be documented in a brief letter report; the'letter report will include one photo- documentation exhibit and one aerial photo exhibit. This task assumes that up to 14 hours of regulatory/restoration management time will be required for coordinating with the USAGE and for identifying additional mitigation opportunities. If additional hours and /or meetings are required for coordination with regulatory agency staff and further identification of mitigation opportunities (including off-site locations), BonTerra Consulting will seek a contract augment. $8,845.00 BonTerra Consulting will provide as- needed biological monitoring services for the Ronald Reagan Sports Park desiltation basin. The Biological Monitor will monitor all activities that result in the clearing or grading of sensitive habitat as well as excavation, and /or other ground disturbing activities in jurisdictional areas in compliance with the California Department of Fish and Game [CDFG] Streambed Alteration Agreement (Condition No. 19). Monitoring will cover gum tree removal within the 0.52 -acre removal area and exotic species removal within the unnamed drainage /emergency work area. This Scope of Work and Fee Estimate assumes a construction schedule of 15 days. Monitoring would be provided as- needed at the daily rate of $1,675.00 listed above for up to 3 days (2 days of vegetation clearing plus 1 follow -up visit). The Biological Monitor will review the conditions of the project permits (U.S. Fish and Wildlife Service [USFWS] Biological Opinion; CDFG Streambed Alteration Agreement; U.S. Army Corps of Engineers [USACE] 404 Permit). The Biological Monitor will keep detailed field notes on project activities completed and any recommendations made to the contractor. The Biological Monitor will also take photos to document different phases of construction. Following completion of construction activities, a monitoring memo will be prepared summarizing project activities, and compliance with permit conditions. Any special status species observed during monitoring activities will be reported to the California Natural Diversity Database (CNDDB). This task includes project management support activities such as (1) review of permit requirements; (2) scheduling of Biological Monitors; (3) preparation of background information to A Scope or Work and Fees Ronald Reagan Sports Park Facility provide to Biological Monitors; and (4) discussions /emails /meetings with the City of Temecula, the County, the Contractor, and resource agency personnel. This task also includes preparation of invoices and other administrative tasks necessary to meet project objectives. This task includes up to 10 hours for project management and miscellaneous support tasks. Any time necessary beyond this estimate will be billed on a time and materials basis after prior approval, or will require a budget augment. TASK 3 PRE CONSTRUCTION NESTING RAPTOR /BIRD SURVEY $3,795.00 (OPTIONAL TASK) If vegetation removal occurs between February 1 and June 30, a pre- construction survey for nesting raptors will be conducted within seven days prior to the start of construction in compliance with conditions set forth in SAA Condition Nos. 17 and 18. If vegetation removal occurs between March 1 and June 30, a pre- construction survey for nesting birds will be conducted within seven days prior to the start of construction. The surveys will be conducted during appropriate weather conditions, generally between dawn and 11:00 AM. The locations of any nesting raptors /birds observed will be plotted on the appropriate aerial photograph or topographic map. The results of this survey effort will be described in a letter report and will be submitted to the CDFG. Any special status species observed will be reported to the CNDDB. Note: If nesting raptors or birds are observed, the active nest site will be protected and work in this area must be postponed until the nest becomes inactive as determined by the Biological Monitor. This task includes only the pre- construction surveys. If nest monitoring is required, it will be conducted under the Biological Monitoring task (Task 2). If additional days are required for nest monitoring beyond the number of days (6) specified in Task 2, a contract augment will be requested. TASK 4 PERFORMANCE OF LONG TERM MONITORING (FIVE YEARS) $86,890.00 BonTerra Consulting will perform mitigation site monitoring and coordination tasks to facilitate compliance with the approved Habitat Mitigation and Monitoring Program, Ronald Reagan Sports Park Desilting Basin Maintenance and Emergency Channel Clearing (HMMP) and conditions set forth in the SAA (Condition Nos. 4 to 10). The quantities of on -site inspections, meetings, site evaluations, specific sub -task hours, contingency hours, and other activities are specified below for Subtasks A and B. The fee estimates for this task assume that (1) monitoring will be conducted in on -site mitigation areas, including the 0.26 -acre creation area, the 0.52 -acre gum tree removal areas, and exotic species removal areas within the unnamed drainage within the Ronald Reagan Sports Park site (including the 0.16 -acre Emergency Channel Clearing area), and (2) mitigation program installation will not be multi phased. Due to the unpredictable nature of habitat mitigation site establishment (i.e., extended installation /maintenance schedules, unforeseen site issues, unseasonable weather, extensive remedial measure development and implementation, contractor error and /or inexperience), it is possible that the specified hours, meetings, and inspections may be exceeded in order to facilitate compliance with project requirements. BonTerra Consulting will review the status of each task on an ongoing basis and, in the event that out -of -scope tasks become necessary, will request a contract augment based on the City of Temecula's preference. Additionally, the fee estimates for this task only cover exotic species removal areas within the unnamed drainage within the Ronald Reagan Sports Park Complex site (including the 0.16 -acre Emergency Channel Clearing area); if the USACE requires off -site mitigation for the one -year extension of the mitigation implementation deadline required by RGP 63 (Task 1), BonTerra Consulting will request a contract augment to cover additional monitoring of off -site areas. R :\Projects\TemecuN005\Proposals \SOW 102709.doc A -2 Scope of Work and Fees A. Performance of Mitigation Site Installation Monitoring Photographing installation procedures; Reviewing plant/seed orders; Identifying seed mix and container species locations and layout; and Reviewing methodologies and identifying appropriate modifications. Ronald Reagan Sports Park Facility Monitoring activities will cover initial implementation activities at the 0.26 -acre creation site. BonTerra Consulting will meet with the Landscape Contractor, the City of Temecula, and other appropriate entities, as necessary, during the specified site visits to identify and clarify site preparation requirements and seeding /planting methods and to resolve any issues that may arise during installation. Monitoring activities will include the following field inspections and on -site meetings (2 total) at the 0.26 -acre site: (1) one inspection during site grading; and (2) one inspection prior to container planting and seed mix application. Monitoring will also include coordination with the Landscape Contractor; the seed and native species supplier; and the City of Temecula during these two site visits. Monitoring tasks will include the activities listed below: Brief progress reports will be provided to the project team by email as needed to document status and recommended action items to facilitate conformance with approved resource agency mitigation requirements. Subtotal A: $3,090.00 B. Performance of Long -Term Monitoring and Documentation Of Habitat Mitigation (5 Years) BonTerra Consulting will perform qualitative monitoring visits to mitigation sites on a monthly basis during the first year following planting, and on a quarterly basis for the remaining four years of the five -year program. Monitoring activities will cover the 5 -year program at the 0.26 -acre creation site, the 0.53 -acre gum tree removal areas, and the exotic species removal areas within the unnamed drainage within the Ronald Reagan Sports Park Complex site (including the 0.16 -acre Emergency Channel Clearing area). Brief progress reports will be provided to the project team following each qualitative monitoring visit. BonTerra Consulting will meet with the Landscape Contractor, as necessary, during regularly scheduled site visits to discuss site conditions and recommended maintenance measures. Necessary remedial maintenance measures such as reseeding, replanting, irrigation schedule adjustments, irrigation system repairs, weed species control, and trash and debris removal will be recommended, as appropriate. In addition to these qualitative visits, BonTerra Consulting will perform annual quantitative monitoring visits each year after installation completion. Annual quantitative surveys will consist of evaluating compliance with the performance standards listed in the HMMP and project permits /authorizations. Annual quantitative evaluations will consist of (1) measuring progress towards achieving a mitigation score of 51 (required by the approved HMMP) within the 0.26 -acre creation site; (2) measuring coverage of native and non native species coverage within the 0.26 -acre creation (transect studies); and (3) visually estimating non native species coverage within the 0:52 -acre gum tree removal area and the unnamed tributary drainage. BonTerra Consulting will develop brief annual monitoring reports to summarize the results of each annual monitoring survey and to document compliance with permits /authorizations. Annual reports will summarize the following items: (1) project description and purpose of habitat R:\ Projects \Temecu61005\Proposals \SOW- 102709.cloc A -3 Scope of Work and Fees Subtotal B: $83,800.00 Ronald Reagan Sports Park Facility mitigation; (2) progress towards achieving the final mitigation score of 51; (3) measured coverage of native and non native plant coverage; (4) soil conditions and irrigation system performance; (5) plant species survival rates, height and health, as appropriate; and (6) remedial measures to improve overall site performance or bring the sites into compliance with all project requirements. After each annual survey, BonTerra Consulting will submit a draft report to the City of Temecula for review. Once comments have been received, the annual report will be finalized, and bound copies will be submitted to the City of Temecula and all appropriate resource agencies. TOTAL PROFESSIONAL FEES AND DIRECT EXPENSES $102,610.00 R: Pro) ecls\ TemecuM0050 §oposals \SOw402709.doc A 4 Scope of Work and Fees W c Name Title 'Total Hours, Rate,' Total' Task T- Request Extenswn•of Implementation Deadline ,.e.w r Kfx"�.;, s.�= =<2 M. Howe Associate Principal 13 170.00 $2,210.00 G. Medeiros Associate Principal 1 170.00 $170.00 J. Smith Editor 1 80.00 $80.00 Administrative /Clerical Administrative /Clerical 1 70.00 $70.00 GIS /Graphics GIS /Graphics 3 90.00 $270.00 Subtotal $2,800.00 Subtotal Directs $280.00 Total Task 1 $3,080.00 t. an 'h ft t `k 9 SA td b r+ ,Task ohstructton,M omtoririg Dunng Ceng,�n, �e a';�fi�- {�'�v,y A. Johnston Principal, Bio Services 4.0 $175.00 $700.00 B. Daniels Senior Wildlife Biologist 42.0 $125.00 $5,250.00 A, Oneal Senior Biologist 12.0 $125.00 $1,500.00 J. Smith Editor 2.0 $80.00 $160.00 Administrative /Clerical Administrative /Clerical 5.0 $70.00 $350.00 GIS /Graphics GIS /Graphics 2.0 $90.00 $180.00 Subtotal $8,140.00 Subtotal Directs $705.00 Total Task 2 $8,845.00 Task43: Pre Construction Nesting R /Bird,Survey, (Optional)': w" g x m* a A. Johnston Principal, Bio Services 1.0 $175.00 $175.00 B. Daniels Senior Wildlife Biologist 19.0 $125.00 $2,375.00 A. Oneal Senior Biologist 4.0 $125.00 $500.00 J. Smith Editor 2.0 $80.00 $160.00 Administrative /Clerical Administrative /Clerical 2.0 $70.00 $140.00 GIS /Graphics GIS /Graphics 2.0 $90.00 $180.00 Subtotal $3,530.00 Subtotal Directs $265.00 Total Task 3 $3,795.00 Tas Performance of Long Term Mon tormg,( ¥ears)',7 Y( "'m'` .,c,. x 'v g Task4A,Performance ofMttigation, SrteAnstallatron Monrtorin M. Howe Associate Principal 5 170.00 $850.00 D. Hughes Restoration Ecologist 12 105.00 $1260.00 Administrative /Clerical Administrative /Clerical 2 70.00 $140.00 GIS /Graphics GIS /Graphics 2 90.00 $180.00 Subtotal $2,430.00 Subtotal Directs $660.00 Total Task 4A $3090.00 ATTACHMENT B FEE SPREADSHEET RESOURCE AGENCY COORDINATION AND MITIGATION MONITORING SERVICES RONALD REAGAN SPORTS PARK October 27, 2009 Ronald Reagan Sports Park Facility R:\Prolects \TemecuN005 \Proposals \SOW- 102709.doc B -1 Fee Spreadsheet .Name 1 ;n Ti tl e Total Hou rs, Rate. ,',',Total n. N ,Task,46 `Performance of -Term Monitoring and Dcidumentetlon bfHayltat Mdigatioq(Fve Years) s M. Howe Associate Principal 55 175.00 $9,625.00 D. Hughes Restoration Ecologist 354 110.00 $38,940.00 Biologist Biologist 210 80.00 $16,800.00 J. Smith Editor 7 80.00 $560.00 Administrative /Clerical Administrative /Clerical 110 70.00 $7,700.00 GIS /Graphics GIS /Graphics 46 90.00 $4,140.00 Subtotal $77,765.00 Subtotal Directs $6,035.00 Total Task 4B $83,800.00 Total Task 4 $86,890.00 Totals Task 1 to 4 $102,610.00 FEE SPREADSHEET (Continued) Ronald Reagan Sports Park Facility R: \Projects \TemecuI005 \Proposals \SOW 102709 doc 0 -2 Fee Spreadsheet Item No 17 TCSD DEPARTMENTAL REPORT TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 24, 2009 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant Approvals City Attorney Director of Finance City Manager Oct Mer The Redhawk Park Improvement project Phase 1 bid opening was held and a contract was awarded at the October 27, 2009. Staff anticipates construction will begin in the next 30 days. The phase 1 project includes a restroom, parking lot improvements, and a basketball court at Redhawk Community Park, as well as a permanent dog park. The Escallier House and Barn have been relocated as part of the Temecula Community Center (TCC) expansion project. The project is currently under design. The Old Town Gymnasium project is in the conceptual design phase. A sub committee meeting was held on June 9, 2009 to review the conceptual design of the project and based upon that meeting staff continues to work with the architect to discuss some of the design aspects and concerns. A City -Wide Community Clean -up will be held on Saturday, December 12, 2009 at Chaparral High School from 8:OOam to 2:OOpm. This event is for Temecula residents only and allows for the disposal of bulky items, yard debris, household electronic devices, and more. The Community Services Department is currently planning for the upcoming holiday events as follows: December 1, 2009 City of Temecula Anniversary Celebration December 3, 2009 City of Temecula Annual Christmas Tree Lighting Ceremony December 4, 2009 Santa's Electric Light Parade December 5, 2009 Community Wide Anniversary Celebration December 12, 2009 Breakfast with Santa In addition, staff is preparing for the mailing of the Winter /Spring 2010 edition of the Guide to Leisure Activities brochure prior to the Thanksgiving holiday. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line -up. The Cultural Arts Division is responsible for the day -to -day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Community Services Department continues to participate in the development review of projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division played an integral role in the Citywide special events held this month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities, and assist in all aspects of City -wide special events. Item No. 18 AONSDV 1NaVVdO1RADGal City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:55 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: RDA PUBLIC COMMENTS RDA CONSENT CALENDAR 21 Action Minutes Approved Staff Recommendation (3 -0 -2) Agency Member Washington made the motion; it was seconded by Agency Member Edwards; and electronic vote reflected approval of those present with Agency Member Comerchero and Chair Person Roberts absent RECOMMENDATION: ACTION MINUTES of NOVEMBER 10, 2009 Comerchero, Roberts 21.1 Approve the action minutes of October 27, 2009. 1 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:55 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 24, 2009, at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] 2 Ron Roberts, Chairperson Item No. 19 JOINT CITY COUNCIL AND RDA PUBLIC HEARING Approvals City Attomey Director of Finance City Manager CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/City Manager TO: Agency Members /City Council FROM: Aaron Adams, Assistant City Manager DATE: November 24, 2009 SUBJECT: Establishment of California State University San Marcos at Temecula Located at Sparkman Altemative Educational Center Located at 32225 Pio Pico Road, Temecula and Agency Funding of Improvements and Development Costs at the Request of the Higher Education AdHoc Subcommittee Members (Washington /Naggar) PREPARED BY: Aaron Adams, Assistant City Manager RECOMMENDATION: That the City Council/Temecula Redevelopment Agency: 1. That the City Council adopt the following resolutions: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA, AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA" 2. That the Board of Directors of the Redevelopment Agency of the City of Temecula adopt the following resolutions: RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA CALIFORNIA" 3. That the Board of Directors of the Redevelopment Agency of the City of Temecula appropriate $3,000,000 from RDA Fund Balance for Improvements to and development of California State University San Marcos at Temecula as provided in the Funding Agreement. SUMMARY: California State University San Marcos "University will develop the California State University San Marcos at Temecula "CSUSM at the Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula California 92592 with the new address of 43890 Margarita Road, Temecula California 92592. CSUSM will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. CSUSM will be approximately fourteen thousand three hundred ninety -five (14,395) square feet. The recommended actions before the City Council and Redevelopment Agency will make the findings necessary for the Redevelopment Agency's funding of the construction and development of CSUSM. The Agency will provided $2,000,000 for the construction of the improvements for CSUSM and an additional $200,000 for five years for the University to continue to develop educational and employment opportunities. The recommended actions provide for the approval of the Funding Agreement with the University to provide for construction and development of CSUSM. BACKGROUND: The Higher Education Subcommittee (Naggar/Washington) has taken a very active and focused approach to assisting the University in sustaining and growing their higher education presence in the community. The concept of relocating the University to the Sparkman Alternative Education Center property was mentioned over a year ago when we first received notice that this very well may become one of several elementary schools selected to be closed by Temecula Valley Unified School District (TVUSD). Higher Education Subcommittee and City staff believe this concept of a project is absolutely necessary and a catalyst for stimulating future economic development, creating quality jobs and most importantly, deeply rooting a 4 -year college within our boundaries. Proposal of the Concept Includes: *Renovating the existing 12 -plex (14,395 sq ft-see exhibit) to accommodate larger lecture classrooms, creation of lab space and the construction of a parking lot expansion. *Proximity to future hospital development ideal. *12 -plex requires tenant improvements to transition to larger classroom sizes for college lectures as well as creation of laboratory and simulation labs. *Primary focus of programming will initially be nursing. However, the University expects to expand curriculum significantly at this location to include Teacher Credentialing, Masters in Educational Administration Leadership, Master of Science in Nursing, Registered Nurse Refresher, Osher Lifelong Learning, Human Resource Management Certificate, and more. *The University projects +500 FTE at this facility. *Transition to this property also requires an expanded parking lot at southern edge of property. 93 spaces will be added. This will add to the 116 existing parking spaces on the property for a total of 209 spaces. *Tenant improvements /parking lot improvements are part of the proposed RDA contribution (grant). *TVUSD is providing over $10 -15 million dollars of land and existing improvements at a cost of $1 /year. CSUSM will absorb all of the operational costs of providing faculty, staff and curriculum and the City's Redevelopment Agency the funding necessary for improvements and yearly development costs in an amount that provides five years of stable operation. Concept Deal points discussed include: TVUSD provides facility space for $1 /year with 10 year lease and optional extensions. *The University responsible for their respective utility costs, security, information technology, staffing and administration costs. TVUSD the University enter into Lease arrangement. *City /RDA provide redevelopment grant to construct needed tenant improvements as well as funding for yearly development costs for five years. Other forms of assistance may come in the form of corporate sponsorships, grant opportunities, and Higher Education Foundation assistance. DISCUSSION: The construction and development of CSUSM will benefit the Redevelopment Project Area and will assist in the elimination of blight in the Redevelopment Project Area in the following ways: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. The University has determined that no reasonable means of financing the construction and installation of classrooms and laboratory facilities at CSUSM are available to the University other than the use of Agency tax increment funds. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University have been severely reduced. The University is soliciting private donations to fund CSUSM at Temecula. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for CSUSM. Additionally, much of the private donations raised by the University for CSUSM at Temecula are pledged to on- going educational costs and maintenance of the Campus. The Temecula Valley Unified School District "District has also determined that no reasonable means of financing the tenant improvements to support the instructional programs at CSUSM are available to the District other than the use of Agency tax increment funds. The State of California is in a severe fiscal crisis and funds for capital improvements to school district facilities have been and will continue to be severely reduced. The District has no funds for the expansion of any district facilities. On November 10, 2009 the District adopted its Resolution No. 2009 -10/12 making these findings. The City is also unable to fund the proposed CSUSM. The prudent budget constraints of the City prevent the City from financing improvement and installation of classrooms and laboratory facilities at the proposed CSUSM at Temecula by any means other than the use of the Agency's tax increment funds. No moneys of the City are available to pay for the cost of the CSUSM improvements. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Traditional methods of financing the improvements to CSUSM, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two- thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two- thirds vote. ENVIRONMENTAL REVIEW The Temecula Valley Unified School District is the lead agency with respect to the California Environmental Quality Act. The District completed an Initial Study of Environmental Impact and on November 10, 2009 approved a Negative Declaration for the construction and development of CSUSM in accordance with the California Environmental Quality Act. FISCAL IMPACT: The Agency will be required to fund an amount not to exceed 3,000,000 for improvements to CSUSM and on -going development costs for five years. An appropriation of $3,000,000 from RDA Fund Balance reserves is necessary to fund this agreement. ATTACHMENTS: City Council Resolution Agency Resolution Funding Agreement RESOLUTION NO. 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS LOCATED AT 43890 MARGARITA ROAD, TEMECULA" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. The City Council hereby finds, determines and declares that: A. The 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 (the "Project Area 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. California State University San Marcos "University will lease from the Temecula Valley Unified School District approximately fourteen thousand three hundred ninety -five (14,395) square feet of the Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula California 92592 which will have the new address of 43890 Margarita Road, Temecula, CA for the purposes of establishing the California State University San Marcos at Temecula in the City of Temecula "CSUSM CSUSM will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at CSUSM will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) and in particular Sections 33390, 33391, 33445 and 33679 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to provide monetary assistance to the University for the construction and installation of classrooms and laboratory facilities at CSUSM. E. The construction and development of CSUSM is of benefit to the Project Area. The construction and development of CSUSM will benefit the Project Area in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. F. The construction and development of CSUSM will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. G. No reasonable means of financing CSUSM are available to the City or the University or the Temecula Valley Unified School District other than the use of the Agency's tax increment funds. 1) The prudent budget constraints of the City prevent the City from financing construction and development of CSUSM by any means. No moneys of the City are available to pay for the cost of the CSUSM improvements. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Traditional methods of financing the construction and development of CSUSM, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two- thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two- thirds vote. 2) The University has found that no reasonable means of financing construction and development of CSUSM are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The. University is soliciting private donations to fund CSUSM. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for CSUSM. Additionally, much of the private donations raised by the University for CSUSM are pledged to on -going educational costs and maintenance of the Campus. 3) The Temecula Valley Unified School District "District has also determined that no reasonable means of financing construction and development of CSUSM are available to the District. The State of California is in a severe fiscal crisis and funds for capital improvements to school district facilities have been and will continue to be severely reduced. The District has no funds for the expansion of any district facilities. H. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (e) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of educational facilities. J. The City Council has duly considered all terms and conditions of the proposed CSUSM Funding Agreement and believes that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. The Agreement pertains to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. L. The District is the lead agency with respect to the California Environmental Quality Act. On November 10, 2009 the District approved a Negative Declaration for CSUSM. The Council concurs in the findings and analysis of environmental impact as set forth in the Negative Declaration. M. On November 24, 2009, the City Council of the City of Temecula, the Board of Directors of the Redevelopment Agency of the City of Temecula and the University held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The City Council, Agency Board and University provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the City Council and Agency Board prior to adopting this Resolution. N. On November 10, 2009, the Governing Board of the Temecula Valley Unified School District held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The Governing Board provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the Governing Board. The Governing Board thereafter adopted Resolution No. 2009 -10/12 making the findings required by Health and Safety Code Sections 33445 and 33679. occurred. O. All legal prerequisites to the adoption of this Resolution have 2. Approval of Use of Agency Funds for California State University San Marcos at Temecula. Pursuant to the findings set forth above, the City Council hereby approves the use of tax increment funds in the amount of three million dollars ($3,000,000.00) for the construction and development of classrooms and laboratory facilities as well as development costs for five years at CSUSM as described in this Resolution. 3. Approval of California State University San Marcos at Temecula Funding Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA" (the "Agreement with such changes in the Agreement as may be mutually agreed upon by the University, the City and the City Manager as is in substantial conformance with the form of such Agreement which is on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. 4, City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the City of the such acceptances, certificates, certificates of completion and other implementing agreements and documents as contemplated, necessary or described in the Agreement. 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards Mayor 1, 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 24th day of November, 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. RDA 09- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA" THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. The Agency 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 (the "Project Area 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. California State University San Marcos "University will lease from the Temecula Valley Unified School District approximately fourteen thousand three hundred ninety -five (14,395) square feet of the Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula California 92592 for the purposes of establishing the California State University San Marcos at Temecula in the City of Temecula "CSUSM which will have the new address of 43890 Margarita Road, Temecula, CA. CSUSM will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at CSUSM will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) and in particular Sections 33390, 33391, 33445 and 33679 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to provide monetary assistance to the University for the construction and installation of classrooms and laboratory facilities at CSUSM. E. The construction and development of CSUSM is of benefit to the Project Area. The construction and development of CSUSM will benefit the Project Area in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. F. The construction and development of CSUSM will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. G. No reasonable means of financing CSUSM are available to the City or the University or the Temecula Valley Unified School District other than the use of the Agency's tax increment funds. 1) The prudent budget constraints of the City prevent the City from financing construction and development of CSUSM by any means. No moneys of the City are available to pay for the cost of CSUSM improvements. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Traditional methods of financing the improvements to CSUSM, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two- thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two- thirds vote. 2) The University has found that no reasonable means of financing the construction and development of CSUSM are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The University is soliciting private donations to fund CSUSM. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for CSUSM. Additionally, much of the private donations raised by the University for CSUSM are pledged to on -going educational costs and maintenance of the Campus. 3) The Temecula Valley Unified School District "District has also determined that no reasonable means of financing construction and development of CSUSM are available to the District. The State of California is in a severe fiscal crisis and funds for capital improvements to school district facilities have been and will continue to be severely reduced. The District has no funds for the expansion of any district facilities. H. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (e) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of educational facilities. J. The Agency Board has duly considered all terms and conditions of the proposed CSUSM Funding Agreement and believes that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. The Agreement pertains to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. L. The District is the lead agency with respect to the California Environmental Quality Act. On November 10, 2009 the District approved a Negative Declaration for CSUSM at Temecula. The Council concurs in the findings and analysis of environmental impact as set forth in the Negative Declaration. M. On November 24, 2009, the City Council of the City of Temecula, the Board of Directors of the Redevelopment Agency of the City of Temecula and the University held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The City Council, Agency Board and University provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the City Council and Agency Board prior to adopting this Resolution. N. On November 10, 2009, the Governing Board of the Temecula Valley Unified School District held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The Governing Board provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the Governing Board. The Governing Board thereafter adopted Resolution No. 2009 -10/12 making the findings required by Health and Safety Code Sections 33445 and 33679. occurred. O. All legal prerequisites to the adoption of this Resolution have 2. Approval of Use of Agency Funds for California State University San Marcos at Temecula. Pursuant to the findings set forth above, the Agency Board hereby approves the use of tax increment funds in the amount of three million dollars ($3,000,000.00) for the construction and development of classrooms and laboratory facilities, as well as, development costs for five years at CSUSM as described in this Resolution. 3. Approval of California State University San Marcos at Temecula Facilities Funding Agreement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA" (the "Agreement with such changes in the Agreement as may be mutually agreed upon by the University, the City and the Agency Executive Director as is in substantial conformance with the form of such Agreement which is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. 4. Executive Director's Authority. 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 Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the Agency of the such acceptances, certificates, certificates of completion and other implementing agreements and documents as contemplated, necessary or described in the Agreement. 5. Certification. 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 24th day of November, 2009. ATTEST: Susan W. Jones, MMC City Clerk /Board Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Ron Roberts,Chairperson 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- 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 24th day of November, 2009, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 32225 PIO PICO ROAD, TEMECULA THIS AGREEMENT is made and entered into by and between the Redevelopment Agency of the City of Temecula "Agency the City of Temecula "City and the California State University San Marcos "University and shall be dated as of November 24, 2009. In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: Section 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: (a) 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 (the "Project Area 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 Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (e) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of educational facilities. (d) California State University San Marcos "University") has leased from the Temecula Valley Unified School District approximately fourteen thousand three hundred ninety- five (14,395) square feet of the building located at 32225 Pio Pico Road, Temecula California 92592 for the purposes of establishing California State University San Marcos at Temecula 11171981.1 1 "CSUSM which will have the new address of 43890 Margarita Road, Temecula, CA. CSUSM will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at CSUSM will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. (e) Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to pay for the construction and installation of classrooms and laboratory facilities at CSUSM. (f) The construction and development of CSUSM is of benefit to the Project Area and will assist in the elimination of blight in the Project Area. Construction of CSUSM will benefit the Project Area in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university-level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at the CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university- level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. (g) The University has determined that no reasonable means of financing the construction and installation of classrooms and laboratory facilities at CSUSM are available to the University other than the use of Agency Tax Increment Funds. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University have been severely reduced. The University is soliciting private donations to fund CSUSM. The fundraising efforts 11171981.1 2 have been insufficient to meet all of the costs for the capital improvements required for CSUSM. Additionally, much of the private donations raised by the University for CSUSM are pledged to on -going educational costs and maintenance of the Campus. (h) The Temecula Valley Unified School District "District has also determined that no reasonable means of financing the tenant improvements to support the instructional programs at CSUSM are available to the District other than the use of Agency tax increment funds. District funds are limited for the expansion of any district facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to school district facilities are being severely reduced. On November 10, 2009 the District adopted its Resolution No. 2009 -10/12 making these findings. (i) Through the adoption of City Council Resolution No 09- and Agency Resolution No. 09- the City and Agency approved the Agency's funding of the Public Improvements pursuant to Health and Safety Code Section 33445 each finding that construction of the Public Improvements will benefit the Project Area, assist in the elimination of blight in the Project Area, and that no other reasonable means of financing the Public Improvements is available to the City, Agency and University. Temecula. Section 2. Development of California State University San Marcos at (a) For a period of not less than ten (10) years from the date of this Agreement, University shall: 1) Maintain CSUSM at 43890 Margarita Road, Temecula California 92592 for CSUSM for a period of ten (10) years from the date of this Agreement pursuant to the terms and conditions stated in the executed lease agreement between CSUSM and the District dated as of November 10, 2009 "Lease Agreement provided, however, that in consideration of the substantial financial investment of the Agency in CSUSM, University shall not terminate the Lease Agreement within said ten -year period until such time as the parties may reach mutual agreement as to the disposition or integration of CSUSM with the permanent CSUSM facility. 2) Maintain CSUSM for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. 3) Use its reasonable efforts to utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. 4) Use its reasonable efforts to utilize businesses within the City, particularly the Project Area, for internships and practical training of the students attending classes at CSUSM; C SUSM 5) Use its reasonable efforts to provide employment opportunities at 11171981.1 3 6) Use its reasonable efforts to provide opportunities for businesses within the Temecula community, and particularly the Project Area, to provide services, equipment and supplies to CSUSM in accordance with such laws and regulations applicable to the University; 7) Use its reasonable efforts to provided opportunities for businesses in the City, and particularly the Project Area, to further train and educate their employees; and 8) Use its reasonable efforts to coordinate and promote the student job opportunities with businesses located within the City, and particularly the Project Area. 9) To the extent reasonable feasible given the educational constraints of the University, the City and the University shall cooperate in providing educational, cultural and recreational opportunities for the community at CSUSM. (b) The University shall design, construct and install such classrooms, parking facilities, laboratories, and other education facilities as it deems necessary for the CSUSM "Improvements in accordance with the requirements specified in the executed Lease Agreement and with such laws, regulations and policies as may be applicable to the improvements. (c) Agency shall pay to the University the sum of two million dollars ($2,000,000.00) towards the costs of design, construction, installation the improvements, furniture, fixtures, and equipment for CSUSM in accordance with plans for CSUSM approved by the State Architect. Such payment shall be made within forty-five (45) days of a written request by the University, which request shall certify that the University has entered into a contract for construction of the Improvements. If the University has not requested payment on or before June 30, 2010, the Executive Director of the Agency may terminate this Agreement. University shall provide a summary of all expenditures to City within ninety (90) days of project completion. If any funds are not expended at project completion, they shall be returned to Agency. (d) Agency's contribution to the Improvements shall be limited to this amount unless otherwise agreed to in writing between the Agency and the University by an amendment to this Agreement. (e) Title to the Improvements constructed at CSUSM shall be vested in the University. Agency shall have no interests in CSUSM or the Improvements. (f) Terms of this agreement are subject to CSUSM complying with CSU Executive Order 720; BOT approvals, as required, and CSU policies and procedures as they relate to program development. at Temecula. Section 3. Further Assistance for California State University San Marcos (a) Agency shall pay to the University no more than $315,000 in development costs in calendar year 2010 and 2011. and $186,960 in calendar years 2012, 2013, and 2014. However, total payments for development costs shall not exceed $1,000,000 in all five years to 11171981.1 4 enable the University to continue to develop CSUSM and to provide the educational and employment opportunities for the City of Temecula in general and the Project Area in particular associated with CSUSM. (b) Pursuant to Health and Safety Code Section 33220 the City, the Agency and the University shall cooperated in the development of the educational and employment opportunities at CSUSM, as well educational, cultural and recreational opportunities for the community at CSUSM as described in Section 2.(a) of this Agreement. Section 4. Indemnification. University shall defend, indemnify, assume all responsibility for and hold the Agency, City of Temecula, and their officers, officials, agents, and employees "Indemnified Parties harmless from all costs (including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death that may be caused by any of the actions or inactions of the University or that may result from the University's construction and installation of the Improvements and its use of CSUSM, whether such actions or inactions or use by University or any person directly or indirectly employed or contracted with by the University and whether such action shall accrue or be discovered before or after termination of this Agreement. This Section shall survive termination or expiration of this Agreement. Section 5. General. (a) Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party: Agency: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director /City Manager University: CALIFORNIA STATE UNIVERSITY SAN MARCOS 333. S. Twin Oaks Valley Road San Marcos, CA 92096 Attention: Matthew Ceppi, Chief of Staff (b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof, except for that certain Off Campus Funding Agreement between the Agency and the University dated as of August 26, 2008. Upon occupancy of CSUSM, the Executive Director of the Agency is hereby authorized to take such actions and enter into such agreements as may be necessary to 11171981.1 5 terminate or modify the University's obligations under that certain Off Campus Funding Agreement between the Agency and the University dated as of August 26, 2008. (c) Time is of the essence of this Agreement. (d) Amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Owner. (e) The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. (f) In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. (g) Each person signing below personally warrants and represents to the parties that the party he or she represents has approved this Agreement, intends to be bound by its terms and that they are duly authorized to execute this Agreement on behalf of the party they represent. (h) The parties acknowledge that time is of the essence in this Agreement. 11171981.1 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. 11171981.1 7 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Ron Roberts Chairperson ATTEST: Susan Jones, MMC Secretary APPROVED AS TO FORM: Peter M. Thorson General Counsel 11171981.1 8 CITY OF TEMECULA Maryann Edwards Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attomey 11171981.1 9 CALIFORNIA STATE UNIVERSITY By: Name: Title: By: Name: Title: California State University SAN MARCOS October 19, 2009 Mayor Maryann Edwards City of Temecula Chairman Ron Roberts Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589 Re: California State University San Marcos Temecula Learning Center Dear Mayor Edwards and Chairman Roberts: Office of the Vice President, Finance and Administrative Services California Stale University San Marcos San Marcos, California 92096 -0001 USA Tel: 760 750 -4950; Fax: 760 750 -4949 trtvw, csus,n. erhi California State University San Marcos is pleased to be a partner with the City of Temecula in the development of an off campus center. The Sparkman facility will provide space to serve more students and allow for expansion of innovative degree programs, career development and lifelong learning opportunities that are relevant to preparing southwest Riverside County residents for the future. The University is considering the lease of approximately (15,000) square feet of the Sparkman Alternative' Educational Center located at 32225 Pio Pico Road, Temecula, California 92592 for the purposes of establishing the California State University San Marcos Temecula Learning Center in the City of Temecula "Center The Center will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at the Center will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. The University, the Redevelopment Agency of the City of Temecula "Agency and the City of Temecula are considering a Funding Agreement in which the Agency will pay to the University approximately $2,000,000 for the construction and development of the Center and $200,000 per year for five years for the development of the Center. The University's Temecula Learning Center is proposed to be financed with tax increment funds of the Agency. The California State University Bakersfield Channel Islands Chico Dominguez Hills East Bay Fresno Fullerton Humboldt Long Beach Los Angeles Maritime Academy Monterey Bay Northridge Pomona Sacramento San Bernardino San Diego San Francisco San Jose San Luis Obispo San Marcos Sonoma Stanislaus The Community Redevelopment Law of the State of California in Health and Safety Code Sections 33445 and 33679 requires that the Agency, City, University and District each make certain findings justifying the use of Agency funds for the Center. The required findings are: (1) The construction and development of the Center is of benefit to the Project Area; (2) the construction and development of the Temecula Leaning Center will assist in the elimination of blight in the_Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 of the Health and Safety Code; and (3) no reasonable means of financing the Temecula Leaning Center are available to the Temecula Valley Unified School District other than the use of the Agency's tax increment funds. We have carefully considered the findings required to be made by all of the public entities involved with the construction and development of the City as required by I- Iealth and Safety Code Sections 33445 and 33670 and can make the following findings with respect to the Center and its proposed funding: A. The construction and development of the Center is of benefit to the Project Area. The construction and development of the Center will benefit the Agency's Redevelopment Project Area "Project Area in that the Center will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at the Center; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at the Center; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university Level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. B. The construction and development of the Center will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that the Center will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (7) 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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at the Center; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university-level educational opportunities generated at the Center; (10) encourage the development of research and development and professional businesses in the community, and particularly in the Project Area, by providing university- level educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. C. No reasonable means of financing Center are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The University is soliciting private donations to fund the Center. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for the Center. Additionally, much of the private donations raised by the University for Temecula Learning Center are pledged to on -going educational costs and maintenance of the Campus. The California State University Bakersfield Channel Islands Chico Dominguez Hills East Bay Fresno Fullerton Hmnboldl Long Beach Los Angeles Maritime Academy Monterey Bay Northridge Pomona Sacramento San Bernardino San Diego San Francisco San Jose San Luis Obispo San Marcos Sonoma Stanislmts A representative of the University will be present at the joint public hearing on November 24, 2009 to address any questions that the Council, Agency Board, or public may have on these findings. Through this sustained partnership, we will provide affordable access to a quality public university in southwest Riverside County and, work toward our common goal to raise the level of educational attainment and continue economic and social development in the region. The people of Temecula can take great pride in belonging to a community that is a pioneer of 21' education. Sincere] inda awk Vice President Financial and Administrative Services otak October 7, 2009 TEMECULA VALLEY Unified School District SUPERINTENDENT Carol A. Leighty, Ed.D. Aaron Adams, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 31350 Rancho Vista Road Temecula, CA 92592 (951) 676 -2661 @QARD OF EDUCATION Robert Brown Vincent O'Neal Di. Allen Pulsipher Dc Kristi Rutz Robbins Richard Shafer Dear Mr. Adams, It is the intention of the Temecula Valley Unified School District to enter into an agreement with California State University, San Marcos, the City of Temecula and the Temecula Redevelopment Agency to utilize the 12 -plex at Sparkman Alternative Education Center as an interim satellite facility for the university. The Temecula Valley Unified School District believes this next step in our partnership with the Califomia State University, San Marcos, the City of Temecula and the Temecula Redevelopment Agency will accomplish at least five objectives: 1. Enhance the opportunity for our students to attend a four year university in the community thereby increasing the options for higher education for our young people and enhancing quality of life in the valley 2. Provide a temporary home for the university as they expand their course offerings in the community 3. Develop a partnership with the university students and the alternative center students to enhance learning for both 4. Develop a career pathway for alternative center students that will build skills and knowledge in the health sciences which will continue at the university level 5. Share resources at the university and district level to maximize facility use and enhance instructional programs To these ends, the district is willing to work with California State University San Marcos, the City of Temecula and the Temecula Redevelopment Agency to develop a Memorandum of Understanding regarding the improvements and operational costs for the 12 -pex building and related facilities and determine the obligations of each party and the funding sources. Items to be addressed within the Memorandum of Understanding include, but are not limited to the following: 1. Determine proposed "lease area" including areas exclusively reserved for CSUSM students as well as joint use areas Page 2 Mr. Aaron Adams October 7, 2009 Sincerely, 2. Operational Issues a. Routine and deferred maintenance of facility and related areas b. Nightly cleaning and facility maintenance c. Access issues d. Hours of operation e. Secondary use of facilities by others f. Property and Liability insurance and hold harmless 3. Determination of scope on interior and exterior renovations and modifications, including expansion of parking area and outdoor lighting, including but not limited to: a. Installation of sub meters for gas, water and electricity b. Separate fiber optic service for intemet access c. Separate phone service d. Funding for restoration of improvements to original condition upon expiration of lease e. Building security and alarms f. Approval of Division of State Architect for proposed improvements g. Approval by District of plans relative to equipment proposed to be added to the facility h. Signage i. Fencing j. Trash Removal k. Coordination with other site occupants 4. Development of a 10 year renewable lease with options 5. Method for resolution of operational/conflict issues regarding site occupants and any neighborhood impacts 6. The district will begin the CEQA analysis and open the 30 day review period in early October: It is the understanding of the Temecula Valley Unified School District that the Temecula Redevelopment Agency will hold a joint public hearing on October 27, 2009, with the City Council to approve funding of the project. The Board of Trustees and the Superintendent of the Temecula Valley Unified School District sees this partnership as a truly innovative approach to enhancing K -16 education in the valley, sharing limited resources and improving quality of life in the valley. We are very proud of the opportunity to share in this truly creative proposal to further our goals of quality education for all. Otfit/M. K Carol A. Leighty Item No. 20 RDA DEPARTMENTAL REPORT TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: November 24, 2009 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Approvals City Attorney Director of Finance City Manager Temecula Valley Convention and Visitors Bureau Lease of Commercial Space in the Old Town Parking Garage The Agency and the Temecula Valley Convention and Visitors Bureau have negotiated the draft terms of an Office Lease for commercial space in the Old Town Parking Garage. The Office Lease is scheduled to come before the Agency Board at the November 24, 2009 Agency Board meeting. Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development •surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with staff on site planning issues. On January 22, 2009 the Executive Director granted a three -month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a.six (6) month extension to the ENA. Auto Mall Sign The Agency and Auto Dealers Association have entered into a Loan Agreement for a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition' marquee sign. Part of the agreement stipulates that the City will have 10% of the time between sunrise and 11:00 p.m. daily to use the sign to promote City interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old sign will be removed. Per the Loan Agreement the Auto Mall sign shall be constructed on or before October 13, 2010. Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2009 -2010 The following facade improvements are in process or recently completed: Emporium Center Facade Renovation Temecula Stage Stop Outdoor canopy renovation Pennypickle's Workshop Change copy and refurbish sign The applications currently under review have exhausted the Facade Improvement Program budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not available for the remainder of this Fiscal Year. HOUSING Housing Element Update The Agency is preparing the Housing Element Update. A third draft of the Housing Element was submitted to the State Department of Housing and Community Development (HCD) for a 60 -day review and comment period on April 9, 2009. HCD comments were received on June 9, 2009. RDA staff revised the final draft based on HCD's June 2009 letter. Staff completed an initial study and Negative Declaration for the Housing Element. The Planning Commission recommended on September 2, 2009 that the City Council approve the Housing Element Update and adopt the Negative Declaration. A City Council hearing is scheduled for November 10, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90 -day Certification review. The Warehouse at Creekside On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3 Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. The project is currently under construction and is slated to be completed by spring 2010. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for, Interest to select a preferred development partner for the 30 -acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. Due to the State of California's Redevelopment SERAF take it is not possible for the Agency to pursue a project with the Hobbs Company on the Diaz site at this time. The Agency negotiated a Purchase and Sale Agreement and Escrow Instructions "PSA for the sale of approximately 20 acres to Clearwater Development for the development of a water park. The Agency Board approved the PSA on September 22, 2009. Major terms of the PSA are a purchase price of $6.7 million with a $1 million "holdback" to mitigate existing soils conditions. Since the Agency and Clearwater Development entered into the PSA Clearwater requested an extension to the escrow of 6 months. At the October 27, 2009 Agency Board meeting the extension was approved. The new close of escrow is scheduled for April 30, 2010. First Time Homebuyers Program On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $250,000 $300,000 price range. An article published in the Californian on July 5, 2009 has generated tremendous interest in the program. However, on July 24, 2009, the State Legislature passed a budget that proposes a take of $2.05 Billion in statewide redevelopment agency funds to help close the State's current budget deficit. This means that about $4,300,000 in City of Temecula Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional $900,000 diverted to the state in Fiscal Year 2010/2011. As a result, funding for this program is temporarily frozen and no new applications are being considered at this time. Summerhouse The Agency negotiated an Owner Participation Agreement "OPA with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income. The terms of this agreement place affordability restrictions on the property for 55 years. Summerhouse Housing Partners L.P. has closed escrow and taken full title to the property and has begun the clean -up and restoration of the site. A development plan has been submitted to the City and completion of the partially completed units shall begin within 120 days with completion of those 20 units no more than 15 months thereafter. Residential Improvement Program The program budget for FY 2009/2010 is $200,000.00. However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City of Temecula Redevelopment Agency has required unreserved funds budgeted for this program to be temporarily frozen. The Redevelopment Agency is currently processing 5 applications totaling $34,295 that were in the queue prior to Monday, July 27. No new applications are being considered at this time. Eleven applications are on hold pending release of funds for this program. Item No. 21 COUNCIL BUSINESS CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: November24, 2009 Approvals City Attorney Director of Finance City Manager SUBJECT: Consideration of assessment rate increase from 2% to 4% for the Temecula Valley Tourism Business Improvement District (at the request of the Economic Development Subcommittee) RECOMMENDATION: That the City Council consider authorizing staff to proceed with procedures to increase the Temecula Valley Tourism Business Improvement District_assessment rate from 2% to 4 BACKGROUND: In December of 2005, the City Council took the necessary actions and adopted Ordinance No. 05 -17 to form a Temecula Valley Tourism Business Improvement District (TVTBID) to promote tourism in the Temecula Valley at the request of all the lodging businesses within the City. Thereafter, the City Council was authorized to undertake proceedings to annually levy assessments against businesses within the TVTBID pursuant to the Parking and Business Improvement Area Law of 1989. The current rate of the approved assessment is 2% of the room rental rate. On October 15, 2009, the Temecula Valley Convention and Visitor's Bureau (CONVIS), on behalf of the hotel owners, met with the Economic Development Subcommittee (Council Members Washington and Roberts) for the purpose of requesting an increase of the TVTBID assessment rate from 2% to 4 The hotel owners were unanimous in requesting the increase in an effort to enhance the marketing of the Temecula Valley as a destination getaway. The current revenue generated by the.2% assessment is approzimately$568,000 based on the City's fiscal year 2009-10 budget estimates. This 2% assessment is in addition to the City's Transient Occupancy Tax (TOT) rate.of 8 The estimated TOT Revenue for the Fiscal Year 2009 -2010 is budgeted at $2,336,806. The Subcommittee Members were in support of bringing forward to the City Council a recommendation to consider the increase and authorize staff to proceed with the procedures necessary to implement the increase. The attached summary is a Schedule of Actions for Assessment Increase which outlines the timeline and various actions required to comply with the required change to the Ordinance. On November 13, 2009, CONVIS provided the City with a support letter of signatures from the 15 lodging facilities within the District in favor of the increased assessment rate. This letter demonstrates the unanimous support from the lodgings in the District. In addition, CONVIS provided the FY 2009 -10 Annual Report and the FY 2010 -2011 Annual Marketing Plan, as approved by the Advisory Board as required. The Marketing Plan details the budget for the activities and the programs for the District for the coming year. The Annual Report identifies an annual budget of .$1,018,780, which is an increase of amount of $489,000 from the prior year budget. This increased revenue is proposed to be primarily used to fund additional advertising /marketing and personnel costs associated with the increased marketing efforts for the hotels. Should the City Council authorize staff to proceed with a Resolution of Intention to Increase the Assessment, and a Resolution to approve the Annual Report, they will be brought forward to the City Council meeting of December 8, 2009. Thereafter, a public hearing will be held on January 12, 2010 to adopt the Resolution confirming the assessment for FY 2010 -2011, and the first reading and introduction of the Ordinance amending the Code Section 3.40.030.B increasing the assessment from 2% to 4 FISCAL IMPACT: CONVIS is anticipating that the 4% annual assessment would result in the collection of approximately $1,018,780 of revenue for the TVTBID in fiscal year 2010 -11, which would be used by the CONVIS for the promotion of tourism and increase hotel stays. The City would receive up to 2% of the assessments, or approximately $20,375, to offset administrative costs. In addition, CONVIS has indicated that they will be reducing their annual request for City marketing support funds from $108,000 to $35,000, which will be used to fund the Citywide marketing brochure. ATTACHMENTS: Schedule of Actions for Assessment Increase List of signatures of support from all hotel owners Temecula Valley Convention Visitors Bureau 2010 -2011 Annual Report Budget and Marketing Plan Attachment No. 1 SCHEDULE OF ACTIONS FOR ASSESSMENT INCREASE CITY OF TEMECULA TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT SCHEDULE OF ACTIONS FOR ASSESSMENT INCREASE October 31, 2009 1. NOVEMBER 13, 2009 A. Advisory Board must approve the Annual Report that contains the proposed new assessment and the normal Annual Report material as required by Streets Highways Code 36533 and submit to the City. (Section 3.C. of the December 13, 2005 Management Agreement between the City and CONVIS requires that the Annual Report be submitted to the City by November 1 in a year in which the Assessment is proposed to be increased.) CONVIS submits letter to Council requesting assessment increase from 2% to 4% that is signed by each hotel in the District. 2. NOVEMBER 24, 2009 CITY COUNCIL MEETING A. Council discussion of concept of assessment increase from 2% to 4 Staff Report to include: 11086-0140 \1183849v1 1) Advisory Board Annual Report 2) Explanation of need for Ordinance amending Temecula Municipal Code 3.40.030.B. changing the Assessment from 2% to 4% must be adopted and effective prior to February 28, 2010. 3) Explanation of extensive procedures required for the change: public meeting; public hearing; first reading of ordinance; second reading of ordinance; and 30 day period prior to ordinance being effective. B. Council authorizes Staff to proceed with procedures to increase Assessment from 2% to 4 3. NOVEMBER 25, 2009 A. Staff sends formal mailed notice as required by Government Code 54954.6 to each hotel in the TVTBID setting forth: (1) the proposed Assessment increase from 2% to 4 (2) the Public Meeting to be held on December 8, 2009: (3) the Public Hearing to be held on January 12, 2010; and (4) the availability of the Annual Report for public review at City Hall. 4• CITY OF TEMECULA TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT SCHEDULE OF ACTIONS FOR ASSESSMENT INCREASE October 31, 2009 4. DECEMBER 8, 2009 CITY COUNCIL MEETING A. Public Meeting required by Government Code 54954.6. B. Adopt Resolution approving Annual Report from Advisory Board as required by Streets Highways Code 36533. C. Adopt Resolution of Intention to increase Assessment from 2% to 4% as required by Streets Highways Code 36534. 5. DECEMBER 23, 2009 A. Staff sends the Notice of the January 12, 2010 Public Hearing and the Resolution of Intention to the newspaper for publication on January 2, 2010 as required by Government Code 54956.6 and Streets Highways Code 36541. B. Staff mails the Notice of the January 12, 2010 Public Hearing and the Resolution of Intention to each hotel in the TVTBID as required by Government Code 54954.6 and Streets Highways Code 36541. 6. JANUARY 2, 2010 A. Newspaper publishes Notice of the January 12, 2010 Public Hearing and the Resolution of Intention as required by Government Code 54956.6 and Streets Highways Code 36541. 7. JANUARY 12, 2010 COUNCIL MEETING A. Public Hearing required by Streets and Highways Code 36541 and by Government Code 54954.6 B. Adopt Resolution confirming Assessment for FY 2010 -2011 as required by Streets Highways Code 35641. C. First Reading and Introduction of the ordinance amending Temecula Municipal Code Section 3.40.030.B. increasing the Assessment from 2% to 4% 8. JANUARY 26, 2010 CITY COUNCIL MEETING A. Second reading and adoption of the Ordinance amending Temecula Municipal Code Section 3.40.030.B. increasing the Assessment from 2% to 4% 9. FEBRUARY 25, 2010 11086-0140 \1183849v1 2- CITY OF TEMECULA TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT SCHEDULE OF ACTIONS FOR ASSESSMENT INCREASE October 31, 2009 A. The Ordinance amending Temecula Municipal Code Section 3.40.030.B. increasing the Assessment from 2% to 4% becomes effective 10. MARCH 1, 2010 A. 4% Assessment for all hotels in TVTBID is effective 11086-0140 \1183849v1 3. Attachment No. 2 LIST OF SIGNATURES OF SUPPORT FROM ALL HOTEL OWNERS November 13, 2009 Honorable Mayor Mary Ann Edwards, Mayor Pro Tem Jeff Comerchero, Members of the City Council and City Staff City of Temecula 43200 Business Park Dr. Temecula, CA 92589 -9033 Dear Honorable Mayor MaryAnn Edwards: Please find enclosed our support letter of signatures from the 15 lodging facilities under the Tourism Business Improvement District, supporting the increase of an additional 2% assessment for a total of 4 effective March 1, 2010. Additionally, we have enclosed, as requested, the 2009 -2010 Annual Report and 2010 -2011 Annual Marketing Plan, which was approved by the Advisory Board at our noticed meeting at City Hall on November 12, 2009. As we all know, 2010 will continue to be a challenging economic year. With the assurance of our current BID partners and strength of our local government, we are optimistic that the increase will leverage our ability to remain competitive and achieve our district goals. Thank you for your consideration and support. Sincerely, Kimberly President CEO SOUTHERN CALIFORNIA L WINE COUNTRY .lJ Temecula Valley Convention and Visitors Bureau 26790 ynez ct suite b temecula ca 92591 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com The Honorable Mayor Mary Ann Edwards, Mayor Pro Tenn, Jeff Comerchero and Members of the City Council 43200 Business Park Drive P.O Box Temecula, CA 92589 -9033 Dear Honorable Mayor Edwards As the lodging businesses and current partners of the Temecula Valley Business Improvement District (TVBID), we support an additional 2% assessment fee that shall be added to our guest folios which will not exceed 4% effective March 1, 2010. We support the Temecula Valley Convention Visitors Bureau Sales and Marketing efforts to drive business to our destination through the TVBID districts plan. The funds raised shall be spent within the boundaries of the TVBID on the marketing and direct sales efforts to increase sales and market of the Temecula Valley area as a tourist and meeting destination. Please find below the signature of our support: Best Western Business Name: Embassy Suites Business Name: 1 AEI r tune Title Ati Ceo t A .w➢coc Signature -Title Extended Sta America Business Name: Signature Itl Fairfield Inn Suites �1 Business Name: Sign ure -Title c ruitrr"r f V SOUTHERN CALIFORNIA WINE COUNTRY Temecula Valley Convention and Visitors Bureau if Date: Date: Hampton Inn Suites P n1t, 9 ii/&/09. Business Name: Signatur itle Da e: 26790 ynez ct suite b temecula ca 92591 951.491.6085 888.363.2852 fax 951.491.6089 temeculacvb.com BID Hotels Cont. Holiday Inn Express Business Name: La Quinta Inn Suites Business Name: Motel 6 Business Name: Palomar Inn Hotel Business Name: Quali Inn Wine Count Business Name: Ramada Inn Business Name: Rancho California Inn Business Name: Rodeway Inn Business Name: Springhill Suites Business Name: Temecula Creek Inn Business Name: Signature -Title dna i mat Signature -Title 4(.- Sec G tXC uot, F-n- e ou SianatIJr tl 0 gnat -Title Signature -Title Signature -Ti Signature -Title nature -Title Date: even) llllll°9 Date: kCL Date: O Date: /1 I o ,0 7 Date: It )ItJo Date: II OBI Date: D te: BID Hotels Cont. Holiday Inn Express Sri r- f /G 7 Business Name: Signature-Title l Date: La Quinta Inn Suites �hr�v../ `S�m) �d o 1 q Business Name: Signature -Title Date: Motel 6 Business Name: Palomar Inn Hotel Business Name: Quality Inn Wine Count Business Name: Ramada lnn Business Name: Rancho California Inn Business Name: Rodewav Inn Business Name: Springhill Suites Business Name: Temecula Creek Inn Business Name: gna -Title Signature -Title 4 }�p1 mow^° W 1\ t, I� Date: kren. I T-491 Da ,j i crel Signature Title nature -Title 1/- 9. 05 Date: 11, I ,a Date: l/ ill/ 0 9 Date: II Date: uJ /o D te: Attachment No. 3 TEMECULA VALLEY CONVENTION VISITORS BUREAU 2010 -2011 ANNUAL REPORT BUDGET AND MARKETING PLAN Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 24, 2009 SUBJECT: Public /Traffic Safety Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant Approvals City Attorney Director of Finance City Manager s2, OaL RECOMMENDATION: Appoint one applicant to .serve a full three -year term on the Public/Traffic Safety Commission through October 10, 2012. BACKGROUND: The term of Commissioner Bob Hagel expired on October 10, 2009. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Edwards and Mayor Pro Tem Comerchero for review and recommendation. Both Mayor Edwards and Mayor Pro Tem Comerchero have recommended the re- appointment of Bob Hagel to serve a full three -year term through October 10, 2012. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of October 13, 2009. FISCAL IMPACT: None ATTACHMENTS: Five (5) Applications for Appointment See attached. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Number of years as a City of Temecula Resident 6.5 Are you a City Registered Voter? Yes Signature: A "V S1 Date: September 22, 2009 Please return to: City Clerk's r tc 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE RECEOVED SEP 2 5 2009 Commission Appoillfmr#taR Application Please Check One: 1 1 Planning 1 1 Community Services J x Public Traffic Safety NAME: Robert J. Nagel Sr. OCCUPATION: Business Owner ADDRESS: DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: Eagle Graphic Creations Inc. EMPLOYER ADDRESS: 41775 Elm Street, Suite 203, Murrieta CA 9256 E -MAIL Educational Background /Degrees: BS in Economics Industrial Relations; Numerous advanced business, computer technology, marketing, and management courses. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula: Public Traffic/Safety Commission 3; Marketing Committee Temecula Citizens Corp 5; Murrieta: Community Steering Committee 1, Economic Development Committee 1 List any organizations to which you belong (professional, technical, volunteer groups, non -profit organizations, service clubs, etc.): Chairman of the Board, Murrieta Chamber of Commerce; Temecula Chamber of Commerce; United Way Advisory Board; Awards Recognition Association; Temecula Citizens Corp State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) 1 understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. I consent. i DEPT. HAGEL Public Traffic /Safety Commission I wish to be a part of Temecula's growth development, giving back to my community as I work locally and can participate in City events. I have found it takes several years to learn the many aspects of our city's traffic safety issues and all the laws governing them. I believe I can contribute even more with this learning curve behind me. I have authored a City program called Slow Excessive Neighborhood Speeding (SENS) and will continue to focus on neighborhood speeding issues which threaten our families. I have supported our safety professionals by contributing to TCC, attending many DUI Checkpoint, and working in shelters during the fires. feel it is also my duty to be an ambassador for the City, listening to citizens concerns, looking into issues and responding, providing education when appropriate, and by attending as many City events as possible. Page 1 Please Check One: City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application ent' o o} prop consid yon musk currently ti a P of Temecula an d a RL'2isfered Vote r wtthrn ke f r _v,, C►ty ofTemeeulaY I Planning I I Number of years as a City of Temecula Resident Community Services Inn I Are you a City Registered Voter? OCT 13 2009 sin v CLERKS DEPT, Public Traffic Safety NAME: F. X. RADNICH OCCUPATION: RETIRED ADDRESS: DAYTIME PHONE: EVENING PHONE: SAME EMPLOYER NAME: NIA EMPLOYER ADDRESS: E- Please Check One: City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 Commission AppointmetF Application OCT For proper cousiderahon you musicurrvntly be.a resident.of the., City of Temecula and a Registered Voter within the City I im ks: of the City of:Te.necula tY CLE I I Planning Community Services j x 1 Public Traffic Safety Number of years as a City of Temecula Resident 6 -1/2 Are you a City Registered Voter? Yes NAME: Nicholas Shestople ADDRESS: DAYTIME PHONE: EMPLOYER NAME: NA EMPLOYER ADDRESS: NA OCCUPATION: Retired Public Works Engineer EVENING PHONE: E -MAIL Educational Background /Degrees: BS degree in Civil Engineering, Northeastem University, Boston, MA, 1962.8 years active duty, Army Corps of 32 Years as civilian employee of Army, including 20 years as Deputy Director of Public Works at various installations. Retired and moved to the Temecula area in 2000, and into town in April 2003. L any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non -profit organizations, service clubs, etc.): American Society of Civil Engineers; National Active and Retired Federal Employees Association; Society of American Military Engineers; Tradewinds Homeowners Association Board of D State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if. necessary. Letters of recommendation and /or references are encouraged.) My responsibilities in Public Works included traffic and all aspects of safety. For nine years I delivered pizza in Temecula, and am very aware of street layouts and traffic patterns. 1 am interested, and believe 1 would be an asset to the commission. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date:2 October 2009 Please retum to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE EOVED 6 2009 RKS DES Please Check One: Number of years as a City of Temecula Resident 12 Are you a City Registered Voter? yes NAME: Todd D Smith OCCUPATION: Fire Captain ADDRESS: DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: West Covina Fire Department EMPLOYER ADDRESS: 1435 W. Puente Ave. West Covina, CA 91790 E MAIL Educational Background /Degrees: Masters in Business Administration, 2009 Bachelors in Business Administration, 1997 Executive Fire Officer, 2008 Associates Degree in Fire Technology, Associates Degree in Emergency Medical Services List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Public Safety Negotiation Commission January 2001 until January 2007. List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): Southwest Boys and Girls Club, Volunteer and Coach; Temecula Valley Soccer Academy, Coach and Referee; Temecula Valley Pop Warner Football, Coach; Temecula Valley Balloon and Wine Festival, Volunteer, Southern California Fire Chiefs Association EMS Section: Beta Gamma Siema Honors Society: Emergencv Medical Technician Paramedic State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) See attached Signature: City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 1 1 10 13 -09 A10.40 IN Commission Appointment Application For prover consiiferatiou, you must eurxen a residentof t Ctty of Temecula and a Registered V ot e r witiun}t re Ianuts of the City of Ter ecuh Date: October 10, 2009 Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Planning 1 'Community Services 1 x 1 Public Traffic Safety ECEIVED OCT 1 3 2009 understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. r't;' CLERKS DEttS October 10, 2009 City Leaders, I recognize the position of Commissioner on the Public/Traffic Safety Commission as one of great importance. It encompasses two very different, but related safety concerns for the City. Traffic and public safety concerns must be addresses in a proactive manner and with considerations to all City stakeholders. The City of Temecula has become a city of traffic efficiency. This was not always the case and it is important that we stay proactive in all traffic matters. Traffic decisions must take into considerations three important types of drivers. The first are our residents. A mother must be able to take her children across town for soccer practice at any time of the day safely and without continuous delays. Our business owners also need an effective traffic system. A business that customers cannot get to is sure to fail. The third type of driver, that may be overlooked, is our visitors. As tourism grows we must consider out -of -town drivers when making traffic decisions. A tourist wants easy access to their designation with safety decisions made in their benefit. Our City has a unique public safety system established. We have four separate and independent entities that provide for our safety. The agencies of Cal Fire, Riverside County Sheriffs, California Highway Patrol and American Medical Response work hard to provide public safety to all of our residents and visitors. These relationships are vital to our City and effective communications must be maintained. It will be these relationships that our City will depend on if a disaster occurs. I feel very qualified to serve on the commission with over twenty years of experience of all areas of public safety. I also have a strong understanding and appreciation of traffic safety and traffic flow. As a longtime resident with many close ties to our City and its residents I would be honored to use my skills and knowledge to maintain and improve our great City. Sincerely, Todd D. Smith N/A Please Cheek One: 1 Planning 1 (Community Services j x 1 Public Traffic Safety Please see attachment. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 or proper consideration, you must` "currentl b e a resident of the of Temecula and a Registered Uoter within the City.1 emits of the Cfy of Temecula 10 -05 -09 P12 :10 IN 1/40: t n ae,ss%e Commission Appointment Application OCT 5 2009 Number of years as a City of Temecula Resident 5v sm Are you a City Registered Voter? YES ECEIVED NAME: HOWARD H. SMITH ADDRESS: DAYTIME PHONE: EMPLOYER NAME: AMERICAN SPECIALTY HEALTH OCCUPATION: SOFTWARE ENGINEER EVENING PHONE: EMPLOYER ADDRESS: 777 FRONT STREET, SAN DIEGO CA 92101 E -MAIL Background /Degrees' MBA GLOBAL BUSINESS 135 INFORMATION SYSTEMS List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): HEALTHCARE INFORMATION TECHNOLOGY STANDARDS PANEL (HITSP) PANEL MEMBER MICROSOFT CERTIFIED PROFESSIONAL (MCP) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific_(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ∎.L Date: 10-02-2009 Please retum to: C erKs Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE S DEPT ATTACHMENT PUBLIC SAFETY COMMISSION APPLICATION APPLICANT HOWARD SMITH DATE: 10/02/2009 I believe I am qualified because of my extensive negotiations skills as a business owner and university professor. I hope to work with committee members to make recommendations to the city council on issues of public safety. As a past president of Temecula Crowne Hill Community Association, I teamed how to work with board members, the city and the diverse citizens of the community_ I wish nothing more than to contribute my time and effort to work with other commissioners on behalf of our diversified community. Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November.24, 2009 SUBJECT: Community Services Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three -year terms on the Community Services Commission through October 10, 2012. BACKGROUND: The terms of Commissioners Tom Edwards and Charolette Fox e on October 10, 2009. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Pro Tem Comerchero and Council Member Washington for review and recommendation. Both Mayor Pro Tem Comerchero and Council Member Washington have recommended the re- appointments of Tom Edwards and Charolette Fox to serve full three year terms through October 10, 2012. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the.applications that were received by the filing deadline.of October 13, 2009. FISCAL IMPACT: None ATTACHMENTS: Six (6) Applications for Appointment Approvals City Attorney Director of Finance City Manager Gfer At art Signature: City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 For proper considerahon,.you mast currently be a resident of•thc 1' `y of Temecula and a Registered Voter within the City Limits nt the G%t of T C &T Please Check One: I 1 Planning I x 1 Community Services 1 1 Public Traffic Safety Educational Background /Degrees: BA, California State University, Hayward, CA see attached Commission Appointment Application F.TEC E Number of years as a City of Temecula Resident 6 Are you a City Registered Voter? Yes NAME: Paul A Crommelin ADDRESS: OCCUPATION: President, The Crommelin Group DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: The Crommelin Group EMPLOYER ADDRESS: 30565 Estero Street, Temecula CA 92592 E-MAIL YE List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): Please see attached T 12 2009 CLERKS DEPT,. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Leisure Services Board, City of Costa Mesa for three years (see attached) Applied for Community Services Commission, Temecula in 2008 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) Please see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: o 2-00 Please retum to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Paul Crommelin (full application and references 'at City Clerk's office) Education Background /Degrees: B.A. Degree, History. California State University Hayward, California List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Leisure Services Board, City of Costa Mesa for 3 years. (Letter from City Manager attached) Past President and 3 -year member of the Leisure Services, Master Plan Committee for Parks Recreation City of Costa Mesa List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc. President and team Captain of our SCGA Men's Golf Club 2002 2003 Assistant to Golf Coach Linfield Middle School, Temecula, CA 2005, 2006 Active and support of Great Oaks High school Water Polo —2007 Strong Volunteer Support of Chaparral High School Water Polo 2008,2009 Lived in the Temecula Valley area for 25 years and have supported local VA, Churches, Sterling Seniors community and several various charities Director on National Board Commission, US Trailer Manufactures— 2006 to December 31, 2008. (TMA Board advises US trailer manufactures and certifies trailers to industry standards and works with State and Federal government for industry standards President of Temecula Valley Golf League 2005 to 2008 (term ending December 31, 2008) (Eight Inland Valley golf club teams playing monthly Ryder Cup format events in competition format) Local teams include SCGA in Murrieta and our two Temecula golf courses: Temecula Creek Inn and Temeku golf clubs State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. My family absolutely loves living in the Temecula community and I feel it is a city with a great past and present and if given the opportunity, I would be ecstatic to be even a small part in giving back to a City that provides so much to its residents. In 2010, I see my time obligations involving my business and most of my current non -profit activities will be greatly reduced. Having been in "sales" for 30- years, I am very comfortable with spontaneous interactions with strangers and enjoy striking up conversations with people throughout the day in stores and on errands. I feel this personality trait would serve me well in talking with residents of Temecula to find out their thoughts on the City Parks' and Services. I would welcome the opportunity to contribute to the community of Temecula. 1 WISHES VoR cHILDREO Charles Pate Founder President CEO 44752 Corte Sanchez Temecula, CA 92592 951 302 -2231 home 951 326 -0618 cell 951 302 -6367 fax ccpateiii@hotmail.com City Council Community Services Commission City of Temecula 43200 Business Park Drive Temecula, CA 92590 September 19, 2008 Dear City Council and Commission: This letter is to offer my support and recommendation of Paul Crommelin to serve as a member of the Temecula Community Service Commission. Paul Crommelin has been very supportive to "Wishes for Children Foundation located here in Temecula, an organization of which I am Founder and President over the past five years. I have known Paul and his family on a personal basis and he has shown himself to be trustworthy, hard working and a man of integrity. Paul is a sound family -man and a person you can count on to "roll his sleeves up" to get a job done. His actions have demonstrated and validated his interest in his Community. Paul approaches each task given to him in a very professional manner with utmost zeal and interest. I can wholehearted recommend Paul to be a productive asset to the Community Service Commission for the City of Temecula, and without doubt you will find him to be a pleasure to work with and one who will bring enthusiasm and energy to the Commission. With any questions that you may have about Paul you may contact me at anytime. Charles Pate Founder President /CEO Wishes for Children® Foundation www.WishesforC_hildren.org lt' November 18, 1986 Dear Paul: Sincerely, Allan L. Roeder, City Manager ALR/ib CITY OF COSTA MESA CALIFORNIA 92628 -1200 P.C. BOX 1200 F ROM THE OFFICE OF THE CITY MANAGER Mr. Paul Crommelin 1701 Golf Course Drive Costa Mesa, CA 92626 On behalf of the City of Costa :Mesa, I would like: to express our appreciation for your contribution of time and talent to the. :Costa Mesa Men's Club Board of Directors, including your year as President, time served on the Board, and gour.service on the Master Plan Committee. As I'm sure" you:. are aware,... the._guality of any. voluntary..: organization is directly related'.to the dedication :of its members, members who. give of their.time .and' are willing to express their...ideas and concerns for the betterment of the group.., Paul, may I again express our appreciation of :your contributions to the betterment of both the club and .our course at the Costa Mesa Golf and Country Club. About Us Boa rds /Com mitte _untembers RegolationsiPubncahonMSafetp Currant Issues/F.✓Q's Upcoming E:ents Members Only 1 Horne Contact TMA Board 2006 2008 Board of Directors Mr. Gary Potter, Chairman General Manager, Custom Division E -Z L er Boat Trailers, Inc. 6413 Highway 126 North P.O. Box 270 Midway, AZ 72651 TeL 870- 481 5138x227 Fax: 870-481 -5146 EmalL gpotter @ezloadeccom Mr- Craig Clawson, Vice Chairman Magic Tilt Trailers Inc. 2161 Lions Club Road Clearwater, FL 33764 Tel: 727- 998 -8456 Fax: 727- 539 -8472 Email: clawsonc @magictilt.corn Mr. Andy Broslus, Director Midwest Industries Highway 59 175 P.O. Box 235 Ida Grove, IA 51445 Tel: 712- 364 -3365 Fax: 712-384 -3361 Erna: abrosius @midwestindustries.com M r- Paul Crommelin, Director Cequent Trailer Products 1050 Indianhead Dr. Mosinee, WI 54555 Tel: 715 -693 -1700 Far 715 -693 -1799 Flrtatl perommelh@cequentgroup.com M r. Bemie Goettker, Director Unique Functional Products 135 Sunshine Lane San Marcos, CA 92069 Tel: 760- 7441610 Fax: 760 -744 -1616 Email: tlgoetrker @ufpnet.com Mr. Rod Harklau, Director Mr. Rod Harklau General Manager Yacht Club Trailers 1419 11 St. N. P.O- Box 569 Humboldt, IA 50548 Tel: 515 332 -1802 Fax: 515- 332 -1833 Email: rod @yachtctubtraters.com M r. Chuck MacKarvich, Director http_// www. trailermanufacturersassociation -org/aboutus/aboutus4.html 9/20/2008 City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Planning I x Metropolitan Water District Landscape Committee: 4/2009 to Present 10 -13 -09 A08:14 IN Commission Appointment Application E CSIED ;For proper con yip n, y must. currently be a resident ol'the Cit of Temecula and a Registered Voter within fhe City Limits of the j A 3 2009 City of Temecula r 7,e. L `vtS gals Community Services I !Public Traffic Safety Please Check One; Number of years as a City of Temecula Resident 9 Are you a City Registered Voter? yes NAME: Juan P. Del Val OCCUPATION: Conservation Program Specialist ADDRESS: DAYTIME PHONE: EMPLOYER NAME: Eastern Municipal Water District EMPLOYER ADDRESS: 2270 Trumble Road Perris CA, 92572 -8300 EVENING PHONE: E -MAIL Background /Degrees: Currently enrolled at Mira Costa College, Certificate of Landscape Management from Mira Costa College, Certificate of Irrigation Technology from Mira Costa College, and Certified Irrigation Auditor from The Irrigation Association. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): I am a member of The Irrigation Association. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) Please see attached sheet, thank you. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: V .4 Date:_ /3 /09 se return to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE.ADVERTISED DEADLINE. Community Service Appointment Application Juan P. Del Val I would like to serve on this commission because I really enjoy living here in Temecula and I feel that the experience I have would benefit the City of Temecula. I currently am employed by Eastern Municipal Water District as a Conservation Program Specialist. My current responsibilities include: Develop and implement water saving programs for residential, commercial, and large landscape customers throughout the district. Assist customers that are over budget to reduce their usage. Measure large landscaped areas to determine accurate square footage. Audit residential customers and recommend water efficient practices. Test water meters for proper calibration in cubic feet. Recommend suitable plant material for Southern California Landscapes. Train conservation assistants' to perform audits. Prior to my work here at Eastern Municipal Water District I was employed by the City of Murrieta as a Maintenance Worker for the Community Service Department. During my three years at the City of Murrieta I learned a lot about dealing with the public during special events and on a daily basis. I also learned what a properly maintained park needs to have to be safe for public use, and what hazards could be potential liabilities. I feel the experience I gained with the City of Murrieta would be beneficial for this position. My responsibilities included: Inspect assigned parks on a daily basis for items not meeting city standards. Repair, replace or secure areas not meeting city standards. Inspect new parks and create plant list for replacement. Remove graffiti as needed. Remove trees from city streets or public right aways as needed. Evaluate landscaped areas and make written recommendations for replacement or improvements. I have a certificate for Landscape Management, and a certificate for Irrigation Technology from Mira Costa College. I am a Certified Irrigation Auditor. 1 also have taken several courses at Mira Costa College and I am close to receiving an Associate's Degree. I am constantly trying to better myself and I am committed to achieving my goals. I feel my work experience, as well as my strong desire to learn and serve the public well, make me the ideal candidate for this commission. Please Check One: service: ity o T emecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application tit For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Planning ✓Community Services Public Traffic Safety Number of years as a City of Temecula Resident .1-- Are you a City Registered Voter? y �S NAME: ADDRESS: Mis- i iv0S OCCUPATION: .5if�ES ./N DAYTIME PHONE: EVENING ? EMPLOYER NAME: OPIT zZ /J i' E- ,,, / List any City or County Board, Committee or Commission on which you have served and the year(s) of List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/Or references are encouraged.) I understand that any or all Information on this form may be verified. I consent to the release.of this information for public information purposes. Signahi Date: PLEASE BE AWARE OF THE ADVERTISED DEADLINE 0`13`Z Please retum to: City Clerk's Office, 432< usiness Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9 3, Temecula, CA 92589 -9033 Thomas W Edwards background /Degrees Western State University College of Law: Juris Doctor, Law Weber State University: Bachelor of Arts, Electronics Engineering Associate of Arts, Photography Certifications Member, ISA Certified Sound Provider, Temecula CRC Certified Sound Provider, Temecula Community Theater (volunteer) City of Temecula Boards, Committees or Commissions "First Dude;', City of Temecula 2009 City of Temecula Community Services Commission (1996 present) Temecula Community Services Commission, Chairman 1999, 2001, 2006 Yes On C Campaign Steering Committee Neighborhood Captain Old Town Temecula Restoration Steering Committee "I Helped Make Old Town Temecula Great" campaign promotion Cultural Arts Master Plan Principal Architect while President of the Arts Council of the Temecula Valley. Facilitator Bicycle/Trails Master Plan Steering Committee /Design Review Committee Temecula Sports League Commission Liaison (3 terms) Temecula Children's Museum Steering Committee Friends of the Temecula Children's Museum Booster (major) Library Feasibility Committee/Steering Committee Design Committee Duck Pond Restoration /Renovation Steering Committee Temecula Veteran's Memorial- Steering Committee Sports Park #3 Steering Committee Feasibility, Design Review, Steering Committee Artificial Turf Review Sub- Committee Traveled to San Diego to review venues utilizing artificial turf. Dog Park #1 #2) Committee Old Town Community Theater Steering Committee Drawing from my expertise as an electronics /computer /automation engineer and sound lighting specialist, I made recommendations regarding sound, lighting, size, configuration, and amenities. Asa volunteer, I participate as sound engineer, stagehand, and backstage support person. Old Town Temecula Street Painting Festival- Steering Committee Temecula Halloween Spooktacular Judge (1996 present) Temecula Holiday Lights Festive Sights Judge (1996 present) Ongoing Community Services Commission projects sub committees (1996 present) Youth Master Plan Steering committee Special Needs Youth Steering committee List any organizations to which you belong Rancho Community Church Member, Volunteer Sound Media Technician Arts Council of the Temecula Valley Patron Arts Council of the Temecula Valley President (four times) Temecula Valley Republican Women's Federated Honorary Sound Technician Musicians Workshop Major Sponsor Shakespeare in the Vines Director, Sound Temecula Showcase Producer Director, Sound Assistance League of the Temecula Valley PALS PEO B.I.L. List why you wish to serve on this commission, and why you believe you are qualified for the position My love for my children and my desire to help establish more and better parks prompted me to apply for this commission while Temecula was a young city. Now, Temecula is a rock -solid community with outstanding parks, a safe environment, and a strong economic future. We must continue to think outside the box to keep up with the changing needs of our community and our residents. Our focus is changing from building the infrastructure to a focus on quality of life issues. My profession as an Industrial Automation Engineer takes me to countries and cities throughout the world where I have the opportunity to seek out, visit, and experience parks, theaters, trails, art and cultural amenities. Because of my travels and worldwide associations, I am able to bring back new ideas, some of which have been implemented here in Temecula. It has been very rewarding to work with my fellow commissioners, city staff, and residents to explore, discuss, and recommend wonderful amenities for our city, and to see those "ideas" come to fruition as a library, theater, sports park, cultural arts master plan, and youth master plan. I have been honored to play a small roll in shaping Temecula's future, and hope that my record of service provides an acceptable example of my qualifications. I wish to continue to serve on the Temecula Community Services Commission to bring new ideas, and to help ensure that our children will have a safe and beautiful place to raise their children. Please Check One: City of Temecula 43200 Business Park Drive 'Temecula, CA 92590 www.cityoftemecula.org (951)694 -6444 See attached I 1 Planning 1 x 'Community Services 1 1 Public Traffic Safety Commission Appointment Application Number of years as a City of Temecula Resident 12+ Are you a City Registered Voter? YES NAME: Charolette Fox ADDRESS: OCCUPATION: RETIRED DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: E -MAIL Background /Degrees: college'educated but no degree;, wife, mother of four; former business owner; 45+ years of community work in leadership roles at local, regional and state levels List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): See attached State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) I remain committed to quality-of -life projects and ideas that embrace a diverse, sustainable, family oriented community. I keep current with AB 1234 ethics training, the Brown Act, and Fonn 700 filings required by the California FPPC. I understand that any or all information on thls form may be verified. I consent to the release of this information for public information purposes. PLEASE BE AWARE OF THE ADVERTISED DEADLINE Date: 97 f 6/ -o Please.retum to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to. P.O. Box 9033, Temecula; C4 92589 -9033 RECEIVED SEP 21 2099 ilTY CLERKS DEPT VOLUNTEER SERVICE Public Board, Committee and Commission Service: 1) Member, Court- Community Planning Committee, Superior Court of Riverside County January 2007 to Present 2) Commissioner, Temecula Community Services Commission, City of Temecula October 2003 to Present Sustainability Committee 2009 Commission Chair, 2007 Commission Vice Chair, 2006 3) Commissioner, Riverside County Historical Commission, Riverside County October 2003 to Present Liaison to the Riverside County Archives Commission, 2009 Commission Chair, 2006 and 2007 Awards Committee Chair, 2006 to present Annual Symposium Committee Chair, 2004 and 2005 4) Board Director, Elsinore Murrieta -Anza Resource Conservation District, State of Califomia February 2005 to January 2009 Secretary, 2006, 2007and 2008 President, 2005 Nonprofit Service: 1) Director of Natural Resources, League of Women Voters of Califomia 2005 to present 2) President, League of Women Voters of Southwest Riverside County 2002 to 2007 3) Director, Water Education Foundation —2005 to present Membership in the following organizations: 1) California Women Lead 2) WateReuse, Inland Empire Chapter 3) Local Government Commission 4) CORO of Southem Califomia (1985 alum) 5) Master Gardeners of Riverside County 6) Master Composters of Riverside County Other relationships and activities: 1) Legislation Committee, League of Women Voters. of Califomia 2) Legislation Committee, Green Califomia, a statewide environmental collaboration 3) Legislation Committee, Interagency Group, a collaboration of Riverside County public, nonprofit, local government and special district representatives concerned about water For -Profit corporate directorships, positions and employment NONE Contracts, business activities, and investments with or in the following organizations: NONE Special Recognitions: 2008 Woman of the Year, Supervisor Jeff Stone and the Riverside County Board of Supervisors 2003 Woman of Merit, North County Times Nominee for 2010 -2012 National Board of League of Women Voters FPPC Form 700 Current AB1234 Ethics Training Current Ralph M. Brown Act update October 2007 Charolette Fox 32800 Hupa Drive, Temecula, CA 92592 951- 302 -0180 (9/09) Biography Charolette Fox Charolette Fox has lived in Southwest Riverside County more than 12 years. Her civic activities include appointments to the Temecula Community Services Commission, the Riverside County Historical Commission, and she is liaison to the Riverside County Archives Commission. She serves on a water advisory team for Eastern Municipal Water District, participates in an inter- agency water legislation team for western Riverside County, and served a 3+ year term as a board director on the Elsinore Murrieta -Anza Resource Conservation Distict. She is a member of the Riverside County Court- Community Committee, a select group under the auspices of the Riverside County Superior Court concerned about juvenile justice, selection and appointment of judges, judicial independence, and the security of courts, jurors, defendants and plaintiffs. Since 2002, she has served on the board of the Water Education Foundation, a nonprofit organization that researches, writes and publishes educational materials for teachers, water agencies, urban planners, and the public. The Water Education Foundation conducts public seminars, tours, publications and develops award winning PBS television videos. As a member of League of Women Voters for more than 45 years, Charolette is in her third term as the Natural Resources Director for the League of Women Voters of California. Her responsibilities include public education on environmental issues, being actively engaged in environmental legislation, and coordinating and collaborating the work of the League with other nonprofit or state agencies. Until recently she was the League's Riverside County Coordinator for Smart Voter, a nonpartisan election website, and also served on the Election Observer Panel (EOP) for the Riverside County Registrar's Office. Charolette is the Immediate Past President of League of Women Voters of Southwest Riverside County. Charolette is a member of California Elected Women, and a graduate and member of CORO of Southern California. She attended San Diego State University, majoring in Art and Business. A mother and grandmother, her hobbies and interests include gardening, history, community nonprofit work, and teaching her nine- year -old granddaughter to cook. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 or proper con! ideration you must currently he a resident ni the of Temecula and a Registered C'oter within the City Lunitsrof tlie• amity of Temecula Please Check One; (Planning x Community Services I I Public Traffic Safety Number of years as a City of Temecula Resident Yes Are you a City Registered Voter? Yes RECEIVED Commission Appointm i Application CITY CLE NAME: James E. McCann Jr. OCCUPATION: Air Traffic Controller ADDRESS: DAYTIME PHONE: EVENING PHONE. Same EMPLOYER NAME: Federal Aviation Administration EMPLOYER ADDRESS: 9175 Kearny Villa Rd, San Diego, CA 92126 E -MAIL Background /Degrees: High School Diploma, Pilot(recreational), Hockey Official, Air traffic Instructor, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Southern California Airspace Users Group (1994 1996) List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): National Air Traffic Controllers Association, Temecula Valley Inline Hockey Association, USA Inline Hockey Officials Association, Temecula Middle School Site Council(2006 -2007) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) See attached: 1 understand that any or all information on this form may be verified. l consent to the release of this information for public information purposes. Signature: PIe e retum to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Date: t.�lczlisg 3 2009 KS DEPT; Commission Appointment Application for Community Services, 2009 I wish to serve on this commission to give back services to my community. I have held positions or responsibility in the non profit (PresidentNice TVIHA) as well as in the technical aspects of my career as an Air Traffic Controller (NATCA). I hope to offer ideas that will guide this city in a positive direction for functions that our children and tax payers of the valley will be able to enjoy, as well as offer ideas that will help guide our community services department in the proper direction for future generations. I believe that our city can do more for our families and school districts so that they do not have to commute to other cities for their school functions and recreational needs. We should and will do everything within our means to support the organizations, schools, and taxpayers of the valley. Sincerely, Jim McCann Please Cheek One: City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoflemecula.org (951) 694 -6444 tro et' consideratibif you must currently be a residento(rbe= Te aRegisteredIV.oteriwrth the Ct{Ly units of t l s rC�tty of T emecula xr Ir 1 I Planning I x I Number of years as a City of Temecula Resident 17 Educational Background /Degrees: Thermodynamics Sign Committee Commission Appointment Application Community Services REQoEMED OCT 13 2009 c tt Y cLEttKS ®'E Public Traffic Safety Are you a City Registered Voter? yes NAME: Dale F. Qualm ADDRESS: DAYTIME PHONE: ( EMPLOYER NAME: Minuteman press OCCUPATION: owner EMPLOYER ADDRESS: 27452 Jefferson ave. Temecula,Ca.92590 EVENING PHONE: ( E -MAIL any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non profit organizations, service clubs, etc.): Y. M .C.A.,Church,Chamber,V.H.H.O.A. Treasurer,Kiwanis State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) Have been involved with football, basketball, soccer,softball,baseball,Easter egg hunt and many other community events,I currently have no children or grand children involved in the city there for I would not have any conflict of interest. I understand that any or all information on this form may be verified. I consent to the release of this information for pub l purposes. Signature: Date: lo g o Please ret rn to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Item No. 24 S ±HOdaN 1VINSW±HVdR4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Shawn D. Nelson, City Manager DATE: November 24, 2009 SUBJECT: City Council Travel /Conference Report October 2009 PREPARED BY: RECOMMENDATION: Receive and file Attachment: Meeting Agenda Sue, Steffen, Executive Assistant Approvals City Attorney Director of Finance City Manager At Ost On October 28, 2009 Council Member Ron Roberts traveled to Boston to attend the Rail Volution Conference. Expenses will be reimbursed by the Riverside County Transportation Commission. THURSDAY OCTOBER 29 8:00 ant 8:00 am -6:00 pm 9:00 am 9:00 am -5:00 pm 12:30 pm 12:30 pm -6:00 pm 1:00 pm 1:00 pm -6:00 pm 1:00 pm -5 :00 pm 1:00 pm -6:00 pm 6:00 pm FRIDAY OCTOBEIF3O 7 :13 am 7 :15. -1I :30 am 8 :00 am.. 8:00 am -I:00 pm 8:00 am -3:00 pm 8:00 erb =J2:00 p 8:00 a)n -11:00 ant 9:00an 9;00 am -4 :00 pnr 12:00 noon -1:30 pm 1 4Op 0 4k L30 pm -5 :00 pm 2:00 -5t00 poi 2 :00 pm'= 3 :30pni 630 pm -8:00 pm CONFERENCE AT A GLANCE Chanette #I Saco, Maine and Biddeford, Maine Chanette #2 IFK/ UMass Station, South Boston Mobile Workshop #1 The Old Mill City of Lowell Mobile Workshops #2 Magic Express #3 A Tale of Two TODs #4 Bikes and the MBTA Advocates Reception RAIL VOLUTION Mobile Workshop #5 Fairmount Condor Mobile Workshops #7 The City of Champions TOD Tour #8 Merrimack ValleyTOD: Haverhill and•Lawrence Symposium: New Starts Mobile Workshop #6 High -Speed Rail and Providence, Rhoee Island Plenary Session Mobile Workshop #10 Three MBTA Stations, Three Boston TODs Rail- Noluticitf101 Concurrent Workshops Welcome lleception SATURDAY, OCTOBER 31 7:00 am -8:00 am 8:00 am -9:30 am 9:30 ant 9:30 am -12:00 noon 9:30 am -I:00 pm 10:00 am -11:30 am 12:00 noon -1:30 pm 1:30 pm 1:30 pm -5:30 pm 1:30 pm -3:00 pm 3:30 pm -5:30 pin 3:30 pm -5:00 pm 5:00 pm -6:30 pm SUNDAY NOVEMBER 1 7:00 am -8:00 am 8:00 am 8:00 am -12:00 noon 8:00 am -9:30 km 9:00 am 9:00 am -12:00 noon 9:00 am -12:00 noon 10:00 am -11:30 am 12 :00 noon -1:30 pm NAPTA Event Plenary Session Mobile Workshop #II Brookline -the Quintessential Streetcar Suburb #I2 TOD and Sports Concurrent Workshops Lunchtime Opportunities Mobile Workshop #13 South Boston Waterfront Concurrent Workshops TOD Marketplace Concurrent Workshops Trade Show Reception Community Streetcar Coalition Gathering Mobile Workshop #14 The Southwest Corridor Concurrent Workshops Mobile Workshop #15 Emerald Necklace #16 Rose Kennedy Greenway Concurrent Workshops Plenary Session [11 Item No. 25 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works DATE: November 24, 2009 SUBJECT: Public Works Department Monthly Report Approvals City Attorney Director of Finance City Manager Oct sier' RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of October, 2009. PROJECT NO IT PRIORITY PROJECT NAME, DESCRIPTION, IP 'CONTRACTOR CONTRACT $'s T. ENGINEER', PROJECT TIME COMPLETE m (Est: comp./ bid date)• o CONTRACT- PAID y. CURRENT-STATUE 4 PROGRESS P ROJECTS UNDER GONSTRUCTI a r'�J +b v d. PW03 01 I Roripaugh Ranch Fire Station Contractor: Tovey Shultz Construction, Inc. Contract Amount: $3,298,000 Approved Change Orders: $212.768.24 Account No. 210 -165 -741 David McBride 97% (9/10) 93% The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking estimated start in March of 2010. A fire engine /truck venting system (requested /added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. PWO6.03 I City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) Rough Grading Contractor: Skanska Final Contract Cost $5,948,799.71 David McBride Complete p t00% This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including h droseedin was com leted in December of 2008. A notice of com letion was a hydroseeding, completed completion approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. PWO6 07 (1C 1E) I Old Town Infrastructure Project -Town Square and Mercedes Main Street Contractor: LH Engineering Contract Amt: $3,458,495.00 Approved Change Order(s) 265,133 Account Nos.: 210 165 -636 210 165 -643 David McBride 99 %(12/09) 97% This project involves construction of the Town Square and street improvements on Mercedes Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work near completion in the Town Square and the Fountain is fully functional. Various specialty P q Y P Y items and added work may extend the completion date through December 2009. PW99.11 (Ph 11) I Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits Pechanga Rd. Contractor: All American As Contract Amount: $8,131,964.98 Account No. 210 -165- 668 -58XX Mayra De La Torre/ Amer Attar 99% 95 This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has essentially completed the improvements including the "dual right turn lanes" work. The remaining work includes punch list items. The project is an Y complete, as of Au 9 Substtial/ August 2009. PWO6 07 (1D) Old Town Infrastructure Projects Parking Structure Office /Retail Frontage contractor: PCL Construction Contract Amount $15,797,010.00 Approved Change Orders: ($191,347) Account No. 210- 165 -644 David McBride BIII McAteer 80 (1/22/10) 80 This project includes the site grading and retaining walls for the Civic Center the Parking Structure site as well as construction of a parking structure, including office frontage shell space. Construction of elevated slabs is complete. B occupancy structure erection and interior parking structure improvements are ongoing as well as construction of the exterior facade. PWO5.13 I Ronald Reagan Sports Park Channel Silt Removal Desiltation Pond Contractor: Sean Malek Engineering Contract Amount: $315,510 Account No. 210- 190- 187 -SBXX William eecerral Avun Otiviar 0% 0% This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of q P 9 FEMA reimbursement funding. f CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 1 OF 11 11/5/2009 PROJECT NO PRIORITY NAME, DESCRIPTION' "r CONTRACTOR &CONTRACT •.bl PROJECT ENGINEER. ..o/ TIME COMPLETE Est.,com J date) CONTRACT Dm CURRENT"STATUS 8. PROGRESS PWO6.07 Ph2 Old Town Civic Center Contractor: Edge Development Contract Amount: $31,555,500 Approved Change Orders: $88,093 Account No. 210 165 751 58XX Bill McAteer/ David McBride 38°/. (9/24/10) 30 This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on structural steel erection, metal decks, steel stud framing, and mechanical, electrical and plumbing installation. PWO6 -05 III Temecula Community Center Expansion Contractor: Erickson Hall Construction Company Contract Amount: 51,184,000.00 Account No. 210 97 William Becerral David McBride 100% 88% Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior punchlist is pending. The Escallier house and barn have been fumigated for termites. Dry rot termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits are required; the consultant agreement amendment to perform this additional work is going to City Council on 11/10/09. Resubmittal is expected in 1 month. PWO6 -O6 I Redhawk Park Improvements Consultant: RJM Design Group, Inc. Contract Amount: 5164,574 Account No. 210 190 144 58XX Kendra Hannah Meistrell Avlin Odviar This project will add amenities, which include ADA accessible parking, a restroom and permanent dog park at Redhawk Community Park. Additive items include a half court basketball court at Redhawk Park and a seatwall at Sunset Park. The project was advertised and bids opened on 10/13/09. At their 10/27/09 meeting, the Community Services District Board awarded the contract to IAC Engineering. The award amount was $787,094.92. PWO6.10 I De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) Contractor: Hardy Harper, Inc. Contract Amount: $1,161,000 Approved Change Orders (1 3). $34,877.01 Account No. 210 165 656 58XX Jan Salazar/ Amer Attar 124% 83 /o This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09. Cap paving work was completed on 9/11/09; AC berm installation and striping work was completed the week of 9/14/09. Cap paving of the north side roadway was completed on 10/23/09; the first coat of final striping was done on 10/27/09. PW06.14 Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) STPL Project Contractor: All American Asphalt Contract Amt: $3,666,004.25 Account No. 210 165 657 Kendra Hannah Meistrell Avlin Odviar 70% (12/09) 9% This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. Construction began on June 3, 2009 and is anticipated to be completed by the end of December 2009. The contractor is working between Margarita Road and Meadows Parkway. Work in this area is expected to be completed by the end of November. PW07 -09 I Traffic Signal Installation Citywide, Butterfield Stage Rd at Welton Way Channel St Contractor: Christopher R. Morales, Inc. Contract Amount: $323,893.00 Account No. 210- 165- 669 -58XX Kendra Hannah Meistrell Avlin Odviar 100% (9/09) 50% This project installed a new traffic signal on Butterfield Stage Road at Welton Way Channel Street. The signal has been turned on and work is complete. The City Council accepted this project at their 10/13/09 meeting and the Notice of Completion has been filed. PW07 -10 I Traffic Signal Installation Citywide, Meadows Pkwy at McCabe Dr Contractor: Christopher R Morales, Inc. Contract Amount: $323,983.00 Account No. 210- 165- 672 -58XX Kendra Hannah Meistrell AvIin Odviar 100% (9/09) 50% This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The signal has been turned on and work is complete. The City Council accepted this project at their 10/13/09 meeting and the Notice of Completion has been filed. PW 09-01 I Citywide Slurry Seal Project FY08 09 Contractor: Pavement Coating Company Contract Amount: 5323,817.17 Account No. 001-164-601-54XX Chris White Mayra De La Torre 100% (8/09) 100% This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This project is complete. The City Council is scheduled to accept this project at their 11/10/09 meeting, at which time the Notice of Completion will be filed. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 2 OF 11 11/5/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION;, CONTRACTOR CONTRACT $'s PROJECT ENGINEER., %-TIME COMPLETE (Est. comp./ bid date). o CONTRACT -p• CURRENT STATUS& PROGRESS PW09 -03 I Citywide Concrete Repairs FY 2008 09 Contractor: 13 T works, Inc. Contract amount of $113,915.55 Account No, 001 164 601 54xx Chris White/Mayra De La Torre 100% (9/09) 100% This project will replace concrete at various locations in the City. The project is complete. The City Council is scheduled to accept this project at their 11/10/09 meeting, at which time the Notice of Completion will be filed. PW04 -05 I Traffic Signal Interconnect Equipment Installation Contractor: High Light Electric, Inc. Contract Amount: $211,878.00 Account No. 210 165 712 58xx Chris White Mayra De La Torre 0% 0% This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Pre Con meeting was October 8, 2009. Waiting on contractor to get Traffic Control Plans approved prior to issuing a Notice to Proceed. Rtkx "aR.,.Ya 4' .I.'C 0 4 'v.tal. x. x,±4,,5 �N*. Sr4 a;544 PROJECTS BEINGADVERT1SEDsFOR '*rs x... ^a?s,°,'45. &�,a mod%:..:` 3e*va°.d�'i.'.%'c^c &'9 ra ..e a.:.,�� �w cd�� rte. f a '�"'.`2a M 'g et �``3R�'§in ...s:�� ?".,.�c+i�`; r ;r x. 3 4 <..'.�s:xr`c z, ✓w "s 5 PW06 15 I Winchester Road State Route 79 North North Corridor Beautification Consultant: RBF Agreement Amount 179,916.00 Approved EWA's: 6,000 Account Na 210- 165 -638 Chris White/ Amer Attar 99% 99% This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City received construction authorization from Caltrans. The City Council approved the plans and specifications at the 10/27/09 meeting. The project is being advertised for bids. Bid opening is scheduled for 11/30/09. S R P -er 4 '1'�}`'°t a2a- ':A,,a^§T s S Y PROJECTS BE /N,G,DE BxY "$'L 1 CONSULTA NT k =..n K`"t, t "lie 2., gr,:v.W-Y Ait c ='G Z. V Y d s.1 PW07 -08 Re Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 15 Consultant: JMD Amount: $29,210.00 Account No. 210- 165 676 -58XX Kendra Hannah Avlin Odv dviar 60 (07/09) 50% This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. pW99- 11EM Pechanga Parkway Storm Drain Improvements Environmental Mitigation Consultants: Community Works Design Contract Consultants: Co $2s,eao Account No. 210 165 668 58XX Ma ra Da La Torre 98% 98% This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements -Stage 1. The wetlands will be created through construction of new landscape /irrigation systems. The site is located along the north bank of Temecula Creek (within flood- plain /way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. Offers for purchase of the properties were made and City Council adopted a Resolution of Necessity to acquire the property on 11/25/08. The proposed improvements can't be implemented until the City obtains possession of the properties. The California Department of Fish Game will have to sign off on this acquisition since they have jurisdiction over land the City will use for access. PW00.26 I Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd Consultant: Project Design Consultants Contract Amount $466,940 Account No. 210- 165- 602 -58XX Chris white I Mayra De La Torre 90% 90% The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. The 95% plans were returned to the consultant on September 29, 2009. 100% completion plans are due on November 5, 2009. p p p CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 3 OF 11 11/5/2009 PROJECT NO P PRIORITY a-r :PROJECT: NAME, DESCRIPTION •i CONTRACTOR 8 CONTRACT s ..r PROJECT ENGINEER. %TIME COMPLETE (Est: comp 'bid date) CONTRA ..'PAID 7 ,CURRENT STATUS &PROGRESS. PW03.05 I Main Street Bridge Over Murrieta Creek (Replacement) Consultant: Simon Wong Engineering Contract amount: $317,719 Amendment No. 1: Contract term extension Amendment No 2: Contract term extension Amendment No. 3: $322,305 Amendment No. 4: $24,063 (RCWD waterline) Account No. 210 165 743 58XX Jon Salazar/ A Attar 97% (8109) 93% (Phases 1 II) 97% (Phase 3) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. The draft 100% PS &E package was received from the design consultant on 2/17/09, and staff review is complete. Comments on draft 100% plans resubmitted to design consultant 8/31/09. An inter agency meeting was held on 9/16/09 to determine mitigation requirements for this project. The outcome of this meeting was that the City will be required to mitigate for temporary vegetation loss incurred during construction; all other mitigation will be included in the USACOE overall Murrieta Creek Flood control project. The environmental submittal /review process will now move forward accordingly. Development of a mitigation plan for the temporary impacts is not part of the design consultant's original scope, and a change order will be required; proposal is forthcoming. PWO5-11 I Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek Consultant: Nolte Associates Contract Amount: $132,807 Account No. 210 165 738 58XX Jon Salazar/ A mer Attar 99% (9/09) 78% This project includes the construction of an approx. 150' ped /bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on 5 1 3109. Staff comments on draft 100% plans were returned to consultant on 5/27/09. P Comments on environmental technical reports received from Caltrans in June, and have been addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans took place on 10/21/09. PW06 -04 Western Bypass Bridge Over Murrieta Creek Consultant: TYLIN International Contract Amt: $378,776.20 Amendment 2 Amt: $244,824.80 Account No. 210 165 660 58XX William Becerra/ Avlin Odvlar 70% 70% This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. PW06.09 Temecula Park and Ride (79 South) Design Development AAE, Inc. Contract amount $109,085 Amendment #1 $20,500 Account No. 210- 165- 747 -5BXX Amer Attar 75% 75% This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings were returned to AAE for revision and resubmittal. PW06 -11 I Pechanga Pkwy Dual Right Turn Lanes from Temecula Parkway (SR 795) Consultant: Cozad &Fox Contract Amount: $29,010 Account No. 210- 165- 637 -58XX Mayra De La Torre 100% 01/4 This project included the design and construction of 2 right -tum lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed this work, as a change order to their contract. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 4 OF 11 11/5/2009 PROJECT NO' PRIORITY c- PROJECT NAME DESCRIPTION, 'c CONTRACTOR C ONTRACT.$ S PROJECT .ENGINEER %TIME COMPLETE (Est: comp. .:bid date) o ff CONTRACT r PAID CURRENT ENT STATUS PROGRESS PWO6.12 1 Santiago Detention Basin Consultant: Kimley Horn Contract Amount: 565,250 Account No. 210 165 666 58XX Mayra De La Torre 95% 95% This project included the design and construction of a 1 -acre detention basin, which is located on the south side of Santiago Rd between Vallejo Ave Orsmby Rd. The environmental reports have been updated and the plans are complete /signed. This project has been de- funded in the new CIP budget and will be shelved. PWO7.04 I French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements Phase 1 (PS &E) Consultant: Moffatt Nichol Amend. No. 1: 507,881.00 Amend. No. 4: 632,058.00 Amend. No. 8: $1,087,300.00 Notes: Amend. Nos. 1, 4, 8 amend original agreement under PWO2 Amendment amounts represent portion appropriated for PW07 04. William Becerr Avlin Odviar/ Amer Attar 60% (05/10) 61% A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design work. Status is as follows: PS &E City is preparing 95% Plans, Specifications, and Estimate Right of Way Establishing limits of dedication. Declaration of Units Caltrans Approved Metric Exception for this phase. Utilities Pothole of existing utilities within APE are complete. Conceptual Landscape /Aesthetics Concept was selected, with Murrieta, Caltrans. and IBC concurrence. Selection was incorporated into Draft Structures PS &E submittal. Other: Maintenance Agreement City preparing exhibit for first draft. PW07 05CSD II Old Town Gymnasium Consultant: WLC Architects Contract Amount $307,390.00 Account No. 210 Bill McAteer/ David McBride 10° (12/09) 5% This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The Land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. PWOB -04 II Santa Gertrudis Creek Pedestrian /Bicycle Trail Extension and Interconnect Alignment Study, Design Environmental Clearance Consultant: Hall Foreman, Inc. Contract Amount: $246,865.00 Account No. 210 165 739 58XX Kendra Hannah Meistrell I Avlin Odviar 30% (12109) 25% The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Diaz Road. The City Council approved an agreement with Hall Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been 9 9 9 y completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is preparing 70% plans, specifications and estimate. PWOS -06 II Nicolas Valley Assessment District (Liefer Road) Consultant: David Evans Associates (DEA) Contract Amount: 5120,900.00 Account No. 210 155 502 Kendra Hannah• Meistrell AA Odviar I mr Attar Amer 60% (10/09) 60% This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement for the street improvement design with David Evans and Associates at the 10/28/08 City C ouncil Meeting. The kick off meeting for the design of the street im rovements was held 9� 9 9 P on 12/17/08. Consultant is preparing 90% plans and estimate. PWO9 -02 I Roripaugh Ranch Street Improvements Phase I Construction of Butterfield Stage Road Consultant: David Evans Associates (DEA) Contract Amount: Account No. 210 165 723 58XX Mayra De La Torre/ Amer Attar 0% o% Phase I includes the design construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC /So Loop Rd and making the Fire Station functional. Currently, liens and settlements have been resolved. An agreement with David Evans and Associates to complete the desi n is scheduled to go to Council on 11/10/09 for 9 9 approval. Staff is working on the Bid Package. The developer will start to work on the R/W acquisition and perform their MOU obligations. The City will enter into additional agreements with other consultants, if needed, to complete the design. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 5 OF 11 11/5/2009 PROJECT NO'. PRIORITY r PR NAME, DESCRIPTION s CONTRACTOR 8 CONTRACT ''z" PROJECT ENGINEER /a TIME COMPLETE (Est:, cony./ a CONTRACTS: .'.p'AID CURRENT STATUS PROGRESS a. a R0.I .�n't.'scr., R b s ,:t xF a a. 9 BEIN DESIGNED B Y, S TAFF S!: Gx+ n'+ :W��I+�arcY:Se `z'�.«,&'xcw [aC�&a: L� �Y.t+'.:, ✓x 1�'+$ati a s ,b a ,^k x.,%£� 9'»:� PW04.07 I Long Canyon Detention Basin Access Road 7977777771 O% N/A Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. PW 09 06 1 Citywide Slurry Seal Project FY 2009 2010 Slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Chris white /Mayra De La Torre 0% o% This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Proposition 1B funds will be used to fund this project. The project received authorization to solicit construction bids at the September 22, 2009 City Council Meeting. Project bidding is on -hold until January, 2010 due to weather. 4 PROJECTS w A r >r, Yf e t N 7HEaPL NN! tY w X x v- y a -X 9 �L� P- "'rxJU? l.- it4 3 d` PW04.08 1 1 15 SR 795 Ultimate Interchange Project Report (PR) Consultant; RBF Consulting Contract Amount 325,944.00 Amendment No. 1: 98,198.00 Extra Work Auth. No. 1: 13,426.00 Extra Work Auth. No 2: 17,732.00 (Extra Work Auth. No. 3: 18,428.00) (Extra Work Auth. No. 4: 5,032.00) (Extra Work Auth. No. 5: 21,240.00) Note: EWA No. 3, 4, and 5 will be paid with unused portion of Amend No. 1. Avila Odviarl Amer Attar 95% (10 /09) 95% This project will modify the 1 -15/ SR 79 South Interchange to accommodate projected future traffic. Project Report Approved Oct 2009. Supplemental Fact Sheet Approved Sep 2009. Modified Access Re p P Y. pproved Jul Report FHWA Determination of Acceptability, tabilit approved July 2007. Final approval in process. Geometric Approval Drawings Approved Sep 2009. Final Environmental Document Approved June 2009. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 6 OF 11 11/512009 PROJECT 'NO PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR B CONTRACT $'s PROJECT' ENGINEER A TIME COMPLETE (Est, comp,/ •bid date) CONTRACT PAID CURRENT STATUS PROGRESS PW02.11 I French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements (PA ED) Consultant: Moffatt Nichol Agreement Amount: $1,091,693.00 Amend. No. 1: 202,652.40' Amend. No. 2: 21,630.00 CCO No. 1: 25,000.00 CCO No. 2: 8,000.00 CCO No. 3: 18,008.00 CCO No. 4: 11,320.00 CCO No. 5: 37,645.00 Amend. No. 3: 283,982.52 Amend. No. 4: See PW07 -04 Amend. No. 5 169,000.00 Amend. No. 6: 110,917.00 Amend. No. 7: 14,573.36 Amend. No. 8 See PW07 -04 Amend. No. 9 100,000.00 Amend No. 10 414,774.00 Notes: Amend. No. 1 also applies to PW07 -04. See PW07 -04 for add' apportionment. William Becerra/ Avlin Odviar/ Amer Attar 90% (03/10) 80% This project will construct an interchange between Winchester Road Interchange and the I -15/1 -215 split. City continued development of the Project Report and Environmental Document. Status is as follows: Draft Project Report A j p Approved June 2006, Project Report City preparing 1st draft. Draft Environmental Document Approved April 2009. New Connection Report (NCR) Letter of Acceptability received in July 2008. Traffic Operations Analysis Approved 02/05/08. Exception to 20 -yr Traffic Design Approved 12/17/07. Stormwater Data Report City preparing final report. Mandatory Design Exceptions Approved 07/18/06. Advisory Design Exceptions Approved 07/18/06. Exception to Ramp Metering Policy Approved 07/05/06. Geometric Approval Drawings Approved 07 /18/06. Revised Geometric Approval Drawings Approved 01/11/08. Storm Drain Study Approved 03/21/08. Floodplain and Scour Analysis Report Approved Oct 2008. Final Environmental Document City preparing first draft. y P P 9 Other: Declaration of Units Request for Metric Exception denied by Caltrans. Freeway Agreements Execution pending approval of the Project Report. Risk Management Plan Updating as necessary. Project Charter 1st draft is under Caltrans review. Maintenance Agreement Preparing 1st submittal for Caltrans review. Financial Plan Updating as necessary. PW09 07 I Traffic Signal Installation Citywide Meadows Parkway at Pauba Road and Rancho California Road at Yukon Road Kendra Hannah- Meistrell This project will install traffic signals at two intersections; Meadows Parkway at Pauba Road and Rancho Califomia Road at Yukon Road. Proposals were received 09/17/09 in response to RFP 167 for professional engineering services to design and prepare construction plans, specifications, and estimate. The City is negotiating the final terms of an agreement with the selected firm. h ,n :Y:‘: CL. 2 tia SW'ry R S OJECT TING'lIV THE- WINGS g ,V 41L., rn PW08.03 11 Temecula Creek Crossing Access to Highway 79 South (Temecula Parkway) Bridge Alignment Study Avenida de Missions over Temecula Creek Consultant: Nolte Associates, Inc, Contract Amount: $87,923.00 Account No. 210 -165- 677 -58XX Kendra Hannah- Meistrell/ Avlin Odviar 100% 100% The projec consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is pending allocation of funds for design. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 7 OF 11 11/5/2009 PROJECT NO PRIORITY PROJECT NAME, DESCRIPTION,- CONTRACTOR CONTRACT $'s ..PROJECT ENGINEER %TIME COMPLETE Est. comp./ 'bid date) i CONTD RA($) CT PAI CURRENT STATUS PROGRESS PW04 -13 1 Multi Trails System Margarita Road Under Crossing Consultant: LAN Engineering Contract Amount: $114.428.00 William Becerra 100,' 100% This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. Plans Specs are complete. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. PW06.17 1 Auxiliary Lanes on 1 15 in Temecula Amer Attar A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1 -15 in Temecula to improve the freeway operation. An RFP to conduct the study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding constraints, this project is being delayed indefinitely. RIGHTxOF 'a 1aN 1 WA =Y RELATED =PROJECTS "bi> Im.off' oo 11.641- o∎co+8i k u..s. r franc PW02 -11 1 French Valley Parkway/1 Overcrossing and Interchange, Project Report (PR) William Becerra/ Amer Attar NIA NIA The review appraisal is complete. Caltrans has approved the appraisals. The City Council reviewed this matter in Closed Session on June 9, 2009. Negotiations with two property owners have begun and are on -going CFD 03-02 Butterfield Stage Road Roripaugh CFD Project Description: Right of Way issues associated with the construction of specific improvements (BSR, MHSR, fire station, etc.) Contractor: N /A: Contract: N/A Mayra De La Torre/ Amer Attar Now that liens /settlements have been resolved /reached, the developer will resume to perform their MOU commitments and obtain required RAN. The developer was directed to first focus on the RRN issues related to properties within Ph 1 of the project. The City Attorney has prepared the release form that the developer must have the owners sign releasing him from all obligation. The releases are under staff review. City will also give the developer deadlines to coincide with the project schedule. PW 06 -11 Pechanga Parkway, Dual Right Turn Lanes from Temecula Parkway Amer Attar Purchase Sale Agreement was sent to the property owner. He did not accepted the City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in mid February. The City gained possession of the property as of June 5, 2009. Settlement papers are in the process of being signed. PW 99-11 Pechanga Parkway, Mitigation Land Amer Attar Purchase Sale Agreement was sent to the property owner. He has not accepted the City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting. A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in mid February. The City is working on the legal documents to gain possession of the property. The California Department of Fish Game (DFG) is now involved due to impacts to properties that has Conservation Easements on them. This will require discussions with them to sign off the acquisition documents. The City continues the discussion with DFG. Diaz Road Realignment Sale of Surplus Land Amer Attar Staff met with Outdoor Channel. City Council approved the counter. offer. Purchase and Sale Agreement was prepared by City and it was presented to the buyer. The agreement has been agreed upon by the City and the buyer. A new revised agreement that include the lot line adjustment was drafted. The City Council approved the Purchase and Sale Agreement at the 08 -11 -09 City Council meeting. Escrow was opened for the sale of this property. Property is still in escrow. Documents are being signed. The Lot Line Adjustment and the Certificate of Compliance have been submitted by the consultant. They are being signed by the buyer and the City and will be processed by Planning. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 8 OF 11 11/5/2009 PROJECT NO PRIORITY PROJECT NAME, DE '.CONTRACTOR .8 CONTRACT $s'. PROJECT EN ENGINEER. :TIME COMPLETE (Est- comp 70 CONTRACT p AID CURRENT STATUS 8 PROGRESS Riverside County Flood Control Parcels Old Town Beryl Yaslnosky/ Amer Attar RCFC has acknowledged their approval of the Agreements /Offers for the designated parcels currently. awaiting County signatures. PW00 -26 Murrieta Creek Bridge and Overland Drive Extension Amer Attar To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is in the process of preparing legals /plats. A proposal from an appraiser will be sought once the plats are completed. The appraisal process will start after that. Miscellaneous Right of Way Related Items Amer Attar On going review of Caltrans procedures; other miscellaneous right of way activities PW06.04 I Western Bypass Bridge Over Murrieta Creek Will Becerra/ Beryl Yaslnosky/ Amer Attar City accepted the Offer of Dedication that was not accepted by County on Parcel Map PM 8248, which was recorded on 2/15/1977. Four legals and plats will be prepared by the consultant. Title Reports for the required parcels were ordered. Once legals /plats are received, the City will obtain appraisals. Y S PECIAL"AND-MISCEL'LANEOUS PROJEC r4 r. t+d ^k, 5': c+. r2v '9... �`H.w `:'C.P.� -d t"_ y q^ 4 YWA�n( mfr^ d a* s,r"p d -2 d t ✓i�alti 2 d W .�a "f?$£:a.L 9 ri. -/r h.i'I�r 9k 9i. r.: q, S �'"4 5 -i CFD 03-02 Roripaugh Ranch CFD Anni Bostre Le/ Amer Attar N/A Staff reviewed the submitted Reimbursement Request for the two bridges. Comments were provided to Ashby USA representatives. Meetings were held with the developer seeking these reimbursements to finalize the numbers. The City Attorney was provided the information. All outstanding liens have been paid. Developer is working on meeting his MOU requirements so monies withheld can be released. CFD 01 -02 Harveston CFD Amer Attar N/A No activities during the last period CFD 03 -06 Harveston CFD Amer Attar N/A N/A No activities during the last period. CFD 03-01 Crown Hill CFD Amer Attar N/A N/A During the last period, the developer submitted reimbursement request for the retention. CFD 03 -03 Wolf Creek CFD Amer Attar N/A N/A Standard Pacific continues to obtain the required soundwall waivers. As of 09- 08 -09, 23 waivers have been received by the City. These waivers have been recorded. With respect to properties in foreclosure, Caltrans advised the the developer is to write letters to the banks asking them to sign the waivers and that if developer does not hear from them within a reasonable time, they can assume that the bank does not want the wall. In addition, the developer started raising the walls the week of 07/06/09. Work on raising the walls continues. CFD 02-08 Serena Hills CFD Amer Attar N/A N/A No activities during the last period. Various I Quarterly Review Tracking. preparing, and processing Federal, State and TUMF Funds Reimbursements Julie Dauer On -going N/A Various Projects. Various I Contract Administration Julie Dauer On going NIA On -going review of CIP project contracts, amendments, extra work authorizations change orders and maintaining budget accounts. Providing assistance to staff in processing invoices for all CIP division projects. PW01 -27 I Murrieta Creek Multi Purpose Trail Julie Dauer N/A NIA Project is complete and balance of federal funding to be requested for reimbursement and submitted along with 'Final Report of Expenditures' for project closeout. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 9 OF 11 11/5/2009 PROJECT PRIORITY 'PROJECT.NAME, DESCRIPTION CONTRACTOR&CONTRACT PROJECT :ENGINEER. t TIME COMPLETE (Est. comp:/ i;bid date) /e CONTRACT PAID CURRENT STATUS$ PROGRESS PW06 10 1 Surface Transportation Program (STP) De Portola Road Pavement Rehabilitation Julie Dauer N/A N/A Federal funding reimbursement requests will be submitted to Caltrans as project progresses. $458,990 STP funds PW03 05 Highway Bridge Replacement Rehabilitation Program (HBRR) Main Street Bridge Julie Dauer N/A N/A Total HBRR funds $4,337,970. PW05 -11 SR2S Safe Routes to School Program Ped /Bicycle Bridge over Santa Gertrudis Creek to Chaparral Hig Julie Dauer N/A N/A Awaiting approval of environmental document from Caltrans. SR2S funding has been awarded in the amount of $425,520. In addition to SR2S funding we have been awarded $132,000 in SB821 funding. Various 1 Transportation Uniform Mitigation Fee (TUMF) Julie Dauer NIA N/A TUMF reimbursement requests prepared quarterly for submittal to WRCOG RCTC. PW06 -15 TE Transportation Enhancement Winchester Road /State Route 79 North Corridor Beautification Projec Julie Dauer NIA N/A Received approval of our 'Request for Allocation' through the CTC and have submitted our RFA package to Caltrans for 'Authorization to Proceed with Construction'. Total funds awarded per TE Funding adjustments $1,646,000. PW99 -11 (Phase 10 Pechanga Parkway Phase II Street Improvements Public Land Highways Funded Julie Dauer NIA N/A Project is essentially complete and upon payment of retention to contractor will process 'Final Report of Expenditures' and final invoice for reimbursement toCaltrans. Total PLH funding is 54,000.000. Various Bond Releases Julie Dauer N/A N/A Continued review of CIP project bonds scheduled for release. PWOB -04 2006/07 Bicycle Transportation Account BTA Funds Santa Gertrudis Creek Bicycle Trail Extension and Interconnect Julie Dauer NIA N/A Cooperative Work Agreement (CWA) has been approved by Caltrans, BTA division. The CWA will extend the terms of the original agreement to allow for the continuation of project design. 2006/07 BTA funds approved for the planning preliminary engineering and total award of $395,000. Standardize the format of the Specifications for all projects David McBride On NIA Specifications library is continuously being updated and amended. The boiler -plate section is also being reviewed and updated. Federal Specifications were updated and standardized for De- Portola and Rancho California Road. All specifications were updated to 2009. Federal specifications were updated to new DBE regulations. Circulation Element Implement Plan Amer Attar N/A NIA This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. The tasks of field verification, cost estimates preparation, and aerial mapping have all been completed. The information gathering and the reporting stage of this project is complete. CIP staff will work with GIS to automate the availability and the update of the information. Update Plans to Reflect As Built Conditions for All Recent Projects 7 ?Y7799777 On N/A City receives blue prints from many contractors marked with As -Built conditions for various projects. Some of these As -Built conditions have never been transferred to the project mylars. As -Built plans will be created for all recent projects, if it was not done at the time of submission. Various I Consultant Selection Julie Dauer On going N/A Information is now available on the City's web -site on how to be placed on the consultant (vendor) list and data stored in this manner will be source for future RFP's RFQ's for upcoming projects. PW06 -14 I Pavement Rehabilitation Rancho California Road (STPL) Pavement Rehabilitation of Rancho California Road from Ynez Road to Butterfield Stage Road Julie Dauer N/A NIA Project is currently in construction and preparation of reimbursement invoices will be prepared for submittal to Caltrans as project progresses. STPL of $2,958,000. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 10 OF 11 11/5/2009 PROJECT NO PRIORITY. PROJECTNAME,•DESCRIPTION; CONTRACTOR CONTRACT s- -r. PROJECT' ENGINEER COMPLETE (Est. comp./ bid dat CONTRACT PAID a CURRENT STATUS &'PROGRESS TBD 1 Citywide Traffic Light Synchronization System Purchase, install implement an adaptive traffic signal synchronization System along six corridors within the City. Julie Dauer N/A N/A City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) funding (Prop 1B). Our request for Allocation has been submitted to the California Transportation Commission (CTC) for placement on their agenda for November12, 2009 meeting. State to sell additional bonds to meet allocation requests. CITY OF TEMECULA CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET PAGE 11 OF 11 11/5/2009 TO: Greg Butler, Director of Public Works FROM: Tidwell, Maintenance Supervisor DATE: November 5, 2009 SUBJECT: Monthly Activity Report October, 2009 11. TREES SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired A. Total trees trimmed for sight distance and street sweeping concerns IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under Sidewalks. VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. MEMORANDUM VII. STENCILING A. 359 New and repainted legends B. 0 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 7 Thermal Plastic The following activities were performed by Public Works Department, Street Maintenance Division in -house personnel for the month of October, 2009: 58 36 12 179 111. ASPHALT REPAIRS A. Total square feet of A. C. repairs 10 681 B. Total Tons 72 •127 0 157 V. RIGHT -OF -WAY WEED ABATEMENT A. Total square footage for right -of -way abatement 2 600 79 24.030 R \MAIN 'AIMMOACPRPT Also, City Maintenance staff responded to 58 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 81 service order requests for the month of September. 2009. The Maintenance Crew has also put in 215.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of October 2009 was $36 567.00 compared to $37.953.00 for the month of September. 2009. Account No. 5402 20,417.00 Account No. 5401 16,150.00 Account No. 999 -5402 -0- Electronic Copies: Amer Attar, Principal Engineer Dan York, City Engineer Jerry Gonzalez, Associate Engineer (Capital Improvements) (Traffic Division) &\MMNTAINIMOACTRpr ,r$'2ndd:QUARTER WORK TOTAL COST COST FOR COMPLETED COST FOR. FOR THIS ,;NOV 09 'DEC 09 ;;DEC '09 FISCAL YEAR TOTAL COST FOR LAST FISCAL :YEAR TW Kam' a y� WORK COMPLETED C �-OR COMPLETED SCOPE OF WORK, O CaT P T- Of .NOV '09 ASPHALT AC e y Square Footage: 71 a Tons: a�� $95,580.54 $0.00 $220,978.22 $0.00 SIDEWALK CURB GUTTER REPAIR „a Square Footage: --W----,-- 1 1 1.1 1 PCC Yards: w :v;._ �0 rr $0.00 $0.00 $0.00 $23,765.00 STRIPING LINEAR FEET: z n^ Sw I O $480.69 $131,365.09 IN•HOUSE PAINTING LEGENDS: 'e `c3 �4Wv tl $16,440.00 $28,408.00 SIGNS REPLACED' Material: r 1 Labor: $7,450.00 $3,962.11 $32,500.00 $17,153.50 tea., SIGNS INSTALLED G� Mate rial: 1 11 Labor:.. a, 54,200.00 $2;216.76 54,750,00 $2,506.66 Square Footage: GRAFFITI `r' i= D DRAINAGE CHANNELS CLEANED a-WI s. Basins �v 4r Channels: z Lii D r z Q $32,684.85 $0.00 $109,070.57 5103,237.78 IN -HOUSE TREES TRIMMED: r ne- $10,05439 511,453.26 SERVICE ORDER REQUESTS: AFTER HOURS CALL OUTS: jam; 6 �'8• 519,735.60 5156.40 548,438.36 $2;939.96 R.O.W. WEED ABATEMENT: 60D Q,40� TOTALS �T`� 9'84 5192,961.54 $736,586,40 DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 2009 2010 Date Submitted Submitted By: Prepared By: November 9, 2009 Greg Butler Rodney Tidwell ftMAtNTAIMMOACTRPT +'CONTRACTORS` Asphalt Square Feet Concrete Square Feat Drainage Channels TOTAL COSTS r ;JULY ti 0 0 0 $0.00 f i rl tUGUST 0 0 0 $0.00 S EP, S EMBER iOQ OB, NOVEMBER' ({DECEMBER 0 a'r 240 --c. -Q 0� fi $4 590.00 OIO 1SYHALF TOTALS; 0 240 0 $4,590.00 0 0 $0.00 Y EAR -TO DAT E 0 240 0 $4,590.00 0 0 50.00 CONTRACT STRIPING 0 0 $0.00 0 0 $0 OD 0 Oe b A :I 0 4 $0.00 r x $Q00 Striping Linear Feet Sandblasting Linear Feet TOTAL COSTS TREE CONTRACTORS 0 0 $0.00 3 0 $1 422 00 ,4 Z $'u x, 0` c�aa$ 0- -T} QO $0,00 5 0 31 928.00 5 0 $1 926.00 Trees Trimmed Trees Removed TOTAL COSTS R.O.W. SPRAYING SQ. FT. 175,000 $9,750.00 0 50.00 4 0::� =•O 50.00 yi&15'; 00- 177,600 $25 577.00 177,600 $25 577.00 TOTAL COSTS CITY MAINT NANCE CREW 20 41 211 34 0 407 176 84 5340 33 e 207 87 200 855 49 75 5 661 i \i t 149 84 1,115 401 2,800 2,055 500 298 40,370 149 64 1,115 401 2,800 2,055 500 298 40.370 Signs Replaced Signs Installed Catch Basins Cleaned Trees Trimmed R.O.W. Weed Abatement New Repainted Legends After Hours Call Outs Service Order Requests Graffiti Removal S•Ft 38 6Bi 1 513 �•o---.� 8- y 101 ..79= t ,ft °may OE, _2 �tcs 427 g38; kx '1 59 0 81 5339 03.0. TOTAL COSTS 59,750.00 $1,422,00 s 3a,? 54,590.00 a� $10;33]1.00. $32,093.00 $32 093.00 DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2009 -2010 Dale Submitted: Submitted By: Prepared By: 0944ev -09 GREG BURER RODNEY TIDWELL R:WJMTANw0ACRTP1/41ULY THRU DEC STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 2009 DATE ACCOUNT STREET /CHANNEL /BRIDGE CO BECKER ENGINEERING Date: .09.29.09 5402 Date: 09.29.09 5402 Date: Date: 46133 VIA LAS TRANQUILA 30261 SANTA CECILIA DESCRIPTION OF WORK T OTAL COST SIZE REMOVE AND REPLACE DAMAGED CONCRETE TOTAL COST 2,265.00 REMOVED AND REPLACED DAMAGED CONCRETE TOTAL COST 2,325.00 TOTAL COST TOTAL COST CONTRACTOR:,' RENE'S;COMMERCIAL'MANAGEMENT- Date: 10.01.09 5402 Date: 10.22.09 5402 Date: 09.29.09 #5401 Date: CITY WIDE CITY WIDE CONTRACTOR: TEMECULA PKWY AT LA PAZ RANCHO VISTA AT MEADOWS PKWY SANTIAGO CITY LOT TRASH AND DEBRIS REMOVAL FROM CITY ROWs AND V- DITCHES TOTAL COST TRASH AND DEBRIS REMOVAL; POST EMERGENT SPRAYING ALONG CITY RQWs TOTAL COST REMOVED AND REPLACED ALL EROSION CONTROL, INCLUDING SILT AND DEBRIS TOTAL COST TOTAL COST 7,967.00 7,860.00 $16,150.00 TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99 -5402 $16,150.00 $20,417.00 RAMAINTAIMMOACfRPT DATE LOCATION r` S OYE OF WORK ONSL 10/01/09 RANCHO VISTA AT VIA DEL CAMPO R R 250 10/01/09 40880 BACCARAT O/L 60 4 10/05/09 NICOLAS ROAD POTHOLES 14 TEMP 10/05/09 3 STREET O/L 1,194 10/05/09 4 STREET O/L 216 10/05/09 41973 6Th 0/L 40 10/05/09 SANTIAGO ROAD AT YNEZ O/L 180 5 10/06/09 SANTIAGO AT YNEZ O/L 1,284 10/06/09 SANTIAGO AT FRONT O/L 593 6 10/07/09 RANCHO CALIF. RD. BTWN DIAZ BUSINESS PARK POTHOLES 6 TEMP 10/12/09 NICOLAS AT CALLE MEDUSA POTHOLES 6 TEMP 10/12/09 MARGARITA AT STONEWOOD POTHOLES 4 TEMP 10/13/09 CITY WIDE POTHOLES 83 2 10/14/09 CITYWIDE POTHOLES 58 1 10/15/09 BUTTERFIELD STAGE ROAD AT DE PORTOLA AC O/L 385 10/15/09 RANCHO VISTA AT CALLE RESACA AC O/L 94 10/15/09 SAN FERMAN PLACE. AC O/L 420 3 10/20/09 N/B MARGARITA AT RANCHO CALIFORNIA ROAD R &R 400 12 10/22/09 CABRILLO AT JOHN WARNER AC O/L 1,100 4 10/23/09 MB YNEZ FROM PAUBA TO RANCHO VISTA POTHOLES 5 TEMP 10/23/09 YNEZ AT TIERRA VISTA POTHOLES 3 TEMP 10/26/09 30345 CABRILLO AC 0/L 1,272 10/26/09 30030 CABRILLO AC O/L 350 6 10/27/09 MARGARITA AT RANCHO CALIFORNIA ROAD R R 120 10/27/09 MARGARITA AT RANCHO CALIFORNIA ROAD R R 300 12 10/27/09 MARGARITA AT SANTIAGO POTHOLE 2 10/27/09 MARGARITA AT MORAGA POTHOLE 2 10/28/09 CABRILLO AT JOHN WARNER AC O/L 1,840 5 10/29/09 MARGARITA AT HONORS R R 4,900 12 TOTAL S.F. OF REPAIRS 10. 681 TOTAL TONS 72 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF OCTOBER, 2009 R:U4A INTAINI W KCMPLTD'1A CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 2009 R: \MAINTAIMW KCMPLLTD \CATCHBASI LO WO COMPaTED RTC DATE 10/01/09 UNDER SIDEWALKS AREA #3 CLEANED CHECKED 31 UNDER SIDEWALKS 10/02/09 AREA #2 CLEANED CHECKED 4 CATCH BASINS 10/05/09 HOT SPOTS CITY WIDE CLEANED CHECKED 22 CATCH BASINS 10/06/09 AREA #5 UNDER SIDEWALKS CLEANED CHECKED 29 UNDER SIDEWALKS 10/07/09 AREA #5 UNDER SIDEWALKS CLEANED CHECKED 20 UNDER SIDEWALKS 10/12/09 CITY WIDE HOT SPOTS CLEANED& CHECKED 18 CATCH BASINS 10/13/09 MARGARITA AT RANCHO CALIFORNIA ROAD CLEANED CHECKED 1 CATCH BASIN 10/13/09 AREA #4 UNDER SIDEWALKS CLEANED CHECKED 32 UNDER SIDEWALKS 10/14/09 AREA #4 UNDER SIDEWALKS CLEANED CHECKED 42' UNDER SIDEWALKS 10/16/09 OLD TOWN FRONT AT 2 STREET CLEANED CHECKED 1 CATCH BASIN 10/16/09 RANCHO CALIFORNIA ROAD AT YNEZ. CLEANED CHECKED 1 CATCH BASIN 10/16/09 RUSTIC GLEN AT WINCHESTER CLEANED CHECKED 1 CATCH BASIN 10/19/09 CB HOT SPOTS CLEANED CHECKED 16 CATCH BASINS 10/20/09 AREAS #1 #4 UNDER SIDEWALKS CLEANED CHECKED 23 UNDER SIDEWALKS 10/22/09 AREAS #2, #3 #4 (CATCH BASINS) CLEANED CHECKED 18 CATCH BASINS 10/26/09 CITY WIDE HOT SPOTS CLEANED CHECKED 21 CATCH BASINS 10/26/09 SAND HILL DRIVE CLEANED CHECKED 4 CATCH BASINS TOTAL CATCH BASINS CLEANED TOTAL UNDER SIDEWALKS CHECKED 127 157 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 2009 R: \MAINTAIMW KCMPLLTD \CATCHBASI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2009 R:\MAlNTAIN WKCMPLTD \GRAFFITI\ LOC ATION h WORK COMP LETED 10/05/09 OVERLAND TRAIL AT BANANAL REMOVED 16 S.F. OF GRAFFITI 10/05/09 VAIL RANCH PARKWAY AT SUNBEAM REMOVED 1 S.F. OF GRAFFITI 10/05/09 VAIL RANCH PARKWAY AT JOHNSTON DRIVE REMOVED 1 S.F. OF GRAFFITI 10/05/09 BUTTERFIELD BRIDGE AT TEMECULA CREEK REMOVED 116 S.F. OF GRAFFITI 10/05/09 VIA REINA AT MEADOWS PARKWAY REMOVED 12 S.F. OF GRAFFITI 10/05/09 VIA EL GRECO AT RANCHO VISTA REMOVED 16 S.F. OF GRAFFITI 10/05/09 CALLE RIO VISTA AT RANCHO VISTA REMOVED 40 S.F. OF GRAFFITI 10/05/09 MORAGA AT RANCHO CALIFORNIA ROAD REMOVED 132 S.F. OF GRAFFITI 10/05/09 115 FWY AT TEMECULA PARKWAY REMOVED 260 S.F. OF GRAFFITI 10/05/09 WINCHESTER BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 228 S.F. OF GRAFFITI 10/05/09 CORTE FLORECITA AT MEADOWS REMOVED 65 S.F. OF GRAFFITI 10/05/09 SPYGLASS AT MEADOWS PARKWAY REMOVED 2 S.F. OF GRAFFITI 10/05/09 WINCHESTER AT MARGARITA REMOVED 4 S.F. OF GRAFFITI 10/06/09 CAMPANULA (BEHIND HOME DEPOT) REMOVED 1 S.F. OF GRAFFITI 10/06/09 VIA JASSO AT MEADOWS REMOVED 6 S.F. OF GRAFFITI 10/06/09 VIA GUERRO AT AMARITA WAY REMOVED 6 S.F. OF GRAFFITI 10/06/09 MEADOWS AT RANCHO CALIFORNIA ROAD REMOVED 26 S.F. OF GRAFFITI 10/07/09 29645 VIA LAS COLINAS REMOVED 21 S.F. OF GRAFFITI 10/07/09 WALCOTTAT KLARER REMOVED 72 S.F. OF GRAFFITI 10/07/09 LONG VALLEY AT YUKON REMOVED 9 S.F. OF GRAFFITI 10/08/09 NICOLAS AT RANCHO TEMECULA REMOVED 2 S.F. OF GRAFFITI 10/08/09 REDHAWK AT PARIRLON REMOVED 8 S.F. OF GRAFFITI 10/12/09 RAINBOW CANYON BRIDGE REMOVED 1,033 S.F. OF GRAFFITI 10/12/09 WALL AT LOMA LINDA REMOVED 18 S.F. OF GRAFFITI 10/12/09 CHANNEL AT LOMA LINDA REMOVED 236 S.F. OF GRAFFITI 10/12/09 TOWER PLAZA PARKING STRUCTURE REMOVED 1 S.F. OF GRAFFITI 10/12/09 CALLE MEDUSA AT CHAUNCEY WAY REMOVED 2 S.F. OF GRAFFITI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2009 R:\MAlNTAIN WKCMPLTD \GRAFFITI\ DATE LOCATION WORD CONIP 10/14/09 YNEZ AT MARGARITA REMOVED 1 S.F. OF GRAFFITI 10/14/09 NO. GENERAL KEARNY AT MARGARITA REMOVED 1 S.F. OF GRAFFITI 10/14/09 CAMINO GUARDA AT CAMINO POLENCIA REMOVED 32 S.F. OF GRAFFITI 10/15/09 WINCHESTER AT MARGARITA REMOVED 4 S.F. OF GRAFFITI 10/15/09 WINCHESTER AT MARGARITA REMOVED 4 S.F. OF GRAFFITI 10/15/09 YNEZ AT OVERLAND REMOVED 50 S.F. OF GRAFFITI 1015/09 DE PORTOLA AT VIA ANGELES REMOVED 50 S.F. OF GRAFFITI 10/19/09 VIA RIO TEMECULA AT COUNTRY GLEN REMOVED 4 S.F. OF GRAFFITI 10/19/09 AVENIDA DE MISSIONS AT POUQITO REMOVED 4 S.F. OF GRAFFITI 10/19/09 OVERLAND TRAIL AT VAIL CREEK DRIVE REMOVED 2 S.F. OF GRAFFITI 10/19/09 WOLF CREEK AT WOLF VALLEY REMOVED 1 S.F. OF GRAFFITI 10/19/09 32555 VIA PERALES REMOVED 20 S.F. OF GRAFFITI 10/19/09 VIA PERALES AT DEER HOLLOW REMOVED 10 S.F. OF GRAFFITI 10/19/09 CAMINO SAN DIMAS AT -VIA LA COLORADA REMOVED 8 S.F. OF GRAFFITI 10/19/09 PASEO GALIANTE AT CAMINO SAN DIMAS REMOVED 4 S.F. OF GRAFFITI 10/19/09 46193 VIA LA COLORADA REMOVED 1 S.F. OF GRAFFITI 10/19/09 BUTTERFIELD STAGE ROAD 100 WELTON REMOVED 30 S.F. OF GRAFFITI 10/19/09 BEHIND TEMECULA VALLEY SELF STORAGE REMOVED 280 S.F. OF GRAFFITI 10/19/09 RUSTIC GLEN AT KNOLLRIDGE DRIVE REMOVED 1 S.F. OF GRAFFITI 10/19/09 CREATIVE DRIVE AT STONE GATE DRIVE REMOVED 1 S.F. OF GRAFFITI 10/19/09 CALLE PINA COLADA AT VIA NORTE REMOVED 1 S.F. OF GRAFFITI 10/19/09 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE REMOVED 4 S.F. OF GRAFFITI 10/19/09 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 16 S.F. OF GRAFFITI 10/19/09 LEENA WAY AT VIA RAZO REMOVED 22 S.F. OF GRAFFITI 10/19/09 MARGARITA ROAD AT SANTA GERTRUDIS CREEK REMOVED 270 S.F. OF GRAFFITI 10/20/09 WINCHESTER ROAD AT MURRIETA CREEK REMOVED 516 S.F. OF GRAFFITI 10/20/09 VIA RAZO AT LEENA WAY REMOVED 8 S.F. OF GRAFFITI 10/20/09 HARVESTON AT HARVESTON WAY REMOVED 1 S.F. OF GRAFFITI 10/20/09 YNEZ ROAD AT WAVERLY LANE REMOVED 1 S.F. OF GRAFFITI 10/20/09 CALLE BALMEZ AT VIA CALIARI REMOVED 4 S.F. OF GRAFFITI 10/21/09 DEER HOLLOW AT PEACH TREE REMOVED 6 S.F. OF GRAFFITI R:NIAINTAIMW KCMPLTD \GRAFFITR DATE ZOCATTOAI s WORK COMPLETED 10/23/09 MIRA LOMA AT RANCHO VISTA REMOVED 80 S.F. OF GRAFFITI 10/23/09 PEPPERCORN AT CORTE ZARAGOZA REMOVED 8 S.F. OF GRAFFITI 10/23/09 PEPPERCORN AT DEER HOLLOW REMOVED 1 S.F. OF GRAFFITI 10/23/09 VIA COLORADA AT DEER HOLLOW REMOVED 2 S.F. OF GRAFFITI 10/23/09 PEPPERCORN AT DEER HOLLOW REMOVED 41 S.F. OF GRAFFITI 10/23/09 CORTE ZARAGOZA AT DEER HOLLOW REMOVED 9 S.F. OF GRAFFITI 10/23/09 CORTE ZARAGOZA AT PASEO GALLANTE REMOVED 12 S.F. OF GRAFFITI 10/23/09 SAN DIMAS AT PASEO GALLANTE REMOVED 10 S.F. OF GRAFFITI 10/23/09 SAN DIMAS AT VIA LA COLORADA REMOVED 3 S.F. OF GRAFFITI 10/23/09 VIA TRANQUILA AT VIA TRANQUILA REMOVED 9 S.F. OF GRAFFITI 10/23/09 CALLESITO VALLARTA AT CORTE LERMA REMOVED 2 S.F. OF GRAFFITI 10/23/09 DEER HOLLOW AT VIA COLORADA REMOVED 7 S.F. OF GRAFFITI 10/23/09 LOMA LINDA AT PECHANGA PARKWAY REMOVED 6 S.F. OF GRAFFITI 10/30/09 15 FWY AT TEMECULA CREEK REMOVED 7.979 S.F. OF GRAFFITI 10/26/09 MAIN STREET BRIDGE (OLD TOWN) REMOVED 212 S.F. OF GRAFFITI 10/26/09 DEER HOLLOW AT PEPPERCORN REMOVED 16 S.F. OF GRAFFITI 10/26/09 CAMINO SAN DIMAS AT FRANCISCO PLACE REMOVED 19 S.F. OF GRAFFITI 10/26/09 VIA LAS COLINAS AT RANCHO CALIFORNIA ROAD REMOVED 3 S.F. OF GRAFFITI 10/26/09 YNEZ AT YNEZ COURT REMOVED 97 S.F. OF GRAFFITI 10/29/09 15 FWY AT TEMECULA CREEK REMOVED 11,000 S.F. OF GRAFFITI 10/29/09 PECHANGA AT MURFIELD (CHANNEL) REMOVED 871 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 24,030 79 RAMAINTAIM WXCMPLTD \GRAFFITI\ DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 09/29/09 31074 CALLE ARAGON TREE 10/01/09 09/30/09 31400 VIA EDUARDO TREE 10/01/09 10/01/09 CALLESITO AT CORTE SABRINAS SIGN REPAIR 10/02/09 10/01/09 CORTE TOBARRA AT PASEO GALLANTE SIGN REPAIR 10/02/09 10/01/09 PEPPERCORN AT VIA TEMECULA SIGN REPAIR 10/02/09 10/01/09 RISTOW COURT DEBRIS 10/02/09 10/02/09 WOLF VALLEY•AT PECHANGA DEBRIS 10/02/09 10/02/09 31918 CORTE MONTECITO TREE 10/05/09 10/05/09 45682 MASTERS TREE 10/05/09 10/05/09 CORTE FLORECITA AT CAMINO NUNEZ GRAFFITI 10/05/09 10/05/09 CAMINO DE LA TORRE AT CORTE VALENTINE GRAFFITI 10/05/09 10/05/09 SPYGLASS AT MEADOWS PARKWAY GRAFFITI 10/05/09 10/05/09 CORTE FLORECITA AT MEADOWS GRAFFITI 10/05/09 10/05/09 OVERLAND AT BANANAL GRAFFITI 10/05/09 10/05/09 RANCHO VISTA AT NHS GRAFFITI 10/05/09 10/05/09 42849 SANTA SUZANNA UTILITY BOX 10/06/09 10/02/09 RANCHO CALIFORNIA ROAD AT LYNDIE LANE DEBRIS 10/06/09 10/02/09 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS 10/06/09 10/06/09 MEADOWS AT RANCHO VISTA TREE 10/06/09 10/07/09 29645 VIA LAS COLINAS GRAFFITI 10.07/09 10/07/09 TEMECULA PARKWAY AT CAMINO DEL SOL DEBRIS 10/07/09 10/08/09 PASEO PARALLON AT PARK GRAFFITI 10/08/09 10/08/09 REDHAWK AT OVERLAND TRAIL GRAFFITI 10/08/09 10/08/09 VINTAGE AT REDHAWK DEBRIS 10/08/09 10/08/09 RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS GRAFFITI 10/08/09 10/07/09 CHALON AT LA SERENA ASPHALT 10/12/09 10/08/09 VIA RIO TEMECULA AT REDHAWK LIGHTS 10/19/09 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 2009 R:MAINTAIMWRKCOMPLTD\SORS DATE REC'D,, LOCATION REQUEST DATE WORK COMPLETED 10/12/09 CHANCY WAY AT CALLE MEDUSA GRAFFITI 10/12/09 10/12/09 RANCHO VISTA AT YNEZ DEBRIS 10/12/09 10/13/09 VIA LA VIDA AT CORTE FALDAS ASPHALT 10/13/09 10/13/09 MARGARITA AT CALABRIA DRIVE GRAFFITI 10/14/09 10/14/09 CAMINO GUARDA AT CAMINO PALENCIA GRAFFITI 10/14/09 10/14/09 BUTTERFIELD STAGE AT DE PORTOLA GRAFFITI 10/15/09 10/17/09 VIA PALA AT LEENA WAY GRAFFITI 10/20/09 10/19/09 AVENIDA SONOMA AT MARGARITA DEBRIS 10/19/09 10/20/09 VIA PALA AT CAMINO CALIARI GRAFFITI 10/20/09 10/20/09 32199 CAMINO CALIARI GRAFFITI 10/20/09 10/20/09 31141 CALLE ARAGON CONCRETE REPAIR 10/21/09 10/20/09 YNEZ AT DATE DEBRIS 10/20/09 10/20/09 30261 VILLA ALTURAS TREE 10/22/09 10/20/09 31078 HUMBOLT COURT CONCRETE REPAIR 10/22/09 10/22/09 WINCHESTER AT NICOLAS CATCH BASIN 10/22/09 10/19/09 CAMINO CALIARE AT PALA RAZO GRAFFITI 10/19/09 10/19/09 VIA PERALES AT DEER HOLLOW GRAFFITI 10/19/09 10/19/09 VIA PERALES AT VIA LA COLORADA GRAFFITI 10/19/09 10/19/09 CAMINO DIMAS AT VIA LA COLORADA GRAFFITI 10/19/09 10/19/09 CAMINO DIMAS AT VIA LA COLORADA GRAFFITI 10/19/09 10/21/09 DEER HOLLOW AT PEACH TREE GRAFFITI 10/21/09 10/22/09 VIA GILBERTO AT BADISORO DEBRIS 10/26/09 10/22/09 OAK HURST WAY ASPHALT REPAIR 10/23/09 10/22/09 RANCHO VISTA AT MIRA LOMA GRAFFITI 10/22/09 10/23/09 DEER HOLLOW AT PEPPERCORN GRAFFITI 10/23/09 10/23/09 46000 VIA LA TRANQUILA GRAFFITI 10/23/09 10/23/09 DEER HOLLOW AT PEPPERCORN GRAFFITI 10/23/09 10/23/09 VIA COLORADA AT CAMINO'SAN DIMAS GRAFFITI 10/23/09 10/26/09 MARGARITA AT MORAGA SIGN REPAIR 10/26/09 10/27/09 RANCHO VISTA AT MEADOWS TREE 10/27/09 TOTAL SERVICE ORDER REQUESTS R:UMINTAIMW RKCOMPLTDISORS DATE LOr Af101a( ORKb c O �YI PL EZ;ED 10/01/09 QUIET MEADOWS AT NORTH GATE REPLACED R2 -25 10/01/09 PREECEATYNEZ REPLACED R1 -1 10/01/09 CALLE REVA AT PREECE REPLACED R1 -1 10/01/09 CORTE FRESCA AT CALLE NACIDO REPAIR SNS 10/01/09 CALLE NACIDO AT TIERRA VISTA REPAIR SNS 10/01/09 MEADOWS AT LEENA REPLACED W3 -1 10/01/09 RANCHO CALIFORNIA ROAD AT MORAGA REPAIR R4 -7 10/01/09 MARGARITA AT LOW ES REPLACED 2 DELINEATORS 10/01/09 CALLE MEDUSA AT CHALDON CIRCLE REPLACED R2 -25 10/01/09 RORIPAUGH AT WINCHESTER REPLACED S1 -1 S4 -3 10/01/09 SANBORN AT MADISON REPLACED R1 -1 10/01/09 41252 PROMENADE CHARDONNAY REPLACED W3 -1 10/01/09 PROMENADE CHARDONNAY HILLS AT PARDUCCI REPAIR R1 -1 10/02/09 MARGARITA AT GEORGETOWN REPLACED 6 DELINEATORS 10/02/09' CORTESABRINA REPAIR R1 -1 10/05/09 MAIN STREET AT BRIDGE REPLACED 1 DELINEATOR 10/05/09 RANCHO CALIFORNIA ROAD AT HUMBER REPLACED R4 -7 10/06/09 SANTIAGO AT YNEZ REPLACED T -07 10/06/09 CAMPANULA (BEHIND HOME DEPOT) REPLACED R6 -1 10/06/09 SANTIAGO AT FRONT REPLACED W3 -3 10/07/09 RANCHO CALIFORNIA ROAD AT JEFFERSON REPLACED R4 -7 10/13/09 MARGARITA AT RANCHO CALIFORNIA ROAD REPLACED W3 -3 10/13/09 CALLE CHAPOS AT RIVERTON REPLACED 1 W1-6 10/13/09 DIAZ AT RANCHO CALIFORNIA ROAD REPLACED 3 DELINEATORS 10/13/09 CORTE SONORA AT PASEO GOLETA REPAIR R1 -1 10/13/09 CAMPANULA AT DE PORTOLA REPAIR 1 DELINEATOR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 2009 R: MAINTAINWKCMPLTDISIGNSI i 10/14/09 YNBAT REPAIR R4-7 10/14/09 YNEZ AT PALM PLAZA REPAIR R4-7 10/1408 YNEZATWINCHESTER REPAIR R4'7 10/14/09 YNEZ8T PROMENADE MALL REPAIR R4-7 10/14/09 YNE7ATOVERLAND REPAIR R4^7 10/14/09 ¥NEZ AT OVERLAND REPLACED R4'7 10/14/09 OVERLAND AT MARGARITA REPAIR R6'1 10/14/09 OVERLAND ATMARGARITA REPAIR 0M1'3 10/14/09 OVERLAND pJMARGARITA REPLACED n4'7 10/14/09 MARGARITA AT NO. GENERAL KEARNY REPAIR R4-7 10/14/09 C8LLE MEDUSA ATLA8ERFNA REPLACED 3 TON LIMIT SIGN 10/14/09 CORTE ALMERIA AT CORTE ALBANO REPLACED SNS 10/15/09 RANCHO CALIFORNIA ROAD AT DIAZ REPAIR 2DEL|NE/gT)R8 101509 RANCHO CALIFORNIA ROAD 8TD|AZ REPLACED 2DEL|NEATORS 10/15/09 CVRBIEATN8NTESCOURT REPAIR 2-S1'182VV'66A 10/15/09 PAROWN AT CAMINO PIEDRA ROJO REPAIR S1-1 W66-A 10/15/09 YA|L RANCH ATCAM|NORUBANO REPLACED. \m-68& 1015/08 BU1TERFIELD AT RANCHO CALIFORNIA ROAD REPLACED 4 DELINEATORS 10/15/08 LASERENAAT MEADOWS PARKWAY REPLACED S4'3 10/16/09 MARGARITA AT RUSTIC GLEN REPLACED R2-26 (2) 10/16/09 JEFFERSON AT DEL RIO REPAIR R4'7 10/1609 MARGARITA ATVY|mCHESTER REPAIR 2 R4-7 10/19/09 CAMINO MAREA AT VINTAGE HILLS NEW INSTALL R2-25 10/19/09 CALLE RESACA AT VINTAGE HILLS NEW INSTALL R2-25 10/1909 CALLE RESACA AT RANCHO VISTA NEW INSTALL R2'25 10/19/09 S8M|NVMARE8ATCALLEJ8B|i! NEW INSTALL R2-25 10/19/09 CAMINO MAREA AT VIA TORENO NEW. INSTALL R2'25 10/19/09 CAMINO MAREA AT VIA TORENO NEW INSTALL R2'25 10/19/09 RANCHO CALIFORNIA ROAD ATMARGARITA REPLACED R14-1 10/20/09 .WINCHESTER AT AULD ROAD REPLACED "TE/NECVLA POLICE" SIGN 10/2009 WINCHESTER AJ ENTERPRISE CIRCLE REPLACED W11-8 10/20/09 HARVESTON AT CHARLESTON LANE NEW INSTALL (2)R26 /81 102008 HARVESTON AT ABERDEEN REPAIR R26 81 10/20/09 HARVESTON AT DALTON WAY REPAIR (3) R26 81 x 10/20/09 HARVESTON AT MENDOCINO LANE 10/20/09 10/22/09 10/22/09 10/23/09 10/23/09 10/26/09 10/26/09 10/27/09 10/27/09 10/27/09 10/29/09 HARVESTON AT EASTON PLACE PECHANGA DRIVE AT PRIMROSE YNEZ AT WINCHESTER CALLE GIRASOL AT NICOLAS REDHAWK AT TEMECULA PARKWAY MARGARITA AT MORAGA MARGARITA AT PIO PICO NICOLAS ROAD AT CALLE GIRASOL LA SERENA AT CALLE MEDUSA MARGARITA AT DE PORTOLA DIAZ AT WINCHESTER REPAIR REPLACED REPAIR REPAIR REPAIR REPLACED REPLACED REPLACED INSTALLED NEW INSTALL REPLACED REPLACED R26 -81 (2) S1 -1 S1 -3 W1- 7 &OM1 -3 R1 -1 R1 -1 W3 -3 R4 -7 R4 -7 SNS (2) R3 -7 R6 -1R R3 -7 R3 -7 TOTAL SIGNS REPLACED 58 TOTAL SIGNS INSTALLED 36 TOTAL SIGNS REPAIRED 12 R: MAINTAIN WKCMPLTD\SIGNSI CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS STRIPING MONTH OF R: \MAINI'AIMWRKCOMPLTD\STRIPING 1, f. `k x v f 9`" r TiON' s e,,, i i f "u: J t t i FORK COh1PT,ETED 10/01/09 MEADOWS BETWEEN LA SERENA LEENA REPAINTED 48 LEGENDS 10/05/09 LA PAZ AT PAUBA REPAINTED 6 LEGENDS 10/05/09 SANTIAGO BETWEEN VALLEJO AND PUJOL REPAINTED 15 LEGENDS 10/05/09 RANCHO CALIFORNIA ROAD BTWN. YNEZ AND BUSINESS PARK REPAINTED 2 LEGENDS 10/05/09 DIAZ BETWEEN RANCHO CALIFORNIA ROAD AND LOW FLOW REPAINTED 4 LEGENDS 10/05/09 RANCHO WAY REPAINTED 6 LEGENDS 10/05/09 FRONT STREET BETWEEN SANTIAGO AND TEMECULA PKWY REPAINTED 4 LEGENDS 10/06/09 MEADOWS BETWEEN LEENA AND TEMECULA PARKWAY REPAINTED 19 LEGENDS 10/06/09 TEMECULA PKWY 15 FWY FRONT REPAINTED 6 LEGENDS 10/06/09 RANCHO CALIFORNIA ROAD BTWN. DIAZ 15 FWY. REPAINTED 6 LEGENDS 10/06/09 BUSINESS PARK BTWN. RANCHO CALIF. RD. RANCHO WAY REPAINTED 2 LEGENDS 10/06/09 RANCHO WAY BTWN. BUSINESS PARK DRIVE DIAZ REPAINTED 5 LEGENDS 10/07/09 PAUBAATVIADEANDA NEW INSTALL 2ARROWS 10/08/09 VIA RAMI AT PAUBA REPAINTED 1 LEGENDS 10/08/09 RANCHO CALIFORNIA ROAD BTWN. FRONT AND RIDGE PARK REPAINTED 8 LEGENDS 10/12/09 YNEZ ROAD BETWEEN WINCHESTER AND SOLANA REPAINTED 34 LEGENDS 10/12/09 WINCHESTER ROAD REPAINTED 7 LEGENDS 10/12/09 OVERLAND AT YNEZ REPAINTED 2 LEGENDS 10/15/09 MALL AREA REPAINTED 29 LEGENDS 10/15/09 DE PORTOLA BETWEEN JEDEDIAH SMITH VALLEJO REPAINTED 10 LEGENDS 10/19/09 TRAFFIC S.O.R. NEW INSTALL 7 THERMO LEGENDS 10/20/09 YNEZ BETWEEN LA PAZ SANTIAGO REPAINTED 23 LEGENDS 10/21/09 YNEZ BETWEEN OVERLAND AND RANCHO VISTA REPAINTED 21 LEGENDS 10/21/09 SOLANA FROM MARGARITA TO YNEZ REPAINTED 18 LEGENDS 10/22/09 LA SERENA BETWEEN MARGARITA AND BUTTERFIELD STAGE REPAINTED 22 LEGENDS 10/22/09 REDHAWK PKWY. BETWEEN VAIL RANCH VIA RIO TEMECULA REPAINTED 8 LEGENDS 10/26/09 N/B MARGARITA FROM VIA RIO TEMECULA REPAINTED 40 LEGENDS 10/27/09 N/B MARGARITA FROM SANTIAGO TO DATE REPAINTED 32 LEGENDS TOTAL NEW REPAINTED LEGENDS NEW REPAINTED RED CURB NEW THERMAL PLASTIC 359 STRIPING L.F. 0 7 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS STRIPING MONTH OF R: \MAINI'AIMWRKCOMPLTD\STRIPING 7"DATE n xr E COMPUTED 10/02/09 SPICA STREET TRIMMED 1 R.O.W. TREES 10/02/09 HUMBER AT RIO GRANDE TRIMMED 2 R.O.W. TREES 10/08/09 27321 NICOLAS ROAD TRIMMED 1 R.O.W. TREES 10/08/09 45585 OLYMPIC TRIMMED 1 R.O.W. TREES 10/08/09 30516 WAILEA TRIMMED 1 R.O.W. TREES 10/08/09 30519 WAI LEA TRIMMED 1 R.O.W. TREES 10/08/09 45752 HOPACTONG TRIMMED 1 R.O.W. TREES 10/13/09 MARGARITA AT MORAGA TRIMMED 1 R.O.W. TREES 10/13/09 DIAZ AT ZEVO TRIMMED 1 R.O.W. TREES 10/15/09 MARGARITA AT WINCHESTER TRIMMED 1 R.O.W. TREES 10/16/09 SPYGLASS AT CONGRESSIONAL TRIMMED 2 R.O.W. TREES 10/16/09 JEFFERSON AT VIA MONTEZUMA TRIMMED 1 R.O.W. TREES 10/16/09 39564 LONG RIDGE TRIMMED 1 R.O.W. TREES 10/16/09 27175 RAINBOW CREEK DRIVE TRIMMED 2 R.O.W. TREES 10/16/09 32100 RISING HILL DRIVE TRIMMED 1 R.O.W. TREES 10/16/09 39618 RUSTIC GLEN TRIMMED 1 R.O.W. TREES 10/16/09 39618 RUSTIC GLEN AT WINCHESTER TRIMMED 2 R.O.W. TREES 10/21/09 CITY WIDE TRIMS (CR &R LIST) TRIMMED 14 R.O.W TREES 10/22/09 YNEZ AT WINCHESTER TRIMMED 1 R.O.W. TREES 10/22/09 NICOLAS AT NO. GENERAL KEARNY TRIMMED 13 R.O.W. TREES 10/30/09 CR &R TREE LIST AREAS #3 #4 TRIMMED 9 R.O.W. TREES 10/25/09 HUPA DRIVE (32800, 32833, 32728, 32752) TRIMMED 6 R.O.W. TREES 10/25/09 PECHANGA AT MURFIELD TRIMMED 1 R.O.W. TREES 10/25/09 LA SERENA AT CALLE MEDUSA TRIMMED 4 R.O.W. TREES 10/25/09 POREECE AT BUCKEYE TRIMMED 4 R.O.W. TREES 10/25/09 PREECE AT BUTTERNUT TRIMMED 1 R.O.W. TREES 10/25/09 YNEZ AT CALLE HALCON TRIMMED 1 R.O.W. TREES 10/28/09 PECHANGA AT MURFIELD TRIMMED' 7 R.O.W. TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT -OF -WAY TREE TRIMMING MONTH OF OCTOBER, 2009 R: \MAI NTAIN\ W RKCOMPLTD\TR EES DATE 10/28/09 10/29/09 10/29/09 HARVESTON CIRCLE C STREET HARVESTON WAY TRIMMED TRIMMED TRIMMED TOTAL R.O.W. TREES TRIMMED 179 ORK 54 R.O.W. TREES 4 R.O.W. TREES 39 R.O.W. TREES R:\ MAMTNMWRKCOMPLTD \TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT -OF -WAY WEED ABATEMENT MONTH OF OCTOBER, 2009 10/28/09 10/29/09 MURFIELD AT PECHANGA MURFIELD AT PECHANGA ABATED ABATED 1,400 S.F. R.O.W. WEEDS 1,200 S.F. R.O.W. WEEDS TOTAL SF ROW WEEDS ABATED '2, R: \MAINTAIMW KCOMPLTD\ WEEDS CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report October November 2009 PROJECTS UNDER CONSTRUCTION Prepared by: Amer Attar Submitted by: Greg Butler Date: 11/24/2009 Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking estimated start in March of 2010. A fire engine /truck venting system (requested /added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Old Town Infrastructure Project Town Square and Mercedes Main Street This project involves construction of the Town Square and street improvements on Mercedes Main Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements are complete and all the roadways are paved. Work near completion in the Town Square and the Fountain is fully functional. Various specialty items and added work may extend the completion date through December 2009. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits Pechanga Rd. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has essentially completed the improvements including the "dual right turn lanes" work. The remaining work includes extra work and punch list items. The project is substantially complete, as of August 2009. Old Town Infrastructure Projects Parking Structure Office /Retail Frontage This project includes the site grading and retaining walls for the Civic Center.& the Parking Structure site as well as construction of a parking structure, including office frontage shell space. Construction of elevated slabs is complete. B occupancy structure erection and interior parking structure improvements are ongoing as well as construction of the exterior facade. Ronald Reagan Sports Park Channel Silt Removal Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of FEMA reimbursement funding. Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on structural steel erection, metal decks, steel stud framing, and mechanical, electrical and plumbing installation. Temecula Community Center Expansion Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior punchlist is pending. The Escallier house and barn have been fumigated for termites. Dry rot termite infested wood has been removed and replaced. Staff has reviewed 100% Plans and edits are required. Resubmittal is expected in 1 month. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom and permanent dog park at Redhawk Community Park. Additive items include a half court basketball court at Redhawk Park and a seatwall at Sunset Park. The project was advertised and bids opened on 10/13/09. At their 10/27/09 meeting, the Community Services District Board awarded the contract to IAC Engineering. The award amount was $787,094.92. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09. Cap paving work was completed on 9/11/09; AC berm installation and striping work was completed the week of 9/14/09. Cap paving of the north side roadway was completed do 10/23/09; the first coat of final striping was done on 10/27/09. Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) STPL Project This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. Construction began on June 3, 2009 and is anticipated to be completed by the end of December 2009. The contractor is working between Margarita Road and Meadows Parkway. Work in this area is expected to be completed by the end of November. Traffic Signal Installation Citywide, Butterfield Stage Rd at Welton Way Channel St This project installed a new traffic signal on Butterfield Stage Road at Welton Way Channel Street. The signal has been turned on and work is complete. The City Council accepted this project at their 10/13/09 meeting and the Notice of Completion has been filed. Traffic Signal Installation Citywide, Meadows Pkwy at McCabe Dr 2 This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The signal has been turned on and work is complete. The City Council accepted this project at their 10/13/09 meeting and the Notice of Completion has been filed. Citywide Slurry Seal Project FY08 -09 This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This project is complete. The City Council is scheduled to accept this project at their 11/10/09 meeting, at which time the Notice of Completion will be filed. Citywide Concrete Repairs FY 2008 -09 This project will replace concrete at various locations in the City. The project is complete. The City Council is scheduled to accept this project at their 11/10/09 meeting, at which time the Notice of Completion will be filed. Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Pre Con meeting was October 8, 2009. Waiting on contractor to get Traffic Control Plans approved prior to issuing a Notice to Proceed. 3 PROJECTS BEING ADVERTISED FOR BIDS Winchester Road State Route 79 North North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City received construction authorization from Caltrans. The City Council approved the plans and specifications at the 10/27/09 meeting. The project is being advertised for bids. Bid opening is scheduled for 11/30/09. 4 PROJECTS IN DESIGN Re- Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 -15 This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. Pechanga Parkway Storm Drain Improvements Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements Stage 1. The wetlands will be created through construction of new landscape /irrigation systems. The site is located along the north bank of Temecula Creek (within flood plain /way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. Offers for purchase of the properties were made and City Council adopted a Resolution of Necessity to acquire the property on 11/25/08. The proposed improvements can't be implemented until the City obtains possession of the properties. The California Department of Fish Game will have to sign off on this acquisition since they have jurisdiction over land the City will use for access. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. The 95% plans were returned to the consultant on September 29, 2009. 100% completion plans are due on November 5, 2009. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant. The draft 100% PS &E package was received from the design consultant on 2/17/09, and staff review is complete. Comments on draft 100% plans resubmitted to design consultant 8/31/09. An inter agency meeting was held on 9/16/09 to determine mitigation requirements for this project. The outcome of this meeting was that the City will be required to mitigate for temporary vegetation loss incurred during construction; all other mitigation will be included in the USACOE overall Murrieta Creek flood control project. The environmental submittal /review process will now move forward accordingly. Development of a mitigation plan for the temporary impacts is not part of the design consultant's original scope, and a change order will be required; proposal is forthcoming. Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped /bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on 5/13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans in June, and have been addressed by City staff and consultants. Resubmittal of environmental technical reports to Caltrans took place on 10/21/09. 5 Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings were returned to AAE for revision and resubmittal. Pechanga Pkwy -Dual Right Turn Lanes from Temecula Parkway (SR 79S) This project included the design and construction of 2 right -turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed this work, as a change order to their contract. Santiago Detention Basin This project included the design and construction of a 1 -acre detention basin, which is located on the south side of Santiago Rd between Vallejo Ave Orsmby Rd. The environmental reports have been updated and the plans are complete /signed. This project has been de- funded in the new CIP budget and will be shelved. French Valley Parkway Interstate 15 Over- Crossing and Interchange Improvements Phase 1 (PS &E) A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design work. Status is as follows: PS &E City is preparing 95% Plans, Specifications, and Estimate. Right of Way Establishing limits of dedication. Declaration of. Units Caltrans Approved Metric Exception for this phase. Utilities Pothole of existing utilities within APE are complete. Conceptual Landscape /Aesthetics Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS &E submittal. Other: Maintenance Agreement City preparing exhibit for first draft. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be available until the Creek project is completed. A conceptual design committee meeting was held on January 27, 2009. Long Canyon Detention Basin Access Road 6 Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Santa Gertrudis Creek Pedestrian /Bicycle Trail Extension and Interconnect The project will provide a Class 1 bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Diaz Road. The City Council approved an agreement with Hall Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is preparing 70% plans, specifications and estimate. Nicolas Valley Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement for the street improvement design with David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. Consultant is preparing 90% plans and estimate. Roripaugh Ranch Street Improvements Phase I Phase I includes the design construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC /So Loop Rd and making the Fire Station functional. Currently, liens and settlements have been resolved. An agreement with David Evans and Associates to complete the design is scheduled to go to Council on 11/10/09 for approval. Staff is working on the Bid Package. The developer will start to work on the R/W acquisition and perform their MOU obligations. The City will enter into additional agreements with other consultants, if needed, to complete the design. Citywide Slurry Seal Project FY 2009 -2010 This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Proposition 1B funds will be used to fund this project. The project received authorization to solicit construction bids at the September 22, 2009 City Council Meeting. Project bidding is on -hold until January, 2010 due to weather. 7 1 -15 SR 79S Ultimate Interchange This project will modify the 1 -15/ SR 79 South Interchange to accommodate projected future traffic. Project Report Approved Oct 2009. Supplemental Fact Sheet Approved Sep 2009. Modified Access Report FHWA Determination of Acceptability, approved July 2007. Final approval in process. Geometric Approval Drawings Approved Sep 2009. Final Environmental Document Approved June 2009. French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements (PA ED) This project will construct an interchange between Winchester Road Interchange and the 1 -15/1 -215 split. City continued development of the Project Report and Environmental Document. Status is as follows: Draft Project Report Approved June 2006. Project Report City preparing 1st draft. Draft Environmental Document Approved April 2009. New Connection Report (NCR) Letter of Acceptability received in July 2008. Traffic Operations Analysis Approved 02/05/08. Exception to 20 -yr Traffic Design Approved 12/17/07. Stormwater Data Report City preparing final report. Mandatory Design Exceptions Approved 07/18/06. Advisory Design Exceptions Approved 07/18/06. Exception to Ramp Metering Policy Approved 07/05/06. Geometric Approval Drawings Approved 07/18/06. Revised Geometric Approval Drawings Approved 01/11/08. Storm Drain Study Approved 03/21/08. Floodplain and Scour Analysis Report Approved Oct 2008. Final Environmental Document City preparing first draft. Other: PROJECTS IN THE PLANNING STAGE Declaration of Units Request for Metric Exception denied by Caltrans. Freeway Agreements Execution pending approval of the Project Report. Risk Management Plan Updating as necessary. Project Charter 1st draft is under Caltrans review. Maintenance Agreement Preparing 1st submittal for Caltrans review. Financial Plan Updating as necessary. Traffic Signal Installation Citywide This project will install traffic signals at two intersections; Meadows Parkway at Pauba Road and Rancho California Road at Yukon Road. Proposals were received 09/17/09 in response to RFP 167 for professional engineering services to design and prepare construction plans, specifications, and estimate. The City is negotiating the final terms of an agreement with the selected firm. 8 Item No. 26 Approvals City Attorney Director of Finance Aed City Manager Olt CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 24, 2009 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of October, 2009. CURRENT PLANNING ACTIVITIES New Cases The Division received 33 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of October. Special Projects Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long rang_ a planning activities currently in progress are described in the paragraphs below: Temecula. Regional Hospital This project was approved by the City Council on January22, 2008. The CEQA challenge period for the Supplemental EIR expired on February 28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The Public Works Department and Planning Department met with the applicant and the applicant's architect on May 21, 2009 regarding the status of grading plans, street improvement plans, the project's Water Quality Management Plan, and fees. The applicant's architect continues to indicate that building plans, or more specifically the geo- technical report for the project, is being reviewed by the Office of Statewide Health Planning and Development (OSHPD) and that approval of these plans. The applicant's architect indicated that a. revised geo technical report would be submitted to OSHPD by mid August, 2009, and that OSHPD approval of building plans could shortly follow. Staff is awaiting re- submittal of plans to address comments regarding permits for rough grading, precise grading, street improvement plans, and a Water Quality Management Plan. (FISK) General Plan Housing Element Update —Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received on the final draft contained a handful of suggested corrections and sample language to add to the Housing Element. Staff completed an initial study and circulated a Negative Declaration for a 30 -day public review and comment period from July 31, 2009 through August 31, 2009. A Planning Commission hearing was held on September 2, 2009, and the Commission recommended that the City Council approve the Housing Element Update and adopt the Negative Declaration. A City Council hearing is scheduled for November 10, 2009. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD for a 90 -day Certification review. (PAPP) Nicolas Valley Rural Preservation Area Staff held a community meeting on February 26, 2009, where 70 -80 residents attended. Concerns regarding road cost, financing mechanisms and zoning densities were discussed. A community meeting was held March 19, 2009 to explain in more detail all zoning options, financing, and a community survey to be mailed following the meeting. The survey was mailed to property owners and residents on March 31, 2009. The survey clearly indicated that there is not support for a CFD for roadway improvements (57% of owners and 83% of registered voters within the CFD boundary would not support). The survey did not clearly reveal an overwhelming decision on preferred zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55 residents attended to inform the residents of the survey responses and discontinue this work effort. The residents requested the opportunity to conduct their own follow up survey to determine if a majority could agree on a zoning preference for the area, but staff has yet to receive any results. Staff finalized and posted on the website the revisions to the Dirt Road Policy to allow more leniency for additions and replacement of existing residences. A hydrology study was completed in September, providing a mapped boundary of properties impacted by the 100 -year floodplain. Staff is currently working to complete the roadway design and traffic study. No additional technical studies /consultant work will be completed.. (PETERS /KITZEROW) 1 -15 Interregional Partnership (IRP) Staff is working with WRCOG, SCAG, RCTC; RTA, SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on a Smart Growth Concept Map, which will coordinate land use and transportation decisions to accomplish the goals of SB 375 and AB 32. Staff is drafting final responses for the place type descriptions and place type boundaries and determining state at which progress has been made toward achieving the objectives of each place type. (WEST /INNES) City Sustainability Plan Staff continues with the preparation of the draft Sustainability Plan by focusing on the Green House Gas Emissions Inventory (explained below) and the development of the Energy Efficiency and Conservation Block Grant. Delays with the completion of this Plan are attributed to shifting priorities, opportunities and mandates as further described: Energy Efficiency and Conservation Block Grant The City was awarded the initial grant award amount of $250,000 on September 24, 2009. The total dollar amount available to the City is $940,700. In order to access the remaining grant funds, staff must prepare an energy efficiency and conservation strategy. Staff is currently developing the strategy and has identified the following three programs activities that will be incorporated into the Energy Efficiency and Conservation Strategy: 1) Adaptive Traffic Signal Synchronization System Program, '2) Municipal Facilities Energy Management and Retrofit Program, and 3) Residential Energy Efficiency Retrofit Program. (WEST) The green house gas (ghg) inventory emissions analysis kick -off meeting was held on July 14, 2009. Representatives from City Departments as well as representatives from our utility companies and outside agencies attended the meeting. The committee selected 2007 as the base year for ghg emissions inventory analysis. There are two separate inventories being prepared; 1) a municipal operations inventory and 2) a communitywide inventory. Staff is working through each of the Departments to obtain data for the municipal operations inventory, and working with the utility companies and water agencies for the communitywide inventory. Staff has received the majority of the data necessary for the municipal operations. Obtaining the data necessary for the communitywide analysis from the utility companies took longer than anticipated due to customer confidentiality and how the data is maintained by the utility companies. Once the ghg inventory is complete, the next step will be to develop a climate action plan and incorporate the findings into the Sustainability Plan. (WEST) Energy Efficiency Loan Program Staff is currently developing a program which would allow property owners to apply for a low- interest loan for energy improvements that would be paid through property taxes. This program is being modeled after the Palm Desert program as authorized under AB 811. The draft Administrative Guidelines and loan documentation has been prepared and staff is now identifying eligible improvements for the program. Additionally, staff is working with the Redevelopment Agency to make energy efficiency improvements an available component of the Home Improvement Program and with Western Riverside Council of Governments on a regional approach to an AB 811 program. Staff will bring a resolution forward to the City Council on November 24, 2009 regarding intent to participate. (WEST) Water Efficient Landscape Ordinance The Water Conservation in Landscaping Act of 2006 (AB 1881) requires local agencies to adopt an updated state model ordinance developed by the Department of Water Resources (DWR), or an equivalent, no later than January 1, 2010. Staff has compared the City's Water Efficient Landscape Ordinance to the State's model ordinance and the County's Water Efficient Landscape Ordinance, and has made revisions as necessary to comply with AB 1881. This item was heard at the Planning Commission on November 4, 2009, and anticipated to be heard by the City Council on December 8, 2009. (WEST) Santa Margarita Area Annexation On November 19, 2008, the Planning Commission recommended approval to proceed with an application to the Riverside County Local Agency Formation Commission to expand the City's Sphere of Influence and annex the Santa Margarita Area consisting of approximately 4,997 acres located immediately southwest of the City. On December 9, 2008, the City Council adopted Resolutions in favor of the Sphere of Expansion and Annexation. The City Council also certified the Environmental Impact Report for this project on December 9, 2008. Staff filed a Sphere of Influence and Annexation application with LAFCO on December 17, 2008. The application was denied by LAFCO on June 4, 2009. Resolutions for denial were adopted by LAFCO on June 25, 2009. The City filed an Application for Reconsideration to remove the Liberty Quarry project site (and a few neighboring parcels) from the Annexation proposal and the Reconsideration was denied by LAFCO on September 24, 2009: The Subcommittee is contemplating filing a new Annexation Application to annex the same territory that the City requested to annex at the September 24, 2009 LAFCO Reconsideration Hearing. (LOWREY /RICHARDSON) Liberty Quarry Draft Environmental Impact Report The County of Riverside has released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, settling ponds, truck scales, and truck and equipment parking areas within a 414 acre -site located approximately mile from the City's southwest boundary within the County of Riverside. The public review and comment period was extended 60 days beyond the original commenting deadline. The City is reviewing the Draft Environmental Impact Report and will provide comments to the County of Riverside by November 23, 2009. (LOWREY/WEST /RICHARDSON) Development Code Update Staff is preparing an update of the Development Code with various changes that include: codification of the City's current policy which allows directional signs for colleges and universities; amendment to large family daycares consistent with State Law; removal of granny flats from the code consistent with State Law; updating the square footage allowance for guest houses to be the same as what is allowed for second dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker), minimizing requirements which trigger processing a sign program, and other minor clarifications within the Code. A public hearing is anticipated for Planning Commission on November 18, 2009 and Planning Commission recommendations will be brought forward to the City Council on December 8, 2009. (LOWREY) Old Town Specific Plan Update Staff is working in conjunction with consulting firms Inland Planning +Design and Fehr and Peers (parking and circulation) to prepare an update to the Old Town Specific Plan that addresses the ten goals and recommendations for Old Town presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local Review Board formed a steering committee for the Specific Plan Update currently consisting of Board Members Blair and Moore, with the purpose of this committee being to provide the Old Town Local Review Board with additional opportunities to review and comment on concepts and preliminary plans as the Specific Plan update progresses and for the committee' to report back to the other Board members on the progress of the update. Commissioners Guerriero and Kight are also members of the Steering Committee, which most recently met on November 5, 2009 to review progress on the proposed sign section for the Specific Plan Amendment. An Environmental Impact Report (EIR) is currently being prepared for the project, and staff held a scoping meeting with the community on July 21, 2009 to solicit input on environmental concerns that should be addressed in the EIR. The first draft of the traffic impact analysis for the Specific Plan Amendment revealed the need for additional circulation routes and revised mitigation measures. RK Engineering has revised the traffic impact study to address these items and staff will present the recommended traffic mitigation measures to Council and the community before proceeding with the EIR. Staff has completed the first draft of the Specific Plan Amendment and is making revisions and additions based on comments from the DRC review team. (FISK/INNES /LOWREY) SCAG 2012 RTP The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. Staff attended a meeting with SCAG, Western Riverside Council of Governments (WRCOG) and the Center for Demographic Research (CDR) in August 2009 to review the schedule and process for the update. The RTP will include a Sustainable Communities Strategy (SCS); a new component to the RTP as a result of the passage of SB 375. Staff will be working with the abovementioned agencies throughout the update process. The first order of business is to review Base Year Conditions and General Plan Based Growth Forecast/Distribution and Land use for 2020 and 2035 (WEST) PA08 -0165 PA09 -0312 PA09 -0083 PA09 -0235 PA09 -0273 PA09 -0278 Planning Agenda Report 10/1/2009 through 10/31/2009 Family Fall Festival TUP Lyndie Lane Major Mod Race for the Cure Rod Run Michael's Temporary Storage ecentlyApproved APN AT &T Wireless 954020005 DANA SCHUMA A Conditional Use Permit/Antenna Facility Application for the construction and operation of one slimline pole and one monopine and associated equipment structure for ATT Wireless on Rancho California Water District property located at 41520 Margarita Road. Submitted Date 7/31/2008 Approved Date Oct 7 2009 APN 921810026 A Major Temporary Use Permit taking place on Saturday October 24 from 12:00 noon to 5 p.m. for a Family Fall Festival /Octoberfest to include food, a live band, children's activities incuding a jumpy house, and pumpkin painting at the Margarita Crossing shopping center generally located on the northeast corner of Nicole Lane and Overland Drive. Alcohol will be served inside Wahoo's Fish Tacos as a part of this event. The event number of people anticpated are between 200 -300. Submitted Date 10/19/2009 Approved Date Oct 22 2009 1 of 5 APN 921760015 A Major Modification to an approved Development Plan (PA05 -0305) to reduce the building size from 8,642 square feet to 5,200 square feet located at 29742 Rancho California Road. Submitted Date 3/3/2009 Approved Date Oct 8 2009 APN 910420005 APN 922026008 APN 921260030 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for the Susan G Komen Race for the Cure in /around the Promenade Mall on Sunday, October 18, 2009 from 5:00 a.m. to 4:00 p.m. involving street closures in the morning hours DANA SCHUMA CHRISTINE DAMKO Submitted Date 7/22/2009 Approved Date Oct 12 2009 CHRISTINE DAMKO A Major Temporary Use Permit for the Fall Rod Run located in Old Town Temecula on October 9th and 10th. Street Closures required. Submitted Date 9/3/2009 Approved Date Oct 8 2009 ERIC JONES A Major Temporary Use Permit to allow Michaels Arts and Crafts to place nine 8'x30' enclosed containers off -site for storing storage of holiday merchandise from time of approval to 1/30/10 Submitted Date 9/11/2009 Approved Date TBD PA09 -0279 Midway of Fun Carnival -Mall Planning Agenda Report 10/1/2009 through 10/31/2009 APN 910420005 A Major Temporary Use Permit for Midway of Fun Fall Carnival from November 12 -15 (set -up and breakdown to occur 3 days prior /after event) at the Promenade Mall, 40820 Winchester Road. The carnival will include rides, games and food. No alcohol will be served. The hours for the carnival will be 4 p.m. -10 p.m. on weekdays and 12 noon -10 p.m. on the weekend. The camival will be located in the parking lot of the mall adjacent to Macy's on the west side of the building. Primary access will be via Ynez Road and the Ring Road. The carnival will be secured with a six -foot chain link fence around the perimeter. Submitted Date 9/17/2009 Approved Date Oct 15 2009 PA09 -0281 Chaparral HS Business Expo PA09 -0290 Reliance Church Major TUP 2 of 5 APN 920090005 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for a Business Expo at Chaparral High School located at 27215 Nicolas Road ERIC JONES Submitted Date 9/17/2009 Approved Date Oct 8 2009 APN PA09 -0289 Norris Ranch Pumpkin Patch TUP 959070012 DANA SCHUMA A Major Temporary Use Permit to operate a pumpkin patch at Rancho Community Church October 10 -31, 2009, located at 31300 Rancho Community Way Submitted Date 9/23/2009 Approved Date Oct 8 2009 APN 945110002 ERIC JONES A Major Temporary Use Permit to allow Reliance Church to hold a Harvest Picnic on October 31 from 5 p.m. to 9 p.m. in the parking lot of an existing commercial building at 31217 Pauba Road Submitted Date 9/23/2009 Approved Date Oct 12 2009 Submitted Date DRC Meeting Date Planning Commision 10/6/2008 11/6/2008 Dec 22009 Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6/26/2008 Oct 15 2008 Submitted Date DRC Meeting Date Planning Commision 6/11/2009 7/16/2009 Nov 18 2009 Planning Agenda Report 10/1/2009 through 10/31/2009 dhedulectfor Hearing APN PA08 -0117 T- Mobile Cell Tower Redhawk 962040012 ERIC JONES A Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as three 35' flag poles located 45100 Redhawk Parkway. An equipment enclosure will be incorporated with the project. (Previous Application: PRO7 -0020) Submitted Date 5/22/2008 DRC Meeting Date Planning Commision Nov 18 2009 PA08 -0125 Temecula Village PDO -5 Amends APN 944290012 CHERYL KITZEROW /MATT PETERS A Zoning Amendment to modify PDO -5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a Conditional Use Permit (currently allowed up to 10,000 SF w /CUP). Other changes include reducing landscape buffer /setback along Rancho California Road from 25 to 20 feet and miscellaneous clean -up /references to previous approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road. (Associated projects PA08 -0122 and PA08 -0123 Fresh and Easy DP /CUP) Pending City Council hearing (date to be determined). APN PA08 -0232 TEMECULA CREEK INN WIRELESS 922220003 A Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of six (6) panel antennas, and four (4) equipment cabinets to be located at the Temecula Creek Inn Golf Course, 44501 Rainbow Canyon Road. The antennas are to be attached to a new ninety three (93) foot monopine and the equipment cabinets are to be housed in a new eight (8) foot combo CMU wall and chain link fence. CHERYL KITZEROW /MATT PETERS PA09 -0197 TPC I1 Medical Center DP 3 of 5 APN 910470032 CHERYL KITZEROW /MATT PETERS A Development Plan to construct a 16,229 square foot, two -story medical office building on Pad D within Power Center H, located east of Promenade Mall Loop Road, west of Margarita Road, between North General Kearny and Verdes Lane (Related Case PRO9-0004) PA09 -0308 Planning Agenda Report 10/1/2009 through 10/31/2009 ew ypnlitte Meeting APN Temecula Pedi Cab 922294011 A Major Temporary Use Permit for a pedi -cab service in Old Town. TUP application is for a six -month trial period to start on November 27, 2009 Submitted Date 10/9/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0316 Francescas Italian Kitchen CUP A Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type -47 ABC license) at Francesca's Italian Kitchen located at 31165 Temecula Parkway (Related Case PA09 -0317) Submitted Date 10/27/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0317 Francescas Italian Kitchen PCN A Finding of Public Convenience or Necessity application for a Type -47 license for the sale of beer, wine, and distilled spirits at Francesca's Italian Kitchen located at 31165 Temecula Parkway (Related Case PA09 -0316) Submitted Date 10/27/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0318 Lowe's XMAS tree lot MTUP A Major Temporary Use Permit for a Christmas Tree Lot in the parking lot of Lowe's Home Improvement store located at the southeast corner of Margarita and Winchester Roads, addressed as 40390 Winchester Road. The event will be open from November 18, 2009 thru December 20, 2009, Monday thru Friday 8am to 9pm, and Saturday and Sunday 8am to 8pm Submitted Date 10/27/2009 Anticipated DRC Meeting Date No Hearing Planned TBD APN PA09 -0321 T- Mobile Co- location CUP 945050017 A Conditional Use Permit/Antenna Facility application for T- Mobile to co- locate 12 antennas on a proposed 65 -foot faux bell tower and construct an associated equipment structure at 30470 Pauba Road. (Related PA09 -0298) Submitted Date 10/29/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0324 Enchanted Xmas Trees Major TUP A Major Temporary Use Permit for Enchanted Christmas Trees to operate a Christmas tree lot located in the west lower level parking lot near Macy's at 40900 Winchester Road from November 21st through December 24th Submitted Date 11/3/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA09 -0268 Feduniw Family Day Care Minor 4 of 5 APN 961410030 APN 961010027 APN 910330011 APN 910420005 APN 957550002 CHRISTINE DAMKO DANA SCHUMA DANA SCHUMA CHERYL KITZEROW /MATT PETERS DANA SCHUMA ERIC JONES ERIC JONES A Minor Conditional Use Permit to allow a home -based family day care facility to operate with up to 12 children at 30713 East Gate Parkway Submitted Date 9/2/2009 Anticipated DRC Meeting Date No Hearing Planned TBD PA08 -0143 Planning Agenda Report 10/1/2009 through 10/31/2009 5 of APN 922046018 BAILY'S RESTAURANT BANQUET TUP A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets /events throughout the year within an approximately 2,000 square foot tent on restaurant property. 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