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091112 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 11, 2012 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 12-07 Resolution: 12-65 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Earlene Bundy Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Constitution Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 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, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of August 28, 2012. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of July 31, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2012. 5 Parcel Map 36008 (located at the northwest corner of 2nd Street and Mercedes Street) RECOMMENDATION: 5.1 Approve Parcel Map 36008 in conformance with the Conditions of Approval; 2 5.2 Approve the Subdivision Improvement Agreement and accept the Cash Deposit Agreement for Street Improvements as security for this agreement. 6 Temporary Street Closures for 2012 Autumn Fest Events RECOMMENDATION: 6.1 Receive and file the following proposed action by the City Manager - Temporarily close certain streets for the following 2012 Autumn Fest Events: 'TEMECULA HEALTH & WELLNESS FAIR' `TEMECULA GREEK FESTIVAL' HAWAIIAN FESTIVAL' 'RACE FOR THE CURE' 7 Transportation Uniform Mitigation Fee (TUMF) Amendment and Agreement for the French Valley Parkway/I-15 Overcrossing and Interchange Project RECOMMENDATION: 7.1 Approve, in substantially the form attached, Amendment 1 to the TUMF Reimbursement Agreement, in the amount of $975,752, between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Preliminary Engineering and Environmental Document (PA & ED) Phase (Agreement No. 06 -SW -TEM -1079); 7.2 Approve, in substantially the form attached, the TUMF Reimbursement Agreement, in the amount of $1,674,248, between the Western Riverside County Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Right -of -Way (ROW) Phase (Agreement No. 06 -SW -TEM -1079); 7.3 Authorize the City Manager to execute the Agreements. 8 Plans and Specifications and Authorization to Solicit Construction Bids for Main Street Bridge Replacement Over Murrieta Creek, PW03-05 RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Main Street Bridge Replacement Over Murrieta Creek. 3 9 Acceptance of Improvements and Notice of Completion for the Library Parking Expansion, PW08-07 RECOMMENDATION: 9.1 Accept the construction of the Library Parking Expansion, PW08-07, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Flooring Contract for the Business Incubator and Resource Center, PW12-09 RECOMMENDATION: 10.1 Award a minor construction contract for the flooring work associated with the Business Incubator and Resource Center, PW12-09 to West Coast Flooring Center, Inc. in the amount of $32,100; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,210, which is equal to 10% of the total contract amount; 10.3 Make a finding that the Business Incubator and Resource Center is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 French Valley Parkway Interchange — Funding of City's Obligations under Federal and State Law to Monitor Construction Activities in Order to Protect Cultural Resources RECOMMENDATION: Authorize the expenditure of up to $100,000 to compensate the Pechanga Band of Luiseno Indians for construction monitoring activities performed in accordance with the French Valley Parkway Interchange Project's environmental documents and State and Federal law. 12 Support for HR 5823 (Rep. Gary Miller, R -Diamond Bar) Saving Taxpayers from Unnecessary Real Estate Owned Bulk Sale Programs (at the request of Mayor Pro Tem Nagqar) RECOMMENDATION: 12.1 Adopt a resolution entitled: 4 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HOUSE OF REPRESENTATIVES BILL HR 5823 (REP. GARY MILLER, R -DIAMOND BAR) SAVING TAXPAYERS FROM UNNECESSARY REAL ESTATE OWNED BULK SALE PROGRAMS 13 Support for AB 1098 (Carter, D -Rialto) Vehicle License Fees Allocation (at the request of Mayor Washington) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL AB 1098 (CARTER, D -RIALTO) VEHICLE LICENSE FEES ALLOCATION ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 12-01 Resolution: No. CSD 12-07 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of August 28, 2012. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 25, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 RECONVENE TEMECULA CITY COUNCIL CITY MANAGER REPORT CITY ATTORNEY REPORT Directly following the Regular City Council Meeting, the City Council will convene in Closed Session in the Heritage Conference Room on the first floor of the Temecula City Hall concerning the following matter: Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. al., real party in interest" Riverside County Superior Court No. RIC 1211312. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. ADJOURNMENT Next regular meeting: Tuesday, September 25, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 8 PRESENTATIONS n®� 1p� Hr pa WHEREAS, it is the twenty-fifth anniversary appropriate ceremonies WHEREAS, the embodies the principles WHEREAS, September of the Constitution of the WHEREAS, it is fitting its memorable anniversary, WHEREAS, Public of the United States of Week. NOW, THEREFORE, Temecula, hereby proclaim and ask our citizens to the freedoms guaranteed never be regained. r � }.��.�� . i!yRpLYyj It.� .E o� The PROCLAMATION privilege of the drafting and activities; Constitution of limited government 17, 2012, United States and proper and to the Law 915 guarantees America designating I, Chuck September "Constitution reaffirm the to us through 1PJi City of Temecula and duty of the American people to commemorate the two hundred of the Constitution of the United States of America with and of the United States of America, the guardian of our liberties, in a Republic dedicated to rule by law; and marks the two hundred twenty-fifth anniversary of the framing of America by Constitutional Convention; and to accord official recognition to this magnificent document and patriotic celebrations which will commemorate it; and the issuing of a proclamation each year by the President September 17 through September 23, as Constitution Washington, on behalf of the City Council of the City of 17 through September 23, 2012, to be Week" ideals the framers of the Constitution had by vigilantly protecting this guardian of our liberties, remembering that lost rights may IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eleventh day of September, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET AUGUST 28, 2012 — 7:00 PM 5:30 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels of real properties owned by Front Street Service Station consisting of approximately 1.194 acres for the Interstate 15/State Route 79 South Ultimate Interchange, Project Number PW04-08. The subject properties are commonly known as 44987 Old Town Front Street, City of Temecula, California, and are identified as Riverside County Assessor's Parcel Numbers 922- 210-057, 922-210-058, and 922-210-059. The negotiating parties are the City of Temecula and Front Street Service Station. The City negotiators are Greg Butler and Amer Attar. 2) Public Employee performance evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Chuck Washington Prelude Music: John Shaw Invocation: Pastor Phillip Hoss of New Life Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Veterans Supplemental Support Network Presentation/Plaque of Appreciation Video Presentation of Silver Medal Olympian Sarah Hammer 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Jaime White • Ernie White • Mark Margolin CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of August 14, 2012. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A The following individual addressed the City Council with regard to this item: • Ernie White 2 4 Sponsorship Agreement with Safe Alternatives for Everyone (S.A.F.E.) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION 4.1 Approve the Sponsorship Agreement with Safe Alternatives for Everyone in the amount of $10,000 and approximately $900 of in-kind facility meeting space so that S.A.F.E. can provide the Temecula Valley with quality and needed services for children, youth, and families who have experienced or are at risk of abuse and violence. 5 Hawaiian Festival (at the request of Mayor Pro Tem Naqqar) — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION: 5.1 Approve the Sponsorship Agreement with Our Nicholas Foundation for The Hawaiian Festival event located in Old Town Temecula to benefit the special needs community. 6 Acceptance of certain Public Streets into the City -Maintained System within Tract Map Nos. 30264-2, -12, and -13 — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote showed unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 12-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 30264-2, -12, AND -13) RECONVENE TEMECULA CITY COUNCIL At 7:37 P.M., the City Council convened as the Temecula Community Services District and The Successor Agency to the Temecula Redevelopment Agency. At 7:48 P.M., the City Council resumed with regular business. 3 DEPARTMENTAL REPORTS 13 Planning Department Monthly Report 14 Economic Development Monthly Report 15 Police Department Monthly Report 16 City Council Travel/Conference Report - July 2012 17 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to Closed Session Item No. 1, City Council confirmed the fair market value and authorized staff to make an offer to the property owners. ADJOURNMENT At 7:51 P.M., the City Council meeting was formally adjourned in honor of our Veterans and remembrance of Neil Armstrong, to Tuesday, September 11, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 4 Chuck Washington, Mayor Item No. 3 Approvals City Attorney Chief Financial Officer City Manager M -r• /41t4) CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: September 11, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- 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: 1. Resolution 2. List of Demands RESOLUTION NO. 12- 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 $6,037,987.41. 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 11th day of September, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of September, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 08/16/2012 TOTAL CHECK RUN: $1,000,028.36 08/23/2012 TOTAL CHECK RUN: $4,595,920.09 08/16/2012 TOTAL PAYROLL RUN: $442,029.96 TOTAL LIST OF DEMANDS FOR 09/11/2012 COUNCIL MEETING: $6,037,978.41 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 2,130,524.45 130 RECOVERY ACT JAG FUNDING 567.90 140 COMMUNITY DEV BLOCK GRANT 1,310.19 165 SARDA AFFORDABLE HOUSING 5,268.33 190 TEMECULA COMMUNITY SERVICES DISTRICT 197,604.52 192 TC SD SERVICE LEVEL B 76,088.19 194 TC SD SERVICE LEVEL D 1,749.16 196 TC SD SERVICE LEVEL "L" LAKE PARK MAINT. 12,627.43 197 TEMECULA LIBRARY FUND 4,809.71 210 CAPITAL IMPROVEMENT PROJECTS FUND 3,010,030.84 300 INSURANCE FUND 2,259.51 320 INFORMATION TECHNOLOGY 27,682.12 330 SUPPORT SERVICES 7,576.61 340 FACILITIES 19,716.57 375 SUMMER YOUTH EMPLOYMENT PROGRAM 353.41 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 24,202.56 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 39,660.39 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,203.16 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 894.83 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,541.54 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 218.96 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,022.56 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 482.91 507 SERVICE LEVEL"C "ZONE 7 RIDGEVIEW 708.88 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 165.37 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 64.82 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 522.26 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 70.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 110.47 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,635.64 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 637.99 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 371.88 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 27.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 72.83 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 5,341.77 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 710.73 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 148.19 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 4,130.34 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 142.39 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 264.98 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 2,550.91 525 SERVICE LEVEL"C"ZONE 25 SERENAHILLS 581.81 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.03 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 440.80 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,825.29 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 25.71 $5,595,948.45 001 GENERAL FUND 264,395.62 140 COMMUNITY DEV BLOCK GRANT 1,537.83 165 SARDA AFFORDABLE HOUSING 7,044.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 122,605.98 192 TC SD SERVICE LEVEL B 231.57 194 TC SD SERVICE LEVEL D 2,832.20 196 TC SD SERVICE LEVEL "L" LAKE PARK MAINT. 474.81 197 TEMECULA LIBRARY FUND 919.50 300 INSURANCE FUND 1,455.23 320 INFORMATION TECHNOLOGY 21,854.30 330 SUPPORT SERVICES 4,054.31 340 FACILITIES 9,876.07 375 SUMMER YOUTH EMPLOYMENT PROGRAM 2,375.75 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 87.22 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 58.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 69.43 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.68 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 140.78 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 25.48 507 SERVICE LEVEL"C "ZONE 7 RIDGEVIEW 36.22 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 239.01 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.38 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.76 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.27 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 159.51 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.10 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.69 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.23 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 39.77 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.51 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 147.80 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 79.11 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 214.39 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 362.66 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.64 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.50 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 203.98 525 SERVICE LEVEL"C"ZONE 25 SERENAHILL S 65.75 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.99 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.50 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 300.71 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.12 $442,029.96 TOTAL BY FUND: $6,037,978.41 apChkLst Final Check List Page: 1 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1984 08/14/2012 005460 U S BANK 1985 08/14/2012 005460 U S BANK 1986 08/16/2012 010349 CALIF DEPT OF CHILD SUPPORT 1987 08/16/2012 000246 PERS (EMPLOYEES' RETIREMENT) 1988 08/16/2012 001065 NATIONWIDE RETIREMENT SOLUTION 1989 08/16/2012 000389 NATIONWIDE RETIREMENT SOLUTION 1990 08/16/2012 000283 INSTATAX (IRS) 1991 08/16/2012 000444 INSTATAX (EDD) 1992 08/16/2012 000194 IC MA RETIREMENT -PLAN 303355 153700 08/16/2012 013367 ACTIVE MICRO INC 153701 08/16/2012 004180 ADVISORS MARKETING GROUP, LLC Description Amount Paid Check Total Escrw agrmnt admin exp-W.Crk refunding Admin expense -Crowne Hill CFD 03-1 Support Payment PERS ER Paid Member Contr Payment Nationwide Retirement Payment OBRA- Project Retirement Payment Federal Income Taxes Payment State Disability Ins Payment ICMA Retirement Trust 457 Payment misc tools/equip: pw traffic promotion items:cultural arts prgm 39,660.39 39,660.39 24,202.56 24,202.56 1,176.34 1,176.34 145,322.50 145,322.50 11,891.28 11,891.28 5,998.62 5,998.62 82,592.13 82,592.13 22,902.74 22,902.74 6,619.51 6,619.51 707.29 707.29 2,214.69 2,214.69 153702 08/16/2012 004240 AMERICAN FORENSIC NURSES Aug stand-by fee: Police 1,248.00 (AFN) Jul stand-by fee: Police 1,248.00 153703 08/16/2012 002187 ANIMAL FRIENDS OF THE May -Jun '12 animal control services 20,000.00 VALLEYS 2,496.00 20,000.00 153704 08/16/2012 001323 ARROWHEAD WATER INC Bottled wtr svcs © TES pool 28.84 28.84 153705 08/16/2012 005709 BAMM PROMOTIONAL adult softball awards -2012 W/S Season 4,483.48 4,483.48 PRODUCTS 153706 08/16/2012 010939 CALIF DEPT OF INDUSTRIAL Conveyance inspect fee:theater 125.00 125.00 153707 08/16/2012 009431 CALIF, STATE OF -FRANCHISE SUPPORT PAYMENT 146.41 146.41 TAX Pagel apChkLst Final Check List Page: 2 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153708 08/16/2012 013318 CARDENAS, ROBERT ee computer purchase program 1,029.61 1,029.61 153709 08/16/2012 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 153710 08/16/2012 004405 COMMUNITY HEALTH Community Health Charities Payment 51.00 51.00 CHARITIES 153711 08/16/2012 010331 COOPER, JOSIAH Reimb:day camp supplies 69.76 69.76 153712 08/16/2012 014521 COSTAR GROUP Aug web subscr: eco dev 348.00 348.00 INFORMATION, INC 153713 08/16/2012 001264 COSTCO WHOLESALE Misc supplies:youth services pgrm 43.85 43.85 153714 08/16/2012 010650 CRAFTSMEN PLUMBING & Misc facility maint: Sta 92 397.36 397.36 HVAC INC 153715 08/16/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles:Code Enforce 510.23 510.23 FUELING INC 153716 08/16/2012 003665 EXCEL COMMERCIAL July long distance phone svcs 54.39 54.39 153717 08/16/2012 015060 FALLBROOK CHAMBER performance: hot summer nights 8/17 250.00 250.00 ORCHESTRA 153718 08/16/2012 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 153719 08/16/2012 014167 HELIO POWER, INC. Solar panel maint:parking structure 1,490.00 1,490.00 153720 08/16/2012 015084 HICKS, WAYLON Entertainment:hot summer nights 8/17 500.00 500.00 153721 08/16/2012 002701 HUB INT'L INSURANCE Jul '12 special events premiums 1,210.55 1,210.55 SERVCS INC 153722 08/16/2012 014184 MALCOLM SMITH Vehicle repair& maint:pd 1,213.14 1,213.14 MOTORCYCLES, INC 153723 08/16/2012 004307 MARINE BIOCHEMISTS Jul water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 153724 08/16/2012 005887 MOFFATT & NICHOL 7/2/11-6/30/12 prof srvcs:F.V. Pkwy 35,708.00 35,708.00 ENGINEERS Page2 apChkLst Final Check List Page: 3 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 153725 08/16/2012 002925 NAPA AUTO PARTS 153726 08/16/2012 002139 NORTH COUNTY TIMES Description Amount Paid Check Total Misc auto parts & supplies: Sta 84 111.38 misc auto parts & supplies:pw st maint 26.92 138.30 Jul advertising: hot summer nights 1,012.52 Jul legal advertising: City Clerk/Pln/PW 837.36 153727 08/16/2012 002139 NORTH COUNTY TIMES Jul newspaper subscr:MPSC 28.60 1,849.88 28.60 153728 08/16/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW St Maint 79.37 City Vehicle Maint Svcs:PW St Maint 79.37 City Vehicle Maint Svcs:PW CIP 76.00 City Vehicle Maint Svcs:PW CIP 14.20 City Vehicle Maint Svcs:PW St Maint 816.84 City Vehicle Maint Svcs:PW St Maint 326.92 City Vehicle Maint Svcs:PW NP DES 163.77 1,556.47 153729 08/16/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: Parks 95.00 95.00 153730 08/16/2012 007959 ONEIL SOFTWARE INC RSSQL software license renewal: I.T. 1,266.31 1,266.31 153731 08/16/2012 001171 ORIENTAL TRADING COMPANY Misc supplies:high hopes pgrm 55.50 55.50 INC 153732 08/16/2012 000249 PETTY CASH Petty Cash Reimbursement 506.34 Petty Cash Reimbursement 396.44 902.78 153733 08/16/2012 015178 PINEDA, VERONICA refund:sec dep:rm rental:Harveston 200.00 200.00 153734 08/16/2012 000253 POSTMASTER Express Mail & Postal Svcs 20.10 20.10 153735 08/16/2012 005075 PRUDENTIAL OVERALL Jul uniform/NA rental/flr mats:City 964.11 SUPPLY Jul floor mats & towel rentals:civic 594.68 1,558.79 153736 08/16/2012 008964 PULSIFER, JAMES Entertainment:hot summer night 8/17 750.00 750.00 153737 08/16/2012 004529 QUAID TEMECULA motorcycle repair & maint:police 156.57 156.57 HARLEY-DAVIDSON Pages apChkLst 08/16/2012 10:40:12AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 153738 08/16/2012 000262 RANCHO CALIF WATER DISTRICT 153739 08/16/2012 003591 RENES COMMERCIAL MANAGEMENT 153740 08/16/2012 008812 ROMANO, BEATRICE 153741 08/16/2012 015179 SCHEIBE, JENI 153742 08/16/2012 008529 SHERIFFS CIVIL DIV - CENTRAL 153743 08/16/2012 000645 SMART & FINAL INC 153744 08/16/2012 000537 SO CALIF EDISON 153745 08/16/2012 000519 SOUTH COUNTY PEST CONTROL INC 153746 08/16/2012 006145 STENO SOLUTIONS TRANSCRIPTION 153747 08/16/2012 007698 SWANK MOTIONS PICTURES, INC. 153748 08/16/2012 003599 T Y LIN INTERNATIONAL 153749 08/16/2012 005588 T.V.U.S.D. (Continued) Description Amount Paid Check Total July var water meters:TCSD svc lev C July var water meters:TCSD July var water meters:TCSD & PW July var water meters: Fire Stns July Floating meter-comm:PW July var water meters: PW July var water meters: PW July water meter-comm:28640 Pujol St weed control srvcs:city ROW arterials Performance: hot summer nights 8/17 refund:sec dep:rm rental:Harveston SUPPORT PMT Misc supplies:day camp July 2-01-202-7603:PW:arterial STLT July 2-02-351-5281: CRC July 2-05-791-8807:31587 Tem pkwy LS3 July 2-20-798-3248:42081 Main St July 2-10-331-2153:28816 Pujol St Aug 2-33-777-1950:40135 Village Rd July 2-29-974-7899:26953 Ynez LS -3 July 2-29-479-2981:31454 Tem pkwy TCI July 2-25-350-5119:45602 Redhawk pkwy July 2-30-066-2889:30051 Rancho vista pest control srvcs: various parks pest control services:stn 92 Jul transcription srvcs:Police Movies in the park: cultural arts 7/27 May -Jun consult srvcs:F.V. Pkw/I-15 May -Jun prof srvcs:Wnchstr Rd/I-15 56,038.50 3,262.53 2,215.89 676.30 501.85 374.76 89.55 7.95 5,000.00 400.00 200.00 100.00 125.71 27,807.38 9,759.66 9,669.97 2,261.70 1,481.44 1,065.73 173.89 95.21 23.87 22.97 493.00 42.00 146.02 396.00 235,734.91 125,418.45 63,167.33 5,000.00 400.00 200.00 100.00 125.71 52,361.82 535.00 146.02 396.00 361,153.36 Refund:sec dep:pool rental:CRC 150.00 150.00 Page4 apChkLst Final Check List Page: 5 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153750 08/16/2012 010011 T.V.U.S.D. refund:sec dep:pool rental:CRC 153751 08/16/2012 000305 TARGET BANK BUS CARD SRVCS 150.00 150.00 Misc supplies:Children's Museum 121.97 Misc. supplies:day camp Misc supplies:Children's Museum Misc supplies:children's museum Misc supplies:children's museum Misc. supplies:day camp Misc. supplies:day camp 106.68 102.35 65.35 25.47 13.31 5.59 440.72 153752 08/16/2012 012558 TEMECULA HILLS CHRISTIAN refund:sec dep:picnic rental:RRSP 150.00 150.00 153753 08/16/2012 005318 TEMECULA PLAY & LEARN refund:sec dep:picnic rental:Pala comm 150.00 150.00 SCHOOL 153754 08/16/2012 011736 TEMECULA TROPHY INC Awards & recognition:Wemann/Terrazas 164.86 164.86 153755 08/16/2012 003067 TEMECULA VALLEY R V Veh repair & maint:police trailers 835.08 835.08 SERVICE 153756 08/16/2012 004274 TEMECULA VALLEY SECURITY locksmith srvcs: Harveston Park 20.00 20.00 CENTR 153757 08/16/2012 007433 TOVEY SHULTZ Jun prgss pmt:Roripaugh Ranch Fire Stn 54,585.46 54,585.46 CONSTRUCTION INC 153758 08/16/2012 002110 UNITED RENTALS NORTH misc supplies:pw street maint 41.35 41.35 AMERICA 153759 08/16/2012 000325 UNITED WAY United Way Charities Payment 51.00 51.00 153760 08/16/2012 006257 VACUUM EXPRESS INC Vacuum replacement: Sta 73 584.58 584.58 153761 08/16/2012 005574 VAIL ELEMENTARY PTA refund:sec dep:pool rental:CRC 150.00 150.00 153762 08/16/2012 014848 VALUTEC CARD SOLUTIONS, ShoWare gift card service: Theater 39.16 39.16 LLC 153763 08/16/2012 004789 VERIZON Aug Internet svcs:SW DSL:PD:Jones, C. 39.95 39.95 153764 08/16/2012 004848 VERIZON SELECT SERVICES INC July long distance phone svcs July long distance phone svcs 14.38 13.88 28.26 Pages apChkLst Final Check List Page: 6 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153765 08/16/2012 012292 VIAMEDIA INC ADVERTISING: SPECIAL EVENTS— 2,355.00 2,355.00 153766 08/16/2012 013647 VICAR OPERATING, INC. Veterinary srvcs: Police K-9 190.04 190.04 153767 08/16/2012 009101 VISION ONE INC Jul ShoWare ticketing services: Theater 2,475.40 2,475.40 153768 08/16/2012 001342 WAXIE SANITARY SUPPLY INC cleaning supplies:libr/mpsc/cm/civic 230.08 cleaning supplies:mpsc 197.12 427.20 153769 08/16/2012 000341 WILLDAN ASSOCIATES INC 4/30-6/29/12 svcs:GOHS ped access 12,020.00 12,020.00 153770 08/16/2012 000230 WILLDAN FINANCIAL Jul -Sep assessment eng srvcs:csd 5,628.14 5,628.14 SERVICES 153771 08/16/2012 009512 WUR MS JANITORIAL Aug janitorial services:library 7,283.68 SERVICES, INC 999140 08/09/2012 015166 CARTER, DOROTHY 999141 08/09/2012 015167 LE COMTE, ANN 999142 08/09/2012 015168 DEMERS, CAREY 999143 08/09/2012 015169 DIVINO, NATALIE 999144 08/09/2012 015170 KEEGAN, DANIEL 999145 08/09/2012 015171 KIM, HYUN 999146 08/09/2012 015172 LICITRA, JANET 999147 08/09/2012 012364 MASTERS, TRACY 999148 08/09/2012 015173 MEZA, EMMA 999149 08/09/2012 015174 PREVOST, GERALD 999150 08/09/2012 015175 RICHARDSON, MARIELA Aug janitorial srvcs:pd old town stn 242.25 Jul janitorial srvcs:pd old town stn refund:sec dep:rm rental:Harveston refund:Exploring the world of books refund:Yes, you can paint 1035.201 refund:sec dep:rm rental:Harveston refund:Bear cub univ 4010.201 refund:Teen summer day camp refund:Summer day camp 0405.205 refund:Summer day camp 0405.205 refund:Level 6 swim lessons 5106.502 refund:picnic rental:Margarita comm park refund:Level 4/5 swim lessons 5104.401 242.25 7,768.18 200.00 200.00 40.00 40.00 60.00 60.00 200.00 200.00 312.00 312.00 192.00 192.00 240.00 240.00 120.00 120.00 55.00 55.00 70.00 70.00 45.00 45.00 Pages apChkLst Final Check List Page: 7 08/16/2012 10:40:12AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999151 08/09/2012 015176 ROBERTSON, JAMES refund:Yes, you can paint 1035.201 999152 08/09/2012 015177 VANGELOS, INGRID refund:Summer day camp 0405.204 60.00 60.00 250.00 250.00 Grand total for UNION BANK OF CALIFORNIA: 1,000,028.36 Page:7 apChkLst Final Check List Page: 8 08/16/2012 10:40:12AM CITY OF TEMECULA 94 checks in this report. Grand Total All Checks. 1,000,028.36 Pages apChklst Final Check List Page: 1 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 1993 08/23/2012 000166 FIRST AMERICAN TITLE land acquisition:murr crk br/overland COMPANY Amount Paid Check Total 1,250,826.87 1,250,826.87 153772 08/17/2012 009014 ISMAEL, LUCIO refreshments:Team PACE 8/15 300.00 300.00 153773 08/23/2012 008552 ADKINS DESIGN CONSULTING 12/13 season launch: Theater 6,998.72 Jul graphic design svcs: theater 1,454.63 8,453.35 153774 VOID 153775 VOID 153776 VOID 153777 VOID 153778 VOID 153779 VOID 153780 VOID 153781 VOID 153782 VOID 153783 VOID 153784 VOID 153785 VOID 153786 VOID 153787 VOID Page:1 apChkLst Final Check List Page: 2 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153788 VOID 153789 VOID 153790 VOID 153791 VOID 153792 VOID 153793 VOID 153794 VOID 153795 VOID 153796 VOID 153797 VOID 153798 VOID 153799 VOID 153800 VOID 153801 VOID 153802 VOID Page2 apChkLst Final Check List Page: 3 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 153803 VOID 153804 VOID 153805 VOID 153806 VOID 153807 VOID 153808 VOID 153809 VOID 153810 VOID 153811 VOID 153812 VOID 153813 VOID 153814 VOID 153815 VOID 153816 08/23/2012 014184 MALCOLM SMITH MOTORCYCLES, INC (Continued) Description Amount Paid Check Total Veh repair & maint:police 964.14 Veh repair & maint:police 721.61 Veh repair & maint:police 472.49 Veh repair & maint:police 45.00 2,203.24 153817 08/23/2012 004307 MARINE BIOCHEMISTS Aug water maint srvcs:Harv/Duck Pond 3,900.00 3,900.00 153818 08/23/2012 013219 MATTHIES, FRANK H. Blacksmith demo:history museum 8/2 100.00 100.00 153819 08/23/2012 004894 MICHAEL BRANDMAN 6/1-7/27 biological study:mira /oma apts 4,800.00 4,800.00 ASSOCIATES Page:3 apChkLst Final Check List Page: 4 06/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153820 08/23/2012 012580 MINUTEMAN PRESS Printing srvcs:bldg & safety 189.55 189.55 153821 08/23/2012 014719 MK PRESTIGE BUILDERS, INC. release retention:crc roof renovation 10,868.60 10,868.60 153822 08/23/2012 005887 MOFFATT & NICHOL Jul engineering/const srvcs:french vly 31,075.50 31,075.50 ENGINEERS 153823 08/23/2012 010990 MOORE IACOFANO GOLTSMAN SDSU/Santa Marg Eco Reserve 5,000.00 5,000.00 INC 153824 08/23/2012 001986 MUZAK LLC Sept dish network programing:foc 123.18 123.18 153825 08/23/2012 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Eamings TCSD Instructor Earnings TCSO Instructor Earnings 153826 08/23/2012 015189 NICHOLAS, ANNE refund:prkg cite overpmt 81364 525.00 504.00 336.00 304.00 126.00 45.00 153827 08/23/2012 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pw depts 149.62 DIV Misc office supplies:theater Misc office supplies:childrens museum 153828 08/23/2012 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint 143.52 100.69 694.37 676.42 36.27 1,795.00 45.00 393.83 1,407.06 153829 08/23/2012 001171 ORIENTAL TRADING COMPANY Misc supplies:High Hopes pgrm 195.30 INC Misc supplies:Team PACE pgrm 110.46 305.76 153830 08/23/2012 003663 PECHANGA BAND OF LUISENO Tribal constr monitoring:F.V.Pkwy/I-15 16,691.80 16,691.80 153831 08/23/2012 015192 PENDERGAST, TORIE refund:credit:picnic rental:Harveston55.00 55.00 153832 08/23/2012 002072 RANCHO CALIF WATER RCWD REIMB 6:MADISON AVE 500,000 00 500,000.00 DIST-FEES TRANSMISSION 153833 08/23/2012 000262 RANCHO CALIF WATER Aug var water meters:TCSD svc lev C 27,550.44 DISTRICT July Lndsp water meter:41951 Moraga Aug var water meters:TCSD & PW July Ldnscp water meter:Calle Elenita 1,481.29 387.34 74.70 29,493.77 Page:4 apChkLst 08/23/2012 1:33:40PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 153834 08/23/2012 000947 RANCHO REPROGRAPHICS 153835 08/23/2012 000907 RANCHO TEMECULA CAR WASH 153836 08/23/2012 009725 RAZAVI, MANDIS 153837 08/23/2012 004584 REGENCY LIGHTING 153838 08/23/2012 013632 RELIANCE CHURCH 153839 08/23/2012 003591 RENES COMMERCIAL MANAGEMENT 153840 08/23/2012 000353 RIVERSIDE CO AUDITOR 153841 08/23/2012 000268 RIVERSIDE CO HABITAT 153842 08/23/2012 000406 RIVERSIDE CO SHERIFFS DEPT 153843 08/23/2012 015193 ROBLES, MARIA (Continued) Description Reprographic srvcs:Butterfield Ext Ph II Reprographic srvcs:Butterfield Ext Ph I Reprographic srvcs:F.V.Pkwy Ph I Reprographic srvcs:F.V.Pkwy Ph I Reprographic srvcs:PW CIP Jul City vehicle detailing srvcs:csd/pw TCSD Instructor Eamings electrical supplies: library refund:sec dep/rental:Amphitheater Herbicide application:FVP mitigation Jun '12 prkg citation assessments Jul '12 prkg citation assessments July 2012 K -Rat payment 05/31-6/30/12:law enforcement Jun '12 jail access fee:Police May '12 jail access fee:Police refund:sec dep:rm rental:CRC 153844 08/23/2012 012984 ROTARY CLUB OF OLD TOWN refund:sec dep:rm rental:CRC 153845 08/23/2012 000277 S & S ARTS & CRAFTS INC 153846 08/23/2012 009196 SACRAMENTO THEATRICAL LIGHTING 153847 08/23/2012 015194 SANCHE7, CRYSTAL 153848 08/23/2012 011511 SCUBA CENTER TEMECULA 153849 08/23/2012 006554 SHAFFER, FRED Misc supplies:tiny tot pgrm Misc supplies:csd special events Sound/Lighting Supplies: Theater refund:sec dep:rm rental:Harveston TCSD Instructor Earnings TCSD Instructor Eamings Entertainment:hot summer night 8/24 Amount Paid Check Total 66.55 24.51 17.80 11.85 8.51 21.00 666.40 264.85 489.00 1,475.00 6,013.63 4,668.50 250.00 1,690,583.24 38,278.90 28,821.76 400.00 200.00 132.30 121.42 1,412.32 150.00 1,176.00 28.00 129.22 21.00 666.40 264.85 489.00 1,475.00 10,682.13 250.00 1,757,683.90 400.00 200.00 253.72 1,412.32 150.00 1,204.00 500.00 500.00 Pages apChkLst Final Check List Page: 6 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 153850 08/23/2012 009213 SHERRY BERRY MUSIC Jazz @ the Merc 8/16/12 Jazz @ the Merc 8/9/12 153851 08/23/2012 000645 SMART & FINAL INC Misc supplies:aquatics pgrm Misc supplies:mpsc pgrms 153852 08/23/2012 000537 SO CALIF EDISON Aug 2-01-202-7330:var Allnite LS1 July 2-00-397-5059:Comm Svc Utl July 2-26-887-0789:40233 Village rd PI July 2-27-560-0625:32380 Deerhollow July 2-28-171-2620:40820 Winchester July 2-30-608-9384:28582 Harveston July 2-31-693-9784:26036 Ynez TC1 July 2-30-296-9522:31035 Rancho vist July 2-29-974-7568:26953 Ynez TC1 July 2-28-331-4847:32805 Pauba LS3 July 2-33-237-4818:30499 Rancho Cal July 2-31-419-2659:26706 Ynez TC1 July 2-33-357-5785:44747 Redhawk July 2-30-099-3847:29721 Ryecrest 153853 08/23/2012 001212 SO CALIF GAS COMPANY July 055-475-6169-5:PHBSP Amount Paid Check Total 601.00 262.50 220.08 189.56 863.50 409.64 75,937.15 6,143.43 2,326.34 2,282.81 1,280.39 961.22 364.82 269.24 121.21 104.95 86.01 58.13 27.89 22.16 89,985.75 113.63 113.63 153854 08/23/2012 000519 SOUTH COUNTY PEST Jul pest control srvcs: various 816.00 CONTROL INC pest control srvcs:pbsp 70.00 886.00 153855 08/23/2012 005786 SPRINT Jun 26 -Jul 25 cellular usage/equip 5,377.89 credit: billing adj xxx-9633/eco dev -368.20 5,009.69 153856 08/23/2012 000293 STADIUM PIZZA INC Refreshments:day camp pgrm 8/10 128.27 Refreshments:day camp pgrm 8/7 86.45 214.72 153857 08/23/2012 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 466.20 466.20 153858 08/23/2012 013387 SWEEPING UNLIMITED INC Aug sweeping srvcs: of parking garage 500.00 500.00 153859 08/23/2012 000305 TARGET BANK BUS CARD Misc supplies:day camp 43.14 SRVCS Misc supplies:day camp 30.15 Misc supplies:high hopes pgrm 20.45 Misc supplies:day camp 15.68 Misc supplies:day camp 11.87 121.29 153860 08/23/2012 003677 TEMECULA MOTORSPORTS Veh repair & maint:police 595.30 LLC Veh repair & maint:police 162.38 757.68 153861 08/23/2012 014470 TEMECULA TRITONS refund:sec dep:rm rental:CRC 150.00 150.00 Page apChkLst Final Check List Page: 7 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 153862 08/23/2012 011736 TEMECULA TROPHY INC Description 2012 4th of July parade awards Recognition plaques:aquatics pgrm CSD recognition: J. Stuart CSD prgm/build your own boat award Council chamber name plate: Negron Amount Paid Check Total 447.05 113.14 82.43 43.10 21.55 707.27 153863 08/23/2012 004274 TEMECULA VALLEY SECURITY locksmith services:tcc 40.00 40.00 CENTR 153864 08/23/2012 014265 VAN GONKA, JEFF exhibits & display maint:child museum 8,300.00 8,300.00 153865 08/23/2012 004261 VERIZON July xxx-0074 general usage 2,756.26 Aug xxx-0073 general usage 100.97 2,857.23 153866 08/23/2012 004789 VERIZON Aug Internet svcs: Civic Center 269.99 Aug Internet svcs: Library 174.99 Aug Internet svcs: Theater 134.99 Aug Internet svcs:Tem PD DSL 49.99 629.96 153867 08/23/2012 009031 VYLANI'S POLYNESIAN Entertainment:mpsc event 8/16/12 200.00 200.00 DANCERS 153868 08/23/2012 015187 WANG, YING refund:bldg plan req proc fee 10.00 10.00 153869 08/23/2012 015058 WATER PARK VENTURES, LLC Summer Day Camp Excursion 8/9 2,639.00 2,639.00 153870 08/23/2012 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:civic center 146.37 misc cleaning supplies:var park sites 134.56 280.93 153871 08/23/2012 000339 WEST PUBLISHING CORP 7/5-8/4 judicial updates: City Clerk 353.44 353.44 153872 08/23/2012 013556 WESTERN AUDIO VISUAL 1 yr live meeting streaming:council 2,963.13 2,963.13 153873 08/23/2012 008402 WESTERN RIVERSIDE MSHCP fees:ped/bicycle bridge to CHS 27,507.35 27,507.35 COUNTY 153874 08/23/2012 014781 WILLIAMS ARCHITECTS, INC. JUL DESIGN SRVCS TCC RENOVATION 9,100.00 AUG DESIGN SRVCS TCC RENOVA1 6,500.00 15,600.00 153875 08/23/2012 009512 WURMS JANITORIAL AUG JANITORIAL SRVCS: VAR CITY 11,715.83 11,715.83 SERVICES, INC FAC'S 999153 08/17/2012 015180 TOPETE, MONICA refund:Tennis adult beg -int 1406.203 130.00 130.00 999154 08/17/2012 010993 WEAVER, DANA refund:creditpicnic rental:Meadows park 43.00 43.00 Page:7 apChkLst Final Check List Page: 8 08/23/2012 1:33:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 999155 08/17/2012 015181 MAMARIL, DANIEL refund:sec dep:rm rental:Harveston 200.00 200.00 999156 08/17/2012 015182 NORWOOD, PAMELA refund:sec dep:rm rental:Harveston 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 3 , 817 , 664.29 Page:8 apChkLst Final Check List Page: 9 08/23/2012 1:33:40PM CITY OF TEMECULA 109 checks in this report. Grand Total All Checks: 3,817,664.29 Page apChkLst Final Check List Page: 1 08/23/2012 4:33:01PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 153876 08/23/2012 004802 ADLERHORST INTERNATIONAL K9 tm Agitator Course 8/16-17 150.00 150.00 INC 153877 08/23/2012 011961 AT&T MOBILITY July Trip wire:Graffitti:Police 130.02 130.02 153878 08/23/2012 014377 ATYIM, TAMMY, A. TCSD Instructor Eamings 962.50 962.50 153879 08/23/2012 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,638.00 TCSD instructor earnings 735.00 TCSD instructor earnings 567.00 2,940.00 153880 08/23/2012 012583 BLANCA Y PRICE Jul landscape insp: Planning 7,170.00 7,170.00 153881 08/23/2012 015190 BOYSON, WILLIAM refund:prkg cite viol. dismissed 81003 305.00 305.00 153882 08/23/2012 006908 C C & COMPANY INC performances: hot summer nights 1,375.00 1,375.00 153883 08/23/2012 001035 C R & R INC trash svcs: 27498 W Enterprise 256.74 256.74 153884 08/23/2012 000647 CALIF DEPT OF CONSUMER engAnd sry Iicense:Charette, Steve 115.00 AFFAIRS eng license: Hannah-Meistrell, K 115.00 230.00 153885 08/23/2012 004248 CALIF DEPT OF Jul fingerprinting svcs: police 3,654.00 JUSTICE-ACCTING DUI & drug screens: police 1,015.00 4,669.00 153886 08/23/2012 015134 CAMPBELL&ASSOCIATES entertainment: hot summer nights 700.00 700.00 153887 08/23/2012 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,528.72 1,528.72 153888 08/23/2012 009028 COMMUNICATIONS USA INC misc stage supplies: Theater 299.93 299.93 153889 08/23/2012 000442 COMPUTER ALERT SYSTEMS Jul -Sept alarm monitoring: citywide 5,325.00 5,325.00 153890 08/23/2012 015016 CONELY, CHRISTOPHER refund: security dep TCC rental 150.00 150.00 153891 08/23/2012 001923 CONVERSE CONSULTANTS Jun soil/mat testing:pavemnt rehab 4,530.00 4,530.00 153892 08/23/2012 014302 COX, KANAN entertainment: hot summer nights 500.00 500.00 Pagel apChkLst Final Check List Page: 2 08/23/2012 4:33:01PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153893 08/23/2012 010290 CROWNE HILL refund:sec dep:Pool rental:CRC 150.00 150.00 153894 08/23/2012 014580 DANCE THEATRE COLLECTIVE sttlmnt: Avocado Goes Green 8/8/12 640.00 640.00 153895 08/23/2012 004192 DOWNS COMMERCIAL Fuel for City vehicles: TCSD 91.39 91.39 FUELING INC 153896 08/23/2012 002390 EASTERN MUNICIPALWATER Aug water meter:39569 Seraphina rd 434.24 DIST Aug water meter:39656 Diego Dr 359.99 794.23 153897 08/23/2012 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 551.25 AILEEN TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 153898 08/23/2012 011202 EMH SPORTS & FITNESS TCSD instructor earnings INSTITUTE 153899 08/23/2012 000164 ESGIL CORPORATION Jun plan ck svcs: B&S 153900 08/23/2012 003747 FINE ARTS NETWORK sttlmnt: Phantom Jul/Aug'12 153901 08/23/2012 014819 FLATIRON WEST, INC. Jul const: french valley pkwy 153902 08/23/2012 011145 FOSTER, JILL C. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 491.75 406.00 297.50 283.50 252.00 140.00 98.00 2,520.00 1,655.50 1,655.50 3,955.68 3,955.68 20,720.05 20,720.05 664,516.05 664,516.05 1,601.60 1,334.67 1,101.10 4,037.37 153903 08/23/2012 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 8/18 742.50 742.50 153904 08/23/2012 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 700.00 700.00 153905 08/23/2012 014436 GOLDEN ARROW release retention: PW11-05 17,783.50 17,783.50 ENGINEERING, INC 153906 08/23/2012 009608 GOLDEN VALLEY MUSIC Theater Procurement 12/13 11,400.00 11,400.00 SOCIETY 153907 08/23/2012 015195 HELGUERO, GONZALO PEREZ partial refund:sec dep:rm rental:TCC 352.00 352.00 Page2 apChkLst Final Check List Page: 3 08/23/2012 4:33:01PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 153908 08/23/2012 004406 IGOE & COMPANY INC Aug flex benefit plan pmt 200.00 200.00 153909 08/23/2012 006914 INNOVATIVE DOCUMENT Jul copier maint/usage: citywide 4,431.34 SOLUTIONS Jul copier maint/usage: Library 810.74 5,242.08 153910 08/23/2012 014386 INT'L NAMEPLATE U.S., INC city unit decals: Police 422.34 422.34 153911 08/23/2012 015188 JONES TEMECULA refund:overpmt of fees PA12-0128 266.00 266.00 153912 08/23/2012 003046 K F R 0 G 95.1 FM RADIO advertising: hot summer nights 1,330.00 1,330.00 153913 08/23/2012 004905 LIEBERT, CASSIDY & Jul HR legal svcs for TE060-01 60.00 60.00 WHITMORE 153914 08/23/2012 015191 LOMELI, MELODY refund:sec dep:rm rental:TCC 200.00 200.00 153915 08/23/2012 014228 LSK, LLC Sept facility lease:harveston center 4,853.88 4,853.88 153916 08/23/2012 008716 MAGEE, BILL Entertainment:hot summer night 8/24 650.00 650.00 153917 08/23/2012 003782 MAIN STREET SIGNS misc street signs: pw street maint 3,751.32 3,751.32 Grand total for UNION BANK OF CALIFORNIA: 778,255.80 Pages apChkLst Final Check List Page: 4 08/23/2012 4:33:01PM CITY OF TEMECULA 42 checks in this report. Grand Total All Checks. 778,255.80 Page:4 Item No. 4 Approvals City Attorney M'r Chief Financial Officer 1'"- City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Chief Financial Officer DATE: September 11, 2012 SUBJECT: City Treasurer's Report as of July 31, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 2012. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2012. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2012 Investments City of Temecula, California Portfolio Management Portfolio Summary July 31, 2012 City of Temecula 41000 Main Street P.Q. BoX 9033 Temecula, CA, 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 63,426,732.57 63,426,732.57 63,426,732.57 46.30 1 1 0.192 0.194 Retention Escrow Account 6,688,456.10 6,688,456.10 6,688,456.10 4.88 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 36,891,957.45 36,930,650.65 36,891,957.45 26.93 1 1 0.358 0.363 Federal Agency Callable Securities 10,000,000.00 10,138,460.00 10,000,000.00 7.30 1,699 1,01 7 2.071 2.100 Federal Agency Bullet Securities 20,000,000.00 20,203,320.00 19,988,020.00 14.59 1,228 764 1.107 1.123 Investments 137,007,147.12 137,387,620.32 136,995,167.12 100.00% 304 186 0.498 0.505 Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments 1,982,785.63 138,989,932.75 1,982,785.63 1,982,785.63 1 1 0.000 0.000 1,145.83 1,145.83 1,983,931.46 1,983,931.46 139,371,551.78 138,979,098.58 304 186 0.498 0.505 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year 61,881.44 61,881.44 Average Daily Balance 142,316,977.14 142,316,977.14 Effective Rate of Return 0.51% 0.51% Reporting period 07/01/2012-07/31/2012 Run Date: 08/29/2012 -17:35 Portfolio TEME CP PM (PRF_PM1) SymRept6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2012 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 630,355.63 630,355.63 630,355.63 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 525,000.00 525,000.00 525,000.00 0.000 0.000 1 Run Date: 08129!2012 - 17:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2012 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 275,000.00 275,000.00 275,000.00 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 363,318.13 363,318.13 363,318.13 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,120.41 202,120.41 202,120.41 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,291.65 209,291.65 209,291.65 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,110.95 1,104,110.95 1,104,110.95 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,269,773.20 1,269,773.20 1269,773.20 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,946.42 19,946.42 19,946.42 0.020 0.020 0.020 1 136343001-2 RDA 10A-INT1 First American Treasury 07/01/2012 416,348.46 416,348.46 416,348.46 0.020 0.020 0.020 1 136343018-2 RDA 10B CIP2 First American Treasury 1,184,433.83 1,184,433.83 1,184,433.83 0.020 0.020 0.020 1 136343000-1 RDA 106-INT1 First American Treasury 07/01/2012 507,798.22 507,798.22 507,798.22 0.020 0.020 0.020 1 94432360-2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,492.84 440,492.84 440,492.84 0.050 0.049 0.050 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,777.25 202,777.25 202,777.25 0.050 0.049 0.050 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 820,986.65 820,986.65 820,986.65 0.050 0.049 0.050 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,128.04 15,128.04 15,128.04 0.050 0.049 0.050 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 388.94 388.94 388.94 0.050 0.049 0.050 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 864,216.98 864,216.98 864,216.98 0.050 0.049 0.050 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 222,892.98 222,892.98 222,892.98 0.050 0.049 0.050 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 817,776.17 817,776.17 817,776.17 0.050 0.049 0.050 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 337,955.82 337,955.82 337,955.82 0.050 0.049 0.050 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 528,026.37 528,026.37 528,026.37 0.050 0.049 0.050 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 884,465.74 684,465.74 884,465.74 0.050 0.049 0.050 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,191.69 5,191.69 5,191.69 0.050 0.049 0.050 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 141,956.64 141,956.64 141,956.64 0.050 0.049 0.050 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 398.00 398.00 398.00 0.050 0.049 0.050 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.17 368.17 368.17 0.050 0.049 0.050 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 2,249,298.87 2,249,298.87 2,249,298.87 0.050 0.049 0.050 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.04 1,144.04 1,144.04 0.050 0.049 0.050 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,171,639.29 2,171,639.29 2,171,639.29 0.050 0.049 0.050 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 1,397.27 1,397.27 1,397.27 0.050 0.049 0.050 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,517.70 5,517.70 5,517.70 0.050 0.049 0.050 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 95,427.73 95,427.73 95,427.73 0.050 0.049 0.050 1 Run Date: 08/29/2012 - 17:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2012 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 146161001-5 146161001-5 Federated Tax Free Obligations 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 122216008 CITY COP CIP CA Local Agency Investment Fun 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond SYS95453516-1 95453516-1 USBANK Subtotal and Average 61,250,668.70 73,017.47 73,017.47 73,017.47 0.050 0.049 0.050 1 1,658,231.26 1,658,231.26 1,658,231.26 0.050 0.049 0.050 1 07/01/2012 555,997.53 555,997.53 555,997.53 0.050 0.049 0.050 1 195,000.00 195,000.00 195,000.00 0.050 0.049 0.050 1 1,308,787.25 1,308,787.25 1,308,787.25 0.050 0.049 0.050 1 13,126,735.70 13,126,735.70 13,126,735.70 0.050 0.049 0.050 1 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 24,493,505.71 24,493,505.71 24,493,505.71 0.363 0.358 0.363 1 1,573,921.71 1,573,921.71 1,573,921.71 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 290,695.80 290,695.80 290,695.80 0.363 0.358 0.363 1 3,635,551.21 3,635,551.21 3,635,551.21 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 342.83 342.83 342.83 0.363 0.358 0.363 1 0.00 0.00 0.00 0.363 0.358 0.363 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07101)2012 0.00 0.00 0.00 0.000 0.000 1 63,426,732.57 63,426,732.57 63,426,732.57 0.192 0.194 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 228,787.46 228,787.46 228,787.46 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,001.98 600,001.98 600,001.98 0.000 0.000 1 SYSPI aza Pitnr PI aza Pitnr Wells Fargo Bank 07/01/2012 4,000,000.00 4,000,000.00 4,000,000.00 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 1,859,666.66 1,859,666.66 1,859,666.66 0.000 0.000 1 Subtotal and Average 6,676,756.77 6,688,456.10 6,688,456.10 6,688,456.10 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average Run Date: 08/29/2012 - 17:35 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2012 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 316,027.43 316,027.43 316,027.43 0.363 0.358 0.363 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,914,363.78 3,914,363.78 3,914,363.78 0.363 0.358 0.363 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 934,652.68 934,652.68 934,652.68 0.363 0.358 0.363 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.363 0.358 0.363 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.363 0.358 0.363 1 SYSCITY CITY CA Local Agency Investment Fun 19,009,796.84 19,032,982.01 19,009,796.84 0.363 0.358 0.363 1 SYSRDA RDA CA Local Agency Investment Fun 1,738.56 1,740.68 1,738.56 0.363 0.358 0.363 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.363 0.358 0.363 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.363 0.358 0.363 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 1,893.36 1,893.36 1,893.36 0.363 0.358 0.363 1 SYSTCSD TCSD CA Local Agency Investment Fun 12,713,484.80 12,728,990.71 12,713,484.80 0.363 0.358 0.363 1 Subtotal and Average 39,930,686.87 36,891,957A5 36,930,650.65 36,891,957A5 0.358 0.363 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,016,210.00 1,000,000.00 1.400 1.381 1.400 1,591 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,006,000.00 1,000,000.00 1.000 0.986 1.000 1,049 06/16/2015 3134G3PH7 01186 Federal Horne Loan Mtg Corp 02/24/2012 1,000,000.00 1,005,690.00 1,000,000.00 1.000 0.986 1.000 1,484 08/24/2016 3136F9CB7 01086 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,046,020.00 2,000,000.00 4.000 3.945 4.000 222 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,024,680.00 1,000,000.00 4.000 3.945 4.000 238 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,002,920.00 1,000,000.00 1.125 1.110 1.125 854 12/03/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,015,710.00 1,000,000.00 2.125 2.096 2.125 1,451 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,012,450.00 1,000,000.00 1.350 1.332 1.350 1,545 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,008,780.00 1,000,000.00 1.000 0.986 1.000 1,518 09/27/2016 Subtotal and Average 12,483,870.97 10,000,000.00 10,138,460.00 10,000,000.00 2.071 2.100 1,017 Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,020,060.00 997,500.00 2.250 2.284 2.316 362 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,009,970.00 1,000,000.00 2.150 2.121 2.150 187 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,002,850.00 1,000,000.00 1.550 1.529 1.550 75 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,016,760.00 1,000,000.00 1.375 1.356 1.375 558 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,011,050.00 1,000,000.00 0.875 0.863 0.875 730 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,024,170.00 1,000,000.00 1.300 1.282 1.300 1,527 10/06/2016 31331KK5B 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,018,220.00 1,000,000.00 1.050 1.036 1.050 1,181 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,015,450.00 1,000,000.00 0.970 0.957 0.970 1,209 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,240.00 1,000,000.00 0.500 0.493 0.500 485 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,016,330.00 1,000,000.00 1.000 0.986 1.000 1,225 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,010,870.00 1,000,000.00 0.850 0.838 0.850 1,266 01/19/2016 3133XVEM9 01150 Federal Horne Loan Bank 11/04/2009 1,000,000.00 1,004,470.00 1,000,000.00 1.625 1.603 1.625 112 11/21/2012 Run Date: 08/29/2012 - 17:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 2012 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,009,750.00 1,000,000.00 1.125 1.110 1.125 408 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,014,070.00 1,000,000.00 1.000 0.966 1.000 782 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,003,270.00 1,000,000.00 0.520 0.513 0.520 905 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,000,120.00 1,000,000.00 0.400 0.395 0.400 926 02/13/2015 31337BAC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,001,870.00 1,000,000.00 0.500 0.493 0.500 1,024 05/22/2015 313376QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,021,870.00 1,000,000.00 0.900 0.668 0.900 1,335 03/28/2016 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,000,400.00 991,250.00 1.750 2.024 2.052 9 08/10/2012 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,530.00 999,270.00 0.375 0.399 0.404 957 03/16/2015 Subtotal and Average 19,859,081.94 20,000,000.00 20,203,320.00 19,988,020.00 1.107 1.123 764 Run Date: 08/29/2012 - 17:35 Total and Average 142,316,977.14 137,007,147.12 137,387,620.32 136,995,167.12 0.498 0.505 186 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2012 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula SYSFIex Ck Acct Flex Ck Acct Union Bank of California SYSGen Ck Acct Gen Ck Acct Union Bank of California SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 2,910.00 2,910.00 2,910.00 0.000 0.000 1 07/01/2012 29,309.52 29,309.52 29,309.52 0.000 0.000 1 1,943,125.61 1,943,125.61 1,943,125.61 0.000 0.000 1 07/01/2012 7,440.50 7,440.50 7,440.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 1,145.83 Subtotal 1,983,931.46 1,983,931.46 1,145.83 1 Total Cash and Investments 142,316,977.14 Run Date: 08/29/2012 - 17:35 138,989,932.75 139,371,551.78 138,979,098.58 0.498 0.505 186 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund # CITY OF TEMECULA CASH BALANCES AS OF JULY 31, 2012 Fund Name Fund Total 001 GENERAL FUND $ 30,557,746.05 100 STATE GAS TAX FUND 401,545.07 120 DEVELOPMENT IMPACT FUND 5,850,819.26 150 AB 2766 FUND 245,041.28 165 SARDA AFFORDABLE HOUSING 24,849,580.91 170 MEASURE A FUND 5,575,749.77 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,133,468.97 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 57,925.85 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 8,423.95 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 254,590.59 197 TEMECULA LIBRARY FUND 297,164.11 210 CAPITAL IMPROVEMENT PROJECT FUND 13,205,007.32 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,245,908.19 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 936,049.95 277 CFD-RORIPAUGH 26,958,228.89 280 REDEVELOPMENT AGENCY - CIP PROJECT 186,535.94 300 INSURANCE FUND 553,518.60 310 VEHICLES AND EQUIPMENT FUND 1,199,252.16 320 INFORMATION TECHNOLOGY 645,844.19 330 CENTRAL SERVICES 411,615.26 340 FACILITIES 305,172.80 375 SUMMER YOUTH EMPLOYMENT PROGRAM 15,376.23 380 SARDA DEBT SERVICE FUND 3,751,359.79 395 2011 FINANCING LEASE 2001 & 2008 COPS 4.92 460 CFD 88-12 DEBT SERVICE FUND 85,830.91 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,502,135.69 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,952,473.59 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 175,531.74 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,191,458.85 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 913,513.77 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,669,922.22 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 24,981.71 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54,206.15 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 30,342.02 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,307.97 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 17,551.73 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 14,953.57 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 5,780.48 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 53,432.60 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 14,778.08 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7,614.90 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,608.28 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 48,793.31 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 4,625.38 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 5,747.08 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 2,946.80 516 SERVICE LEVEL"C"ZONE 16TRADEWINDS 50,603.84 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,088.10 518 SERVICE LEVEL"C"ZONE 18TEMEKU HILLS 35,453.81 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 54,051.35 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 173,376.27 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 129,933.62 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 1,802.38 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 12,277.24 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 160,804.58 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 37,867.13 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 577.89 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 2,507.77 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 244,150.20 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5,519.76 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,070.96 Grand Total: $ 139,371,551.78 Item No. 5 Approvals City Attorney Chief Financial Officer City Manager Sie-r- 7410 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Parcel Map 36008 (located at the northwest corner of 2nd Street and Mercedes Street) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: 1. Approve Parcel Map 36008 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement Agreement and accept the Cash Deposit Agreement for Street Improvements as security for this agreement. BACKGROUND: Record title interest: 2nd Street Old Town, LLC. Parcel Map No. 36008 proposes to merge six lots into one parcel (0.482 gross acres, 0.480 net acres) for a commercial development. The property covered by this map is located at the northwest corner of 2nd Street and Mercedes Street. Tentative Parcel Map No. 36008 (PA08-0268) was approved by the City of Temecula Planning Director on February 19, 2009 and was valid for three years (expiring on February 19, 2012). The automatic one-year extension, per SB 1185, extended the life of the tentative map to February 19, 2013. The project is conditioned to improve 2nd Street and Mercedes Street along its frontage and is required to install a new sewer line in 2nd Street from the project site westerly to Old Town Front Street. The Owner/Developer is thus required to execute the Subdivision Improvement Agreement and security. The survey monuments for this project have been set. The property owner has met the terms of the Conditions of Approval for map recordation and this map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Reduced Copy of Parcel Map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 36008 DATE: September 11, 2012 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY LABOR & MATERIAL SECURITY Street and Drainage $ 139,500.00 $ 69,750.00 Water - - Sewer $ 18,000.00 $ 9,000.00 TOTAL $ 157,500.00 $ 78,750.00 Monumentation - - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES $ Paid $ Paid Planning Fee $ 353.00 Fire Fee $ 251.00 TCSD Fee $ 171.00 Plan Check Fee $ 2,252.00 Monumentation Inspection Fee $ 332.00 Fees Paid to Date $ 3,359.00 Balance of Fees Due $ 0.00 SHEET 1 OF 2 SHEETS RECORDER'S STATEMENT g�� °d$ 1I P tig o 00 RPS CZ mho M X54 U MARCH 20 Oil ail gig R41gel g 41 z gh U i � $ s w ii R 6 rz 4 s z Ori E >, CLI E 1 (i) J" Lo uooQgh g, Q °r V GTY CLERKS STATEMENT F NOTARY ACKNOWLEDGMENT 4 S g Ek W3 $� 0' Q dg m o x u06 22 010 1 R a 50 g 81 Hg SHEET 2 OF 2 SHEETS J '-.04 s 042, 994 6 a MARCH 2009 DENNIS JANDA, INC. 8 R s 5 0 0 SURVEYOR'S NOTES (.040] Zi 1i Ii h L o ha W g S a s b Z il biV g! @ r ;C I4,_ . t t . c � a a o t bl 1 wl Iii igigi 1 X11 N ; I i Pe We P P II 11111 1 I z pc YY .L37.421.LS QN0.93S ,69'040 3..99,81.1114 3 (.69'OL/ 5Y18Y33 10 SISYB 3.S6,61'.11,N) <RI ,60'040 8.91.60 00N> 4 (.001J Z0'000 1 8.96.Bi✓114 (,091) .07'001 8.99,81.114I 0 (.091] —1J071_ 3.36.00.00)1 Loon .1 ,91,o0I 3.90.80✓ .'fib IC 1 a - F (.041) I I _1__, 1 1 <RI10'040 -j .90'049 ?® .133N.LS O2()H.L 3.90,08.0114> 3. 0.00✓9N 3 J L Item No. 6 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Temporary Street Closures for 2012 Autumn Fest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Receive and file the following proposed action by the City Manager - Temporarily close certain streets for the following 2012 Autumn Fest Events: TEMECULA HEALTH & WELLNESS FAIR' TEMECULA GREEK FESTIVAL' `HAWAIIAN FESTIVAL' 'RACE FOR THE CURE' BACKGROUND: Four special events scheduled during the months of September and October 2012 necessitate the physical closure of all or portions of certain streets within the Old Town area and surrounding the Promenade Mall. The closures are necessary to facilitate the events and to protect participants and viewers. The four events and the associated street closures are as follows (see attached Exhibits): 1. TEMECULA HEALTH & WELLNESS FAIR - September 29th The Health & Wellness Fair is a health awareness outreach to the general public and will include 30 vendors, a mobile hospital and a mobile memory lab. This is a city event put on by the Community Services Department. The Fair will be held in the Old Town Square on Saturday, September 29th and will require street closures hours from 7:00 am to 4:00 pm. The street closures is as follows: a. Mercedes Street — between Main Street (westerly 'Y') and Third Street. Mercedes Street traffic will be detoured around the event via Main Street (westerly 'Y') and Third Street. 2. TEMECULA GREEK FESTIVAL - October 6th and 7th The Temecula Greek Festival event at the Town Square will consist of Greek food, culture, dancing and entertainment. This festival necessitates the closure of Main Street ('Y' portion) between Old Town Front Street and Mercedes Street. For set-up and take-down purposes, the festival will require street closures from 5:00 pm Friday, October 5th to 9:00 pm Sunday, October 7th The street closures are as follows: a. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; b. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Streets. 3. HAWAIIAN FESTIVAL — October 20th The Hawaiian Festival event at the Town Square will consist of music and dance performances by Hawaiian artists, lessons in hula and ukulele for children, and food and craft vendors. For Set-up and take-down purposes, the festival will require street closures from 7:00 am to 11:00 pm Saturday. The street closures are as follows: a. Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street; b. Mercedes Street — Fourth Street to Third Street. Mercedes Street traffic will be detoured around the event via Third and Fourth Streets. 4. RACE FOR THE CURE - October 21St The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in order to hold the Inland Empire Race for the Cure event on Sunday, October 21, 2012, within and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The affected public streets, including Winchester Road and Margarita Road, will require partial closures on the event date. Certain private roads including the Mall Ring Road will also be partially or fully closed for the event. Provisions for traffic movement along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route starts on the Mall Ring Road between Macy's North and JC Penny; and then, proceeds as follows: East on Mall Ring Road; North on Promenade Mall West; East on Winchester Road; South on Margarita Road; West on Nicole Lane; East on Overland Drive; North on Margarita Road; West on North General Kearney Road; North on Mall Ring Road, to the finish line located in the parking lot at JC Penny. All north and south bound lanes of Margarita Road between North General Kearney Road and Overland Drive will be closed to traffic to allow for adequate space for participants to maneuver back north on Margarita Road (all as shown on the approved detour route attached). Georgetown Lane access to Margarita Road will be closed. Residents living in the Woodcrest development that normally use Georgetown Lane to exit their neighborhood will be detoured to Solana Way via Rycrest Drive. Vehicular access to southbound Margarita Road from North General Kearney Road will be prohibited. Residents and church parishioners from the Campos Verdes neighborhood will still have northbound access to Margarita Road. Affected residents and churches within the Woodcrest and Campos Verdes will be notified by mailings of the detours. Event organizers will be available to respond to any resident concerns or questions. The following summarizes the extent of street closures for Sunday October 21, 2012. The road closures are from 5:00 am to 4:00 pm: a. Winchester Road — Winchester Road between Ynez Road and Margarita Road will be partially closed. The two eastbound lanes closest to the south curb will be closed. b. Margarita Road - Margarita Road between Winchester Road and Solana Way will be partially closed. The two southbound lanes will be closed. The portion of Margarita Road between North General Kearney Road and Overland Drive will be fully closed. c. Overland Drive — Overland Drive between Margarita Road and Nicole Lane will be closed. d. Nicole Lane — West and northbound Nicole Lane lanes will be closed. e. N. General Kearney Road — (Private portion) — N. General Kearney Road between Margarita Road and the Mall Road will be closed to traffic access from Margarita Road. f. Mall Ring Road (Private Street) — All lanes of the Mall Ring Road between North General Kearney Road and Promenade Mall West will be closed for the event. g. Campos Verdes Lane (Private Street) — All lanes of Campos Verdes Lane between Margarita Road and the Mall Road will be closed. h. Promenade Mall East (Private Street) — All lanes of Promenade Mall East between Winchester Road and the Mall Road will be closed. i. Promenade Mall West (Private Street) — All lanes of Promenade Mall West between Winchester Road and the Mall Road will be closed for the event. j. Georgetown Lane Access to and from Margarita Road for Georgetown Road will be closed. The basic race course is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solaria Ridge Apartments. The approved traffic control plan is on file with the Director of Public Works and available for review. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: City support costs (including those for the street closure) for the Temecula Greek Festival are estimated at $780 and will be paid by the event promoter along with any facility rental fees. The Susan G. Komen Race for the Cure and the Hawaiian Festival are City sponsored events and support costs are appropriately budgeted within the City's operating budget. The Temecula Health & Wellness Fair is a City of Temecula staffed event, costs to support the event have also been appropriately budgeted. Attached are special event worksheets related to these three special events. ATTACHMENTS: 1. Health & Wellness Fair Exhibit 2. Temecula Greek Festival Exhibit 3. Hawaiian Festival Exhibit 4. Race for the Cure Exhibit (two) 5. Support Cost Worksheets HEALTH & WELLNESS FAIR - STREET CLOSURE 2012 (MERCEDES STREET) STREET CLOSURE GREEK FESTIVAL - STREET CLOSURE - 2012 (MAIN STREET AND MERCEDES STREET) STREET CLOSURE HAWAIIAN FESTIVAL - STREET CLOSURE 2012 (MAIN STREET AND MERCEDES STREET) STREET CLOSURE SUSAN G. KOMEN RACE FOR THE CURE "10 FI rgtHARC (0111101. ONUS SO 9900010 CiFt. * AA ( 9 ana . 04000. 1 SDC O WM9naip1 S NS 001. 0. MSC.. �K wMan I0CiMR /1004.11 ro SM. pM10A(CSUM41 Dt.p�m RBCO •ALo�.:124s1eO`.ALK C{vto N01t K10IR01RSb ":.iuw .9.P'o'.oAgr/ G B"'�s sYs*.iav Sao o7".74212"1=117*' 1• COCKS .1K•.ft Bum CO Dunn OA. 10010.. MOS , 1 q* 119* 10.00x' FMA FS FA SE Dg110 24 OF 1CO. CI S•SSYAVMS 10 MOWS 004 01 100.07 •t AL. 0.104110010 SSDD01[��pAlkpy�OF SBQ�9pBVB RNt6 OM1 N 1Di1Bf. 4l lY1C Xw4 SOV M ON 10 CPn11T 101 Fool t �Ut (1110•44.07 OMA. 17010. ▪ •4B1i.S�..AS 91111 K 4o/RD 9•4. PAR NV IN• MISC. KV n .0.11. 4 ALSO K SOF. 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KOMEN RACE FOR THE CURE IRAIMCCONTIAOLN,N 2 w.wara Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSIIEET Temecula Health & Wellness Fair Saturday, September 29, 2012 9:OOam- 1:OOpm Civic Quad, Town Square Park, Conference Center Description of Service DIRECT COSTS - Add additional lines for each vendor/consultant If Non City Facility - Facility Rental Costs Including all Related Charges Advertising/Promotions Entertainment (DJ, Band, Clown, etc...) Consultant (Instructor, Facilitator, etc...) Equipment Rental Printing/Copy Services (Outside Service) Event Supplies Purchased for Event Event Refreshments Total Direct Costs Budget Actual Under/(Over) $ $ - $ 200.00 200.00 3,169.50 3,169.50 1,020.00 - 1,020.00 4,389.50 - 4,389.50 INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) $ 300.00 $ - $ 300.00 Room Set Up/Clean Up Fee (If Applied for City Facility) Kitchen Rental Fee -Group 4 3hr. Minimum - - Printing/Copy Services (In House) - Advertising/Marketing/Promotions from Existing Contract or - - Event Supplies Taken From Existing Stock (Use Current Purchase Price) Total Indirect Costs STAFFING COSTS/SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) 300.00 - 300.00 $ 1,584.99 $ 312.30 Total Staffing /Support Costs 1,897.28 Total Costs $ 1,584.99 312.30 1,897.28 6,586.78 - 6,586.78 REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) Additional Sale Items (One Line Per Item - ie food, booth rental, 1,250.00 - 1,250.00 Donations of Proceeds (Subtracted from Revenue) - Total Revenue 1,250.00 - 1,250.00 Total Subsidy Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee Prepared By: Date: Reviewed By: Date: Dawn Adamiak September 6, 2012 R:\ADAMIAKD\Special Events\Health Fair\2012\Event Planning WorksheetSummary 5,336.78 - 5,336.78 1,500 - 1,500.00 3.56 - 3.56 Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Komen Race for the Cure Sunday, October 21, 2012 7:OOam-10:OOam Promenade Mall Description of Service DIRECT COSTS - Add additional lines for each vendor/consultant If Non City Facility - Facility Rental Costs Including all Related Charges Advertising/Promotions Entertainment (DJ, Band, Clown, etc...) Consultant (Instructor, Facilitator, etc...) Equipment Rental Printing/Copy Services (Outside Service) Event Supplies Purchased for Event Event Refreshments Total Direct Costs INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) Room Set Up/Clean Up Fee (If Applied for City Facility) Kitchen Rental Fee -Group 4 3hr. Minimum Printing/Copy Services (In House) Advertising/Marketing/Promotions from Existing Contract or Event Supplies Taken From Existing Stock (Use Current Purchase Price) Total Indirect Costs STAFFING COSTS/SUPPORT (Automatically Entered) TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) Budget Actual Under/(Over) 2,000.00 13,000.00 Total Staffing /Support Costs 15,000.00 Total Costs 15,000.00 REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) Additional Sale Items (One Line Per Item - ie food, booth rental, Donations of Proceeds (Subtracted from Revenue) Total Revenue Total Subsidy 15,000.00 Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee Prepared By: Date: Reviewed By: Date: Dawn Adamiak September 6, 2012 C:\Documents and Settings\Dawn.Adamiak\Desktop\KomenSummary 1,500 10.00 $ 2,000.00 13,000.00 15,000.00 15,000.00 15,000.00 1,500.00 10.00 Event Name: Date(s) of Event: Event Times (##:##-##:##): Event Location: TEMECULA COMMUNITY SERVICES DISTRICT EVENT/ACTIVITY PLANNING WORKSHEET Greek Festival October 6 & 7, 2012 Sat. 11:00am-10:00pm Sun. 11:OOam-9:OOpm Conference Center, Civic Quad, Town Square Park Description of Service DIRECT COSTS - Add additional lines for each vendor/consultant If Non City Facility - Facility Rental Costs Including all Related Charges Advertising/Promotions Entertainment (DJ, Band, Clown, etc...) Consultant (Instructor, Facilitator, etc...) Equipment Rental Printing/Copy Services (Outside Service) Event Supplies Purchased for Event Event Refreshments Total Direct Costs Budget Actual Under/(Over) $ $ $ INDIRECT COSTS City Facility Rental Rate -Group 4 3hr. Minimum (Highest Use) $ 1,050.00 $ Room Set Up/Clean Up Fee (If Applied for City Facility) Kitchen Rental Fee -Group 4 3hr. Minimum 50.00 Printing/Copy Services (In House) Advertising/Marketing/Promotions from Existing Contract or Event Supplies Taken From Existing Stock (Use Current Purchase Price) Total Indirect Costs 1,100.00 STAFFING COSTS/SUPPORT (Automatically Enteredl TCSD Staff (From TCSD Staff Costs Worksheet) IT Staff (From IT Staff Costs Worksheet) Public Works Staff (From PW Staff Costs Worksheet) Public Safety Staff (From Public Safety Staff Costs Worksheet) $ 414.50 $ 365.50 Total Staffing /Support Costs 780.00 Total Costs 1,880.00 REVENUE Ticket Sales from Special Event/Activity (Number of Participants x Fee) Additional Sale Items (One Line Per Item - ie food, booth rental, Donations of Proceeds (Subtracted from Revenue) Total Revenue $ - $ Total Subsidy 1,880.00 Number of Attendees (Not to Exceed Room Capacity) Cost per Attendee #DIV/0! Prepared By: Date: Reviewed By: Date: R:\ADAMIAKD\Permits\Greek Festival\Event Planning WorksheetSummary Item No. 7 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r - go CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Transportation Uniform Mitigation Fee (TUMF) Amendment and Agreement for the French Valley Parkway/I-15 Overcrossing and Interchange Project PREPARED BY: Julie Dauer, Sr. CIP Specialist RECOMMENDATION: 1. Approve, in substantially the form attached, Amendment 1 to the TUMF Reimbursement Agreement, in the amount of $975,752, between the Western Riverside Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Preliminary Engineering and Environmental Document (PA & ED) Phase (Agreement No. 06 - SW -TEM -1079; 2. Approve, in substantially the form attached, the TUMF Reimbursement Agreement, in the amount of $1,674,248, between the Western Riverside County Council of Governments (WRCOG) and the City of Temecula for the French Valley Parkway/I-15 Overcrossing and Interchange — Right -of -Way (ROW) Phase (Agreement No. 06 -SW -TEM -1079); 3. Authorize the City Manager to execute the Agreements. BACKGROUND: The proposed French Valley Parkway/I-15 Overcrossing and Interchange project includes the construction of a new freeway interchange, auxiliary lanes, and collector/distributor system between the existing Winchester Road Interchanges and the 1-15/1- 215 junction on the border of the cities of Temecula and Murrieta. The project is recognized in the current 2012 Southwest Zone 5 -Year Transportation Improvement Program (TIP) as a TUMF funded project. On September 14, 2010, the City Council approved a TUMF agreement with WRCOG in the amount of $2,650,000 for the PA & ED Phase. The PA & ED Phase of work has since been completed with a TUMF savings of $1,674,248. As a result, we are requesting that WRCOG transfer the TUMF savings currently obligated in the PA & ED Phase to fund necessary right-of- way (ROW) acquisition costs. The attached Amendment 1 will amend the original PA & ED Agreement from $2,650,000 to an amount not to exceed $975,752 and make available $1,674,248 for the ROW Phase of work. The attached TUMF Reimbursement Agreement for the French Valley Parkway/I-15 Overcrossing and Interchange — Right -of -Way (ROW) Phase, in the amount of $1,674,248, will incorporate the savings realized in the PA & ED Phase and provide the necessary funding for eligible project expenses associated with ROW acquisition and utility relocation as identified in the TUMF Zone Project Nomination Form previously submitted to WRCOG as part of the Administrative Update for the Southwest Zone TIP. The Amendment 1 and TUMF Reimbursement Agreement were approved by WRCOG at their Executive Committee meeting on September 10, 2012. FISCAL IMPACT: Upon City Council approval of Amendment 1 and the Reimbursement Agreement, the City may submit invoices to WRCOG for the reimbursement of TUMF funds up to $1,674,248 for costs associated with the ROW Phase of the French Valley Parkway/I-15 Overcrossing and Interchange Project. The agreements will not change the overall amount of TUMF funds currently obligated or programmed for this project per the WRCOG 2012 Southwest Zone 5 -Year TIP and the City of Temecula's Capital Improvement Program — FY2013-2017. ATTACHMENTS: 1. Amendment 1- PA & ED Phase — (06 -SW -TEM -1079) 2. Reimbursement Agreement — ROW Phase(06-SW-TEM-1079) 06 -SW -TEM -1079 AMENDMENT 1 TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT French Valley Parkway/I-15 Overcrossing and Interchange Project (PA&ED) THIS AMENDMENT 1 ("Amendment 1") is entered into this day of , 2012, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG"), a California joint powers authority, and the CITY OF TEMECULA ("Jurisdiction"). WRCOG and Jurisdiction are sometimes referred to individually as "Party" and collectively as "Parties." RECITALS A. WRCOG and Agency have entered into an agreement titled "Transportation Uniform Mitigation Fee Program Agreement," dated September 14, 2010 ("Agreement"). B. WRCOG and Agency have entered into an Amendment 1 to the Agreement, dated ("Amendment 1"). C. The Agreement, as amended by Amendment 1, sets forth the terms and conditions, scope of work, schedule and funding amounts for the delivery of French Valley Parkway/I-15 Overcrossing and Interchange (PA&ED)" a Qualifying Project, which includes funding for the PA&ED Phase of the Project, as those terms are described in the Agreement. The Funding Amount specified in the Agreement is being amended to match the funding amounts shown in the current 2012 Southwest Zone 5 -Year Transportation Improvement Program (TIP) Zone 5 -year Transportation Improvement Plan (TIP) for this Project. Page 1 of 6 20323.00004\7520979.3 06 -SW -TEM -1079 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the 1. The Funding Amount contained in Section 2 of the Agreement is amended from Two Million, Six Hundred Fifty Thousand Dollars ($2,650,000) to a revised amount not to exceed Nine Hundred Seventy -Five Thousand, Seven Hundred Fifty -Two Dollars ($975,752). 2. The foregoing modification of the Funding Amount is within the Maximum TUMF Share. 3. Exhibit "A-1" Estimate of Cost attached to the Agreement, as amended by Amendment 1, is hereby deleted in its entirety and replaced with Exhibit "A-1" Estimate of Cost, attached hereto and hereby incorporated by reference into the Agreement. 4. The Agreement is hereby amended to add the following provision as a new Section 39: 39. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 5. The above -stated Recitals are hereby fully incorporated into this Amendment 1. 11. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto. Page 2 of 6 20323.00004\7520979.3 [Signatures on Following Page] Page 3 of 6 20323.00004\7520979.3 06 -SW -TEM -1079 06 -SW -TEM -1079 IN WITNESS WHEREOF, the Parties have caused this Amendment 1 to the Agreement (Agreement) to be executed by their duly authorized representatives to be effective on the day and year first written above. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS RECOMMENDED FOR APPROVAL: By: By: RICK BISHOP ROBERT C. JOHNSON Executive Director City Manager APPROVED AS TO FORM: By: STEVEN C. DEBAUN General Counsel 20323.00004\7520979.3 ATTEST: By: SUSAN W. JONES, MMC, City Clerk APPROVED AS TO FORM: By: Page 4 of 6 PETER M. THORSON City Attorney DB 06 -SW -TEM -1079 EXHIBIT "A" SCOPE OF WORK DESCRIPTION AND SCOPE OF WORK: Unchanged Page 5 of 6 20323.00004\7520979.3 06 -SW -TEM -1079 EXHIBIT "A-1" ESTIMATE OF COST =� , H; 111-1 ii' LOCALS TOTAL PA&ED $975,752 $0.00 $975,752 PS&E N/A N/A N/A RIGHT OF WAY N/A N/A N/A CONSTRUCTION N/A N/A N/A TOTAL Phase $975,752 $0.00 $975,752 EXHIBIT "A-2" PROJECT SCHEDULE Unchanged Page 6 of 6 20323.00004\7520979.3 06 -SW -TEM -1079 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS French Valley Parkway/I-15 Overcrossing & Interchange — Right -of -Way (ROW) Phase THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 20, by and between the Western Riverside County of Governments ("WRCOG"), a California joint powers authority and City of Temecula, a California municipal corporation ("Agency"). WRCOG and Agency are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"). B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for the French Valley Parkway/I-15 Overcrossing & Interchange Project (the "Project"), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit A attached hereto and, pursuant to Section 20 below, is subject to modification as requested by the jurisdiction and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows: Page 1 of 23 06 -SW -TEM -1079 1) PA&ED — Project Approvals & Environmental Document 2) PS&E — Plans, Specifications and Estimates 3) RIW — Right of Way Acquisition and Utility Relocation 4) CON - Construction 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed One Million, Six hundred Seventy -Four Thousand, Two Hundred Forty -Eight ($1,674,248), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A". 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. Page 2 of 23 06 -SW -TEM -1079 (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B", attached hereto. (c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG. In the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG. Page 3 of 23 06 -SW -TEM -1079 The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. (Note: For Phase 1 — PA&ED agreements, delete this Repayment Section) 10. Jurisdiction's Local Match Contribution. The Jurisdiction shall provide at least Twenty Million dollars ($20,000,000) of funding toward the Work, as shown in Exhibit "A" and as called out in the Jurisdiction's Project Nomination Form submitted to WRCOG in response to its Call for Projects. (Note: Include this Section only if the Jurisdiction identified Local Match funds in its Project Nomination Form.) 11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 12. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Robert C. Johnson, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY 's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 14. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 15. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. Page 4 of 23 06 -SW -TEM -1079 (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion of segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 18. Indemnification. (a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Page 5 of 23 06 -SW -TEM -1079 Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. Page 6 of 23 06 -SW -TEM -1079 (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 22. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit. 24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 7 of 23 06 -SW -TEM -1079 25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 26. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 27. Time of Essence. Time is of the essence for each and every provision of this Agreement. 28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: If to WRCOG: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Robert C. Johnson Telephone: (951) 694-6425 Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Deputy Executive Director Telephone: (951) 955-7985 Facsimile: (951) 787-7991 Page 8 of 23 06 -SW -TEM -1079 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 33. Integration: Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES. 34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 23 06 -SW -TEM -1079 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Robert C. Johnson Executive Director City Manager Approved to Form: ATTEST: By: Date: By: Date: Steven C. DeBaun Susan W. Jones, MMC General Counsel City Clerk Approved to Form: By: Date: Peter M. Thorson City Attorney DB Page 10 of 23 06 -SW -TEM -1079 EXHIBIT A SCOPE OF WORK The French Valley Parkway/1-15 Overcrossing and Interchange Improvement Project provides for the construction of a new freeway interchange on I-15 between the existing Winchester Road Interchange and the I-15/1-216 junction on the border of the cities of Temecula and Murrieta. This proposal utilizes a partial cloverleaf interchange at French Valley Parkway, with loop on - ramps and direct off -ramps in the northwest and southeast quadrants, and direct on -ramps in the southwest and northeast quadrants. Project Location q3 10 �L q, 'ft f �0, r— -C ,kt i �s Vi o , 4 e '4'Ing Z ,‘.6-'------- 7 y A IC %k'l 4 1 The Scope of Work and TUMF funding under the terms of this Agreement includes Right -of - Way Acquisition (ROW). A detailed scope of work for the remaining project phases is provided as follows: • Plans, Specifications and Estimates (PS&E): UNDER SEPARATE AGREEMENT. Develop topographical maps from aerial photogrammetry and ground surveys. Locate existing utilities and coordinate preparation of relocation/protection plans with utility companies. Conduct subsurface geotechnical investigations and analyses. Perform Exhibit A —1-1 06 -SW -TEM -1079 hydrology/hydraulic studies and structural calculations. Design and prepare the construction Plans, Specifications, and Estimate. • Right of Way (ROW): Develop existing property lines from recorded maps and field surveying. Determine project right of way requirements for acquisitions, easements, temporary construction easements, and impacts to existing improvements. Obtain title reports, perform appraisals, and negotiate settlement. Perform relocation assistance including research for comparable properties and engineering for individual site revision plans and construction. • Construction: Advertise, award, and administer the construction contract. Coordinate utility relocations. Perform Construction Management, Quality Assurance, and Quality Control. Exhibit A — 1-2 06 -SW -TEM -1079 EXHIBIT A-1 ESTIMATE OF COST The funding sources for the French Valley Parkway/I-15 Interchange and Overcrossing are as follows: PHASE Local Agency ($000's) Developer fees/bonds ($000's) State/Fed/ Regional $000's) TUMF Zone ($000's) TUMF Regional ($000's) Total Cost By Phas ($000's) PA &ED $5,126 $976 $6,10 PS&E $500 $8,925 $2,000 $11,425 Right of $6,000 $1,674 ,;70$3,586 40 $21,675WY Construction $92,953 Ilk $14,329 $31,200 *$15,300 $153,7821 Total $102,165 L $6,0000 4 $42,775 $27,715 $192,984 *represents TUMF CETAP funding for Phase 1— replaced TUMF Regional funds Exhibit A — 1-3 06 -SW -TEM -1079 EXHIBIT A-2 PROJECT SCHEDULE PROJECT STATUS / SCHEDULE • Project Approval/Environmental Documents (PA &ED) Phase: - COMPLETED • Plans, Specifications and Estimates (PS&E) Phase: Preliminary Engineering, in the form of the approved Geometric Approval Drawing (GAD), is approximately 30% complete. Horizontal and vertical alignments are locked in. Multi-year design contract was awarded in September 2011. • Right of Way: Development of existing property lines is complete. Based on Preliminary Engineering, approximately 34 properties have been identified which will be impacted by the project. Relocation assistance has been initiated for two properties. • Construction: No construction activities have been initiated. Phase Estimated or Actual Completion Date Project Approval/Environmental Documents (PA & ED) Completed - January 2010 Plans, Specifications and Estimates (PS&E) Estimated: Phase I —December 2011 Phase II — December 2015 Right of Way Estimated: Phase I — December 2011 Phase II — December 2015 Construction Estimated: Phase I — June 2013 Phase ll — June 2017 06 -SW -TEM -1079 Elements of Compensation EXHIBIT "B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit `B-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-2". 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice with in 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "B-4" and "B-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit `B-3". 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B-1 RVPUBIDB ALLIN1742260.5 06 -SW -TEM -1079 "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. Exhibit B-2 RVPUBIDB ALLIN1742260.5 06 -SW -TEM -1079 EXHIBIT "B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of Agency's City Manager [or applicable position] ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. Exhibit B-1-1 RVPUBIDB ALLIN1742260.5 1.1.2.3 Overhead Costs 06 -SW -TEM -1079 The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $ 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [ insert charges Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B-1-2 RVPUBIDB ALLIN1742260.5 06 -SW -TEM -1079 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES sample_] Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The Exhibit B-1-3 RVPUBIDB ALLIN1742260.5 06 -SW -TEM -1079 charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. Exhibit B-1-4 RVPUBIDB ALLIN1742260.5 EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: cc: Name Title Exhibit B-2-1 RVPUBIDB ALLIN1742260.5 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director Attn: Accounts Payable Invoice # For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX -XX -XXX effective Month/Date/Year . Invoice period covered is from Month/Date/Year to Month/Date/Year Total Base Contract Amount: Authorized Extra Work (if Applicable) $000,000.00 $000,000.00 TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: Total Previously Billed: Balance Remaining: $000,000.00 $000,000.00 $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit B-3-1 RVPUBIDB ALLIN1742260.5 EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4-1 RVPUBIDB ALLIN1742260.5 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems None C. Work Planned Next Period Corrective Action None TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit B-5-1 Page 2 of 23 Item No. 8 Approvals City Attorney Chief Financial Officer City Manager M -r - Al -td CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Plans and Specifications and Authorization to Solicit Construction Bids for Main Street Bridge Replacement Over Murrieta Creek, PW03-05 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Main Street Bridge Replacement Over Murrieta Creek. BACKGROUND: On January 13, 2004 City Council approved an agreement with Simon Wong Engineering to design a replacement structure for the existing 67 -year old Main Street bridge spanning Murrieta Creek. Replacement of the existing Main Street bridge structure is a component of Phase II of the overall Murrieta Creek Flood Control, Environmental Restoration and Recreation Project (MCFCERR) for which the U.S. Army Corps of Engineers (Corps) is lead agency. In order to separate the bridge replacement as a component of the Corps' project, and thus expedite construction of the bridge, the City took over as lead agency on the bridge component of the Phase 11 MCFCERR project in 2005. The seven year process to bring the project to construction was a result of the City pursuing the bridge as a stand-alone project, separate from the MCFCERR project, and the additional environmental permitting efforts required. The National Environmental Policy Act (NEPA) document has been finalized and approved by Caltrans. With regard to CEQA, the City utilized as its CEQA document the Environmental Impact Statement/Environmental Impact Report (EIS/EIR) prepared by the U.S. Army Corps of Engineers for the overall Murrieta Creek Flood Control Project and approved by the Riverside County Flood Control and Water Conservation District on January 28, 2003. The following agencies have issued the required permits for the project: California Department of Fish and Game (Streambed Alteration Agreement No. 1600-2010-0106-R06); U.S. Army Corps of Engineers (Nationwide Permit No. SPL -2010 -0775 -CLD); California Regional Water Quality Control Board (Clean Water Act Section 401 Water Quality Certification No. 10C-065); and the Riverside County Flood Control and Water Conservation District (Encroachment Permit No. 7-0-00020-3326). The project will consist of the removal of the existing, seven -span cast -in-place concrete bridge and replacement with a single -span, prefabricated steel truss bridge; construction of street improvements, including sidewalk, curb & gutter, decorative pavement, RCP storm drain, landscaping, and decorative bridge accents including lighting; and installation of scour protection in the creek channel. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. The Engineer's Construction Estimate for the project is $6,200,000. FISCAL IMPACT: The Main Street Bridge Replacement Over Murrieta Creek Project is budgeted within the City's Capital Improvement Program Fiscal Years 2013-17 and is funded by Capital Project Reserves, Development Impact Fees (Street Improvements), and the Federal Highway Bridge Program. There are sufficient funds in the project account 210.165.743 to construct the project. ATTACHMENTS: 1. Project Location 2. Project Description MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Location Aerial Data - March 2010 0 60 120 Feet 240 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) Circulation Project Proiect Description: This project includes the design and construction of a new bridge and approach roadways which meet current safety standards and compatibility with the City's circulation element and the planned Murrieta Creek Improvement Project. The new bridge will meet the United States Army Corps of Engineer's (USACE) Creek Improvement Project needs. The cost will count towards the City's contribution to the USACE Project. Project includes removal of the existing bridge, pavement, curb and gutter, sidewalk and storm drain facilities, and environmental studies and mitigation. Benefit / Core Value: This project improves traffic safety and circulation. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design to replace the existing bridge is complete and environmental clearance has been obtained from the California Department of Transportation (Caltrans). The project is estimated to be complete by December 2013. Department: Public Works—Account No. 210.165.743 Level: I Project Cost: Actuals to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Administration $ 308,460 $ 225,265 $ 533,725 Construction $ 41,729 $6,100,000 $ 6,100,000 Construction Engineering $ 975,063 $ 150,510 $ 150,510 Design $ 698,090 $ 6,047 $ 704,137 MSHCP $ 10,242 $ 294,758 $ - $ - $ - $ - $ - $ 305,000 Totals $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Actua Is Source of Funds: to Date Future Total 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $ 41,729 $ 41,729 DIF (Street Improvements) $ 975,063 $ 526,070 $ 1,501,133 HBP $6,250,510 $ 6,250,510 Total Funding: $ 1,016,792 $6,776,580 $ - $ - $ - $ - $ - $ 7,793,372 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ 10,200 1 $ 10,404 1 $ 10,612 1 $ 10,824 1 $ 11,041 57 Item No. 9 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r - r -o CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for the Library Parking Expansion, PW08-07 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: 1. Accept the construction of the Library Parking Expansion, PW08-07, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On January 10, 2012, the City Council awarded a construction contract to Roadway Engineering & Contracting, Inc. in the amount of $209,236 to complete the Library Parking Expansion, PW08-07. This project added 35 on -street parking spaces to supplement the Temecula Public Library parking lot. Pauba Road was widened by approximately eight feet along the stretches directly adjacent to the library and just east of Fire Station No. 84. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from June 15, 2012, the date the City obtained "beneficial use" of the project improvements. The construction retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Library Parking Expansion, PW08-07 is funded by Development Impact Fees - Library. The base amount of the construction contract was $209,236, three contract change orders were issued in the amount of $20,923.60, which resulted in a total project cost of $230,159.60. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Roadway Engineering & Contracting Inc., 10247 Bellegrave Ave., Suite #122, Mira Loma, CA 91752 to perform the following work of improvement: LIBRARY PARKING EXPANSION Project No. PW08-07 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 11, 2012. That upon said contract the Philadelphia Indemnity Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: LIBRARY PARKING EXPANSION. Proiect No. PW08-07 6. The location of said property is: Pauba Road, Temecula, California. Dated at Temecula, California, this 11th day of September, 2012. City of Temecula Susan W. Jones MMC, City Clerk C \Program Files (x86)1Nleevia.Corn\Document Converter\temp12243.docx Fonn STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA } ) ss I, Susan W. Jones MMC, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of September, 2012. City of Temecula Susan W. Jones MMC, City Clerk C \Program Files (x86)Nleevia.Corn\Document Conveitei\temp12243.docx Fonn Executed in Duplicate CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PB02083300008 Premium included in Performance Bond MAINTENANCE BOND FOR LIBRARY PARKING EXPANSION PROJECT NO. PW08-07 KNOW ALL PERSONS BY THESE PRESENT THAT: Roadway Engineering & Contracting, Inc., 10247 Bellegrave Ave, Suite 122, Mira Loma, CA 91752 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) Philadelphia Indemnity Insurance Company, 251 S. Lake Ave, Suite 360, Pasadena, CA 91101 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of TWO HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY NINE DOLLARS and SIXTY CENTS ($ 230,159.60 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 10th day of January , 2012, a copy of which is hereto attached and made a part hereof for the construction of LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on June 15th , 2012. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB -1 PW08-07 Bid Doc.docx As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 8th day of August , 2012. (Seal) SURETY PRINCIPAL Philadelphia Indemnity Insurance Company Roadway En. • :: g & Contracting, Inc. Pamela McCarthy (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND MB -2 PW08-07 Bid Doc.docx CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 12, 2012, before me, Socorro Alvarez, Notary Public, personally appeared Eric Alvarez, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct SOCORRO ALVAREZ (� Commission # 1887384 t Notary Public - California z z� Riverside County tniu 't My Comm. Expires Apr 27, 2014 Witness my hand and official seal Socorro Alvarez, Notary Publ OPTIONAL Though law does not require the information below, it may prove valuable to persons relying 012 the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Maintenance Bond Document Date: NO. of Pages: Signer(s) Other Than Named Above None Capacity(ies) Claimed by Signer Signer's Name: Eric Alvarez ❑ Individual El Corporate Officer — Title(s): President ❑ Partner - ❑ Limited 7iGeneral ❑ Attorney in Fact ❑ Trustee U Guardian or Conservator U Other: ❑ Signer is Representing: Roadway Engineering & Contracting Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino On August 8, 2012 SS. Personally appeared Pamela McCarthy CYNTHIA J. YOUNG Commission 4t 1982442 Notary Public - California San Bernardino County My Comm. Expires Jul 15, 2016 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /2 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual CI Corporate Officer Title D Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here mipm PHILADELPHIA INSURANCE COMPANIES \ the 14,bc•>1•.n1, t;r"4p PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Jay P. Freeman, Pamela McCarthy, Cynthia J. Young, Laurie B. Druck, Rachelle C. Rheault, Jeri Apodaca and Ronni Abel OF Alliant Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11h day ofJuly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011, President Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18Th day ofJuly 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Noterlel Seel Kimberly A. Keaeteskl, Notary Public Lower Marlon Twp., Montgomery County My Commission Expired Deo, 18, 2012 Member, Pennevivenle Assoclatton of NotarTee 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPA %. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 4611,, S t 20_. 2_ Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE LIBRARY PARKING EXPANSION PROJECT NO. PW08-07 This is to certify that Roadway Engineering & Contracting Inc., (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as LIBRARY PARKING EXPANSION, PROJECT NO. PW08-07, situated in the City of Temecula, State of California, more particularly described as follows: North side of Pauba Road at 30600 Pauba Road INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: J to / ', ti By: CONTRACTOR Signature Brie Alvarez president Print Name and Title RELEASE R-1 PW08-07 Bid Doc.docx JURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 12th day of August, 2012, by Eric Alvarez, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SOCORRO ALVAREZ Commission # 1887384 Notary Public - California z Riverside County My Comm. Expires Apr 2/20_14j Socorro Alvarez, Notary Public OPTIONAL ‘Afx-,0 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Contractor's Affidavit and Final Release Document Date: Number of Pages: Signer(s) Other Than Named Above None Item No. 10 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r- 110 ri CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: Flooring Contract for the Business Incubator and Resource Center, PW 12-09 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: 1. Award a minor construction contract for the flooring work associated with the Business Incubator and Resource Center, PW12-09 to West Coast Flooring Center, Inc. in the amount of $32,100; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,210, which is equal to 10% of the total contract amount; 3. Make a finding that the Business Incubator and Resource Center is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: Staff developed a flooring scope of work for the future Business Incubator and Resource Center that will be housed in the City's vacant Old City Hall building at 43200 Business Park Drive. The scope of this contract is to remove and replace the carpet on the first floor as well as replacing the lobby ceramic tile with sustainable bamboo flooring. Informal bids were solicited from three local vendors; West Coast Flooring Center, Inc., S&S Interiors and Pacific Floor Company. The results were as follows: West Coast Flooring Center, Inc. S&S Interiors, Inc. Pacific Floor Company $32,100.00 $38,572.00 Non Responsive Staff has reviewed the bids and found West Coast Flooring Center, Inc. to be the lowest responsible bidder. West Coast Flooring Center, Inc. has extensive public contracting experience and was the carpeting subcontractor at the Civic Center. Pacific Flooring Company's bid was non-responsive because it was not submitted by the submission deadline. The Business Incubator and Resource Center project consists of improvement to an existing facility within existing property with no new disturbed areas subject to MSHCP fees and therefore the project is exempt per RCA guidelines. FISCAL IMPACT: The Business Incubator and Resource Center is included in the City's FY2013-2017 Capital Improvement Program under Infrastructure Projects and is funded with DIF/ Corporate Facilities funds. There are adequate funds within account 210.165.702 to address the proposed contract. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN CITY OF TEMECULA AND WEST COAST FLOORING CENTER, INC. BUSINESS INCUBATOR AND RESOURCE CENTER PW12-09 THIS AGREEMENT is made and effective as of September 11, 2012, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and West Coast Flooring Center, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 11, 2012 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed on or before October 26, 2012. Contractor shall not commence the Work until such time as directed in writing by the City. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 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 scope of work, payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Two Thousand One Hundred Dollars and No Cents ($32,100.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 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. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, 1 it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times 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 Ag ree me nt. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends 2 or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, and volunteers (hereinafter "indemnified parties") 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 indemnified parties may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the indemnified parties. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 3 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions 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 indemnified parties 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 indemnified parties. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the indemnified parties. Any insurance or self- insured maintained by the indemnified parties shall be excess of the 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 indemnified parties. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 4 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. PERFORMANCE AND LABOR MATERIAL BONDS Prior to the commencement of the Work, Contractor shall provide the City with a Labor and Materials Bond in form of Exhibit C, Labor and Materials Bond, and a Performance Bond in the form of Exhibit D, Performance Bond, each bond in the amount of the cost of the Work as described in Paragraph 3. Exhibits C and D are attached hereto and incorporated herein by this reference as though set forth in full. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 5 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All 6 inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. Inspection of the work shall not relieve the Consultant of the obligation to fulfill all obligations under this Agreement. 22. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 24. ASSIGNMENT West Coast Flooring Center, Inc. Attn: John Cunningham 28011 Jefferson Ave Temecula, CA 92590 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 25. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Ag ree me nt. 7 26. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during hislher 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 that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 27. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 28. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 30. PERFORMANCE BOND Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit D. No payment will be made to Contractor until it has been received and approved by the City. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA West Coast Flooring Center, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chuck Washington, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR John Cunningham, President Irene Cunningham, Secretary West Coast Flooring Center, Inc. Attn: John Cunningham 28001 Jefferson Ave. Temecula, CA 951-693-1866 951-693-1869 jcunningham@westcoastflooring.com 9 PM Initials: D IJ Q Date: EXHIBIT "A" SCOPE OF WORK The Work is described in the "Plans and Specifications for the Temecula Business Incubator and Resource Center," dated August 6, 2012 attached hereto and incorporated herein by this reference. EXHIBIT "B" PAYMENT RATES AND SCHEDULE 11 EXHIBIT "C" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND FOR BUSINESS INCUBATOR AND RESOURCE CENTER PROJECT NO. PW12-09 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: West Coast Flooring Center, Inc. Hereinafter called "Contractor," a contract for the work described as follows: BUSINESS INCUBATOR AND RESOURCE CENTER, PROJECT NO. PW12-09, hereinafter called "Contract," and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of DOLLARS and CENTS ($ ), lawful money of the United States, said sum being riot less than one hundred (104%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the 12 provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 2012. (Seal) SURETY By: PRINCIPAL By: (Name) (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney (Title) By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 13 EXHIBIT "D" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND FOR BUSINESS INCUBATOR AND RESOURCE CENTER PROJECT NO. PW12-09 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a contract on , 2012, hereinafter called "Contract," with: West Coast Flooring Center, Inc. Hereinafter called "Principal," for the work described as follows: BUSINESS INCUBATOR AND RESOURCE CENTER, PROJECT NO. PW12-09 and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME OF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS and CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the mariner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' 15 fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 2012. (Seal) SURETY PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 16 EXHIBIT "A" SCOPE OF WORK The Work is described in the "Plans and Specifications for the Temecula Business Incubator and Resource Center," dated August 6, 2012 attached hereto and incorporated herein by this reference. Business Incubator and Resource Center PW12-09 Scope of Work See attached Floor plan dated 8/6/12 1. Demo all flooring, including ceramic tile, in areas that will receive new flooring. 2. Proper disposal of all flooring. 3. Provide floor prep at all areas as required. 4. Seal concrete at areas to receive bamboo flooring. 5. Provide all materials required for the installation of flooring. 6. Install all flooring 7. Install 4" top set rubber base. 8. Provide transition strips at all transition areas. 9. Clean all Bamboo flooring after installation. 10. Vacuum clean all carpet areas. Oc N (o ,�IIII� i immou, 4 r l sda1,4�say_i ur 0 F G• EXHIBIT "B" PAYMENT RATES AND SCHEDULE 12 coctCENTER State Contractors License # 901531 28011 Jefferson Avenue Temecula, CA 92590 (951) 693-1866 Fax: (951) 6931869 Ceramic • Marble • Granite • Stone • Slab • Sealer • Carpet • Vinyl • Hardwood • Laminate • Window Coverings August 7, 2012 City of Temecula Re: 43200 Business Center Dr Temecula, CA 92590 Attn: Bill Labor & Materials to Install on 1st Floor Only Carpet - QS001 - Triplicate - Carnegie Hall Carpet Tiles - City Scapes - Houston Strand Woven Bamboo - Carbonized Total $32,100.00 Price Includes New 4" Topset Base, Removal of Existing Carpet And moving of Furniture Thank you for the opportunity to bid. Sincerely, Ken Thompson Manager EXHIBIT "C" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND FOR BUSINESS INCUBATOR AND RESOURCE CENTER PROJECT NO. PW12-09 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: West Coast Flooring Center, Inc. Hereinafter called "Contractor," a contract for the work described as follows: BUSINESS INCUBATOR AND RESOURCE CENTER, PROJECT NO. PW12-09, hereinafter called "Contract," and WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of DOLLARS and CENTS ($ ), lawful money of the United States, said sum being not less than one hundred (100%) of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have compiled with the 13 provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _ , 2012. (Seal) SURETY By: PRINCIPAL By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 14 0 0 0 15 EXHIBIT "D" CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND FOR BUSINESS INCUBATOR AND RESOURCE CENTER PROJECT NO. PW12-09 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a contract on , 2012, hereinafter called "Contract," with: West Coast Flooring Center, Inc. Hereinafter called "Principal," for the work described as follows: BUSINESS INCUBATOR AND RESOURCE CENTER, PROJECT NO. PW12-09 and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME OF SURETY duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS and CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' 16 fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 2012. (Seal) SURETY PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures 17 CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 BUSINESS INCUBATOR AND RESOURCE CENTER Infrastructure / Other Project Project Description: This project will include office space for small technology related start-up businesses, as well as conference room space, recreational space, and daycare facilities. Construction of improvements to the former City Hall facility include repair or rehab of the elevator, roof, and HVAC system. Benefit / Core Value: The business incubator program assists and accelerates the successful development of entrepreneurial companies, thus creating additional jobs, product, and innovation to Temecula and the region. In addition, this project satisfies the City's Core Value of Economic Prosperity. Prosect Status: This project is estimated to be complete by the end of fiscal year 2012-13. Department: Public Works —Account No. 210.165.702 Level: I1 Project Cost: Actua Is to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Project Cost Construction $ 135,000 $ 135,000 Totals $ - $135,000 $ - $ - $ - $ - $ - $ 135,000 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost DIF (Corporate Facilities) $ 135,000 $ 135,000 Total Funding: $ - $ 135,000 $ - $ - $ - $ - $ - $ 135,000 Future Operation & Maintenance Costs 2012-13 $ 3,000 2013-14 $ 3,060 2014-15 $ 3,121 2015-16 $ 3,184 2016-17 $ 3,247 $ 3.312 BUSINESS INCUBATOR AND RESOURCE CENTER Infrastructure / Other Project Location t71/* Aerial Data - June 2011 0 62.5 125 Feet 250 76 Item No. 11 Approvals City Attorney Chief Financial Officer City Manager Piief— go r-, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: September 11, 2012 SUBJECT: French Valley Parkway Interchange — Funding of City's Obligations under Federal and State Law to Monitor Construction Activities in Order to Protect Cultural Resources PREPARED BY: Avlin R. Odviar, Senior Engineer RECOMMENDATION: Authorize the expenditure of up to $100,000 to compensate the Pechanga Band of Luiseno Indians for construction monitoring activities performed in accordance with the French Valley Parkway Interchange Project's environmental documents and State and Federal law. BACKGROUND: In accordance with Federal and State law, the approved environmental document for the French Valley Parkway Interchange Project requires that the ground disturbing activities associated with construction of this Project shall be monitored by the Pechanga Band of Luiseno Indians in order to protect any cultural resources that might be found during construction activities. State and Federal law impose very specific requirements on the City for monitoring earth moving activities and protecting cultural resources that might be discovered during such construction activities. We recommend the allowance of up to a $100,000 for the monitoring required for construction of Phase I and the Environmental Mitigation of the French Valley Parkway Interchange Project based on the estimated scope of earth moving activities for the Project. FISCAL IMPACT: The French Valley Parkway Interchange project is included in the City's Capital Improvement Program Fiscal Year 2013-17. The sources of funds include TUMF (CETAP/RCTC) pursuant to Agreement No. 11-72-0036-00 and Measure A — Local Street and Road. There are sufficient funds in the project account 210.165.719.5804 to cover the estimated cost of $100,000. ATTACHMENTS: 1. Project Location 2. Project Description FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I Circulation Project Location Aerial Data - March 2010 0 250 500 Feet 1,000 50 A 2012-13 2016-17 CITY OF TEMECUL Capital Improvement Program Fiscal Year 2013-17 FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS -PHASE I Project Description: This project includes the design, right-of-way acquisition, utility relocation, and construction activities to portions of the French Valley Parkway and Interstate 15 over -crossing and interchange. The project will add a new southbound off -ramp from Interstate 15 to French Valley Parkway, construct the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widen the existing southbound off -ramp from Interstate 15 to Winchester, and construct a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. The project requires oversight by Caltrans and coordination with the City of Murrieta. Benefit / Core Value: This project improves traffic circulation by providing another southbound off -ramp from Interstate 15 and adds a lane to the Interstate 15 southbound off -ramp to Winchester. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Protect Status: Construction is estimated to be completed by December 2013. Department: Public Works -Account No. 210 165.719 Level: I Project Cost: Actuals to Date Future Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Years Cost Administration $ 607,271 $ 118,239 $ 56,000 $ 781,510 Acquisition $2,357,447 $ 4,072,266 $ 91,000 $ 35,000 $ 35,000 $ 35,000 $ 6,429,713 Construction $ 503,922 $10,800,000 $5,493,839 $ 16,797,761 Construction $ 444,203 $ 444,203 Engineering $ 1,860,000 $ 931,270 $ 2,791,270 Design $ 1,910,670 $ 30,671 $ 1,941,341 Environmental $ 765,000 $ 92,500 $ 35,000 $ 35,000 $ 35,000 $ 35,000 $ 232,500 Totals $5,379,310 $16,973,676 $6,516,109 $ 35,000 $ 35,000 $ 35,000 $ - $ 28,974,095 Source of Funds: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost Capital Project Reserves $ 129,831 $ 91,000 $ 35,000 $ 35,000 $ 35,000 $ 325,831 DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 1,147,289 $ 1,722,062 $ 2,869,351 TUM F (CETAP/RCTCy " $ 765,000 $12, 809, 891 $ 6,425,109 $ 20,000, 000 TUMF(RCTC)c) $2,462,295 $ 917,112 $ 3,379,407 TUMF (WRCOG)3) $ 560,523 $ 560,523 TUMF (WRCOG)(4) $ 1,394,780 $ 1,394,780 Total Funding: $ 5,379,310 $16,973,676 $ 6,516,109 $ 35,000 $ 35,000 $ 35,000 $ - $ 28, 974, 095 Future Operation & Maintenance Costs: 2013-14 2014-15 2015-16 $ -I$ (1) TUMF (CETAPIRCTC) - Funding is pursuant to the RCTC Agreement No. 11-72-0036-00 in the amount of $20,000,000 to date ($4,700,000 -ROW $15,300,000 -Construction). (2) TUMF (RCTC) - Regional funding is pursuant to the RCTC Agreement No. 06-72-048-00 for a total of $7,517,000 ($5,517,000 -ROW and $2,000,000- PS&E). Phase I is $1,682,000 -ROW and $203,784-P5&E- See also Phase II. (3) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 05 -SW -TEM -1064 for a total of $4,078,000 ($108,724-PS&E; $3,969,296- PS&E) - See also Phase II. (4) TUMF (WRCOG) - Zone funding is pursuant to WRCOG Agreement No. 06 -SW -TEM -1079 for a total of $11,575,000 ($975,752-PA&ED; $8,925,000- PS&E; $1,674,248 -ROW) - See also Phase II. 51 Item No. 12 Approvals City Attorney Chief Financial Officer City Manager 07 -e -r - go CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Bob Johnson, City Manager DATE: September 11, 2012 SUBJECT: Support for HR 5823 (Rep. Gary Miller, R -Diamond Bar) Saving Taxpayers from Unnecessary Real Estate Owned Bulk Sale Programs (at the request of Mayor Pro Tem Naggar) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HOUSE OF REPRESENTATIVES BILL HR 5823 (REP. GARY MILLER, R -DIAMOND BAR) SAVING TAXPAYERS FROM UNNECESSARY REAL ESTATE OWNED BULK SALE PROGRAMS BACKGROUND: U.S. Congressman Gary Miller (R -Diamond Bar) is underwriting House of Representatives Bill HR 5823 in an attempt to save taxpayers from an unnecessary real estate owned (REO) bulk sales program proposed by the Federal Housing Finance Authority (FHFA). This bill has ten other bipartisan co-sponsors to date including Rep. Joe Baca (D -San Bernardino); Rep. Judy Chu (D -Los Angeles); Rep. Susan Davis (D -San Diego); Rep. Dana Rohrabacher (R -Huntington Beach); Rep. Brad Sherman (D -Sherman Oaks); Rep. Ken Calvert (R-Riverside/Corona); Rep. Elton Gallegly (R -Camarillo); Rep. Barbara Lee (D -Oakland); Rep. Zoe Lofgren (D -San Jose); and Rep. Adam Schiff (D -Pasadena). In February of 2012, the Federal Housing Finance Authority (FHFA), Fannie Mae's conservator, announced a real estate banked owned (REO) bulk sales program intended to bundle REO properties for sale to investors who would turn them into rentals for a period of 3 to 5 years. The program targets specific market areas including the greater area of Los Angeles and Riverside Counties. Other market areas targeted by this program include Atlanta, Chicago, Las Vegas, Phoenix and several areas in Florida. In May of 2012, House of Representatives Bill HR 5823 was introduced to prohibit the proposed REO bulk sales program in California after the FHFA disregarded California lawmakers' objections that REO bulk sales of homes to investors would create a negative economic impact to California's recovering real estate market. The California Association of Realtors (CAR) supports HR 5823 and opposes FHFA's REO bulk sales program. LeFrancis Arnold, President of CAR, expressed that the REO bulk sales program hurts genuine home buyers who already face competition from investors because bank owned homes are currently selling in 30 days, often above the list price, without government intervention. CAR is further concerned that outdated market data and valuations used by FHFA will devalue home prices and hinder the real estate recovery in the Inland Empire, which has shown strong signs of stabilization. Furthermore, because of the outdated price discrepancy and the nature of bulk sales to investors, CAR believes Fannie Mae will not receive fair market value for the bundled REO properties, thereby saddling taxpayers with their loss. The Riverside County Board of Supervisors adopted support of HR 5823 on August 28th and opposes FHFA's REO bulk sales program in Riverside County. The Southwest California Legislative Council has not yet taken a position on HR 5823, but also opposes FHFA's REO bulk sales program. The National Association of Realtors has expressed concerns with FHFA's REO bulk sales program and defers to CAR's support of HR 5823 since the legislation impacts only the State of California. The California League of Cities has not taken a formal position. HR 5823 remains at the House Committee on Financial Services, Subcommittee on Capital Markets and Government Sponsored Enterprises. No action is specifically scheduled on HR 5823; however, Congressman Gary Miller continues to press Congress to resolve the issue prior to the end of the Second Congressional Session, December 31, 2012. FISCAL IMPACT: Should HR 5823 fail, and the Federal Housing Finance Authority is successful in bundling REO homes for sale to investors, it is anticipated property values in the City of Temecula would be negatively impacted. ATTACHMENTS: 1. Resolution No. 12- 2. Proposed House of Representatives Bill HR 5823 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HOUSE OF REPRESENTATIVES BILL HR 5823 (REP. GARY MILLER, R -DIAMOND BAR) SAVING TAXPAYERS FROM UNNECESSARY REAL ESTATE OWNED BULK SALE PROGRAMS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, House of Representatives Bill, HR 5823, is intended to save taxpayers from unnecessary real estate owned bulk sale programs by prohibiting the Director of the Federal Housing Finance Agency (FHFA) from: (1) disposing of any real estate owned by it, by the Federal National Mortgage Association (Fannie Mae), or by the Federal Home Loan Mortgage Corporation (Freddie Mac) located in California under any initiative for bulk sales of such real estate; and (2) carrying out such initiative; and WHEREAS, House of Representatives Bill, HR 5823, is intended to protect the current housing market recovery in Riverside County by prohibiting bulk sales of real estate owned (REO) properties by the FHFA to investors converting them into rental properties; and WHEREAS, House of Representatives Bill, HR 5823, is intended to prohibit bulk sales of REO properties by the FHFA and protect genuine home buyers in Riverside County who are already encountering competition from investors in an environment where multiple offers are made on distressed and foreclosed properties and are sold in an average of 35 days, typically at, or higher than, asking price; and that the existing high demand and low inventory is not appropriate for bulk sales of REO properties to investors; and WHEREAS, House of Representatives Bill, HR 5823, is intended to protect tax payers since Fannie Mae would not receive fair market value for REO properties that are sold in bulk to investors by the FHFA, thereby saddling taxpayers with their loss. NOW, THEREFORE BE IT RESOLVED that the City of Temecula supports House of Representatives Bill, HR 5823, and will send a copy of this resolution in support to California State and Federal legislators. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of September, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of September, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I 112TH CONGRESS 1-1. R. 5823 2D SESSION To prohibit the Federal Housing Finance Agency from disposing of certain real estate -owned of such Agency, the Federal National Mortgage Asso- ciation, and the Federal Home Loan Mortgage Corporation, under the initiative of such Agency for bulk sales of real estate -owned. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2012 Mr. GARY G. MILLER of California (for himself, Ms. CHU, Mr. ROHR- ABACHER, Mr. CALVERT, Mrs. DAVIS of California, Mr. SHERMAN, and Mr. BACA) introduced the following bill; which was referred to the Com- mittee on Financial Services A BILL To prohibit the Federal Housing Finance Agency from dis- posing of certain real estate -owned of such Agency, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, under the initiative of such Agency for bulk sales of real estate -owned. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Saving Taxpayers from 5 Unnecessary GSE Bulk Sale Programs Act of 2012". 2 1 SEC. 2. PROHIBITION ON DISPOSITION OF CERTAIN REAL 2 ESTATE -OWNED UNDER FHFA BULK SALES 3 INITIATIVE. 4 (a) PROHIBITION.—Effective upon the enactment of 5 this Act, the Director of the Federal Housing Finance 6 Agency may not dispose of any covered real-estate owned 7 that is located in the State of California under any initia- 8 tive for bulk sales of covered real estate -owned and may 9 not carry out such initiative with respect to covered real 10 estate -owned that is located in such State. 11 (b) DEFINITIONS.—For purposes of this section, the 12 following definitions shall apply: 13 (1) INITIATIVE FOR BULK SALES OF COVERED 14 REAL ESTATE-OWNED.—The term "initiative for 15 bulk sales of covered real estate -owned" means - 16 (A) the initiative of the Federal Housing 17 Finance Agency that - 18 (i) was announced in 2012, pursuant 19 to a request for information issued on Au - 20 gust 10, 2011; and 21 (ii) provides for qualified investors to 22 purchase pools of covered real estate - 23 owned; and 24 (B) any other program or initiative of the 25 Federal Housing Finance Agency, the Federal 26 National Mortgage Association, or the Federal •HR 5823 IH 3 1 Home Loan Mortgage Corporation that is sub - 2 stantially similar to or substantially based on 3 the initiative identified in subparagraph (A). 4 (2) COVERED REAL ESTATE-OWNED.—The term 5 "covered real estate -owned" means real estate -owned 6 of the Federal Housing Finance Agency, the Federal 7 National Mortgage Association, and the Federal 8 Home Loan Mortgage Corporation. 0 •HR 5823 IH Item No. 13 Approvals M'r. City Attorney ' Chief Financial Officer !''" City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Bob Johnson, City Manager DATE: September 11, 2012 SUBJECT: Support for AB 1098 (Carter, D -Rialto) Vehicle License Fees Allocation (at the request of Mayor Washington) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL AB 1098 (CARTER, D -RIALTO) VEHICLE LICENSE FEES ALLOCATION BACKGROUND: Assembly Bill AB 1098 (Carter, D -Rialto) was passed by the Legislature on September 1, 2012 as an urgency bill to restore certain Vehicle License Fee (VLF) funds that were taken from cities across the State. AB 1098 is an amended bill, with identical language to Senate Bill SB 1566 (Gloria Negrete McLeod, D -Chino) which had been previously stalled in the Senate Appropriations Committee since May of 2012. Although every city lost money, the formula especially hit hard at the State's newest cities that incorporated after 2004; all of which are in Riverside County including Eastvale, Jurupa Valley, Menifee and Wildomar. The loss of VLF funds that these cities relied upon as part of their fiscal analysis to determine cityhood has caused extreme financial hardships. For example, the City of Jurupa Valley lost 46% of their anticipated General Fund Budget. As recently passed by the Legislature, AB 1098 would reinstate annual funds in the amount of the VLF allocation formula that the Cities of Wildomar, Eastvale, Jurupa Valley and Menifee relied upon when making the decision to incorporate. If AB 1098 is signed by the Governor, over $14 Million Dollars of VLF funds will be restored to the four newly incorporated Riverside County cities as follows: 1. Wildomar (approximately $1.6 Million Dollars) 2. Menifee (approximately $3.6 Million Dollars) 3. Jurupa Valley (approximately $6.4 Million Dollars) 4. Eastvale (approximately $3 Million Dollars) In addition, a total of over $4 Million Dollars will be split annually between cities that annexed inhabited areas and relied upon VLF funds, including the City of Temecula in the amount of $444,823 calculated for FY2012-13. Governor Brown has until September 30, 2012 to make the decision whether or not to reopen the budget and sign this urgency bill or, alternatively, veto it. FISCAL IMPACT: The City of Temecula would receive approximately $445K annually of the VLF Funds that were previously taken by the State. ATTACHMENTS: 1. Resolution No. 12- 2. Assembly Bill AB 1098 3. Letter to Governor Brown RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL AB 1098 (CARTER, D -RIALTO) VEHICLE LICENSE FEES ALLOCATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Assembly Bill, AB 1098 (Carter), is an urgency bill passed by over two-thirds of the State Legislature on September 1, 2012, and is intended to restore the allocation of Vehicle License Fees (VLF) funding to newly incorporated cities and cities with inhabited annexations because the State disproportionally endangered the fiscal viability of new cities and inhabited annexed territories that relied on VLF revenues; and WHEREAS, Assembly Bill, AB 1098 (Carter), is an urgency bill passed by over two-thirds of the State Legislature on September 1, 2012, and is intended to protect newly incorporated cities that are facing insolvency and possible disincorporation and cities with inhabited annexed areas from making cuts to funding that impacts public safety due to the Toss of VLF funding; and WHEREAS, Assembly Bill, AB 1098 (Carter), is intended to reallocate annual VLF funding to recently incorporated cities in the total amount of over $14 Million Dollars, and to cities that annexed inhabited areas including the City of Temecula in the amount of $444,823; and NOW, THEREFORE BE IT RESOLVED that the City of Temecula supports Assembly Bill AB 1098 (Carter) and directs the City Manager to send this Resolution and any letters of support that encourage Governor Brown to sign AB 1098 (Carter) into law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of September, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of September, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk AMENDED IN SENATE AUGUST 30, 2012 AMENDED IN SENATE AUGUST 7, 2012 AMENDED IN ASSEMBLY MARCH 31, 2011 CALIFORNIA LEGISLATURE -2011-12 REGULAR SESSION ASSEMBLY BILL No. 1098 Introduced by Assembly Member Ragman Carter (Coauthors: Senators Calderon and Gaines) (Principal coauthors: Senators Negrete McLeod and Emmerson) February 18, 2011 An act to amend Section 790.03 of the Insurance Code, relating to insurance Sections 11003 and 11005 of the Revenue and Taxation Code, relating to taxation, making an appropriation therefor, and declaring the urgency thereof to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1098, as amended, IIag.aaic Carter. Insurance: unfair methods of competition: automotive repair. Vehicle license fees: allocation. Existing law requires that a specified amount of motor vehicle license fees deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund be allocated by the Controller, as specified, to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, for allocation to cities, counties, and cities and counties. This bill would instead require, on and after July 1, 2012, that those revenues be distributed first to each city that was incorporated from an unincorporated territory after August 5, 2004, in an amount determined pursuant to a specified formula, second to each city that 96 AB 1098 —2— was incorporated before August 5, 2004, in an amount determined pursuant to a specified formula, and third to the Local Law Enforcement Services Account in the Local Revenue Fund 2011, for allocation to cities, counties, and cities and counties. By authorizing within the Motor Vehicle License Fee Account in the Transportation Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. Existing law requires the Legislature to determine and appropriate annually an amount for the use of the Department of Motor Vehicles and the Franchise Tax Board for the enforcement of the Vehicle License Fee Law. This bill would not allow that amount to be appropriated from the Motor Vehicle License Fee Account in the Transportation Tax Fund. This bill would declare that it is to take effect immediately as an urgency statute. Existing law defines unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, including knowingly committing or performing with such frequency as to indicate a general business practice of various unfair claims settlement practices, such as not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear. If a person engages in any unfair method of competition or any unfair or deceptive act or practice, that person may be subject to a civil penalty fixed by the Insurance Commissioner. This bill would add to the list of unfair claims settlement practices (1) failing to estimate the cost of automotive repairs in accordance with accepted trade standards for good and workmanlike automotive repair, (2) adjusting a claimant's written repair estimate, if the repair costs will exceed the written repair estimates, without providing specified information, including edited copies of either the insurer's estimate or the claimant's auto body repair shop estimate, and (3) requiring the use of nonoriginal equipment manufacturer replacement crash parts in the repair of an automobile. Vote: majority 2/3. Appropriation: ne-yes. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION I. The Legislature finds and declares all of the 2 following: 96 -3— AB 1098 1 (a) It is the intent of the Legislature commencing with the 2 2012-13 fiscal year to reinstate allocations ofmotor vehicle license 3 fees to recently incorporated cities and cities which annexed 4 inhabited areas, consistent with the allocation formula those 5 communities relied upon when making the decision to incorporate 6 or annex the affected territory. 7 (b) It is also the intent of the Legislature to ensure that such 8 revenues and incentives remain available for other communities 9 considering incorporation, including unincorporated communities 10 ofEastLosAngeles, and annexations of inhabited areas, including 11 disadvantaged unincorporated communities. 12 (c) Numerous state laws support the policy offurthering orderly 13 development in compact forms, including the annexation of 14 inhabited territory and the incorporation of communities consistent 15 with state laws, the policies oflocal agency formation commissions, 16 and often the approval of local voters. 17 (d) The passage of Senate Bill 89 of the 2011-12 Regular 18 Session (Chapter 35 of the Statutes of 2011) removed critical 19 revenues from these communities without providing a reasonable 20 opportunity for input from the affected agencies and the public. 21 SEC. 2. Section 11003 of the Revenue and Taxation Code is 22 amended to read: 23 11003. (a) Subject to subdivision (b), the The Legislature shall 24 annually determine and appropriate an amount for the use of the 25 Department of Motor Vehicles and the Franchise Tax Board for 26 the enforcement of this part. That amount shall not be appropriated 27 from the Motor Vehicle License Fee Account in the Transportation 28 Tax Fund. 29 (b) For the 2011-12 fiscal year, twenty five million dollars 30 ($25,000,000) shall -be dee d ro=use east-to-t4te-Derartinent 31 of Motor Vehicles of collecting the motor vehicle license fees that 32 arc collected with the motor vehicle registration fees and other 33 fees- 34 SEC. 3. Section 11005 of the Revenue and Taxation Code is 35 amended to read: 36 11005. After payment of refunds therefrom and after making 37 the deductions authorized by Section 11003 and reserving the 38 amount determined necessary by the Pooled Money Investment 39 Board to meet the transfers ordered or proposed to be ordered 40 pursuant to Section 16310 of the Government Code, the balance 96 AB 1098 —4- 1 of all motor vehicle license fees and any other money appropriated 2 by law for expenditure pursuant to this section, deposited to the 3 credit of the Motor Vehicle License Fee Account in the 4 Transportation Tax Fund, and remaining unexpended in that 5 account at the close of business on the last day of the calendar 6 month, shall be allocated by the Controller by the 10th day of the 7 following month in accordance with the following: 8 (a) On and after July 1, 2012: 9 (1) First, to each city that was incorporated from an 10 unincorporated territory after August 5, 2004, in an amount equal 11 to the product of the following two amounts: 12 (A) The quotient derived from the following fraction: 13 (1) The numerator is the product of the following two amounts: 14 (I) Fifty dollars ($50) per year. 15 (II) The fraction determined as the total amount of vehicle 16 license fee revenue collected during the most recent fiscal year 17 divided by the total amount of vehicle license fee revenue collected 18 during the 2004-05 fiscal year. 19 (iz) The denominator is the fraction determined as the actual 20 population, as defined in subdivision (d) ofSection 11005.3, ofall 21 cities during the most recent fiscal year, divided by the actual 22 population, as defined in subdivision (d) ofSection 11005.3, ofall 23 cities in the 2004-05 fiscal year. 24 (B) The city's population determined in accordance with Section 25 11005.3. 26 (2) Second, to each city that was incorporated before August 27 5, 2004, in an amount equal to the product of the following two 28 amounts: 29 (A) The quotient derived from the following fraction: 30 (1) The numerator is the product of the following two amounts: 31 (I) Fifty dollars ($50) per year. 32 (II) The fraction determined as the total amount of vehicle 33 license fee revenue collected during the most recent fiscal year 34 divided by the total amount of vehicle license fee revenue collected 35 during the 2004-05 fiscal year. 36 (iz) The denominator is the fraction determined as the actual 37 population, as defined in subdivision (d) ofSection 11005.3, ofall 38 cities during the most recent fiscal year, divided by the actual 39 population, as defined in subdivision (d) ofSection 11005.3, ofall 40 cities in the 2004-05 fiscal year. 96 — 5— AB 1098 1 (B) The actual population, as defined in subdivision (d) of 2 Section 11005.3, residing in areas annexed after August 5, 2004, 3 as of the date of annexation. 4 (a) On and after July 1, 2011 5 (3) Third, to the Local Law Enforcement Services Account in 6 the Local Revenue Fund 2011, as established by Section 30025 of 7 the Government Code, for allocation to cities, counties, and cities 8 and counties. 9 (b) On and after July 1, 2011, and before July 1, 2012, to the 10 Local Law Enforcement Services Account in the Local Revenue 11 Fund 2011, as established by Section 30025 of the Government 12 Code, for allocation to cities, counties, and cities and counties. 13 (b) 14 (c) On or after July 1, 2004, but before July 1, 2011: 15 (1) First, to the County of Orange. For the 2004-05 fiscal year, 16 that county shall be allocated fifty-four million dollars 17 ($54,000,000) in monthly installments. For the 2005-06 fiscal year 18 and each fiscal year thereafter, that county shall receive, in monthly 19 installments, an amount equal to the amount allocated under this 20 section for the prior fiscal year, adjusted for the percentage change 21 in the amount of revenues credited to the Motor Vehicle License 22 Fee Account in the Transportation Tax Fund from the revenues 23 credited to that account in the prior fiscal year. Moneys allocated 24 to the County of Orange under this subdivision shall be used first 25 for the service of indebtedness as provided in paragraph (1) of 26 subdivision (a) of Section 11001.5. Any amounts in excess of the 27 amount required for this service of indebtedness may be used by 28 that county for any lawful purpose. 29 (2) Second, to each city, the population of which is determined 30 under Section 11005.3 on August 5, 2004, in an amount equal to 31 the additional amount of vehicle license fee revenue, including 32 offset transfers, that would be allocated to that city under Sections 33 11000 and 11005, as those sections read on January 1, 2004, as a 34 result of that city's population being determined under subdivision 35 (a) or (b) of Section 11005.3. 36 (3) Third, to each city that was incorporated from an 37 unincorporated territory after August 5, 2004, in an amount equal 38 to the product of the following two amounts: 39 (A) The quotient derived from the following fraction: 40 (i) The numerator is the product of the following two amounts: 96 AB 1098 —6- 1 (I) Fifty dollars ($50) per year. 2 (II) The fraction determined as the total amount of vehicle 3 license fee revenue collected during the most recent fiscal year 4 divided by the total amount of vehicle license fee revenue collected 5 during the 2004-05 fiscal year. 6 (ii) The denominator is the fraction determined as the actual 7 population, as defined in subdivision (e) of Section 11005.3, of 8 all cities during the most recent fiscal year, divided by the actual 9 population, as defined in subdivision (e) of Section 11005.3, of 10 all cities in the 2004-05 fiscal year. 11 (B) The city's population determined in accordance with Section 12 11005.3. 13 (4) Fourth, to each city that was incorporated before August 5, 14 2004, in an amount equal to the product of the following two 15 amounts: 16 (A) The quotient derived from the following fraction: 17 (i) The numerator is the product of the following two amounts: 18 (I) Fifty dollars ($50) per year. 19 (II) The fraction determined as the total amount of vehicle 20 license fee revenue collected during the most recent fiscal year 21 divided by the total amount of vehicle license fee revenue collected 22 during the 2004-05 fiscal year. 23 (ii) The denominator is the fraction determined as the actual 24 population, as defined in subdivision (e) of Section 11005.3, of 25 all cities during the most recent fiscal year, divided by the actual 26 population, as defined in subdivision (e) of Section 11005.3, of 27 all cities in the 2004-05 fiscal year. 28 (B) The actual population, as defined in subdivision (e) of 29 Section 11005.3, residing in areas annexed after August 5, 2004, 30 as of the date of annexation. 31 (5) Fifth, to the cities and cities and counties of this state in the 32 proportion that the population of each city or city and county bears 33 to the total population of all cities and cities and counties in this 34 state, as determined by the Demographic Research Unit of the 35 Department of Finance For the purpose of this subdivision, the 36 population of each city or city and county shall be determined in 37 accordance with Section 11005.3. 38 SEC. 4. This act is an urgency statute necessary for the 39 immediate preservation ofthe public peace, health, or safety within 96 — 7— AB 1098 1 the meaning of Article IV of the Constitution and shall go into 2 immediate effect. The facts constituting the necessity are: 3 In order to restore critical revenues to recently incorporated 4 cities and cities that annexed inhabited areas, removed from these 5 communities as a result of the passage of Senate Bill 89 of the 6 2011-12 Regular Session (Chapter 35 of the Statutes of 2011) 7 without providing a reasonable opportunity for input from the 8 affected agencies and the public, it is necessary that this act take effect immediately. SECTION 1. Section 790.03 ofthc Insurance Code is amended to read: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 action committing, any act of boycott, coercion, or intimidation ••• • Y_ _ : of competition and unfair and dcccptivc acts or practices in the business of insurance. (a) Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial condition life insurer operates, or using any name or title of any policy or class of policies misrepresenting the true nature thereof, or making any misrepresentation to any policyholder insured in any company for the purpose of inducing or tending to induce the policyholder to lapse, forfeit, or surrender his or her insurance. (b) Making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever, any statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of his or her insurance business, which is untrue, dcccptivc, or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, (c) Entering into any agrccmcntto commit, or by any concerted 96 AB 1098 —8- 1 resulting in or tending to result in unreasonable restraint of, or 2 3 4 making, publishing, disseminating, circulating, or delivering to 5 any person, or placing bcforc the public, or causing directly or 6 indirectly, to be made, published, disseminated, circulated, 7 delivered to any person, or placed bcforc the public any false 8 statement of financial condition of an insurer with intent to dcccivc. 9 (c) Making any false entry in any book, report, or statement of 10 any insurer with intent to dcccivc any agent or examiner lawfully 11 appointed to examine into its condition or into any of its affairs, 12 or any public official to whom the insurer is required by law to 13 report, or who has authority by law to examine into its condition 14 or into any of its affairs, or, with like intent, willfully omitting to 15 make a true entry of any material fact pertaining to the business 16 of the insurer in any book, report, or statement of the insurer. 17 (f) (1) Making or permitting any unfair discrimination between 18 individuals of the same class and equal expectation of life in the 19 rates charged for any contract of life insurance or of life annuity 20 or in the dividends or other benefits payable thereon, or in any 21 other of the terms and conditions of the contract. 22 (2) This subdivision shall be interpreted, for any contract of 23 ordinary life insurance or individual life annuity applied for and 24 issued on or after January 1, 1981, to require diffcrcntials based 25 upon the sex of the individual insured or annuitant in the rates or 26 dividends or benefits, or any combination thcrcof. This requirement 27 is satisfied if those diffcrcntials arc substantially supported by 28 valid pertinent data segregated by sex, including, but not limited 29 to, mortality data segregated by sex. 30 (3) Ilowever, for any contract of ordinary life insurance or 31 individual life annuity applied for and issued on or after January 32 1, 1981, but bcforc the compliance date, in lieu of those 33 diffcrcntials based on data segregated by sex, rates, or dividends 34 or benefits, or any combination thcrcof, for ordinary life insurance 35 or individual life annuity on a female life may be calculated as 36 follows: (A) according to an age not less than three years nor more 37 than six years younger than the actual age of the female insured 38 or female annuitant, in the case of a contract of ordinary life 39 insurance with a face value greater than five thousand dollars 40 ($5,000) or a contract of individual life annuity; and (B) according monopoly in, the business of insurance. 96 1 —9— AB 1098 2 the female insured, in the case of a contract of ordinary life 3 insurance with a face value of five thousand dollars ($5,000) or 4 less. "Compliance date" as used in this paragraph shall mean the 5 date or dates established as the operative date or dates by future 6 amendments to this code directing and authorizing life insurers to 7 use a mortality table containing mortality data segregated by sex 8 for the calculation of adjusted premiums and present values for nonforfciturc benefits and valuation reserves as specified in 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 policy provisions relating to any coverages at issue. 36 (2) Pai-kng-to-aeknowlcdgc and act reasonably p.c.i.1,t1y upu!t 37 communications with respect to claims arising under insurance 38 policies. -. .":•. - 04) Notwithstanding the provisions of this subdivision, sex based differentials in rates or dividends or benefits, or any combination or life annuity issued pursuant to arrangements which may be considered terms, conditions, or privileges of employment as these terms arc used in Title VII of the Civil Rights Act of 1964 (Public Law 88 352), as a.nended, and (B) tax-s1ieltxsi,elmin.aitiesfo. employees of public schools or of tax exempt organizations described in Section 501(c)(3) ofthc Internal Revenue Code. (g) Making or disseminating, or causing to be made or disseminated, before the public in this state, in any newspaper or other publication, or any other advertising device, or by public outcry or proclamation, or in any other manner or means whatever, whether directly or by implication, any statement that a named insurer, or named insurers, are members ofthc California Insurance Guarantee Association, or insured against insolvency as defined in Section 119.5. This subdivision shall not be interpreted to prohibit any activity of the California Insurance Guarantee Association or the commissioner authorized, directly or by implication, by Article 14.2 (commencing with Section 1063). (h) Knowingly committing or performing with such frequency as to indicate a general business practice any of the following unfair claims settlement practices: 96 AB 1098 1 —10- 2 prompt investigation and processing of claims arising under 3 insurance policies. 4 I) Failing to affirm or deny covcragc of claims within a 5 reasonable time after proof of loss requirements have bccn 6 completed and submitted by the insured. 7 (5) Not attempting in good faith to effectuate prompt, fair, and 8 equitable settlements of claims in which liability has become reasonably clear. (6) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered. (7) Attempting to scttic a claim by an insured for less than the amount to which a reasonable person would have believed he or she was entitled by reference to written or printed advertising material accompanying or made part of an application. (8) Attempting to scttic claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his or -her representative, agent, or -broker. (9) Failing,- after payment of a clain.—to-it.€u..n insureds o. beneficiaries, upon request by them, of the covcragc under which payment has bccn made. (10) Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds settlements or compromises less than the amount awarded in arbitration. (11) Delaying the investigation or payment of claims by • a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information. apparent, under one portion of the insurance policy covcragc in order to influence settlements under other portions ofthc insurance policy covcragc. (13) Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy, in relation to the facts 96 -11— AB 1098 1 or applicable law, for the denial of a claim or for the offer of a 2 -- ---- 3 (14) Directly advising a claimant not to obtain the services of 4 an attorney. 5 (15) Misleading a claimant as to the applicable statute of 6 limitations. 7 (16) Delaying the pay.nent or provision hospital, .ncdical, 8 or surgical benefits for services provided with respect to acquired 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1ep 36 37 38 39 40 than 60 days after the insurer has received a claim for those benefits, where the delay in claim payment is for the purpose of investigating whether the condition preexisted the coverage. Ilowever, this 60 day period shall not include any time during which the insurer is awaiting a response for relevant medical in€ei.nation froin a health etre provider. (17) Failing to esti...FAtc l.e eust„f-autuinotivc . pais iit workmanlike automotive repair. Estimates shall allow for repairs to be made by auto body repair shops, as defined in Section 9889.51 ofthc Business and Professions Code. The esti.nates shall be based on any of the following: (A) Original cquipmcnt manufacturer repair specifications. (B) Nationally distributed and periodically updated- L ,Hisi.,!t cstimating guides. prepared by or for the insurer, adjusting a claimant's written repair estimate without providing one of the following: (A) An cditcd copy of the claimant's auto body repair shop estimate. (B) An cditcd copy of the insurer's estimate. • the itemized supplemental request from the claimant's auto body •.- replacement crash parts in the repair of an automobile, unless the insurer specifying the use of nonoriginal cquipmcnt manufacturer replacement crash parts only specified parts that arc distributed by entities that do all of the following: 96 AB 1098 —12- 1 (A) Agrcc to pay the cost of any modifications to the parts that 2 3 ::.. :::.. ::. 4 with returning the part, and to replace the part. 5 (C) Ilave in place a prep in to analyze parts retu....,.l-v ith 6 defects and report the part number, lot number, and nature of each 7 dcfcct to the manufacturer and any entity that certifies the parts. 8 An insurer shall obtain from the distributor and report the dcfcct 9 information identified in this subparagraph to the Department of 10 11 12 13 14 or more vehicles shall be considered to be defective. 15 16 may be necessary to effect the repair. pon request. Section 676.10. 0 96 Chuck Washington Mayor Michael S. Naggar Mayor Pro -Tem Jeff Comerchero Council Member Maryann Edwards Council Member Ronald H. Roberts Council Member 951-506-5100 FAX 951-694-6499 ® Printed on Recycled Paper City of Temecula 41000 Main Street • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6416 • Fax (951) 694-6499 • www.cityoftemecula.org September 11, 2012 The Honorable Jerry Brown Governor of California State Capitol Building Sacramento, CA 95814 RE: AB 1098 (Carter) — SIGNATURE REQUEST Dear Hon. Governor Brown, On behalf of the City of Temecula, we respectfully request that you sign AB 1098 (Carter), a bill passed by more than two-thirds of the Legislature that prudently reallocates vehicle license fees (VLF) to recently incorporated cities and cities that annexed inhabited territory. As you are certainly aware, Temecula is already reeling from the consequences of state budgetary cuts, including the elimination of redevelopment agencies as we know it. As a city that has a recently annexed area, the additional shift of these VLF funds from the City to the State budget removes funds that the City relied upon as part of annexation which directly aid critical local services, including funding for public safety, during a time of already great economic instability. While last year's SB 89 eliminated about $130 million from all 480 cities in California, the bill disproportionately impacted cities that annexed areas after 2004. AB 1098 would alleviate this disparity by returning a total of over $4 million to be split annually between cities that recently annexed inhabited areas and relied upon VLF funds, including the City of Temecula in the amount of $444,823. We also wish to convey the need to re -instate approximately $14 Million Dollars of the VLF funds that four of California's newest cities, all in Riverside County, fiscally relied upon when recently seeking cityhood. The loss of these VLF funds has seriously endangered the fiscal viability of these new cities to stay afloat. The Honorable Jerry Brown September 11, 2012 Page 2 We strongly encourage you to sign AB 1098. Please contact me or the City's legislative advocate Brooks Ellison at (916) 448-2187 with any questions you may have on the bill. Sincerely, Chuck Washington Mayor cc: The Honorable Wilmer Amina Carter Office of the Governor, Legislative Affairs Unit Brooks Ellison, Ellison Wilson Advocacy, LLC TEMECULA COMMUNITY SERVICES DISTRICT Item No. 14 ACTION MINUTES of August 28, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:37 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None. CSD CONSENT CALENDAR 7 Action Minutes — Approved staff recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Naggar; electronic vote showed unanimous approval. RECOMMENDATION: 7.1 Approve the action minutes of August 14, 2012. 8 Temecula Valley Woman's Club Sponsorship (at the request of Park and Recreation Ad Hoc Subcommittee Members Chuck Washington and Jeff Comerchero) — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote showed unanimous approval. RECOMMENDATION: 8.1 Approve the Facility Sponsorship Agreement with Temecula Valley Woman's Club for the use of the Community Recreation Center (CRC) kitchen for City support of $1,276. CSD DEPARTMENTAL REPORT 9 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 1 CSD ADJOURNMENT At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 11, 2012, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 2 Jeff Comerchero, President